Unauthorised Frankston seawall work continues on beachfront despite stop work order
In March, Frankston Council issued businessman Gene Neill a stop work order for construction of the seawall on a rocky section of beach near Olivers Hill.
Mr Neill conceded he did not have a permit.
At the time, he described the construction as "emergency works" to protect his $9 million property from coastal erosion and landslides, after being refused insurance.
But after a public outcry, Mr Neill told the ABC he had met with the council and offered to "pull down what's there on the foreshore".
"We've already offered to reinstate it, back to the way it was," he said in March.
But when the ABC visited three months on, the finished concrete wall stood about 1.5m above the shore.
"I'm not taking it down," Mr Neill said, pointing out he had just had a delivery of large rocks as part of landscaping works, and inviting the ABC to return when the project was finished.
"It's just common sense."
Mr Neill admitted the construction could lead to legal action.
"I want them to bring it on," he said.
"I've got the money."
He had previously denied the wall was on public land.
Mr Neill also said had sold the property with settlement due in 11 months, which the ABC has not been able to verify.
Frankston Council was scheduled to discuss the issue of how to enforce the stop-work order at its coming meeting, but that part of the meeting will be closed to the public.
State Labor MP Paul Edbrooke said Frankston was better off without the wall.
"It's giving the middle finger to the people of Frankston," Mr Edbrooke said.
"This is a wall that has been built around four metres onto Frankston's public beach and people can't even walk past this wall at high tide."
He said it was up to Mr Neill to remove it.
"I'm not a lawyer, but I think that wall will not be there soon," he said.
"That wall will have to come down and I think the owner that built it will be the one responsible."
A spokesperson for the Department of Energy, Environment and Climate Action said it had not approved any privately funded seawalls on coastal Crown land at Olivers Hill.
"Frankston South beach is public land and should be accessible to all Victorians," they said.
Noel Payz walks her dogs on the beach where the seawall is most days, stopping regularly to pick up rubbish. She said erosion was a big concern.
"It's got really bad along this beach the past 10 years — bit by bit it's all slipping away," Ms Payz said.
She had written to the council asking what would happen with the seawall, but said she had not heard back.
She said the council should either assume responsibility for protecting assets like homes from erosion, or negotiate with owners who were prepared to do the works.
"I shudder to think how many houses that are built along the coast will be in danger at some point in time."
Erosion and landslips are a growing concern along Victoria's coast, especially in built-up areas.
In January, a landslip in nearby McCrae caused a $2 million home to crash down the hill, leaving residents of 19 homes unable to return to their properties.
Frankston council is developing a plan to identify and manage coastal risks.
"Coastal hazards such as erosion and storm surge have always been present, however, these coastal hazards may worsen as a result of a changing climate," the council said on its website.
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