Low Density Residential Zone - Schedule 1 ('LDRZ1')

The site comprises a rectangular lot with a total area of approximately 6.3ha. It abuts Holes Road along its north-western boundary (approximate 267 metre long frontage). The site shares a boundary with six properties containing dwellings to its west, a larger lot developed with a dwelling, outbuildings and a dam to its south and undeveloped land to its east. The site is presently vacant, with vegetation largely confined to its north, east and west boundaries.

1. PB Industrial Estate Pty Ltd, Trevor Alexander McRae & Others (the 'applicant') proposes to subdivide land at 0 Holes Road, Haven into twelve lots. In April 2024, Horsham Rural City Council (the 'council') determined to refuse to grant a planning permit for the proposal. The applicant has requested the Tribunal to review Council's decision.
2. Council refused the proposal on the following grounds:

The subdivision does not meet strategies and objectives of the Horsham Planning Scheme

The proposed subdivision is inconsistent with Clause 16.01-3L Rural Residential Development and does not support a staged and coordinated approach to rural residential development of Haven.

The proposed subdivision is inconsistent with the Clause 16.01-1S - Housing Supply to encourage housing development on sites that are well located in relation to jobs, services and public transport and around activity centres.

The submitted LCA proposed wastewater treatment does not meet the requirements of the EPA Code of practice -onsite wastewater management, Publication 891.4 (2016)

The proposed lot sizes do not meet the decision guidelines of Clause 32.03-6 Low Density Residential and are not capable or suitable to treat and retain all wastewater on-site.

The subdivision does not contribute to a neighbourhood that fosters healthy and active living or connected community consistent with Clause 15.01-4S Healthy neighbourhoods.

1. Prior to the hearing, the applicant filed and served notice of its intention to substitute an amended subdivision layout plan prepared by Price Merrett Consulting dated 28 November 2024, and a number of additional plans and documents. These include:
   • An amended plan of subdivision which provides a stormwater drainage area on the site and the consequent alteration of lots to provide for this;
   • A Development Plan prepared pursuant to the requirements of the Development Plan Overlay - Schedule 1 ('DPO1');
   • A Concept Building and Disposal Area Plan which identifies indicative building envelopes and effluent dispersal areas; and
   • A Land Capability Assessment ('LCA') prepared by GroundScience dated 22 August 2024. This amended LCA responds to comments provided by Council to the applicant during the permit application process.
2. On the basis of the amended documentation, council no longer pursues its opposition to the proposal on the grounds of wastewater treatment and retention but continues to rely on the remaining grounds of refusal. Council says that the proposal does not comprise a staged and coordinated proposal having regard to the existing and likely development of surrounding land and Haven more broadly; and fails to acceptably respond to policies relating to active living, connected communities and the location of development in areas which are well located in relation to jobs, services and public transport.
3. There being no objection, I allowed the amended plans/documentation to be substituted, and these now form those on which my decision is reached.
4. I must decide whether a permit should be granted and, if so, what conditions should be applied. Having considered all submissions presented with regard to the applicable policies and provisions of the Horsham Planning Scheme (the 'Scheme'), I have decided to set aside the decision of the responsible authority and direct that a permit be granted.
5. My detailed reasons follow.

1. The review site is located at the edge of the Haven township, which is about 5 kilometres south of Horsham. The township has a small village store, primary school and recreation reserve.

