(a)

A splay on lots fronting Gracefield Road at the change of direction to add 3.0 metres of width of the road reserve. Also 3m x 3m splay at the 90 degree change of direction on Gracefield Drive.

When approved, the plan will be endorsed and will then form part of the permit.

2 Formal Plan of Subdivision

The formal plan of subdivision lodged for certification must be in accordance with the endorsed plan and must not be modified except to comply with statutory requirements or with the written consent of the Responsible Authority.

3 On-site Stormwater detention (Sub/d)

All underground or surface drainage works that are considered necessary by the Responsible Authority shall be constructed in accordance with plans, computations and specifications submitted to and approved by the Responsible Authority prior to the commencement of construction of drainage works.

Such drainage works shall include the provision of an on-site stormwater detention system designed in accordance with the City of Ballarat's 'Site Stormwater Management Systems Policy' and installed to transport stormwater run-off from the subject land and surrounding land or adjoining road(s) to an approved point of discharge.

No stormwater shall drain or discharge from the land adjoining properties without the prior approval of the Responsible Authority.

On completion of the construction of the stormwater detention system, as constructed drawings shall be submitted to the Responsible Authority. The plans shall be certified by a suitably qualified and experienced engineer eligible for Corporate Membership of the Institution of Engineers, that the completed works are in accordance with the approved plans, design levels and specification.

All works shall be completed to a standard satisfactory to the Responsible Authority prior to a Statement of Compliance being issued.

The pre development coefficient of runoff to be adopted is 0.3.

Such drainage works through the existing valley incorporate individual dams/lagoons to ensure that post development discharge does not exceed pre-development levels. The dams/lagoons and associated surface and subsurface drainage to be located in easements with an agreement on titles indicating that responsibility for maintenance will be that of the owner. The design of the stormwater infrastructure system within the development is to consider the catchment from the east and south side of Gracefield Road.

The legal point of discharge for the site is the existing stormwater pit located in Gracefield Road, west of the Gracefield Drive intersection. Underground stormwater pits and pipes are to replace the existing open table drain from the site to the legal point of discharge.

4 Drainage Easements

All easements deemed necessary to protect existing or future drainage lines within the proposed development site and properties between the development site and the nominated point of discharge shall be created to the satisfaction of the Responsible Authority.

5 Sediment Control Measures

Details of site sediment control measures (a Sediment Control Plan) during site construction works shall be submitted to the satisfaction of the responsible authority prior to the commencement of site works. Control measures should be consistent with the EPA publication 480 "Environment Guidelines for Major Construction Sites". When approved the Sediment Control Plan shall be endorsed as forming part of this permit. All sediment control measures shall be undertaken and remain in place until the completion of site works in accordance with the Sediment Control Plan to the satisfaction of the Responsible Authority.

6 Filled and Contaminated Sites (Sub/d)

Prior to certification of the Plan of Subdivision a soil report prepared by a suitably qualified geo-technical engineer or similar shall be submitted to the Responsible Authority which includes data on a reasonable number of test bores on the site as determined in consultation with the Responsible Authority. Any fill and the nature of that fill shall be detailed in the report.

Should the report identify the existence of fill then the following information shall be submitted:

(a)

If clean fill, the full extent and depth of the fill is to be shown on a plan. This information may require some alteration of proposed lot boundaries or further works to the satisfaction of the Responsible Authority; OR

(b)

If not clean fill, either:

(i) A certificate of environmental audit issued for the land in accordance with Part IXD of the Environment Protection Act 1970 must be provided prior to the issue of a Statement of Compliance; OR

(ii)

An environmental auditor appointed under the Environmental Protection Act 1970 must make a statement in accordance with Part IXD of that Act that the environmental conditions of that land are suitable for the intended use prior to the issue of a Statement of Compliance.

7 Supervising Fee

Pursuant to Section 17(2)(b) of the Subdivision Act 1988 and Clause 8 of the Subdivision (Permit and Certification Fees) Regulations 1989, the prescribed fee for supervision of work shall be up to 2.5 per cent of the cost of constructing those works, which are subject to supervision. Such a fee shall be paid to the Responsible Authority prior to the issue of a Statement of Compliance.

