Bringing the springs back to life

DCSCA has proposed a joint project with the City of Greater Geelong (CoGG) to revive the mineral springs from which Clifton Springs gets its name.

Clifton Springs in its heyday 1890

We believe that at least 3 springs have their outlets between the high and low water marks on the Clifton Springs beach. Originally, they were well above the water line and were the focus of the Clifton Springs spa in the 19th and early 20th centuries, where people from the Geelong and Melbourne regions came to "take the waters" for their alleged health-giving properties.

More recently, the water from the springs has been declared unfit for drinking - ironic, given the early claims that it improved drinkers' health! For this reason, the area has been allowed to deteriorate. Coastal erosion continues to take its toll on the site (see the two photos), with the result that the springs outlets are now submerged by the incoming tide.

Spring into the future?
DCSCA would like the historic springs that gave Clifton Springs its name to “live on” and enhance the experience of visitors to the area. More specifically, we would like the spring water outlets to be revived as an historic feature, visible from the planned boardwalk that will go around the nearby promontary.

We are proposing a three-stage process to revive the springs:
1. Identify and record the location of the spring water outlet (at low tide!). Place a temporary 'collar' (e.g. a concrete tube) over each outlet, so that the spring water discharges above the high water level.
2. Ensure that the boardwalk offers suitable points from which to view all of the spring water outlets and include pointers to each spring, plus information about them, in the fabric of the boardwalk.
3. On completion of the boardwalk, replace the temporary 'collars' with more attractive structures. Invite local artists (e.g. sculptors, glass artists) to submit expressions of interest in creating one or more of these features; and invite local schools, groups, clubs and residents to suggest design ideas.

Photos:
* SpringDale Collectables on Facebook
* A. S. Miner Geotechnical (2011) Coastal erosion and stability study: Clifton Springs. Report to City of Greater Geelong . p22.

The mural's unveiled!

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A glass and ceramic mural saying, "Welcome to Drysdale" was unveiled officially today on the outer wall of the Senior Citizens Club, from where it is visible across Drysdale's village green.

L to R: Tess Grace, Mercedes Drummond, Uncle David Tournier, Kaye Clancy, Sue Van Everey, Doug Carson

The unveiling ceremony started with a "Welcome to Country" by Uncle David Tournier, from the Wathaurong Aboriginal Co-op, who has been an advisor to the mural project.

Mercedes Drummond, from the Festival of Glass committee, then told the story of the mural's creation; and Sue Van Everey, President of the Rotary Club of Drysdale, led the official unveiling.

The glass and ceramic mural is an initiative of the Drysdale & Clifton Springs Community Association and its Festival of Glass sub-committee.

Festival convenor Doug Carson said, "The mural is the latest link in the area's long association with glass and we're very grateful to all the local people and organisations that have made it happen. We're grateful especially to the Rotary Club of Drysdale, the Bendigo Bank and Drysdale's Hello World travel agency for their financial support."

The "Welcome to Drysdale" mural unveiled!

Worth waiting for!

Festival of Glass members Mercedes Drummond and Doug Carson ran the mural project, which started in December 2013, when Bellarine Secondary College Students - led by their teacher Tess Grace and local ceramic artist Kaye Clancy - created a collection of ceramic tiles. Each tile depicts a moment in the area's past or present and the whole collection forms the mural's border.

Inside the border, at the mural's centre, is a a single large piece of 'slumped glass' saying "Welcome to Drysdale", which was made by Geelong's Wathaurong Glass Company.

L to R: Tess Grace, Uncle David Tournier, Mercedes Drummond, Kaye Clancy, Sue Van Everey.

Could "Greening my Geelong" mean destroying threatened species?

The City of Greater Geelong (CoGG) is currently considering an application to destroy a roadside run of native trees that includes members of a threatened species.

The trees are on the eastern side of Grubb Road opposite the Ocean Grove Nature Reserve and the application to destroy them is associated with the construction of the new Kingston estate.

More information about the proposal is available from Ms Bree Lord, Statutory Planning Department, City of Greater Geelong (statplanning@geelongcity.vic.gov.au).

