Hurstbridge Farmgate garden tours canned by Nillumbik Council

Green thumbs and residents are seeing red after Nillumbik Council put a stop to garden tours at a Hurstbridge property. But the council has hit out at restrictive state planning laws.

Hurstbridge Farmgate owner Paula McLeod. Picture: Ian Currie

Green thumbs and local residents are seeing red after Nillumbik Council put a stop to two garden tours of the Hurstbridge Farmgate property.

The tours, which were organised by Local Food Connect, a community group promoting a healthy food culture and sustainability, were to happen on November 3.

Twenty people had booked tickets for each tour of the 8ha property, but the council intervened.

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Local Food Connect spokesman Chris Chapple said the justification was that a garden tour constituted “a place of assembly” and required a permit, but there was “no mechanism to apply for such a permit”.

He said he was warned that if the event was held, it would contravene the planning scheme, leading to penalties.

“There’s a huge number of events that would fall into the same category,” Mr Chapple said.

“The same logic could apply to garage sales, or a variety of things if you wanted to make it apply to them.

“I believe most people would think of a ‘place of assembly‘ within the scope of the planning scheme to be building something like a church.”

A Facebook post about the cancellation received almost 100 comments and more than 30 shares.

Angry users condemned the council’s actions, describing them as “madness”, “ridiculous” and “bureaucracy gone mad”.

“People were really dumbstruck that something which appears so benign and the sort of thing that should be encouraged was stopped,” Mr Chapple said.

Nillumbik Mayor Karen Egan.

Mayor Karen Egan said the uses permissible in the Rural Conservation Zone were governed by state planning laws, which the council had to enforce.

She said the council supported food tourism and small businesses showcasing the region’s assets, while also being mindful of the need to protect its green wedge.

“Balancing these two imperatives is a constant challenge we face as a council — a challenge made all the more difficult by narrow state-based planning restrictions,” she said.

“I look forward to working with whoever will be Victoria’s planning minister after the November election, to bring about the necessary changes to address these issues.”

The Hurstbridge Farmgate property made headlines recently after the council prevented its owners from selling leftover vegies cheaply.

Owner Paula McLeod said they were disappointed the tours were cancelled and surprised, given the gardens had been opened previously for fundraising events.

PLACE OF ASSEMBLY

Under the Rural Conservation Zone, a Place of Assembly is prohibited, and a planning permit cannot be granted.

The planning scheme defines a place of assembly as: “Land where people congregate for religious or cultural activities, entertainment, or meetings”.

A restricted place of assembly is defined in the planning scheme as: “Land used by members of a club or group, or by members’ guests, for religious or cultural activities, entertainment, or meetings. It may include food and drink for consumption on the premises, and gaming”.

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