Cypress Lane

Submissions are now open


Have your say

There are two submission processes:

1. Planning permit application

2. Intent to discontinue road and sell land

We know there is community interest about the proposed development. These two community consultation opportunities - which are required to run separately - are being carried out prior to a decision about the sale of land, which will be considered by Council in June and/or July.

Frequently asked questions

What is being proposed at Cypress Lane?

Council has received an amended planning permit application for the development of a retirement village on the land shown below. The application is for a registered retirement village pursuant to section 9 of the Retirement Villages Act 1986 (Vic).

The development is contained in planning permit application 21/0333, which is publicly available via our ePlanning Portal. The development includes construction of a clubhouse, 120 independent living units, 16 one-bed apartments, 60 two-bed apartments, swimming pool and gym. 

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Why is Cypress Lane and part of reserve number 3 being requested to be purchased by the developer?

The planning permit application received by Council incorporates Cypress Lane and a portion of public land, known as reserve number 3. The portion of reserve number 3 and Cypress Lane proposed to be sold is shown in the below map. The planning permit application shows how these portions of land are intended to be used.

Given these areas are proposed to be incorporated into the development, Council now needs to consider whether it will discontinue the road and sell portion of reserve number 3. We are now seeking feedback from the community on both matters.

Cypress Lane covers 8,849m2. The portion of reserve number 3 proposed to be sold is approximately 1,790m2.

The total area of the development is 65,075m2 (6.5074 hectares) (including Cypress Lane and the relevant portion of reserve number 3).

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Will I lose access to Deep Creek?

Deep Creek will still be accessible via Jetti Lane and Piper Lane.

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Why is the consultation for the proposed discontinuance of the road and sale of the land happening at the same time as the planning application?

The two processes are separate processes and are being advertised at the same time so people can provide input on the proposed discontinuance and sale of land, and/or the planning permit application.

The potential discontinuance and sale is conditional on the land being used for a retirement village. It will also only proceed if proponent Coombes Road Pty Ltd’s planning permit is approved by Council.

Given the two processes are conditional on each other, being advertised concurrently provides transparency. It also enables the community to view and comment on the full picture when providing feedback on the respective matters.

Feedback will help inform Council prior to a decision about the sale of land and the subsequent planning application, which will be considered by Council in June and/or July.

Will Council consider how the development will impact the land?

Yes, the assessment of the planning permit application will include an assessment of the proposal against the relevant provisions of the Surf Coast Planning Scheme, including built form, access, car parking, native vegetation, landscaping and stormwater.


How will Council ensure the land is used as a retirement village?

The potential sale of land is conditional on the land being used as housing for seniors or people with a disability, as per the February 2022 Council resolution.

As the planning application has been made for a retirement village, it will be governed by the rules within the Retirement Villages Act (1986). Council may also consider adding additional requirements within a proposed 173 Agreement to ensure the land is used in accordance with any approved permit.


How can the community be assured that stormwater runoff from the development into Deep Creek will be appropriately managed?

Council is committed to ensuring stormwater discharging from the site meets the performance objectives for stormwater quality as contained in the Urban Stormwater - Best Practice Environmental Management Guidelines.

The methodology for treatment will be assessed during the design stage, if a planning permit is issued. Installation will be supervised during the construction stage, if a planning permit is issued. Council would also enter into an agreement with the developer to ensure ongoing maintenance of the treatment system.


Has Council undertaken an environmental study to ascertain the impact on the native wildlife on the reserve and the health of the creek?

Council has not yet undertaken an environmental study to ascertain the impact on native wildlife on the reserve and health of the creek. This will be considered as part of the assessment of the planning application.

Why is Council in support of public open space (green space) being used for a private commercial development?

While the portion of reserve number three and the road reserve is the subject of the proposed sale, the majority and overall balance of land for the development is privately-owned. The land is zoned ‘low density residential’ and under the zoning, a permit is required to use and develop the land for a retirement village. There is no need to rezone this land for this type of use.

A request has been made for the discontinuance and sale of land, which Council needs to consider. Council has provided in-principle support and declared its intent to sell the land (which includes community consultation).

Council will consider the planning application and request to discontinue and sell the land on their merits, including listening to what submitters and the applicant have to say.

Can anyone offer to purchase Cypress Lane or the reserve?

Council will only consider selling Council owned land to abutting/adjoining landowners. 

Is there an agreement with the developer?

There is no signed agreement between the Council and the applicant.

How will Council determine the value of the land intended to be sold?

The sale of the land must be valued by a licensed valuer at market value and this will be the basis of the consideration.

How do I have my say?

People can visit  this Cypress Lane Your Say page to make an online submission on:

  • the proposed road discontinuance and sale of land (submissions close 7 April)


  • the planning permit application (on public exhibition until 31 March).

Submissions on the proposed road discontinuance and sale of land, and/or the planning permit application, can also be made in writing to:

Surf Coast Shire Council
PO Box 350
Torquay VIC 3228

Or emailed to:

Submitters will also have the option to present at a Hearing of Submissions.

When will a final decision be made?

The community consultation period will include Hearing of Submissions, which gives submitters an opportunity to present to Council. The Hearing of Submissions is scheduled for May 2023.

Input from the community consultation period will be incorporated into two reports, to be considered in June and/or July at a Council meeting(s), when Council will determine the planning application outcome and the discontinuance of the road and sale decision respectively.


Where can I find out more about the development?

The planning application 21/0333 is publicly available online via our ePlanning Portal.

People can also visit our Council office (1 Merrijig Drive, Torquay) to view in-person.