THE move by the Victorian Planning Authority and the Bass Coast Shire Council to retrospectively introduce the highly restrictive ‘Environmental Audit Overlay’ (EAO) on housing estates in Wonthaggi’s north-east development area, on January 18 this year, has class action written all over it.

That’s the view of one affected building block owner, in Wonthaggi’s Powlett Ridge Estate, who posted this on the Sentinel-Times’ Facebook page today: “Sounds like a class action lawsuit to me. I’m in one of the mentioned estates and I’m furious.”

The resident, who built some years ago in the new estate and is now looking to sell and move on is fearful the imposition of the EAO will delay the planned sale, impact the price or both.

"I'm considering my options but none of them look good right now," he said.

While it was initially suggested that addressing the conditions of the new overlay might cost each of the affected homeowners or building block owners “upwards of $50,000” for the required assessments to be carried out, local planning consultant, Grant Hailes of Beveridge Williams said the preliminary assessments could be completed for less than that, between $12,000 and $15,000.

However, a local civil engineer, Liam Martin, has since posted details online claiming it could cost a whole lot more.

“Navigating an EAO can be and extremely expensive and time consuming process. I believe the figures of $12,000 - $15,000 given by Grant Hailes is only for what is called a Preliminary Risk Screen Assessment (PRSA),” Mr Martin said in a response to the original Facebook post by the Sentinel-Times.

“I have been told by multiple Environmental Consultants that in most cases a PRSA needs to be elevated to a full Environmental Audit which can be extremely costly.

“If contamination if found, the land then needs to be "cleaned up".

“This presents landowners with a difficult dilemma as if they were to take steps to undertake a PRSA, they could be throwing away tens of thousands of dollars to only find out they are up for a much greater cost.

“Council and the VPA cannot be allowed to wash their hands of this mess. I encourage everyone to contact the local parliament member Jordan Crugnale and voice your dissatisfaction with what has happen here. She is aware of this issue and is working to help reach a resolution with Council and the VPA.”

Speaking to the Sentinel-Times today, Mr Martin said it was highly unusual for an Environmental Audit Overlay to be imposed on a small building block, especially retrospectively and after a home had already been built and occupied.

He said it would be problematic to carry out an environmental audit on a site where building works had been undertaken and roads and kerb and channel added.

“The preliminary assessments could cost $20,000 and up to $40,000 but they can’t definitely rule out contamination. You would need to go to a full environmental audit for that, costing up to $80,000.”

Mr Martin said any remedial work required would be on top of that.

His comments come as the Bass Coast Shire Council held an emergency briefing on the issue today, Wednesday, with some councillors commenting that they were totally unaware of the issue until last week.

The shire is yet to make a statement about the imposition of the new EAOs but a local developer received the following information from Principal Growth Area Planner Catherine Bryant on Monday this week, April 22.

“Please note that as a result of Planning Scheme Amendment C152 which was gazetted 18 January 2024, the land is now subject to the Environmental Audit Overlay (EAO).

“This overlay states that the requirements of that Clause 45.03-1 must be met before the commencement of construction or carrying out of buildings and works for a dwelling.

Environmental Audit Overlay: Along with other overlays, the subject land is covered by the Environmental Audit Overlay (EAO). A report detailing the zones and overlays of your land is attached for your information and records. The Bass Coast Planning Scheme specifies the following in relation to the EAO, pursuant to Clause 45.03-1:

Before a sensitive use (residential use, child care centre, kindergarten, pre-school centre, primary school, even if ancillary to another use), children's playground or secondary school commences or before the construction or carrying out of buildings and works in association with these uses commences:

• A preliminary risk screen assessment (PRSA) statement in accordance with the Environment Protection Act 2017 must be issued stating that an environmental audit is not required for the use or the proposed use; or

• An environmental audit statement under Part 8.3 of the Environment Protection Act 2017 must be issued stating that the land is suitable for the use or proposed use; or

• A certificate of environmental audit must be issued for the land in accordance with Part IXD of the Environment Protection Act 1970; or

• A statement of environmental audit must be issued for the land in accordance with Part IXD of the Environment Protection Act 1970 stating that the environmental conditions of the land are suitable for the use or proposed use.

* These requirements apply whether or not a planning permit is required.

“Pursuant to Clause 45.03-1 of the Bass Coast Planning Scheme, the proposed development of a dwelling is a sensitive use. Therefore, the requirements of Clause 45.03-1 need to be met before the commencement of construction or carrying out of buildings and works for a dwelling (as a sensitive use) and associated buildings and works.”

“You can view Clause 45.03-1 in full at the following link: 45.03 ENVIRONMENTAL AUDIT OVERLAY Bass Coast Planning Scheme - Ordinance

The following link provides an example PRSA statement: PRSA001028_c.pdf (azureedge.net).

To find out more about PRSA statements, you may find the EPA’s website helpful: Preliminary risk screen assessments | Environment Protection Authority Victoria (epa.vic.gov.au).