VCAT overturns Horsham council's refusal for Dooen Road service station application

In an emotion-charged May 2023 council meeting, the Horsham Rural City Council unanimously voted against an application by Spectrum Retail Group to build a service station on Dooen Road.

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On Friday, October 27, VCAT granted the permit application, stating the business could benefit the community.

Respondent John McKee, whose property neighboured the site, was devastated by the finding.

"Obviously I, as many of you out there, will be gutted by this outcome," he said in a statement.

"But we all did our best and that's all you can do."

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Acting chief executive Kevin O'Brien said the Horsham Rural City Council was disappointed with VCAT's decision.

"We note that unfortunately the tribunal has also not accepted council's request if its decision was set aside to limit the hours of operation finding 'that there will not be unreasonable amenity impact on surrounding residents given the location is already affected acoustically by traffic noise at night'," Mr O'Brien said.

"The tribunal has included a range of conditions, including acoustic barriers, reduction in signage height, traffic management and landscaping.

"The decision, while disappointing for some neighbouring residents, has provided a transparent and independent process for all parties."

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Council voted 4-3 against the application, "on the ground that it does not comply with the planning scheme provisions.." a decision that was met with enthusiastic applause from the gallery.

There were also 55 public objections to the proposal which cited traffic congestion concerns, 24-hour trade as well as the impact of noise, light and odours.

However VCAT decided that a service station in a residential zone was appropriate, particularly where it had good access to transport network and provided a benefit to the community.

It also found the proposal will "not significantly impact the current level of congestion and safety that prevails on the surrounding road network" and that the 'additional traffic movements onto the road network will most likely occur outside of the peak times, when there is more than adequate capacity to accommodate additional vehicle movements".