VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
planning and environment LIST	vcat reference No. P1244/2023
Permit Application no.YR-2020/272 	
CATCHWORDS	
Section 77 of the Planning & Environment Act 1987 (Vic.); Yarra Ranges Planning Scheme; Green Wedge Zone Schedule 2; Significant Landscape Overlay Schedule 6; Marquee; Use of the land to sell and consume liquor; Exiting Use Rights; Landscape Character; Car Parking; Hours of Operation; Number of Patrons; Noise; Light spill; Traffic.  	

Applicant	John William Anker	
Responsible Authority	Yarra Ranges Shire Council	
Respondent	Richard John Kean	

SUBJECT LAND	305 Victoria Road
GRUYERE VIC 3770	

HEARING TYPE	Hearing	

DATE OF HEARING	2, 3, 4 & 5 April 2024	

DATE OF ORDER	26 March 2025	

CITATION	Anker v Yarra Ranges SC [2025] VCAT 256	

Order
1	Pursuant to Clause 64 of Schedule 1 of the Victorian Civil & Administrative Tribunal Act 1998 (Vic), the permit application is amended by substituting for the permit application plans, the following plans filed with the Tribunal:
•	Prepared by:	Belgraphik Building Design 	
•	Drawing numbers:	TP2, TP3, TP4, TP5, TP6, TP7, TP8, TP9, TP10 and TP11 Revision E 	
•	Dated:	28/4/23	
Permit granted
2	In application P1244/2023 the decision of the responsible authority is set aside.
3	In planning permit application YR-2020/272 a permit is granted and directed to be issued for the land at 305 Victoria Road Gruyere VIC 3770  in accordance with the endorsed plans and the conditions set out in Appendix A.  The permit allows:
Planning scheme clause	Matter for which the permit has been granted	

Clause 42.03-2	Construct buildings or works.	
Clause 52.27	To use the land to sell and consume liquor.	

Alison Slattery
Member		Phil West
Member	

Appearances
For applicant	Louise Hicks, Barrister, instructed by
Charlotte Black Solicitor, Eales and
Mackenzie.  
Evidence was called from:
•	Andrew Partos of Hansen Partnership-Landscape Evidence;
•	Darren Tardio of Enfield Acoustics-Acoustic evidence; and
•	Deborah Donald of O’Brien Traffic-Traffic and parking evidence.	
For responsible authority	Gavin Crawford, Town Planner, Yarra Ranges
Shire Council.	
For respondent	Richard Kean, in person. 	

InformaTION
Description of Proposal	Development of the site for a marquee, paved area, arbour, kitchen and car parking.  

Figures 1 and 2 from plans 
The marquee has dimensions of 30.00 metres by 15.14 metres for an area of 454.5 square metres.  The maximum height of the marquee is 5.525 metres as shown on figure 2 below.  

	The kitchen is proposed to a height of 3.05 metres and has dimensions of 5.0 metres by 15.14 metres with an area of 75.7 square metres.  
The arbour has length of 71 metres (north/south) and 24.5 metres (east/west) with a total area of 425 square metres and a maximum height of 3.8 metres.  Paving around the buildings is also included. 
The marquee and kitchen are set back around 190 metres from the frontage to Victoria Road and this front setback area will accommodate parking areas and access aisles for cars.   
 
Figure 3 from plans 
Landscaping is proposed to either side of the easternmost driveway, within the car parking area, to the east and west of the westernmost driveway, to the east and west of the arbour and to the north, south and east of the marquee. 

Figure 4 from plans 
Lighting is proposed to the entrance of the car parking area from the arbour and within the car parking area (175 car spaces) as shown below.  

Figure 5 from plans 
The use of the site to sell and consume liquor is also proposed for the marquee, arbour and adjacent to the toilet block and kitchen areas.  The total are within the ‘red line’ is around 2260 square metres.  The marquee is expected to cater for 350 patrons with hours of operation from 10.00am and 11.00pm on any day (excluding Sunday, Good Friday and Anzac Day when it is not operational).	
Nature of proceeding	Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit. 	
Planning scheme	Yarra Ranges Planning Scheme	
Zone and overlays	Green Wedge Zone Schedule 
Significant Landscape Overlay Schedule 6	
Permit requirements	Clause 42.03-2 Construction of buildings and works.
Clause 52.27 Use of the site to sell and consume liquor.	
Relevant scheme policies and provisions	Clauses 02.03-1, 11.03-5S, 12.05-L, 13.05-1S, 15.01. 17.04, 18.02-4S, 51.02, 51.03, 52.06, 52.27, 63.01, 65, and 71.02.   	
Land description	The proposal is sited at 305 Victoria Road, Gruyere, to the southern portion of the site adjacent to the existing toilet block.  The land is shown below, but is described further later in this decision.  

Figure 6 from plans 
	
Tribunal inspection	Members Slattery and West visited the general area surrounding the site separately prior to the hearing.  An accompanied inspection of the site was conducted during the hearing, with all parties present.  The Tribunal was taken to the areas for planting, for lighting, for car parking, where buildings and works are proposed to be or have been located, to the Woolshed area and to the Shearers Quarters.  The parties moved on to Mr Keans property and took in the presentation of the site from that vantage point.  Further, Members Slattery and West drove around the perimeter of the site and took in the wider area.  	

