Unit Development on The Esplanade refused by council

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.

Statement of Planning Policy for Surf Coast Declared Area now available for comment.

Declared Area.

This is Option 2 which brings the town Boundary back to Duffields Rd. - We choose Option 2. It also shows where the other Town Boundaries will be.

Both options show areas of Substantional Change, Incremental Change and Minimal Change in Torquay and Jan Juc.

To help understand how this might affect where you live, here is a brief summary of what those terms mean:

Substantial Change - The areas of Substantial change are shown in purple and include Zeally Bay Rd through to Anderson St and parts of the Surf Coast Hwy. What is being proposed is a mandatory, maximum building height of 3 storeys and 11 metres.

“Proposal for the draft Surf Coast SPP

 Proposal 11: That a core residential consolidation area be provided for the area surrounding the Torquay Town Centre (generally fronting Zeally Bay Road, Anderson Street, the Surf Coast Highway and The Esplanade), and that it be identified as a substantial change area.

Proposed implementation action Action 13: That once the Surf Coast SPP is approved, existing planning provisions applying to Central Torquay be amended to provide: • a mandatory maximum building height of three storeys and 11 m • reduced building site coverage • new landscaping provisions to increase permeability and maintain the area’s landscape character.”

Incremental Change - medium purple area on the map including the rest of the Esplanade and most of the balance of Torquay/Jan Juc :

The Esplanade -” Proposed implementation action Action 15: That once the Surf Coast SPP is approved, existing planning provisions applying to The Esplanade be amended to provide: • a mandatory maximum building height of two storeys or 9 m • a preferred maximum building height of two storeys and 7.5 m • consistent private open space requirements

Most of the balance of Torquay/Jan Juc - “These areas should be rezoned to Neighbourhood Residential Zone —with a maximum building height of 9 m (two storeys) and retaining the existing Design and Development Overlays with a preferred building height of 7.5 m. Including additional private open space provisions in the Neighbourhood Residential Zone schedule can also be considered, so that they apply to developments that do not trigger a planning permit under the relevant Design and Development Overlay.

Minimal Change: light purple area - Proposal for the draft Surf Coast SPP Proposal 18: That the Strathmore Drive area be identified as a minimal change area.

Remaining low-density residential areas There are some low-density residential areas on the fringes of Torquay–Jan Juc in a Low Density Residential Zone and they should remain so.

For more technical information and information on making a submission go the the engage vic website -

www.engage.vic.gov.au/distinctive-areas-and-landscapes-program/surf-coast

Seven new Councilors for Surf Coast Shire

The recent council election in the Surf Coast Shire has seen 7 new councilors elected and 2 from the previous council re-elected.

In the Torquay ward Rose Hodge retained her position and is joined by Liz Pattison (who has been elected Deputy Mayor), Kate Gazzard and Paul Barker.

In the Winchelsea ward Heather Wellington has retained her position and is joined by Adrian Schonfelder.

In the Anglesea ward there are 2 new faces - Libby Stapleton, who has been elected Mayor for the next 12 months, and Mike Bodsworth.

With so many new faces there is an expectation that there will be an opportunity for more engagement with the community and more consideration of the social and environmental consequences when council makes decisions and more transparency.

Update on the 5 Storey Hotel

The scheduled VCAT Hearing on 10th November to hear the Applicant’s objection to the Surf coast Shire’s refusal of the application has been adjourned.

The Applicant requested the adjournment because he is experiencing financial difficulties and cannot afford to pay for his legal representation at this time.

Because the company which controlled the 2 vacant blocks in Geelong Rd ( vital to the development ) have been placed into administration, the mortgagor has listed the blocks for sale.

VCAT requested a teleconference hearing with all parties regarding the adjournment on the 30th October.

The VCAT member agreed to adjourn the merits hearing scheduled to start 10th Nov. citing Section 102 of the VCAT act. The applicant is to write to VCAT by 21st December 2020 advising at that point whether they are in a financial enough position to proceed with the hearing.

If the blocks are sold to someone who is not interested in progressing this development it can’t proceed.

Still time to HAVE YOUR SAY about the apartment complex on the Esplanade, Torquay

There are a few less apartments but his complex is still 3 storeys, which doesn’t comply with the Surf coast Shire Planning Scheme.

If you want to have your say you can send a submission to planningapps@surfcoast.vic.gov.au

The Application number is 20/0283. The address is 86-92 The Esplanade. You need to provide your name and contact details.

Surf Coast Shire Council Elections 2020

We are waiting for the results of the council elections. The results must be reported by the 13th of November but we may hear sooner.

The Lorne Ward had only 1 candidate so Gary Allen was elected unopposed.

