A proposal to build a house only 100 metres away from an existing broiler farm in Emerald has been rejected by the Victorian Civil and Administrative Tribunal (VCAT).
The Tribunal upheld an earlier Cardinia Shire Council decision to reject an amendment to an existing planning permit for a single storey dwelling at 18 Bottomley Drive.
VCAT member Frank Dawson said in his report the applicant Maria Lewis had originally received approval to build the house on the eastern side of the site on a steep slope 229 metres from the broiler farm.
However, she then decided she wanted to relocate the build site to a more central position on higher ground, where the terrain is less steep and the bushfire risk is less because it was further from surrounding trees, Mr Dawson said.
“In this context, the permit applicant’s desire to seek a less challenging site is understandable,” Mr Dawson said in the VCAT hearing on 25 August.
Broiler farmer Mark Dell’Oglio was an objector at the VCAT hearing, with Mr Dawson’s report stating that Dell’Oglio’s lawyer revealed Dell’Oglio had always been concerned about new primarily residential use dwellings unreasonably encroaching on his broiler farm and threatening his business and income.
According to the report, the lawyer said Mr Dell’Oglio was concerned building the house closer to his broiler sheds could lead to the potential closure of his farm business.
In the end, Mr Dawson agreed.
“I find the proximity to the broiler farm exposes future occupants to a loss of amenity due to noise, and to a lesser degree odour, that may compromise the continuity of the broiler farm,” Mr Dawson said.
