Figure 2 Extract from Amended Estate Development Plan[2]

1. The proposal is out of sequence within the PSP and there are currently no approved subdivisions to the north, east or south, with land to the west to remain in the FZ.[3] The subdivision requires interim arrangements for access and stormwater management until other areas in the PSP are developed to provide the longer term planned infrastructure. The proposed interim arrangements are:
   • Access to Stage 1 south from the Warragul - Lardner Road and then east via interim access on Government Road reserves connecting to Road 2.
   • A temporary access road connecting Road 1 and Road 10 across the waterway corridor.
   • Interim stormwater detention basins north and south of the drainage line near the eastern boundary.

1. The Warragul PSP was approved in September 2014 and is an incorporated document in the planning scheme to facilitate and guide the future urban growth of Warragul from 14,000 to 44,000 residents while protecting surrounding farmland and urban villages.
2. The Baw Baw Planning Scheme ('planning scheme') in the Municipal Planning Strategy ('MPS') and Planning Policy Framework ('PPF') identify Warragul as a regional centre and growth area and support its development to accommodate future population growth.[4] The PSP is a response to this policy and provides the framework for orderly planning of the growth area.
3. Development is not to occur in a vacuum and there are a range of policies relevant to environment management, urban design, subdivision design and other matters.[5]
4. These policies are relevant to the exercise of discretion and are considered during the preparation and approval of the PSP. The objectives, requirements, guidelines and conditions in the PSP now largely provide the framework for the detailed consideration of relevant site specific issues as development occurs.
5. The site is in the UGZ which includes the following purposes:

To implement the Municipal Planning Strategy and the Planning Policy Framework.

To manage the transition of non-urban land into urban land in accordance with a precinct structure plan.

To provide for a range of uses and the development of land generally in accordance with a precinct structure plan.

To contain urban use and development to areas identified for urban development in a precinct structure plan.

...

1. Clause 37.07-10 requires subdivision in the zone be generally in accordance with the PSP applying to the land and include any conditions that are specified in a schedule to the zone or the PSP. Schedule 1 to clause 37.07 includes the Warragul PSP Future Urban Structure ('FUS') plan, identifies the applied zone provisions, and includes extensive application requirements for subdivision.
2. In the PSP approximately two-thirds of the subject site is marked for residential development (with the applied General Residential Zone), with land west of the drainage line to remain in the FZ for agriculture. An extract from the FUS plan in the PSP is shown in Figure 3 with the site identified by a blue arrow. The cream colour indicates residential development.

Figure 3 Extract from Plan 2 Future Urban Structure in PSP

1. The following issues were identified by the parties in submissions and evidence before me:
   • Is the subdivision generally in accordance with the PSP?
   • Development sequencing
   • Interim access
   • Interim stormwater management
   • Biodiversity
     • Native vegetation
     • Giant Gippsland Earthworm and Warragul Burrowing Crayfish
     • Other species
   • Subdivision design including earthworks and retaining walls
   • Waterway management and the existing dam
   • Response to clause 56
   • Other matters.

IS THE SUBDIVISION GENERALLY IN ACCORDANCE WITH THE PSP?

1. There have been a number of Tribunal decisions dealing with whether an application for a permit is 'generally in accordance' with a PSP.[6] In my view these cases are consistent in that the PSP must be considered as a whole. It is a not a narrow view of whether an application accords at face value with a particular plan or a particular part of the text of the PSP.
2. There is also significant authority for the propositions that generally in accordance is to be judged on the facts and circumstances of the case and the less detail there is in the primary documents at issue, the more flexibility there is to interpret what generally in accordance might mean.
3. The Tribunal in Intrapac highlights, in that case regarding the Truganina PSP, how the PSP is to be read. The Warragul PSP contains the same approach in Section 1.1 which consists of, in summary:
   • Requirements which must be adhered to during development.
   • Guidelines which provide guidance on how the responsible authority will exercise discretion in decision making on certain matters.
   • Conditions which must be included on a permit where relevant.
4. There is no dispute between the parties about this approach in principle. The differences come down to how particular matters in the application respond to the requirements, guidelines, and conditions in the PSP.

1. At the broad level of the FUS plan, I am satisfied that the subdivision is generally in accordance with the PSP. The location of future residential areas, the waterway corridors, and the balance FZ area are as shown in the PSP. This is a relatively straightforward site within the PSP in that there are no community facilities, PSP level roads, regional open space areas or major infrastructure elements such as drainage basins.
2. I must in concluding on this matter consider the PSP as a whole and this requires a closer analysis of some of the requirements and guidelines in the PSP that were contested in the hearing. These matters I consider further in these reasons and overall conclude that the subdivision is generally in accordance with the PSP. Of note I conclude that because the subdivision requires interim servicing arrangements does not itself make it inconsistent with the PSP. Over time I am satisfied that the subdivision and consequent development of the site will be in accordance with the long term planning framework envisaged in the PSP.

Co-ordinate development sequencing and staging with the delivery of key infrastructure.

1. Requirement R62 includes the following in relation to sequencing and staging:

1. Council's view is that the application does not adequately respond to the requirement and guideline and is not consistent with Clause 11.02-3S - Sequencing of development in the planning scheme. It stated:

Council maintains this ground because the Applicant refuses to acknowledge its role in the timely delivery of services and infrastructure, such as the delivery at the outset of the subdivision of transport, pedestrian and cycling links to the north, east and south.

1. Council considers 82 Butlers Track to the east should be developed first as it will provide a range of facilities and will allow the subject site to be developed with road connections aligned with that property.
2. Mr Glossop in his evidence identified that development of the subject site will be challenging without knowing the form of development on 82 Butlers Track,[7] but noted that if the subject site is developed first, that property to the east will need to respond accordingly.

1. It is clear that the PSP itself countenances out of sequence development and the reasons for this are obvious. It enables competition between development areas and fronts and allows developers who are ready to commence development the opportunity to subdivide even if they are not physically the next property in a geographical sense. Out of sequence development needs to occur with adequate infrastructure servicing in a way that does not compromise the broader objectives of the PSP.
2. Having reviewed the relevant requirements in R62 I am satisfied that the application is acceptable from a sequencing point of view. In particular I am satisfied that appropriate access and utilities can be provided. Access is to be provided on an interim basis, but this is not an unusual situation in growth areas and in this case, I consider it will not compromise the broader implementation of the PSP. I consider the interim arrangements in more detail later in these reasons.
3. While there may be other applications on foot in this area of the PSP, my understanding is that there are no approved subdivisions to the north, east or south. The only guidance for the application is thus the PSP itself as there are no approved exterior references for, for example, local road connections. As Mr Glossop identified, this makes it challenging to integrate it with surrounding projects when there are no such approved projects. I also accept his evidence that this means the applications coming later will need to be consistent with the subdivision of the subject site.
4. Planning seeks an acceptable, rather than ideal, outcome and I am satisfied that the application before me can be appropriately serviced within the framework of the PSP and does not need to wait on subdivision elsewhere.

1. The only road at the PSP level on the subject site is a small portion of the Connector Boulevard[8] that cuts across the southeast of the site as shown in Figure 2. The site will ultimately be accessed by:
   • The southeast Connector Boulevard.
   • Subdivision access roads to the land to the east.
   • A new Access Street which will run from Butlers Track to the Warragul - Lardner Road; abutting approximately the eastern half of the northern boundary of the subject site as shown in Figure 2.
2. The subdivision requires interim access arrangements until the land to the north, east or south is developed with some of the broader connections outlined above. Access to Stage 1A will not be provided on an interim basis and this section will be developed only when access to the north via the Access Road as shown in the PSP is developed by that landowner.
3. The interim access arrangements in the expert evidence of Mr Walsh, are, in summary:
   • External access via construction of the east - west and north - south Government Road on the northern boundary of the site west of the proposed Road 2 to the Warragul - Lardner Road to a rural style road (Access Street Level 1) with a 6.2 metre wide pavement width; including minor realignment of the Government Road/Warragul - Lardner Road intersection.
   • An interim internal north - south road with a 5.5 metre pavement width on the eastern boundary crossing the waterway and linking Road 1 with Road 10 to provide access to stages 2 and 3.
4. His view is that this is an acceptable interim arrangement for the expected traffic volumes. Mr Walsh's evidence was that while the upgrade of the Warragul - Lardner Road is in the PSP, the traffic levels generated from this subdivision added to existing traffic on Warragul - Lardner Road are well within the road's capacity. In addition, he notes that the road widening eventually required on the Warragul - Lardner Road would need to be undertaken on land not in the ownership of this applicant.
5. Council objected to the interim access arrangements on a number of grounds, being that construction of the interim access to a rural road standard is not acceptable; the Warragul - Lardner Road should be upgraded now as the applicant is the first to subdivide and develop, and the interim access over the drainage corridor is not an acceptable width.

1. I understand Council's position that as the first 'cab off the rank' in this area the applicant should upgrade the Warragul - Lardner Road in accordance with the eventual PSP outcome. However, in the circumstances I do not think this is reasonable for two reasons. Firstly, there is a practical reason. The land needed to widen the road reserve is not under the control of the applicant. Council did not indicate they are prepared to facilitate acquisition to allow short term widening to occur.
2. Secondly, based on the evidence of Mr Walsh the traffic generated by this subdivision does not of itself result in the Warragul - Lardner Road approaching capacity. The increase in traffic from the subdivision on this road is significant in proportional terms, adding 810 vehicles per day for a total of 2,100 vehicles per day. However, Mr Walsh indicated upgrading would not be warranted until around 15,000 vehicles per day. The applicant will still need to contribute to the road upgrade through the DCP, but I do not consider it reasonable or economically efficient that the road be upgraded by the applicant at this time based on predicted traffic volumes.
3. I accept the evidence of Mr Walsh that the access road from Warragul - Lardner Road to the subdivision is an acceptable interim option and will provide safe access of suitable capacity. The eventual new road to the north connecting Warragul - Lardner Road to Butlers Track is an Access Road Level 2 with a minimum 20 metre reservation. This will provide access to the subdivision from the north but is dependent on the development of land to the north.
4. I note Council's view that a minimum 16 metre reservation with a 7.3 metre wide pavement is required as a minimum for the interim solution.[9] If the proposal was for the eventual access I would accept Council's position.
5. In the circumstances, and noting that part of the Government Road interim access in a 16 metre wide reservation would require acquisition of land not in the applicant's ownership, I consider the applicant's proposal as put forward acceptable.
6. The temporary access road pavement linking Road 1 and Road 10 is proposed at 5.5 metres width. There was discussion in the hearing as to whether this is adequate given the access may have to accommodate residential traffic, construction traffic and pedestrian and cycle traffic in its interim form. The temporary access will also be elevated to some extent above the drainage line. In this circumstance I am not satisfied that the 5.5 metre wide pavement proposed is wide enough and by condition have included the temporary access road at a 7.3 metre wide pavement to include a 1.5 metres footpath.
7. There was also discussion about whether the temporary access road across the waterway might become permanent. This was not Council's preferred position, but the conditions are drafted such that if warranted, it could be made permanent by secondary consent. Provision for a bond to ensure the removal of the temporary access road is also made in the conditions.

