Private land owners near Victoria’s beaches to lose ability to develop 'as of right'

Private land owners near Victoria’s beaches to lose ability to develop 'as of right'
Jennifer DukeDecember 7, 2020

The Victorian Planning Minister, Matthew Guy, has made a move to ensure that private land owners on beaches covered by Public Conservation and Resource zones will only be able to go ahead with the agreement of the state government.

Before this, there was apparently a loophole allowing private land owners the ability to build permanent structures ‘as of right’. This could be anything from a deck, verandah or shade structure to a fence, sign or significant outdoor furniture.

Now, however, these zones will be kept from private development under amendment VC115.

“The Victorian Coalition government will not allow public accessed beaches to be built  on, where the land is technically held in private ownership,” Guy said in a recent statement.

They are currently further looking at legislative options regarding clarifying title boundaries around Port Phillip Bay.

No use or development will be able to go ahead on the land without a planning permit from now on. To obtain this, an owner must put in an application, which will then look to seek consent from the Secretary of the Department of Environment and Primary Industries. A local planning authority will assess the applications. This is likely to be the local council for many.

“With this change, any permit application to use or develop land within this zone will require consent. This is wide-ranging and includes fences, signs, outdoor furniture, shade sails, flag-poles, sheds, pergolas, verandahs and decks. Until today’s reforms, building these structures on private land in this zone did not require a planning permit.”

Guy expressed his belief that this was an appropriate response, with the government currently working on the process of defining boundaries in areas with a high water mark.

“This change to the PCR zone will ensure proper management of beaches. It will prevent inappropriate development and construction from occurring. Beaches will remain accessible for everyone in this state – as they should be.”

Jennifer Duke

Jennifer Duke was a property writer at Property Observer

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