RUSSELL K E N N E D Y MEMBER OF THE KENNEDY STRANG LEGAL GROUP . . __-.

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20 March 2008

BY COURIER

Australian Competition and Consumer Commission Level 35, The Tower 360 Elizabeth Street MELBOURNE VIC 3000

Your Ref Our Ref AZC 300725-0001 1

Contact Andrew Caspar Tel61 3 9609 1638 Fax 61 3 9609 6708 acaspar@rk.corn.au

Dear Sir or Madam

One Evelyn Pty Ltd - exclusive dealing notification

We act for One Evelyn Pty Ltd ("Notifier").

1 Exclusive dealing notification

We enclose the following:

1 .I Form G - Exclusive Dealing Notification on behalf of the Notifier, including a description of the Notifier's proposed conduct and the public benefits of that conduct;

1.2 a "non-confidential" version of the Form GI with certain information in respect of which our client is claiming confidentiality (see section 2 below) omitted; and

1.3 a cheque for $100 payable to the Commission, being the lodgement fee.

The notified conduct is in relation to the proposed sale of vacant lots to purchasers by the Notifier at 1 Evelyn Way, St. Helena, Victoria, on the condition that those purchasers also enter into a contract for the supply of residential building services by a builder to be nominated by the Notifier.

2 Request for exclusion of confidential material from the public register

Our client has asked us to request an exercise by the Commission of its discretion under section 95(3) of the Trade Practices Act 1974 to exclude part of the submission from the Commission's public notifications register. The part of the submission in respect of which confidentiality is sought is identified by red underlining in the submission, and is commercial information in relation to the specifications and pricing of the townhouses to be built on the proposed allotments.

For your assistance we also provide a "non-confidential" version of the Form G, with the material in respect of which our client claims confidentiality omitted.

In our client's view the general availability of that information at the present time, particularly to other developers of land in the area, would put our client at a competitive disadvantage in its future marketing and sales activities in relation to the allotments. Specific knowledge by potential competitors as to the form and likely price of product to be offered by our client

%Yd?&bhlWh!PEDY PTY LTD LEVEL 12, 469 LA TROBE STREET, MELBOURNE VIC 3000 PO BOX 5146AA, MELBOURNE VIC 3001 DX 494 MELBOURNE

T. +61 3 9609 1555 F. +61 3 9609 1600 www.rk.com.au ACN 126 792 470 ABN 14 940 129 185

2 Australian Competition and Consumer Commission 20 March 2008

would enable them to concentrate marketing efforts on the same market before the commencement of our client's own sales campaign.

We submit that in the circumstances the identified parts of the submission constitute information which is confidential and commercially valuable to our client and it is an appropriate occasion for the Commission to exercise its discretion to exclude that information from the public register.

We look fotward to your response in relation to the confidentiality submission and the notification in general. Please contact Andrew Caspar on (03) 9609 1638 if you require any further information on any of these matters.

Yours faithfully

~ i d r e w Caspar Special Counsel

AZC 102871 1 v l AZC

RESTRICTION OF PUBLICATION OF PART CLAIMED Confidential information has been omitted from page 5

Regulation 9 FORM G

Commonwealth of Australia

Trade Practices Act 1974 --- subsection 93(1)

EXCLUSIVE DEALING NOTIFICATION

To the Australian Competition and Consumer Commission:

Notice is hereby given, in accordance with subsection 93(1) of the Trade Practices Act 1974, of particulars of conduct or of proposed conduct of a kind referred to in sub-section 47(2), (3), (4), (5), (6) or (7) or paragraph 47 (8) (a), (b) or (c) or (9) (a), (b), (c) or (d) of that Act in which the person giving notice engages or proposes to engage.

1 (a) Name of person giving notice:

(\1q334-3 ONE EVELYN PTY LTD ABN 71 126 712 418 ("Notifier").

(b) Short description of business carried on by that person:

The Notifier is the registered proprietor of land at 1 Evelyn Way, St. Helena, Victoria, which it proposes subdividing and selling for residential purposes.

(c) Address in Australia for service of documents on that person:

cl- Russell Kennedy Solicitors Level 12 469 LaTrobe Street MELBOURNE VIC 3000

Fax (03) 9609 1600 Reference: AZC 300725-0001 1

2 (a) Description of the goods or services in relation to the supply or acquisition of which this notice relates:

This notification relates to proposed offers by the Notifier to sell vacant land to customers.

