Field & Game Bendigo Inc. v Greater Bendigo CC [2011] VCAT 1640

Judgment (5 paragraphs)

[1]

The application also sought amendments to condition 13. The condition does not allow camping to occur on site. Camping is a prohibited activity under the zone control. However, Ms Hogan explains that the Field and Game seek to have condition 13 modified to allow the use of the clubrooms for accommodation for a limited number of people during two day events. It seems that during those events valuable equipment is kept in the clubhouse and the people staying overnight provide security against theft of misuse of firearms.
The site is covered by the Wildfire Management Overlay. Given this, the application was forwarded to the Country Fire Authority [CFA]. The CFA express the view that given the clubhouse is be used for accommodation, albeit for a limited number of days, none the less such use would give rise to the need to provide a 10000 litre static water supply on the land for fire fighting purposes. The CFA has also suggested other conditions which require fire management measures such as clearing vegetation to be implemented through additional permit conditions.
There is some doubt as to whether the CFA is a formal referral authority under the WMO. The provisions of the WMO come into play with respect to proposals for development; not the use of land. The use of the land for accommodation for a limited number of people for security purposes during two day event would be infrequent. It could be regarded as an ancillary component of the use of the land rather than a new use in its own right.
To the extent that buildings and works are proposed, this is limited to the new acoustic wall recommended by Mr Burton. Quite sensibly, the CFA has suggested that the wall be constructed in non-combustible material. This is appropriate given the site's location within a WMO area.
In any event, in correspondence submitted pursuant to directions which I gave after the hearing, Field and Game advises that it no longer wishes to pursue any changes to condition 13. Given this, it is no longer proposed to use the land for any form of accommodation.

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Judgment (5 paragraphs)

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Field & Game Bendigo Inc. v Greater Bendigo CC [2011] VCAT 1640 (26 August 2011)