To reduce the number of car parking spaces required under clause 52.06-5.

1. Prior to works commencing, amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and must be generally in accordance with the VCAT substituted plans but modified to show:

(a) Initiatives contained within the Sustainability Management Plan (SMP) report along with the proposed changes, including:

1. The plans are to note the minimum photovoltaic (PV) system capacity in kW to be installed to each warehouse roof area in accordance with the SMP, indicative rooftop areas designated for photovoltaic installation are to be detailed.
2. Roof lights covering 10% of the warehouse floor area to be drawn on the plans.

1. All references to Signage removed from the plans.

(a) A landscape plan in accordance with Condition 7.

(b) Additional trees within the car parking areas associated with Warehouses 2A.1, 2A.2, 2B.1, 4A.1 and 4A.4.

1. The provision of a new footpath along Heales Road.

1. Unless otherwise approved in writing by the responsible authority, prior to the commencement of works or submission of any Functional Layout Plan, a Site Stormwater Management Strategy ('SSMS') for the overall development must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The SSMS must contain (but not be limited to) the following:

(a) Demonstrate how runoff from the subdivision will be achieving objectives for environmental management of stormwater as set out in the 'Urban Stormwater Best Practice Environmental Management Guidelines (CSIRO) 1999'.

(b) Provide details of the Water Sensitive Urban Design (WSUD) treatment in accordance with the City's standards

1. Infrastructure Design Manual (Local Government Infrastructure Design Association)
2. Design Note 2: Stormwater Detention Storage Design (City of Greater Geelong)
3. Design Note 3: MUSIC - Modelling Approach and Parameters for use within the City of Greater Geelong (City of Greater Geelong)
4. Constructed Wetland Design Manual (Melbourne Water)

(c) Details of the management of internal and external flows during and after the construction period.

(d) Details of how floodwaters will be conveyed with no adverse downstream impact;

1. Analysis of existing four lot subdivision and proposed multi lot subdivision to demonstrate that further subdivision does not adversely affect adjoining properties, upstream drainage network, or the Elcho Basin.
2. Analysis which compares existing subdivision and proposed subdivision's stormwater detention requirements and demonstrates that existing Elcho Basin has sufficient capacity to accommodate the additional flows.

1. Mapping of the catchment area and stormwater infrastructure to the downstream stormwater system.
2. That site stormwater runoff is to be limited to the capacity of the downstream drainage network.

1. The use and development as shown on the endorsed plans must not be altered without the written consent of the responsible authority.
2. The layout and site dimensions of the proposed subdivision as shown on the endorsed plan(s) shall not be altered or modified without the written consent of the responsible authority. There are no requirements to alter or modify the endorsed plan if a plan is certified under the provisions of the Subdivision Act 1988 (Vic) that is generally in accordance with the endorsed plans.
3. All works must be undertaken in accordance with the endorsed SMP report, plans, and stormwater management strategy to the satisfaction of the responsible authority. No alterations to these plans may occur without the written consent of the responsible authority.

1. Prior to the occupation of the development, a report from a suitably qualified person or company, must be submitted to the responsible authority. The report must be to the satisfaction of the responsible authority and must confirm all measures specified in the SMP have been implemented in accordance with the approved Plan.

1. Prior to the commencement of works a detailed Landscape Plan must be submitted to and approved by the Responsible Authority. The Landscape Plan must be prepared by a person suitably qualified in landscape design and must adhere to the City of Greater Geelong Landscape Standards Manual. The Landscape Plan must be generally in accordance with the plan prepared by Davidson Design Group (Revision A Sheet 1 and 2) dated 10 December 2024 and detail;

(a) The name of project and the Planning Permit Number

(b) Scale and dimensions

(c) The layout of proposed new planting (where applicable) in all road reserves and traffic management devices (e.g. medians, islands, and roundabouts)

(d) Details of all other infrastructure within the reserve (e.g. underground services, street lights, stormwater pits, fire plugs etc.)

(e) Pedestrian linkages inclusive of proposed landscape treatments

(f) Proposed treatments within street closures.

(g) Buffer zones (i.e. rural interfaces and main roads).

(h) A detailed planting schedule of all proposed trees and plants including botanical names, common names, pot sizes, sizes at maturity and quantities for each species.

