1. An emergency management plan (in consultation with the Country Fire Authority and Victoria Police) to include: 1. contingency plans for emergency situations including but not limited to - fire, civil disturbance, power failure, medical emergencies; 2. provision of a temporary medical centre capable of treating injuries, medical officer(s), ambulance crew(s) and St John's ambulance team(s) adequate to cater for 15,000 people; 3. communication facilities to the local hospitals, including the Rosebud and Frankston public hospitals, and ambulance services; 4. fire fighting measures and appliances to the satisfaction of the Country Fire Authority; 5. all caterers to comply with the Country Fire Authority regulations if cooking is to be conducted on site; and 6. fire protection and management.

1. A traffic management plan (in consultation with VicRoads and Victoria Police) prepared by a suitably qualified and experienced traffic engineer. The traffic management plan must be generally in accordance with the statement of evidence of Mr S Davies dated 17 October 2007 to the Victorian Civil and Administrative Tribunal in Application for Review No. P1944/2007 but also provide for: 1. access routes to and from the site; 2. parking controls, including free parking on-site to encourage patrons to park in the designated parking areas (unless an alternative is approved by the Responsible Authority) and incentives to encourage cars to occupied by the maximum number of persons lawfully able to be carried in the vehicle. 3. contingency provisions in the event of traffic accidents, breakdowns and illegal parking on road reserves; 4. access provisions for local residents and businesses; 5. no pass-outs for patrons' vehicles/motorcycles/bicycles after entering the site; 6. bus routes and timetables to provide transport to and from the racecourse, Frankston, townships on the Mornington Peninsula, and the Mornington Activity Centre; 7. an assessment of the impact of the proposal on the surrounding declared road network including the following intersections: * Nepean Highway/Mornington-Tyabb Road; * Nepean Highway/Bungower Road; * Moorooduc Highway/Mornington-Tyabb Road; and * Moorooduc Highway/Bungower Road. 8. measures to discourage vehicles (excluding residents and emergency vehicles) from using Roberts Road including but not limited to the operation of gates to prevent access as well as streets to the west of the racecourse (such as Watt Road and Woodbyne Crescent); and 9. measures to ensure that access to the premises on the north-east corner of the Mornington-Tyabb Road and Racecourse Road is maintained during the event and patrons attending the event do not park in the parking area provided for patrons attending this premises. 2. A patron management and security plan (in consultation with the Victoria Police) generally in accordance with the statement of evidence of Mr A Warren dated October 2007 to the Victorian Civil and Administrative Tribunal in Application for Review No. P1944/2007, that must include (but is not limited to): 1. personnel numbers, management structure, roles, responsibilities, powers and procedures; 2. provision of Police resources as required by Victoria Police; 3. arrangements for orderly patron and vehicle queuing; 4. signage to be used to encourage responsible off-site patron behaviour; 5. arrangements for the responsible serving of alcohol; 6. the training of staff in the management of patron behaviour; 7. the management of security on buses associated with the event; 8. requirements that there be no bottles or glass, fireworks, laser lights or similar devices or materials; 9. details and frequency of security patrols internal and external to the property, including in the Mornington town centre after leaving the event and on main roads and local streets in the vicinity of the Mornington Racecourse; 10. treatment and identification of property boundaries; 11. communication provisions; 12. security provisions and protocols for nearby residents and properties; 13. security lighting in the car parking area and along the Mornington-Tyabb and Racecourse road boundaries and ensuring that security lighting does not fall directly upon the adjoining residential properties; and 14. a dedicated complaints hotline for the duration of the event in relation to patron and security issues; 15. procedures for recording, investigating and actioning complaints; 16. within 30 days of the completion of the event, a report detailing: 1. the results of patrols required by Condition 3(e)(ix) including any incidents; and 2. complaints received and actioned referred to in Condition 3(e)(xv). 3. A waste management plan to include: 1. prohibiting any bottles or glass; 2. an assessment of waste streams likely to be created on site; 3. management methods for each waste stream; 4. removal of waste from the areas utilised by horses including the racetracks, equestrian trails surrounding the site, and road reserves around the racecourse property; and 5. the timing and details of removal of all waste on site and off site with locality rehabilitation to be completed as soon as possible after the event has finished. 4. A risk management plan generally in accordance with the report by Ms Tracey Wall dated 21 May 2007 and expanded to include risks to the surrounding roads and properties and the Mornington activity centre as a result of the event. 5. An event staging plan detailing the timing for setting up and dismantling structures, equipment and facilities at the site.
2. The Responsible Authority must be notified, in writing, three months prior to the date of the proposed event, to confirm if the event will be proceeding.
3. Copies of the endorsed Plan must be distributed to all relevant authorities at least one month before the event is to be held.
4. The event must be carried out in accordance with all of the requirements of the endorsed Plan to the satisfaction of the Responsible Authority.