1. On Plan 9 - Integrated water management, the PSP identifies a large stormwater retention basin downstream of the subject site (DCP Project DR-SW-01). The basin will be developed on land to the east and northeast of the subject site. As the eventual stormwater basin timing is not known, an interim stormwater solution is required to be provided on the subject site.
2. Two interim basins are proposed in the Stormwater Management Strategy (8 November 2021), Interim Detention Basin A north of the drainage line and Interim Detention Basin B south of the drainage line as shown in Figure 2. Mr Bishop's evidence was that subject to detailed design, the two interim basins '...appear to meet both water quantity and quality treatment objectives'.
3. Mr Bishop also undertook an assessment of the impact on the hydrological regime and the consequent impact on GGE and WBC habitat. His view was that changes in the hydrological regime are unlikely to be material and within annual and seasonable variability.
4. Council's view was that the interim drainage basins should be '... located and integrated into the development, away from the existing waterway corridor' to minimise environmental impacts on habitat values. In relation to this, Reeds Consulting in the Stormwater Management Strategy noted:

... Our assessment indicates that placing interim detention basins within future lot boundaries will result in significant cut requirements, with associated batter and maintenance constraints due to the steep grades of the site. Grades in the waterway reserve are much flatter hence we strongly encourage to construct the interim detentions adjacent to road reserves at the fringe of the waterway corridor subject to detailed design. Detention basins should be aligned to minimise environmental impacts on the existing waterway.

1. The need for an interim drainage solution is not in dispute as the timing of the PSP ultimate drainage basin is unknown. The location of the interim basins in the lower part of the site catchment is also logical as treatment and retention of stormwater can take place before it leaves the site and travels down catchment.
2. I note Council's view that the interim basins should be located within the development area rather than in the drainage reserve. I understand their view that this will reduce or minimise environmental impacts in the drainage reserve, particularly if the basins impinge on sensitive GGE or WBC habitat. Any drainage works will also need to be cognisant of habitat requirements for the Dwarf Galaxias.
3. I understand however that constructing the basins higher in the landscape in the development area will result in significantly increased earthworks (cut) through having to perch the basins higher in the landscape. I consider this an inferior outcome with potentially much greater overall environmental impact. The proposed basins are shown in an indicative location avoiding identified WBC and GGE habitat; detailed design and construction of the basins will need to be undertaken with input from ecologists as necessary to ensure any habitat impacts are managed. I make this assessment in the knowledge that the waterway, although allowing GGE and WBC to persist, is in otherwise poor condition with very significant pugging and little remnant vegetation in the east - west section.
4. I have also included a condition to allow the widening of the temporary access road across the waterway as discussed earlier in these reasons; this may have implications for the size and location of the basins and will be another factor to be considered in detailed design.
5. Conditions are included to ensure the interim basins are removed and rehabilitated when possible.

1. The subject site contains several threatened species listed under either State or Commonwealth[10] legislation including:
   • Strzelecki Gum (Flora and Fauna Guarantee Act 1988 (Vic) ('FFG Act') and Environment Protection and Biodiversity Conservation Act 1999 (Cth) ('EPBC Act').
   • Giant Gippsland Earthworm (FFG and EBPC).
   • Warragul Burrowing Crayfish (FFG).
   • Dwarf Galaxias fish (FFG and EPBC)
2. Suitable habitat for the EPBC Act listed Growling Grass Frog was recorded but no individuals were found.
3. The PSP contains the following objective O7:

Preserve and enhance areas with high environmental values.

1. Plan 6 in the PSP identified biodiversity on the site at a high level as shown in Figure 4. This includes a native vegetation patch VR-SW-03 identified as a 0.2 hectare 'Remnant patch of Swampy Riparian Woodland (EVC 83) adjacent to water in Spring Creek' and an area of 'potential earthworm habit (ESO4)'.[11]

1. The following requirements apply to native vegetation in the PSP:

1. The following relevant guidelines are in the PSP:

1. The PSP also contains conditions to be applied to permits for a GGE Management Plan and Vegetation Protection Zones around retained vegetation.
2. The native vegetation on the site was mapped by Ecology and Heritage Partners and includes, in summary, the following Ecological Vegetation Classes ('EVC'):
   • Areas of Swampy Riparian Woodland (EVC 83) along the east - west and south west - north east drainage corridors.
   • An area of damp forest (EVC 29) in the south west corner along the drainage line.
   • An area of Aquatic Herbland (EVC 83) in the farm dam.[12]
3. The native vegetation, in the evidence of Mr LeBel totalling 4.773 hectares, is almost all in and around the drainage lines, with 2.931 hectares comprising the Swampy Riparian Woodland. In addition, there are 28 large trees in patches being 27 Strzelecki Gum and one Manna Gum.
4. Mr LeBel's evidence is that the subdivision will result in the loss of 0.102 hectares of native vegetation in the Swampy Riparian Woodland due to the waterway crossover, interim detention basin A (discussed later in these reasons) and a small area along the northern boundary of Lot A. His evidence is that a general offset of 0.015 General Habitat Units is required and there are available sites in the region for the offset provision. All the nationally significant Strzelecki Gum are to be retained with some tree protection zones needed for this species on the eastern side of the drainage corridor.
5. Council's view is that requirement R35 has not been met due to the potential impact on trees along the drainage reserve by Road 10, with impacts on Tree Protection Zones ('TPZ') being greater than the 10% allowed under the relevant Australian Standard. This view was shared in the arboriculture evidence of Mr Rogers, who recommended that Road 10 be realigned to reduce this threat.

1. The detailed assessment of native vegetation has recorded additional areas of EVCs to the broad assessment in the PSP. I am satisfied that the subdivision design successfully retains nearly all of the remnant vegetation and particularly all of the Strzelecki Gums. The need to increase protection of TPZs along Road 10 is accepted by the applicant and these relatively minor changes are picked up in the revised condition 1 in Appendix A.
2. The small amount of Swampy Riparian Woodland to be removed can be offset and overall, I consider the design response an acceptable outcome for native vegetation when considered against the provisions of clause 52.17 and the requirements in the PSP. In net terms the removal of livestock from the waterway corridors coupled with active management and rehabilitation over time should provide significant native vegetation and broader biodiversity gains.

Giant Gippsland Earthworm and Warragul Burrowing Crayfish

1. In addition to requirements R32 and R34 above, the following requirements in the PSP relate to GGE and WBC:

1. The biodiversity guidelines including those in paragraph 58 above are also relevant to GGE and WBC for habitat protection and reinstatement.
2. Figure 2 shows the areas of assessed habitat and the presence of the GGE and WBC; I have included the specific plan from the Invert-Eco assessment addendum dated 16 January 2024 in Figure 5 which shows where individuals were recorded.
3. Mr LeBel's evidence was that there will be small areas of habitat impacted by the subdivision and development as follows:
   • 3% of the GGE habitat will be impacted along the fringe of Road 10.
   • 3% of the Dwarf Galaxias habitat will be impacted by the temporary road crossover.
   • 6% of the WBC habitat will be impacted along the northern edge along Road 1.[13]
4. In his evidence he included a number of mitigation measures including management planning for conservation and salvage where possible.

1. Small areas of habitat will be lost on the fringes of development as outlined above. However, I am satisfied that the requirements in the PSP have been met and the impacts can be minimised to an acceptable level. I make this finding primarily because development is being excluded from the main identified habitat areas which will be protected within the waterways and drainage corridor.
2. These areas are to be managed for their conservation and drainage values and not for open space and recreation. The waterway corridors are currently in a poor state due to past and continuing agricultural use, and in my view protection and rehabilitation will provide, over time, the opportunity for significant improvement in habitat values.
3. Conditions are included to provide for a management and monitoring plan for GGE and WBC which includes among other things, identification of the conservation areas and processes for pre-construction surveys, construction monitoring by an ecologist, salvage procedures and ongoing population monitoring. Other related conditions include fencing of WBC and GGE habitat and the development of a broader Waterways Management Plan which is to include identification of GGE and WBC areas and rehabilitation and replanting arrangements.

1. Dwarf Galaxias have been recorded in the waterway on site and Growling Grass Frog habitat was recorded but no individuals were found.
2. The following requirement in the PSP is relevant

1. Requirement R34 is also relevant to Dwarf Galaxias and the Growling Grass Frog, requiring the applicant have regard to significant impact guidelines and mitigation measures for the species.
2. Two interim drainage basins are to be constructed in the waterway corridor as outlined earlier in these reasons.

Tribunal assessment of Dwarf Galaxias and Growling Grass Frog

1. While the interim drainage basins are just that, and meant to be temporary, they may still be in place for some time and thus I consider it appropriate that their design incorporate suitable habitat for these species where possible. Conditions are included in Appendix A accordingly.
2. Overall, the area of impact from the temporary waterway crossing and drainage basins is relatively small and provided appropriate environmental management measures are applied during construction the impact to these species should be low. Conditions requiring consideration of the design and construction of these interim features to protect the Dwarf Galaxias and Growling Grass Frog habitat are included in Appendix A.

SUBDIVISION DESIGN INCLUDING EARTHWORKS AND RETAINING WALLS

O1 Preserve the rural character of the Baw Baw Shire by retaining significant elements of the landscape and maximising views to the town's hinterland.

O6 Respond to the existing topography of the land.

1. The PSP contains the following relevant requirements:

1. Council's view is that based on their experience:

...the employment of extensive retaining wall structures has resulted in unsatisfactory planning outcomes given their visual presence and propensity to dominate both landscape and neighbourhoods. It is for this reason, as well as the need to ensure development is accessible and safe, that the Warragul PSP requires landscape and topography to be considered from the outset and integrated into the design of proposals on steep sites.

1. It submitted that because of the steep topography, extensive earthworks are being proposed with retaining walls up to 2.6 metres high which is not an acceptable response to the landscape of the subject site.
2. An extract from one of the bulk earthworks plans is shown in Figure 6 of the southern edge of the subdivision, with purple indicating sleeper retaining walls and brown indicating rock retaining walls.
3. In his evidence for the applicant Mr Ravida outlined the design process for the subdivision and the need to balance matters such as road layouts and grades and lot yields. He also noted that no earthworks are proposed in the waterway corridor. He identified that one of the key drivers is to provide relatively flat area for builders for house sites:

The proposed finished gradient and levels of the lots are a key consideration for builders, particularly where the slope of the building pad area (within the Building Envelope) starts to exceed about 5% - 6%, as the amount of work associated with the site preparation earthworks, slab underside works and garden retaining walls increases with higher slopes resulting in higher building costs.

1. Mr Ravida noted that there are only small areas across the site where slopes exceed 10%, and across the slopes they measured the average slope is 7.7%. In the PSP table that defines slopes the slopes on site range from flat to moderate to steep but do not fit the very steep and extremely steep categorisations.

1. In closing submissions, Council revisited the issue of whether staggering retaining walls, that is having more smaller retaining walls, could reduce the amount of earthworks required and enable the subdivision to better respond to topography; it provided a simple plan to illustrate its view.
2. In his response Mr Ravida used a number of examples to demonstrate that Council's approach is simplistic and would not result in significant reductions in earthworks but would result in significant additional costs. His view is that:

...the underlying engineering analysis of the site constraints, existing and proposed design levels and slopes and other intrinsic elements of the overall design cannot be undermined or over-simplified.

