Lot owner queries wetlands removal

A LOT owner in a proposed Torquay housing estate is looking for answers after the wetland to be built next to their future home was deleted from the plans.

The Surf Coast Shire council approved the development plan for the Briody Drive West estate in December 2017.

Located to the north-west of St Therese Catholic Primary School, the land for the 32-hectare estate is bounded by Messmate Road to the west, Grossmans Road to the south, Illawong Drive to the east and Briody Drive to the north.

The estate’s 2017 development plan shows two wetlands would be built as drainage basins, on the east and west side.

Torquay artist Nick Morris put a deposit on a block facing the proposed wetland to the east in February 2021.

“We bought that particular block due to the fact that it had a wetland reserve backing onto the north side of the block we purchased,” he said.

“We have planned our whole house around the views of the wetland at substantial cost and even changed the crossover at our expense to work in with the plan.

“In fact we were initially going to buy the block to the south of this one as it was bigger, but when we made aware the block to the north would back onto the reserve, we just had to have that block.”

Earlier this year, Mr Morris said he discovered, during talks with the shire’s planning department, the developer had amended their plans to now “do away with the wetlands [to the east] and do some sort of underground catchment and fill the area with more housing blocks”, and the shire had no grounds to refuse the change.

“Of course we are gutted and would never have bought this block if this were the case,” he said

“The developer sold us one plan and since we settled has gone and changed that plan altogether.

“The land has already settled and we have signed with Enso to build our house.”

The estate is not yet on public exhibition but Mr Morris said the shire had told him this could occur in the next four to six weeks.

In response to questions, the shire’s then-general manager of environment and development Ransce Salan said the Briody Drive West Development Plan, when it was approved in 2017, incorporated a drainage basin reserve at the eastern end of Briody Drive.

“Council is currently assessing an amended version of the plan submitted for approval. However, it has not yet been considered formally by Council at a Council meeting as there are a number of issues to be resolved with the applicant.

“When considered satisfactory for exhibition, an amended development plan would be placed on public exhibition and Council would consider submissions.

“Development Plans are not subject to third party appeal rights but those directly affected, e.g. landowners within the estate, can make submissions and appeal Council’s decision.

“At this stage no revisions to the development plan have been publicly exhibited or approved by Council.

“It is the responsibility of both vendors and purchasers to undertake the requisite due diligence when selling and purchasing land and to recognise that revisions to a development plan can occur after initial approval.”