  Reasons
What is this proceeding about?
1	John William Anker applied to Yarra Ranges Shire Council (‘Council’) for a permit to develop the land at 305 Victoria Road, Gruyere (‘the site’) for use of the land for sale and consumption of liquor and buildings and works to construct a marquee and an outbuilding associated with an existing function centre.  
2	Council issued a Notice of Refusal of the proposal on 11 September 2023.  These grounds were amended having reference to the amended plans submitted pursuant to Practice Note PNPE9.  The amended grounds include:
a.	The proposal is contrary to the objectives of the Significant Landscape Overlay Schedule 6 which requires development:
i.	maintain a comparatively open rural landscape of farmland and bushland in which developments are generally inconspicuous; and
ii.	ensure that the siting and design of new buildings complements their setting and reinforces the rural landscape character of the area.
b.	The built form does not respond to the surrounding context as it fails to provide a well considered design, resulting in a form that does not positively contribute to the character of the area (i.e. scattering of buildings and associated infrastructure onsite).
c.	The proposal imposes an unreasonable level of material detriment to the adjoining properties.
d.	The development is contrary to the decision guidelines of Clause 65.01 of the Yarra Ranges Planning Scheme relating to approval of an application with reference to the orderly planning and amenity of the area.
e.	The proposal would result in an outcome which is inconsistent with the existing and preferred landscape qualities, character, aesthetics and amenity of the site and surrounding area.
f.	The application fails to demonstrate that the amenity of the area will not be further damaged by the proposed activities beyond the limited purpose of the land use preserved by the existing use right as per Clause 63.05 which has resulted in amenity-based objections to the application.
g.	The proposed car parking works in the front setback are unresolved with regards to materials of construction, lighting and operation under the patron management plan and will detrimentally impact on the amenity of the surrounding area in terms of noise of patrons accessing vehicles after functions, manoeuvring and exiting the site, light impacts of vehicles and constructed lighting and visual impacts of the works and parked cars on the landscape.
h.	The extensive unenclosed area of red line areas proximate to neighbouring dwellings, the proposed hours of operation and the number of patrons associated with the sale and consumption of liquor on the land will have detrimental noise and amenity impacts upon the surrounding area and is contrary to Clause 52.27.
i.	The proposed car park in the front setback has not responded adequately to substantial trees (which require a planning permit to remove, destroy or lop) and is contrary to Clause 42.03 Significant Landscape Overlay SLO6.
j.	Car spaces are not adequately dimensioned and the proposed car parking layout has not adequately responded to Clauses 52.06-8 and Clause 52.06-9.
3	The review applicant, through Ms Hicks, disagrees with Council and asserts that the proposal is consistent with the Significant Landscape Overlay Schedule 6 (‘SLO6’), the Planning Policy Framework (‘PPF’) and Clause 52.27.  She contended that both the use (by way of sale and consumption of liquor) and development integrates appropriately into the surrounding neighbourhood and landscape character and provides a safe and responsive use for the area without unreasonably impacting on traffic, character or amenity.  
4	Ms Hicks put submissions and relied on expert evidence from the following people:
•	Andrew Partos – Hansen Partnership (Landscaping evidence);
•	Darren Tardio – Enfield Acoustics (Acoustic evidence); and
•	Deborah Donald – O’Brien Traffic (Traffic engineering and parking evidence).
5	Mr Kean opposes the use and development of the site in the manner proposed.  Concerns were held with the location of this site for the sale and consumption of liquor in addition to the existing uses on site, given the noise, impacts on landscape, visual bulk and light spill that might ensue.  Further concerns related to car parking and traffic implications.  
6	The Tribunal’s attention was also drawn to the history of the review site, with several permits issued variously for construction of the toilet block, use of the site for Gymkhanas, additions to a horse arena, and use as a place of assembly (Foam Run).  
7	Certificate of Compliance CC-2021/1 was issued 21 December 2021 for the use of the land for a function centre. 
What are the key issues?
8	The key issues for determination are:
a	Does the proposal respond appropriately to Significant Landscape Overlay Schedule 6?
b	Is the licensed premise located in an appropriate location and are the impacts on amenity reasonable?  
9	The Tribunal must decide whether a permit should be granted and, if so, what conditions should be applied.  Having considered all submissions about the applicable policies and provisions of the Yarra Ranges Planning Scheme, we have decided to set aside the Council’s decision.  Our reasons follow.
Referral to legal member for consideration of mixed Questions of law and fact
10	During the hearing it became evident that relevant questions of mixed law and fact had arisen.  Parties sought these questions to be determined by a legally qualified Member.  Referral to a legal member was made on 31 May 2024. 
11	The questions generally relate to the operation of Clause 51.02 as it relates to existing use rights, Clauses 63.05 and 63.08 relating to the limitations on the continuation of the existing use right, and permissions required pursuant to Clause 52.27.
12	In the Tribunal order of 31 October 2024 Member Dalia Cook gave the following answers:
i	Does clause 51.02-4 comprise a permit trigger for building and works where clause 63.05 applies for buildings and works?
No.
ii	Are the existing use rights established pursuant to the Certificate of Compliance, “is established by these provisions” pursuant to clause 51.02?
Existing use rights are established pursuant to Clause 63.11 of the Yarra Ranges Planning Scheme and extend to all relevant use permissions within the Planning Scheme, including Clause 51.02-2 (table of uses).  
iii	Does clause 51.02 or clause 35.04-1 or clause 63.02 or clause 63.05 apply to limit or condition the existing use rights established pursuant to the Certificate of Compliance?
No.  
Only Clause 63.05 may limit or condition the existing use rights established.  
In the current proceeding, the relevant specifications (per Clause 63.05) are that no buildings and works may be constructed without a permit, and the amenity of the area is not damaged or further damaged by a change in the activities beyond the limited purpose of the use preserved by the existing use right. 
Clause 51.02 would still operate in respect of subdivision requirements (if applicable).
The existing use right for a function centre on the whole of the subject land (as per the certificate of compliance) is not ‘lost’ or constrained by the construction of new buildings and works without a planning permit.  
A lack of permission for buildings and works would be a contravention of Clause 63.05 of the planning scheme until remedied, but would not extinguish the existing use right or constrain it to unaffected parts of the land. 
iv	Does clause 51.02 or clause 35.04-1 or clause 63.02 or clause 63.05 prohibit the application including under clause 52.27 as the patron numbers currently and proposed are over 150?
No.  An existing use right has been confirmed for the use of the whole land parcel as a function centre.  
The existing use right is not confined to any maximum patron limits.  
The use provisions in Clause 51.02 are not a relevant limitation on the particular use.  
v	Is the proposal (including the sale and consumption of liquor), an alternative use under clause 63.08?
No, the relevant use of the land is for a function centre which has been confirmed by the certificate of compliance.  
The sale and consumption of liquor may be an activity comprised within or ancillary to the existing use right, but does not represent the potential use of the land for a purpose alternative to a function centre. 
vi	Are the relevant buildings or works requirement under clause 63.05, those under the SLO as there are no buildings and works requirements for a prohibited use under the GWZ and none under clause 51.02?
Yes.  The only relevant buildings and works requirement applying to the proposal is contained in the Significant Landscape Overlay Schedule 6.  
As to the further question identified by the Tribunal at the hearing: 
vii	Is permission required for the sale and consumption of liquor under Clause 52.27 for this proposal in light of the existing use rights for the land as a function centre (as confirmed by the Certificate of Compliance)?
Yes, as applied for. 
13	To this end, it is understood that planning permission is required for the proposal to use the site to sell and consume liquor (Clause 52.27) and for the construction of buildings and works (Clause 42.03-2).
Land Description
14	The site is located on the northern side of Victoria Road just to the east of the intersection with Gruyere Road.  The site currently contains a variety of buildings used for a function centre.  

Figure 7 from Nearmaps 
15	With the exception of a diagonal cut at Darling Road (top north east corner), the review site is essentially rectangular in shape and extends down to the rear to Darling Road, and to the east to Ross Road.  It has a frontage to Victoria Road of around 800 metres and is located on the high side of the road.  The site area is around 125.5 hectares.  The site is located within a larger area which is described as agricultural, but also includes smaller residential style lots, particularly to the area south of Victoria Road in line with the zoning map below:

Figure 8 from Vicplan 
16	Directly to the west, the site is bounded by an unmade road reserve, beyond which is an agricultural site (strawberries).  Beyond that site, and to the south of Victoria Road, Mr Keans property is residential in size and nature. 
17	To the east beyond Ross Road is a highly vegetated area reflecting the Wandin Yallock Creek environs.  
18	Vegetation in the area is varied with contributions from both the private and public realms.  Vegetation informs the character of the area insofar as there is a general backdrop of hills and trees.
19	The location of the proposed marquee venue is shown below along with the location of nearby residences.  The nearest residence at the corner of Victoria Road and Burgi Hill Road is approximately 270 metres south of the south side of the marquee site.  Mr Hodgsons’ residence is approximately 485 metres to the southwest of the marquee site and Mr Keans’ residence is approximately 685 metres to the southwest of the site.

Figure 9 from Nearmaps 
20	Shown below is the southern part of the property indicating the location of the shearers quarters and wool shed as well as the proposed works and buildings for the marquee and arbour adjacent to the existing toilet block.

Figure 10 from plans 
21	The plan below shows the layout of the proposed marquee adjacent to the existing toilet block and associated parking area.

Figure 11 from plans 
22	A more detailed plan of the proposed marquee, arbour, kitchen and the existing toilet block is shown below.

