Premier Daniel Andrews says the state is holding firm on its residential development ban in Spring Creek
The state government has shut down rumours about a potential loophole to allow for future Spring Creek developments.
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Pressed if the State Government was using weasel words about future development in the sensitive Spring Creek area in Torquay, Premier Daniel Andrews has reiterated there will be no residential development.
As legal action is possible from developer Parklea, who is no longer able to subdivide land beyond Duffields Rd, Torquay because of a government decision, Mr Andrews maintained the government’s position.
State Government planning documents show the area west of Duffields Road will be set aside as a “green break” while other documents earmark an area east of Bellbrae, that adjoins Spring Creek, for “nature-based tourism.”
Asked if the government’s decision, to ignore expert advice and ban “conventional residential development” beyond Duffields Rd could pave the way for acreage or lifestyle block development, Mr Andrews said the government would honour its 2018 election commitment.
“We’ve been very clear about nothing (no residential development) beyond Duffields Rd,” Mr Andrews said.
“That’s our commitment, that commitment is being honoured, it is being delivered in full. “When you think about so many beautiful coastal communities throughout the Surf Coast, we need to protect them and safeguard the unique character that makes them so, so, so beautiful.”
Asked if the government was willing to make an out-of-court payment to Parklea, Mr Andrews said: “It’s not a matter for me to forecast whatever the strategy of the government might be. Obviously we would prefer to have agreement when it comes to these things. But again once things become legal, then it’s not a matter of me doing deals and settlements.”
Mr Andrews, who spoke at the opening of a $20m Curlewis golf club redevelopment on Wednesday, said he assumed Parklea would take legal action.
Legal action threatened over Spring Creek ban
Developers are threatening legal action over a State Government move to ban residential subdivision in Torquay’s Spring Creek sensitive environmental area.
Residential developers Parklea – which owns about 350 lots at Spring Creek – on Monday renewed its warning it would explore its legal options following the Planning Minister’s announcement “conventional residential subdivision” would be banned west of Duffields Rd.
Parklea director Don Welsh hit out at the State Government for the decision, which had gone against advice from an advisory committee to allow residential development in the area.
“We are dumbfounded that the Minister for Planning would disregard the advice of his own expert Committee,” Mr Welsh said. “Clearly politics prevail over good planning, and the Government intended to move the boundary regardless of any process or advice.”
“We purchased land inside the town boundary set by Labor Planning Minister Justin Madden. We trusted the decision of the then Labor Government and invested accordingly.
“There are no “greedy developers”, just people silly enough to trust Labor.
“No landowner in Victoria is safe and cannot rely on planning processes where a cheap vote is seen by Labor, as this Government cannot be trusted to honour its own planning decisions or expert advice.
“Naturally, we will explore all options – we owe that to those that foolishly trusted Labor.”
Victorian Planning Minister Richard Wynne last Thursday announced he would reject advice from an advisory committee to allow residential development in the area, instead delivering on an 2019 election commitment to fix the town’s boundary at Duffields Rd.
Mr Wynne said he “respectfully disagreed” with the advice, suggesting the committee had given “too much weight to historical planning decisions and insufficient weight to the landscape, cultural and environmental character of the Spring Creek of Duffields Rd”.
The decision followed an outpouring of community support for protecting the Spring Creek area, including a campaign led by the Greater Torquay Alliance (GTA), who last week celebrated the decision.
“We knew we had to have a strong campaign, because we’ve seen then panels go against the communities wishes in the past,” GTA secretary Darren Noyes-Brown said.
“There were over 3100 submissions, the community raised over $100,000 to fund our barrister during the hearing, and hundreds of people did verbal submissions during the hearing. With all the skills that the various community members have, it was a really compelling case that so many individuals raised throughout that hearing that all those passionate and factual points that were raised could not be overlooked by the Minister.”
Urban Development Institute of Australia, Victoria chief executive Matthew Kandelaars claimed the decision had put electoral politics ahead of proper planning for long-term growth in regional Victoria.
“Planning for Victoria’s long-term prosperity and allowing new homes in appropriate locations is critical to supporting housing affordability when the home ownership dream has never been further from reach. Sadly, this is too often subservient to marginal seat politics and NIMBYism,” Mr Kandelaars said.
Developers question ‘integrity’ in Spring Creek decision
The State Government’s move to protect Torquay’s Spring Creek sensitive environmental area from “conventional residential subdivision” has sparked mixed reactions.
