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

(b) be drawn to scale with dimensions;

(c) submitted in electronic form; and

(d) be generally in accordance with the plans forming part of the application and identified as the plans prepared by A&R Little Property Investments Pty Ltd, drawing no. VER-001-R2 dated 9 June 2023 and drawing nos. S102 and S103, dated 21 November 2019, but amended to show the following details:

(i) information regarding the ingredients of the hemp-based mud bricks and the associated manufacturing process;

(ii) fourteen (14) car parking spaces designed in accordance with Clause 52.06-9 (Design Standards); and

1. Before the use starts, an environmental management plan must be approved and endorsed by the Responsible Authority. The environmental management plan must:

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

(b) be prepared by a suitably qualified professional;

(c) submitted in electronic form; and

(d) must detail:

(i) management measures of airborne and/or wastewater emissions generated as a result of the hemp processing and product manufacture;

(iii) measures to prevent dust or particulates from affecting adjoining land; and

(iv) biosecurity measures to be implemented during the operation, including how these will be enforced and how any breaches managed and reported.

1. The Responsible Authority may consent in writing to vary the details in the environmental management plan, subject to the requirements of condition 2 and where the changes do not give rise to material detriment to occupiers of neighbouring land.
2. By-products associated with the use of the land as 'Rural industry (hemp-based mud brick manufacturing)' must not be incinerated on the land.

1. Before the use starts, all proposed areas set aside on the approved plan/s for access, circulation and car parking must be constructed to the satisfaction of the Responsible Authority. Once constructed, these areas must be maintained to the satisfaction of the Responsible Authority.

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

1. The permitted use must only operate in conjunction with the cultivation of industrial hemp on the land as shown on the endorsed plans, to the satisfaction of the Responsible Authority.
2. The permitted use must only utilise industrial hemp grown on the land as a source of earthen filler for the hemp-based mud bricks to the satisfaction of the Responsible Authority. Hemp fibre or hurd and any raw materials derived from hemp must not be imported from outside the land for use in the manufacturing of the hemp based mud-bricks. For the avoidance of doubt, hemp seeds that are associated with crop raising on the land are permitted to be imported from outside the land.
3. This permit only authorises the hemp-based mud bricks of the type described in this permit to be manufactured, stored and made available for sale on the land.
4. All manufacturing processes associated with the permitted use must occur entirely within the building approved under planning permit no T220398-2, as amended from time to time. Hemp based mud-bricks must not be stored outside the shed for drying or curing.
5. All buildings associated with the permitted use must not exceed a combined gross floor area of 500 square metres.
6. The permitted use may only operate between the following hours:

(a) Monday to Friday: 7:00am - 8:00pm; and

(b) Saturday: 7.00am - 1:00pm.

1. Any deliveries to and from the land must occur within the approved operating hours set out in condition 13.
2. No more than ten (10) employees associated with the permitted use are permitted on the land at any one time.
3. Retail sales are not permitted from the land.
4. Any waste material generated from the permitted use must be removed from the land in accordance with the endorsed Environment Management Plan. All vehicles removing waste must have fully secured and contained loads so that no wastes are spilled or dust or odour is created to the satisfaction of the Responsible Authority.

1. The use must not detrimentally affect the amenity of the area, including through the:

(a) transport of materials, goods or commodities to or from the land;

(b) appearance of any building, works or materials;

(c) emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil; or

(d) presence of vermin,

or in any other way, to the satisfaction of the Responsible Authority.

1. All external plant and equipment must be acoustically treated or placed in soundproof housing to reduce noise to a level at all times satisfactory to the Responsible Authority.
2. External lighting must be designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on adjoining land.
3. Noise levels associated with the use must at all times comply with the Environment Protection Regulations under the Environment Protection Act 2017.

1. This permit will operate from the issue date of this permit.

(a) the use does not start within two (2) years after the issue of the permit; or

(b) the use is discontinued for a period of two (2) years.

In accordance with Section 69 of the Planning and Environment Act 1987, an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.

1. Pursuant to section 85(1A) of the Planning and Environment Act 1987 (Vic) ('Act'), conditions 8 and 9 of this permit must not be amended by the responsible authority under Part 4 Division 1A of the Act but may only be amended by the Victorian Civil and Administrative Tribunal pursuant to section 87A of the Act.

[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 will be cited or referred to in these reasons.

[2] This licence is due for renewal in December 2025.

[3] https://agriculture.vic.gov.au/crops-and-horticulture/industrial-hemp

[4] Through the company A & R Little Property Investments Pty Ltd.

[7] Nesting diagram at clause 73.04-5 'Industry group' of the Scheme.

[8] Submission for the Respondent/Permit Applicant, [17].

[9] VCAT Submission P849/2024 by Emma Todaro also on behalf of Mark Todaro and Heather Arnold, [7].

[12] [2022] VCAT 477.

[13] Submission for the Respondent/Permit Applicant, [70], noting that I have only extracted the row in each table that applies to the proposal.

[14] Submission on behalf of the Responsible Authority, [93].

[15] Architectural Press, First edition 2008.

[16] Professor Peter M.B. Walker, Chambers Cambridge, W & R Chambers Ltd and Chambers University Press 1988.

[17] Submission on behalf of the Responsible Authority, [127.1].

[21] Submission for the Respondent/Permit Applicant, 31 March 2025, [53].

[26] Submission on behalf of Darren Todaro, [4].

[29] [2006] VCAT 798.

[30] National Lifestyle, [10]-[12].

[31] Submission on behalf of Darren Todaro, [37].

[43] [1982] VicRp 14; [1982] VR 157.

[44] Submission on behalf of Darren Todaro, [61].

[50] VCAT Submission P849/2024 by Emma Todaro also on behalf of Mark Todaro and Heather Arnold, [35].

[56] VCAT Submission P849/2024 by Emma Todaro also on behalf of Mark Todaro and Heather Arnold, [70].

[60] [2012] VCAT 1675.

[61] With reference to the phrasing used in Collector of Customs v Agfa Gevaert Ltd [1996] HCA 36; (1996) 186 CLR 389.

[62] That were introduced by the Tribunal and accepted by the Council.

[69] Table 1: Vision and future directions / preferred land uses by precinct.

[71] Macquarie Dictionary online edition, Macquarie Dictionary Publishers, Pan Macmillan Australia 2025.

[72] Email from Andrew Little to the Tribunal dated 8 May 2025.

[73] Email from Andrew Little to the Tribunal dated 8 May 2025.