The Victorian Civil and Administrative Tribunal (VCAT) has again knocked back plans for a multi-level residential and retail development in Portarlington.
It was the second application by the developer to be refused for the 49 Newcombe Street address.
The first was refused by the Minister for Planning following a review by an independent Advisory Committee in 2021. The second was opposed at VCAT by both the City of Greater Geelong and Portarlington Community Association (PCA).
The Tribunal referred to the recently approved Bellarine Peninsula Statement of Planning Policy 2023 (SPP) and considered that the SPP ‘adds gravitas’ to the existing planning policy framework which contain policies ‘seeking to protect the Peninsula’s significant landscapes and respect the low-scale coastal character of its villages’.
VCAT heard submissions and evidence and found that the application was a repeat appeal and that “fatal flaws” identified by an independent Advisory Committee in relation to the previous proposal had not been adequately addressed.
Further, it found that the building would be “visually obtrusive” when viewed from the foreshore reserve and that critical aspects of its design were not high quality.
PCA president Geoff Fary said the organisation was celebrating an important win.
“The PCA undertook extensive consultation with the people of Portarlington and we were aware of the broad swell of opposition to this type of building in that location,” he said.
“This decision adds strength to the argument that development must protect and enhance the characteristics which make Portarlington unique.”
Mr Fary praised Harwood Andrews Lawyers of Geelong for work done pro bono for the Portarlington community.
He said the PCA would continue to campaign to have the site returned to being the public park it used to be.
“The association accepts that the developer should be entitled to fair and reasonable compensation should it return to public ownership,” he said.
“We are seeking help from our state and federal governments to explore avenues to have the site re-established as open parkland cascading down to the waterfront, linking the town centre with the foreshore.”
The 49 Newcombe Street Sub-Committee was formed to coordinate the PC’s campaign.
“We are particularly impressed by the work done by the City of Greater Geelong’s planning department who led the council’s opposition at the previous hearing,” secretary Dr Anne Whisken said.
