Pommytown residents celebrate ... from left, Larry Hills, Amanda Ryan, Peter Rankine, Victoria Mstari, Graeme Miller, Susan Pace and Lino Pace
By Catherine Watson
THE operator of a Wonthaggi bus earthmoving business has failed in his bid to gain retrospective approval for a depot in “Pommytown”, an enclave of lifestyle properties on the southern outskirts of the town.
THE operator of a Wonthaggi bus earthmoving business has failed in his bid to gain retrospective approval for a depot in “Pommytown”, an enclave of lifestyle properties on the southern outskirts of the town.
|
Councillors voted to reject the application by G Wilson, at 34 Boyd Street, following 24 objections, most from nearby residents who said the business posed safety risks and had affected their quality of life for many years.
The company argued that the depot had been operating since 2002, giving it existing use rights. However, council officers noted aerial imagery showing the operation at a comparable scale had only been established and gradually expanded since 2012. The council rejected an application for a certificate of compliance for existing use rights for the earthmoving business in March 2024 on the grounds that proof of continuous use for 15 years could not be substantiated. |
Pommytown residents say they will now push for the council to begin the compliance process. “Each person felt they were alone,” Graeme Miller said. “We were galvanised by a meeting on a dreary Sunday afternoon to work together. “Now we’re determined to turn a negative into a positive. Out of this we have come to realise that we all live here because we love the area. We all own acres and all have old-growth remnant woodland.” Residents have now formed the Pommytown Estate Alliance (PEA) to work together. Their first project is to extend koala habitat around the area. PEA has begun discussions with the Gippsland Threatened Species Action Group, the Cape Koala Project, Wildlife Rescue Wonthaggi and Landcare about how they can enhance existing corridors with plantings of manna gums. |
Residents cited multiple and detailed concerns, including traffic safety hazards, noise, dust, diesel fumes, vibration, and the unsuitability of narrow, unsealed access roads for heavy vehicles.
Several objectors cited a conflict with the new Wonthaggi-Inverloch walking and cycling trail which crosses access roads to Boyd Road.
Several objectors cited a conflict with the new Wonthaggi-Inverloch walking and cycling trail which crosses access roads to Boyd Road.
The new Wonthaggi-Inverloch track shares a portion of the Boyd Road access.
Residents said retrospective approval would set a precedent for similar developments in sensitive residential areas.
The officer’s report substantially accepted resident concerns, concluding the site’s location in a rural living zone made it incompatible with surrounding residential properties.
“Whilst the proposed earthmoving business contributes to the local economy and fulfils a commercial and community need, the subject Contractor’s Depot should be appropriately sited within a commercial or industrial zone as opposed to a sensitive
residential area,” the report stated.
“The proposal is retrospective, and the offsite amenity impacts associated with the operation are already experienced by residents living in the surrounding area as consistently described across submitted objections.”
Cr Tim O’Brien said the council had to follow the planning process. “In this case the residents are clearly for Council taking action here. That's not to undervalue or to deliberately make things tough for the person who's conducting the business but … residents have the right to the quiet enjoyment of their properties.”
Cr Brett Tessari expressed sympathy for both sides. He said the applicant had been forced to operate the business from its current site because of a shortage of industrial land. “Over the years we've used the industrial estate for the wrong reasons in putting gymnasiums and cafes and milk bars and all kinds of things there.”
Cr Jon Temby said he understood how the situation had evolved. “That being said, this development was not approved, it's incompatible with the expectations of the rural residential area and the rail trail. This contractor's depot should be located in an industrial zone elsewhere in the shire.
“If council officers can assist with the identification of suitable locations of the business, that would be really helpful.
Cr Meg Edwards said that as a business owner she had sympathy for the applicant.
“I would like us to pull out every stop to help this business to find alternative land that is suitable to continue their operations, because the last thing that any of us want to see is a business impeded.”
Councillors voted eight to one to reject the application, with Cr Tessari abstaining.
The officer’s report substantially accepted resident concerns, concluding the site’s location in a rural living zone made it incompatible with surrounding residential properties.
“Whilst the proposed earthmoving business contributes to the local economy and fulfils a commercial and community need, the subject Contractor’s Depot should be appropriately sited within a commercial or industrial zone as opposed to a sensitive
residential area,” the report stated.
“The proposal is retrospective, and the offsite amenity impacts associated with the operation are already experienced by residents living in the surrounding area as consistently described across submitted objections.”
Cr Tim O’Brien said the council had to follow the planning process. “In this case the residents are clearly for Council taking action here. That's not to undervalue or to deliberately make things tough for the person who's conducting the business but … residents have the right to the quiet enjoyment of their properties.”
Cr Brett Tessari expressed sympathy for both sides. He said the applicant had been forced to operate the business from its current site because of a shortage of industrial land. “Over the years we've used the industrial estate for the wrong reasons in putting gymnasiums and cafes and milk bars and all kinds of things there.”
Cr Jon Temby said he understood how the situation had evolved. “That being said, this development was not approved, it's incompatible with the expectations of the rural residential area and the rail trail. This contractor's depot should be located in an industrial zone elsewhere in the shire.
“If council officers can assist with the identification of suitable locations of the business, that would be really helpful.
Cr Meg Edwards said that as a business owner she had sympathy for the applicant.
“I would like us to pull out every stop to help this business to find alternative land that is suitable to continue their operations, because the last thing that any of us want to see is a business impeded.”
Councillors voted eight to one to reject the application, with Cr Tessari abstaining.