Cypress Lane

Council received an amended planning permit application for the development of a retirement village on the land shown below. The application is for a registered retirement village pursuant to section 9 of the Retirement Villages Act 1986 (Vic).

The development is contained in planning permit application 21/0333, which is publicly available via our ePlanning Portal. The development includes construction of a clubhouse, 120 independent living units, 16 one-bed apartments, 60 two-bed apartments, swimming pool and gym. 

Council considered the planning permit application at the August Council meeting. Council decided to issue a Notice of Decision to Grant a Permit for the proposed development of a retirement village in Cypress Lane.

The recording of the Council meeting is available on our recordings page. 

Council held a Special Council Meeting on 3 October to consider the proposed sale of land and discontinuance of Cypress Lane. Council did not approve the sale and discontinuance of the road. Read more in the media release.

The recording of the Special Council Meeting will be available on our recordings page.

Council decided to support the development of a retirement village at its August meeting. The decision has been appealed to Victorian Civil and Administrative Tribunal (VCAT) by objectors. VCAT will determine whether a permit should be issued.

Now that Council has decided that Cypress Lane and the public reserve is not for sale, it is expected that the developer will need to consider their options to redesign the development.

The proposed development was considered appropriate under the Surf Coast Planning Scheme and the Planning and Environment Act. To view the Council report on the application, visit the August Council meeting agenda and minutes pages.

The land is zoned Low Density Residential under the Surf Coast Shire Planning Scheme. Under the Low Density Residential Zone, a permit is required (Section 2) to use and develop the land for a retirement village. As such, an application can be made and considered for the use and development of the land for a retirement village. 

The mature trees that exist on the land — in particular along the western boundary abutting the Jetti Lane properties, within the Coombes Road frontage, and surrounding the existing dwelling — include non-indigenous Monetary Pine and Cypress trees. These trees are large, can be seen from beyond the property, and contribute to the landscape character of the area.

Native vegetation within the site is restricted to one small eucalypt in one of the eastern parcels and native grasses in an area of modified Grassy Woodland.

A planning permit is required to remove the eucalypt and an area of modified Grassy Woodland (2.656 hectares), which is described as a highly modified, grazed patches of native grasses.

The application has a concept landscape plan. It includes the potential retention of vegetation along the western boundary abutting Jetti Lane, and the planting of trees throughout the site, including site boundaries.

Conditions of approval require a vegetation management plan and a landscape plan to protect existing vegetation to be retained on the site and the planting of indigenous canopy trees around the perimeter of the site and close to the Deep Creek boundary.

Deep Creek will still be accessible via Jetti Lane and Piper Lane.

Conditions of approval require the pathway within the site to be available to the public 24 hours a day and be constructed in the first stage of the development

There is planted woodland that would be used by locally-common fauna species including tree mammals, birds and reptiles. The woodland can be used for nesting, foraging and shelter.

There is also open pasture that consists of highly modified habitat, which would provide few resources for native fauna.

The site provides no specific habitat value for any rare or threatened species.

The application includes the retention of some of the trees along part of the western boundary, and proposes the replanting of indigenous and native vegetation to provide future habitat for native and introduced birds and tree mammals. 

Council is committed to ensuring stormwater discharging from the site meets the performance objectives for stormwater quality as contained in the Urban Stormwater - Best Practice Environmental Management Guidelines.

The methodology for treatment will be assessed during the design stage, if a planning permit is issued. Installation will be supervised during the construction stage, if a planning permit is issued. Council would also enter into an agreement with the developer to ensure ongoing maintenance of the treatment system.

Conditions of approval require a stormwater management plan to ensure that flows do not have any detrimental downstream impacts, require ongoing monitoring of any erosion of Deep Creek and ongoing maintenance of the stormwater management system.  

The main environmental significance of this area is that it provides an important biolink within a relatively urbanised environment by connecting inland areas west of Torquay with the coast via the waterway corridor.

The applicant has provided professional reports assessing the environmental values of the subject site, a flood impact assessment and a stormwater strategy. The stormwater strategy proposes to use existing stormwater infrastructure, with no works proposed within the Deep Creek linear reserve.

These reports have been referred externally to Corangamite Catchment Management Authority (CCMA) and Department of Energy, Environment and Climate Change who have not objected to the proposal subject to conditions. The flood impact assessment and stormwater strategy have also undergone a peer review by external specialists.

On the basis that no direct works (i.e. vegetation removal, cut or fill) are proposed beyond the property boundary it is highly unlikely that the proposal, including the changes in stormwater, will adversely impact on ecological values in the creek.

Thank you to the community members who made a submission. Council carefully considered all of the public submissions and heard the community concerns. This has informed the conditions of approval.  

