The Bright Valley Development is situated on the Great Alpine Road, on the western outskirts of Bright.
A planning application for the development was received by Council in November 2022, and is currently being assessed.
Please note: The Permit Application has been made under clause 43.04-3 (Development Plan Overlay) of the Alpine Planning Scheme. As such, it is exempt from: a) the notice requirements of section 52(1)(a), (b) and (d) of the Act; b) the decision requirements in section 64(1), (2) and (3) of the Act; and c) third party review rights of section 82(1) of the Act. The exemption from notice and review can be found in the Alpine Planning Scheme HERE.
Background:
A Residential Land Review carried out by Council in 2005 identified that Bright only had nine years of residential land supply available. During the following 10 years, no amendments to the planning scheme were undertaken. By 2015 land supply levels were considered to be critical, and were pushing development into rural areas.
The Residential Land Review identified the site, now known as the Bright Valley Development site, as the preferred area for urban growth for Bright.
The Residential Land Review was adopted by Council on 7 June 2005. The Alpine Planning Scheme was amended in 2011 to include the recommendations of the Residential Land Review into the Alpine Planning Scheme.
The changes made to the Alpine Planning Scheme in 2011 included amendments to the Municipal Strategic Statement to allow the subject land to be rezoned for residential purposes.
Frequently Asked Questions
What is the Bright Valley Development?
The Bright Valley Development is a multi-stage residential development on a 40-hectares site on the western outskirts of Bright. A planning application for Stage 1 of the development was received by Council in November 2022, and is currently being assessed. The application is for a residential subdivision of 78 lots.
What is a Development Plan and how does it impact this development?
In 2015 the Bright Valley Development site was rezoned from Farming Zone to General Residential Zone through Amendment C34 to the Alpine Planning Scheme.
At the time, the amendment also applied a Development Plan Overlay (DPO) on the site to guide the overall development of the land. This overlay was put in place to ensure the coordinated use and development of the land. Development plans outline the broad directions for future land use, development, subdivision and servicing of an area.
Where there is a Development Plan approved under the Overlay, an application for a planning permit is exempt from the usual notice and third party review rights available to members of the public.
Can I view the Development Plan?
The Development Plan adopted by Council at the July 2022 Council Meeting is available for the community to view via the link below.
Version 01 of the Development Plan, linked below, was formally submitted to Council in November 2021.
If I make a submission on this application, what happens next?
Council is accepting submissions from community members concerned about any impact this development may have on their personal amenity. The application is exempt from the notice requirements and third party review rights generally available to members of the public.
This means that the permit application has been made under clause 43.04-3 (Development Plan Overlay) of the Alpine Planning Scheme, and is exempt from:
a) the notice requirements of section 52(1)(a), (b) and (d) of the Act;
b) the decision requirements in section 64(1), (2) and (3) of the Act; and
c) third party review rights of section 82(1) of the Act. We review all submissions that come in to Council to help us understand community concerns, guide our communication and identify any areas of confusion that we can address on this page or through regular video updates.
Why is this application exempt from usual planning mechanisms available to members of the public?
A Development Plan Overlay (DPO) was implemented over this site through a Planning Scheme Amendment in 2015.
The DPO is a common planning tool used to manage development of a site (particularly large sites or a collection of sites in multiple ownership), and there are lots of examples of where this has been applied, including in neighbouring Indigo Shire (Tangambalanga) and to a greater extent in the growth areas managed Wodonga Council.
The application of a Development Plan Overlay, followed by the approval of a Development Plan, results in these exemptions being in place for the subsequent permit applications.
The exemptions have existed through clause 43.04 in the Alpine Planning Scheme since 1999, when the current Planning Scheme was prepared. The exemptions exist to provide certainty about the use and development of a particular site. The exemption from notice and review can be found in the Alpine Planning Scheme HERE.
Who will make the decision on the subdivision application?
Councillors will make the decision on this application by resolution at a Council Meeting, rather than an Officer making the decision under delegation.
When will the decision be made on the application?
The decision will be made at a future Council meeting. The date of the meeting has not yet been determined.
Why do more homes need to be built in the Alpine Shire?
We understand that some people may be concerned about a large development taking place on the edge of town, but Bright in particular (and the Alpine Shire as a whole) has reached a dilemma when it comes to housing availability.
