Part of the subject site, left, immediately adjacent to the Harmers Haven Coastal Reserve. By John Old
BASS Coast Post readers will probably recall previous items regarding an application for a subdivision and clearing of native vegetation at Harmers Haven (Harmers swamp under threat, May 4, 2022).
The application was unanimously rejected by the Bass Coast Shire Council (BCSC) in May 2022. The applicants then appealed this decision to the Victorian Civil and Administrative Tribunal (VCAT).
Last week, VCAT upheld the Council’s rejection of the application and refused to issue a permit for the subdivision.
BASS Coast Post readers will probably recall previous items regarding an application for a subdivision and clearing of native vegetation at Harmers Haven (Harmers swamp under threat, May 4, 2022).
The application was unanimously rejected by the Bass Coast Shire Council (BCSC) in May 2022. The applicants then appealed this decision to the Victorian Civil and Administrative Tribunal (VCAT).
Last week, VCAT upheld the Council’s rejection of the application and refused to issue a permit for the subdivision.
As VCAT hearings go it was a long one – seven days plus a site visit. The case was presided over by two VCAT members. The council as the responsible authority was represented by a town planning consultant. The applicants fielded a team of six, which included a manager of business, a barrister, and four expert witnesses.
The Harmers Haven Residents and Ratepayers Group (HHRRG) participated to support the council and were represented by a barrister and one expert witness. In addition four community respondents participated.
These are not easy planning decisions to make and HHRRG appreciated the time taken by the VCAT members to read and consider all the evidence at hand.
The VCAT decision reads in part:
Taking into consideration the submissions, evidence, and provisions of the planning scheme, we have decided to refuse to grant a planning permit. We find the extent of native vegetation removal for the subdivision on the developable parts of the lots unacceptable. We consider the loss of native vegetation, and the fragmentation of the continuous vegetation cover will have a detrimental impact on the biodiversity of the area, including the adjoining coastal reserve.
The Harmers Haven Residents and Ratepayers Group (HHRRG) participated to support the council and were represented by a barrister and one expert witness. In addition four community respondents participated.
These are not easy planning decisions to make and HHRRG appreciated the time taken by the VCAT members to read and consider all the evidence at hand.
The VCAT decision reads in part:
Taking into consideration the submissions, evidence, and provisions of the planning scheme, we have decided to refuse to grant a planning permit. We find the extent of native vegetation removal for the subdivision on the developable parts of the lots unacceptable. We consider the loss of native vegetation, and the fragmentation of the continuous vegetation cover will have a detrimental impact on the biodiversity of the area, including the adjoining coastal reserve.
VCAT also ruled that there was no support in the council’s planning scheme for increased residential densities in small unserviced settlements such as Harmers Haven.
We are very pleased that this area of native vegetation at Harmers will now be largely preserved. It is a patch of remnant coastal bushland 1.125 hectares in area which has been untouched since the late 1950s. It is immediately contiguous with the foreshore vegetation, and stretches along the road for 280 metres, making an irreplaceable contribution to the coastal wildlife corridor and to the character of Harmers Haven.
We congratulate the Council on its enlightened decision to give the preservation of native vegetation a high priority in this instance and in its planning scheme more generally. The tension between development needs and protection of sensitive coastal habitats for Bass Coast communities is not an easy problem to solve. The recognition of Bass Coast as a Distinctive Area Landscape with new landscape overlays will hopefully contribute to future protection of fragile native habitats for Bass Coast wildlife, visitors and residents alike.
John Old is president of the Harmers Haven Residents and Ratepayers Group.
We are very pleased that this area of native vegetation at Harmers will now be largely preserved. It is a patch of remnant coastal bushland 1.125 hectares in area which has been untouched since the late 1950s. It is immediately contiguous with the foreshore vegetation, and stretches along the road for 280 metres, making an irreplaceable contribution to the coastal wildlife corridor and to the character of Harmers Haven.
We congratulate the Council on its enlightened decision to give the preservation of native vegetation a high priority in this instance and in its planning scheme more generally. The tension between development needs and protection of sensitive coastal habitats for Bass Coast communities is not an easy problem to solve. The recognition of Bass Coast as a Distinctive Area Landscape with new landscape overlays will hopefully contribute to future protection of fragile native habitats for Bass Coast wildlife, visitors and residents alike.
John Old is president of the Harmers Haven Residents and Ratepayers Group.