Opposition online
The application has aroused widespread opposition, including an online petition (via change.org) asking Geelong council to retain the trees in Grubb Road. Organisers of the petition hope to gather 1,000 signatures and by 18 August 2016 have gathered 812.

The petition is titled, "Geelong City Council: Stop developers tearing down native trees in Ocean Grove". You can read more and sign the petition here:
https://www.change.org/p/geelong-city-council-stop-developers-tearing-down-native-trees-in-ocean-grove?recruiter=586100525&utm_source=share_petition&utm_medium=email&utm_campaign=share_email_responsive

Opposition in person
If you wish to comment on the proposal, you might like to use DCSCA's objection (see below) as a starting point for your own. Indeed, you might like to just copy DCSCA's objection and submit it under your own name, although personal touches always strengthen objections. If you submit an objection, could you please send a copy to DCSCA (dryclift@bigpond.com), so that we can keep a count.

DCSCA's position

The Drysdale & Clifton Springs Community Association Inc. (DCSCA) objects to this application which, if granted, would lead to the destruction of a significant number of native trees on the eastern side of Grubb Road. Our reasons for objecting are presented below.

1.         Loss of general amenity. Destroying these trees will completely change the character of this entrance to Ocean Grove. The trees are covered by a Significant Vegetation Overlay, because they form a striking entrance to Ocean Grove, enhancing the town’s character and attractiveness and screening an industrial area; destroying these trees would reduce the area from an attractive, semi-rural vista to just another suburban streetscape. However, if the trees were retained, they would actively contribute to the general amenity of the new housing estate.

2.         Loss of amenity at the Ocean Grove Nature Reserve (OGNR). Destroying these trees will isolate the OGNR as an island of indigenous vegetation; and the large car park, together with the road itself, will form a large asphalted zone near the OGNR. This will seriously reduce the amenity of the eastern section of the OGNR, replacing the current view of paddocks and roadside vegetation with a bleak view of a car park. However, if the trees were retained, they would actively improve the area, breaking up and ‘softening’ the view from the OGNR to the new housing estate.

3.         Reduction in environmental health. Geelong council promotes itself with the slogan “Greening my Geelong”, but is considering an application to destroy examples of a threatened species! Many of the trees are Bellarine Yellow Gums (E. leucoxylon ssp bellarinensis), which is listed as a threatened species; and the other large trees are Swamp Gums (E. ovata). Both contribute to the environmental health of the area by providing habitats for many species of birds, invertebrates and small reptiles. These trees effectively act as ‘spillovers’ from the Ocean Grove Nature Reserve, extending its effects without extending its boundaries.

4.         Inadequate justification. The applicant argues that destroying the trees will make way for extra access points onto Grubb Road, as well as the main intersection between Grubb Road and Coastal Boulevard; but gives no clear reasons for creating these extra access points. The aim of destroying all the trees on the eastern side of Grubb Road appears to be to enable the Kingston Estate shopping centre to be built before Grubb Road is widened. However, there is no urgent need for shops to service the estate, given its proximity to the large shopping centre of Ocean Grove.

5.         Undermining the council’s Revised Ocean Grove Structure Plan. At the very least, a decision on the proposed destruction of the trees in Grubb Road should be deferred until after an appropriate urban design/landscape study, informed by community consultation, is undertaken. We agree with the conclusions of a report published in July 2016 by the City of Greater Geelong’s Planning Panel (Greater Geelong Planning Scheme Amendment C346 Ocean Grove Structure Plan and Town Centre Urban Design Framework):

·      An urban design or landscape study, involving consultation with all stakeholders, is required to determine an appropriate treatment for the entry of the town, integration with the new Grubb Road activity centre as well as the rural interfaces.

·      · Community consultation should identify safety and traffic concerns to be addressed in the planning and design phase of the road project.

 

DCSCA comments on town square proposals

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DCSCA has lodged a substantial submission with the City of Greater Geelong (CoGG) concerning its proposals to remodel Drysdale's 'town square', including extending the shopping complex.

CoGG’s proposals are in a glossy booklet, copies of which are available at the CoGG Customer Service Centre. The council held an information session at the Senior Citizens' club on the evening of Wednesday 6 July and has invited public comment on the proposals by July 29th.

