2 Sands Boulevard, Torquay

The proposed amendments to the Comprehensive Development Plan are to:

• Expand the areas of land designated for residential use and development into areas currently identified as golf course.
• Simplify the mix of residential land from the current 400 residential lots and 200 medium density lots to a combined 600 residential lots (of any density). The 100 residential hotel lots and the total of 700 lots is not changed.

Here is the concept plan for Golden Beach Residential and Golf Course Development, Torquay.

Surf Coast Shire Council-owned land is identified by red shading and Crown land is identify in light green. The roads within the estate are also Council-owned.

Clause 2.0 of Schedule 2 to the Comprehensive Development Zone (CDZ2) requires that the Comprehensive Development Plan must be generally in accordance with the Golden Beach Development Plan.  Other provisions of CDZ2 require matters such as subdivision to be generally in accordance with the Comprehensive Development Plan.  Decisions of the Victorian Civil and Administrative Tribunal have established principles for considering whether a proposal is generally in accordance:

General principles were outlined in Canet v Brimbank CC where the Tribunal stated that:

1. General accordance is a question of fact to be judged on the facts and circumstances of each case; and

1. The less detail and precision there is in the primary document or documents, the more flexibility is given by the phrase ‘generally in accordance with”. 

More recently Member Cook surmised in TAG-Doreen Pty Ltd v Whittlesea:

• general accordance is a question of fact to be determined in the circumstances of each case. The term itself contemplates some flexibility of application;
• for a proposed development to be generally in accordance with the relevant plan, it need not be identical to that described in the development or incorporated plan;
• The less detail and precision there is in the primary document/s, the more flexibility can be accorded to the term. The converse may also apply and this is a central issue in the proceeding;
• It is appropriate to consider the incorporated plan and development plan as a whole when making this assessment, including its language and intent. The assessment should not involve a ’spot the difference examination’ rather, it is a question of whether the departures are ‘sufficiently confined and otherwise acceptable having regard to the objectives, responses and plans comprising the ‘approved plan/s].

Source: Woolworths Ltd v Surf Coast SC [2017] VCAT 1029

These are not binding principles, but they are appropriately utilised in Council’s decision making and are likely to be applied by the Tribunal in any review application in which generally in accordance is a relevant matter.

No, an application to amend a Comprehensive Development Plan is not subject to statutory notice requirements under the Planning and Environment Act 1987.

However, Council is informing the owners and occupiers of land within the Comprehensive Development Zone Schedule 2 or that adjoins the land affected by the proposed amendments to the Comprehensive Development Plan of the application and providing public access to the application.

If you have any concerns that you want Council to consider, these must be submitted in writing before a decision is made on the application. Your concerns should relate to the planning merits of the application and should outline how you are affected.

Council will have regard to submissions received when making its decision.

You can email your submission to us at planningapps@surfcoast.vic.gov.au, mail it to PO Box 350, Torquay VIC 3228, or lodge it in person at 1 Merrijig Drive, Torquay.

Information in submissions received will be managed in accordance with the Privacy and Data Protection Act 2014 and the Privacy and Data Protection Policy (SC-031). Information received in submissions, other than personal information, may be shared with others, including the applicant.

Submitters were given the opportunity to present to councillors at a Hearing of Submissions on Tuesday 7 July.

Watch the recording of the meeting, with captions and a transcript available.

The application will be determined at a future Council meeting, scheduled for Tuesday 25 August at 6pm.

You can attend Council meetings in person at Council Chambers in Torquay, or you can tune in to a livestream or access a recording. 

Officers are carrying out a detailed assessment of the application against the Surf Coast Planning Scheme and Planning and Environment Act.

The assessment will be included in a report, which is set to be part of the Agenda for the 25 August Council meeting. The Agenda will be available online by 5pm on the Thursday before the meeting.

As this is not a planning permit application, the review rights under the Planning and Environment Act 1987 for objectors to a planning permit application are not applicable to this application.

Section 149 of the Planning and Environment Act 1987 provides that a specified person may apply for the review of a decision of the responsible authority to a matter if a planning scheme specifies that the matter must be done to the satisfaction, or must not be done without the consent or approval, of the responsible authority.

A specified person includes the owner, user or developer of the land directly affected by the matter. Only these people may apply to the Victorian Civil and Administrative Tribunal to review Council’s decision in this application.

You can contact Ben Schmied, Principal Statutory Planner, by phoning 5261 0800 or emailing planningapps@surfcoast.vic.gov.au.