MORNINGTON Peninsula Shire has been told to follow its own planning regulations or change them to allow higher-density housing in rural zones in a hearing at the Victorian Civil and Administrative Tribunal.
VCAT member Sylvia Mainwaring stated there was confusion over what was acceptable development in the green wedge zone and that the peninsula was losing prime agricultural land to housing and hobby farmers.
In a decision that has wide implications for small holdings in the green wedge zone, Dr Mainwaring refused an appeal by Mark and Melinda Brown to build a house on a two-hectare block in Tuerong. The shire had failed to make a decision within the required time of 60 days but told the hearing it would grant the application.
Dr Mainwaring stated that approval ran contrary to the shire's green wedge regulations.
"If the shire wished to make it possible for people with small lots within the green wedge zone to develop these dwellings ... then it is my view they [the shire] need to make it clear by way of an amendment to the planning scheme," Dr Mainwaring stated.
She found Mr and Mrs Brown's ambition to graze a few cattle on the land did not qualify as rural industry. "It is my conclusion that the prime purpose of the application is for a dwelling and that the farming activity is secondary," she stated.
"It is my view that the proposed use represents a loss of valuable farmland. The permitting of dwellings on small lots within the [green wedge] zone will have a cumulative impact that will add up to a significant loss of agricultural land."
The Browns' block is one of 11 in the Coolart Rising estate, a former horse stud and agistment property bounded by Coolart and Stumpy Gully roads and bisected by Wonderland Avenue.
The estate was subdivided into 11 titles in 1922 but, until recently, had been held by one owner and operated as Basinghall Farm.
Basinghall Farm moved its operations to Nagambie in central Victoria when the property was sold to a consortium, which then sold the blocks under the Coolart Rising banner.
It is understood the shire may be considering up to 20 applications for housing on small blocks in the green wedge zone, including several others in the Coolart Rising estate, one of which is listed to be heard by the VCAT in June.
Shire planning manager Ray Webb said Dr Mainwaring's judgment would be taken into consideration in the drafting of the shire's green wedge management plan, a draft of which was expected in "about six months".
Also at issue in the appeal was a broiler farm opposite the proposed dwelling.
"The risk associated with the proximity to the broiler farm on the opposite side of Coolart Road is significant and sufficient of itself to warrant a refusal," Dr Mainwaring stated.
There are about 70 broiler farms on the peninsula.
The shire will soon find out whether it faces a Supreme Court battle over another controversial green wedge application, the expansion of operations at T'Gallant vineyard and cellar door in Main Ridge.
T'Gallant, which is owned by Foster's Group, has until next week to lodge an appeal in the Supreme Court, after losing its case at the VCAT last month. Councillors will be briefed on the T'Gallant issue at a closed meeting next Tuesday.
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