NO 14 NOV 2O1 - Monash Council

Hon Richard Wynne MP Minister for Planning

The Mayor Monash City Council, PO Box 1

Glen Waverley VIC 3150

Dear Sir / Madam

Y

NO 14 NOV 2O1

[ 4 1 ; t 7 t r i Officer: --- Copy To:

8 Nicholson Street East Melbourne, Victoria 3002 Telephone: 03 8683 0965 DX210098

Ref: MBR031612

WAVERLEY PARK TRANSMISSION LINES — PERMIT STA/2001/000714 — PROPOSED PLANNING PERMIT AMENDMENT

I refer to the above amendment application.

As a party to the Victorian Civil and Administrative Tribunal proceedings in respect to the Waverley Park transmission lines proposed planning permit amendment, I wish to inform you that on 2 November 2016, the Governor in Council (under Clause 61 of Schedule 1 of the Victorian Civil and Administrative Act 1998) directed me, as the Minister for Planning, to grant an amendment to Planning Permit No. STA/2001/000714.

Accordingly, please find a copy of the amended permit enclosed.

If you have any questions about the matters in this letter please, contact Jane Homewood, Executive Director of Statutory Planning Services with the Department of Environment, Land, Water and Planning, on (03) 8683 0975.

Yours sincerely

HON RICHARD WYNNE MP Minister for Planning

9 November 2016

Encl.

VG

ORIA Goverment

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Planning and Environment Regulations 1998 Form 5


PLANNING PERMIT

Granted under Division 5 of Part 4 of the Planning and Environment Act 1987

ADDRESS OF THE LAND:

THE PERMIT ALLOWS:

Permit No.: STA/2001/000714B

Monash Planning Scheme

Responsible Authority: Minister for Planning

WAVERLEY PARK being the land bounded by Wellington Road to the north, Jacksons Road to the east, the Monash Freeway to the south, the Safeway land to the west and excluding the land in the north east corner. (The subject land is more particularly described in Certificates of Title Volume 10172 Folio 938, Volume 7523 Folio 049, Volume 8062 Folio 152, Volume 2885 Folio 885, Volume 8100 Folio 113, Volume 8955 Folio 878, Volume 10040 Folio 536 and Volume 10040 Folio 537).

SUBDIVISION (UP TO 1500 LOTS), CONSTRUCTION OF UP TO 1250 DWELLINGS, CREATION AND ALTERATION OF ACCESS TO A ROAD IN A ROAD ZONE CATEGORY 1, VARIATION OF AN ELECTRICITY EASEMENT, BUILDINGS AND WORKS TO REALIGN HIGH VOLTAGE TRANSMISSION LINES, DEVELOPMENT AND USE OF A PLACE OF ASSEMBLY (COMMUNITY CENTRE), A FOOD AND DRINK PREMISES (LAKESIDE KIOSK/COFFEE SHOP) AND ASSOCIATED CAR PARK, REMOVAL OF VEGETATION, AND CONSTRUCTION AND CARRYING OUT OF BUILDINGS AND WORKS GENERALLY IN ACCORDANCE WITH: • THE WAVERLEY PARK CONCEPT

PLAN, AUGUST 2002; BUT MODIFIED IN ACCORDANCE WITH THE RECOMMENDATIONS IN THE REPORT OF THE PANEL ON THE REDEVELOPMENT OF THE WAVERLEY PARK SITE (AUGUST 2002) AND

• OTHER PLANS TO BE ENDORSED IN ACCORDANCE WITH THE CONDITIONS APPLYING TO THIS PERMIT.

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THE FOLLOWING CONDITIONS APPLY TO THIS PERMIT:

1. Before a plan of subdivision is certified, a plan showing the overall subdivision of the land must be•submitted to and approved by the responsible authority. The plan (to be known as the subdivision masterplan) must be drawn to scale with dimensions and three copies must be provided. The subdivision masterplan must be generally in accordance with the Waverley Park Concept Plan, August 2002, but modified in accordance with the recommendations in the report of the Panel on the redevelopment of the Waverley Park site (August 2002). The subdivision masterplan must show and include the following: a) The general staging sequence of the development; b) The general mix of lots sizes across the site; c) A landscape masterplan which is generally in accordance with the Landscape