Figure 12 from plans 
PLANNING Provisions and ppf
23	The proposal is for the use of the site to sell and consume liquor and the construction of buildings and works in SLO6.  As such, the following provisions and policies are applicable to the proposal for the site.
SLO6
24	The SLO6 includes the following purposes:
To implement the Municipal Planning Strategy and the Planning Policy Framework.
To identify significant landscapes.
To conserve and enhance the character of significant landscapes.
25	At Clause 42.03-5 the following decision guidelines are relevant considerations: 
•	The Municipal Planning Strategy and the Planning Policy Framework.
•	The statement of the nature and key elements of the landscape and the landscape character objective contained in a schedule to this overlay.
•	The conservation and enhancement of the landscape values of the area.
•	The need to remove, destroy or lop vegetation to create a defendable space to reduce the risk of bushfire to life and property.
•	The impact of the proposed buildings and works on the landscape due to height, bulk, colour, general appearance or the need to remove vegetation.
•	The extent to which the buildings and works are designed to enhance or promote the landscape character objectives of the area.
•	The impact of buildings and works on significant views.
•	Any other matters specified in a schedule to this overlay.
26	The Schedule 6 to the SLO6 is titled Rolling Hills and Bushy Agriculture Landscape.   
27	The Statement of nature and key elements of landscape for this area relevantly includes:
The Rolling Hills and Bushy Agricultural Landscape covers broad areas of pleasantly undulating land with a mountain backdrop.  It includes the lower foothills of the Great Dividing Range north of the Yarra River and the elevated areas south of the river extending from the Warramate Hills through Seville and Wandin towards Macclesfield and Yellingbo in the south. Two significant State Parks contribute to the landscape:
•	Yellingbo Nature Conservation Reserve – a series of linear riparian vegetation areas along the Woori Yallock, Cockatoo and Sheep Station Creek - (habitat for the endangered Helmeted Honeyeater).
•	Yarra Yarraloch Conservation Reserve (Warramate Hills) – a prominent isolated range of forested hills flanked by the flood plain of the Yarra River.
This landscape comprises mostly farmland although it includes many patches of remnant vegetation.  It generally has a coarse grain of subdivision with lot sizes mostly between 10 and 20 hectares.  Lots are divided into an irregular grid network with lot boundaries often being based on natural features.  Properties are generally clearly defined by rural post and wire fencing or windrows.  The road pattern is irregular.
Much of the landscape is managed as grazing pasture although there are substantial areas of vineyards, pockets of orchards, and some other more intensively cultivated areas.  Crop protection structures such as hail netting and igloos are prevalent in some of these areas.
Most houses are well set back from major roads.  Building architecture within this landscape is from a range of styles and eras.  Farm houses are often large sprawling structures with rural design elements such as verandahs.  Houses are often clustered with farm sheds and partly screened by trees.  Winery complexes, often adopting contemporary design styles are a feature of the winegrowing areas.
Views are commonly to a mid range of rolling hills with the Great Dividing Range frequently silhouetted across the horizon as a backdrop to longer distance views.
28	The following landscape character objectives are sought to be achieved:
•	To maintain a comparatively open rural landscape of farmland and bushland patches in which houses, farm buildings and tourist facilities are generally inconspicuous.
•	To ensure that the siting and design of new buildings complements their setting and reinforces the rural landscape character of the area.
•	To retain established trees and patches of indigenous vegetation as an important element of the rural landscape and habitat for wildlife.
•	To allow middle and long distance views from the valley to the surrounding ranges.
•	To maintain the appearance of an uninterrupted forested backdrop to views.
29	The following decision guidelines of the schedule to the SLO6 are relevant:
•	The visual impact on views from adjoining roads and other publicly accessible viewing points. 
•	Whether buildings and associated works are sited to avoid visually prominent sites such as exposed hilltops or ridgelines.
•	The impact of the siting of large buildings on their visual bulk, particularly if close to roads or in open settings where there are no other buildings or mature trees nearby. 
•	Whether buildings are designed to reflect the topography of the site and minimise the extent of earthworks.
•	Whether farm buildings and related structures are clustered with existing buildings on the same land.
…
•	Whether the profile of buildings do not break the skyline or ridgeline behind the building as seen from nearby roads or other publicly accessible viewpoints.
•	How the height of buildings relates to the heights of any surrounding tree canopy and nearby development. 
•	Whether external finishes of buildings use muted tones and non-reflective surfaces and incorporate natural elements such as timber and stone. 
•	The visual impact of new development on the landscape having regard to the size of frontage setbacks of buildings.
•	Whether farm buildings such as storage sheds, water tanks, wine storage tanks and related infrastructure are a visual intrusion in the rural setting and whether they are finished in muted colours, screened by planting or otherwise merged into the landscape. 
•	Whether the design and materials of large buildings such as storage and equipment sheds reflect the rural environment and the traditions of farm buildings.
•	The building mass and form of larger buildings used for visitor accommodation or other tourist related activities.
•	Whether the development includes large signage and advertising, including internally illuminated signs.
…
•	The retention of established trees and patches of indigenous vegetation.
•	The extent of vegetation removal and proposed land management improvements such as replacement vegetation.
•	The use of indigenous species and including canopy trees in landscaping and screening of new buildings.
•	The integration of landscaping with the design of the development and whether it complements the vegetation on any adjoining public land. 
…	
Other buildings and works
•	…
•	Whether the proposal includes urban style road infrastructure such as concrete kerbing, paved footpaths and roundabouts. 
Clause 52.27 Licenced Premises
30	Pursuant to Clause 52.27 a planning permit is required to sell or consume liquor within the ‘red line’ area iterated in association with the marquee.  Clause 52.27 has the following relevant purposes:
To ensure that licensed premises are situated in appropriate locations.
To ensure that the impact of the licensed premises on the amenity of the surrounding area is considered.
31	The decision guidelines of Clause 52.27 that are relevant here include a consideration of the following:
•	The Municipal Planning Strategy and the Planning Policy Framework.
•	The impact of the sale or consumption of liquor permitted by the liquor licence on the amenity of the surrounding area.
•	The impact of the hours of operation on the amenity of the surrounding area.
•	The impact of the number of patrons on the amenity of the surrounding area.
•	The cumulative impact of any existing licensed premises and the proposed licensed premises on the amenity of the surrounding area.
PPF
32	The following components of the PPF have been identified as relevant to our consideration.
Clause 02.03-1 Settlement 
33	Mr Crawford suggested to us that the suite and the surrounding area was located within the Rura Landscape Area which has the following characteristics:
Areas where:
•	Lot sizes are generally greater than 2 hectares.
•	Most lots have been at least partially cleared of indigenous vegetation.
•	Most lots are used for residential purposes in a rural environment.
•	Very few lots are used for productive agriculture (meaning lots of more than 4 hectares that are used for horticultural production or lots of more than 10 hectares that are predominantly cleared and sown with pasture grasses).
Clause 11.03-5S 
34	This policy has as its objective ‘to recognise the importance of distinctive areas and landscapes to the people of Victoria and protect and enhance the valued attributes of identified or declared distinctive areas and landscapes’.
35	Relevant strategies to achieve this include:
Recognise the unique features and special characteristics of these areas and landscapes.
Implement the strategic directions of approved Localised Planning Statements and Statements of Planning Policy.
Integrate policy development, implementation and decision-making for declared areas under Statements of Planning policy.
Recognise the important role these areas play in the state as tourist destinations.
Protect the identified key values and activities of these areas.
Enhance conservation of the environment, including the unique habitats, ecosystems and biodiversity of these areas.
Support use and development where it enhances the valued characteristics of these areas.
Avoid use and development that could undermine the long-term natural or non-urban use of land in these areas.
Protect areas that are important for food production.
Clause 12.05-2L Rural Landscapes
36	This policy has the following relevant strategies:
Design and site development sensitively having regard to the natural physical features of the land including slope, existing vegetation and view lines.  
Discourage non-farm related commercial buildings that adversely impact on valued rural landscapes. 
Clause 13.05-1S Noise Management
37	This policy has as its objective ‘to assist the management of noise effects on sensitive land uses’.
38	Relevant strategies to achieve this include:
Ensure that development is not prejudiced, and community amenity and human health is not adversely impacted by noise emissions.
Minimise the impact on human health from noise exposure to occupants of sensitive land uses (residential use, child care centre, school, education centre, residential aged care centre or hospital) near the transport system and other noise emission sources through suitable building siting and design (including orientation and internal layout), urban design and land use separation techniques as appropriate to the land use functions and character of the area.
Clause 15.01-1S Urban design
39	This policy has as its objective ‘to create urban environments that are safe, healthy, functional and enjoyable and that contribute to a sense of place and cultural identity’.
40	Relevant strategies to achieve this include:
Require development to respond to its context in terms of character, cultural identity, natural features, surrounding landscape and climate.
Ensure development contributes to community and cultural life by improving the quality of living and working environments, facilitating accessibility and providing for inclusiveness.
Ensure the interface between the private and public realm protects and enhances personal safety.
Ensure development supports public realm amenity and safe access to walking and cycling environments and public transport.
Ensure that the design and location of publicly accessible private spaces, including car parking areas, forecourts and walkways, is of a high standard, creates a safe environment for users and enables easy and efficient use.
