The Yarra Ranges Council has rejected over 40 years of evidence from the farm of world champion motorbike racer Daniel “Chucky” Sanders, after the family attempted to apply for existing use rights to hold commercial motorbike races.
The rejection has prompted the Sanders family to escalate the matter to the Victorian Civil and Administrative Tribunal (VCAT) to challenge the development and secure the farm’s right to continue its motorbiking legacy.
It came after the council banned commercial motorbike races on the farm due to the property being zoned for agricultural use, though domestic use of motorcycle riding wasn’t restricted.
Yarra Ranges mayor Cr Jim Child said in a statement the types of evidence provided weren’t varied enough and therefore didn’t meet the criteria for existing use rights.
“While the landowner has been able to supply some information to Council, this information has predominately been video and testimonial evidence in the form of statutory declarations.
“While it does appear that commercial motorcycle events have occurred on the land in some form and over some years, the documentation provided to date was not of a sufficient standard to satisfy the assessment requirements under Clause 63 of the planning scheme and the Planning and Environment Act 1987,” Cr Child said.
Home to the Dakar Rally winning, 16-time Enduro World champion Mr Sanders, the Sanders Apple Farm was established in 1976 and has hosted motorbike races since 1982.
A cornerstone of the motorbiking community, Mr Sanders said the farm has shaped his career and provided a safe place for thousands of locals to ride.
“For 40-plus years our family property in Three Bridges has been home to motorbike races, junior coaching, ride days, fundraisers and trail rides.
“A safe, legal place for locals to ride and one of the last private spots left in Australia for events like this,” Mr Sanders said.
By holding commercial motorbiking events, the Sanders Apple Farm Track has also helped bolster the family’s business and bring in money to the local economy.
Cr Child said the property had never submitted a planning application to host a commercial motorcycle business.
“Throughout the assessment for the existing use rights request, council had several discussions with the owner on the type and variety of evidence required to support the application.
“This evidence can include a range of documents such as, records, leases, insurances, receipts, photographic and testimonial evidence,” Cr Child said.
But, the Sanders family will appeal the decision in VCAT as it allows for a wider range of evidence.
In VCAT, evidence such as testimonials are allowed as these can be cross-examined to ensure its authenticity.
Federal Casey MP Aaron Violi expressed his support for the Sanders Apple Farm in a comment on Facebook.
“Hi Daniel, I’m so sorry to hear about this decision. This will undoubtedly have a huge impact on not only your family but our wider Yarra Ranges community.
“As our federal MP, local council and state planning decisions are not something I have jurisdiction over, however, you have my support and I will be raising this with the council today,” Mr Violi said.
Mr Sanders said the decision was a shock to the community.
“A lot of kids ride there, and we have a lot of events there. We try to give back to the community.”
“It’s everything, if I didn’t have that farm… there’s no way I’d be where I am today.”
