Council does not support application to subdivide land at Aireys Inlet

Published on Thursday 27 April, 2017

At its April meeting Surf Coast Shire Council resolved to refuse an application for the subdivision of land alongside the Painkalac Creek and Bambra Road in Aireys Inlet.

The site is located at 23-47 Bambra Road, and comprises three parcels of land totalling 48.35 hectares, as well as a creek reserve along the Painkalac Creek.

The site is used to graze horses and features open pasture along with a number of horse shelters and fenced paddocks.

In 1997 VCAT approved a three lot subdivision for the site. The permit was subject to a series of conditions which were contained within a Section 173 Agreement.

Amongst the conditions within the Section 173 Agreement are restrictions on development aimed at conserving natural flora and fauna and the protection of the views in the valley.

The current application seeks to remove clauses in the agreement that currently prohibit the further subdivision of the lots, restrict building wall height to three-metres and prohibit dogs on the site.

In addition to applying for amendments to the Section 173 Agreement the applicant made a concurrent planning permit application seeking approval to subdivide the land. An amendment to the Section 173 Agreement would be necessary before the planning permit application could proceed.

Surf Coast Shire Council CEO Keith Baillie said Council had resolved to refuse both the application to amend the Section 173 Agreement and the planning permit application in line with the strategic planning controls in the area and community sentiment.

“The Section 173 Agreement was developed to protect the environment and the significant viewscapes alongside the Painkalac Creek,” said Mr Baillie.

“The agreement was put in place in recognition that the Painkalac Valley is fundamental to the amenity and character of Aireys Inlet as well as being an important wildlife corridor,” he said.

The importance of the valley’s open landscape is further endorsed in the Aireys Inlet Eastern View Structure Plan which Council adopted for inclusion in the planning scheme in 2016.

“The intent of the Section 173 Agreement view was very much endorsed by the community during the exhibition period for the current application,” he said.

The application to amend the Section 173 Agreement received a total of 120 objections, with one objection subsequently being withdrawn. Seven submissions supported the application.

The subdivision application received 98 objections, with one later being withdrawn. Three submissions were made in support of the application.

Mr Baillie said in reaching its decision the Council considered the large number of community submissions opposing the applications and acknowledged community concerns over what was a complex planning process.