Lot 1 on Lodged Plan No. 131565 being the land described in Certificate of Title Volume 9631 Folio 991.

An irregular five sited piece of land in the shape of a triangle with its apex removed having frontages of 88.16m to the east side of Traralgon Creek Road and 63.09m to the western side of Morgan Drive, having a base of 95.39m and an area of 4,611m2.

1. The further hearing of these cases is adjourned to 4.00 pm on Tuesday 21 December 1999.

Mrs Julie Nicholson, barrister, appeared on the instructions of the firm of McDonough & Co, solicitors for the Responsible Authority.

Mr Tom Callander, solicitor of the firm of Rigby Cooke, solicitors, appeared for

Application under s.81(a) of the Planning and Environment Act 1987 (PE Act) against a decision of the Responsible Authority refusing to extend time.

Application for an enforcement order under s.114 PE Act.

Failure to remove partially completed development for convenience store and petrol station after time for their completion, as extended, had expired.

Township Zone under Traralgon (Shire) Planning Scheme.

1. Progress achieved in relation to the construction of the development since the last hearing on the 27 September 1999 was reviewed. The bricklayer has constructed one wall and part of another. He was a week late in starting and it appears that he may be 2 or 3 weeks late in completing the brick laying work. It is supposed to be finished, at any rate, by the 17 December 1999.

2. The matter will be further adjourned to 4.00 pm on Tuesday 21 December 1999.

3. The Responsible Authority is to review progress up to the week before such hearing. If it is satisfied that current progress justifies that course, the Responsible Authority is to advise the Tribunal and Mr Callander about the hearing fixed for 4.00 pm on Tuesday 21 December 1999 should be vacated.

4. A complaint was raised on behalf of the Responsible Authority in relation to the quality of the weekly report being given pursuant to direction 3 of the directions given pursuant to the hearing on the 27 September 1999. Reports from

Mr Rowley have not been forthcoming. However, Mr Brown has been making reports. His latest report was, apparently, very vague and general. It merely said something like work on brick laying proceeding satisfactorily. It did not even specify what progress had been achieved. If satisfactory reports to the Responsible Authority are not forthcoming, it may apply for a further hearing.