More homes mean more people can live here, more businesses can attract staff, and the economy and community can grow.
Concerns that, without good forward planning, our infrastructure, utility providers, and education and health services may struggle with an influx in residents are valid.
We continue working to ensure that our local agencies and service providers plan for services to the future development efficiently and effectively.
Why was this site identified for rezoning and development?
A Residential Land Review carried out by Council in 2005 identified that Bright only had nine years of residential land supply available. During the following 10 years, no amendments to the planning scheme were undertaken. By 2015, land supply levels were considered to be critical, and were pushing development into rural areas.
The Residential Land Review identified the site, now known as the Bright Valley Development site, as the preferred area for urban growth for Bright.
What is the Alpine Shire Residential Land Review, and how does it impact this development?
Council carried out a Residential Land Review in 2005, which aimed to identify key areas to support future community growth.
The Residential Land Review identified the site, now known as the Bright Valley Development site, as the preferred area for urban growth for Bright.
The Residential Land Review was adopted by Council on 7 June 2005. The Alpine Planning Scheme was amended in 2011 to include the recommendations of the Residential Land Review into the Alpine Planning Scheme.
The changes made to the Alpine Planning Scheme in 2011 included amendments to the Municipal Strategic Statement to allow the subject land to be rezoned for residential purposes.
What is Council’s role in informing other agencies and service providers of future growth in housing?
Council initially informed relevant agencies and ministers as part of the preparation of Amendment C34 in 2014 (adopted in 2015).
We continue to work with agencies and service providers to ensure they are aware of anticipated future growth. This includes medical, education and childcare services, along with utility providers such as North East Water.
- North East Water is the relevant authority for sewerage and water service provision to this development. North East Water was consulted through the preparation of the Development Plan, and is a referral authority for the subdivision permit application.
What is Council’s role in advocating for the community to ensure services and infrastructure meet future needs?
Council is ensuring that local service providers and agencies are aware of the future growth. It is the responsibility of the agency to plan for and undertake any upgrades to infrastructure or increase to their ability to provide key services for a growing community.
Water - North East Water is the relevant authority for sewerage and water service provision to this development. North East Water was consulted through the preparation of the Development Plan, and is a referral authority for the subdivision permit application.
Health Care and Emergency Services – Council’s role is advocacy. Council has close lines of communication with Alpine Health and the owners of the Bright Medical Centre, and has been actively advocating on behalf of Alpine Health for funding to support improvements to health facilities in Bright.
Schools – Primary and Secondary Education is a State Government responsibility. Council’s role is advocacy.
Childcare – Alpine Childrens Services (ACS) is the largest provider of childcare services in the Alpine Shire. This is not a local government service, although Council does provide support to the service and has representatives on the Board. Council has recently completed an expansion of Alpine View Childcare Centre in Bright, and is currently working with ACS on planning for the redevelopment or rebuilding of a childcare centre in Myrtleford, supported with State Government funding.
Public Transport – Public transport is not a local government service, and Council’s role is advocacy.
Parks and Gardens – The developer is required to make a public open space contribution and Council’s team is working hard on behalf of the community to ensure that this delivers the best outcome both locally and for the broader community.
Council will be ‘gifted’ the parks and open spaces which are developed as part of the public open space contribution and will then take on responsibility for maintenance. The increased rates income as a result of the development of this land will help to support the increased maintenance requirements for Council.
Waste collection – Council’s waste collection contracts have the provision to increase the service to cover the new development.
Has soil testing been carried out on the Bright Valley development site?
The applicant has provided Council with a copy of a report titled Preliminary Site Investigation and Desktop Hydrogeological Assessment. Council’s Statutory Planning Team is yet to review this document and will seek independent peer review or advice on the report and soil results provided in order to satisfy themselves that the proposed use of the land is appropriate.
Has an Environmental Audit Overlay been put on the Bright Valley Development due to potential contamination?
No Environmental Audit Overlay has been applied to the land at this stage.
Will Council consider applying a Victorian Local Heritage Overlay to Bright’s ‘Gateway Avenue of Trees’ on the Great Alpine Road to protect them from removal?
Council is currently engaging the services of a qualified landscape and heritage consultancy to assess the significance of the boulevard of trees and determine whether they meet the threshold for the application of a heritage overlay, significant landscape overlay or other environmental overlay.