1. In the hearing I was shown a number of developments within the PSP where the use of retaining walls of various heights appears to be a well-established approach to land development; this was borne out in my inspection of those areas post hearing. I accept the many factors driving this including the need to provide relatively level sites for volume builders to keep land costs down.
2. Overall, the landform in time will present generally as it is now, that is, for example, the AHD level of the waterway near the existing dam and the AHD level of the eastern boundary will be similar to pre-development levels, even if within this slope there is significant variation due to cut and fill and retaining walls. At this macro level the landscape will still be able to be readily discerned and as landscaping establishes, the overall effect of development will be softened. I consider this is an acceptable response to design and consistent with R11.
3. R12 is an information requirement, and I am satisfied that even noting Mr Ravida's evidence that most of the site is under 10% slope, I consider the application earthwork plans satisfy this requirement as they include the information to the level of detail specified.
4. In relation to R13, I understand that there may be minor exceptions including for example on the south west corner of Lot 326 (see Figure 6) where the retaining wall fronting the street is variously 1.07 and 1.08 metres high and the western edge of Lot 325 is 1.25 metres high against the drainage corridor. I do not consider these significant departures and within the discretion allowed in R13; I make further comment on Lot 325 later in these reasons.

1. There was general agreement that the drainage reserve is to be created for its drainage function and the protection of environmental features including native vegetation and habitat for GGE, WBC and Dwarf Galaxias. It is not a reserve intended to have a recreation function or public access.
2. An existing farm dam is located on the west side of the waterway as shown in Figure 2. A photograph of the dam extracted from Mr LeBel's evidence is shown in Figure 7. This dam is not part of the proposed drainage scheme for the subdivision. Mr Bishop in his evidence described it as being 'not online' within the drainage system and likely to be fed from rainfall and drainage from agricultural land to the west. He did not have a strong view on whether the dam should be removed (filled) or not but noted there may be ecological issues with removing it. He noted the low wall height and small size of the dam make it unlikely to pose a downstream risk, but this should be confirmed by an assessment which could be undertaken through a permit condition.

1. Council's view is that the dam should be removed, the site rehabilitated, and the drainage reserve straightened in this area. It considers it would require further surveys to confirm its ecological values and this would need to be carried out to determine if there are any threatened species or habitats present prior to any works. It is concerned that retention of the dam would place any ongoing maintenance responsibilities on Council.

1. I accept the evidence of Mr Bishop that the dam is not a high-wall valley dam that is likely to propose a downstream safety risk, and from my inspection it appears to be a dam dug out of the flat area off to the side of the waterway rather than having a significant raised embankment impounding a large volume of water. Either way, if the dam is to be retained, in my view a proper assessment of risk should be undertaken.
2. At the moment the dam appears to be in a stable state and has been largely colonised by reeds.[14] It has some areas of standing water of unknown depth. Although the drainage reserve is not intended for public access, if the dam is to be retained it should be assessed for safety to determine if it needs particular treatment such as fencing.
3. On balance I consider there is no great imperative to remove the dam. It appears to be in a relatively stable state and providing some level of habitat function. Removing it will necessitate considerable earthworks in sensitive waterway habitat and rehabilitation. A Waterway Management Plan is required under the condition to be applied to the permit and I have included wording to explicitly address any safety aspects and the rehabilitation/replanting of the dam surrounds to improve its habitat values.

RESPONSE TO CLAUSE 56 - RESIDENTIAL SUBDIVISION

1. Council's view is that the subdivision is inconsistent with many of the objectives and standards in clause 56 including:
   • Clause 56.03-1 Compact and Walkable Neighbourhoods;
   • Clause 56.03-4 Built Environment;
   • Clause 56.03-5 Neighbourhood Character;
   • Clause 56.04-1 Lot Diversity and Distribution;
   • Clause 56.04-2 Lot area and building envelopes;
   • Clause 56.05-1 Integrated Urban Landscape;
   • Clause 56.05-2 Walking and Cycling Network;
   • Clause 56.06-4 Neighbourhood Street Network;
   • Clause 56.06-5 Walking and cycling network detail;
   • Clause 56.06-7 Neighbourhood Street network detail; and
   • Clause 56.09-3 Fire hydrants
2. The applicant provided a comprehensive response to Council's concerns and clause 56 in Appendix B to its submission.

1. I have reviewed Council's grounds and the applicant's response in detail regarding clause 56. In general, I am satisfied that the subdivision is an acceptable response to the requirements around subdivision in the PSP and the objectives and standards in clause 56. Some of the matters are addressed in detail elsewhere in these reasons. I make comments on some specific matters below.

1. In my view connections to adjoining areas and public facilities will come in time as the area develops. I have concluded elsewhere in these reasons that the interim access arrangements are acceptable subject to consideration of a wider temporary waterway crossing.

1. Council and the applicant agree that the proposed lot density is around 12.3 dwellings per hectare compared to 12 dwellings per hectare across the PSP. This in my view is not a significant departure, and I note the evidence of Mr Glossop that population growth projections across Baw Baw Shire have increased since the PSP was approved.

1. The proposed subdivision follows the landform, and the key environmental and landscape features of the waterway corridors and remnant native vegetation are largely protected. Elsewhere in these reasons I have addressed the earthworks within the subdivision area.

1. I have added in a condition to ensure the appropriate provision of fire hydrants within the proposed subdivision.

1. This lot is in the southwest corner of the subdivision and Council objected to it on two grounds:
   • It is inconsistent with Requirement 56 as it does not provide a road frontage to the waterway corridor.
   • It does not allow for a road connection to the southwest along the waterway corridor into the adjoining property, part of the PSP.
2. The applicant's view is that a local road connection to the southwest is not required and traffic will be able to use the boulevard connector on the southeast corner to travel to the south west. Its view was supported by the evidence of Mr Walsh who considers there is limited traffic utility in a local connector as the area of PSP further south is limited and can be served by the local roads within that development and the connector boulevard.
3. I accept that the road is not strictly necessary from a traffic capacity perspective but consider Road 10 should be able to continue to the southwest to avoid any lot frontage to the drainage corridor. It will provide a higher level of permeability than otherwise possible and will allow for the continuation of a road frontage along the waterway. It will also enable, subject to detailed design, the removal or reduction in the retaining wall fronting the open space. I have included a condition 1 change accordingly.

1. The subject site is not in the Bushfire Management Overlay ('BMO') but is in the Bushfire Prone Area under the building system. A Bushfire Management Statement was prepared which identified the woodland in the south of the drainage corridor as being the only classifiable vegetation in the vicinity with the remainder of the surrounding area being cleared pasture.
2. Most of the subdivision area will meet Bushfire Attack Level ('BAL') 12.5 with a small area in the south west having identified areas of BAL-19; essentially lots 350, 348, 327, 326, 325 and 324 which are the closest to the remnant woodland. For these lots a setback of 24 metres from the western edge of the road reserve would be required; noting I have deleted Lot 325 via condition for access and waterway frontage reasons.
3. Council's view is that all lots must meet BAL-12.5 and this is sought by clause 13.02-1S. I note the Tribunal in Booth v Strathbogie SC [2023] VCAT 782 was of the view amongst other things, that clause 13.02-1S is not called up in Bushfire Prone Areas unless planning permission is required to be considered under the zone control or an overlay where bushfire considerations are specifically identified; the obvious example being the BMO. That is not the case here; bushfire planning requirements are included in the PSP at requirements R36 (design for bushfire access) and R37 (need for bushfire risk management to be addressed in a Construction Management Plan).
4. Given the relatively low risk fire environment, I am satisfied that the bushfire planning response is acceptable within the guidance provided by the PSP. I do not consider requiring BAL-19 standards on the small number of lots in the southwest corner is an unreasonable approach and I am satisfied that the required setbacks can be achieved on those lots. A condition confirming the setback for bushfire is included in condition 1 and a condition to satisfy R37 is also included.

1. Conditions to be applied to the permit are included in Appendix A. Many of these are discussed in the reasons within this decision and go to the protection of biodiversity and the future management of the waterway corridors for their drainage function and habitat values.

1. Overall, I am required to decide with due consideration of the relevant objective of planning in the Planning and Environment Act 1987 and relevant decision guidelines in the planning scheme whether the proposal achieves the 'net community benefit' required in Clause 71.02-3.
2. On balance I consider that the subdivision achieves the required net community benefit. As is common in town planning, there are numerous complex issues driven by the site itself and its planning context within an approved PSP, but I am satisfied that the amended plan before me responds acceptably to the PSP. Detailed issues I am satisfied are addressed through the subdivision design or can be addressed to an acceptable level through the application of planning permit conditions.
3. For the reasons given above, the decision of the responsible authority is set aside. A permit is granted subject to conditions.

• Subdivision of land under Clause 37.07-10
• Creation of a reserve under Clause 52.02
• Removal of native vegetation under Clause 52.17-1

1. Before the plan of subdivision is certified under the Subdivision Act 1988 (Vic) amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. The plans must be drawn to scale with dimensions. When approved, the plans will be endorsed and form part of the permit. The plans must be generally in accordance with the Estate Development Plan, version E10, dated 15/01/24 and Bulk Earthworks Plans (comprising drawings Q001 - Q013, version D, dated 17/01/24; drawing Q200, version A, dated 06/12/23; drawings Q201 - Q208, version B, dated 06/12/23; and drawings Q301 - Q302, version A, dated 05/10/23), prepared by Reeds Consulting, but modified to show:

(a) Roads realigned and the road reserve adjacent to tree group 2 enlarged to accord with the recommendations at paragraphs 5.4, 5.26 and 5.27 of the Arboricultural Report (John Patrick Landscape Architects, 21 February 2024).

(b) Trees 42 and 52 as existing trees that are proposed to be removed.

(c) The 'Temporary Access Road (5.5m wide)' shown instead as a 7.3 metre-wide road including a 1.5 metre-wide footpath.

(d) Cross-sections for all subdivisional roads. All cross-sections are to be in accordance with the Warragul PSP, except for Road 1 and Road 10.

(e) A notation that no pedestrian path is to be constructed within the Waterway Reserve or on the western side of Road 10.

(f) Building envelopes with the required setback to achieve a BAL 12.5 or BAL 19 rating for all allotments, in accordance with the bushfire hazard assessment by EcoLink Consulting dated June 2022.

(g) A notation that Stage 1A of the subdivision cannot be subdivided until the adjoining Government Road to the north is able to be constructed to the north of the lots in Stage 1A.

(h) A notation to the effect that Road 2 must be constructed so that it will not impact tree group 2, as set out on the Estate Development Plan prepared by Reeds Consulting, version E11, dated 15 January 2024.

(i) A notation to the effect that lots 116 - 121 (inclusive) cannot be subdivided until such time as the trees in tree group 4 have been removed, as set out in the Estate Development Plan prepared by Reeds Consulting, version E11, dated 15 January 2024.

