A planning permit application was lodged with the Shire of Yarra Ranges for an 80 bed backpackers development in Monbulk on land zoned Low Density Residential (LDRZ). Due to Council's failure to decide this application withing the 60 days time frame, the developer applied to VCAT to have the matter decided.
In the mean time, the Council's planning department prepared a report to Council recommending that the application be refused. Council decided to ignore this recommendation and voted in support of the project. Only one person voted against, Cr Samantha Dunn. The matter then proceeded to VCAT where the Tribunal decided to refuse the application on the grounds that it was not adequately supported by the Council's Planning Scheme and that there was inadequate information for the Tribunal to make an assesment of the adequacy of the wastewater sytsem to treat and retain all waste on site.
Concerned members of the Monbulk community have been in contact with UYDEC with respect to this issue. UYDEC made a formal objection to this development and appeared at the VCAT hearing.
What follows are UYDECs objections to the planning permit application:
While broadly supportive of the planning officers report to Council on this planning permit application, we would like to add the following grounds for refusal.
Protection of waterways (Cl. 22.11-3)
The Planning Scheme states that “Buildings and works be sited to avoid detriment to the ecology of any stream or watercourse on or near the site and provide satisfactory drainage and stormwater management measures.”
The proposal has not at all addressed the issue of how stormwater will be managed from this site. As the site is adjacent to the Emerald Creek this is a significant issue.
The Emerald Creek is habitat for the Sherbrooke Amphipod [This is distinct to the Dandenongs Amphipod – also rare but much more abundant than the Sherbrooke Amphipod] (Austrogammarus haasei) which is listed as a threatened species under the Flora and Fauna Guarantee Act 1988 in Victoria. An Action Statement has been prepared about the species and it describes the Sherbrooke amphipod as having a very restricted distribution in Victoria and until recently it had not been sighted since 1911. In 1911 the location of this sighting is thought to be not very far upstream of the proposed development. The current habitat of the species is the headwaters of the Emerald Creek.
Urban development is thought to be the means by which this species has declined in abundance. The Amphipod is significantly prone to future threats which are likely to result in its extinction. This proposed development and the consequent stormwater and pollution caused by it may further reduce the environment for the species at a time when we need to extending suitable habitat to ensure its conservation and allow it to recolonise and expand its current range.
Local Planning Policy on Residential Areas Clause 22.01
The site is zoned low density residential and therefore is covered by the provision of Cl.22
Residential Areas - Rural Township
The site is located on the outskirts of Monbulk, such a development would be better placed closer to the services and facilities of the Monbulk Township, ideally within walking distance of the town centre. The planning scheme categorises Monbulk as a rural township. One of the objectives of local policy on rural townships is the retention of the compact character of rural townships with their distinct village-like character and environmental features. The proposed development does little to further the implementation of this objective by building such a high density facility on the outer most fringe of the township
Residential Areas - Land Use (Clause 22.01- 2)
The Shires local planning policy on land use in Residential Areas – Land use (has the objective of ensuring that land use in all residential areas remains committed to single dwelling housing. The proposal does not meet this land use objective.
The scale and intensity of this project are too great to ensure the protection or residential and environmental values. The proposed use is an overly intense use of the land in particular with regard to the nature of abutting sites. The nearby residential character as a whole and will be detrimentally impacted upon by this proposed development.
The proposal has not made any case as to why they are better located in the residential part of Monbulk than in the town centre. This development would be much better located in a town centre, close to all the services and facilities that it affords a backpacker, particularly one who doesn’t have access to private transportation. Four hundred metres is the distance usually considered to be walking distance. The proposed development is at least three times this distance to the shops and is a fair distance when walking with loaded bags.
MSS
The MSS (21.06-3) specifies that “Prevent more intensive development in areas of low density rural residential use as these areas act as buffers or areas of transition between urban areas and other areas of
high agricultural and environmental significance.” The achievement of this gradual buffering between townships and other land uses will be undermined if a development of the proposed intensity were to go ahead on the site of the application.
While a good case has been made that there is a need for this type of accommodation in the region generally, no case has been presented as to why it belongs on this particular property or outside the commercial centre of Monbulk.
For the above reasons and those detailed in the officers report to council we support Council informing VCAT that Council would have refused the application had it the opportunity to determine it.