As a result of the 22 December 2025 order, the council provided a tabulated response to the changes made in Version J, tabled by the applicant, along with other comments about Version J on 19 January 2026. The applicant then provided its response, by additions to the table, in a reply on 27 January 2026.

We made a further order on 2 February 2026 inviting the applicant to make further minor changes to a proposed new version of the GA1DP that could be substituted as an alternative decision to the deemed refused decision of the council against GA1DP version D.

1. The applicant provided a revised GA1DP Version K on 10 February 2026. We are satisfied by reasons set out in the 3 December 2025 order and 2 February 2026 order that this Version K can be approved as an alternative decision to that deemed to have been made by the council in application P323/2025.
2. Order 1 therefore enacts this finding and approves GA1DP Version K dated 10 February 2026 as the approved development plan for land at 89 Ross Watt Road, Gisborne in accordance with DPO4 provisions of the scheme. Having made this determination, we provide below our final determinations on the approvals of the permit applications for:
   • Subdivision of land, provision of dwellings on lots less than 300 square metres, and vegetation removal in PA2 in proceeding P323/2025, and
   • Use and development of a RV, including removal of native vegetation and putting up of signs, in proceeding P324/2025.

P323/2025 - CONSIDERATION OF THE PA2 SUBDIVISION AND DWELLINGS ON LOTS LESS THAN 300 SQUARE METRES PERMIT

1. We do not recite all of the context and background set out in the 3 December 2025 order but reiterate commentary that:

[177] The council submits it accepts much of what is proposed in the PA2 subdivision application. Its opposition to the subdivision permit application primarily relates to its concerns that the subdivision includes a lot for the RV. It is the future of this lot as an intensified housing area that the council opposes.

1. As set in reasons to our 3 December 2025 order, we are satisfied that the GA1DP can include a lot for use for the proposed RV. The GA1DP as approved in Order 1 provides for an RV in the location of the permit applications for subdivision and the RV itself.
2. More broadly, we find the general concept for subdivision proposed for the PA2 area is acceptable provided plans are updated to accord with the approved GA1DP Version K that relies on what was referred to as Option B in the 3 December 2025 reasons. As was discussed at the October 2025

hearing this can be addressed by permit conditions, and we have done so in Appendix A.

1. In paragraphs 177 to 191 of the 3 December 2025 order we examined issues about the proposed subdivision, vegetation removal and dwelling approvals in application P323/2025. This included consistency with the GA1DP. Consistent with our earlier findings, we find that plans for the subdivision need to be amended to accord with the approved GA1DP Version K that retain trees 25 and 26 wholly within a reserve and tree 23 wholly within a lot, other than for minor overhang into a road reserve. We have addressed this through a condition set out in Appendix A.
2. Issues of bushfire can be addressed through a condition set out in Appendix A that requires defendable space for stages 12 and 15 to be provided wholly within the subject land, for reasons we set out in the 3 December 2025 order. We have also added a requirement to consider the location and species selection of street trees close to the boundary of Southern Rural Water ('SRW') land. This is consistent with our findings at paragraph 222 of reasons to the 3 December 2025 about landscaping for the RV. We consider street tree planting in stages 12 and 15 should also consider the risk from bushfire associated with tree species and planting locations.
3. Consistent with our findings in the 3 December 2025 order we are satisfied the smaller housing lots provide one form of housing for Gisborne. As such they contribute to the diversity of housing choice available across the township. Dwellings on lots less than 300 square metres can be reasonably accommodated and address relevant clause 54 provisions, subject to some changes occurring as set out in conditions agreed between the parties to amend dwelling layouts.
   1. We reiterate comments set out in reasons to our 3 December 2025 order:

[190] In concluding submissions, the council acknowledged that it accepts the recommendations relating to solar access but considered that private and secluded private open space requirements of standard A17 under clause 54 should be met.[5] The applicant submits it understands the specific concerns of the council relate to dwelling designs 'Lacebark 24' and 'Banksia 24'. The applicant submits that these matters, and other clarifications sought by the council can be addressed by condition. The council likewise proposed draft conditions to address these issues of compliance with clause 54.

[191] With additional detail as can be provided in permit conditions, we are satisfied that the proposed dwellings on lots less than 300 square metres can be acceptable. This is

subject to the GA1DP being updated so that such a permit would align with an approved GA1DP.

1. The GA1DP Version K addresses matters set out in previous orders, and we have determined it is approved. With this we are satisfied the permit application, in proceeding P323/2025 is acceptable and a permit can be granted in context of our findings in the 3 December 2025 order and the further information provided. This is subject to various conditions as were discussed at the October 2025 hearing and include matters set out in the quoted paragraphs 190 and 191 above.

What conditions should apply to the permit in P323/2025?

1. At the conclusion of the hearing in October 2025 both the council and the applicant made submissions about draft, without prejudice conditions, circulated by the council prior to the hearing. Various edits were agreed between the parties, and we address outstanding matters below. This is based on our findings of 3 December 2025 that the Option B only plans for subdivision and development should be applied, being the option that addressed bushfire risk fully within the subject land. As such we have amended conditions to only refer to plans that were the subject of Option B.
2. In condition 1(f) we have accepted the recommendations of Ms Horsfield, as was also agreed to by the council, to make a number of amendments to dwelling layouts to accord with clause 54.
3. Condition 2 has been amended and simplified to accord with our findings of the 3 December 2025 order. This is that only Option B, as discussed at the hearing and in our reasons to the 3 December 2025 order, is appropriate to address bushfire risk.
4. We have retained condition 3(e) relating to the completion of the open space reserve hosting tree 48. While this was originally disputed by the applicant, its comments received in marked up changes and comments at the conclusion of the October 2025 hearing accepted it being retained. We find it an appropriate condition to impose to ensure infrastructure is provided in an orderly manner.
5. We have retained what was agreed additional wording to condition 7 to require buildings and works on lots less than 300 square metres to not start until the relevant statement of compliance to the subdivision is completed, however, we have split this into a specific condition, now numbered 8.
6. We have added a requirement into the functional layout plans required in condition 18 to include a footpath connection point to the RV, as set out in a PA2 and RV Pedestrian Interface Concept Plan attached to a letter of the applicant filed on 27 January 2026. This arises from a query of the council in responding to changes we directed to the GA1DP, and the applicant's response filed on 27 January 2026 about the provision of footpaths. The council had queried if a footpath was to be provided to both sides of roads

and if there was to be a direct connection to the RV. The applicant's response was that a footpath could be provided with a connection point to the RV site as detailed in the concept plan. We have therefore referred to this plan in the requirements for functional layout plans in condition 18.

1. We have retained draft condition 18, now numbered 20, as accepted by the applicant in the final comments on conditions circulated at the conclusion of the October 2025 hearing.

1. In draft conditions, condition 19/20[6] required 'Engineering plans'. There is no dispute over the preamble to a list of requirements for these plans that states:

Prior to the commencement of works for each stage of the subdivision, Engineering Plans for the relevant stage of works must be submitted to and approved by the Responsible Authority, including payment of plan checking and supervision fees. The Engineering Plans will not be considered until the Functional Layout Plans for the relevant stage have been approved by the Responsible Authority, landscape plans have been submitted to the Responsible Authority, the plan of subdivision has been lodged for certification with the Responsible Authority, and the locations of other relevant authority services have been provided to the satisfaction of the Responsible Authority. The plans must include:

1. The applicant opposes words we have underlined in the draft condition 21(z) that states:

z) Design and construction of interim and ultimate Retarding Basin/Wetland (located within stage 12) to be delivered prior to the completion of Stage 9 as per Alluvium Stormwater Management Strategy in accordance with the lot triggers in Appendix F (Project Infrastructure Plan) of the approved amended Development Plan. An amended SWMP is required to be provided to cater for 1%AEP overland flows and direct these to the wetlands.

2. Prior to the hearing the applicant filed a memorandum from Jonathon McLean, dated 24 September 2025.[7] This memorandum concludes:

Comments from Melbourne Water and Council have been considered in the preparation of the stormwater management strategy. In my opinion the Stormwater Management Strategy (Alluvium, 8 July 2025) is technically sound and demonstrates that it can meet the standard (ie Standard C25) outlined in Clause 56.07 of the Victorian Planning Provisions.

1. Written submissions of the council did not address this memorandum, however, in discussion of conditions the council maintained that the

underlined words of draft condition 19/20(z) should be retained. A note in mark-up text of the draft conditions, made by the council, states 'wording to be retained. Advice from Council's engineers will be forwarded on to the applicant.'

We were not provided with any advice or statement from the council engineers. The applicant maintains its opposition to the additional words relying on the memorandum of Mr McLean that the existing stormwater management plan prepared is acceptable and does not require a further amended plan to be provided.

We have deleted the words requiring an amended stormwater management plan in what is now condition 21(z). Firstly, we agree with the applicant that the memorandum provided in material in the Tribunal Book addressed the need for a 1% Annual Exceedance Probability ('AEP')[8] overland flow to be directed to wetlands. Regardless of any dispute over this issue, undisputed conditions, now numbered 18, 19 and 20 require a functional layout plan and a detailed functional drainage design to be provided, with the retarding basin to comply with current best practice retarding basin guidelines.

We note that there is no dispute about the wording of condition 18(s) that states:

(s) the functional design of interim and ultimate Retarding Basin/Wetland (within stage 12) as part of Stage 9 as per Alluvium Stormwater Management Strategy.

1. Given the disputed condition (now numbered 21) requires engineering plans that are to accord with the functional design plan in condition 18 as well as a detailed functional drainage design in condition 19, we are satisfied there is sufficient opportunity for the council to review the current design to ensure it meets relevant standards. We also note the council maintains capacity to address drainage as the drainage authority under other legislation.

1. Draft condition 20 (now numbered condition 22) requires certain works to be constructed before specific stages of the development. Part (b) of this draft condition stated:

(b) At Statement of Compliance for the stage associated with 541st subdivision lot, or if the Residential Village use has commenced, prior to the 460th Subdivision lot, Signalisation of Station Road, and Ross Watt Road (interim) and the interim and ultimate sediment basin and wetland retarding basin delivery of the Western Drainage Reserve.

The applicant opposes the inclusion of words underlined above. We have reviewed the Project Infrastructure Plan ('PIP') forming Appendix F to the GA1DP Version I and K. This does not set out a specific requirement for the delivery of the Western Drainage Reserve. The council did not specifically comment on whether it accepted the deletion sought by the applicant in its comments on draft conditions.

We have removed the words on the basis that they do not correlate with a specific requirement of the PIP and the same words are included in draft condition 20 part (c) that were not opposed.

1. The council submits that tree protection plans or subdivision plans should demarcate a loitering distance under trees protected and referred to in building envelopes. We have not included a specific condition for this in the subdivision permit. We are satisfied that condition 33 that requires a tree protection management plan, when read with conditions 14 and 15, provides sufficient consideration for any fencing that may be needed to address loitering. This is noting that condition 15(f) requires a 173 agreement to implement building envelope plans, including consideration of fencing measures to accord with the tree protection management plan.

1. We have also made a number of minor editorial changes to correctly format conditions (such as condition 12 where we have changed what was d) to a statement after a) - c), as per the mandatory gas condition wording. We have removed some elements that we consider are notes only and not a requirement for the permit holder to undertake. For example, we have removed words from draft condition 28 that state:

Please refer to the website for detailed A-Spec Standards: http://www.a- specstandards.com.au/

Statement of Compliance will not be released until such time the drawings are delivered in the correct format to Council.

1. These words do not direct the permit holder to undertake any action or abide by a requirement. They provide information only so are not 'conditions' to be imposed on the permit.
2. This is only a note, not a condition on the permit holder. Similar 'note' commentary has been deleted in what is now condition 37.

P324/2025 - CONSIDERATION OF RV PERMIT APPLICATION

1. We do not recite all of the context and background set out in the 3 December 2025 order but reiterate our findings that:
   • While the council submits the RV is too intense for the land and is not orderly planning if it is developed prior to the Neighbourhood Activity Centre ('NAC') delivery our findings about the GA1DP is that the site

is an acceptable location for an RV. We find no need for it to be 'staged' after the NAC. Nothing in the planning scheme, either in the GRZ1 or DPO4 directs such staging.

We are satisfied that the RV provides an opportunity for an alternative form of housing that diversifies housing opportunities within Gisborne. Provided it addresses its interface to the SRW land in context of potential bushfire hazard, as we find necessary to meet the development plan requirements, we are satisfied that the use is appropriate for this land.

We are satisfied the RV can rely on shared pedestrian and private accessways, for reasons set out in the 3 December 2025 order.

We are satisfied the space for landscaping and car parking is adequate. We have included permit conditions, consistent with our 3 December 2025 order for clubhouse buildings to be located outside of tree protection zones for trees 28 and 29.

1. Subject to some changes to conditions we discuss below we are satisfied a permit in application P324/2025 can be granted.

What conditions should apply to the permit in P324/2025?

1. At the conclusion of the hearing in October 2025 both the council and the applicant made submissions about draft, without prejudice conditions, circulated by the council prior to the hearing for proceeding P324/2025 for the RV. Various edits were agreed between the parties and we address outstanding matters below. This is based on our findings of 3 December 2025 order that the Option B, only plans for subdivision and development should be applied, being the option that addressed bushfire risk fully within the subject land. As such we have amended conditions to only refer to plans that were the subject of Option B.
2. We have added words to condition 2 and 4 to require landscaping to address the specific concern of the council about how landscaping will occur close to the SRW boundary, consistent with findings at paragraph 222 of reasons to the 3 December 2025 order.
3. Council had included as part of draft condition 7, that the use of the RV must be limited to residents aged 55 and over. We agree with the applicant that there is no basis to this requirement. The application is for a residential village, not a retirement village. We understand that it is likely to be marketed to an older demographic but there is nothing in the RV application material, or its location, that requires restriction of occupants to a specific age. We therefore have removed the words proposed by the council to limit use of the RV to people aged 55 and over.
4. We have deleted what was draft condition 12 for a bushfire planning report. This is addressed in condition 2 and no longer includes use of the SRW land for defendable space, based on plan changes required in condition 1.

