1. The Central Goldfields Planning Scheme ('scheme') identifies key settlements including Talbot to which new residential development is directed. Talbot is described as a 'local community centre'.[4]
2. Clause 2.03-6 identifies that 'Rural living bordering each town in the Shire presents numerous opportunities for housing. Further provision of land zoned Low Density Residential Zone in serviced areas near Maryborough and Carisbrook will be explored to meet future housing demand.' The strategic framework plan[5] places a Rural living marker just to the east of Talbot.
3. Clause 11.01-1L seeks to 'Provide low density and rural living opportunities around the periphery of Maryborough and other centres where they do not conflict with natural resource constraints.'
4. The applicant submitted that the support for rural living around townships included the area in which the review site sits. I disagree. There is a large swathe of land zoned Rural Living ('RLZ') that extends to Mcleods Road, but not to the review site (Figure 2). The encouragement of low density and rural living opportunities within the policy framework is reflected in the zoning of land expressly for this purpose. The fact that the site has similar topographical or other characteristic to the nearby RLZ land as identified by the applicant does not make it suitable for residential land use. The scheme setting is different for the reviews site.
5. The review site is included within the RCZ. Within the RCZ the minimum lot size is 40 hectares and a permit is required to use the land for a dwelling regardless of the land size. The zone purposes are:
   • To implement the Municipal Planning Strategy and the Planning Policy Framework.
   • To conserve the values specified in a schedule to this zone.
   • To protect and enhance the natural environment and natural processes for their historic, archaeological and scientific interest, landscape, faunal habitat and cultural values.
   • To protect and enhance natural resources and the biodiversity of the area.
   • To encourage development and use of land which is consistent with sustainable land management and land capability practices, and which takes into account the conservation values and environmental sensitivity of the locality.
   • To provide for agricultural use consistent with the conservation of environmental and landscape values of the area.
   • To conserve and enhance the cultural significance and character of open rural and scenic non urban landscapes.

1. The emphasis in the RCZ is to 'conserve' and 'protect' rather than to anticipate change. In this particular RCZ the conservation values set out within the schedule are:
   • Sustainable land management in water supply catchment areas.
   • The protection of water quality, particularly in the Loddon catchment.
   • The protection of the remaining vegetation, the encouragement of revegetation and the prevention of degradation of State forests.
   • The sustainable management of land and water resources including the prevention of salinity and erosion and the maintenance of water quality and quantity to ensure increased productivity and a healthy catchment.
2. The zone includes a number of decision guidelines as they relate to environmental issues and accommodation. These guidelines seek to ensure that an assessment is undertaken of the likely impact on the biodiversity of the area, how the use and development relates to sustainable land management, whether the dwelling will result in the loss or fragmentation of productive agricultural land and the location of on site effluent disposal areas to minimise the impact on waterways and native vegetation.
3. The zone is directed towards protecting and enhancing the natural environment and encourages development and use that is consistent with sustainable land management and land capability practices. The conservation values within the schedule are directed to water quality, vegetation protection and management of salinity and erosion. In addition, this site is affected by specific overlays that require attention to these environmental considerations.
4. The scheme also contains policies for environmental and landscape values and environmental risks and amenity. The scheme notes that 'Natural environmental hazards including bushfire, land degradation and flooding present risks and constraints for land use and development in Central Goldfields Shire.'[6]

41.1 the proposal is not supported by the purpose and decision guidelines of the RCZ, nor by relevant policy in the Scheme relating to settlement, housing, protection of environmental and landscape values and management of risks;

• 41.2 the Permit Application does not sufficiently demonstrate how the use and development of a dwelling would support restoration and revegetation of the Subject Land or achieve other positive environmental outcomes; and
• 41.3 the establishment of a dwelling has the potential to unacceptably impact the environmental values of the Subject Land.

1. However, the Council's submission was that:
   1. Council does not intend to make any substantive submissions to the Tribunal. As outlined above, Council neither supports nor opposes the planning officer's views and is content for the Tribunal to determine the Permit Application as it sees fit.
2. The applicant submitted that the proposal would result in improvements to the site that will be facilitated by the proposed dwelling. The applicant submitted that 'it is proposed that the site be developed on the basis that it provides an amelioration to the soil, water and climate impact risks on site and to improve and protect the very high biodiversity on site.'
3. The application relies on a land management plan prepared by NRLinks Pty Ltd (extract at Figure 3) which proposes:
   • The creation of a fenced domestic zone which will contain the dwelling and associated activities.
   • Use of the existing crossover and access track;
   • A conservation zone which seeks to protect existing native vegetation to the north of the dwelling site (no tree removal is proposed) and allow its enhancement over time;
   • A Dam zone and waterway enhancement including works to the existing dam to better manage drainage and erosion; and
   • Weed and pest control.

