But Greenchip Recycling owner Terry Corrigan is not convinced the saga is over, and has criticised the council for wasting thousands in ratepayers’ funds on legal proceedings.

The council this month unexpectedly sought to strike out an application for an enforcement order against Greenchip after chasing it for two years, telling the tribunal it wanted to give Greenchip time to explore upgrade options instead.

VCAT approved the motion but refused to grant the council’s second request: an express right to reinstate legal action in the future.

VCAT member Dalia Cook said while the council could still take action if it chose, there was “a strong interest in providing as much finality as possible”.

It comes a month after VCAT found in favour of Greenchip in a separate matter, where VCAT members disagreed with the council’s argument that proposed new works at Greenchip were not permit-compliant and would lead to further odour issues.

The council would not respond to questions from The Border Mail as to why it had decided to strike out the application just a month after arguing against works on the site.

Instead, it provided a written statement: “Since 2013, the council and Environment Protection Authority have worked closely on a range of enforcement and planning matters involving Greenchip, resulting in a number of changes to the site’s facilities, operations and licence requirements.

“As reported at the council’s April 2015 ordinary meeting, indications are that the combined efforts of both council and EPA in ensuring complaints of offensive odours, predominantly alleging Greenchip as the source, appears to be yielding results ... Accordingly, at council’s request, and by agreement with Greenchip, the application to VCAT for enforcement orders has been withdrawn.

“Council will, therefore, continue to monitor and gauge levels of offensive odours in the area, and will recommence legal action if and as necessary, to ensure that this improvement is sustained. Council will also continue to encourage Greenchip to upgrade the facilities on site to reduce the risk of offensive odour.”

Mr Corrigan was relieved the legal action that had hung over his head since 2013 was now resolved, but questioned the council’s sincerity on “encouraging him”, given the roadblocks in the past.

He believed the council withdrew its application because previous VCAT cases, such as the April hearing, found in his favour, with no evidence works would increase odours.

Greenchip has been the subject of ongoing odour complaints since at least 2008, largely from residents at the Killara housing estates.

Wodonga councillors are on record as deciding in 2012 to look at options to withdraw Greenchip’s planning permit, sparking the 2013 application.

The plant and the council had faced off more than three times at VCAT since then, for different matters largely relating to permit applications Mr Corrigan says were geared toward upgrading the site to reduce odour concerns and improve its long-term sustainability.