Viva Energy loses bid to block Lara development

An Australia energy giant has lost its bid to quash a subdivision in Geelong’s northern suburbs.

Viva Energy CEO Scott Wyatt at their Geelong refinery. Aaron Francis/The Australian

An Australian energy giant has lost its bid to quash a subdivision in Geelong’s northern suburbs.

Viva Energy applied to the Victorian Supreme Court in a bid to appeal a Victorian Civil and Administrative Tribunal ruling over a two-lot subdivision at Heales and McManus roads in Lara.

While Victorian Supreme Court Justice Jacinta Forbes granted the company the right to appeal, she then sided with the tribunal and dismissed it.

The property at the centre of the legal case sits across the road from the Lara LPG terminal on the same strip, with a pipeline running parallel to McManus Rd.

The company said it had “safety” concerns about the development’s proximity to the pipeline, despite Geelong council adjusting plans before approving the development.

According to Viva Energy’s lawyers, the proximity posted an “an unacceptable risk of future encroachment from inappropriate land use” and had the “the potential to adversely affect our ability to operate the site”.

It also accused the proposal of failing to “adequately respond to safety and pipeline operation matters” and questioned whether or not the tribunal had the jurisdiction to make its decision.

“The council’s decision granted the permit to subdivide, subject to the submission of modified plans that show a pipeline easement along the west boundary of the site required to be three metres from the edge of the gas pipeline for the extent of the pipeline,” Supreme Court Justice Forbes wrote.

“Viva’s application to the tribunal raised the same safety considerations as contained in the objection.”

Justice Forbes granted Viva the ability to appeal, but later ruled the tribunal had not erred in its decision-making.

“I am satisfied that it is appropriate to grant leave to appeal,” she said.

“An error in determining the matter to be beyond jurisdiction is clearly a legal question.”

Justice Forbes also said, as a third party objector to the development, Viva’s rights to object were “limited” by exemptions within the planning scheme.

Geelong council declined to comment when approached by the Geelong Advertiser.

Viva Energy did not respond to questions.

Originally published as Viva Energy loses bid to block Lara development