1. As part of the management plan, photo points are to be established and images collected each year to understand how the conservation area is responding to management.
2. In addition to the above the application was accompanied by a Geotechnical assessment[7] and a salinity assessment[8] and a Tier 2 wastewater assessment.

1. The subdivision pattern within this area is well below the 40 hectares specified in the zone. The review site is 3.92 hectares within a pattern of similar lot sizes (see Figure 2). There are dwellings constructed on the lots to the west that have frontage to Mcleods Road. At the hearing it was also identified that Council had approved a permit for a dwelling on the land to the east at 75 Wattle Gully Road.[9] This approval has expired but is currently under consideration for an extension of time. Despite these existing dwellings, I find that this is not an area where the values of the zone have been eroded by extensive rural living approvals.
2. The dwelling design is modest, located down the slope, utilising the existing access and with good setbacks from site boundaries including the setback sought by the catchment management authority to the main waterway along the road reserve. The Tier 2 wastewater assessment finds that the site is medium risk[10] and is supported by the relevant authorities. I am satisfied that the water supply catchment can be protected and that wastewater can be accommodated on site and treated to a suitable level subject to conditions consistent with the purposes of the zone and the policy at Clause 14.02-2L.
3. The salinity report found no definitive indicators of dryland salinity on the review site. Ongoing salinity management is addressed in the land management plan consistent with the Salinity Management Overlay.
4. Erosion management concerns around the house site and access have been addressed through the provision of a geotechnical report as required by the schedule to the Erosion Management Overlay. The report makes recommendations as to site excavation, earthworks and slope stability which will be subject to further detailed design at the dwelling construction phase. Council submitted that this report may require updating as a result of the new Tier 2 assessment, but I am satisfied that it is sufficient to reference the existing report.
5. In respect of the decision guidelines for accommodation uses within the zone, I accept that the dwelling will not result in the loss or fragmentation of productive agricultural land given that this land is identified as of poorer agricultural quality and affected by erosion and salinity. There also appears to be limited agricultural activities on adjacent and nearby land, limited to dryland farming and grazing activities that may be affected by the proposed dwelling. There were no nearby extractive industry or mining operations identified.
6. Bushfire Management Concerns have been addressed to the satisfaction of the Country Fire Authority, the defendable space is limited in extent. Clearing of the native vegetation will not be required to accommodate the dwelling, outbuildings/ water tanks, the defendable space around the dwelling and along the existing access track.
7. The satisfaction of the above measures demonstrates that the objectives of the individual overlays and those conservation values within the zone directed at catchment protection can be addressed.
8. I note that the applicant submits that the provision of a dwelling on this lot will make the undertaking of land management easier due to a presence on the land. A dwelling on the land may provide more incentive and ease for the landowner but I agree with the Council officer that the dwelling is unnecessary to facilitate the land management. Care of the land is a burden that comes with its ownership.
9. The applicant referred me to the decision of the Tribunal in Country Land Pty Ltd v Macedon Ranges SC [2025] VCAT 924 where the Tribunal supported use of land for a dwelling subject to a land management plan. Land management plans are a tool specifically mentioned in the decision guidelines to the Rural Conservation Zone.
10. Council did not raise any significant concerns with the content of the land management plan before me in the officer's report. Subject to reducing the extent of the domestic zone to the south and west to provide a buffer to the waterways as discussed at the hearing, I am satisfied that the land management plan is a benefit to the subject land resulting in an improved environmental outcome consistent with the purposes of the zone.
11. Ms Lee for the applicant submitted that it was reasonable to see that the proposed land management actions have been reasonably established on the site prior to construction of the proposed dwelling commencing. I have included a requirement for a staging plan within the land management plan.

1. In determining the conditions of permit, I have had regard to the draft conditions prepared by the Council, the submissions of the parties and my reasons set out above.

1. For the reasons set out above, the decision of the responsible authority is set aside. A permit is granted subject to conditions.

