Permit to clear ‘critically endangered’ grasslands at Altona refused in VCAT decision

An advocacy group plans to take protecting grassland at Altona a step further after a tribunal found reasons to prevent the site from being cleared.

A grassroots advocacy group has welcomed a “significant” decision by a Victorian tribunal to halt development in critically endangered native grasslands.

Landholders Axxcel Management Services put forward a planning permit request to Hobsons Bay Council in 2018 seeking to subdivide a 57 hectare site on Ajax Rd in Altona for future development.

The request outlined plans to divide the land into three lots, clearing 15.8 hectares of vegetation to construct stormwater management systems.

To offset the environmental loss, the landholders proposed to set aside 19 hectares of vegetation within the site for conservation “in perpetuity”.

Council rejected the application last year after 100 Hobsons Bay residents objected to the clearing, revealing conflict within the local planning scheme.

The site is simultaneously identified as an endangered habitat with “highly significant biodiversity” as well as “state-significant” industrial land.

A 2020 assessment of the site found populations of state-significant fauna and endangered plant species, such as kangaroo grass and the spiny rice-flower.

The decision was challenged at the Victorian Civil and Administrative Tribunal over a three-day hearing, which heard developers argue there had been significant efforts to avoid vegetation removal.

In a decision handed down in June, VCAT presiding member Joel Templar said the appeal revealed “tension” between planning policies for the site.

“There are obvious conflicts between industrial economic development and biodiversity outcomes sought by the planning scheme,” he wrote.

“In our view, the conflicting policy for the site supporting industrial use and development while protecting significant critically endangered biodiversity must be weighted towards biodiversity protection.”

However the decision did not rule out future development on the Ajax Rd site, with tribunal members saying they were unable to give any consideration to the positive benefits of development “without a development proposal”.

“We accept that there is a prospect of native vegetation removal occurring at some time in the future given the current zoning of the land,” Mr Templar said.

Despite the decision leaving the door open for future proposals, Grassy Plains Network facilitator Adrian Marshall described the refusal as a “win” to protect biodiversity in the area.

“The next step for us will be to campaign for council to introduce an environmental overlay protecting the grasslands,” he said.

“The Ajax Rd site is critical to preserving native habitats in the west of Melbourne. It’s a pristine example of endangered grasslands and hosts rare species.

“It’s not about being against development. It’s about preserving our native environments for future generations.”