Refusal of permit upheld for mega development on Torquay’s foreshore

Plans to build a mega three-storey development on Torquay’s foreshore have been slapped down by council for a second time. Here’s why.

The Surf Cost Shire’s refusal to grant a planning permit for a mega three-storey development on Torquay’s foreshore has been upheld this week by the Victorian Civil and Administrative Tribunal (VCAT).

In the report handed down by VCAT member Jane Tait, she declared that the multi-unit development at 86-92 The Esplanade, Torquay did not respond positively to existing neighbourhood character policies.

The proposed three-storey building was set to contain more than 30 apartments that quickly garnered concerns over the visual impact the 10.5m tall building would pose.

The project, which was estimated to cost $12.8m, received up to 70 objections and was refused by the council on January 10, 2019.

The developers, Amerl Industries Pty Ltd requested VCAT review the decision, which was heard on June 15 to 18, 2021 and again on July 19 and 20.

A proposed development on The Esplanade at Torquay was refused as it did not respond positively to existing neighbourhood character policies. Picture: Alan Barber

“At the heart of this dispute is whether the height, setbacks and scale of the development acceptably respond to its context and the preferred character that has been articulated in state and local policies and overlay controls,” Ms Tait wrote.

“I am not satisfied development of the consolidated lot with three-storey built form on a wide frontage at this prominent location adequately responds to the preferred neighbourhood character policy and design objectives.

“I consider a reduction of building mass, greater articulation and landscaping is required to respond to the existing and preferred character and the interface with the foreshore reserve.”

In its application, developers said the proposal would represent an appropriate balance between accommodating the expected population growth and the community’s desire to maintain the township’s character.

“The proposal provides a direct response to council’s identified need for an increased supply of diverse housing for a community whose permanent population is expected to grow significantly over the coming years,” the plan states.

On Facebook one user thanked local community groups including 3228 Residents Association and GT Alliance for their work advocating against the proposal.

“You saved our Esplanade,” he said.

Originally published as Refusal of permit upheld for mega development on Torquay’s foreshore