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Planning Permit WH/2016/259, issued on 29/04/2016 by Aileen Lam (Whitehorse City Council).

SPEAR Ref: S083304J

City of Whitehorse
Permit Number: WH/2016/259
PLANNING PERMIT Planning Scheme: Whitehorse
Responsible Authority: City of Whitehorse

ADDRESS OF THE LAND:

15 Farleigh Avenue, BURWOOD (LOT 41 LP 8310 51A)

THE PERMIT ALLOWS:

4 lot subdivision, generally in accordance with the endorsed plans and subject to the following
conditions.

THE FOLLOWING CONDITIONS APPLY TO THIS PERMIT:

1. This permit shall have no force or effect until two (2) copies of the plans has been submitted
to and approved by the Responsible Authority. These plans shall be generally in accordance
with the plans submitted with the application, but modified to show:

a) Removal of all indicative building lines.

Once approved these plans become the endorsed plans of this permit.

2. The layout and location of the lots as shown on the endorsed plan of subdivision shall not be
altered or modified without the written consent of the Responsible Authority.

3. Prior to certification of the Plan of Subdivision the owner of the land shall enter into a Section
173 agreement with the Responsible Authority which covenants that:

a) the land will be developed in accordance with the plans and conditions of the
development permit WH/2013/938.

b) all costs associated with the preparation and registration of the agreement shall be
borne by the owner.
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Should a Section 173 Agreement be entered into for the development of this site, all
construction works, tree retention and drainage works will be covered by the Agreement. This
requirement will only be necessary if separate titles are required prior to completion of the
development.

4. Prior to Statement of Compliance the applicant or owner shall pay the Council an amount
equal to 4 per cent of the site value of all the land in the subdivision, pursuant to the
Schedule to Clause 52.01 of the Whitehorse Planning Scheme. The amount shall be paid in
accordance with Section 18 of the Subdivision Act and is valued and may be varied in
accordance with Section 19 of the Subdivision Act.

29 April 2016
Date Issued Signature for Responsible Authority
Planning and Environment Act 1987 Form 4
Planning Permit WH/2016/259, issued on 29/04/2016 by Aileen Lam (Whitehorse City Council). SPEAR Ref: S083304J

PAGE 2 OF 5 OF WH/2016/259

5. The applicant owner shall be responsible to meet all costs associated with reinstatement
and/or alterations to Council or other Public Authority assets deemed necessary by such
Authorities as a result of the development. The Applicant/Owner shall be responsible to
obtain an Asset Protection Permit from Council at least 7 days prior to the commencement
of any works on the land and obtain prior specific written approval for any works involving the
alteration of Council or other Public Authority Assets.

6. Conditions Required by United Energy (Ref: S-2016-00694)

a) The applicant must enter into an agreement with United Energy for an underground
supply of electricity to each lot shown on the endorsed plan.

7. Conditions Required by Yarra Valley Water (Ref: 197076)

a) The owner of the subject land must enter into an agreement with Yarra Valley Water
for the provision of water services.

b) The owner of the land must enter into an agreement with Yarra Valley Water for the
provision of sewerage services.

8. Conditions Required by Melbourne Water (Ref: 271984)

a) Pollution and sediment laden runoff shall not be discharged directly or indirectly into
Melbourne Water's drains or waterways.

b) Prior to certification, the Plan of Subdivision must be referred to Melbourne Water, in


accordance with Section 8 of the Subdivision Act 1988.

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

A telecommunications network or service provider for the provision of


telecommunication services to each lot shown on the endorsed plan in accordance
with the providers requirements and relevant legislation at the time; and

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

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

A telecommunications network or service provider for the provision of


telecommunication services in accordance with the providers requirements and
relevant legislation at the time; and

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

10. Prior to the issue of a Statement of Compliance, any existing structure located on the
proposed new lot or common property shall be demolished and removed from the land to the
satisfaction of the Responsible Authority.

29 April 2016
Date Issued Signature for Responsible Authority
Planning and Environment Act 1987 Form 4
Planning Permit WH/2016/259, issued on 29/04/2016 by Aileen Lam (Whitehorse City Council). SPEAR Ref: S083304J

PAGE 3 OF 5 OF WH/2016/259

11. Prior to the issue of a Statement of Compliance, all works associated with conditions of the
development permit WH/2013/938 shall be completed to the satisfaction of the Responsible
Authority.

12. Prior to the issue of a Statement of Compliance, the common property driveway access shall
be constructed to the satisfaction of the Responsible Authority. This condition is not
applicable if the applicant enters into a Section 173 Agreement linking the subdivision to the
development as required by Condition 3 of this permit.

13. Prior to the issue of a Statement of Compliance, vehicle crossings to service all lots shall be
constructed to the satisfaction of the Responsible Authority. This condition is not applicable if
the applicant enters into a Section 173 Agreement linking the subdivision to the development
as required by Condition 3 of this permit.

14. Prior to the issue of the Statement of Compliance, all drainage works necessary to serve the
land within the proposed subdivision and any other lands within the catchment of the subject
land as determined by the Responsible Authority, shall be carried out in accordance with
plans and specifications approved by the Responsible Authority in accordance with the
provisions of Part 3 of the Subdivision Act 1988. This condition is not applicable if the
applicant enters into a Section 173 Agreement linking the subdivision to the development as
required by Condition 3 of this permit.

15. Prior to the commencement of any works on the subject land detailed plans and
specifications of proposed stormwater drains, roadworks and paved areas shall be submitted
and approved by the Responsible Authority in accordance with the provisions of Part 3 of the
Subdivision Act 1988. These plans must show existing and proposed works including
surface and underground drainage, pavement and footpath details, concrete kerbs and
channels and outfall drainage.

