VCAT issued its decision regarding existing use rights and associated planning issues relating to McAdam Park on 13 December 2011. The decision can be accessed here.
There are three important issues arising from the decision.
Firstly, VCAT agreed to join the Barrabool Hills Community Association as an applicant in the proceedings, noting that all its members are “nearby landowners and residents most affected by, and opposed to, the expansion of motorcycling activity at McAdam Park”. The families of some of those members have owned land in Barrabool, close to McAdam Park, for more than 130 years. VCAT’s ruling that they have a legitimate interest in the dispute should put an end to the the obvious untruth being promulgated by some motorcycling interests that the only people opposing expansion of McAdam Park are new to the area (putting aside the fact that people who are new to the area also have a right to reasonable amenity in any case).
Secondly, Lots 1 and 2 of McAdam Park were ruled to have existing use rights and can be used for off-road motorcycling events and activities. However Lot 3 was ruled to have no existing use rights. As there is currently no relevant infrastructure on Lot 2 its use for motorcycling activity is likely to be limited. Any future development of Lot 2 will require a planning permit which will allow residents’ concerns about amenity impacts to be independently assessed at that time.
Thirdly, VCAT found that all of the following infrastructure is unlawful under the planning scheme and now must be subject to planning permit applications:
- toilet block renovation
- canteen
- clubrooms and clubroom extensions
- maintenance shed/pump house
- scrutineers shed
- buried shipping container
- storage shed/container
- land flyover bridge
- starters box
- bike wash down bays
- the bridge over the creek on Lot 2
- the learners’/childrens’ track
- the major upgrade to the western track extension
- significant earthworks to widen and build up the height of the track
- the significant earthworks incorporating the development of major jumps and obstacles including ‘table tops’, ski jumps’, ‘staircase jumps’ and the area known as the ‘whoops’
The last paragraph of the ruling (para 219) summarises these findings.
The planning permit process will provide an opportunity for residents’ concerns about the impact of development on amenity to be heard and for reasonable conditions to be placed on the use of infrastructure for which planning permits are required. The goal of residents has always been to ensure that activity does not intensify beyond what is reasonably tolerable by neighbours. Barrabool residents are satisfied that this requirement for planning permits now puts in place the framework for a planning process which will ensure appropriate controls are placed upon the operation of McAdam Park.
Surf Coast Shire has indicated that it expects Motorcycling Australia to proceed with planning permit applications promptly. Residents expect that these issues will be played out in VCAT during 2012.
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