This application was for:

“the construction of two, three-storey buildings for 66 dwellings at 200 Stephen Street, Yarraville” and it

went to VCAT on developer appeal 16 April 2010 - the determination (17 June 2010) is probably highly relevant to the proximity of the Former Port Phillip Woollen Mill Site to the Mobil Tanks at Point Gellibrand.

The development is described as medium density and involved buildings containing 66 apartments which is much smaller than the former Woollen Mill proposed development with 400+ dwellings.  As the matter was considered by Maribyrnong Council (see The Age article below which we listed in our news in December 2009 and have now elevated in the SW NEWS blog) and was not called in by the minister, a number of organisations were able to go to VCAT to provide evidence as to why the development should not be allowed and VCAT agreed with them and refused the application.

Industry needs buffer zones which mean that the quality of life of residents are not impinged upon with poorly located heavy industry.  If industry is there first then residential developers need to respect the rights of industry.  This decision by VCAT is a message for the developers of the Former Port Phillip Woollen Mill Site and Minister Madden.

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VCAT/2010/678.html?stem=0&synonyms=0&query=%5Esandbar

1. Reason for the determination (Summary)
   

2. “.....
   

3. 1. This is an application in respect of a permit application for the construction of two, three-storey buildings for 66 dwellings at 200 Stephen Street, Yarraville. The debate in relation to the application is unusual, different to that which ordinarily surrounds a proposed medium density residential development. There is no real debate about design standards or in more conventional terms the site responsiveness of the proposed development. Rather, the issue to be decided is whether or not the land is suited to a medium density development having regard to its location proximate to Mobil’s[1] Yarraville Terminal, a bulk fuel storage and distribution facility[2].
   

4. 2. This issue was debated before us on the basis of planning scheme provisions and more particularly the local planning policy framework, and on the basis of the orderly planning for the precinct[3].
   

5. 3. We had regard to:
   

6. •Planning policy, in particular the Clause 22.02-3 Francis Street: Mixed Use Zone Policy 3;
   

7. •The EPA policy AQ2/86 Recommended Buffer Distances for Industrial Residual Air Emission and the concept of a reverse buffer, and;
   

8. •Approaches to orderly planning for risk.
   

9. We conclude that all of these considerations suggest that there should be a buffer between new or more intensive residential development and a Major Hazard Facility such as the Yarraville Terminal. On this basis we decide that no permit should be granted.
   

10. .........”
    

See also Article in The Age by Jason Dowling

23rd December 2009

“MARIBYRNONG council is opposing a large apartment block development in Yarraville because it is dangerously close to the Mobil fuel terminal.

The council's general manager of sustainable development, John Luppino, said the Mobil terminal was recognised as a ''major hazard facility''.

Developers are hoping to build the apartment development on a Stephen Street site adjacent to the terminal that stores millions of litres of petrol.

Mr Luppino said the development was too close to the terminal.

''The proposed residential development is within the recommended buffer distance from Mobil Yarraville Terminal, which is a registered major hazard facility,'' Mr Luppino said.......

..... Mr Bailey said the proposed development was within 300 metres of the terminal and 300 metres was the designated buffer zone for residential developments.

He said it did not matter that there was other housing close to the terminal.

''The terminal has been there for a long time and there has been residential areas close to the terminal, but what you are talking about is - is it appropriate to add to that residential density through a development like this,'' he said.

......Proponents have requested that Mobil release its ''safety case'' for the Yarraville site.

http://www.theage.com.au/national/council-to-block-new-apartments-20091222-lbqt.html