VCAT grants permit to controversial accommodation near Daylesford

The proposal will see the construction of four yurts, three dome tents and four caravans at 153 Charlies Road, Elevated Plains, to provide luxury camping accommodation for up to 26 people.

Behind the proposed glamping site was David Penman, who operates Clifftop Hepburn, and was also responsible for the controversial "sky barrels" accommodation proposal in Buninyong.

Last week a VCAT order was made in favour of Mr Penman, after a series of hearings which took place across four months in 2022 and 2023.

The matter has had a long history in front of various planning authorities; Hepburn Shire Council refused to issue Mr Penman a planning permit for the site, progressing the case to VCAT.

In 2021, Mr Penman appealed the council's refusal at the tribunal but was knocked back on the basis of bushfire risk management.

VCAT in particular took issue with the site's proposal to use an in-ground bunker as a shelter in case of fire emergency, and upheld the shire's decision.

The latest set of VCAT hearings was Mr Penman's second go at getting a permit, with alterations to the camp site proposal around fire management and access arrangements.

Present at the hearings were representatives from Hepburn Shire, Central Highlands Water, the CFA, Goulburn Murray Water and the North Central Catchment Management Authority.

Also present were 15 objectors to the campsite, understood to be nearby residents with concerns about the proposals impact on the area.

In her reasonings, presiding VCAT member Susan Whitney outlined the four key issues the tribunal had to address, namely:

"Is the proposed use and development for a camping and caravan park an acceptable outcome in the FZ (farming zone overlay)?"

"Does the proposed development and use appropriately protect the water quality in the Cairn Curran Catchment?"

"Is the potential risk to persons and property from bushfire reduced to an acceptable level?"

"Should permission be granted for display of the proposed business identification sign?"

In the first issue, of whether the accommodation would impact surrounding farmland, Member Whitney retained much of the same opinion of VCAT in its 2021 decision - which found the proposal suitable.

There were disagreements from experts on the agricultural value of the land surrounding the proposed site, with Member Whitney ultimately finding that the "Land demonstrates low agricultural quality attributes".

Objectors brought concerns about potential impacts on the quality of waterways in the Cairn Curran Catchment due to wastewater from the site.

Member Whitney discussed the relevant codes of practice around wastewater, and found the proposed site had enough of a buffer zone from any nearby water source to be deemed safe.

In response to the key sticking point of 2021's VCAT ruling, the adequacy of the site's bushfire management, the plans were changed to include a purpose-built shelter as opposed to the initial in-ground proposal.

Mr Penman also conceded to not host any accommodation on "extreme" or "catastrophic" fire danger days, as the site would sit in a high-risk area of bush.

VCAT ruled in favour of Mr Penman, granting him permission to start works on the glamping campsite.

Conditions were set before work began proper, however, with a requirement to provide amended plans to be endorsed by Hepburn Shire Council.

Among the amendments to be included were changes to the CFA turning circle and a relocation of caravans, as well as other fire safety inclusions, such as 50,000 litres of water available to use for fire-fighting purposes.

The amended plans must also include a landscape plan, VCAT ruled, which would provide details of pathways from each accommodation unit to the site's fire shelter, and landscaping to high fire risk areas of the site.

Mr Penman was given two years to begin development of the site, and a completion time of four years.

See the full findings here.