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.

$110,000 for Olinda Recreation Precinct Plan!





Today I attended along with Mayor Cr McCarthy and council officers, the "former" Olinda Golf Course, where Minister for Education, Deputy Premier and Member for Monbulk James Merlino and Minister for Environment Lisa Neville announce $110000 for a "precinct plan" not only for the former golf course but the recreation reserve and the long waited return of the Olinda Pool. This will ensure Olinda becomes a "destination" and like the Warburton Trail, Puffing Billy, Olinda will become a place where people can enjoy any recreational activities set amongst Victoria's most prestige and beautiful landscape! This plan will bring together community members, sporting clubs, schools, Parks Victoria, Yarra Ranges Council and the Labor Govt to deliver a much needed draw for Olinda.

RATE CAPPING - ESC Recommendations





The Government has accepted 14 recommendations, accepted a further four in principle, and does not accept two ESC recommendations.

The Bill provides substantial autonomy to the Minister for Local Government to establish the detailed features of the rate capping system. The Bill does not specifically require the imposition of a rate cap; rather it provides a legislative base by which a cap can be established. 

The MAV is pleased that the Government has considered our advice in favour of greater flexibility in the cap – the proposed legislation also provides that separate caps can be set for individual councils, all councils or groups of councils. 

However, much of the detail around the framework will be established by general Orders published in the Government Gazette, so there is still significant uncertainty about the shape and operation of the rate capping framework for 2016-17 and beyond.  

What we know:

The Local Government Amendment (Fair Go Rates) Bill 2015 includes the following:
·         The Government has not accepted the ESC recommendation for a single rate cap.
·         The Bill provides that the Minister may set a cap on general rates and municipal charges, but does not require the imposition of a cap
·         The legislation proposes a cap may apply to all councils, a group of councils or a single council, and any cap must be published in the Government Gazette by 31 December
·         The rate cap will be applied to average rates per rateable assessment, with the Government noting that the average ratepayer is a notional term. A proposed amendment to the Local Government Act would allow the Minister to direct councils in an Order published in the Government Gazette, that the capped average rate must not exceed the base average rate by more than the average rate cap.
·         Individual events that allow councils to apply for a variation to the cap will not be specified, and an application for a variation will be assessed against five factors: the reason, how it takes account of community views, how it reflects efficient use of council resources, consideration given to alternative options, and consistency with long-term strategic planning and financial management.
·         It is proposed that the Minister will have the power to suspend a council if it ‘repeatedly and substantially fails to comply’ with the rate cap
·         Councils proposing a variation will prepare two budgets - one on the basis of their proposed rate level and the other on the capped rate level
·         The framework will be reviewed in 2021 and every four years after this date.

In addition to the Bill, the State Government has made a number of related policy announcements in their response to the ESC report:

·         The State will fund the full cost of the variation process for the first year only
·         There is proposed authority for the Minister to expand the cap to include other categories of rates and charges at a later date if deemed necessary to …“ensure the integrity of the system”
·         The Government has accepted in principle the ESC’s recommendation to set the cap at 60 per cent Consumer Price Index and 40 per cent Wage Price Index forecasts published each December by the Department of Treasury and Finance. The legislation provides flexibility for the Minister to set a cap using a different formula
·         The Government will require the ESC to complete a productivity assessment of councils by mid-2017 so the outcomes can be applied from 2018-19 and beyond.
·         The Government will undertake a review of councils’ statutory fees to ensure they reflect the efficient cost of providing statutory services.

What remains unclear:   

·         how many rate caps may be deemed appropriate by the Minister and by how much they will vary
·         how any councils will be categorised for the purposes of establishing alternative cap levels
·         whether the full cost of the rate capping and variation process will be borne by councils submitting applications to the ESC after the first year of operation
·         whether the Government will introduce a power to constrain service charges (waste management charges)
·         whether an efficiency factor will be included in the setting of the cap or caps determined by the Minister.

Rate Capping One Step Closer!





                       
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21 October 2015
 
TO THE MAYOR, CEO, MAV REPRESENTATIVE AND COUNCILLORS                   

Sent to MAV Representatives, CEOs, Cr Support Officers and CEO PAs 
 
Dear Colleague
 
BREAKING NEWS: Rate Cap Legislation Second Reading

Yesterday the Local Government Amendment (Fair Go Rates) Bill 2015 was introduced to the Victorian Parliament and the second reading speech has just occurred this morning.
 
The introduction of the legislation follows several days of rate capping media releases issued by the Victorian Government, which I responded to with this statement yesterday. 

The Bill proposes that the Minister will determine the rate cap amount each December, while the Essential Services Commission will be responsible for greater oversight of council spending, ensuring compliance with the rate cap and managing the variation process.
 
The Minister’s media release and the Essential Services Commission’s final report to Government on the rate capping and variation framework have been published online this morning.
 
We have collected hard copies of the documents from Parliament and will be back to you later in the day with further details about the proposed rate cap model.
 
Warm regards
Bill
 
Bill McArthur | President | Municipal Association of Victoria
Level 12, 60 Collins Street, Melbourne Vic 3000
GPO Box 4326, Melbourne Vic 3001
T 03 9667 5502 | F 03 9667 5550
 

COUNCIL REVISITS FUTURE OF FAMILY DAY CARE SCHEME





Yarra Ranges Council will reconsider a proposal to end its Family Day Care scheme due to rising costs and following unsuccessful attempts to recruit enough educators to its service.

