At their 8th December council meeting councilors voted unanimously to accept the recommendation of the council officers to refuse to issue a permit for the proposed 34 unit development at 86-92 The Esplanade, Torquay.

Grounds of refusal:

1. The application fails to respond to the existing and preferred neighbourhood character as evidenced by a failure to comply with the requirements and objectives of clause 43.02 – Schedule 13 relating to site coverage and landscaping, height, setbacks, spacing and fencing.

2. The height, bulk, siting and lack of landscaping of the development is not responsive to policies related to built form which encourage an appropriate response to the character of the area, including Clause 15.01-1S, Clause 15.01-2S and Clause 21.08 – Torquay Jan Juc Strategy.

3. The application fails to satisfactorily respond to the objectives and standards of clause 55 including neighbourhood character, site coverage, front fences, solar access to open space, communal open space, deep soil areas, noise attenuation.

4. The application fails to provide a satisfactory level of internal amenity for future occupants due to excessive screening and obscure glazing, shadowing of open space and windows.

5. The application has not demonstrated that residential amenity will be protected from noise generated by the proposal, particularly noise from residents and vehicles using car parking areas located close to residential boundaries.

6. The application fails to provide evidence that the existing sewage easement and infrastructure can be relocated in accordance with Barwon Water requirements.