1. All of Bass Coast Shire is a declared distinctive area and landscape in accordance with section 46AO(l) of the Act. The declaration acknowledges landscape and environmental attributes within the municipality are important to the people of Victoria and require an enhanced level of protection and management. A draft statement of planning policy ('SPP') was prepared by the State government.
2. Parties' submissions referred to a draft 2022 SPP. By order dated 12 June 2025 I invited parties to make any submission about a newer, draft SPP 2025 that was released in June 2025. The applicant advised by email that the documents, as it relates to landscaping, being the issue raised at the hearing, had not changed between the draft 2022 SPP and the draft 2025 SPP. The applicant also noted that given the Minister for Planning would now be seeking to commence endorsement by responsible public entities, the policy should be given significant weight by the Tribunal as a seriously entertained planning proposal.[3]
3. The council concurred that it considers that there are no new implications arising from the release of the final draft SPP 2025, noting that 'the land at 46 McHaffies Lane Ventnor remains with the draft state significant landscape area classified as "Phillip Island Western and Southern Coast"'.[4]
4. Neither the applicant or the council sought to make further submissions or response to other submissions on the issue. The respondent did not make any submission in response to the 12 June 2025 order.
5. My reading of both the draft SPP 2022 and draft SPP 2025 is that the area of the review site remains in an area identified as being outside of an urban area and is part of the State significant landscape of the Phillip Island Western and Southern Coast.
6. I agree it should be given weight, but I note that the draft SPP has not been approved under the Act or implemented through any amendment to the scheme. It is therefore not an adopted amendment to the scheme, that may constitute a seriously entertained planning proposal in the context of s 60 of the Act.
7. I also note that the draft SPP does not make any policy or comment specifically about the review site land. The draft SPP makes broad policy comment that the rural land of Phillip Island forms part of an area of landscape significance. The landscape objective in the draft SPP 2025 is to 'protect and enhance the declared area's significant landscapes, including their distinctive characters, physical features and cultural values'.[5]
8. The existing cabins are not visible from the inland main road, being Ventnor Road, as identified in plans forming the draft SPP 2025.[6] The new cabin will be lower in height and sit between other buildings on the land that are not visible from Ventnor Road and only just visible from McHaffies Lane.
9. In the broader landscape the existing cabins are discrete due to their positioning, scale and form. Consistent with the landscape strategies of the draft SPP 2025, the cabin is sited so that it is 'tucked into the landscape' through its location between other existing buildings and vegetation, as well as new proposed vegetation. This ensures that it screens the development 'when viewed from the public realm' and is well setback from any identified road corridor or publicly accessible land, as sought by the strategies of the draft SPP 2025.
10. The existing buildings and proposed cabin are not on what I find could be reasonably described as a hilltop or ridgeline that is prominent in the area. The building materials of the proposed cabin are muted, consistent with the strategies of the draft SPP and with the existing other cabins on the review site. I am therefore satisfied that the additional cabin does not offend the objective to 'protect and enhance the declared area's significant landscapes, including their distinctive characters, physical features and cultural values' and will not be visually dominant as is to be avoided by strategy 4.3, as set out at page 33 of the draft SPP 2025.
11. The draft SPP 2025 does not set out any strategy or objective to protect views from one property to another. There are broad landscape protection policies in the scheme at clauses 12.05-2S and 12.05-2L-2, as well as directions in the MPS and PFF that acknowledge Phillip Island as part a coastal landscape of State significance. The scheme does not contain any specific view sharing policies relating to the land.
12. The applicant submits that the land sits in the Phillip Island Southern Coast Character Area of landscape policy at clause 12.05-2L-02. This includes strategy to 'protect the open pastoral landscapes and maintain the undeveloped character of the wild and rugged coastal edge'. The council submits the land sits within the Phillip Island Northern Coast area that has relevant strategy to 'retain the open rolling rural landscape character with vegetation patterns associated with rural land uses (such as windbreaks and roadside vegetation) and the few scattered homesteads and tourism facilities set among landscaped grounds'.
13. My reading of the diagram forming part of clause 12.05-2L-02 is that the land is just within the Phillip Island Southern Coast area, as referred to by the applicant. I am satisfied that the addition of the cabin, sitting between other already approved and constructed buildings is acceptable in context of this setting. This is because the proposed cabin is lower in height and sits in between the other buildings on the land. I am therefore satisfied it does not unreasonably impact on the open pastoral landscape character of the character area of the Phillip Island Southern Coast.
14. General amenity considerations reasonably can include visual impact. The applicant submits that the existing use and development already is a visual impost on the outlook from their property, that is about 240 metres to the south-east. The applicant submits the existing group accommodation has already led to a loss of views toward Westernport Bay and that the additional cabin will further impact on this view.
15. The applicant also submits that the existing visual impact is exacerbated by the failure of the permit applicant to undertake landscaping along the south-east boundary of the review site, as is required by the existing permit.
16. The respondent commented that the lack of landscaping between the existing driveway and this south-eastern fence line was an oversight. Planting has recently occurred along this boundary, as was visible on inspection. The planting is still in its infancy and the amended conditions that the council has imposed in the NOD to amend the permit require an updated landscape plan that requires the detail of this driveway planting to be shown.
17. With the planting now in place, and to be clarified in the amended landscape plan, I am satisfied that the proposed additional cabin can be landscaped to soften its form. The landscaping, as already required by the 2018 permit provides a landscaped outlook from adjoining land.
18. From materials provided, and from inspection from the applicant's property, the three existing cabins can be seen. However, they are low lying and will be less visible as the recently planted landscaping grows. The proposed cabin is lower in height, but similar in form to the other three cabins. Its location means it will be somewhat 'nestled' in between the existing structures on the land.
19. I am satisfied that the visual impact of the additional cabin is minimal and does not unreasonably impact on the visual outlook, as a whole, as viewed from the applicant's property or from the broader rural area.

