A mobile coffee cart proposed for Mount Dandenong Tourist Road in Sassafras has received planning approval after a decision by the Victorian Civil and Administrative Tribunal (VCAT) overturned the local council’s refusal.
The Yarra Ranges Shire Council had previously rejected the plan, arguing the cart conflicted with local planning policies that protect landscape character and guide activity centre development. The cart was proposed for a small commercial lot within the township.
The site falls under the Green Wedge A Zone (GWAZ1) and is covered by multiple planning overlays, including the Significant Landscape Overlay (SLO1) and the Specific Controls Overlay (SCO14). While GWAZ1 generally prohibits retail uses like takeaway food outlets, SCO14 allows certain exceptions if specific conditions are met.
The key issue in the case was whether the coffee cart, as a registered mobile vehicle, could be considered a “building” under the Planning and Environment Act 1987. The council claimed it was a temporary structure and should comply with strict bushfire safety standards.
However, the applicant, Carringbush Pty Ltd, pointed to past VCAT rulings—such as Unique Food Trucks Pty Ltd v Wyndham CC—where mobile food vehicles were not classified as buildings.
VCAT agreed, stating the cart is a moveable vehicle, not a building. As a result, building regulations concerning cladding and bushfire resistance did not apply.
The approval clears the way for the coffee cart to begin operating in the scenic township, offering visitors a new refreshment option along the popular tourist road.
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