Carol Altmann – The Terrier

Look closely, this is the slow ruination of a public reserve by Lyndoch Living through ongoing, illegal parking with impunity.

They are photos of Scoborio Reserve, a public reserve on the north side of Lyndoch and the original site of the Warrnambool botanic gardens.

It is named in honour of a head gardener, Charles Scoborio.

It’s a place where a few remnant scraps of native vegetation cling to what used to be a rich habitat along the banks of the Hopkins River as part of the Peek Whurrong lands.

Yellow-crested black cockatoos, pink-chested galahs and nesting magpies still like to hang out there.

And now, bit by bit, it’s being lost to the expansion of Lyndoch.

Lyndoch is turning the eastern end into an unofficial staff car park because it has failed to ever provide enough staff and visitor parking on its own land.

The reserve is becoming a mud bath.

What was once a handful of cars has grown to 30 or more a day.

That’s because the opening of a mini medical clinic at Lyndoch and demolition work for the $22 million medical clinic has pushed scarce parking on site to breaking point.

Lyndoch has even had the gall to direct staff – in writing – to park on land that it doesn’t own because it couldn’t be bothered to find its own solution.

And what have the WCC officers done about it?

They haven’t, as you might expect, told Lyndoch to stop.

In fact they haven’t moved one inch to protect the reserve from this illegal activity.

No, what they have done is actually far worse than doing nothing: they are looking at ways to let it go on.

The council officers – NOT the elected councillors* – are busily working to solve a problem that is not their problem and are offering up a piece of public land in the process.

In other words, if Lyndoch breaks the law, the council doesn’t fine them, but bends to them.

What a disgrace.

I wish I could say this was a one off.

You may recall the large corporate sign that was installed on the side of Lyndoch last November without a council permit.

Seven months on, the permit application (lodged after The Terrier story) is still being processed.

The illegal sign is still there.

Lyndoch is also, as we speak, committing an offence under the State Planning and Environment Act by ignoring the permit conditions for its mini medical clinic.

Part of the permit issued by council staff (NOT councillors*) included a clear traffic and parking plan.

This plan has been completely ignored by Lyndoch ever since the clinic opened on 4 April.

Has anything happened as a consequence? Was the clinic forced to close immediately?

No, of course not.

And here comes the pub test.

All of these breaches are happening while the WCC chief of planning, Andrew Paton, sits on the Lyndoch board.

He is also a director of the Warrnambool Medical Clinic, a commercial, private company owned by Lyndoch that is driving the $22m project.

Former WCC Acting CEO and community services manager Vikki King is also deputy chair of a board chaired by the Lyndoch CEO and managed by Lyndoch.

How is it okay for senior council managers  – a chief planner and a former Acting CEO no less – to be anywhere near an organisation that requires multiple council approvals* as part of its expansion?

(You might also recall the secret talks between Lyndoch and the WCC about 18 months ago to sell off part of Scoborio for a childcare centre before exposure by The Terrier cut that off at the pass.)

The WCC says Mr Paton has declared a conflict of interest in all planning and applications from Lyndoch* and has not been involved in any decisions.

And Mr Paton, for his part, told me both positions he holds with Lyndoch are, “to date”, voluntary.

I have no doubt Mr Paton has acted with integrity, but that is not the point.

The question is, why would he put himself in that position in the first place and why would the WCC allow it?

If Mr Paton was a board member of a building company that was rolling out $100m worth of housing on Hopkins Rd hill, eyebrows would be up.

Why is it not the case here as Lyndoch rolls out a $100m masterplan*?

This is precisely the “wheels within wheels”, “who-you-know” rubbish that the people of Warrnambool are sick of.

We are all tired of doing the right thing – applying for permits, parking within the lines, paying our fines – while others sail past in the express lane of exemption and ruin public property in the process.

Insiders and outsiders.

As I wrote after the Schneider court victory, those days are done and it’s time for the WCC to end it, regardless of who is in charge.

* Not one part of Lyndoch’s $100m masterplan so far has gone to full council for approval by the elected councillors. Each part has been signed off by delegation.

Carol Altmann – The Terrier

UPDATED: All seven of the new Warrnambool City councillors are poised to step up and ban racehorse training on beaches west of Thunder Point.

[I have updated this story to include Cr Max Taylor, who has replied tonight.]

With the recent release of the council’s draft Wild Coast Landscape Management plan, they are in the box seat to do it.

And based on answers to questions I sent to all seven councillors last week, they are ready to put this long-running and ugly fight to an end.

If they don’t, the WCC might as well set up a vegetarian burger bar outside 25 Liebig St and sell steak sandwiches, such would be the hypocrisy in a management plan that is packed – at long last – with ways to protect the wild coast from Levy’s Beach to Spooky’s Beach from further harm.

For some reason the Warrnambool Racing Club – apparently in defiance of the changed mood of many local trainers – can’t seem to let Levy’s and Spooky’s go.

This is despite the demise of king-pin trainer Darren Weir, sustained community anger, no racehorse training on the beach for more than four years, a loss of social licence, and the absolute privilege of training at Lady Bay.

