Community & Business
8 October, 2024
Neighbours angry over farm expansion
A LEGAL stoush between Tablelands Regional Council and Old Mates Farm is over, with the Planning and Environment Court signing off on new conditions for the expansion of the Upper Barron tourist facility, leaving neighbours feeling frustrated and angry that their piece of paradise has been lost.
Old Mates Farm owners Louise Livingstone and Tony Freeman appealed a decision made by the previous council in September last year that would have allowed for additional campsites, new buildings and facilities but restricted the farm from having any day visitors, only allowing 12 overnight visitors and a raft of other conditions the owners thought were “bizarre”.
Council’s conditions included undertaking major improvements to the single-lane Hemmings Lane including sealing 120m of the road, installing mirrors to improve sight lines, installing signage to instruct vehicles to give way at the bridge and vegetation slashing.
The farm would also have had to cease operations during the wet season. The conditions were based on concerns by Hemmings Lane neighbours who were also angry that the farm had been breaching the conditions of its original approval for years, with its website advertising 18 campsites that could potentially cater to 180 people in contrast to the original approval for only five campsites and 12 people.
Council wrote to the owners in December 2022 to “request” that they “limit the tourism use to the scale outlined in their existing development permit” and warned that if they failed to comply, enforcement action would be considered. The farm then closed its doors in April 2023, saying the operation was not economically viable with just 12 guests allowed.
Once the September 2023 decision was made, Ms Livingstone and Mr Freeman launched an appeal, claiming the conditions were “an unreasonable imposition on the development”. The matter progressed to mediation during which a new set of conditions were agreed upon that were recently sanctioned by the court and the council.
The new conditions allow the farm to host up to 74 overnight guests and up to 30 day visitors and also do not require the operation to cease during the wet season, but neighbours are sceptical that the farm will stick to those conditions given its past history. “Past behaviour is a great predictor of future behaviour so we have no confidence that the farm will adhere to the conditions that have been set,” neighbour Russell Lynch said.
“It’s a situation where the farm’s owners and guests will get the gain and we get all the pain – the neighbours will be the ones that pay the price for this business. “Who is going to enforce these conditions?” Hemmings Lane property owner Kirsten Veivers blames the new TRC council for allowing the conditions set in September last year by the previous council to be overturned.
“We are highly disgusted and disappointed in the new councillors and Mayor for overturning the last councillors’ decision to limit Old Mates Farm to 12 people per night to now being in the next stage towards a much larger operation down the track,” she said.
“We bought our parcel of land 10 years ago on a quiet little dirt road, where our kids could have somewhat of a laid-back country lifestyle as we did as children. With this new council, they have yet again forgot about the locals who reside in this countryside town for the want to have more tourism, tourism, and tourism.
“We are so quickly losing what the Tablelands is because of these types of decisions. Shame on the council.” Neighbour Nicola Daaboul said Hemmings Lane residents were “astonished” that the new TRC overturned the previous council’s decision and, in doing so, disregarded concerns and conditions imposed including some recommended in the original council officer’s report like the annual closure period during wet season and the restriction on vehicle length despite concerns raised in the Traffic Impact Assessment.
“There is also no solution provided for the dangerous bridge approaches other than to erect give-way signage,” she said.
“On several occasions we have reached out to the newly elected members and Mayor to voice our concerns and they have been ignored. “Much like the Malanda Igloo petition, our concerns were thrown aside and ignored. It’s worth noting the minutes of the last meeting called for an end to the appeal whatever it takes.” Ms Daaboul said one of the biggest concerns for residents was the likelihood that Old Mate’s Farm would breach the conditions now set down and there was no process to ensure enforcement of the conditions.
“As advertised on the OMF website, it is stated that their booking capacity is upwards of 196 persons over 18 camp sites and 3 cabins – this is well in excess of the approved conditions for 74 overnight guests. So how will council enforce it?” she said. “TRC and Old Mates Farm have shown us that it is better to ask for forgiveness than seek permission, it’s as though the rules don’t apply to them.
“One thing I can’t figure out, is after all this time and waste of ratepayers money, fighting the appeal in court, would they simply turn around and give them everything they wanted and more?”
The Express asked Mr Freeman to comment on the new conditions, including when the farm would re-open and how much the road upgrade would cost. He did not respond by deadline.
