VCAT yes for subdivision after Baw Baw fails time

A multi lot subdivision in Drouin has been approved by the Victorian Civil and Administrative Tribunal after Baw Baw Shire failed to determine an application within the required timeframe.

The application, from Holner Pty Ltd, will see a 676 lot subdivision of 64 hectares in Gardner and Holman Rd and the removal of native vegetation.

Until recently, the land was used as a dairy farm.

VCAT member Joel Templar said the occupation of highly fertile land by residential developments had facilitated current population growth trends in Warragul and Drouin.

He said the Drouin Precinct Structure Plan was a key strategic document bin guiding development of the subject land.

While council supported the application, Mr Templar said council proposed a number of conditions.

VCAT considered arguments between council and the developer relating to the upgrade of Gardner and Holman Rd and Fullarton Rd, the provision of cycling and pedestrian paths, the number of lots and removal of native vegetation.

Council argued that a separate bicycle path and pedestrian path in Gardner and Holman Rd would result in a safer and more convenient outcome for pedestrians and cyclists travelling from the south.

However, in the second part of the hearing, the council altered its position on the extent of path required. It said that a path should only be provided as far south as opposite the alignment of Shillinglaw Rd.

Traffic engineer Jason Walsh said there was little prospect that a bicycle path along Gardner and Holman Rd would be utilised, so the cost in both dollar and land terms was not warranted.

Mr Templar said he believed the site would provide a demand for a bicycle path through the establishment of residential lots.

However, he said his findings that a bicycle path should be provided, created a potential dilemma relating vegetation.

The applicant suggested such a path could “meander” between the subject site and road reserve to avoid impacting native vegetation and maximise use of the urban growth zoned land.

Mr Templar said while the delivery of the connector road network would typically be considered developer works, he said development contribution plan funds would ensure the connector road network could be efficiently and equitably delivered.

“The fragmented nature of land parcels surrounding Drouin means that without the DCP funding mechanism, delivering the connector road network would be inequitably borne by some property owners.

“As much of the connector road network will be formed on existing council-owned rural roads, DCP funding will allow council to better manage the upgrade of these roads to an appropriate urban standard.

“Without the inclusion of these items in the DCP, these roads would need to be delivered via conditions on development permits on individual parcels or through the broader council capital works budget.

“This is seen as creating an unacceptable level of funding uncertainty and a financial risk to both developers and council, that would also obstruct orderly development.

Council sought greater retention of native vegetation, north of the proposed central park, to maintain biodiversity and character.

Whilst acknowledging council was trying to retain as much native vegetation as possible, “which is an admirable approach,” Mr Templar said he was not persuaded retention of this vegetation outweighed the direction of the PSP for the site.

Mr Templar also required 16 lots abutting the western boundary to be consolidated into a super-lot until there was more certainty about the future of the adjoining land. to the retention of