(j) A notation to protect the Strzelecki Gum trees 12, 13, 15, 19, 24, 26, 41, 46, 48 and 49, and to ensure that road 10 is set back an appropriate distance from these trees, as set out on the Estate Development Plan prepared by Reeds Consulting, version E11, dated 15 January 2024.

(k) The removal of Lot 325 and the continuation of Road 10 to the southern boundary of the subject site.

1. The plans and/or documents endorsed under this permit must not be altered or modified without the prior written consent of the responsible authority.

1. The subdivision must proceed in the order of stages as shown on the Estate Development Plan endorsed under condition 1 staging plan and the public infrastructure plan endorsed under condition 88.
2. Stage 1A of the subdivision must not be subdivided until the adjoining Government Road is able to be constructed to the north of the lots in Stage 1A.
3. Lots 116 to 121 (inclusive) must not be subdivided until the trees in tree group 4 have been removed, as set out in the Estate Development Plan prepared by Reeds Consulting, version E11, dated 15 January 2024.

1. Prior to certification of the final stage of the subdivision, the permit holder must provide to the Responsible Authority a bank guarantee or bond for the estimated cost of removing the interim access road.
2. The interim access road must be removed at the permit holder's cost no later than the date 12 months after the date access is provided to the southern portion of the subject land via the earlier of the land immediately to the east of the subject land or the connector boulevard at the southeast corner of the subject land, unless the Responsible Authority advises the permit holder in writing that the interim access road does not have to be removed.
3. If the interim access road is removed in accordance with condition 7, the part of the drainage reserve over which the interim access road was constructed must be restored as a far as reasonably possible to its condition immediately prior to the construction of the interim access road.
4. The bank guarantee or bond must be maintained or held until the earlier of:

(a) the interim access road being removed in accordance with condition 7 and the relevant part of the drainage reserve being restored in accordance with condition 8;

(b) if the Responsible Authority advises the permit holder in writing that the interim access road does not have to be removed, the date that the Responsible Authority provides this advice; or

(c) 10 years from the date the bank guarantee or bond is provided in accordance with condition 6.

1. Prior to certification of the final stage of the subdivision, the permit holder must provide to the Responsible Authority a bank guarantee or bond for the estimated cost of removing the interim detention basins.
2. The permit holder must remove the two interim basins on the subject land no later than the date 12 months after the date the ultimate regional wetland WL8 and retarding basin R7 shown in the Warragul PSP are fully constructed unless the Responsible Authority advises the permit holder in writing that the interim detention basins do not have to be removed.
3. If the interim basins are removed in accordance with condition 11, the part of the drainage reserve over which the interim basins were constructed must be restored as far as reasonably possible to its condition immediately prior to the construction of the interim basins.
4. The bank guarantee or bond must be maintained or held until the earlier of:

(a) the interim detention basins being removed in accordance with condition 11 and the relevant part of the drainage reserve being restored in accordance with condition 12.

(b) if the Responsible Authority advises the permit holder in writing that the interim detention basins do not have to be removed, the date that the Responsible Authority provides this advice; or

(c) 10 years from the date the bank guarantee or bond is provided in accordance with condition 10.

1. Road 2 must be constructed so that it will not impact tree group 2, as set out in the Estate Development Plan prepared by Reeds Consulting, version E11, dated 15 January 2024, and paragraphs 5.4 and 5.5 of the Arboricultural Report (John Patrick Landscape Architects, 2024).
2. Road 10 must be constructed so that it will not impact Strzelecki Gum trees 12, 13, 15, 19, 24, 26, 41, 46, 48 and 49, as set out on the Estate Development Plan prepared by Reeds Consulting, version E11, dated 15 January 2024, and paragraphs 5.26 and 5.27 of the Arboricultural Report (John Patrick Landscape Architects, 2024).

Native Vegetation Permitted to be Removed, Destroyed or Lopped

1. Prior to certification of Stage 1 and the commencement of any works including the removal of any native vegetation, an Avoid and Minimise Statement must be submitted to and approved by the Responsible Authority. Once approved, the Avoid and Minimise Statement will be endorsed and then form part of this permit. The Avoid and Minimise Statement must:

(a) Be in accordance with the Guidelines for the removal, destruction or lopping of native vegetation (DELWP, 2017) and the expert statement of Mr LeBel dated 20 February 2024.

(b) Describe all efforts to avoid and minimise the removal of native vegetation.

(c) Describe the strategic level planning that has informed the removal of native vegetation.

(d) Describe any site level planning including how the development has been sited or designed to avoid and minimise impacts to native vegetation.

(e) Explain that there are no other feasible opportunities to further avoid or minimise the removal, destruction or lopping of native vegetation.

1. Prior to certification of Stage 1 and the removal of any native vegetation, a Native Vegetation Removal Report generally in accordance with the Native Vegetation Report attached to Mr LeBel's statement must be submitted to and approved by the Responsible Authority. Once approved, the Native Vegetation Removal Report will be endorsed and then form part of this permit.
2. Prior to certification of Stage 1 and the removal of any native vegetation, evidence that a Native Vegetation Offset, meeting the requirements of the Native Vegetation Removal Report endorsed in condition 17, has been identified must be submitted to and approved by the Responsible Authority. Once approved, the evidence will then be endorsed and form part of this permit. The evidence must demonstrate that the:

(a) Native Vegetation Offset is available to purchase from a third party, or

(b) Native Vegetation Offset will be established as a new offset and has the agreement of the proposed offset provider, or

(c) Native Vegetation Offset can be met by a first party offset.

1. Before any native vegetation is removed, the permit holder must secure a Native Vegetation Offset in accordance with the Guidelines for the removal, destruction or lopping of native vegetation (DELWP, 2017) and Native Vegetation Removal Report.
2. Before any native vegetation is removed, evidence that the required offset has been secured must be provided to the Responsible Authority. Once approved the evidence will be endorsed and form part of this permit. This evidence must be one or both of the following:

(a) An established first party offset site including a security agreement signed by both parties and a management plan detailing the 10-year management actions and ongoing management of the site; and/or

(b) Credit extract(s) allocated to the permit from the Native Vegetation Credit Register.

1. Within 30 days of endorsement of the offset evidence, a copy of the endorsed offset evidence must be provided to Planning Approvals at the Department of Energy, Environment and Climate Action (DEECA) Gippsland Regional Office via Gippsland.Planning@delwp.vic.gov.au.
2. In the event that a security agreement is entered into per condition 20 relating to first party offset sites, the applicant must provide the annual offset site report to the Responsible Authority by the anniversary date of the execution of the offset security agreement, for a period of 10 consecutive years. After the tenth year, the landowner must provide a report at the reasonable request of a Statutory Authority.
3. Prior to the commencement of works, a pre-clearance fauna survey and inspection of all trees to be removed (including all hollows) and all understorey vegetation to be removed must be carried out by a qualified ecologist with experience in wildlife salvage to the satisfaction of the Responsible Authority. A report on the findings and mitigation methods adopted must be submitted to the Responsible Authority.
4. During all tree and vegetation removal, if the report in condition 23 identifies that there is fauna that can or must be salvaged, a suitably qualified and experienced zoologist must be present to undertake fauna salvage and relocation. A report on the outcome of the fauna salvage operation must be submitted to the Responsible Authority.

1. Prior to certification of Stage 1 and the commencement of any works, a Tree Management Plan must be submitted to and approved by the Responsible Authority. Once approved, the plan will be endorsed and form part of this permit. The plan must be prepared by an arborist who is suitably qualified and experienced to the satisfaction of the Responsible Authority. The Tree Management Plan must include:

(a) A plan showing:

1. All trees numbered in accordance with the Arboricultural Report (John Patrick Landscape Architects, 2024).
2. Any additional trees identified by the arborist that will require removal and are not recorded within the Arboricultural Report shown and recorded with a unique identification number.
3. Native Trees approved to be removed, destroyed, or lopped in accordance with the Native Vegetation Removal Report endorsed under condition 17.
4. Exotic Trees which are to be removed.

(b) Tree Protection Zone requirements as detailed in conditions 27 and 28.

(c) Specific Tree Protection Zone requirements for trees within Tree Group 4 that are located on adjacent property, if they have not been removed.

(d) Requirements for construction within the Tree Protection Zones including reference to any trees where construction within the Tree Protection Zones is not permitted.

(e) Requirements for management of tree roots encountered during construction.

(f) Requirements for the supervision works occurring within a Tree Protection Zone by a suitably qualified and experienced Arborist. Evidence that supervision has occurred must be provided to the Responsible Authority upon reasonable request. The evidence must include:

1. Documentation requirements for Arborist site visits and supervision including site specific information, date, time, tree number, health, structure, and any notable deviations from the information included in the Arboricultural Report.
2. Any deviations from approved construction methodology.
3. Reference to specific Tree Protection Zone requirements as applicable.
4. Any other detail as recommended by the Arborist.

(g) Any other detail as reasonably required by the Responsible Authority.

1. All actions endorsed in the Tree Management Plan in condition 25 must be implemented and carried out at the relevant stages.

1. Prior to the commencement of any works, the permit holder is required to establish Tree Protection Zone fencing around all retained vegetation on the subject site in accordance with the Australian Standards for the Protection of Trees on Development Sites (AS4970-2009). The Tree Protection Zone fencing must be established to the satisfaction of the Responsible Authority and be in accordance with the endorsed Tree Management Plan. The Tree Protection Zone fencing must:

(a) Be erected before any machinery or materials are brought on site;

(b) Be chain-mesh temporary fencing;

(c) Be at least 1.8m high;

(d) Have signs denoting it as the Tree Protection Zone. The signage must be visible from within the development and be compliant with AS 1319-1994 Safety Signs for the Occupational Environment;

(e) Not be removed or altered until all works have been completed, without approval from the Responsible Authority.

1. Except with written consent from the Responsible Authority, the following actions must not be undertaken within the Tree Protection Zone fencing:

(a) Excavation, except as required to construct retaining walls or roads.

(b) Cultivation.

(c) Storage of any materials and placement of fill.

(d) Preparation of chemicals, including preparation of cement products.

(e) Parking of vehicles and plant.

(f) Refuelling.

(g) Dumping of waste.

(h) Wash down and cleaning of equipment.

(i) Lighting of fires.

(j) Soil level changes.

(k) Temporary or permanent installation of utilities and signs.

(l) Landscaping including any required revegetation activities but excluding weed removal.

(m) Physical damage to the tree.

1. Prior to Statement of Compliance of the final stage containing trees, a suitably qualified and experienced arborist must certify that the development of the land has been carried out in compliance with the endorsed Tree Management Plan. Certification of trees (per AS4970-2009) must be provided to the satisfaction of the Responsible Authority. The Post Construction Certification must include:

(a) A statement of the general condition of individual trees.

(b) Details of any deviations from the endorsed Tree Management Plan and their impact on trees.

(c) Recommendations for future remedial work, as a result of any deviations from the Tree Management Plan.

1. Prior to Statement of Compliance of the final stage containing trees, remedial works recommended under condition 29(c) must, if required by the Responsible Authority, be completed to the satisfaction of the Responsible Authority.