Figure 1: Nearmap aerial image of site and surrounds Source: Council submission

1. To the north, the site abuts Holes Road, an unpaved gravel road which intersects Grahams Bridge Road approximately 144 metres to its west and Grampians Road approximately 1.2km to its east. A number of residential properties at least 0.8ha in area or greater are located opposite the site across Holes Road to the north-west, which is similarly zoned Low Density Residential.
2. To the east, the site abuts a 32ha undeveloped property located in the LDRZ. Further east, there are properties located in the Farming Zone. To the south and west, the site abuts a number of low density residential properties. These lots, being 137, 139, 147, 149, 155 and 157 Grahams Bridge Road each have a site area of between 0.6-0.7ha, and each are developed with a dwelling and outbuildings. To the south, at 173 Grahams Bridge Road is a 6.1 ha lot developed with a dwelling, a dam and a number of outbuildings.
3. The application seeks to subdivide the site into twelve residential lots. Each lot varies in size between 4,001 and 6,360 square metres. A 0.29 hectare drainage reserve is proposed for part of the Holes Road frontage. The application proposes the creation and construction of a 0.53ha road reserve (in a cul-de-sac form) to provide access to each lot, with the proposed access road intersecting Holes Road to the north of the site.
4. In the absence of connection to reticulated sewerage, the provision of onsite wastewater management systems is to be via secondary treatment. The amended substituted documentation includes a Land Capability Assessment, which council accepts demonstrates that each lot will be capable of retaining wastewater within the boundary of each lot to be created. The proposed wastewater systems are intended to be served by Land Application Areas ('LAA') providing for effluent dispersal areas on each site and outside proposed building envelopes.
5. The amended substituted documentation now includes a Development Plan that is designed to satisfy the requirements of the DPO and to provide the basis for the subdivision plan, while allowing for the subdivision plan to enjoy a degree of flexibility with regard to building envelopes and the location of effluent disposal areas. The Development Plan further provides that it is intended that the section of Holes Road between the proposed access road and Grahams Bridge Road will be upgraded by 'the proponent'.

Figure 2: Proposed plan of subdivision Source: Council submission

1. All relevant statutory referral authorities have consented to the application.

1. Council submits that the proposal does not comprise the staged and coordinated development of the land. It says that under clause 65.02 of the Scheme, the responsible authority (in this case, the Tribunal on review) must consider, amongst other things, the existing use and possible future development of the land and nearby land.
2. Council says that where 0.4ha unsewered lots have been created within the municipality, this has usually occurred in locations with greater connectivity and with convenient access to open space and public transport. Council submits that similar conveniences will not be afforded to future residents on the land, which is located toward the outer periphery of Haven close to land zoned for farming purposes.
3. Further, it says that while wastewater is able to be treated within the boundaries of the proposed lots (as evidenced by the amended LCA), the provision of onsite wastewater management comprises an inherent limitation on the way in which the proposed lots can be developed. It notes that even if wastewater can be managed on each of the proposed lots, proposed building envelope areas are isolated into two sections in some instances - such as on Lots 3-12. It says that even if onsite wastewater can be adequately managed, the manner in which the proposed lots are used and developed may be unacceptably restricted.
4. The council says that subdivision within the surrounding area is characterised by larger lots in the order of 0.6ha and above. Where lots in the order of 0.4ha have been created within Haven, this has occurred in locations with greater access to public transport, higher order roads and their associated conveniences. State policy, including at clause 16.01-1S of the Scheme, would have it that those who reside in such circumstances are better served by being in close proximity to public transport and commercial and community services. The land is located on the outer periphery of the Haven locality, and is over 2km away from the Haven Recreation Reserve. It is not well located with respect to open space and public transport too.
5. It says the 'breaking up' of the land into small parcels of land constitutes a significant intensification of the land use and will not complement the pattern of existing development within the locality.
6. In rebuttal, the applicants say the proposed subdivision will facilitate a large number of dwelling and household types in a semi-rural location to meet the needs and aspirations of the community. The subdivision is a continuation of the existing low density pattern of subdivision and the amended LCA demonstrates that all wastewater can be appropriately managed on-site without undue impact on the water catchment, clearly meeting the purpose of the LDRZ. Each lot also meets the applicable minimum subdivision area of 0.4 hectare as expressed in the zone. They say that the proposal will provide an acceptable planning outcome.

