Buildings and works associated with the use of a Buddhist monastery.

1. Before the use and development starts, plans must be approved and endorsed by the responsible authority. The plans must:

(a) be prepared to the satisfaction of the responsible authority

(b) be drawn to scale with dimensions

(c) submitted in electronic form

(d) be generally in accordance with the plans forming part of the application and identified as:

• Development plans prepared by ARPC Pty Ltd:

  • Job No. 2371, TP01 - TP04 (inclusive), dated 2 July 2023 (circulated as corrected plan package to the Tribunal on 15 July 2025)

  • Job No. 2371, TP05, TP06, TP07, TP08 and TP08A, dated 15 May 2025 (circulated as corrected plan package to the Tribunal on 15 July 2025)

  • Landscape Plans prepared by Monarch Garden Design: Job No. 25-1225, Original issue A, sheets 1, 2 and 3, all dated 15 May 2025.

1. The location of the effluent field.
2. Location of the 22 space car park to generally accord with the revised car park layout plan dated 11 August 2025.
3. The location of the access passing bays.
4. Waste storage areas.
5. The front gate to be moved back 45 metres into the property from the adjoining road surface.
6. A 5.5 metre wide by 10 metre long sealed bell mouth from the edge of the sealed road surface.
7. A vehicle crossing to Clonbinane Road, constructed to a rural standard in accordance with Council's adopted design manual.
8. A minimum 3-metre-wide engineered driveway.
9. A schedule of materials and colours for the building extension.
10. The Operating Plan required by Condition 13.
11. The Land Management Plan required by Condition 19.
12. The Event Traffic Management Plan required by Condition 26.
13. The Construction Plan required by Condition 29.
14. The Bushfire Emergency Plan required by Condition 42.

1. The layout of the use and development must not be altered from the layout on the approved and endorsed plans without the written consent of the responsible authority.

Compliance with documents approved under this permit

1. At all times, the approved use must be carried out in accordance with the requirements of any document approved under this permit to the satisfaction of the responsible authority.

1. The use hereby permitted must at all times be conducted in a manner which ensures that the amenity of nearby residences is not detrimentally affected.
2. At all times noise emanating from the land must comply with the requirements of the Environment Protection Regulations 2021 (as amended from time to time) as measured in accordance with the Noise Protocol to the satisfaction of the responsible authority.

1. No external sound amplification equipment, loudspeakers or public address system are to be used for the purpose of announcement, broadcast, playing of music or similar purpose.

1. All external materials must be non-reflective and finished in natural colours or shades to the satisfaction of the responsible authority.

1. Except with the prior written consent of the responsible authority, the meditation events must only occur within the monastery building to the satisfaction of the responsible authority.

1. Except with the prior written consent of the responsible authority, the number of persons on the site at any one time, not including residents of the monastery, must occur only in the nominated hours and for the maximum nominated visitors as set out in the table below:

Weekend meditation retreats - must not occur in conjunction with any other monthly or annual event.

Working bee - must not occur in conjunction with any other weekend meditation retreat, monthly or annual event.

Vesak - Buddha's birthday / enlightenment / passing away celebration ( one day only - May)

Rainy season end celebration (One day only - November)

1. Before the use and or development starts, an Operating Plan prepared by a suitably qualified professional to the satisfaction of the responsible authority must be submitted and approved by the responsible authority. When approved, the Operating Plan will be endorsed and will then form part of the permit. The Operating Plan must be submitted in electronic form and include the following:

(a) Operations management details, including but not limited to:

1. Event and visitor numbers for each event in accordance with this permit and how the limit of persons on site for each event will be controlled and maintained.
2. The days and hours of operation.
3. Use of the car parking area and prohibition of car parking outside the property boundary.
4. Limiting or otherwise suspending the operation to address bushfire risks to the property and people therein.
5. Uses of the buildings and open areas of the subject site.

1. The use of the land must be conducted in accordance with the endorsed Operating Plan except as may be varied from time to time with the written consent of the responsible authority.

1. No fewer than 25 car spaces, including a minimum of 1 car space for the exclusive use of disabled persons, must be provided on the land.

1. No vehicles associated with the accommodation and monastery use are permitted to park in Clonbinane Road.

1. Areas set aside for the parking of vehicles together with the access lanes must be properly formed to such levels that they can be utilised in accordance with the endorsed plans and must be drained and provided with an all-weather crushed rock surface. The areas must be constructed, drained and provided and maintained in a continuously useable condition to the satisfaction of the responsible authority.

1. Areas set aside for the parking and movement of vehicles as shown on the endorsed plans must be made available for such use and must not be used for any other purpose.

1. Before the use and/or development starts, a Land Management Plan that details any existing and proposed areas of revegetation, including screening, that will enhance the natural environment must be prepared. The plan should include:

(a) Details of the property (address, land size, etc).

