A man fined for dumping soil on his Plumpton property without a permit has had his request to appeal the conviction dismissed for a second time by the Supreme Court.
Melton council charged Mendo Kitanovski and his brother in June, 2014, alleging that in 2013 and 2014 their Plumpton property was “used for the purpose of the deposit of soil and other related materials” without a planning permit.
The brothers were found guilty on 18 charges in the Sunshine Magistrates Court in April, 2015 and fined $27,000.
Mendo Kitanovski appealed the charges to the County Court and in October, 2015, Judge James Montgomery dismissed 12 of the charges, found him guilty of six and reduced the fine to $10,000.
Two months later, Kitanovski applied to have an appeal heard in the Supreme Court. His application was dismissed.
A second request for appeal was also dismissed earlier this month. Judges Emilios Kyrou and Stephen McLeish said Kitanovski’s arguments for why the conviction should be quashed “had no real prospect of success”.
At an earlier hearing the court heard while Kitanovski did not dispute he was the owner of the land and that soil was dumped on the property, he argued that the planning scheme did not “expressly” prohibit the use of “depositing soil or other related materials” without a planning permit.
