STOP THE GOATS
ARE THEY KIDDING? Council’s bizarre move to fight its own decision and ... Councillors disregard City Hall’s approval of Lara farm and ignore advice of council officers in a move that could cost ratepayers thousands
GEELONG council’s decision to lead a legal appeal against a permit it already granted for a goat farm in Lara is “perplexing and disappointing,” says the company behind the farm.
In a split vote, councillors decided on Tuesday night to proceed with an unlikely bid to cancel an existing permit for Nuchev’s 4500-goat facility. The facility was approved by the council’s administrators in mid-2016 and the permit was later upheld by VCAT.
Councillors have now decided to lead an appeal at VCAT despite internal advice warning that it is unlikely to succeed.
If council loses, its legal bill could exceed $60,000.
If it wins, the council would still be liable for any costs that have been incurred by Nuchev over the past 13 months, planning and development director Kelvin Walsh said.
GOAT farm company Nuchev has labelled Geelong council’s decision to lead a legal appeal against a permit it granted as “perplexing and disappointing”.
But hundreds of Lara residents are celebrating after convincing the council to provide them with the legal avenue to fight the creation of the goat facility in the town’s south.
In a split vote, councillors decided on Tuesday night to proceed with an unlikely bid to cancel an existing permit for Nuchev’s 4500-goat facility.
The 6-4 decision was met with a standing ovation by an estimated 200 Nuchev opponents, who had crammed into the City Hall gallery for the emotion-packed hearing.
It gives the campaigners a remote chance at preventing the development of the facility, which was approved by the council’s administrators in mid-2016.
The permit was later upheld by the Victorian Civil and Administrative Tribunal (VCAT) in February 2017.
Councillors have now decided to lead an appeal at VCAT — effectively against the council’s own position — despite internal advice warning that it was unlikely to succeed.
If the council loses, its legal bill could exceed $60,000.
In the event it wins, the council would still be liable for any costs that have been incurred by Nuchev over the past 13 months, planning and development director Kelvin Walsh said.
The populist move was led by Windermere councillors Kylie Grzybek and Anthony Aitken, with the support of Stephanie Asher, Trent Sullivan, Eddy Kontelj and Ron Nelson.
Mayor Bruce Harwood, deputy mayor Peter Murrihy, Jim Mason and Pat Murnane voted against it, while Sarah Mansfield was absent due to maternity leave.
Cr Harwood told the meeting that VCAT had not made a decision to cancel a permit under that form of legislation since 2000.
But the supporting councillors argued that the sheer number of protesters demanded that a fresh bid be launched on their behalf.
Cr Grzybek drew on a perceived inadequacy in the council’s own public advertisement and notification process as a reason to support their attempt to cancel the permit.
While 252 notices were sent out to nearby properties, not one of those went to a residential home, Cr Grzybek said.
“The community needs to be heard,” she said, also citing risk management issues.
Nuchev yesterday expressed its confusion at the council’s attempted reversal.
“We appreciate the concern within the Lara community regarding the permit, however, this is largely driven by information that is factually incorrect or incomplete,” the company said.
“We continue to encourage people to reference the correct information that was submitted to council or to visit our website for facts about the permit.
“We will review the outcome and will provide an appropriate update in due course.”
Nuchev was initially given council approval to host 14,000 goats in Moorabool and 4500 at Lara, where it would also build a large-scale milk processing plant.
However, a resident-led fight saw VCAT scrap the permit for the Moorabool arm of the business in January this year.
That decision reignited anger and led to far more residents becoming aware of the details of the Lara proposal.
Animal Justice Party’s western regional leader Andy Meddick yesterday labelled the council’s decision as a victory for people power.
“This decision is the result of many months of incredibly hard work by a number of people, with the community of Lara united in their opposition led by Bronwen Baker,” he said. “This is a victory for them, and a victory against industrial scale animal cruelty.” “I feel the evidence provided to councillors tonight by officers of the council does not meet the community’s expectations. My view is the community needs to be heard, their views are that this facility is out of character for this area ... and they did not get adequate notification.”
Anthony Aitken, Windermere:
“We have to represent our community; we also have to represent those who are disenfranchised by the process that is now in place.”
Eddy Kontelj, Brownbill:
“With all due respect, I’ve seen more flyers distributed, more signs erected, and more ads placed in papers for a school fete, than this entire notification period. “The Lara community have since educated and informed themselves on this matter and have spoken loudly as one voice. “We must ask ourselves, could so many good people be wrong?”
Ron Nelson, Kardinia:
“I was re-elected in November 2016 by people who thought I did the right thing by them. “I’m here tonight to do the right thing by you.”
Stephanie Asher, Bellarine:
“For me it’s a very emotional issue, and I agree that we need to acknowledge and support the community based on the fact that you all feel so strongly and in such great numbers. “I’m inclined to believe that the community gets things right.”
Trent Sullivan, Bellarine:
“On my council bio it says ‘I wish to instil faith back in this council’ and that’s what I’ll do today.” “VCAT has not made one known decision to overturn a Section 87 (permit) since the year 2000. “It is the responsibility, particularly of the mayor, to listen to advice that is given to us as a council.”
Deputy mayor Peter Murrihy, Brownbill:
“This is a vote where you vote with your heart or you vote with your head. I believe as a council we have to vote with our heads. “This application cannot be used as a chance to have a second bite of the cherry.”
Pat Murnane, Kardinia:
“The advice we have is that if we go to VCAT and challenge this we will lose. Do I have to come here to the next meeting ... having been part of a council that has challenged and lost. I wonder what the people of Lara are going to think of it.”
Jim Mason, Bellarine:
“Our advice is that is it highly unlikely we would be successful.”