Giant Gippsland Earthworm and Warragul Burrowing Crayfish Management and Monitoring Plan

1. Prior to certification of Stage 1 and the commencement of any works, a Giant Gippsland Earthworm and Warragul Burrowing Crayfish Management and Monitoring Plan must be prepared by someone suitably qualified and experienced. The plan must be submitted to and approved by the Responsible Authority. Once approved, the plan will be endorsed and form part of this permit. The plan must include:

(a) A plan showing the location of the Giant Gippsland Earthworm and Warragul Burrowing Crayfish colonies and habitat areas identified in Figure 3 of the Addendum to GGE and WBC Assessment (INVERT-ECO, 16 January 2024).

(b) Details of Conservation Zones including:

1. Buffer distance between the edge of the colony and habitat areas and location of Conservation Zone fencing.
2. Conservation Zones marked on a plan.
3. Conservation Zone requirements in accordance with conditions 33 and 34.

(c) Requirements for a pre-clearance site assessment for working within or within 15m of the Conservation Zone where construction is required.

(d) Requirements for supervision of construction works by a suitably qualified and experienced Ecologist when working within or within 15m of the Conservation Zones.

(e) Requirements for reporting on construction activities within or adjacent to the Conservation Zones.

(f) Construction methodologies to maintain current hydrological conditions.

(g) Include a yearly plan for monitoring of both species for a minimum of five years from the date of certification of Stage 1, or two years after the date of Statement of Compliance of Stage 3, whichever is later.

(h) Include procedures which must be followed in the event of an accidental unearthing of the WBC, generally in accordance with the Salvage and Release Protocols for the accidental unearthing of Warragul Burrowing Crayfish (INVERT-ECO, December 2015).

(i) Includes procedures which must be followed in the event of an accidental unearthing of the GGE, generally in accordance with the Guidelines for the Accidental Unearthing of Giant Gippsland Earthworms (INVERT-ECO, March 2016).

1. All actions endorsed in the Giant Gippsland Earthworm and Warragul Burrowing Crayfish Management and Monitoring Plan must be implemented and carried out at the relevant stages.

1. Prior to the commencement of any works , the permit holder is required to establish Conservation Zone fencing around Giant Gippsland Earthworm, Warragul Burrowing Crayfish and Dwarf Galaxias habitat areas to the satisfaction of the Responsible Authority. The Conservation Zone fencing must:

(a) Be constructed around the Giant Gippsland Earthworm and Warragul Burrowing Crayfish habitat areas identified in Figure 3 of the Addendum to GGE and WBC Assessment (INVERT-ECO, 16 January 2024), and around Dwarf Galaxias habitat areas identified in Figure 1 of the Targeted Dwarf Galaxias and Growling Grass Frog Survey (EcoLink Consulting, 18 January 2022), except in the location of interim detention Basin A, Road 1 and the retaining wall to the south of Road 1.

(b) Be erected before any machinery or materials are brought on site.

(c) Be chain mesh temporary fencing.

(d) Be at least 1.8m high.

(e) Have signs denoting it as a Conservation Zone where no access is permitted.

(f) Must not be removed or altered without approval from the responsible authority.

1. Except with written consent from the Responsible Authority, the following actions are not permitted within the Conservation Zone:

(a) Excavation including trenching but excluding fencing.

(b) May Cultivation.

(c) Storage of any materials and placement of fill.

(d) Preparation of chemicals, including preparation of cement products.

(e) Parking of vehicles and plant.

(f) Refuelling.

(g) Dumping of waste.

(h) Wash down and cleaning of equipment.

(i) Lighting of fires.

(j) Soil level changes.

(k) Temporary or permanent installation of utilities and signs.

(l) Landscaping, including any required revegetation activities but excluding weed removal.

1. Prior to certification of Stage 1 and the commencement of any works, a Fauna Management Plan must be prepared by a suitably qualified and experienced Ecologist or Zoologist. The plan must be submitted to and approved by the Responsible Authority. Once approved, the plan will be endorsed and form part of this permit. The Management Plan must include:

(a) Reference to the Giant Gippsland Earthworm and Warragul Burrowing Crayfish Management and Monitoring Plan prepared pursuant to condition 31.

(b) Provide recommendations for the management of Dwarf Galaxias and Growling Grass Frog habitat including:

1. Requirements to protect the designated waterway and 10m either side with temporary fencing in accordance with the Conservation Zone fencing requirements listed in conditions 33 and 34.
2. Details of the feasibility of incorporating threatened species habitat into the interim detention basins.
3. Requirements for the interim road crossing so that installation of culverts does not impact current water flow regimes.
4. Construction requirements to ensure that Dwarf Galaxias habitat is appropriately protected from sediment, erosion, chemical pollutants, and other associated impacts.
5. Requirements for timing of works including reference to works being undertaken in appropriate seasons and avoiding key breeding periods.
6. Requirements for water quality testing including establishing and maintaining an ongoing monitoring regime to ensure the water quality does not deteriorate during and post-construction.
7. Monitoring requirements including any requirements for follow up site surveys.

(c) Requirements for supervision by a qualified Ecologist/Zoologist during vegetation removal in accordance with the requirements of the Giant Gippsland Earthworm and Warragul Burrowing Crayfish Management and Monitoring Plan prepared pursuant to condition 31.

(d) Requirements for reporting to the Responsible Authority.

(e) Any other detail as reasonably requested by the Responsible Authority.

1. All actions endorsed in the Fauna Management Plan in condition 35 must be implemented and carried out at the relevant stages.

1. Prior to certification of Stage 1, a Landscape Masterplan for the subdivision (excluding residential lots and the farm land) must be prepared by someone suitably qualified or experienced in landscape design. The Landscape Masterplan must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and then form part of this permit. The plan must be drawn to scale with dimensions and an electronic copy (.pdf) must be provided. The plan must include:

(a) The landscaping theme and graphical concepts to be developed for the subdivision including all reserve areas and waterways.

(b) Location of all existing vegetation with retained trees clearly indicated.

(c) Conservation Zones for Giant Gippsland Earthworm and Warragul Burrowing Crayfish in accordance with the endorsed Giant Gippsland Earthworm and Warragul Burrowing Crayfish Management and Monitoring Plan.

(d) The location of existing natural features including waterways.

(e) Proposed location of paths, pavement areas and other structures including play structures.

(f) Proposed path material.

(g) Areas which will be available for landscaping including indicative areas to be revegetated within the Waterway Reserve.

(h) Indicative locations of proposed wetlands and retarding basins.

(i) Proposed implementation of any relevant landscape requirements or guidelines in the Warragul Precinct Structure Plan.

(j) Revegetation of the batters and road verges with local provenance plant species representative of the Swampy Riparian Woodland EVC.

(k) Any other detail as reasonably requested by the Responsible Authority.

1. Prior to certification of each Stage, a Detailed Landscape Plan for the relevant stage must be prepared by someone suitably qualified or experienced in landscape design to the satisfaction of the Responsible Authority. When approved, the plan will be endorsed and then form part of this permit. The Detailed Landscape Plan must be drawn to scale with dimensions and an electronic copy (.pdf) must be provided. The Plan must be consistent with the endorsed Landscape Master Plan and must show:

(a) Location of existing natural features including retained trees and their Tree Protection Zones, Giant Gippsland Earthworm and Warragul Burrowing Crayfish habitat areas and existing natural waterways.

(b) New plantings including their layout to be provided in any road reserves and within the Waterway Reserve.

(c) Tree Protection Zones in accordance with AS4970-2009.

(d) Proposed street tree planting including the tree species in accordance with Baw Baw Shire Council's Tree Selection, Planting and Maintenance Policy. Landscaping must contribute to habitat for indigenous fauna species.

(e) Proposed revegetation within the Waterway Reserve. Revegetation should be in accordance with the modelled Ecological Vegetation Class, West Gippsland Catchment Management Authority and Baw Baw Shire Council Waterway Management Plan Guidelines, Giant Gippsland Earthworm and Warragul Burrowing Crayfish guidelines listed in the endorsed Giant Gippsland Earthworm and Warragul Burrowing Crayfish Management and Monitoring Plan.

(f) All proposed street tree planting using semi-advanced trees with species selection that is in accordance with Baw Baw Shire Council's Tree Selection, Planting and Maintenance Policy. Trees must have a minimum container size of 45 litres.

(g) Detailed planting schedule of all proposed trees, shrubs and groundcovers including botanical names, common names, pot sizes, sizes at maturity, quantities, and densities of each plant.

(h) Detailed planting and construction drawings including site contours and any proposed changes to existing levels including any structural elements including retaining walls.

(i) Location of wetlands and retarding basins including necessary maintenance structures including hard stands and dewatering sites.

(j) Materiality and finish detail for paths, lighting typologies, street furniture detail, bicycle parking design and specification, and equipment specification (as applicable) with standard and safety compliance detail.

(k) Proposed implementation of any relevant landscape requirements or guidelines in the Warragul Precinct Structure Plan.

(l) Proposed implementation of removal of all exotic species including exotic grass from the Waterway Reserve, and mulching and underplanting of the Waterway Reserve with indigenous shrubs perennials and grasses, provided the mulching and underplanting is consistent with the Giant Gippsland Earthworm and Warragul Burrowing Crayfish Management and Monitoring Plan.

(m) A sign placed near the Waterway Reserve stating that access to the Waterway Reserve by pedestrians or vehicles is prohibited.

(n) Installation of a barrier to prevent vehicle access into the Waterway Reserve, such as timber bollards or logs.

(o) Any other detail as reasonably requested by the Responsible Authority.

1. Prior to certification of Stage 1 of the subdivision, a Waterway Management Plan must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and then form part of the permit. The Waterway Management Plan must be drawn to scale with dimensions and an electronic copy (.pdf) must be provided. The plan must be consistent with any endorsed Landscape Master Plan and Detailed Landscape Plan, and must show:

(a) A waterway design drawing identifying the existing environmental values to be retained and protected, including native vegetation, Giant Gippsland Earthworm and Warragul Burrowing Crayfish.

(b) Site preparation details prior to implementation of revegetation activities (i.e., removal/control of high-threat weeds).

(c) Details of revegetation/restoration activities, monitoring activities and planting standards, including:

1. A list of proposed vegetation plantings, including species and plant numbers/density. All species must be from the relevant Ecological Vegetation Class (EVC) in accordance with the West Gippsland Catchment Management Authority and Baw Baw Shire Council Waterway Management Plan Guidelines.
2. Tube stock planting standards.

(d) Details of wetland construction and maintenance including:

1. Location of wetlands and retarding basins.
2. Location and access of hard stands.
3. Location and access of dewatering sites.

(e) An assessment of the existing farm dam including:

1. A geotechnical report from a suitably qualified engineer demonstrating how any walls or mounds:

(1) Are capable of managing any alterations to stormwater volumes or velocity as a result of urban development.

(2) Are to be augmented or adjusted to achieve the above.

(3) Do not pose a downstream risk to life or property in the event of a failure.

1. A waterway safety assessment of the dam including any recommendations for works or maintenance to ensure it does not pose a risk to life from drowning.

1. Prior to certification of Stage 1, a Weed Management Plan for the subdivision must be prepared by a suitably qualified environmental professional. The Weed Management Plan must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and then form part of this permit. The Weed Management Plan must:

(a) Assess the entire subject site (excluding the area within the farm zone and also outside the Waterway reserve) for noxious and environmental weeds.

