DEVELOPERS of the proposed Pearl Beach resort in Dromana were overjoyed last Thursday after plans for a three-storey corner building of 51 apartments were approved.
The proposal, which includes a restaurant, day spa, gymnasium, pool and sauna, was given the go ahead by the Victorian Civil and Administrative Tribunal.
Mornington Peninsula Shire councillors had previously knocked back plans, however, their failure to do so within the statutory 60-day time frame resulted in developers taking the matter to the VCAT.
The shire's manager of statutory planning Ray Webb said it was seeking legal advice before briefing councillors about the possibility of appealing the case to the Supreme Court.
The council has 28 days from October 5 in which to appeal the decision.
As directed by the VCAT, the shire issued a planning permit for the $5million-plus project on Monday, but the developers cannot act until an appeal decision is made.
Objectors, including Kangerong Ward Action Group president Peter Holloway, a neighbour of the planned complex, were outraged at the tribunal's decision, saying it would be the biggest building ever erected in a residential zone on the peninsula and would have profound implications for the southern peninsula's residential zones.
"We believe the tribunal has erred in its legal interpretation of the Planning and Environment Act 1987 and the shire's planning scheme in reaching its decision, which rejected its previous unanimous refusal by shire councillors," he said.
The resort will be built on the corner of Point Nepean Road and Heales Street, opposite a 7-11 outlet.
Tom Tangas, who is leading the development consortium, said it was hoped building would begin after Christmas and take about 14 months to complete using peninsula trades people.
"We own Marina Cove by the Sea and have bought adjacent properties to create a 4600-square metre site on the corner of Point Nepean Road and Heales Street," he said.
Mr Tangas said the project had wide support and would have a five-star environmental rating.
"It has been carefully planned and designed to capture the attention of visitors and for the local community to be proud," he said.
Mr Holloway said the absence of a design and development overlay in Dromana counted against the shire and resident opposition.
"We told the tribunal the proposed building was too
bulky (130 metres unbroken length, three storeys with no effective setbacks and 51 apartments) would create too much noise (30-metre deck with pool next to the rear gardens of six abutting residential properties and 94 car parks) had too big a restaurant (150 seats
compared with the current permit for 80) and would reduce neighbours' privacy and create traffic problems in Heales Street."