1. Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The amended plans must be drawn to scale with dimensions. The amended plans must be generally in accordance with Drawing 11594-UP01, Revision B prepared by KLM Spatial dated April 2025 but modified to show:

(a) A landscape plan in accordance with Condition 2;

(b) A Construction Management Plan, in accordance with Condition 8;

(c) A Site Management Plan, in accordance with Condition 10; and

(d) Plans in accordance with Melbourne Water requirements at Condition 34 - 43 (inclusive).

When approved, these plans will be endorsed and will form part of this permit.

1. Before the approved development starts, and before any trees or vegetation are removed, a landscape plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The landscape plan must be prepared by a person or firm with suitable

qualifications to the satisfaction of the Responsible Authority, drawn to scale with dimensions. The landscape plan must show:

(a) landscaping provided to the 3.0 metre wide landscape strip at the interface to Frankston Dandenong Road and Thompsons Road, including screen planting, canopy trees and understorey planting to ensure that the landscape provides substantial screening to the site and truck parking area; and

(b) all species must be indigenous

When approved, the landscape plan will be endorsed and will form part of this permit.

1. The provisions, recommendations and requirements of the endorsed landscape plan must be implemented and complied with to the satisfaction of the Responsible Authority.
2. Landscaping in accordance with the endorsed landscaping plan must be completed before the buildings approved by this permit are occupied.
3. At all times, the landscaping must be maintained in good order in accordance with the endorsed landscape plan to the satisfaction of the Responsible Authority.
4. The shipping containers on site must be used for the storage of goods associated with the use of the land for a Contractors Depot, to the satisfaction of the Responsible Authority.
5. All vehicles and machinery parked or stored on site must be in association with the use of the land for a Contractors Depot, to the satisfaction of the Responsible Authority.
6. Prior to the endorsement of plans under Condition 1, a Construction Management Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The Construction Management Plan must address, but is not limited to:

(a) Hours of construction, control of noise and airborne matter, deliveries, vehicle access, worker car parking, damage to public assets, and contact numbers for complaints;

(b) All Traffic Management Plans for the site demolition, excavation, deliveries and other construction related activities that will affect vehicle and pedestrian traffic;

(c) The location of all areas on-site and off-site to be used for construction staff parking;

(d) A Parking Management Plan for all associated construction vehicles;

(e) All site sheds, portable toilet, storage and materials, etc. must be confined to the land;

(f)

The covering and maintenance of all roads/storage areas/external stockpiles/or vacant areas to avoid dust nuisance to any residential and commercial premises;

A truck wheel-wash must be installed and used so vehicles leaving the site do not deposit mud or other materials on roadways;

No water containing oil, foam, grease, scum or litter will be discharged to the stormwater drainage system from the land;

All stored wastes are kept in designated areas or covered containers that prevent escape into the stormwater system;

The amount of mud, dirt, sand, soil, clay or stones deposited by vehicles on the abutting roads is minimised when vehicles are leaving the land; and

No mud, dirt, sand, soil, clay or stones are washed into, or are allowed to enter the stormwater drainage system.

When approved, the Construction Management Plan will be endorsed and will form part of this permit.

1. The provisions, recommendations and requirements of the endorsed Construction Management Plan must be implemented and complied with to the satisfaction of the Responsible Authority.
2. Before plans are endorsed under Condition 1, a Site Management Plan (SMP) to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The SMP must be in the form of a detailed statement of report outlining all measures which will to be taken to manage the land and operation, including but not limited to:

(a) Materials to be stored within the storage bays;

(b) Blending of products on site;

(c) Measures to be incorporated to alleviate any dust/odour emissions;

(d) Loading and unloading to/from the site.

Once submitted and approved, the SMP will be endorsed and will form part of this permit.

1. Except with the prior written consent of the Responsible Authority, the layout of the land and the size, design and location of the buildings and works permitted must always accord with the endorsed plan and must not be altered or modified.
2. Except with the prior written consent of the Responsible Authority, the use shown on the endorsed plan/s must not be altered.
3. Once the approved development has started, it must be continued and completed in accordance with the endorsed plan/s, to the satisfaction of the Responsible Authority.

Once the use is commenced, the land may only be used for the permitted use and the use must be conducted to the satisfaction of the Responsible Authority.

