Ann Killeen, standing at Indigo Shire Council’s figs tree park sign.
The subject of the ongoing dispute between a long-time Rutherglen resident, Indigo Shire Council and the development company Wodonga Syndicated Developments Pty Ltd over the approved subdivision at 144 Ready Street Rutherglen is in the hands of solicitors.
Rutherglen resident Ray Miller and his dog Izzi don’t enjoy the walk on Killeens Road as before the deep and wide drain appeared.
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The drainage intended to be implemented for the outfall drainage runs through Mrs Anne Killeen’s property at 20 Killeens Road Rutherglen and crosses what she firmly claims as the historical Lanarkshire gold lead at an estimated three places on her property.
“Indigo Shire Council has continued to deny the existence of this lead despite historical maps, books, title references, geo internet sites and written articles which support its existence,” she told The Free Press.
“This site has been subject to extensive deep lead mining in the late 1800s to the early 1900s and we therefore have requested that guidelines as stipulated by the EPA for known mined sites are followed as the risk to downstream landowners points to an ecological disaster through contamination via stormwater flows.”
Mrs Killeen maintains that one of the area’s most famous gold leads, the Lanarkshire, runs under properties in the area. “Council continues to deny its existence,” she said.
“The Lanarkshire Lead was the second gold lead discovered on the Rutherglen diggings that Rutherglen was founded on.
“We’ve always known the lead runs under our property – there are still remnants of mullock heaps from the workings on our block.
Long-time Rutherglen resident Ann Killeen, with excavation and piping work in the background.
“Despite all attempts to highlight this issue, the shire, to this day, refuses to confirm or acknowledge the existence of the mining lead within the residential development site.”
In February 2023, Indigo Shire Council approved a planning permit for a 59-lot subdivision at 144 Ready Street. Mrs Killeen has been involved in an ongoing dispute with council and the developers – Wodonga Syndicated Developments Pty Ltd – since that date.
She said the existence of the gold lead raises questions about site contamination and subsidence – both issues adjoining and nearby properties have experienced as a result of deep lead mining to 76 metres.
“The shire knew, or should have known, that the Lanarkshire lead is located fully within the development area before approving the planning permit,” she said.
“If the situation wasn’t so serious it would be funny as they even have a sign acknowledging its existence nearby in Fig Tree Park.
“Perhaps council’s engineering department should take a look and do a bit of local history research.”
Chairman of the Rutherglen Gold Battery committee Neville Wiggins said the Lanarkshire Mine lead was clearly evident on historical maps.
“It is documented and generationally known as the first area of the many diggings of 1860 and thereafter,” he said.
“Thousands descended on this area after the first week of gold being discovered.”
Council has raised the ire of local residents with the approval of a steep sided wide open roadside channel with potential high drainage flow volumes on the Rutherglen rural-residential road.
Excavation work has completely removed the roadside verge creating a major safety hazard for all the road reserve and roadway users.
The channel is to service the outflow drainage from the new residential housing estate being built on a greenfield site on the western side of the Rutherglen Park and golf club. The first construction stage of the development is now well underway.
The eastern road reserve in Killeens Road is used as a loop by residents and tourists for cycling, walking and including exercising of dogs and horses. It forms a connection to the new Rutherglen cycle loop.
Local resident Ray Miller who walks Killeens Road with his dog daily says the removal of this road verge will seriously affect the amenity and safety of nearby residents. “Pedestrians will be forced to walk on a dangerous 100 kph dirt roadway,” he said.
“How can this road be upgraded to serve future growth in the area with such a large and wide open table drain?” he asked.
Mrs Killeen and her adjacent and downstream neighbours are very concerned for the future health of all future residents living within this proposed residential development.
“Another difficulty that has been encountered in respect to acknowledgement of environmental and drainage issues associated with this site is the fact that the design engineers are part owners of this land, plus also own part of the company developing the site.
“One of the biggest errors made by council staff was ignoring the 2019 Environment Strategy plus the 2014 Drainage Report by GHD. These reports have been adopted by council. The development plan was approved in 2008 and it does not reflect the recommendations of these two major Indigo Shire reports.
“The design of the drainage ‘channel’ does not conform to the IDM road reserve design standards that have been adopted by council.”
The Free Press put a list of questions to Indigo Shire Council, including as hereunder, with a council spokesman’s answers:
Claims by residents the famous gold lead, the Lanarkshire, runs under properties in this area and potential effects on the residential development? Response: “Council investigated this when raised by the residents in May of last year. No records to which Council has access indicate any contamination of the land. Any newly discovered contamination is a matter for the EPA.”
When was the planning permit given by council for the 59-lot residential subdivision? What were the conditions imposed? Answer: “The planning permit was issued on 20/1/2023, and subsequently amended 31/5/2024.”
When approval was given, which authorities gave the green light subject to conditions? Response: “VicRoads, North East Water, AusNet services, APA Group, North East Catchment Management Authority, Goulburn Murray Water. While these are on file, they can’t be released as they are not public documents, and will need to go through FOI as they contain personal information. The conditions they required are in the permit. Internally, Council assets team also provided feedback.”
Please specify the EPA’s approval with what conditions? Response: “EPA is not an approving agency so didn’t have any role in approving the works or otherwise. They are also not a referral authority specified in the planning scheme, so they had no role in approval of the planning permit.”
Is council completely satisfied with all works happening with the residential subdivision and infrastructure? Answer: “There was an issue with inadequate environmental controls during some of the works. This was reported to and investigated by the EPA. Council is satisfied with where things are at currently. Council is currently resolving an issue with respect to table drain earthworks currently underway along Killeens Road, and encroachment onto the existing road formation. Council has issued direction to the developer to restore the gravel road profile to pre-development conditions with respect to the IDM and relevant planning overlay.”
Any other comments you might wish to make would also be appreciated. “As the application is an area covered by a development plan overlay, planning applications are exempt from public notice if they are generally in accordance with an approved development plan. A development plan was approved in March 2008, so the proposal was exempt from notice and review.”
