LANDOWNERS have been accused of trying to carve up Kingston Green Wedge land for residential development under the guise of horse agistment.
Two applications by landowners to subdivide land for “horse agistment” in recent months have been narrowly voted through by councillors against the advice of council officers.
In September last year a five lots subdivision at 2 Leslie Rd, Clarinda was narrowly approved by councillors for horse agistment against council officers’ advice (‘Green light for wedge carve up’, The News 24/9/14).
At the latest public planning meeting last month, councillors voted to approve a ten lots subdivision of land at 217-227 Kingston Rd, Heatherton for the same purpose.
Kingston councillors who opposed both planning applications believe the submissions are being rushed through to exploit “a loophole” before the areas are rezoned as Green Wedge A with a minimum lot size of 40 hectares.
Cr David Eden said the council officers’ planning report noted the Heatherton application was inconsistent with state and council planning policy.
“It’s just bizarre that we’re dealing with an application here to give each horse on land its own title to land. I think it’s a bizarre indictment on this council that we’re entertaining such a proposition and overturning an officer refusal.”
Cr Eden noted horses could be housed on the land under the planned Green Wedge A zone without the need for land subdivision.
Defenders of the South East Green Wedge president Barry Ross told The News “the [Heatherton] layout looks suspiciously like a plan for a residential subdivision”.
“The proposed subdivision would create 10 blocks with an average size of 0.264 hectares, which is well short of the subdivision limit of 40 hectares.”
The council officers’ report noted “supplementary feeding” would be needed for ponies living on the land because a soil fertility report noted they could not feed off the land which is the site of a former rubbish tip.
Cr Ron Brownlees called in the Heatherton planning application to debate in council chambers.
“The subdivision is really the only way that non-urban land such as this can be used in a manner that doesn’t develop it for factories or warehouses or houses and I think any argument about any intention down the track is purely mythical,” Cr Brownlees said.
He said animal husbandry is permissible in Kingston’s Green Wedge.
Cr Tamsin Bearsley welcomed the return of horses to Kingston’s Green Wedge.
“If it’s possible to bring the horses back, it would be wonderful,” she said.
“Horses can be agisted on former landfills. We do it in Chelsea.”
Cr Bearsley said “a lot of horse owners have to agist their horses way out of Kingston.”
“This provides them with the opportunity to buy a block of land and put their one horse on it. That is why it needs to be subdivided because that is what will be offered. People will be able to buy one block of land to agist their one horse.”
Nick Charalambakis, speaking on behalf of applicant Kingston Heights Pty Ltd, said: “The applicant is genuine about this proposal and is happy to accept a [section] 173 requirement upon his permit to say that he can only use these lots for horse agistment.”
Cr Steve Staikos noted a section 173 condition can be removed in future “at the stroke of a pen” if both parties agree so would give “little comfort”.
Crs Brownlees, Bearsley, John Ronke and mayor Geoff Gledhill voted to approve the Heatherton subdivision. Crs Eden, Staikos and Rosemary West opposed the application.
Crs Paul Peulich and Tamara Barth were absent from the planning meeting.
Mr Ross said the Defenders of the South East Green Wedge had appealed to VCAT against the Clarinda council approval and he would consult colleagues to decide whether to appeal the Heatherton subdivision approval.
