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Wonthaggi overlay scandal: The onus is on you, says shire

3 min read

IN A crushing blow for the hundreds of new homeowners and building block owners in Wonthaggi’s recently gazetted North East housing development precinct, the Bass Coast Shire Council has announced that it is “unable to alter the requirements of an Environmental Audit Overlay”.

In a statement released by the shire on Anzac Day, April 25, the shire says it is up to “developers or homeowners to complete a risk screening survey before Council can approve planning permits”.

Local planning and environment consultants say it could cost upwards of $20,000 to have “a preliminary risk screen assessment statement” completed but up to $80,000 if “an environmental audit statement under Part 8.3 of the Environment Protection Act 2017” is required to completely address any potential contamination risk.

The shire also says “we are also working with developers to keep individual landowners informed” but the fact is that many people in the Parklands Estate, and those early buyers in the Powlett Ridge and Northern Views estates are still completely unaware that there is a new, highly restrictive overlay on their title, stopping them from going ahead and building their new home, and appearing on their Section 32 if they are planning on selling.

It must be stressed that those who have already built a house in these estates, and have all their landscaping and outside works completed, don’t necessarily have to do anything.

But an unresolved overlay will still exist on their title.

Owners of land in these areas are encouraged to get legal and planning advice about their options.

Shire statement

This statement has been released by Bass Coast Shire Council CEO Greg Box:

“An Environmental Audit Overlay (EAO) was applied to parts of the Wonthaggi North East Precinct Structure Plan (PSP) in January this year, after the land had been sub-divided for residential use.

“The overlay was put in place by the State Government Victorian Planning Authority (VPA) after it was determined that parts of the precinct could have contaminated soil due to a history of farming on the land.

“The overlay requires developers or homeowners to complete a risk screening survey before Council can approve planning permits. It does not prevent homes being built on the land.

“While Council is unable to alter the requirements of an Environmental Audit Overlay (EAO), we are in constant discussion with the Victorian Planning Authority to resolve the situation urgently. We are also working with developers to keep individual landowners informed.

“We understand this is a stressful time for homeowners in the affected areas, and those who hold titles to build.

“Council has now developed a page on our website for affected community members.

https://www.basscoast.vic.gov.au/building-planning/wonthaggi-north-east-growth-area/environmental-audit-overlay

The statement by the shire follows the gazetting by the State Government, through the VPA, of a new planning overlay, an Environmental Audit Overlay (EAO) over all of the blocks of land in Wonthaggi’s North East housing development precinct.

Under pressure to make some progress on the state’s housing crisis, the State Government fast-tracked the gazetting of the new housing precinct in Wonthaggi in January this year but introduced the EAO impost mostly as a risk management tool.

Despite claims by the shire that the new planning controls were introduced “after it was determined that parts of the precinct could have contaminated soil due to a history of farming on the land”, no such report has been released.

Also, despite claims made by the shire this week that the new EAO “was applied to parts of the Wonthaggi North East Precinct Structure Plan, it has not been stated which parts of the estates have been affected, with Parklea representative Jarod Mills, claiming this week that he believes the new EAOs impact all of the land in the precinct.

The extent of the overlays has not been clarified by the shire in its statement.

The problem for some homeowners in the affected estates is that they have their properties on the market or are planning to sell and now find a new impediment on their titles and Section 32.