Descendants of Humphrey Dixon have challenged plans for retirement aged care living on land in Gisborne donated for community healthcare purposes.
Benetas has applied to remove building restrictions on the land for its project through a combined planning scheme amendment (C147macr) and planning permit.
The amendment seeks to rezone the land from its current Special Use Zone, Schedule 4 Private Hospital to General Residential Zone, and remove a restrictive covenant.
Humphrey Dixon donated the land for the former Gisborne and District Bush Nursing Hospital, which operated from 1958 to 1997.
Michael Dhillon told the Express his family, direct descendants of Mr Dixon, wanted the original intent for the land honoured.
“The possible rezoning is an affront to the gifting of a significant asset (intended) for ‘whole of community’ benefit,” he said.
“Should the land be rezoned, the current value of the land should be paid for by the developer and used for the greater Gisborne community. The value of that asset should be retained in some way. The intention was always that the land donation benefited as many people as possible: not a select few who can afford it.”
“Rezoning for Benetas’ benefit would create a disincentive for future community minded donations of significance. The 1950s was not that long ago.”
This is not the first time the Dixon family has faced this problem. They were among 18 families to donate land to their local school for use as a pine plantation and bird sanctuary in the 1920s.
As reported in the Express, that site has since been declared surplus to needs and referred to the Department of Transport and Planning to facilitate its sale. Community members are now calling for it to be returned to community use.
SUBMITTERS HEARD
Macedon Ranges Shire Council heard from submitters to the Benetas proposal at a Planning Delegated Committee meeting last week.
The application attracted 21 submissions with three in support and 18 objections. A majority of those objectors referenced the original intent of the Dixon land donation in their opposition.
Objector Phillipa Butler said it was “immoral to write-off the donation conditions on land that was given by a family that gave so much to the local community”.
“Retirement living is a popular model for commercial developments and there are any number of sites in Gisborne currently and within areas slated for development in New Gisborne that could house such a development.”
The covenant currently restricts the land to be used for the purposes of only a ‘hospital, nursing home or similar use’. It also establishes that the land can only be used as a ‘public park’ if the land was not used for a ‘hospital, nursing home or similar use’ within a 20-year time limit from the transfer in 1987. It also restricts any further subdivision, sale, transfer or otherwise method to dispose said land bounded by Robertson, Neal and Hamilton streets.
Supporters of the Benetas proposal spoke to a need for this type of development in the town and highlighted opportunities for community connection.
Andrew Gray was the town planning consultant acting for Benetas and addressed councillors last week.
“This site was formerly owned by Macedon Ranges Health, a community-based organisation, and the members had a vision to develop a senior living precinct on the Gisborne site that was also shared by Benetas, and was overwhelmingly supported by its members as part of the amalgamation in 2017,” he said.
“Allowing development of land for affordable retirement living and to provide an integrated retirement aged care facility will allow for ageing in place and the ability for residents to move from independent living to assisted living and into more comprehensive care as provided in the aged care facility.”
PROCESS SO FAR
The council received the Benetas application in August 2021, and in April 2023 sought authorisation from the Minster for Planning to prepare and exhibit the planning scheme amendment C147macr and planning permit PLN/2022/ 354.
Minister authorisation in March 2024 saw the combined amendment planning permit publicly exhibited for feedback in June/July.
The amendment was put on hold while a Cultural Heritage Management Plan was progressed with Wurundjeri Woi-Wurrung Cultural Heritage Aboriginal Corporation.
A large artefact scatter of more than 900 pieces is located registered within the property parcel.
The council was notified on March 19 that in-principle support was reached between the parties in relation to the CHMP.
The council is expected to determine the application in May.