The allotments to be offered for sale to customers will arise out of the proposed subdivision by the Notifiers of land at 1 Evelyn Way, St. Helena, Victoria ("Land"). As at the date of this notification the Land is Lot 1 on title plan TP854037Y (formerly known as part of Crown Allotment A, Section 12, Parish of Nillumbik) being the whole of the land described in certificate of title volume 7398 folio 587.

The Notifier is the registered proprietor of the whole of the Land as at the date of this notification. The Notifier has applied to the Banyule City Council, as the relevant local planning authority, for planning permission to develop and use the Land for 51 dwellings with associated car parking, landscaping and removal of an area of native vegetation. Planning Permit P97412005 was issued on 18 December 2006 and amended on 22 August 2007. A copy as amended forms Annexure A to this

notification.

The Notifier now intends to proceed with registration of the plan of subdivision with the Titles Office and to offer the resultant 51 allotments for sale to the public in the manner outlined in this notification.

Description of the conduct or proposed conduct:

1 The Notifier proposes that offers to sell allotments arising from the subdivision of the Land will be made conditional upon the purchaser of an allotment also entering into a contract for the supply of building services by a builder to be nominated by the Notifier ("Builder"). The Notifier is, as at the date of this Notification, engaged in the selection of a licensed and registered builder with the skills, qualifications and experience necessary and appropriate for the construction of residential premises on the Land.

2 The home and land packages will involve customers entering into the following agreements concurrently:

2.1 a contract note with the Notifier for the sale and purchase of an allotment upon which the residential improvements will be constructed, which is expressed to be conditional upon the purchaser entering into a separate building contract for the construction of residential improvements on the allotment with the Builder ("Land Contract"); and

2.2 a building contract for the construction of the residential improvements on the allotment with the Builder, pursuant to the condition in the Land Contract with the Notifier ("Building Contract").

The residential improvements to be constructed pursuant to the Building Contract will be in accordance with the Planning Permit described in paragraph 2(a) above, as varied.

3 The Land Contract to be used for these arrangements will be in the standard or typical form used for the sale of allotments for residential purposes in Victoria, subject to any special conditions required by the Notifier from time to time. One such special condition will be used to give effect to the arrangements with the Builder and will typically be worded as follows:

" This contract is subject to and conditional upon the purchaser entering into a major domestic building contracf (within the meaning of the Domestic Building Contracts Act 1995) with [Builder's name] for construction of a [description] dwelling on the property

The vendor must provide the purchaser with a fixed-price HIA building contracf between the purchaser and the vendor's nominated builder within 4 months of the date of this contract for a total amount of no more than $[price]. The building contracf will be substantially in the form of the attached HIA contract. The purchaser must sign and return the contracf to or as directed by the vendor no later than 7 days after the purchaser receims it."

The precise terms of the proposed standard Building Contract will be determined following the Notifier's selection of a Builder.

AZC 1002550~5 AZC

4 While it is not admitted by the Notifiers, there is a possibility that the proposed conduct would contravene sections 47(6) and/or 47(7) of the Trade Practices Acf 1974 ("Act").

Reasons why the benefit to the public from the conduct or proposed conduct will outweigh any detriment to the public from the conduct or proposed conduct

1 The proposed conduct will be carried out for the following reasons:

the proposed configuration of the Land when subdivided does not accommodate the selection of different builders by purchasers of individual allotments or the construction of residential improvements on those allotments in an uncoordinated manner. The requirement for construction to occur concurrently and in a co-ordinated manner on both sides of all common boundaries within the proposed subdivision of the Land means that it not possible (in practical or financial terms) for separate builders to proceed with construction on individual allotments on an ad-hoc basis; and

the combined price of the Land and the building services to be offered by the Notifier and the Builder to purchasers of the Land is expected to be lower than in circumstances where a prospective customer might be seeking to make independent arrangements for the purchase of an equivalent block of vacant land and the engagement of a builder to construct equivalent improvements, primarily because of the economies of scale involved in acquiring building materials and services in bulk.

