A CONFLICT between Frankston Council and a Nepean Highway property owner who allegedly conducted illegal works on Frankston Beach may drag into court.
Frankston Council issued a stop work order earlier this year, alleging the homeowner was conducting construction work without a permit. Last week, Frankston MP Paul Edbrooke said the situation remains unresolved. “The proponent of illegal works on Crown Land has allegedly advised Frankston City Council (FCC) that he will not remove the encroachment and remediate the Crown land and he has retained legal representation,” he said in a social media post.
“As the issue stands, engineers have assessed the site and Frankston City Council’s cease and desist order is still in effect. FCC and the Department of Energy, Environment and Climate Action (DEECA) have powers pursuant to s188A of the Land Act 1958 to seek a Magistrates order to remove the construction on Crown land if the owner cannot supply a permit. The powers in the Planning and Environment Act 1987 are also able to be exercised by FCC, providing monetary penalties, requirements for remedial action, enforcement orders and court injunctions.”
Frankston Council CEO Phil Cantillon said “council is working with the Department of Energy, Environment and Climate Action (DEECA), as the landowner of coastal crown land, to identify a suitable remediation approach that will minimise disturbance and further site degradation.” After the stop work order was issued, Cantillon said “council has no record of what vegetation has been removed or what is being constructed, however it is now apparent a significant area of vegetation has been cleared and a seawall (and potential retaining walls) are being erected.”
“Works in sensitive coastal environments must be informed by rigorous studies to ensure they do not negatively impact coastal processes, marine ecosystems, or public safety,” he said. “All works and structures undertaken on coastal and marine public (Crown) land require consent from the state government, as well as planning and building permits where required. If the stop work order is breached, council will be forced to consider further action which may include prosecution.” (“Stop work order issued at beach” The Times 4/3/2025)
First published in the Frankton Times – 13 May 2025