(b) Provide information on the species and their current coverage.

(c) Provide eradication targets for each species (e.g. less than 5% or less than 1%).

(d) Provide details on the management of weeds including:

1. Methodology for control including manual and chemical control options and a list of herbicides as required.
2. Reference to the management intervals including recommendations for treatment prior to, during and post-construction.
3. Methodology for control in areas of remnant native vegetation.
4. Methodology for control in Giant Gippsland Earthworm and Warragul Burrowing Crayfish Conservation Zones and within a 15m buffer around the Conservation Zones.
5. Methodology for working within natural waterway areas including reference to water-safe requirements and working around Dwarf Galaxias and within 15m of the edge of the waterway.
6. Methodology for working around Interim Detention Basins.

(e) Specify photo point monitoring locations.

(f) Include any other detail as reasonably required by the Responsible Authority.

1. The endorsed Weed Management Plan must be implemented and carried out by a suitably qualified environmental professional.

1. The landscaping works shown on the approved Detailed Landscape Plan for any stage must be completed to the satisfaction of the Responsible Authority prior to the issue of a Statement of Compliance for that stage or any other time agreed in writing by the Responsible Authority.
2. The landscaping shown on the endorsed Landscape Plan must be maintained to the satisfaction of the Responsible Authority for a period of two years from the practical completion of the landscaping unless alternative arrangements have been made in writing by the Responsible Authority. During this period, any dead, diseased or damaged plants or landscaped areas are to be repaired or replaced during the period of maintenance and must not be deferred until the completion of the maintenance period.
3. Once the subdivision is commenced, the permit holder must maintain the land (excluding the farm land outside the Waterway Reserve) so that undeveloped areas and areas in which works are being undertaken by the permit holder do not become weed-infested, vulnerable to erosion, or a potential fire risk to the satisfaction of the Responsible Authority.

1. Prior to certification of a plan for a stage of subdivision, or any other time agreed by Council, a functional layout plan for the subdivision or the stage of subdivision must be submitted to and approved by the Responsible Authority. When approved, the functional layout plan will form part of the permit. The functional layout plan must be drawn at a scale of 1:500 or other scale as agreed by the Responsible Authority with all leading dimensions clearly shown. An electronic copy (.pdf) of the plans must be provided. The functional layout plan must be generally in accordance with the application plans and must incorporate the following:

(a) A subdivision layout drawn to scale, including proposed street names if known, lot areas, lot numbers and widths of street reservations.

(b) Topography and existing features, including contours for the subject land and any affected adjacent land.

(c) Proposed speed limits on all roads including a reduction in the prevailing speed limit of the relevant section of Warragul-Lardner Road to 70km/h, proposed location of speed limit signs and Local Area Traffic Management devices, including the traffic management devices shown in Figure 18 of the Expert Witness Statement of Jason Walsh (Traffix, 16 February 2024), incorporated into road designs to ensure slow speed environments as required by the Responsible Authority.

(d) Typical cross-sections for each street type, including any spatial requirements identified in the Warragul Precinct Structure Plan.

(e) Typical cross-sections in any areas of cut and fill involving retaining walls.

(f) Location and alignment of kerbs, indented parking spaces, footpaths, shared paths, bus stops and traffic controls including traffic calming devices.

(g) A table of offsets for all utility services and street trees.

(h) Preliminary location of reserves for electrical kiosks.

(i) Preliminary location of street lights.

(j) Preliminary master services plan.

(k) Access from Warragul-Lardner Road.

(l) Drainage outfall system (both interim and ultimate), indicating legal point of discharge.

(m) The proposed minor drainage network and any land required for maintenance access.

(n) The major drainage system, including any watercourse, lake, wetland, silt pond, and/ or piped elements showing preliminary sizing and any access requirements for construction and maintenance.

(o) Overland flow paths and calculations (1% AEP) to indicate how excess runoff will be safely conveyed through the subdivision.

(p) Alignment of roads and reserves with any adjoining estates to ensure continuity and provide conveyance of overland flows to the satisfaction of the Responsible Authority.

(q) Giant Gippsland Earthworm and Warragul Burrowing Crayfish Conservation Zones where no works can occur.

1. All works must be designed and constructed in accordance with Council's Infrastructure Design Manual (IDM) requirements, the Warragul Precinct Structure Plan (September 2014), the Warragul Development Contributions Plan (September 2014), and the plans and specifications approved by the Responsible Authority.
2. Before any road and/ or drainage works associated with the subdivision (or staged subdivision) start, detailed Engineering plans must be submitted to and approved by the Responsible Authority, unless otherwise agreed. If a Functional Layout Plan has been approved, the Engineering plans must be generally in accordance with the approved Functional Layout Plan. When approved, the Engineering plans will form part of the permit. The plans must be drawn to scale with dimensions and an electronic copy (.pdf) of the plans must be provided. The detailed plans must include:

(a) Engineering plans and specifications of the proposed works that are to become public assets such as roads, paths, intersections, drains, bridges and the like.

(b) Location of Permanent Survey Marks.

(c) Details of any cut and fill including retaining walls.

(d) All road dimensions and cross sections to IDM requirements and reflecting the features and/or variations appropriate to the standard of road outlined in the Warragul Precinct Structure Plan unless otherwise agreed by the Responsible Authority.

(e) Pavement design using a recognised engineering methodology based on a geotechnical investigation of the site in accordance with IDM 12.7 including consideration of the in-situ soil conditions and available road-making materials. The geotechnical investigation report must be submitted with the engineering plans.

(f) SM2 modified kerb on all roads except where there is a frontage to a park or reserve, where B2 barrier kerb must be used unless otherwise agreed by the Responsible Authority.

(g) Location of speed limit signs and traffic management devices.

(h) A driveway crossover for each lot designed for the standard vehicle with regard to horizontal and vertical clearances in accordance with IDM Standard Drawings. Crossovers on corner lots must be delineated and marked "Construction by Developer".

(i) Temporary turnaround areas within or outside the site (sealed or unsealed as directed by the Responsible Authority) for waste collection vehicles (8.8 metres in length) at the temporary dead end of any road.

(j) Master services plan.

(k) Location of street lighting.

(l) Major and minor drainage generally in accordance with the Stormwater Management Strategy Report (Reeds, 8 November 2021).

(m) Details of any retarding basin and wetland in accordance with the Stormwater Management Strategy Report (Reeds, 8 November 2021).

(n) Underground drains incorporating features to prevent litter, sediments, and oils from entering the drainage system (in particular waterways) and/or cut-off drains to intercept storm water run-off from adjoining properties as appropriate and to the satisfaction of the Responsible Authority.

(o) Drainage infrastructure that caters for the future development of any unit sites identified on the subdivision concept plan (Note 2 of Table 10 in IDM).

(p) Tree Protection Zones of all retained trees on the subject site.

(q) Tree Protection Zones of trees on adjacent property which may be impacted by development including trees in road reserves.

(r) Giant Gippsland Earthworm and Warragul Burrowing Crayfish Conservation Zones where no works can occur.

(s) Dwarf Galaxias Conservation Zones where no works can occur.

1. At least 15 working days before a pre-start meeting, a Site Management Plan for the relevant stage must be submitted to the Responsible Authority. Works may only commence once the Site Management Plan has been approved by the Responsible Authority. When approved, the Site Management Plan will then form part of the permit. An electronic copy (.pdf) of the plan must be provided.

The Site Management Plan (SMP) must be submitted in typed A4 format, with attachments as necessary, and must identify, address, and document every item listed below, in order:

(a) A construction program in bar chart form (major time interval in months, minor time interval in weeks) clearly indicating the start-up meeting, all tasks and all hold points including submission of "As Constructed" plans and CCTV inspections.

(b) A site plan clearly indicating the location of all public noticeboards, site access, security fencing, site office and rest rooms, plant depot, rumble strips, vehicle wash bays, soil stockpiles, tree protection zones, temporary drainage protection measures and any other relevant operational or construction features.

(c) A program for notification (initial notification and updates as required) of all residents and businesses who will be directly affected by the construction works, including hours of works and a phone number of a representative of the contractor that can be contacted at any time should there be any complaints or concerns in connection with the works.

(d) Occupational Health and Safety arrangements.

(e) A site-specific Environmental Management Program for all on-site personnel including contractors; including procedures for working within the waterway reserve to avoid impacts on the Warragul Burrowing Crayfish habitat and Giant Gippsland Earthworm habitat, as applicable; including specific procedures and site inductions on Accidental Unearthing Guidelines for Giant Gippsland Earthworm and Warragul Burrowing Crayfish.

(f) Appropriate cultural protection measures in accordance with any approved Cultural Heritage Management Plan applying to the land.

(g) A Traffic Management Plan including the proposed route for construction vehicle access to the site, and arrangements for any road closures.

(h) Any specific measures required to protect Council assets during construction including prevention of earth being tracked onto surrounding roads by vehicles and cleaning of roads if necessary.

(i) Measures to reduce the impact of noise, dust and other emissions created during the construction process.

(j) Measures for control of stormwater during construction, including preventing erosion and any stormwater runoff onto adjoining properties and ensuring that no mud, dirt, sand, soil, clay, or stones are washed into or allowed to enter the stormwater drainage system.

(k) Measures to ensure that all machinery brought onto the site is weed and pathogen-free.

(l) Control and management of any soil to be imported or removed from the site and any soil stockpiles.

(m) Waste management during construction.

(n) All retained trees including those on adjacent property marked on the plans with their Tree Protection Zone marked.

(o) Reference to the endorsed Tree Management Plan.

(p) All Giant Gippsland Earthworm and Warragul Burrowing Crayfish Conservation Zones marked on plans.

(q) Reference to the endorsed Giant Gippsland Earthworm and Warragul Burrowing Crayfish Management and Monitoring Plan.

(r) Specific procedures for working within the Waterway Reserve including site inductions and Accidental Unearthing Guidelines for Giant Gippsland Earthworm and Warragul Burrowing Crayfish.

(s) Reference to Dwarf Galaxias and habitat areas.

(t) Details for fauna management including measures to prevent impacts to Dwarf Galaxias.

(u) Reference to the endorsed Fauna Management Plan

(v) Reference to the endorsed Weed Management Plan.

(w) Measures to prevent sedimentation and erosion within the Conservation Zones and Tree Protection Zones and within a 5 metre buffer of the zones.

(x) Provide locations for construction stockpiles, machinery, and other storage of materials in a location away from retained biodiversity.

NOTE: It is expected that the SMP will comprise no more than two paragraphs of information in response to each of the items numbered a) to n) plus explanatory plans as required. Any additional background documents must be referenced in the SMP and provided as separate pdf files if requested by Council.

1. The approved Site Management Plan must be implemented throughout the construction period by the owner of the land to the satisfaction of the Responsible Authority and all works must be carried out in accordance with the measures contained within unless otherwise agreed in writing by the Responsible Authority.
2. At least five working days prior to the commencement of works, the owner of the land must notify any residents, businesses or education facilities operating within 1km of the subject land of the pending commencement of construction works including (as a minimum) permit details, the hours of works, type of works being performed, impacts to road networks and primary site contacts. Notification must include erection of a signboard at the main entrance to the works, letter drops and any other means as may be directed by the Responsible Authority.