16. Prior to the issue of a Statement of Compliance the applicant shall pay to the Council an
amount of money equal to 0.75% of the estimated cost of the engineering works plus 2.5%
of the actual cost of the engineering works for checking of plans and specifications and for
on-site supervision of the engineering works respectively in accordance with Clause 8 and 9
of the Subdivision (Permit and Certification Fees) Regulations 1989.

17. Prior to the issue of a Statement of Compliance the applicant shall give to the Council an
amount equal to 5% of the actual cost of the engineering works as cash security or bank
guarantee in lieu of cash to cover the three month maintenance period and enter into a
maintenance agreement so that in the event of any maintenance works not being completed
by the due date the Council may proceed with the works and deduct the cost from the
security lodged.
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18. This permit will expire if one of the following circumstances applies:

a) The plan of subdivision is not certified within two years of the date of this permit;
or,

b) The plan of subdivision is not registered at Land Registration Services within five
years of certification.

If a plan of subdivision is not certified within two years, the responsible authority may extend
the time for certification if a request is made in writing prior to expiry of the permit or within 6
months afterwards.

29 April 2016
Date Issued Signature for Responsible Authority
Planning and Environment Act 1987 Form 4
Planning Permit WH/2016/259, issued on 29/04/2016 by Aileen Lam (Whitehorse City Council). SPEAR Ref: S083304J

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Permit Notes:

These notes are for information only and do not constitute part of this permit or conditions of this
permit.

Development of the site to accord with development permit (Planning Permit No.
WH/2013/938) which allows the development of two or more dwellings on a lot (four
dwellings)
A compliance inspection (compliance with the Development Permit) can be arranged by
contacting the Planning Department on 9262 6588 or 9262 6587.
The Building Regulations (2006) have not been considered as part of this application. It is
the responsibility of the owner to ensure the Building Regulations (and any fire rating
requirements) is considered for this proposal. Please liaise with your Relevant Building
Surveyor for all Fire Rating and Subdivision matters and as further required by Regulation
503 of the Building Regulations (2006).
PLEASE NOTE: It is recommended the development be reviewed by your relevant
Building Surveyor to ensure Fire Rating compliance can be achieved as per these
requirements.
Drainage works are public works as defined in the Subdivision Act 1988.
For engineering (public works) clearance please contact Councils Civil Works Inspector on
9262 6177. Drainage Plans must be lodged with and approved by Councils Drainage
Engineer.
Prior to construction of new vehicle crossovers, road opening permit and inspection should
be arranged with the Council Engineering Department.
Condition 4 Public Open Space Contribution has been derived from the Schedule to
Clause 52.01 of the Whitehorse Planning Scheme and payment of the contribution is
required by Section 18 of the Subdivision Act. Valuations are made and may be varied in
accordance with Section 19 of the Subdivision Act. Valuations are valid for 12 months.
After this time a re-valuation will be applicable.
Melbourne Water For further information in relation to Melbourne Water Conditions
contact Melbourne Water on 9679 7517 quoting Melbourne Water reference: 271984.
This document was printed from SPEAR on: 11/05/2016 10:07 am.
Planning Permit WH/2016/259, issued on 29/04/2016 by Aileen Lam (Whitehorse City Council). SPEAR Ref: S083304J

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Form 4
IMPORTANT INFORMATION ABOUT THIS NOTICE

WHAT HAS BEEN DECIDED?

The Responsible Authority has issued a permit.


(Note: This is not a permit granted under Division 5 or 6 of Part 4 of the Planning and Environment Act 1987.)

CAN THE RESPONSIBLE AUTHORITY AMEND THIS PERMIT?

The Responsible Authority may amend this permit under Division 1A of Part 4 of the Planning and Environment Act 1987.

WHEN DOES A PERMIT BEGIN?

A permit operates:

from the date specified in the permit, or


if no date is specified, from:
o the date of the decision of the Victorian Civil and Administrative Tribunal, if the permit was issued at the direction of
the Tribunal, or
o the date on which it was issued, in any other case.

WHEN DOES A PERMIT EXPIRE?

A permit for 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
the plan is not certified within two years of the issue of the permit, unless the permit contains a different provision; or
the development or any stage 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.

A permit for the use of the land expires if

the use does not start 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 is discontinued for a period of two years.

A permit for 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 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
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the use is discontinued for a period of two years.

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 a permit contains a different provision

the use or development of any stage is to be taken to have started when the plan is certified; or
the permit expires if the plan is not certified within two years of the issue of the permit.

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

WHAT ABOUT REVIEWS?

The person who applied for the permit may appeal against any condition in the permit unless it was granted at the direction of
the Victorian Civil and Administrative Tribunal where, in which case no right of appeal exists.
An application for review must be lodged within 60 days after the permit was issued, unless a Notice of Decision to grant a
permit has been issued previously, in which case the appeal must be lodged within 60 days after the giving of that notice.
An application for review is lodged with the Victorian Civil and Administrative Tribunal.
An application for review must be made on the relevant form which can be obtained from the Victorian Civil and Administrative
Tribunal, and be accompanied by the applicable fee.
An application for review must state the grounds upon which it is based.
A copy of an application for review must also be served on the Responsible Authority.
Details about applications for review and the fees payable can be obtained from the Victorian Civil and Administrative
Tribunal. The address of the Victorian Civil and Administrative Tribunal is 55 King Street, Melbourne. The telephone number
is (03) 9628 9777.

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