We have not included a need for a traffic and parking management plan as proposed by the council in draft condition 15. We accept the evidence of Mr Walsh that such a plan is not needed. Car parking conditions (now at condition 14 onward) continue to require car parking to be shown and constructed to a suitable standard. This is in addition to endorsed plans needing to be constructed and maintained to the satisfaction of the responsible authority. This includes any visitor car parking shown on such plans.

We have deleted draft condition 39 that required a site management plan to be provided. This condition relates to subdivision and is not relevant to the RV permit. We note that a permit condition for the subdivision permit in P323/2025 provides for a site management plan with more extensive detail required, that was unopposed by the applicant.

We also note that construction of the RV will need to meet usual requirements for asset management, occupational health and safety, and Environment Protection Authority requirements that sit outside of the planning permit conditions. We find no need for a specific site management plan for the construction of the RV in this context.

We have amended draft condition 40, now condition 46 for engineering plans. We have deleted requirements for footpaths to be provided internally as we accept Mr Walsh's evidence this is not needed. The lower order accessways can be used as shared access spaces. The main entry includes a separated pedestrian accessway. We have also removed a number of other elements of this condition that relate to subdivision and creation of public assets, rather than the RV proposal, which is for development on private land.

We have added a general requirement in what is now condition 46, for plans to detail how pedestrian and vehicle access points will connect to the adjacent public road system. This is to ensure that pedestrian links, such as to stage 12, and both pedestrian and vehicle access links to the main northern entry, align.

We have deleted draft condition 41, that required the RV to not commence until certain infrastructure was completed in accordance with the PIP. There is nothing to substantiate a reason for this condition and we agree with the applicant that it contradicts the requirements for the PIP as set out in the subdivision permit.

1. At the hearing there was some discussion as to how trees 28, 29 and 30 were to be protected now that they form part of the RV area. In the previous GA1DP version D, tree 29 was to be located in a public tree reserve and trees 28 and 30 were to be located on large lots, restricted by building envelops.

In the approved GA1DP version K, trees 28, 29 and 30 are located in the RV lot. In the RV permit proposal trees 28 and 29 are to be located in communal areas close to the clubhouse facility. Tree 30 is to be in a communal open space area of its own.

In addressing conditions, we concur with the council comments that all three trees require protection and consideration to address matters such as loitering distances, as are documented in Appendix A of the GA1DP, that remains unchanged between versions D and K.

We therefore have added condition 3(e)iii). This requires the landscape plan for the RV to consider tree protection measures for the three trees, consistent with an uncontested need for a tree protection management plan, now at condition 39, and the arborist table in Appendix A of the GA1DP version K.

1. For the reasons given above, and having determined GA1DP Version K is approved, we then determine that a permit can be granted in application P323/2025 for the subdivision in PA2 area and a permit granted for the use and development of the RV in application P324/2025.

APPENDIX A - PROCEEDING P323/2025 - PERMIT DESCRIPTION AND CONDITIONS

Construct dwellings on lots less than 300 square metres.

Construct a building or construct or carry out works.

Remove, destroy, or lop native vegetation including dead native vegetation.

1. Before the plan of subdivision for each stage is certified under the Subdivision Act 1988 (Vic), 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 this permit. The plans must be drawn to scale with dimensions. The plans must be generally in accordance with the plans prepared by Breese Pitt Dixon, Subdivision Layout Plan and Subdivision Layout Plan - Lot Mix, both drawing Ref. 7213_UD_SLP06_V24.3, dated 1 September 2025, development plans for lots less than 300m2 from MPS Architects dated 8 September 2025) but modified to show and include:

(a) The subdivision to align with drawing 7213_UD_ODP02_V26 Sheets 1 and 2, but further modified to show:

1. Any modifications to Stages 12 and 15 in accordance with condition 2;
2. Trees 23, 25 and 26 labelled as trees to be retained.

Trees 25 and 26 located entirely within a landscape / tree reserve, except for minor overhang into road reserves.

1. Tree 23 located entirely within a single lot, except for a less than 10% encroachment into a road reserve. This may include reducing the road width adjoining the south-east boundary to the Southern Rural Water to a 14 metre wide road reserve.

(b) A Tree Protection Management Plan ('TPMP') in accordance with Condition 33.

(c) A Landscape Masterplan in accordance with Condition 34.

(d) An amended Conservation Management Plan in accordance with Condition 51.

(e) Any easements in favour of Greater Western Water for the purposes of the transfer main.

(f) Amended development plans to be provided for lots less than 300m2 generally in accordance with the plans dated 23 September 2025 by MPS, SK1 - SK49 but modified to provide the following:

1. Modifications to the layout of dwellings on lots 1-17 (Parcels A and B on SK40) to increase solar access to private open space to provide compliant solar access in accordance with Standard A18 as it existed prior to gazettal of Amendment VC282;
2. Dimensioned floorplans for Lacebark 24 end, Lavender 24 cnr, Banksia 24 end, Banksia 24 end 2, Banksia 24 cnr, RLT-120V-02, RLT-119V-01 cnr, RLT-120V-01 END, RLT-121-01 cnr, Myrtle 24 end (MOD), Banksia 24 cnr, Banksia cnr 2 and confirmation that at least 25 sqm of private open space is provided for each of those lots and that they achieve compliance with solar access in accordance with Standard A18 as it existed prior to gazettal of Amendment VC282
3. Dwelling layouts to confirm that each lot achieves a maximum of 65% site coverage;
4. Dwelling layouts to confirm that each lot achieves a minimum of 20% permeable surfaces for each lot;
5. Provision of a canopy tree for each allotment, and the nomination of the species of tree;
6. Confirmation that the dwellings comply with Standard A16 of Clause 54 (Daylight to new windows objective) as it existed prior to gazettal of Amendment VC282;
7. Amended streetscape elevations that identify further detail on proposed materiality, colours and articulation, and which respond to the emerging character of the broader subdivision;

Provision of rainwater tanks in accordance with the requirements of the section 173 agreement required by condition 15;

(g) a Colourbond (or other non-combustible) fence along the boundary with the Southern Rural Water land

(h) Details nominating authorities for vesting of reserves.

1. Prior to the certification of a plan of subdivision for Stages 12 or 15, a Bushfire Prone Area Response Plan must be prepared and endorsed by the Responsible Authority. Once submitted to be endorsed, the plan must not be altered unless approved in writing by the Responsible Authority. The plan must include the following:

(a) Defendable space shown wholly within the subject land.

(b) The plan must show how lots in Stages 12 and 15 can accommodate lots for dwellings that can achieve a maximum potential radiant heat exposure of not more than 29kW/m2.

(c) The plan must show how lots in Stages 12 and 15 will be designed to accommodate dwellings to be constructed to achieve compliance with AS3959-2018 Construction of Buildings in Bushfire Prone Areas (Standards Australia, 2018). This includes consideration of the location and species selection of street trees close to the boundary of Southern Rural Water land.

1. Prior to the certification of the plan of subdivision for the first stage, a Project Infrastructure Plan (PIP) to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and submitted electronically as a PDF. The plan must be generally in accordance with the PIP that forms part of the approved Development Plan and must address the following:

(a) what land may be affected or required for the provision of infrastructure works and the timing of when such land will be provided;

(b) the provision, staging and timing of stormwater drainage works, including any temporary drainage works;

(c) the provision, staging and timing of road works internal and external to the land consistent with any relevant traffic report or assessment;

(d) the provision, staging and timing of public open space and tree reserves;

(e) completion of the open space reserve hosting tree 48 (which adjoins permit area 1) prior to the registration of a plan of subdivision for any new lot in Stage 14;

(f)

a milestone for completion of the open space reserves within Stage 9 and 14;

what (if any) infrastructure set out in the Development Contributions Plan applying to the land is sought to be provided as "works in lieu" subject to the consent of Macedon Ranges Shire Council in accordance with section 46P(2) of the Planning and Environment Act 1987 (Vic).

Once approved the PIP may be amended with the consent of the Responsible Authority.

1. Prior to the certification of plan of subdivision for the first stage, a cut and fill balance concept plan for the land, with the objective of minimising and to the extent practicable avoiding fill export from the land, must be submitted and approved to the satisfaction of the Responsible Authority. The plan upon endorsement will form part of the Planning Permit.
2. Prior to the commencement of any stage, a detailed cut and fill balance plan for the relevant stage, with the objective of minimising and to the extent practicable avoiding fill export from the land, must be submitted and approved to the satisfaction of the Responsible Authority. The plan upon endorsement will form part of the Planning Permit.

1. Prior to the commencement of any works authorised by this permit a Site Management Plan must be approved to the satisfaction of the Responsible Authority. The site management plan must describe, as appropriate, how the site will be managed during the construction of the subdivision and measures to minimise the effect of works on the Gisborne Racecourse Marshlands Reserve, Jacksons Creek Escarpment, waterways, waterbodies, areas of environmental values and residential areas and, except with the prior consent of the Responsible Authority must:

(a) set out requirements for managing:

1. erosion and sediment.
2. dust.
3. run-off.
4. litter, concrete and construction waste, chemical contamination.
5. vehicle access.
6. methods to restrict access to the marshlands reserve.
7. vegetation and natural features planned for retention.

(b)

include an overview of construction methods including management and construction zones, site preparation, access, construction activities, schedule and timing of works and contractor briefing;

include environmental management measures to address:

1. surface water pollution;
2. erosion and sediment discharges;
3. waterway crossings;
4. terrestrial ecology;
5. aquatic ecology;
6. dust emissions during construction; and
7. waste and litter.

(d) include weed monitoring and control measures to prevent the establishment of invasive weed species in temporarily disturbed ground and the spread of these weeds into the marshlands reserve;

(e) include mitigation measures identified in any approved Environmental and Drainage Assessment for the Gisborne Racecourse Marshlands Reserve and any Conservation Management Plan(s) for the Growling Grass Frog and migratory water birds;

(f) address occupational health and safety, traffic management, environmental controls and, cultural heritage and/or dry-stone wall protection measures to the satisfaction of the Responsible Authority;

(g) be submitted to the Responsible Authority a minimum of 21 days before a required pre-commencement meeting (attended by authorised representatives of the construction contractor and project superintendent as appointed by the developer) on the site of the works;

(h) identify any site offices, workspaces, personnel rest and amenity areas, hardstands, material laydown areas, and stockpiles;

(i) include the proposed route for construction vehicle, equipment and machinery access to the site, avoiding the use of Gisborne Township and Cherry Lane, including a program for maintenance works required along this route while works are in progress where such maintenance requirement is a direct consequence of construction vehicles related to the development of the subdivision application area;

(j) address the location of parking areas for construction and sub-contractors vehicles, equipment, and machinery on and surrounding the site to ensure that they cause minimum disruption to surrounding properties;

(k) include measures to reduce the impact of noise, dust and other emissions created during the construction process;

(l)

demonstrate all environmental and cultural heritage and/or dry-stone wall protection measures identified on a drawing(s) drawn to scale;

provide measures to ensure that no mud, dirt, sand, soil, clay or stones are washed into or allowed to enter the stormwater drainage system;

include means by which foreign material will be restricted from being deposited on public roads by vehicles, equipment and machinery associated with the building and works on the land to the satisfaction of the Responsible Authority;

address any recommendations of any approved Cultural Heritage, Dry Stone Wall and Conservation Management Plans applying to the land;

identify the location and method of any Tree Protection Zones, inclusive of trees within nature strips adjacent to the site boundaries;

ensure that all contractors working on the site must be inducted into an environmental management program for construction works;

refer to the Environment Protection Authority's publication and/or all relevant regulatory requirements;

Include erection of vegetation protection fencing around all trees to be protected and conservation areas; and

provide that unless with the prior written consent of the Responsible Authority, the works must not be undertaken in any Vegetation Protection Zone (VPZ) or conservation areas except in accordance with the requirements of this permit, including all endorsed plans.

1. The development (including native vegetation removal) and subdivision must be carried out and maintained in accordance with the endorsed plans, to the satisfaction of the Responsible Authority. The layout of the subdivision and development shown on the endorsed plans must not be altered without the prior written approval of the Responsible Authority.
2. Buildings and works for dwellings on lots less than 300sqm must not start until the statement of compliance has been issued for the plan creating each lot less than 300 sqm within that stage and the Plan of Subdivision has been registered with Land Use Victoria and titles issued for the relevant lot.

1. Any stage of development containing any part of a place of Aboriginal cultural heritage significance within the meaning of the Aboriginal Heritage Regulations 2018 which is shown on the approved Development Plan as retained or similar must provide for a restriction on title that gives effect to any recommendation for the protection, restoration and interpretation of the place as contained or referred to in the approved development plan or approved Cultural Heritage Management Plan.

1. Prior to the issue of the Statement of Compliance for each stage, the owner must pay to Council a development contribution in accordance with the Development Contributions Plan Overlay Schedule 2 (DCPO2) incorporated in the Macedon Ranges Planning Scheme. The amount payable is calculated from the Total Charge figure for specified Area 4 within the DCPO2 per additional lot and is adjusted on 1 July each year in accordance with Clause 45.06 of the Macedon Ranges Planning Scheme.