Masterplan Report prepared by Murphy Design Group Pty Ltd, dated February 2002 and "Addendum", dated May 2002;

d) An open space and pedestrian/bicycle movement strategy for the land including details of the access arrangements around the perimeter of the site. The plan must show and make provision, on the land for a pedestrian and bicycle path along the length of Jacksons Road and Wellington Road;

e) Sites for the location of small commercial facilities around the lake; f) The approximate location of speed reduction devices on all roads in

accordance with Clause 56 of the Planning Scheme;

g) The location of at least 3 bus stops on the main road through the site; When approved the subdivision masterplan will be endorsed and will then form part of this permit. The subdivision masterplan may be amended at any time by the responsible authority on application by the owner. All amendments must be to the satisfaction of the responsible authority.

2. Before the plan of subdivision for each stage is certified under the Subdivision Act 1988, stage plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the endorsed subdivision masterplan and must show or include: a) all bearings, distances, levels, lots, street names, lot numbers, lot sizes,

reserves to vest in each statutory body or Monash City Council, areas to be included as common property and easements, where applicable;

b) the stadium and its appurtenances and the oval being shown as not vesting in Monash City Council;

c) detailed permanent and temporary noise attenuation measures on each of the boundaries abutting industrial, commercial and freeway land, where relevant to that stage;

d) trees which are to be retained and trees which are to be removed;

e) traffic management devices; and

f) those elements of infrastructure as set out in the subdivision masterplan to be provided within that stage.

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3. The plan of subdivision for each stage submitted for certification under the Subdivision Act 1988 must be referred to the relevant authorities in accordance with Section 8 of the Act.

4. The development as shown on the endorsed plans must not be altered or modified without the prior consent of the responsible authority.

5. Before any road or drainage works for each stage start, detailed construction plans must be submitted to and approved by the responsible authority after consultation with the Monash City Council. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the subdivision masterplan submitted in accordance with Condition 1 and must show (where applicable): a) construction of all streets and drainage systems; b) the paving of footpaths and other hard standing areas; c) vehicle crossovers; d) provision of the electricity and telecommunications supply underground

services; e) street lighting; f) traffic management, signs and line marking; g) pavement composition; h) the incorporation of water sensitive urban design principles, consistent with

the Drainage Plan contained in the report of Neil Craigie dated 20 May 2002, prepared by Parry Fraser Jones, ref No. 82-85-/DS ("Attachment 11;

i) kerb profiles as contained in the attachment to this permit ("Attachment 2"), or otherwise to the satisfaction of the responsible authority;

j) .

land that is to be filled so as to change the ground level by more than 1 metre and land that is subject to inundation.

All works constructed or carried out must be in accordance with those plans to the satisfaction of Monash City Council after consultation with the responsible authority.

6. Crushed recycled and reconstituted concrete may be used as Class 2 and Class 3 fine crushed rock as defined in the Roads Corporation design standards in road pavements, as bedding and back filling material for stormwater pipes, footpaths, vehicle crossings and the like. Screened aggregate may be used as backfill in Agricultural Pipe drains and bio-retention trenches.

7. All utility services including water, sewerage, electricity, gas and telecommunications must be installed underground in public open space, nature strips, road verges, footpaths or lots and clear of the road carriageway pavement, except where conduits are installed under the road pavement to provide for road crossings and property connections, or otherwise to the satisfaction of the responsible authority.

8. The owner of the land must enter into an agreement with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity, gas and telecommunications services to each lot shown on the endorsed plan in accordance with the relevant authority requirements and relevant legislation at the time.

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9. The alignment, design and construction or installation of all roads, footpaths, bicycle paths and all utility services must be such as to minimise damage or interference to trees to be retained. a) Before the development in a stage or part of a stage starts, all trees shown

on any of the endorsed plans as to be retained must be suitably marked on the site;

b) Before the development in a stage or part of a stage starts, all trees that are to be retained, must be marked and provided with a protective barricade and the installation of the barricade must be to the satisfaction of the Responsible Authority, following consultation with Monash City Council;

c) All work within the dripline of any tree to be retained must be supervised by a qualified landscape architect or horticulturist and that person must ensure that the works are done in a manner which protects and minimises any damage to those trees;

d) No vehicles, building material, demolition material or earthworks shall be stored or stockpiled under the canopy line of any tree to be retained during the construction period of the development hereby permitted.

