Development at 76 Greg Norman Drive
SLRS Newsletters on 4th July 2016, 13th July 2016 and 22nd August 2016 provided an outline of a proposal submitted to Wyndham City Council for a 5-storey building providing retail space, apartments, restaurant and a café at 76 Greg Norman Drive, Sanctuary Lakes. 184 objections were lodged with Wyndham and Wyndham rejected the proposal at its meeting on 12th September 2016 as outlined in the SLRS Newsletter of 13th September 2016. Relevant Newsletters are available on the SLR website under Community.
Sanctuary Lakes Village Pty Ltd (SL Village) lodged an objection with VCAT concerning the Wyndham City Council decision.
Various meetings and a compulsory conference have been held by VCAT where both Sanctuary Lakes Resort Service Limited (SLRS) and Sanctuary Lakes Club Limited (the Golf Club) have been represented.
SL Village has prepared an alternative design which has addressed many of the concerns of the earlier proposal. This proposal is now in the public domain “without prejudice” and copies are available at the offices of Wyndham City Council and VCAT. The latest proposal provides:
- A three-storey building with two underground levels of parking plus some parking at street level;
- Ground floor providing retail space, a 150-seat restaurant and a 60-seat café;
- 43 apartments over levels 2 and 3 plus 3 apartments at ground level;
- An open roof-top garden space.
Wyndham has advised VCAT that the 3-storey alternative should be treated as a new project and therefore be subject to all the planning checks from the beginning.
The Wyndham planning processes are the same for any such building project in most jurisdictions. Objections to Wyndham planning decisions may be appealed to VCAT (Victorian Civil & Administrative Tribunal). VCAT is a tribunal that tries to help litigants find agreement but if that is not successful, VCAT can issue rulings. In this case, nothing should be finally approved until it has been through the Wyndham planning processes.
At the VCAT Compulsory Conference, interested persons could make prior written submissions without appearing at VCAT but these were neither tabled nor discussed at the Compulsory Conference and we therefore do not how many, if any, submissions were lodged. Hopefully the VCAT Member took account of any relevant matters in his deliberations.
In respect of this development, neither SLRS nor any residents can ban the development or veto features. The City of Wyndham and VCAT will ensure that all planning rules have been obeyed, even if SLRS believes some rules are unsuitable. For example, Wyndham allows one car parking space for each 2-bedroom apartment and two spaces for three-bedroom apartments. We know from experience that this is inadequate depending upon who occupies those apartments. In the restaurant, 0.4 car spaces are to be provided for each seat in the restaurant. These rules are not negotiable and apply to all developments. Our Sanctuary Lakes developer appears to have sold this land to Sanctuary Lakes Village Pty Ltd without applying the usual Sanctuary Lakes ARC or other rules. Therefore City of Wyndham and Victorian planning guidelines apply.
Late in 2016, the Victorian Department of Planning lifted the planning overlay that covered the Sanctuary Lakes Resort development. This action now allows formal objections to be made to planning applications at Sanctuary Lakes Resort.
VCAT held a further hearing on 27th and 28th April 2017 where the key topics discussed were amenity, parking, traffic and access, inward deliveries and outward waste disposal as well as a range of practical issues relating to the design of the buildings.
Participating in the Hearing were the applicant, Sanctuary Lakes Village P/L (SLV), the City of Wyndham (WCC) and Sanctuary Lakes Resort Services Ltd (SLRS), all represented by their lawyers, together with the Sanctuary Lakes Golf Club (SLCL) and a Sanctuary Lakes resident.
SLV presented their latest proposal and explained the changes. WCC, the Resident, SLCL and SLRS in turn presented their concerns and objections. Thereafter SLV produced their three expert witnesses in respect to landscaping, parking, traffic and waste, and planning who, in turn, explained their support for the development and some issues that had been dealt with along the way. Those witnesses were then questioned in some considerable detail by WCC and SLRS as well as by the two VCAT members presiding over the hearing.
