The decision of the responsible authority in permit application YR-2005/625 is set aside A permit is granted in relation to land at 178-180 Victoria Street, Yering. The permit will allow a golf course in association with a walnut groves generally in accordance with the endorsed plans and subject to the following conditions:-

1 Prior to the commencement of the permitted use and development, amended plan(s) significantly in accordance with Drawing No: 167.CP.02J (Ross Watson Pty Ltd) must be submitted for approval to the satisfaction of the Responsible Authority showing:

(a)

Revised detailed maintenance facility precinct plan showing the extent of cut and fill;

(b)

The maintenance shed suitably insulated in order to achieve a reduction in noise emissions to the satisfaction of the Responsible Authority;

(c)

Detailed plans for all fencing on and within boundaries of the site;

(d)

Detailed design of the main site entry driveway, which should be designed (aligned) to significantly minimise off site light spillage;

(e)

Detailed car park and clubhouse lighting plan achieving Australian safe lighting standards, which predominantly uses 'bollard' lighting and minimises light spillage;

(f)

The north east corner of the club house (the corner of the Function Room) is to be positioned not less than 15 metres west of a line extending from the west side alignment of Benson Drive across the site;

(g)

The setback of the clubhouse should be no closer than 170 metres from Macintyre Lane;

(h)

The southern end of the car park must be no closer than 75 metres from Macintyre Lane and excavated at least two (2) metres below natural ground level and planted out with screen planting;

(i)

Location and detail of proposed sewerage pump station, which must be designed and located to minimise potential off site impacts;

(j)

Location and design of the proposed gas storage facility, which must be designed and located to minimise potential off site impacts;

(k)

All access to the site (including construction) to be from Victoria Road.

(l)

Carparking spaces and dimensions;

(m)

Bus parking facilities;

(n)

Pedestrian accessways; and

(o)

Traffic Calming Devices.

When the plan(s) are to the satisfaction of the Responsible Authority they will be endorsed and will form part of this permit.

2 Prior to the use commencing, the owner must enter into an agreement with the Responsible Authority, pursuant to Section 173 of the Planning and Environment Act 1987. This agreement must be registered by the owner pursuant to Section 181 of the Planning and Environment Act 1987 on the title/s to the land to which this permit applies. The agreement must provide:

(a)

That the use of the golf course must at all times be in association with the use of the land for walnut production and/or agricultural purposes to the satisfaction of the Responsible Authority;

(b)

That the responsibility for the continued implementation, management and compliance with the Construction Environmental Management Plan outlined in condition 6 is the ongoing responsibility of the owner and operator of this development;

(c)

That the responsibility for the continued implementation, management and compliance with the Environmental Improvement Plan outlined in condition 7 is the ongoing responsibility of the owner and operator of this development;

(d)

That the responsibility for the continued implementation, management and compliance with the Operational Environmental Improvement Plan outlined in condition 8 is the ongoing responsibility of the owner and operator of this development;

(e)

For the agreement to be executed prior to the start of the approved buildings and works; and

(f)

For all costs relating to the preparation and execution of the agreement to be borne by the owner/permit holder.

3 Prior to the commencement of any buildings or works, a landscape plan to the satisfaction of the Responsible Authority and prepared by a suitably qualified and experienced person or firm shall be submitted to the Responsible Authority for its approval. The landscape plan must show:

(a)

The area(s) set aside for landscaping, including:

(i)

the entire east and west boundaries; and

(ii)

access road (bunding and planting);

(b)

A schedule of all proposed trees, shrubs and ground cover to be used, including but not limited to Acacia implexa as screen planting, Eucalyptus ovata along drainage lines and Eucalyptus rubida and Eucalyptus melliodora on higher slopes;

(c)

The species, quantity, size at planting, size at maturity and location of planting nominated within the golf course, clubhouse/carpark and maintenance facility precincts;

(d)

The use of native and locally indigenous plants that will visually integrate the development with its surrounding environment;

(e)

Details regarding mulch, tree protection, irrigation and replacement of dead plants; and

(f)

The provision of appropriate weed management and erosion prevention techniques.

When the plan is to the satisfaction of the Responsible Authority it will be endorsed and will form part of this permit.

4 Prior to the commencement of the use hereby permitted, the works approved in accordance with the Landscape Plan must be completed to the satisfaction of the Responsible Authority.

5 All planting must be maintained in a healthy condition to the satisfaction of the Responsible Authority. Any dead or diseased trees or shrubs must be replaced as soon as possible.

6 Prior to the commencement of any buildings and works, a Construction Environmental Management Plan, generally in accordance with the report prepared by Meinhardt Infrastructure & Environment Pty Ltd (dated 18 May 2004), and include measures to:

(a)

minimise pollution and the movement of sediment;

(b)

minimise the potential for erosion, and;

(c)

minimise the spread of environmental weeds onto adjoining land;

during construction must be submitted to the Responsible Authority to reflect the approved use & development authorised by this permit and the changes outlined in the Environmental Protection Authority's response to the Shire dated 11 March 2004.

