The need to minimise adverse impacts on the character and appearance of the area or features of architectural, scientific or cultural heritage significance, or of natural scenic beauty or importance.

The need to minimise adverse impacts of the siting, design, height, bulk, colours and materials to be used on major roads, landscape features and vistas.

1. In addition to the GWAZ1, the SLO6 has the following specific landscape character objectives to be achieved:

To maintain a comparatively open rural landscape of farmland and bushland patches in which houses, farm buildings and tourist facilities are generally inconspicuous.

To ensure that the siting and design of new buildings complements their setting and reinforces the rural landscape character of the area.

To retain established trees and patches of indigenous vegetation as an important element of the rural landscape and habitat for wildlife.

To allow middle and long distance views from the valley to the surrounding ranges.

To maintain the appearance of an uninterrupted forested backdrop to views.

1. The SLO6 includes a range of relevant decision guidelines relating to new built form, such as:

The visual impact on views from adjoining roads and other publicly accessible viewing points.

Whether buildings and associated works are sited to avoid visually prominent sites such as exposed hilltops or ridgelines.

The impact of the siting of large buildings on their visual bulk, particularly if close to roads or in open settings where there are no other buildings or mature trees nearby.

Whether the profile of buildings do not break the skyline or ridgeline behind the building as seen from nearby roads or other publicly accessible viewpoints.

How the height of buildings relates to the heights of any surrounding tree canopy and nearby development.

Whether external finishes of buildings use muted tones and non-reflective surfaces and incorporate natural elements such as timber and stone.

The visual impact of new development on the landscape having regard to the size of frontage setbacks of buildings.

How far dwellings and associated outbuildings are set back from the road.

The retention of established trees and patches of indigenous vegetation.

1. A permit is triggered for the proposed outbuilding under the SLO6 because it has a floor area in excess of 100m2. Notably, the proposed height of the outbuilding does not trigger a permit under the SLO6.
2. I agree with the Council's submission that the subject site and surrounds is a 'Rural Residential Area' pursuant to Clause 02.03-1 of the planning scheme. The subdivision pattern along this section of Emerald-Monbulk Road is varied, as are the lot sizes. Many of the allotments along this section of Emerald-Monbulk Road are smaller than the subject site. It is also clear that outbuildings form part of the character of this area, and there are examples of outbuildings with footprints over 100m2.
3. The proposed outbuilding is located in the south-western corner of the subject site, to the rear of the existing dwelling, and is setback some 92 metres from the front boundary of the subject site. I agree with the Council's submission that, "the outbuilding is not expected to be visible from major roads, landscape features and vistas." This is a positive aspect of the proposal and contrasts to some other existing outbuildings in the area, that whilst they are relatively smaller, they are positioned closer to Emerald-Monbulk Road. For example, nos. 141 and 145 Emerald-Monbulk Road.
4. There are also examples of outbuildings in the area which are close to a side boundary, such as at nos. 103, 108C, 141, 145, 151 and 170 Emerald-Monbulk Road.
5. The size of the existing outbuildings in the area vary, and I agree with the applicant's submission that the proposed outbuilding is relatively large compared to many of the existing examples. However, I do not consider that it is the outbuilding's absolute size that is determinative, but rather whether it has an adverse impact on the identified character values of the area having regard to its specific physical context.
6. I consider that the size of the proposed outbuilding is acceptable in its context, and support the Council's observation that the outbuilding would occupy a minor 5.35% of the lot, and result in a total site coverage for the subject site of 13.83%. This compares very favourably to other existing outbuildings, located on smaller allotments, such as at no. 170 Emerald-Monbulk Road.
7. Further, the proposed outbuilding: is sited at a low point of the land; has a height which will sit below the riparian vegetation along Menzies Creek; has no impact on existing vegetation; and has a simple form with materials and finishes which are muted and non-reflective.
8. Given the specific existing physical context of the subject site and surrounds, I find that the overall siting, footprint, form and scale of the proposed outbuilding is acceptable in terms of the built form and landscape outcomes sought by the GWAZ1 and the SLO6.

1. For the reasons explained above, the decision of the Responsible Authority is varied. A permit is granted subject to conditions.

Construct or carry out a building or works associated with a use in Section 2.

Construct or carry out a building which is within any of the following setbacks:

• 5 metres from any other boundary.
• 100 metres from a waterway, wetlands or designated flood plain.

Construct a building or construct or carry out works.

1. Before the 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 form part of the permit. The plans must be drawn to scale with dimensions and a digital copy must be provided. The plans must be generally in accordance with the plans submitted with the application (Best Sheds, Job No. 4124882775 and dated 07.05.2024) but amended to show the following:

(a) An annotation on the elevation drawings stating that the external walls and roof cladding are coloured Monolith.

(b) The fall of the land and extent of earthworks to be clearly delineated.

(c) A site environmental management plan (SEMP) prepared in accordance with Condition 7.

1. The development as shown on the endorsed plans must not be altered or modified (unless the Yarra Ranges Planning Scheme specifies a permit is not required) without the prior written consent of the responsible authority.
2. Stormwater runoff from the development must be discharged to a legal point of discharge to the satisfaction of the Responsible Authority.
3. 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.
4. 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. A minimum setback distance of at least 30 metres between the development (including development works) and the stream to minimise sediment erosion.
2. A site environmental management plan (SEMP) prepared prior to construction works to the satisfaction of the responsible authority and all relevant works are conducted according to the SEMP.
3. Property boundary setbacks must not be altered unless with the previous written consent of Melbourne Water.

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

(a) The development is not started within two years of the date of this permit, or

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

The responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of expiry of permit of the commencement date.

An extension of time to complete the development or a stage of the development may be requested if:

• The request for an extension of time is made within 12 months after the permit expires; and
• The development or stage started lawfully before the permit expired.

[1] 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 is cited or referred to in these reasons.