Sanders took to social media earlier this week to reveal the Yarra Ranges Shire Council had told his family to cease motocross activities at their apple orchard.

Sanders said he and his family have hosted motocross events at their farm since 1982 without interruption until the Council told them they had no existing use rights.

While training in Czechia, Sanders appeared on the Today Show where he pleaded for public support.

“It’s been a bit of a struggle,” said Sanders.

“It was about two years ago in 2023 they gave us a notice to close it down and to provide them with 15 years of evidence that it’s the existing right use.

“The family farm has been operating since 1976 there and we’ve been holding motorbike events since 1982, so we have 41 years of evidence.

“We showed the Shire and the Council this and unfortunately it wasn’t enough and they gave us the letter in July to say that they don’t accept our evidence that we’ve brought to the table.

“It’s a bit of a shock to the community because a lot of kids ride there and we have a lot of events there.

“It’s a really enjoyable property and we’re just an apple farm and we open the gates up to the local racers, the clubs, and we try to give back to the community and that’s where I grew up and raced.”

Sanders said the farm was instrumental in his development that culminated in winning the Dakar Rally. He said four or five events are held at the farm annually.

“It’s everything. If I didn’t have that farm and property and grew up there, there is no way I’d be where I am today. I wouldn’t be a Dakar winner,” he said.

“That is the grassroots of the sport and unfortunately there are not many areas around anymore that you can ride.

“It’s pretty upsetting that we’re just being shut down like that. I feel like we’re being unfairly treated here and I feel like we need to continue pushing to work with the Council and Shire to open the gates back up and gets the kids back on the bikes and the families.”

When a property is used for business activities, the property owner must have planning rights to do so and owners typically contact their Council to check that they can run their business.

If needed, said property owner can apply for planning permission. When a business has been operating for several years without a planning permit, they can apply through a certificate of compliance for existing use rights.

Speedcafe approached the Yarra Ranges Shire Council for comment, who explained in a statement that the Sanders family did not have a certificate of compliance for existing use rights and that the evidence provided was insufficient.

The Council said riding could continue at the farm but that commercial motorcycle activity, including events, was not allowed until they had the appropriate permission.

“Yarra Ranges Council has contacted representatives from the Sanders family to talk through their planning request to use their property for commercial motorcycle activities and to hold motorcycle events. The domestic use of motorcycle riding on this property is not impacted or restricted,” a statement read.

“Over the past two years Council officers have been liaising with the Sanders’ family after they submitted a planning request in October 2023 for a Certificate of Compliance for Existing Use Rights.

“The request was to enable the continued use of their property for motorcycle racetrack and commercial activities which have been taking place over several years.

“The property is currently registered as an agricultural use, and no planning application has ever been received to enable a motorcycle business to operate on the site.

“The evidential standards required to meet a planning request for ‘existing use rights’ is very high and requires documented evidence of continuous use of the activity on the land for a period of 15 years.

“These standards are high because once existing use rights have been established, there can be no further consideration on how the site operates and the offsite impacts, including amenity and environmental impacts, which is normally considered as part of the standard planning application process.”

The Yarra Ranges Shire Council said the evidence provided fell short of their benchmark.

Sanders could resolve the issue by taking it to VCAT (Victorian Civil and Administrative Tribunal) where his evidence may be looked at differently.

In his social media post, the off-road rider said he was looking for a “gun” VCAT and planning law expert.

“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,” the statement continued.

“This evidence can include a range of documents such as, records, leases, insurances, receipts, photographic and testimonial evidence.

“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.

“The level of evidence required by Council to approve this type of request needs to include documentation with dates, times and exact locations and the evidence needs to show the full 15 years that it is claimed that the business has been operating.

“Council is happy to continue liaising with the owners in relation to the types of documents that will assist with satisfying the level of information required by the Act.

“The owners have been advised that they can appeal Council’s decision at VCAT as VCAT allows for a different range of evidence to be used to support their request as testimonial evidence is acceptable at VCAT as it can be cross-examined and tested.”

Sanders won the Dakar Rally this year in his fifth attempt with KTM.