MILDURA Council will have the power to compulsorily acquire two parcels of land where stage 2 of the Mildura South Regional Sporting Precinct (MSRSP) is to be built, should a direct market purchase approach fail.
Councillors last week adopted a planning amendment that will allow the council to buy adjoining properties in Deakin Avenue after Planning Panels Victoria (PPV) supported the proposal.
The move was opposed by the two landowners on the basis that it was unfair, likely to cause the landowners financial and other loss and would result in planning blight.
The council, while acknowledging potential economic impacts on the landowners, considered that the environmental, economic and social impacts of the amendment were positive and would generate a net community benefit.
PPV said it acknowledged the concerns of landholders that the council may not acquire the land for some time, particularly if the need for purchase was linked to a substantial population threshold being reached within the Mildura South growth area.
It said that based on current growth rates, it could take more than 20 years to reach a population requiring a regional- level recreation facility.
However, the panel said it was persuaded that was not the council’s intention, but rather it was working expeditiously to apply the Public Acquisition Overlay and acquire the land so that it could deliver stage 2 in the near term.
PPV said it considered the community need for the precinct was well established and, while there may be some impacts on the landowners, these would be outweighed by the wider public benefit.
The vote came just a day after the Victorian Government announced it would fund the remaining $10 million for completing stage 2 of the overall project.
Councillors were told that full development of the MSRSP (stage 2), including development of a second oval and appropriate expansion, would necessitate acquisition of the remaining two parcels of private land.
The council formally resolved to prepare an amendment in February this year to introduce a Public Acquisition Overlay (PAO) on the land, which was authorised by the Victorian Planning Minister in March.
Following exhibition of the amendment in May and June, four submissions were received — three providing support or no comment and one from the subject landowner objecting to the amendment.
Council community general manager Martin Hawson said the objecting submission from the landowner, while supporting market price purchase of the land, did not want the amendment to proceed and thereby enact the compulsory purchase.
Mr Hawson said that as the council had to continue to progress the amendment and was not in a position to agree to the landowners’ request, in July the council adopted the recommended position and asked the Planning Minister to appoint an independent panel to consider submissions.
He said the panel supported the application of the PAO as “an appropriate and sound planning response to the identified strategic direction for the precinct and site”.
The council has indicated to the landowner its willingness to effect a market purchase.
Councillors were told that should a market purchase prove unsuccessful, once the amendment was approved and gazetted, the council would be able to start a compulsory purchase process.
