A residential development that backs onto the Werribee River will go ahead after a state tribunal overturned Wyndham council’s decision to refuse it a permit.
Developer Harvey Way has been given the green light to carve up a 3.58-hectare site on the river side of Heaths Road into 38 lots following a three-day hearing before the Victorian Civil and Administrative Tribunal (VCAT) in early July.
In overturning a council decision to refuse the developer a planning permit for the proposed development, member Geoffrey Rundell culled the number of lots from 41 to 38 and stipulated that 33 trees had to be retained.
The initial permit application sought approval to sub-divide the land into 49 residential lots and build a road that would split Riverbend Historic Park.
When that was refused, the proposal was re-submitted with 41 lots and council refused that on the grounds that it was inconsistent with planning policy and not sympathetic to the heritage values of the adjoining area.
Almost 120 residents also formally objected to the proposal and 1400 signed an online petition against it.
Those opposed to the development helped raise more than $8000 to hire legal representation for the VCAT hearing.
Mr Rundell said he agreed with the developer that the land was zoned for residential development and “its time has come for it to be developed” and there were no further substantial development opportunities in the area.
“I’m generally satisfied that the development would not adversely affect landscape values of the river or the heritage values of the municipal reserve because the review site is privately owned, zoned for residential use and has never been part of the open-space area,” he said.
“Hence the community cannot reasonably expect it to continue to use it as though it is public open space.”
Mr Rundell also said the houses would not impose themselves on the walking trails along the river.
A Wyndham council spokesman said one positive to take from the VCAT decision was that the developer was restricted to one house per lot.
Denise Huxtable, who lives in neighbouring River Bend Estate and was a respondent to the VCAT hearing, said that despite the developer’s successful appeal, she was proud residents were able to reduce the density of the development.
“While it may not be everything we hoped for, we are proud of the contribution we as residents have made,” she said.
“As a group our disappointment lies largely with the lack of direction from the council regarding their planning scheme.”
