Shire losing more cases at tribunal

MORE than half the Surf Coast Shire planning decisions referred to the Victorian Civil and Administrative Tribunal have been overturned in the past financial year.

Of 13 planning applications referred to VCAT following a council decision, seven were overturned by the tribunal.

The authority upheld 80.95 per cent of the council’s decisions in 2017, but has increasingly overturned the council’s decisions in recent years.

Only 50 per cent of council planning decisions referred to VCAT were upheld in 2018, and that fell to 46.15 per cent in 2018-19.

But Surf Coast Shire Council environment and development general manager Ransce Salan said the council was not concerned because there was only “a very low level of decisions appealed”.

“Council’s focus is on working with applicants and objectors to resolve concerns amicably,” he said.

“There were 619 planning applications completed last year. The 13 appeals represent 2 per cent.”

The council’s performance statement said it was difficult to use the percentages as a reflection of the council’s performance due to the “variable nature of matters”.

Council decisions that were set aside by VCAT include a planning application for a home at 30 Beales St, Torquay, which was deemed by the council to not comply with neighbourhood character.

VCAT overruled the Beales St decision, requesting the developer make slight alterations.

A three-storey building was permitted for 42 The Esplanade, Torquay, after VCAT gave a green light for the project. It overruled the shire council, which had previously blocked the proposal amid concerns it was too tall and bulky.

The tribunal also overruled the council’s decisions on applications at 40 The Esplanade, Torquay, 14 Grove Rd, Lorne, 195 Clarkes Rd, Winchelsea, 930 Ingleby Rd, Winchelsea and 2C Gilbert St, Torquay.

Meanwhile, the developer of a proposed mega hotel at Torquay is taking its fight to VCAT.

Melbourne-based investment firm Barnes Capital wants to build a 16.9m-high hotel fronting 2-4 Geelong Rd, 48-50 Bell St and Lumley Close.

Surf Coast Shire unanimously rejected the plans — which featured 128 rooms, a 100-seat restaurant, conference facilities and retail outlets — in May.

It is understood a compulsory conference is scheduled for November 19 and, if an agreement isn’t reached, a hearing on February 24.