THE state’s planning tribunal has knocked back a proposal to build a house on green wedge land in Shoreham.
The Victorian Civil and Administrative Tribunal set aside Mornington Peninsula Shire Council’s approval for the house on 4.323-hectares in Tucks Road and ruled that no permit is granted.
The tribunal case relates to a planning permit notice originally issued in 2022 by the shire to use and develop the land at 340 Tucks Road for a house, remove native vegetation and associated works, including to an existing driveway at 336 Tucks Road.
The matter was referred to the tribunal over questions relating to the bushfire management overlay.
It returned to the tribunal in December, with the applicants arguing that the development was not in keeping with green wedge policies.
VCAT member Joel Templar agreed, saying the policy basis for decision making regarding dwellings in the green wedge zone was “strongly swayed against the establishment of dwellings”.
“In this circumstance, I have found that the benefits from a green wedge perspective from the establishment of a dwelling is limited and I have not been persuaded that such benefits will be significant enough to warrant support of this proposal,” he said.
The tribunal also found there was no “favourable outcome” or “agricultural benefits” from any agricultural pursuits that would be included with the development.
The tribunal found the agricultural pursuits proposed by the land owners were not significant enough to outweigh any shortcomings the proposal had from a policy perspective.
The applicants had wanted to graze up to 15 sheep, manage weeds, continue a vineyard, reinvigorate existing olive trees, and maintain a riverside (riparian) area. The allotment is dissected by Mantons Creek.
Cr David Gill welcomed the tribunal’s decision, and said it was refreshing to see green wedge protections upheld.
The original planning application had been approved by council officers and had not come before councillors.
First published in the Mornington News – 27 February 2024
