Council vote against change to race club land status

By Colin MacGillivray

MITCHELL Shire Council has denied Kilmore Racing Club’s request to remove municipal reserve status from land on Kilmore’s East Street, resulting in a stalemate between the groups.

The land is part of a larger 2.2-hectare block owned by the club that has been the subject of scrutiny since club leaders applied to rezone it from public use to general residential last year.

The block is opposite Kilmore Racecourse and Recreation Reserve and has been used for overflow parking by the club on race days and other events at the reserve, but club leaders argued it was now surplus to requirements and sought to rezone it – potentially paving the way for its future sale.

In July an independent planning panel recommended the block not be rezoned until council completed more work to define the future direction of Kilmore’s equine precinct.

Kilmore Racing Club, KRC, subsequently applied to remove the municipal reserve status covering the land at the block’s southern end, but councillors last month voted to retain it despite a recommendation from council officers the status be removed.

The land was gifted to the now-defunct Shire of Kilmore by private citizens in the 1980s, but council quickly transferred it to the racecourse trustees for the token amount of $1. The trustees subsequently sold the block to the racing club, also for $1.

Some members of the public, including Kilmore and District Residents and Ratepayers Association, KADRRA, argued the land was donated with a proviso that it remain for public use, but lawyers engaged by Kilmore Racing Club established the club’s lawful ownership of the land.

Councillors weigh in

While councillors acknowledged the club owned the land, Cr Nathan Clark expressed hope the club would transfer it back to council ownership.

“Forty-odd years ago the land was transferred for $1 from the council to the trustees, and then 20 years after that transferred to the racing club, again for $1,” he said.

“Now there might be an opportunity for that to be returned back to the community, and it would be nice to see it come back for $1.

“We might find as part of the planning work that is done for the equine district that it might retain this zoning and it might retain all the overlays that are on it.”

Cr Bill Chisholm said he believed Cr Clark’s wish was ‘pretty optimistic’ but said there was value in retaining open space in a rapidly growing area.

“Kilmore is expected to grow to 20,000 people, and having some vacant land and a bit of free play in the system can create some good outcomes down the line,” he said.

Cr Louise Bannister said it would be inappropriate to make any changes before the strategic work to define Kilmore’s equine precinct recommended by the independent planning panel was complete.

“The area in question was reviewed by an independent panel and it was recommended that further work be done. Clear strategic direction for the area is paramount,” she said.

“We need to ensure we’re confident … before we make any further decisions so the community is also confident with council and the way we’re moving forward.”

‘Hiding to nothing’

Cr David Lowe argued in favour of lifting the reserve status, noting that council officers had stated council had no use for the land.

He said council would be fighting an uphill battle if it sought to reacquire the land from the racing club.

“I think we are treading down very dangerous waters here,” he said.

“We do not own this land. We have had an interest in it in the past, and that interest has changed many times over the years, but currently we cannot prove any ownership of this land for the community.

“Therefore, frankly, I think we’re on a bit of a hiding to nothing on this one.

“It’s not our land, and trying to specify that a commercial third party operate it for the benefit of the community is a very difficult boat to row.”

Council voted not to remove the reserve status, with only Cr Lowe and Cr Bob Cornish objecting.

Club responds

Kilmore Racing Club chief executive Ben Murphy said the club was disappointed by the decision.

He said while council used the planning panel’s report to justify its decision, it had ignored other aspects of the panel’s advice.

“Council chose to divest the property close to 40 years ago and has subsequently not identified a purpose or requirement for this land,” he said.

“The application to remove the reserve status of the land was a direct response to and is supported by the recent report of the independent [planning panel] that stated, ‘a separate future process to remove the current reserve lot designation should ideally be pursued as soon as practicable.’”

“Councillors refused to approve the planning application for reserve status removal, despite the recommendation of Planning Panels Victoria and a council officer’s report received by councillors that directly supported the reserve status removal.

“Tellingly, the application for removal required referral to internal council departments, none of who objected.”

Mr Murphy said he was ‘baffled’ at Cr Clark’s suggestion that council could reacquire the land for $1.

“Despite KRC having no contact with Mitchell Shire to discuss the future of this site, despite the Kilmore Structure Plan not identifying any strategic intent for this land, councillors spoke of KRC hopefully selling the land to the council for $1, as well as allowing infill and development to occur around the site and this land being retained for parkland,” he said.

“Mitchell Shire do not own this land and have not approached KRC regarding this land. These sorts of conversations are premature and inappropriate considering the land is held in private ownership.

“The community is entitled to ask questions as to why [councillors] are operating outside the planning framework and ignoring the professional advice that they are provided by their own staff.

“Despite the council disposing of this land 40 years ago they appear to have seller’s remorse and a case of being bitten by the green-eyed monster.”