Community planning services in Glenelg Shire Council : 1998-2005 ...

Did the council comply with key legislative, planning scheme and other requirements? 47
Aboriginal cultural heritage: Case study 4
The following case study shows the council’s poor management of cultural
heritage issues as part of the assessment process.
CASE STUDY 4: APPLICATION TO SUBDIVIDE FARMLAND WITHIN CONVINCING GROUND
AREA
On 18 June 2003, the council received a planning permit application to subdivide
farmland in the Rural Living Zone and within the area known as the Convincing
Ground.
The application was referred to Telstra, Powercor and Portland Coast Water, and
notification provided to 4 other organisations including the Department of
Sustainability and Environment (DSE).
On 4 July 2003, DSE wrote to the council objecting to the proposal on the grounds
that:
part of the land was Crown land administered by DSE
it promoted linear development along the coastal frontage, contrary to the
objectives of the Victorian Coastal Strategy
it is located in a very vulnerable area, at high risk of coastal recession.
Following receipt of this letter and an objection from the Department for Victorian
Communities, the council had discussions with the applicant and the application
was subsequently withdrawn.
On 17 November 2003, a new application was submitted with the proposed
residential blocks moved back from the coast so that they were no longer located
on Crown land. The application was assessed and a permit issued on the same
day it was received.
The application was neither advertised nor referred to relevant agencies, as it was
considered a continuation of the previous application.
Under the scheme, the council is required to identify, conserve and protect places
of natural or cultural development from inappropriate development. Such places
are defined in the scheme and include “Places of Aboriginal cultural heritage
significance, including historical and archaeological sites”.