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VCAT Decision

Posted on February 6, 2012 by Leave a comment

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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Documents Obtained via Freedom of Information Requests

Posted on March 28, 2011 by Leave a comment

After significant efforts by the BRPG, three important documents have been obtained through Freedom of Information Requests:

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BRPG in the Press

Posted on January 24, 2010 by Leave a comment

The BRPG continues to raise awareness by funding advertisements in local media. See the latest features here (opens in new window).

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Subscribe to BRPG Website Updates

Posted on January 17, 2010 by Leave a comment

Subscription functionality has been restored to the BRPG website – see the Subscribe page to join the list!

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BRPG meets with Surf Coast Shire

Posted on January 8, 2010 by Leave a comment

BRPG representatives had a positive and constructive meeting with the mayor and senior officers of the Surf Coast Shire just prior to Christmas. A report of the meeting is available here.

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Media Release 25 November 2009

Posted on November 25, 2009 by Leave a comment

The Barrabool Rural Protection Group (BRPG) today welcomed last night’s City of Greater Geelong decision to halt funding to the McAdam Park project and investigate the future of motor cycling sports within the municipality and adjoining locations.

The McAdam Park project was described as “a mess” by several councillors including Cr Jan Farrell, who moved the resolution. She said that any due diligence into the project done by Council officers had not been shared with Councillors and there was no current business plan for the ongoing use of McAdam Park. Noting that Motorcycling Australia was not willing to give Council title to one of the McAdam Park blocks as security for it’s funding, she asked how Council could protect ratepayers’ interests in the project.

Cr Stretch Kontelj noted that it was clear that the conditions associated with the previous resolution to provide funding could not be met and that “we need to start again”.

Cr Bruce Harwood foreshadowed an alternative resolution for the City of Greater Geelong to provide a $660,000 interest free ratepayer loan to Motorcycling Australia, with the loan secured by a first mortgage in favour of Council and with directors of Motorcycling Australia providing personal guarantees of repayment. Cr Andrew Katos reminded councillors that the City of Greater Geelong is “not a bank” and Cr John Doull noted that “the timing should be ours” and that Council should not be “put over a barrel” in relation to its funding for the project but should receive written advice with options, as proposed by Cr Farrell.

With the success of Cr Farrell’s motion, Cr Harwood’s motion did not proceed.

BRPG spokesperson Paul Morgan said, “The McAdam Park project has been like a juggernaut which won the support of three governments without proper assessment of its costs and risks to the community.” Mr Morgan continued to question the governance processes which had led to the allocation of large amounts of public funding to the project. “Motorcycling Australia was to be given $2 million in state and local government funds to buy a $3 million block of prime rural land. There is no current business plan and Councillors have recognised that it is unclear whether the economics of the project actually stack up”.

Barrabool resident Heather Wellington said that if it had proceeded with the allocation of funds, Council had risked breaching multiple provisions in the Local Government Act which “are designed to protect ratepayers from imprudent decisions about the allocation of their monies”. “We congratulate Council for saying ‘enough is enough’ and putting in place some proper processes of review. We continue to question what due diligence the State Government and the Surf Coast Shire undertook and what conditions they have put on their funding for this project”.

Both Cr Farrell and Cr Barbara Abley expressed their disappointment that residents of Barrabool had not been consulted about the project and suggested that the City of Greater Geelong and Surf Coast Shire had a duty of care to hear residents’ views. Mayor Mitchell confirmed that he had committed to involving residents in ongoing discussions. Mr Morgan and Dr Wellington said that the BRPG was “happy to work with Council and Motorcycling Australia to find a sustainable solution to support motorcycling in Geelong, but the allocation of funding to the McAdam Park project is not the best way to do that”.

For further enquiries please contact the BRPG on 03 4201 0270.

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Update

Posted on November 18, 2009 by Leave a comment

The Barrabool Rural Protection Group has been very busy over the past two months. A comprehensive update of our work and progress can be dowloaded here.

We have also published multiple advertisements in the local press. We hope to ensure that both politicians and the wider community are aware of the issues we are facing.

Finally, thankyou to the many people from local and surrounding areas who have been sympathetic to our cause, and who have offered their support. We continue to fight for our voice to be heard.

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Update

Posted on September 29, 2009 by Leave a comment

The BRPG has been busy unearthing various documents of interest.

One interesting article relates to the McAdam Park land sale. This document was recently removed from the SMCC website without explanation. It contains the following pertinent quote:

…having a noisy motorbike track next door is a sure way of turning off buyers. The owners do not want to sell us our one block before the others sell, but there is a catch, the other blocks may not sell as long as there is a motorbike track next door to them….we do not want newly created neighbours right next door to us because we all know how neighbours and motorbikes go together, Not!

BRPG has also obtained a copy of the Application for Rezoning from the Surf Coast Shire (large document, may take a while to download). We have been advised that the application has been deferred for 60 days from approximately 17 September to allow for community consultation, and that it is likely to change. To the best of our knowledge, however, this is the current application. Highly debatable claims include:

The amendment will have a net environmental benefit.

