1. The use and development as shown on the endorsed plans must not be altered unless with the prior written consent of the Responsible Authority.
2. The dwelling must be connected to a reticulated electricity supply or have an alternative energy source to the satisfaction of the Responsible Authority.

1. Prior to the commencement of any works associated with the construction of the crossover, an arboricultural assessment must be prepared by a suitably qualified arborist (AQF Level 5 or above) and submitted to the satisfaction of the Responsible Authority. The report must identify all vegetation within 15 metres of the proposed crossover, including the species, health, and arboricultural significance of each tree and include:

(a) an assessment of potential impacts resulting from the proposed crossover construction;

(b) accurate mapping of Tree Protection Zones (TPZs) and Structural Root Zones (SRZs) of any tree within 15 metres of the proposed crossover, including the extent of any encroachment of the proposed works into these zones;

(c) an evaluation of the likely long-term health and viability any trees impacted by the crossover;

(d) recommendations for the design of the crossover, and construction techniques, and protective measures (including tree protection fencing and root-sensitive construction methods) to maximise the retention and ongoing health of trees to be retained.

1. The crossover must be designed and constructed in accordance with the recommendations of the arboricultural assessment, to the satisfaction of the Responsible Authority.

1. Before the use and development commences, an amended Farm Management Plan (FMP) for the use of the land in conjunction with a dwelling must be approved and endorsed by the Responsible Authority. The plans must be generally in accordance with the FMP prepared by EnProve Pty Ltd dated 6 November 2025 but amended to include:

(a) A site plan which shows:

1. A detailed site layout plan to show the 6 agistment and 2 handling/holding paddocks and their areas, water points (including troughs), and shelter areas in each paddock.
2. Permanent boundary and internal fencing.
3. Water courses and dams.
4. A stock containment area (to rest or spell the use of paddocks).
5. Animal shelter(s).

(b) A revegetation plan for the land, including specific species and quantities to planted within the land. This includes revegetation in the shelterbelt zones and a requirement for replacement planting of any plants that die within the first five years of the dwelling use commencing. All selected plant species must be to the satisfaction of the responsible authority.

(c) Techniques to protect and enhance the biodiversity of the land, including the retention of vegetation and fauna habitat and the need to revegetate land including riparian buffers along waterways, gullies, ridgelines, property boundaries and saline discharge and recharge areas where present on the land.

(d) The use of wildlife friendly fencing adjacent to shelterbelt zones which is permeable to the movement of native fauna.

(e) Methods for the control and eradication of weeds.

(f) Methods for the control of pest animals.

(g) A seasonal bushfire management plan.

1. When approved, the FMP will be endorsed and will then form part of the permit. Once endorsed, the FMP and all timing for works must not be altered without written consent of the Responsible Authority and must be implemented to the satisfaction of the Responsible Authority.
2. All shelterbelt vegetation planting and fencing, as detailed and shown on the FMP, must be completed within 5 years of the occupation of the dwelling, to the satisfaction of the Responsible Authority. The timeframe can only be altered with the prior written consent of the Responsible Authority.

1. Prior to the development commencing, a detailed plan for an upgraded vehicular crossover to provide access to Barkers Road must be submitted to and approved by the Responsible Authority. When approved by the Responsible Authority, the crossover plan will be endorsed and form part of the permit. The plan must provide details of the upgraded crossover which must be generally in accordance with the proposed crossover detailed on the site plan, incorporate recommendations from the arboricultural assessment required by this permit, and include but not be limited to the following information to the satisfaction of the Responsible Authority:

(a) The location and dimensions of the proposed crossover.

(b) Construction details and materials.

(c) Any required modifications to the dimensioned setback from any roadside or native vegetation in proximity to the crossover recommended in arboricultural assessment required by this permit.

1. During the construction of the buildings and works, no polluted and/or sediment-laden run-off is to be discharged directly or indirectly into drains or watercourses. Soil erosion control measures must be employed throughout the construction of the works to the satisfaction of the Responsible Authority.
2. Storm water runoff from the dwelling must be dissipated as un-concentrated overland flow clear of property boundaries and buildings in adjacent properties.
3. Prior to the commencement of use of the land for a dwelling, the proposed crossover within Barkers Road must be constructed to gravel standards to the satisfaction of the Responsible Authority.
4. Prior to the commencement of use of the land for a dwelling, the driveway to the dwelling must be constructed to meet the following requirements to the satisfaction of the Responsible Authority:

(a) The driveway, including any waterway crossing, must be constructed to a standard so that it is accessible in all weather conditions and capable of accommodating a vehicle of 15 tonnes for the trafficable road width.

