Man’s sneaky move for illegal million-dollar Bay of Martyrs view backfires

A land owner’s sneaky lockdown move to capture stunning Great Ocean Road views backfired spectacularly after he was busted by the council.

A Great Ocean Road property owner who bulldozed protected vegetation to get million-dollar views of the picturesque Bay of Martyrs has been ordered to put the plants back.

In what is seen as a fightback to blatant clearing, a negotiated deal at the Victorian Civil and Administrative Tribunal between the Moyne Shire Council and land owner Joe Gilbert forces him to revegetate and maintain 12.5ha of native vegetation on his Peterborough property.

That works out at nearly 10 times the amount cleared without a permit and the revegetation must take place on the land from which it was taken.

It is being hailed as a win for biodiversity and a warning to developers statewide who may treat the repercussions of unauthorised native vegetation clearing as a business expense or believe that revegetation will always be offset to alternative land.

Mr Gilbert escaped a fine but has to pay $20,000 costs to the council.

“The planning enforcement is not new to Moyne, but an agreement of this magnitude is noteworthy,” the council said.

Before the clearance at the Peterborough property.

After the land was cleared.

“It is anticipated that the revegetation plan and works will amount to a substantial cost and be of benefit to the environmental values of the land.”

Despite the VCAT order, it is understood the homeowner will still manage to capture some views.

In early 2020, the council received a tip-off of illegal clearing of coastal vegetation at the Merrett St property.

Under the “education first, enforcement later” protocol, Mr Gilbert was warned that it was illegal to clear native vegetation.

Mr Gilbert was directed what vegetation could and could not be removed legally.

A follow-up visit by council revealed more vegetation had been cleared under the cloak of strict Covid lockdowns when holiday house owners and tourists were not present.

This cleared an area for a house with an Ocean View that the property didn’t have previously.

The Merrett street property entrance is 100m from the heritage listed Great Ocean Road and the Bay of Martyrs and Bay of Islands National Park.

The vegetation was cleared in order to get views of the picturesque Bay of Martyrs.

The property falls under a number of landscape, environmental and bushfire management overlays to protect the landscape and habitat.

“While the landholders will gain a view from their proposed residence, the negotiated revegetation was seen as a greater benefit to the land,” the council said.

The council said it hoped it made people think twice.

“While the majority of people are doing the right thing, and there is rarely such blatant flouting of the rules, there are still people removing native vegetation without the proper authorisation,” it said.

“In this case, the vegetation removal included that of the Port Campbell Guinea Flower, which is endemic to the region. If people are illegally removing vegetation, it is hoped that this outcome gives us greater opportunity for a successful result in future cases.”

Under the enforcement order, the landowners will have to prepare a rehabilitation plan and timeline.

“If they do not prepare the plan or carry out the works they may be imprisoned and/or fined,” the council said.