Despite all of this, the WRC, according to a recent media report, just keeps picking the scab.

The WRC keeps waving a red rag….it might still come back in and use Spooky’s beach….maybe it will, maybe it won’t.

For this, we can thank the majority of former councillors who ignored the wishes of the wider community, agreed to the law change, split the place open, and left behind another shit show for the new council to clean up.

Given we now have fresh eyes on this old headache, last week I asked our new councillors two simple questions: the first was whether they supported commercial racehorse training in the wild coast area.

Six of those who responded said no, they did not, or as Mayor Vicki Jellie put it, “absolutely not”.

(Cr Taylor responded after the deadline but tonight said he was opposed).

Cr Angie Paspaliaris said she was a WRC member, sponsor, and a race goer, but she, too, was “hesitant” to support racehorse training in the area, given the strong community opposition.

Seven out of seven, even including a “hesitant”, is a whopping turnaround.

I also asked the councillors a second question, which was whether they would support an amendment to change the planning rules to once again ban racehorse training in this area.

Four of the six who responded said a firm yes, they would.

Mayor Jellie went further, saying not only did she support changing the planning rules, she was asking WCC staff how it could be done.

Cr Paspaliaris said she would consider it, and Cr Blain said he thought the council saying no to racehorse training would be enough.

[You can read the councillors’ answers in full here.]

All of this is a big vote of support not only for the community’s wishes, but for the draft management plan.

This draft plan really gets it.

It sets out plans for CCTV cameras to catch hoons, for unofficial tracks to be closed off, for ravaged areas to be revegetated, for the indigenous community to be intimately involved in future decision making and management, for better dog walking controls, and for the wildness of this area to be preserved for future generations who, like us, will wonder how motorbike rallies were ever allowed at Tower Hill.

Yet tucked in the middle of this plan is the steak sandwich – the racehorse training that would allow up to 100 racehorses a day.

The experts who put this management plan together are powerless to change the law, but our new councillors can.

That time is now.

[You can read more about the wild coast plan and have a say until 30 March here.]

Q: Do you support commercial racehorse training in the wild coast precinct? 

Would you support the removal of the planning amendment which currently allows this activity and, if so, will you put forward a motion to request that the Planning Minister remove this amendment?

Mayor Vicki Jellie:

I do not support racehorse training in the wild coast precinct – absolutely not.

Yes, I would support the removal of the planning amendment and have made inquiries with associated WCC staff as to how this can occur, and have received options of how this can happen.

Deputy Mayor Richard Ziegeler:

I do NOT support commercial racehorse training on any of the beaches.
I support the removal of the amendment and would so vote.

Cr Otha Akoch:This issue of racehorse training on the beaches is not popular as far as community is concerned. As a councillor, I will go with the community in supporting the removal of the amendment.

Cr Debbie Arnott:  I do not support race horse training in the wild coast and I would support an amendment.

Cr Angie Paspaliaris: I have a responsibility to acknowledge the community’s unrest and opposition that commercial horse training at Levy’s/Spooky’s provokes, which means I am hesitant to support commercial horse training in the wild coast precinct.

I am a WRC member and sponsor, a race goer; as a Councillor, my balanced view is that it is not unreasonable to expect that the Warrnambool Racing Club has the capacity to adjust and adapt its approach and operations in order to address and respect the environment, community concerns, and a changing society.

I would consider an amendment.

Cr Ben Blain: “With the information presented to us currently on this issue, I couldn’t support this proposal.

I believe there would need to be more work done with all stakeholders in relation to any proposed changes of use in this precinct. As far as I am aware there is no active interest from trainers to use this precinct at the moment. I think the current arrangements in relation to horse training in other areas meet the trainers needs.

“I don’t see removing the planning amendment as necessary, if council aren’t supportive of the the proposal it won’t happen…even if the amendment was removed, the planning minister can always reinstate it if there is support for the proposal in the future.

Cr Max Taylor: I am against the training of racehorses at Levy’s Beach and west of there, including Spooky’s.

Carol Altmann – The Terrier

We call ourselves Australia’s most liveable city, but this is still happening to our coast.

Two years after a long, expensive and detailed plan was put in place to look after the wild terrain of Levy’s Beach, it’s still being trashed.

The illegal four wheel-driving still goes on.

Illegal rubbish dumping still goes on.

The illegal trail bike riding still goes on.

And there is still no answer from the Warrnambool City Council as to whether racehorse training will be allowed, because most councillors are paralysed with fear of making this an issue at the next election and more importantly, pissing off the powerful Warrnambool Racing Club.

Tip: it already is an election issue.

Another tip: with Weir and McLean now pre-occupied preparing their defence for serious charges of animal cruelty against racehorses, the other 99 per cent of the trainers have moved on and are content with Lady Bay.

When it comes to Levy’s beach and our part of the Belfast Coastal Reserve, the council is incapable of making a decision and it is incapable of managing the area.

It has utterly failed and, this time, it cannot claim it didn’t know what was happening “out there”.

They know what is happening and the best they can do is launch yet another bloody survey.

Another survey, for another plan.

Please, not another plan.

