Victorian Civil and Administrative Tribunal Act 1998

ORDER UNDER CLAUSE 61 OF SCHEDULE 1 DETERMINING APPLICATION FOR REVIEW P1834/2010

250 POINT NEPEAN ROAD, DROMANA

SCHEDULE TO THE ORDER IN COUNCIL

WHAT THE PERMIT ALLOWS:

Use and develop a Restricted Recreation Facility (life saving club), for signage and associated works, to remove vegetation and to waive car parking requirements, in accordance with the endorsed plans.

PLANNING PERMIT CONDITIONS

1. Before the development starts, plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority and Department of Sustainability and Environment in consultation with the Dromana Foreshore Committee of Management. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with those submitted with the application but amended to show: a. Showers to be located within individual cubicles; b. A landscape plan which must include: i. A survey of all existing vegetation and features; ii. The areas set aside for landscaping; and iii. A schedule of all proposed and/or existing trees, shrubs and ground cover, shrubs including the location and size at maturity of all plants and their botanical names. c. The location of the Bay Trail; d. The location and type of all pedestrian pathways serving and linking the development to the existing pedestrian access network; and e. Landscaping treatment utilising indigenous vegetation, including number and species of plants. / Prior to the commencement of works. 2. Construction Management Plan must be developed by the proponent in consultation with the Mornington Peninsula Shire Council and the Dromana Foreshore Committee of Management. The Construction Management Plan must address the following matters: a. Construction site access. b. Storage of materials. c. Waste management and removal. d. Foreshore visitor and pedestrian management, particularly in regard to the Bay Trail. e. Access to and use of the existing hall during construction works. f. Rehabilitation of any construction related impacts or damage to Crown land and Crown land improvements. g. Hours of operation of all machinery and contractors, including transportation of any fill to or from the site, will be within the following hours: Monday to Friday 7:00 am and 500 pm

Saturday 9am to 4pm other than between 1 December to 31 March Under exceptional circumstances, other times, with the consent of the Responsible Authority following 48 hours prior written advice to surrounding property owners, may be granted. 3. Prior to the commencement of the use, a Construction and Site Management Plan must be developed by the Mornington Peninsula Shire Council in consultation with the Dromana Foreshore Committee of Management. The Site Management Plan must address the following matters: a. The restricting hours of construction, including no works to be carried out on a weekend. b. Maintenance of the approved building. c. Management of litter or other waste generated by the approved building and any associated use of the building. d. Maintenance of all landscaping implemented in association with the approved building. e. Maintenance, repair and strengthening of the Bay Trail in the event damage is caused by vehicle access associated with the use of the approved building.

Use 4. The approved use must not cause any nuisance or annoyance to persons beyond the land because of the emission of noise or otherwise to the satisfaction of the Responsible Authority. 5. The buildings must be used solely for a Restricted Recreation Facility and must not be used for human habitation, workshop, business or the manufacture of a product in which reward is received for services provided. 6. The layout of the land, the size and type of the proposed buildings and works, including the materials of construction, on the endorsed plan must not be altered or modified without the consent of the Responsible Authority 7. All disturbed surfaces on the land resulting from the development must be revegetated and stabilised to the satisfaction of the Responsible Authority. 8. The materials and colour of the exterior finish of the building must be in accordance with the endorsed plans or other approved non-reflective and muted tones unless with the further written permission of the Responsible Authority. 9. Vegetation other than on the land shown for the construction of the development as shown on the endorsed plans must not be felled, lopped, topped, ringbarked or otherwise destroyed or removed except with the consent of the Responsible Authority. 10. The landscaping works as shown on the endorsed landscaping plans must be completed to the satisfaction of the Responsible Authority within 6 months of practical completion of any of the buildings applied for under this permit. 11. All planting must be maintained in a healthy condition to the satisfaction of the Responsible Authority. Any dead or diseased trees or shrubs must be c replaced as soon as possible. 12. Works must not encroach at any stage onto the beach. 13. Building materials and colours must be non-reflective and of colours which are complementary to the natural landscape. 14. Buildings materials must not be stored on foreshore land. 15. Prior to any works being undertaken on the Scout Hall, the crushed rock path is to be relocated to the position shown on the endorsed plan and the existing path is to be reinstated with 75mm of approved loamy type top soil finished true to grade level and sown with grass.

Sign 16. The location and details of signs shown on the endorsed plans must not be altered without the written consent of the Responsible Authority. 17. Advertising signs must not be located on any road reserve. This includes any sign attached to a vehicle where it is being used as an advertising sign. 18. All signs must be designed to a professional standard, constructed and maintained in good condition to the satisfaction of the Responsible Authority. 19. All signs must be located wholly within the boundaries of the land. 20. The location and details of the structure shown on the endorsed plan must not be altered without the written consent of the Responsible Authority. 21. Signs must not contain any flashing light.

Department of Sustainability & Environment 22. The works are to be carried out generally in accordance with the plans titled:  'Proposed Site Plan' Revision A, dated 14/05/10, prepared by David Norman Design and Construction Pty Ltd;  'Elevations' Revision A, dated 14/05/10, prepared by David Norman Design and Construction Pty Ltd; and  'Floor Plans' Revision A, dated 14/05/10, prepared by David Norman Design and Construction Pty Ltd. 23. Any further modification to the works proposed will require further approval by the Manager, Environmental Planning, Public Land Services, DSE. 24. Lighting location and design must be kept to the minimum necessary for safety and security. 25. Signage must be restricted to that shown on the 'Elevations' plan and signage for information and directional purposes only. All other signage will require further written approval of the Manager, Environmental Planning, Public Land Services, DSE. 26. All planting of vegetation within the Crown Land Reserve must utilise indigenous species. 27. At the time of construction the proposed stormwater works must be in accordance with all current best practice guidelines for stormwater (including the CSlRO publication Urban Stormwater: best practice environmental management guidelines). 28. The proposed works must be carried out in accordance with EPA Publication No. 275 Construction Techniques for Sediment Pollution Control (May 1991) and the construction site must be managed in accordance with EPA Publication No. 981 Reducing Stormwater Pollution from Construction Sites (May 2005). 29. Construction equipment, building materials, refuse and site run-off must be contained and controlled and not permitted to impact on the beach or enter the bay. 30. All works must be completed and maintained to the satisfaction of Mornington Peninsula Shire Council. 31. The site must be left in a clean and tidy condition after completion of works to the satisfaction of the Mornington Peninsula Shire Council. 32. This consent will expire if the works are not completed within three years of the date of issue, unless an extension of time is applied for and granted by the Manager, Environmental Planning, Public Land Services, DSE.