THE response to Wonthaggi’s planning fiasco by the Premier Jacinta Allan, in State Parliament last week, has lit a fire under the local campaign to get the retrospective Environmental Audit Overlays rescinded by government.

According to the chair of the local action committee, John Duscher, Ms Allan’s response was both insensitive and just plain wrong.

Here’s what the Premier said in State Parliament last Tuesday, May 28 in answer to a question from Opposition Leader John Pesutto, asking whether she stood by the decision to introduce the retrospective controls, potentially costing affected residents up to $80,000 to “clear this blight on their properties”.

“In answering the Leader of the Opposition’s question, he is referring to a planning issue that has been an issue for the Bass Coast community for a number of years now.”

“She was wrong,” said John Duscher this week.

“It has only been an issue for us since it was introduced on January 18 this year, and the affected residents only started finding out about it in late April.

“She is clearly unaware of the impact this has had on the daily lives of those caught up in this and its already having an impact on the town.”

One of the families impacted, referenced by the Opposition Leader and the Premier as “Brett and Amy”, are Brett and Amy Wagenaar and their two young children Rory and Milly, residents of Wonthaggi’s Powlett Ridge Estate.

Amy has stoically referred to her family as “one of the lucky ones” having built their house in the Powlett Ridge Estate over four years ago, but finding out about the costly and restrictive at a difficult time.

“However, two months ago our 11-month-old daughter had 13 hours of brain surgery to remove a brain lesion that was causing her to have seizures.

“We spent a long six weeks at Royal Children’s Hospital as the lesion was connected to her right arm and leg movements, so she needs ongoing therapy sessions to try to teach her to crawl and how to use the right side.”

Making it more difficult, they arrived home to the news that a significant amount had been wiped off the value of their home by this new, retrospective overlay.

“It’s emotional,” said John Duscher.

“I’ve spoken to many people brought to tears by this; young couples who’ve put everything into trying to build a home, retirees who never would have come here if they’d known this work hadn’t been done. Others worried about the amount that has been wiped off the value of their only real asset, or who have finished building but can’t get occupancy.

“They can’t be made to wait for a long-winded bureaucratic response.

“And it’s putting a black mark on the whole town, an area that was earmarked for residential growth by the government, which has invested in hospitals and schools here, only to go ahead and cut our legs off.

“There’s also the impact on the builders and tradies. It’s an absolute disgrace. Builders have been told to stay away because it might be contaminated but with what?

“To apply overlays over the whole area without consultation is an incredible injustice and it needs to be fixed now.”

Mr Duscher said the longer it dragged on the worse it would also get for Wonthaggi as a residential destination.

And he has urged the local community to go online and support the petition sponsored by the Member for Eastern Victoria, Renee Heath, search: “Petition Rescind the Environmental Audit Overlay in the Wonthaggi North East Precinct Structure Plan” or to sign hard-copy petitions around the town and at locations including Inverloch, Cape Paterson, Dalyston, and Kilcunda.

“There’s only a week to go for the petition, and we need your support,” he said.

“We’ll be in State Parliament when they present the petition.”

A problem they didn’t need

FOR Brett and Amy Wagenaar, residents of Wonthaggi’s Powlett Ridge Estate, the sudden imposition of a highly restrictive planning overlay, four years after moving into their home is a retrospective problem that could do without.

Here is their story:

This is our story as John Pesutto mentioned in parliament.

We are one of the lucky ones as we have built our house in the Powlett Ridge Estate and have lived here for four years.

However, two months ago, our-11-month-old daughter had 13-hour’s brain surgery to remove a brain lesion that was causing her to have seizures.

We spent a long six weeks at Royal Children’s hospital as the lesion was connected to her right arm and leg movements, so she needs ongoing therapy sessions to try to teach her to crawl and how to use the right side.

We also have a 5-year-old son who has been greatly impacted by this. When we finally got home from the hospital, we were greeted with this news of the EAO through social media and we are devastated that our land could be contaminated, and the correct checks were not completed by Council at the rezoning and subdivision stage.

And that our house has lost value which was our asset and security should we need to sell for family reasons etc. We are now in financial loss because of this overlay and we are possibly putting our children at risk with contamination.

With a terminally ill young child and a 5-year-old son we are struggling with this EAO although we consider ourselves fortunate to have a house as not being able to build like others would be more devastating.

This EAO needs to be removed immediately.

Helped others in the same boat

LIAM Martin was one of the first people to raise the alarm, in April this year, despite the fact that retrospective Environmental Audit Overlays had been imposed in secret three months earlier.

