Frankston Council threatening to prosecute landowner over ‘illegal work’ at Olivers Hill
The owner of a beachfront mansion who admitted to building an illegal seawall on a Frankston South beach in front of his $9.25m home has vowed to tear down the works and move out.
South East
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UPDATE: The owner of a beachfront mansion who admitted to building an illegal seawall on a Frankston South beach in front of his $9.25m home has vowed to tear down the works and move out in the wake of public uproar.
Businessman Gene Neill was slapped with a stop-work order by Frankston City Council on Monday night after locals raised concerns at the weekend about his build near Oliver’s Hill Lookout.
Mr Neill said he had been forced to erect the retaining wall to protect his property after he was refused insurance following the landslides in McCrae on January 14, where a luxury house crashed down the cliffs and 19 properties were evacuated.
He said he feared homes in Frankston faced the same threat from erosion.
The works were being carried out without appropriate permits.
But on Tuesday, he said he would rip out the wall and remediate the beach after the work was slammed as “environmental vandalism”.
“I’ve offered to rip it all out and just replant and let the landslides continue,” he said. “We’ll put the house on the market and sell it.”
Property records show Mr Neill bought the home in December last year.
“It’s just getting out of hand and getting really, really uncomfortable here. It’s really a storm in a teacup,” he said.
“I’m the only one on the foreshore here that doesn’t have a wall. All we’re trying to do is protect our property, and it’s like we’re not allowed to do that. We don’t need these problems. We don’t need the hassle. We’re taking the easy way out.”
EARLIER: A wealthy Melbourne businessman has been slapped with a stop work order by the local council after he started building concrete sea and retaining walls on the beach below his property.
Frankston Council issued the order after complaints from residents about private work being done at Frankston South for Gene Neill.
The work is allegedly being carried out without a planning permit on what is believed to be Crown land near Olivers Hill.
The council, which manages the land, is investigating if the work and significant vegetation removal was illegal.
Council staff will meet representatives from the Department of Energy, Environment Climate Action and surveyors at the site on Tuesday to determine where Mr Neill’s property ends.
Mr Neill told the ABC he was forced to erect the retaining wall to protect his property and had been refused insurance after recent landslides in McCrae.
He feared homes in Frankston faced the same threat of landslides as those at nearby McCrae where a luxury house crashed down the cliffs on January 14.
A total of 19 properties were evacuated and some property owners are still locked out of their houses.
Frankston MP Paul Edbrooke raised the alarm about the construction after receiving complaints from residents.
He said he was “extremely concerned” about the works and was working with the council and DECCA to protect the beach.
“The beach is a community asset for everyone to enjoy,” he said.
Frankston Council chief executive Phil Cantillon said the council was “very concerned” about the works which it has known about for two weeks.
He said the council had made multiple site visits and issued formal notices to the landowner demanding the works stop immediately.
A planning enforcement letter and building order to stop work was issued on Monday.
“Council has no record of what vegetation has been removed or what is being constructed, however it is now apparent a significant area of vegetation has been cleared and a seawall (and potential retaining walls) are being erected,” Mr Cantillon said.
“All works and structures undertaken on coastal and marine public (Crown) land require consent from the State Government, as well as planning and building permits where required.
“If the stop work order is breached, Council will be forced to consider further action which may include prosecution.”
The action is not the first time Mr Neill has clashed with a local council.
In 2015 Melbourne City Council told him to move his $7m motor yacht from New Quay at Docklands after claiming it was illegally parked because part of the craft ws overhanging the marina.
Mr Neill argued the Missy B had been there for almost ten years without complaint.
The 35m Missy B – with seven bedrooms and ten bathrooms – was a feature of Docklands and the site of some lavish events.
In 2014 Rolls Royce used the boat for a party, even using a crane to place a Roller onto the top deck.