1. All proposed groundcover and shrub planting with a minimum container size of 150mm and must not exceed 400 mm in height at maturity.

(a) The maintenance schedule for all proposed planting.

(b) Details of fencing information.

(c) Location of any lighting within the car parking areas.

(d) Additional trees within the car parking areas associated with Warehouses 2A.1, 2A.2, 2B.1, 4A.1 and 4A.4.

1. Prior to the commencement of the development, advice must be obtained from a suitably qualified fire safety engineer on warehouse design and emergency response resulting from potential fire and / or black impact from the Viva Energy Lara Major Hazard Facility (MHF) in respect of Lots 3A, 3B and 4A.
2. Prior to the occupation of each warehouse on Lots 3A, 3B and 4A an Emergency Response Plan must be developed to ensure that persons present in that warehouse are able to safely respond to potential incidents at the nearby MHF. Each warehouse Emergency Response Plan must be provided to the relevant fire authority and the Bicia Energy Lara Major Hazard Facility (MHF).
3. No Dangerous Goods in greater than Fire Protection Quantities as per Schedule 2 of the Dangerous Goods (Storage & Handling) Regulations 2022 shall be stored on that part of the land within the Inner Safety Zone of the MHF without the further written consent of the responsible authority.
4. Prior to the commencement of the development, the applicant must seek written advice from Fire Rescue Victoria on all plans for emergency services access and fire safety water installations.

1. Prior to the occupation of the development for each stage, the developer must construct the car park including accessways, surface with an all-weather sealed coat and linemark the car park, loading bays and accessways in accordance with the endorsed plans to the satisfaction of the responsible authority.

1. Any external lighting must be designed, baffled and located so as to prevent any adverse effect on adjoining landowners or occupiers, to the satisfaction of the responsible authority.

1. Prior to the occupation of the development for each stage, the landscaping works as shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority.

The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority.

1. All buildings and works must be maintained in good order and appearance to the satisfaction of the responsible authority.

1. The amenity of the area must not be detrimentally affected by the use or development through the:

(a) Transport of materials, goods or commodities to or from the land;

(b) Appearance of any building, works or materials;

(c) Emission of noise, artificial light, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil;

(d) Presence of vermin;

1. Unless otherwise approved in writing by the responsible authority the warehouses as shown on the endorsed plan must not be used for any purpose:

(a) Listed in the table to Clause 53.10 of the Greater Geelong Planning Scheme with no threshold distance specified.

(b) Listed in the table to Clause 53.10 of the Greater Geelong Planning Scheme if the threshold distance specified in Clause 53.10 is not met.

1. All external walls on or facing property boundaries must be cleaned and finished to the satisfaction of the responsible authority.

1. Prior to the occupation of the development/issue of statement of compliance, for each relevant stage, the developer must:

(a) Construct the site stormwater system including separate connection for each lot into the existing legal point of discharge, or other nominated point/s as approved by the responsible authority. The stormwater connection must be in accordance with City of Greater Geelong Standard Drawings.

(b) Construct vehicular crossings in accordance with the requirements and standards of the City of Greater Geelong.

(c) Remove any redundant vehicular crossings with kerb and channel and the footpath/nature strip area reinstated to match existing construction in the street.

all to the satisfaction of the responsible authority.

1. The Plan of Subdivision submitted for certification must include a splay for road purposes at the intersection of Kinetic Court and Heales Road to the satisfaction of the responsible authority.

1. The Plan of Subdivision submitted for certification for each stage must include all easements deemed necessary to protect existing or future drainage lines within the subject site, and any easements required between the subject site and the nominated legal point of discharge must be created to the satisfaction of the responsible authority.
2. Prior to certification of each relevant stage of the Plan of Subdivision, drainage and carriageway easements in favour of the City of Greater Geelong must be created (as appropriate) on the Plan on Subdivision to the satisfaction of the responsible authority.

1. Unless otherwise approved by the responsible authority and prior to the Commencement of the Development / Issuing of Statement of Compliance, the land owner must enter an agreement with the responsible authority pursuant to Section 173 of the Planning and Environment Act 1987. All costs associated with setting up the agreement must be borne by the land owner. The agreement is to be registered on title and run with the land, and must provide to the satisfaction of the responsible authority that:

(a) All storm water runoff is to be collected on site and discharged to the legal point of discharge using a pump system or as otherwise nominated by the responsible authority. The pump system is to be designed and constructed in accordance with Australian Standard 3500 Part 3.2 Section 9.

