Victorian farmers at risk of losing right to build home on 40ha-plus

Farmers on 40ha or more, such as Randall Gerkens and Anne-Maree McCormick, fear their building permit rights are about to be trampled by a Victorian Government plan. This is why the family opposes it.

Farmers in Melbourne’s Green Wedge zone, such as Randall Gerkens and Anne-Maree McCormick, and their family, are concerned their building permit rights are about to be trampled. Picture: Zoe Phillips

RURAL landholders’ existing right to build a dwelling on 40ha or more is set to be wiped out for all properties within 100km of Melbourne, under a proposal being promoted by Victoria’s Planning Minister Richard Wynne and state bureaucrats.

In his foreword to last year’s Planning for Melbourne’s Green Wedges and Agricultural Land Consultation Paper Mr Wynne states the government will “do whatever it takes to keep Melbourne’s green wedges and agricultural areas working”.

The consultation paper, put together by Department of Environment, Land, Water and Planning bureaucrats, goes on to state: “land fragmentation and proliferation of rural lifestyle living on agricultural land can be reduced if further subdivision and dwelling developments are more tightly controlled”.

The planning bureaucrats go on to call for “better control” over development by removing the “dwelling as an as-of-right use in the Farming Zone within 100 km of Melbourne”.

As it stands landholders within farming zones do not need a planning permit to build a dwelling on 40ha or more, which real estate lawyer and farmer Randall Gerkens said added significant value to thousands of properties.

“Suddenly you have bureaucrats making these careless changes that would more than halve land values,” Mr Gerkens said.

“People buy farms based on securing value. So you can’t, at the stroke of a pen, halve that value — it will destroy people who farm and their finances.”

“I suspect the vast bulk of landholders aren’t even aware of this proposal. And I know once they (planners) have put forward an option they push like there’s no tomorrow to get it delivered.”

Mr Gerkens said the Government had failed to notify landholders of the proposal, which is buried on page 40 of the 120-page consultation paper.

Farmland in the Yarra Valley, seen here from a hot-air balloon, would be affected by the proposal. Picture: Jake Nowakowski

Fourth-generation Romsey farmer Pat Toomey said the Minister and his bureaucrats needed to understand farmers needed to realise the equity they built up in their farms to raise capital, for succession planning or to simply retire.

Randall Gerkens (in blue polo) and Anne-Maree McCormick, with their children Daniel, 14, Frederick, 5, and dog Felix, and their neighbour Pat Toomey (left). Picture: Zoe Phillips

“You get nowhere destroying investors’ hope,” Mr Toomey said. “It’s pretty terrible.”

The 81-year-old prime lamb and beef producer said his development rights would be destroyed by the Government’s proposal, given he had 320ha.

The option outlined in the consultation paper even suggests removing the 40ha as-of-right rule beyond 100km of Melbourne.

“Extending the proposed controls to land beyond the study area could be the subject of further consideration and planning processes,” the paper stated.

EDITORIAL: FARMERS TO PAY FOR ‘VISTA’

A Victorian Government spokeswoman said “we’re working closely with councils and residents to make sure the community has ample opportunity to have their say on the discussion paper.

“The discussion paper concept does not prohibit the rights of farmers to build housing within a farm zone (but for the first time requires them to obtain a planning permit for a dwelling on 40ha or more). No decision has been made.”

The public has until February 5 to lodge submissions to the consultation paper, although only the long-form submission makes any mention of dumping the 40ha as-of-right rule for dwellings, asking:

TO WHAT degree do you support the proposed options for managing subdivision and dwelling development in agricultural areas (by amending) the “Farming Zones and Rural Activity Zones to make all dwellings within 100km of Melbourne a Section 2 (Permit Required) use”.

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