Cape Woolamai Residents & Ratepayers  Association

CWRRA Committee

September 2006

Regarding proposed shopping/Bar-Tavern/Backpackers Accommodation Complex at Vista Place in Cape Woolamai, Phillip Island

Thanks for the long chat and good advice.  I've attached the files for both sides of the leaflet containing the image of the proposed shops/bar-tavern/accommodation complex at Vista Place in Cape Woolamai. This was letter-boxed to about 500 addresses in July.

Council heard this matter on 16 August, where the Bass Coast Shire's planning officers recommended that a permit should be granted, with 42 conditions.  However, the proposal was comprehensively bagged and voted down 6-0.

Cr Gareth Barlow led the charge by moving for rejection of the application.

He said: "I am concerned to hear from the planners that community concerns raised in submissions have been addressed.  I have received more calls over this issue than on anything else.  It is clear to me that there is strong community opposition to this project.  To facilitate this, we have to hand over council land for car parking.  This land could be used for other municipal purposes, and I am not prepared to do this."
(Phillip Island Advertiser, 30 August 2006)

Cr Barlow said that he believed the proposed use of the land as a tavern would substantially affect people living close by.

"I've been in pubs and I've listened to bands and you come out at 1 am and you're half deaf.  Even if your intentions were honourable, you'd wake up everyone on the street saying goodbye and shutting car doors.  No one wants a tavern.  We should refuse this on the grounds that the impact on the community would be substantial and detrimental."  (The Star, 29 August 2006)

Cr Veronica Dowman said that a space of just 3.6 metres divided the development from homes.  "These days, people don't want to live 3.6 metres away from the back of a pub, and backpackers accommodation.  The hotels at San Remo adequately serve the community."  She added:  "For us to hand our land over for car parking would not be a good thing."  (Advertiser, 30/8/06)

Cr Kelly Simrajh also opposed the application.  "This area is not ready for this.  I would have liked the direction of the police."  (The Star, 29/8/06)  And he expressed concern about economic impact on businesses at both San Remo and Newhaven, if another 15 shops opened in Cape Woolamai.  "It is not necessary.  To put another 15 shops here is over the top."  (Advertiser, 30/8/06)

Cr John Duscher expressed similar concerns.  "This is an area with large numbers of young families.  Traffic would increase.  The issue of both noise and parking must affect residents adversly.  I do not think this development is warranted in this sensitive area."  (Advertiser, 30/8/06)

Cr Barlow's motion to refuse a permit was carried 6-0 (with one absentee) on the following grounds:

1.  The proposed development will have an unacceptable impact on the amenity of the area.

2.  The proposed development provides insufficient on site car parking and relies excessively on off site car parking.

3.  The proposed development is not respectful of the character of the area.

4.  The proposed development exceeds the 8 metre ridge height recommended in the Phillip Island and San Remo Design Framework.

5.  The development represents an over development of the site.

(Footnote:  In a phone call prior to the meeting, Cr Barlow made it known to me that he had received more than 80 calls about this matter.  Of these, only about one-tenth were supportive of the proposal.)

Notice has now been given to objectors that the applicant is seeking a review of this decision at VCAT.  At this stage, my advice is that Council will be represented by its Planning Director, in defence of Council's decision. While not wishing to disparage the ability of Council's officers, this possibility concerns me greatly.  In a recent phone conversation with Assoc. Professor  Michael Buxton, of RMIT's Environment and Planning Department, he offered the suggestion that every effort should be made to convince Council that a very good barrister should be engaged to represent Council in VCAT.

I understand that this is unlikely, on budgetary grounds.  But, in the face of the overwhelming rejection of this proposal by the local Cape Woolamai community, what is more important?  Budgeting to create a nice-looking entrance to Wonthaggi, or acting to support the majority of approximately 1800 owners/occupiers of blocks in a residential estate on Phillip Island?

A calculation of rate revenues will reveal the simple fact that these ratepayers contribute around a million dollars annually into the Shire coffers!  This Vista Place development proposal is far and away the biggest issue to hit Cape Woolamai in the last ten years, apart from the special charge-scheme funding of the sealing of streets to the west of Woolamai Beach Road.  A top silk from Toorak would cost the Shire less than 1 per cent of the revenue collected annually from these Cape Woolamai ratepayers.  And I think we're worth it!