(b) Land characteristics (slope, soil quality, waterways).

(c) Existing land uses.

(d) Location of existing infrastructure (buildings, fences, etc).

(e) Detail of current activity on adjoining properties and location of buildings.

(f) Details of existing vegetation (native vegetation, canopy trees, etc).

(g) Any soil damage or existing erosion.

(h) The availability of power and other services.

(i) A description of the state of the property with regard to vermin and noxious weeds.

(j) Details of the proposed use, including current and intended access to and through the property.

(k) Details of revegetation or land reclamation activities proposed to be undertaken.

(l) Details of proposed works associated with the use (i.e., replanting, fencing, etc).

(m) Details of weed and pest management.

(n) Details of water management (as relevant, dams, water access, treatment of waterways and/or drainage lines.

(o) Tree planting on the eastern side of the car parking area.

(p) A planting schedule of all proposed trees and shrubs of the appropriate Ecological Vegetation Class (EVC).

(q) A timeline for the completion of environmental works within 5 years of the use starting.

(a) It will be endorsed and form part of this permit; and

(b) It must be complied with;

1. Before the use and/or development starts, the owner must enter into an agreement with the responsible authority under section 173 of the Planning and Environment Act 1987 to provide for the following:

(a) At all times the use of the land must be managed in accordance with the recommendations contained within the endorsed Land Management Plan, to the satisfaction of the responsible authority.

(b) That the owners and occupiers of the land are aware that agricultural land uses exist in the immediate area and adjacent to the site that may adversely affect the amenity of the land through the emission of noise, dust, odour visual amenity and the movement of vehicles including trucks.

(c) That the owners and occupiers of the land are aware that the agricultural land uses in the immediate area may expand their operations in the future.

The landowner must pay the reasonable costs of the preparation, execution and registration of the section 173 Agreement.

1. All on-site parking must be designed and maintained in accordance with AS/NZ 2890.1:2004 and AS/NZ 2890.6:2004 to the satisfaction of the responsible authority.
2. Before the use starts, an Event Traffic Management Plan must be prepared by a suitably qualified person for all monthly and annual events that includes advisory signage and temporary reduced speed limits of 60 km/h, to the satisfaction of the responsible authority. Once approved, the plan will be endorsed and will form part of the permit and must be complied with for annual events.

1. Before the use starts, drainage works between the proposed development and the Council nominated point of discharge must be constructed at no cost to Council. The works must be to the satisfaction of the responsible authority.
2. Before the use starts, the site must be connected to an underground drainage system including an on-site detention system to control flows to predevelopment levels and treat stormwater wholly within the boundaries of the site, to the satisfaction of the responsible authority.

1. Prior to the commencement of works, unless otherwise agreed to in writing by responsible authority, detailed construction plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The construction plans must be drawn to scale with dimensions. The plans must include:

(a) Crossover details

(b) Signage details

(c) Swept Paths demonstrating forward motion ingress and egress

(d) Driveway construction and drainage details including driveway grades and indication of fall; and

(e) Underground drainage details, overland flow path and supporting calculations.

1. Before the use starts, all works shown on the approved construction plans must be constructed or carried out in accordance with the plans to the satisfaction of the responsible authority.

1. Before the use starts, unless otherwise agreed in writing by the responsible authority, all reinstatement works must be completed, and an 'Asset Protection Permit" must be finalised to the satisfaction of responsible authority.

1. All waste and recyclables must be stored in and collected from an area set aside for this purpose. This area must be graded, drained and screened from public view to the satisfaction of the responsible authority.

1. All waste material not required for further on-site processing must be regularly removed from the site to the satisfaction of the responsible authority. All vehicles removing waste must have fully secured and contained loads so that no wastes are spilled, to the satisfaction of the responsible authority.

Environmental Health Conditions Land Capability Assessment

1. Before the use starts, all sewage from the development must be discharged into a new, EPA approved, on-site wastewater treatment system to the satisfaction of the responsible authority.

Discharge to EPA approved on-site wastewater treatment system

1. Before the use starts, all sewage and sullage wastewater from the proposed development must be discharged into a new, EPA approved, on-site secondary wastewater treatment system to the satisfaction of the responsible authority. The treated effluent must be disposed of via subsurface pressure compensating subsurface irrigation retaining all wastewater within the boundaries of the subject land, to the satisfaction of the responsible authority.

1. Access must be provided via an all-weather road to the satisfaction of the responsible authority.
2. The dwelling/monastery building must be connected to a reticulated potable water supply or have an alternative potable water supply with adequate storage for domestic use as well as for firefighting purposes to the satisfaction of the responsible authority.