1. The purpose of the LDRZ is to implement the Municipal Planning Strategy and the Planning Policy Framework, and to provide for low-density residential development on lots which, in the absence of reticulated sewerage, can treat and retain all wastewater.
2. Pursuant to cluse 32.03-3 a permit is required to subdivide land. Each lot must be at least the area specified for the land in a schedule to this zone. Any area specified must be at least 0.4 hectare for each lot where reticulated sewerage is not connected. If no area is specified each lot must be at least 0.4 hectares. As there is no area specified in the schedule to the zone, the minimum lot area is 0.4 hectares. Each proposed lot satisfies this requirement.
3. An application must be accompanied by a site analysis, documenting the site in terms of land form, vegetation coverage and the relationship with surrounding land, and a report explaining how the proposed subdivision has responded to the site analysis. The report must:
   • In the absence of reticulated sewerage, include a Land Capability Assessment on the risks to human health and the environment of an on-site wastewater management system constructed, installed or altered on the lot in accordance with the requirements of the Environment Protection Regulations under the Environment Protection Act 2017.
   • Show for each lot:
     • A building envelope and driveway to the envelope.
     • Existing vegetation.
     • In the absence of reticulated sewerage, an effluent disposal area.
     • Show how the proposed subdivision relates to the existing or likely use and development of adjoining and nearby land.
   • If a staged subdivision, show how the balance of the land may be subdivided.
4. Relevant decision guidelines at Clause 32.03-6 include:
   • The protection and enhancement of the natural environment and character of the area including the retention of vegetation and faunal habitat and the need to plant vegetation along waterways, gullies, ridgelines and property boundaries.
   • The availability and provision of utility services, including sewerage, water, drainage, electricity and telecommunications.
   • In the absence of reticulated sewerage:
     • The capability and suitability of the lot to treat and retain all wastewater as determined by a Land Capability Assessment on the risks to human health and the environment of an on-site wastewater management system constructed, installed, or altered on the lot in accordance with the requirements of the Environment Protection Regulations under the Environment Protection Act 2017.
     • The benefits of restricting the size of lots to generally no more than 2 hectares to enable lots to be efficiently maintained without the need for agricultural techniques and equipment.
   • The relevant standards of Clauses 56.07-1 to 56.07-4.

1. This clause provides the following relevant strategies:
   • Direct rural residential development to areas adjoining existing settlements or where there is an existing identifiable community.
   • Facilitate and support rural residential development in existing rural living areas.
   • Direct residential development at low densities to areas where it will:
     • Benefit existing settlements by attracting new residents.
     • Complement existing land use and subdivision patterns.
     • Minimise environmental risk and protect environmental assets.
     • Not compromise long-term growth of settlements.
     • Limit the impact on agricultural uses and industry.
     • Not compromise residential infill policy in existing settlements.
   • Support staged and coordinated rural residential development in Haven.

1. Clause 16.01-1S Housing supply seeks to facilitate well-located, integrated and diverse housing that meets community needs.

1. Clause 15.01-4S Healthy Neighbourhoods seeks to achieve neighbourhoods that foster healthy and active living and community wellbeing. Strategies include to design neighbourhoods that foster community interaction and make it easy for people of all ages and abilities to live healthy lifestyles and engage in regular physical activity by providing:
   • Connected, safe, pleasant and attractive walking and cycling networks that enable and promote walking and cycling as a part of daily life.
   • Streets with direct, safe and convenient access to destinations.
   • Conveniently located public spaces for active recreation and leisure.
   • Accessibly located public transport stops.
   • Amenities and protection to support physical activity in all weather conditions.

1. Clause 02.03-1 Settlement acknowledges the existence of a number of smaller settlements throughout the municipality that will provide lower service levels than larger settlements, attracts residents as an alternative to living in Horsham. It notes that the municipality's small towns are experiencing population decline and loss of services and infrastructure, and that these settlements will benefit from land for rural living being made available where social and physical infrastructure can be efficiently provided.
2. Council's strategic directions for settlement include to support development in Haven in an integrated manner and to direct low density residential and rural living developments to locations adjoining existing settlements.
3. Clause 02.03-6 Housing notes that rural living offers the opportunity for residential use in a rural environment, and when located close to existing townships, where investment in physical and community infrastructure and services has occurred, lower density or rural living development can provide benefits in the form of sustaining population and service provision.
4. Low density residential development is popular in Horsham however providing infrastructure to support further low-density development needs careful management. Low density residential development in existing smaller settlements can cater for housing choice and support the sustainability and liveability of the towns.
5. At this clause, Council's strategic directions for housing are to:
   • Encourage increased densities in areas that can capitalise on existing physical and social infrastructure.
   • Improve the diversity of housing options available within Horsham.
   • Facilitate lower density residential or rural living development, where infrastructure and services can be provided at locations adjoining existing settlements.

