Statutory Planning Activities and Policies
Statutory Planning deals with specific planning permit and subdivision applications. It also provides advice on whether planning permits are required.
SCA’s Planning Subcommittee does not usually get involved in individual planning applications. Exceptions do occur where there may be unacceptable impacts on the community eg on Shoreham’s heritage, amenity or road traffic.
Some examples are listed below.
Impacts on View lines and the Green Wedge
When the owners of a property off Frankston-Flinders Road along the road towards Point Leo began construction of an approved large two-storey dwelling with associated sheds, they encountered a siting difficulty due to the presence of a natural spring on the site of the dwelling.
The development was consequently re-sited and the applicants returned to Council for a new approval. This was denied largely because the new design was higher than 8m (at about 11m) which led to conflicts with Significant Landscape Overlays - particularly in relation to impacts on National Trust protected views from the road to Western Port. The SCA also objected on these grounds and to protect a sensitive Green Wedge area on the outside edge of the Urban Growth Boundary. Neighbours and the National Trust also objected. In the Green Wedge, buildings should "nestle" into the landscape rather than dominate the surrounding countryside.
The Applicants appealed to VCAT and, in due course, a VCAT “Compulsory Conference” took place in early 2018. This included the Shire, the applicants, neighbours and the SCA. To their credit, the applicants had reconsidered their position and submitted amended plans. The new plans largely deleted the second storey but included a loft, a small second storey element but extended the footprint eastwards by the master bedroom and associated facilities. So the footprint was larger – but the building was lower (all under 8m as objectors wanted).
The compromise design was accepted by all parties and the need for a full VCAT hearing was therefore eliminated - saving further costs and delays.
Shoreham House Extension, Nelson Street
P18/2391 – an application to ‘Develop additions to the existing aged care facility (increasing the number of beds from 60 to 90), vegetation removal and associated works’. With the 30 bed increase, 5 additional parking spaces are to be provided for the additional guests and staff. Of these, 4 parking spots are proposed to be accessed off Hilltop Close.
Objections were to be lodged by 29th March, 2019. People told us they are concerned about inadequate car parking, locating the car parks on Hilltop Close and exacerbating the existing problems with the intersection of Frankston-Flinders Road and Nelson Street. The SCA lodged an objection on behalf of members relating to the car-parking issues.
MPS convened an Objectors' Meeting to discuss the various issues in order to try to find an amicable way forward on 25th June, 2019 at 3.30pm in the Balnarring Hall. Primary issues discussed related to car parking and also increased use of Hilltop Court as an entrance/exit for staff. Hilltop Court is currently a quiet unmade street with little traffic movement. Safety concerns about the intersection of Nelson Street and Frankston-Flinders Road were also discussed. Unfortunately, a traffic engineer’s report covering the traffic and parking issues was not completed in time for the meeting.
The applicant is currently considering changes that can be made to the application to address the concerns of the local community.
Pt Leo Estate Helipad - Application Withdrawn
P18/2295 – an application for the ‘Use of land as a helicopter landing site and associated works’.
Objections were to be lodged by 28th March, 2019.
People told us they are concerned about noise, visual impact, safety, setting a precedent for other restaurants, adverse impacts on shorebird nesting sites and the Ramsar wetland.
David Bergin, Director Planning and Building, MPS notified objectors on 23/5/2019 that the Applicant has withdrawn the planning application.
Bush Chapel in Buxton Reserve
The chapel was built in the early 1950s and for some years was an integral part of life at the YMCA Camp Buxton. It serves as a memorial to two young men, Ivan and Cyril Young, who were associated with the camp and who were killed on service during World War II.
Members of the community, joined by several members of the Young family, and assisted by the Shoreham Community Association (SCA) and Flinders District Historical Society (FDHS), made representations to Council towards:
Saving the site of the bush chapel in Buxton Reserve
Extending the existing Heritage Overlay covering Camp Buxton to include the Chapel in public land.
An independent group, the Cyril Young Memorial Chapel Association Incorporated, has since been formed to foster the full restoration and ongoing stewardship of the Cyril Young Memorial Chapel (as it was formally dedicated) as both a war memorial and sanctuary. The Chapel is now listed on the Victorian War Heritage Inventory. Please see Heritage Victoria's web-site for further information.
Buxton Camp no longer exists. Part of its land is now the Buxton Reserve under the management of the Mornington Peninsula Shire (MPS) and the remainder, including the camp buildings, is in private hands. However, most of the remains of the open air chapel exist on the Reserve for the public to visit.
A small part of the Chapel is located on private land. On the 11th July 2017, the MPS published a Notice of Intention to Sell Land on which the Buxton Chapel sits. After protests and submissions from the Young family, the SCA, the FDHS, YMCA, RSL and many others, the proposed sale was eventually rescinded.
Council voted unanimously on 13th February, 2018 to rescind the sale and acquire the small portion of the chapel in private hands instead. This will enable all of the Chapel to be integrated within Buxton Reserve.
Application to demolish heritage listed ‘Alavina’
The SCA objected to an application by the owners of ‘Alavina’ in Beach Rd to demolish the heritage-listed house in Beach Road.
In 2013, parcels of land were removed from a larger heritage overlay covering numbers 14, 16 and 18 Beach Road, leaving the Shire to make a historical assessment of ‘Alavina’ and an assessment of the adjacent timber cottage. This has not yet been done and the owners are allowing the buildings to deteriorate.
SCA submitted an objection to the application to demolish based on the fact that:
heritage planning procedures were determined following an independent Hearing in April 2013;
MPS has not completed its task as set by the Hearing; and
restoring ‘Alavina’ would make it a valuable asset.