In its submission, DCSCA congratulated the City of Greater Geelong for the thoroughness of its consultation exercise and the resources it has expended on it. It asked how the council would respond to the submissions, to demonstrate that the consultation was meaningful; and it asked how much the exercise had cost and whether the council had borne the whole cost.

A summary of DCSCA's 4-page submission follows.

Benefits

The proposals offer several benefits. They could refresh the area, enhancing its attractiveness and utility, reinforcing its role as a focal point of the town and boosting connectivity within the town centre. They could also resolve the current mix of gradients, improving access by cyclists and by pedestrians. A small children’s play area should be considered; parents/carers could watch children from the rotunda.

Problems

There are two problems with the proposals: they involve the sale of part of the ‘own square’ to support the extension of the shopping complex; and they add no more parking spaces to accommodate increased custom in the extended shopping complex. (The current car park has less than the regulation number of spaces; extending the complex without adding car parking will worsen an already bad situation.)

Omissions

There are several omissions from the proposals. These include the future of the rotunda, the library and the customer service centre; the traffic implications of the proposed new offices in Hancock Street; the relations with the forthcoming upgrades to Drysdale High Street; and any consideration of how the proposals could provide an ‘energy dividend’, e.g. by increasing energy efficiency in lighting, heating and cooling systems.

DCSCA's Big Night Out!

The Drysdale and Clifton Springs Community Association (DCSCA) will hold its Annual General Meeting on Wednesday 21 October at 7.00pm at SpringDale Neighbourhood Centre, 17-21 High Street, Drysdale 3222.

DCSCA's AGM is its most important event of the year. It's where the DCSCA Committee tells DCSCA members about its work in the past year and invites their responses.

Progress on the foreshore
DCSCA's 2015 AGM will feature Ralph Roob, Senior Environmental Engineer at the City of Greater Geelong's Environment & Natural Resources Department. Ralph has been in charge of the extensive work being done to the Clifton Springs Foreshore and he will update us on progress and plans. Ralph has conscientiously kept DCSCA informed about progress throughout this major project and he's a good speaker, so we're looking forward to his presentation.

The DCSCA Committee

DCSCA's AGM is also when DCSCA members elect a new Committee to run the association for the next year. The Committee consists of four officers (President, Vice President, Treasurer, Secretary/Public Officer) and ten members.

At its monthly meetings, the DCSCA Committee discusses and responds to local events and issues. The committee represents local views on local planning and development matters; and It also initiates events, including the annual Dell Environment Day (16 October), the annual Clean Up Australia Day and the annual Festival of Glass (February).

DCSCA meets Cllr. John Doull (5)

On 12 May, DCSCA Committee members met Councillor John Doull at City Hall. This was the fifth of the quarterly meetings that DCSCA has initiated with the two City of Greater Geelong (CoGG) Councillors whose wards coincide with DCSCA's area - the other is Councillor Rod Macdonald.
It was a very busy and productive meeting!

Roadside council notice boards
First, we raised the issue of the lack of roadside council 'welcome/what's on' notice boards on which to advertise events in our towns. These can be seen in towns elsewhere on the Bellarine, but not in ours. Cllr. Doull said that money was available for this from last year's budget and that he would talk to Cllr. Macdonald about each of them funding signs in their respective wards.

A swimming pool in Drysdale & Clifton SpringsWe said that there is clear - and growing - demand for a swimming pool in Drysdale & Clifton Springs, not least because the Ocean Grove pool is over-subscribed. However, there are no plans for a pool in the regional sports/recreation 'hub' at the junction of Andersons Road and Grubb Road in Drysdale. We suggested out that this is an issue facing people not just in Drysdale & Clifton Springs but along the North Bellarine, especially because of the uncertain future of the pool in Portarlington. We emphasised that although the council has no plans for a opool and despite council officers saying that the case for providing one was weak, DCSCA would persist in raising the matter, because of the strong local feeling about it. Cllr. Doull promised to raise the matter with Mr. Dean Frost (CoGG's Manager of Projects, Recreation & Central Gelong) and to invite him to talk about it at our next quarterly meeting.