8 Fee for checking Engineering Plans

Pursuant to Section 43(2)(a)(iv) of the Subdivision Act 1988 and Clause 9 of the Subdivision (Permit and Certification Fees) Regulations 1989, the prescribed maximum fee for checking engineering plans shall be 0.75 percent of the estimated cost of constructing the works proposed on the engineering plan. Such a fee shall be paid to the Responsible Authority prior to the issue of a Statement of Compliance.

9 Vehicle Access

Vehicle access to the proposed development shall be constructed at an approved location, having regard to amongst other matters the location of native vegetation, to the satisfaction of the Responsible Authority.

The works shall include the installation of an appropriately designed reinforced concrete pipe and end-walls, covered by a 100mm compacted layer of fine crushed rock extending from the road pavement to the property boundary.

All works shall be completed to the satisfaction of the Responsible Authority prior to the issue of a Statement of Compliance.

Note: The construction or altering of a vehicle crossing, footpath and/or any other works or alterations within a road reserve or any other Council asset may require either a Crossover Permit (which includes a driveway and new crossover), a Road Opening Permit (ie. opening up a road for installation of infrastructure), Temporary Crossing Permit (ie. providing for temporary site access) or other approval to be obtained from the City of Ballarat. This Planning Permit does not constitute such approval. Failure to obtain an appropriate permit or damaging Council infrastructure, including footpaths, kerbs, drains, street trees, nature strips etc or failing to remove redundant crossings and reinstate the kerb, drain, footpath, nature strip or other part of the road is a breach of the Ballarat City Council Community Local Laws (10 Penalty Units). For further information, please contact Council's Asset Protection Officer in relation to Road Opening or Temporary Crossing permits and Council's Infrastructure Planning & Development Unit via Council's Customer Service Officers and the Arborist relating to Street trees.

10 Filling of Lots

If lots within the development are to be filled, details of the filling must be shown on the road and drainage construction plans.

Details to be shown include:

•

Existing natural features

•

Existing improvements

•

Natural and finished surface levels

Once approved the filling operation shall be undertaken in accordance with the plan in the following way.

1 Prior to the commencement of filling commencing on any particular area of the site, topsoil shall be stripped and stockpiled on the site. Topsoil is not to be removed from the site but stored to be used and spread over the site on the completion of the filling operation, with additional soil if needed, to a depth of 100 millimetres.

2. The land shall be shaped so as not to concentrate water onto adjoining land.

3. Only clean inert filling shall be deposited on the site.

4. No material shall be stored or dumped on any area not approved for filling or stockpiling.

5. No damage shall be caused to kerb and channel, road pavement, nature-strips, drainage infrastructure or any other Council asset due to the filling operation. If any damage is caused, the damage shall be repaired immediately to the satisfaction of the Responsible Authority.

6. Deposited material shall be shaped in accordance with the approved detailed plan or as directed by the Responsible Authority.

7. Any land proposed to be further developed by the construction of buildings, roadways or drainage lines shall be compacted to 95% Modified (In accordance with Australian Standard 1289.5-2.1). Test results shall be submitted to the Responsible Authority.

8. Appropriate dust suppression measures shall be implemented to ensure that a nuisance is not caused to adjoining landowners or the general public to the satisfaction of the Responsible Authority.

9. If the filling is not completed in accordance with the approved plan, an as constructed plan, showing natural and finished surface levels, shall be submitted to the Responsible Authority.

All works required to comply with this condition shall be completed to the satisfaction of the Responsible Authority prior to the issue of Statement of Compliance.

11 Street Lighting

A street lighting proposal for the proposed development shall be prepared by a suitably qualified and experienced person generally in accordance the appropriate sections of AS1158, having regard to the classification of the road, and submitted to the Responsible Authority for approval.

Once approved all works detailed on the plans shall be installed to the satisfaction of the Responsible Authority prior to the issue of a Statement of Compliance.

Street lighting is required in Gracefield Road, Gracefield Drive, and Cypress Road.

12 Naturestrips (Sub/d)

The naturestrip fronting the development shall be constructed in accordance with levels and specifications submitted to and approved by the Responsible Authority.