1. A draft HSSP was placed on public exhibition between 28 October and 13 December 2024. I am advised that this is a strategic document intended to address the future development opportunities of the broader Horsham South area.
2. Since the conclusion of this public exhibition, council is in the process of reviewing submissions received from the public to allow finalisation of the document, following which, council intends to commence the planning scheme amendment process.
3. During the hearing council agreed that this document is not a 'seriously entertained planning proposal' in the sense that it is at the early stages of preparation and has not been through a planning scheme amendment process.
4. As it stands, the site is identified on Plan 8 (Structure Plan) in an area earmarked for 'Large Lifestyle Residential (1ha-2ha - Unsewered)' with the draft HSSP.
5. I am conscious that council's grounds of refusal do not explicitly refer to the draft HSSP. I agree that the draft Structure Plan has not reached the stage where it can be regarded as a seriously entertained planning proposal.

1. Turning to the grounds of refusal, in essence the council says the proposed subdivision:
   • does not meet strategies and objectives of the Horsham Planning Scheme;
   • is inconsistent with Clause 16.01-3L Rural Residential Development;
   • does not support a staged and coordinated approach to rural residential development of Haven;
   • is not well located with respect to access to jobs, services and public transport and around activity centres as sought by Clause 16.01-1S;
   • proposes lot sizes that do not meet the decision guidelines of Clause 32.03-6; and
   • does not contribute to a neighbourhood that fosters healthy and active living or connected community consistent with Clause 15.01-4S Healthy Neighbourhoods.
2. The proposal does not seek to unlock new land supply as the land is already zoned for residential purposes.
3. I am not persuaded that the proposal is in some ways 'out-of-sequence' or disconnected from the existing rural residential development in Haven. To the contrary, the proposal immediately abuts rural residential lots to its west. The development is not ad hoc as it adjoins similarly subdivided land. It is the logical next step when moving east from the Haven township.
4. While the land is some 2 kilometres from the local recreation reserve, contextually this is reasonable for a rural township setting such as this. Further, the land had access to a bus stop within 300 metres which contextually makes it accessible to other services.
5. It does not propose to stage the subdivision, and so all services including the proposed road construction will occur in one process.
6. The application is consistent with the applicable zone. The proposed lot sizes are generally consistent with the zone provisions, which generally seek to support residential development on larger lots.
7. There are no physical constraints that would warrant larger lot sizes - as council is satisfied that the LCA demonstrates that each lot is capable of containing its own wastewater.
8. I do not agree that the lot size is out of character with its neighbours. The subdivision size will complement its neighbours to the west. I agree with the applicant that the subdivision pattern of these lots (being 6000 square metre lots) does not need to be replicated exactly, particularly where council has not sought to impose a larger lot size in the schedule to the zone.
9. The proposal also meets the applicable default minimum subdivision area of 0.4 hectare in the LDRZ. As for council's concern regarding the density, future housing density has already been decided - the site is in a zone with a minimum lot size of 4,000 square metres.
10. The subdivision is consistent with clauses 02.03-1 and 16.01-3l which seek to direct rural residential development to areas adjoining existing settlements or where there is an existing identifiable community. The site directly adjoins the existing settlement of Haven which has an identifiable community.
11. The subdivision will introduce 12 new lots into a small settlement and provide opportunities for new housing, supporting population retention and growth consistent with clause 02.03-1.
12. The proposal will provide for low density residential development and the amended LCA demonstrates that all wastewater may be appropriately managed on-site, meeting the purpose of the LDRZ.