….An independent economic analysis by Stratcorp Consulting indicates that the current levels of use bring $1.750M to the local economy each year. This impact is expected to greatly increase with the consolidation and expansion of the facility.

Other items of interest include a short poem by Heather Wellington, a copy of the Public Presentation used for the public meeting at the Barrabool Cricket Club Clubrooms, 7PM on the 14th of September, and some information about Eugene von Guerard’s iconic painting of Geelong from the Barrabool Hills.

Additionally, we now have a page that lists important contact details for parties of interest. Have Your Say!.

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Group welcomes McAdam Park deferral

Posted on September 19, 2009 by Leave a comment

Media Release
19 September 2009

The Barrabool Rural Protection Group today welcomed the news that both Motorcycling Australia and the Surf Coast Shire had decided to defer the application to rezone McAdam Park for 60 days, to enable consultation with residents.

“It became clear during our community meeting on Monday night, with 60 residents in attendance, that the proposal to re-zone this land was based on some highly questionable premises”, spokesperson Paul Morgan said. “Residents are delighted that both Motorcycling Australia and the Surf Coast Shire have listened to our request for the re-zoning application to be deferred. In the circumstances, it is the only logical way forward”.

Mr Morgan said that residents welcomed the new consultative approach which has been adopted following the entry of Motorcycling Australia to the project. “To date, we have had to search for information about what was proposed because we have been totally excluded from this process by the authorities”, he said. “Motorcycling Australia has signalled a different approach, which we welcome – the first thing we need is up-to-date information and we can then have a sensible discussion about the implications of the proposal and the potential alternatives for the sport”.

Mr Morgan confirmed that residents remain firmly opposed to any re-zoning or development of the site. “Residents have tolerated motorcycling on McAdam Park, on a small scale, for decades. It is an entirely unsuitable site, however, for any development. There are very clear environmental and social reasons why the proposed increase in scale and activity cannot proceed. The decision by state and local governments to contribute to the purchase of such a valuable piece of land appears to have created an imperative to increase its use so that value for money can be demonstrated, but the problem is that any increase in use is unsustainable in the Barrabool Hills”.

“Residents will use the time available following this deferral to ensure all parties – Motorcycling Australia, Surf Coast Shire, the City of Greater Geelong and the State Government – understand the impost on residents and the environment created by the current use of the site and the fact that any further development would be both inappropriate and unsustainable. Alternatives need to be identified that allow the sport to thrive without placing an intolerable burden on a small rural community and a fragile rural environment”, Mr Morgan said.

For any enquiries please contact the BRPG:
Phone: 03 4201 0270
Post: PO Box 1772, Geelong, VIC, 3220
Email: enquiries[at]brpg.com.au

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Barrabool community vows to fight

Posted on September 15, 2009 by Leave a comment

Media release
14 September 2009

About 60 people who attended a public meeting in Barrabool on Monday night expressed their anger at plans to develop McAdam Park into a major regional motorsports facility. Surf Coast Shire Mayor Libby Mears and Councillors Lindsay Schroeder, Dean Webster and Brian McKiterick heard residents express their disbelief at the scale of the proposed development, which Council officers confirmed spreads over a 300 acre area and involves multiple new tracks and infrastructure. The meeting overwhelmingly supported, without dissent, a motion strongly objecting to the proposed development.

Liberal candidate for the federal seat of Corangamite, Sarah Henderson, was applauded when she stated that while she supported the concept of a motorsports complex in the Geelong region, she questioned whether it was appropriate to locate such a facility in the Barrabool Hills. She also questioned the process by which the substantial public investment in the project had been achieved, without any community consultation.

Residents welcomed the offer of CEO of Motorcycling Australia, David White, to consult with the community and seek a mutually agreeable outcome. Mr White advised the meeting that the business case which had been the basis for seeking funding from state and local government was over-ambitious in terms of profit projections and needs substantial revision. Residents in turn questioned why Motorcycling Australia and state and local governments had invested more than $2 million in a project which has little chance of achieving any reasonable return. Mr White agreed it was time to ‘draw a line in the sand’ and advised he wished to consult with the community so as to achieve a mutually acceptable outcome. He agreed to seek the views of the board of Motorcycling Australia this week on the meeting’s request to halt the re-zoning application. Residents agreed, in turn, to consider Mr White’s suggestion that only 100 acres of the available 300 acres be subject to a rezoning application.

A motion asking Surf Coast Shire to halt the rezoning application, pending consultation with the community and better assessment of environmental and social impacts of the proposed development, was passed with overwhelming support and no dissent.

For any further enquries please contact the BRPG:
Phone: 03 4201 0270
Post: PO Box 1772, Geelong, VIC, 3220.

Paul Morgan
Ian Kelly
Heather Wellington
On behalf of the Barrabool Rural Protection Group

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