To construct a building or construct or carry out works associated with a 'Dwelling'

To construct a building within 100 metres from a waterway

To construct a building or construct or carry out works

To construct a building or construct or carry out works

To construct a building or construct or carry out works

Approved and endorsed plans - changes required

1. Before the development starts, plans must be approved and endorsed by the Responsible Authority. The plans must:

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

(b) be drawn to scale with dimensions

(c) submitted in electronic form

(d) be generally in accordance with the plans forming part of the application and identified as 65 Wattle Gully Road, Mt Glasgow, project no. 2709, dated May 2025, prepared by Natural Resource Link Pty Ltd, but amended to show the following details:

1. elevation details for the dwelling;
2. the details required by Condition 3 of this Permit;
3. Notation of that all site excavation and earthworks and slope stability works are to be undertaken in accordance with the Geotechnical Assessment Ref. 24H1056GTA, prepared by AGR GeoSciences, dated 8 October 2024.
4. the findings and recommendations of the Land Capability Assessment Report No. A251010 prepared by Paul Williams & Associates, November 2025.

1. The layout of the development must not be altered from the layout on the approved and endorsed plans without the written consent of the Responsible Authority.

1. Before the development starts, a schedule of construction materials, external finishes and colours must be approved and endorsed by the Responsible Authority. The schedule must:

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

(b) include the use of muted and non-reflective colour finishes for external cladding.

The Responsible Authority may consent in writing to vary these requirements and the details in an approved schedule.

1. Before the development starts an amended Integrated Land Management Plan must be submitted to and approved by the Responsible Authority. The amended plan must be generally in accordance with the Land Management Plan No. 2709 prepared by NR Links, dated 23 May 2025 but modified to include the following:
   1. A reduction in the Domestic Zone and relocation of proposed fencing to provide a minimum 10m conservation buffer to the southern boundary and the drainage line to the west.
   2. A comprehensive implementation schedule of actions for habitat management and revegetation.
   3. A staging plan including at what stage the proposed dwelling will be constructed. It must also indicate that the proposed land management actions have been reasonably established on the site prior to construction of the proposed dwelling commencing.
   4. Details of how progress records will be kept and made available to the responsible authority as required.
2. The actions and recommendations included in the Land Management Plan endorsed as part of this Permit must be implemented on an ongoing basis in accordance with recommended timing and frequency to the satisfaction of the Responsible Authority.

1. Any new dwelling allowed by this Permit must not be connected to a reticulated gas service (within the meaning of clause 53.03 of the relevant planning scheme). This condition continues to have force and effect after the development authorised by this Permit has been completed.

1. Before the first occupation of the dwelling approved by this Permit and the commencement of use, the following requirements must be met, to the satisfaction of the Responsible Authority:

(a) Access to the dwelling must be provided via an all-weather road with dimensions adequate to accommodate emergency vehicles.

(b) The dwelling must be connected to reticulated sewerage if available. If reticulated sewerage is not available, all wastewater from the dwelling must be treated and retained within the lot in accordance with the requirements of the Environment Protection Regulations under the Environment Protection Act 2017 (Vic) for an on-site wastewater management system.

(c) The dwelling must be connected to a reticulated potable water supply or have an alternative potable water supply with adequate storage for domestic use as well as for fire fighting purposes.

(d) The dwelling must be connected to a reticulated electricity supply or have an alternative energy source.

1. Prior to the issue of the certificate of occupation (or as otherwise stated) the following conditions must be undertaken by the permit holder to the requirements and satisfaction of the Responsible authority (alternative requirements may be approved, in writing, by Council's Manager Infrastructure). All works constructed or carried out must be in accordance with the Infrastructure Design Manual and to the satisfaction of the Responsible Authority.

(a) Access

1. Vehicle access to the property must be from Wattle Gully Road.
2. The existing crossover must be upgraded to the standard of Infrastructure Design Manual Standard Drawing 255 to the satisfaction of the Responsible Authority.
3. Any works to crossovers/driveways will require the permit holder to apply and have approved driveway crossing and/or consent for works permit/s for crossover/driveway/access works. All works constructed or carried out must be in accordance with the approved plans/permit(s).
4. Once constructed the crossovers/driveways/access must be thereafter maintained by the permit holder to the satisfaction of the Responsible Authority.