1. Prior to the Statement of Compliance for the first stage, the owner must enter into an agreement with the Responsible Authority in accordance with Section 173 of the Planning and Environment Act 1987 (Vic) (which shall be applied for the purpose of section 21 and section 37 of the Subdivision Act 1988 (Vic)). The agreement must provide for:

(a) a staging plan for the provision of public open space in the locations generally in accordance with the endorsed Development Plan. For the avoidance of doubt the required contribution can be spread across the development plan area. The agreement should acknowledge that less than a 5% contribution will be provided for the subdivision of the Permit Area 1 with the balance of the 5% contribution to be provided as part of the subdivision of the balance of the Land, being that land that is the subject of this Permit. Upon approval, open space contributions must be made in accordance with the staging plan unless otherwise agreed with the Responsible Authority; and

(b) staged provision of infrastructure in accordance with the endorsed PIP.

Clause 53.03 (Residential Reticulated Gas Service Connection) Mandatory Condition

1. Any lot shown on the endorsed plan must not be connected to a reticulated gas service (within the meaning of clause 53.03 of the relevant planning scheme). This does not apply to:

(a) a lot that will not be used for, or include, a dwelling; or

(b) a lot that contains an existing dwelling or apartment; or

(c) a lot where a permit has been granted for a dwelling or apartment on the land in the lot.

this condition continues to have force and effect after a statement of compliance under the Subdivision Act 1988 (Vic) has been issued and the subdivision authorised by this permit has been completed.

1. Prior to the commencement of works, a Plan of Subdivision must be certified and engineering plans are to be submitted to and approved by the Responsible Authority.

1. For lots over 300sqm, before certification of the plan of subdivision for any stage, a building envelope plan for that stage must be submitted to and approved by the Responsible Authority which accords with the Ross Watt Road Design Guidelines (which form part of the endorsed Development Plan) and the endorsed Tree Protection Management Plan.

1. Before requesting a Statement of Compliance for the first stage, the owner must enter into an agreement with the Responsible Authority in accordance with Section 173 of the Planning and Environment Act 1987 (Vic). The agreement must provide for:

(a) That unless agreed to with the prior written consent of the Responsible Authority all buildings (apart from Outbuildings and service enclosures) must be constructed within the building envelopes shown on the building envelope plan endorsed under condition 14 of this permit;

(b) Outbuildings and service enclosures may encroach beyond the Building Envelopes, but must at all times be in accordance with the setback requirements stated in the Design Guidelines, approved tree protection zones or as otherwise approved by Council, unless with the prior written consent of Council.

(c) That buildings on lots fronting the Jacksons Creek escarpment and the adjoining drainage reserve are restricted to single storey in height.

(d) That a minimum 3000L rainwater tank must be provided for each new dwelling on a lot 301 square metres and greater and a minimum 2000L rainwater tank for each new dwelling on a lot 300 square metres or less in area, with the tank connected to supply water for toilet flushing and outdoor usage to the satisfaction of the Responsible Authority

(e) That trees located within a tree protection zone must not be lopped, damaged or removed without the prior written approval of the Responsible Authority. Approval of any tree removal will require replacement with a locally indigenous tree to the satisfaction of the Responsible Authority, within the same tree protection zone; and

(f) That tree protection fencing and other measures in accordance with the Tree Protection Management Plan endorsed under this permit must be implemented prior to the commencement of works for any building

within any lot containing retained trees or third party vegetation and must be maintained for the duration of building works.

1. The owner of the land must enter into an agreement with:

(a) a telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider's requirements and relevant legislation at the time; and

(b) a suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

1. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988 (Vic), the owner of the land must provide written confirmation from:

(a) a telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider's requirements and relevant legislation at the time; and

(b) a suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

1. Prior to the certification of the plan of subdivision for each stage, a functional layout plan for the subdivision or stage of subdivision, to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority.

When approved, the functional layout plan will be endorsed and will then form part of the permit. An electronic copy of the functional layout plan must be drawn at a scale of 1:500 to acceptable drafting standards.

The functional layout plan must include road cross-sections and dimensions in accordance with the approved Development Plan. The plans lodged with the application must be amended, as relevant, to show:

a fully dimensioned subdivision layout, including lot sizes, lot numbers, property splays, easements, open space areas, widths of street reservations, stage boundaries and the relationship between the site/stage and the surrounding land;

topography and existing features, including contours for the subject land and any affected adjacent land;

identification by survey of all trees (or group of trees) existing on the site, including dead trees and those that overhang the site from adjoining land. All trees proposed for removal shall be designated with a cross;

details of Tree Protection Zones ('TPZ') for all trees to be retained on site and overhanging from adjoining sites;

all trees proposed for removal from the sites (including dead native trees) clearly designated;

typical cross-sections for each street type, dimensioning individual elements, services offsets and any other spatial requirements identified in the Development Plan;

a table of offsets for all utility services and street trees;

the major drainage system, including any watercourse, wetland, sediment pond and/or piped element showing preliminary sizing;

overland flow paths (1% AEP) to indicate how excess runoff will safely be conveyed to ultimate outfall (within the site and externally);

drainage outfall system (both interim and ultimate), indicating a legal point of discharge and any access requirements for construction and maintenance;

the location of any traffic management devices required to service the subdivision (signals, roundabouts, splitter islands, etc);

provision of notional (unmarked) on-street parking for all lots at a rate of one space per lot;

swept path diagrams demonstrating that the road network (including laneways) have been designed and checked in accordance with Austroads Design Vehicle and Turning Path templates;

weatherproof temporary turning area must be provided at all dead-end roads;

any roundabout/intersection on Connector Streets designed to accommodate buses in accordance with the Austroads guidelines as well as Public Transport Guidelines for Land User and Development;

any spatial requirements for drainage as identified in the submitted Drainage Strategy and the proposed overland flow paths;

preliminary location of reserves for electrical kiosks;

works external to the subdivision, including both interim and ultimate access requirements;

the functional design of interim and ultimate Retarding Basin/Wetland (within stage 12) as part of Stage 9 as per Alluvium Stormwater Management Strategy;

Shared user path along Jackson Creek Conservation Reserve/Drainage Reserve as part of adjoining stages.

Footpath in Stage 12 to allow for connection to a residential village, consistent with that set out in 'PA2 & RV Pedestrian Interface Concept Plan dated 27 January 2026' (drawing ref 7213E/PA2) prepared by Breese Pitt Dixon.

1. Prior to the commencement of any stage, a detailed functional drainage design for the relevant stage, must be submitted and approved to the satisfaction of the Responsible Authority. The plan upon endorsement will form part of the Planning Permit.
2. The Retarding Basin must comply with the current best practice Retarding Basin Guidelines. A summary letter/report of the Retarding Basin Assessment as conducted by a qualified ANCOLD Dams Engineer must be provided to Council prior to the Certification for the first stage of the subdivision.

1. Prior to the commencement of works for each stage of the subdivision, Engineering Plans for the relevant stage of works must be submitted to and approved by the Responsible Authority, including payment of plan checking and supervision fees. The Engineering Plans will not be considered until the Functional Layout Plans for the relevant stage have been approved by the Responsible Authority, landscape plans have been submitted to the Responsible Authority, the plan of subdivision has been lodged for certification with the Responsible Authority, and the locations of other relevant authority services have been provided to the satisfaction of the Responsible Authority. The plans must include:

(a) specifications of the proposed works that are to become public assets within and outside of the subdivision as required by this permit;

(b) all necessary computations and supporting documentation, including a Certificate of Compliance (design & construction) for any structure, traffic report, road safety audit, geotechnical investigation, pavement design report, etc.;

(c) all details of works consistent with the approved Functional Layout Plan and lodged plan of subdivision;

(d) the subdivision as a whole is provided with a legal point of discharge approved by the Responsible Authority;

(e)

all drainage courses or outfall drainage lines required to the legal point of discharge and which pass through lands other than those within the boundaries of the subdivision must be constructed at no cost to the Responsible Authority;

the drainage system must have provision for runoff from the upstream catchments and include any downstream works necessary to manage flows from the subdivision;

objectives of the Urban Stormwater - Best Practise Environmental Management Guidelines (Victorian Stormwater Committee, 1999) are satisfied;

all road carriageways, wetlands, channels, basins, etc. must be constructed to Melbourne Water design criteria and standards;

design for full construction of streets and underground drainage, including measures to control/capture pollutants and silt;

overland flow paths (1% AEP) to indicate how excess runoff will safely be conveyed to its destination;

minor and major drainage computation with catchment plans;

provision for all services and conduits (underground), including alignments and offsets, on a separate services layout plan;

for internal roads, road carriageway widths must be as per the approved development plan and asphalt seal, kerb and channel, footpath on both sides, stormwater pits/pipe, underground services, etc.;

shared user path as per the approved development plan and raised pedestrian crossings at shared path intersections;

provision of public lighting and underground electricity supply within all streets and external roads fronting the proposed development;

provision of street name plates to the Council standard design, including a schedule of individual signs and associated street numbers;

the location and provision of vehicle exclusion mechanisms abutting reserves;

details of the proposed treatment and provision for lot boundary fencing adjoining all reserves other than road reserves;

survey details of the canopy trunk location and size of trees to be retained and associated tree protection zones;

details in relation to all filling on the site, which must be compacted to specifications approved by the Responsible Authority;

a separate signage and line marking plan identifying the road layout, proposed signs, line marking, RRPMs and a sign schedule;

design and construction of interim and ultimate Retarding Basin/Wetland (located within stage 12) to be delivered prior to the completion of Stage 9 as per Alluvium Stormwater Management Strategy in accordance with the lot triggers in Appendix F (Project Infrastructure Plan) of the approved amended Development Plan;

design and construction of Urbanisation of Road shoulder and addition of Kerb and Channel on both sides of Cherry Lane in accordance with the lot triggers in Appendix F (Project Infrastructure Plan) of the approved amended Development Plan;

design and construction of signalisation of interim and ultimate Station Road, Cherry Lane and Ross Watt Road signalisation in accordance with the lot triggers in Appendix F (Project Infrastructure Plan) of the approved amended Development Plan; and

construction of a 3 metre wide shared user path and an increase to the berm width of 5 metres along Jackson Creek Conservation Reserve/Drainage Reserve as part of adjoining stages.

1. Prior to the issue of a Statement of Compliance to each relevant stage of the subdivision under the Subdivision Act 1988 (Vic), unless otherwise agreed in writing by the Responsible Authority, the following must be constructed in accordance with approved detailed engineering drawings to the satisfaction of the Responsible Authority:

(a) At Statement of Compliance for the stage associated with the 557th Subdivision Lot, or if the Residential Village use has commenced, prior to the 473rd Subdivision Lot, the urbanisation of Road and addition of Kerb on both sides of Cherry Lane.

(b) At Statement of Compliance for the stage associated with 541st subdivision lot, or if the Residential Village use has commenced, prior to the 460th Subdivision lot, Signalisation of Station Road, and Ross Watt Road (interim).

(c) At Statement of Compliance for the stage associated with the 300th Subdivision Lot (in Permit Area 2), or if the Residential Village use has commenced, prior to the 139th Subdivision Lot (in Permit Area 2), ultimate sediment basin and wetland retarding basin delivery of the Western Drainage Reserve.

(d)

At Statement of Compliance for Stage 9 of Permit Area 2 (the first stage of Permit Area 2), stabilisation works on the Alluvial Fan in Jacksons Creek Outfall.

1. Prior to commencement of works authorised by this permit, the applicant shall undertake a dilapidation survey (Dilapidation Survey) and submit it to the Responsible Authority. The Dilapidation Survey must outline the pre-existing conditions along Swinburne Avenue and Ross Watt Road along the site frontage. In the event that existing road pavements, which are the subject of the Dilapidation Survey, are damaged as a direct result of civil construction work of the subdivision under this permit, any wearing course asphalt damage shall be repaired to the pre-existing condition of the road pavements recorded in the Dilapidation Survey.

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 work;

(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;

(g) construct/repair/widen/remove any crossover.

1. All filling on the site must be carried out, supervised, completed, and recorded in accordance with AS 3798 (Guidelines on earthworks for commercial and residential developments) to specifications to the satisfaction of the Responsible Authority. The geotechnical consultant/contractor responsible for supervision and testing under this condition must be independently engaged by the applicant and not be engaged by the contractor carrying out the works. Before the issue of a Statement of Compliance, unless otherwise agreed in writing by the Responsible Authority, compaction test results and a report must be provided to the satisfaction of the Responsible Authority. No fill may be exported from the land, except in accordance with a cut and fill balance plan approved by the Responsible Authority.

1. The developer shall maintain all the temporary drainage assets until the permanent drainage assets are delivered. The temporary drainage assets are removed, and the affected areas are to be reinstated to the satisfaction of the Responsible Authority. The developer is responsible and liable for public safety, public health, and future maintenance of temporary drainage assets.

1. Prior to the issue of a Statement of Compliance for any stage or by such later date as is approved by the Responsible Authority in writing, the applicant may seek, to the satisfaction of the Responsible Authority, the issue of the Statement of Compliance but with deferment of completion of specified civil construction works shown on the approved construction plans by written agreement with the Responsible Authority, provided the following requirements have been met:

(a) All engineering and landscape works have reached Practical Completion, or Council has accepted a bond for any uncompleted works.

(b) "As constructed" survey data and asset information required by the provisions of this Manual have been submitted in electronic format, together with other documentation required by the Planning Permit.

(c) Submission of Lot and road compaction test results, CCTV and report of stormwater drains.

(d) Certificates of compliance/approval have been provided for any structural works.

(e) Reports, maintenance plans and other documentation required by the Planning Permit have been submitted.

(f) Required maintenance bonds for the infrastructure have been paid.

