Caring for the Albert Ruttle Estate
HISTORY
The Albert Ruttle Wetland Reserve is an area of unmatched beauty in Bass Coast. The wetlands were developed as a condition of allowing the subdivision to be done, and became a powerful drawcard to those buying in to the community and also for the many bird watchers, walking groups and strollers that frequented the Reserve.
The sale of the land of the Reserve and subsequent cutting off of existing access rights has distressed us inordinately. The history of this is described below.
IF YOU ARE LOOKING AT PURCHASING LOT 28 OR LOT 29 IT IS IMPORTANT THAT YOU CHECK ALL THE INFORMATION ON THIS WEBSITE
Use the button above (Background Information) to find out more.
EARLY DEVELOPMENT
The Albert Ruttle Estate was a cutting edge environmental subdivision originated by Jeff and Sue Metherall, the owners of cattle farming land west of Inverloch. The planners of the subdivision were Watsons Pty Ltd.
The Overall Development Plan (ODP) was finalised in November 1993. It comprised 30 building allotments and an 8.7 ha Reserve.
The land in the Reserve was identified as Lots 28 and 29.
ACCESS SECURED FOR LOT 28
In November 1996, BCSC entered into a 173 Agreement with the developer/owner, providing 5 hectares of the 8.7 hectares Reserve area required under the ODP. The 173 Agreement requires amongst other things that the owner of Lot 28 must “continue to develop, maintain, conserve and protect the Reserve and the Wetlands…”.
BCSC did NOT secure a 173 agreement for Lot 29, possibly because it was part of the second release of blocks.
Note that the 173 Agreement was to secure the use of Lot 28, in perpetuity and irrespective of the owner, solely for the purpose of its use as a wetland reserve.
BASS COAST AND THE DEVELOPER AGREE THAT THE RESERVE IS COMMUNAL OPEN SPACE
In June 2000 BCSC agreed to allow the developer to reduce the normal public open space contribution (usually 5% of land value) to 2% since “14% of the land area is set aside as communal open space".
So in 2000, the developer AND BCSC considered the Reserve (which is 14% of the area of the subdivision) to be communal open space.
AND THEN IT WAS ON THE MARKET!
On 9 September 2017 the developer marketed both Lot 28 Albert Ruttle Drive and Lot 29 John Flagg Rise as a package. Only Lot 28 was identified as carrying a 173 Agreement. This was the first time that neighbours had any knowledge that Lots 28 and 29 were not a Reserve.
Lots 28 and 29 were sold to the current owners in early 2018. They have been trying to sell them since early 2019.
BASS COAST SHIRE COUNCIL NOT RESOLVING ISSUES
Community concern was raised with officers of BCSC as soon as the For Sale signage appeared and has continued in one form or another ever since. This has included three Community Connections presentations to Council, numerous letters and phone calls seeking clarification on contentious points.
Although some Council staff and some Councillors have been approachable and helpful BUT several matters remain unresolved and there appears to be no real progress toward resolution.