This will take approximately six weeks. If the boulevard is found to meet the thresholds, Council will approach the Minister for Planning and request they apply the appropriate control.
Council will take the appropriate action required based on the outcome of this investigation.
Can Council publish the scope of the tender that was published on tenders.net on Council’s website?
The Scope of the tender is detailed below:
2.2 Scope of Works
The Alpine Shire Council requires subject matter expert (SME) consultant procurement and management to oversee the Bright Valley Development project and other related projects for the period required to completion of all projects involved.
a) The successful tenderer is required to act as the overall Project Manager / Lead Consultant and either self-perform or engage, manage and coordinate all other associated consultants and related services providers in the delivery of the advice and guidance provided.
b) Consultants expected to be engaged and managed by the successful Tenderer in order to deliver the scope of works includes but is not to be limited to the following:
i. Project Management
ii. Civil / Development Engineering
iii. Traffic Engineering iv. Landscape Architectural Design
v. Planning Advisor
vi. Arborist
vii. Public Relations Advisor
viii. Compliance Officer
c) Governance
a. Project Working Group The tenderer is expected to organise, administer and lead weekly / fortnightly (or as prescribed) Project Working Group meetings with the SME team and appointed representative s from Council.
b. Project Control Group The tenderer is expected to organise, administer and lead fortnightly / monthly (or as prescribed) Project Control Group meetings to include Alpine Shire Council Executive Management Team in monthly meetings (or as prescribed) to present updates and recommendations from the SME in relation to the projects.
d) The tenderer is also expected to engage with other relevant stakeholders to progress the project.
Has an Environmental Audit Overlay been put on the Bright Valley Development due to potential contamination?
No Environmental Audit Overlay has been applied to the land at this stage.
What will be included in the scope for the landscape, heritage, cultural and vegetation significance assessment of selected avenues of trees in Bright?
The scope of the project is detailed below:
Background, literature review, basic historical research
- Focused review of relevant background studies (related to GAR West)
- Draft Neighbourhood Character Guidelines (Mesh 2022).
- Draft Tree Management Scoping Strategy (GbLA 2021) and supporting PowerPoint presentation.
Note: These documents have been provided to GML as commercial in confidence, excluding Appendix C of the Scoping Study.
- Historical research on GAR West, limited to desktop research and existing secondary sources:
- to ascertain basic historical facts, such as when and why the trees were planted, the choice of species, any changes to the species makeup over time, etc. and
- to gain a preliminary understanding of any relevant social history: the tree planting, associated ceremonies or civic events, key figures involved. - Resources may include digitised newspapers, local histories, Alpine Shire Thematic History (2009), readily available tourist literature, Mueller records, readily accessible historical images, , historical aerial photography (if available).
- Review information that has been gathered by the community about the significance of the trees (both historical and contemporary), as it pertains to the GAR West Avenue of trees. This information may also be useful for understanding indicators of potential social significance.
Field survey of GAR West
Field survey of the GAR West Avenue of trees:
- Field survey to be carried out by 1 x arborist (Treelogic) and 1 x landscape heritage consultant (GML) over 1 full day including travel time (no overnight stay).
- Tree species and numbers would be recorded and general observations would be made on tree age, tree health, landscape character and quality and condition of the avenue as a whole, aesthetic properties and landscape contribution, setting, intactness and integrity.
- Vacant sites would also be noted.
- The GAR West Avenue as a whole, setting and selected individual trees or tree groups will be photographed and ground-truthed for analysis and mapping purposes.
- The field survey work for Part One will also include brief (not detailed) inspections of the other avenues that are to be assessed in Parts 2 and 3 of the project, for context and analysis purposes.
Consultation
- Consultation with Council staff online through inception meeting and to present and discuss findings.
- Optional: if preliminary research highlights the need, a member of the project team can consult as required with the Historical Society to assist with records, or little-known unpublished sources
What infrastructure is the developer required to deliver at their cost?
As with most greenfield development, the developer is required to bring forward all services that are required due to or in order to facilitate the development, including but not limited to:
- internal streets including any creek and drainage line crossings and associated traffic management measures
- intersections connecting the development to the existing road network
- water, sewerage, power and telecommunications services
- local pathways and connections to the existing pathway network
- drainage
- landscaping
This infrastructure will typically be addressed by conditions in planning permits.
