We’ve received numerous comments and emails from residents as to the failure of both Council, the MRC and/or Trustees to ensure that the terms of the ‘agreement’ are adhered to – especially in terms of ACCESS to the Racecourse. Time after time gates, which are supposed to be open from 9.30 to sunset are locked. Not good enough! What has council been doing to ensure that access is available? Why is this situation being allowed to drag on for years and years? Why has there been no public comment from this council demanding that all terms of the agreement are met – especially the removal of fences and access.
We’ve revisited the January 2011 VCAT decision on the 7 lot subdivision and note that the member made explicit comments as to the Section 173 ‘agreement’ regarding access. It is now 14 months later and residents still cannot enter the racecourse as determined. Why has council allowed such a situation to continue? Here are some extracts from the decision –
“Prior to the issue of a Statement of Compliance, the owner of Lot 5 must enter into a section 173 agreement which provides that public access across Lot 5 to the entrance to the tunnel to the centre of the racecourse must be provided to the satisfaction of the responsible authority.
The Tribunal understands that it is the Trustees of the Crown Land that set conditions relating to public access to the Centre of the Caulfield Racecourse and whilst the MRC has control over its own land that abuts the racecourse, as well as occupying the Centre of the Racecourse, it does not control or set in place the conditions for public access to the Crown Land. MRC can therefore only control access over its land from Glen Eira Road to the entrance to the Tunnel.
The Club will reconfigure all horse movement to enable the tunnel from Glen Eira Road to be open 9.30am to sunset.
Public access to the Centre will be provided as follows.
On all days excluding scheduled race days and 10 event days as above:
a. by vehicle through the Tunnel from Glen Eira Road
b. by a footpath created in the tunnel from Glen Eira Road – the footpath will be separated from the vehicle pathway by post-and- rail fence with the tunnel having enhanced lighting
c. by the pedestrian tunnel from the Guineas car park
d. by new surface pedestrian access from Glen Huntly Park across the race tracks into precinct 4 by providing gates or gaps in all the rails. The Club reserves the right to modify, suspend or change access after consultation with the Council in the event of damage to the racing surface
e. by foot via the existing gate from Queen’s Avenue
On all days excluding 3 scheduled race days and 10 event days as above:
a. by vehicle through the tunnel from Glen Eira Road
b. by a footpath created in the tunnel from Glen Eira Road – the footpath will be separated from the vehicle pathway by post-and- rail fence with the tunnel having enhanced lighting.
All the above applies up to 352 days per year as above, 9.30am – sunset, as set pout in section 2.1.
The improvements in a – e above will be established by the MRC within 3 months of this agreement being executed subject to formal planning approval, the Trustees approval and Public Land Manager consent.
The Responsible Authority agreed that MRC’s recommendation of the entering into of a section 173 agreement between MRC, as owner of lot 5 and the Responsible Authority would allow for an assurance that public access would continue to be available over this portion of land.
In particular the entering into of a section 173 agreement that is required to be placed on the title to lot 5 will ensure that public access can be continued in this location.
Source: http://www.austlii.edu.au/au/cases/vic/VCAT/2012/104.html
Glen Eira Debates 
March 27, 2013 at 12:38 PM
There’s no reason to expect this pathetic council to do anything that might rile the mrc except bring out a 5 year too late position statement that is being totally ignored or ridiculed.
March 27, 2013 at 12:42 PM
Unless the Trustees specifically authorise the MRC to act on their behalf in all matters (not just day to day management of the Caulfield Racecourse Reserve), Council should not be talking to the MRC. Council should only be talking to the Trustees. The Trustees are responsible for management of the reserve and it’s up to the Trustees to hold their tennant, the MRC, accountable.
It’s time the Trustees were held accountable for the management of the Caulfield Racecourse Reserve – crown land valued at over $16b. For starters they should end their secrecy by making public full details of the management responsibilities they have handed to the MRC. This, of course, is unlikely to happen as it will reveal to all how inept the Trustees are and that it’s time management of this valuable crown land was brought into this century.
March 27, 2013 at 1:58 PM
Is it true that some trustees are renting crown land to themselves to run their business?
March 27, 2013 at 2:09 PM
Correct. Mr Symons is on the MRC board as chairman, plus heavily involved with Aquinita training. We quote –
“In addition to his full time involvement with Canterbury Partners, Mike is Chairman of the Melbourne Racing Club and a director of Aquanita Racing. His passions outside of work are his family, friends, thoroughbred racing and golf.”
