A landowner has been ordered by VCAT to clean up and cease an unauthorized truck depot and dumping ground in Springvale.
VCAT member Dalia Cook granted Greater Dandenong Council an enforcement order, ruling there had been numerous unauthorized uses at 26A Westall Road in the past 15 years.
The industrial land is sandwiched between Newcomen Road, VicTrack property, a concrete batching plant and homes.
Ms Cook stated the site was substantively used as transport and skip bin depots without planning permission, with numerous trucks being stored on the land.
Up until early 2025, it was also used as a materials recycling business and transfer station, both of which were prohibited, Ms Cook found.
Videos showed trucks dumping waste including furniture, wood, broken bricks, plaster, broken glass and household waste. There was evidence of earthworks to bury the waste.
A long-standing permit to use the site for trade supplies, namely second-hand building materials, had expired in 2022.
But after the expiry, timber and brick piles were found stored on the land.
Two approved warehouses to store the supplies were never built – also putting it in breach of its permit, Ms Cook found.
However, the site’s shipping container storage was found to be lawful.
Ms Cook stated at least seven or eight skip bin operators, truck drivers, friends and collagues were given rights by the respondents Down Town Entertainment Pty Ltd to use parts of the sites.
Tom Jenkins of Downtown Entertainment blamed unauthorized operators for dumping waste, Ms Cook stated.
“In fact, Mr Jenkins was frustrated that these unauthorized operators were not prosecuted by Council.”
Greater Dandenong Council sought an order for the operators to cease using the site for a ‘store’, materials recycling, transfer station, industry, junkyard/refuse disposal and a contractors depot.
The council had been trying to bring the site into compliance since 2009, the member stated.
Ms Cook stated that the materials recycling and transfer station were prohibited uses on the site, and the store use lacked the required permit.
“Despite Mr Jenkins’ claims that an officer of Council permitted the use of the land before a permit was issued, there is no evidence of this claim.”
Ms Cook also found that there were numerous other non-compliances, such as breaching approved operating hours and breaking up materials onsite.
There was also impact on adjoining residents, who complained of noise, dust, tall grass and vermin.
United Energy was concerned about potential damage and access to its electricity assets on the site – including high-voltage transmission lines and substations.
Ms Cook said this was a significant reason behind issuing an enforcement order.
“It is entirely appropriate to require the respondents to ensure that all uses of the land must cease, noting there are no validly claimed existing use rights.”
Down Town Entertainment Pty Ltd and Tom Jenkins were ordered to cease all unauthorized uses and to restore parts of the land to “natural ground level”.
If it doesn’t comply, Greater Dandenong has the right to carry out the work itself and recover the cost from Down Town and Mr Jenkins.
