VCAT upholds rejection of Esplanade apartments

A PLAN to build a three-storey apartment complex on Torquay’s foreshore has been knocked back by the Victorian Civil and Administrative Tribunal (VCAT) for the second time.

Amerl Industries Pty Ltd sought a planning permit for the complex with 33 apartments and an underground car park across four blocks of land at 86-92 The Esplanade.

The Surf Coast Shire council refused to grant a permit in December 2020 on six grounds, including a failure to comply with the requirements and objectives of the relevant Design and Development Overlay on site coverage and landscaping, height, setbacks and fencing, and that the application also failed to respond to the existing and preferred neighbourhood character.

The proponents challenged the refusal at VCAT, with hearings taking place in June and July, but tribunal member Jane Tait sided with the council in her decision, handed down on Monday this week.

“I find the built form will dominate this section of The Esplanade that faces the foreshore reserve and will unreasonably impact the amenity of neighbouring properties,” Ms Tait wrote in her decision.

Nearby resident David Merrett was the lead objector to Amerl Industries’ application, and applauded the ruling.

“We’re a very happy group of neighbours that VCAT saw it our way, and that no matter how deep your pockets are, you can put together a good argument and get a good hearing on it,” he said.

He said that strip of The Esplanade was generally two storeys in height, and the nearby Wyndham Resort, a three-storey building, was inconsistent with the neighbourhood’s character.

“The applicant’s reference to the Wyndham as an example of how a larger site can accommodate higher development really wasn’t accepted by the tribunal.”

VCAT previously rejected an application for a similar complex on the same site in 2019 for not having a cultural heritage management plan.

Mr Merrett, who has been following the issue since early 2018, said the council should introduce a mandatory two-storey height limit along that part of The Esplanade.

“As neighbours, we acknowledge that land’s going to be developed at some point in time, whether it’s block by block or some larger proposal, but we just want it to be consistent with the planning scheme, like everyone else has to do.”