[2025] VCAT 1015
General information, not legal advice.
Victorian Civil and Administrative Tribunal
2025-11-17
Original judgment source is linked above.

An agricultural property used to provide accommodation for persons, away from their normal place of residence, to experience living on land used for agricultural purposes
Aerial image of the subject site (bordered in white) and immediate surrounds
Is the existing agricultural operation sufficient to provide a real host farm experience?
An agricultural property used to provide accommodation for persons, away from their normal place of residence, to experience living on land used for agricultural purposes.
Is a host farm on the site an acceptable outcome?
Lots 1, 2 and Road R1 on Plan of Subdivision 122911
To construct or carry out a building and works associated with a Section 2 use.
To construct a building or construct or carry out works.
To construct a building or construct or carry out works.
(a) A plan showing the full extent of the use including all of the land parcels to which the permit applies.
(b) A post and wire fence around the host farm cabin and associated waste water treatment area in order to protect these structures from cattle.
(c) Setbacks of the proposed building from the north and east boundaries of the lot in which it is located.
(d) The host farm building and all associated buildings and works, including the driveway and vehicle turning area to be wholly contained within Lot 2 PS211171L.
(e) The proposed materials and colours to be applied to the host farm building.
(a) All five lots and parcel Road R1 that comprise the subject site must be:
- clearly delineated in plan form; and
- specifically referenced in text form.
(b) Clearly set out all activities that guests are able to actively participate in.
(c) Set out that calf breeding and rearing forms part of the agricultural operation.
(d) Include a document date.
Once approved, the Operational Management Plan will be endorsed and must be implemented and maintained in perpetuity, as part of the use of the approved host farm, to the satisfaction of the Responsible Authority.
(a) are carried out generally in accordance with those set out in the Operational Management Plan; and
(b) continue to occur over all six land parcels referred to in this permit.
(a) building (cabin) must be removed from the land.
(b) use must cease.
Section 173 Agreement
(a) Implement measures of the endorsed Operational Management Plan.
(b) Should any of the five lots (Lot 1 on LP211171L, Lot 2 on LP211171L, Lot 1 on LP129097, Lot 1 on LP122911 and Lot 2 on LP122911) or Road R1 on title Volume 09156 Folio 939 be transferred to different ownership from one another, the host farm use must cease immediately upon transfer of any such lot and the host farm building (cabin) must be removed from the land within six months of such transfer.
(c) All costs associated with the drafting and registration of this Agreement on title, are to be borne by the permit holder.
This Agreement must be registered by the Applicant on title, prior to the commencement of the use of the host farm, pursuant to Section 181 of the Planning and Environment Act 1987.
(a) Transport of materials, goods or commodities to or from the land.
(b) Appearance of any buildings, works or materials.
(c) Emission of noise, artificial light, vibration, smell, fumes, dust, waste water or other waste products.
(a) The development is not completed within four years of the date of this permit.
(b) The use is not commenced within five years of the date of this permit.
In accordance with section 69 of the Planning and Environment Act 1987 (Vic), an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.
[1] The submissions of the parties, any supporting exhibits given at the hearing and the statements of grounds filed have all been considered in the determination of the proceeding. In accordance with the practice of the Tribunal, not all of this material will be cited or referred to in these reasons.
[2] Although the applicant said at the hearing that the land had been destocked at that time owing to drought conditions.
[3] The council's Preliminary matters submissions dated 18 September 2025
[4] Excluding Road R1 on Plan of Subdivision 122911.
[5] Except for part of the new driveway turning area for the new cabin.
[6] At paragraph 29 of the council's Preliminary matters submissions dated 18 September 2025.
[8] Blackney v Surf Coast SC & Ors [2013] VCAT 218.
[10] At clauses 11.01-1R, 14.01.1R and 14.01-1L.
[12] As required by VCAT Practice Note PNPE2.
[13] Burgess v Mornington Peninsula SC [2015] VCAT 465, Rose v Mornington Peninsula SC [2013] VCAT 38, Taras Nominees Pty Ltd v Mornington Peninsula SC [2012] VCAT 1889, Schiavello & Anor v Yarra Ranges SC [2009] VCAT 1237.
Gibb
Mornington Peninsula [2025] VCAT 1015