2 The proposed conduct by the Notifier benefits the public because:

2.1 it is the most reasonable and effective way (and in the Notifier's view, the only practical way) of:

2.1.1 subdividing the Land into allotments and offering those allotments for sale to the public in a way which is financially feasible for the Notifier; and

2.1.2 at the same time, enabling the purchasers of the allotments an assured way of practically carrying out the construction of residential improvements on the allotments;

2.2 it will enable purchasers to obtain house and land packages for sale at prices that the Notifier considers will be lower than where a purchaser makes independent arrangements for the purchase of an equivalent block of vacant land and the engagement of a builder to perform equivalent building services. More affordable house and land packages are of very high significance and value to consumers; and

2.3 the purchaser of a house and land as a "package" is in a stronger borrowing position with financiers than would be the same purchaser proposing to finance the purchase of a vacant allotment alone.

3 Incidental benefits will also flow to purchasers of allotments from the construction of multiple dwellings on the Land by a single Builder:

AZC 1002550~5 AZC

3.1 co-ordinated progress and completion of the construction works will be possible;

3.2 the ongoing existence of vacant unimproved allotments side-by-side with completed dwellings will be avoided, minimising the potential detrimental affect of vacant lots on the value of adjoining lots; and

3.3 construction materials and external appearance of dwellings can more easily be made consistent, avoiding variations in appearance which may detrimentally affect the aesthetics of the development and the value of the allotments.

4 The pricing of the proposed house and land packages will be based upon estimates of site preparation and construction costs. The offering of house and land packages by the Notifier in conjunction with the Builder will permit the pricing of the house and land packages at more competitive levels. It is expected that the following cost and time savings will arise as a result of the Notifier offering house and land packages in conjunction with the Builder:

4.1 the Notifier has selected, acquired and planned the subdivision of the Land with the purpose of ensuring that it is suitable for:

4.1.1 the purpose of offering house and land packages; and

4.1.2 the construction of particular kinds of residential improvements.

Individual purchasers will therefore avoid the costs and time involved in selecting designs and configurations of homes which are suitable for their particular allotment;

4.2 the Notifier is able to offer house and land packages on the basis that it knows that the Builder and its sub-contractors will be available to perform the construction works. Since the Builder and its sub- contractors will concurrently work on many homes on the Land the costs of their tools, equipment and travel time, which are ultimately passed on to the customer, will be reduced;

4.3 the co-ordinated construction of many homes at the same time will in other respects result in a more cost-efficient and quicker construction phase, since individual builders will not be in competition for access to the site for deliveries or work, for materials or for statutory approvals or permits; and

4.4 a single selling agent to sell the house and land packages on behalf of the Notifier and the Builder will be engaged, and in other respects the resources of the Notifier will be applied to both the sale of the allotments and the building services. This arrangement will be more efficient and less costly than would be the case if the land and building services were offered separately by non-associated parties with separate administrative costs.

5 These time and cost savings will be largely passed on to consumers to enable the house and land packages to be sold at a price that the Notifier considers will be lower than where a purchaser chooses to make independent arrangements for the purchase of an equivalent block of vacant land and

AZC 1002550~5 AZC

engagement of a builder to construct equivalent improvements. (Although in the circumstances, it would not be feasible for a purchaser to make such independent arrangements in relation to the proposed subdivision of the Land, for the reasons set out in paragraph 1 . I above).

6 These time and cost savings will be reflected in lower prices for house and land packages when compared to the price of acquiring equivalent land and construction of equivalent improvements in areas adjacent to or in the vicinity of the Land.

In this regard, the Notifier has reviewed the market for town houses and houses in St. Helena and immediately adjacent areas (including Eltham, Greensborough, Diamond Creek and Plenty) from January 2007 through to October 2007. The Notifier has examined actual sales and the advertised asking prices for properties on the market.

On the basis of information available to the Notifier, the range of prices asked or achieved for town houses and houses in the relevant areas is from $400,000 to $600,000. In the Notifier's view, the "typical" town house or house in the relevant areas is priced at $530,000.

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The ability of purchasers to achieve this cost saving (and for the Notifier to provide it) is due to the use of a single Builder and the resultant economies of scale and the time and cost savings outlined above.