When the plan(s) is to the satisfaction of the Responsible Authority, Environmental Protection Authority and Melbourne Water it will be endorsed and will form part of this permit.

The Construction Environmental Management Plan must be implemented during the construction phase of the development.

7 Prior to the commencement of any buildings and works, a Environmental Improvement Plan, generally in accordance with the Environmental Improvement Plan prepared by Meinhardt Infrastructure & Environment Pty Ltd (dated 18 May 2004- revision C), and include measures to:

(a)

minimise pollution and the movement of sediment;

(b)

minimise the potential for erosion, and;

(c)

minimise the spread of environmental weeds onto adjoining land;

after construction must be submitted to the Responsible Authority to reflect the approved use & development authorised by this permit and the changes outlined in the Environmental Protection Authority's response to the Shire dated 11 March.

When the plan(s) is to the satisfaction of the Responsible Authority, Environmental Protection Authority and Melbourne Water it will be endorsed and will form part of this permit.

The Environmental Improvement Plan must be implemented upon commencement of the use.

8 Prior to the commencement of any buildings and works, the Operational Environmental Management Plan prepared by Meinhardt Infrastructure & Environment Pty Ltd (dated May 2004-revision A), must be amended to reflect the changes outlined in the Environmental Protection Authority's response to the Shire dated 11 March 2004.

When the plan(s) is to the satisfaction of the Responsible Authority it will be endorsed and will form part of this permit.

The Operational Environmental Management Plan must be implemented upon commencement of the use.

9 Prior to the commencement of any buildings and works, a revised Traffic Impact Assessment Report (TIAR), generally in accordance with the report prepared by TTM Consulting Pty Ltd dated 11 May 2005.

10 Traffic lane widths must be a minimum width of 3.5 metres with sealed shoulder widths of 2.0 metres.

11 All proposed kerb and channel is to be shown, along with any road widening, to allow this treatment to be constructed.

12 Adequate signs and pavement markings must be provided to direct and control the flow of traffic into and out of the subject site.

13 The developer shall be responsible for the upgrading of any transverse drains on the declared road reserve that may be required as the result of the discharge of any drainage.

14 All drainage crossings as a result of this development must have driveable end walls.

15 The depth and composition of any new pavement on the declared road must be to the satisfaction of Vic Roads and the Responsible Authority.

16 The standard of all materials and work must be to Vic Roads' standard specifications for road works.

17 The applicant must pay the full costs of all roadworks, drainage works, pavement markings, public lighting alterations, service relocations, signage and other costs associated with these works.

18 Prior to the commencement of permitted use and development, the following information is required for further assessment by Southern Rural Water:

(a)

A detailed hydro geological assessment that addresses groundwater and the likely impact of recycled water may have on the aquifer;

(b)

Details of an appropriate groundwater monitoring program;

(c)

A detailed contingency plan should a pollution incident of groundwater be detected; and

(d)

A contingency plan that deals with groundwater inception during excavation works.

19 The construction of bores and the take and use of water from the groundwater resource requires a licence in accordance with Section 51 and 67 of the Water Act 1989. Southern Rural Water should be contacted for further information.

20 Any excavation works that may impact or intercept groundwater will require approval from Southern Rural Water. A detailed hydro geological assessment may be required as part of the assessment process.

21 The development as shown on the endorsed plans must not be altered without the further written consent of the Responsible Authority or such approval as may be granted pursuant to Section 87 of the Planning and Environment Act 1987.

22 The golf course layout must not be altered without the further written consent of the Responsible Authority.

23 Prior to the commencement of any buildings and works, a certified energy rating report must be submitted to the Responsible Authority, that demonstrates that the proposed clubhouse can achieve a four star rating, using the Sustainable Energy Authority of Victoria 'FirstRate' system or equivalent.

24 Except with the further consent of the Responsible Authority the use of the clubhouse may only operate between the following hours:

(a)

6.00am and 11.00pm, Sunday to Thursday; and

(b)

6.00am and 1.00am the following day, Friday and Saturday.

All members and patrons must have exited the building by these times.

25 Prior to the occupation of the clubhouse, nine (9) playable golf holes and the planting of 7.5 hectares of walnut groves must be completed to the satisfaction of the Responsible Authority.

26 No gaming machines are permitted on the land.

27 Adequate provision must be made for the storage and collection of garbage, bottles and other solid wastes in bins or receptacles to the satisfaction of the Responsible Authority.

28 All bins and receptacles used for the collection and storage of garbage, bottles and other solid wastes shall be kept in a storage area screened from view to the satisfaction of the Responsible Authority.

29 All bins and receptacles shall be maintained in a clean and tidy condition and free from offensive odour.

30 The areas of car parking shown on the endorsed plan shall be constructed, maintained and remain accessible at all times to the satisfaction of the Responsible Authority.

31 Signs to the satisfaction of the Responsible Authority must be provided directing vehicles to the areas set aside for car parking and must be located and maintained to the satisfaction of the Responsible Authority.

