Background

In 2005, the subject site, along with land on the northern side of the Great Alpine Road was identified through the Alpine Residential Land Review as the preferred area for the urban growth of Bright in order to facilitate additional residential development. 

On 20 January 2011, Amendment C15 to the Alpine Planning Scheme was approved by the Minister for Planning and included in the Victoria Government Gazette. Amongst other things, the Amendment identified the subject site and the land to the north of the Great Alpine Road as Urban Growth Area 1 – Great Alpine Road and Stackey Gully Road, Bright. Clause 21.03-2-1 Bright stated: 

‘Subject to the necessary site investigations and consultation with relevant authorities: 

• potential rezoning of the land to the south of the Great Alpine Road from Rural to Residential 1 and Low Density Residential and applying appropriate development overlays to ensure: a 50m wide buffer from the Great Alpine Road; building envelopes on land included in the Low Density Residential Zone; and no development occurs on land with a slope greater than 20%

• potential rezoning of the land to the north of the Great Alpine Road from Rural to Residential 1 and applying an appropriate development overlay to ensure a buffer from the Great Alpine Road is maintained to the satisfaction of VicRoads and Alpine Shire Council.’ 

On 6 August 2015, Amendment C34 to the Alpine Planning Scheme was approved by the Minister for Planning and included in the Victoria Government Gazette. The Amendment was also referred to an independent planning panel to consider all submissions received and to make recommendations to Council ahead of its formal consideration of the amendment. The panel supported the Amendment. Amongst other things, the Amendment rezoned the subject site from the Farming Zone to the General Residential Zone, applied a Development Plan Overlay (DPO) to the land and included Schedule 3 to the DPO at Clause 43.04 of the Alpine Planning Scheme to guide any future residential development. 

The DPO is a planning tool used to guide the future use and development of land. A schedule to the DPO is used to specify strategic development intentions for a particular location. Preparation of a Development Plan (DP) is a requirement of the DPO in order to coordinate development and/or subdivision before a planning permit can be granted. Generally, the DPO prevents the granting of permits under the overlay before a plan has been approved and any permit granted must be generally in accordance with the approved DP. 

A DP provides a framework for how the various land uses and infrastructure required to support the future residential community will be developed and located. The need for detailed design for matters such as drainage, traffic intersections and landscaping, is then determined at the planning permit stage, once a development plan has been approved for the land. 

Council previously resolved to approve a DP for the subject site at the Ordinary Council Meeting held on 5 July 2022. Where a DP is approved under the DPO, an application for a planning permit is exempt from the usual notice and third-party review rights available to members of the public. 

A planning application for Stage 1 of the development comprising 78 lots was granted by Council at the Ordinary Council Meeting held on 28 November 2023. At the same meeting, Council received and noted a report outlining the views expressed by the community to Council regarding the proposed application. 

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