By Colin MacGillivray
PUBLIC debate about a parcel of land on Kilmore’s East Street has reignited ahead of Mitchell Shire Council’s meeting on Monday, with Kilmore Racing Club officials expressing disappointment at what they termed ‘mischief makers’ in the community.
The club has applied to remove a designation of ‘reserve for municipal purposes’ on land at East Street that forms part of a larger 2.2-hectare parcel in the club’s possession, along with the adjacent 15-35 East Street.
The club previously applied to rezone the entire parcel from public use to general residential – a move that could have paved the way for its eventual sale – but was knocked back by council after an independent planning panel found more work was needed to define the future of Kilmore’s equine precinct.
The land was gifted to the club for $1 by the trustees of the Kilmore Racecourse and Recreation Reserve, who in turn acquired it from the Shire of Kilmore – a precursor to Mitchell Shire Council – in 1984, also for $1.
The land was first transferred to the Shire of Kilmore in 1983 by residents Donald and Lorelei Stewart.
The block has been used primarily for overflow parking during large events at Kilmore Racecourse and Recreation Reserve, such as the Kilmore Cup and Kilmore Show, but the club said it was now excess to its requirements.
Council officers raised no objection to the club’s bid to rezone the land, but members of the Kilmore and District Residents and Ratepayers Association, KADRRA, protested that a condition of the land’s initial transfer to the Shire of Kilmore was that it remain a public reserve.
Kilmore Racing Club chief executive Ben Murphy said the club sought legal advice from law firm Maddocks that confirmed the land had been legally transferred at every stage.
He said the current application to remove the municipal status of the block was done with an eye to the club’s continued long-term aim of rezoning the entire 2.2-hectare parcel.
Mr Murphy said the findings of Planning Panels Victoria’s panel report supported the removal of the reserve status ‘as soon as practicable’.
“The proposal is in accordance with the Kilmore Structure Plan, which does not designate the area for municipal purposes,” he said.
“The club simply wants to deal with this matter on its merits and has followed the process expected of Mitchell Shire and the Mitchell Shire community.”
At a council community questions and hearings committee meeting last week, KADRRA president Vyvienne Whitehurst reiterated her belief the land belonged to the public and could not be legally owned by the club.
“As the racing club states, they have no further use for the land and they should in good conscience return it to the shire for community use, as was the original intent arranged with the Shire of Kilmore,” she said.
“The Kilmore Bowls Club would be happy to relocate to the reserve.”
Mr Murphy accused KADRRA of spreading misinformation to the public.
“We are particularly disappointed with some of the inaccurate statements contained within letter drops and online petitions from groups such as … KADRRA over the past three years,” he said.
“When asked to prove their statements they have not been able to provide any evidence or proof that confirms their propositions. It is extremely disappointing that a group that purports to represent ratepayers feels the need to make such baseless claims.”
At Monday’s hearing, councillors Nathan Clark and Rob Eldridge asked Mr Murphy if the club would consider transferring the land back to council ownership.
Mr Murphy said council officers had never indicated that council had any use for the land.
“Council officers indicated to us that the land … meets every criteria for good infill residential development,” he said.
“It has access to public transport, access to the racecourse, access to schools, the football club, the main street – everything council officers indicated to us is that this was perfect.
“We’re willing to go through the steps that council and the planning panel have asked us to undertake.
“If we’re going to shift direction and the council desires to acquire that land for the community’s benefit and wants to do something with it, then that dialogue can certainly commence with the racing club.”
Councillors will decide whether to remove the municipal reserve status of the land at next week’s ordinary meeting.
There have been quite a few cases where Land Use Victoria has transferred public open space/public reserves to Trustees, when the land should never have had a title or been able to be transferred. Those trustees then acquire rights over public land. This applies to some very large parks in Melbourne. If it is the case that a trustee who has acquired public land for no or next to no consideration can then remove the reserve status and sell/subdivide the land for residential use, then no public park in Victoria is safe from development. Your article fails to explain the implications. The race club were the trustees for the public. How can public land be transferred for $1 and then developed- by private individuals- for residential purposes?