32 Not less than two hundred (200) car parking spaces must be provided on the land for the club house and golf courses.

33 Native vegetation other than on the land shown for the construction of the development as shown on the endorsed plan must not be felled, lopped, topped, ringbarked or otherwise destroyed or removed except with the further permission of the Responsible Authority.

34 The recommendations contained in the Biosis Research reports titled "Flora and Fauna Assessment of "Coowerp" property, 178-180 Victoria Road, Yering, Victoria" (dated November 2003) and supplementary letter dated 9 May 2005, must be adhered to in the implementation and maintenance of the approved golf course.

35 The ongoing monitoring of ground water and surface waters must be undertaken to ensure minimal impact occurs during the development of the site to the satisfaction of the Responsible Authority.

36 During construction of works to ensure any sensitive artefacts or sites are protected, the permit holder must adhere to the Aboriginal Cultural Heritage recommendations contained in Section 10.2 of the Tardis Enterprises Pty Ltd, December 2003, Cultural Heritage Assessment. This includes the payment of an administration fee of $495.00 (including GST) to the Wurundjeri Tribe Land Compensation and Cultural Heritage Council Inc.

37 All disturbed surfaces on the land resulting from the development must be re-vegetated using indigenous species of local provenance and stabilised to prevent erosion to the satisfaction of the Responsible Authority.

38 On a bi-monthly basis after the commencement of construction or at some other interval as approved by the responsible authority a qualified engineer shall submit a verification statement confirming that construction is proceeding in accordance with the Construction Environmental Management Plan or where non compliance is occurring the actions to be taken to ensure compliance to the satisfaction of the Responsible Authority.

39 All goods and materials must be stored out of view or so as not to be unsightly when viewed from nearby roads or land.

40 No advertising signs other than those allowed in accordance with the Planning Scheme can be erected on the site without a planning permit from the Responsible Authority.

41 All new electricity and telephone supply lines on the land must be laid underground to the satisfaction of the Responsible Authority. Existing supply lines may also be laid underground as required.

42 All wastewater generated at the premises, including sewage and sullage, must be discharged to sewer with prior approval from Yarra Valley Water.

43 Except with the further consent of the Responsible Authority the use of the maintenance shed must not commence prior to 5am daily.

44 The walls of the approved maintenance shed building shall be appropriately insulated to minimise any noise emissions from the activities carried out in the building to the satisfaction of the Responsible Authority.

45 The use, storage and disposal of chemicals and fertilisers associated with the use must be undertaken in accordance with best management practices and government regulations to ensure no adverse impact on the land or adjoining land and the quality of groundwater.

46 External amplified public address or speaker systems must not be installed on the premises unless with the permission of the Responsible Authority and must not be used for any other purpose than for calling players to the tee from the north side of the clubhouse.

47 Any air conditioning unit must be positioned so that no noise disturbance is caused to occupiers of adjoining properties. Any roof top unit must be provided with a sightscreen to the satisfaction of the Responsible Authority.

48 Except with the further consent of the Responsible Authority, liquor may only be sold (for consumption on and off the premises) between the following hours:

(a)

6.00am and 10.30pm, Sunday to Thursday; and

(b)

6.00am and 12.30am the following day, Friday and Saturday.

49 Prior to the occupation of the permitted development, a roundabout must be constructed at the intersection of Victoria Road and MacIntyre Lane, to the satisfaction of the Responsible Authority.

50 Prior to approval of engineering construction plans, a plan of creation of road reserve in favour of the Shire of Yarra Ranges to cover the extent of the roundabout will be lodged and approved by the Titles Office, to the satisfaction of the Responsible Authority.

51 Prior to the occupation of the permitted development, the parking areas and vehicular accessways shown on the endorsed plan must be fully constructed, sealed, drained and delineated to the satisfaction of the Responsible Authority.

52 Prior to the occupation of the permitted development, traffic calming devices on vehicular accessways and must be fully constructed, sealed, drained and delineated to the satisfaction of the Responsible Authority.

53 Prior to the occupation of the permitted development, an appropriate intersection treatment in Victoria Road at the main entrance to the site must be constructed to serve the development to the satisfaction of the Responsible Authority.

54 Prior to the occupation of the permitted development, piped drainage or appropriate water sensitive design must be constructed to drain all paved areas to the satisfaction of the Responsible Authority.

55 Prior to approval of civil engineering construction plans, a drainage strategy must be submitted to the Responsible Authority for approval. The drainage strategy must show how all drainage runoff is to be controlled and must include catchments within and external to the development where these catchments are deemed to be affected by or have an effect on the development. Strategy to include Water Sensitive Urban Design concepts and principles where practical.

56 Prior to the commencement of any works covered by this permit, engineering plans showing all carparking, driveways and drainage must be submitted to the Responsible Authority for approval.

57 Prior to the approval of civil engineering construction plans showing all carparking, vehicular accessways and drainage, a checking fee of $1000 must be paid to the Responsible Authority.

58 Prior to the approval of civil engineering construction plans an inspection /surveillance fee to the value of 2.5% of the cost of the works as required by conditions 50 and 54 must be paid to the Responsible Authority.

