A manager at North East Water has failed to win approval from Victoria's planning tribunal for a subdivision of a site that once gave refuge to champion racehorse Phar Lap.
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Guy Wilson-Browne had taken his former employer Greater Geelong Council to the Victorian Civil and Administrative Tribunal after it rejected his plan to create a two-lot subdivision on the grounds it would have "serious negative character consequences".
The site was once home to a house stud with one of its trees named after Phar Lap because that was where the 1930 Melbourne Cup champion secured sanctuary after beating a shooting on Derby Day that year.
VCAT senior member Rachel Naylor heard two days of evidence last September before giving her decision this month.
Mr Wilson-Browne had through his planning representative Brendan O'Loan argued that relevant guidelines for subdivisions had more than 20 dot points with no mention of neighbourhood character and a state planning act did not refer to it.
"The planning scheme is not to be read in a manner whereby it is necessary to count the number of times a relevant consideration is specifically identified in order to determine its significance or relevance," Ms Naylor stated.
"It is only necessary for the planning scheme to identify a relevant consideration once for it to be a matter that a planning application must have regard to, and for the decision maker to consider in deciding whether to grant planning permission."
Ms Naylor also noted the racing connection with the Phar Lap tree linked to the burial of thoroughbreds.
However, she stated that because the council and Heritage Victoria had not expressed concern about unacceptable impacts on the tree, its status was not a factor in her decision.
Drainage and stormwater management were more of a concern with Ms Naylor pointing to issues with flooding and and run-off works.
Neighbour Kevin Neville, who along other nearby residents aired their concerns to VCAT, welcomed the rejection of the subdivision.
"Her decision made it pretty clear the infrastructure was inadequate," Mr Neville said.
"It's just the wrong property to subdivide and we've always been indicating that and it's taken five years for this decision to be made.
"We're very, very happy, it's taken a huge toll on the neighbourhood, many people have put in a lot of work and time and it's affected people's health."
Mr Wilson-Browne declined to comment about the matter to The Border Mail.
He was appointed general manager planning and infrastructure for the Wodonga-based North East Water in late 2022 after having been director city services at Greater Geelong Council.
