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The right to farm?




I recently sat down and had a good discussion with the Wandin Rotary Club about intensive farming activities in the Yarra Valley. 

The importance and changing face of farming

• Farming is a significant industry in YarraRanges and makes a major contribution to the local economy through jobs and export. 
• Nurseries, cut flowers and turf are some of the major industries followed by fruit growing and livestock farming.  
• Tourism in association with farming is also important.  Yarra Ranges has a well established reputation for farm fresh gourmet food and wine which attracts tourists to farm gate sales, wineries and restaurants.  Yarra Ranges also enjoys a close proximity to the metropolitan market and export facilities, which make it a key player in agribusiness. 
• Agriculture is changing to meet the demands of the community with free range, organic and ethically produced product becoming increasingly popular.  Farming also seeks to provide ‘year round’ what traditionally were seasonal crops.
• Farming must also respond to climate change and associated environmental issuesThis is largely through the use ofemerging technologies which are changing the face of farming.   Some changes we have seen include shade structures, collective packing facilitiesbigger farm buildings and rotational areas for livestock with portable pens and the like.
• The Green Wedge Zone which was introduced approx. 15 years ago replaced the former Farming / Rural Zone.  Despite the name change, the zone is still largely the same as the Farm zone – and its primary purpose is for agriculture.  Many people confuse a Green Wedge classification with some sort of landscape or environmental zone designation.  In fact there are other more appropriate zones for these circumstances such as the Rural Conservation Zone. 
• The Green Wedge Zone is the only zone where farming can occur – unlike residential, which can occur in a number of zones pending a permit of course

Farming in the Green Wedge

• The term Green Wedge refers to the peri- urban (rural) areas surrounding the urban parts of greater Melbourne.  Yarra Ranges’ Green Wedge includes a number of small contained townshipssuch aWandin Nth – predominantly residential in nature.
• Farming in the Green Wedge areas is a challenge due to the diverse competing demands made on rural land including:pressure for rural lifestyle and tourism and recreational uses.
• The presence of residential and tourism uses adjacent to agriculture, particularly intensive agriculture, presents a number of tensions, which are well documented.  Some residents complain of amenity impacts such as noise (farm machinery/ animals), spray drift (pesticides), environmental issues such as runoff,odour (animals) and visual impacts (hail netting, large farm buildings) etc.  The potential for rural lifestyle also increases rural land values making expansion of existing farming operations difficult.  
• Farmers on the other hand seek the right to farm – which can include early morning activity (noise) and practices that may not be perceived to be compatible with residential use. Not all farming is ‘pretty’. Ironically, the ruralsetting (including farms) is often the primary attraction for rural ‘lifestylers’ and tourism to locate in these areas in the first place
• Data on the amount of land in agricultural production in Yarra Ranges indicates the agricultural production area is shrinking yet the amount of product from this smaller area is increasing.  This suggests that farming practices are intensifying.  (This may also relate to the availability of water and a number of other factors.)   

So, how does Yarra Ranges respond?

• The Planning Scheme, via the zones, determines where land may be used for agriculture and what types of farming will require a permit and what won’t.   
• Council formally adopted a vision for its rural (green wedge) areas in 2010, which underpins the policies in the Planning Scheme and guides permitdecisions.  This vision further supports the State Government policy to protectagricultural land – particularly in close proximity to Melbourne.   State planning protects rural land via the application of the Urban Growth Boundary and associated prescriptive subdivision restrictions.
• Yarra Ranges’ Planning Scheme contains some historic prohibitions on intensive animal husbandry  specifically in the ‘red soil’ areas.  
• These controls originated from varying prohibitions on pig farms and chicken farms in the former planning schemes of Upper Yarra, Sherbrooke, Healesville and Lilydale which were combined into a general prohibition on intensive animal husbandry in areas considered to be prime horticulture sites/ red soil areas.
• While it is now recognised that red soil is not the only criteria for prime agricultural land, these controls are still part of the Planning SchemeCouncil discussed taking steps to remove these controls with the recent Planning Scheme Amendment C146 which Council voted not to proceed with.  
• While Council decided not to progress Planning Scheme Amendment C146 to remove the current prohibition on Intensive Animal Husbandry in the Green Wedge Zone Schedules 1,2 & 3, it reiterated its support for agriculture in the region.
• Council has previously identified issues in Green Wedge Zones such as hail netting, farm gate sales and has successfully advocated for change.
• Now it is lobbying for changes to the scheme that will clarify what defines intensive and extensive farming practices.
• In 2014 Council identified concerns over the definitions for agricultural activities which didn’t address current day farming practices and sought clarification from the State Government. 
• Following the August 11 decision to abandon the C146 amendment due to the level of community objection, it resolved to continue lobbying the government for answers.
• Council has once again written to the Minister Planning asking for improvements to the definitions within the planning scheme to consider free range agriculture and emerging farming practices.   
• Council’s role is to make determinations on agricultural land uses, taking into account the unique circumstances ofeach application.  It is important to note that discretion to consider a permit does not mean a permit will be issued.  The whole idea of permits is to facilitate a process to improve outcomes byaddressing amenity, landscape, environmental and other issues associated with specific agricultural uses.  If the issues cannot be resolved, the permit can be refused. 
• Intensive farming also includes horticulture.  Generally all ‘cropping’ is permit exempt in Green Wedge areas, therefore things like strawberry farms or brussel sprouts which we see expanding in the valley do not require any permit or Council permission. This exemption does not however extend to farm buildings associated with cropping.
• In summary, agricultural permits are no different to other permits, however the broad range of ‘allowed’ land uses in rural areas contributes to more conflicting land uses than would be found in residential or commercial zones in the urban areas.
• Council must balance a need to protect and support agriculture within the context of other existing uses its Green Wedge areas.  Planning is almost never a single issue proposition, which is why the Planning Scheme contains policies to articulate Council’s position and  guide Council’s discretion in making planning decisions. 

 

 

 

In conclusion

• As you can see, planning is complex and we are hoping to significantly simply our Planning Scheme with an amendment which is currently before the Minister at the moment.
• What I can say is that Council supports farming and appreciates the value it adds to our community.
• We also understand the challenges involved with balancing the needs of our whole community.
• Ultimately we want to make the YarraRanges a better place for everyone to work and life.

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