The Victorian Civil and Administrative Tribunal, VCAT, has decided in favour of the Kilmore Racing Club regarding the future of the land opposite the racecourse in East Street Kilmore.
The hearing before VCAT member Joel Templar was held over two days in February this year with the order being handed down on April 2.
Initially, Mitchell Shire Council had refused a permit for the racing club to have the land rezoned from reserve status to special use.
In his report, Mr Templar described the case as “unusual” adding that while the land was zoned Public Use, it was actually in private ownership – and had been for the past 40 years.
“Any notion that the land is earmarked for public open space (in its true sense) is unsupported by any material or evidence identifying such a specific outcome for the site for such a purpose, Mr Templar said.
“The strategic intent for the site as future public open space is broad, at best and countered by other designations.”
Mr Templar added that Mitchell Shire Council’s decision was contrary to the recommendation of its planning officers, as well as all of its internal departments that provided input.
“I am persuaded by the submissions and the evidence of the applicant, as well as the unequivocal support of the council officers, including its strategic planning and recreation and open space departments. I have therefore found that a permit should be granted to remove the reservation status,” Mr Templar added.
Kilmore Racing Club CEO, Ben Murphy said that the club was pleased with the outcome of the hearing.
“Kilmore Racing Club followed the recommendations that came from the panel hearing convened regarding 15-35 East Street which recommend that the Club seek to have the reserve status removed on one parcel of the land holding, which we did,” Mr Murphy said.
“This application was supported by Council officers in their report to Council and while disappointed with the time it has taken to reach this decision we are pleased with the outcome,” he added.
However, Kilmore and District Residents and Ratepayers Association (KADRRA) was clearly not happy with the VCAT decision having actively opposed the rezoning over the years.
KADRRA President, Vyvienne Whitehurst, said that the group was disappointed with the VCAT decision.
“The statements made by Council officers in their report to Council were seized on by VCAT. We cannot see why Officer comments should have any status at all before VCAT. Yet the constant use of Officer comments by VCAT effectively makes Council officers more powerful than the Councillors,” Ms Whitehurst said.
However, a study of the VCAT terms of reference reveal that it is a requirement in VCAT hearings that a council must produce a full copy of the council report considered by council in making its decision.
Mitchell Shire Mayor, Louise Bannister, said that council acknowledged the VCAT decision but is disappointed with the outcome.
“Our stance is rooted in a commitment to the community’s welfare and sustainable development and was driven by key concerns,” Cr Bannister said.
She added that council is currently undertaking work on the future of the equine precinct as instructed via a previous hearing.
“Councillors are elected to represent the interests of our community and Council sometimes may take a position that, while considering staff advice, also reflects broader community values and visions for the future of Mitchell Shire,” Cr Bannister added.