59 Prior to the commencement of any works covered by this permit, an inspection report, including documentation and photos, of the condition of Macintyre Lane and Victoria Road adjacent to the site to be used as access must be submitted to the Responsible Authority for approval.

(a)

The condition of these roads shall be monitored for the duration of the works and any repairs or maintenance identified as required by reason of the development on the site shall be completed to the satisfaction of the Responsible Authority within 24 hours of being identified.

(b)

At the completion of works a final condition report for these roads shall be submitted and and repairs/re-construction works identified shall be carried out at the cost of the permit holder, to the satisfaction of the Responsible Authority.

60 The construction of all internal civil works, including carparking, vehicular accessways and drainage is to be inspected and approved by a suitably qualified or experienced civil engineer or person. Prior to the occupation of the permitted development, the engineer or person must certify the construction of these works, to the satisfaction of the Responsible Authority.

61 The parking areas and vehicular accessways and drainage approved by this permit must be maintained to the satisfaction of the Responsible Authority.

62 The parking areas and vehicular accessways must not be obstructed or made inaccessible to the satisfaction of the Responsible Authority.

63 The works as required by conditions 50 and 54 of this permit are to be maintained in good condition and repair by the developer, for a period of three months from the date of practical completion, to the satisfaction of the Responsible Authority.

64 A maintenance bond to the value of 5% of the cost of the works included in conditions 50 and 54 of this permit or $1,000, whichever is greater, must be submitted to the Responsible Authority on the practical completion of the works.

65 The loading and unloading of vehicles and the delivery of goods must be carried out at all times within the site boundaries.

66 All vehicles must enter and exit the site in a forward direction.

67 The owner shall enter into an agreement with Melbourne Water corporation, under section 269A of the Melbourne and Metropolitan Board of Works Act 1958, for the provision of drainage of drainage works and the acceptance of surface water and storm water from the subject land directly or indirectly into Melbourne Water's drainage system.

68 At least 21 days before starting works, amended plans must be submitted to Council and Melbourne Water addressing Melbourne Water's conditions.

69 Unless otherwise agreed in writing with Melbourne Water, all structures must be located outside the 1 in 100 year floodplain.

70 Finished floor levels must be a minimum of 600mm above the applicable flood level.

71 Any new garage, or storage/maintenance shed must be constructed with finished floor or surface levels a minimum of 300mm above the applicable flood level.

72 Any vehicular and/or pedestrian access must be designed and constructed to comply with the following safety criteria associated with the applicable flood level:

(a)

Depth of flow does not exceed 0.35m;

(b)

Velocity of flow does not exceed 1.5m/s; and

(c)

The Depth x Velocity product does not exceed 0.35 sq.m/s.

73 Any road or access way intended to act as a stormwater overland flow path must be designed and constructed to comply with the floodway safety criteria outlined within Appendix G of Melbourne Water's Land Development Manual.

74 At least 21 days before starting works, Engineering plans (road and drainage) for the development are to be forwarded to Melbourne Water for comment and approval.

75 At least 21 days before starting works a Flood Emergency Response Plan must be submitted to Melbourne Water's satisfaction.

76 At least 21 days before starting works a detailed proposed site survey plan reduced to Australian Height Datum (AHD) must be submitted to Melbourne Water for approval.

77 Any earthworks must be done such that the volume of cutting within the floodplain is equivalent or greater than the volume of filling. Before starting works, volume calculations must be submitted to Melbourne Water demonstrating that the volume of filling does not exceed the volume of cutting.

78 Engineering plans for any earthworks within or adjacent to the floodplain as well as any drainage works connecting to the Olinda Creek must be prepared to the satisfaction of Melbourne Water and the Responsible Authority. No fill is to be imported onto the flood plain. Minor reshaping works will be permitted provided that computations are provided to Melbourne Water demonstrating that there is no net loss of flood storage. Plans are to include existing surface levels, proposed areas to be excavated or filled (using material excavated from the floodplain) including longitudinal section and cross-sections.

79 Upon completion of works, a certified survey plan, showing levels reduced to the Australian Height Datum, must be submitted to Melbourne Water to demonstrate that Melbourne Water's conditions have been satisfied.

80 At least 21 days before starting works a detailed Landscape Plan must be submitted for Melbourne Waters approval. This plan must address but is not limited to species types, quantities and locations.

81 Melbourne Water requires the preparation to its satisfaction a waterway strategy for the Muddy Creek, to guide its rehabilitation and seek to have it recognised as a feature within the development of the golf course. The strategy must examine site surface drainage to ensure that overland flows can be adequately managed and not undue impacts on the Muddy Creek. The strategy must include an examination of:

(a)

Flows and velocities in Muddy Creek;

(b)

Opportunities for water quality treatment on or off-line;

(c)

Rehabilitation methods and treatments showing typical cross-sections of the altered waterway;

(d)

Revegetation using local provenance indigenous species; and

(e)

Integration of the waterway with the golf course development.

82 At least 21 days before starting works detailed wetland design plans must be submitted for Melbourne Water's approval.

