1. That purpose sets it apart from any of the rural type zones and clearly establishes the area as being first and foremost about living with all of the amenity characteristics that follow from that. In my view, and again based on inspection, that will be assisted if the presentation to Girdwood Court is of a typical sprawling home on a large lot complete with ornamental garden.
2. That said, it was apparent to me on inspection that the north side of the drive (that is the right hand side as one enters the property) serves a different function to the south side. The north side is partly planted with vines which are in the foreground to the wine making shed and which serve to screen that shed. I noted that most of these rows of vines are terminated by rose bushes which presents as a quite attractive appearance when viewed from Girdwood Court. I do not think that anything would be served by removing these vines from the north side as they act as a 'forecourt' to the wine making area.
3. By contrast, the south side of the drive clearly serves as the foreground to the dwelling and there is already attractive domestic scale plantings close to the home and around the raised 'gazebo' type area. For the reasons advanced by Council, I think that this area should be planted in a more ornamental style reflective of typical residential estates. In my view, this side of the drive is a bit untidy at the moment and it does not complement the house or the rest of the vineyard. I will require that this area be kept free of vines and that there be an extra landscape requirement in the condition to ensure that this area is planted and maintained in a more 'domestic' style.
4. Existing Condition 16

Spraying of vines may only be done under the following conditions:

(a) When the measured wind speed is between 0 and 5 kilometres per hour;

(b) Prior written notification has been given to all abutting neighbours.

Spraying of vines may only be done under the following conditions:

(c) When the measured wind speed is between 0 and 5 kilometres per hour;

(d) Notification has been given to all abutting landowners or written advice has been provided to the Responsible Authority from the adjoining landowners that notification is not required.

1. The only real change to the condition relates to notifying neighbours. Ms Hogan noted that there are six properties that adjoin the subject site. One of these properties is owned by the applicant and three are owned by parties who support the applicant. It is only the Davis's at No. 11 Jones Close and the Thompson's at No. 19 Jones Close who oppose the application. According to Ms Hogan, rather than requiring prior written notification to all owners, there should be an opportunity for owners to have a 'standing consent' authority lodged with Council. Such a consent would remain in place until an owner sought to repeal it or an owner sold the property, in which case the need for written notice would be re-activated.
2. This adjustment makes sense and I am inclined to support it especially in light of the evidence of the parties that, while not perfect, genuine attempts have been made to comply with this condition.
3. As the Davis's are clearly the closest and most affected neighbour, I will further modify the condition to reflect item 1.5 of the enforcement order requiring written notice by facsimile to them within 24 hours of spraying.

1. In all the circumstances, I think that it is appropriate to amend some, but not all of the conditions. Condition 11 will be modified to refer to the north boundary only. Condition 12 will be modified to delete reference to the need for 1m high plants. Condition 14 will be retained but only in respect of the south side of the entrance drive. Condition 16 will be varied to allow neighbours to have a "standing" instruction with Council which can be re-activated at any time or on the sale of the land.
2. I would also take the opportunity, as I did in the hearing, to implore the parties to adopt a 'good neighbour' attitude to this issue. The parties are neighbours and will have to live next door to one another. We can't pick our neighbours, but we can be civil in our dealings with them and respect their wishes. This applies on all sides of the fence. Common courtesies like a phone call, a knock on the door, a text message, a fax or an email alerting neighbours to impending action is part and parcel of being any neighbour. The host of a 21st birthday party will typically tell neighbours there might be a bit of late night music and revelry. The parents of the teenager with a new set of drums will also let the next door neighbours know that while there might be some noise, there will be a strict curfew time. A planning permit shouldn't really be the forum for such arrangements and most of the time they are not. It is left to a common courtesy.
3. In the current case, and in a low density residential estate like this, I think it entirely appropriate that neighbours be told of imminent spraying so that arrangements can be made, clothes can be brought in, gardening plans can be modified and so on. As the vineyard activity requires permission, I do think it appropriate to maintain a condition requiring notice to be given. That said, I would urge the parties to go beyond all of this and develop a common sense protocol among themselves to minimise confusion and friction, and to engender trust and neighbourliness.

A plan must be submitted and approved by the Responsible Authority that shows the area set aside for buffer planting and must be planted with advanced trees and shrubs. This area must then be maintained to the satisfaction of the Responsible Authority. The area set aside for this buffer planting is to be on the northern boundary. The buffer is to have a setback of 7 metres.

The area set aside for buffer planting, as shown on the endorsed plan, must be planted with trees, shrubs or other vegetation to the satisfaction of the Responsible Authority. This area must then be maintained to the satisfaction of the Responsible Authority.

Prior to the commencement of any works associated with the development hereby permitted, the following works must be completed:

(a) Vines on the south side of the driveway on Lot 40 must be removed.

(b) A landscape plan showing planting of the south side of the driveway to include 'domestic style' trees and shrubs. The landscape plan must include details of plant species, size at time of planting and density of planting.

Spraying of vines may only be done under the following conditions:

(a) When the measured wind speed is between 0 and 5 kilometres per hour;

(b) Written notification by facsimile (during business hours) to either Mr. or Mrs. Davis not less than 24 hours prior to proposed agricultural spraying.

(c) Notification be given to all other abutting landowners or written advice be provided to the Responsible Authority from the adjoining landowners that notification is not required. This advice can be repealed by the landowners at any time and has no force or effect in the event of a transfer of ownership of abutting land.