Broomfield car yard found in breach of Hepburn Shire Council planning permit

A Central Victorian couple stored nearly three times the number of vehicles in their car yard than was allowed by a council planning permit, VCAT has found.

A Broomfield car yard's owners have been ordered by VCAT to provide Hepburn Shire Council with more documentation and to reduce the number of vehicles at their property.

The owners of a car yard north of Creswick must rid their property of nearly 100 vehicles within two months after they were found in contravention of a planning permit issued more than two years ago.

Barry and Maureen Coward own 258 Wrigleys Rd in Broomfield, for which Hepburn Shire Council issued a permit in May 2022 allowing materials recycling and the building of a shed.

However, the council asked that further plans be provided within 120 days of the permit’s issue – and as of a VCAT hearing in May this year, it was yet to receive them.

Additionally, no more than 50 vehicles were supposed to be stored on the site, but according to VCAT documents, the council alleged there were at least 147 vehicles present.

Hepburn Shire took the Cowards to VCAT to get the further plans and to have the number of vehicles stored at their property reduced.

258 Wrigleys Rd in Broomfield.

The Cowards’ son Chris, representing his parents, told VCAT senior member Philip Martin that they had slid the plans under the front door of a council office.

They did not concede the vehicle quantity planning condition was breached, but nor did they “actively deny” the claim that more than 50 vehicles were in fact on the property.

The Cowards questioned VCAT’s authority and whether the council’s planning laws were inconsistent with Commonwealth law.

They put forward that as freehold property owners, they were not in need of a permit.

But Mr Martin found VCAT did have the authority to deal with the dispute, and that the Cowards were in breach of their conditions.

Cars could be seen across the property from Wrigleys Rd.

He said he was satisfied 147 vehicles were on the land, calling it a “major breach” of permit conditions.

Mr Martin ordered on June 5 that copies of the updated plans – which the Owners do have – be given to the council within 30 days and that the number of vehicles on the property be brought into compliance within 60 days.

He said he had no discretion to deal with a question raised by the Cowards about authorities’ conduct at a March 2024 site inspection, which would have to be looked at by a different body.