83 At least 21 days before starting works detailed storage dam design plans must be submitted to Melbourne water's approval. These plans must include the source of water for the dam, i.e. catchment runoff, treated grey water.

84 The provision of water to fill the wetland/dam after construction will be subject to the current water restrictions imposed by the Victorian Government and/or diversion license agreements.

85 A separate application to Melbourne Water in writing is required for dam registration if the dam will be used for irrigation.

86 A separate application to Melbourne Water in writing is required for a diversion license to divert flows from Melbourne Water's waterways or wetlands unless a current license is held for this purpose.

87 At least 21 days before starting works a separate application, direct to Melbourne Water, must be made for any new or modified storm water connection to Melbourne Water's drains or watercourses. Before accepting an application, evidence must be provided demonstrating that Council has considered that it is not feasible to connect to the local drainage system.

88 At least 21 days before starting works a separate waterway crossing application direct to Melbourne Water must be made for any new or modified waterway crossings.

89 At least 21 days before starting works a separate build over application direct to Melbourne Water must be made for any works over a Melbourne water asset.

90 At least 21 days before to starting works detailed design plans of waterway crossings, if proposed, must be submitted to Melbourne Water for approval.

91 A detailed sewerage outfall strategy must be submitted to Melbourne Water.

92 No polluted and / or sediment laden runoff is to be discharged directly or indirectly into Melbourne Water's drains or watercourses.

93 At least 21 days before starting works detailed drainage design plans must be submitted for Melbourne Water's approval. These plans must demonstrate how runoff will meet the objectives outlined in the State Environmental Protection Policy (SEPP), Waters of Victoria during and post construction.

94 At least 21 days before starting works a detailed Water Quality Strategy must be submitted to Melbourne Water's satisfaction. This strategy must include:

(a)

Modelling undertaken demonstrating the quality of stormwater discharged;

(b)

Unless otherwise agreed in writing by Melbourne Water, post construction runoff, is to be discharged directly or indirectly into Melbourne Water's drains or waterways in a manner that reflects the best practise performance objectives of the State Environment Protection policy (Waters of Victoria) 2001 with regard to suspended solids, total phosphorus, total nitrogen and litter.

(c)

Written confirmation from Croydon Golf Club is to be provided elaborating that Croydon Golf Club will be responsible for the future maintenance of the wetlands as well as the monitoring of the water quality discharging to the Olinda and Muddy Creek; and

(d)

Where maintenance of the wetland is identified, Croydon Golf Club should also commit to undertake the maintenance activity in a timely manner.

95 The applicant must provide easements satisfactory to SPI Electricity Pty Ltd for the purpose of "Powerline" in the favour of "Electricity Corporation" pursuant to Section 88 of the Electricity Industry Act 2000, where easements have not been otherwise provided, for all existing SPI Electricity Pty Ltd electric power lines and for any new power lines required to service the lots on the endorsed plan and/or abutting land.

96 The applicant must adjust the position of any existing SPI Electricity Pty Ltd easement to accord with the position of the electricity line (s) as determined by survey.

97 The applicant must provide survey plans for any electric substations required by SPI Electricity Pty Ltd and for associated power lines and cables and execute lease for a period of 30 years, at a nominal rental with a right to extend the lease for a further 30 years. SPI Electricity Pty Ltd requires that such leases are to be noted on the title by way of a caveat or a notification under Section 88(2) of the Transfer of Land Act prior to the registration of the plans of subdivision.

98 The applicant must ensure that all necessary auditing is completed to the satisfaction of SPI Electricity Pty Ltd to allow the new network assets to be safely connected to the distribution network.

99 The owner of the subject land must enter into an agreement with Yarra Valley Water for the provision of water supply.

100 The owner of the land must enter into an agreement with Yarra Valley Water for the provision of sewerage.

101 Prior to a Statement of Compliance being issued by the Responsible Authority, the owner shall provide to the satisfaction of Telstra all works for provision of Telecommunication Services to each lot created in the subdivision.

102 Where any extension or alterations to Telstra's network or plant are necessitated by the proposed subdivision, the cost of such works shall be met by the owner prior to the Statement of Compliance being issued.

103 The plan submitted for certification must show details of easements and/or RCM/RIM sites which may be required by Telstra.

104 The plan of subdivision submitted for certification must be referred to Telstra in accordance with Section 8 of the Subdivision Act.

The responsible authority is directed to issue a permit in accordance with this order under the provisions of Section 85(1)(b) of the Planning and Environment Act 1987.

Mr Trevor Hill, Mr Kevin Ryan, Mr Graham Lock and Dr Douglas Bristow.

1 This is an application to review the failure of the Responsible Authority to grant a permit within the prescribed time in respect of a permit application for golf course and walnut groves at 178-180 Victoria Street, Yering. The Responsible Authority ultimately decided that had it not been for the application for review it would have refused permission for the following reasons:

1. The subject land has an area of 132 hectares and its conversion to a golf course will result in a loss of productive agricultural land, which is inconsistent with the Green Wedge provisions and Melbourne 2030.

2. The proposal does not demonstrate an association between the commercial and agricultural uses as required by Clause 53 of the Yarra Ranges Planning Scheme.

