An industrial landowner says he’s been unfairly targeted by Greater Dandenong Council after being ordered to clean up his storage yard in Springvale.
Last month, Tom Jenkins was ordered by VCAT to clean up and cease using the site at 26A Westall Road as an unauthorised truck depot and dumping ground.
Jenkins says the order – which was sought by Greater Dandenong – took him by surprise, claiming he had no previous issues with the council.
“If I was running a depot from 2007-’23, why hasn’t the council done anything to evict me or taken legal action against me earlier?”
The property, dissected by high-voltage transmission towers, is sandwiched between homes and major industries such as a concrete batching plant and VicTrack property.
According to the VCAT report, adjoining residents complained of noise, dust, tall grass and vermin.
But Jenkins argues “this land has been industrial long before the houses were here”.
He told the Journal he’s being picked on as the “little guy” compared to the neighbouring industrial giants responsible for much of the noise and dust.
Jenkins has been on the site for more than 15 years, with a long-standing permit to store second-hand building supplies in two warehouses. The permit expired in 2022.
He says he sought a new permit – including a hardstand gravel area for trucks and caravans to park.
He claims the council at first stated that if he wanted a hardstand, they’d support him.
“Then they said we can’t decide, we’ll go to VCAT and they can decide for us.
“I’ve picked a use that’s harmonious to the surrounding areas and respects the residents. What better use could I choose?”
VCAT member Dalia Cook stated that the two approved warehouses were never built, which put Jenkins in breach of the original permit. It also meant supplies were stored out in the open.
She found there had been numerous unauthorised uses, including as a truck depot, materials recycling business, transfer station and skip bin depot – which Jenkins denies.
Ms Cook found the site’s shipping container storage was lawful.
Jenkins also denies Greater Dandenong’s claims at VCAT that he was burying waste such as broken bricks.
He says the piles of broken bricks, sand and gravel were intended to create the hardstand. Now under the VCAT order, the piles have to be removed.
Soil tests also contradict the council’s claim that the site was contaminated, he says.
VCAT backed Jenkins in this regard, rejecting the council’s argument for decontaminating the soil.
However, Ms Cook took into account council-supplied videos of trucks dumping waste including furniture, wood, broken bricks, plaster, broken glass and household waste. There was evidence of earthworks to bury the waste, she said.
Jenkins blamed unauthorized operators for dumping waste, Ms Cook noted.
“In fact, Mr Jenkins was frustrated that these unauthorized operators were not prosecuted by Council.”
Ms Cook ordered Jenkins to remove vehicles, machinery/equipment, goods or waste as well as some of the shipping containers by 17 October.
Until granted a new permit, he was not to recommence using the site for the following: “Refuse disposal/junkyard, Store (including vehicle/skip bin store), Warehouse, Industry, Depot (of any kind), Trade supplies.”
By 2 February, he had to remove all broken bricks, gravel, rock and concrete unless granted a planning permit to create a hardstand.