Ensure that development provides landscaping that supports the amenity, attractiveness and safety of the public realm.
Ensure that development, including signs, minimises detrimental impacts on amenity, on the natural and built environment and on the safety and efficiency of roads.
Promote good urban design along and abutting transport corridors.
Clause 15.01-2S Building design
41	This policy has as its objective ‘to achieve building design and siting outcomes that contribute positively to the local context, enhance the public realm and support environmentally sustainable development’.
42	Relevant strategies to achieve this include:
Ensure a comprehensive site analysis forms the starting point of the design process and provides the basis for the consideration of height, scale, massing and energy performance of new development.
Ensure development responds and contributes to the strategic and cultural context of its location.
Minimise the detrimental impact of development on neighbouring properties, the public realm and the natural environment.
…
Minimise stormwater discharge through site layout and landscaping measures that support on-site infiltration and stormwater reuse.
Ensure the form, scale, and appearance of development enhances the function and amenity of the public realm.
Ensure buildings and their interface with the public realm support personal safety, perceptions of safety and property security.
Ensure development is designed to protect and enhance valued landmarks, views and vistas.
Ensure development considers and responds to transport movement networks and provides safe access and egress for pedestrians, cyclists and vehicles.
Encourage development to retain existing vegetation.
Ensure development provides landscaping that responds to its site context, enhances the built form, creates safe and attractive spaces and supports cooling and greening of urban areas.
Clause 17.04-1L Tourism in the Yarra Ranges Green Wedge
43	This policy has as its objective ‘to provide for sustainable tourism in the Green Wedge’.
44	Relevant strategies to achieve this include:
Support tourist development that will:  
•	Not result in the significant loss of productive agricultural land.  
•	Retain the predominant rural character of the area.  
•	Be located on a site large enough to provide a rural landscape setting for the proposed development.  
•	Avoid adverse impacts on the amenity of adjoining or nearby residential development and or farming operations.  
•	Minimise the threat to flora and fauna habitat by managing public access and visitor numbers.  
•	Treat and contain all effluent on the land.  
•	Have direct access to a sealed or otherwise suitably constructed road that is adequate for the anticipated traffic levels.  
•	Provide visitor accommodation, restaurants, cafes and function centres in established towns.  
Discourage tourist development on sites that are subject to significant environmental hazards including:  
•	Fire and flood prone locations where vehicle access during bushfire and flood events would be unsafe.  
Clause 18.02-4S Roads
45	This policy has as its objective ‘to facilitate an efficient and safe road network that integrates all movement networks and makes best use of existing infrastructure’.
46	Relevant strategies to achieve this include:
Plan an adequate supply of car parking that is designed and located to:
•	Protect the role and function of nearby roads.
•	Enable the efficient movement and delivery of goods.
•	Facilitate the use of public transport.
•	Maintain journey times and the reliability of the on-road public transport network.
•	Protect residential areas from the effects of road congestion created by on-street parking.
•	Enable easy and efficient use.
•	Achieve a high standard of urban design.
•	Protect the amenity of the locality, including the amenity of pedestrians and other road users.
•	Create a safe environment, particularly at night.
Does the proposal respond appropriately to Significant Landscape Overlay Schedule 6?
47	The Yarra Ranges Planning Scheme PPF seeks to encourage new development that responds appropriately to the character of natural features and landscape.  It identifies the importance of landscaping in defining and improving the appearance of neighbourhoods whilst adding to the amenity and usability of open spaces.  
48	The character of this part of Gruyere includes agricultural use sites generally to the north of Victoria Road, and generally on the southern side, and further to the south, residential lots, albeit not small lots (measured in terms of hectares rather than square metres).  We find that, as a result there is no consistent built form character, other than residential built form generally orienting to main roads.  Larger agricultural sites include varied and dispersed built form, reminiscent of shedding and other ancillary buildings required to conduct agricultural pursuits.  
49	During our site visits we observed that within the residential built form there is inconsistent typology, materials, and fencing.  Side setbacks vary, with built form often located well into the block, such as is the case on Mr Kean’s property.  The area is informed by its undulation, its green paddocks, the preponderance of cleared grass areas, all interspersed with a dominance of native vegetation over exotics in road verges, but with exotics in private settings.  This is not a quiet area, with vehicular traffic on Gruyere Road greater than that within Victoria Road.  This is, as a result, an agricultural area, with residential properties to the south, and with a well-used road bisecting it in a north/south then east/west direction.   
50	We do not believe that the built form proposed will detract from the character of the area.  We find that the extent of the built form is reasonable and allows for landscaping to soften its impact.  The siting of built form and setback from the Victoria Road frontage allows for canopy trees and lower order planting to soften the appearance of the building.  
51	We find that the siting, scale and massing of the development is reasonable and provides opportunities for landscaping in line with the expectations of the PPF and the SLO6.  
52	We are persuaded that the development is appropriately positioned on the site so as to respond to the predominant characteristics of the neighbourhood, those being provision of built form scattered or dispersed on larger agricultural lots, with reasonable setbacks and generous frontages.  We say this for the following reasons:
•	The presentation to the street takes its cues from the single storey scale of the surrounding area and the existing buildings on site.  We are satisfied that cues for development can reasonably be taken from the form, scale, siting and built form of these buildings, and that such design cues will result in an appropriate response to the streetscape, and to the character of Gruyere.
•	The single storey scale of Gruyere is appropriately reflected, and we are satisfied that the maximum height is reasonable at one storey (5.525 metres) and do not find that the resulting form is dominating, nor penetrating above the skyline or tree line.  The size of the front setback (around 174 metres) serves to limit the perception of the built form from the streetscape.  We are satisfied that this scale and siting responds well to the scale of the buildings in the immediate area and further afield where dwellings are constructed to a single storey scale.  
•	Further, we took a view of the building presence from Ross Road and determined that the roadside planting serves to obscure these views adequately, and where views are possible, proposed planting will serve to soften the appreciation of the form.  
•	The style of the development proposed responds well to the streetscape insofar as it provides a modest and inconspicuous built form.  We find the design includes muted and thoughtful design elements and a well-considered material palette.  The materials adds to the sense of recession, being a singular colour.  We have not been persuaded that the change in colour from white to green is required, as this would not serve to recess the building to any great extent.  
•	We are generally satisfied that landscaping to the site, especially to the Victoria and Ross Road frontages represents a vast improvement on the existing circumstances.  We are satisfied that reasonable area is provided around the building to accommodate good levels of landscaping, including large trees.
•	We have not been persuaded that views of the development from Gruyere Road are overly appreciable given the intervening form, land and distance. 
•	The dwellings to the south will not be subject to unrelieved built form due to the opportunity for planting within the front and eastern setback.  
•	We further note the topography of the land is such that sites on the lower southern side of Victoria Road will be impeded from views by both the slope of the land and the verge tree planting.   
•	The development responds well to the existing agricultural nature of the SLO6 and we are satisfied car parking will be sufficiently planted and discrete such that impacts on the character of the area will not be unreasonable. 
•	We are satisfied that there is no requirement to destroy or lop vegetation to provide for car parking, nor to provide for defendable spaces.  
•	There will not be a change in lot size, or any ‘appreciation of a change’ in lot size. 
•	Views to a mid range of rolling hills with the Great Dividing Range and longer distance views or forested areas are not unreasonably impacted upon through the provision of the marquee and kitchen building.
•	The marquee/kitchen is not located on a prominent hilltop or ridgeline, with views to the building informed by a backdrop of higher land (to the north) or trees (to the west).  
•	No earthworks are proposed to occur, with the car parking proposed to be finished with aggregate, essentially at-grade and following the topography of the land.
•	The marquee and kitchen are clustered near the existing approved toilet block.  We have not been presented with any reasonable information to suggest that the toilet block is inconsequential. 
•	No signage requiring permission is proposed as a part of this application.
•	We have not been persuaded that the lighting to the development is incongruous with that experienced in the area, particularly given the strawberry production to the east of the site, where large sheds are well lit and cropping under lighting may occur during evening.  
•	We agree with Mr Partos from Hansen Partnership that the views to the marquee are most readily available from Victoria Road at the entrance to the site, and are limited in that the distance to the view point is greater than 400 metres.  Further, we are satisfied that the views from Mr Keans property at the frontage will provide some views to the marquee.  However, we note that from within the dwelling, which is set well back into the site, views have not been demonstrated as being unreasonable.  
•	We agree with Mr Partos that the views of the marquee and kitchen area at night-time, whilst the lighting is on during a function, will be visible.  However, the view from the most exposed residences will be small and only a few degrees of the angle of view as demonstrated in the following diagram shows.  Also, we see that the lighting at the venue will be far less obvious and of a lesser angle of view the further away from the venue. 