What are Infrastructure Contributions?
All development creates increased demand on infrastructure like roads, footpaths, stormwater drains and public open spaces and schools to support local communities.
Developers and government share responsibility for providing infrastructure. Developers may contribute to infrastructure by:
- the payment of money
- providing land
- constructing infrastructure on behalf of public authorities (referred to as ‘works-in-kind’).
These are referred to as ‘infrastructure contributions’.
In Victoria, infrastructure contributions can be collected via:
- Development contributions plans (DCP)
- Public open space contributions
- Voluntary agreements
- Infrastructure contributions plans (ICP)
- Growth area infrastructure contributions (GAIC)
Infrastructure contributions plans (ICP) and Growth areas infrastructure contributions (GAIC) are infrastructure contribution mechanisms which are only applicable in designated growth area land zoned for urban use and development – Casey, Cardinia, Hume, Melton, Mitchell, Whittlesea and Wyndham. They are not applicable in the Alpine Shire.
Read more about Infrastructure Contributions here.
What is a Development Contributions Plan (DCP)?
A development contributions plan is incorporated into a planning scheme as a schedule to clause 45.06 – Development Contributions Plan Overlay.
The DCP schedule can require:
- a development infrastructure levy
- a community infrastructure levy within a plan area
- both of the above.
A DCP is prepared by a planning authority, usually a council or the Minister for Planning.
A nearby example is the Leneva and Barranduda Development Contributions Plan which is accessible here. The DCP applies to approximately 548 net developable hectares of land, providing for approximately 6037 new dwellings.
Within the Alpine Planning Scheme there is no Development Contributions Plan Overlay. Therefore, within the Alpine Shire, there is no mechanism to impose either a development infrastructure levy or a community infrastructure levy on developers.
Read more about Development Contributions Plans here.
Why is there no Development Contributions Plan Overlay in the Alpine Planning Scheme?
The Victorian Auditor General summarised Development Contributions Plan (DCP) barriers and risks to council participation as follows in a report tabled in March 2020:
The DCP program carries significant barriers and risks for councils. Only 24 councils collected contributions through a DCP in 2017–18 or 2018–19, despite all 79 being able to create one. Issues include the:
- cost of developing a DCP
- time it takes to develop and have a DCP ministerially approved
- complexity of DCPs and the expertise required to manage them effectively
- financial risks of entering into a DCP. For example, a DCP locks in councils to deliver infrastructure projects, even if development does not proceed and the council cannot collect levies.
Figure 3A shows participation in the DCP program by council type and indicates that the barriers may be larger for smaller councils or those with lower population growth.
Alpine Shire Council is classified as a 'small shire'.
Read the full report from the Victorian Auditor General here.
Is Alpine Shire Council planning to prepare a Development Contributions Plan for ministerial approval, and if so, when does Council anticipate the planning scheme amendment being finalised?
Council has no plans to prepare a Development Contributions Plan.
The Alpine Planning Scheme Review, adopted by Council in the April 2023 Council Meeting, recommends including in the planning scheme an updated program of 'Further strategic work' based on the findings of the Review. The proposed program of further strategic work does not include consideration to a Development Contributions Plan.
What is a public open space contribution?
Under the Subdivision Act a person who applies to subdivide land may be required to:
- set aside up to 5% of the land for public open space
- pay up to 5% of the site value of the land
- a combination of both.
The Development Plan for the 'Bright Valley Development' site which was approved by Council in July 2022 contains the following requirement:
Future development of the site must be generally in accordance with the Plan, and must: Provide functional open space areas in accordance with the Planning & Environment Act 1987 (minimum of 5% requirement).
What is a voluntary agreement and when can it be used?
There is an opportunity within the planning system for landowners, the council and other parties to freely negotiate agreements for the provision of infrastructure, at the time a development proposal is considered. An agreement can be used to place an obligation on the parties to:
• provide infrastructure, and/or
• pay for infrastructure.
Entering into an agreement for development contributions requires all parties to voluntarily agree to commit to their obligations, as set out in the agreement. Therefore, the establishment of a voluntary agreement cannot be a requirement of a planning scheme amendment or planning permit.