1. The event is limited to 15,000 patrons. Tickets to the event that are released, sold and/or issued by the operator must not permit a higher number of patrons at the event. No more than 15,000 patrons shall be permitted to attend the event at any one time.
2. No camping is permitted on the site or surrounding land.
3. There shall be on the site at all times whilst the site is used for the purpose hereby permitted a person above the age of 21 years responsible for the good conduct of patrons and staff (hereinafter referred to as 'the manager').
4. The manager shall at all times be authorised by the permit holder to be an authorised spokesperson on the permit holder's behalf to any officer of the Responsible Authority or the Victoria Police concerning the conduct of the event.
5. Patrons shall not be permitted to bring alcohol onto the site. The manager shall use his/her best endeavours to prevent alcohol from being brought onto the site consistent with the patron and security management plan referred to in Condition 3 to the satisfaction of the Responsible Authority.
6. All motorbikes to be used by security personnel must be muffled to meet VicRoads' standard for road usage.
7. No fireworks or other pyrotechnics, laser lights, or helicopters (other than helicopters required for emergency purposes only) shall be allowed on the land.

1. Noise levels shall at all times comply with State Environment Protection Policy (Control of Noise from Commercial, Industrial or Trade Premises within the Melbourne Metropolitan Area) No. N-1 and State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2 to the satisfaction of the Responsible Authority.

1. Fourteen days prior to the commencement of the event, the permit holder shall provide the Responsible Authority a copy of a certificate of currency for its Insurance Policy including public liability.

1. Authorised staff of the Responsible Authority and emergency services personnel shall at all times be entitled to free access to any and every part of the event site.

1. The layout of the site and the size and design of the proposed buildings or works as indicated on the endorsed Plan shall not be altered or modified without the approval of the Responsible Authority.

1. The permit holder shall ensure the site and environs are reinstated to an equivalent condition as existed prior to the event being conducted to the satisfaction of the Responsible Authority.

1. The operation of the event is subject to gaining all necessary approvals from Victoria Police and the Director of Liquor Licensing Victoria. The sale and consumption of alcohol on the site shall be limited to the restrictions associated with a limited liquor license.

1. The event operator must use its best endeavours to facilitate pre-purchase of tickets for the event prior to the day of the event to the satisfaction of the Responsible Authority.
2. All event tickets shall have printed on, or attached to them statements to the following effect:

1. no alcohol may be brought onto the site; 2. there is no parking available in the areas surrounding the racecourse and that patrons should park in the parking area provided at the racecourse;

1. parking will be available on-site free of charge (with details also printed on the tickets of incentives as agreed through the traffic management plan to encourage cars to occupied by the maximum number of persons lawfully able to be carried in the vehicle);

1. a free bus service for ticket holders will be provided to and from the venue to places to be nominated on the tickets (those places being agreed with the Responsible Authority in accordance with the endorsed traffic management plan); 2. that the racecourse is in a residential area and that patrons must not cause a nuisance or disturbance when entering or leaving the event; 3. no vehicle pass-outs will be provided once vehicles have entered the site; 4. pedestrian pass-outs will only be provided in exceptional circumstances determined by nominated protocols (those protocols being agreed with the Responsible Authority in accordance with the endorsed patron and security management plan); 5. relevant details of the emergency management plan; 6. no animals will be permitted onto the event site; and 7. no fireworks, laser lights, flares or similar materials or devices may be brought onto the site.

