Bungaree Frawley family fend off $30m Ballarat hotel development earmarked for farming area

Planning permission for a $30m hotel resort near “precious” Ballarat farmland has been overturned after a hard-fought battle by the area’s well known Bungaree farmers, the Frawleys.

The Frawley farming family are “ecstatic” to have preserved farmland in Warrenheip.

Plans for a luxe $30m tourism resort near Ballarat have been torpedoed, with a tribunal overturning council permission for the project following a hard-fought battle by the area’s well known Frawley family to keep it farmland.

Bungaree farmers Michael and Joanne Frawley argued at the Victorian Civil and Administrative Tribunal (VCAT) the area’s rich, volcanic soil was too valuable for agriculture to be used for tourism — which was more appropriately situated near the Ballarat CBD.

They also told the tribunal “illumination and the levels of activity” from the development could stress livestock in the area, hotel visitors traipsing into flowering canola to take pictures presented a risk to the crop and tourism in general presented a biosecurity threat to potato farming in the area.

The proposed Euterria Hotel near Ballarat, as promoted on Forte's website. Picture: Supplied

The development was to have featured hotel rooms, a spa, function room and restaurant. Picture: Supplied

The proposed hotel has a unique design. Picture: Supplied

Developer Forte Group had gained Ballarat council approval for its planned multimillion tourism development in Warrenheip, comprising a 111-room residential hotel, spa, function centre, restaurant, bar and gin distillery.

The tribunal heard the restaurant would operate from 6am to midnight and bar and function centre from 6am to 1am.

Mr Frawley on Thursday told the Herald Sun said he was “ecstatic” about the win and would be going out to celebrate on Friday.

“It was sort of like David and Goliath — the other side had the best, expensive lawyers and consultants and everything but we won,” he said of the battle he and his wife fought on behalf of the farming Frawleys and other landowners in the area.

“It was an inappropriate place for a development like that and the right decision was made in the end.”

Joanne Frawley said the group of farmers who had fought the development were “over the moon”.

“We didn’t expect to have such an outstanding win — we thought we might have got some conditions changed on the planning permit but not an outright win like that,” she said.

“We are pretty chuffed.”

An aerial photo of the planned hotel site aerial photo by nearmap. Picture: Supplied

A Cypress windbreak flanks the southern side of the site. Picture: Supplied

VCAT senior member Rachel Naylor said the Frawleys and other farmers they were representing were concerned, among other things, about lights, activity and noise from the proposed development upsetting livestock in the area.

“They submit sudden movement, light and noise can cause animal stress. They used the example of animals getting used to the same vehicle in calving times whereas unfamiliar noises can cause stress,” she said.

“Frawley and others explain there are two types of potato industry in this region — manufacturing of potatoes and growing potato seeds for McCains. It is a major industry in this municipality and particularly in this area that benefits from the volcanic soil. Frawley and others explain seed potatoes can only be grown on properties where the risk of bacterial wilt, cyst nematodes and insect damage are not present. Any detection will automatically reject the crop.”

Mr Frawley said the volcanic soil in the area made it some of the finest farming land in the state, and as such was “finite” and “precious”.

As such it should be highly valued and always kept as farmland, he said.

The Frawleys are fourth generation Bungaree farmers.

City of Ballarat development and growth director Natalie Robertson said the council acknowledged the VCAT decision regarding the planning application for 63 Mahers Road in Warrenheip.

“All parties to the planning permit application have a right to appeal a decision of council to the tribunal and while the position of council was to support this proposal, the City of Ballarat acknowledges this decision of VCAT,” she said.