1. The location of the red line for the licenced premises endorsed to form part of the permit must not be altered or modified (unless the Yarra Ranges Planning Scheme specifies a permit is not required) without the prior written consent of the Responsible Authority.

The layout of the site shown on the endorsed plans shall not be altered or modified without the written consent of the responsible authority.

1. Before the development is completed, a landscape plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of this permit. The plan must show:

(a) Native canopy trees provided to the north, northeast and east of the proposed marquee site

(b) Native canopy trees in the car park at regular spacings

(c) A survey of all existing vegetation and natural features;

(d) The area around proposed buildings set aside for landscaping;

(e) A schedule of all proposed trees, shrubs/small trees and ground cover.

(f) This schedule shall include a mixture of exotic plants and native plants showing the botanical and common name of each plant, the quantity to be planted, the pot size and spacing;

(g) The location of each species to be planted and the location of all areas to be covered by grass, lawn or other surface material;

1. The landscape works as shown on the endorsed plan must be carried out prior to occupation of the permitted development, or if not occupied, within three months of completion of the permitted development. With written consent of the Responsible Authority landscaping may be deferred to the first planting season (May to September) following the completion of the permitted buildings and/or works. New planting must be maintained or replaced as necessary to the satisfaction of the Responsible Authority.
2. The sale and consumption of liquor and development must be so managed that the amenity of the area is not detrimentally affected through the:
   • transportation of materials, goods or commodities to or from the land,
   • appearance of any building, works or materials,
   • emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot ash, dust, waste water, waste products, grit or oil,
   • presence of vermin.

1. The sale and consumption of liquor is to operate in accordance with the Venue & Patron Management Plan dated April 2024 by Wandin Park Estate at all times to the satisfaction of the Responsible Authority.
2. The Venue & Patron Management Plan dated April 2024 by Wandin Park Estate must consider the movement of patron and staff vehicles on the property to minimise the impacts of noise and light impacts on the neighbouring properties.
3. Except with the written consent of the Responsible Authority deliveries to and from the site (including waste collection) must only take place between:

(a) 7.00 am and 8.00 pm Monday to Saturday;

(b) 9.00 am and 6.00 pm Sunday, Good Friday and ANZAC Day.

1. The use is to operate in accordance with the waste management plan submitted 30 November 2020 to the satisfaction of the Responsible Authority.
2. Noise levels emanating from the land must not exceed those set out in Environmental Protection Authority's publication 1826.4 Noise limit assessment protocol for the control of noise from commercial, industrial and trade premises and entertainment venues or subsequent applicable policy to the satisfaction off the Responsible Authority.
3. Before the development is completed, a suitable qualified Acoustic Consultant must install and calibrate a Limiting Device ('the Device') to interface with and be an integral part of the permanent sound system and confirm that it is operating and has each and every of the following characteristics which are also operating:

(a) The Device limits music levels to ensure compliance with the music noise limits according to the EPA Publication 1826 ('Noise Protocol') or subsequent relevant EPA Policy;

(b) The Device includes a control sensor microphone incorporated into its own tamper-proof enclosure;

(c) The music noise device controls are in a locked case or are software password protected so that they are not accessible to personnel other than a qualified acoustic consultant or technician nominated by the permit holder of the land and notified to the Responsible Authority;

(d) The Device is installed to control all amplification equipment and associated loudspeakers, and no personal amplifiers or speaker systems are permitted;

(e) The Device must be re-calibrated as necessary to maintain Noise Protocol compliance, when any changes are made to the Device sensor microphone position or the venue changes operating conditions, building works, sound system configuration or anything else that may necessitate re-calibration of the Device.

1. Prior to the commencement of the operation of the marquee venue, an acoustic report must be prepared by a suitably qualified acoustician and submitted to the Responsible Authority for approval, showing the measured existing background noise levels, the music noise limits determined for the most exposed residence to the marquee venue, testing of the in-house music amplification and speaker system, a map of the location of the various parts of the system within the marquee venue and verification that the music noise complies with the requirements of the Environment Protection Regulations 2021 or subsequent applicable regulations.
2. All music or voice amplification shall only be provided by the permanent sound system inside the marquee. No hire-in or third-party amplification systems are to be operated as part of the marquee functions.
3. The testing of music equipment set up for a function at the marquee venue can only occur after 8.00am on the day of an event at the Marquee. Testing of music equipment prior to 8.00am will require the written consent of the Responsible Authority.
4. Unless with the written consent of the Responsible Authority, the red line area hereby approved must operate between the hours of:

• 10.00am and 11.00pm on Sunday, Good Friday and Anzac Day
• 7.00am and 11.00pm on any other day.

• 10.00am and 11.00pm on any day (excluding Sunday, Good Friday and Anzac Day when it is not operational);

1. A maximum of 3 licensed events can be held at the Wandin Park site per week to the satisfaction of the Responsible Authority.
2. At any one time, only the Marquee or the Woolshed and Shearers Quarters, not both, shall be used for the sale and consumption of alcohol, to the satisfaction of the Responsible Authority.
3. The serving and consumption of liquor within internal and external areas must operate only within the areas defined by the 'red line' plan as shown on the endorsed plan, to the satisfaction of the responsible Authority.
4. At all times during operation there must be present on the premises a person over the age of 21 years (referred to in this permit as "the manager") who is responsible for ensuring that the activities on the land and the conduct of the persons attending the land do not have a detrimental impact on the amenity of neighbouring residences to the satisfaction of the responsible authority .