7 The arrangements will not result in anti-competitive detriment to the public. There are a number of other large and vigorous competitors for the supply of house and land packages, and the supply of vacant land and residential building services, in metropolitan Melbourne. The Notifier and the Builder have neither significant share of the relevant markets, the power to set the prices for their goods or services nor any of the other indicia of market power. The proposed arrangements between them in relation to the Land and the building services will not give rise to any such market power. In the absence of such market power, and of any increase in the market power by reason of the proposed arrangements, there is no detriment to competition under the tests enunciated in Re Queensland Co-operative Milling Association Ltd; re Defiance Holdings Ltd (1976) 8 ALR 481 and subsequent decisions.

3 (a) Class or classes of persons to which the conduct relates:

1 The Builder and other persons in the business of providing building services for the construction of residential premises, including in conjunction with offers of house and land packages, in metropolitan Melbourne.

AZC 1002550~5 AZC

2 Customers seeking to purchase vacant land for residential purposes, and engage builders to construct residential premises, including house and land packages, in metropolitan Melbourne.

(b) Number of those persons:

(i) At present time:

1 The number of builders with whom the Notifier proposes to offer house and land packages will be 1 - namely, the Builder selected by the Notifier for that purpose.

2 None.

(ii) Estimated within the next year:

1 It is anticipated that the Notifier will continue to offer house and land packages with at least one builder. The figure may however vary from time to time depending on builder availability and suitability.

2 The Notifier's offers of house and land packages will be available to all customers seeking to purchase house and land packages within metropolitan Melbourne.

The Notifier estimates that the current number of customers who seek new residential house and land packages is approximately 2,736 per year in metropolitan Melbourne. This estimate is based on research information provided by the Real Estate Institute of Victoria (REIV).

The Notifier estimates that they will sell approximately 51 house and land packages under the proposed arrangements in its proposed development within the next 12 months. The highest number of persons with whom the Notifier (through its agent) are likely to deal in the course of engaging in the proposed conduct at any time during the next year is 150 genuine enquiries. This estimate is based upon information provided to the Notifier by its sales and marketing agent as to the typical number of enquiries which are responded to when developments of a similar kind to the proposed development are marketed in the present market climate.

(c) Where number of persons stated in item 3 (b)(i) is less than 50, their names and addresses:

Not known at this time.

AZC 1002550~5 AZC

Name and address of person authorised by the person giving this notice to provide additional information in relation to this notice:

Andrew Caspar Russell Kennedy Solicitors Level 12 469 LaTrobe Street MELBOURNE VIC 3000

Phone (03) 9609 1638 Fax (03) 9609 6708

Dated 20 March 2008

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I n " .

Signed on behalf of the applicant giving notice:

.. / .- ............ (Signature)

ANDREW ............... CASPAR ....................................................... .- ............................ -...

(FUII Name)

Solicitor for the Notifiers ............................ .- .......................................................................... (Description)

AZC 1002550~5 AZC

ANNEXURE A

Planning Permit P97412005

(Refer to 8 pages following)

AZC 1002550~5 AZC

PLANNING PERMIT Planning and Environment Regulations 1988 Form 4

P97412005

PLANNING SCHEME: BANYULE

RESPONSIBLE AUTHORITY: BANYULE CITY COUNCIL

ADDRESS OF THE LAND:

1 Evelyn Way ST HELENA

THE PERMIT ALLOWS:

The development and use of the 2.4 ha land parcel already zoned Residential 1 within an established residential area, for 51 dwellings with associated car parking, landscaping, and removal of an area of native vegetation in accordance with the endorsed plans.

THE FOLLOWING CONDITIONS APPLY TO THIS PERMIT:

Amended Plans Required (useldevelopment)

1. Before the use and/or development permitted by this permit starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans prepared by Rothe Lowman Architects TPO.01 - TP3.32 dated 19 October 2006 Rev K but modified to show:

(a) a splay of the Parkland Link to the "Moorside Rise" Reserve sufficient to include trees 2 and 3 as shown on the endorsed plans as part of the link, generally as shown on the CDA Design landscape plan VCAT - LOIA dated October 2006.

(b) dwelling types C1-p and C1-f must provide for at least 4.5m setback between the garage door and the front boundary.

No Layout Alteration

2. The development as shown on the endorsed plans or described in the endorsed documents must not be altered or modified except with the written consent of the Responsible Authority.

