Outcome of VACT Compulsory Conference

Our VCAT Compulsory Conference took place online through Zoom from 10.00 am to 1.00 pm on April 19. We had an independent Urban Planner representing us, while the MRSC was represented by a staff officer from the Planning Department.

This was more of a mediation type of meeting with a VCAT Member directing the two sides throughout, although they left a lot of time for us to discuss the issues between ourselves. As the Planning Department are adamant that this 10 acre parcel of land which has been zoned for farming, the only activity which can take place is a farming venture.

As 10 acres is not a viable size for anything other than intensive agriculture, it has remained unused for many years as MRSC refuse to allow a house to be built on the land. Any intensive agriculture such as raising goats or chicken farming requires a high degree of supervision, only obtainable with resident owner/farmers. It seems that the MRSC does not consider any horticultural activity such as creating a garden to be agricultural. This despite an expert witness, a local agronomist, who wrote a letter supporting the idea of a garden as being a wholly suitable use of this particular property.

We were directed by the Member to make some adjustment to our plans and resubmit them to the Planning Department, after which both sides were to meet and discuss the resubmission, with the goal of finding some common ground and coming to an agreement. Accordingly, we made some changes to our plans and proposals for Mark’s Country Place and submitted them within 3 days of the VCAT meeting.

We have since had a reply from the Planning Department saying that as they do not believe the Council will reconsider their stance on the change of use permit, there is no point in meeting. Therefore, we will go to a full 2 day formal VCAT hearing on 14 and 15 July.

This is a blow, not least as VCAT hearings are expensive and the money spent on VCAT and the reports that the Planning Department demanded, is money that should by rights be spent on developing the charity and creating the garden.

As we have nothing further to report at this time, we will re post again with the results of the VCAT Hearing after July 15.

Thank you to all our loyal supporters and friends who constantly encourage us. Your continued interest in MCP means a lot to us.

Comments

Barbara Blake ~ May 9, 2022

That is such bad luck, its so annoying, you have spent so much time on this project :what can be done with that block of land, when it was such a good idea

Barbara Humphreys ~ May 9, 2022

Oh, so frustrating!

Could you get around it by adjusting some horses?

A horse shelter is not a house… 😊

sscolvin ~ May 10, 2022

In reply to: Oh, so frustrating! Could you get around it by adjusting some horses? A horse shelter is not a house… 😊

Unfortunately, nothing is ever as straightforward as it seems. Under the regulations in Victoria, any livestock owner renting land for agistment of their animals is responsible for repair, replacement or maintenance of the fencing. The fencing on this particular property is very old and mostly beyond repair. In the end, whatever alternative land uses we may come up with, none of them will fulfill our plans for an all access garden focusing on people with disabilities. Based upon the expert advice we have been given, there is no financially viable agricultural use for this 10 acre block of land without the ability to build a residence on it.

Tony Cavedon ~ May 11, 2022

Keep up the good work