The works shall include -

2. Topdressing the area with a 75 millimetre rolled depth of good quality loamy topsoil free of any weed or seed.

All works shall be completed to the satisfaction of the Responsible Authority prior to the issue of a Statement of Compliance.

13 Submission of Plans/Road works Condition

Three sets of civil plans, designs, computations and specifications shall be submitted to the Responsible Authority for approval prior to works commencing on the site. All works shall be completed in accordance with the approved plans, design, computations and specification to the satisfaction of the Responsible Authority, prior to the issue of a Statement of Compliance.

At the completion of the works one set of 'as constructed' civil plans shall be submitted to the Responsible Authority.

The works to be completed include:

- placement of asphalt wearing course / prime and seal wearing course

Pavement widening in Gracefield Road, construction of Gracefield Drive, Cypress Road (from Gracefield Drive to Gracefield Road and Site Distance improvements as detailed in "Traffic Impact Assessment, Residential Subdivision, Gracefield Road, Brown Hill" Driscoll Engineering Services - April 2006, including reinstatement of existing driveways to residences). The Gracefield Road widening shall have an asphalt wearing course and other works to have a prime and seal wearing course. Gracefield Road is to be widened to 6.5 sealed width and Gracefield Drive and Cypress Road shall be constructed to a 5.5 metre sealed width.

14 Services connection and vegetation disturbance

The installation of all services shall be undertaken so as to minimise the disturbance of site vegetation. Details of the route of services and location of site vegetation shall be provided to the satisfaction of the responsible authority for approval by the responsible authority prior to the commencement of site works. Note: A permit may be required to remove native vegetation.

15 Public Open Space Monetary Contribution

A contribution of an amount equal to 5% of the current site value shall be paid to Council pursuant to Section 18 of the Subdivision Act 1988 prior to the issue of the Statement of Compliance. If the land is subdivided in stages, the contribution may be paid proportionally to the area of the lots being created.

16 Central Highlands Region Water Authority

(a)

Any plan lodged for certification will be referred to the Central Highlands Region Water Authority pursuant to Section 8(1)(a) of the Subdivision Act.

(b)

Reticulated sewerage facilities must be provided to each lot by the owner of the land (or applicant, in anticipation of becoming the owner) to the satisfaction of the Central Highlands Region Water Authority. This will include the construction of works and the payment of major works contributions by the applicant.

(c)

A reticulated water supply must be provided to each lot by the owner of the land (or applicant, in anticipation of becoming the owner) to the satisfaction of the Central Highlands Region Water Authority. This will include the construction of works and the payment of major works contributions by the applicant.

(d)

The owner will provide easements to the satisfaction of the Central Highlands Region Water Authority, which will include easements for pipelines or ancillary purposes in favour of the Central Highlands Region Water Authority, over all existing and proposed sewerage facilities within the proposal.

(e)

If the land is developed in stages, the above conditions will apply to any subsequent stage of the subdivision.

(a)

The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act.

(b)

The applicant shall:

-

Provide an electricity supply to all lots in the subdivision in accordance with Powercor's requirements and standards. (A payment to cover the cost of such work will be required.) In the event that a supply is not provided the applicant shall provide a written undertaking to Powercor Australia Ltd that prospective purchasers will be so informed.

-

Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. You shall arrange compliance through a Registered Electrical Contractor.

-

Set aside on the plan of subdivision for the use of Powercor Australia Ltd reserves and/or easements satisfactory to Powercor Australia Ltd where any electric substation (other than a pole mounted type) is required to service the subdivision.

Alternatively, at the discretion of Powercor Australia Ltd a lease(s) of the site(s) and for easements for associated powerlines, cables and access ways shall be provided. Such a lease shall be for a period of 30 years at a nominal rental with a right to extend the lease for a further 30 years. Powercor Australia Ltd will register such leases on the title by way of a caveat prior to the registration of the plan of subdivision.

- Provide easements satisfactory to Powercor Australia Ltd, where easements have not been otherwise provided, for all existing Powercor Australia Ltd electric lines on the land and for any new powerlines required to service the lots and adjoining land, save for lines located, or to be located, on public roads set out on the plan. These easements shall be for the purpose of "Power Line" in favour of Powercor Australia Ltd.

