By Tyler Wright
The decision to refuse a proposal for landfill to be ‘dumped’ at a site in the Lysterfield Valley has been taken to VCAT.
In October 2023, Yarra Ranges Council refused a permit or the use of land for fill disposal (innominate use), alter access to a road in Transport Zone 2, earthworks and associated vegetation removal at 465 Lysterfield Road, claiming the proposal does not ’adequately protect’ the receiving waterway, Monbulk Creek.
It also posits the proposal is contrary to Clause 51.03, the purpose of the Green Wedge Zone, the Significant Landscape Overlay, the Land Subject to Inundation Overlay and the planning policy framework, and will result in the ’destruction of vegetation’ contrary to Clause 52.17, Clause 51.03, the Significant Landscape Overlay and the planning policy framework.
The refusal document also claimed the propose did not ’recognise, protect and conserve green wedge land for its agricultural, environmental, historic, landscape, recreational and tourism opportunities’.
The land, listed in the Victorian Heritage Database by National Trust, is owned by Salesian Society Inc, and is currently home to the Don Bosco Retreat Centre.
Friends of Glenfern Green Wedge spokeswoman Johanna Selleck said people were “shocked“ the works would be so visible from their houses in Upwey and surrounds.
“It’ll be highly visible from all the surrounding viewpoints and roads,“ Ms Selleck said.
Don Bosco Retreat Centre director Father Shane Reade said the plan is to build a scenic lake with a “few rocks“ on the site.
“We’re going to roll the top soil back, fill the valley up with with the certified soil; It’ll be legally required and up to speed and then we just roll the top soil back across that, so it’ll be as it was except it’ll be a higher piece of land, it won’t be a valley so to speak,“ Fr Reade said.
“It’s a good site, there’s a lot of people, a lot of schools lot of parishes, has a great reputation and people love its location so they won’t be doing anything turns of dismantling…we will try and do our best to make it renovated and up to speed and make it as attractive as we can.“
Fr Reade said there was “no intention“ of changing the landscape.
“All we want to do is fill the valley up, roll the top soil over, have a little nice landscape lake or small lake, not a big one, just a small lake, and this does make a very artistic and also compatible and complementary to the landscape,“ he said.
“The biggest hurdle is getting the permit and allaying the fears of the locals to say that we’re going to do a crazy job; we’re not doing a crazy job…[it] should be a very proud compliment to the area for what we’re doing.“
Fr Reade also said works would not take place near Monbulk Creek.
“We’re aware of that and we’re working with the council to put in the new local natural trees along the creek… we understand there’s a platypus population and the first recorded platypus is from the Monbulk Creek; we know all that so we’re really respectful of that environment,“ he said.
“It’s about trust really trusting us to comply with the standards and the agreements and what’s expected of us, it’s about trusting us to cooperate and we’re doing that very much.
“There’s no capital gain at all from all this. It’s about offering our side for a continued meditation yoga group, and obviously we’re getting paid for the soil and that finance will be going back into renovating and keeping this place up to speed.“
An application to review Yarra Ranges Council’s decision was submitted to VCAT by ESG Lysterfield Pty Ltd in December 2023, arguing that the council’s grounds of refusal on the basis that the proposed ‘innominate’ clean fill disposal use is ‘refuse disposal, nested under industry and prohibited in the Green Wedge Zone’ was incorrect.
“The proposed use of the land for land fill disposal is an innominate use and thus requires a permit under Section 2 of the Table of Uses to the Green Wedge Zone,” the applicant’s document read.
“Even if it were to be defined as refuse disposal (which is disputed), the use is not prohibited but is a Section 2 Use in the Table of Uses to the Green Wedge Zone.
According to the document, the land use of land for land fill disposal is “temporary” and will “not affect the on-going existing use of the land for a religious retreat and college”.
“The proposal will not result in stormwater runoff impacts that are detrimental to the environmental values, biodiversity or amenity of the area,” the document said.
“The proposal will not have a detrimental impact on the Monbulk Creek or any platypus population.
“Dust, noise or odour arising from the Proposal (if any) will be managed via sustainable site management practices including a site management plan.”
The application also said the proposal would not result in soil degredation, the contamination of the land or the introduction of weed species and would protect and conserve biodiversity values within the surrounds.
It said the proposal would not have unacceptable traffic impacts on the surrounding area.