Figure 13 from Hansen Partnership evidence page 26
•	We are satisfied that the trees proposed include a mix of exotic and native vegetation such that it compliments the road verge and the prevailing agricultural style of planting in the area.  The trees and lower order shrubs provided will assist in the long view screening and softening of the marquee and kitchen development.  
•	We are satisfied that the typology and breadth of species as iterated below, represents a respectful response to the prevailing agricultural planting regime.  

Figure 14 from landscape plans 
53	We are satisfied that the proposed building/s represent an integrated response to the prevailing built form within the area in terms of design, massing and setbacks.  The development will not detrimentally impact either the streetscape or the wider character of the SLO6 area.  We are satisfied that the proposed development responds well to the PPF and local policy that seeks to ensure development responds to the preferred neighbourhood character of the area and the purposes and decision guidelines of the SLO6. 
Is the licensed premise located in an appropriate location and are the impacts on amenity reasonable?  
54	Within Clause 52.27 planning permission is required to use the site to sell and consume liquor.  The purposes of Clause 52.27 include objectives to ensure that a licenced premises is located within an appropriate location and adequately protects the amenity of the surrounding area.  
55	We are satisfied that the proposed use of the site to sell and consume liquor meets the purposes of Clause 52.27 and say this for the following reasons. 
AMENITY IMPACTS
56	The amenity impacts raised by the Council and the proposal objectors included the impacts from traffic, light spill, noise, hours of operation, and patron behaviour.   
ACOUSTICS 
57	The acoustic issues identified in the objections to the proposal were:
i	noise generated from the use of the marquee;
ii	need to the implementation of the Environment Protection Act 2017 (Vic) (‘EPA’) regulations;
iii	venue noise to be projected to the north and away from the residences 	to the south of Victoria Road; and
iv	because the marquee is located at the top of the hill there will be 		excessive noise for neighbours and the marquee should be located at 	the woolshed complex.
58	The Yarra Ranges Planning Scheme Clause 13.05-1S Noise Management is designed to assist in the management of noise effects on sensitive land uses.  The noise management Strategy is:
Ensure that development is not prejudiced and community amenity and human health is not adversely impacted by noise emissions.
Minimise the impact on human health from noise exposure to occupants of sensitive land uses (residential use, child care centre, school, education centre, residential aged care centre or hospital) near the transport system and other noise emission sources through suitable building siting and design (including orientation and internal layout), urban design and land use separation techniques as appropriate to the land use functions and character of the area.
59	The noise management requirements are supported by policy documents Environment Protection Regulations (‘EPA Regulations’) under the Environment Protection Act 2017 (Vic) and Noise Limit and Assessment Protocol for the Control of Noise from Commercial, Industrial and Trade Premises and Entertainment Venues (Publication 1826, Environment Protection Authority, May 2021) (‘Noise Protocol’).
60	The Noise Protocol specifies what noise is permitted for entertainment venues such as the music noise from the proposal.  The protocol noise limits are based on the existing background noise levels and allow for an increase in the noise levels due to the music noise from the venue depending upon the period of the day (daytime, evening or nighttime).  The EPA Regulations determine when the entertainment noise is unreasonable or aggravating if the music noise exceeds the music noise limits.  
61	It is intended that the operation of the venue would not allow music to be played into the nighttime period (from 11pm Monday to Saturday and from 10pm on Sundays).
62	Enfield Acoustics (‘Enfield’) were engaged by Mr Anker to provide a statement of evidence dealing with the potential noise impacts from the proposed marquee development.  Enfield considered both the potential music noise impacts in the daytime and evening periods and the potential traffic noise impacts from vehicles moving from the site late at night.  It is proposed that music noise from the venue would cease by the beginning of the nighttime period and only the daytime and evening periods are considered.
63	Enfield determined that actual field measurements of actual music noise from a venue event would be more informative for the music noise assessment than attempting to model the music noise impacts.  Enfield measured music noise from an event at the marquee site in December 2023 and then repeated the measurements with testing equipment replicating music noise from the marquee site (March 2024).
64	Enfield determined that the evening background noise levels in December 2023 were 40 dB(A) L90; however, the background noise was affected by wind gusts.  The repeated measured background noise levels in March 2024 were 33 dB(A) L90 and were unaffected by prevailing weather conditions.  During the background noise measurements undertaken by Enfield on both occasions, there was no noise from the marquee venue. 
65	Enfield determined that the music noise limit based on the December 2023 background noise levels to be 45 dB(A) Leq (background noise level plus 5 dB(A)).  Based on the March 2024 background noise levels the music noise limit should be 38 dB(A) Leq, even though Enfield did not state this in their evidence.
66	Enfield conducted a series of measurements at several locations close by to the proposed venue site during December 2023 and March 2024.  Testing was undertaken when music was being played at the marquee (December 2023) as well as targeted testing using pink noise without music (March 2024).  The results indicated that the music noise was audible but not measurable in Ross and Gruyere Roads, whilst music noise was measured at 45-47 dB(A) Leq near residences in Victoria Road.  The music noise levels in Victoria Road where at or exceeded the music noise limit of 45 dB(A) Leq.
67	During the controlled noise measurements in March 2024, Enfield determined:
•	That the highest noise emissions occur at about 270 Victoria Road;
•	The orientation of the speakers in the marquee (from north to south direction) did not vary significantly;
•	An amplification limit of 91 dB(A) or 94 dB(C) at 3 metres in front of two loud speakers resulted in compliance with the derived music noise limits;
•	A music noise level of 91 dB(A) within the marquee would result in a reasonable music level to hold a function; and 
•	Enfield considers ‘that were amplified music can be controlled in the marquee to ensure that noise levels cannot exceed the noise limits....the Application can be approved’.
68	Enfield makes the following recommendations with respect to the venue music noise management:
•	That a permit condition for a permanent in-house sound system with a noise limiting device be installed;
•	That music DJ’s or bands are not permitted to use amplification equipment other than that of the permanent in-house sound system;
•	A permanent in-house sound system with a noise limiting device be installed to control the noise levels at the marquee so that the music noise levels do not exceed the noise limits at the most exposed residences near the venue; and
•	The limiting device is software lockable and requires a certified installer licence to program the device so users can not tamper with the noise limit settings.
69	Enfield also addressed some operational aspects of the ongoing installation and removal of the marquee.  Enfield say:
Because the marquee would be taken down at certain times, the location of the Limiting Device and Sensor would need to be determined in a way that they are reinstalled when the marquee is erected each time. This is commonplace for functions that rely on temporary structures and typically requires the equipment to be installed in a portable hardware rack that can be stored securely when the marquee is taken down. The specific location of this equipment would normally be defined at the time the Limiting Device is installed and calibrated, and those details could be provided in a report to Council’s satisfaction.
With regard to varying types of amplified entertainment (DJ or performers), the proposed condition above would be equally effective. This would allow event DJ’s or performers (using microphones for example) to simply ‘plug in’ to the permanent sound system and be controlled by the Limiting Device.
70	Enfield's results show that the music noise limits determined in accordance with the Noise Protocol can be achieved at the most exposed residence to the music noise from the marquee site. 
71	We are satisfied that the proposed music noise limiting device set up and the Venue and Patron Management Plan (‘VMP’) will enable the music noise levels to be controlled to the determined Noise Protocol noise limits.
72	Enfield considered the impacts of traffic noise from the venue patrons at the residences at Victoria Road and other minor roads.  Enfield used the New South Wales Road Noise Policy, Sleep Disturbance Thresholds to estimate the potential sleep disturbance at residences due to passing vehicles.  The recommended sleep disturbance threshold at a residential facade is 60-65 dB(A) Lmax between 10pm and 7am.  Enfield's opinion is that 60 dB(A) Lmax is a reasonable target in the rural environment.  Also, as the hours of operation of the venue are up to 11pm, then there is only an hour or so where vehicles existing the venue could potentially meet or exceed the threshold noise limit, after 10pm.  Enfield does not make comment on the number of vehicle passby events that could exceed the threshold level.
73	There are no noise limits for sleep disturbance in Victoria, so there is no planning guidance other than the widely accepted New South Wales Road Noise Policy.  As there is potential for sleep disturbance at various residences adjacent to roads used by vehicles exiting the venue, the venue operators will need to address this issue in the Venue & Patron Management Plan.  The plan will also need to respond to any complaints from local residents about noise from vehicles exiting the venue at nighttime. 
74	It is noted that the existing use of the woolshed and shearers cottage will result in traffic movements of vehicles on the local roads and entering and exiting Wandin Park site.  Potentially, there is already exceedance of the sleep disturbance threshold at the nearby residences due to the use of the existing venue facilities.
75	Council recognises that there will be some noise impact on the local community from the activities at the marquee venue; being in the form of music noise and traffic noise.  Council has not provided extensive evidence regarding the potential noise impacts.
76	Mr Kean (250 Victoria Road) has experienced the operation of the marquee for several months and as such has first-hand experience of the various impacts from the operation of the venue.  In his statement, Mr Kean has considered the various impacts of the Wandin Park operations over the years. That is:
Whilst the daylight activities generally have limited impact on local residents, we have incurred some inconvenience from traffic, music and pedestrian noise during the day and night. This ranges from the sounds of dawn hot air balloon filling, general loud speaker announcements and music-particularly early morning music blasting from the event organisers as they set up for events.
We have never, ever complained about any of the activities and inconveniences experienced until now. On balance we believe Wandin Park does a good job and we have been willing to put up with the inconvenience we get.
Our greatest concern with the marquee has been the level of noise we have experienced. The music is loud, clearly penetrating our house till late at night. Based on our actual experience to date, the plan to use the marquee 3 days a week will create considerable disturbance for not only us but many locals, at a level well beyond that expected to be reasonably tolerated in a rural area.
77	Clearly Mr Kean has been exposed already to what would appear to be excessive music noise levels from the proposed venue, and his observations of what would appear to be an unrestrained venue have been considered by us.  Restriction on the music noise levels by applying the EPA Regulations, prescribing the hours of setting up music equipment, restricting the number of times the venue can be used a week, the restricting the months that the venue can be used and requiring a complaints management system should enable the venue to operate in a responsible manner whilst providing some assurance to the local community that the venue is operating withing the requirements of the EP Regulations.
78	Enfield in their statement of evidence makes suggestions for the permit conditions for the venue.  We have considered these suggested conditions and have embraced most of them in the Permit Conditions in Appendix A.  The Venue & Patron Management Plan (‘The Plan’) will need to be developed to address the concerns of the local community as well as managing patron behaviour on site.  The Plan will need to address the issues of music noise, patron noise and potential noise from vehicles exiting the venue and obtain approval of the responsible authority.  Furthermore, based on the experiences of Mr Kean, we will condition the setting up of music equipment for the marquee venue and the number of events at the marquee so that it has minimal noise impacts on the local residences.
Traffic and parking
79	The main concerns about the traffic and parking impacts of marquee venue events are the use of local roads by patrons and venue service providers as well as potential noise and vehicle use in the venue carpark.  The final carpark plan is shown below. 
80	Carparking and traffic evidence was prepared by O’Brien Traffic and presented in the Expert Witness Statement of Ms Deborah Donald.  O’Brien Traffic (‘O’Brien’) considered the capacity of the carparking arrangements for the marquee venue and the impacts that the venue operation will have on the local road network.
81	Carparking for 175 cars has been arranged for the area south of the marquee facilities; there are no separate parking areas for bus parking.  O’Brien observed the patron vehicle movements for two functions; one of 140 patrons for a wedding ceremony at the marquee and the other of 75 patrons for a wedding ceremony at the Woolshed.  O’Brien concluded that:
•	The arrival of guests is over an extended period prior to the commencement of the function;
•	The departure of guests is over a shorter period soon after the function finishes; and 
•	The average vehicle occupancy of both events was 2.2 to 2.3 persons per vehicle.

