Here is a timeline showing the history of the town boundary in relation to the Macafee Investments Ltd property and proposed development.
11 Nov 2003
Council meeting - Barwon Heads Urban Design Framework (UDF), Planisphere
•Development of the UDF used a highly consultative process
•A key recommendation of the UDF was to strengthen the western boundary. Another recommendation was to undertake a detailed study of Murtnagurt Lagoon to establish whether the current boundaries of the ESO2 are adequate.
•Council officers recommended the Council “adopt the Barwon Heads Urban Design Framework 2003” and proceed with a planning scheme amendment to include the 2-volume UDF as reference documents and change the local policy to reflect the UDF.
•Their recommendations to Council included:
“that Council include in the Local Policy an Urban Growth Boundary along the western edge of the township, following the boundary between the current Residential 1 and Rural zones, that places a limit on the western expansion of the township, to:
oMaintain and strengthen the valued character of the town as an ‘island’ with a powerful connection to the natural landscape that surrounds it.
oRetain the open landscape character between the 13th Beach Residential Estate and the established township through retention of the existing Rural zone abutting the western edge of the town (retain the current minimum Rural zone lot size of 80 hectares).
oSupport the strongly held community view that the development of the township should be contained within its current urban zoned boundaries.
It is also recommended that Council undertake a detailed study of Murtnaghurt Lagoon and associated wetland areas to the west of the established township, to establish whether the current boundaries of the Environmental Significance Overlay (ES02) for the protection of high value wetlands and associated habitat are appropriate.”
It was resolved:
“That consideration of the report be deferred.” (Cr Dowling moved, Cr Di Natale seconded)
25 Nov 2003
Council meeting - Barwon Heads Urban Design Framework (UDF), Planisphere
The report and recommendations to Council were the same as for 11 November 2003 (see above). Several amendments to the motion were put forward and lost before a resolution was reached. Judging by questions from the Barwon Heads community during question time, some Councillors were reluctant to adopt the UDF and were considering expanding the town boundary to accommodate the Macafee development.
It was resolved that:
“Council endorses the report … [and] in relation to the proposed land use changes, that proceedings commence on the statutory process to bring about the necessary amendments to the planning scheme”. There were also resolutions in support of the streetscape and other aspects of the UDF.
12 Oct 2004
Council meeting – Consideration of a rezoning application for Macafee property
Council resolved to “defer consideration of a Rezoning Application for 1920 Barwon Heads Road [the Macafee property], pending a review of the Barwon Heads Structure Plan to be undertaken by the end of 2006. This review is to include consideration of a development consistent with the concept of the Macafee proposal.” Council minutes include over 2 pages of ‘question time’ re the Macafee proposed development, including the following eg.: “Julie Drysdale asked why is it that this proposal is here again when it was clearly voted against when the Urban Design Framework was passed through Council in 2003, reinforcing the western boundary specifically to combat developments like this?”
5 Feb 2007
Concept plan submitted to Council by Macafee Investments Ltd for residential development of 1920 Barwon Heads Road
24 July 2007
Council meeting – Consideration of Draft Barwon Heads Structure Plan prepared for public exhibition
The Draft Structure Plan presented to Council included discussion and rejection of the proposed Macafee development. However, Councillors resolved to modify the Structure Plan by extending the town boundary to include the Macafee property, before placing the Draft Structure Plan on public exhibition.
20 Aug – 15 Oct 2007
The Draft Structure Plan was put on public exhibition for a 2 month period
This submission period included two community information sessions held by Council.
Macafee Investments had a full page advertisement in the Geelong Advertiser “Information for Barwon Heads Residents and Traders” - 27 August 2007
Three public meetings were held in Barwon Heads - attended by about 300 people each time.
During this time, the SBHA held 2 public meetings at the Community Hall which were attended by 300 people at each meeting. The Barwon Heads Association also held a public meeting which was attended by Council planners and a crowd of 300 people. The focus of the meetings was the proposed Macafee development.