10. a) Subject to any agreement dealing with the issue of maintenance, before Monash City Council accepts maintenance responsibility for any element of the drainage system for the development, the relevant element or elements of the drainage system must be in a standard and condition satisfactory to the Monash City Council in terms of physical repair, whether any siltation, rubbish or other blockage within the system has been removed, and whether the system is or is capable of performing to its design specifications.;

b) Before Monash City Council accepts maintenance responsibility for any road within the development, the road or roads must be in a standard and condition satisfactory to the Monash City Council in terms of physical repair and construction.

11. Before the issue of the statement of compliance for each stage of subdivision or any part of a stage of subdivision all works, except as specified in other conditions of this permit are to be completed or otherwise guaranteed to the satisfaction of the responsible authority.

12. Before the issue of the statement of compliance for each stage of subdivision, or any part of a stage of subdivision, a stage landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the stage landscape plan will be endorsed and will then form part of this permit. The plan must be drawn to scale with dimensions and three copies must be provided. The plan must be generally in accordance with the endorsed landscape masterplan and show:

(a) the area set aside for landscaping; (b) vegetation to be removed; (c) landscape works and the schedule of all proposed plants, which will include

the location and size at maturity of all plants, the botanical names of all plants and the location of areas to be covered by grass or other surface material within public spaces and road reserves;

(d) information on irrigation systems; (e) surface finishes of pathways and driveways; (f) the planting of street trees; (g) the location of street name signs;

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(h) bicycle and pedestrian paths and access; (i) barbeque and picnic facilities in the vicinity of the proposed lake; (j) all street and open space furniture; and (k) proposed measures to protect trees to be retained during construction.

The measures outlined in the endorsed landscape plan must be implemented to the satisfaction of the responsible authority and, in particular, all measures that relate to public works must be implemented prior to the issue of a Statement of Compliance for a stage or part of a stage unless the works are bonded or guaranteed to the satisfaction of the responsible authority.

13. All tree planting of street trees and nature strips must be completed in each street in each stage prior to an Occupancy Permit being issued for the last dwelling in that street in that stage, or otherwise to the satisfaction of the responsible authority after consultation with Monash City Council.

14. Subject to any agreement dealing with the issue of maintenance, the street trees, nature strips and open space areas for each stage of subdivision must be maintained by the owner for a minimum of 6 months from planting to the satisfaction of the responsible authority, unless otherwise agreed to by Monash City Council.

15. Vegetation on areas not currently the subject of staged works (including outfall hydraulic infrastructure) must be left undisturbed until the area is ready for development.

16. . Before the construction of any dwelling starts, plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of this permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must show: a) the dwelling type and building envelope for the lot: b) floor plans for each dwelling type proposed on the plans; c) elevation details for each dwelling type proposed on the plans; d) the incorporation of energy efficient design features; e) schedule of materials and colours used for each dwelling type; f) compliance with Clause 54 or 55 of the Scheme as relevant. Compliance with

Clause 55.05-6 is mandatory for all dwellings other than those in apartment buildings; and

g) Panel-fold doors used on all garages. 17. Crossovers onto every lot must be constructed to the satisfaction of the

responsible authority after consultation with the Monash City Council prior to the Occupancy Permit being issued for the associated dwelling.

18. Before a sensitive use (residential use, child care centre, preschool, primary school or public open space) on a part of the land (constituting a stage of the subdivision) starts: (a) a certificate of environmental audit must be issued for each stage of the

subdivision of the land on which the sensitive use is to commence, in accordance with section 53Y of the Environment Protection Act 1970; or

(b) a statement of environmental audit must be issued for the land on which the sensitive use is to commence, in accordance with section 53Z of the Environment Protection Act 1970.

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19. All dwellings constructed on: (a) the western boundary of the land comprised in Certificate of Title Volume

10172 Folio 938; and (b) the eastern boundary of the land comprised in Certificate of Title Volume 8100

Folio 113 and the northern boundary of the land comprised in Certificate of Title Volume 8062 Folio 152;

must be constructed in accordance with the following principles: 19.1 dwellings are to be constructed with a wall on, or adjacent to, the said

boundaries, so as to create a continuous noise barrier; 19.2 in the case of the western boundary as described in Condition 19 (a), the

wall must be not less than 6 metres high and must not contain any windows or openings and in the case of the eastern and northern boundaries as described in Condition 19 (b), the wall must be of sufficient height to ameliorate noise and must not contain any windows or openings; and

19.3 dwellings must be constructed so that noise from any abutting industrial use does not exceed the following levels when measured by an appropriately qualified acoustic engineer immediately after construction of the relevant dwelling.

