New dwelling approved, with conditions

August 14, 2022 BY

By Lachlan Ellis

Council has approved the development of a dwelling and vegetation removal at a Korobeit property, despite Planning Officers recommending the application be refused.

Two speakers, Ben King and Tim McNamara, addressed Council at the 20 July Development Assessment Council (DAC) meeting, asking that Council approve the application at Myrniong-Korobeit Road, as the land had a planning application on it prior to being purchased by the applicant.

“I was born on a farm adjacent to the property we are seeking to build our residence on. Twenty-years ago I lived on the same property, and have known the Muir’s my entire life. David [Muir] asked if we’d be interested in buying to move back. He purchased from Moorabool Shire Council, and at the time it had a planning application on it. I understand the planning criteria has changed since then because it’s lapsed…but it says on our rates notice, ‘lifestyle property’…we were under the impression we’d be able to get another permit to build on the property,” Mr King said.

“It’s only a small parcel of land on his property…it’s never been farmed. We were hoping to move the kids there out of town, and give them the same lifestyle we had.”

Mr McNamara added there needs to be consideration given to the fact that the land as purchased by Mr Muir came with the title, “so he had no reason to think that when he sold the land to his friends, they wouldn’t be able to build on it too.”

Cr Paul Tatchell moved an alternate motion to approve the application with conditions, which was seconded by Cr David Edwards and supported unanimously.

Conditions include the completion of a Land/Farm Management Plan prior to development and use of the property, entering a Section 173 Agreement with Council, and not removing vegetation beyond the endorsed plans without further planning approval.