1. Section 2.2.6 states that 'the Truganina area contains no residential population (if the Port Phillip Prison is excluded) and will therefore require no community facilities or social infrastructure'.
2. The 4 broad industrial categories are described as follows:

Heavy Industrial: This area of the precinct will have flexibility to accommodate heavy industrial (subject to satisfaction of the relevant requirements of the Scheme depending on the specific form of use and development proposed), manufacturing and storage uses that may require substantive buffer distances from local communities.

Heavy and general industry, manufacturing, logistics, and a broad range of other related activities may be located in this area.

General Industrial A: A large proportion of the precinct will accommodate industrial and manufacturing uses. Heavy (subject to satisfaction of the relevant requirements of the Scheme depending on the specific form of use and development proposed) and general industry, manufacturing, logistics, and other related activities may be located in this area.

General Industrial B: An interface industrial area that provides a buffer between the Port Phillip Prison and the surrounding industrial area. A broad range of industrial land uses can be accommodated. The uses need to be compatible with the sensitive use within the Prison site.

Industrial Park A and B: A high amenity area combining light industrial, research and development uses, and other business uses along Palmers and Leakes Roads. Higher employment densities in this area will be encouraged, with office specifically encouraged in the Industrial Park Area B. A wide range of occupancy sizes, including small "factory/offices" and uses incorporating ancillary offices are encouraged in the Industrial Park area. Over time, this area will serve to attract higher density services and employment uses, and provide a transitional buffer between the Truganina South Community Precinct and the General Industrial Area. Uses of a sensitive nature that may compromise the General Industrial A will be discouraged as will uses with adverse amenity potential that may similarly compromise the Truganina South Community Precinct. Uses that have the potential to detract from visual amenity, including but not limited to materials recycling, shipping container storage and outdoor storage must not be located in this area. The intensity of development is expected to increase over time.

1. At Section 3.2.3, it is explained that the whole of the Truganina Employment Precinct (including some areas not covered by the PSP) is expected to generate around 20,000 to 25,000 jobs. This range is based on a job ratio of 18 jobs per hectare, which reflects similar employment precincts within Melbourne's industrial areas.
2. At Section 4.1.3, the PSP states that the following planning and design guidelines should be met for the Industrial Park A areas:

An area generally characterised by lighter industrial activities carried out within small to medium sized plants, factories or warehouses with moderate administrative functions contained within an identifiable office component. Office components should be 2 storeys in height and orientated towards the street (incorporating high quality and integrated landscape frontage) with factory areas located behind. The intensity of development in this area may increase over time.

1. Section 4.2 includes objectives, implementation and planning and design guidelines for employment and activity centres.
2. The objectives include the following:
   • To ensure that the precinct is developed for industry, including heavy industry.
   • To support and promote logistics based industry, business and support services.
   • To encourage industries that generate higher employment densities adjacent to the residential areas and Principal Public Transport Network routes.
   • To promote high quality industrial precinct that supports intensification of employment densities in the future.
   • To ensure that the precinct develops as an integral part of the broader Wyndham and western region communities, providing a diverse range of jobs and economic stability.
   • To provide an environment that attracts and supports quality, high amenity industry and logistics based businesses.
   • To maximise employment opportunities and employment options for the residents of Wyndham and the Western Region.
   • To provide an environment that supports businesses through business lifecycle - from start-ups and micro-businesses to large enterprise.
   • To provide business services, retail, leisure and other services to support the needs of industry and workers.
   • To minimise potential amenity impacts between industrial activity and adjacent sensitive uses.
3. The planning and design guidelines are:
   • Encourage the location of heavy industrial uses such as manufacturing industries and storage facilities that require a substantial threshold distances in the Heavy Industrial area and as appropriate, depending on the nature of the use, in the General Industrial Area A.
   • Encourage the location of a broad range of general industrial uses that may create adverse amenity or require substantial plant or land, such as industry, manufacturing, assembly, logistics, warehousing etc. in the Heavy Industry Area and in the General Industrial A and B areas.
   • Encourage the location of industrial uses that have low impact on amenity, such as light manufacturing, engineering works, repair shops, storage etc. in the General Industrial A and B areas and in the Industry Park A area.
   • Encourage the concentration of higher density employment uses including office uses in the Industrial Park A, and in particular, in the Industrial Park B areas.
   • Encourage the location of a mix of supporting business and employment uses in the Industrial Park A and B areas, including, but not limited to:
     • Business services required by industrial and trades enterprises.
     • Wholesale, non offensive trades supply stores for the construction industry.
     • Takeaway shops and restaurants servicing in-centre population.
     • Service stations, mechanical repair shops and other support services for the logistics/transport industry.
     • Equipment hire.
     • Industrial training centres.
     • Ensure industry and associated businesses will not have an adverse amenity impact on each other or on adjoining residential or other sensitive uses.
     • Locate and concentrate logistics and distribution uses in proximity to the Western Freight Terminal if the project proceeds. Note: If the project proceeds, the GAA would work with Wyndham City Council and key stakeholders to review the PSP to ensure that it took full advantage of the proposed freight activities.