1. In the event of any operational difficulties with the pump system, it is the responsibility of the land owner to rectify these difficulties.

(a) Any pump system is to be replaced by gravity discharge if and when available, and if directed by the responsible authority, at the land owner's full cost.

(b) Provision is made (if appropriate) in any subdivision for Owners Corporation drainage works, and access to those drainage works to be on common property or within an easement in favour of the Owners Corporation.

Note: Where the legal point of discharge is kerb and channel, discharge velocity at the kerb must be no greater than 1.5 m/s with a maximum discharge flow rate of 10 l/s and the outlet directed at an angle of 45o to the direction of flow in the kerb and channel.

1. Unless otherwise approved in writing by the responsible authority, prior to the commencement of works for each relevant stage of the subdivision, a detailed Functional Layout Plan for that stage of the subdivision is to be submitted to and Endorsed by the responsible authority. The plan is also to include locations of future bus stops, all Local Area Traffic Management items along with maintenance vehicle access points, maintenance vehicle access tracks, tree protection measures, footpaths and utility installations on or adjacent to public reserves, all to the satisfaction of the responsible authority.

1. Prior to the commencement of works for each relevant stage of the subdivision, detailed Engineer designed roadworks and drainage construction plans must be submitted to and approved by the responsible authority. The plans are to be in accordance with the design standards of the City of Greater Geelong and the Infrastructure Design Manual, with no adverse external impacts, to achieve an acceptable standard of aesthetics (including landscaping) which can be maintained in perpetuity, to the satisfaction of the responsible authority.
2. The construction plans will not be considered until:

(a) The functional layout plan(s) for the relevant stage has been approved by the responsible authority;

(b) The plan of subdivision has been lodged for certification with the responsible authority;

(c) The locations of other authorities' services have been provided to the satisfaction of the responsible authority; and

(d) They are submitted with the completed Design Engineers Checklist - Request for Detailed Design Approval

1. The construction plans must show all items defined in the checklist inclusive of the following except where not applicable:

(a) All necessary computations and supporting documentation, including structural Certification for any structure, traffic data, road safety audit, stormwater treatment (MUSIC) modelling and geotechnical investigation report.

(b) All details of works consistent with the approved functional layout plan, submitted landscape plan and lodged plan of subdivision, including agreed location of services.

(c) Design for full construction of streets and underground drainage, including measures to control/capture pollutants and silt.

(d) Provisions for all services and conduits (underground), including alignments and offsets, on a separate services layout plan.

1. Provisions of standard public lighting and underground electricity supply within all streets.

(a) Traffic control measures.

(b) Provision of street name plates to the Council standard design including a schedule of individual signs and associated street numbers.

(c) Provision of concrete footpaths in all streets and reserves.

(d) Provision of underground easement drains of sufficient capacity to serve all lots being created to a legal point of discharge and the provision of an inlet on each such lot.

(e) The location of maintenance vehicle access to reserves and provision of vehicle exclusion mechanisms abutting reserves.

(f) Details of proposed treatment and provision for lot boundary fencing adjoining all reserves other than road reserves.

1. Appropriate mechanisms for protecting environmental and heritage assets during the construction phase of the subdivision Construction Environment Management Plan ('CEMP').

(a) Provision for the utilisation of any surplus top soil from this stage.

(b) Permanent survey markers.

(c) On a separate construction plan sheet if considered necessary by the applicant, provision of conduits, including pits and ancillary works for optical fibre, telecommunications services or any equivalent alternative approved by the responsible authority.

1. On a separate construction plan sheet, Identification of works in kind Items approved by the responsible authority and Bill of quantity/ scope.

(a) Details in relation to all filling on the subject land which must be compacted to specifications approved by the responsible authority.

(b) The relocation underground of all existing aerial services, on the layout plan.

(c) The location of any earthworks (cut or fill) or service provision in a location outside the designated tree protection zone which does not adversely impact on the health and integrity of any trees to be retained.