2 The parties and the witnesses at the hearing of the application for review relied on both written and oral submissions and a number of photographs, plans and other documents were tendered to the Tribunal. The Tribunal inspected the subject site and its locality.

3 The subject land is a 132 hectare property located on the north-east corner of Victoria Road and Macintyre Lane, Yering. Victoria Road and Macintyre Lane from part of a well used link between the Maroondah and Melba Highways avoiding Lilydale Town Centre.

4 The site is cleared grazing land containing the historic 'Coowerp' homestead. The homestead sits on a high point in the central western section of the property. From there it slopes gently down to its western, northern and eastern boundaries. Towards its eastern end, Muddy Creek crosses the site in a south-east to north-west direction. Approximately two-thirds of the property are low lying and subject to occasional inundation. A plant nursery is established in the property's south-eastern corner.

5 The land commands impressive views to the north as do the rural lifestyle properties lying on the south side of Macintyre Lane. With the exception of those rural lifestyle properties to the south the surrounding area is largely open and rural in use and appearance. There are however a number of non-rural uses including the Lilydale Airfield, a gun club, an enquine centre and public parkland.

6 The northerly extent of urban Lilydale lies almost 5 km to the south and the township of Yarra Glen is situated approximately 3.5 km to the north-east.

7 The golf clubhouse is proposed to be accessed from Victoria Road and is located centrally in the site some 170 metres setback from Macintyre Lane. The golf course will extend to all boundaries of the site with the proposed walnut groves being proposed around the 'Coowerp' homestead and fronting Macintyre Lane immediately west of Muddy Creek.

8 The proposal is for the development and use of the subject property as a 27 hole golf course and 15 hectare walnut groves. It is intended that the golf course will become the new 'home' of the Croydon Golf Club whose site in Croydon is to be sold and developed for residential purposes and that the walnut groves will be developed and managed by the Club.

9 This is a second application for review in relation to a proposal involving a golf course on the subject land. The first application[2] was a review of a decision of the responsible authority to grant a permit for a facility including a 36 hole golf course, associated club rooms and facilities, and an 11 room residential hotel, providing accommodation for members and tourists. The Tribunal[3] refused to grant a permit concluding:

•

The subject land has an area of 132 hectares, it is a substantial site, and its conversion to a golf course will result in a substantial loss of productive agricultural land. While it is true that land developed as a golf course could revert to an agricultural use, the practicalities of such a reversion are such that it is reasonable to conclude that the land is lost to agricultural production for the foreseeable future.

•

The proposal is essentially the relocation of a private golf club based in suburban Melbourne. The proposal does not result in a recreational facility which supports the local rural community.

•

The proposal does include some tourist accommodation, and tourist residents will have access to the golf courses and club facilities. However, the use is predominantly a private golf club with some limited associated tourism based activities.

14 On balance we are of the view that this is a case in which the adverse effect of the proposal, that is the removal of rural land from productive agricultural use, outweighs the benefits which are accrued by the addition of a new tourism based enterprise or through the provision of a recreational facility of benefit to the local rural community.

10 The land is affected by a Green Wedge Zone Schedule 4 (GWZ4). The purposes of the zone are:

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

To recognise, protect and conserve green wedge land for its agricultural, environmental, historic, landscape, recreational and tourism opportunities, and mineral and stone resources.

To encourage use and development that is consistent with sustainable land management practices.

To encourage sustainable farming activities and provide opportunity for a variety of productive agricultural uses.

To conserve and enhance the cultural significance and character of open rural and scenic non-urban landscapes.

To protect and enhance the biodiversity of the area.

11 In a Green Wedge zone crop raising is permitted and leisure and recreation is permissible.

Relevance of redevelopment of existing Croydon Golf Club

12 The granting of permission in this case will allow the redevelopment of the existing Croydon Golf Club land for a significant residential development within the urban growth boundary of Metropolitan Melbourne. It was submitted that the residential development of this residentially zoned land was strongly supported by metropolitan planning framework, in particular Melbourne 2030, and that this was a factor that could be weighed in the balance which must be struck in this and every case between competing policy considerations.

13 It was accepted by Mr Pitt and his witnesses that the proposal would need to be an acceptable use of the land in its own planning context. Nevertheless, our earlier decision in the Bristow case means that the decision in this case is not unambiguously clear cut and this consideration, that is the future development of the existing Croydon Golf Club land, if relevant, may influence the final balance to be struck in this case.

14 The existing Croydon Golf Club land is privately owned land within a Residential 1 Zone. A decision maker considering the redevelopment of that land for residential purposes, will not be concerned about the strategic implications of that land being used for residential purposes, but rather will considering the particular merits of the proposed development in the particular planning context of that land. The issue I am being asked to consider is however different, permission for a golf course in this case enables redevelopment of the existing golf course land for residential purposes. The question of whether or not this is a positive outcome is necessarily a strategic question, in a sense, divorced from the current zoning of the Croydon site.