Figure 15 from plans 
82	The marquee carpark has gravel aisles and vehicles park either side of the aisles.  Access to the carpark is via a main internal road within the site.  O’Brien observed that on the day when the marquee was used for an event, that it was raining, and the condition of the carpark surface did not deteriorate, that the cars parked in an orderly manner and that the carpark should be adequate for the maximum number of guests allowed at a marquee function.   
83	O’Brien also concluded that whilst the car space and aisle widths were acceptable, the carpark plan should be amended so that the proposed dead-end aisles are connected to a roadway at both ends of the aisle which is then connected to the main internal road within the site.  This change would allow for improved vehicle movements in the carpark.
84	O’Brien studied the traffic movements at intersections in the immediate vicinity of Wandin Park.  The general findings of the intersections of the local roads were that they were poorly laid out and the signage and line marking was substandard to the extent that road safety may be affected at some intersections.  O’Brien noted that:
…Council undertake a review of the layout and signage of these 4 intersections and make changes as required to bring these intersections in line with good practice.
It is important to note that these intersections have current safety issues, not related to the operation of the Marquee at Wandin Park. 
85	The impact of the operation of the marquee venue was also analysed by O’Brien.  O’Brien concluded that the road type in the vicinity of the venue can accommodate many thousands of vehicles per day.  The addition of vehicle traffic generated by an event at the venue can be accommodated on the existing road network.  O’Brien noted that the same number of guests may visit the site without attending the marquee as the shearers cottage and woolshed offer a similar experience.
86	O’Brien recommends that the sealed section of Victoria Road to the west of the site be the recommended approach to the site for vehicles.  We agree and recommend that this is conveyed to the guests using the venue by Wandin Park management in their Venue & Patron Management Plan.
87	Council expressed concerns about the marquee carparking in that it raised concerns about the amenity impacts on the surrounding area from patron noise in the carpark, traffic noise from vehicles moving around the carpark and entering/exiting the venue, headlight glare from vehicles and lighting of the carpark.
88	Council was concerned that the carpark did not respond sympathetically to the large trees within the vicinity of the carpark and the requirement to remove, lop or destroy the trees was contrary to the requirements of Clause 42.03 Significant Landscape Overlay SLO6.  Furthermore, Council was concerned that the car spaces are not large enough and the layout has not responded to the requirements of Clauses 52.06-8 and 52.06-9. 
89	Mr Kean does not specifically address the issue of traffic movements associated with the proposed activities at the marquee venue.  Mr Kean does acknowledge that there are traffic impacts on the local road network associated with the operation of the existing facilities and does not expect any further inconvenience from traffic as Wandin Park would only be operating one facility at a time (i.e. the marquee or the woolshed and shearers cottage). 
90	We note that the existing use of the woolshed and shearers cottage will result in traffic movements of vehicles on the local roads and entering and exiting Wandin Park site.  We note that only the marquee or the woolshed and shearers cottage can operate at one time, not both.  The increase in traffic due to the operation of the marquee venue may not be greater than the traffic generated by the use of the woolshed and shearers cottage venue if the site is already operating at capacity.
91	We agree with the findings of the O’Brien evidence with respect to the carparking facilities and the traffic impacts on the local roads due to the operations of the marquee venue.  We also agree with the changes to the carpark that O’Brien suggests in that there will need to be another exit at the southern section of the carpark leading to the main venue road so that there is no reversing of traffic in the aisles of the carpark.
92	Concerns were raised about the removal of trees for the construction of the carpark.  Upon further information provided by Ms Hicks, it became apparent that these trees are to be retained and protected from construction activities and parked cars.  Furthermore, it is understood that if the carpark requires some lighting to provide a safe area for patrons to leave and board their cars, then any changes to the carparking facility (or the lighting) will need to be approved by the responsible authority.
Entrenchment 
93	As a starting point, we agree with Ms Hicks for the permit applicant who noted that not all entrenchment is inappropriate.  Rather, it is a question of whether the entrenchment of the existing use (as approved under the Certificate of Compliance but amended herein) is reasonable.  Further, in considering this question of reasonableness, are conditions required, or can conditions assist in lawfully limiting the material impacts of entrenchment.  
94	We further agree with Ms Hicks that the proposed use (sale and consumption of liquor) and development tends more towards the benign use insofar as the offsite impacts, whilst present, are not material.  That is not to suggest laissez-faire, insofar as the impacts are not significant.  Rather, the significance relates to the appropriateness of the use in this location.  We have been satisfied, in determining the preceding issues, and in combination with the imposition of a condition requiring a VMP, that the proposed use and development aligns with the reasonable expectations of amenity within this zone.
Other matters 
95	We are satisfied that the inclusion of the requirements within the VMP to be enshrined via permit condition will serve to limit any other unreasonable impacts on the amenity of the surrounding area.  The VMP seeks to include limitations on the number of staff and the hours of operation (including limiting functions within the marquee to times when the Woolshed and the Shearers Quarters are not operating).  In this way, there will not be unreasonable impost on the surrounding land due to the cumulative impacts of the existing liquor licences on the site.  
96	The VMP also includes positive requirements for procedures to manage noise, patron behaviour, and car parking which we find will similarly limit unreasonable impacts on surrounding properties.  
97	We have reviewed the evidence and submissions that refer to 250 patrons seated and 350 standing within the marquee.  We have not included these patron numbers within the planning permit, but have had regard to the amenity of the area based on the likely number of patrons that would patronise the establishment.  
Are there any other issues?
98	During the course of the hearing we were advised of the removal of the kitchen from the marquee site during the period when the marquee was not in use.  It is our opinion that the removal of the kitchen is an unnecessary requirement on the venue operator.  The kitchen would most likely not be used if the marquee is not in use. We therefore do not require the removal of the kitchen during the off season.
Conclusion
99	For the reasons given above, the decision of the responsible authority is set aside.  A permit is granted subject to conditions.