We already have a Warrnambool Coastal Management Plan 2013, a Green Warrnambool 2018 plan, a Warrnambool Coastal Vegetation Management Plan 2012, a Management Plan for the Levy’s Point Coastal Reserve from 1998, a Marine and Coastal Policy 2020, and – as mentioned above – the Belfast Coastal Reserve Management Plan from just two years ago.

Now we are being asked to fill out this new survey by 10 July and say what you REALLY, REALLY, think should happen at Levy’s Beach…

Bloody hell. It’s exhausting, particularly when some of us are still putting our eyeballs back in from telling the EPA what we think about the Wannon Water treatment plant upgrade that will pour industrial effluent into this same stretch of coast.

I am starting to think the WCC is secretly developing a form of psychological torture where they survey citizens into submission, call it consultation, ignore the results, do nothing, and then survey us all over again.

It’s called surveyconsultationitis and is designed to cause temporary insanity and physical exhaustion as we scroll through yet another Survey Monkey and click on the multiple choice.

By the end of it all, we will be gibbering like chimpanzees and that, I suspect, is the whole point.

While we are distracted by all of this “busy work” – as musician and activist John Schumann once described it – our coast continues to suffer.

It continues to be raped and pillaged by those who really don’t give a stuff, and they do so with impunity.

They don’t care: it’s all a bit of a laugh to go up there in your Toyota Hilux and shred the dunes for half an hour, because nobody’s watching and nobody is issuing any fines. More people are fined for parking too long in Liebig St.

The Belfast Coastal Reserve Management Plan promised this would change.

It promised that the council, Parks Victoria and various state bodies would all work together to protect this precious, wild coastline that is a victim of its isolation.

But the only thing that ever captured the immediate attention of all these bodies was the racehorse training: it was a top priority.

The council moved so fast in late 2018, it was almost as if it had a jigger on its arse: special meetings were held, Ministers were called, planning amendments were rushed through to make the illegal racehorse training that had been going on, legal…

Ah, the power of money.

We don’t need to fill out another survey because we have already spoken, many times: protect this area from any more degradation.

The council knows what it has to do.

Just do it.

Carol Altmann – The Terrier

You would think after a whopping 16 years as a Warrnambool City councillor that Cr Michael Neoh would know local rules and regulations inside and out, but it seems he has had something of a brain fade around his own family business.

That business is the Penang Alley restaurant at the back of Cr Neoh’s property on lower Liebig St, which opened on Boxing Day and has since operated without a mandatory grease trap, and an illegal back deck that fails to meet building standards.

Whoops!

How did that happen?

Well, part of it seems to be that Penang Alley mysteriously morphed from a ‘pop up’ to ‘permanent’.

When the fake grass and house brick pillars were being installed for the ‘pop up’ last November, I was contacted by competitors who were mightily miffed that a city councillor would set up a temporary cafe to catch the summer trade, when they had slogged it out all winter.

Would Cr Neoh need to install an expensive Wannon Water compliant grease trap like the rest of them, they asked?

And did all of the furnishings meet safety standards?

And how about the wooden deck tacked on to the back? Was it legal?

So many questions and, at the time, so few answers, in fact Cr Neoh – at that time – was also mightily miffed…at being asked to explain:

“The business will meet all the necessary requirements for the classified business,” was his only comment to me, via email.

That was in November.

Penang Alley is still there and, as it turns out, it has not met “all the necessary requirements”.

Finding this out has not been easy and has taken months of questions to the council by myself and the Warrnambool Ratepayers’ Association who, I discovered earlier this year, was also on the case.

The WRA finally got some answers, where I got none.

After two months of waiting, I was pretty much told by the council to contact the WRA and ask them for the responses.

(Around and around we go…)

The upshot to all of this pesky persistence, however, is that it was finally confirmed that a 600mm grease trap to catch all the crap was compulsory  – there wasn’t one – and the timber back deck – used by the public all summer – didn’t meet building standards.

In a word, it was illegal.

(Furnishings, surprisingly, don’t have to meet any health guidelines, other than being clean.)

The council told the WRA that these issues are being fixed.

But how did Cr Neoh, who has been on council since George W Bush was President of the United States, not know he was cutting corners?

And more the point, how did he get away with it?

Penang Alley is within a shoe toss of the council headquarters and fellow councillors (and most likely council staff) have hung out there.

I wouldn’t get away with it – I get WCC notices in the mail saying that I have 10 days to trim my garden bushes that have crept over the fence or the council will come and do it for me at my expense! Take that, daisy bush!

And you, most likely, wouldn’t get away with it either.

And this, let’s be honest, is what grates the most: the double standards, the two sets of rules, the sense that who you are determines what action is taken, or how fast it happens.

Nobody has an issue with a councillor opening a funky little eatery – go for it – but no wonder it has upset those who were forced to spend time and money doing the right thing from day one.

Yep, that’s enough to give anyone a bad case of entitlement indigestion.

I offered Cr Neoh another right of reply before running this piece. He has not taken it up.

I am tip toeing back into the Tip Jar. If you would like to see The Terrier keep digging, please throw what is affordable into the tip jar below. 

The Tip Jar