Couple takes council to VCAT over farm zone home refusal

LODDON Shire Council has been taken to Victorian Administrative Appeals Tribunal by a Newbridge couple wanting to build a home on their farm.

Darren and Michelle Phinn will have their case heard by VCAT at a two-day hearing next month.

“We feel council has not made the right decision and we have made every attempt to try and answer all queries of us,” Mr Phinn said.

“We are farmers who bought a block in a farming zone. We just want to farm and live on the block to run the farm.”

Council last July knocked back the Phinn’s planning application, saying the proposal was contrary to state and local planning frameworks to protect agricultural land.

Refusal was also based on: z The use and development of a dwelling on a site less than 100 hectares is contrary to the purpose and decision guidelines of the farming zone. z The proposal would not support and enhance agricultural production and result in fragmentation of productive agricultural land. z The use and development of a dwelling on the land is not compatible with the adjoining uses in this area.

Shire statutory planning coordinator Louise Johnston told councillors at their monthly meeting on Tuesday: “The applicant has advised VCAT and all parties to the appeal that they wish to amend the application currently being considered at VCAT by substituting amended plans that essentially change the location of the dwelling, sheds and waste water disposal field to within the south western cor-

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ner of the site, approximately a further 600 metres south from where they were originally proposed.

“It is the officers’ view that the change in the location of the dwelling and associated buildings and works on the land does not address any of council’s grounds of refusal, therefore council should advise the tribunal that council’s position on the application does not change as a result of the amended plans.”

Councillors accepted Ms Johnston’s recommendation to rely on the original grounds for refusal.