By Mikayla van Loon
A heavily opposed planning application has been accepted by Yarra Ranges councillors after a number of amendments were made to the proposal.
The land at 375 Swansea Road Lilydale, adjacent to the Bellbird car park, will be developed into a 50 lot retirement village with councillors pushing through the application on Tuesday 14 May.
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.
Councillor Tim Heenan, who moved the motion to approve, said however, “we are looking at something entirely different from what we looked at back in May 2020.
“I can assure you I’ve seen a substantial change in this new application in relation to all of the matters that I so vehemently opposed.”
An emotional plea from Lilydale resident Kim-Maree didn’t persuade councillors to oppose the development, despite their thanks for putting forward a case for objection.
“375 Swansea Road deserves to be protected as it is part of a beautiful precinct, seen as a community wellbeing and enrichment space, where families not only from the Yarra Ranges, but other parts of Melbourne come together to explore, celebrate, relax and admire this precious environment we live in, not more urban sprawl,” she said.
“We are aware of the pressure the State Government and councils are under to deal with the housing crisis.
“However, this is an inappropriate development on a floodplain for a retirement village, and with three lifestyle villages already in Lilydale with current vacancies on appropriate sites, this is not the right thing to do to protect our vulnerable community.”
Kim-Maree also spoke to the protection of the platypus in the Olinda Creek which runs along the boundary of the property.
“The destruction of the flora and fauna, especially six endangered platypus, that I have personally seen on several occasions that live in the Olinda Creek which runs along this development site
“The platypus conservation plan, authored (sic) by William and Serena in 2009, that was commissioned by the council itself for the Shire of Yarra Ranges, noted that the Yarra Ranges Council had a crucial role to play in conserving the platypus within the Melbourne metropolitan area.
“We ask you tonight in your role as elected councillors and trusted local government, to protect vulnerable elderly people in the community today and for future generations. Protect this beautiful place of open rural land that provides the biodiverse ecosystem for our flora and fauna, and for the community to enjoy.”
Satisfied with the proactive measures taken by the applicant, Lilydale Development, including the 30 metre buffer zone between the creek and the built structures, the native flora rehabilitation works and environmental management of pollutants through improved stormwater drainage, led to the council’s approval recommendation.
This was also supported by the reduction of site coverage from 25.8 per cent to 18 per cent, while impervious surfaces have been reduced from 38.7 per cent to 26.3 per cent.
Urbis town planner Lloyd Elliot, who represented Lilydale Development at the meeting, said improved drainage and flood modelling was a large portion of relooking at the original designs for sign off.
“It’s no easy feat to get Melbourne Water’s support for an application. This application has gone through multiple reviews including peer review by Melbourne Water, and one in 2000 year flood modelling that hasn’t been done before,” he said.
Standard flood modelling typically employs the one in 1000 method, indicating a rain rate that has a 0.1 per cent chance of occurring at that location in any given year, according to WeatherZone.
The Water Technology report, submitted as part of the planning application, outlined the Annual Exceedance Probability (AEP) of a one in 2000 model.
“The one in 2,000 AEP flood levels fronting the development are in the order of approximately 700mm above the one in 100 AEP flood levels (post-development).
“This would be a maximum of 150mm above the [nominal flood protection level] for part of the site. This is within the H1 hazard classification band (ARR 2019)… which is considered generally safe for vehicles, people and buildings.
“This represents a very high level of flood protection and extremely low risk to residents or visitors to the site.”
Mr Elliot said Lilydale Development was also budgeting a “quarter of a million dollars to enhance the drainage infrastructure” along Akarana Road and Swansea Road.
“So in rain events where it is higher, this will add extra capacity and enhance the protection for properties upstream,” he said.
Cr Sophie Todorov questioned the planning officers on the possible indemnification of the council from flooding claims of council land under a Section 173 Agreement.
The officers responded saying “the 173 agreement is a restriction we put on title and that agreement is not indemnifying the council on flooding at all”.
Instead it’s looking at an age restriction to meet the criteria of a retirement village, maintenance and repairs of the access bridge to fall onto the landowner, ensuring the clubhouse cannot be rented out and the maintenance of the land and the creek meet the conservation zone of the application.
Cr Len Cox was the only one to oppose the application and said the uncertainty around the one in 2000 year flood estimates and the impact on the creek were reason enough for him not to support it.
Gaining support from Cr Jim Child, Cr Heenan moved the recommendation to approve the application, noting further approvals from Melbourne Water but said overall he was “convinced” the application was appropriate.
“I’m not concerned because I know the checks and balances have been done not only with Melbourne Water, with EPA and also with council on making sure the consolidation zone is there, that pollutants can be trapped, captured and make sure they’re dealt with in a substantial way before they make their way into Olinda Creek.”
The motion was carried unanimously.
