VCAT orders developer to rewrite application for major Peterborough project

The proposed 25-lot development fronting the Great Ocean Road in the centre of Peterborough was given a provisional green light by Moyne Shire Council in March, subject to the developer meeting 54 conditions to ensure the project met state planning requirements.

But both the developer and objectors to the development have taken the council to VCAT over the permit, with the developer disputing a condition that would drastically reduce the number of lots on the site and the neighbouring objectors arguing the permit doesn't meet planning standards and the council has circumvented proper planning procedures.

Before the first hearing at the tribunal VCAT quickly found a further issue with the application: a crucial document ensuring Aboriginal cultural heritage wouldn't be disturbed or destroyed by the development was potentially not fit for purpose.

The Culture Heritage Management Plan (CHMP) submitted with the current permit application had been created in 2017 for a previous version

of the development that was substantially different to the current 25-lot proposal. Since 2017 the section of the site considered an "area of cultural heritage sensitivity" had also expanded.

Following a practice day hearing on June 30 the VCAT member ruled the changes to the proposed development and cultural sensitivity of the land meant the developer would have to start the CHMP from scratch.

The member also considered whether the council's decision to grant the permit was inconsistent with conditions in the 2017 CHMP.

They decided not to rule on the issue, but highlighted a condition in the CHMP requiring the applicant to "obtain statutory approval" and potentially create a new CHMP if there were "any changes" to the ground being affected by the development.

"As I have stated, there are such changes," the member said.

The council said it wouldn't comment on a matter before VCAT but has consistently said it has followed correct planning processes.

Cr Jim Doukas said the latest ruling was further proof the permit should never have been granted.

"The council officer shouldn't have given it the tick," he said.

"It's got ramifications everywhere. There are lots more developments on the drawing board.

"If we let this person get away with it everyone will be able to do it."

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