- Obtain for the use of Powercor Australia Ltd any other easement external to the subdivision required to service the lots.

- Adjust the position of any existing easement(s) for powerlines to accord with the position of the line(s) as determined by survey.

- Obtain Powercor Australia Ltd's approval for lot boundaries within any area affected by an easement for a powerline and for the construction of any works in such an area.

- Provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments which have been required.

(a)

That the applicant enter into an agreement with Telstra or other licensed telecommunications carrier for the satisfactory provision of telephone cable reticulation to extend (1) one metre into each allotment created. Refer www.telstrasmartcommunity.com to Register Your Development.

(b)

That the applicant pay to Telstra, the reasonable cost of any works necessary, as a result of the subdivision, to remove, or alter the position of any existing facility on the subdivision, or any adjacent land of Government Road, pursuant to Clause 53 of Schedule 3 of the Telecommunications Act 1997. Refer - Dial Before you Dig process - Ph: 1100.

(c)

That the plan of subdivision submitted for certification be referred to Telstra or other licensed telecommunications carrier, whichever is appropriate, in accordance with Section 8 of the Subdivision Act 1988.

(d)

Set aside on the plan of subdivision, reserve/s satisfactory to Telstra, for Telecommunications substation/s if required.

1.1 Before the development commences, amended plans to the satisfaction of CFA must be submitted for approval by CFA and the responsible authority. When approved, the plans will be endorsed and then form part of the permit. The plans must be drawn to scale with dimensions. The plans must be generally in accordance with the plans submitted with the application but modified to show:

•

Operable hydrants, above or below ground. Hydrants must be shown with a maximum distance between a hydrant and the rear of the building envelope (or in the absence of the building envelope, the rear of a lot of 120m and hydrants must be no more than 200m apart.

•

Constructed roads with a minimum trafficable width of 7.3m if parking unrestricted, or 5.4m if parking prohibited on one side of road or 3.5m if parking prohibited on both sides of road.

•

Constructed roads more than 60m in length from the nearest intersection must have a turning circle with a minimum radius of 8m (including roll-over kerbs if they are provided) T or Y heads of dimensions specified by the CFA may be used as alternatives.

20 Country Fire Authority

Hydrants

(a)

Operable hydrants, above or below ground must be provided to the satisfaction of CFA.

(b)

The maximum distance between these hydrants and the rear of all building envelopes (or in the absence of the building envelope, the rear of all lots) must be 120m and hydrants must be no more than 200m apart.

(c)

Hydrants must be identified as specified in 'Identification of Street Hydrants for Firefighting purposes' available under publications on the Country Fire Authority web site (www.cfa.vic.gov.au)

(d)

Roads must be constructed to a standard so that they are accessible in all weather conditions and capable of accommodating a vehicle of 15 tonnes for the trafficable road width.

(e)

The average grade must be no more than 1 in 7 (14.4%) (8.1 degrees) with a maximum of no more than 1 in 5 (20%) (11.3 degrees) for no more than 50 metres. Dips must have no more than a 1 in 8 (12%) (7.1 degree) entry and exit.

1 Easements in favour of SP AUSNET (Gas) must be created on the plan to the satisfaction of SP AusNet (Gas).

2 The plan of subdivision submitted for certification must be referred to SP AusNet Networks (Gas) in accordance with Section 8 of the Subdivision Act 1988.

22 Section 173 Agreement

Prior to the issuance of Statement of Compliance the owner shall enter into an Agreement with the Responsible Authority pursuant to the provisions of Section 173 of the Planning & Environment Act 1987 in which it shall be covenanted that:

(i)

only one dwelling can be built on each lot.

(ii)

The lots, created by this subdivision, may not be further subdivided so as to increase the number of lots.

The owner must arrange for the preparation of the 173 Agreement at his/her cost and subject to the approval of the Responsible Authority.

The Agreement must be registered immediately on the titles for the newly created lots at the cost and instigation of the owner once the Statement of Compliance has been issued for the subdivision.

