Keysborough residents have been left feeling betrayed after a nearby parkland was turned into an industrial site without warning.
The industrial buildings, with 24-hour activity, are located only metres away from residents of Kingcote Drive.
Although the land had been earmarked as an industrial zone since 2008, residents say they were not told prior to buying their homes.
The real estate agent and developer deny knowledge of any plans for the industrial development.
The Dandenong Star Journal spoke to three residents and all said similar things about the issue.
“Next day you see trucks come in pull everything down, next day you see things in stages,” one resident said.
“We just find out in stages when there’s dust or when something gets pulled down.
“The entire period of time we weren’t notified of anything. Legally from what we’ve been told, they didn’t have to tell us anything but it would’ve been common courtesy to advise there’s something happening.”
Another said they were not warned of the 24-hour activity, the most annoying part being loud machine noises and bright on-site construction lights.
“They haven’t started fully yet so we are worried when they start fully, they all will be very loud,” she said.
Residents have not been able to use their backyards for a long period of time due to the amount of dust from the work-site.
“The amount of dust has been ridiculous. I’d love to enjoy hanging out the back because I’ve got furniture but it’s all covered in dust and it’s disgusting.”
Greater Dandenong councillor Rhonda Garad said the fact that residents weren’t told about the industrial zone land when buying the house was unethical.
“Suddenly their front yard has gone from beautiful green garden landscape to really massive industrial building,” Cr Garad said.
“So many of them were completely unaware that they were living in such close proximity and the distance is extremely small, they are very close up against this industrial area.”
Residents say they were instead told by the real estate agent the land would be used as a public park including a basketball court and play equipment.
The real estate agent Jason Bertram told Star Journal: “I know there was part of the land that had to be given to the council which that was proposed to be a park. But I guess if you’re saying that it’s now industrial then that’s first I’ve heard (of it).
“I was told, it was meant to be for the park.”
Mr Bertram could not recall who told him the site was to become a park.
“I wouldn’t have a clue, that was six to eight years ago. I’m no longer with that company,” he said.
Mr Bertram also denied mentioning any details of the park to the residents.
“I’m not the councillor, I don’t know what they’re doing (with the land),” he said.
The estate’s developer Lee Comport said the land was farmland when he built the neighbouring houses.
When asked about whether he knew he was building houses right in front of an industrial zone, Mr Comport said: “No we don’t know. We haven’t been involved in anything to do with that so I’m not sure.
“That was all farmland when we were building there and there’s a council reserve in between. As far as I know all that site was going to be council reserve.”
Greater Dandenong city planning, design and amenity director Jody Bosman said the re-zoning of the estate land to residential at Kingcote Drive was undertaken by council in 2008.
“At the same time, a re-zoning was undertaken by council of the land to the east to industrial,” she said.
“Both followed extensive community consultation and exhibition at that time, as well as a review and recommendation by an independent Planning Panel established by the Minister for Planning.”
In 2009, a 15-metre buffer was imposed between the industrial and residential land, Mr Bosman said. That buffer is a council reserve.
Residents’ group spokesperson Garry and other residents say there was a small park built on the reserve after they moved in.
However they say that a year later it was pulled down for open drainage work, which is now a safety and health concern for them.
“Why would they build the park if they were going to pull it down a year later?” Garry said.
However, Mr Bosman said “no park was pulled down”.
“In fact the reserve has been improved with landscaping and fencing, with further improvements planned in the future,” Mr Bosman said.
“The drainage has always been part of the development requirement and is being constructed as a grassed swale drain with a flat batter that can be mowed and in terms of its design and construction, does not ‘[create] safety and health concerns for kids in the area’.”
Tony Smith, the listing agent at that time, said, “There was a strip of land there that the council were talking about making into parkland”.
Mr Smith said Mr Bertram would have known about the industrial land zone, as he sold the houses in the area.
In response, Mr Bertram said: “He literally was my boss, he would lift the land and I was employed by him to sell it, so whatever he lifted he told me the information and that’s what I used.”
It is an offence under state and federal law for an estate agent or agents’ representative to mislead or deceive by their conduct or representations.
The Dandenong Star Journal does not suggest any wrongdoing on the part of the estate agent or agent’s representative.
An ‘Information kit’ for estate residents stated: “A one hectare park is included within the Bentley Park Estate with links through the linear open space to the south.
“These linear parks include walking and cycling trails and link to schools, buses and the Hutton Road commercial area.”
A Consumer Affairs Victoria spokesperson said: “A property’s characteristics should not be misrepresented, which includes descriptions about the location and future developments.
“We encourage potential buyers to conduct a due diligence check of the vacant areas surrounding the home or land they wish to purchase.”
