Statement from Council regarding the use of land in Campbells Creek
Published on 23 May 2024
Mount Alexander Shire Council officers met with Ms Meyers at her property in Campbells Creek on Friday 17 May. Council staff held further discussions with Ms Meyers and Mr Muller on Tuesday 21 May.
The meeting at the property confirmed new structures have been built since March 2024, and the collective facilities established cannot be considered camping due to the permanence of the infrastructure.
Ms Meyers and Mr Muller currently do not have a permit nor permission to camp on the site, or for any of the structures on-site. This is a concern for Council with regards to State Government planning and building legislation, and Council’s General Local Law requirements.
Concerningly, Council has identified a number of issues related to potentially unsafe structures on the land which are being followed up to ensure they are safe for occupation.
Discussion with Ms Meyers and Mr Muller have reconfirmed the constraints and requirements under State Government planning legislation for the land which has assisted them with any proposed plans for the site.
Council is hopeful that Ms Meyers and Mr Muller will act to respond to the concerns raised by staff for the vision they have set out. Council staff actively work to assist residents to address planning and building enforcement matters, that result in most cases, is a permit being granted in line with the planning and building legislation.
Council will continue to support Ms Meyers and Mr Muller by sharing information on options for their immediate housing needs by November, and continue to advise what is possible on their land in Campbells Creek.
Members of the local community and beyond have provided feedback to Council. While feedback is welcomed, Council would like to remind people that inflammatory, offensive, abusive and disrespectful behavior directed towards Council staff members, including threats of physical violence will not be tolerated, and where necessary, reported to police for investigation.
To provide context - land purchased within Victoria including Mount Alexander Shire is subject to rules and regulations that outline how that land can be used. Landowners may face restrictions on how they use or develop the land based on a number of factors.
The following rules and regulations apply to the land purchased by Ms Meyers and Mr Muller:
- The block is zoned for farming, which restricts certain uses, including camping
- There is a creek within close proximity to the property, which requires consideration of environmental impacts
- The property falls within an area of Aboriginal Cultural Sensitivity, which places further responsibilities upon the landholder
- The block is surrounded by the Castlemaine Diggings National Park and falls within a Bushfire Management Overlay. This means the land is considered 'high-risk' and a planning permit is required to ensure bushfire risk is considered and bushfire protection measures are in place
- There is no formal access point or road to and from the block, which is a requirement of State legislation to ensure legal access including for emergency services.
All of these factors combine in providing challenges for Ms Meyers and Mr Muller in continuing to live on an ongoing basis on the land.
These rules and restrictions on the land use in Campbells Creek have been communicated to Ms Meyers and Mr Muller on multiple occasions, and began in 2021.
Council has been in discussion with them since that date, and our advice has been consistent - their use of the land in Campbells Creek does not meet State Government Planning legislation and Council’s General Local Law requirements.
We understand that it is a challenging time for many people regarding housing across our shire, regional Victoria and also across the country.
Where Council can influence decision-making to increase affordable housing, we are doing so.
Last year we changed our local law to increase the amount of time people can camp on private property where there is an existing dwelling without a permit.
In addition, we have allocated several parcels of Council-land for new affordable homes, and are working with community housing providers to progress this. We are hopeful this will result in more affordable homes for residents who need them in the long-term.
We have also allocated $500,000 in our 2024/2025 draft budget for the establishment of a new affordable housing initiative, the Mount Alexander Affordable Housing Trust.
This will be a charitable organisation set-up by Council to provide permanent housing solutions for the Mount Alexander Shire community.
We are also working closely with housing support agencies locally on existing affordable housing initiatives, and will continue to advocate for more affordable housing in our community.
These actions highlight our concern and commitment to address the affordable housing crisis locally.