Farmer takes council to VCAT over rejected worker accommodation proposal

A Sunraysia farmer is hoping Victoria’s planning tribunal will see the merit in on-site seasonal worker accommodation as the regions grapple with a rental shortage.

A regional council is being taken to the Victorian planning tribunal for failing to allow a farmer to build on-site accommodation amid an affordable housing crisis.

In what could be a test case for farmers across the state, Lake Boga horticultural farmer Michael Tripodi has taken Swan Hill regional city council to the Victorian Civil and Administrative Tribunal for rejecting his application to build seasonal worker accommodation for 32 people.

“It’s all very well trying to get 5000 or 6000 workers into the region, but where are they going to stay,” the Sunraysia farmer said.

Tight supply of rental properties and rising rental prices have put increased strain on short-term accommodation options across regional Australia, with Victoria far from immune.

“We’ve planted out nearly 1000 acres (404ha) with citrus, stone fruit and table grapes. We need to employ between 100 and 200 people. We were going to build a facility with 70 beds but we’ve been knocked back,” Mr Tripodi said.

Lake Boga farmer Michael Tripodi pruning his trees last winter. He has significantly expanded his business, needing the assistance of as many as 200 workers to pick his crop. But there’s no where to house them. Picture: Chloe Smith.

His application has since been scaled back to 32 beds, but it has nonetheless been rejected by the council despite a dire lack of options for seasonal workers to stay nearby.

Swan Hill council said the proposal did not comply with current requirements of the planning scheme for a certificate of compliance to be issued, but failed to explain why.

It requested Mr Tripodi instead submit a planning application and a cultural heritage management plan for the proposal.

This is despite legal advice from Geelong firm Harwood Andrews that no separate planning permission was required because “if the proposed workers’ accommodation will be ancillary to the permitted use of the land for horticulture, it is permitted as part of the horticultural use”.

Cartoon from Chris Rule

Swan Hill development manager Kate Jewell responded to the legal advice in a letter stating: “I note the advice you have received … but am afraid do not concur with the advice” .

Mildura planner Roy Costa, who Mr Tripodi has engaged to liaise with the council, has successfully defended two applications for a certificate of compliance to build workers’ accommodation that were rejected by Swan Hill and Mildura councils.

“Council should be supporting the growers, everyone knows it’s very hard to attract workers into the horticulture industry, particularly in the Swan Hill area,” Mr Costa said.

“By providing accommodation on the site, it’s the best and most efficient way, and we believe the council should support this certificate. But they are requiring growers to spend a considerable amount of money to go to VCAT.”