Archive: Live Game Hunting VCAT Decision
Last Updated 14/2/09
Live Game Hunting Proposals Refused By Council
(11/9/08 - P) Details are sketchy, but it seems at least 2 Councillors voted against refusing these ghastly applications
At last night's Planning Committee meeting in Gisborne, an officer's report recommended refusal of two applications for live game hunting facilities in the Cobaw area. The applications have already been taken to VCAT based on Council's failure to make a decision within the prescribed time, so the 'refusal' was a catchup position where Council indicates to VCAT that if it had made a decision, it would have refused the applications.
The Council vote saw the officer's recommendation to refuse get up, despite Councillors Henry Bleeck and Sandra McGregor voting against the refusal. (Note: Cr. Noel Harvey was absent).
MRRA Says:
This jogs our memory of the 2005 Council election, where both Councillors Bleeck and McGregor were supported by the Sporting Shooters Association of Australia (of which Association we understand the applicant for these proposals is also a member). If so, it would make us wonder if there might not have been a conflict of interest situation (although no interests were declared). Click here to see the SSAA's letter to its members in 2005 urging a vote for these two Councillors.
Live Game Bird Hunting Application In The Cobaws Rears Its Disgusting Head Again
(10/8/08 - P) Not just one, but two applications
If you thought it had gone away, it hasn't. A recent VCAT hearing and orders sees two applications to use Farming zone land for live game bird hunting scheduled to come before VCAT again on September 29. The VCAT order was quite critical of Council's role in this matter, that is, Council hadn't deal with the application properly and had not provided sufficient and relevant information to VCAT. The applications are from Jon Thomas and his company First Cashmore Pty. Ltd. Mr. Thomas has previously attempted to have live bird hunting on his nearby conservation zoned property, and to have his land rezoned to allow it to proceed. He was also a vocal supporter of allowing more development in rural zones at meetings held by the Macedon Ranges Land Owners group who are pushing for houses on rural land.
VCAT Strikes Out Cobaw Live Bird Hunting Range Case
(28/4/07 - P) It sat on the books for over a year, and finally, finally VCAT had enough.
On 16 April, VCAT issued an order that a case before it (P2620/2005 & P3019/2005), for a permit to conduct a live game shooting ranch in what is now a Rural Conservation zone, be struck out. The original order in this matter was made in November 2005. From VCAT's comments, since the Minister for Planning approved Amendment C48 (Rural Land Review) in February 2006 (which replaced the then Environmental Rural zone with a Rural Conservation zone and prohibited live game shooting) the permit applicant has sought deferrals of the case to consider its position. VCAT refused to agree to the applicant's wish that proceedings continue to be deferred until an amendment is approved to rezone the land. VCAT invoked sections 75 and 76 of the VCAT Act in striking out the proceedings, describing them as "stale", and said they "now lacked substance and can be regarded as an abuse of the process" and could be dismissed "for want of prosecution".
MRRA Says:
Strong words. Will the objectors be applying for costs?
An application to prepare an amendment to the Macedon Ranges planning scheme (Amendment C60) to change the provisions of the zoning on this land came before Council on 14th March 2007. The officer's recommendation was that Council not pursue the amendment primarily because, given the environmental sensitivities of the land (e.g. proclaimed water catchment, adjacent to Cobaw State Forest, environmental and landscape attributes), the current Rural Environmental zoning is appropriate. However, Cr. Noel Harvey (West) and Cr. Sandra McGregor (East) respectively moved and seconded a motion that the matter be deferred to "allow further discussion between Council and the property owners to explore alternative ways to protect the environmental and landscape qualities of the land without impacting on the current agricultural activities on the land."
MRRA wonders what relationship any current agricultural activities on the land might have with introducing an ability to shoot live birds on the land...
We have a feeling in our water that this one isn't going anywhere, not least because the whole concept is so 'individually aspirational' and, frankly, repugnant. It's also totally out of step with the significant natural qualities of the land and surrounding land. Need we add it would be yet another piece of ad hoc planning for which this Council is already noted?
Large Use and Development Proposals Fall Before C48 And New Rural Zones
(27/2/06 - P) Macedon Lodge and Live Game Ranch are among the first to go
The introduction of Amendment C48 brings good news for those who have been fighting large development proposals in rural areas, or more correctly, in sensitive environmental areas. MRRA's understanding is that applications for a Live Game Ranch (that is, a proposal for shooting live game) in Pastoria and another for a Convention Centre and Spa at Macedon Lodge on Mt. Macedon have been withdrawn as both are now prohibited under the new Rural Conservation zone. The proposal for a retirement village at Macedon House in Gisborne is still 'alive' because the applicant is seeking a 'spot' rezoning (C52) of the Rural Conservation zone (which prohibits the development) now applied to the land. As 'spot' rezoning usually makes a mockery of the concept of strategic planning, we would hope the State government starts sending that message to Councils and Councillors who see 'spot' rezoning for individual applications as an acceptable way to get around planning scheme strategies and controls. It just doesn't seem to occur to them that the development might be in the wrong spot...
VCAT Refusal, Cobaw Ranges
(16/5/05 – P) Live Game Hunting (Game Ranch) * Application Refused On Noise Grounds.
Further information about VCAT’s decision to refuse a permit application to hunt live game suggests a technical issue rather than planning merits won the day. This application builds on a ‘live’ permit already issued by VCAT for a clay pigeon shooting facility on the same property. It seems noise levels obtained from new tests were substantially higher than levels previously identified in tests undertaken by the permit applicant, and the new noise levels were not acceptable. Disappointingly, it is understood planning arguments put by objectors – such as the site is inappropriate because it is in a key conservation area, is forested land within a proclaimed water catchment, is zoned Environmental Rural, and abuts the Cobaw State Forest (a home of the endangered Powerful Owl) – were not considered grounds for refusal in VCAT’s decision. Nup, it was just too loud. * (NB we apologize for wrongly identifying this as a ‘rifle range’ proposal last Friday).