Cr Kate Roper has led an overwhelming rejection of a retrospective Pearcedale contractor’s depot, with both councillors who initially moved and seconded its approval ultimately backing her alternative motion.
Mornington Peninsula Shire councillors rejected a planning officer recommendation to approve the Pearcedale contractor’s depot at 1905 Dandenong-Hastings Road following a lengthy debate over commercial use in the Green Wedge.
The approval recommendation was initially moved by Cr David Gill and seconded by Cr Paul Pingiaro.
But by the end of the debate, both had joined Roper in supporting her alternative motion, which was carried 9-1, with Cr Andrea Allen the sole councillor voting against it.
Roper Leads Green Wedge Opposition
Roper had called Planning Permit Application P25/0145 in for a decision by Council.
The retrospective application attracted 18 objections, including concerns about Green Wedge compatibility, amenity, ecology, the Western Port Biosphere, groundwater contamination, traffic noise and safety.
Roper argued the issue went beyond a single contractor’s depot.
“Our Green Wedge is being chipped away bit by bit by inappropriate uses such as this one,” she told councillors.
She questioned whether the commercial operation was compatible with the agricultural, environmental and landscape purposes of the Green Wedge, while also raising concerns about noise, previous activity on the property and future compliance.
Her argument would prove influential.
Gill Reconsiders After Roper’s Argument
Gill, who had initially moved the officer recommendation to approve the application, openly credited Roper with changing his thinking.
“I’m swayed by Councillor Roper’s debate and arguments,” Gill said.
He said Roper had effectively “drawn a line” for him and challenged the repeated suggestion that councillors should avoid refusing Green Wedge applications because of the possibility of a VCAT appeal.
“You’re either worried about the Green Wedge and you act on that, or you’re not worried about it,” Gill said.
Gill ultimately voted against the recommendation he had initially moved and backed Roper’s alternative.
Retrospective Depot Already Operating
The application sought approval for an existing civil works contractor’s depot occupying about 5,300 square metres, or 13 per cent, of the 4.08-hectare property.
It proposed up to 10 commercial vehicles, increasing to 15 during Christmas and Easter, equipment storage and operating hours from 7am to 4pm Monday to Friday.
No new buildings or vegetation removal were proposed as part of the application.
During debate, Gill said the applicant had advised councillors the current depot operation began in 2023.
Council’s report also confirmed soil had been moved or deposited elsewhere on the property, outside the depot area, with those matters subject to separate investigations involving the Shire’s Planning Compliance team and the Environment Protection Authority.
Officers Recommended Approval
Shire planning officers considered the proposal acceptable.
A contractor’s depot is not prohibited in the Green Wedge Zone and can be considered as a Section 2 use requiring a planning permit.
Officers acknowledged the Green Wedge Management Plan does not support industrial or commercial-type uses but argued the limited footprint, permit conditions and proposed restoration of the remaining land supported approval.
Several councillors disagreed.
Cr Michael Stephens warned against approving commercial activity simply because part of a Green Wedge property was not currently being farmed.
“Planning decisions don’t happen in isolation,” Stephens said.
Cr Max Patton described the proposal as effectively a commercial vehicle yard and warned against Green Wedge land becoming a cheaper substitute for industrial areas.
“Policy erodes by accumulation. It erodes 5,300 square metres at a time,” Patton said.
VCAT Risk Fails To Stop Rejection
Pingiaro, who had seconded the original approval recommendation, said he did not like the application or the fact the operation had commenced before receiving planning approval.
However, he told councillors they had been advised Council’s prospects of successfully defending a refusal at VCAT were around 15 to 30 per cent.
“I’m really not that prepared to gamble with ratepayers’ money,” Pingiaro said.
Despite raising those risks, Pingiaro ultimately joined Gill and seven other councillors in backing Roper’s alternative motion.
The officer-recommended permit would have restricted vehicle numbers and operating hours, prohibited servicing and fuelling commercial vehicles on the property, and required substantial restoration and revegetation works.
For the majority of councillors, those conditions were not enough.
Roper’s Alternative Wins 9-1
After the officer recommendation was defeated, Roper moved the alternative motion, seconded by Stephens.
Roper, Stephens, Gill, Pingiaro, Cr Cam Williams, Cr Bruce Ranken, Cr Patrick Binyon, Cr Max Patton and Mayor Stephen Batty voted in favour. Cr Andrea Allen voted against.
The shift in the chamber was significant.
Both councillors who began the debate moving and seconding the approval recommendation ended it backing Roper instead.
Before the final vote, Roper summed up her position:
“This bit by bit destruction of our Green Wedge, it shouldn’t be allowed.”
Nine councillors agreed.
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