1. Unless the Responsible Authority agrees under section 21(1)(b)(ii) of the Subdivision Act 1988, all works shown on the approved Engineering plans must be constructed or carried out in accordance with the plans before the issue of a Statement of Compliance for the relevant stage under the Subdivision Act 1988, all to the satisfaction of the Responsible Authority.
2. Prior to carrying out any works within the road reserve, the Developer must obtain a "Works Within Road Reserve Permit" from Council.
3. Unless otherwise agreed by the Responsible Authority, all roadworks must be constructed in accordance with the relevant IDM, VicRoads and AustRoads requirements, procedures and guidelines as applicable to urban developments including:

(a) Compaction testing and proof rolling of subgrade, sub-base and base course layers and proof rolling in preparation for asphalt must be undertaken at developer's cost in accordance with IDM clauses 12.7.10 to 12.7.16 (IDM Version 5.40 or later) and results submitted to Council for approval and records purposes.

(b) A wearing course of asphalt unless otherwise approved by the Responsible Authority.

(c) Any road works abutting an existing carriageway must ensure adequate surface drainage to the kerb and channel or road shoulder and provide a smooth watertight seal without discontinuity to the existing carriageway, generally in accordance with IDM Standard Drawing SD130.

1. Prior to the issue of a Statement of Compliance for any stage, and if deemed required by Council as a result of the Subsurface Water Report or site observations, actions must be taken to mitigate subsurface flow and any infrastructure plan required to manage the flow must be submitted to Council for review and approval.
2. Prior to the issue of a Statement of Compliance for any stage, any nature strip created by the development must be cleared of all noxious weeds, graded, filled and compacted with approved material free of rock, stone and other contamination, landscaped, shaped and formed as necessary, scarified, top dressed with a minimum 100 mm depth of approved topsoil and sown with an approved turf mixture of 80% perennial rye (Summer 40% + Winter 40%) and 20% kikuyu at a rate of 300 kg per hectare to ensure the land is free-draining and able to be mown by a rotary mower to the satisfaction of the Responsible Authority.
3. Prior to the issue of a Letter of Practical Completion for any stage of the subdivision, advanced trees of an approved variety, in line with the specification in Council's Tree Selection, Planting and Maintenance Policy, must be planted in all nature strips in accordance with the approved landscaping plan. Appropriate planting techniques and tree guards must be provided to the satisfaction of the Responsible Authority. The trees must be maintained for a minimum period of two years after practical completion including replacing any dead or damaged trees during the two-year maintenance period.
4. Prior to the issue of a Statement of Compliance for any stage, reinforced concrete footpaths including pram crossings must be provided throughout that stage, if applicable, in accordance with IDM requirements.
5. Prior to the issue of a Statement of Compliance for any stage, vehicle crossings for corner lots at each intersection in that stage must be constructed as part of that stage.
6. Prior to the issue of a Statement of Compliance for stage 1, the access from Warragul-Lardner Road as shown on the plans endorsed under condition 1 must be constructed as part of that stage.

1. Prior to the issue of a Statement of Compliance for any stage, temporary vehicle turning areas, either sealed or unsealed as directed by the Responsible Authority, must be provided on roads which are intended to be continued in a subsequent stage or at a future time. The areas must be constructed and thereafter maintained by the permit holder to the satisfaction of the Responsible Authority unless alternative arrangements are agreed in writing with the Responsible Authority.
2. Prior to the issue of a Statement of Compliance for any stage containing temporary turning areas that are no longer required, they must be removed, unless otherwise agreed by the Responsible Authority in writing, and the area, together with all nature strips, footpaths, drainage and the like, reinstated to the satisfaction of the Responsible Authority.
3. If the Responsible Authority agrees to a temporary turning area being retained after the issue of a Statement of Compliance for any stage, an agreement providing for a bond of sufficient value to cover all reinstatement costs plus any contingency amount must be reached with the Responsible Authority prior to the issue of a Statement of Compliance for that stage.
4. A sign of at least 1 square metre in area must be displayed in a prominent position near the temporary vehicle turning area while a temporary turning area is in operation advising that it is a temporary turning area only. The sign must be removed after the temporary vehicle turning area is removed.

1. Lots must be graded either to fall to the street or, where this is not possible, be provided with minor temporary earthworks in the form of a low levee bank or similar to contain stormwater runoff on each lot and to direct it into the stormwater property connection, complete with a surface grate, to take runoff into the underground drainage network being constructed as part of the development.
2. Road 10 must be graded to direct runoff toward the Drainage Reserve.
3. Road 2 must be graded to direct runoff toward the retained swale on the western boundary and not directly straight into drains.
4. The interim access roads over the drainage reserve must be constructed so as not to impede the flow of water through the waterway, through the installation of culverts or other measures that allow the current flow of water to be maintained and prevent the risk of flooding within the subject land or to neighbouring areas.
5. All new urban subdivision allotments must be graded, cut, or filled, such that a minimum grade of 1:200 is achieved along the low side of the allotment toward the drainage outlet, to the satisfaction of the Responsible Authority.
6. Prior to the issue of Statement of Compliance for any stage of the subdivision, all components of the stormwater drainage system relevant to that stage must:

(a) Be constructed in accordance with the stormwater drainage design approved by the Responsible Authority; and

(b) Provide a legal point of stormwater discharge for each allotment all to the satisfaction of the Responsible Authority.

1. Prior to the issue of a Statement of Compliance for stage 1 and if the Warragul Drainage Scheme works planned to be constructed downstream of this development have not been completed, the Developer must provide temporary retarding basin(s) and associated stormwater treatment works unless otherwise agreed in writing by Council.
2. The design, construction, and handover of wetland and stormwater retardation systems must follow the "Water Sensitive Urban Design Guidelines, Southeastern Councils" and "Water Sensitive Urban Design Guidelines Addendum, Baw Baw Shire Council".

1. If applicable, the permit holder is responsible for ongoing maintenance of any interim on-site sediment, retarding and treatment basins and any other associated works until the permanent sediment, retarding basin and wetland are completed and are operational, or until the land on which the interim assets are located is vested in the Responsible Authority, whichever is the sooner, unless otherwise agreed by the Responsible Authority.

1. Prior to the issue of a Statement of Compliance for any stage containing lots which cannot be serviced by a garbage collection vehicle moving in a continuous forward motion, collection arrangements must be formalised by Section 173 Agreements unless otherwise agreed in writing by the Responsible Authority.

1. Prior to the issue of a Statement of Compliance for any stage of the development, street lighting must be provided to a residential standard on all internal subdivision roads and the access road from Warragul-Lardner Road. Lighting must also be provided within reserves and along pathways. Lighting design must be in accordance with the relevant Australian Standards, including the current issue of AS/ANZ 1158 - Lighting for Roads and Public Spaces, must utilise LED lighting heads and standardised street lighting poles approved by the network distributor (Ausnet Services), and the installation must be signed off by the network distributor.

1. Prior to the issue of a Statement of Compliance for any stage of the subdivision, the Developer must repair any damage to Council infrastructure as directed by the Responsible Authority which can reasonably be determined to have occurred as a result of the Developer's works unless such damage was identified by the Developer and reported to Council in writing prior to commencement of works on that stage.

1. Prior to the issue of a Letter of Practical Completion for any stage, CCTV results for the full length of all stormwater drainage pipes shown on the approved drawings for that stage where Council is the Responsible Authority, must be submitted for assessment. In the case of pipes beneath roads, CCTV results must be submitted and approved prior to placement of asphalt.
2. The CCTV work must be performed by an independent specialist contractor approved by Council and at the Developer's cost. The submitted information must be to the satisfaction of the Responsible Authority. Pipe joints which exceed the manufacturer's installation tolerances and other significant defects or damage must be rectified at the developer's expense within the maintenance period or other period agreed in writing by the Responsible Authority.

1. Prior to the issue of a Letter of Practical Completion for any stage, "As Constructed" drawings in PDF and AutoCAD format must be submitted through Council's certification portal for receiving A-SPEC "As Constructed" data. Drawings must include:

(a) digital road, drainage, and open space (R-SPEC, D-SPEC & O-SPEC) information in AutoCAD format for all works where Council is the responsible authority.

(b) all X-refs bound into the drawings and showing any amendments during construction and location of any permanent survey marks in accordance with the current version of R-SPEC, D-SPEC & O-SPEC.

(c) all graphical information is to be provided in the datum of GDA94 and projection of MGA Zone 55.

The submitted information must be provided at no cost to the responsible authority and to the satisfaction of the responsible authority. (Refer to the A-SPEC website www.a-specstandards.com.au for minimum Council requirements).

The various road, drainage and open space works must be maintained until this condition has been complied with.

1. Unless the Responsible Authority agrees under section 21(1)(b)(ii) of the Subdivision Act 1988, all works shown on the approved Engineering Plans and Functional Layout Plans must be constructed or carried out in accordance with those plans to the satisfaction of the Responsible Authority before the issue of a Statement of Compliance for the relevant stage under the Subdivision Act 1988.

1. Except with the prior written consent of the Responsible Authority, no further earthworks may be undertaken as part of this subdivision except for the construction of the roads and the provision of service infrastructure or as otherwise provided for specifically in this permit to the satisfaction of the Responsible Authority.
2. All disturbed surfaces on the land, not subject to a landscape plan, resulting from the activities authorised by this permit must be stabilised and revegetated to the satisfaction of the Responsible Authority in order to prevent any erosion or siltation on or adjacent to the land.
3. Topsoil resulting from road construction may be removed provided it is surplus to appropriate re-use in the development for approved fill or re-spreading on the land to the satisfaction of the Responsible Authority.
4. Where topsoil is to be stockpiled, the stockpile must be located within the subject land. The Developer must apply appropriate dust suppression measures to ensure minimal impact of dust impacting the amenity of the area to the satisfaction of the Responsible Authority.
5. Utility service substation/kiosk sites must not be located on any land identified as public open space or to be used for any Municipal purpose unless otherwise agreed in writing by the Responsible Authority.

1. Before the issue of Statement of Compliance for the plan of subdivision submitted for each stage of the subdivision under the Subdivision Act 1988, a Development Contributions Plan Levy must be paid to the Responsible Authority in accordance with the Development Contributions Plan applicable for the land as indicated in the Baw Baw Planning Scheme. Payment of the levy must be made after certification of the relevant plan of subdivision but not more than 21 days prior to issuance of Statement of Compliance in respect of that plan of subdivision.
2. Before certification of the plan of subdivision for stage 1, the owner of the land must enter into an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987. The agreement must provide that:

(a) Before the issue of Statement of Compliance for the plan of subdivision submitted for each stage of the subdivision under the Subdivision Act 1988, the Development Contributions Plan levies applicable for the land must be paid to the Responsible Authority in accordance with the Development Contributions Plan as indicated in the Baw Baw Planning Scheme. Payment of the levy must be made after certification of the relevant plan of subdivision but not more than 21 days prior to issuance of Statement of Compliance in respect of that plan of subdivision.