Source: http://www.canterburypartners.com.au/team_members/mike-symons/
March 27, 2013 at 2:18 PM
We omitted mentioning that Symons is also a Trustee! Wonder when leases are discussed whether or not he declares a conflict of interest? But since minutes are never available or the public invited we guess that we will never know!
March 27, 2013 at 2:22 PM
Bring on the royal commission
March 27, 2013 at 2:29 PM
I wonder if any Politicians’ have horses that are trained at Caulfield.
March 27, 2013 at 5:26 PM
If the MRC are not adhering to the Section 173 their planning permit is no longer valid. They are in breech the conditions. The Council is the policeman of planning conditions. A question to the Planning director should reveal if they are doing their job. Letters should already have been written about failure to comply.
March 27, 2013 at 6:28 PM
I’m sure we won’t see anything from Martin Pakula in Parliament explaining the repeated failures of the MRC to honour its Agreement and why that is not considered acting in “bad faith”. Sadly, it looks like Council won’t enforce the s173 Agreement, but it is open to anybody [with deep enough pockets and infinite patience] to apply to VCAT for an enforcement order. While it won’t happen, Council as Responsible Authority does have a Power of Entry, and it is an offence to obstruct them. A reasonable person might well consider the locked gate an obstruction.
March 27, 2013 at 6:51 PM
Queen’s avenue has looked like a pig sty apart from some minor pruning and that’s only because of race days trying to pretty up the place. It still looks like a disaster and that is entirely council’s responsibility. If I left my garden in the same state I’d get a fine. All Newton does is put up a gate to force people onto the road because it was Penhalluriack who raised the question of Queen’s avenue to begin with.
March 27, 2013 at 8:50 PM
There can be no excuse for Andrew Newton’s failure to keep the bike lane clear on the western side of Queens Ave. While I can understand he attaches great importance to keeping pedestrians and cyclists away from the Racecourse Reserve or from getting too close to the dilapidated WWII ex-army fence, if 4m is still too close then the road should be narrowed, not rely on vegetation overhanging the bike lane.
March 27, 2013 at 7:02 PM
Anybody else suspect that “Mick Price, Mick Price Racing” and “Colin Little, Colin Little Racing Stables” might have a vested interest in a particular outcome re land management at Caulfield Racecourse Reserve? Funny how being locked out of a reserve makes it hard to use. No explanation was forthcoming for the lack of money spent on making the centre an inviting place, or the degraded state the centre has been maintained in, or the explosion in number of barriers (literally), or the MRC’s public statements in support of relocation. In the words of Adam Hills, its “FU, F the lot of ya’s”.
March 27, 2013 at 8:00 PM
Two years down the track from the agreement and the only word to come out of council about keeping the agreement is to pour blame on the resident who was involved in this vcat appeal. Lipshutz Hyams Pilling and Esakoff and Newton are dead silent. They paved the way for this and now pretend that they give a damn about public access and good planning. Yes and double yes – bring on a full inquiry so that the whole dirty business and those involved can get their just desserts.
March 28, 2013 at 12:25 AM
Yes it is all a game of big pretenders…. give the residents hope with the usual press statement and lick and promise.. they come ot every year or two.
Remember the community which said how great it was all to be , but no bsll games or bicycles and definitely no bicycles now it’s ok for cars to go thru the tunnel officially on 352 days a year but of when you arrive you are confined by big double steel gates which are chained and padlocked all day and other traffic controls which prevent entry. It is the greatest game of charades I have ever participated in. There are press clippings from 2006 all talking about the same promises!!! One day justice will be obtained!l but note all the while year after year the community continues to subsidise the trainers. why should they be able to accommodate horses on the cheap land when most of them do not own their business premises and they pay peanuts for rent because the MRC controls Caulfield Racecourse Trustees and like hail and hearty chaps they make gentlemens’ agreements among themselves in the secret meetings… anyway how could anyone be expected to pay a higher Rates than MRC boss Mr Symon’s Co Aquinita Lodge pays for the premises which would give the residents of Victoria at least another playing area. Why not return to Epsom Frankston has big unemployment problems or go to Tynong and solv eemployment problems in Dandenong. Maybe the reiners could afford to buy their own training complexes just as they did in Caulfield until politicians gave away our land so as horses could be stabled on the Crown Land. The whole sage is nothing short of year after year robbery.
March 28, 2013 at 7:41 AM
With regards access to the race course via the tunnel at the roundabout (Cnr. Kambrook, Booran and Glen Eira Roads) that is to be used by residents and vehicles, the MRC and Council, needs to do a rethink. Sure the MRC have put in some PVC fencing to separate cars and pedestrians, however, they have done nothing about the dust and dirt that vehicles using the tunnel kick up and kick up in such quantities (even while travelling slowly) that raises serious questions about it’s suitability for pedestrian access.