Winchelsea Ward has 2 vacancies and was contested by 5 candidates -

Adrian Schondfelder, Jamie McIntyre, Kirsty Metcalf , Heather Wellington and Tony Phelps.

Anglesea Ward has 2 vacancies and was contested by 5 candidates -

Libby Stapleton, Liz Wood, Mike Bodsworth, Raylene Fordham and Tony Revell.

A video of the Candidates Forum, organised by 3228RA, for Winchelsea and Anglesea Wards can be viewed here - https://www.facebook.com/surfcoasttimes/videos/2790744097804257

Torquay Ward has 4 vacancies and was contested by 10 candidates -

Amber Potter, David Bell, Kate Gazzard, Liz Patterson, Monika Winston, Martin Duke, Maurice Cole, Paul Barker Rob Bullen and Rose Hodge.

A video of the Candidates Forum, organised by 3228RA, for Torquay Ward can be viewed here -

https://www.facebook.com/surfcoasttimes/videos/113209220385989

Conuncil Elections to Proceed as Planned

There has been some speculation in recent weeks that the Local Government elections due at the end of October would be delayed. The Minister for Local Government has now confirmed they will proceed.

The Timeline below shows some important dates.

Do you need to enrol to vote? you can find out how here - https://www.surfcoast.vic.gov.au/About-us/Council/Council-Elections-2020/Council-Elections-2020-Enrolment-Forms

Are you interested in becoming a Councilor? Find out more here at the VEC website - https://www.vec.vic.gov.au/candidates-and-parties/becoming-a-local-council-candidate

ELECTION TIMELINE

Close of Roll - 4 pm on Friday 28 August - People must be on the voters’ roll by this date to be eligible to vote at this election.

Nominations - 9 am Thursday 17 September to 12 noon Tuesday 22 September - Anyone wishing to stand as a candidate may submit their nomination between these dates.

Internal Council Caretaker Period Commences - 22 September

Mail out of ballot packs - Tuesday 6 to Thursday 8 October Ballot packs are distributed via post to every enrolled person in contested elections in a random order over three days.

Close of voting 24 October - 6 pm on Friday

Internal Council Caretaker Period Ends - 23 October

Deadline for inclusion of postal votes - 12 noon Friday 30 October

The Election Manager can accept postal votes received up to this time into the count. Only votes posted before the close of voting can be accepted.

Results declaration completed - Friday 13 November Latest date all results will be declared.

Community Engagement Consultation now open.

The Surf Coast Shire is calling for submissions on their draft Community Engagement Policy - “This policy outlines how we engage with the community; our principles and commitments to meaningful engagement processes, and our framework for selecting appropriate engagement methods. It also includes elements now required by the Local Government Act, including highlighting opportunities for deliberative engagement.”(from the SCS website)

To HAVE YOUR SAY go to -

https://www.surfcoast.vic.gov.au/About-us/Your-Say/Community-Engagement-Policy

Consultation closes 26th August 2020 at 5.00pm

Another VCAT case!

Update on the major development at 85 Geelong Rd, Torquay.

We have received notification that the developer of 85 Geelong Rd.(corner of Grossmans and Surf Coast Highway) are taking their application to VCAT as the Surf Coast Shire failed to make a decision on the application within the required time of 60 days.

Surf Coast Shire received the application on 20th March but it was not advertised until 40 days later – why did it take so long when they knew a decision had to be made in 60 days?

Council has failed in its responsibility to residents. The failure to provide enough resources to this major development proposal so it can be considered in the necessary timeline, is either deliberate, so council has the decision taken from them at VCAT, or is a systemic failure in resource allocations and priority.

The Surf Coast Shire has not made a decision yet so we don’t know if they will be going to VCAT.

There is a Compulsory conference scheduled for 16th October and a 5 day Case hearing from 14 -18th December 2020.

HAVE YOU SAY on Council Governance - Submissions extended to 6th August

There is a new  Local Government Act 2020 that was passed by the Victorian Parliament in March 2020,

The second stage of the implementation is currently underway, with a series of policy changes required to be completed by 1 September 2020. 

There is some concern about the draft policies and their impact on residents’ democratic rights and councilor’s ability to effectively represent their constituents.

We urge residents to have a look at the policies and make a submission on any or all of these policies by midnight on Thursday 30 July.

 Governance Rules(PDF, 2MB) (new policy)

 Local Law No. 2 – Common Seal and Miscellaneous Penalties(PDF, 179KB) (updated Local Law)

 Public Transparency Policy(PDF, 403KB) (new policy)

A Community Impact Statement(PDF, 124KB) has been prepared to assist the community in understanding the new Local Law, including likely impacts and how the Local Law complies/aligns with other legislation. A copy of the proposed Governance Rules, Local Law No. 2, Public Transparency Policy and Community Impact Statement are available by clicking the links above.