1. The council was critical that neither the application plans nor the proposed Development Plan adequately consider the future development of land to the east by way of a transport linkage or any possibility that one might be provided should that site be developed.
2. Discussion occurred at the hearing about the potential to provide for a future road connection to land to the east via the creation of a reserve at the termination of the cul-de-sac to allow for this to occur if and when the abutting land is subdivided (as it is similarly zoned LDRZ). This would allow a physical road/pedestrian connection to support permeable movement between both subdivisions.
3. Subsequent to the hearing and in response to the Interim Orders, the council confirms that given neither a permit nor a Development Plan has been approved in relation to the adjoining site, it is not necessary to make provision for a future road connection for the purposes of this proposal. Council submits that it is sufficient to provide for the existing cul de sac arrangement as sought by the proposal (which does not allow for potential connectivity).
4. On the basis that the council does not agree that there is a need for a council owned reserve to be set aside to allow for future connectivity to land to the east (despite this being its primary position at the hearing), I have not required this to occur.
5. Other conditions were discussed at the hearing and any changes to the permit conditions contained in Appendix A of this order reflect those discussions plus further consideration by the Tribunal.

1. In conclusion and having regard to the requirements of Clauses 65 and 71.02, I consider that the proposal is an acceptable outcome, and that when assessed against all relevant policies it does, on balance, achieve a net community benefit. The decision of the responsible authority is set aside, and a permit is granted subject to conditions.

1. Before the plan of subdivision is certified under the Subdivision Act 1988, 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 then form part of the permit. The plans must be drawn to scale with dimensions the three copies must be provided. The plans must be generally in accordance with the plans submitted with the plan titled 'Proposed Subdivision' (Revision C) prepared by Price Merrett Consulting dated 28 November 2024, but modified to show:

(a) location and dimensions of building envelopes for each lot;

(b) location and dimensions of effluent dispersal areas for each lot;

(c) location of driveway access clear of effluent dispersal areas for each lot; and

(d) the Land Capability Assessment in accordance with Condition 10.

1. The subdivision as shown on the endorsed plans must not be altered without the prior written consent of the responsible authority.

Compliance with documents approved under this permit

1. At all times what the permit allows must be carried out in accordance with the requirements of any document approved under this permit to the satisfaction of the responsible authority.

1. All existing and proposed easements and sites for existing and required utility services and roads must be set aside in favour of the relevant Authority for which the easement or site is to be created on the plan of subdivision submitted for certification under the Subdivision Act 1988 (Vic).
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 telecommunication services to each lot shown on the endorsed plan in accordance with the authorities' requirements and relevant legislation at the time.
3. The plan of subdivision submitted for certification under the Subdivision Act 1988 (Vic) must be referred to the relevant authority in accordance with Section 8 of that Act.
4. Prior to the responsible authority issuing a Statement of Compliance for the subdivision, all planning conditions and all other requirements of the responsible authority and the relevant referral authorities must be completed or satisfactorily provided for, to the satisfaction of the responsible authority and the relevant referral authorities.
5. 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 Horsham 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. Before the Statement of Compliance is issued under the Subdivision Act 1988 (Vic), the applicant or owner must pay a monetary contribution for public open space of five (5) percent in accordance with a decision of the Council made under section 18 of the Subdivision Act 1988 (Vic).

The responsible authority may delay the time for payment of the monetary contribution by agreement in writing with the applicant or owner.

1. Before the plan of subdivision is certified under the Subdivision Act 1988 (Vic), an amended Land Capability Assessment (LCA) must be submitted to and approved by the responsible authority. When approved, the LCA will be endorsed and then form part of the permit. The LCA must be generally in accordance with the Land Capability Assessment titled 'Land Capability Assessment for On-Site Wastewater Management - Proposed 12 Lot Subdivision - Holes Road, Haven (E3446.1 AA)' prepared by Ground Science dated 22 August 2024, but amended to include:

(a) reference to the Amended Plans under Condition 1; and

(b) reference to the plan titled 'Concept Building and Disposal Area (Revision C)' prepared by Price Merrett Consulting dated 28 November 2024.

1. Before the plan of subdivision is certified under the Subdivision Act 1988 (Vic), the owner must enter into an agreement with the responsible authority under section 173 of the Planning and Environment Act 1987 (Vic). The agreement must provide for the following:

(a) The wastewater for each dwelling on a lot must be treated and retained within the prescribed wastewater envelopes in accordance with the requirements in the Land Capability Assessment and in the Environment Protection Regulations under the Environment Protection Act 2017 (Vic) for an on-site wastewater management system.