Basis of Criteria Measurement position Noise level SEPP N-1 Outside front or side of dwelling

SEPP N-1 Inside dwelling

Sleep disturbance Outside open window of dwelling Sleep disturbance Inside dwelling

Lei 46 dBA (night- time)

Leg 31 dBA (night- time)

Lm„ 57 dBA Lrn„ 47 dBA

20. Noise attenuation measures must be incorporated in all residential buildings that are likely to be affected by noise from traffic sources or activities on the oval, the Sir Kenneth Luke Stand or the future minor sports and recreation facility and place of assembly.

21. No dwelling in a stage or part of a stage on the land may be occupied for residential use until a report has been prepared by a qualified acoustic engineer which confirms that all dwellings in that stage or a part of that stage comply with the noise levels in Condition 19.3 and, if required, that acoustic barriers and insulation treatments have been constructed along the western boundary in accordance with Conditions 19.1, 19.2 and 19.3 to the satisfaction of the responsible authority after consultation with the owner of 522 Wellington Road, Mulgrave (Certificate of Title Volume 10019 Folio 648).

22. Before a statement of compliance is issued, the owner of the land must enter into an agreement/agreements pursuant to Section 173 of the Planning and Environment Act 1987 with the responsible authority including the following agreement or agreements by the owner: (a) to notify future purchasers of the land shown on the plan titled Western

Boundary Acoustic Interface Plan dated June 2002 ("Attachment 3") of the existence of and activities carried out on the industrial land to the west and the need for acoustic treatment on the western boundary, by notice in any section 32 Sale of Land Act documents.

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(b) that once the dwellings on the boundaries referred to in Conditions 19 and 24 have been constructed, the acoustic treatments, including any noise barriers and acoustic insulation treatments, not be altered, damaged or demolished without the prior written consent of the responsible authority and, also in the case of the western boundary, the owner of 522 Wellington Road, Mulgrave.

(c) to install at its cost alternative external lighting on the land at 522 Wellington Road, Mulgrave if, after construction of the dwellings along the western boundary in Volume 10172 Folio 938, adverse amenity impacts are caused due to light spillage, to ameliorate those impacts, to the satisfaction of the responsible authority, following consultation with the owner of 522 Wellington Road, Mu!grave. This may be ended upon the works being carried out or deemed unnecessary.

23. Similar Section 173 Agreements to those proposed with the owner of 522 Wellington Road (Safeway Distribution Centre land) must be entered into with the owners of the Boise Cascade and Body Shop land.

24. a) A noise barrier must be constructed on the south and south-east boundary of the land comprised in Certificates of Title Volume 10040 Folio 537 and Volume 8955 Folio 878 and Volume 10040 Folio 536 and Volume 10172 Folio 938, being the Monash Freeway boundary, in accordance with the following principles: i) the barrier may consist of a wall, including a wall of a dwelling, a fence

or a mound (or a combination of such); ii) the barrier is to be constructed on, or near to, the boundary, so as to

create a noise barrier which is continuous or, if not continuous, includes overlaps;

iii) the barrier must be of a height, configuration and construction that noise from the Monash Freeway does not exceed the following levels when measured by an appropriately qualified acoustic engineer immediately after construction of the noise barrier, to the satisfaction of the Roads Corporation:

Basis of Criteria Measurement position Noise level Roads Outside façade of dwelling L10 18hr 63 dBA Corporation objective AS 2107-2000 Inside dwelling abutting Monash As per recommended

Freeway noise levels in AS 2107- 2000

b) This condition must be complied with at such time as would ensure that all dwellings constructed on the subject land experience noise levels no greater than those set out in part a) of this condition.

25. The noise barrier must be constructed so as to make a high urban design contribution to the freeway environs and must incorporate appropriate finishes and colours, articulation and landscaping to the satisfaction of the responsible authority and the Roads Corporation.

