Torquay development to head to VCAT

THE Surf Coast Shire council may have to face the Victorian Civil and Administrative Tribunal (VCAT) for not deciding about a proposed $22 million Torquay development within the required timeframe, and the 3228 Residents Association (3228RA) wants to know why.
The original application for a planning permit, lodged in July 2019 on behalf of Baines Torquay, would transform the site at 85 Torquay Road into a six-theatre cinema with a total of 600 seats, a childcare facility for 130 children, a medical centre to accommodate up to 12 practitioners, a 7-Eleven service station, KFC and Zambrero restaurants, and a drive-through Bean Squeeze coffee shop.
The amended version submitted in May this year added a three-storey backpackers’ hotel with 56 rooms with associated restaurant and bar, as well as a single-storey children’s play centre.
The application received 57 submissions during the public exhibition period, with only two of those in favour.
Earlier this week, objectors – including 3228RA secretary Sue O’Shannessy – received a letter from Melbourne solicitors DWF on behalf of Baines Torquay, who advised they had applied for the matter to be reviewed at VCAT due to the council not resolving it within the 60-day limit.
A compulsory conference is scheduled for October 16, with a major case hearing set for December 14-18.
Ms O’Shannessy said 3228RA expected the application would be referred to VCAT.
“Our concern is this is a pretty major project and the Surf Coast Shire knew the amount of community concern, particularly for the poor people who live in the Lions Village – why wasn’t the decision made in the right time? Was it a lack of resources? We need to know why.
“I understand it’s very difficult to do it in 60 days but knowing how important this particular project and the outcome of the council’s decision would be, perhaps they could have allocated some resources to it.”
She said 3228RA did not oppose the overall proposal but had concerns about certain elements, including the hotel backing onto the Lions Village, hours of operation and the effect of lighting on neighbouring properties.
The council’s general manager of environment and development Ransce Salan said the application for 85 Geelong Road was “complex” and had “a high level of community interest”.
“In response to COVID-19 restrictions, Council provided twice as long as usual for interested people to view and make submissions on the amended application submitted in March. It also held a second hearing of submissions meeting by videoconference in June.
“Council decided more than 80 per cent of applications within the 60-day period in the previous financial year, however it is acceptable for some applications to take longer, to provide the community with the appropriate opportunity to be involved. It also provides the applicant with the chance to respond to issues as they arise and to allow for a considered and well-informed decision.”