The manager must be authorised by the operator under this permit to make statements at any time on his/her behalf to any officer of the responsible authority and of the Victoria Police and/or of Liquor Licensing Victoria authorised under section 129 of the Liquor Control Reform Act 1998; and/or to take action on his/her behalf in accordance with a direction by such officer to the satisfaction of the responsible Authority.

1. Prior to the use of the land for the sale and consumption of liquor commencing, a suitably qualified person in emergency planning must prepare a Bushfire Emergency Plan (BEP) to the satisfaction of the Responsible Authority that addresses the following matters:

(a) Premises details

• Describe the property and business details.
• Identify the purpose of the BEP stating that the plan outlines procedures for:
  1. Closure of premises on any day with a Fire Danger Rating of Extreme and Catastrophic (at a minimum).
  2. Evacuation (evacuation from the site to a designated safer off-site location).
  3. Shelter-in-Place (remaining on-site in a designated building).
  4. Days of Elevated Bushfire Risk (modification of operations on any day with a Fire Danger Rating of High or a day of Total Fire Ban in the Central Fire District or State).

(b) Review of the BEP

• Outline that the plan must be reviewed and updated annually prior to the commencement of the declared Fire Danger Period.
• Include a Version Control Table.

(c) Roles & Responsibilities

• Detail the staff responsibilities for implementing the emergency procedures in the event of a bushfire. This must include assigning responsibility for the:
• Management and oversight of emergency procedures.
• Training of employees in emergency procedures.
• Accounting for all persons during the emergency procedures.

(d) Emergency contact details

• Outline organisation/position/contact details for emergency services personnel.

(e) Bushfire monitoring procedures

• Details the use of radio, internet and social networks that will assist in monitoring potential threats during the bushfire danger period.
• Describe and show (include a map) the area to be monitored for potential bushfire activity (i.e. within 30 km of the site).
• Detail how threats will be monitored or relayed to groups while on trail rides (or similar).

(f) Action Statements - trigger points for action

1. Prior to the Fire Danger Period

   • Describe on-site training sessions and fire equipment checks.

   • Identify maintenance of bushfire mitigation measures such as vegetation management (including implementation of mitigation measures required by any endorsed Bushfire Management Plan).

   1. Closure of premise during forecast FDR days (i.e. Extreme and Code Red) at a minimum.
      • Outline guest notification procedures and details of premises closure (including timing of closure).
   2. Evacuation
      • Identify triggers for evacuation from site. For example, when evacuation is recommended by emergency services.
      • Details of the location/s of the offsite emergency assembly location.
      • Management of horses.
      • Transport arrangements for staff and guests including details such as:
      • Number of vehicles (including floats / trucks) required.
      • Name of company providing transportation.
      • Contact phone number for transport company.
      • Time required before appropriate transportation is likely to be available.
      • Estimated travelling time to destination.
      • Actions after the bushfire emergency event.
   3. Shelter-in-Place
      • Show the location and describe the type of shelter-in-place.
      • Triggers for commencing the shelter-in-place option.
      • Procedures for emergency assembly in the shelter-in-place building.
   4. Days of Elevated Bushfire Risk (i.e. FDR of Severe or a day of Total Fire Ban in the Central Fire District or State)
      • Detail modified operations for days of elevated bushfire risk, e.g. shorter trail rides or modified routes.

1. Before the development is completed, a Lighting Management Plan for the site must be prepared to the satisfaction of the Responsible Authority and must be submitted to and approved by the Responsible Authority. Once approved, the plan must be endorsed and will then form part of the permit. The Lighting Management Plan (including measures to manage light spill and prevent lighting impacts on the environment) must meet Australian Standard 4282 Control of the Obtrusive Effects of Outdoor Lighting and must address and ensure minimal disturbance to both adjoining land and the natural environment. It must detail hours when all the outdoor lighting is to be used and limiting this wayfaring.
2. All external lighting provided on the site must be baffled so that no nuisance is caused to adjoining properties to the satisfaction of the Responsible Authority.
3. This permit will expire if:

(a) The development is not started within two years of the date of this permit; or

(b) The development is not completed within four years of the date of this permit; or

(c) The use does not start within two years of the completion of the development; or

(d) The use is discontinued for a period of two years.

1. The responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of expiry of permit of the commencement date.
2. An extension of time to complete the development or a stage of the development may be requested if:
   • The request for an extension of time is made within 12 months after the permit expires; and
   • The development or stage started lawfully before the permit expired.

[1] The submissions and evidence of the parties, any supporting exhibits given at the hearing and the statements of grounds filed have all been considered in the determination of the proceeding. In accordance with the practice of the Tribunal, not all of this material will be cited or referred to in these reasons.

[3] Statement of evidence, VCAT reference No. P1244/2023 - 305 Victoria Road, Gruyere, Enfield Acoustics 14 March 2024.

[4] Expert Witness Statement, 305 Victoria Road, Gruyere, O'Brien Traffic, 15 March 2024.