IS THE PROPOSAL GENERALLY IN ACCORDANCE WITH THE PSP?

1. It is well established that:
   • general accordance is a question of fact, to be assessed on the facts and circumstances of each case;
   • the less precision there is in the primary document/s, the more flexibility is given by the phrase 'generally in accordance with';
   • general accordance does not require the proposed development to be identical to that described in the approved plan;
   • it is appropriate to read the plan as a whole when making this assessment.[6]
2. This PSP applies to a large area identified as the Truganina Employment Precinct. As noted by Ms Horsfield, it is 'a strategic document, intended to guide the development of an emerging employment area over a period of decades'[7].
3. The vision for the precinct is to provide 'diverse employment opportunities' and a 'wide range of businesses and jobs'. While it anticipates this to occur through the prism of an 'industrial employment precinct' and developments with a 'logistics bias', the generation of jobs is the core focus of the employment precinct.
4. The applicant has indicated that the use of this part of the subject land for indoor recreation facility will generate a density of 21 jobs per hectare, which is an employment generator in excess of that anticipated by the PSP.[8]
5. As outlined earlier, the Industrial Park A and B areas are intended to be high amenity areas combining light industrial, research and development uses, and other business uses. Over time, this area will serve to attract higher density services and employment uses and provide a transitional buffer between the Truganina South Community Precinct and the General Industrial Area.
6. The traditional industrial, heavy industrial and manufacturing uses are intended to be located in the General Industrial Areas A and B and the Heavy Industrial areas.
7. Section 4.2 includes the objectives for the precinct. While the precinct is intended to be developed for industry, including heavy industry, the objectives also envisage providing a diverse range of jobs and economic stability, and maximising employment opportunities and options for the residents of Wyndham and the Western Region, as well as providing business services, retail, leisure and other services to support the needs of industry and workers.
8. The guidelines at Section 4.2.3 include encouraging the location of a mix of supporting business and employment uses in the Industrial Park A and B areas. A non-exhaustive list of these uses is provided, including business services, takeaway shops and restaurants servicing the in-centre population, service stations and support services for the logistics/transport industry, industrial training centres.
9. While leisure and recreation facilities are not included in this list, they are not excluded. Nor are they specifically excluded or prohibited in any other part of the PSP or in the UGZ or the IN3Z. The UGZ2 only includes specific provisions relating to the use of land for office and cemetery/crematorium but otherwise defers to the table of uses in the applied zones.
10. Although the PSP specifically states that the area requires no communal facilities as it contains no residential population, this proposal is not intended to provide communal facilities for the PSP area. Rather, it is a use that is permitted in the IN3Z, that will provide employment opportunities, that requires a large internal area and is housed in a building that will sit comfortably in the surrounding warehouse environment and is on land on the periphery of the PSP area identified as a high amenity area.