(d) All revisions to the original submitted construction plans must be documented in the drawings revision schedule and amendments highlighted with a 'cloud'.

1. The design and construction of stormwater drainage connections and any new Council infrastructure must be approved and supervised by the responsible authority. Unless otherwise approved in writing by the responsible authority, prior to the issue of a Statement of Compliance for each relevant stage of the Plan of Subdivision, a fee of 3.25% of the cost of the works must be paid to the responsible authority for the checking and supervision of these works. A maintenance bond of 5% of the cost of the works is to be paid to Council and will be returned after successful completion of a one (1) year maintenance period, all to the satisfaction of the responsible authority.

Environmental Construction Management Plan ('ECMP')

1. Unless otherwise approved in writing by the responsible authority, prior to the commencement of works for each relevant stage of the subdivision, an ECMP shall be submitted to and Endorsed by the responsible authority. When endorsed, all conditions on the ECMP will form part of the permit. The plan must address, but not be limited to, the following:

(a) Hours of works, demolition or construction;

(b) Methods to contain dirt and mud within the site, and the method and frequency of clean up procedures;

(c) On site facilities for vehicle washing;

(d) Methods used with regards to dust suppression which may include but not limited to the following:

1. Water truck to be retained on site at all times;
2. Soil stockpiles to be retained on site must be seeded or provide a treatment to provide a crusted surface;
3. Cease all works on site during high wind incidences;
4. Vehicle/truck movements to be limited to a reduced speed to prevent dust emissions;
5. Dust suppression measures including fencing in locations to existing dwelling;

(e) The protection measures for site features to be retained (e.g. vegetation, retaining walls, buildings, other structures and pathways, etc.);

(f) Delivery and unloading points and expected frequency;

1. A liaison person for contact by residents and the responsible authority in the event of relevant queries or problems experienced;

(a) The movement of construction vehicles to and from the site must be regulated to ensure that no traffic hazards are created in and around the site;

(b) Parking facilities for construction workers;

(c) Measures to minimise the impact of construction vehicles arriving at / departing from the land;

(d) An outline of requests to occupy public footpaths or roads, and anticipated disruptions to local services;

(e) The processes to be adopted for the separation, re-use and recycling of demolition materials;

(f) The measures for prevention of the unintended movement of building waste and hazardous materials and other pollutants on or off the site, whether by air, water or other means;

(g) Any other measures that are consistent with the following Environmental Protection Authority publications: 'Environmental Management Guidelines for Major Construction Sites', 'Construction Techniques for Sediment and Pollution Control' and 'Doing it Right on Subdivisions';

(h) Handling, tracking and testing of all imported fill;

(i) Measures to be taken to ensure that no polluted water and/or sediment laden runoff is to be discharged directly or indirectly into stormwater drains or watercourses during the construction period; and;

(j) Methodology detailing how service vehicles (ie: Council Garbage Trucks) will be catered for during all stages of construction, including the removal of temporary turn around areas; and

1. Any other condition as required by the responsible authority that addresses any other issues i.e. location of earth mound / soil stockpiles, rumble grids, construction of and materials used for all whether access roads up to 30 metres on entry and exit to the site entry.

Once the ECMP has been endorsed by the Responsible Authority under this permit it must be implemented and complied with at all times to the satisfaction of the responsible authority unless with the further written approval of the responsible authority.

1. Unless otherwise agreed in writing, prior to the issue of Statement of Compliance for that stage, the streetscape works shown on the endorsed Detailed Streetscape Plans must be completed to the satisfaction of the responsible authority.
2. Where streetscape works shown on the endorsed Detailed Streetscape Plans are not completed prior to the issue of Statement of Compliance for that stage, the applicant must submit to a cost estimate for all outstanding works for approval by the responsible authority. Once the cost estimates have been approved, a bond or bank guarantees to the value of 125 per cent of the cost of works must be submitted to the responsible authority separately prior to the Statement of Compliance for that stage.
3. Where a bond or bank guarantee has been accepted for incomplete streetscape works, the outstanding works must be completed to the satisfaction of the responsible authority within one year of Statement of Compliance being issued for that stage unless otherwise agreed by the responsible authority.
4. A practical completion inspection is required to satisfy this condition and must be organised by the permit holder with two weeks' notice given. The incomplete works bond will be returned once practical completion has been awarded.

