Fine for private parking lot

A CONNEWARRE duo will have to pay thousands to the Surf Coast Shire Council after using a property to store more than eight vehicles without a planning permit.

The Victorian Civil and Administrative Tribunal (VCAT) ordered Jennifer Lee Ford and Mark Currie to pay council more than $6000 in costs and reimbursement fees following a verdict on Monday.

It comes after council lodged an enforcement order against the pair, alleging they used the Connewarre property at 40 Randles Road to store the vehicles, outside of a building, without approval.

VCAT senior member Jeanette Rickards said aerial photos showed more than 20 vehicles, including at least three trucks, were located at the site.

“I acknowledge that there are vehicles located on the subject land that are related to the occupation of a resident of the subject land, but vehicles in excess of at least eight are not,” Ms Rickards said.

“I determine therefore that there has been a breach of clause 32.03 of the Surf Coast Planning Scheme.”

Mr Currie said several vehicles located on the property were part of his hobby of restoring cars, and he did not work on the vehicles on the land.

Under the enforcement order, the pair will need to remove all vehicles by November 20, other than those used by a resident of the property.

Council said the vehicle issues have been ongoing since 2016, and it sent letters to Mr Currie in 2018 and 2019 relating to the breaches.

But Mr Currie said he was not aware of the letters as they were sent to a solicitor who no longer acts for him.

Ms Rickards said despite Mr Currie not being aware of the two letters, he knew of the issues “well prior to the correspondence”.

“Once advised of the situation, he should have taken steps to resolve the issue himself. I understand he has removed some vehicles and is prepared to remove more,” Ms Rickards said. “I consider costs in the amount of $4276 plus $1244 being the application fee and $518 being the hearing fee be paid by the respondents to the council.”

Council sought costs totalling $16,842, but Mr Currie strongly opposed the awarding of costs.