Flowerdale woman Olivia Wang has won a Victorian Civil and Administrative Tribunal complaint against Murrindindi Shire Council.

Ms Wang, of 35 Long Gully Rd, Flowerdale, had her appeal heard by VCAT Senior Member Rachel Naylor.

Ms Wang asked for a fifth extension for a permit for dwelling, carport and shed, citing the 2009 bushfires as a factor.

Murrindindi Shire had refused the permit, but Ms Naylor set aside the Council’s decision.

The Tribunal has set down that the development is to be commenced prior to July 29, 2021.

Ms Naylor heard that the site, on the north side of Long Gully Rd, contains a small shed and scattered vegetation.

The original permit was issued as part of the gast-tracked bushfire recovery process.

Four extyensions of time have been previously granted, extending the commencement of the permit from July 29, 2011, to July 29, 2019.

Ms Wang bought the site in April 2014 and has been the receipient of the last two extensions of time.

The Murrindindi Council officer made a report that said: “The extension should be refused as it is inappropriate development and it is unlikely that effluent disposal would be able to be contained within the curtilage of the land.

“The permit has been valid for almost 10 years and no action has been taken towards commencing development.”

Ms Naylor said that it is understandable that the Council formed the decision to refuse the permit, particularly as the reason given for the extension was “due to two young children and a new job in the city”.

“It appears Ms Wang was unaware that a permit extension is effectively a privilege to be granted/given as opposed to an expectation or right”.

Ms Naylor said that the information before the Tribunal was different to the information that was before the Council when it determined to refuse the extension request.

Murrindindi Council submitted to the Tribunal that Ms Wang had not sought or obtained a planning permit.

“This is incorrect,” said the Tribunal member. “Ms Wang explained and provided documentation that she applied for a building permit for the shed in 2018. It was refused because she did not also apply for the dwelling at the same time,” Ms Naylor said.

“Ms Wang explained she sought Council advice after this permit extension was refused as to whether there were other options available to her to developing the land.

“She was advised about the permit application process, so she has lodged a new planning application.

“Prior to Christmas 2019, the parties advised (at the Tribunal’s request) that updated plans have been provided to the Council in response to the latest further information request in regard to this new permit application.

“The Council advises these plans “are in the process of being reviewed to allow the application to progress to advertising and referrals”,” Ms Naylor said.

Ms Naylor said this was not a typical permit.

“The Council tabed extracts from the internet of ‘for sale’ documentation relating to the site, inclusing a sign on the site.

“I appreciate there is an understandable concern from the Council that Ms Wang is merely trying to maximise the return on the site.

“Ms Wang explained there have been family pressures about icncome expenditure and the likelihood of making a return on undertaking the development … I am not persuaded warehousing is occurring,” Ms Naylor said.