SUBJECT LAND Lots 1 and 2 Kallista-Emerald Road

Application for Review No. P7061/2002 - Refusal Review

APPLICANT FOR REVIEW/PERMIT Leon Stephen Hanzalik

RESPONSIBLE AUTHORITY Yarra Ranges Shire Council

RESPONDENTSIOBJECTORS Ms Margaret Rouse and Others

SUBJECT LAND 46 Kallista-Emerald Road, The Patch,

[2003] VCAT 2030

Application for Review No. P2831/2000 Enforcement

Lots 1 and 2 Kallista-Emerald Road, The Patch, Kallista, (being Lot 2 and part Lot 1 LP 9170 Certificate of Title Volume 6790 Folio 852, and part of CA 30 Section H. Parish of Monbulk and also known as 46 Kallista-Emerald Road).

The carrying out of excavation and earthworks and the removal of remnant native vegetation without planning permission.

1. Prior to 1 October 2003 the respondents, Kuro Wagyu Pty Ltd and Leon Stephen Hanzalik, must complete the following works to stabilise the site as an interim measure in accordance with the design and plans certified by D. Lopes, Geotechnical Engineer/Geologist, or certified by a qualified Geotechnical Engineer/Geologist.

2. Prior to 1 October 2003 the respondents, Kuro Wagyu Pty Ltd and Leon Stephen Hanzalik, must construct a driveway, to enable compliance with the above order, with compacted fill, cut and effective drainage and pavement from an access point at the end of Dalmonte Grove to the existing cut bench on the site and must remove and stockpile such amount of the existing fill as is necessary to enable such construction.

3. The works referred to in orders 1 and 2 above are:

(a) Concrete poured piers at the lower side of the bench in the location shown on the F L Johnston Plan, revised by A Zaks on 13 May 2003, as detailed in the Black Report No. 96037-3R, dated 6 March 2001, to specifications as shown in the Greg Schofield and Associates Computations, Job No. 1167, all adopted by the D Lopes report of 15 July 2003 and certified by D Lopes by Form 13 of the Building Regulations 1994 on 15 July 2003.

(b) A driveway (omitting the 200mm thick reinforced concrete brushed rough surface) to enable compliance with the above stabilisation order in accordance with the following plans:

(i) house Bench and Access Road plan revised 20/6/03;

(ii) proposed location of Access Road plan by F L Johnston with drainage added, Rev 7/2/03;

(iii) long section of Access Road by F L Johnston, and

(iv) typical section of Access Driveway and calculations by A Zacks (2 sheets);

(v) any amendment to these designs by D. Lopes, Geotechnical Engineer/

Geologist, or other qualified Geotechnical Engineer/Geologist, and by

4. Prior to 1 October 2003 all works as described in the above orders to stabilise the site

must be certified by a qualified Geotechnical Engineer/Geologist to have been

completed to his/her satisfaction and such certification must be hand delivered to the

Responsible Authority prior to the expiration date for compliance with this order.

(a) serve a copy of this enforcement order personally or by post on Kuro Wagyu Pty Ltd

and Leon Stephen Hanzalik in accordance with the Victorian Civil and Administrative

(b) advise the affected persons named in the Tribunal's file of the making of this order.

PLANNING AND ENVIRONMENT LIST PLANNING AND ENVIRONMENT LIST