Landscaping

Landscaping Plan

3. The development permitted by this permit must not be commenced until a satisfactory detailed landscaping plan generally in accordance with the CDA Design Plans VCAT LO-1 - LO5 dated August 2006 as amended by LOIA and L02A dated October 2006 is submitted to and approved by the Responsible Authority. Such plan must be prepared by a person suitably qualified or experienced in landscape design and shall include:

DATE ISSUED: 18 December 2006 DATE AMENDED: 22 August 2007

SIGNATURE FOR RESPONSIBLE AUTHORITY: Note: Under Part 4, Division 1A of the Planning and Environment Act 1987, a permit may be amended. Please check with the responsible authority that this permit is the current permit and can be acted upon.

07944

PLANNING PERMIT: P97412005

(a) the identification of existing vegetation (which is not intended to be removed), and nomination of vegetation for removal throughout the site;

(b) provision of an acceptable number of large canopy trees within the open space of the dwellings and public areas;

(c) an indigenous planting theme;

(d) a schedule of all proposed trees, shrubs and ground cover, which includes the location and size at maturity of all plants, the botanical names of such plants and the location of all areas to be covered by grass, lawn or other surface material as specified;

(e) location and details of paving, steps, retaining walls, fence design details and other landscape works including cut and fill.

Offset plan (Net Gain)

4. The development permitted by this permit must not be commenced until Offset Plans are submitted to and approved by the Responsible Authority. The plans must be drawn to scale with dimensions (where appropriate), three copies must be provided and must show the following:

(a) Appropriate offsets to compensate for the loss of habitat;

(b) Include details of:

(i) Means of calculating the offsets (ii) Locations where offsets will be provided (iii) Type of offsets to be provided for each location (iv) Details of revegetation including the number of trees, shrubs and other plants, species

mix and density (v) Means of interim protection for the offsets (vi) Methods of permanent protection for the offsets (vii) Persons responsible for implementing and monitoring the offset plans (viii) Time frames for implementing the offset plans (ix) Details of any earthworks, drainage and other works

(c) The plans may include:

(i) A requirement for the owner to enter into a section 173 agreement in respect of specified land

(ii) A requirement for the owner to enter a binding agreement with a specified person in order to implement aspects of the offset plan

(iii) A requirement for the owner to provide a bond as security for completion of any part of the offset plan.

(d) When approved, offset plans must be implemented within 12 months of the commencement of works associated with the subdivision unless otherwise specified in the offset plans. Maintenance and replanting of vegetation is to be undertaken if necessary until all the requisite numbers of plants are effectively established and have survived for at least 3 years.

Tree Protection Zone

5. Unless otherwise agreed in writing by the Responsible Authority, prior to the commencement of works (including demolition) on the site Tree Preservation Zones must be established around all trees to be retained on the site. The Tree Preservation Zones must be installed and maintained to the satisfaction of the Responsible Authority, and meet the following requirements:

... I3

DATE ISSUED: 18 December 2006

DATE AMENDED: 22 August 2007

SIGNATURE FOR RESPONSIBLE AUTHORITY: Note: Under Part 4, Division 1A of the Planning and Environment Act 1987, a permit may be amended. Please check with the responsible authority that this permit is the current permit and can be acted upon.

07944

PLANNING PERMIT: P97412005

(a) Extent

Tree Preservation Zones are to be provided to the extent of the canopy of the trees indicated as being retained on the endorsed plan.

(b) Weed Control Any weeds located within the Tree Preservation Zone are to be removed and the area mulched with 100mm of composted coarse grade woodchips.

(c) Fencing

(i) Vegetation Preservation fences with a minimum height of 1.2 to 1.5 metres and of chain mesh or like fence with 1.8 metre posts (e.g. treated pine) or like support every 3-4 metres and a top line of high visibility plastic hazard tape must be erected around the perimeter of the zone.

(ii) The posts must be strong enough to sustain knocks from on site excavation equipment.

(iii) The fences must not be removed or relocated without the prior consent of the Responsible Authority.

(d) Signage

Fixed signs are to be provided on all visible sides of the Tree Preservation Fencing, stating "Tree Preservation Zone - No entry without permission from the City of Banyule".

(e) Irrigation

The area must be irrigated during the summer months with 1 litre of clean water for every 1 cm of trunk girth measured at the soilltrunk interface on a weekly basis.