1. I find that the use and development of the land for indoor recreation facility can be considered as a use that is generally in accordance with the PSP as it:
   • Generates employment opportunities consistent with the vision and intention of the PSP;
   • Is located in an area of the PSP that is anticipated to house a mix of business and employment uses and act as a buffer between the core industrial area to the north and the residential area to the south;
   • Will not create amenity impacts for or restrict the activities or development of industrial uses nor will it be affected by industrial uses in the surrounding area;
   • Does not compromise the potential establishment of the WFT.

IS THE PROPOSED USE AN ACCEPTABLE USE OF THE LAND HAVING REGARD TO THE SITE CONTEXT AND PLANNING SCHEME CONTROLS AND POLICIES?

1. As described earlier, the use and development proposed is an amendment to the existing permit for warehouses on the subject land to amalgamate warehouses 10-13 into one building which will become a badminton and table tennis centre. The building will be located in the rear corner of the subject land, not visible from the street or surrounding area. Externally, it will appear as another large warehouse on the land.
2. In terms of the use, the facility is proposed to be used by the local community (including schools) and for international tournaments, with hours of operation of 5pm to 10pm, 7 days a week. Daytime use will be subject to the Council's approval. A total of 40 people are anticipated to be on site at any one time.
3. The use will not interfere with the surrounding uses and does not create any amenity impacts. Subject to appropriate arrangements for patrons to park or be dropped at the site (to be discussed later in this decision), the use can exist comfortably along the warehouse, office and café uses in the immediate vicinity.
4. It is not inconsistent with the variety of non-industrial uses for which planning permits have been issued to the south. While on the PSP maps, the land to the south is termed Industrial Park B, the area of the subject land (Industrial Park A) is physically proximate to that land and will be viewed by an ordinary person as the same general area. As seen earlier, many of the PSP policies address these two areas together and anticipate similar use and development in both areas.

1. The Council's grounds of refusal specifically refer to non-compliance with clause 17.03 as the proposal does not ensure land is available for industry and non-compliance with clauses 21.03 and 21.08 as it restricts economic growth and job creation and it is not an employment activity.
2. While the proposed use is not use of the land for industry, the form of development does not preclude a change in the use of the land to a warehouse or industrial use in future. From its commencement, however, the proposed use will create employment opportunities.
3. The use of a part of the subject land for indoor recreation facility is not incompatible to surrounding land uses and will not prejudice the availability of land in identified industrial areas for future industrial use.
4. The subject land is located at the perimeter of the industrial area where core industrial activities are not intended to be located and the use proposed is not inappropriate in a transitional area such as this.
5. The policies outline the development of a 'high quality business park and industrial precinct' within the Truganina Employment Precinct. The subject land is located in the part of the precinct that is already being developed in a manner more consistent with a business park than a core industrial precinct, which is appropriate for its location. In addition, the IN3Z provides that the use of this land for supermarket, service station, informal outdoor recreation, take away food premises, shop, warehouse and service industry are all as of right uses (in some cases, subject to meeting certain conditions). While indoor recreation facility (as a subset of leisure and recreation) is a use requiring planning permission, use of land for industry in the IN3Z also requires permission, indicating a need to always consider the site context and surrounding area and planning controls of the surrounding area. The IN3Z also includes the requirement that a use must not adversely affect the amenity of the neighbourhood, which indicates that the subject land is not a preferred location for industrial uses that give rise to significant amenity impacts.
6. The purposes of the IN3Z include the need to avoid inter-industry conflict, to provide a buffer between the IN2Z and local communities and to allow for industries and associated uses compatible with the nearby community. The decision guidelines found in the IN3Z include the requirement to consider the effect that the use may have on nearby residential areas which are sensitive to industrial off-site effects, and the effect that nearby industries may have on the proposed use. This use does not create conflict for residential, commercial or industrial uses nearby.

