MITCHELL Shire Council had a win at the Victorian Civil and Administrative Tribunal, VCAT, with its decision to not grant a permit to subdivide land in Glenaroua affirmed.
Landowner Barrie Griffiths appealed council’s decision denying his permit application for a proposed multi-lot subdivision of seven lots into 15 at 360 The Bridle Track, Glenaroua.
The application also proposed removal of native vegetation with the construction of new roads requiring the removal of 15 trees to accommodate.
Council refused the application as it was concerned the proposal was inconsistent with Mitchell Planning Scheme, MPS, provisions and policies with respect to land within the farming zone; would lead to reduction in land agricultural productivity; would result in a proliferation of dwellings; and the vegetation removal is inconsistent with requirements of the MPS and in many cases unnecessary.
VCAT Tribunal’s Katherine Paterson heard the appeal in May.
Ms Paterson said MPS policies relating to the subdivision of agricultural land were extensive but sought to avoid the permanent removal of productive agricultural land and the construction of new dwellings outside existing townships.
She refused to grant a permit and said it was inconsistent with the purposes of farming zones; the applied planning policies; would reduce agricultural capability on the site and within the area; and would lead to a proliferation of dwellings.
“I find that the proposed subdivision is contrary to the planning policy outcomes sought for this location and may only be supported if the proposal does not result in a loss of productive agricultural land or results in an environmental benefit for the site,” she said.
“While the tribunal accepts the evidence that especially during the dry years the farm is sub-commercial and requires some diversification to make it a commercial operation, I find that the land does not need to be subdivided to enable this to occur.
“I find that the fragmentation of the land into 15 lots, each with the potential to contain a dwelling, will have an adverse impact on the agricultural productivity of the land and will limit the ability of the land to be a commercially viable farm, and is likely to exacerbate problems that currently exist on the site such as weeds.”
Prior to a decision being made by council, the application was referred to the Department of Environment, Land, Water and Planning as a determining referral authority, who did not object to the proposal.
