By AIDAN KNIGHT
BAW Baw Shire Council has come under fire from the Walhalla community, shortly after completing its landslip repair project in December, following the 2022 storm events that severely impacted the area.
Concerns have been raised over whether council breached its own heritage planning laws following the 2024 installation of a concrete slab, while simultaneously taking action against individuals within the community for breaches of the same heritage planning guidelines.
The slab was poured in December 2024 to serve as the base for a replacement picnic bench in a grassed area, which locals point out already possessed existing infrastructure, and the greater township boasted 22 picnic tables before this.
Under the Walhalla heritage controls, residents say concrete surfaces are not permitted in favour of treatments such as asphalt or stone that are more in keeping with the town’s historic character.
In response to complaints, council planning staff pointed to clause 62.02-1 of the Baw Baw Planning Scheme, which provides an exemption for building work for the estimated cost of $1000 or less, carried out by or on behalf of a municipality.
The effect of relying on this clause is that the works are treated as exempt from normal planning rules and heritage assessment, including the Heritage Overlay that applies to Walhalla.
Residents say the use of concrete at the site is inconsistent with those controls, and point to earlier works in the same area – including concrete footpaths installed by the shire in 2008 – which they claim were also non-compliant.
Michael Leaney, proprietor of the Walhalla Star Hotel and community advocate, has had extensive correspondence with the shire regarding this issue and others dating back as far as 2008.
Mr Leaney has had letters to the editor published in both the Express and the Warragul Drouin Gazette on a similar (connected) issue relating to the aforementioned park benches. It should be noted that Mr Leaney is a former Baw Baw councillor and mayor, and as such is well versed in council communications practices. Mr Leaney has not worked with council since his term as mayor ended in 2022.
Mr Leaney says he first raised concerns with council on October 31, 2024, providing photographs “the day the concrete was poured” and advising officers that “you can’t do this” under the Walhalla planning scheme.
He says both the Walhalla & Mountain Rivers Tourism group and Walhalla Heritage League share his view that the use of concrete at the site is inconsistent with those controls, and point to earlier works in the same area – including concrete footpaths installed by the shire in 2008 – which they claim were also non-compliant.
Mr Leaney told the Express that despite lodging an initial complaint about “illegal works in Walhalla” in late 2024, it was not until June 13, 2025 that he received a substantive written response outlining a proposed fix.
In that June response, council officer Dan Hammond advised that he had met another community representative, “Rob at Stringers Park”, and that “The good news is that [we] have come to an agreement and a plan to move forward. The pads will be surfaced with a black wearing material below the new tables …”, so as to retain the ‘dated’ look as much as possible.
However, Mr Leaney says he was neither contacted nor invited to that meeting, despite being the original complainant and having been told he would be kept informed.
Baw Baw Shire Director of Community Infrastructure, James Robinson, was approached for comment by the Express last week.
“All works have been completed in accordance with planning regulations,” he maintained.
“The completed works did not require a permit, nor were they subject to assessment under the Heritage Overlay or other planning controls. Council remains in close contact with the Walhalla community during planning and delivery of improvement works and has made some minor changes to align with community feedback.”
Mr Leaney also disputes council’s claim to have remained “in close contact” with the Walhalla community during the works.
“They just fail to even respond … they told me they remain in close contact with the Walhalla community, but they didn’t even include me in any response,” Mr Leaney said.
It is Mr Leaney’s view that council is holding residents to higher standards than themselves, and having informed council ahead of the concrete installation, does not value their admission of error.
“The shire should comply with its own rules,” he went on to say.
“Otherwise, why should anyone else? It’s hardly the attitude of an organisation that’s meant to be driving the World Heritage Listings for Walhalla, to ignore the heritage.”
He says emails and phone calls seeking further information and updates were either ignored or met with significant delay.
The Walhalla area falls under the zoning of the East Ward of Baw Baw Shire, represented by councillors Brendan Kingwill, Adam Sheehan and Kate Wilson (mayor).
The Express attempted to reach Cr Kingwill for comment, but received no reply.
Internal correspondence seen by the Express appears to show council officers acknowledging that the concrete treatment was a mistake and that alternative surfacing should have been used.
Other internal emails canvassed options such as asphalt or an “asphalt-look” product to cover the concrete bases, while noting that remedial works near the southern carpark and toilet block would be “more challenging due to height difference.”
The issue has renewed debate around whether councils should be subject to the same planning controls they enforce on residents, particularly in towns with heritage overlays. Where relatively small changes to streetscapes can have significant visual and cultural impact.
Mr Leaney (and the groups he represents) say that until council is required to follow its own heritage rules in practice – not just in policy – confidence in local planning decisions in Walhalla will remain low.