Whilst by the end of the day SLV had agreed to a significant increase in car parking, and a range of other improvements had also been agreed to, the VCAT members were not satisfied that the plans provided adequate information to answer all questions raised and allow for an informed final decision to be made.
The VCAT members instructed SLV to produce more detailed plans, addressing the concerns raised, within 4 weeks. The other parties will then have a further 4 weeks to review and comment upon those plans. Thereafter, depending upon the issues raised by the other parties, the VCAT members may make a final decision or reconvene the Hearing for further discussion/arguments.
VCAT has issued interim orders specifying what additional information it requires from SLV by 23rd June 2017. City of Wyndham, SLRS and SLCL will then have until 14th July 2017 to submit further objections if necessary.
The proposal for a 5 storey development was amended to a three storey development with apartments, restaurant, café and retail spaces when the case was taken to VCAT by the applicant. After several months, and several Hearing days, VCAT has now issued its Orders, granting a permit for "A three storey building (plus roof top garden) comprising dwellings, two ground floor retail tenancies, in a Commercial 1 Zone".
During the Hearings, the plans were amended several times to reduce the number of apartments, increase the number of parking spaces on site and comply with a range of requests from the City of Wyndham, Sanctuary Lakes Club Ltd and Sanctuary Lakes Resort Services Ltd. In addition, the City of Wyndham requested that a range of conditions/safeguards be imposed and VCAT imposed some further conditions as well.
The Developer of the site must now complete construction drawings, based on the VCAT Orders, before applying for a Building Permit from the City of Wyndham.
Sanctuary Lakes Resort Services believes that, in its current form, this development should be a welcome addition to Sanctuary Lakes Resort and looks forward to its early completion so that the central hub of the Resort is finally complete.
19th September 2017
Wyndham decides road to South Shore Gardens
At its meeting on 27th June 2017, Wyndham City Council affirmed its 2014 decision that an access road will be provided between Middle Park Drive and The Address Estate.
Council will “monitor traffic conditions in Middle Park Drive once the access road with The Address estate is open to determine whether traffic using the road is creating a hazard.”
Councillors adopted the recommendations of the officers which are based on providing additional vehicular access between neighbourhoods and allowing residents of South Shore Gardens and The Address to share access to Point Cook Road. One of their key arguments is that when traffic lights are installed at the Sneydes Road corner, a raised median strip in Point Cook Road will separate southbound and northbound traffic and require all traffic to turn left into Point Cook Road from Middle Park Drive.
The decision by Council was moved by our local Harrison Ward’s Cr. McAliney. Another Harrison Ward Councillor, Cr. Hooper, spoke in favour of the officers’ recommendation. The motion was carried 9 votes to one, with Harrison Ward’s Cr. Khan opposing the motion. One councillor was absent. We do regret that 3 of our Harrison Ward Councillors voted against the considered wishes of residents - hardly the representation that residents expect.
SLRS staff and a group of concerned residents from South Shore Gardens had a number of discussions with Councillors and Council staff. SLRS Board and staff and residents oppose the Council proposal and do not want the access laneway open to vehicular traffic. The concerns of residents and SLRS are:
- Both the new laneway (Glacier Street) and Middle Park Drive are too narrow for the traffic likely to be generated, especially with garbage collection trucks and, potentially, construction vehicles turning at the corner of Middle Park Drive into Glacier Street. The road widths are not considered fit for purpose and present a potential safety hazard.
- Residents chose to live in South Shore Gardens because of the lack of through traffic, the ease with which residents can walk to the park and the security that the area provides. These issues have been ignored by Council which maintains road access is the prime consideration.
- Residents rank safety and security more important than saving a couple of minutes accessing Point Cook Road and/or Saltwater Promenade.