1. Prior to the issue of a Statement of Compliance, the developer must submit as constructed data for the newly built assets as per A-Spec (specifications to maintain Asset Registers) to Council. The asset information must be projected to GDA2020 in digital format to include D-Spec (drainage data), R-Spec (road data) and O-Spec (open space data) as per 'A-Spec' specifications.

Before Council consents to Practical Completion, the following must be submitted to the satisfaction of the Responsible Authority:

(a) A complete set of 'as constructed plans' of site works (amended if necessary to show any changes that may have occurred during construction), which include Civil, electrical and telecommunication works, in digital file format AutoCAD (recent version) and PDF. The

digital files must have a naming convention (Subdivision name Stage) to identify Council assets listed and should be projected to GDA2020- MGA Zone 55.

A list of asset quantities which include the following Council assets:

1. total length of roads, footpath, kerb and channel;
2. total number of bridges, WSUD features and traffic calming devices;
3. total length of pipe and number of pits for drainage and telecommunications;
4. total number of streetlights; and
5. total number of road reserve assets.

(c) Asset information, including D-Spec (drainage data) and R-Spec (road data) as per "A-Spec" specifications (the consultant/developer specifications for the delivery of digital data to Local Governments) in ESRI Shape Files (preferred format) or MapInfo with attributions. All GIS and CAD data submitted must be in Map Grid Australia Zone 55 projection and referenced to the Geocentric Datum of Australia (GDA) 2020.

1. Prior to the commencement of any works authorised by this permit, including demolition and excavation, lopping or removing trees, a Construction Environmental Management Plan must be submitted to Macedon Ranges Shire Council Engineering Department. No works are permitted to occur until the Plan has been endorsed by the Responsible Authority. The plan must:

(a) Address occupational health and safety, traffic management, environmental controls and, cultural heritage and/or dry-stone wall protection measures to the satisfaction of the Responsible Authority.

(b) Identify site offices, workspaces, personnel rest and amenity areas, hardstands, material laydown areas, and stockpiles.

(c) Include the proposed route for construction vehicle, equipment and machinery access to the site, including a program for the upgrade and maintenance works required along this route while works are in progress.

(d) Address the location of parking areas for construction and sub-contractors vehicles, equipment, and machinery on and surrounding the site to ensure that they cause minimum disruption to surrounding properties.

(e) Include measures to reduce the impact of noise, dust and other emissions created during the construction process.

(f)

Provide measures to ensure that no mud, dirt, sand, soil, clay or rock are washed into or allowed to enter the stormwater drainage system.

Identify the location and method of any Tree Protection Zones, inclusive of trees within nature strips adjacent to the site boundaries.

Ensure that all contractors working on the site must be inducted into an environmental management program for construction works.

Consider as relevant, any Environment Protection Authority's publication and/or all relevant regulatory requirements.

Vegetation protection fencing is to be erected around 'environmental no-go zones'.

1. The subdivision is to be constructed in accordance with Macedon Ranges Shire Council's Policy Engineering Requirements for Infrastructure Construction (June 2010).
2. All filling on the site must be carried out, supervised, completed, and recorded in accordance with AS 3798 (Guidelines on earthworks for commercial and residential developments) to specifications to the satisfaction of the Responsible Authority. The geotechnical consultant/contractor responsible for supervision and testing under this condition must be independently engaged by the applicant and not be engaged by the contractor carrying out the works. Before the issue of a Statement of Compliance, unless otherwise agreed in writing by the Responsible Authority, compaction test results and a report must be provided to the satisfaction of the Responsible Authority.
3. The developer shall maintain all the temporary drainage assets until the permanent drainage assets are delivered. The temporary drainage assets are removed, and the affected areas are to be reinstated to the satisfaction of the Responsible Authority. The developer is responsible and liable for public safety, public health, and future maintenance of temporary drainage assets.

Arborist Report and Tree Protection Management Plan

1. Prior to the issue of Certification of the subdivision, an Arborist Report and TPMP must be submitted to and approved by the Responsible Authority. The TPMP is to be prepared by a suitably qualified and experienced consultant Arborist (minimum AQF Level 5 with a minimum of five years demonstrated tree assessment experience) to the satisfaction of the Responsible Authority. When approved, the TPMP will be endorsed and will form part of this permit. All other plans submitted for approval including Engineering and Landscape plans and the CEMP must be

consistent with any recommendations, and include all details of, the endorsed TPMP. The TPMP is to include:

(a) a clear photograph of each tree to be retained under the TPMP and general condition assessment including if any specific damage/faults are evident with the tree prior to construction works. This will form a preliminary condition/dilapidation report;

(b) an assessment of preliminary engineering plans and subdivision layout plans for any potential impact on trees to be retained, including diagrams of extent of any encroachment into the TPZ of trees to be retained;

(c) any recommended modified design details required to minimise encroachment/impact to trees by any potential construction impacts;

(d) a TPMP site plan demonstrating all trees to be removed or retained with TPZ shown, including any adjacent road reserve trees, with details of the type and extent of Tree Protection Fencing and any relocation of fencing required throughout the stages of the sub-division. The site plan is also to include protection of existing trees within proposed future stages (as per the endorsed Development Plan) to ensure no accidental damage occurs by construction machinery or storage of materials in the meantime;

(e) the TPMP site plan is to also include all recommendations of modified design at c) and a clear notation 'fencing must be installed and approved by a Council Officer prior to any site works commencing (including any demolition works)';

(f) a Tree Works Schedule of required remediation works to ensure the health and safety of all existing trees including a statement that any tree pruning shall only be undertaken by a suitably qualified and experienced Arborist and in accordance with AS 4373 2007, Pruning Amenity Trees; and

(g) a supervision timetable with an Arborist Inspection compliance check list to be signed and dated by the developer's Project Arborist and project manager/foreman. Inspections must be scheduled at all phases during construction to ensure the retention and ongoing protection of the trees and are to be undertaken before, during and at the completion of the works.

1. Prior to the issue of Certification of the subdivision and in conjunction with the Functional Layout Plan, a digital copy (of under 10MB) of a Landscape Masterplan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The Landscape Masterplan is to generally be in accordance with the approved Development Plan but updated to show:

the principles and graphical concepts of the proposed treatment of any open space areas with clear representation of recreational Open Space areas, Environmental areas, Linear corridors, Cultural Heritage areas, drainage reserves, the walking and cycling path network and an indication of all proposed landscape treatments and features including:

1. any proposed structures/facilities/play spaces;
2. plentiful canopy tree planting in all reserves;
3. all other walking paths and maintenance access paths;
4. topography and existing features, including contours for the subject land and any affected adjacent land;
5. the location of all trees existing on the site, including all adjacent road reserve trees;
6. include all details of existing tree protection and design recommendations as per the endorsed TPMP in Condition 33; and
7. the location of all trees proposed to be removed.

(b) street trees to be spaced at a minimum of one per lot or every (10) metres for laneways and every (12) metres for all other streets - whichever is the lesser; and

(c) indicative street trees species selection shown, with a notation 'final specification will be to later detailed design subject to final Engineering plans and cross sections'.

Arborist supervision timetable and tree works schedule

1. Prior to the issue of a Statement of Compliance for each stage of the subdivision, a completed and signed Arborist Supervision Timetable and Tree Works Schedule in accordance with the endorsed Tree Protection Management Plan must be submitted to and approved by the Responsible Authority.

1. Prior to the issue of a Statement of Compliance for each stage of the subdivision, a digital copy of a detailed landscape plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The landscape plan is to be generally in accordance with the approved Landscape Master Plan but is to focus on the details of the streetscape planting and open space areas.

The plan is to be to scale and overlaid on the approved engineering plans to ensure coordination with services and all other infrastructure in the road reserve. When approved, the plan will be endorsed and form part of this permit and must show:

(a) Where landscaping is to be installed within the planting season of April to September, grassing is to be included in the Landscape scope and is to include a specification for preparation and hydro seeding including, but not limited to:

1. topsoil amelioration if existing/ reinstated topsoil condition is not suitable for healthy grass growth;
2. removal of any weeds and stone;
3. the provision of barricading during grass establishment; and
4. seed to be a 'drought tolerant mix' including a summer species, such as Couch, with Fescue as a base.

(b) New street trees to all nature strips to be spaced at a minimum of ten (10) metres for laneways and (12) metres for all other streets and be in locations with offsets from infrastructure as per Council's Tree Management Policy, 2022.

(c) Final street trees species are to be of a size suitable for natures strip widths at maturity, and be a majority of native species with selection of locally indigenous species (of local provenance), as a first preference, to the approval of the Responsible Authority.

(d) Plans are to include cross-sections for each street type as per the approved Engineering plans, dimensioning tree locations and all spatial requirements as per (c).

(e) A plant schedule for proposed tree species showing minimum supply size of 45L/1.6mH.

(f) The following notations:

1. tree planting is to occur between April and September to maximise establishment and survival;
2. tree locations shown on this plan are a guide only and may require adjustment to coordinate with final service locations, Powercor requirements, and 'as constructed 'infrastructure;
3. street tree locations are to be set-out and approved on site by the Council Landscape Officer prior to installation; and
4. it is the responsibility of the contractor to confirm the location of all underground services prior to commencement of any excavation.

(g) An advanced Tree Planting Detail with a minimum 26L Greenwell water saver and 3no. hardwood stakes OR Tree Coach® system.

(h)

Landscaping to nature strips adjacent to all shared paths with a minimum of 50% indigenous species and in accordance with Council's Nature strip Landscaping Policy, 2022.

(i) Existing trees and all tree protection details as per the endorsed TPMP.

(j) Any landscaping design, construction or maintenance to be in accordance with the approved Cultural Heritage Management Plan.

(k) New large canopy trees and ornamental garden beds are to be provided to all open space areas.

(l) Trees proposed within lawn areas are to be a minimum of three metres apart (including mulch/waterwell) to facilitate mowing machinery or consolidated within mulched garden beds.

(m) All grassed areas are to be a minimum grade of 1:5, to allow for maintenance by mowing machinery.

(n) Any gradients 1:4 and greater are to be treated with jute mat and planted with a mix of native and indigenous grasses and groundcovers at a sufficient density to discourage weed growth.

(o) All ornamental landscape beds to be of species appropriate to the site conditions and climate and be a made up of a minimum of 40% indigenous with no more than 30% of exotic species or cultivars.

(p) Seed for grassed reserves to be mowed to be a 'drought tolerant mix' including a summer species, such as Couch, with Fescue as a base.

(q) All interfaces to public areas are to be separated by bollards or post and rail fencing within either garden bed or gravel with access provided e.g. removable bollard or gate for maintenance vehicles.

(r) All basin/WSUD planting plans are to include appropriate species for the type and function of the asset as per Melbourne Water Guidelines and also include:

1. trees to the surrounds (but not within basin embankments);
2. details of any fencing or barriers; and
3. walking paths and viewing platforms/bench seating.

(s) All reserve furniture and play/sports equipment must be submitted in a Schedule for final approval along with the Landscape plan for each stage of the subdivision.

(t)

Construction and installation details of all proposed paving, bollards/fencing and furniture are to be provided and approved as part of the endorsed Landscape package for each stage.

Any proposed irrigation plans must be submitted for final approval along with the Landscape plan. Irrigation must be compatible with the current Council system (a sacrificial system will not be approved).

Plans for proposed playground equipment, including all fall zones, are to be shown in colour in a separate detailed Playground plan. The playground plan is to include the notation:

1. The Playground must remain securely fenced throughout construction and will only be removed on approval of the Responsible Authority following Practical Completion.
2. Practical Completion for playground equipment will require submission and approval of the following:

(1) A copy of the playground manufacturer's installation instructions in accordance with AS 4685:2014.

(2) Evidence that the equipment has been installed according to the manufacturer's installation instructions (e.g. certificate of compliance/photographs of footings).

(3) An independent playground audit, by Councils preferred consultant, to demonstrate the playground meets Australian Standards.

1. In addition to the Landscape Plans, the applicant must submit for approval a proposed maintenance schedule and projected costs. This schedule will also be used to ensure the proposed maintenance program is consistent with Council standards and to calculate the required a 30% Landscape Maintenance Liability bond to be returned after two (2) years from the practical completion of landscaping or as otherwise agreed with the Responsible Authority for all stages.

1. Prior to the issue of a Statement of Compliance for each stage the landscaping works shown on the endorsed landscape plan for that stage must be completed and thereafter maintained to the satisfaction of the Responsible Authority unless otherwise approved in writing by the Responsible Authority. If the Responsible Authority agrees to defer the completion of landscape works prior to the issue of a Statement of Compliance, the outstanding landscaping works must be bonded to the satisfaction of the Responsible Authority.

1. Landscaping shown on the endorsed landscape plans must be maintained to the satisfaction of the Responsible Authority for a period of two (2) years from the practical completion of the landscaping. During this period, any dead, diseased or damaged plants or landscaped areas are to be repaired or replaced during the period of maintenance and must not be deferred until the completion of the maintenance period.

1. Before works start, the permit holder must advise all persons undertaking the vegetation removal or works on-site of all relevant permit conditions and associated statutory requirements or approvals.

1. Only vegetation identified for removal within the subdivision stages hereby approved is to be removed/disturbed. No other vegetation (including trees, shrubs, grasses and herbs) shall be removed, damaged, destroyed, felled, lopped or uprooted unless with the prior written consent of the Responsible Authority.

1. All construction and maintenance equipment, earth moving equipment and associated machinery must be made free of soil, seed and plant material before being taken to the works site and again before being removed from the works site to the satisfaction of the Responsible Authority. This is to help prevent the spread of noxious weeds listed under the Catchment and Land Protection Act 1994 (Vic).

1. The location of underground services must be outside of TPZ of the trees shown in the TPMP approved under condition 28 unless with the prior written consent of the Responsible Authority.