Local economic development
DCSCA is suggesting that CoGG builds on the success of the 2011 Festival of Glass and uses the build-up to the 2012 Festival to announce a local business support program (e.g. advice and mentoring, assistance to explore new markets, rates relief) for small art and craft business on the Bellarine. That program could link with the 'Made in Geelong' initiative, which offers small businesses short-term leases on empty shops in central Geelong, enabling small art and craft businesses on the Bellarine - individually or in partnerships - to test their economic viability in a town center. We invited Cllr. Doull to support the proposal and he said that he would discuss it with Mr. Terry Demeo (CoGG's Manager of Planning Strategy and Economic Development), Ms. Kaz Paton (CoGG's Manager of Arts and Culture) and Mr. Steve Bentley (CoGG's Manager of Events, Central Geelong & Waterfront) and get back to us.

Then, we outlined DCSCA's argument that CoGG should build on the growing local concern about rising sea levels to develop the Bellarine Peninsula as a demonstration of a post-carbon economy. Cllr. Doull outlined Future Proofing Geelong - a strategy to develop Geelong in enironmentally sustainable ways - that includes a plan for low-carbon growth. (Future Proofing Geelong is launched today, May 12 2011.) Future Proofing Geelong is to have three 'reference groups' - 'Major Enterprises', 'Small & Medium Enterprises' and 'Community'. Major enterprises in Geelong have been involved in developing Future Proofing Geelong and the other two reference groups will be established in June 2011. Cllr. Doull suggested that we contact Ms Samantha Smith (CoGG's Co-ordinator, Future Proofing Geelong) to ask about becoming involved in the 'Community' reference group. Finally, we suggested that Geelong could use its role as host of the forthcoming Sustainable Economic Growth for Regional Australia conference to showcase some initiatives around local business support and a post-carbon economy. Cllr. Doull said that he would outline Future Proofing Geelong to that conference and that as Cllr. Rod Macdonald was leading preparations for the conference, we should approach him about our possible involvement.

Site-specific issues
Next, we discussed a series of issues specific to particular areas in our towns. We discussed the uncertainty around whether there would be an official 'launch' at The Dell of the new signage and the new lookout and we said that we would investigate further. Cllr. Doull suggested that we ask Mr. Mark Gallon (CoGG's Manager of Strategic Projects) about the possibility of releasing potable mineral springs water at The Dell by targeted drilling, associated with building another groin to protect the foreshore.

This led to a discussion of the development of a Masterplan for Beacon Point Reserve in Clifton Springs, for which $20,000 has been allocated in the council's 2011/12 budget. Cllr. Doull said that he wanted to see the area kept as a 'wild' place, identified clearly as a Reserve, with the addition of maybe a toilet block, a community meeting place and, perhaps, some appropriate sculpture. We said that DCSCA welcomed the proposal, which reinforces DCSCA's Open Space Network, which we launched last year to protect our remaining open spaces from development. Beacon Point Reserve is one of the nine open spaces in the Network, which we want to see linked by walking/cycling tracks. As a first step, we are seeking grant funding for a Northern Bike Trail (Drysdale Station, to the town centre, to the Recreation Reserve [Market area], to McLeods Waterholes, to Griggs Creek, to the Bay, to the Boat Ramp, to Drysdale station). Cllr. Doull applauded our initiative, advised us to ensure that major road crossings wouldn't be a problem and said that he would be happy to provide us with a letter of support to use in our fund-raising.

Finally, we raised two issues concerning the Springs Street area of Clifton Springs - another site in DCSCA's Open Space Network. First, CoGG recently employed a contractor to spray systemic weedkiller along the water course, with the result that the banks now feature matted dead vegetation. While this may be acceptable action in a drain, local residents have argued strongly that they regard the 'drain' as a water course, i.e. a potentially attractive feature of the area and DCSCA actively supports their view. Second, a new wall has been built between the Bowling Club and an adjacent property with the aim - as we understand it - 0f protecting that property if the Club's new dam is breached. Between the new dam and the new wall lies the Springs Street land - flood-prone already and apparently in danger of further floods from the Club's new dam. We argued that both the spraying and the new wall were ewvidence that the land is unsuitable for 'development' and should be rezoned - in accordance with local people's wishes - as 'Open Space'. Cllr. Doull said that he would talk to CoGG engineers about both issues and get back to us.

