Posted 11/12/09
Another Cranbourne in the making?
20 November 2009
VCAT passed a 102 lot subdivision on Port Campbell’s sea caverned headland. Geotechnical specialists have warned the surrounding area is a hazard zone and that the development may accelerate the headland collapse and make the subdivision unviable in the short term.
The Tribunal refused to consider any new geotechnical evidence, new coastal planning policies that consider climate change and coastal retreat, or that the subdivision plan appears notably different to the planning permit plan – having an approx 300m2 greater footprint.
The developer appeared to suggest the subdivision was just a ‘paper exercise’ to subdivide a proposed 4 storey, 100 room motel/hotel and shopping strip, which has still failed to fulfil planning permit conditions.
The Tribunal stated that the planning permit for a building already exists and passed the subdivision at the hearing subject to a drainage easement being resolved.
However, under the Subdivision Act 1988 all subdivision is the same – whether it is land or building – it is considered as ‘land’. Accordingly, legal specialists advise that VCAT should consider these new issues in considering SPPF Clause 65.02 “the suitability of the land for subdivision” for multiple titles.
The intense subdivision appears to potentially impose risk on owner’s corporation purchasers, adjoining port users, and the iconic coastline. It would seem that it is not possible to change a drainage easement without the geotechnical condition being completed first.
Another cavern was found a few weeks ago at the south west corner of the subdivision site where the development needs to excavate to approx 10 metres below natural ground level. The newly found cavern runs toward the largest cavern on the headland. Geo-specialists believe the caverns will intercept.
This is a significant material change in circumstances since the grant of the planning permit. The planning and subdivision permits should be cancelled due to this new geotechnical evidence, as the development’s impact on the fragile geology of the headland and on the nationally significant coastline has been well documented.
Port Campbell’s fragile limestone cliffs are known for sudden catastrophic collapse. Geo-specialists have written there is the question of legal responsibility if large structures and subdivisions are permitted near these caverns and cliffs if geotechnical advice is ignored and a collapse then occurs. Is this another Cranbourne in the making?
Significant concerns regarding this development and/or subdivision have been expressed by leading geo-specialists and heritage and environment groups and stakeholders including: the National Trust, Western Coastal Board, Victorian National Parks Association, Australian Conservation Foundation, Environment Victoria, Friends of the Earth, RSL, Protectors of Public Lands, Victorian Coastal Alliance, Heytesbury & District Historical Society, Port Campbell Professional Fishermen’s Association and many others.
Contact:
Marion Manifold
Secretary
Port Campbell Community Group Inc.
A0051688U
Tel: (03) 55 931 932
Email: mmanifold@ansonic.com.au