The proposal follows Council’s decision in June last year to continue providing Family Day Care and to undertake marketing activities in an effort to grow the scheme and recruit more educators.

A report will be presented at a Council meeting on 13 October highlighting concerns for the future of Council’s scheme given the strong potential for the scheme to shrink further, and federal funding cuts.

The report will also detail that there are a number of other Family Day Care providers of proven quality active in the Yarra Ranges who are able to operate at a lower cost than Council.

Yarra Ranges Director Social and Economic Development Ali Wastie said that despite best efforts to achieve cost neutrality, Council had been significantly subsidising the scheme for a number of years. A recent cut in Federal Government funding was making cost neutrality even more difficult to achieve.

Ms Wastie noted that an increasing number of Councils had been facing similar challenges, and that Family Day Care was now only provided by a minority of Victorian Councils.

“The scheme currently costs Council more than $130,000, which is unsustainable when you consider it provides for three per cent of families with children aged 1-4 years in the Yarra Ranges,” Ms Wastie said.

“We understand that Council’s Family Day Care scheme is of a high quality and is valued by the families that use it.

“We also understand that there are a number of other active schemes in the Yarra Ranges that also provide a good level of service, and are more sustainable than Council’s scheme.”

Ms Wastie said that while Council’s scheme had struggled to recruit significant numbers of new educators, and was also losing educators through retirement, it appeared other schemes were growing.



“A recent assessment of our scheme has also highlighted that, should the scheme continue to operate in 2016/17, we would need to increase fees significantly in order to make it cost neutral for Council and we are concerned of the impact this would have on families.”

Ms Wastie said if Council decided to support the proposal to cease its Family Day Care scheme, officers from Yarra Ranges’ Family and Children’s Services team would work with educators to transition them to alternative providers.

“There are now a number of other Family Day Care providers in the Yarra Ranges that have been assessed as providing a service that meets or exceeds the expected national standards for Family Day Care.  

“We are confident that families currently using our service would continue to receive a high standard of education and care for their children should Council decide to close its scheme.”


Further information about Yarra Ranges Council’s Family Day Care Scheme will be detailed in Council’s 13 October public meeting agenda. Copies of the agenda will be available online at www.yarraranges.vic.gov.au from 7 October.

C 146 - Intensive Animal Husbandry



I was disappointed last night that the recission motion put up by Cr Mcarthy was again voted down by just 1 vote. Cr Child was right "we are split, what more reasons do we need to refer this to an independent panel". I respect the decision has been made and will advocate to state parliament to ensure the "review" process is initiated promptly. There are a few small farmers out there now who are concerned that they may fall into this "technicality".

Cr McCarthy - Rescission of Adopted Motion for Amendment C146 Intensive Animal Husbandry




Cr McCarthy will be putting up a Motion of "Rescission of the Adopted Motion for Amendment C146 Intensive Animal Husbandry". The rationale behind this Motion is to enable Council to provide a further opportunity for interested parties to make representations and express views, to examine in greater detail the extent of objection to Amendment C146, and, with this additional information, to give further consideration to the matter.

No decision is being made here to accept a permit application process for "Intensive Farming" This motion is to allow an independent panel to investigate and also allow EVERYONE to speak to the issue "for and against" without any pressure placed on them.

And I will be supporting this!

Lets remember that Council still intends to prohibit Broiler Farms, and Cattle Feed Lots.

The Actual Motion is below:

RECOMMENDATION

That Council

1. Rescind the decision made for Item 7.2 Amendment C146 Intensive Animal Husbandry at Council Meeting 11 August 2015.

2. Request the Minister for Planning appoint an independent planning panel to consider all submissions received in response to Amendment C146 to the Yarra Ranges Planning Scheme.

3. Refer the amendment and all submissions received to the panel for its consideration and recommendations.

4. Base its submission to the appointed panel on the commentary contained in the above report noting that the defined uses Broiler farm and Cattle feedlot should continue to be prohibited in the Green Wedge Zone 1-3, and that other forms of intensive animal husbandry should become a permitted use subject to the granting of a planning permit.

Public Bike Repair Stations?


I saw this concept which is being used in some Metro Municipalities across Melbourne and Brisbane. What an awesome idea! I reckon we could bring this concept to our trail network in the Yarra Valley, what do you think?

C146 Intensive Animal Husbandry



The motion at Tuesday night's Council meeting to refer the proposal to allow "Intensive" Farming in Green Wedges 1,2, and 3 to an independent panel appointed by the Minister of Agriculture was lost. Disappointing to see, but what was more disappointing was the people within the Gallery who decided to shout out and act appallingly. I was also disappointed that Agribusiness Yarra Valley didn't show up and speak to the item and were silent on the issue.

Cr Callanan on Leave - May 2015





Hi all I will be on leave from the 8th May till the 1 week of June. I will not available by phone during this time. I will keep an eye on my emails and FB page(s). So if you need to get hold of me, your best way would be email/Facebook. If it is urgent, Cr Jim Child will assist in any ward matters in my absence.
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