DCSCA's next quarterly meeting with Cllr. Doull will be on Thursday 4 August 2011. Any residents of the Drysdale/Clifton Springs area are welcome to ask DCSCA to raise any issue of concern with Cllr. Doull.

Council budget - a mixed bag

For people in Drysdale & Clifton Springs, the City of Greater Geelong's proposed 2011-12 budget represents a mixed bag.

The budget includes several good news items. It allocates funds to construct the first phase of the Lake Lorne walking track, to develop a Masterplan for a Beacon Point Reserve and to design a Bellarine Lookout. Each of these three sites is in the Open Spaces Network that DCSCA launched last year to protect our towns' dwindling open spaces, so these budget commitments are very welcome.

In the three years since DCSCA first proposed that a walking track be constructed around the perimeter of the Lake Lorne reserve, the original idea has been developed into a major upgrade of the facilities. The development of the original idea has featured extensive and effective consultation with local groups, individuals and organisations and DCSCA looks forward to a similar approach being taken to the development of a Masterplan for a Beacon Point Reserve and to the design of a Bellarine Lookout.

Good news for young people and for the environment
DCSCA is also pleased to see the budget supporting youth activities across the Bellarine, with $15,000 for the Bellarine Youth Action Team and $25,000 for the youth-run annual 'Spudfest' music event. Further good news is the $20,000 allocated to environment projects supported by the Bellarine Catchment Network. The budget also commits funds to a new netball court and lighting at Drysdale Reserve and to the further development of Drysdale's Potato Shed, including a grant of $12,500 to the Potato Shed's annual Family Fun Day.

No news on local economic development
The negative side of the budget is its silence on local economic development. DCSCA was interested to see whether the budget would address the council's continuing failure to plan for the Bellarine's economic development alongside the expansion of its population. DCSCA would like to see a greater diversity of local jobs - especially for young people - so that the expanding population can choose to work on the Bellarine or commute elsewhere.

The budget commits $25,000 to supporting industrial investment and $35,000 to supporting manufacturing, but doesn't specify where it will be spent. Recent history suggests that it won't be spent on the Bellarine. Further, the budget commits $180,00 to the council's sustainability project, Future Proofing Geelong, which includes a plan for low carbon growth in the Geelong region. (Future Proofing Geelong is launched officially today, 12 May 2011.) However, it isn't clear what this will mean in practice. The council refuses to promote a low carbon economy even on the Bellarine, let alone throughout the region.

DCSCA has argued consistently that the Bellarine could become a demonstration site of a low carbon economy, featuring cutting edge technologies and creating new high tech, high wage jobs. This would give the region's rapidly-expanding population real choices over whether they would like to work locally or elsewhere. It would prevent our towns becoming just dormitories for Geelong and Melbourne which, in the absence of good public transport, would mean continuing increases in commuter traffic on already-inadequate roads. Finally, developing the Bellarine as a demonstration site of a low carbon economy would attract visitors keen to 'see tomorrow's economy today', boosting tourism and its associated employment.

A chance to seize the day?
Geelong will host the 2011 Sustainable Economic Growth for Regional Australia (SEGRA) conference later this year and the budget includes $35,000 to pay the cost of it. The council could use that conference to showcase Future Proofing Geelong and, in that context, to announce its plans for a low carbon demonstration project on the Bellarine. Local councillors Doull and Macdonald could seize the initiative and ensure that the council applies the same sort of innovative thinking to the economic development of the Bellarine that it so proudly proclaims is being applied to the development of Amstrong Creek. They would certainly have major local support if they did.

School students sustaining The Dell

A hundred Clifton Springs Primary School students will celebrate the natural and cultural history of The Dell at Clifton Springs at an Environment Day on Friday October 16.

The students will join teachers, parents and local community groups in an ongoing project to protect and improve the area and hands-on activities will introduce them to its plants, animals and history.

The Dell Environment Day will also celebrate the launch of a new and innovative booklet about the area - Clifton Springs and Curlewis Coastal Reserves: flora, fauna and heritage.

Four years’ work

The 2015 Environment Day is the culmination of four years’ work by local community groups, environmental groups and schools to protect and enhance the indigenous vegetation of The Dell, Beacon Point and the Clifton Springs foreshore.

