VICTORIAN Civil and Administrative Tribunal has overturned Loddon Shire Council’s rejection of a planning permit to build a home on farmland near Newbridge.
Council last year refused the application by Michelle and Darryn Phinn, saying the proposal was contrary to state and local planning frameworks to protect agricultural land.
The Phinns were granted permission to build on the property of less than 100 hectares after a two-day hearing at VCAT.
Tribunal members Christopher Harty and Phil West said in their ruling: “In our view, the site is sufficiently large enough to absorb the loss of land available for agricultural production as a result of siting the dwelling in the back corner of the site and providing its accessway along a side boundary. We do not consider this is detrimental to the site being continued to be used for productive agriculture.
“We also do not consider the proposal fragments the land on the site for agricultural production. Siting the dwelling and outbuildings and accessway along and close to boundaries avoids the inefficient use of the balance of the site for agricultural purposes.
“We accept that it is important to provide for the welfare of animals and livestock. We do not necessarily accept that it is essential for a dwelling to provide round the clock care for livestock even during calving periods. We accept a permanent presence on the site with a dwelling will make supervision and management of livestock easier and more convenient, but we also note this can be done without a dwelling such as with appropriate outbuildings that provide protection from the elements and allows for time to be spent by the landowner or farmer on the site to manage livestock.”
The Phinns, who want to farm Angus cattle and fatten sheep on the Wimmera Highway property, had their permit granted with amendments.