(b) An approved secondary wastewater treatment system must be installed to service each dwelling on a lot.

(c) Prior to the issue of a building permit for a dwelling on any lot, it must be demonstrated that domestic wastewater can be adequately treated and disposed of within each lot pursuant to the requirements set out in the 'Guideline for Onsite Wastewater Management' (EPA, May 2024) (EPA Guideline) and AS/NZS 1547:2012 On-site Domestic Wastewater Management (Australian Standard).

(d) The owner must enter into a service contract with a service provider to have the wastewater system inspected and maintained in accordance with the relevant certificate of approval for the system, EPA Code of Practice and/or Australian Standard, as applicable.

(e) Following each service, provide a copy of the system maintenance report to the Council's Environmental Health Department.

(f) Carry out any maintenance works considered necessary by either the service provider or the Environmental Health Department to ensure that the system is operating to a satisfactory standard.

(g) At all times maintain the approved drainage lines on the lot to enable the diversion of all surface waters clear of the effluent disposal field.

(h) The owner must apply to Council for septic tank permits prior to any building approvals being granted or construction works being started.

(i) Any dwelling, buildings or other works must be constructed within the building envelope as shown on the endorsed plans of this permit, unless otherwise agreed in writing by the responsible authority.

(j) Effluent disposal must be confined to the effluent dispersal areas as shown on the endorsed plans of this permit, unless otherwise agreed in writing by the responsible authority.

All costs associated with the preparation, execution and registration of the agreement shall be borne by the permit holder.

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

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

1. The applicant shall ensure that existing and proposed buildings and electrical installations on the subject land are compliant with the Victorian Service and Installation Rules (VSIR). Where electrical works are required to achieve VSIR compliance, a registered electrical contractor must be engaged to undertake such works.
2. The applicant shall, when required by the Distributor, set aside areas within the subdivision for the purposes of establishing a substation or substations.
3. Areas set aside for substations will be formalised to the Distributor's requirements under one of the following arrangements:

(a) Reserves established by the applicant in favour of the Distributor;

(b) Substation lease at nominal rental for a period of 30 years with rights to extend the lease for a further 30 years. The Distributor will register such leases on title by way of a caveat prior to the registration of the plan of subdivision.

1. The applicant shall establish easements on the subdivision, for all existing Distributor electric lines where easements have not been otherwise provided on the land and for any new powerlines to service the lots or adjust the positioning existing easements.
2. If required, existing easements may need to be amended to meet the Distributor's requirements.Easements required by the Distributor shall be specified on the plan of subdivision as follows:

1. Before any works associated with the subdivision start, Council must be provided, in writing, with the name of the project coordinator appointed to oversee the works. Subsequent Council correspondence will be directed to this project coordinator.
2. Before any works associated with the subdivision start, a construction management plan shall be submitted to and approved by the responsible authority. The plan must outline how issues such as mud on roads, dust generation and erosion and sediment control will be managed, on site, during the construction phase.
3. All construction activities, including the storage of materials and the parking of construction vehicles, are to be undertaken from within the site. The storage of building goods and associated items shall be wholly upon the subject site and not on adjacent Council owned land or road reserves unless approved in writing by the Council.
4. At the time of lodgment of engineering drawings, prior to public works associated with the subdivision start, payment to the responsible authority of an engineering design checking fee of an amount up to 0.75% of the value of documented public works, must be paid.
5. Before any road works associated with the subdivision start, detailed construction plans and specifications must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and must include:

(a) Engineering plans and specifications of the proposed works that are to become public assets such as roads, intersections, drains, bridges and the like.

(b) Engineering designed sealed pavement with a 6.0 metre seal on a 7.0 metre full depth pavement and 1.5 metre shoulders for both the proposed court and Holes Road, from Grahams Bridge Road to the eastern boundary of the development.

(c) Details of traffic management and control devices.

(d) Asphalt in court bowls.

(e) Offset and depth to all services within the road reserve as approved by the relevant authority. Utility service substations, kiosk sites and the like must not be located on any land identified as public open space or land to be used for any municipal purpose.

(f) Location of LED street lights.