26. All dwellings abutting Jacksons Road and Wellington Road must be constructed so that traffic noise does not exceed the following levels when measured by an appropriately qualified acoustic engineer immediately after construction of the relevant dwelling:

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Basis of Criteria Measurement position Noise level AS 2107-2000 Inside dwelling abutting Jacksons Road As per recommended

and Wellington Road noise levels in AS 2107- 2000

27. Noise attenuation measures required by these conditions must be constructed in accordance with the specifications of an acoustic engineer.

28. Following the construction of a relevant stage of the development incorporating the noise attenuation measures required by these conditions, noise levels, at each of the specified measurement positions being the most affected property for that stage, must be checked, post construction, by an approved acoustic engineer. The results of such monitoring must be provided to the responsible authority.

29. Before the road and signalisation works to be carried out in Wellington Road are completed as required by this permit, the owner must construct and/or upgrade a footpath along the Wellington Road frontage of the subject land and along the remaining part of Wellington Road between the subject land and the intersection of Jacksons Road.

30. Before the road and signalisation works to be carried out in Jacksons Road are completed as required by this permit, the owner must construct and/or upgrade a footpath along Jacksons Road between the intersection with Wellington Road and the Waverley Gardens Shopping Centre in accordance with plans to the satisfaction of the responsible authority so as to ensure that a safe and convenient footpath is provided along Jacksons Road between the intersection with Wellington Road and the shopping centre, or otherwise to the satisfaction of the responsible authority.

31. Access to Wellington Road and Jacksons Road must be generally as follows to the satisfaction of the Roads Corporation: a) Wellington Road/Jells Road/Major Access Road — Signalised intersection as

indicated in the attached excerpts of the Traffic and Transport Report prepared by GTA Consultants, dated 29 May 2002 ("Attachment 4");

b) Wellington Road/Minor Access Road — as per Attachment 4; c) Wellington Road/Jacksons Road — as per Attachment 4; d) Provide an additional westbound through lane on Wellington Road by

constructing a continuous traffic lane between the treatments described in a) — c) above; e) Jacksons Road/Minor Access Road (North and South) — Left turn in and left

turn out access only as per Attachment 4; f) Jacksons Road/Main Access Road — the owner shall provide a signalised

intersection which shall consist of 4 approaches as follows: A) The Jacksons Road approaches shall have the following lane

configuration:

• A 3.5 m wide right turning deceleration lane consisting of 30 metres storage with an additional 30 metre taper lane;

• A short kerbside lane 4.5 m wide, extending 60 metres from the intersection with an additional 60 metre taper lane;

• A continuous through lane 3.5 wide;

• A short kerbside departure lane 4.5 m wide, extending 60 metres from the intersection with an additional 60 metre taper lane;

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B) The Main access road approach shall have the following lane configuration:

• A short kerbside lane 3.5 m wide, 60 metres long with an additional 30 metre long taper;

• A single 3.5 m wide right turn lane; C) The eastern approach shall consist of two 3.5 m wide approach lanes with

a single departure lane. g) Improvements to pedestrian access between Waverley Park and Waverley

Gardens Shopping Centre must be undertaken to the satisfaction of the responsible authority.

32. Before subdivisional works start for the relevant stage or part of a stage of the development, detailed engineering plans of all proposed road intersection works on or to Jacksons Road and/or Wellington Road that are relevant to that stage must be submitted to the Roads Corporation for approval. (When the plans are approved, an additional copy shall be submitted to the Roads Corporation for surveillance purposes.)

33. Before subdivisional works start for the relevant stage or part of a stage of the development, detailed layout plans of all proposed signal installations and modifications on Jacksons Road and/or Wellington Road that are relevant to that stage shall be submitted to the Roads Corporation for approval. (Roads Corporation will arrange for the signal installation and modification works to be carried out at an appropriate time).

34. All external roadworks required under this permit must be constructed: a) at the owner's expense; b) in accordance with the detailed engineering plans; c) in accordance with the detailed layout plans; and d) at a time required to properly service the development of the subject land,

all to the satisfaction of the Roads Corporation. 35. Measures must be taken (such as installation of wheel cleaning devices) to ensure

that no mud or dust or the like is deposited on the surrounding road network during the carrying out of development pursuant to this permit to the satisfaction of the responsible authority, the Monash City Council and the Roads Corporation.

