Development dispute holds up land titles in Torquay

THE developers of Quay 2 and the Surf Coast Shire council are at odds about the delivery of infrastructure in the Torquay North estate, leaving some landholders unable to get certificates of title until the dispute is resolved.
Intrapac Property says the delays are because the council has repeatedly changed its stance about who would deliver landscaping in the estate and a new intersection on the Surf Coast Highway, but the council says it is now “exploring alternative approaches”.
Nearly 100 titles across four stages of Quay 2 are affected by the dispute.
In a letter sent to landholders last week, Intrapac chief operating officer Maxwell Shifman stated that “despite our best efforts to resolve these issues on your behalf through negotiation, these matters remain at a standstill”.
“Unfortunately, in both cases the council’s position has changed over time and their current stance takes no account of their obligations to assist in ensuring these works are completed.”
Mr Shifman stated the council took more than 12 months to provide landscaping approval for the major parks and drainage reserve in Quay 2 and was now “refusing to release titles for further stages until the works are complete”.
“There is no reason why these matters should be connected.”
However, he stated approvals were now in place and Intrapac hoped to complete the works by July.
The planning permit for Quay 2 includes a requirement to construct traffic lights at the intersection of Coombes Road and the Surf Coast Highway, creating a new entrance to the estate.
Mr Shifman stated Intrapac was “on the verge of receiving formal approval from VicRoads” for the intersection to build it ahead of schedule when the council indicated it would build the intersection and formally took responsibility for the project in February 2019.
“Intrapac were also asked to apply to amend our planning permit to remove the conditions relating to the delivery of the intersection as they were no longer necessary for Quay 2. We immediately submitted this amended planning permit application as requested by council. However, this plan was never approved.
“Instead, the council wrote back to us in July 2019, notifying us that their position had changed again and that we would be required to continue delivering the new intersection in line with our existing permit.”
He stated the council’s actions had created direct and indirect delays that had set its construction program back by 12 to 15 months, and that landholders should “make their thoughts known” to their ward councillors.
In response to questions from the Surf Coast Times, a council spokesperson said the council was “committed to assisting purchasers of the Quay 2 development to access their titles as quickly as possible”.
“Council is reviewing the timing of the infrastructure requirements on the planning permit and exploring alternative approaches. The alternatives may need interim traffic arrangements to be implemented to avoid potential impacts of the Quay 2 development on residents outside the development who also need to be considered.
“Council is waiting on further information from the developer to understand the likely timeframes for the intersection works and interim arrangements.”
Speaking to this newspaper on Tuesday, Mr Shifman said it was disappointing that the council had been slow to react.
“It’s only when we escalated it to the residents that the council has realised there were other stakeholders involved.”