(g) A vehicular crossing to each lot in accordance with the responsible authorities Standard Drawing STD 32 (Rural-residential). Vehicular crossings to be a minimum of 1 metre from any service facility. Vehicular crossings to be offset a minimum of 6 metres from the tangent point of any side street.

(h) Permanent survey marks at maximum 200 metre spacing's, levelled to the Australian Height Datum and coordinated to the Australian Map Grid.

(i) Splays (minimum of 3m x 3m) which must be provided at all intersections of the local road network.

1. Prior to the issue of Statement of Compliance, all works shown on the endorsed construction plans must be constructed or carried out to the satisfaction of the responsible authority.
2. Before any drainage works associated with the subdivision start, a properly prepared drainage discharge plan with computations to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and must include:

(a) Details of how the works on the land are to be drained and/or retarded.

(b) A maximum discharge rate from the site must be equivalent to predevelopment rate of discharged or capacity of downstream system.

(c) Computations for the existing and proposed drainage to be utilised by this subdivision.

(d) Independent drainage for each lot.

(e) Underground pipe drains conveying stormwater to the legal point of discharge for each allotment.

(f) Measures to enhance stormwater discharge quality from the site and protect downstream waterways, including the expected discharge quality emanating from the development and design calculation summaries of the treatment elements.

(g) The provision of gross pollutant and/or litter traps installed at the drainage outfall of the development to ensure that no effluent or polluted water of any type may be allowed to enter the Council's stormwater drainage system.

(h) Maintenance schedules for treatment elements.

1. Prior to the issue of Statement of Compliance, all drainage works shown on the endorsed drainage discharge plans must be constructed or carried out to the satisfaction of the responsible authority.
2. Before the commencement of works, a detailed landscape plan for the road and drainage reserves must be prepared by a person suitably qualified or experienced in landscape design and submitted to and approved by the responsible authority. The landscape plan must be drawn to scale with dimensions. The plan must show:

(a) New plantings to be provided in the road and municipal drainage reserves.

(b) A detailed planting schedule of all proposed trees, shrubs and groundcovers, including botanical names, common names, pot sizes, sizes at maturity and quantities of each plant and the location of all areas to be covered by grass, lawn or other surface material as specified.

(c) The method of preparing, draining, watering and maintaining the landscaped area.

1. Prior to the issue of Statement of Compliance or any other time agreed in writing by the responsible authority, the landscape works shown on the approved landscape plan must be carried out and completed to the satisfaction of the responsible authority.
2. The landscaping shown on the endorsed landscaping plans must be maintained for a period of twelve months from the date of practical completion of the landscaping to the satisfaction of the responsible authority. During this period, any dead, diseased or damaged plants or landscaping areas are to be repaired or replaced during the period of maintenance and must not be deferred until the completion of the maintenance period.
3. Before any works associated with the subdivision start, payment to the responsible authority of an amount up to 2.5% of the actual cost of work (including roads, drainage and public landscaping), being for costs of the responsible authority supervision of the works, as determined by the Responsible Authority, must be paid.
4. Prior to the issue of a Statement of Compliance, the owner/applicant is to lodge a defects liability bond to the Council totalling 5% of the actual cost of works. This bond will be released following a maintenance period of 52 weeks after Acceptance of Works. During this period, any defects are to be repaired or replaced during the maintenance period and must not be deferred until the completion of the maintenance period.
5. Prior to the Certification of the plan of subdivision, all existing and proposed easements and sites for existing and required utility services and roads must be set aside in favour of the relevant authority for which the easement or site is to be created.
6. Prior to Certification of the plan of subdivision, all names of streets contained within the subdivision must be selected from Council's list of approved street names, and must be approved by the responsible authority.
7. Prior to the issue of Statement of Compliance, the applicant or developer shall submit to the satisfaction of the relevant authority the following:

(a) an assets statement for each street;

(b) 'as constructed' information for the entire work in each development stage detailing information as listed in the council's Infrastructure Design Manual;

(c) a certified plan showing the extent and depth of fill in excess of 300 mm placed on any of the allotments;

(d) a certified plan showing levels at all property corners;

(e) 'as constructed' drainage information in D spec format;

