VCAT approves plan to expand Drysdale retirement village

THE Victorian Civil and Administrative Tribunal (VCAT) has approved plans to expand a Drysdale retirement village.

Clifton Springs (Holdings) Pty Ltd (Clifton Springs) was initially granted a planning permit by the City of Greater Geelong in 2020 to build a retirement village.

In 2021, the company applied to extend the village and amend the planning permit conditions of the original permit. Clifton Springs lodged proceedings in VCAT shortly after the Council rejected the plans. VCAT Member Nick Wimbush said the applicant lodged plans for endorsement on 15 September 2022. “There was significant ‘back and forth’ about the plans between the applicant and council between that date and May 2023 when council advised via email that the design was not acceptable.” Member Wimbush said. Just prior to the hearing in August 2023, Clifton Springs submitted amended plans to VCAT.

At this point the Council complained to VCAT about the fact that they had not had time to properly review them.

The Council told VCAT prior to the hearing that the plans were “slightly better” than the previous plans, but not so much better that the Council would endorse them.

Member Wimbush considered whether the amended plans submitted in August 2023 should be approved.

He said although the Council initially complained about not having enough time to review the plans they seemed well prepared and he was not concerned that Council suffered any procedural unfairness or material detriment.

“At the hearing, however, council were well prepared and engaged in significant detail with the amended plans through submissions and cross-examination…”

Member Wimbush considered whether the amended plans satisfied a condition of the original planning permit issued in 2020, in respect of construction on Central Road, including road widening, a concrete kerb, and a footpath.

The Council had argued that the condition required more extensive works such as drainage and undergrounding of the power lines.

VCAT ultimately decided that the amended plans submitted in August 2023 satisfied the condition of the original permit and should be approved.

In respect of the matters that the Council had raised Member Wimbush said, “I do not consider that the other major issues, being more extensive drainage works and the undergrounding of the power lines across the front of the property can be read into the requirements.”

“If these other works were needed or essential to effectively deliver the Central Road construction, then that may lead to a different view. I am satisfied on the evidence that this is not the case.”

Member Wimbush further said that although he was not suggesting the other matters did not need to be addressed or were not required “I do not consider they can be leveraged by the responsible authority withholding the endorsement of plans through what is a relatively narrowly constructed permit condition.”