THE Victorian Civil and Administrative Tribunal (VCAT) has ruled for the removal of four shipping containers, a sign, and other building works at a commercial laundry located at 195 Mt Buller Road, Mansfield, which Mansfield Shire Council said had been established without proper planning permits as the business expanded.

Council said the additional structures erected without permits raised concerns as they did not align with the planning controls of the Mansfield Planning Scheme.

Owners of AJs Laundry, Andrew and Juliet Jurrjens, said the sign referred to in council's media release about the decision was there for 30 years before the laundry and used by other businesses.

“A permit is not required for signage on the road, as acknowledged by VCAT, however council put it in the last permit despite our objections,” they said.

“Council did agree before the hearing to drop that from the compliance, and council could choose to amend the permit, but chose not to and is going back on its word at the pre-hearing conference.”

In the reasons for its decision, VCAT acknowledged that “the alpine approaches are considered important within Mansfield Shire as areas that provide residents and visitors with a pleasant entry experience to the shire and contribute to the amenity of the area”.

Mayor Cr Steve Rabie said that this was at the heart of the issue.

“We recognise that this business was expanding and providing more services to our community, and that’s a great thing,” he said.

“The issue in this case was that structures were added without a permit, and they did not respect the township’s character.

“We take compliance with the Mansfield Planning Scheme seriously, especially at the alpine approaches.

“When we became aware of these added structures, we engaged with the operators and sought to help them understand the requirements and comply, and we regret that the matter has ultimately needed a VCAT order.”

In response, Mr and Mrs Jurrjens said that as stated in the VCAT McDonald’s case, there is no real consistent theme to the approaches of Mansfield and denied the veracity of council’s statement that they tried several times to attempt to engage with them.

“There are many such structures, such as at the Dairy, along Mt Buller Road,” they said.

“We did engage with the previous coordinator of planning, and he said he would get back to us and then he left council as many staff have done, without leaving instructions to anyone else.

“After he didn’t get back to us, we called council and were told he didn’t work there anymore, and they had no record of it.

“We believe this is due to the high turnover of staff at council.”

Council’s general manager infrastructure & planning, Melissa Crane said that ratepayers’ money had been saved by the decision to present to VCAT with council’s own planning staff rather than by hiring external lawyers.

“We’ve been steadily building up capacity in our planning team over a few years now, and this is one of the ways it benefits our ratepayers,” she said.

“We’ve also cut down the average time it takes to process a permit application to 42 days in 2023, helping applicants to get on with the improvements they want to make.”

Mayor Rabie reiterated council’s planning support for the community.

“Whether you’re a business owner, resident or developer, if you’re considering changes to your property we really encourage you to approach our planning team for support and guidance,” he said.

The Jurrjens said they tried to do just that and the whole process has had a significant impact on their health.

“We definitely did try to engage,” they said.

“It is upsetting to read this misrepresentation of the facts.

“This is going to have a significant impact on the tourism industry as we will have to lose approximately 25 per cent of our capacity impacting approximately 100 customers.”

A representative of one of the largest holiday rental companies in the region, who requested anonymity for fear of council reprisal, said they would have had serious challenges running their business without the support of the laundry.

“We wish AJs every success in finding a commercially viable premises where they can continue to flourish and grow, rather than be restricted by an inconsistent approach to planning and supporting the regions allied industries,” the business representative said.

“A council demanding a commercial business through VCAT to landscape their commercially zoned land, for the benefit of the "Alpine Approach" is simply absurd.

“What's next?

“Demanding businesses on Deadhorse Lane landscape their front yards?”

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