Alison Slattery
Member		Phil West
Member	

Appendix A – Permit Conditions
Appendix A – Permit description and Conditions
Permit No	YR-2020/272 	
planning scheme	Yarra Ranges Planning Scheme	
responsible authority	Yarra Ranges Shire Council	
address of the land	305 Victoria Road
GRUYERE VIC 3770	
the permit allows:
Planning scheme clause	Matter for which the permit has been granted	

Clause 42.03-2	Construct buildings or works.	
Clause 52.27	To use the land to sell and consume liquor.	
Conditions
1	Prior to the commencement of the development, amended plans must be submitted to and approved by the Responsible Authority. When approved the plans will be endorsed and form part of the permit. The plans must be drawn to scale, with dimensions, and be generally in accordance with plans TP 2 Revision E Site Plan, TP 3 Revision E Partial Site Plan, TP 4 Revision E Landscape Plan, TP 5 Revision F Carpark Plan, TP 6 Revision E  Marquee Ground Floor Plan, TP 7 Revision E Arbour Plan & Elevation, TP 8 Revision E Marquee North and East Elevation, TP 9 Revision E Marquee South and West Elevation, TP 10 Revision E Marquee Section Plan, TP 11 Revision E Woolshed and Shearer’s Quarters Partial Site Plan. The following modifications are to be shown: 
(a)	As to TP 2 Revision E Site Plan, the setbacks of the marquee from the 	front and west boundary;
(b)	As to TP 3 Revision E Marquee Site Plan, the slab beneath the marquee clearly notated; 
(c)	As to TP 7 Revision E Arbour Floor Plan, TP 8 Revision E Marquee 	North and East Elevation, TP 9 Revision E Marquee South and West 	Elevation, colours and materials noted on all plans
(d)	Modifications shown in the lighting management plan required by condition 19. 
(e)	Modifications shown in the Bushfire Emergency Plan required by condition 18. 
(f)	Modifications shown in the Landscape Plan required by conditions 3 	and 4. 
(g)	Changes in accordance with TP 4 Revision F Landscape Plan;
(h)	Changes in accordance with TP 5 Revision F Carpark Plan.
2	The location of the red line for the licenced premises endorsed to form part of the permit must not be altered or modified (unless the Yarra Ranges Planning Scheme specifies a permit is not required) without the prior written consent of the Responsible Authority. 
The layout of the site shown on the endorsed plans shall not be altered or modified without the written consent of the responsible authority.
3	Before the development is completed, a landscape plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority.  When approved, the plan will be endorsed and will then form part of this permit.  The plan must show:
(a)	Native canopy trees provided to the north, northeast and east of the 	proposed marquee site
(b)	Native canopy trees in the car park at regular spacings
(c)	A survey of all existing vegetation and natural features;
(d)	The area around proposed buildings set aside for landscaping;
(e)	A schedule of all proposed trees, shrubs/small trees and ground cover.
(f)	This schedule shall include a mixture of exotic plants and native 		plants showing the botanical and common name of each plant, the quantity to be planted, the pot size and spacing;
(g)	The location of each species to be planted and the location of all areas 	to be covered by grass, lawn or other surface material;
4	The landscape works as shown on the endorsed plan must be carried out prior to occupation of the permitted development, or if not occupied, within three months of completion of the permitted development. With written consent of the Responsible Authority landscaping may be deferred to the first planting season (May to September) following the completion of the permitted buildings and/or works. New planting must be maintained or replaced as necessary to the satisfaction of the Responsible Authority.
5	The sale and consumption of liquor and development must be so managed that the amenity of the area is not detrimentally affected through the:
•	transportation of materials, goods or commodities to or from the land,
•	appearance of any building, works or materials,
•	emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot ash, dust, waste water, waste products, grit or oil,
•	presence of vermin.
Venue & Patron Management Plan 
6	The sale and consumption of liquor is to operate in accordance with the Venue & Patron Management Plan dated April 2024 by Wandin Park Estate at all times to the satisfaction of the Responsible Authority.
7	The Venue & Patron Management Plan dated April 2024 by Wandin Park Estate must consider the movement of patron and staff vehicles on the property to minimise the impacts of noise and light impacts on the neighbouring properties.
8	Except with the written consent of the Responsible Authority deliveries to and from the site (including waste collection) must only take place between:
(a)	7.00 am and 8.00 pm Monday to Saturday;
(b)	9.00 am and 6.00 pm Sunday, Good Friday and ANZAC Day.
9	The use is to operate in accordance with the waste management plan submitted 30 November 2020 to the satisfaction of the Responsible Authority. 
10	Noise levels emanating from the land must not exceed those set out in Environmental Protection Authority’s publication 1826.4 Noise limit assessment protocol for the control of noise from commercial, industrial and trade premises and entertainment venues or subsequent applicable policy to the satisfaction off the Responsible Authority. 
11	Before the development is completed, a suitable qualified Acoustic Consultant must install and calibrate a Limiting Device (‘the Device’) to interface with and be an integral part of the permanent sound system and confirm that it is operating and has each and every of the following characteristics which are also operating: 
(a)	The Device limits music levels to ensure compliance with the music noise limits according to the EPA Publication 1826 (‘Noise Protocol’) or subsequent relevant EPA Policy; 
(b)	The Device includes a control sensor microphone incorporated into its own tamper-proof enclosure; 
(c)		The music noise device controls are in a locked case or are software password protected so that they are not accessible to personnel other than a qualified acoustic consultant or technician nominated by the permit holder of the land and notified to the Responsible Authority; 
(d)		The Device is installed to control all amplification equipment and associated loudspeakers, and no personal amplifiers or speaker systems are permitted; 
(e)		The Device must be re-calibrated as necessary to maintain Noise Protocol compliance, when any changes are made to the Device sensor microphone position or the venue changes operating conditions, building works, sound system configuration or anything else that may necessitate re-calibration of the Device. 
12	Prior to the commencement of the operation of the marquee venue, an acoustic report must be prepared by a suitably qualified acoustician and submitted to the Responsible Authority for approval, showing the measured existing background noise levels, the music noise limits determined for the most exposed residence to the marquee venue, testing of the in-house music amplification and speaker system, a map of the location of the various parts of the system within the marquee venue and verification that the music noise complies with the requirements of the Environment Protection Regulations 2021 or subsequent applicable regulations.
