[3] Statements of grounds were also lodged by other objectors, but they have not sought to be parties in this proceeding. In accordance with the practice of the Tribunal their statements of grounds, which raise similar matters to those of the respondent objector parties in this proceeding, have been considered.

[4] Relative levels (RL's) on the plans show a floor level of 256.5m RL, an internal ceiling of 260.1 RL (i.e. 3.5m floor to ceiling), a top of gutter level of 260.2 RL (i.e. 3.7m above floor level) and roof ridge line of 261.47 RL (i.e. 4.97m above floor level).

[5] Clause 1 of Schedule 1 to clause 43.02.

[6] Which follows the numbering convention in the arborist report that accompanied the permit application.

[7] [2016] VCAT 1119.

[8] I record here that Rescom considered the application of what was then clause 52.48, which is now clause 52.12. The applicants' submissions did not go to any amendments to the text in the translation from clause 52.48 to 52.12 or other subsequent amendment to this clause since the Rescom decision. For present purposes it is not necessary to consider any differences in the format of this control since 2016 for the reasons set out in this decision.

[11] Rescom Aqueduct Langwarrin Pty Ltd v Frankston CC [2016] VCAT 1573, [13]-[26].

[12] Significant landscapes are stated in the policy at clause 21.02-2 as those landscapes recognised by the National Trust along the Western Port Coast, and at Heath Hill, Cockatoo Creek, Puffing Billy Corridor and Menzies Creek Valley.