Operators fuming in petrol turf war

By Melissa Meehan
AN INDEPENDENT pet-rol station is caught between the big boys, with a multi-national petrol company trying to deny him freeway access.
Bruce Clough, who now buys his fuel from Shell, is being left landlocked through a lack of freeway access.
Known for having the cheapest fuel in town, the service station has been on the site since the 1920s and only lost access to the freeway when the Pakenham Bypass was built.
The operators and developers of four BP freeway service centres in Officer and Longwarry have launched a joint appeal against the Cardinia Shire and Vicroads decision to allow Bruce Clough direct freeway access from his Nar Nar Goon service station.
The Victorian Civil and Administrative Tribunal (VCAT) has accepted an application for a review of the council’s decision as the two companies, Longwarry Pty Ltd and Carwoode Pty Ltd, said they were not notified of the amendment when it was considered by the council in December last year.
The matter will be heard over four days from 23 August before a two-member tribunal.
VCAT tribunal deputy president granted leave for appeal after a preliminary hearing last month.
“In essence, Longwarry and Carwoode both say they have a substantial investment in their existing centres but they also have significant interest in the safe and efficient operation of the freeway,” she said.
“I find the applicants were not given effective notice of the application to amend the permit so they had no opportunity to lodge an objection with the council.
“I consider the council should have turned its mind to the fact these persons were likely to have an interest in the outcome, so they may be provided with an opportunity to ‘protect’ their interests.”
In documents obtained by the Gazette, the lawyer for Bruce Clough, Susan Brennan, said the amendment only wanted to reinstate the pre-existing access to the service station, which had been in place before the Pakenham Bypass was built – at a time before any of the other stations were built.
In other documents, project manager for the twin freeway service centres in Officer, Christos Andrianopoulos said “should access be granted from the Princess Freeway, I believe that the commercial viability of the Officer centres – in particular the one at 185 Rix Road, would be at risk”.
He said financial decisions about the size and facilities, valued at over $30 million for the two sites, were based on the knowledge that no other competing sites were proposed or approved in the vicinity.
Bruce Clough declined the opportunity to speak to the Gazette, citing legal issues.