15 In this strategic context I think that the merits of the continued use of the Croydon Golf Club land in Croydon for a golf course would be a relevant consideration to me, although this question is unlikely to be relevant to the decision maker referred to above. Issues such as the loss of green space in the relevant part of Croydon, the greater reliance on motor vehicles resulting from the relocation of the golf course, and the social impact of the loss of this recreational facility in the local Croydon community in particular those without access to motor vehicles including young people under the age of 18, could all be relevant issues.

16 The strategic merits of the residential redevelopment of the Croydon site were not argued in this proceeding, other than to observe that more intensive residential development is within the urban growth boundaries supported by metropolitan policy. I think that if the redevelopment of the Croydon site is to be a relevant factor in the decision to be made in this case, then I need to make a strategic assessment of all the possible outcomes of my decision, and I am not in a position to do so. Therefore, I do not think that the redevelopment of the Croydon site is relevant to my decision, and that I should follow the normal course and consider the redevelopment of the subject land in its own planning context.

17 The Upper Yarra Valley and Dandenong Ranges Regional Strategic Plan is in effect implemented in the planning scheme through the operation of Clause 53. A mandatory requirement of these provisions is that an outdoor recreation facility in the Green Wedge Zone must be associated with an agricultural activity being carried out on the land or provide recreation or tourist facilities associated with tourist accommodation. Is the proposed golf course associated with an agricultural activity for the purpose of this clause.

18 It is submitted that the associations between the proposed golf course and the walnut groves are economic, functional and aesthetic. The walnut groves are part of the business plan for the golf course. The walnut groves will be owned and managed by the golf club. The golf club's equipment, staff and recycled water irrigation infrastructure will be shared by both the golf course and walnut groves. The walnut groves have been integrated into the landscape design of the proposed golf course.

19 It is clear that that the association between the proposed golf course and walnut groves is not essential. These are distinct uses of the land which are not necessarily co-dependent. However, I do not think that this is the relevant test, the applicants have developed a proposal which involves the land and use for both outdoor recreational facility and crop grazing in an association which I think is sufficient for the purposes of the planning scheme requirement. There is no mandatory barrier to the grant of a permit, but this conclusion does not necessarily mean that the proposal is otherwise consistent with the broader planning scheme context.

20 The principal agricultural activity proposed are the walnut groves which occupy approximately 15 hectares or 11% of the total site area, or 34% of that part of the site located above the flood plain. The proposed walnut groves will be an intensive and productive horticultural use which takes advantage of the recycled water irrigation infrastructure being provided as part of the golf course development. The applicant's experts estimate that in an economic sense, the proposed walnut groves would be more productive than have been the more recent uses of the subject land.

21 However, it remains the case that the provision of the recycled water irrigation infrastructure to the land is not necessarily reliant on the development of the land for a golf course. A larger area of the land could in theory be devoted to walnut groves or other forms of intensive horticulture. If the golf course does not proceed, the flood plains could continued to be used for grazing, or perhaps for some other more productive purpose.

22 On balance it is my view that the proposed walnut groves do represent a real productive agricultural enterprise. Nevertheless, without a golf course the land is at least theatrically capable of a larger rural enterprise subject to a considerable investment in the future use and development of the land.

23 In the Bristow case the application was considered in accordance with the provisions of the Rural Zone. The land at that time was affected by the Green Wedge Zone, but the transitional arrangements in place had the effect that the Rural Zone provisions applied. A consequence of this was that in our decision we did not turn our mind to the differences between the two zone provisions. In particular it is relevant that unlike the Rural Zone purposes the purposes of the Green Wedge Zone specifically recognise recreation opportunities within Green wedge land.

24 I now think that this is an important consideration. Nevertheless, the Green Wedge Zone purposes and decision guidelines and the specified features and values of the Upper Yarra Valley and Dandenong Ranges Green Wedge[4] place particular emphasis on the landscape and agricultural values of the Upper Yarra Valley, and make no specific mention of recreation.

25 The purposes of the Green Wedge Zone recognise recreational and tourism opportunities for Green wedge land. What then is meant by recreational opportunities.

26 Green Wedges are the obverse of corridor development which has been an aspect of metropolitan planning for many decades. Melbourne 2030 places new emphasis on the Green Wedges, particularly through the establishment of the urban growth boundary. Nevertheless Melbourne 2030 itself, and the associated implementation plan, refer to the recreational role of Green Wedges without any more informative discussion in relation to the role of recreation within Green Wedges. I have scanned various earlier technical and advisory reports and it appears to me that the principal preoccupation of strategic thinking in relation to Green Wedges has been to protect it from urban encroachment, in particular rural residential type development, and there has been little work done on the role of Green Wedges in recreation, in particular recreation associated with the metropolitan area.

27 On one hand one could regard recreation and tourism opportunities on Green wedge land as relating to activities which are incidental to another use or activity which can be regard more primary to the essentially rural purpose of the green wedge land. For example, a café associated with a winery, farm stays, or picking your own fruit. Conceived of in this way Green Wedge Zones are a particular case of the Rural Zone with the particular purpose of protecting green wedge land from the metropolis, by preventing the city from leaking out into the Green Wedges.

