1. Prior to the commencement of works, an "Asset Protection Permit" must be obtained from Council for any of the following circumstances:
   • (a) Entering a building site by means of a motor vehicle having a gross weight exceeding two tonnes.
   • (b) Occupying a road for works.
   • (c) Connecting any land to a stormwater drain.
   • (d) Opening, altering or repairing a road.
   • (e) Opening, altering or repairing a drain.
   • (f) Accessing a building site from a point other than a crossover.
2. Prior to the commencement of works, Engineering Plans must be submitted to and approved by Responsible Authority including payment of plan checking and supervision fees. The plans must include:
   • (a) All necessary computations and supporting design documentation for any structure, civil and drainage infrastructure and geotechnical investigation report.
   • (b) Details of any cut and fill earthworks including retaining walls.
   • (c) Details for a new accessway, including waterway crossings, extending from Sheedy Road to each lot. The accessway must consist of a drained all-weather surface with a minimum carriageway width, passing and turn around areas as required by the Country Fire Authority.
   • (d) Provision for all services and conduits (underground) including alignments and offsets.
   • (e) Survey details of the canopy trunk location and size of trees to be retained and associated tree protection zone.
   • (f) Permanent survey marks, levelled to the Australian Height Datum and coordinated to the Australian Map Grid.
3. Prior to the issue of a Statement of Compliance, all works shown on the approved Engineering Plans must be constructed or carried out all to the satisfaction of the Responsible Authority.
4. Prior to the issue of a Statement of Compliance, the following 'as-constructed' documentation for road, drainage and public open space assets must be submitted to and approved by the Responsible Authority:
   • (a) As-constructed drawings in hardcopy A3 format that include all alterations made during construction.
   • (b) As-constructed drawings in AutoCAD (2000) and Acrobat PDF formats that include all alterations made during construction.
   • (c) Asset information in digital format and in the form of a schedule of quantities.
5. The subdivision is to be constructed in accordance with Macedon Ranges Shire Council's Policy Engineering Requirements for Infrastructure Construction (June 2010).
6. No polluted and/or sediment laden run-off is to be discharged directly or indirectly into drains or watercourses. Soil erosion control measures must be employed throughout the development works in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991) to the satisfaction of the Responsible Authority.

1. Prior to Certification, the plan of Subdivision must be amended to include a twenty (20) metre wide easement measured on both sides of the top the bank of Gisborne creek in favour of Melbourne Water for the purpose of wetland, floodway, drainage and stormwater quality management.
2. Prior to Certification, the access through Greenvale Road Reserve and the proposed waterway crossing must be approved and completed to the satisfaction of Melbourne Water and Council.
3. Any development including building envelopes and access tracks must be setback a minimum of twenty (20) metres from the top of the bank of Gisborne Peak Creek.
4. The new Lots 2 and 3 being created must have no access via the existing unapproved waterway crossing.
5. Prior to Certification, a restriction on the Plan of Subdivision is to be created notifying future property owners of the following development requirements:
   • (a) a) The finished floor level of any dwelling on Lots 2 and 3 is to be constructed no lower than 600mm above the applicable flood level.
   • (b) b) Imported fill must be kept to a minimum on the property and only be used for the sub floor areas of any proposed dwellings, garages and driveway ramps.
6. A separate application shall be made directly to Melbourne Water for any new or modified waterway crossing.
7. Prior to Statement of Compliance a separate application shall be made and be approved by Melbourne Water for the existing unapproved waterway crossing within Lot 1.
8. Prior to Certification, all waterway crossings including but not limited to those internal to the lots and on the government road reserve must be approved and completed to the satisfaction of Melbourne Water and Council.
9. Prior to the issue of a Statement of Compliance, Melbourne Water requires evidence of the location of the stormwater connection (legal point of discharge). If a new stormwater connection is required, a separate application must be made and accepted to Melbourne Water.
10. Prior to Certification, the Plan of Subdivision must be referred to Melbourne Water, in accordance with Section 8 of the Subdivision Act 1988.

1. This permit will expire if one or more of the following circumstances apply:
   • (a) The plan of subdivision is not certified within two years of the date of this permit.
   • (b) The registration of the subdivision is not completed within five years of the date of the certification of the plan of subdivision.
2. 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 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. All written or tabled materials have been retained on the Tribunal's file.

[2] Clause 32.03-3 with no other minimum lot size being specified in the schedule that applies to this land.

[5] At [5.4.5] of the Council's written submissions.

[6] Drawn from policies in clauses 21.03-2, 21.04, 21.05-2 and 21.06-4.

[8] Specifically, section 4(2)(f) of the P&E Act.

[9] Murphy v Macedon Ranges SC [2018] VCAT 840.