DOES THE ADDITIONAL CABIN LEAD TO ANY OTHER UNREASOANBLE AMENITY IMPACTS?

1. The applicant submits that the existing operation of the group accommodation already impacts their property through:
   • Lighting on the dwellings and headlights from guests' cars.
   • Noise from cars and guests.
   • Excessive smoke from wood heaters in the dwellings and other buildings on the land.
   • Additional traffic on McHaffies Lane for guests and service vehicles.
2. No party brought expert evidence to quantify what impacts may arise from the additional traffic, noise, smoke or lighting associated with the additional cabin. Nor did the applicant make any detailed submission on any of these matters other than to state that the existing use and development impacts their property, and the additional cabin will increase this impact.
3. In context of the distance between the proposed new cabin and the applicant's dwelling, along with the small scale of the new proposed cabin I am satisfied that any additional noise, light glare or smoke from its fireplace would be small and within context of a rural environment where some noise, artificial light and smoke is to be expected.
4. As a cabin offering temporary accommodation, additional traffic will be sporadic, depending on occupancy and only a small increase in that occurring on the land.[7] The cabin is a single bed, two person cabin. Based on this, it is likely to generate trips from one additional vehicle entering and leaving the site on days the cabin is occupied. McHaffries Lane is a low traffic road that is unsealed and effectively terminates at the corner of Davie Lane. As such, the Lane is short, at about 560 metres from Ventnor Road to Davie Lane. McHaffies Lane is unsealed but it is generally flat, sloping down somewhat as it gets close to Davie Lane and appears to be relatively well maintained. It is also sufficiently wide for approaching vehicles to pass.
5. The short distance and gravel surface means traffic in the lane is likely to be travelling slowly, having limited time to gain speed while also navigating an unsealed surface. In this context the traffic associated with one temporary accommodation unit should be very small and not unreasonably impact the safety or amenity of the area.
6. Overall, I am satisfied the proposed additional cabin to the existing group accommodation permit does not result in any unreasonable amenity impacts to the area.

1. For the reasons given above, the decision of the responsible authority is varied. The permit is amended, generally as set out in the council's NOD, but with minor grammatical corrections made. This includes updating the permit description to accord with current directions of the Planning and Environment Amendment Regulations 2024. I have also deleted the comment in condition 4c that stated:

Aerial imagery suggests that the originally proposed buffer planting has not yet been completed.

1. This is a comment, not a condition. It is also an unnecessary and outdated comment as the buffer planting has now been established. I have also made some other, very minor grammatical corrections to the amended conditions in the NOD.

1. Before the development of Cabin 4 commences, amended plans drawn to scale with dimensions must be submitted to and approved by the responsible authority. The plans must be generally in accordance with the development plans prepared by Onsite Design dated 18/06/2024 but modified to show:

(a) Updated site plan on Sheet A2 to accurately show the current development of the site including an amended driveway layout and any changes to land use and development as approved under Planning Permit 200110.

(b) The location of any existing or proposed septic systems/effluent fields onsite with dimensions.

(c) An amended landscape plan in accordance with Condition 4 of this planning permit.

All to the satisfaction of the responsible authority. When approved, the plans will be endorsed and will then form part of this Permit.

1. The use and development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.
2. No buildings or works shall be constructed on any existing easement (including implied sewer, drainage, telephone, gas, power, and water easement) or proposed easement without the further approval in writing of the Responsible Authority and/or the relevant service provider.

1. Concurrent with the submission of plans required by Condition 1 and before the commencement of buildings and works of Cabin 4, an amended Landscape Plan, to the satisfaction of the responsible authority, must be submitted to and approved by the responsible authority. When the Landscape Plan is approved, it will become an endorsed plan forming part of this permit. The Landscape Plan must be in accordance with the Landscape Plan prepared by Onsite Design dated 18/06/2024 but modified to show:

(a) Amendments to the landscape plan and driveway layout to ensure it is consistent with the development plans required under Condition 1 of this permit.

