Melbourne University’s Bruce Thompson accuses South Gippsland Shire of discrimination over Fish Creek winery

A top Melbourne scientist has accused South Gippsland Shire of discriminating against his disabled wife after the council knocked back their plans to build a house and winery.

Melbourne scientist Professor Bruce Thompson claim planning laws discriminate against disabled people. Picture: Tony Gough

A top Melbourne scientist has accused a rural council of discriminating against his disabled wife over their plan to build a modest house on a 21ha property.

Melbourne University lung health expert Prof Bruce Thompson and his psychologist wife Sue Rivers had applied to put the dwelling and a winery on their Fish Creek land, near Wilsons Promontory.

However, South Gippsland Shire has rejected the proposal, saying the property was in a farm zone, and allowing the development would lead to the loss of productive agriculture land.

Amid six objections it also ruled it wasn’t consistent with a local planning scheme to avoid dwellings deemed to be for rural residential or lifestyle purposes.

But Prof Thompson said that surrounding properties had houses, and he and his wife intended to farm the land with a winery as well as “fattening steers”.

Ms Rivers, who is confined to a wheelchair, would need to be able to stay there overnight due to her debilitating condition.

“I want to be as involved as possible on our farm, but I also need to know that I don’t have a long commute at either end of the day,” she said.

“My condition includes significant fatigue, and being able to reside there is critical to managing myself as well as the farm.”

“We need to get a recognition of disability law within planning policies.”

Prof Thompson, who is a Member of the Order of Australia and was a high profile expert commentator during Covid, accused the council of discrimination.

“Putting to one side the numerous expert documents we gathered demonstrating the need for onsite management of the farm and vineyard, it’s extraordinary that the councillors knowingly discriminated against a person with a disability,” he said.

Melbourne scientist Professor Bruce Thompson and his wife Susan Thompson have had their application for a house on their 21ha Fish Creek property rejected. Picture: Tony Gough

“I challenge any of the councillors to have the courage and respect to use a wheelchair for a day, from when they wake up to when they go to bed without their feet touching the ground, and then give us a call.”

Prof Thompson and Ms Rivers are also angry because they claim council planning officers initially supported their amended plans submitted after a VCAT decision.

“The decision was reversed at the last minute,” Prof Thompson said.

“And for council to accept the objectors’ assertion that a vineyard in conjunction with fattening steers is not an appropriate use of the land is hypocritical since the objectors live on a lifestyle/hobby farm of 20ha.”

South Gippsland Shire did not respond to the accusation of discrimination, however, a statement said the application was assessed against the relevant policies and provisions of the local planning scheme.

“Council’s decision was based on the application’s merits (and) the applicants have an opportunity to appeal the decision via VCAT,” it said.

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