Veteran retirement village operator, Perth-based Roger Kwok, has seen his La Dimora Retirement Resort in Victoria's Hidden Valley received a clear win at the Victorian Civil and Administrative Tribunal (VCAT). It said 50 two- and three-bedroom dwellings can be built on 300msq of land in Wallan, 45km north of the Melbourne CBD.

Hidden Valley Retirement Estate Pty Ltd took Mitchell Shire Council to VCAT to determine if a public notice was required or if it was exempt having regard to the proposed development and its location.

Tribunal member Geoffrey Cole heard the matter and stated both parties agreed the site was "properly characterised" for a retirement village.

“This is because a residential village is a use that is nested within 'accommodation' under the planning scheme and the CDP provides that, in the golf course precinct, use for ‘accommodation’ does not require a permit,” said Mr Cole.  

The northern part of the land is undeveloped and shown on plans as a proposed golf driving range.

Mr Cole said determining whether the retirement village was in the golf course precinct was difficult due to council’s concept plan being ‘undeniably imprecise’ with unclear external boundaries.

“There is little doubt that the lack of detail and imprecision of the CDP means that more flexibility should be accorded in determining 'general accordance' or 'general consistency' [with plans],” he said.

“I agree with [Hidden Valley Retirement Estate] that the southern part of the subject land on which the residential village is proposed "generally aligns" with the rectangular portion of the golf course precinct.

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