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Plan washed up

By Tania Martin
A FERNY Creek restaurant developer has been served their marching orders.
The Shire of Yarra Ranges last Tuesday dropped a proposed planning scheme amendment, bringing a 10-year battle to an end.
The vacant 100-seat restaurant, at 261 Mt Dandenong Tourist Road, Ferny Creek, is in a green wedge zone so is prohibited from operating.
Nearby residents have been fighting the development for the past decade.
Objector Heather Michaels said it was fantastic to see the amendment overturned. But she said the residents would be holding their breath to see what happens. “We are pleased we have won this step, but will have to wait and see what’s next,” she said.
The restaurant was originally granted approval in 2000 following a Victorian Civil and Administrative Tribunal (VCAT) decision.
But it has been sitting dormant since construction was completed in 2005 because of State Government rezoning. The land was originally zoned rural living, but became green wedge when the State Government introduced its new planning legislation in 2004.
Under the green wedge legislation, restaurants are prohibited from operating.
In November last year the council agreed to call for a planning amendment to change the planning zone on the site to allow the restaurant to operate.
The proposal attracted 16 objections.
Councillors voted 8-1 againt the amendment. Cr Noel Cliff called for the amendment to be dumped.
“This has been going on for a long time,” Cr Cliff said. He said it was a simple case for the council as the current zoning prohibits a restaurant from operating in that area. “People don’t want it…we should just abandon it,” Cr Cliff said.
Cr Terry Avery disagreed and said the council was not an expert on the matter and it should be put to a panel.
But Cr Cliff said that’s what the council’s planning department is for – to advise councillors on the logistics of such matters. “To say we can’t give an independent assessment and judgement is wrong…if that’s the case we should not be here.”
The restaurant developer did not attend the meeting and could not be contacted by the Mail.

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