And as for removing the WW2 deilapdated army fence on Queens Ave – ain’t gonna happen. How do I know – take a look at the solid black brush fencing the MRC has installed all around the tunnel access point (not previously fenced) and the supposed “new park” that was shamefully was exchanged for the triangle. This fencing makes no attempt to visually link the racecourse centre’s openness with the access point or the “new park” – instead the fence provides a stark reminder of the MRC’s persistent resistance to the public’s right of access.
March 28, 2013 at 2:40 PM
Caulfield Racecourse Reserve Trustees meeting
The next meeting of Trustees of the Caulfield Racecourse Reserve [CRR] will be held on Thursday 4 April 2013. What happened to the 27th?
March 28, 2013 at 3:41 PM
We can only assume that following Council’s announcement there has been a ‘rethink’ by the Trustees. Would be interesting to know if the agenda has changed in any way!
March 28, 2013 at 3:46 PM
Passover?
March 28, 2013 at 3:59 PM
Maybe our councillor delegates to Caulfield RACECOURSE TRUSTEES MEETING COULD ASK WHY THE GATES HAVE CHAINS ON THEM AND WHY THE NOTICE SAYING AREA CLOSED 2.30- 4 is still at all gates which contravenes the VCAT DIRECTION to open 352 days of the year from 9.30 till sunset.
March 28, 2013 at 4:07 PM
maybe the leader could take it up in the next issue then turn it around in such a way that the MRC is the vicitim and show lots of letters concerned for the trainers (whilst not publishing of those who would like ovals for sport). the gates work on magnets anyone know how to fiddle with them so we can get access as they are illegal anyway? Maybe we could lock the MRC out?
March 28, 2013 at 5:45 PM
The Leader did at least publish letters critical of the stance taken by MRC and trainers online. The ones in support of training remaining at Caulfield made those supporters sound like intemperate dills—which may have been the purpose of Andrea’s article.
I hope our Trustees record the meeting and publish a transcript. Lets see who declares a conflict of interest, and what the substantive arguments are for the Trustees’ decisions.
March 28, 2013 at 4:53 PM
I think that after what’s gone on in the past month the MRC will at some point come after Magee & Delahunty. They need to watch their backs. From inside council and out.
March 28, 2013 at 10:50 PM
I doubt that the MRC would lose sleep over a couple of councillors, or in fact all of thye councillors. The track is controlled by the Trustees and the MRC have the numbers. That is all that counts. The MRC don’t worry about a local paper slinging off at them. Tragic but true.
March 29, 2013 at 12:49 AM
KIt’s a secret why the meeting was cancelled and guess what this will be another secret meeting, b ut I’M TAKING BETS FOR MORE OF THE SAME!
WHAT DO YOU PUNTERS OUT THERE tHINK???????.
June 7, 2013 at 10:49 PM
Well, I’m not from Glen Eira, I’m from Port Phillip, but I had heard about the racetrack reserve and wanted to write about in my next guidebook. SO yesterday, it took my son to try and gain access. The only sign I found was on the pedestrian gate (closed) near the tunnel. As well as a BIG MRC sign saying no dogs till 430pm (But nothing to that effect on the council sign, so wasn’t sure which one applied?). Anyway, we went in and made our way through the dark, smelly and muddy tunnel (I would not have been brave enough to go by myself), got out the other side then figured our way over the track towards the picnic shelter and finally found our way into the main reserve, which was lovely once we got there. We were the only people there desite it being a lovely sunny afternoon. But you have to be brave and intrepid to get to it, which makes a laugh of the supposed improved access. I don’t see anything from MRC which is actively encouraging people to access and use the park. I had no idea until I read this either, that you are allowed to drive in. How do you get through the locked gates?
June 8, 2013 at 1:56 PM
According to MRC’s signage, public carparking and access to the centre should be available via Glen Eira Rd entrance 9:45am to Sunset “Everyday [sic] apart from race days and major events”. It does however have a caveat that it is “subject to change for track and park maintenance”.
About the best that can be done in the circumstances is follow MRC’s advice: “If gate is locked during access times contact the Reception (8.30am to 5.00pm Monday to Friday) on 9257 7200, for all other times, contact Security on 0406 424 500”.
Only the Trustees really know what authority MRC has been granted, and the Trustes aren’t keen on publicly documenting anything.