FLOOD waters are unlikely to pose a risk to a controversial home planned to be built beside Port Fairy’s Moyne River, a planning court has heard.
A legal battle over Port Fairy’s most disputed block at 107 Gipps Street had its first day in the Victorian Civil and Administrative Tribunal (VCAT) yesterday.
Applicant John Mugavin acquired the land freely in 2012 through an adverse possession claim, leading to anger from some locals who had long regarded the popular fishing spot as public land. Moyne Shire councillors refused to issue a permit for the site following a 100-strong protest in January.
Mr Mugavin lodged an appeal against the decision to the state’s top planning court, VCAT, which met at the Warrnambool Law Courts yesterday.
Counsel for Mr Mugavin, Jason Kane, said neither Wannon Water, Glenelg Hopkins Catchment Management Auth-ority nor consultants from Water Technology had objected to the plans.
Barristers representing Moyne Shire focused heavily on zoning and heritage issues. The hearing continues on Monday.