(f) Access to Tree Preservation Zone

(i) No persons, vehicles or machinery are to enter the Vegetation Protection Zone except with the consent of the Responsible Authority;

(ii) No fuel, oil dumps or chemicals are allowed to be used or stored within the Vegetation Preservation Zone and the servicing and re-fuelling of equipment and vehicles must be carried out away from the root zones;

(iii) No storage of material, equipment or temporary building is to take place within the Vegetation Preservation Zone;

(iv) Nothing whatsoever, including temporary services wires, nails, screws or any other fixing device, is to be attached to any tree.

General

Works Prior to Commencement

6. The development permitted by this permit must not be commenced until:-

(a) the tree protection measures required by Condition 5 are installed to the satisfaction of the Responsible Authority.

The development permitted by this permit must not be occupied until:-

(a) the garden and landscape area(s) shown on the endorsed plan(s) have been planted to the requirements and satisfaction of the Responsible Authority;

... 14

DATE ISSUED: 18 December 2006 DATE AMENDED: 22 Au~ust 2007

SIGNATURE FOR RESPONSIBLE AUTHORITY: Note: Under Part 4, Division 1A of the Planning and Environment Act 1987, a permit may be amended. Please check with the responsible authority that this permit is the current permit and can be acted upon.

07944

PLANNING PERMIT: P97412005

(b) drainage works have been undertaken and completed to the requirements and satisfaction of the Responsible Authority;

(c) the dwellings are numbered in accordance with Council's allocation of street numbers;

(d) on the assumption that the Responsible Authority does not agree that ownership of the following parts of the site is to vest in Council upon subdivision of the land, the Responsible Authority must be satisfied that arrangements are in place to ensure the ongoing care and maintenance of the road network and road reserves within the site and vegetation shown on the landscape plan within the retained vegetation area adjacent to the southern boundary.

7. Prior to the commencement of any building and works, the applicant must provide to the Responsible Authority:

(a) a Certificate of Environmental Audit in accordance with Section S37 of the Environment Protection Act 1970; or

(b) a Statement of Environmental Audit under Section 32 of the Environment Protection Act 1970. A Statement must state that the site is suitable for the use and development allowed under this permit.

Where a Statement of Environmental Audit is issued for the Land, and any condition of that Statement requires any maintenance or monitoring of an ongoing nature, the owner must enter into an Agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987. Where a Section 173 Agreement is required, the Agreement must be executed and registered prior to the commencement of development. All expenses involved in the drafting, negotiating, lodging, registering and execution of the Agreement, including those incurred by the Responsible Authority, are to be met by the owner.

Baffled Lighting

8. Outdoor lighting must be designed, baffled and located to the satisfaction of the Responsible Authority such that no direct light is emitted outside the boundaries of the subject land.

Urban DesignlExternal Appearance

External Finishes

9. All external materials, finishes and paint colours are to be to the satisfaction of the Responsible Authority.

Colour of Cladding

10. All external cladding and roofing of the buildings hereby permitted must be of a non-reflective nature and must be coloured or painted in muted shades of green or brown or in colours satisfactory to the Responsible Authority.

Car ParkinglAccess

Road Construction

11. A satisfactory detailed roadworks and drainage plan including detailed specifications must be submitted to and approved by the Responsible Authority for the section of road between the subject site and the intersection with Tamboon Drive. Such plan must include:

DATE ISSUED: 18 December 2006 DATE AMENDED: 22 August 2007

SIGNATURE FOR RESPONSIBLE AUTHORITY: Note: Under Part 4, Division 1A of the Planning and Environment Act 1987, a permit may be amended. Please check with the responsible authority that this permit is the current permit and can be acted upon.

07944

PLANNING PERMIT: P97412005

(a) Fully sealed pavement with kerb and channel and vehicular crossings for each allotment where appropriate. Unless otherwise agreed with the Responsible Authority, road pavements must be a minimum of 6 metres between kerb inverts. Minimum pavement depth is to be 260mm and must take into account subgrade conditions and may be subject to subgrade improvements;

(b) Footpaths and/or pedestrianlbicycle paths. Footpaths of 1.5 metres in width are to be provided on both sides of the road.

(c) Kerb and channel with the use of 600mm wide SM2 Rollover kerb; (d) Surface and underground drains;

(e) The location of street trees;

(f) two verge side parking spaces

The details of the roadworks and drainage plan may be varied with the consent of the Responsible Authority.