1. If the driveway from the road to the dwelling/monastery building and water supply, including gates, bridges and culverts, is greater than 30m long:
   • It must be designed, constructed and maintained for a load limit of at least 15 tonnes, and be of all- weather construction; and
   • It must provide a minimum trafficable width of four metres, and be clear of encroachments four metres vertically and 0.5 metres each side of the driveway.
2. If the driveway is greater than 100m long, it must provide for the turning of fire fighting vehicles close to the dwelling, by either:
   • the provision of a turning circle with a minimum radius of ten metres, or by encircling the dwelling; or
   • the provision of a "T" head or "Y" head with a minimum formed surface of each leg being eight
   • metres length measured from the centre point of the head, and four metres trafficable width.
3. If the driveway is greater than 200 metres, passing bay 20 metres long must be provided every 200 metres, with a trafficable width of 6 metres.
4. Curves in a driveway must have a minimum inner radius of 10 metres.
5. 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.

1. A static water supply must be provided and meet the following requirements:

(a) The minimum of 20,000 litres of water must be provided and maintained solely for firefighting purposes.

(b) The water supply must be within 60 metres of all walls of the dwelling/monastery building (allowing for any obstructions).

(c) Fire Brigade vehicles must be able to get within 4 metres of the water supply outlet.

(d) The water supply and associated fixed above ground water pipelines and fittings must be constructed in materials resistant to corrosion and combustion. Other materials can be utilised where appropriately protected from the effects of radiant heat and flame.

(e) The water supply must be readily identifiable from the building or appropriate signage must point to the water supply.

(f) If the water supply is above ground the following additional standards apply:

1. it must provide at least one 64 mm, 3 thread/25 mm x 50 mm nominal bore British Standard Pipe (BSP), round male coupling to CFA specifications.
2. all pipe work and valving between the water supply and the outlet must be no less than 65 mm nominal bore; and
3. if less than 20 metres from the building, each outlet must face away from the building to allow access during emergencies.

(g) All below ground water pipelines must be installed to the following depths:

1. subject to vehicle traffic - 300 mm
2. under houses or concrete slabs - 75 mm

1. Before the development is occupied, a suitably qualified person in emergency planning must prepare a Bushfire Emergency Plan. Once prepared, the site must be managed in accordance with the plan. The Bushfire Emergency Plan must include:

(a) A clear statement of the plans purpose and scope

(b) Details on the site and any emergency features/equipment.

(c) A version control table and details on when and how the plan will be reviewed.

(d) Details the roles and responsibilities of the emergency control organisation (wardens)

(e) Outlines training requirements for the emergency control organisation (wardens) and how often exercises will be conducted.

(f) Details for onsite contacts, emergency services and neighbours.

(g) Contains appropriate "action statements" for:

1. Before the Fire Danger Period
2. During the Fire Danger Period - including details of how the bushfire threat will be monitored.
3. When an extreme and catastrophic Danger Rating is forecast
4. When any other lower trigger point for action is forecast (as determined by the sites emergency control organisation/management)
5. When a bushfire threatens the site - including the trigger for sheltering in place or evacuation (as appropriate).
6. After the bushfire threat passes.

(h) Details on evacuating staff, visitors and guests

(i) Details on sheltering in place (if required).

1. The use of the monastery building for visitors approved under this permit must not operate after 10.00am on any day with a declared Fire Danger Rating of extreme or catastrophic

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 extension must be disposed of via connection to the existing wastewater management system. If necessary, the system must be altered and/or upgraded in accordance with the relevant Australian Standard(s) and EPA Guideline for Onsite Wastewater Management, May 2024, as updated or replaced, and to the satisfaction of Council's Environmental Health Department.
3. The dwelling extension must not encroach on the wastewater treatment system or disposal area. Stormwater run-off from the extension roof must not be directed towards the disposal area.
4. No buildings are to be constructed within 30 metres of any waterways or on any drainage lines.

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

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

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

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

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

[1] The submissions 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] These orders substituted the application plans and sought further submissions on an issue identified in our site inspection.

[3] Consistent with section 66(1)(a) of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 (Vic).

[4] The applicants referred to the website stating meditation would be led by Bhante Pasadika, who according to the website, is a senior Buddhist monk and renowned Meditation teacher.

[5] [2002] VCAT 921.

[6] In December 2022. The council also confirmed it is currently seeking to implement the RLAR through an amendment to the Mitchell Planning Scheme, but has yet to receive authorisation from the Minister for Planning for such an amendment.

[8] Trans Traffic Survey attached to the Traffic Impact Study - survey undertaken 4-11 January 2024.

[9] Noting the traffic survey includes latitude / longitude points for each survey location. We have inputted these points into Nearmap to create the markers.

[10] Consistent with other decisions of the Tribunal. For example see Alphington Grammar School v Yarra CC [2024] VCAT 148, [142]-[147].

[11] Applicant submission - paragraph 40.