Late Aug 2007
First package of promotional material delivered to every house in Barwon Heads by Macafee Investments
8 Sept 2007
Macafee Investments held first Open Day at 1920 Barwon Heads Rd
Early Oct 2007
Second package of promotional material delivered to every house in Barwon Heads by Macafee Investments
6th Oct 2007
Macafee Investments held second Open Day at 1920 Barwon Heads Rd
11 Dec 2007
Council meeting – Consideration of Submissions received on the Draft Barwon Heads Structure Plan
“A total of 873 submissions were received to the draft Structure Plan. These submissions primarily focussed on the issue of whether the western boundary should be extended. 771 submissions opposed the further extension of the western boundary with 82 submissions supportive of the extension.” (Council minutes)
Council resolved to “confirm the location of the western settlement boundary as aligning with the western most extent of the existing residential 1 zoning [and] make associated mapping and document changes in support of this position; [and] …. exhibit a planning scheme amendment to include the necessary elements of the Plan within the Greater Geelong Planning Scheme.” (Council minutes)
5 Feb – 23 Mar 2009
Planning Scheme Amendment on public exhibition and submissions invited
Planning Scheme Amendment C159 can be viewed on the Department of Planning's Amendments Online website.
28 July 2009
Council meeting – Consideration of Submissions on Planning Scheme Amendment C159
“Exhibition of Amendment C159 … resulted in receipt of 377 submissions, the overwhelming majority of which (366) expressed support for the amendment, in particular the designation of a firm settlement boundary along the western edge of the town intended to prevent urban encroachment into the adjoining rural land (Macafee property).”
It was recommended that Council endorse its position in regard to the town boundary and the Macafee property and refer the Amendment to a planning panel however the Council decided they needed further clarifications about the Thirteenth Beach Residential Estate and Golf Course and deferred their decision about the Planning Scheme Amendment.
25 Aug 2009
Council meeting – Consideration of Submissions on Planning Scheme Amendment C159
Having clarified the matter of concern re the Thirteenth Beach Residential Estate and Golf Course, Council resolved “to
(1) request the Minister for Planning to appoint an Independent Panel under Part 8 of the Planning and Environment Act;
2) refer all submissions to the Panel;
3) submit to the Panel its response to the submissions generally as outlined in this report (other than for the Thirteenth Beach Resort land);
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4)submit to the Panel that it supports the exhibited rezoning of the Thirteenth Beach Resort land to Rural Conservation zone.”
November 2009
A Government-appointed Planning Panel Hearing for Amendment C159 was held on 25th November to 3rd December 2009
SBHA presented a case at the Planning Panel advocating for the viability of the Barwon Heads township in terms of the town boundary and the wetland surroundings. We argued for retention of the green break and the town boundary, the protection of the Ramsar wetlands, and the rezoning of Stage C of the Thirteenth Beach Residential Estate and Golf Course to Rural Conservation Zone. SBHA was represented at the Planning Panel by Senior Counsel M. Quigley, Barrister E. Porter, the Environmental Defenders Office, Ecology Australia Ltd and GeoSurveys Ltd.
Council's submissions to the Planning Panel Hearing and some of the expert evidence presented by various parties is available on Council's website here.
27 January 2010
The Planning Panel Report was released
The Planning Panel Report was released in January 2010. The Report emphasises the environmental importance of Murtnagurt Lagoon and the wetland channel. The Panel Report reaffirms the international significance of the wetland, and recommends the town boundary be retained where it is. The Panel agrees with Council, the planners and community that there is no strategic reason for urban expansion and nor is there any community benefit to be gained, no matter what sweetners are on offer.
The Panel stated any future use of the Macafee Investments property could only be entertained as a means of restoring and enhancing the environmental condition of the wetland. The Panel states “this higher test is appropriate for the Macafee land given the significance of the Lagoon and channel and the lack of any demonstrable need or policy requirement to develop any part of the land for residential purposes”.
The arguments put forward by Macafee Investments at the Panel Hearing were, in summary, that the Structure Plan be abandoned, modified, or deferred. They argued for an expansion of the town boundary for residential development of their land and assured the Panel that they were not proposing any kind of industrial or commercial development. The Panel Report rejects these arguments and recommends the town boundary be retained.
The Panel also urges Council to prioritise its work on assessing future climate change impacts on Barwon Heads.
In regards to Stage C of the 13th Beach Residential Estate and Golf Course, the Panel recommendations were disappointing. The Panel recommends that Stage C retain the Comprehensive Development Zone (CDZ) for the time being. However, they said unless the land owner can come up with a development proposal in the next 2 years that achieves a net environmental benefit and is “clearly distinguishable from residential development”, Council should remove the CDZ and reconsider applying the Rural Conservation Zone and an Environmental Significance Overlay. At this time, Council should also review the zoning of other land adjacent to the Ramsar wetland.
