Why council’s letter demands an apology

THIS is an excerpt from the letter that was sent by the Bass Coast Shire Council to landowners in Wonthaggi’s north-east residential growth area last week (dated June 3, 2024). It should have been sent on January 18.

Dear Sir/Madam, I am writing to inform you about the recent implementation of the Environmental Audit Overlay on the address above. I want to acknowledge this has been a stressful situation for many individuals and families. We are working to expedite a positive solution on this matter with you. This follows gazettal of the Wonthaggi North East Precinct Structure Plan on 18 January 2024 by the Victorian Government under recommendation from the Victorian Planning Authority.

In 2023, the Victorian Planning Authority finalised the Wonthaggi North East Precinct Structure Plan Amendment C152 as part of its Fast-track Response to COVID-19 recovery program. This letter outlines the background (edited for space), and the steps Bass Coast Shire Council is taking, to address the impacts of this overlay.

As part of the amendment C152 the Victorian Planning Authority recommended including land within the Precinct under the Environmental Audit Overlay so that Preliminary Risk Screen Assessments and/or Environmental Audits could be completed before building works occur. These risk assessments typically occur prior to subdivision of the land. In this case, the amendment includes a number of properties previously subdivided. Our records show your property is included within the Overlay.

There are implications for these already subdivided residential properties. If building works are proposed for a sensitive use (such as building a dwelling), then a Preliminary Risk Screen Assessment is required as a minimum before any building works are permitted. Additionally, where the Environmental Audit Overlay has been applied to an existing dwelling, any ancillary buildings and works (any activities requiring footings or foundations) that disturb the soil will also trigger a Preliminary Risk Screen Assessment.

Next Steps: Bass Coast Shire Council, the Victorian Planning Authority and the Environment Protection Authority are working together to resolve this matter as quickly as possible. An initial review by the Environment Protection Authority on 22 May 2024 found insufficient information to remove any properties from the Environmental Audit Overlay. The Environment Protection Authority recommended properties undergo Preliminary Risk Screen Assessments so that, where appropriate, they be considered for removal from the Overlay. This is a technical process with assessments completed by professional consultants, guided by Council and the Environment Protection Authority. Preliminary Risk Screen Assessments conducted by Environment Protection Authority appointed Environmental Auditors, evaluate the historical use of the land – primarily farming in this case – and determine if an environmental audit is needed based on potential contamination risks. If the risk is deemed low or nil, then no further investigation is required, and the Overlay may be removed. If the assessment is rated medium or high, then an Environmental Audit may be required to remove the property from the Overlay.

 Bass Coast Shire Council has engaged Prensa Environmental Auditors to conduct site investigations over the next six weeks and complete Preliminary Risk Screen Assessments on all previously subdivided properties within the Overlay. Prensa has already started its initial research and its representatives are scheduled to be present on site between 11 and 24 June 2024.

Council will fund these assessments in partnership with the Victorian Planning Authority (letter continues).

Yours sincerely Greg Box Chief Executive Officer
 

Editor’s note: Council now needs to issue an official apology for not sending this letter six months ago, and failing to take the action it is now taking.