The amenity of the area must not be detrimentally affected by the use of land, including through the:

(a) transportation of materials, goods or commodities to or from the land;

(b) appearance of any building, works or materials;

(c) emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil;

(d) presence of vermin; or

(e) in any other way.

1. No panel beating or spray painting or mechanical repairs, other than mechanical repairs constituting minor servicing and maintenance, may be carried out on the land.
2. Except with the prior written consent of the Responsible Authority, the approved hours of operation are:

(a) Monday to Friday: 6.00 am - 8.00 pm.

(b) Saturday to Sunday: 8.00 am - 8.00 pm.

1. Except with the prior written consent of the responsible authority, vehicles associated with the use of the land for a Contractors Depot must not attend the land outside the hours of operation.
2. No persons are to stay at the site overnight.
3. The operator of the approved facility must take all reasonable steps to avoid any excessive queuing of vehicles outside the facility prior to the permitted opening times.
4. Except with the prior written consent of the Responsible Authority, no more than fourteen (14) staff may be present on the premises at any one time
5. All external lighting on the land, including car parking areas and buildings, must be located, directed and shielded and of such limited intensity that no nuisance or loss of amenity is caused beyond the boundaries of the land.
6. Provision must be made for the drainage for proposed development including landscaped and paved areas, all to the satisfaction of the Responsible Authority.
7. The connection of the internal drainage infrastructure to the Legal Point of Discharge (LPD) must be to the satisfaction of the Responsible Authority.
8. Collected stormwater must be retained onsite and discharged into the drainage system at pre-development peak discharge rates as stated in the LPD approval letter. Approval of drainage plan including any retention system within the property boundary is required.

1. Prior to the development plans being endorsed, amended plans must be submitted to Council and Melbourne Water addressing Melbourne Water's conditions. Plans must be submitted with ground and floor levels and must be amended to show:

(a) The shipping containers must set no lower than 150mm above the existing natural surface level, which is at the applicable 1% AEP (Average Exceedance Probability) flood level.

1. The site office, toilets and cribs must be constructed with finished floor levels set no lower than 450mm above the existing natural surface level, which is 300mm above the applicable 1% AEP flood level.
2. The shipping containers must set no lower than 150mm above the existing natural surface level, which is at the applicable 1% AEP flood level.
3. All open space areas of the property must be maintained at the existing natural surface level, to allow for the passage of floodwaters.
4. Any new fencing or gates must be a minimum of 50% open to allow for the passage of floodwaters.
5. Prior to the commencement of works, a separate application direct to Melbourne Water must be made for approval of any new or modified storm water connection to Melbourne Water's drains or watercourses. Evidence must be provided demonstrating that Council considers that it is not feasible to connect to the local drainage system.

1. This permit will expire if one of the following circumstances applies:-

(a) The development or any stage of it does not start within two (2) years of the date of this permit, or

(b) The development or any stage of it is not completed within four (4) years of the date of this permit, or

(c) The use does not start within one (1) year of the completion of the development, or

(d) The use is discontinued for a period of two (2) years.

1. Before the permit expires or within six (6) months afterwards the owner or occupier of the land may in writing request the Responsible Authority to extend the expiry date.

The owner or occupier of the land may in writing request the Responsible Authority to extend the expiry date to complete the development or a stage of the development if:

(a) the request for the extension is made within twelve (12) months after the permit expires; and

(b)

the development or stage started lawfully before the permit expired.

[1] Section 4(2)(d) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) states a failure to make a decision is deemed to be a decision to refuse to make the decision.

[2] 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] Since the issue of the Tribunal order dated 7 July 2025 which concluded that the characterisation of the use of the site is as an innominate contractors depot, the Council has indicated that it no longer pursues grounds 1 and 2 of the original refusal which stated the following:

1. The use of a contractor's depot is the incorrect use categorisation for the proposed use; and

2. An approved Cultural Heritage Management Plan has not been provided with the permit application and therefore the permit application fails comply with the requirements of the Aboriginal Heritage Act 2006 and Aboriginal Heritage Regulations 2018.

[5] The Victorian Code for Broiler Farms 2009 (amended 2018).

[6] McMillin v Mornington Peninsula SC [2014] VCAT 1417 and Wong v Mornington Peninsula Shire Council [2017] VCAT 1315.

[7] Incorrectly shown on the map to Clause 15.01-1L (Urban design - Greater Dandenong gateway locations as gateway 6).