Finally, government gazettes end to Wonthaggi overlay fiasco

The Minister for Planning, Sonya Kilkenny, approved Amendment C168basc to the Bass Coast Planning Scheme last Friday, July 12 finally removing the highly-restrictive impediment on established homes and building blocks in Wonthaggi’s north-east housing precinct.

The news of the removal of the blight on titles, that had long since cleared all planning and building hurdles, has been warmly welcomed by affected residents.

“I just checked the property link and great news, the EAO has finally come off properties in Summerfields Estate, where I live. So relieved and extremely grateful to the committee and everyone involved in seeing this through. Way to go Wonthaggi residents!”

That was typical of the messages posted on social media, including on the Facebook page managed by the Wonthaggi Residents Affected by the Environmental Audit Overlay.

The Bass Coast Shire Council issued the following EAO Update on July 12, 2024:

“Planning scheme amendment C168 has been approved by the Minister for Planning to remove the EAO from land within Northern Views Estate, Summerfields Estate, Parklands Estate and Powlett Ridge Estate where a preliminary risk screen assessment (PRSA), completed pursuant to Part 8.3 of the Environment Protection Act 2017, shows it is unlikely there is contamination on site and that an environmental audit is not required.

“To confirm whether the EAO has been removed from your property you can generate a free planning property report for your property at https://www.planning.vic.gov.au/planning-schemes/planning-property-report

“Alternatively, you can review the instructions (below) to access a map that shows zones/overlays, particularly given that some properties may not yet be titled or have an address. See: https://www.basscoast.vic.gov.au/assets/general-images/Environmental-Audit-Overlay-How-to-Guide-1.pdf

“Copies of the completed PRSA's are available on the EPA website.

“Our Planners continue to be available to assist with any questions you may have.”

According to Planning Amendment C168basc the amendment amends Map No.57EAO, Map No.61EAO and Map No.64EAO to remove the Environmental Audit Overlay from land in Northern Views Estate, Summerfields Estate and Parklands Stage 7 and Powlett Ridge Estate, Wonthaggi North, where a preliminary risk screen assessment (PRSA), completed pursuant to Part 8.3 of the Environment Protection Act 2017, shows it is unlikely there is contamination on site and that an environmental audit is not required.”

The amendment signed off by David Kirkland, Acting Director, State Planning Services Department of Transport and Planning, is now in force.

The local community campaign, initiated in April this year to have the offending overlays removed from the Wonthaggi housing estates, follows a fiasco created by the State Government’s statutory planning arm, the Victorian Planning Authority, when it retrospectively introduced the highly-restrictive overlays on more than 600 established houses and titled blocks in the town’s residential growth area.

The overlays, introduced on January 18, 2024 without consultation or advice, stopped home building projects in their tracks leaving building block owners distraught and tradesmen on the side lines.

Meanwhile, the uncertainty and claims of contamination risk, wiped hundreds of thousands of dollars off the value of established homes, and in cases where the homes and blocks were on the market, cruelled any chance of a sale until the damaging debacle was sorted out.

Having failed to escalate the issue, back in August 2022, by informing the community when the VPA made it clear in their draft planning amendment C152 that they intended introducing retrospective Environmental Audit Overlays across the four Wonthaggi housing estates, the Bass Coast Shire Council was completely unaware that the overlays had come into force on January 18, 2024 and did not take action until an aggrieved resident brought the issue to their attention more than three months later.

What happens now that the offending overlays have been removed, only time will tell but the issue is scheduled for debate in State Parliament in coming weeks, courtesy of a petition signed by more than 4000 people.

See Government Gazette attached: https://d3pbdxdl8c65wb.cloudfront.net/n/569/2024/Jul/13/GG2024S388.pdf