(b) The driveway must have a minimum trafficable width of 3.5m, be clear of encroachments 4 metres vertically and have no obstructions within 0.5m on either side of the formed width of the driveway.

(c) Curves must have a minimum inner radius of 10 metres.

(d) The average grade must be no more than 1 in 7 with a maximum of no more than 1 in 5 for no more than 50 metres.

(e) Dips must have no more than a 1 in 8 entry and exit angle.

1. Before any works or construction commence, an amended Land Capability Assessment ('LCA') must be prepared by a suitably qualified assessor to the satisfaction of the Responsible Authority. The amended LCA must generally be in accordance with the Land Capability Assessment prepared by EnProve Ag & Environment on 12 October 2023 but be amended to comply with the requirements of the Environment Protection Act 2017 (Vic) (EP Act), the Environment Protection Regulations 2021 (Vic) (EP Regulations) and be completed in accordance with the Environment Protection Authority (EPA) Guidelines For On-Site Wastewater Management (May 2024) and Guideline for onsite wastewater effluent dispersal and recycling systems (May 2024) as amended from time to time.
2. The design, construction, sizing and siting of the onsite wastewater treatment system and effluent dispersal system must be constructed in accordance with the requirements and recommendations of the amended LCA required under this permit, the Environment Protection Act 2017 (Vic), and the EP Act, EP Regulations and relevant EPA guidelines for onsite wastewater treatment and dispersal.

1. All construction and ongoing activities must be in accordance with EPA Publication 1834.1 Civil Construction, Building and Demolition Guide (September 2023).
2. All wastewater from the dwelling must be treated and disposed of using an approved system. The system must have a certificate of conformity issued by the Conformity Assessment Body (or equivalent approval) and be installed, operated and maintained in accordance with the relevant Australian Standard and the current versions of the EPA Guidelines For On-Site Wastewater Management and Guideline for onsite wastewater effluent dispersal and recycling systems.
3. The wastewater disposal area must be located at least: 100 metres from any waterways, 40 metres from any drainage lines, 60 metres from any dams, and 20 metres from any bores.
4. The wastewater management system must be appropriately designed to manage the potential volume of wastewater generated under full occupancy (based on a minimum of four bedrooms), including an appropriately sized disposal area based on a full water balance specific to the proposal and subject land in accordance with the requirements of the current the current versions of the EPA Guidelines For On-Site Wastewater Management and Guideline for onsite wastewater effluent dispersal and recycling systems.
5. The wastewater disposal area must be kept free of stock, buildings, driveways and service trenching and must be planted with appropriate vegetation to maximise its performance. Stormwater must be diverted away. A reserve wastewater disposal field of equivalent size to the primary disposal field must be provided for use in the event that the primary field requires resting or has failed.

1. Any new dwelling allowed by this permit must not be connected to a reticulated gas service (within the meaning of clause 53.03 of the Macedon Ranges Planning Scheme). This condition continues to have force and effect after the development authorised by this permit has been completed.

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

(a) The development is not started within two (2) years of the issued date of this permit.

(b) The development is not completed within four (4) years of the issued date of this permit.

(c) The use does not start within two (2) years of completion of the development.

In accordance with Section 69 of the Planning and Environment Act 1987 (Vic), an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.

[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.

[2] Clause 73.03 of the planning scheme.

[5] Which has been at all times during this application has been a four bedroom dwelling.

[6] See section 98 of the Victorian Civil and Administrative Tribunal Act 1987 (Vic).

[7] As set out in clause 42.01 of the planning scheme.

[13] Clauses 11.01-1S, 11.03-3S, 11.03-5S, 12.01, 12.05, 13.02-1S, 14.02, 15.01-6S and 15.01-6L respectively of the planning scheme.

[14] See clauses 16.01-3S and 16.01-3L.

[15] Ward v Macedon Ranges SC [2013] VCAT 1758 ('Ward') and Northumberland Estate Pty Ltd v Macedon Ranges SC [2024] VCAT 309 ('Northumberland') Chapman v South Gippsland SC [2019] VCAT 1831 ('Chapman') and Binney v Macedon Ranges SC [2023] VCAT 1189 ('Binney').

[16] Jordan v Baw Baw SC (No. 2) [2024] VCAT 1112 ('Jordan'), Maraone v Bass Coast SC [2024] VCAT 803 ('Maraone'), and Smout v Macedon Ranges SC (Corrected) [2021] VCAT 453 ('Smout').