1. A maximum of two advertising signs may be displayed on the site associated with the promotion of the event for which the maximum total advertising area shall not exceed four square metres. The signs must not be erected earlier than six weeks prior to the event and must be removed within one week after the event. The siting, design and advertising message of the signs shall be to the satisfaction of the Responsible Authority.

[1] The application was made for Sunday 6 January 2008 and four subsequent years - 4 January 2009, 3 January 2010, 9 January 2011 and 8 January 2012. As foreshadowed by correspondence dated 26 October 2007, at the start of the hearing, the Applicant requested I amended the application. That request was not opposed by the Council but was opposed by Mr Lambert. Having considered submissions, I decided to grant leave to amend the application as requested by the Applicant resulting in application being for 4 January 2009, 3 January 2010, 9 January 2011, 8 January 2012 and 6 January 2013 (all Sundays). On the third day of the hearing, Mr Jones requested a further amendment to the application, to change the dates from 9 January 2011 to 8 January 2011 and from 8 January 2012 to 7 January 2012, so as to avoid a clash with the market at the racecourse and to avoid bringing the event close to New Years Day. That request was not opposed by Mr Beazley but he noted potential issues with dismantling the site to enable the market to proceed. I granted leave for the amendment.

[2] Referred to in the oral evidence of Mr Davies.

[3] I was advised amendments to the permit have been sought to the permit.

[4] Pursuant to Clause 36.02. I have considered the Clauses' purpose and decision guidelines as relevant to the proceeding.

[5] The decision guidelines at Clause 52.06-01 have been considered. Other particular provisions relevant to a decision that have been considered by the Tribunal are Clause 52.29 as well as the general decision guidelines at Clause 65. VicRoads did not object to the proposal subject to conditions.

[6] Proposed on-site signage as allowed by the Council's draft permit conditions would not comply with the temporary signage provisions of Clause 52.05-3. Relevant decision guidelines of that Clause have been taken into account by the Tribunal.

[7] A Public Acquisition Overlay applies to a small corner of the land but that is not relevant to this proceeding.

[8] Based on Clause 62.03. In this case, Mr Beazley said the Department of Sustainability and Environment has given its consent to the permit application being made but has not authorised the event and thus the exemption does not apply.

[9] For example, objectives relating to lot sizes in Design and Development Overlay Schedule 6.

[11] I was advised that all road marshals would be accredited by VicRoads.

[12] The tendered plan showed the Steeples car park as not being used for patron parking. It also showed additional parking north of the smaller training track. The two plans prepared by Mr Davies involved a standard parking template with aisles and bays overlaid on the land but without exclusion of trees and some buildings.

[13] A letter from Heggies, to which I refer shortly, refers to the distances as being more accurately 360 metres west north west, 440 metres east south east, and 650 metres north north east.

[14] Letter to the Mornington Peninsula Shire Council dated 2 August 2007. The letter states that the varied distances to dwellings it calculated compared with the distances used by Mr Rogers are without significant differences to predicted noise levels compared with the Rogers' assessment. I note the distance used by Mr Rogers to the closest dwelling is less than Heggies (and therefore a more conservative assessment).

[15] Submission to the Council, dated 16 May 2006, at page 10 of 67.

[16] I did accept this type of condition in Carey v Pyrenees SC [2006] VCAT 2618 where the circumstances of the land and the weekend festival were quite different to those applying in this case.