Mornington Peninsula beach box owners fear proposed new licence rules will put them in an unfair position
A controversial plan by Mornington Peninsula Shire to limit beach box ownership would create two types of owners, the region’s owners’ association says – with one set hamstrung by a “draconian” policy.
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A controversial proposal to limit beach box ownership would create two sets of rules for peninsula beaches.
The Mornington Peninsula Beach Box Association said its members would be forced to comply with a “draconian” policy with high fees and strict ownership rules while bathing shed owners on neighbouring beaches would be exempt.
“You could end up with a situation where you have one beach box attracting $1200 in annual licence fees and strict limits on licensees and another alongside it with much lower fees and freedom of ownership – all in the same council area,” Mr Davis said.
The Leader understands some beach box owners would consider legal action against Mornington Peninsula Council if the draft policy was approved and they were forced to give up their lucrative investment.
The council has given tentative support to a draft beach box and bathing shed policy that allows only shire residents or ratepayers to own beach box licences.
The proposal applies only to the 820 bathing boxes on council-managed land. The remaining 480 bathing sheds in the region are overseen by the Department of Environment, Water Land and Planning which has a separate policy.
“There are no ownership limits under the DEWLP policy,” Mr Davis said.
The council’s draft policy also prevents trusts and deceased estates from holding beach box licence – and more than one licence for individuals would be banned.
Mr Davis said association members were angry about the retrospective nature of the draft policy.
“It’s unheard of for a local, state or federal government to introduce a new policy and make it retrospective,” he said.
There were also concerns about the deadlines given to meet the new requirements.
Existing owners would be given until June 30, 2025, to meet the new criteria or transfer or sell their licence.
Beach boxes licenses held by a trust, corporation or deceased estate would have to be transferred or sold by June 30, 2021.
The licences of those who don’t comply would be cancelled and the council would have the power to sell the boxes.
“That’s not a lot of time for people to make arrangements and deal with complex financial decisions,” Mr Davis said.
Mornington Peninsula mayor Sam Hearn said the draft policy would align peninsula bathing boxes with others on Port Phillip Bay.
“There are similar ownership rules for Brighton bathing boxes,” he said.
The draft policy was available to the public and feedback was encouraged, he said.
All submissions and comments received would be considered and a further report be presented to the council.
The Mornington Peninsula Beach Box Association is currently taking action in the Supreme Court over the council’s decision to charge beach box owners a waste service fee.
The case has been heard and a decision is pending.
DEWLP has been contacted for comment.