In a decision released earlier this week, VCAT has set aside the decision of Hepburn Shire Council and approved a planning permit for land in Charlies Road, Elevated Plains.
The application by Clifftop at Hepburn is for a “glamping” (caravan and camping) park in what is designated as a Farming Zone in the Hepburn Planning Scheme. The land is also subject to a Bushfire Management Overlay and an Environmental Significance Overlay.
An earlier decision by the Tribunal in May 2021 to refuse the application was based on concerns about the response to bushfire risk in the proposal. VCAT allowed a repeat appeal on the basis of significant changes in the application that addressed the bushfire concerns raised in the 2021 application.
Provisions in the new application include a Shelter In Place (SIP) construction built to a BAL-29 standard rather than the previously proposed underground bunker, the exclusion of children as guests and a provision that the site will be closed on any day with a Fire Danger Rating of High, Extreme or Catastrophic in place or on any day of Total Fire Ban.
The accommodation proposal includes four yurts, three dome tents, four caravans, a viewing deck and the SIP structure. The development will accommodate up to 26 adults.
An important ruling by VCAT in this case was about the extent to which applicants or respondents can make submissions relating the BMO and other bushfire related matters. In March 2023, VCAT ruled that third parties are not entitled to make submissions or cross-examine any witness dealing with BMO permissions. Local government councils and the CFA are the only parties which are permitted to address bushfire risk issues.
The CFA did not object to the application subject to a range of conditions.
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