An Indigo Valley property operating as an adhoc service station that the council took to VCAT is now the subject of a planning permit.
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PC Freight Services wants to amend an existing planning permit application, allowing for the installation of a 75,000 litre above-ground fuel cube.
Planning and statutory manager Rebecca Mouy wrote in her report to the council that a planning permit was granted in 2016 for a transport contractor's depot at the Indigo Creek Road property.
"In 2019, it was brought to council's attention that a fuel cube had been placed on the site without prior planning approval," she said.
"The fuel cube exhibited signage which was also non-complaint ... and suggested that the use of the fuel cube was operating as a service station by virtue of promoting the facility as being accessible to the public on a 24 hours, seven-day-a-week basis."
Council resolved in 2019 an enforcement order to remove the fuel cube would be lodged.
"Following an application being made to VCAT in accordance with this determination, the owner requested that the proceedings be adjourned to enable an application to be lodged and determined by council prior to the matter being further considered by VCAT," Ms Mouy said.
Objections have been raised to the renewed planning permit, for a cube 12.19 metres long and 2.89 metres high, but have not been included in the agenda for Tuesday night's meeting.
Ms Mouy said since enforcement proceedings began, the signage had been removed.
"The applicant has advised that the 'fuel cell is only to be accessed by vehicles with the approved use of the site'," she said. "Council has previously supported the establishment and operation of a contractors transport depot on this site.
"Provided that the fuel cube is utilised only for the refilling of vehicles associated with the operator, then it is considered that the development is ancillary to the use of the depot and can be supported subject to additional conditions being included on the permit."
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The council sought advice from the EPA and the amended permit conditions included that a new site be developed "with a concrete pad and bunding infrastructure to the required standard".
A letter to council from EDM Group on behalf of the applicant stated the fuel cell "was previously installed on site by Refuelling Solutions".
"At that time such use of the site could be characterised as a 'service station'," they said.
"Council has been advised on a number of occasions that that Refuelling Solutions ceased such use in July, 2019, and withdrew its interest in operating the site."