36. Before the signal installation works for the relevant stage are programmed to commence, the Roads Corporation must be paid the full cost of all new traffic signal installations and modifications for that stage related to the development, including a contribution of up to and not exceeding $50,000, being the agreed contribution for 10 year's maintenance, for the new signalised intersection at Jacksons Road and the new Main Access Road.

37. Before the preparation of detailed engineering plans for Jacksons Road and Wellington Road, the Owner shall submit functional layout plans of proposed carriageway alignment and intersections, along Wellington Road and Jacksons Road, to the Roads Corporation for approval. The functional layout plans shall show proposed lane arrangements along Jacksons Road and Wellington Road in accordance with the requirements of Condition 31 and current road design practices and principles.

38. Any land required by Condition 31 (e) and (f) for the purpose of road must be provided by the owner at no cost to the Roads Corporation and to the satisfaction of the Roads Corporation. The applicant must prepare a plan of subdivision

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showing all the land affected by roadworks, as required by Condition 31(e) and (f), to be labelled "ROAD" so as to be vested in the Roads Corporation, where applicable, upon certification of the plan of subdivision.

39. The development shall include measures to prevent direct access from the subject land (by pedestrians, vehicles or animals) to the Monash Freeway reservation to the satisfaction of the Roads Corporation.

40. The main access road intersection with Jacksons Road and all works along and affecting Jacksons Road, including access improvements to Waverley Gardens, must be undertaken together and in any event no later than Stage 5 of the subdivision.

41. The current level of access enjoyed by the property at 62-94 Jacksons Road (the Missionary Oblates of Mary Immaculate) must continue to be provided for. This should include the provision of left turns and protected right turns into the site and right and left turns out of the site by means of a fourth leg to the Jacksons Road/major access road intersection. This may replace one or more of the current accesses to the site at 62-94 Jacksons Road.

42. Land in the far south-east corner of Waverley Park must not be developed within the next five years.

43. Before the issue of a statement of compliance for each stage of subdivision, the owner must provide to the satisfaction of Telstra all works for the provision of Telecommunication services to each lot created in the subdivision.

44. Where any extension or alterations to the Telstra network or plant are necessitated by the proposed subdivision, the cost of such works must be met by the owner prior to the statement of compliance being issued.

45. Before the issue of a statement of compliance for each stage of subdivision, the owner must enter into and comply with an agreement with Melbourne Water Corporation, under section 269A of the Melbourne and Metropolitan Board of Works Act 1958, for the provision of drainage works and the acceptance of surface and storm water from the subject land directly or indirectly into Melbourne Water's drainage system.

46. No polluted and/or sediment laden runoff is to discharge directly or indirectly into Melbourne Water drains or watercourses.

47. Before drainage works start a detailed Stormwater Development Plan shall be prepared and submitted to the responsible authority, Melbourne Water and Monash City Council for approval. The drainage of all subsequent stages must be constructed in accordance with the agreed Stormwater Development Plan.

48. Before the issue of a statement of compliance for each stage of subdivision, the owner must enter into an agreement with Yarra Valley Water for the provision of water supply and sewerage reticulation.

49. Before the issue of a statement of compliance for each stage of subdivision, the owner must enter into an agreement with United Energy for the provision of electricity supply and gas reticulation.

50. The alignment of the existing high voltage transmission lines and associated easement may be varied to the satisfaction of the responsible authority and the relevant electricity authority.

51. Before removal of the existing transmission lines and construction of the replacement powerline and supporting structures, plans to the satisfaction of the responsible authority and the relevant electricity authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of this permit. The plans must be drawn to scale

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with dimensions and three copies must be provided. The plans must be generally in accordance with drawings SDMP01(TL5) dated 14 June 2013; TL-TP1100a Rev D dated 11 July 2014; 45M 270KNU Rev A dated 8 July 2014; 48M 160KNU Rev A dated 8 July 2014; 60327503-SHT-00-EL-1101 Rev A dated 11 July 2014; and 60327503-SHT-00-EL-1102 Rev A dated 11 July 2014 (but amended to show the central monopole at a height of 45 m).

52. The removal of the existing transmission lines and construction of the replacement above ground transmission lines and supporting structures in accordance with condition 51 must be completed within 2 years of the date agreement is reached with the relevant electricity authority and by no later than 3 years from the date this permit is amended to include this condition or such later date to the satisfaction of and approval in writing by the responsible authority.

