Gippsland Simmental stud owners Chris and Sharon Jordan are taking the local council and neighbours to the state's highest planning tribunal, after suffering thousands of dollars of losses due to flooding of their farm.
Chris and Sharon Jordan run Ten Rose Simmentals, just south of Longwarry.
Mr Jordan said Baw Baw Shire Council had continued to issue development permits for three small blocks, subject to inundation overlays, near Ten Rose.
Mr Jordan said the owners of the blocks opposite Ten Rose had been raising the profile of their land, by bringing infill soil onto their properties.
Because of the inundation overlay, Melbourne Water had recommended to council the level of the blocks should not be raised.
"Our land is so flat (water) goes across the road, it is now flooding two main roads and coming down onto our, and neighbouring, properties," Mr Jordan said.
"Every time we get any heavy rainfall, our property is suffering large amounts of inundation - up to 40 per cent of our property is being affected by run-off from these neighbouring blocks.
"Over many years, we've raised concerns about a large amount of infill, that's been placed over the subject properties, but - for reason unknown to us - council seems to be turning a blind eye."
Mr Jordan said he had now taken the matter to the Victorian Civil and Administrative Tribunal.
"The situation has got to the point where we have now taken out an Enforcement Notice in the VCAT,, against Baw Baw Shire and these residents, for the ongoing infilling of their land.
"It is putting extreme pressure on not only the costs of having to repair sodden and decimated paddocks every year, but the personal mental stress it is having on our family.
Mr Jordan said the council had initially knocked back an application for a house, for the first of three lots in the area, about five years ago, due to the overlay.
"They came back in 2019 and applied to grow flowers, the planners knocked it back - they didn't like the farm management plan - then they brought it up a council meeting and the councillors said they thought it was alright."
The farm was approved by the Victorian Civil and Administrative Tribunal.
Mr Jordan said applicants on the other blocks were now seeking permits for a house and sheds.
"The water is coming in affecting our hay shed with feed storage, it's coming onto our silage stack and we can't use all our paddocks, as we can't have cows calving in them," he said.
"The calves would drown."
The flooding was also bringing in weed seed.
"We are unable to export because our weights are down and there are bio-security issues with unwanted water, pollution, disease and damage.
"Our quarantine status is gone."
Ten Rose had to have prime pastures, as the cattle were weight tested for growth estimated breeding values, which had an impact on sale prices.
"We have a conservative six figure loss in pastures, exports, and local and interstate cattle sales."
He said two years ago he cut nearly 100 bales of hay and nearly 40 bales of silage off the property.
"This season just gone I couldn't do any, it's flooded the property that badly it's taken all the goodness out - I am going to have to resow paddocks, re fertilise and start again.
"This is probably the second or third time I have had to do it.
"You can't move on, if you've got to keep putting money into jobs you did six or seven years ago."
He said farmers were getting "smashed - we are losing highly fertile land to lifestyle properties."
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