(b) Drainage

1. The permit holder must design and construct a drainage system to drain the development to the legal point of discharge to the satisfaction of the Responsible Authority.
2. The stormwater site discharge must not be increased by the proposed development. The drainage system shall include provision for an onsite detention system to limit site discharge from the development to pre-development levels.
3. No effluent or polluted water of any type will be allowed to enter any Council drainage system.

(c) Asset Protection

1. At any time, the permit holder must ensure that the operation and condition of Council assets (including street trees, drainage pits and covers, footpaths and kerb and channel) are not damaged by the site construction works.
2. If the Responsible Authority deems Council assets have been detrimentally affected or damaged by development construction access, then the assets will be required to be repaired and reinstated by the permit holder to the satisfaction of the Responsible Authority.

(d) Sediment Control

1. The developer must restrict sediment discharges from any construction sites within the land in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991) and Environmental Guidelines for Major Construction Sites (EPA 1995).

1. Prior to the commencement of construction, an Application for a Permit to Install an Onsite Wastewater Management System must be submitted to and approved by Council prior to any installation.
2. All wastewater from the dwelling must be treated to Secondary Treatment standard of at least 10mg/L BOD and 10mg/L suspended solids and 10cfu/L E.coli, using a package treatment plant or equivalent. The system must have a certificate of conformity issued by the Conformity Assessment Body (or equivalent approval) and be installed, operated and maintained in accordance with the relevant Australian Standards.
3. All wastewater from the dwelling must be applied to land via pressure-compensating sub-surface irrigation.

1. All construction and ongoing activities must be in accordance with EPA Publication 1834.1 Civil Construction, Building and Demolition Guide (September 2023) and any soil excavated as a result of construction must be stabilised to ensure that sediment is not transported to waterways during a rainfall event.
2. No buildings are to be constructed within 30 metres of any waterways or on any drainage lines.
3. All wastewater from the dwelling must be treated and disposed of in accordance with the Land Capability Assessment Report No. A251010 prepared by Paul Williams & Associates, November 2025. The system must have a certificate of conformity issued by the relevant body (or equivalent approval) and be installed, operated and maintained in accordance with the relevant Australian Standard(s) and EPA Guideline for Onsite Wastewater Management, May 2024, as updated or replaced.
4. The wastewater disposal area must be located in accordance with Land Capability Assessment Report No. A251010 prepared by Paul Williams & Associates, November 2025, and must be at least 50m from any waterways, 20m from any drainage lines, 30m from any dams, and 20m from any bores.
5. The wastewater management system must be appropriately designed to manage the potential volume of wastewater generated under full occupancy of the dwelling (based on a minimum 3 bedrooms), including an appropriately sized disposal area based on a full water balance specific to the proposal and subject land in accordance with the requirements of the relevant Australian Standard(s) and EPA Guideline for Onsite Wastewater Management, May 2024, as updated or replaced, to the satisfaction of Council's Environmental Health Department.
6. Stormwater must be discharged to a legal point as nominated by the Responsible Authority. All infrastructure and works to manage stormwater must be in accordance with the requirements of the Responsible Authority.
7. The wastewater disposal area must be kept free of stock, buildings, driveways and service trenching and must be planted with appropriate vegetation to maximise its performance. Stormwater must be diverted away. A reserve wastewater disposal field of equivalent size to the primary disposal field must be provided for use in the event that the primary field requires resting or has failed.

1. Before the development starts an amended Bushfire Management Plan must be prepared and approved by the responsible Authority. The Bushfire Management Plan must be generally in accordance with the report prepared by Macedon Ranges Bushfire & Planning (Version 1.0 dated 11 October 2024) but show the changes in condition 1 of this Permit. Once endorsed the plan must not be altered unless agreed to in writing by the Country Fire Authority and the Responsible Authority.
2. The bushfire protection measures forming part of this permit or shown on the endorsed plans, including those relating to construction standards, defendable space, water supply and access, must be maintained to the satisfaction of the Responsible Authority on a continuing basis. This condition continues to have force and effect after the development authorised by this permit has been completed.

1. The proposed dwelling must be set back a minimum of 30 metres from the southern property boundary.

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

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

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

(c) The use does not start within 2 years of the 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.

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

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

[3] Conditions of the referral authorities are discussed where relevant in these reasons.

[7] AGR Geosciences Pty Ltd (8 October 2024).

[8] AGR Geosciences Pty Ltd (17 October 2024).

[9] Permit D075/18 issued 21 January 2019.