The proposal meets the requirements of the relevant planning policies and is also consistent with our Age Friendly Strategy, which includes increasing options for people to age well in place.

An objector has rights to appeal a decision of Council within 28 days of the date of the notice of decision.

Information regarding the appeal process can be found at VCAT. 

The planning permit application received by Council incorporates Cypress Lane and a portion of public land, known as reserve number 3. The portion of reserve number 3 and Cypress Lane proposed to be sold is shown in the below map. The planning permit application shows how these portions of land are intended to be used.

Given these areas are proposed to be incorporated into the development, Council needs to consider whether it will discontinue the road and sell portion of reserve number 3. We sought feedback from the community on both matters.

Cypress Lane covers 8,849m2. The portion of reserve number 3 proposed to be sold is approximately 1,790m2.

The total area of the development is 65,075m2 (6.5074 hectares) (including Cypress Lane and the relevant portion of reserve number 3).

Council will only consider selling Council owned land to abutting/adjoining landowners. 

The sale of the land must be valued by a licensed valuer at market value and this will be the basis of the consideration.

The potential sale of land is conditional on the land being used as housing for seniors or people with a disability, as per the February 2022 Council resolution.

As the planning application has been made for a retirement village, it will be governed by the rules within the Retirement Villages Act (1986). Council may also consider adding additional requirements within a proposed 173 Agreement to ensure the land is used in accordance with any approved permit.

There is no signed agreement between the Council and the applicant.

While the portion of reserve number three and the road reserve is the subject of the proposed sale, the majority and overall balance of land for the development is privately-owned. The land is zoned ‘low density residential’ and under the zoning, a permit is required to use and develop the land for a retirement village. There is no need to rezone this land for this type of use.

A request has been made for the discontinuance and sale of land, which Council needs to consider. Council has provided in-principle support and declared its intent to sell the land (which included community consultation).

Council will consider the planning application and request to discontinue and sell the land on their merits, including listening to what submitters and the applicant have to say.

There are a number of instances where Council is both a land owner under the Local Government Act, and a Responsible Authority under the Planning and Environment Act. The sale of land will be assessed under the Local Government Act and the planning permit was assessed under the Planning and Environment Act.

Any conditions included within an approved permit must comply with the Planning and Environment Act, and this assessment was made independently of the sale of land assessment.

The two processes are separate processes and were advertised at the same time so people could provide input on the proposed discontinuance and sale of land, and/or the planning permit application.

The potential discontinuance and sale is conditional on the land being used for a retirement village. It will also only proceed if the planning permit is approved by Council.

Given the two processes are conditional on each other, being advertised concurrently provided transparency. It also enabled the community to view and comment on the full picture when providing feedback on the respective matters. 

Since the early 1990s, members of the Body Corporate responsible for managing the common property had approached Council and its predecessor, the South Barwon District of the City of Greater Geelong, on multiple occasions requesting ownership and responsibility for the common property be transferred to Council.

Some portions of the common property were vested in Council in 1993/1994, with the balance of common property remaining in the name and under the management of the Body Corporate.

On or about early 2002, the Body Corporate again approached Surf Coast Shire Council requesting ownership and responsibility for the common property be transferred to Council.

A Council report dated 21 May 2002 set out that the Body Corporate made this request due to concerns by members that public liability issues, maintenance and renewal of the road infrastructure and creek land was too onerous and more appropriately undertaken by Council.

On 21 May 2002, Council resolved to take over ownership of the common property on the condition that the Body Corporate reimburse Council for its associated costs. Council required that the land and assets to be taken over, be brought back to minimum standards. The Body Corporate elected to pay those costs to Council to complete the necessary works in lieu of undertaking the works themselves.

Council also agreed that the laneways could be amalgamated into landowner titles, resulting in an increase of land area owned by some of the Body Corporate members between 180m2 to 1,200m2 and, accordingly, not all land owned by the Body Corporate was vested in Council.

Council completed the road upgrades and other works to Jetti Lane, Cypress Lane and Piper Lane and other required works. The land itself did not vest in Council until 2015, due to delays in members of the Body Corporate releasing their land titles for registration at the Land Titles Office. However Council continued to manage and maintain the road infrastructure and other assets, at its own cost, since the initial works were completed in the mid-2000s. 

By Council resolution dated 21 May 2002, Council agreed to have the land vested in Council. This was on the basis that the responsibilities and management of the land was more appropriately undertaken by Council.

At the time, the land was vested to Council based on its current use, namely the roads were vested as roads and the green space as reserve under the planning scheme. Council continues to manage the land in accordance with the planning scheme and its legislative function, which includes use of the land for the public benefit.

A Hearing of Submissions was held Tuesday 16 May. The planning permit application and the proposed discontinuance of the road/sale of land were heard.

You can view the recording of the Hearing of Submissions online.