Council has appealed a Victorian Civil and Administrative Tribunal (VCAT) decision to issue a retrospective permit for 400,000 cubic metres of fill on a Green Wedge Property in the Yarra Ranges.
In June, VCAT overturned Council's decision to refuse a retrospective permit for an applicant who had allowed the equivalent of 40,000 truckloads of fill to be used on their Coldstream property without prior approval.
Having undertaken these significant earthworks without a permit, the applicant sought a retrospective permit from Council.
Council refused this retrospective permit application in October 2024, and the applicant appealed the matter to VCAT.
Yarra Ranges Mayor, Richard Higgins, said Council was now appealing the VCAT decision to the Supreme Court.
"Our position remains that the earthworks represent an inappropriate use of the land," he said.
"They are not associated with the agricultural activities conducted on the site, and appear to have been undertaken for the purpose of fill disposal.
"We have serious concerns about the potential impact of these works, including water contamination, loss of agricultural land, soil degradation and impact on the environment, all as a direct result of these works.
"We believe that VCAT allowing these works weakens the intent of Green Wedge protections right across Victoria,
"We have lodged an application to appeal the VCAT decision with the Supreme Court, on the basis that there are questions of law arising from that decision.
"If successful, we are seeking to have the matter remitted back to VCAT for reconsideration by a different member."
The appeal follows Council's recent success at VCAT, where a decision to refuse large-scale earthworks and fill in the Lysterfield area near Monbulk Creek was upheld by VCAT in June.
"We respect and value the important role VCAT plays in deciding planning matters but, in this case, we believe there has been an error in how the planning law principles have been applied. We are resolute in our position on this matter and have a responsibility to our community to pursue it," Cr Higgins said.