53. Before a statement of compliance is issued for the final stage of subdivision at Waverley Park, or 4 November 2017 (whichever occurs first): a) A plan for works within new public open space areas within Waverley Park

must be approved by the responsible authority and Monash City Council. That plan must be generally in accordance with the landscape masterplan at pages 14-15 of the expert witness report of Barry Murphy dated August 2014, but modified to include the following elements: space for and the provision of services to a future kiosk, car park and public toilets (such services to be located abutting the lake);

b) The works, services and facilities to be provided in accordance with the plan to be approved pursuant to condition 53(a) are to be to the value of $4.2 million and must be provided by or otherwise paid for wholly by Mirvac;

c) A plan for works within existing public open space within Waverley Park must be approved by the responsible authority and Monash City Council. That plan must be generally in accordance with the recommendations on page 35 and in Appendix B of the expert witness report of Barry Murphy, dated August 2014;

d) The works, services and facilities to be provided in accordance with the plan to be approved pursuant to condition 53(c) are to be to the value of $612,000 and must be provided by or otherwise paid for wholly by Mirvac;

e) A plan for the provision of a community facility within the Waverley Park Stadium, must be approved by Monash City Council, unless Council determines that such a community facility is not required. That plan must include, as a minimum, a kitchen, toilets, and multi-purpose meeting areas;

f) The works, services and facilities to be provided in accordance with the plan to be approved pursuant to condition 53 (e) are to be to the value of $690,000 and must be provided by or otherwise paid for wholly by Mirvac, unless Council determines that such a community facility is not required;

9) A plan for the provision of additional public open space works (within or external to Waverley Park) serving Waverley Park residents must be approved by Monash City Council, unless Council determines that such works are not required;

h) The works to be provided in accordance with the plan to be approved pursuant to condition 53 (g) are to be to the value of $1,000,000 and must be provided by or otherwise paid for wholly by Mirvac, unless Council determines that such works are not required;

i) All of the works, services and facilities required by the plans approved pursuant to conditions 53 (a), (c), (e) and (g) must be carried out, provided

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and completed to the satisfaction of the responsible authority and Monash City Council;

54. Within 90 days of the date of the amendment of this permit, an Open Space Delivery Plan to the satisfaction of the responsible authority must be submitted to and approved by the authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must address: (a) A schedule of maintenance works for areas of the open space area within

the easement to improve its amenity and appearance. These works may include: (i) Litter and debris removal (ii) Vegetation and weed control

(b) To the extent practical and consistent with occupation health and safety, a schedule for the staged and early completion of sections of the open space area and opening to the public prior to the completion of transmission line works and residential lot subdivision.

The works must be undertaken in accordance with the Open Space Delivery Plan to the satisfaction of the responsible authority in accordance with the timing and schedule specified. These works are in addition to those works required by condition 53

55. Before the issue of a statement of compliance for each stage of subdivision, the owner must meet any requirements of the Melbourne Fire Brigade.

56. Prior to a Statement of Compliance being issued in respect of the subdivision the • owner must: (a) pay the following fees:

i) 2.5% supervision fee based on the cost of construction; ii) 0.75% fee for the checking of engineering plans based on the cost

of construction; (b) lodge with Council, a set of "as-constructed" transparencies of

subdivisional works. 57. Permanent Survey marks must be installed and associated sketches must be

submitted to Council before a Statement of Compliance for a stage or part of a stage is issued.

58 Unless some alternative arrangement is made, the owner must enter into an agreement to the satisfaction of the responsible authority with the responsible authority and Monash City Council under section 173 of the Planning and Environment Act 1987 that, in addition to the usual machinery provisions makes arrangements for the future management and maintenance of public open space based on the following principles:

• All tiers of open space within the open space hierarchy of Waverley Park, excluding the oval, should be transferred to ownership of the Council.

• The Council should be responsible for a monetary contribution to the maintenance of a reasonable proportion of the public open space. A reasonable proportion would be all land within the first and second tiers within the open space hierarchy, excluding the oval.

• An appropriate standard of maintenance for these tiers of open space should be established to the satisfaction of the responsible authority. The standard of maintenance should be at least the level necessary to maintain its function.

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• The owners of land at Waverley Park should be responsible for the maintenance of other areas of open space and to any standard greater than the 'appropriate standard'.