1. There were no concerns expressed with respect to the proposed amendments to buildings and works on the subject land and I consider they constitute an acceptable response to the Scheme controls and surrounding context.
2. However, there was some discussion about the way in which patrons will access the indoor recreation facility and whether there was a need for an alternate car parking arrangement or bus parking area to facilitate those arriving in school groups or for international tournaments. The concern expressed was that the lack of such arrangements may result in pedestrian foot traffic to the venue conflicting with the warehouse uses surrounding it.
3. The Traffic Impact Assessment prepared for the amendment application assessed the indoor recreation facility as similar in car parking requirements to a place of assembly, and considered that 12 spaces were required. However, it considered the entirety of the subject land and varied uses on the site in determining the likely peak parking demand and considered that the peak demand during business hours from Monday to Friday is 160 spaces out of 204 proposed on site.
4. While the assessment did not consider the ability to provide bus parking, the likely peak parking demand indicates that there is space to provide a bus parking area during that time. It is also likely that there will be sufficient parking available during the peak period in which the indoor recreation facility is used, between 5pm and 10pm.
5. It was agreed during the hearing that, despite it not being addressed in the assessment, a bus parking area could be provided as well as a pedestrian pathway to indicate safe access to the facility. I have included this as a requirement of condition 1, with the arrangements to be subject to the satisfaction of the Council.

1. The draft permit conditions provided by the Council did not include amendments to condition 1. I have amended condition 1 to refer to the July 2018 plans that were submitted with the application for amendment (Revision D). The original condition 1 included sub-conditions (a) to (k). I have assumed that these requirements were incorporated into Revision B of the plans as the plans indicate that Revision B is 'amended as per planning permit conditions'. I have therefore deleted those sub-conditions from the amended condition 1 and referred only to the matters relevant to this proceeding. This does not imply that the amendments required by the previous sub-conditions are not required to be made. I have specifically included the phrase 'to the satisfaction of the Responsible Authority' within condition 1 to ensure that if there are any matters that were previously required by condition 1 and have not been picked up by the Revision D plans, the Council can ensure they are incorporated into the plans prior to endorsement.
2. I have also added a new subheading to the permit conditions to address the new use and included new conditions 37, 38 and 39. The permit preamble has also been amended to refer to the use of Indoor recreation facility (badminton and table tennis centre). Changes have been made as were discussed during the hearing or as referred to throughout this decision.

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

• Use and development of warehouses, offices, an indoor recreation facility and a food and drink premises (cafe) and a reduction in the car parking requirement and loading and unloading of vehicles requirements.

1. The development and/or use(s) permitted by this permit must not be commenced until one electronic copy (emailed to mail@wyndham.vic.gov.au) of a site layout plan and elevations drawn to scale and with dimensions is submitted to the satisfaction of the Responsible Authority and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of this permit. Such plans must be generally in accordance with the plans prepared by Lascaris Designs, job number 2016-11, revision D, dated 11 July 2018 but modified to show:
   • (a) A bus parking area provided for the indoor recreation facility and a pedestrian pathway identified on the site to access the indoor recreation facility.

1. The development and/or use(s) permitted by this permit as shown on the endorsed plan(s) 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. Prior to the commencement of any works, including works required by other authorities, a Site Environmental Management Plan must be submitted to and approved by the responsible authority. When approved, the Site Management Plan will be endorsed and will then form part of the permit. The SEMP must be in accordance with Council's SEMP template and guidelines. The approved SEMP must be implemented at all times to the satisfaction of the Responsible Authority. Any non-compliance may be enforced under the Planning and Environment Act and other related legislation. Access to the site must be available at all times for Council representatives to monitor implementation of the SEMP.

The SEMP applies for all works approved in this Permit up to where public land is handed over (and accepted) by the relevant authority and the remainder is completely in private ownership.

Prior to commencement of works, contractors must be inducted into the SEMP and all flora and fauna conservation requirements.

