A Hoppers Crossing concreter does not require a planning permit to park a truck in his driveway, the Victorian Civil and Administrative Tribunal has found.
The tribunal last month heard that Wyndham council had received complaints about the truck – a small-medium tipper with a single rear axle – being parked in the driveway of the concreter’s residence.
Complaints related to issues including the truck’s appearance and noise from reversing beepers.
Wyndham council had determined that a planning permit was required for the concreter, Emanuel Spiteri, “to use the site for a car park in association with an existing dwelling”.
However after hearing submissions, VCAT member Michael Nelthorpe ruled against the council.
Mr Nelthorpe said that for all intents and purposes, the truck was Mr Spiteri’s commuter vehicle.
“He uses it to get to his place of work each day and home again,” Mr Nelthorpe said.
He disagreed with the council’s assertion that the truck was part of Mr Spiteri’s home business.
“Mr Spiteri does not conduct his business from home,” Mr Nelthorpe said.
“He conducts it at the houses of the people for whom he pours driveways and paths.
“It does not matter that the business is registered to his address.
“That is simply an administrative matter.”