His immediate response was to help others but he’s also got his own problems. This is his story:

My name is Liam, and my partner's name is Aurora. We discovered this overlay through our builder, who explained that work on our house couldn't commence until the necessary soil testing was completed. I had diligently saved and budgeted throughout my teens and early twenties to fulfill my dream of owning a home. However, due to this overlay, my future plans have been indefinitely put on hold.

It's been two months since the delay began, as I simply can't afford the exorbitant cost of the testing. Any further delay could force me to bear the burden of price increases imposed by my builder. The stress from this situation has taken a toll on my health and well-being, making it difficult for me to sleep at night.

Purchasing this land was once a source of immense pride and accomplishment for me, but now I regret it deeply, despite it being no fault of my own. I implore the State Government to alleviate our suffering by reversing their decision to apply this overlay to our land.

Ruined their Wonthaggi dream

HELEN Povall and her partner Ann Fitts came to Wonthaggi two years ago in retirement, never expecting to be recruited into a campaign to fight the imposition of a retrospective planning overlay on their established home and that of their neighbours. Here’s their story:

Having purchased the land in North Wonthaggi at the end of a difficult two years of metro Melbourne lockdowns, we began the build in August 2021. I retired, and we sold our property in Pakenham. Our home was to be our forever home.

We moved into our sustainable custom, all-electric home, in late March 2022, and have lived here over the last couple of years, busy with gardens, landscaping, shed erection, laying of concrete pathways, drainage, and all the other jobs that are needed with a new build.

Confident there was no reason to take out Title Insurance at the time of purchase, we continued with our lives, feeling fairly secure, as the Section 32 to Lot 127 stated that there was NIL agricultural contamination.

One night about three weeks ago I read there was an Environmental Assessment Overlay that had been laid on many blocks of land in the north and the east. The Sentinel Times, and the Vic Planning website land search confirmed that indeed our property is included, despite being in receipt of all the requisite paperwork to build and occupy our property, by the authorities at the time.

I cannot believe it - no mention of who is responsible for the four truckloads of so called 'probable contaminated soils and rubble' that have already been removed from our site during the building process (and I presume nearly everyone's circumstances will be very similar), no explanation from anyone with authority, no discussions, emails, or letters from State Government or our Local Government.

It is an absolute disgrace. And don't even talk to me about the 'probable contamination' from runoff that is currently flowing into our rivers and seas unchecked, from right across the estate in North Wonthaggi, and I would expect the same scenario in the east of Wonthaggi. Who, out of all this mess, has truly believed the problems of 'probable contaminated land', is so concerned that they have stepped up to save the environment? Did it stop various departments from developing the land in question? Building roads? Digging a massive grid of trenching all over the new developments for sewage and stormwater - disturbing the so-call probably contaminated lands in question? I can answer that one - NO ONE.

Now we have all shared our 'contaminated soils', and mixed it wit other landowners, brought in new soil, fill, and recycled crushed concrete.

What was going to be a very nice nest egg for our beneficiaries, has turned out to be a millstone around our necks. Can't sell it, because no one would want it, have to live here now, as no more income. We've done nothing wrong. We've jumped through every legal framework put in front of us to date, and have all the documentation to prove it. This does not pass the 'Pub Test', at all. Helen Povall.

There are hundreds of stories like these where the lives of innocent, unsuspecting, decent, ordinary people have had their lives impacted and even ruined without consultation or consideration.

Sign the petition

The petition to be tabled in the Victorian Legislative Council reads as follows:

The petition of certain citizens of the State of Victoria draws to the attention of the Legislative Council that hundreds of property owners in North Wonthaggi have unfairly and unreasonably been placed under severe stress, with their health and wellbeing severely and adversely impacted by the State Government’s decision to blight their properties with the recent introduction of a new and retrospective Environmental Audit Overlay. The Wonthaggi North East Precinct Structure Plan (PSP) was approved by the Minister for Planning and gazetted on 18 January 2024 under Amendment C152. It will affect nearly 1,100 acres, an estimated 1,000 plus residents in over 500 properties and up to 5,000 blocks of land, including the estates of Parklands, Powlett Ridge, Summerfields and Northern Views. Landowners and residents will now be required to undertake an environmental assessment before they can build a new home or add structures to their blocks. At a minimum this will involve a preliminary risk screen assessment which can cost more than $15,000 and, if an environmental audit is required, it is reported that this can cost as much as $80,000.

The petitioners therefore request that the Legislative Council call on the Government to, as a matter of urgency, immediately rescind the decision to retrospectively blight the properties of hundreds of owners in the Wonthaggi North East Precinct Structure Plan locality with the newly introduced Environmental Audit Overlay.

Please sign here