Northern Grampians Shire Council has issued a planning permit to Ketan & Kinal Property Pty Ltd for a proposed Mobil service station at 61-71 Longfield Street in Stawell.
Council initially refused the application in May this year following councillor concerns about potential impacts on amenity, road safety, health and safety.
There were also concerns about the proposal's compliance with the character and orderly planning of the area.
In response, the applicant took the matter to the Victorian Civil and Administrative Tribunal (VCAT) in June. During the Compulsory Conference process, council was able to negotiate several improved outcomes that ultimately led to the permit being issued on Wednesday last week.
Northern Grampians Shire mayor Karen Hyslop said while council did not usually issue formal communications about permit applications and outcomes, council acknowledged heightened community interest on this occasion.
"We know there was quite a bit of community concern about the application through the formal objections we received, but also informally via online discussion forums," she said.
"We thought it was prudent to acknowledge these concerns and provide clarity around why a permit was ultimately granted for community awareness purposes."
Cr Hyslop said during the VCAT process, the applicant conceded significant amendments to address some of the key concerns raised by council, such as minimising operating hours, and decreasing from a 24-hour service to one available between 5am and 11pm.
"Residents of dwellings near the proposed site raised noise and light pollution concerns, conditions which are improved through the revised operating model," she said.
"The applicant has also strengthened their position on the acoustic fencing solution and relocated an unground ventilation breather vent to an alternative position, in addition to agreeing to some proposed landscaping requirements.
"We appreciate this does not necessarily address all of the concerns raised, however, we do believe the amendments go some way towards mitigating the key challenges raised during the initial permit review."
A Compulsory Conference is a preliminary VCAT hearing that enables the parties to continue to negotiate changes. It occurs prior to a Merits Hearing, where the matter is ultimately decided by VCAT. At this point, the conditions are outside of council's control and do not always lead to a more positive outcome for objectors.
"The reason council agreed to the proposed changes at the Compulsory Conference stage and decided not to escalate to the Merits Hearing stage was to safeguard some of the positive changes agreed by the applicant," Cr Hyslop said.
"There was no guarantee these changes would have been secured if the matter progressed to a Merits Hearing, where council could have walked away with a less than positive outcome for our community.
"Our role is to advocate on behalf of residents to achieve outcomes that seek fair and favourable results where possible, which is what we believe we have achieved in this case."
Cr Hylsop confirmed all planning applications were independently reviewed, meaning no precedent had been set for similar applications in the future.
"Every permit is reviewed and assessed individually as no two projects are ever the same," she said.
"The community can have confidence that any new applications, whether they be of a completely different or a similar nature, will not be influenced by the process that has unfolded with this application."