The four year project has included:

·      involving the local community - especially primary school students – in protecting and enhancing the area by informing them about its environmental and cultural/historical importance

·      clearing invasive weeds and woody plants

·      revegetating the area with indigenous plants that are local to the area and not found elsewhere on the Bellarine Peninsula

·      creating a plan to protect and enhance the area’s indigenous vegetation.

The Dell Environment Day is organised by the Drysdale and Clifton Springs Community Association and the Bellarine Catchment Network, supported by the Corangamite Catchment Management Authority, Bellarine Landcare Group and the City of Greater Geelong.

The Federal Government’s Caring For Our Country Community Grants programme has funded The Dell Environment Day and the associated revegetation of the area.

The organisers of The Dell Environment Day are pleased to acknowledge the Wadawurung people, the traditional custodians of the Land that includes The Dell, pay respect to the past and present Elders of the Wadawurung nation and extend that respect to other Indigenous Australians who are present.

MORE INFORMATION:

Matt Crawley, Bellarine Catchment Network: 0417 231 853

Doug Carson, Drysdale and Clifton Springs Community Association: 0418 371 308

DCSCA and the Caltex service station: a summary

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On 6^th August 2015, the Victorian Civil and Administrative Appeals Tribunal (VCAT) issued the following order:

" The Drysdale Clifton Springs Community Association (DCSCA) Inc. is ordered to pay the costs of Milemaker Petroleum Pty Ltd fixed in the sum of $5,500. The costs must be paid by 7 December 2015 or such later date as may be agreed by Milemaker Petroleum Pty Ltd."

DCSCA accepts VCAT’s ruling, acknowledges that its application to VCAT to overturn the planning permit was misconceived and no longer opposes the service station.

DCSCA’s application was submitted under section 89 of the Planning and Environment Act 1987, because it was lodged more than 21 days after the City of Greater Geelong (CoGG) gave Milemaker planning permission for its service station.

DCSCA acknowledges that a Section 89 application faces significant hurdles as it argues that a VCAT Tribunal could or, indeed, should cancel a permit that has already been issued. DCSCA also acknowledges that it failed to satisfy these hurdles.

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A new development

DCSCA lodged its application after the due date because of an extraordinary new development. Just eight weeks after CoGG gave Milemaker planning permission to build its service station, the council refused to give Planning Permission for a proposed child care centre in the same Rural Living Zone. The council judged that the proposed child care centre would be inconsistent with seven State Planning Policy Planning Framework clauses and inconsistent with the Drysdale Clifton Springs Structure Plan.

The development gave DCSCA a precedent to add to its arguments against a service station at that location. The publicity arising from CoGG’s inconsistent decisions led to community members providing additional information about the potential environmental dangers of locating hazardous materials (e.g. fuel products) close to the nearby watercourse.

The association came to believe that planning permission for the service station could be challenged on two grounds:

• the council’s inconsistent planning decisions
• the new information about potential environmental hazards.

These two new factors added weight to DCSCA’s arguments against a service station at that location, namely:

• it contradicted parts of the council’s own Structure Plan for Drysdale and Clifton Springs
• it increased the risk of  traffic accidents, especially to cyclists
• it increased the chances of traffic congestion at a junction that is already very busy
• it destroyed the rural ambience that marks-out the entrance to Drysdale.

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Meanwhile, evidence of community opposition to a service station at that location was growing. The council had received 47 written objections from residents; and subsequently, more that 400 people signed a petition opposing it. There was growing expectation that the association would, on behalf of the community, ask VCAT to overturn the planning permit for the service station.

Note! Neither the community nor DCSCA opposed a service station as such. Instead they opposed siting a service station at that particular location.

The DCSCA committee decided to lodge an application to VCAT as soon as possible. It did so in good faith, considering that such an action was in line with its Statement of Purposes and not vexatious. While its application was late, it didn’t hinder the progress of the service station. The council gave Milemaker planning permission subject to 27 conditions and DCSCA lodged its application to VCAT a full six months before those 27 conditions were met and the plans finally approved.

 DCSCA goes to VCAT

DCSCA prepared a Statement of Grounds to present to VCAT, detailing the community concerns with a service station at this location.

