The state tribunal has overturned Casey Council’s decision to grant a permit to a controversial Hindu temple in a green wedge zone.
The temple application was endorsed by Holt MP Cassandra Fernando, who stated in a support letter to Casey Council that establishing a place of worship and meditation centre would be welcomed by the Hindu community in the electorate, and across Casey.
The Victorian Civil and Administrative Tribunal (VCAT) ruled on 25 September that the rural site at 104 Browns Road in Cranbourne South was unsuitable for a place of worship.
Shri Ram Janaki Charitable Trust Melbourne has proposed to change the land use from a residential lot to a Hindu temple and meditation centre.
The proposed Hindu temple operates between 9am and 1pm, and 5pm and 9pm daily with a maximum number of worshippers attending the site varying between
5-50 patrons at different times of the day.
Casey Council had initially issued a permit in September 2024, but neighbouring residents, led by Neil Peters and Craig Bradley, challenged the move and brought the council to VCAT.
They argued that the site at the green wedge zone does not have the “locational attributes” for a place of worship as it is not located within an urban or township area or near the principal transport network.
They also claimed that the place of worship is incompatible with agricultural or conservation uses and does not protect the amenity of the existing dwellings.
In her ruling, tribunal member Cassandra Rea agreed that the Browns Road site lacked the locational attributes for a place of worship.
She noted the property sits south of the urban growth boundary, is isolated from public transport, and lies within a semi-rural landscape largely defined by equestrian and hobby farming uses.
“I find from a locational point of view that the lack of access to public transport is another indicator that the site is not a suitable location for this use, which seeks to have 50 patrons at any one time at particular times of the day. There may be locations within the green wedge areas that may have better access to township facilities or public transport,” she stated in her ruling.
“Unlike other green wedge localities, this location does not already have a presence of non-agricultural or uses with a social, educational or recreational focus in the immediate neighbourhood…
“I am not persuaded that the proposed place of worship will impact the existing agricultural uses on nearby sites in any meaningful way.”
In terms of other aspects of the application, while expert evidence suggested noise from temple activities could be managed, the tribunal found other shortcomings in the application, including unclear information about the use of the dwelling and wastewater treatment.
VCAT acknowledged the rapid growth of the Hindu community in Casey and the potential cultural benefits of a new temple, but concluded the proposal would not deliver “net community benefit” on the site in question.
The decision set aside Casey Council’s approval, meaning no permit will be granted.
Over the past few years, the green wedge community down in Casey South has seen quite a few planning applications for temples and accompanying religious events at their doorsteps.
Locals have formed several community groups to oppose the applications in front of VCAT.
About two months ago, VCAT rejected a $4.5 million Hindu Temple proposal in Pearcedale’s green wedge zone.