28 On the other hand one could regard recreation and tourism opportunities on Green wedge land as relating to activities which not only recognise the particular rural character of the locality but also relate to the association of green wedge land with the metropolis. In this conception green wedge land is the lungs of the metropolis which among other purposes is a place of resort and recreation for city dwellers. In this case the purposes of the Green Wedge Zone are to manage green wedge land for the purposes of the metropolis.

29 Ultimately I think that both conceptions apply to the Green Wedge. The purpose of identifying Green Wedges is to protect them from the city, but also to recognise their association with the city. In this context I think one can conclude as a general proposition that golf courses have a similarity with picnic grounds and walking trails and all manner of recreational opportunities which might occur within the green wedge land[5]. A golf course in the Green Wedge Zone providing recreational opportunities primary focussed on the metropolis is perhaps more acceptable than such a golf course in the Rural Zone.

30 I have identified the possibility of a golf course within the Green Wedge Zone. I have discussed the significance of the proposed agricultural activity, and I have concluded that there is an association between the proposed golf course and an agricultural activity for the purposes of Clause 53. Do these considerations lead to a conclusion that the proposed golf course and its associated walnut groves are an acceptable land use, particularly having regard to the LPPF and the Regional Strategy Plan.

31 The LPPF and the RSP undoubtedly place considerable emphasis on the preservation of agricultural land uses. Nevertheless, both also identify the recreational role of the region. The RSP at Clause 16.08 states:

A diverse range of recreational and tourism opportunities are to be encouraged in appropriate locations in rural policy areas (other than intensive agricultural policy areas), provided that they are in keeping with, and enhance the existing overall character of the area and the maintenance of wall and agricultural pursuits, visual environmental quality and residential amenity.

32 The proposal incorporates a significant rural enterprise, which distinguishes it from the Chirnside Golf Course proposals. Nevertheless a considerable area of agricultural land is to be lost for agricultural production and used for recreational purpose. On balance I am of the view that the zone provisions contemplate opportunities for recreation, and the applicant's association of the recreational use with an agricultural enterprise is a reasonable response to the requirements of the Local Policy Framework, in particular the Regional Strategic Plan.

33 Submissions in relation to what might be regard as direct amenity impacts were made in relation to the following matters:

•

Landscape impacts and impacts on views;

•

The impact of horticultural and course management practices,

in particular spray drift;

•

Traffic and noise;

•

Water supply and quality impacts downstream from the site.

34 The subject land is at present mainly open pasture and therefore the redevelopment of the site in accordance with the proposal will substantially change its visual appearance.

i

The walnut groves will have the appearance of a substantial orchard.

ii

The golf course designers have adopted what is apparently called a meadows typology for the course design, which in terms of the intensity of vegetation lies somewhere between a links typology and an enclosed fairway typology.

iii

The main physical structures, the clubhouse, the car park and the maintenance facility have quite substantial setbacks down slope from McIntyre Lane. The proposed landscape will at maturity substantially screen these physical elements.

35 It is my conclusion that this very substantial change to the existing landscape values of the land, is not an adverse change. The landscape which will ultimately evolve on this site is one which will sit comfortably within the overall landscape of the valley. New trees and more particularly the walnut groves will from some view points affect views across the site. I do not consider such an impact to be unexpected, or unreasonable in a rural environment. It is relevant that the proposed walnut groves are a example of crop raising an as-of-right use within the Green Wedge Zone.

36 McIntyre Lane and Victoria Street are arterial roads carrying a substantial volume of traffic. The subject land is very large, and the setback distances between the clubhouse and carpark and nearby residences are themselves large. Golf courses are not inherently noise uses. I think it unlikely that there will be any unreasonable, or unmanageable, noise associated with the use of the land for the purpose of a golf course.

37 The operation and maintenance of the olive groves and the golf course itself will involve the use of both machinery and sprays. These activities are not foreign to a rural locality. The site is very large and there seems no reason why any offsite impacts could be avoided by quite ordinary horticultural practices.

38 It was alleged that the development use of the golf course would reduce the quality and supply of water downstream of the subject land. No evidence was led to support this assertion. I note that the proposal for the development of the site included a very considerable consideration of the environmental effects, and that Melbourne Water did not object to the grant of a permit. There is no basis for me to form a view that the asserted impacts will occur.

39 It follows from the above reasons that it is my conclusion that the decision of the responsible authority should be set aside and a permit granted. In deciding the conditions to be included on the permit I have had regard to the draft conditions provided to the Tribunal by the responsible authority and the submissions and evidence of the parties in addition to the matters which arise from my reasons. I am concerned that the conditions are excessively complex, but as they have been largely settled by the parties I have not made extensive changes

[1] Extracted from the submissions of Mr David Whitney, Town Planner

[2] Bristow v Yarra Ranges SC [2004] VCAT 1815

[3] Mr Anthony Liston, Senior Member Dr Sylvia Mainwaring, Member

[4] Policy 2.4 of Melbourne 2030

[5] Not necessarily within the Green Wedge Zone, but within the locality.