1. A suitably qualified arborist must supervise or undertake all approved activity within the calculated TPZ of any trees to be retained. Any root severance within the TPZ must be undertaken to their satisfaction using a clean sharp and sterilised pruning saw. There must be no root pruning within the Structural Root Zone ('SRZ') unless consent is received in writing by the Responsible Authority, and there must be no root pruning within the TPZ for works other than those endorsed by the Responsible Authority.

1. All and any excavations within the TPZ of retained trees must be undertaken by hand or by approved non-destructive techniques suitable in the vicinity of trees in accordance with Section 9 of AS4373-2007 Pruning of Amenity Trees, and must only be undertaken by, or directed and supervised by, a suitably qualified arborist (minimum AQF Level 5) for endorsed works or for works subsequently approved by the Responsible Authority.

1. Any tree/vegetation removal for trees and patches must be undertaken by a qualified arborist to the Australian Standard - Pruning of Amenity Trees AS4373-1996.

1. Unless with the prior written consent of the Responsible Authority, the following actions must not be undertaken in any TPZ as identified on the endorsed TPMP and plans, to the satisfaction of the Responsible Authority:

(a) materials or equipment storage;

(b) attachment of any materials to trees (including temporary service wires, nails, screws or any other fixing device);

(c) open cut trenching or excavation works (whether or not for laying of services); or

(d) changes to the soil grade level.

1. Prior to any works commencing, (including any demolition, excavations, tree removal, delivery of building/construction materials and/or temporary buildings), a vegetation protection fence must be erected around all native vegetation to be retained within 15 metres of the works area. Vegetation fencing must be erected to the satisfaction of the Responsible Authority. This fence must be erected at:

(a) a radius of 12 times the diameter of the tree trunk at a height of 1.4 metres to a maximum of 15 metres but no less than 2 metres from the base of the trunk of the tree;

(b) around the patch(es) of native vegetation at a minimum distance of 2 metres from retained native vegetation;

(c) steel star pickets with a minimum height of 1.8m with high visibility safety caps shall be installed between the treated pine posts at a maximum height of 3.0m. High visibility hazard marker tape to be securely fixed to the top of the ring lock mesh with wire ties. Tree protection signage to be attached to the fence at regular intervals no

greater than 9.0m apart with wire ties at each corner. To the satisfaction of the Responsible Authority; and

the protection fence must remain in place until all works are completed and must be erected around areas to be retained to protect surrounding vegetation. The tree protection fencing must form a visual and physical barrier and include signage clearly marked 'Vegetation Protection Zone - No Entry' on all sides. Any trees, vegetation or waterways near the development site and/or construction areas must be included in the tree protection zone.

1. Prior to approved tree removal and construction activities near trees to be retained, a native fauna salvager must inspect all trees proposed for removal. This must include the surrounding area where ground fauna could occur. This inspection must occur one day prior to tree removal and the fauna officer must be present the same day of the tree removal. All nesting sites must be assessed for fauna including any terrestrial and arboreal fauna, e.g. reptiles, marsupials, birds, bats and mammals. A fauna assessment report is to be submitted to the Environment Unit. If fauna is found, a relocation plan and outcome report must be included in the report submitted to Council.

1. Logs and woody debris from tree removal must be retained and placed in open space areas and designated conservation areas to the satisfaction of the Responsible Authority. This provides valuable habitat for native fauna species.

1. Prior to certification of the first stage, a Conservation Management Plan must be provided generally in accordance with the Conservation Management Plan prepared by Nature Advisory dated January 2025. The plan must include:

(a) A more specific revegetation list that includes:

1. locations of revegetation, including waterway species and waterway plan;
2. pot sizes;
3. protection methods; and
4. maintenance works and watering.

(b) Habitat hollows from approved removed trees within the development must be strategically placed within areas highlighted for conservation (to the satisfaction of the Responsible Authority).

(c) Interpretation signage must be included at start of shared path.

(d)

Sign outlining: 'Conservation Area - all dogs on leads.'

Maintenance access track must be included. Include track design (gravel track) and revegetation to stabilise accommodating steep gradients.

Interpretation signage must be included at start of gravel maintenance track. 'Authorised access only'.

Include erosion control measures after weed control.

Include detail of the following management actions:

1. Strict annual and handover requirements prior to handover (to be handed to Council in satisfactory condition - including a Practical Completion Report which includes the following (but is not limited to):
   • A timetable of the maintenance activities, including:
     • erosion control;
     • watering;
     • timing and frequency of weed control;
     • method/s of weed control for each species; and
     • replanting schedule.
   • A timetable of works during the three-year maintenance period, e.g. weed management, replacement of stakes and guards and replanting;
   • A plant species list of all indigenous, and targeted weed plant species.
   • A table of the following Practical Completion benchmarks must be included and approved by the Responsible Authority:
     • 95% success rate on all revegetation, and 95% reduction of all weeds onsite;
     • planting should incorporate protection of the plants to maximise their establishment including tree guards and stakes;
     • all plants are healthy, established plants with the majority growing above the guards;
     • the developer must replant failed, damaged or stolen plants as soon as practicable after identification of loss. Planting can be carried out at any time of the year apart from summer, and is subject to ambient

weather and availability of suitable species. The bulk of the planting program is to be expected to be completed during the period late autumn to early spring. Preparations for planting should be completed well in advance of this period;

application of chemicals shall only be carried out by operators holding an approved certificate or an operator supervised by a certificate holder in addition, must be experienced and responsible in the application of chemicals in public places; and

council will inspect the works thereafter at intervals throughout the maintenance period however must be notified in writing three months prior to the end of the maintenance period to schedule a final site inspection. Any defects identified during the final inspection will be detailed and forwarded to the applicant for rectification. The developer must undertake rectification works if the site has not been maintained to Council's satisfaction. Final hand over will occur with the developer providing Council with the maintenance history of the site.

1. Wildlife friendly fencing is to be erected around remnant vegetation so grazing animals do not enter and graze in the remnant vegetation. Wildlife friendly fencing is recommended for fencing around remnant vegetation and conservation areas, with the following requirements:

(a) a fence that allows animals to pass underneath, leave a minimum of 40cm between the ground and the bottom wire;

(b) choose a plain high-tensile fencing wire. If this is tensioned correctly, this fencing material can contain most stock;

(c) if barbed wire has to be used, avoid placing the wire on the top two or three strands of the fence or on the bottom wire. The will reduce the risks but not eliminate them;

(d) keep the fence low with a maximum height of 1.2m. The will allow larger animals such as Kangaroos to easily pass over the top;

(e) consider retrofitting your existing fence with reflective materials such as CDS and aluminium plant tags. Alternatively add a white wire to the top. Place these items on the top wire to make it easier for wildlife to see; and

(f) retrofitting existing fencing with wildlife gates. Locate gates and openings where wildlife regularly pass through.

1. Prior to the issue of the Statement of Compliance for each stage, a Practical Completion Report for each stage is to be submitted and approved by the Responsible Authority. The report is to include a summary of the outcomes achieved for each condition.

1. The developer will be responsible for the management of all Conservation Zones, Cultural Heritage Reservations, Water Treatment Basins (and other revegetation areas) for a minimum of three years from the date of Practical Completion of each stage. Management includes planning, adequate site preparation, revegetation planting, watering, weed control and all other maintenance activities as outlined in the endorsed Practical Completion Report.

1. Prior to the issue of the statement of compliance, a Practical Completion Maintenance Report for all zones is to be submitted and approved by the Responsible Authority. The report is to include - but not limited to:

(a) A timetable of the ongoing maintenance activities, including:

1. erosion control;
2. watering;
3. timing and frequency of weed control;
4. method/s of weed control for each species; and
5. replanting schedule.

(b) A timetable of works during the three year maintenance period, e.g. weed management, replacement of stakes and guards and replanting.

(c) A plant species list of all indigenous, and targeted weed plant species.

(d) A table of the following Practical Completion benchmarks must be included and approved by the Responsible Authority:

1. 95% success rate on all revegetation, and 95% reduction of all weeds onsite;
2. planting to incorporate protection of the plants to maximise their establishment including tree guards and stakes;
3. all plants are healthy, established plants with the majority growing above plant guards;
4. any failed, damaged or stolen plants are replanted by the permit holder as soon as practicable after identification of loss; and
5. planting to be carried out at any time of the year apart from summer, and is subject to ambient weather and availability of

suitable species. The bulk of the planting program is to be expected to be completed during the period late autumn to early spring with preparations for planting to be completed well in advance of this period.

1. Application of chemicals shall only be carried out by operators holding an approved certificate or an operator supervised by a certificate holder in addition, must be experienced and responsible in the application of chemicals in public places.

1. Council will inspect the works thereafter at intervals throughout the maintenance period however must be notified in writing three months prior to the end of the maintenance period to schedule a final site inspection. Any defects identified during the final inspection will be detailed and forwarded to the applicant for rectification. The developer must undertake rectification works if the site has not been maintained to Council's satisfaction. Final hand over will occur with the developer providing Council with the maintenance history of the site.

1. Prior to the commencement of works within stages where conservation works are required, the applicant must submit for approval an estimate of probable costs for all revegetation and landscape works within that stage. This estimate will be used to ensure the proposed works and maintenance program are consistent with Council standards and to calculate a 30% Landscape Maintenance Liability bond.

The developer is responsible for the management of all zones for a minimum of three years from the date of Practical Completion of each stage. Management includes planning, adequate site preparation, revegetation planting, watering, weed control and all other maintenance activities as outlined in the endorsed Practical Completion Report.

1. Prior to the commencement of development within stages where conservation works are required, individual digital copies of detailed revegetation landscape plans must be submitted and approved to the satisfaction of the Responsible Authority to offset the removal of removed indigenous trees. The detailed landscape plans are to focus on the details on the Conservation Zones.

The developer is responsible for conducting all items within the Revegetation Landscape Plans including a three-year maintenance period prior to handover. The Revegetation Landscape Plans are to be conducted in early stages and all to the satisfaction of the Responsible Authority.

When approved, the plans will be endorsed and form part of this permit and must include:

1. location of plantings;
2. density of plantings;
3. number of species;
4. scientific and common names of plants;
5. all revegetation to be indigenous native vegetation - in accordance with the DELWP EVC ecological vegetation community type that naturally occurs in the area;
6. plant protection;
7. details of a granitic sand informal walking trails;
8. tree protection zones and tree protection fencing;
9. location of areas requiring weed control, including all weed species and control methods to be used; and
10. all works must be completed by an environmentally specialised council approved contractor.

Council will inspect the works thereafter at intervals throughout the maintenance period however must be notified in writing three months prior to the end of the maintenance period to schedule a final site inspection. Any defects identified during the final inspection will be detailed and forwarded to the applicant for rectification. The developer must undertake rectification works if the site has not been maintained to Council's satisfaction. Final hand over will occur with the developer providing Council with the maintenance history of the site.

1. Prior to the commencement of works within stages where conservation works are required, the applicant must submit for approval an estimate of probable costs for all revegetation and landscape works within that stage. This estimate will be used to ensure the proposed works and maintenance program are consistent with Council standards and to calculate a 30% Landscape Maintenance Liability bond.

1. The developer will be responsible for the management of all zones for a minimum of three years from the date of Practical Completion of each stage. Management includes planning, adequate site preparation, revegetation planting, watering, weed control and all other maintenance activities as outlined in the endorsed Practical Completion Report.

1. All waste must be removed from site weekly, or secured in a manner of no escaping, to ensure no rubbish entering adjacent water environments.

1. Prior to the commencement of works authorised by this permit, a weed management plan must be submitted to and approved by the Responsible Authority. The plan must demonstrate a detailed weed eradication plan in accordance with the identified weeds in the Conservation Management Plan and other identified weeds that are known and is of prevalence, with the following requirements:

(a) A detailed weed removal program conducted annually for the duration of this development.

(b) Reduce the total cover of all woody weeds to
(c) Reduce the total cover of all high threat broad-leaf herbaceous weeds to less than
(d) Disposal and transportation plan will not be located on site for calp act- listed weeds and appropriate permits for the disposal of calp act-listed weeds must be demonstrated.

(e) Stockpiling and burn areas will not be located on site.

(f) A detailed weed management plan including a detailed timetable of works, a weed map of the entire development including eradication methods.

(g) Method/s of control for each species, timing and frequency of control, monitoring.

(h) This plan must incorporate the conservation management plan requirements and Figure 4, high threat weeds.

(i) A weed map of the entire development that identifies all patches of problematic weeds prior to commencement of works including species listed by common names and scientific names.

(j) A yearly reporting form for a weed contractor to complete and submit to the Responsible Authority on a yearly basis.

1. The plan of subdivision submitted for certification under the Subdivision Act 1988 (Vic) must be referred to the distributor in accordance with Section 8 of that Act.
2. The permit holder must provide an electricity supply to all lots in the subdivision in accordance with the distributor's requirements and standards.

The permit holder must ensure that existing and proposed buildings and electrical installations on the subject land are compliant with the Victorian Service and Installation Rules ('VSIR').

The permit holder must, when required by the distributor, set aside areas with the subdivision or the purposes of establishing a substation or substations.

The permit holder must 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.

1. The owner of the land must enter into an agreement with Greater Western Water for the provision of water supply.
2. The owner of the land must enter into an agreement with Greater Western Water for the provision of sewerage.
3. Prior to certification, the Plan of Subdivision must be referred to Greater Western Water in accordance with Section 8 of the Subdivision Act 1988 (Vic).

