By Callum Ludwig
A decision has been reached in the VCAT case between Wandin Park Estate and Yarra Ranges Council.
VCAT members Alison Slattery and Phil West ultimately ruled in favour of Wandin Park Estate, paving the way for amended plans to be passed.
William Anker, the son of John Anker who owned Wandin Park Estate and was the applicant in the case, said they will now be just getting everything ticked off and up to scratch to have the venue up and running as it should have been 12 months to two years ago.
“It’s been an extremely painful process to be honest, there’s been a lot of stress and heartache, a lot of money, I think we’re probably up to about $450,000 we’ve spent on legal fees and consultants in the past 12-18 months,” he said.
“It’s just a ridiculous process we had to go this way, it’s disappointing that we can’t have a round table meeting with the council in person and try and discuss these things,”
“I could fill a town hall I reckon with the amount of people that are frustrated with them, we can’t communicate with them properly, there’s no face to face meetings, like this decision, when they knocked us back on the planning permit, it was made without them even doing a site visit.”
Yarra Ranges Council were contacted for comment.
Wandin Park Estate has hosted equestrian and other events since 1981 and weddings since 2016 and VCAT member Dalia Cook previously clarifying the existing use rights of the venue as a function centre, this hearing weighed up the amenity impact on the landscape of new buildings such as the marquee and kitchen, light spill concerns, noise impact of site use and liquor sale and any traffic and parking issues. Wandin Park Estate engaged experts to provide evidence in this regard while an inspection of the site with all parties present was conducted. The experts were Andrew Partos of Hansen Partnership (Landscape Evidence), Darren Tardio of Enfield Acoustics (Acoustic evidence) and Deborah Donald of O’Brien Traffic (Traffic and parking evidence).
Council argued the application was ‘inconsistent with the existing and preferred landscape qualities, character, aesthetics and amenity of the site and surrounding area’ and did demonstrate that amenity would not be ‘further damaged’ by the use of the site as proposed. A Neighbouring property owner Richard Kean, whose residence is approximately 685 metres to the southwest of the marquee site, also held concerns about the ‘sale and consumption of liquor in addition to the existing uses on site, given the noise, impacts on landscape, visual bulk and light spill that might ensue.’
In the decision, Ms Slattery and Mr West said they do not believe that the built form proposed will detract from the character of the area.
“We find that the extent of the built form is reasonable and allows for landscaping to soften its impact. The siting of built form and setback from the Victoria Road frontage allows for canopy trees and lower order planting to soften the appearance of the building,” the decision reads.
“We agree with Mr Partos from Hansen Partnership that the views to the marquee are most readily available from Victoria Road at the entrance to the site, and are limited in that the distance to the view point is greater than 400 metres,”
“Further, we are satisfied that the views from Mr Kean’s property at the frontage will provide some views to the marquee. However, we note that from within the dwelling, which is set well back into the site, views have not been demonstrated as being unreasonable.”
At night, the lighting in the marquee and kitchen area during a function is still visible but the view from most residences exposed to the light will be small.
The acoustic impact of the marquee’s use, with Enfield’s evidence, including actual field measurements, was considered next.
Ms Slattery and Mr West said they are satisfied that Mr Tardio’s recommendation of a music noise limiting device set up and the Venue and Patron Management Plan (‘VMP’) will enable the music noise levels to be controlled to the determined Noise Protocol noise limits.
“Enfield conducted a series of measurements at several locations close by to the proposed venue site during December 2023 and March 2024. Testing was undertaken when music was being played at the marquee (December 2023) as well as targeted testing using pink noise without music (March 2024),” the decision reads.
“The results indicated that the music noise was audible but not measurable in Ross and Gruyere Roads, whilst music noise was measured at 45-47 dB(A) Leq near residences in Victoria Road. The music noise levels in Victoria Road where at or exceeded the music noise limit of 45 dB(A) Leq.”
In order to meet a reasonable music noise level with the marquee of 91 dB(A), Enfield recommended Wandin Park Estate could install a permanent in-house sound system with a software loclable noise limiter that would ensure users couldn’t raise the volume, and that DJ’s and performers be not permitted to use any amplification devices other than the in-house system.
In his statement, Mr Kean said whilst the daylight activities generally have limited impact on local residents, they have incurred some inconvenience from traffic, music and pedestrian noise during the day and night.
“This ranges from the sounds of dawn hot air balloon filling, general loud speaker announcements and music-particularly early morning music blasting from the event organisers as they set up for events,” he said.
“We have never, ever complained about any of the activities and inconveniences experienced until now. On balance we believe Wandin Park does a good job and we have been willing to put up with the inconvenience we get,”
“Our greatest concern with the marquee has been the level of noise we have experienced. The music is loud, clearly penetrating our house till late at night. Based on our actual experience to date, the plan to use the marquee 3 days a week will create considerable disturbance for not only us but many locals, at a level well beyond that expected to be reasonably tolerated in a rural area.”
The main concerns for traffic and parking were to come from traffic and parking impacts on local roads and potential road noise within the venue car park. O’Brien Traffic observed traffic and parking movements at 140-person wedding held in the marquee and a 75-person wedding held in the Woolshed on another section of the property.
O’Brien’s only recommendation for the carpark plan was to amend it so that the proposed dead-end aisles are connected to a roadway at both ends and for a southern exit to be included to help prevent reversing traffic in parking aisles. O’Briend also recommended that the Council ‘undertake a review of the layout and signage’ of four intersections in the vicinity of Wandin Park Estate to address safety concerns due to layout issues and ‘substandard’ signage and line marking.
Ms Slattery and Mr West said they are satisfied that the inclusion of the requirements within the Venue Management Plan (VMP) to be enshrined via permit condition will serve to limit any other unreasonable impacts on the amenity of the surrounding area.
“The VMP also includes positive requirements for procedures to manage noise, patron behaviour, and car parking which we find will similarly limit unreasonable impacts on surrounding properties,” the decision reads.
“For the reasons given above, the decision of the responsible authority is set aside. A permit is granted subject to conditions.”