Section 173 of the Planning and Environment Act 1987 provides a mechanism for formalising a voluntary agreement between the responsible authority, a landowner, and other parties. The authority that administers the planning scheme is called the responsible authority. It is usually the council.
The terms, conditions and obligations of the agreement are binding on the owner and subsequent owners of the land that the agreement affects. The agreement is usually registered on the title to the land that it affects to ensure that the owner of the land at the time will meet any obligations contained within the agreement.
Section 173 agreements are enforceable through Victorian Civil and Administrative Tribunal (VCAT). If a party fails to meet its obligations under the agreement, VCAT may issue an Enforcement Order in response to a request from one of the parties.
You can read more about voluntary agreements here.
Has Alpine Shire Council entered into any voluntary agreements with the landowners of the Bright Valley Development as a mechanism for collecting infrastructure contributions?
There is currently no voluntary agreement in place with the landowner which relates to infrastructure contributions.
Negotiations with the landowners are ongoing in relation to infrastructure contributions and Council is working hard to secure a good outcome for the community from a voluntary agreement.
No further information will be shared on the status of the negotiations between Council and landowners until the point where a binding legal agreement has been reached, which is anticipated to precede a decision by Council on the first permit application.
What is a soil toxicology report?
A soil toxicology report assesses the potential presence of hazardous substances in the soil, which is important when considering land development, especially for residential use. It helps ensure the safety of residents and the environment.
Why was a soil toxicology report conducted for the Bright Valley Development?
The reports were undertaken to assess the suitability of the proposed development site for future sensitive uses, given its historical land use and potential contaminants.
What was the previous land use of the site?
The site has a history of tobacco production, farming, and grazing. No sheep dips, fuel/oil/chemical storage sheds, or waste burial were observed on-site.
Updates
Update | April 26 2023
The applicant has provided Council with a copy of a report titled Preliminary Site Investigation and Desktop Hydrogeological Assessment. Council’s Statutory Planning Team is yet to review this document and will seek independent peer review or advice on the report and soil results provided in order to satisfy themselves that the proposed use of the land is appropriate.
Update | March 17 2023
In March 2015, Council voted to adopt Amendment C34 to the Alpine Planning Scheme, in response to a recommendation by a Planning Panel. This amendment rezoned approximately 40 hectares of Farming Zoned land on the outskirts of Bright to General Residential Zone. This land is now known as the Bright Valley Development site.
The amendment also included a Development Plan Overlay (DPO) on the site to control the overall development of the land.
- View the March 2015 meeting minutes and attachments
- View the Alpine Shire 2005 Residential Land Review
Update | March 10 2023
Our Chief Executive Officer Will Jeremy has provided another update on the Bright Valley Development.
This update includes information on making a submission on the development application, and the exemptions that exist in this instance.
Update | March 7 2023
The application for the Bright Valley Development is available for the community to view.
The Bright Valley Development is a live application. The outcome of the application has not yet been determined.
If you would prefer to view the documents in person, they will be available at our Council Office in Bright from 9am Wednesday, 8 March by appointment.
Please contact our Customer Service team on 5755 0555 to make an appointment.
Personal information in the documents has been redacted to meet our requirements under the Planning and Environment Act 1987.
To learn more or make a submission on the application please contact Council on 5755 055 or info@alpineshire.vic.gov.au.
Please note this Permit Application is being made available under section 51(1) of the Planning and Environment Act 1987 (Act), which is a general requirement on Council to make all applications available to the public.
The Permit Application has been made under clause 43.04-3 (Development Plan Overlay) of the Alpine Planning Scheme. As such, it is exempt from:
a) the notice requirements of section 52(1)(a), (b) and (d) of the Act;
b) the decision requirements in section 64(1), (2) and (3) of the Act; and
c) third party review rights of section 82(1) of the Act.
The exemption from notice and review can be found in the Alpine Planning Scheme HERE.
Update | March 1 2023
This video extracts some key information from the February Council Meeting that may be of interest to the community.
If you would like to view the whole meeting, it is available on our YouTube channel here: bit.ly/ASC_28_February_Meeting
Update | 23 February 2023
Our Chief Executive Officer Will Jeremy has provided an update on the 'Bright Valley' development at the western gateway into Bright.
