JOHN VAN KLAVEREN
EXTENSIVE building and track works at McAdam Park motorcycle complex were illegally developed without planning permits, Victorian Civil and Administrative Tribunal has ruled.
Barrabool Rural Protection Group spokesperson Paul Morgan said the ruling was an important victory in the group’s battle against further development of the complex.
“VCAT ruled that a significant number of building and other works done on the site had been done without planning permits,” Mr Morgan said.
“VCAT found that planning permits were required, which makes the works unlawful.”
Mr Morgan said Surf Coast Shire council would have to initiate a planning permit process, enabling residents to object.
“It puts in place a process where we can discuss amenity issues and have some controls imposed under a renewed planning process,” Mr Morgan said.
“The ruling confirms you cannot just build motocross tracks and make substantial changes without planning permits.
“We’ll seek legal advice on the next steps but Motorcycling Australia will have to apply for planning permits for what has been done so far.
“As part of that process we can talk about amenity, noise and controls on the operations of McAdam Park.”
Mr Morgan expected the process to include “careful analysis” of the noise impact on the surrounding community.
He said the process would enable resident to argue for limitations and guidelines on what was allowed on the site.
“At least we won’t have unbridled growth. We don’t want to shut McAdam Park down but we do want proper processes in place.”
Mr Morgan said VCAT also ruled that existing use rights only applied to two of three lots comprising the 120-hectare property.
“It was never clear what existing use rights there were and this has clarified the question.”
Mr Morgan said his group had experienced significant difficulties in obtaining information about the complex.
“I hope the communications process improves from this point on.”
A recorded message on McAdam Park’s information line said Motorcycling Australia had directed that the facility would be closed until March 1.