1. No direct vehicular access to the arterial road is permitted from the subject land.
2. A staging plan must be submitted to and approved by the Responsible Authority and the Head, Transport for Victoria. Once approved, the plan must be endorsed by the Responsible Authority and will then form part of this permit.
3. The subdivision must proceed in accordance with the staging sequence shown on the endorsed staging plan, unless otherwise agreed in writing by the Responsible Authority and the Head, Transport for Victoria.
4. Unless otherwise agreed in writing by the Head, Transport for Victoria, interim Functional Layout Plans showing the interim signalised intersection works proposed at Station Road and Ross Watt Road must be submitted to and approved by the Head, Transport for Victoria prior to the earlier of the following:

(a) the Certification of the plan of subdivision for the stage containing the 541st lot; or

(b) the Certification of the plan of subdivision for the stage containing the 460th lot, where the use of the land for a Residential Village has commenced.

The interim Functional Layout Plans must be generally in accordance with the plans prepared by One Mile Grid, dated 10/09/2024 and annotated CLP1004, Revision C, but modified to clearly show:

• the installation of traffic signals at the intersection of Station Road and Ross Watt Road;
• swept paths for the largest design vehicle (including clearances) and check vehicles, in accordance with current Austroads Guidelines;
• V3 flag lighting in accordance with AS 1158; and
• all existing and proposed relocated services, line marking, signage, and associated infrastructure.

1. Unless otherwise agreed in writing, prior to the commencement of any works within the arterial road, a public lighting layout (in accordance with AS 1158) and a traffic signal layout, including proposed signal phasing, must be submitted to and approved by the Head, Transport for Victoria.
2. Unless otherwise agreed in writing by the Head, Transport for Victoria, the works associated with the intersection of Station Street and Ross Watt Road must be completed to the satisfaction of and at no cost to the Head, Transport for Victoria prior to the earlier of the following:

(a) the issue of Statement of Compliance for the plan of subdivision for the stage containing the 541st lot; or

(b) the issue of Statement of Compliance for the plan of subdivision for the stage containing the 460th lot, where the use of the land for a Residential Village has commenced.

(c) these works are:

1. interim signalisation of the intersection of Station Road and Ross Watt Road;
2. provision of intersection lighting in accordance with AS 1158; and
3. any other associated intersection works required by the Head, Transport for Victoria.

1. Prior to the traffic signals at the intersection of Station Road and Ross Watt Road becoming operational, the permit holder must complete and submit a Memorandum of Authorisation to the satisfaction of and for signing by VicRoads, permitting the installation of the traffic signals and any other approved major traffic control devices.

Department of Energy, Environment and Climate Action (DEECA)

1. Before works start, the permit holder must advise all persons undertaking the vegetation removal or works on site of all relevant permit conditions.

1. Before works start, a native vegetation protection fence must be erected to protect all native vegetation to be retained within 15 metres of the works area.

(a) A radius of 12 times the diameter of any tree trunk, measured at a height of 1.4 metres above ground level, to a maximum of 15 metres but no less than 2 metres from the base of the trunk.

(b) To protect patch(es) of native vegetation not containing trees at a minimum distance of 2 metres from any retained native vegetation.

The fence must be constructed of star pickets and paraweb or similar to the satisfaction of the Department of Energy, Environment and Climate Action. The protection fence must remain in place until all works are completed to the satisfaction of the department.

1. Except with the written consent of the department, within the area of native vegetation to be retained and any tree protection zone associated with the permitted use and/or development, the following is prohibited:

(a) vehicular or pedestrian access;

(b) trenching or soil excavation;

(c) storage or dumping of any soils, materials, equipment, vehicles, machinery or waste products;

(d) construction of entry and exit pits for underground services, and

(e) any other actions or activities that may result in adverse impacts to retained native vegetation

1. The total area of native vegetation permitted to be removed for 'Future Permit Application Area' is 3.581 hectares, as identified in '89 Ross Watt Road, Gisborne: Flora and Fauna Assessment (Nature Advisory, February 2025) (Table 7 and Figure 3), comprised of:

(a) 20 patches of native vegetation containing One (1) large tree; and

(b) 12 large, scattered trees.

1. To offset the removal of 3.581 hectares of native vegetation as identified in Native Vegetation Removal Report NAA_2025_002 (Stage 2), the permit holder must secure a native vegetation offset(s) that meets all the following:

(a) a general offset of 0.759 general habitat units located within the Port Phillip and Westernport Catchment Management Authority boundary or Macedon Ranges Shire Council municipal district;

(b) have a Strategic Biodiversity Value score of at least 0.273;

(c)

provide protection for at least 13 large trees; and

must be in accordance with the Guidelines for the removal, destruction or lopping of native vegetation (DELWP, 2017).

1. Before any native vegetation is removed, evidence that the required offset for the project has been secured must be provided to the satisfaction of the Responsible Authority. This evidence is one or both of the following:

(a) credit extract(s) allocated to the permit from the Native Vegetation Credit Register, and/or

(b) an established first party offset site including a security agreement to the required standard, signed by both parties, and a 10-year offset management plan to the satisfaction of the Department of Energy, Environment and Climate Action and approved by the Responsible Authority. The offset management plan must detail the 10-year management actions and ongoing management of the site. Every year, for ten years, after the Responsible Authority has approved the offset management plan, the applicant must provide notification of the management actions undertaken towards implementing the offset management plan to the Responsible Authority. An offset site condition statement, including photographs must be included in this notification.

A copy of the offset evidence will be endorsed by the Responsible Authority and form part of this permit. Within 30 days of endorsement of the offset evidence by the Responsible Authority, a copy of the endorsed offset evidence must be provided to the Department of Energy, Environment and Climate Action.

1. Prior to Certification, the Plan of Subdivision must be referred to Melbourne Water, in accordance with Section 8 of the Subdivision Act 1988 (Vic).
2. Prior to the commencement of works and certification of each stage of the subdivision, a Site Environment Management Plan ('SEMP') for each stage prepared by a suitably qualified professional must be submitted to and approved by Melbourne Water and the Responsible Authority. The SEMP must include:

(a) Detailed pollution and sediment control measures which ensure that pollution and sediment laden runoff is not discharged directly or indirectly into Melbourne Water's drains, waterways or tributaries.

(b) Vegetation management techniques.

(c) Access tracks.

(d)

Exclusion fencing around native vegetation and habitat.

Water diversion plans away from exposed soils, unvegetated areas and the tributary to Jacksons Creek whilst alluvial fan works are underway.

1. When approved, the SEMP(s) must be endorsed under the Planning Permit and all works during the construction phase must be undertaken in accordance with the SEMP(s) to the satisfaction of Melbourne Water and the Responsible Authority.
2. Delivery of the Conservation Management Plan ('CMP') January 2025 Report No. 21137.9 (1.8) must commence alongside Stage 1 of Permit Area 2 and must be implemented to the satisfaction of Melbourne Water and the Responsible Authority.
3. The applicant and/or appointed environmental contractor delivering the CMP must arrange site inspections with the relevant representative of the Waterways and Catchment Services- Maribyrnong Team at Melbourne Water (on 131 722 or enquiry@melbournewater.com.au) to inspect the progression and delivery of works of the approved CMP. The first site inspection must occur one month prior to the delivery of on-ground works of Autumn Revegetation as proposed in 'Table 4: Timing of management actions and timing' in the CMP. Site inspections must be carried out annually with the same representative for the remainder of the delivery of the CMP until it is completed to the satisfaction of Melbourne Water and the Responsible Authority.
4. Prior to the commencement of works, a separate approval from Melbourne Water is required for the proposed maintenance track and shared path. Please note any shared path must align with Melbourne Water's Shared Path Guidelines and be applied for here: https://www.melbournewater.com.au/building-and-works/apply-to-build-or-develop/shared-pathway
5. Prior to the certification of the first stage of the subdivision, an amended Stormwater Management Strategy (SWMS) for Permit Area 2 generally in accordance with the Alluvium report dated 8 July 2025, including RORB and MUSIC models, must be submitted to and approved by Melbourne Water and the Responsible Authority. The report must address the requested amendments of Melbourne Water's letter dated 23 January 2025 and 24 June 2025, specifically:

(a) Provide the following further information with regard to the discharge of flows down the tributary:

Analysis of the different flow levels - particularly low flows and the impact these will have on all reaches (1, 2 and 3) of the tributary.

Using the above analysis (i), provide recommendations on flow regimes, outfall structure height, and/or rockwork etc. that will ensure all reaches of the tributary (1, 2 and 3) are not impacted or erode from post development flows.

1. When approved, the SWMS must be endorsed under the Planning Permit and must be implemented to the satisfaction of Melbourne Water and the Responsible Authority.
2. Prior to the Certification for the first stage of the subdivision:

(a) Functional design for both the Alluvial Fan at the Jacksons Creek Outfall and the Outfall from the wetland retarding basin into the tributary as prepared by a suitably qualified person must be submitted to and approved by Melbourne Water and the Responsible Authority. This design must respond to condition 91 .a.i. and a.ii. above.

(b) Functional design for the Western Drainage Reserve (ultimate) sediment basin and wetland retarding basin as prepared by a suitably qualified person must be prepared to the satisfaction of the Responsible Authority. This design must:

1. respond to point condition 91 .a.i. and .a.ii. above;
2. be generally in accordance with the relevant concept plan contained in the endorsed SWMS; and
3. include the shared path proposed through this area.

When approved, the functional design plans will be endorsed and will then form part of the permit.

1. Prior to the Commencement of works for the first stage of the subdivision:

(a) Detailed design for both the Alluvial Fan at the Jacksons Creek Outfall and the Outfall from the wetland retarding basin into the tributary as prepared by a suitably qualified person must be submitted to and approved by Melbourne Water and the Responsible Authority. This design must respond to point condition 91.a.i. and .a.ii. above.

(b) Detailed design for the Western Drainage Reserve (ultimate) sediment basin and wetland retarding basin as prepared by a suitably qualified person must be prepared to the satisfaction of the Responsible Authority. This design must:

1. respond to condition 91 .a.i. and .a.ii. above;
2. be generally in accordance with the relevant concept plan contained in the endorsed SWMS; and
3. include the shared path proposed through this area.

When approved, the detailed design plans will be endorsed and will then form part of the permit.

1. Unless otherwise agreed in writing by the Responsible Authority, the following must be constructed in accordance with approved construction drawings to the satisfaction of the Responsible Authority:

(a) At Statement of Compliance for Stage 1 of Permit Area 2, interim sediment basin and wetland retarding basin delivery of the Western Drainage Reserve.

(b) At Statement of Compliance for Stage 1 of Permit Area 2, stabilisation works on the Alluvial Fan in Jacksons Creek Outfall.

(c) At Statement of Compliance for the stage associated with the 300th Subdivision Lot (in Permit Area 2), or if the Residential Village use has commenced, prior to the 139th Subdivision Lot (in Permit Area 2), ultimate sediment basin and wetland retarding basin delivery of the Western Drainage Reserve).

1. Prior to the issue of a Statement of Compliance for the first stage of the subdivision, a separate application for the alluvial fan works (or any works that create ground/soil disturbance or any earthworks in the waterway corridor) must be submitted to Melbourne Water for review and approval.
2. One month prior to the commencement of the Alluvial Fan works or any other ground disturbing works within 50m of Jacksons Creek, a qualified zoologist and/ or ecologist must undertake an inspection to determine any presence or evidence of Platypus along the 1.2km Jacksons Creek frontage of the property. A report of this inspection must be provided to Melbourne Water before any on ground works commence. If Platypus are observed inhabiting the area, all practicable measures and adjustments as directed by Melbourne Water must be taken to ensure that the alluvial fan works, and works associated with the SWMS and CMP are taken to ensure no adverse impacts occur to Platypus populations, individuals or their habitat.
3. All plans approved by Melbourne Water pursuant to this permit must be carried out to the satisfaction of Melbourne Water.
4. Prior to Certification, the Plan of Subdivision must show Melbourne Water's requested easements within the Jacksons Creek Conservation Reserve and adjoining Drainage Reserve vested to Macedon Ranges Shire Council to our satisfaction.
5. Prior to Certification, the Plan of Subdivision must show a minimum 20 metre easement measured from the centreline on both sides of the minor waterway/ drainage line that runs from the dam to Jacksons Creek/Gisborne Creek (in total 40 metres). The extent of the easement should run from the main outlet of the dam until it meets the easement along Jacksons/Gisborne Creek. The easement must be vested in favour of Melbourne Water Corporation for the purpose of MCPAA2741 wetland, floodway, drainage and stormwater quality management.

Prior to Certification, the existing 50 metre easement for Jacksons Creek must be updated to MCPAA2741 (for purpose of wetland, floodway, drainage and stormwater quality management), and kept in favour of Melbourne Water Corporation.

All new lots must be filled to Council's satisfaction to address 1 in 100 year flood levels associated with Council's local overland flooding, or 600mm above the 1 in 100 year flood level associated with Jacksons Creek, or proposed retarding basin/wetland, whichever is greater.

Prior to the issue of a Statement of Compliance of the first stage of the subdivision, the Owner shall enter into and comply with an agreement with Melbourne Water Corporation for the acceptance of surface and storm water from the subject land directly or indirectly into Melbourne Water's drainage system/and waterways, the provision of drainage works and other matters in accordance with the statutory powers of Melbourne Water Corporation.

Prior to the issue of a Statement of Compliance of the first stage of the subdivision, a separate application (on-line) must be made for any new or modified stormwater connection to Melbourne Water's waterways including any outlet to Jacksons Creek and the wetland outlet to the main tributary at 89 Ross Watt Road, Gisborne for assessment and approval. Evidence must be provided by Council regarding the legal point of discharge. Note: Fees and specific conditions will apply.

