Is this a conflict of interest?
The potential that ownership of commercial properties in Yarragon may present a conflict of interest in recent Baw Baw Shire decisions has been denied by Cr Murray Cook.
Cr Cook has not declared interests in any discussions relating to the commercial rezoning of two residential properties in Campbell St, or a recent planning application for new commercial premises on the Princes Hwy.
Council’s “register of interest” shows Cr Cook, his wife or superannuation investments that he is a director or partner of, own 11 shops along the Princes Hwy and Village Walk commercial precinct of Yarragon.
A superannuation investment, of which Cr Cook is a director, owns the medical centre building, located almost opposite the two properties at 6 and 8 Campbell St.
Cr Cook said he did not receive legal advice on the matter.
Confident there was no conflict of interest to declare, Cr Cook said “it was part of doing what was best for Yarragon.”
Cr Cook said the two houses subject to the proposed planning scheme amendment had been put forward for rezoning before he was elected to council.
During his term, council has considered the rezoning proposal several times as part of its settlement strategy and planning scheme amendment.
Campbell St resident Kristy MacLean has opposed the proposal right through the process and has made several submissions to council and the independent planning panel.
In the past, Cr Cook has declared conflicts when land owned by a family member was subject to rezoning in the Warragul precinct structure plans; and, on another occasion land in Trafalgar owned by a family member was subject to planning approval.
But Cr Cook was adamant he had no conflict and his vote on the matters was a way of achieving what was best for Yarragon.
He denied rezoning the two houses as commercial would increase the commercial viability and value of the medical centre.
Upgrading those two properties, whether it be as commercial or residential uses, would do that, he said.
Cr Cook said the two houses had been identified as commercial to best cater for the future of Yarragon.
Despite an independent planning panel recommending the houses remain residential, Cr Cook moved a motion in June that council not accept the panel’s report and instead proceed with the commercial rezoning.
At the time he told council: “In my mind that is bad planning. The community wants more shops to service the town. Being opposite the post office and medical centre, this is perfect for that.”
Cr Cook said the panel’s justification for leaving the houses zoned residential was the old primary school site in Rollo St would be better for commercial development.
But, he said, that was not what the community wanted.
“I have heard what the community wanted over a number of years for appropriate commercial developments to service the town, away from tourist precincts.
“The panel’s recommendation was totally against what the community wants in keeping service facilities together. It is an example of Melbourne people making decisions for small country towns that they have no background knowledge of,” he said.
Cr Cook said community members had told council several times they wanted more service industries in Yarragon.
He said the service road was traditionally seen as the tourism precinct whereas Campbell St, where the post office and medical centre are located, were services to the town.
“The next step was for more services to support the town. Some people were very vocal in saying no more tourism. All I was doing was pursuing that.
“I do what I think is best for Yarragon as a whole and represent Yarragon as a whole.
“I am doing what is best for the town and making sure everyone is treated fairly.
“I am happy to stand on my record of advancing Yarragon and I have done that for a long time.
Cr Cook said he was assisting one of the Campbell St house owners to pursue a heritage redevelopment of the house and he would be just as happy to see that proceed given it was one of the oldest houses in Yarragon.
Cr Cook said representing and advancing Yarragon was the bottom line, and also denied having a conflict of interest in other planning applications considered by council.
A recent application for a two shop commercial premises at 83 Princes Hwy was supported by Cr Cook, but he raised questions about parking.
Cr Cook said his financial interest in nearby commercial properties did not affect his ability to make decisions on other planning matters in the Yarragon central business district.
“It is the same thing, I look at the whole area and what is being done for the development of Yarragon and put that into context,” he said.
He said in the recent planning matter he was aware parking at the western end of the town was fully utilised and his concern was adequate parking would not be provided to support the development.