Another retirement village will be constructed in Hidden Valley to be located at 175 Hidden Valley Boulevard, Wallan.
The proposed village comprises 50 two-bedroom and three-bedroom dwellings on lots of about 300 square metres.
The northern part of the land is currently undeveloped and shown on plans as a proposed golf driving range.
Hidden Valley Retirement Estate Pty Ltd brought Mitchell Shire Council to the Victorian Civil and Administrative Tribunal, VCAT, to determine if a public notice was required or if they were exempt having regard to the proposed development and its location.
Tribunal member Geoffrey Cole heard the matter and stated both parties agreed the site was ‘properly characterised’ for a retirement village.
The subject land is in Comprehensive Development Zone Schedule 1, CDZ, Hidden Valley Comprehensive Development Plan, CDP, under the planning scheme.
An applicant is exempt from the notice requirements if it is generally consistent with the CDP.
Mr Cole said it was ‘unnecessary to consider in any detail’ whether the retirement village use was generally in accordance with the CDP.
“This is because a residential village is a use that is nested within ‘accommodation’ under the planning scheme and the CDP provides that, in the golf course precinct, use for ‘accommodation’ does not require a permit,” he said.
Mr Cole said determining whether the retirement village was in the golf course precinct was difficult due to council’s concept plan being ‘undeniably imprecise’ with unclear external boundaries.
“There is little doubt that the lack of detail and imprecision of the CDP means that more flexibility should be accorded in determining ‘general accordance’ or ‘general consistency’ [with plans],” he said.
“I agree with [Hidden Valley Retirement Estate] that the southern part of the subject land on which the residential village is proposed ‘generally aligns’ with the rectangular portion of the golf course precinct.
“This residential village is located primarily in the golf course precinct under the CDP. Building and works are generally consistent with the CDP and in respect of both matters the conditions are met.”
However, a small strip located along the southern boundary of the property was indicated by council as possibly being in the equestrian centre precinct.
Council submitted the incursion of part of the residential village into the equestrian centre precinct was contrary to objectives to ‘provide for equestrian facilities’ that were key elements of the CDP.
“However, I am satisfied that the southern part of the subject land is ‘primarily’ in the golf course precinct because the strip that might be in the equestrian centre precinct … is narrow and likely to be no more than 10 per cent of the area of the southern part,” Mr Cole said.
