GAP IN PLANNING AND SLOW REACTION FROM COUNCIL HAS STATE-WIDE IMPLICATIONS
It seems there is a gap in the planning laws big enough to drive a wind turbine through!
In 2020, a situation developed in Surf Beach where installation of a 10.5m wind turbine appeared likely to leave neighbours and residents severely impacted. If it had been possible for proper community consultation to take place, it may not have got to this stage.
On September 22nd 2020, an email was sent to Government from Birdlife Australia, raising their concerns that there will be detrimental consequences to the adjacent Short-tailed Shearwater breeding colony. Click here to read the full email.
On September 21st 2020 , an email was sent to Council’s building surveyor by a Surf Beach property owner, summarising community concerns and requesting they use Emergency Powers under Section 102 of the Safety and Building Act 1993. Click here to see the full text.
On September 18th 2020, local residents spoke with Tony Jones on 3AW Mornings, and to Channel 9 News in the evening
Council has been aware of this unresolved planning issue since 2003, and now Bass Coast Shire Council CEO Ali Wastie has written to the State Government highlighting the planning loophole. Ms Wastie has acknowledged resident concerns, explaining the turbine was considered “ancillary to the dwelling”, is proposed to be under 11m which does not trigger a planning permit in the general residential zone and the output of energy from is considered within acceptable parameters for domestic use.
“It is unfortunate that as it stands a planning permit is not required.” Ms Wastie said. “As CEO, I have written to the state government to request amendments to planning schemes to enable council review and oversight of domestic wind turbines. I have also written to the landowner regarding the community concerns.”
“The Victorian Building Authority have confirmed that the turbine is an unclassifiable structure and therefore exempt from regulations.”
Island Voice is disappointed that Council has not been able to find a way to stop construction until the issue can be better understood and community consultation has ensued. Alternative energy will form a significant part of our future but requires appropriate controls everywhere.
Ms Wastie did state that Council would pursue any and all enforcement options, but the turbine was finally erected in June 2022, and was reported by A Current Affair