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131-133 Esplanade Brighton

An application to review our notice of decision to grant a planning permit has been lodged with the Victorian Civil and Administrative Tribunal (VCAT) by residents to planning permit No. 2016/266 for 131-133 Esplanade, Brighton VIC 3186.

For more information

If you have queries about this appeal, please contact Sarah Collins, Statutory Planning Coordinator on:

Phone

(03) 9599 4666

Email

vcat [at] bayside.vic.gov.au

The Victorian Civil and Administrative Tribunal (VCAT) has listed the application for review for a seven day hearing on 13 – 17 and 20 – 21 November 2017. There will also be a three hour compulsory conference at 9:30am on 27 September 2017

At the hearing of this matter, Bayside City Council (as the permit applicant) will seek leave to substitute amended plans. You can access the amended plans, statement of changes and supporting material via the links below.

The amended application is for a permit to:

  • Use the land as a minor sport and recreation facility (lifesaving club), place of assembly (multi-purpose function space) and food and drink premises (café) under clause 36.02-1 of the Bayside Planning Scheme;
  • Remove native vegetation under clause 42.02-2 and clause 52.17-2;
  • Partial demolition and/or works to the heritage bluestone sea wall and demolition and works associated with the construction of the new forecourt, timber decking and rain garden under clause 43.01-1;
  • Waive the loading bay requirements under clause 52.07;
  • Alter access to a road in a Road Zone, Category 1 under clause 52.29.

The proposal relates to the construction of a two storey building (Building) to accommodate the Brighton Lifesaving Club facilities, a multi-purpose space, café and public terrace, the use for a minor sport and recreation facility (lifesaving club), place of assembly (multi-purpose function space) and food and drink premises (café) and the redevelopment of the adjacent car park and associated bicycle facilities and pathways.

As the proposed construction of the Building (and the redevelopment of the adjacent car park and associated bicycle facilities and pathways) is being undertaken by or on behalf of Council in its capacity as the public land manager, it does not require planning permission for its construction under clause 36.02-2 of the Bayside Planning Scheme.  There is no right of review for this aspect of the proposal under section 82 of the Planning and Environment Act 1987 (Act).

If you wish to be joined as a party to the VCAT proceeding, you must seek leave from VCAT and indicate that you want to attend the hearing as an ‘interested party’.  You must pay the applicable fee and file a Statement of Grounds with VCAT and serve a copy on Council no later than 4:00pm on 4 September 2017. Alternatively, you may seek leave from VCAT:

  • to bring an application as a separate applicant under section 82 of the Act if you have previously lodged an objection to the permit application with Council in its capacity as the responsible authority; or
  • to bring an application under section 82B of the Act if you have not lodged an objection. 

You can also seek to be joined as a co-applicant to an existing objector’s application for review with permission of that party.

VCAT amended application

Documentation

VCAT orders

Decision and report

Proposed plans

Supporting documents