(b) The accurate and extended location of all garden beds and planting around existing cabins as established onsite and to be retained.

(c) Any proposed changes to the landscape buffer planting running between the accessway and fence line along the southeast site boundary. The buffer must include upper-storey (trees) and under-storey (shrubs) to screen the group accommodation from the surrounding landscape to the satisfaction of the responsible authority.

(d) Additional planting including native canopy trees of advanced stock with a minimum 35-centimetre pot size, and a height of 2 metres at time of planting along the accessway to Cabin 4.

(e) An updated landscape legend/planting schedule to clearly show any amendments to planting and additionally proposed planting including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant.

1. Planting of trees as shown in the endorsed plans must be conducted in accordance with the following requirements:

(a) The hole for any new tree must be 2 - 3 times wider than the pot the tree was grown in and approximately the same depth as the pot. The tree must not be planted any deeper than the soil level in the pot.

(b) The soil from the hole to be replaced around the tree root ball, firmed in and watered in well.

(c) The area, a minimum of 1 metre radius from the trunk of the tree, should be mulched with composted mulch at a minimum depth of 50 - 75 millimetres and watered well during dry periods for a minimum of 12 months to ensure the new tree establishes in its new position.

1. Within 6 months of the occupation of or the issue of an Occupancy Permit for Cabin 4, the site must be landscaped in accordance with the endorsed landscape plan including buffer planting along the southeast site boundary. The landscaping shown on the endorsed plans must be thereafter maintained to the satisfaction of the responsible authority, including that any dead, diseased or damaged plants are to be replaced within two months of any failing.
2. No other trees on site that are protected by the Planning Scheme/Local Law may be destroyed, felled, lopped, or uprooted without the written consent of the responsible authority (other than in accordance with a Notice given pursuant to the Local Government Act 2020).
3. No environmental weeds as identified in the Bass Coast Landcare Weeds of Gippsland Document must be planted on the site or allowed to invade the site and the site managed and maintained to exclude weeds.

1. External lighting must be designed, baffled, and located so as to prevent any adverse effect on surrounding land and wildlife, to the satisfaction of the responsible authority.

1. Prior to the issue of an Occupancy Permit for the Group Accommodation buildings, an Agreement under Section 173 of the Planning and Environment Act 1987 must be entered into which ensures that:

(a) The Group Accommodation must not be occupied by the same person/s for more than 42 consecutive days/nights and no more than 150 cumulative days/nights per calendar year, unless with the written consent of the Responsible Authority;

(b) The Group Accommodation must not be used as a permanent residence (dwelling);

(c) The operator/owner is to keep a log of all visitations/patrons and produce it to the responsible authority upon request; and

(d) If the use of the land for Group Accommodation ceases for a period of more than two years, the building(s) must be removed from the land within three months unless the written consent of the responsible authority is provided.

The Agreement must be registered on title pursuant to Section 181 of the Planning and Environment Act 1987 and confirmation of the Dealing number provided to Council before the issue of an Occupancy Permit or commencement of use of the building(s). All costs relating to the preparation and registration of the Agreement must be borne by the applicant.

1. Before the development is occupied, all sewage and sullage wastewater from the proposed development must either be discharged into a new EPA approved on-site wastewater treatment system to the satisfaction of the Responsible Authority, or be discharged into the existing on-site wastewater system altered to the satisfaction of the Responsible Authority.

1. The use and development must be managed so that the amenity of the area is not detrimentally affected through the:

(a) transport of materials, goods, or commodities to or from the land;

(b) appearance of any building, works or materials;

(c) emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, litter, dust, wastewater, waste products, grit, or oil; and

(d) presence of vermin or animals.

1. No mud, dirt, sand, soil, clay, stones, oil, grease, scum, litter, chemicals, sediments, gross pollutants, animal waste or domestic waste shall be washed into, allowed to enter or discharged to the stormwater drainage system, receiving waters or surrounding land and road reserves, during the construction works hereby approved to the satisfaction of the Responsible Authority.

1. This permit will expire if one of the following circumstances applies:

(a) The development is not started within two years of the date of this permit;

(b) The use has not started within two years of completion of the development;

(c) The development is not completed within four years of the date of this permit;

(d) The use is discontinued for a period of more than two years.

Where the development or stage started lawfully before the permit expired, the responsible authority may extend the period in which the development or stage must be completed if a request is made in writing before the permit expires or within twelve months afterwards.

[1] The submissions of the parties, any supporting exhibits given at the hearing and the statements of grounds filed have all been considered in the determination of the proceeding. In accordance with the practice of the Tribunal, not all of this material will be cited or referred to in these reasons.

[2] Permit, 200110 issued on 21 October 2020.

[6] Noting this road is also identified in Map 3 of the SPP as a road corridor view. This has a notation to 'manage development of infrastructure to maintain views to hills, rural hinterland and/or coast'.

[7] This is regardless of whether the existing traffic is from four temporary accommodation units or three, with one or two permanent dwellings respectively.