1. All works must be maintained to the satisfaction of the responsible authority for a period of two (2) years from the date of practical completion. During this period, any dead, diseased or damaged plants must be repaired or replaced as required.
2. Where the streetscape works are bonded, the maintenance period will commence from the date that the works are awarded practical completion by the responsible authority.
3. A maintenance bond to the value of 125 per cent of the cost of works must be submitted to the responsible authority prior to practical completion of landscaping works being awarded and will be retained until such time that the works have been accepted by Council for handover.
4. Works that have achieved practical completion will be audited throughout the maintenance period. Works being inappropriately maintained or established will not be accepted and will remain on maintenance until such time that the responsible authority deem it acceptable.
5. A handover inspection is required to satisfy this condition and must be organised by the permit holder with two weeks' notice given. The maintenance bond will be returned on acceptance of handover.

1. The plan of subdivision must be referred to Barwon Water in accordance with the Subdivision Act 1988 (Vic) and any subsequent amendments to the plan provided to Barwon Water.
2. The owner shall create easements for Pipelines or Ancillary Purposes in Favour of Barwon Region Water Corporation over all existing and proposed sewer mains located within the subdivision. The width of these easements shall be determined after design of approved plans.
3. The developer is to apply to Barwon Water for details relating to servicing requirements and costing for the provision of a potable water supply and where applicable, recycled water and/ or sewerage services to the proposal. It would be appreciated if all communication between the developer/agent and Barwon Water quote Barwon Water reference number L021954.
4. The provision and installation of a potable water supply to the development.
5. An additional potable water connection(s) is to be provided to service the proposed development. A dimensioned plan showing location of all new connections relative to the allotment boundaries is to be submitted, where a meter is not being fitted. Note that tappings and service lines are not to be located under existing or proposed driveways. IMPORTANT NOTE - where the existing potable water main is a cracked asbestos water pipe, Barwon Water will undertake the tapping of this pipeline, including excavation and spoil removal. Barwon Water requires your plumber to provide five clear working days notice for this work. Under no circumstances shall anyone excavate within the vicinity of this pipeline.
6. Assessment of this application has shown a potential backflow hazard exists. In line with current regulations the owner is required to employ a suitably qualified person to install an appropriate containment device located at the potable and recycled water meter, at or near the property boundary for the prevention of backflow.
7. Individual potable water supply meters are required for each lot or building as part of water connection works.
8. The payment of a standardised New Customer Contribution is required for any new connection or any upsize to an existing connection. The number of standardised charges applied will be determined on the basis of an equivalent lot calculation and is based on potable domestic water meter size or water service size (where a meter is not being fitted). An equivalent lot is a measure of the additional demand a connection will place on the infrastructure in terms of the water consumption and sewage discharge for an average connection utilising a 20mm tapping and/ or meter. If there is more than one meter within a single meter assembly, the size of the largest meter (excluding the fire service meter) will determine the number of equivalent connections. If there is a combined fire and domestic meter assembly proposed (incorporating a low flow meter), whereby the meter size is largely dictated by the fire service requirements, the developer is required to submit to Barwon Water the proposed peak flow (probable simultaneous demand) associated with the domestic supply in accord with AS/NZS 3500. Barwon Water will then assess the equivalent number of connections.
9. The provision and installation of a sewerage service to the development.
10. Reticulated sewer mains are required. This work must be undertaken by a Barwon Water accredited Consultant and accredited Contractor following the 'Developer Works' process.
11. The provision of a new sewer connection(s) point is required. The sewer connection point is to be constructed by a Barwon Water Accredited Contractor. Where an Owners Corporation is not applicable, a separate sewer connection point is required for each allotment.
12. The replacement of the existing end of line with a maintenance structure and/or the insertion of a maintenance structure for the purpose of providing a sewer house connection is required. These works are to be undertaken by a Barwon Water Accredited Contractor.
13. New or re-aligned internal private sewer drains are required. Upon completion of this work a sewer drainage plan is to be submitted to Barwon Water by a licensed plumber that complies with Victorian Building Authority requirements. Note that if any common drain or drain from another allotment crosses under a proposed dwelling, a 'modification to consent' is to be obtained from the Victorian Building Authority and presented to Barwon Water with the required drainage plan. Where an Owners Corporation is not applicable, individual allotment house connection drains are to be provided for and extend into each allotment.
14. Any existing sewer house connection point that is to be utilised for additional connections or altered to serve the development is to be CCTV inspected by a licensed plumber and the 'CCTV Inspection Form' with the video footage (standard digital format i.e. MP4, AVI) submitted to Barwon Water for their records. The submitted form requires verification from the licensed plumber that the connection point is deemed satisfactory for use. If connection point is no longer required, it is to be decommissioned in accordance with Barwon Water's "Property connection decommissioning process". Details of this process are available on Barwon Water's website under the Properties and Development -> Property Connections section. Also, any existing house connection drain that traverses through the proposed allotments shall be relocated so not to inhibit future development. If the existing sewer house connection point is deemed satisfactory for use by Barwon Water and where branching after the connection point is permitted to service an additional allotment then this work can also be undertaken by a licensed plumber. If the sewer connection point being replaced is greater than 4.0 metres deep, a new sewer manhole is to be constructed with the new property connection point connected to this structure.

