An application for a 60 unit development at the former Sunvale Primary School site, which has been found to be contaminated, has been rejected by the Victorian Civil and Administrative Tribunal.
Brimbank council had dismissed the original application on the grounds it needed an environment audit due to concerns with affects to human health.
Star Weekly revealed last month that groundwater at the site is contaminated with cancer causing chemicals.
While the layout and design of the central accessway was the proposal’s “key failing”, VCAT members found on September 11 an audit “remains a matter that will need to be addressed as part of any future proposal for the land”.
“Historically, a number of previous heavy industrial sites with potential to cause groundwater contamination were located within 500 metres of the site.”
VCAT members also found the Environment Protection Authority should have been involved in the hearing much earlier.
“It would have been of assistance if the EPA participated in the proceeding, and had made its views known at an earlier time than the last hearing day,” it found.
“Ideally, this would have occurred well ahead of the hearing, so that parties and their experts could have been in a position to address theses.
“How it came to be that the EPA was not aware of the proceeding until the week prior to the haring, as stated in its letter, is not clear.”