An amended planning application for 120 dwellings at 1 Toorak Road, Bright, will proceed after changes made during the VCAT process resulted in the proposal meeting the requirements of Victoria's planning framework.
Alpine Shire Council originally resolved to refuse the application based on a number of concerns, including sewerage infrastructure capacity, traffic and transport impacts, bushfire safety requirements, and residential amenity standards for future residents.
Following Council's decision, the applicant applied to the Victorian Civil and Administrative Tribunal (VCAT) for a review of the refusal.
Through the VCAT process, the applicant worked with Council officers, State agencies and service authorities to address the issues that formed the basis of Council's original decision. Amended plans were then submitted and the relevant technical authorities confirmed their requirements had been met.
The assessment of the application was also affected by recent changes to Victoria's planning framework, including amendments to Clause 55, known as the Townhouse and Low-Rise Code.
These State Government reforms changed the way residential developments are assessed across Victoria. The changes require councils to approve applications that meet prescribed standards and limit the matters councils can consider when determining applications.
As a result, Council no longer had sufficient planning grounds to successfully defend its original refusal at a full VCAT hearing.
Alpine Shire Mayor, Cr Sarah Nicholas, said Council's position was ultimately determined by the requirements of State planning legislation.
"Council's original decision to refuse the application was based on a range of planning concerns identified at the time," she said.
"Throughout the VCAT process, those issues were addressed through amendments to the proposal and consultation with the relevant authorities."
Cr Nicholas said that under the current Victorian planning framework, Council is required to assess applications against State Government requirements.
"Once the application was amended to meet those requirements, Council no longer had grounds to maintain its refusal," she said.
"While we understand there will be a range of views in the community about this development, it is important to recognise that Council's role is governed by State legislation and planning controls.
"It is frustrating to have these decisions taken out of our control, and Council will continue to advocate for planning outcomes that balance housing needs with the unique character and identity of our local townships."
Residents seeking more information about the State Government's Townhouse and Low-Rise Code can visit the Planning Victoria website at: Townhouse and Low-Rise Code