1. Before the use and development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will form part of the permit. The plans must be drawn to scale with dimensions and be generally in accordance with the plans Next Design Drawing numbers Revision P1, 001, 004-007 (inclusive), Revision P2, 002, 003 but modified to show:

(a) Elevations of the shelter section of the stockyards and typical barrier specifications

(b) Correct area of site on Plan 002.

1. The buildings and works as shown on the endorsed plans must not be altered unless with the prior written consent of the Responsible Authority.

1. Before the development starts, a landscape plan must be approved and endorsed by the responsible authority. The landscape plan must:

(a) be prepared to the satisfaction of the responsible authority

(b) have plans drawn to scale with dimensions

(c) include screening with native and non-native plants between the stockyards and 510 Gundowring Road, Gundowring

(d) be submitted to the responsible authority in electronic form.

1. At all times the landscaping shown on the approved landscape plan must be maintained (including the replacement of any dead, diseased or damaged plants) to the satisfaction of the responsible authority.

1. Downpipe water from the shed must be directed into a water tank, soakwell, or otherwise discharged, so as not to cause erosion to the land or surrounding land, to the satisfaction of the Responsible Authority.

1. Any required existing vehicle crossing not complying with current IDM standard must be constructed at full cost to the applicant/owner, to the satisfaction of the Responsible Authority. Consent for works in the road reserve must be obtained from the Responsible Authority and levels fixed.

1. Any chemicals, oil, fuel, grease, waste or other potential pollutants to be contained within the building must be stored a minimum 500 mm above floor level. Adequate storage areas and shelving must be provided for this purpose.

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.

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 information was ascertained through questions at the hearing.

[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.

[4] Planning Practice Note 42: Applying the Rural Zones, June 2024.

[5] Knox CC v Tulcany Pty Ltd [2004] 18 VSC 375 at [13].