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RESOLUTION

MOVED: Councillor Gilligan

SECONDED: Councillor Keerie

That Council issue a Notice of Refusal for a 14 Lot Subdivision and Native Vegetation Removal at 89 Beach Parade, Sandy Point, on the following grounds:

1. The proposal is inconsistent with Clause 11 Settlement,12 Environmental and Landscape Values, 13 Environmental Risk and Amenity, and Clause 15 Built Environment and Heritage of the South Gippsland Planning Scheme.

2. The proposal fails to adequately address the objectives and decision guidelines of the Township Zone, Environmental Significance Overlay – Schedule 7 and the Design and Development Overlay – Schedule 3 of the South Gippsland Planning Scheme.

3. The proposal fails to consider and properly address the impacts of future climatic conditions in relation to access concerns specifically raised by the West Gippsland Catchment Management Authority.

4. The proposal fails to adequately respond to the constraints and opportunities of the subject land and immediate surroundings resulting in an unacceptable neighbourhood character outcome.

5. The proposal fails to resolve matters relating to impact on roadside vegetation in provision of defendable space and vehicle access and as a result will likely not achieve an orderly planning outcome.

6. The proposal fails to adequately address issues relating to effluent management and stormwater management.

CARRIED

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CONSULTATION / COMMUNITY ENGAGEMENT The application was advertised to adjoining and adjacent owners and occupiers, plus a site notice displayed on the subject site. Fifty-one submissions were received (there were some submitters who made multiple submissions). Emerging themes included concerns regarding the loss of the existing caravan park, removal of vegetation, impact on the character and appearance of the township, and traffic and parking concerns. ….. The permit application has not been modified in light of the submissions.

The Delegation Report for this application can be accessed here. It gives a detailed explanation of these grounds for refusal.

What happens next?

The applicant now has three options …

1. to have the decision reviewed by VCAT. The application for review must be accompanied by a Statement of Grounds.

2. to abandon the sub-division

3. to re-apply to SGSC with a new proposal

Update September 2023.

The permit applicant has now applied to have VCAT review Council’s decision. The Sandy Point Community Group will now become a party to this matter, and has lodged a Statement of Grounds to the Tribunal.