A proposed dwelling with “uncertain” access to a main road in bushfire-prone Bangholme has been rejected by VCAT.
Ruven Nominees Pty Ltd sought the permit for a 14-hectare land-locked block, which sits behind 180 Pillars Road in the Green Wedge Zone.
Greater Dandenong Council had earlier refused a permit.
It ruled a dwelling was prohibited due to its proposed “access arrangements” not complying with Green Wedge Zone requirements.
On appeal to VCAT, Ruven claimed an 80-year “licence” for a “right of access” to and from Pillars Road on adjoining South East Water-owned land to the east.
However, the council argued the right of access was required to be permanent.
VCAT member Dalia Cook on 28 March stated the licence “appears to go some way” to providing road access, but it needed to be “ongoing”.
The licence provided “insufficient certainty” that access would be available at “all times the land is used for a dwelling”, Ms Cook stated.
“Significantly, South East Water has not given the licensee any assurance that all-weather road access suitable for emergency vehicles will be available at all or any time.
“The consequences of uncertainty about this access are potentially very significant — both in a functional and safety sense — especially given the distance from the nearest roadway and the fact the land is within a nominated Bushfire Prone Area.”
The licence was also able to be terminated by South East Water, Ms Cook noted.
A “more secure, ongoing” legal entitlement to access was required, such as possibly an easement.