1. The owner/applicant must enter into a Developer Agreement with GWMWater for the supply of water to each lot of the subdivision.
2. The owner/applicant must install water mains and associated works to serve each lot/dwelling of the proposed development, at the owner's cost, and in accordance with GWMWater's specifications and requirements.
3. The owner/applicant must provide plans and estimates of all proposed water supply works prior to commencement for GWMWater's approval.
4. The owner/applicant must pay to GWMWater a fee of 3.25% of the total cost of construction (including design and supervision) for its review of design documentation and supervision of works. This fee relates to checking that the works are designed and constructed in accordance with GWMWater's requirements and does not relieve the developer from ensuring proper design and appropriate supervision.
5. The owner/applicant must provide written notification of commencement of the works to enable GWMWater to organise inspections and coordinate with its staff.
6. The owner/applicant must ensure all infrastructure is tested in accordance with the relevant WSA and GWMWater standards. This includes water quality and hydrostatic pressure testing as directed by GWMWater.
7. The owner/applicant must provide "as constructed" plans and a schedule of final asset costs at the level identified in GWMWater's asset register for all water works upon completion.
8. The owner/applicant must provide a 20-metre-wide easement centred over a DN675 water pipeline in favour of GWMWater for Pipeline or Ancillary Purposes (Section 136 of the Water Act 1989). This easement is applicable only to the land under subdivision. The owner/applicant is responsible for locating the DN675 water pipeline within or at its nearest point adjacent to the land under subdivision. Asset location works must be undertaken by non-destructive digging in the presence of an appropriate GWMWater representative, for which the corporation require a minimum 5 business days' notice.
9. The owner/applicant is to ensure effluent disposal areas are not located within the easement and do not drain towards the easement.
10. The owner/applicant is to comply with all requirements of s148 of the Water Act 1989 when undertaking work in the vicinity of GWMWater's infrastructure.
11. The owner/applicant must ensure the construction will place no additional load on any GWMWater water. Upon request, the owner/applicant must demonstrate that no external load is applied ot GWMWater assets.
12. The plan of subdivision submitted for certification must be referred to GWMWater in accordance with Section 8 of the Subdivision Act 1988.

1. Prior to the issue of a Statement of Compliance under the Subdivision Act 1988, the following requirements must be met to the satisfaction of the CFA:

(a) Above or below ground operable hydrants must be provided. The maximum distance between these hydrants and the rear of all building envelopes (or in the absence of building envelopes, the rear of the lots) must be 120 metres and the hydrants must be no more than 200 metres apart. These distances must be measured as a hose would be laid on the ground. Not over obstructions and obstacles, such as fences, or over side and rear boundaries.

(b) The hydrants must be identified with marker posts, blue road reflectors and white road triangles (as applicable).

CFA's requirements for identification of hydrants are specified in 'Identification of Street Hydrants for Firefighting Purposes' available under 'About us' then 'Publications' on the CFA website (www.cfa.vic.gov.au).

1. Roads must be constructed to the following requirements:

(a) The average grade must be no more than 1 in 7 (14.4%) (8.1 degrees) with a maximum of no more than 1 in 5 (20%) (11.3 degrees) for no more than 50 metres. Dips must have no more than a 1 in 8 (12%) (7.1 degree) entry and exit angle.

(b) Curves must have a minimum inner radius of 10 metres.

(c) The trafficable width must be a minimum of 3.5 metres, be of all-weather construction

and have a load limit of at least 15 tonnes.

(d) Encroachments must be clear for at least 0.5 metres on each side and 4 metres vertically.

(e) Where the distance to the nearest intersection exceeds 60 metres then a turning area for firefighting vehicles must be provided by one of the following:

1. A turning circle with a minimum radius of 8 metres.
2. The provision of other vehicle turning heads - such as a T or Y head - which meet the specification of Austroads Design for an 8.8 metre service vehicle.
3. Where the distance to the nearest intersection exceeds 200 metres then passing bays must be provided. Passing bays must be at least 20 metres long and be at least 6 metres wide.

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

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

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

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

[1] The submissions of the parties, any supporting exhibits provided to 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.