Storm water connections to waterways must be in accordance with the following Melbourne Water standards and guidelines:

• https://www.melbournewater.com.au/sites/default/files/Creek-enhancement-works-stormwater-outlet.pdf
• https://www.melbournewater.com.au/building-and-works/developer-guides-and-resources/standards-and-specifications/connectivity

1. The location of the Sewer Pump Station within approved Development Plan must not be changed without prior written consent from Melbourne Water.
2. Before the Statement of Compliance is issued, Melbourne Water requires evidence demonstrating that appropriate interim drainage solutions have been implemented to mitigate the risk to downstream landowners. Council acceptance of any temporary drainage infrastructure should be forwarded to Melbourne Water.
3. Stormwater drainage (internal) must be to the satisfaction of Council.
4. Alignment of roads and reserves with any adjoining estates must ensure continuity and provide uninterrupted conveyance of overland flows.
5. The development site is to make provision for overland flows from the upstream catchment utilising roads and/or reserves.

Any road or access way intended to act as a stormwater overland flow path must be designed and constructed to comply with the floodway safety criteria outlined in Section 8 of the Guidelines for Development in Flood Affected Areas (DELWP 2019), or where appropriate to Council's requirements and standards.

Utility Installation - No services are to be installed across the waterway without written approval by Melbourne Water.

Any damage to the bed and banks of the river must be repaired to the satisfaction of Melbourne Water. Note: Works will require a works on waterways permit from Melbourne Water.

Any proposed works must not impact on any significant native vegetation. Removal of any native vegetation must be in line with the Native Vegetation Framework and have approval from the relevant authorities.

Pollution and sediment laden runoff shall not be discharged directly or indirectly into Melbourne Water's drains or watercourses.

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

(a) The plan of subdivision for the first stage (Stage 9 as shown in Subdivision Layout Plan - Permit Two Area by Breese Pitt Dixon dated 1 September 2025, Drawing Ref. 7213_UD_SLP06_V24.3 and Subdivision Layout Plan - Permit Two Area by Breese Pitt Dixon dated 2 October 2025, Drawing Ref. 7213_UD_SLP06_V27, or as amended) is not certified within two years of the date of this permit.

(b) The plan of subdivision for the second to fourth stages (Stages 10 to 12 as shown in Subdivision Layout Plan - Permit Two Area by Breese Pitt Dixon dated 1 September 2025, Drawing Ref. 7213_UD_SLP06_V24.3 and Subdivision Layout Plan - Permit Two Area by Breese Pitt Dixon dated 2 October 2025, Drawing Ref. 7213_UD_SLP06_V27, or as amended) is not certified within four years of the date of this permit.

(c) The plan of subdivision for any remaining stages is not certified within five years of the date of this permit.

(d) The registration of the subdivision is not completed within five years of the date of the certification of the plan of subdivision.

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 time for certification of a plan for any stage.

APPENDIX B - PROCEEDING P324/2025 - PERMIT DESCRIPTION AND CONDITIONS

Construct a building or construct or carry out works associated with use of land for a residential village.

Remove, destroy, or lop native vegetation including dead native vegetation.

1. Before the development commences, amended plans drawn to scale to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The amended plans must be drawn to scale with dimensions, and an electronic copy must be provided. When approved, the plans will be endorsed and will then form part of this permit. The plans must be generally in accordance with the Architectural Plans prepared by MPS Architects dated 9 September 2025 (Project 3781, DA01 to DA05, DA11 to DA34), and DKO Architecture (Project 000123832 Drawings DA000, DA001, DA200, DA201, DA300, DA301, DA401, DA402, DA403 and DA404) dated 10 July 2025, but modified as relevant to show:

(a) the architectural Plans prepared by MPS Architects DA36, DA37, DA39, DA47 and DA49 dated 9 October 2025 (Option B2 plans) with further modifications as follows:

1. Building layouts altered to sit outside of the Tree Protection Zone ('TPZ') areas of Trees 28 and 29.
2. Identify a TPZ for Tree 30.

Signage plans to be submitted in accordance with Clause 52.05 and the Signage and Line Marking Plan prepared by One Mile Grid dated 28 August 2025 (Drawing No. SLM600, revision A).

Amended floor plans to clearly demonstrate front loaded (attached) dwellings are able to accommodate four (4) bins for waste collection, with dimensions.

Amended elevation plans to show a detailed schedule of materials and finishes provided for each dwelling design.

Elevation plans to be provided for all side and rear elevations of dwellings.

Include a Colourbond (or other non-combustible) fence along the boundary with the Southern Rural Water land, consistent with the approved Gisborne Area 1 Development Plan Version K.

Review the lot configuration adjoining the primary green link to improve the shape and function of the green link.

Remove the word "roofed" on the notation on the Plan of Development in relation to allowable encroachments.

Car parking dimensions adjacent to the clubhouse to be included within a separate to scaled and dimensioned car parking plan in accordance with Clause 52.06. The car parking plan to include the location of accessible car spaces and meet the requirements of AS 2890.6:2022.

Designated loading areas included on the site plan/s. Loading areas must be separate to accessways and designated car parking spaces.

Designated waste areas for communal buildings included on site plan/s. Waste areas are to be concealed and provide adequate access for private waste collection.

(b) A Landscape Plan in accordance with Condition 4.

(c) A Waste Management Plan in accordance with Condition 8.

(d) An Emergency Management Plan in accordance with Condition 10.

(e) A Tree Protection Management Plan in accordance with Condition 39.

(f) A Conservation Management Plan in accordance with Condition 43.

1. Commensurate with plans submitted in accordance with condition 1, a Bushfire Prone Area Response Plan must be prepared by a suitably qualified person and endorsed by the Responsible Authority. Once submitted to be endorsed, the plan must not be altered unless approved in writing by the Responsible Authority. The plan must include the following:

(a) Defendable space shown wholly within the subject land.

(b)

How dwellings will be sited to achieve a maximum potential radiant heat exposure of not more than 29kW/m2.

How dwellings will be designed and constructed to achieve compliance with AS3959-2018 Construction of Buildings in Bushfire Prone Areas (Standards Australia, 2018).

How landscaping will be addressed to manage bushfire risk.

1. The use and development permitted by this permit as shown on the endorsed plans and/or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the Responsible Authority.

1. Before the development starts, a landscape plan must be approved and endorsed by the Responsible Authority. The landscape plan must be generally in accordance with the plans marked 'Gisborne Clubhouse Landscape Concept' prepared by DKO dated 2 April 2025 (Project 00123832, DA131, DA201 to DA205, DA302, DA401 to DA407, DA500 to DA502) and must:

(a) be prepared to the satisfaction of the Responsible Authority,

(b) be prepared by a suitably qualified person,

(c) have plans drawn to scale with dimensions,

(d) be submitted to the Responsible Authority in electronic form, and

(e) include the following:

1. Layout of landscaping and planting within all open areas of the subject land, amended to accord with development plans in condition 1.
2. A survey (including botanical names) of all existing vegetation to be retained and/or removed.
3. Buildings and trees (including botanical names) on neighbouring properties within three metres of the boundary.
4. Details of surface finishes of pathways and driveways
5. A planting schedule of all proposed native trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant. Indigenous vegetation must be the primary plant species planted for all landscape plans associated with public open space areas, storm water catchment areas and road reserves.
6. Details of how the design responds to water sensitive urban design principles, including how stormwater will be mitigated,

captured, cleaned and stored for onsite use and the location and type of irrigation systems to be used including the location of any rainwater tanks to be used for irrigation.

Details of how the design will address any bushfire risk mitigation measures, consistent with condition 2.

1. Details of how TPZ areas to Trees 28, 29 and 30 are to be managed. This should accord with the Tree Protection Management Plan required in condition 39 and include consideration of any fencing needed to address loitering distances as identified in Appendix A of the approved Gisborne Area 1 Development Plan - Version K.

The Responsible Authority may consent in writing to vary any of these requirements.

1. Unless with the prior written consent of the Responsible Authority, before the occupation of each stage of development, the landscaping works shown on the endorsed plans must be carried out, completed and thereafter maintained to the satisfaction of the Responsible Authority.
2. At all times the landscaping shown on the approved landscape plan must be maintained (including the replacement of any dead, diseased or damaged plants) to the satisfaction of the Responsible Authority.

1. Except with the prior written approval of the Responsible Authority the accommodation in the residential village must not be leased or made available on a temporary basis for any period less than six (6) months to the satisfaction of the Responsible Authority.

1. Before the development starts, a waste management plan generally in accordance with the Waste Management Plan by One Mile Grid dated 11 February 2025 must be approved and endorsed by the Responsible Authority. The waste management plan must:

(a) Be prepared to the satisfaction of the Responsible Authority.

(b) Be submitted in electronic form.

(c) Include the following:

1. anticipated volumes of waste and recycling that will be generated and how they are determined;
2. the type and number of waste bins (including communal bins around the clubhouse);
3. the type and size of trucks required for waste collection;

a plan detailing adequate areas for waste bin storage and collection for the required type and number of bins (including communal and commercial waste and recycling bins);

SWEPT path analysis generally in accordance with the drawing number SPA600 (revision B) prepared by One Mile Grid dated 11 February 2025;

amended SWEPT path diagrams to widen the internal road network for the turning; and

confirmation there will be enough clearance for the lifter to lift the bin up and not hit any of the development.

The Responsible Authority may consent in writing to vary these requirements.

1. Waste management and collection must be carried out in accordance with the requirements of the approved and endorsed waste management plan to the satisfaction of the Responsible Authority.

1. Before the development starts, an Emergency Management Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must include, but not be limited to the following:

(a) Notification procedures for all residents for all emergencies.

(b) Emergency response procedures.

(c) Evacuation plan/s.

(d) Plans demonstrating that an emergency services vehicle can adequately move through the site, including turning around.

(e) Specific to bushfire threat:

1. the provision of information to residents when the bushfire forecast is to be elevated; and
2. the dwelling occupants regularly receiving instructions on the evacuation procedure for the site, such as, but not limited to the importance of retreating two streets back from the interface during a bushfire.

1. Prior to the commencement of works, a contours plan for the land from a suitably qualified consultant to demonstrate that the extent of cut and fill

near trees to be retained and title boundaries (SRW in particular) has been maintained. The plan must be submitted and approved to satisfaction of the Responsible Authority. The plan upon endorsement will form part of the Planning Permit.

1. Prior to the commencement of works, a cut and fill balance concept plan under for the land, with the objective of minimising and to the extent practicable avoiding fill export from the land, must be submitted and approved to the satisfaction of the Responsible Authority. The plan upon endorsement will form part of the Planning Permit.

1. All filling on the site must be carried out, supervised, completed, and recorded in accordance with AS 3798 (Guidelines on earthworks for commercial and residential developments) to specifications to the satisfaction of the Responsible Authority. The geotechnical consultant/contractor responsible for supervision and testing under this condition must be independently engaged by the applicant and not be engaged by the contractor carrying out the works.

Before the issue of a Statement of Compliance, unless otherwise agreed in writing by the Responsible Authority, compaction test results and a report must be provided to the satisfaction of the Responsible Authority. No fill may be exported from the land, except in accordance with a cut and fill balance plan approved by the Responsible Authority.

1. Before the use starts, the area(s) set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be generally in accordance with the Signage and Line Marking Plan prepared by One Mile Grid dated 28 August 2025 (Drawing Number SLM600) and:

(a) Constructed in concrete or asphalt to the satisfaction of the Responsible Authority.

(b) Properly formed to such levels that they can be used in accordance with the plans.

(c) Surfaced with an all-weather sealcoat or treated to the satisfaction of the Responsible Authority to prevent dust and gravel being emitted from the site.

(d) Drained and maintained.

(e) Clearly marked to show the direction of traffic along access lanes and driveways to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways must be kept available for these purposes at all times, to the satisfaction of the Responsible Authority.

Before the use starts, signs must be provided directing drivers to the areas set aside for car parking to the satisfaction of the Responsible Authority. The area of each sign must not exceed 0.3 square metres. At all times, the sign/signs must be located and maintained to the satisfaction of the Responsible Authority.

Before the use starts, protective kerbs to prevent damage to fences or landscaped areas must be provided to the satisfaction of the Responsible Authority.

Any security boom, barrier, card reader or similar device controlling vehicular access to the land must be located a minimum of six metres inside the property to allow vehicles to store clear of the adjoining street network_._ The Responsible Authority may consent in writing to vary this requirement.

The loading and unloading of goods from vehicles must only be carried out on the land within the designated loading bays and must not disrupt the circulation and parking of vehicles on the land, to the satisfaction of the Responsible Authority.

Areas set aside for the parking and movement of vehicles as shown on the endorsed plan must be made available for such use and must not be used for any other purpose. Cars must not be parked over any kerb or road verge in a manner that obstructs the movement of any car or waste collection vehicle to the satisfaction of the Responsible Authority.

The minimum sight line for pedestrian safety must be provided at the exit lane frontage so as to accord with Clause 52.06-9 of the Macedon Ranges Planning Scheme.

1. The location and details of the signs, and any supporting structure, as shown on the endorsed plans, must not be altered without the written consent of the Responsible Authority.
2. The signs must not be animated or contain any flashing or intermittent light.
3. The sign lighting must be designed, baffled and located to prevent any adverse effect of light spill on adjoining land to the satisfaction of the Responsible Authority.
4. The signs, including the structure and content, must be constructed and maintained to the satisfaction of the Responsible Authority.

Department of Energy, Environment and Climate Action (DEECA)

1. Before works start, the permit holder must advise all persons undertaking the vegetation removal works on site of all permit conditions pertaining to native vegetation protection.

1. Before works start, a native vegetation protection fence must be erected to protect all native vegetation to be retained within 15 metres of the works area. This fence must be erected at:

(a) A radius of 12 times the diameter of any tree trunk, measured at a height of 1.4 metres above ground level, to a maximum of 15 metres but no less than 2 metres from the base of the trunk of the tree.

