Update on 48 Unit Development on the Esplanade

The latest from VCAT - the expected conference on 14 September did not proceed - see below. The next hearing is on 31st October.

Practice day Hearing

Date - 31st October 2018

Commencement time - 10.00

Duration - 3 hours

Location - 55 King St, Melbourne

1           The compulsory conference scheduled for 2:00pm on 14 September 2018 and the hearing scheduled for four days commencing at 10:00am on 31 October 2018, are vacated. 

2           This proceeding is listed for a practice day hearing in accordance with the details set out in item A above. Any changes to the hearing details will be notified by further order of the Tribunal.

1           VCAT will publish a detailed schedule of hearing times and room numbers on its website at www.vcat.vic.gov.au at about 5pm the day before the hearing. As this hearing may be listed to a later time on the day, possibly in the afternoon, parties should consult the detailed schedule.

2           The purpose of this practice day hearing is:

·           To determine whether a cultural heritage management plan under the Aboriginal Heritage Act 2006 and the Aboriginal Heritage Regulations 2007 is required.

3           Parties should attend the practice day hearing with all evidence and documents which they intend to rely upon in support of their position as to whether a cultural heritage management plan is required.

4           By not later than 5 business days before the date listed for the hearing, each party must file with the Tribunal and serve on the other parties a copy of each document and statement of the evidence or report of each witness, whether that witness be an expert or a lay witness, on which that party intends to rely at the hearing not yet filed and served.

Preliminary Aboriginal heritage test

5           By no later than (17 October 2018), the Applicant may, if it wishes prepare a preliminary Aboriginal heritage test (a PAHT) in respect of the activity under section 49B of the Aboriginal Heritage Act 2006 and file with the Tribunal a full copy of the certification of that test issued by the Secretary under section 49C of the Aboriginal Heritage Act 2006

6           In the event that certification of a PAHT is provided to the Tribunal that a mandatory CHMP is not required for the proposed activity in the activity area in the planning permit application, the scheduled practice day hearing in item A above may be vacated. 


Proposed 48 Unit Development on The esplanade, Torquay

A proposed development on the Esplanade opposite Fisho’s looks very large. Plans show 48 units, over 4 allotments and over 3 levels above natural ground. 

The committee of 3228RA is concerned that the proposal does not conform with the Surf Coast Shire Planning Scheme. 

A summary of non-conformity is given below.

·         Height above 7.5 metres and not justified against the guidelines.

·         Higher density than intended for Housing Area 2 and more aligned with Housing Area 1              which is located south of Beach Road. The proposed site is north of Beach road.

·         The site has high visual impact from the street and from the foreshore.

·         The proposal has low permeability, in both site coverage and in visual amenity from the              street and foreshore.

·         Low architectural articulation and appears ‘massive’, ‘bulky’ and ‘boxy’ which does not                fit with the design guidelines for this location.

If you are concerned about any aspect of this development you have until until May 4th to send a submission. You can check the plans and fill in a submission form by following the link  -


Helipad Decision Delayed

The application for a Helipad on a property in Commbes Road has been deferred.

From the council Minutes: An application has been received to allow the use of the land as a helicopter landing and departure site to accommodate three helicopters. There are no buildings and works proposed as the helicopters are able to depart and land from the existing concrete pad adjacent to the existing shed/hanger. The application underwent notification in accordance with the Planning and Environment Act 1987.

Forty eight objections and one submission in support being received.

Key issues included:  Helicopters used for commercial use  Number and frequency of movements  Noise – disturbance to residents  Breach of privacy  Safety issues  Disturbance to the environment (animals/farming production/water quality)  Urbanisation of the rural area  Use of Torquay airport as an alternative  The use of the site for emergency and agricultural purposes  Hours of operation. 

Decision: On the third different motion there was a resolution - 

Council Resolution MOVED Cr Margot Smith, Seconded Cr Libby Coker That Council decides to defer its decision on planning application No. 17/0376 to enable further information to be provided and to consider this application at the next ordinary meeting.