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At the VCAT Directions Hearing, Milemaker Petroleum was represented by senior counsel Mr. Tweedie. The following is an extract from VCAT’s ruling:

The essence of the submission on behalf of the permit holder was that an incorporated association could almost never demonstrate substantial disadvantage in a planning proceeding such as this, for example, it didn’t own any land could be impacted and the association (as distinct from its members) would not be personally affected. Mr Tweedie depicted the interest of this association as akin to an ‘intellectual’ one.

A subsequent article in The Age implies that DCSCA had prior knowledge of this argument: “The group had also been warned in an earlier ruling on the project that its case was extremely weak.” In fact, there was no earlier ruling. The first that the association’s representatives knew of this legal argument was when they were given documents detailing it inside the hearing room. Prior to the hearing, Milemaker’s lawyers had submitted a 127-page document that contained only evidence that DCSCA did not dispute – it did not contain Mr. Tweedie’s argument.

Had DCSCA been presented with this legal argument prior to the hearing, the committee would have had the opportunity to withdraw and would almost certainly have done so. The association’s representatives had come to the hearing prepared to express the community’s concerns about a service station at that location, whereas the Directions Hearing was concerned mainly with DCSCA’s legal position – a situation for which the Association’s representatives were totally unprepared and the committee as a whole was not aware of until after the hearing.

When VCAT invited Milemaker to apply for its legal costs, several prominent people wrote to VCAT asking it not to award costs against DCSCA: local federal MPs Richard Marles and Sarah Henderson, local state MP Lisa Neville and local councilor Rod Macdonald. They were joined by several individuals and groups in the community, including Bike Safe and the Bellarine Catchment Network.

After the VCAT hearing

Martin Pakula (Victorian Attorney-General) has suggested that while Milemaker Petroleum now had the right to recover costs from the Drysdale and Clifton Springs Community Association, "it could decide not to. I would encourage the respondent to consider its relationship with the local community in making that decision."

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Lisa Neville (Victorian Minister for Environment, Climate Change and Water; Member for Bellarine) expressed a similar view in a statement in the State Parliament and has sent a letter to Milemaker Petroleum asking them to waive the legal costs of $5,500 as a show of goodwill to the community of Drysdale and Clifton Springs.

Finally ...

DCSCA welcomes the news that the State Government is changing the planning legislation to require VCAT to take account not just of the views of people who would be ‘immediately affected’ by a planning decision, but also of the views of the local community. This will not change DCSCA’s case as the proposal will become law at some time in the future. However, it will enable community groups to object to a planning decision without having to demonstrate how they will be ‘materially affected’.

The DCSCA Committee         6/9/2015

Council to act on Andersons Road

The City of Greater Geelong (CoGG) has told DCSCA that it intends to extend Peninsula Drive to Belchers Road in Drysdale and to link this project with the construction of the sports centre and of the Drysdale bypass.

This very good news follows DCSCA's request that the council extend Peninsula Drive through to Belcher’s Road as a matter of urgency, to reduce traffic congestion and safety risks and to increase access by emergency services vehicles to the nearby schools precinct.

DCSCA's request reinforces a similar request to CoGG by Vic Roads. DCSCA had also asked that the works be completed prior to the start of construction of the Drysdale bypass.

CoGG has said that the Peninsula Drive project will depend on funding being available and that the council is examining various options to ensure completion "in a timely manner".

Council halts work on service station

The City of Greater Geelong (CoGG) has ordered Milemaker Petroleum to stop work on the site of its proposed service station at the Jetty Road roundabout.

Just a few weeks ago .....

The council has given overall planning permission for the proposed service station, but it has yet to approve several details of its construction, including drainage, waste management and road works. The council has received plans from Milemaker concerning these issues, but has yet to approve them. Until it does, Milemaker can undertake "site preparation", but nothing more.

The council has judged that Milemaker's work to date on the site constitutes more than "site preparation" - instead, it has "changed the topography of the land". This is considered to be a 'development' of the site and, as such, is not allowed. Consequently, the council has ordered Milemaker Petroleum to stop work on the site and is liaising with them on those issues of detail.

