PLANNING consultants say their client Echuca Park is being forced by Campaspe Shire council to take their right-to-farm fight to VCAT after appeals for consultation have gone unanswered.
Echuca Park owners John and Karen Watson have received more than 120 objections to their submission for the intense animal husbandry planning permit which is required in order for them to run their 1800-head beef operation.
The Watson family, who have been farming on the 124-hectare property for 94 years, were hit with the requirement that they obtain a permit to continue their eight-year-old intensive beef operation after nearby residential complaints to Campaspe Shire about odour, effluent and noise issues.
Their planning submission seen by Stock & Land defends the Watsons' right to farm by addressing issues to the State and local planning policy framework, farming zone and overlays.
Troy Spencer, director of Echuca Park's planning consultant T&C Development Services, said a farm improvement plan was also submitted to council that addressed odour and noise complaints with the fencing-off of two paddocks closest to residents for the development of a bush corridor with stocking restrictions.
Echuca Park is in stages five and six of the Campaspe Shire development plan – a development flagged for many years in the future.
The issue has inflamed the ongoing farmer debate against urban sprawl.
In their submission, the Watsons recognised the beef operation would be restricted by urban encroachment and suggested restructuring their enterprise over a timeframe of 15 years, operating at 2200 head for 10 years and reducing that by 200 head each consecutive year until the 15th year.
"By council having little to do or say about it, they would hope the Watsons would appeal to VCAT so they don't have to deal with it," Mr Spencer said.
"This way they can claim they never got the opportunity to make a decision and avoid community (backlash), which is a very tricky loophole rural councils have been taking in these situations.
"Councillors will go with the majority and they are focused on the residential people. It is a shame, as agriculture is the major employer (in this region) but in this instance council has abandoned the farmer."
Last month Campaspe Shire mayor Ian Maddison, a stock agent of Maddison Livestock, told Stock & Land it was unlikely the Watsons would succeed in obtaining a permit to continue to farm due to the magnitude of objections.
"The mayor has crossed the line by making a decision off his own bat and predetermining the outcome of the case by saying we are likely to be refused when we are only part-way through the process and they are not responding to us," Mr Spencer said.
However, Councillor Maddison defended the comments and said council would attempt to resolve the situation amicably.
"It depends on the variety of issues the objectors are putting up," he said.
"(It would be) nice to think there will be an outcome that complements what the Watsons want to achieve and the people who are objecting."
Councillor Maddison said he had "heard around the traps" that the issue might be resolved at VCAT but said council hoped to deal with it at a local level.
"Whether they (Watsons) choose to take it to VCAT is not for me to pre-empt," he said.
"Council has a desire to support our farming communities.
"However, it all has to be done within legal requirements."
Campaspe Shire's people and place general manager Paul McKenzie said the application had had no delays and was expected to go to council in October.
Mr Watson said all he was hoping for was to continue farming.
"We have been made out as the villains in all this but we need to fight – fight for everyone in Victoria who has a farm next to a town, because what we are seeing is that the rights will never been in the farmer's favour."