(b) To protect patch(es) of native vegetation not containing trees at a minimum distance of 2 metres from any retained native vegetation.

(c) The fence must be constructed of star pickets and paraweb or similar, to the satisfaction of the Responsible Authority and the Department of Energy, Environment and Climate Action. The protection fence must remain in place until all works are completed to the satisfaction of the department.

1. Except with the written consent of the department, within the area of native vegetation to be retained and any tree protection zone associated with the permitted use and/or development, the following is prohibited:

(a) vehicular or pedestrian access;

(b) trenching or soil excavation;

(c) storage or dumping of any soils, materials, equipment, vehicles, machinery or waste products;

(d) construction of entry and exit pits for underground services; or

(e) any other actions or activities that may result in adverse impacts to retained native vegetation.

1. Before any native vegetation is removed, evidence that the required offset for Stage 2 of the Native Vegetation Removal report, Report ID: NAA_2025_002 has been secured must be provided to the satisfaction of the Responsible Authority. This evidence is one or both of the following:

(a) credit extract(s) allocated to the permit from the Native Vegetation Credit Register, and/or

(b) an established first party offset site including a security agreement to the required standard, signed by both parties, and a 10-year offset management plan to the satisfaction of the Department of Energy, Environment and Climate Action and approved by the Responsible Authority. The offset management plan must detail the 10-year management actions and ongoing management of the site. Every year, for ten years, after the Responsible Authority has approved the offset management plan, the applicant must provide notification of the management actions undertaken towards implementing the offset

management plan to the Responsible Authority. An offset site condition statement, including photographs must be included in this notification.

A copy of the offset evidence must be endorsed by the Responsible Authority.

1. Within 30 days of endorsement of the offset evidence by the Responsible Authority, the permit holder must provide a copy of the endorsed offset evidence to the Department of Energy, Environment and Climate Action at pe.assessment@deeca.vic.gov.au.

1. Unless otherwise agreed in writing by the Head, Transport for Victoria, interim Functional Layout Plans showing the interim signalised intersection works proposed at Station Road and Ross Watt Road must be submitted to and approved by the Head, Transport for Victoria prior to the later of the following occurring:

(a) the commencement of any buildings or works associated with the Residential Village approved by this permit; and

(b) a Statement of Compliance being issued for the stage containing the 460th lot on the land that is subject to Planning Permit PLN/2024/365.

(c) The interim Functional Layout Plans must be generally in accordance with the plans prepared by One Mile Grid, dated 10/09/2024 and annotated CLP1004, Revision C, but modified to clearly show:

1. the installation of traffic signals at the intersection of Station Road and Ross Watt Road;
2. swept paths for the largest design vehicle (including clearances) and check vehicles, in accordance with current Austroads Guidelines;
3. V3 flag lighting in accordance with AS 1158; and
4. all existing and proposed relocated services, line marking, signage, and associated infrastructure.

1. Unless otherwise agreed in writing, prior to the commencement of any works within the arterial road, a public lighting layout (in accordance with AS 1158) and a traffic signal layout, including proposed signal phasing, must be submitted to and approved by the Head, Transport for Victoria.
2. Unless otherwise agreed in writing by the Head, Transport for Victoria, the following works must be completed to the satisfaction of, and at no cost to, the Head, Transport for Victoria prior to the later of the following occurring:

(a) commencement of use of the Residential Village pursuant to this permit; and

(b)

prior to a Statement of Compliance being issued for the stage containing the 460th lot:

1. signalisation of the intersection of Station Road and Ross Watt Road;
2. provision of intersection lighting in accordance with AS 1158; and
3. Any other associated intersection works required by the Head, Transport for Victoria.

1. Prior to the traffic signals at the intersection of Station Road and Ross Watt Road becoming operational, the permit holder must complete and submit a Memorandum of Authorisation to the satisfaction of and for signing by VicRoads, permitting the installation of the traffic signals and any other approved major traffic control devices.

1. Before works start, the permit holder must advise all persons undertaking the vegetation removal or works on-site of all relevant permit conditions and associated statutory requirements or approvals.
2. Only vegetation within the development footprint is to be removed/disturbed, as per the endorsed site plans provided to Council. No other vegetation (including trees, shrubs, grasses and herbs) shall be removed, damaged, destroyed, felled, lopped or uprooted unless with the prior written consent of the Responsible Authority.
3. All construction and maintenance equipment, earth moving equipment and associated machinery must be made free of soil, seed and plant material before being taken to the works site and again before being removed from the works site to the satisfaction of the Responsible Authority. This is to help prevent the spread of noxious weeds listed under the Catchment and Land Protection Act 1994 (Vic).

1. Logs and woody debris must be retained as much as feasible as this provides valuable habitat for native fauna species. Decomposing logs, woody debris and organic litter also provide nutrients back into the soil and help stabilise soils.

1. Before the development starts, tree protection fencing must be erected around any trees identified for retention on the approved and endorsed plans in accordance with the approved vegetation management plan and Australian Standard AS4970-2009 - Protection of Trees on Development Sites, to the satisfaction of the Responsible Authority.

1. A Tree Protection Management Plan TPMP must be prepared in accordance with AS 4970-2009 Protection of Trees on Development Sites by a suitably qualified arborist (minimum AQF Level 5 with a minimum of five years demonstrated tree assessment experience) to the satisfaction of the Responsible Authority.

1. A service plan must be submitted which includes the following:

(a) A plan (to scale) which illustrates the location of all proposed and existing below ground services.

(b) Depth and installation requirements of all services, not limited to water, electrical, communication, gas, septic systems (effluent field(s), septic tank and connecting pipes), storm water, driveways, culverts, landscaping, gravel paths, internal roads, buildings, garden beds and any landscape structures.

(c) Method(s) to install underground services (note: directional boring is the required method within the tree protection zone of any tree and patches of vegetation to be retained).

(d) The tree protection zone of any tree and any vegetation to be impacted must be mapped on this plan.

A level 5 arborist must review the plan and provide a formal written report if any tree is impacted by this proposal.

1. Prior to the commencement of works, the applicant must submit for approval an estimate of probable costs for all revegetation and weed management works. This estimate will be used to ensure the proposed works, maintenance program, and weed management are consistent with Council standards and to calculate a 30% Revegetation Landscape Maintenance Liability bond to be returned when revegetation is complete or otherwise agreed with the Responsible Authority.

1. Before on-ground works commence, an environmental management plan for the construction and operation of the development which is to the satisfaction of the Responsible Authority is to be developed. When approved, the plan is to be endorsed and will then form part of the permit. The development must be conducted in accordance with the endorsed plan. The environmental management plan is to include but is not limited to:

(a) Laydown areas.

(b) Chytrid Fungus Management Plan.

(c)

Overview of construction methods including management zones and construction zones, no-go zones, site preparation, access, construction activities, schedule and timing of works, and contractor briefing.

Information on topsoil specifications, if imported - must be weed free and local.

Management structure and roles including an environmental audit process.

Environmental considerations; management of and/or mitigation of impacts on:

1. surface water pollution;
2. erosion and sediment;
3. waterway crossings;
4. terrestrial ecology;
5. aquatic ecology;
6. land management, reinstatement and rehabilitation;
7. visual impacts;
8. dust, odour and air quality;
9. noise and vibration;
10. waste management;
11. hazardous materials;
12. environmental incidents and emergencies;
13. fire hazards;
14. native vegetation management; and
15. tree management.

1. Prior to certification of the first stage, a Conservation Management Plan must be provided generally in accordance with the Conservation Management Plan prepared by Nature Advisory dated January 2025. The plan must include:

(a) A more specific revegetation list that includes:

1. locations of revegetation, including waterway species and waterway plan;
2. pot sizes;
3. protection methods; and

(b) Habitat hollows from approved removed trees within the development must be strategically placed within areas highlighted for conservation (to the satisfaction of the Responsible Authority).

(c) Interpretation signage must be included at start of shared path.

(d) Sign outlining: 'Conservation Area - all dogs on leads.'

(e) Maintenance access track must be included. Include track design (gravel track) and revegetation to stabilise accommodating steep gradients.

(f) Provision for a gate and lock.

(g) Interpretation signage must be included at start of gravel maintenance track. 'Authorised access only'.

(h) Include erosion control measures after weed control.

(i) Include detail of the following management actions:

1. Strict annual and handover requirements prior to handover (to be handed to Council in satisfactory condition - including a Practical Completion Report which includes the following (but is not limited to):
   • A timetable of the maintenance activities, including:
     • erosion control;
     • watering;
     • timing and frequency of weed control;
     • method/s of weed control for each species; and
     • replanting schedule.
   • A timetable of works during the three-year maintenance period, e.g. weed management, replacement of stakes and guards and replanting.
   • A plant species list of all indigenous, and targeted weed plant species.
   • A table of the following Practical Completion benchmarks must be included and approved by the Responsible Authority:
     • 95% success rate on all revegetation, and 95% reduction of all weeds onsite;
     • planting should incorporate protection of the plants to maximise their establishment including tree guards and stakes;

all plants are healthy, established plants with the majority growing above the guards;

the developer must replant failed, damaged or stolen plants as soon as practicable after identification of loss. Planting can be carried out at any time of the year apart from summer, and is subject to ambient weather and availability of suitable species. The bulk of the planting program is to be expected to be completed during the period of late autumn to early spring. Preparations for planting should be completed well in advance of this period;

application of chemicals shall only be carried out by operators holding an approved certificate or an operator supervised by a certificate holder in addition, must be experienced and responsible in the application of chemicals in public places; and

council will inspect the works thereafter at intervals throughout the maintenance period however must be notified in writing three months prior to the end of the maintenance period to schedule a final site inspection. Any defects identified during the final inspection will be detailed and forwarded to the applicant for rectification. The developer must undertake rectification works if the site has not been maintained to Council's satisfaction. Final hand over will occur with the developer providing Council with the maintenance history of the site.

1. Before the start of works, Engineering Plans must be submitted to and approved by Responsible Authority as relevant. The plans must include:

(a) All necessary computations and supporting design documentation for any structure, civil and drainage infrastructure, and a geotechnical investigation report.

(b) Details of any cut and fill earthworks including retaining walls.

(c) Provision for all proposed publicly owned services and conduits (underground) including alignments and offsets. Any proposed publicly owned underground utility services are to be shown on the section drawings.

(d) Survey details of the canopy trunk location and size of trees to be retained and associated tree protection zone. Any trees proposed for removal from the site (including dead trees) clearly designated.

(e)

Permanent survey marks, levelled to the Australian Height Datum and coordinated to the Australian Map Grid.

The development, as a whole, provided with a legal point of discharge approved by the Responsible Authority and any other statutory authority from which approval must be received for the discharge of drainage.

Detailed design of the site stormwater drainage system. The design must be supported by longitudinal sections with hydraulic grade line analysis.

Flow paths of the 1% AEP storm event need to be determined and the development designed such that no private property is inundated.

Details to confirm how pedestrian and vehicle access points will connect to the adjacent public road system.

1. Prior to the occupation of each stage of the approved development, all works shown on the approved Engineering Plans must be constructed or carried out all to the satisfaction of the Responsible Authority.
2. Prior to the occupation of each stage of the approved development, the areas set aside for the parking of vehicles and access driveways as shown on the endorsed plans must be:

(a) Constructed in concrete or asphalt to the satisfaction of the Responsible Authority.

(b) Properly formed to such levels that they can be used in accordance with the plans.

(c) Drained and maintained.

(d) Marked to indicate each car space and all access lanes.

(e) Clearly marked to show the direction of traffic along access lanes and driveways.

1. All land to be filled and to be used for a dwelling must be filled and compacted in accordance with Australian Standard AS3798:2007. The results of the tests must be produced and be to the satisfaction of the Responsible Authority.
2. No polluted and/or sediment laden runoff 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 Civil Construction Building and Demolition Guide - Publication 1834.2 September 2025, to the satisfaction of the Responsible Authority.

1. The use permitted by this permit must not, in the opinion of the Responsible Authority, adversely affect the amenity of the locality by reason of the processes carried on; the transportation of materials, goods or commodities

to or from the subject land; the appearance of any buildings, works or materials; the emission of noise, artificial light, vibration, smell, fumes, smoke vapour, steam, soot, ash, dust, waste water, waste products, grit, or oil; the presence of vermin, or otherwise.

External lighting must be designed, baffled and located so as to prevent any adverse effect on adjoining land to the satisfaction of the Responsible Authority.

1. All pipes, fixtures, fittings, ducts and vents servicing any building on the land, other than storm water down pipes and gutters above the ground floor storey of the building, must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority.
2. Any equipment required for refrigeration, air-conditioning, heating and the like must be suitably insulated for the purpose of reducing noise emissions and must be located so as to not be highly visible from the street to the satisfaction of the Responsible Authority.

1. All activities associated with the construction of the development permitted by this permit must be carried out to the satisfaction of the Responsible Authority and all care must be taken to minimise the effect of such activities on the amenity of the locality.

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

(a) The development is not started within three (3) years of the issued date of this permit.

(b) The development is not completed within five (5) years of the issued date of this permit.

(c) The use does not start within three (3) years of completion of the development.

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.

[2] 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.

[3] 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.

[4] ID Ross Watt Road Pty Ltd v Macedon Ranges SC [2025] VCAT 1060.

[5] Parties agreed that clause 54 provisions, prior to Amendment VC282 should be used relying on the transition provisions of clause 32.08.

[6] The number varied between different mark up drafts provided.

[7] Tribunal Book Volume 1 Page 1398 onward.

[8] AEP refers to the probability each year of a certain size flood event being exceeded and reinforces that there is an ongoing flood risk every year.