(b) The Public Infrastructure Plan (PIP) endorsed by the Responsible Authority under condition 88 will be implemented.

(c) Subject to the PIP being endorsed by the Responsible Authority to carry out Development Contributions Plan projects listed within the PIP as Works in Kind and subject to such projects being constructed per the standards detailed out in the DCP / PSP and achieving a certificate of Practical Completion, the developer will be entitled to offset any Development Contributions Plan levies against Works in Kind credits owing to the developer.

(d) Before a Building Permit is issued for the construction of any dwelling on a lot, the lot owner must pay the Community Infrastructure Levy to the Responsible Authority in accordance with the Development Contributions Plan Overlay - Schedule 1.

The owner of the land must pay all reasonable costs for the preparation, execution, and registration of the Section 173 Agreement. The Section 173 Agreement must be registered in accordance with the provisions of Section 181 of the Planning and Environment Act 1987. Only condition 88(d) must be registered on individual residential lots.

1. Before the issue of a Statement of Compliance for the plan of subdivision submitted for each stage of the subdivision, a Public Open Space Contribution equivalent to the value of 4.5% of the Net Developable Area (NDA) must be paid to the satisfaction of the Responsible Authority in accordance with the Warragul PSP.

1. Before certification of Stage 1 of the plan of subdivision, a Public Infrastructure Plan (PIP) must be submitted to the satisfaction of the Responsible Authority and endorsed by the Responsible Authority. The PIP must address the following:

(a) List all infrastructure items relevant to the subject site either delivered by the developer or others and whether such infrastructure are Development Contributions Plan (DCP) funded or non-DCP items, the stage at which each infrastructure item is being delivered and the expected year of delivery.

(b) The infrastructure as set out in the Development Contributions Plan applying to the land is sought to be provided as "works in kind" subject to the consent of the Responsible Authority.

(c) Any land that is affected or required for the provision of infrastructure works, the area, and the timing of when such land will be provided.

The Public Infrastructure Plan must not be altered without the prior written consent of the Responsible Authority.

1. The owner of the land must enter into an agreement with:

(a) a telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider's requirements and relevant legislation at the time; and

(b) a suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

1. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

(a) a telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider's requirements and relevant legislation at the time; and

(b) a suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

1. The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity and gas services to each lot shown on the endorsed plan in accordance with the authority's requirements and relevant legislation at the time.
2. All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created.

1. The plan(s) of subdivision submitted for certification must be in accordance with the endorsed plans.
2. The plan(s) of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of that Act and Clause 66 of the Scheme.

Construction Management Plan - Bushfire Management

1. Before the commencement of works for a stage of subdivision, a Construction Management Plan that addresses Bushfire Risk Management must be submitted to and approved by the Responsible Authority. The Construction Management Plan must specify, amongst other things:

(a) Measures to reduce the risk from fire within the surrounding rural landscape and protect residents form the threat of fire including the provision of fire hydrants to the satisfaction of the Country Fire Authority.

(b) A separation buffer, consistent with the separation distances specified in AS3959-2009, between the edge of development and adjoining undeveloped land.

(c) How adequate opportunities for access and egress will be provided for early residents, construction workers and emergency vehicles.

1. Prior to the commencement of any water, sewer or ancillary works that will be vested in Gippsland Water, the owner of the land, the developer and the design consultant must enter into and execute a Developer Works Deed of Agreement with Gippsland Water, under Gippsland Water's Land Development system, for the complete construction of works necessary for the provision of water supply and sewerage services, in accordance with Gippsland Water's standards, to all lots of the subdivision. Pay to Gippsland Water any fees and contributions and satisfy all conditions pertaining to the aforementioned deed. Please refer to our website: https://www.gippswater.com.au/developers/information/information-design-consultants and download Form 1 to apply for a Developer Works deed of agreement.
2. Design plans must be submitted outlining the size and the location of the works to determine where easements will be required. These plans must be accepted by Gippsland Water prior to Gippsland Water consenting to certification of the relevant plan of subdivision.
3. Install water services to the satisfaction of Gippsland Water. As Constructed details showing the location of the installed services are required to be submitted to Gippsland Water.
4. Install sewer services to the satisfaction of Gippsland Water. As Constructed details showing the location of the installed services are required to be submitted to Gippsland Water.
5. Create Reserves and/or Easements in favour of the Central Gippsland Region Water Corporation over all existing and proposed water and sewerage works located within the subdivision. Easements are to be for Pipeline or Ancillary Purposes.
6. The planning permit conditions outlined will apply to all stages of the subdivision.
7. Any plan of subdivision of the subject land lodged for certification shall be referred to Gippsland Water under Section 8(1) of the Subdivision Act 1988.
8. Pay to Gippsland Water New Customer Contributions for the change in servicing of the land
9. The developer must ensure that any sewer design is clear of any building envelopes. The building envelopes must not encroach over the proposed sewer mains for this development.

West Gippsland Catchment Management Authority

1. Prior to the consent to certification of the subdivision, a flood study undertaken by a suitably qualified and experienced professional must be developed to the satisfaction of the West Gippsland Catchment Management Authority. The flood study must demonstrate:

(a) The 1% AEP flood extent and depth for all waterways on the proposed development site.

(b) That all proposed lots are located outside the 1% AEP flood extent.

(c) That all lots have safe egress to flood free land where emergency facilities are located during a 1% AEP flood event.

(d) That 1% AEP flood levels will not be increased on neighbouring properties as a result of this development.

1. Prior to certification of the subdivision a Waterway Management Plan (WMP) must be endorsed in writing by the West Gippsland Catchment Management Authority. The WMP must include:

(a) Details of existing environmental values.

(b) Details of any initial stabilisation and vegetation works.

(c) A landscape plan for revegetation of land within the drainage reserve, including a species list and proposed density of the plantings. The vegetation must be representative of the Ecological Vegetation Class for the site. Any area required to be cleared of vegetation to create defendable space must not encroach into the required revegetation within the waterway buffer.

(d) A maintenance plan detailing the sequencing and periods of short, medium and long term actions, including inspections, and the parties responsible for each action.

The Waterway Management Plan prepared under this condition must be consistent with the plan required in condition 39 and may be the same plan.

1. Prior to the issue of a Statement of Compliance for each Stage of the subdivision, the water quality treatment works outlined in the Stormwater Management Report (Reeds, 8 November 2021) must be undertaken to the satisfaction of West Gippsland Catchment Management Authority.
2. Prior to the issue of Statement of Compliance for each Stage of the subdivision, the length of waterway adjacent to the respective stage must be revegetated in accordance with a Waterway Management Plan endorsed in writing by the West Gippsland Catchment Management Authority.

(a) Enter in an agreement with Ausnet Electricity Services Pty Ltd for supply of electricity to each lot on the endorsed plan.

(b) Enter into an agreement with Ausnet Electricity Services Pty Ltd for the rearrangement of the existing electricity supply system.

(c) Enter into an agreement with Ausnet Electricity Services Pty Ltd for rearrangement of the points of supply to any existing installations affected by any private electric power line which would cross a boundary created by the subdivision, or by such means as may be agreed by Ausnet Electricity Services Pty Ltd.

(d) Provide easements satisfactory to Ausnet Electricity Services Pty Ltd for the purpose of "Power Line" in the favour of "Ausnet Electricity Services Pty Ltd" pursuant to Section 88 of the Electricity Industry Act 2000 (Vic), where easements have not been otherwise provided, for all existing Ausnet Electricity Services Pty Ltd electric power lines and for any new power lines required to service the lots on the endorsed plan and/or abutting land.

(e) Obtain for the use of Ausnet Electricity Services Pty Ltd any other easement required to service the lots.

(f) Adjust the position of any existing Ausnet Electricity Services Pty Ltd easement to accord with the position of the electricity line(s) as determined by survey.

(g) Set aside on the plan of subdivision Reserves for the use of Ausnet Electricity Services Pty Ltd for electric substations.

(h) Provide survey plans for any electric substations required by Ausnet Electricity Services Pty Ltd and for associated power lines and cables and executes leases for a period of 30 years, at a nominal rental with a right to extend the lease for a further 30 years. Ausnet Electricity Services Pty Ltd requires that such leases are to be noted on the title by way of a caveat or a notification under Section 88 (2) of the Transfer of Land Act 1958 (Vic) prior to the registration of the plan of subdivision.

(i) Provide to Ausnet Electricity Services Pty Ltd a copy of the plan of subdivision submitted for certification that shows any amendments that have been required.

(j) Agree to provide alternative electricity supply to lot owners and/or each lot until such time as permanent supply is available to the development by Ausnet Electricity Services Pty Ltd. Individual generators must be provided at each supply point. The generator for temporary supply must be installed in such a manner as to comply with the Electricity Safety Act 1998 (Vic).

(k) Ensure that all necessary auditing is completed to the satisfaction of Ausnet Electricity Services Pty Ltd to allow the new network assets to be safely connected to the distribution network.

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

(a) The Plan of Subdivision for the first stage has not been certified under the Subdivision Act 1988 within 3 years of the issued date of this permit.

(b) All stages of the Plan of Subdivision have not been certified within 10 years of the issued date of this permit.

(c) The registration is not issued within 5 years of the date of certification of a particular stage of subdivision.

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] 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.

[2] The orange dashed line along the southern waterway corridor identifies GGE habitat. The brown/green dashed line along the east west waterway corridor identifies WBC habitat.

[3] A subdivision permit application for land to the west known as 82 Butlers Track was refused in 2023 and review of the decision by the Tribunal was not sought. Subdivision of land to the south is currently being considered by Council.

[4] See for example clauses 02.03-1, 11, 11.01-S, 11.01-1R, 11.01-1L-01, 11.01-1L-02, 11.02-1S, 11.02-2S, 11.02-3 and 11.03-2S.

[5] See for example clauses 12.01-1S, 12.01-1L, 12.01-2S, 12.03-1S, 14.02-1S, 15.01-1S, 15.01-4S, 18.02-2S.

[6] For example Bowen Park Pastoral Pty Ltd v Baw Baw SC [2020] VCAT 755, Bentley Lifestyle Developments Pty Ltd v Baw Baw SC [2022] VCAT 272 and Intrapac Ellarook Pty Ltd v Wyndham CC [2024] VCAT 499.

[7] I understand a subdivision application for 82 Butlers Track was refused and the refusal was not challenged in the Tribunal.

[8] Project reference RD-SW-06 in the Development Contributions Plan.

[10] I understand a referral of the subdivision to the Commonwealth under the EPBC Act has been made.

[11] The ESO4 is not applied on the site in the planning scheme as it is included in the incorporated PSP.

[12] According to Mr LeBel the native species Tall Spike-sedge forms this aquatic EVC. This EVC does not naturally occur in this area but does in the bio-region.

[13] As discussed elsewhere in these reasons additional WBC habitat may be impacted by interim drainage basins if the temporary access road is widened.

[14] According to Mr LeBel the native species Tall Spike-sedge, forming an 'artificial' aquatic EVC (Aquatic Herbland EVC653) that does not naturally occur in this area but does in the bio-region.