Able Demolitions & Excavations Pty Ltd v Yarra Ranges Shire Council

Able Demolitions & Excavations Pty Ltd appealed against a decision of the Victorian Civil and Administrative Tribunal (VCAT) which dismissed their application for a permit to operate a sanitary and garbage storage and treatment facility in a greenfields site. The Yarra Ranges Shire Council opposed the application on the basis that the site was too close to a residential area and that the lease for the site was not at arm's length. The primary judge held that there was no evidence to support the Tribunal's finding that the site was too close to a residential area and that there was an error in requiring that the lease be at arm's length. The primary judge allowed the appeal and remitted the matter to VCAT for re-hearing.

The primary legal issue was whether the Tribunal was correct in finding that the site was too close to a residential area and whether it was correct in requiring that the lease be at arm's length. The secondary legal issue was whether the primary judge was correct in allowing the appeal and remitting the matter to VCAT for re-hearing.

The primary judge held that there was no evidence to support the Tribunal's finding that the site was too close to a residential area. The primary judge held that the Tribunal had failed to properly consider the evidence and had not provided reasons for its finding. The primary judge also held that there was an error in requiring that the lease be at arm's length. The primary judge held that the requirement for the lease to be at arm's length was not a relevant consideration in the assessment of the application. The primary judge allowed the appeal and remitted the matter to VCAT for re-hearing. The primary judge held that the Tribunal should have considered the evidence properly and should not have required that the lease be at arm's length.

The court held that the primary judge was correct in allowing the appeal and remitting the matter to VCAT for re-hearing. The court held that the Tribunal had not properly considered the evidence and had not provided reasons for its finding that the site was too close to a residential area. The court also held that the requirement for the lease to be at arm's length was not a relevant consideration in the assessment of the application. The court held that the primary judge was correct in allowing the appeal and remitting the matter to VCAT for re-hearing.