1. Within three (3) months of the commencement of the development hereby permitted, a copy of a landscaping plan, prepared by a suitably qualified person must be submitted to (email mail@wyndham.vic.gov.au) and approved to the satisfaction of the Responsible Authority. Consideration should be given to the use of indigenous plants. All landscape plantings and treatments need to be suitable for the specific climatic and soil conditions of Wyndham. The landscape plan must be generally in accordance with the plan submitted but amended to show the following:
   • (a) High quality integrated landscaping as per the requirements of the Truganina Employment Precinct Structure Plan.
   • (b) Fencing details - with any front fences to include a high level of transparency and to be sufficiently integrated in the landscape frontage (behind front landscaping buffer).
   • (c) An outline of buildings. No floor plans are to be shown on the landscape plan, however the dimensions of the outline are to be informed by the approved site plan.
   • (d) Clearly drafted at a scale of 1:100 or similar with a north point and legend.
   • (e) Clear graphics to indicate trees (deciduous or evergreen), shrubs, ground covers, grass etc.
   • (f) Botanical and common name, pot size, quantity, planting density and size at maturity of all plantings.
   • (g) Notated planting specification drawings.
   • (h) Location and depth of all surface treatments with materials and colours notated.
   • (i) Outline of all built features including buildings, fences, storage, water tanks and utility structures etc. These structures are to be informed by the site plan.
   • (j) Mark all crossovers.
   • (k) Any vegetation or structures within the nature strip.
   • (l) Provision of canopy trees in the front landscaping setback to Infinity Drive and Palmers Road.
   • (m) Maximum 0.9 metre high plantings in visibility splay areas in accordance with design standard 1 of Clause 52.06.
   • (n) Landscaping details for the common balcony area to the offices.

Please note that any foundations of built structures, including any concrete areas such as paths/driveways, must be protected with appropriate tree root/moisture barriers to ensure the integrity of the foundations are not compromised.

1. The landscape area(s) shown on the endorsed plan(s) must be planted and maintained to the satisfaction of the Responsible Authority and once landscaped must not be used for any other purpose except with the prior written consent of the Responsible Authority.

1. The use and/or development permitted by this permit must not be occupied until:
   • (a) the parking area(s) shown on the endorsed plan(s) have been constructed to the requirements and satisfaction of the Responsible Authority;
   • (b) the garden and landscape area(s) shown on the endorsed plan(s) have been planted to the requirements and satisfaction of the Responsible Authority;
   • (c) a full Copy of Title for the individual subject site(s) has been registered, with lot boundaries to align with the warehouses permitted; and
   • (d) the access road Infinity Drive is completed and vested in Council, to the satisfaction of the Responsible Authority.

1. Street trees and existing site trees and nature strips are to be protected from construction activity in accordance with Australian Standard 4970 - Protection of Trees on Development Sites. Grassed nature strips must be protected from construction activity otherwise must be fully reinstated following disturbance.

1. A development infrastructure levy must be paid to the Collecting Agency in accordance with the provisions of the approved Development Contributions Plan applying to the land. Unless otherwise agreed in accordance with the Truganina Employment Precinct Development Contributions Plan, the Development Infrastructure Levy must be paid to the Collecting Agency within the times specified in the Development Contributions Plan or if no time is specified then after certification of the relevant plan of subdivision but not more than 21 days before a Statement of Compliance is issued in respect of that plan under the Subdivision Act 1988.
2. Unless otherwise agreed in accordance with the Truganina Employment Precinct Development Contributions Plan, a Schedule of Development Contributions must be submitted with each stage of the plan of subdivision. This Schedule of Development Contributions must show the amount of development contributions likely to be payable for each subsequent stage and the value of the development contributions in respect of prior stages to the satisfaction of the Collecting Agency.

1. The use and/or development 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, dust, waste water, waste products, grit, or oil; the presence of vermin, or otherwise.
2. Without the further written consent of the Responsible Authority, no warehouse use listed in the table to Clause 52.10 of the Wyndham Planning Scheme shall occupy the buildings hereby approved.
3. No mud, crushed rock or other debris is to be permitted to be carried onto public roads or footpaths from the subject land. Appropriate measures must be in place at all times during construction to prevent this occurrence to the satisfaction of the Responsible Authority.