At the last council meeting of the Surf Coast Shire for 2017,  councilors voted on the recommendations of council officers in response to the submissions to the Torquay Town Centre Project.
Councilor Rose Hodge put forward an alternative motion for 3 storeys, not the 4 storeys recommended by council officers. Councilor Martin Duke seconded the motion and all councilors present ( Councilor McKiterick was not present) voted unanimously for the amended motion.
Several councilors spoke about the need to listen to the community and thanked them for taking the time to get involved. 
We want to thank the councilors for listening but just as importantly we want to thank all those people who submitted submissions, distributed or signed petitions and sent emails to councilors - our efforts have been rewarded. 
This is just the start of a long process but for now we can enjoy a small win.

We will be back in the New Year - have a Great Christmas.

Decision on Torquay Town Centre Plan on 12th December.

At their last meeting for this year on Tuesday 12th December, Surf Coast Shire councilors will be voting on an ammended plan for the Torquay Town Centre. 

On the 22nd of November, committee members Helen Torley and Samala Bouvier presented our petition, to restrict buildings in the Town Centre to 3 storeys, to the Surf Coast Shire. The petition had 1597 signatories and we hope that councilors take note of the overwhelming opposition from the community to 4 & 5 storey buildings when making decisions about the future of the Town Centre.

The Agenda for next Tuesday's meeting should be available on the afternoon of Friday 8th on the Surf Coast Shire website  - https://www.surfcoast.vic.gov.au/My_Council/Council_Meeting and you will be able to see what council officers are recommending. 


3228RA requested that council extend the submission period for the draft Torquay Town Centre Plan. If you haven't already done so you can make a submission up until 24th October. 

Information about the Plan is still available on the Surf Coast Shire link - https://www.surfcoastconversations.com.au

Unfortunately you can no longer use the submission form on the shire's website and your submission must now be made by email to - info@surfcoast.gov.au  ( don't forget your name and contact details) or in writing. Submissions can be dropped off at the shire offices or mailed to

Torquay Town Centre Project,

C/- Sally Conway, Project Manager,

Surf Coast Shire Council,

PO Box 350, Torquay VIC 3228

Contact us at info@3228ra.org if you need any assistance with your submission.




Responsible Pet Ownership

Surf Coast Shire  is seeking your input to help develop the Domestic Animal Management Plan (DAMP) 2017-21. The DAMP will guide behaviour and actions in the management of cats and dogs.

Whether you’re an animal owner or not, we want you to let us know your views on what is responsible pet ownership. Have you come across any challenges with cats and dogs in your community? What are some of the issues you face?

Did you know you can have your say by completing  a survey, which will collect information on issues such as microchipping, registrations, lost animals, barking dogs and animal complaints. The survey closes on Monday 18 September at 9am and  can be completed by going to the link


A community workshop will be held Thursday 21 September at Council office, Torquay from 5.30pm. Interested in attending? you need to register on the Surf coast Shire website.

Upcoming Council Elections

Local council elections will be conducted in October. The election for Surf Coast Shire will be a postal election and Ballot packs will be mailed to enrolled voters (on State electoral Role)  from the 4th October. 
Each voter is sent a ballot pack that contains voting instructions, candidate statements and indications of preferences, ballot paper(s), and envelopes for returning the completed ballot paper(s). The completed ballot material must be in the mail or hand delivered to the ReturningOfficer by 6.00pm on Friday the 21st October.
Voting is compulsory for people who are on the State electoral roll within the council area. Voters aged 70 years or over at the time of the election to be automatically excused if they do not vote. The penalty for failing to vote is currently set at $78.00 for the 2016 for the local government elections 2016.  
A Candidate information session will be held at Surf Coast Shire offices at 6.300pm on the 12th of September
To nominate as a candidate you must complete a nomination form and lodge it, together with the $250 nomination fee, in person with the Returning Officer during business house from Thursday 15th September until 12 noon on Tuesday 20th September at shop 1, 103 Great Ocean Rd, Anglesea.