- Residents of the northern streets in The Address and the construction vehicles involved in the many new homes to be built in that area will be encouraged by the laneway to drive through Middle Park Drive so that they can avoid the increasingly congested intersection of Point Cook Road and Sneydes Road.
Sadly, it seems that the rights of newcomers appear to be more important than the wishes of those who pioneered the growth of Point Cook and have been contributing rates to the City of Wyndham for more than ten years. The Board and management of SLRS will continue to support the residents of South Shore Gardens.
29th June 2017
Future Sanctuary Lakes Schools
New Primary and Secondary Schools for Sanctuary Lakes / Point Cook South
Have Your Say
We have received the message below from the Victorian School Building Authority (VSBA) together with a request that we circulate it via our Newsletters. We also include links to two documents provided by VSBA with the message below.
Two new schools are proposed - Sanctuary Lakes South Primary P9 and Point Cook South Senior Secondary School. The locations are still to be finally determined.
Please read the following message, together with the two linked documents, and send in your comments as appropriate.
13 June 2017
New Schools in Sanctuary Lakes, Point Cook - have your say
Site selection and planning of designs has begun for two new schools in Sanctuary Lakes, Point Cook:
- Sanctuary Lakes South for Prep to Year 9
- Point Cook South Senior Secondary School for Years 10 to 12.
Now is your chance to help shape the design of your new schools.
The Victorian School Building Authority want to understand what's important to you, and how your local community can be reflected in the design of the new schools. Get involved and share your ideas about how they can:
- design schools that put students and learning first
- ensure the schools support diversity and student wellbeing
- make the schools sustainable and make use of state-of- the-art technology
- ensure the schools are integrated with the local community.
Visit engage.vic.gov.au/schoolbuildings to provide feedback, complete a survey, and register to attend the community workshop happening on Tuesday 20 June 2017.
Petition for Sanctuary Lakes as a Suburb
The Petition requesting recognition of Sanctuary Lakes as a suburb was presented to Hon. Jill Hennessy, Minister for Health and Member for Altona, on 10th November on the steps of Parliament House on behalf of all Sanctuary Lakes residents by SLRS Deputy Chairman, Theo Krug. The petition was presented to the Legislative Assembly by Ms Hennessy on 24th November 2015.
Sanctuary Lakes as a separate Suburb within the City of Wyndham
For some time, there has been interest and support from many residents for Sanctuary Lakes to be recognised as a suburb, separate from Point Cook. The Board has received informal advice that now is an appropriate time for Sanctuary Lakes to put its case.
There are three key components to the process:
- The residents of Sanctuary Lakes prepare a petition to Parliament to request the support of the Legislative Assembly for the recognition of Sanctuary Lakes as a suburb. The petition raises the issue with the state government but most importantly shows both the state government and the City of Wyndham that the request has wide support from residents;
- We seek the support of the Minister for Planning, Hon Richard Wynne, that shows that he grants his agreement to the proposal, which sends a message to the City of Wyndham; and
- We work with the City of Wyndham to obtain their support for our recognition as a suburb together with agreeing suitable boundaries for the new suburb.
The petition is the major component that involves residents. We need residents to sign the petition to show the proposal represents the wishes of the residents of Sanctuary Lakes. The response from residents was most commendable with 2,307 accepted signatures being obtained in just two weeks. This response strengthens our case and shows the strong level of support from residents for recognition as a suburb. Separately, the Board and management will prepare communications to the Minister for Planning and will be involved in discussions with the City of Wyndham concerning boundaries for the suburb.
The format of the petition must follow the rules set by Parliament. Parliament's rules require that petition details must appear on the same sheet of paper as that signed by the petitioners, which ensures that each petitioner sees the request when they sign. Signatures may appear on both sides of the sheet. The text of the petition is:
To the Legislative Assembly of Victoria:
The Petition of the residents and lot owners of Sanctuary Lakes draws to the attention of the House the desire of residents and lot owners to have Sanctuary Lakes recognised as a Suburb within the City of Wyndham.