1. The permit holder/occupier must promptly remove or obliterate any graffiti on the subject site which is visible to the public and keep the site free from graffiti at all times to the satisfaction of the Responsible Authority.

1. The exterior treatment of the building(s) permitted by this permit including all exterior decoration, materials, finishes and colours must be to the satisfaction of the Responsible Authority. All tilt slab or precast concrete buildings must be painted, treated and textured to the satisfaction of the Responsible Authority. The exterior treatment of the building(s) must be maintained to the satisfaction of the Responsible Authority.

1. Any future signage must be located to complement the architectural features of the development and designed to be an integral part of the building, e.g. recessed into the facade, fascia or awning.
2. Any plant equipment (such as air-conditioning, solar panels, TV aerial and rain water tanks) installed on the roof or attached to the building must be screened, incorporated in the built form and treated to minimise any negative visual impact/clutter and preserve the intended design/built form appearance.

1. Goods, equipment or machinery or any other structure must not be erected or stored or left exposed outside a building, including walkways, car parking and landscape areas so as to be visible from any public road or thoroughfare.

1. Outdoor lighting must be designed, baffled and located to the satisfaction of the Responsible Authority such that no direct light is emitted outside the boundaries of the subject land.

1. Areas set aside for the parking of vehicles together with the aisles and drives must be properly formed to such levels that they can be utilised in accordance with the endorsed plan and must be drained and provided with an impervious all-weather seal coat. The areas must be constructed, drained and maintained in a continuously useable condition to the satisfaction of the Responsible Authority.
2. The boundaries of all car spaces, access and egress lanes and the direction in which vehicles should proceed along the lanes must at all times be clearly indicated on the ground to the satisfaction of the Responsible Authority.
3. Areas set aside for the parking and movement of vehicles as shown on the endorsed plan(s) must be maintained in a usable and safe condition to the satisfaction of the Responsible Authority and made available for such use and must not be used for any other purpose.
4. In the event of overflow car parking causing, in the Responsible Authority's opinion, a nuisance, an additional car parking area(s) must be provided on the subject land or elsewhere to the satisfaction of the Responsible Authority within three months of the Responsible Authority requesting the same in writing.

1. Vehicular access to the subject land from any roadway or service lane (and vice versa) must be by way of a vehicle crossing(s) constructed at right angles to the road, to suit the proposed driveway(s) and vehicles that will use the crossing. The location, design and construction of the vehicle crossing(s) must be approved by the Responsible Authority. Any existing unused crossing(s) must be removed and replaced with concrete kerb and channel and any services or infrastructure, including street trees, that require relocation or modification as a result of proposed crossovers must be relocated or modified at the permit holders cost and to the satisfaction of the Responsible Authority or relevant service authority.

1. A concrete kerb of a minimum height of 150mm or such other form of barrier as the Responsible Authority may approve, of sufficient height to prevent the passage of vehicles, must be provided where necessary to prevent vehicles causing damage to garden areas, walls, fences or any other property, to prevent vehicular access/egress other than where driveways are provided and to prevent vehicles projecting beyond the boundaries of the subject land.

1. Disabled parking bays must be adequately identified by the use of signs and/or line marking.

1. Prior to the occupation of the development, directional sign(s) must be provided to the satisfaction of the Responsible Authority to direct drivers to the on-site car parking area(s). Such sign(s) must be located in the vicinity of the frontage of the subject land and maintained to the satisfaction of the Responsible Authority. The sign(s) must not exceed 0.3 square metres in area.
2. Prior to the occupation of the development, 'No Stopping' signs must be provided between crossovers to the satisfaction of the Responsible Authority.

1. The loading and unloading of vehicles and the delivery of goods must at all times be undertaken within the boundaries of the subject land.

