(a) The plan of the subdivision to ensure the design of the vehicle access is consistent with the Bushfire Management Plan.

(b) The Native Vegetation Assessment report to document the existing trees located on Lot 2, including on maps 1 & 2.

(c) Native vegetation removal plan in accordance with DEECA condition 14 on this permit.

(d) An amended Bushfire Management Plan:

• Defendable space applied to the entirety of Lot 1 and Lot 2.
• The trees to be retained on Lots 1 & 2 - which must be consistent with the diagram titled 'Defendable Space Requirements' and presented as Map 2 of the report prepared by ID Ecological Management titled 'Native Vegetation Assessment.
• Modification to the vegetation management condition(s) to exclude retained trees on Lot 1 and Lot 2 from the requirement to comply with the 5-metre tree canopy separation requirement.
• Modification to the water supply conditions to reflect that the requirement applies to the future dwelling on Lot 1 only.
• Modification to the access conditions to require the provision of access to the dwelling (in addition to the static water supply).

1. The subdivision as shown on the endorsed plan must not be altered or modified except with the written consent of the Responsible Authority.
2. The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity and gas (where it is proposed to be connected) services to each lot shown on the endorsed plan in accordance with the authority's requirements and relevant legislation at the time.
3. All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created.
4. The plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of the Act.

(a) The owner of the land must enter into an agreement with:

1. 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
2. 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.

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

1. a telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider's requirements and relevant legislation at the time; and
2. a suitably qualified person that fibre ready telecommunication facilities have been provided 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. 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 has been issued and the subdivision authorised by this permit has been completed.

1. Prior to the issue of a Statement of Compliance, the following conditions must be complied with to the satisfaction of the Responsible Authority:

(a) The driveway crossover must be constructed generally in accordance with Councils Standard Drawing IDM SD 255.

(b) The crossover design and construction must achieve compliance with the Stopping Sight Distances stated in the Sight Distance Assessment Report prepared by O'Brien Traffic, ref 24333, dated 22 May 2023.

1. Before the statement of compliance is issued under the Subdivision Act 1988 the owner must enter into an agreement with the responsible authority under Section 173 of the Planning and Environment Act 1987. The agreement must:

(a) State that it has been prepared for the purpose of an exemption from a planning permit under Clause 44.06-2 of the South Gippsland Planning Scheme.

(b) Incorporate the plan prepared in accordance with Clause 53.02-4.4 of this planning scheme and approved under this permit.

(c) State that if a dwelling is constructed on the land without a planning permit that the bushfire protection measures set out in the plan incorporated into the agreement must be implemented and maintained to the satisfaction of the responsible authority on a continuing basis.

The land owner must pay the reasonable costs of the preparation, execution and registration of the Section 173 Agreement.

1. The Bushfire Management Plan by Fire Risk Consultants, Version 2 dated 13/06/2023, must be endorsed by the Responsible Authority, and be included as an annexure to the section 173 agreement prepared to give effect to clause 44.06-5 of the Planning Scheme, and must not be altered unless agreed to in writing by CFA and the Responsible Authority.
2. Prior to certification under the Subdivision Act 1988 a building envelope must be shown on title for the proposed Lot 1, be in the location generally as shown on the proposed plan of subdivision, Ref: 2200599 - Version 04 dated 23/05/2023, and restrict the construction of a dwelling to no less than 10m from the proposed eastern boundary, unless otherwise agreed by CFA and the responsible authority in writing.
3. 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.
4. Before the removal of native vegetation, a plan showing the permitted removal of native vegetation must be approved and endorsed by the Responsible Authority. The plan must:

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

(b) be generally in accordance with the plan titled 'Defendable Space Requirements' (Map 2, ID Ecological Management, May 2025) forming part of the application.

1. The permitted use and development must be carried out and implemented in accordance with the endorsed plan at all times to the satisfaction of the Responsible Authority.
2. Within any tree protection zone to be protected in a plan(s) endorsed under this planning permit, written consent of the Responsible Authority must be provided for:

(a) trenching or soil excavation;

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

(c) entry and exit pits for the provision of underground services; and

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

1. To offset the permitted clearing of native vegetation shown in plan(s) endorsed under this planning permit, the permit holder must secure an offset in accordance with the Guidelines for the removal, destruction or lopping of native vegetation (DELWP 2017) as it is shown in the Native Vegetation Removal Report (Reference: 361_20250721_RVK) supplied with the application.

(a) a general offset of 0.078 general habitat units:

1. with a minimum strategic biodiversity score of at least 0.2485; and
2. located within the West Gippsland Catchment Management boundary or South Gippsland municipal area.

1. Before any native vegetation is removed or the issue of a statement of compliance under the Subdivision Act 1988 (whichever occurs first), evidence that the required offset by this permit for the project has been secured must be provided to the satisfaction of the Responsible Authority.

This evidence must be a credit extract allocated to the permit from the Native Vegetation Credit Register.

A copy of the offset evidence will be endorsed by the Responsible Authority and form part of this permit.

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

(a) The subdivision is not certified within two (2) years of the date of this permit; or

(b) The registration of the subdivision is not completed within five (5) years of the date of certification.

The Responsible Authority may extend the periods referred to in accordance with Section 69 of the Planning and Environment Act 1987, if a request is made in writing.

[1] The submissions and evidence of the parties, any supporting exhibits given at the hearing and the statements of grounds filed have all been considered in the determination of the proceeding. In accordance with the practice of the Tribunal, not all of this material will be cited or referred to in these reasons.