1. For these reasons, I have decided to set aside the Council's decision and grant a permit. The permit is subject to the conditions contained in the Appendix.

The construction of buildings and works comprising a dwelling, tennis court, deck/pavilion and associated works in accordance with the endorsed plans.

1. Prior to the commencement of any buildings or works, the owner must submit to the satisfaction of the Responsible Authority, four complete sets of Plans. The Plans must be generally in accordance with the plans identified as TP01, TP02, TP03, TP04, TP05, TP06 and TP07, Revision B prepared by modscape.com.au but modified to show to the satisfaction of the Responsible Authority the following:
   • (a) A notation that the Photinia hedge and poplars on the subject land adjacent to the boundary of 1449 Mornington-Flinders Road will be maintained to a height of not more than three (3) metres.
   • (b) A notation that the existing dwelling will be used as an office in association with the farm use.
   • (c) Details of any proposed cut and fill, and of any proposed fencing, associated with the tennis court.
   • (d) A schedule of construction materials and external colours and finishes (including colour samples).
   • (e) The relevant water supply and vehicle access requirements of the Country Fire Authority (refer to Conditions No. 9 and 10 of this Permit).
2. The development as shown on the Endorsed Plan must not be altered or modified without the written consent of the Responsible Authority.
3. Within one (1) month of the issue of a Certificate of Occupancy for the dwelling approved by this permit, the existing dwelling on the land must be converted into an office. The office must be used in association with the farm use.
4. All disturbed surfaces on the land resulting from the development must be revegetated and stabilised to the satisfaction of the Responsible Authority.
5. Within six months of the occupation of the dwelling (or other such time as approved in writing by the Responsible Authority), replacement planting around the buildings and works approved under this Permit, as shown on the Endorsed Plans, must be completed and then maintained in a healthy condition, to the satisfaction of the Responsible Authority. Any dead or diseased trees or shrubs must be replaced in accordance with the endorsed Landscape Plan to the satisfaction of the Responsible Authority.
6. Works on the proposed dwelling must not commence until a permit to install the septic system is issued by Council's Environmental Health Department.
7. Prior to the occupation of the dwelling, the driveway must be constructed and thereafter maintained and drained to the satisfaction of the Responsible Authority.
8. Except with the written consent of the Responsible Authority:
   • (a) the tennis court must not be used for commercial purposes such as professional tennis coaching or court hire;
   • (b) the tennis court must not be used between 10.30pm and 7.30am on any day;
   • (c) no mechanical equipment such as ball-throwing machines may be operated between 7.00pm and 8.00am;
   • (d) the method of construction of the tennis court must comply with the 'Guide Specifications for Tennis Court Construction' produced by the Tennis Court Builders Association of Victoria.

Country Fire Authority (CFA) Conditions (Conditions 9 & 10)

1. Except with the prior written consent of the Country Fire Authority, a static water supply must be provided and must meet the following requirements:
   • a minimum of 10,000 litres on-site static storage must be provided on the lot and maintained solely for fire fighting purposes;
   • the water supply must be within 60 metres of the outer edge of the dwelling (including obstructions);
   • fire brigade vehicles must be able to get within 4 metres of the water supply outlet;
   • the water supply must be readily identifiable from the building or appropriate signage must point to the water supply;
   • all below ground water pipelines must be installed to the following depths:
     • subject to vehicle traffic - 300mm
     • under houses or concrete slabs - 75mm
     • all other locations - 225mm
   • all fixed above ground water pipelines and fittings, including water supply must be constructed of non-corrodible and non-combustible materials or protected from the effects of radiant heat and flame;
   • if the static water supply is above ground the following additional standards apply:
     • it must provide at least one 64mm, 3 thread/25mm x 50mm nominal bore British Standard Pipe (BSP), round male coupling to CFA specifications;
     • all pipe work and valving between the water supply and the outlet must be no less than 50mm nominal bore; and
     • if less than 20 metres from the building, each outlet must face away from the building to allow access during emergencies.

1. Access to the building must be designed to allow emergency vehicle access. The minimum design requirements (including gates, bridges and culverts) are as follows:
   • curves in the driveway must have a minimum radius of 10 metres;
   • the average grade must be no more than 1 in 7 (14.4%), however an absolute maximum of 1 in 5 (20%) is allowed for a maximum of 50 metres;
   • dips must have no more than a 1 in 8 (12.5%, 7.1 degree) entry and exit angle;
   • must be designed, constructed and maintained for a load limit of at least 15 tonnes and be of all-weather construction;
   • must provide a minimum trafficable width of 3.5 metres and be clear of encroachments for 4 metres vertically.

Driveways longer than 100 metres must provide for the turning of fire fighting vehicles close to the dwelling by either:

• a turning circle with a minimum radius of 8 metres; or
• by the driveway encircling the dwelling; or
• the provision of a T or Y head with a minimum formed surface of each leg being 8 metres in length measured from the centre point of the head, and 4 metres trafficable width.

Driveways longer than 200 metres must provide a passing bay 20 metres long (with a trafficable width of 6 metres) every 200 metres.

1. This permit will expire if one of the following applies:
   • (a) The development does not start within two years of the date of this permit.
   • (b) The development is not completed within four years of the date of this permit.

The Responsible Authority may extend the above periods if a request is made in writing before the permit expires or within the following three months.

[1] The Council's submission confirms that no works are proposed within the Erosion Management Overlay.

[2] As no vegetation is proposed to be removed, the provisions of the Vegetation Protection Overlay are not a relevant consideration in the assessment of this proposal.

[3] I have considered all submissions presented by the parties although I do not recite all of the contents in these reasons.