Sanctuary Lakes has been an identified locality for 20 years as it has seen the development of various housing estates, a shopping centre bearing the Sanctuary Lakes name together with many of the shops and the post office within the Centre also using the Sanctuary Lakes name, the Sanctuary Lakes Hotel and the Sanctuary Lakes Golf Links of championship standard. Within the proposed boundaries, the current population of around 9,500 will grow to over 11,000 within 2-3 years.
The rapid growth of new housing developments within the City of Wyndham is well known. There is an increasing requirement for localities such as Sanctuary Lakes to be better identified, to develop and preserve their community identity rather than be merged as part of mega suburbs.
The petitioners therefore request that the Legislative Assembly of Victoria supports the recognition of Sanctuary Lakes as a suburb.
The purpose of being designated as a suburb is to enable the Sanctuary Lakes name to be used in all Sanctuary Lakes addresses. Currently, most government departments, the City of Wyndham and major companies such as the banks do not accept Sanctuary Lakes as an address and include all addresses as Point Cook. Suburb status will enhance the identity of Sanctuary Lakes as a community to be better identified and to develop and preserve the community identity. Many industries such as real estate have recognised Sanctuary Lakes for some time.
Suburb status will not change our 3030 postcode which we will continue to share with Werribee, Point Cook and others. Sanctuary Lakes would, however, be listed in post code directories under 3030. Postcodes are the property of Australia Post for their use in the distribution of mail. Australia Post does not allocate postcodes for other purposes.
The suburb boundaries will likely include not only Sanctuary Lakes Resort but also The Address (Stockland development south of South Shore Gardens) and Esperance as well as Sanctuary Lakes Shopping Centre and Sanctuary Lakes Hotel. Suburb names cannot normally follow the name used by a developer but can adopt names that an area has been known by for some time.
We will argue that the Sanctuary Lakes name has been in common use for 20 years and therefore qualifies for recognition. We are proposing that generally the land known as Sanctuary Lakes and initially held by the first developer, Sanctuary Lakes Pty Ltd, be considered as the suburb, subject to some variations to create "natural" boundaries such as Point Cook Road, Skeleton Creek and the city boundary between Wyndham and Hobsons Bay. These details will be negotiated with the City of Wyndham. The City of Wyndham will make the final decision regarding boundaries. Currently City of Wyndham is working with the Office of Geographic Names concerning proposed boundaries.
The final step is that the suburb name is gazetted by the Registrar of Geographic Names.
Council Meeting - 12th September 2016
The Special Meeting of the Council of the City of Wyndham met on Monday 12th September 2016 and made the following decisions.
Council decided to progress the issue of Sanctuary Lakes as a suburb with the following actions:
1. Seek community input about proposed suburb boundaries for Sanctuary Lakes;
2. Seek advice from the Office of Geographic Names (OGN) of the likelihood of success if an exemption to use the estate name of Sanctuary Lakes as a suburb is sought;
3. Take no action on any advice from the OGN until the commencement of the next Council term; and
4. Advise Sanctuary Lakes Resort Services Limited accordingly.
SLRS has submitted proposed boundaries for the suburb. It is standard practice required by OGN that Council obtains ratepayer input on the boundaries of the proposed suburb to ascertain each ratepayer’s position regarding being located within a new suburb. Council will proceed with this process. The result of the survey may lead to the draft boundaries being adjusted.
When the results of the survey on boundaries are known, the further steps will be taken by City of Wyndham and Office of Geographic Names.
On 31st July 2017, SLRS was advised that a new 3-person staff team has been appointed by Wyndham to progress naming matters in Wyndham including the suburb name for Sanctuary Lakes.
On 14th August 2017, two members of the Wyndham team visited Sanctuary Lakes to become familiar with the site and review likely boundaries for the suburb of Sanctuary Lakes. Progress may be slow but the matter is being progressed.
Updated 15th August 2017