DCSCA and VCAT - latest news.
VCAT has ruled that DCSCA's application to overturn the council's planning permission for the service station was “misconceived”. Consequently, DCSCA representatives didn't have a chance to present their arguments and describe the level of local unrest about the service station. Milemaker Petroleum has indicated that it intends to make a claim for costs. VCAT will provide a timetable for Milemaker to make a formal submission for costs and for DCSCA to reply, but as of 23 April, nothing has been received.

DCSCA is trying to obtain some free legal assistance around the issue of costs; we will also seek letters of support from appropriate individuals and organisations.

DCSCA's continuing role.
DCSCA continues to try to be the voice of the community. It is trying to obtain the best outcome on the following issues: -
a) Protect the nearby dam by requesting groundwater pollution monitoring
b) Ensure that the council's Engineering Dept. knows of the community's concern about the safety – especially for cyclists and pedestrians – of the entry and exit points of the site.
c) Ensure that the construction process minimises disruption and inconvenience to nearby residents and disruption to traffic at this busy intersection.
d) Ensure that Milemaker keeps it commitment (in its application for planning permission) to re-plant and landscape the site

A service station at Jetty Road roundabout: the case against

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Next week, the Drysdale & Clifton Springs Community Association (DCSCA) will ask VCAT (Victorian Civil and Administrative Tribunal) to overturn the City of Greater Geelong's decision to approve a service station at the junction of Jetty Road and High Street, Drysdale.

What follows is DCSCA's formal 'Statement of Grounds Summary' to VCAT.

On behalf of the members of the Drysdale Clifton Springs Community Association (DCSCA) and residents of Drysdale Clifton Springs, DCSCA has compiled the following Statement of Grounds Summary:

1. Notification Process

DCSCA believes that residents along the nearby designated watercourse (Scarborough Creek), and most of the population of the Bellarine, would consider that they would be materially affected by this development.  The City of Greater Geelong (CoGG) did not take “reasonable measures” to comply with Section 52, thus denying these residents the opportunity to comment.

2. Hearing Panel Process

This did not address the concerns raised by the community.

3. The officer’s report (on which the approval of the application was granted)

This contained errors, omissions, outdated, conflicting and misleading information, unsubstantiated opinion and failed to direct the hearing panel to the correct Decision Guidelines as required by State Planning Policy Framework. A crucial summary item presented to the Hearing Panel was inconsistent with statements under Assessment Local Policy Framework within the report.

4. The assessment process

This was flawed – priority was not given to the criteria specified under Clause 65 (Decision Guidelines): -

• The application fails to respond to Clause 11.05-3 (Rural Productivity), Clause 21.07-5 (Rural Areas) Clause 21.14 (The Bellarine Peninsula), Clause 22.04 (Discretionary uses in Rural Living and Low Density Residential Areas) and Clause 35.03 (Rural Living Zone).

• The proposal is not consistent with the Drysdale Clifton Springs Structure Plan 2010, which identifies the site and surrounds should be maintained as a rural residential character.

• The proposal fails to meet the criteria Clause 17.01.1 (Economic Development – Business) in that it presents no evidence that it needs to be at this location and not at another location on the highway that is consistent with the DCS Structure Plan.

• The proposal is not consistent with Clause 18.01 (Transport System) in that it does not provide an amenity that is lacking on the transport route and will increase traffic congestion and will significantly compromise the safety of cyclists.

• The proposal is not consistent with the purpose of Clause 35.03 (Rural Living Zone) or its decision guidelines. The proposal seeks to introduce a commercial development, which is at odds with the rural residential character of the area. Furthermore, the proposed use is not associated with a residential or agricultural use.

• The application does not satisfactorily respond to Clause 65 (Decision Guidelines). An assessment against the required relevant decision guidelines would not support the application.

5. Traffic issues 

Serious safety concerns, congestion, danger to cyclists using the Principal Bicycle Network (PBN).

6. Environmental Issues – degradation to area, pollution, litter

• The application will have a negative impact on the nearby dam and associated watercourse contravening the State Environment Protection Policy (Groundwaters of Victoria).

• The application requires the installation of underground petroleum systems in an identified “sensitive site”.

• There is a long-term risk of a toxic site in a sensitive location close to a designated watercourse.

7. Reduced ambience and amenity

8. The City of Greater Geelong did not consider community opinion.