Permit bid sparks environmental, flood concern

The land at 375 Swansea Road has been the subject of retirement village proposals, with a redesigned permit application under final assessment. Pictures: LJUBICA VRANKOVIC.

By Mikayla Van Loon

A proposal to build a retirement village on Swansea Road Lilydale has sparked major environmental and flooding concerns because it will abut Olinda Creek.

The permit application submitted by Lilydale Development aims to build 50 private living units and community centre at 375 Swansea Road, adjacent to the Bellbird car park and nature wetland.

A similar application was submitted to Yarra Ranges Council in 2018, where it was refused in May 2020 and then taken to VCAT by the applicant, where it was also denied permit approval.

The VCAT committee, chaired by Tim Hellsten and supported by Geoffrey Carruthers, found the original proposal “inappropriate within the Rural Living Zone” and “inconsistent with the Planning Policy Framework” based on the “scale and extent” of the build of 72 dwellings.

Mr Hellsten and Mr Carruthers outlined that should the permit ever be approved, conditions would need to be applied, like reducing the development size, “a stepped approach to drainage design” and accepted the indemnification of Yarra Ranges Council under a Section 173 Agreement “from any claims resulting from or in relation to flooding or infrastructure on Council land”.

The redesign was submitted to the council in October 2022 and is under final assessment.

Friends of Olinda Creek founder, and activist for the health of the waterway, Paul Dempsey, said he would be objecting to the permit application based on the proximity to the creek.

“Access to creek frontage should not be privatised, denying the community the chance of healing the creek, and so being healed by the creek,” he said.

“As the climate catastrophes and biodiversity losses grow everywhere, and people’s respect and understanding of nature grows, reviving wildlife corridors like this one will become more vital.”

Mr Dempsey said a development on this land would undermine the health of the entire ecosystem, not to mention the six known platypuses currently living in the waterway.

The VCAT report found that the environmental impacts could be mitigated because of the 30 metre distance between the waterway and construction.

“The site itself is large and generally open and can accommodate a reasonable level of development,” the report read.

Not only concerned about the environmental impacts, Mr Dempsey said the vulnerability of the residents, who would be aged over 55, was worrying.

“All the houses are so close together without shade trees because of the infill building,” he said.

“[It] does not allow for the significant benefits of cross-ventilation, shade and cooling from trees and gardens, making them dependent on air-conditioning which will fail in many cases when it’s needed most, endangering lives.”

As an advocate for “efficient village living”, Mr Dempsey said he doesn’t believe the plans currently provide that for residents, particularly given the location is recognised as an inundation zone and acts as a floodplain.

“It’s crazy to build it on a floodplain. Just look to northern Victoria, it’s not sensible for the long term,” Mr Dempsey said.

“Extremes of flooding are accelerating, the IPCC warns, and crossing 1.5C increase is likely to trigger even greater acceleration, yet big industry and government are doubling down to speed development.

“So increasing hard surfaces will further threaten the creek and endanger human habitat also.”

Another objector, who wished to remain anonymous, said the role of the council was to protect its constituents, not put them in harm’s way by approving a build on a floodplain.

“The current Yarra Ranges Planning Scheme recognises that ‘priority should be given to the protection of human life in the management of areas that are affected by environmental hazards’,” they said.

“Lot 2 PS 639506 at 375 Swansea Road, Lilydale is on a floodplain area with significant importance next to Olinda Creek and, as outlined in the VCAT recommendation not to issue a permit, you are putting the lives of future elderly vulnerable persons at risk.”

This objector was also concerned about the onflow effect of building on a one per cent Annual Exceedance Probability flood zone, pushing the water further downstream of the creek.

Understanding the need for affordable housing options close to activity centres like Lilydale, Mr Dempsey said the land would be better suited to the planting of native vegetation and food trees “for long term survival”.

“I am well aware of affordable housing issues – it will be a necessity of survival for many that housing be elegant, minimal and basic with efficient village structures

VCAT also found the development responded to housing needs but more needed to be done for it to suit the area.

“It was not disputed that the proposal has the potential to provide for additional housing diversity in the area and based on evidence, will satisfy a supply need and provide an affordable option to other more traditional housing forms for older residents,” the report read.

“The potential to provide affordable housing and further housing choice close to the Lilydale town centre, while a positive housing outcome, is not sufficient to tip the scales against the broader strategic expectations of local policy and the RSP.”