Lawyer slams shire after motel victory

Alex de Vos
A Geelong lawyer has accused Surf Coast Shire of wasting ratepayers’ money on a failed bid to stop him building a motel at the start of the Great Ocean Road.
Andrew Senia has won a Victorian Civil and Administrative Tribunal to build three-storey Torquay Towers after the shire rejected his first two applications for the project.
Mr Senia called his tribunal victory an “excellent result”.
“Contrary to the opinion of the planners at Surf Coast Shire, VCAT said it was satisfied the motel was a development warranting the tribunal’s support,” Mr Senia said.
“It’s just a shame the shire had to waste time, resources and ratepayers’ money defending a decision that would bring so much benefit to the area.”
The shire last year rejected the two applications from Mr Senia to build the motel, comprising 36 apartments, covered parking for 33 cars, a reception centre and a manager’s residence at 2-4 Geelong Road, Torquay.
In August, 2008, the planning department told him to go back to the drawing board with the first application and come back with a plan befitting the site, opposite a roundabout at the start of the Great Ocean Road.
The planning department said it wanted a “more-iconic design”.
The proposed motel site is next to a Splish Splash car wash, also opposite the start of the Great Ocean Road.
Mr Senia said his second design “conformed to the wishes of the first committee”.
But the committee knocked him back again after ruling the second design failed to achieve the committee’s “preferred character”.
Mr Senia said the goal posts changed when different members sat on the committee reviewing the second application.
“From my point of view, I have been vindicated and I did obtain the justice I sought in August, 2008,” he said.
“It was not, however, without unnecessary costs.”
The tribunal said in its decision the “development of the site for a motel had much support in the planning scheme and that the absence of any unreasonable off-site amenity impacts is a major plus for the proposed development”.
Surf Coast Shire sustainable communities director Dennis Barker ruled out contesting VCAT’s decision through the courts.
“The ability for a council decision to be appealed at VCAT is an important part of the planning application process,” Mr Barker said.
“Council stands by the position it took to VCAT. However, it accepts this decision.”