INDIGO Shire councillors unanimously opposed the proposed development of a 24/7 service station and truck stop at the intersection of Federation Way and the Murray Valley Highway in Rutherglen at council’s first meeting for the year on Tuesday night.

One councillor Scott Landells had to leave the chamber while discussions took place due to a conflict of interest for his involvement in the Save Lake Moodemere campaign relating to planning permit prior to his running for council.

Developers last year took the application out of council’s hands taking it to the Victorian Civil and Administrative Tribunal (VCAT).

The application for a planning permit had been submitted by Outlook Property Services P/L on behalf of BE Judd P/L and TFB Wine Investment P/L.

Lawyers represented council, the developers and a local incorporated group set up to fight the proposal – Friends of Lake Moodemere, at a preliminary hearing on 16 January this year.

Director of planning and corporate services, Greg Pinkerton, said had council been given the opportunity before the developer took the permit application out if its hands, council would have refused to grant a planning permit.

Mr Pinkerton said among a number of issues, the proposed development had not adequately considered the flood and environmental risk to the site as required by clauses in the Indigo planning scheme.

In a question asked if council evaluated the risks to the waterways leading directly to Lake Moodemere and Sunday Creek and to the water supply to the vineyards of many of the key wineries of Rutherglen, Mr Pinkerton said the question went to the heart of council’s decision.

“Council's planning team hasn't been able to complete that risk assessment, and that is a primary reason for recommending to council tonight that the application would have been refused if council had been given a chance,” he said.

Mayor Sophie Price said council was never going to be the decision-making authority in this instance as the applicant took council off to VCAT for failure to determine such a complex application in such a short time frame.

Cr Price said there is a strong case for refusal on the grounds the shire planners had listed.

She said council has two roles – as the planning authority and as community representatives.

“VCAT should take into account the cumulative effect of many community concerns raised such as environment, road safety and amenity concerns raised by councillors," she said.

Cr Price said council had visited the site a number of times to assess the development.

“For all of the reasons that have been made clear to us by the community, it should be so strongly refused,” she said.

Cr Price said she was baffled by the idea of a service station on the corner a dangerous section of the road.

Councillor Diane Shepheard said more than 100 submissions had been received opposing the development.

She said the planning document conclusion says the proposal does not result in net community benefit, should be refused and summed up community concerns.

“Our planning department says the proposal raises a number of issues, including suitability in the farming zone, environmental issues including vegetation removal and impact on fauna, road safety issues, impacts on businesses in the area, including surrounding wineries, impacts on water quality in Lake Moodemere and flow on impacts to irrigation water, flooding and overland flows, and amenity for the local residents,” she said.

“A number of people have said that in their submissions.”

Cr Shepheard said $5.13 million (funded by the federal government) had just been spent on a cycle loop around the heritage winery area.

“We have declared that area important for tourism and this [the proposal] does not fit into our tourism strategy in that space,” she said.

“One of the most important things that everybody has said including the planning department, councillors and all submissions is to maintain the quality of water within the Black Dog Creek catchment to prevent buildings and works from impeding flows of water.

“This is right on the edge of a very important vulnerable waterway with a lot of vulnerable species.

“It's important that we look at all those other aspects as well as the environmental issues even though it's out of our hands.”

Cr Roberta Horne had grave concerns around potential road safety and traffic issues generated by the proposal while deputy mayor Jane Dowsley said she was deeply concerned about the development’s impact on the visual amenity of the area.

“Rutherglen is known for its world class wineries, culinary excellence, gold rush history, beautiful environment, events and outdoor activities,” Cr Dowsley said.

She said a service station on the subject land would result in a detrimental change to the character of the site and surrounding properties and should be refused by VCAT.

Friends of Lake Moodemere member Robyn Pfeiffer said she was pleased to have council’s unanimous support in opposing the development.

Councillors have spoken passionately recognising the community does not want this development to go ahead and have listened with unanimous support.

“Council had to consult with so many statutory bodies,” she said.

The next VCAT hearing with lawyers is scheduled from 17 to 20 March.