The owner must provide evidence of registration of the Agreement to the Responsible Authority as soon as possible after registration has occurred.

B. The Applicant for Review/Objector Mrs B Black is directed to file with the Tribunal and serve on the other parties, not later than Thursday 2 November 2006, a written submission in response to the Application for Costs by Mr Jewell on behalf of the Respondent/Permit Applicant.

Mr J Jewell, Consultant Planner of Jewell Partnership Pty Ltd

1 This was an application under Section 82 of the Planning and Environment Act 1987 ("the Act") brought by the Objectors for review of a decision by the Ballarat City Council ("the Responsible Authority") to grant a permit in Application No. PLP 2005/901 for subdivision of the land at 32 Gracefield Drive Brown Hill into 40 lots.

2 The Application for Review was a joint application with 37 names appended. The first named applicant, Mr Brian Green, was the spokesman for this group.

3 The permit application was for 48 lots. The Responsible Authority issued a Notice of Decision to Grant a Permit, dated 13 July 2006. The conditions included a reduced lot yield of 40 lots. The Application for Review was lodged with the Tribunal on 30 July 2006.

4 We were told that some or all of the Applicants for Review/Objectors and representatives of the Respondent/Permit Applicant had a number of meetings. A revised plan providing for 20 lots was prepared as were revised conditions. There was a meeting at the Ballarat City Offices on 13 October 2006 which was attended by the relevant Council Officer, some of the Applicants for Review/Objectors and representatives of the Respondent/Permit Applicant. We were told that some modifications were made to the draft conditions that had been prepared. Mr Jewell, for the Respondent/Permit Applicant, submitted that all the parties at the meeting, including Mrs Black, indicated that they would write to the Tribunal seeking a Consent Order based on the revised plan and the agreed conditions.

5 All parties, except for Mrs Black, advised the Tribunal accordingly.

6 Mrs Black, by letter dated 21 October 2006 to the Tribunal, advised that she had not reached agreement with any of the parties and did not seek a Consent Order.

7 The matter proceeded to hearing before us on Thursday 26 October 2006. We heard each of the parties with respect to the Application for Review.

8 Mrs Black submitted that she did attend the meeting on 13 October 2006 and argued with respect to conditions and did not agree of what had been suggested.

9 Mrs Black expressed concern about lack of provision of native vegetation, provisions for public open space and drainage. She was also concerned that the revised plan and the revised conditions would not include a requirement for provision of footpaths and kerb and channel.

10 We consider that the issues of native vegetation, public open space and drainage have been addressed in the revised conditions to the extent that can lawfully be addressed. Footpaths and kerb and channel are not necessary for the 20 lot subdivision now proposed. If footpaths and kerb and channel were to be provided one would expect that the impact on native vegetation would be greater. We also note that Condition 20 in the revised conditions, which requires an agreement under Section 173 of the Act, would provide that there be only one dwelling on each lot and the lots could not be further subdivided so as to increase the number of lots. This is a further protection.

11 The revised plan is for a subdivision into 20 lots. This is far more modest than the proposal in the permit application which was for subdivision into 48 lots, and the Notice of Decision to Grant a Permit, which would have allowed a subdivision into 40 lots.

12 We will grant a permit for subdivision into 20 lots in accordance with the revised plans and the revised conditions and direct that the permit be issued.

13 Mr Jewell made Application for Costs. He submitted in support of this application that Mrs Black had failed to communicate how she wished to proceed in this matter and what her concerns were. He submitted that Mrs Black did not raise her concerns at their meeting on 13 October 2006 and in fact failed to raise them until this week. He submitted that the conduct of Mrs Black in this matter was vexatious, she was not directly affected by the proposal, and does not have occasion to pass the subject land. The quantum of the Application for Costs was $3600.00 including GST, and was for 20 hours of work. It did not include any work prior to the Tuesday prior to the hearing, and was confined to the costs of the submission and attendance at the hearing.

14 We gave Mrs Black the opportunity to respond to the application orally or in writing. Mrs Black elected to respond with a written submission. We will direct that this written submission be filed with the Tribunal and served on the other parties not later than Thursday 2 November 2006. We will reserve costs.