Appeal rights divide emerges in Sands fight

THE proponents of a bid to increase housing at The Sands will have defined appeal rights if their application is rejected, but residents who oppose the proposal may have no equivalent avenue if it is approved.

Put forward by Central Real Capital, the proposal consists of an amendment to The Sands’ comprehensive development plan (CDP) to allow additional housing, alongside separate planning applications for a 21-lot subdivision and nine townhouse development on the resort’s tennis court site.

Community interest in the proposal was evident at a Surf Coast Shire information session on Wednesday, with about 60 people filling the council chambers in Torquay North and another 40 joining online.

Speaking at the meeting, the shire’s principal planner, Ben Schmied, outlined how the amendment would be assessed and what review rights would be available to different parties.

He said if the amendment application was rejected, the applicant could seek a review through the Victorian Civil and Administrative Tribunal or submit an alternative amendment.

But if the amendment was approved, there were no general appeal rights available to people who had made submissions on the proposal.

Schmied said appeal rights were limited because the amendment was not subject to formal notice requirements under the planning framework.

“The owner, user or developer of the land directly affected by the matter” could seek a review, he said.

Schmied said the applicant would be considered directly affected, but it was an open question whether any of the submitters would qualify.

“We’re not legal experts, so we can’t provide you with that sort of exact advice,” he said.

“We encourage you to get your own advice to understand whether that’s correct.”

 

Schmied said the shire was not required to publicly exhibit the amendment but had chosen to do so because of the level of community interest.

There have been about 170 submissions lodged on the amendment.

The shire will hold a hearing of submissions on 7 July before councillors determine their position on the proposed amendment on 28 July.

If the amendment is rejected, the associated planning applications will not proceed to assessment.

If it is approved, the planning applications for the subdivision and townhouse development will be assessed separately at a later date.

The shire’s manager of planning and compliance, Rob Wandell, said the volume of submissions would not itself determine the outcome.

“We’re well aware of the number of objectors and we’ve heard you loud and clear,” he said.

“We take the view that it’s not really about the number but the nature of objections.”

General manager of placemaking and environment Chris Pike said the council was obliged to consider any planning application lodged with it.

“Anyone is entitled to put in a planning application about any use of land in the shire, and council has an obligation to consider it,” he said.

Although the formal exhibition period has closed, Pike said submissions to the CDP would be accepted right up until the council debated the issue.

Following questions from residents, he said he would ask councillors to consider making the hearing of submissions meeting available both in person and online.