Both the Victorian Civil and Administrative Tribunal and the Supreme Court have reaffirmed a Wyndham council decision to refuse a permit to establish a place of worship in Little River.
In July 2016, the Datta Yoga Centre Australia applied for a permit to use and develop land at 33-49 McLeans Road – which is located in a Green Wedge Zone – for a place of worship, including an outbuilding to be used for yoga and the construction of an 18-vehicle carpark.
The council refused the permit on the basis that it was contrary to several clauses in the Wyndham Planning Scheme.
The yoga centre sought a review of the council’s refusal at VCAT last September, but was unsuccessful.
VCAT stated that developing the proposed place of worship would be “unduly intensive” for the Little River location.
The yoga centre took its fight to the Supreme Court last month, where Justice Greg Garde denied the centre permission to appeal the VCAT decision.
Justice Garde said there was “no proposed ground of appeal for which there is a real or substantial argument to be put that error on a question of law exists”.