While residents responsible for a monumental campaign to protect the area are celebrating their win, developers have slammed the “integrity” of the process and a decision they say will hurt regional housing affordability.
Victorian Planning Minister Richard Wynne on Thursday announced he would reject advice from an advisory committee to allow residential development in the area, instead delivering on an 2019 election commitment to fix the town’s boundary at Duffields Rd.
Mr Wynne said he “respectfully disagreed” with the advice, suggesting the committee had given “too much weight to historical planning decisions and insufficient weight to the landscape, cultural and environmental character of the Spring Creek area west of Duffields Rd”.
The Greater Torquay Alliance (GTA) said an outpouring of community support for the protection of Spring Creek had helped ensure the State Government’s election commitment was kept.
“We’re extremely happy with the decision,” GTA secretary Darren Noyes-Brown said on Friday.
“We’re still reading through the detail, but it certainly sounds like Spring Creek has been saved and [development in] the Torquay North East area won’t go ahead.
“We knew we had to have a strong campaign, because we’ve seen then panels go against the communities wishes in the past.”
“There were over 3100 submissions, the community raised over $100,000 to fund our barrister during the hearing, and hundreds of people did verbal submissions during the hearing. With all the skills that the various community members have, it was a really compelling case that so many individuals raised throughout that hearing that all those passionate and factual points that were raised could not be overlooked by the Minister.”
But, developers have been less enthused by the decision.
Urban Development Institute of Australia, Victoria chief executive Matthew Kandelaars claimed the decision had put electoral politics ahead of proper planning for long-term growth in regional Victoria.
“Planning for Victoria’s long-term prosperity and allowing new homes in appropriate locations is critical to supporting housing affordability when the home ownership dream has never been further from reach. Sadly, this is too often subservient to marginal seat politics and NIMBYism,” Mr Kandelaars said on Thursday.
“Today’s decision was communicated to key stakeholders through a drop to a regional newspaper. This sums up the integrity of the process that has seemed predetermined from the day it commenced,” he said.
“A decision of this magnitude should be transparent.”
Spring Creek to be spared from development under new state government ruling
The sensitive environmental area at Spring Creek, Torquay will be protected from “conventional residential subdivision” following a planning ruling by the state government.
Planning Minster Richard Wynne rejected a proposal from an advisory committee to allow residential development in the area following an avalanche of community concern.
“We’re protecting the character of Surf Coast communities while providing locals and builders the confidence they need to plan and invest long-term,” Mr Wynne said.
It follows a commitment from Premier Daniel Andrews that Duffields Rd was Torquay’s boundary “not one foot further.”
“I can’t be any clearer that than. That will be the town boundary; there will be no development beyond that,” Mr Andrews told the Addy in 2019.
Early last year an advisory committee considered more than 3,100 written submissions on Torquay’s boundary.
About 1950 of the first 2000 submissions wanted to fix Torquay’s boundary at Duffields Rd and leave a “green break” between Torquay and Bellbrae to protect the Spring Creek valley from “urban encroachment.”
Mr Wynne said the advisory committee hadn’t given enough weight to the environmental character of the area in its considerations.
“In relation to the settlement boundary at Spring Creek, the advisory committee made
recommendations that … the land to the west of Duffields Road should be made available for conventional residential development.
“In the case of the location of the settlement boundaries of Spring Creek, I have respectfully
disagreed … and have concluded that the best course, taking all matters into account, is to exclude this area of landscape significance from the possibility of conventional residential subdivision by placing it outside the settlement boundaries for Torquay – Jan Juc.
“In my opinion, the advisory committee gave too much weight to historical planning decisions and insufficient weight to the landscape, cultural and environmental character of the Spring Creek area west of Duffields Rd.
“Allowing conventional residential development west of Duffields Rd would create an ephemeral settlement boundary along what would be a less substantial road than Duffields Road, which would inevitably come under pressure in an area of significant landscape value.
“In my opinion, Duffields Road presents as a tangible settlement boundary, and in light of the importance of the land to the west, should be used to delineate the township boundary.
“I consider this would represent a more orderly, long term planning outcome for this
area.”
Development firm Parklea which at one staged owned about 350 lots in the area previously said it would consider legal action if development could not go ahead.
South Barwon MP Darren Cheeseman said the planning reform meant the unique environment of the area was protected for future generations.
“We said that Duffield’s Road would be the boundary and we have kept that commitment to protect Spring Creek,” Mr Cheeseman said.
“We have stopped greedy developers from turning the Surf Coast into the Gold Coast.”
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