The Mornington Peninsula Shire will contest Ryman Healthcare's Supreme Court appeal against the Victorian Civil and Administrative Tribunal's (VCAT) decision to refuse a permit for the development of 60-70 Kunyung Road, Mt Eliza.
The appeal relates to whether VCAT correctly interpreted relevant sections of the Shire's Planning Scheme, including provisions of the Special Use Zone and the inter-urban break.
Council welcomed VCAT's July 2021 decision to refuse a permit on the basis that a large-scale residential aged care facility and/or retirement village, on land that lies outside the Urban Growth Boundary, is inappropriate and at odds with the amenity of the surrounding Green Wedge.
The Supreme Court hearing dates are unknown at this stage but likely to occur in the latter half of 2022.
Ryman Healthcare has submitted a new application for the proposed development. The new application has been amended in response to commentary in the VCAT decision.
This new application will not affect the Supreme Court appeal, nor will the appeal have any bearing on how the Shire deals with the new application.
Further Information
To view the VCAT decision, please visit Ryman Healthcare (Australia) Pty Ltd v Mornington Peninsula SC