1. The whole of the subject land, including landscaped and paved areas, must be drained to the legal point of discharge to the satisfaction of the Responsible Authority.
2. The stormwater runoff generated from the whole of the subject land, including landscaped and paved areas, must not adversely flood neighbouring properties to the satisfaction of the Responsible Authority.
3. If new or additional drainage discharge point is required for the subject land, a separate legal point of discharge permit must be obtained from Council's Engineering Department.
4. All stormwater inlet pits from car parking and paved areas must be grated to prevent the ingress of gross pollutants to Council's stormwater drainage system to the satisfaction of the Responsible Authority.
5. Waste water generated from the development must NOT be discharged into stormwater drainage system.

1. Concurrent with the endorsement of plans, the Waste Management Plan prepared by Solution Traffic Engineers, revision 1.1, dated October 2017 must be submitted to the Responsible Authority for approval. The use and development must be carried out in accordance with the approved Waste Management Plan.
2. An area on the subject land must be set aside for the purpose of a waste disposal/collection bin. Such area must have minimum dimensions of 2.4 metres wide by 1.8 metres deep and where located outside a building it must be screen-fenced so as not to be visible from any public road or thoroughfare. The waste bin area must be provided prior to the commencement of the use permitted by this permit, maintained and used to the satisfaction of the Responsible Authority and must not be used for any other purpose.

1. Concurrent with the endorsement of plans, the Sustainable Management Plan NJM Design Consulting Engineers, revision 2, dated 6 November 2017 must be submitted to the Responsible Authority for approval. The use and development must be carried out in accordance with the approved Sustainable Management Plan.

1. Any form of public address system and telephone amplification must not be used on the subject land except one which is audible only within the perimeter of the subject site.
2. The number of persons attending the indoor recreation facility, at any one time, must not exceed 40 persons except with the prior written consent of the Responsible Authority.
3. Except with the prior written consent of the Responsible Authority, the use of the land for an indoor recreation facility must operate only between 5pm to 10pm, 7 days a week

Completion of Development and Commencement of Use

1. This permit will expire if one of the following circumstances applies:
   • (a) The development and/or use is not started within two (2) years of the date of this permit;
   • (b) The development is not completed within four (4) years of the date of this permit;
   • (c) The use is discontinued for a period of two (2) years.

The Responsible Authority may extend the periods referred to if a request is made in writing whereby either of the following instances apply:

(a) before or within six (6) months after the permit expiry date, where the use or development allowed by the permit has not yet started; or

(b) within twelve (12) months after the permit expiry date, where the proposal allowed by the permit has lawfully started before the permit expires.

[1] From www.nearmap.com.au, taken on 7 April 2019.

[2] The submissions 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] At the time of refusal, the State Planning Policy Framework, as it then was, included policies concerning Industry at clause 17.02. Those policies are now contained in clause 17.03. In this decision I refer only to the current policies contained in the Wyndham Planning Scheme.

[4] The PSP explains, at section 3.2.2 that the Business Activity Centre (as proposed in the Truganina South Community PSP) is intended to be a buffer between the industrial uses to the north and residential uses to the south and will provide a range of business-related services, including a conference centre, motel accommodation, food premises, offices and retail.

[5] At clauses 11, 13, 15, 17, 21.01 and 21.08 of the Scheme.

[6] These principles have been set out in several Tribunal decisions, including Canet v Brimbank CC [2003] VCAT 13; Casey Gardens Developments Pty Ltd v Casey CC [2009] VCAT 2489; Fabcot Pty Ltd v Whittlesea CC [2014] VCAT 600 (21 May 2014).

[7] Expert report of Ms Horsfield, at paragraph 67.

[8] This is to be contrasted with the Tribunal decision to refuse to grant a permit for a place of worship which did not generate any jobs and was not an employment based use - Shree Swaminarayan Gurukul Australia Pty Ltd v Wyndham CC [2018] VCAT 1438.