The 8ha Albert Ruttle Wetlands Reserve is an important biodiversity site, and part of theInverloch-Wonthaggi biolink.
By Cait McMahon
BASS Coast Shire Council and Inverloch residents were at the Victorian Civil and Administrative Tribunal (VCAT) last week seeking to protect open space set aside as part of the Ruttle Estate subdivision.
The owners, looking to build a dwelling on a portion of the wetland area set aside as communal open space, have asked VCAT to rule on whether that will contravene the obligations detailed in a Section 173 Agreement. The Agreement sets out certain conditions on the landholder, including allowing and enabling access to the land and maintaining the area to protect and enhance any native vegetation and fauna.
BASS Coast Shire Council and Inverloch residents were at the Victorian Civil and Administrative Tribunal (VCAT) last week seeking to protect open space set aside as part of the Ruttle Estate subdivision.
The owners, looking to build a dwelling on a portion of the wetland area set aside as communal open space, have asked VCAT to rule on whether that will contravene the obligations detailed in a Section 173 Agreement. The Agreement sets out certain conditions on the landholder, including allowing and enabling access to the land and maintaining the area to protect and enhance any native vegetation and fauna.
A VCAT decision is not expected to be handed down for at least several weeks following further enquiries and deliberation.
The council has indicated that building houses on these lots would not be “generally in accordance” with these controls, a view supported by the Residents and Friends of Ruttle Estate who were represented in the VCAT hearing this week.
Residents of the 30-lot subdivision formed the group six years ago when the developer advertised the reserve for sale as two vacant lots and development opportunities.
The setting aside of these lots as a wetland reserve and communal open space was an agreed part of the developer's open space contribution and a key condition for approval of the Ruttle Estate subdivision outside the Inverloch town boundary in 1993. This followed a Victorian planning panel hearing that approved the subdivision on environmental grounds with a large reserve (22 acres) to be developed as wetlands.
While a decision on the relevance of the 173 Agreement is pending, the council is obliged to consider applying other planning controls to ensure protection of the wetland and associated open space.
We commend the council on their recent responses to these planning applications and their position at the recent VCAT hearing and hope that they stand by their interpretation of planning controls for future applications to develop the area set aside by the original developer as communal open space”
Although we are still waiting for the VCAT ruling, another planning application is on the horizon that will put the reserve at risk. We urge Council and the local community to continue to advocate for the open space to remain in place as intended for the benefit of our local community and the environment.
The development of the wetlands, which featured in marketing of the estate, was a condition of the original planning agreement for the Albert Ruttle subdivision back in 1993. We will be objecting strongly to any proposals submitted to council to build and would encourage others to object as well.
Cait McMahon is chair of Residents and Friends of Ruttle Estate.
The council has indicated that building houses on these lots would not be “generally in accordance” with these controls, a view supported by the Residents and Friends of Ruttle Estate who were represented in the VCAT hearing this week.
Residents of the 30-lot subdivision formed the group six years ago when the developer advertised the reserve for sale as two vacant lots and development opportunities.
The setting aside of these lots as a wetland reserve and communal open space was an agreed part of the developer's open space contribution and a key condition for approval of the Ruttle Estate subdivision outside the Inverloch town boundary in 1993. This followed a Victorian planning panel hearing that approved the subdivision on environmental grounds with a large reserve (22 acres) to be developed as wetlands.
While a decision on the relevance of the 173 Agreement is pending, the council is obliged to consider applying other planning controls to ensure protection of the wetland and associated open space.
We commend the council on their recent responses to these planning applications and their position at the recent VCAT hearing and hope that they stand by their interpretation of planning controls for future applications to develop the area set aside by the original developer as communal open space”
Although we are still waiting for the VCAT ruling, another planning application is on the horizon that will put the reserve at risk. We urge Council and the local community to continue to advocate for the open space to remain in place as intended for the benefit of our local community and the environment.
The development of the wetlands, which featured in marketing of the estate, was a condition of the original planning agreement for the Albert Ruttle subdivision back in 1993. We will be objecting strongly to any proposals submitted to council to build and would encourage others to object as well.
Cait McMahon is chair of Residents and Friends of Ruttle Estate.