The council voted 4-3 at a special meeting on Monday night to allow horses to resume training.

Chief executive officer Bruce Anson said there was queries from the community about the legality of allowing the horses on the beach under the Warrnambool Planning Scheme’s regulations. 

“A group believe that our planning scheme doesn't permit the commercial training of horses on the area,” he said.

“The second view is that ministers aren’t bound by planning schemes, so if you look at the legislation, they can put a hospital or school wherever they want.

“There is a question as to whether it’s a ministerial decision in relation to the Levy's Belfast coast plan which is to allow the commercial training of horses.

“We are getting legal advice seeking details.

“It's unprecedented this question.”

Mr Anson said if the legal advice came back and it was found to be illegal, the council would look at other options.

“Council will have to look to put an amendment to the planning scheme,” he said.

“At this stage there is no advice one way or the other.

“If we have the advice that says it’s fine, things will proceed, then if it’s not council will look at what to do next.”

Mr Anson said there was a rush to find a resolution as soon the horses would not be allowed on Lady Bay.

“I think the issue is that horses finish training on Lady Bay at the end of November,” he said.

“Also at the next council meeting neither councillors Michael Neoh nor Kylie Gaston (who are running in the November state government election and will step down from council duties) will be there.

“I think all councillors should be involved in the decision making. Obviously they split their vote, so it's an important issue to the community. Perhaps it could have been delayed, but if it had of come up in November not all councillors would have been in the room.” 

Belfast Coastal Reserve Action Group are vehemently against racehorses on the region’s beaches.

Members packed the public gallery on Monday’s night with cries of “shame, shame” ringing out from the vocal group when the meeting finished.