The payment of a standardised New Customer Contribution is required for any new sewer connection. This will be calculated based on the potable domestic water meter size or water service size.

1. The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to the Distributor in accordance with Section 8 of that Act.
2. The applicant shall provide an electricity supply to all lots in the subdivision in accordance with the Distributor's requirements and standards.

Notes: Extension, augmentation or rearrangement of the Distributor's electrical assets may be required to make such supplies available, with the cost of such works generally borne by the applicant.

1. The applicant shall ensure that existing and proposed buildings and electrical installations on the subject land are compliant with the Victorian Service and Installation Rules (VSIR).

Notes: Where electrical works are required to achieve VSIR compliance, a registered electrical contractor must be engaged to undertake such works.

1. The applicant shall, when required by the Distributor, set aside areas within the subdivision for the purposes of establishing a substation or substations.

Notes: Areas set aside for substations will be formalised to the Distributor's requirements under one of the following arrangements:

• RESERVES established by the applicant in favour of the Distributor.
• SUBSTATION LEASE at nominal rental for a period of 30 years with rights to extend the lease for a further 30 years.

The Distributor will register such leases on title by way of a caveat prior to the registration of the plan of subdivision.

1. The applicant shall establish easements on the subdivision, for all existing Distributor electric lines where easements have not been otherwise provided on the land and for any new powerlines to service the lots or adjust the positioning existing easements.

• Existing easements may need to be amended to meet the Distributor's requirements
• Easements required by the Distributor shall be specified on the subdivision and show the Purpose,

1. The plan of subdivision submitted for certification must be referred to AusNet Gas Services in accordance with Section 8 of the Subdivision Act 1988.

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

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

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

In accordance with Section 69 of the Planning and Environment Act 1987 (Vic), an application may be submitted to the responsible authority for an extension of the periods referred to in this condition.

1. This permit as it relates to development (subdivision) will expire if one of the following circumstances applies:

(a) The plan of subdivision has not been certified under the Subdivision Act 1988 (Vic) within two (2) years of the issued date of this permit.

(b) A statement of compliance is not issued within five (5) years of the date of certification.

In accordance with Section 69 of the Planning and Environment Act 1987 (Vic), an application may be submitted to the responsible authority for an extension of the periods referred to in this condition.

[1] Section 4(2)(d) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) states a failure to make a decision is deemed to be a decision to refuse to make the decision.

[2] The submissions and evidence 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.

[3] See the decisions in Viva Energy Australia Pty Ltd v Greater Geelong City Council [2022] VCAT 326, and Viva Energy Australia Pty Ltd v City of Greater Geelong Council [2023] VSC 586.

[4] WorkSafe Victoria letter dated 24 March 2025 filed with the Tribunal and all parties to the proceeding.

1. [5] See the decision in Henry Trucking Pty Ltd v Hobsons Bay CC [2023] VCAT 1185 at paragraph 33.

[6] Council submission paragraph 23 and also Clause 17.01-1L-02 of the Scheme.

[8] Major Hazard Facilities Advisory Committee Final Report dated 19 July 2016