How far would you go to fight for your home?
For residents in Portland's Dutton Way, an "exhausting" five-year battle against an abalone farm proposed for a "beloved" parcel of coastal land near their homes may finally be coming to an end.
After two weeks of both expert and community testimonies in a Planning Panels Victoria hearing, a report will now be prepared for the planning minister.
But it may be some time before the fate of the proposal by Yumbah Aquaculture is revealed.
Residents have long been vocal about their opposition to the Yumbah Nyamat abalone farm, which was first proposed for a grassy knoll on Dutton Way in 2018.
Experts have criticised the planning and application process, stating it "disenfranchises community opponents".
Planning process criticised
With a planned production rate of 1,000 tonnes of abalone per year, the initial $60-million proposal was approved by both the Glenelg Shire Council and Environment Protection Authority (EPA) Victoria.
But it was ultimately rejected in 2020 by the Victorian Civil and Administrative Tribunal (VCAT), over concerns the 46ha facility "would change the character of this rural living zone" due to its scale and visual impact.
But despite the VCAT rejection, an amended proposal went to the government advisory committee for reconsideration.
Senior lecturer at Melbourne Law School and program director for the Centre for Resources, Energy and Environmental Law, Brad Jessup, said it showed "how fickle planning and environmental law is".
"In this instance, someone has taken a second bite," Dr Jessup said.
"It's not how environmental and planning law is supposed to work."
Dr Jessup said changes to Victorian planning laws over the past 30 to 40 years reflected "a consolidation of power in ministers who get to decide when projects are important or not".
"The advisory committee process … it's a little bit of window dressing," he said.
"It doesn't really inform the decision-making of the minister."
Dr Jessup said it was not fair to the communities so closely intertwined with the project, like the families and residents who live in Dutton Way.
Minister for Planning Sonya Kilkenny was contacted for comment.
Testimonies on 'visual impact'
In the two-week Priority Projects Standing Advisory Committee hearing, experts gave testimony on behalf of Yumbah Aquaculture.
The revised proposal for Yumbah Nyamat abalone farm is on a 45.5ha block of land.
It would produce 500 tonnes per year, and would consist of four abalone grow tank areas, two nurseries, retention dams and administration buildings.
The company proposed a 20-metre "buffer planting" on the perimeter of the site, in an attempt to "lessen the visual impact" of the farm.
Landscape architect Allan Wyatt addressed visual pollution concerns on behalf of Yumbah Aquaculture.
"It will be more filtered views," Mr Wyatt told the panel.
"I would imagine the majority of the view to the [area] would be screened … I think it's a much-improved development … it's much smaller."
Town planner Colleen Peterson echoed the sentiment.
"Having viewed the property from a number of vantage points… once the landscaping is established … I'm quite comfortable the views [will be] well within acceptable limits," she said.
Opposition based on 'inaccurate assumptions'
In closing submissions for Yumbah Aquaculture on Friday, lawyer Alexandra Guild said "opposition does not mean that the proposal is unacceptable."
"The opposition needs to be considered in the context of Glenelg Shire Council's continued support for the proposal … in the context of the lack of concerns from government agencies, and the fact that neither of the larger tourism operators in the local area are involved in these proceedings," she said.
Ms Guild said fears from opponents were based on the original proposal, inaccurate assumptions and misinformation that was, in some cases, deliberate.
"Yambuh has designed the [amended] proposal around the issues identified by the tribunal … with the original proposal," Ms Guild said.
She said the amended proposal was "much smaller than the original", the grow tank area had shrunk from 16ha to less than 9ha, and the visual impact had been minimised.
"The proposal will bring valuable benefits to this community ... with only limited and acceptable disbenefits," Ms Guild said.
Ms Guild said a letter from the EPA confirmed the amended development license was expected in the coming days, and would be filed once received.
Hearing chair Lester Townsend said the advisory committee would prepare and send a report to the Planning Minister within 20 days.
There is no time frame for the minister's decision.
'Here to protect our homes'
Dozens of concerned citizens gave evidence and aired grievances this week in the final stages of the planning hearing.
Gunditjmara woman and representative of Gunditj Mirring Traditional Owners Aboriginal Corporation Aunty Donna Wright said her people felt left out of the consultation process.
"This is about us protecting our country, our children's birthrights and their future," Ms Wright said.
"We have every right to say no."
Neighbours made it clear they were not opposed to the farm itself, but to its placement on a "beloved" rolling stretch of green hills overlooking the ocean.
Nearby resident Ian Hunter told the hearing the proposed abalone facility was "right across the road" from his property.
"[My wife and I] moved to Dutton Way for the peace and quiet … now our lives are in turmoil, worrying whether this facility will go ahead or not," he said.
Another resident, Steven Owen, spoke of his exhaustion.
"We've been dealing with this for over four years … we are all good people, only here to protect our homes," Mr Owen said.
"We didn't start this fight, but hopefully we can end this here."