Bob Thompson
Owner/Resident, Cape Woolamai

PS - if there are any planning/development barristers out there who have a soft spot for Phillip Island and/or coastal amenity issues in general, and who would be prepared to offer their services at low cost - or even pro bono - I would very much welcome their emails or calls, via Ratepayers Victoria. Email Jack_d@iinet.net.au  or phone 9570 6227
 

 Do you want this at Vista Place
in Cape Woolamai?

If you are concerned about this proposed development, contact your ward councillor Gareth Barlow, NOW, on 5952 5653, and
post a personal objection to the Bass Coast Shire Council.

Information to assist your objection is provided as follows, compliments of the
 Cape Woolamai Residents & Ratepayers

Proposed retail/tavern development at Vista Place, Cape Woolamai

(Planning Permit Application 050825)

Mr Arthur McKenzie, principal of Sunderland Bay Constructions Pty Ltd, has submitted a revised application to the Bass Coast Shire Council for a planning permit to build and “Use and develop a retail/tavern, (backpackers) accommodation, residence and car parking” complex on the vacant land that lies to the east of the existing shops and the Stonegrill restaurant in the Vista Place precinct of Cape Woolamai.  This matter will come before Council in August.  We know it is a burden, but if you are against this development, your determined help is needed to defeat this proposal.

It would seem that the current critical issues for approval or rejection of this proposal will be provision of adequate car parking for shoppers and patrons of the bistro/tavern, and the all-important amenity issues for owners/occupiers of surrounding properties.  Please follow these steps:

Step 1.  You may examine the revised application and any supporting documents at the offices of the Bass Coast Shire Council in Cowes or Wonthaggi.  If this is not convenient, we recommend that you write to the Bass Coast Shire Council (asap!) and request that they urgently post out to you a copy of the revised application, together with the supporting architectural plans and any notes to these plans. We suggest you send this request to the Chief Executive Officer, Bass Coast Shire Council, P.O. Box 118, Wonthaggi Vic 3995.

Step 2.  Write a personal objection to the proposal.  For this to have effect, however, you must observe a set of Guidelines set down by the Bass Coast Shire Council.  In summary, you must

·        put your objection in writing;

·        state your reasons for your objection; and

·        importantly, state how you would be affected by the granting of a permit for this proposal.

(Where there is more than one person in a household, please send in multiple personal objections, individually signed.)

Step 3.  Post your objection to the Shire CEO, at the address given in Step 1, no later than 25 July.

If you need help, please contact Bob Thompson, CWRRA committee member, on 5956 7021.  Listed below are some possible grounds for objection, but we suggest you use these only as a guide for formulating your own personal response.

·         Landholders who have purchased properties in the vicinity of this site would never have expected that a single large-scale development of this kind would ever be proposed for this site.

·         The proponent has stated that he plans to apply for a licence permitting the sale of liquor to patrons until 1 am in the morning.  For ‘special events’, this could easily be extended.

·         It is anticipated that noise levels from entertainment provided at this venue may cause considerable upset to residents in the area.

·         If well patronised, the proposed number of car parking spaces both on and off site will be inadequate.  The CWRRA does not support use of the area adjoining the Stonegrill Restaurant for supplementary car parking, though this application is dependent upon this.  It is anticipated that many narrow streets in the estate will frequently be jam packed with parked cars, and residents will be affected in unacceptable ways.

·         It is inevitable that a proportion of patrons at this kind of bistro/tavern/accommodation venue will behave in ways that are offensive to local residents; problems caused by excessive alcohol consumption, coarse language, drug use, invasions of privacy - and worse - can all be anticipated.

·         Any other objections that arise from your own personal circumstances !

The CWRRA Committee hopes you will support our stance on this important issue
for Cape Woolamai.    WE URGE YOU TO ACT IMMEDIATELY!

RATEPAYERS VICTORIA, Inc. A0040924M - PO BOX 1057 Huntingdale, Victoria 3166