Second house approved for Jindivick dairy farm

A dairy farmer will be allowed to build an additional house on his farm after Baw Baw Shire Council agreed to remove a legal restriction on the land.

Dairy farmer Chris Bagot told council a back injury had forced him to take on a managerial position on their dairy farm and he needed to build a second house on their property.

The application sought to remove a section 173 agreement that prohibits a house being built on a 29 hectare lot, which forms part of an overall 153 hectare dairy farm in Petschack Rd.

Mr Bagot said he and his wife purchased their first dairy farm at Jindivick 10 years ago and since then had purchased two other properties to expand their total landholding to almost 400 acres.

Mr Bagot said a back injury had forced him out of dairying but they wanted to maintain the farm in a managerial position.

He said they currently milked 350 cows on the farm and recently invested $1 million in a new dairy with the aim to increase milking to 600 cows.

Mr Bagot said he purchased the property knowing there was a section 173 agreement prohibiting a house, but at that stage he did not envisage having to build a second house on the property.

The application sought to remove the section 173 agreement.

Planning officers opposed the application and recommended it be refused.

“The section 173 sought to protect the balance land from further residential development.

“Development of the land with a dwelling is inconsistent with the provisions of the farming zone as it will result in a loss of productive agricultural land and lead to a proliferation of dwellings in the immediate area.

“If approved, the proposal may result in an increase in land use conflicts with adjoining land uses. The proposal would result in the loss of land to agricultural use,” officers said.

Cr Peter Kostos moved the application be approved.

Cr Kostos suggested conditions be included on the permit requiring the lot to be consolidated with land at 8659 Jackson’s Trk Jindivick.

Cr Kostos said a new section 173 agreement also should be placed on the new title to prohibit any further subdivision and houses being built on the property.

Cr Mikaela Power said in this instance, more land would end up in agricultural use and the land was in good hands.

“We really need to support successful farmers. We have heard how much has been invested into this farm.

“What I look for is genuine intent to use land for agricultural purposes and that is demonstrated well and truly,” she said.