13	All music or voice amplification shall only be provided by the permanent sound system inside the marquee.  No hire-in or third-party amplification systems are to be operated as part of the marquee functions. 
14	The testing of music equipment set up for a function at the marquee venue can only occur after 8.00am on the day of an event at the Marquee. Testing of music equipment prior to 8.00am will require the written consent of the Responsible Authority.
15	Unless with the written consent of the Responsible Authority, the red line area hereby approved must operate between the hours of:
Woolshed and Shearers Shed
•	10.00am and 11.00pm on Sunday, Good Friday and Anzac Day 
•	7.00am and 11.00pm on any other day.
Marquee
•	10.00am and 11.00pm on any day (excluding Sunday, Good Friday and Anzac Day when it is not operational);
to the satisfaction of the Responsible Authority.
16	A maximum of 3 licensed events can be held at the Wandin Park site per week to the satisfaction of the Responsible Authority. 
17	At any one time, only the Marquee or the Woolshed and Shearers Quarters, not both, shall be used for the sale and consumption of alcohol, to the satisfaction of the Responsible Authority.
18	The serving and consumption of liquor within internal and external areas must operate only within the areas defined by the ‘red line’ plan as shown on the endorsed plan, to the satisfaction of the responsible Authority.
19	At all times during operation there must be present on the premises a person over the age of 21 years (referred to in this permit as “the manager”) who is responsible for ensuring that the activities on the land and the conduct of the persons attending the land do not have a detrimental impact on the amenity of neighbouring residences to the satisfaction of the responsible authority .
The manager must be authorised by the operator under this permit to make statements at any time on his/her behalf to any officer of the responsible authority and of the Victoria Police and/or of Liquor Licensing Victoria authorised under section 129 of the Liquor Control Reform Act 1998; and/or to take action on his/her behalf in accordance with a direction by such officer to the satisfaction of the responsible Authority.
20	Prior to the use of the land for the sale and consumption of liquor commencing, a suitably qualified person in emergency planning must prepare a Bushfire Emergency Plan (BEP) to the satisfaction of the Responsible Authority that addresses the following matters:
(a)	Premises details
•	Describe the property and business details.
•	Identify the purpose of the BEP stating that the plan outlines procedures for:
i	Closure of premises on any day with a Fire Danger Rating of Extreme and Catastrophic (at a minimum).
ii	Evacuation (evacuation from the site to a designated safer off-site location). 
iii	Shelter-in-Place (remaining on-site in a designated building).
iv	Days of Elevated Bushfire Risk (modification of operations on any day with a Fire Danger Rating of High or a day of Total Fire Ban in the Central Fire District or State).
(b)	 Review of the BEP
•		Outline that the plan must be reviewed and updated annually prior to the commencement of the declared Fire Danger Period.
•	Include a Version Control Table.
(c)	Roles & Responsibilities
•	Detail the staff responsibilities for implementing the emergency procedures in the event of a bushfire. This must include assigning responsibility for the:
•	Management and oversight of emergency procedures.
•	Training of employees in emergency procedures.
•	Accounting for all persons during the emergency procedures.
(d)	Emergency contact details
•	Outline organisation/position/contact details for emergency services personnel.
(e)	Bushfire monitoring procedures
•	Details the use of radio, internet and social networks that will assist in monitoring potential threats during the bushfire danger period.
•	Describe and show (include a map) the area to be monitored for potential bushfire activity (i.e. within 30 km of the site).
•	Detail how threats will be monitored or relayed to groups while on trail rides (or similar).
(f)	Action Statements – trigger points for action
i		Prior to the Fire Danger Period
•	Describe on-site training sessions and fire equipment checks.
•	Identify maintenance of bushfire mitigation measures such as vegetation management (including implementation of mitigation measures required by any endorsed Bushfire Management Plan).
ii	Closure of premise during forecast FDR days (i.e. Extreme and Code Red) at a minimum.
•	Outline guest notification procedures and details of premises closure (including timing of closure).
iii	Evacuation
•	Identify triggers for evacuation from site. For example, when evacuation is recommended by emergency services.
•	Details of the location/s of the offsite emergency assembly location.
•	Management of horses.
•	Transport arrangements for staff and guests including details such as:
•	Number of vehicles (including floats / trucks) required.
•	Name of company providing transportation.
•	Contact phone number for transport company.
•	Time required before appropriate transportation is likely to be available.
•	Estimated travelling time to destination.
•	Actions after the bushfire emergency event.
iv		Shelter-in-Place
•	Show the location and describe the type of shelter-in-place.
•	Triggers for commencing the shelter-in-place option.
•	Procedures for emergency assembly in the shelter-in-place building.
v		Days of Elevated Bushfire Risk (i.e. FDR of Severe or a day of Total Fire Ban in the Central Fire District or State)
•	Detail modified operations for days of elevated bushfire risk, e.g. shorter trail rides or modified routes.
Lighting Management Plan 
21	Before the development is completed, a Lighting Management Plan for the site must be prepared to the satisfaction of the Responsible Authority and must be submitted to and approved by the Responsible Authority. Once approved, the plan must be endorsed and will then form part of the permit. The Lighting Management Plan (including measures to manage light spill and prevent lighting impacts on the environment) must meet Australian Standard 4282 Control of the Obtrusive Effects of Outdoor Lighting and must address and ensure minimal disturbance to both adjoining land and the natural environment. It must detail hours when all the outdoor lighting is to be used and limiting this wayfaring.
22	All external lighting provided on the site must be baffled so that no nuisance is caused to adjoining properties to the satisfaction of the Responsible Authority.
23	This permit will expire if: 
(a)	The development is not started within two years of the date of this permit; or 
(b)	The development is not completed within four years of the date of this permit; or 
(c)	The use does not start within two years of the completion of the development; or 
(d)	The use is discontinued for a period of two years. 
24	The responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of expiry of permit of the commencement date.  
25	An extension of time to complete the development or a stage of the development may be requested if:  
•	The request for an extension of time is made within 12 months after the permit expires; and 
•	The development or stage started lawfully before the permit expired.  

– End of conditions –