• A body corporate should be established as the mechanism for raising funds from the owners of the land within Waverley Park for maintenance of open space.

• The body corporate should be responsible for managing the maintenance of all public open space. Appropriate agreements should be entered between the Council and the body corporate or other mechanisms set in place to ensure the ongoing management and funding regime is certain and consistent.

Expiry of permit: 59. This permit will expire if one of the following circumstances apply:

(a) The subdivision and/or works are not commenced within 2 years of the date of this permit.

(b) The subdivision and/or works is not completed within 15 years of the date of this permit.

NOTE: Attachment 1: Drainage Plan prepared by Parry Fraser Jones. Attachment 2: Kerb profiles diagram. Attachment 3: Western Boundary Acoustic Interface Plan dated June 2002. Attachment 4: Excerpts from the Traffic and Transport Report prepared by GTA

Consultants, dated 29 May 2002.

THIS PERMIT HAS BEEN AMENDED AS FOLLOWS:

Date of Amendment Brief description of amendment 4 Novemper 2&46... Changes to preamble, condition 50 substituted with a revised

condition 50; replacement conditions 51, 52, 53 and 54 inserted into the permit; and original conditions renumbered accordingly.

Date Issued: 14 August 2002

Date permit comes into operation: (or if no date is specified, the permit comes into operation on the same day as the amendment, to which the permit applies, comes into operation)_

Signature for the responsible authority

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IMPORTANT INFORMATION ABOUT THIS PERMIT

WHAT HAS BEEN DECIDED?

The responsible authority has issued a permit. The permit was granted by the Minister administering the Planning and Environment Act 1987 under section 961 of that Act

WHEN DOES THE PERMIT BEGIN? The permit operates from a day specified in the permit being a day on or after the day on which the amendment to which the permit applies comes into operation.

WHEN DOES A PERMIT EXPIRE? 1. A permit for the development of land expires if —

• the development or any stage of it does not start within the time specified In the permit; or

• the development requires the certification of a plan of subdivision or consolidation under the Subdivision Act 1988 and a plan is not certified within

two years of the Issue of a permit, unless the permit contains a different provision; or

• the development or any stage of it Is not completed within the time specified in the permit, or, if no time is specified, within two years after the issue

of the permit or in the case of a subdivision or consolidation within 5 years of the certification of the plan of subdivision or consolidation under the

Subdivision Act 1988.

2. A permit for the use of land expires if

• the use does not start within the time specified in the permit, or if no time is specified, within two years of the issue of the permit; or

• the use Is discontinued for a period of two years.

3. A permit for the development and use of land expires If -

• the development or any stage of it does not start within the time specified in the permit; or

• the development or any stage of it is not completed within the time specified in the permit, or, If no time Is specified, within two years after the issue

of the permit; or

• the use does not start within the time specified in the permit, or, If no time is specified, within two years after the completion of the development; or

• the use is discontinued for a period of two years.

4. If a permit for the use of land or the development and use of land or relating to any of the circumstances mentioned in Section 6A(2) of the Planning and

Environment Act 1987, or to any combination of use, development or any of those circumstances requires the certification of a plan under the Subdivision Act

1988, unless the permit contains a different provision-

• the use or development of any stage is to be taken to have started when the plan is certified; and

• the permit expires if the plan Is not certified within two years of the issue of the permit.

5. The expiry of a permit does not affect the validity of anything done under that permit before the expiry.

WHAT ABOUT APPEALS? • Any person affected may appeal against-

• a decision of the responsible authority refusing to extend the time within which any development or use is to be started or any development completed; or

• a decision of the responsible authority refusing to extend the time within which a plan under the Subdivision Act 1988 is to be certified, in the case of a

permit relating to any of the circumstances mentioned in section 6A(2) of the Planning and Environment Act 1987; or

• the failure of the responsible authority to extend the time within one month after the request for extension is made.

• An appeal is lodged with the Administrative Appeals Tribunal.

• An appeal must be made on a notice of Appeal form which can be obtained from the Administrative Appeals Tribunal, and be accompanied by the applicable fee.

• An appeal must state the grounds upon which it is based.

• An appeal must also be served on the responsible authority.

• Details about appeals and the fees payable can be obtained from the Administrative Appeals Tribunal.

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NO 14 NOV 2O1 - Monash Council