Sealed ParkinglAccess

12. Areas set aside for the parking of vehicles together with the aisles and access lanes must be properly formed to such levels that they can be utilised in accordance with the endorsed plans and must be drained and provided with an all weather seal coat. The areas must be constructed, drained and maintained in a continuously useable condition to the satisfaction of the Responsible Authority.

Use of Parking Areas

13. Areas set aside for the parking and movement of vehicles as shown on the endorsed plan(s) must be made available for such use and must not be used for any other purpose.

Parking Spaces Clearlv Indicated

14. The boundaries of all car spaces, access and egress lanes and the direction in which vehicles should proceed along the access lanes must at all times be clearly indicated on the ground to the satisfaction of the Responsible Authority.

Fence and Landscape Protection

15. In areas set aside for parking, kerbs or barriers or other means of protection must be installed to the satisfaction of the Responsible Authority so as to prevent damage by vehicles to the fences of adjoining properties or landscape areas.

Vehicle Crossings

16. Vehicular access or egress to the dwellings on the subject land from any roadway or service lane must be by way of a vehicle crossing constructed in accordance with Council's Vehicle Crossing Specifications to suit the proposed driveway(s) and the vehicles that will use the crossing(s). The location, design and construction of the vehicle crossing(s) must be approved by the Responsible Authority. Any existing unused crossing(s) must be removed and replaced with concrete kerb, channel and naturestrip to the satisfaction of the Council prior to occupation of the building. All vehicle crossing works are to be carried out with Council Supervision under a Memorandum of Consent for Works which must be obtained prior to commencement of works.

DATE ISSUED: 18 December 2006 DATE AMENDED: 22 August 2007

SIGNATURE FOR RESPONSIBLE AUTHORITY: Note: Under Part 4, Division 1A of the Planning and Environment Act 1987, a permit may be amended. Please check with the responsible authority that this permit is the current permit and can be acted upon.

07944

PLANNING PERMIT: P974/2005

Drainage

No Polluted Drainage

17. Effluent or polluted drainage must not be allowed to discharge beyond the boundaries of the subject land onto other land or any street or road or directly or indirectly into any watercourse.

18. Prior to the commencement of development, engineering plans must be prepared to the reasonable satisfaction of the Responsible Authority showing a properly prepared design with computations for:

(i) The internal drainage and method of disposal of stormwater from all roofed areas and sealed areas including the use of an on-site detention system; and

(ii) The drainage works necessary to connect the subject land to the Council nominated point of discharge.

Expiry - Development

19. In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies:

The development is not commenced within two years of the date of this permit; or

The development is not completed within four years of the date of this permit.

In accordance with section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires, or within three months afterwards.

NOTES

A. Expiry of Permit

In the event that this permit expires or the subject land is proposed to be used or developed for purposes different from those for which this permit is granted, there is no guarantee that a new permit will be granted. If a permit is granted then the permit conditions may vary from those included on this permit having regard to changes that might occur to circumstances, planning scheme provisions or policy.

B. Additional approvals required

A Building Permit must be obtained prior to the commencement of any works associated with the proposed development.

C. Building over Easements

No structure shall be built over any easement on the subject land except with the consent of the relevant Responsible Authority.

D. Access to Council Reserve

No permission can be granted either temporary or otherwise by Council andlor its employees with respect to access to the adjacent Council owned land (including the road reserve) for any purposes relating to the proposal (eg. parking of surplus vehicles, delivery of materials etc.), without application being made for the requisite permit (ie. Local Law Permit).

DATE ISSUED: 18 December 2006

DATE AMENDED: 22 August 2007

SIGNATURE FOR RESPONSIBLE AUTHORITY: Note: Under Part 4, Division 1A of the Planning and Environment Act 1987, a permit may be amended. Please check with the responsible authority that this permit is the current permit and can be acted upon.

07944

PLANNING PERMIT: P97412005

E. Tree Protection Zones

Requests for the consent or approval of tree protection measures pursuant to Condition 5 should be directed to Council's Arborist - Development Planning on 9457 9878. Consent for the conduct of works within the Tree Protection Zone, where granted, may be subject to conditions. Such conditions may include a requirement that:

Any underground service installations within the Tree Protection Zone be bored to a depth of 1.5 metres; All root excavation be carried out by hand digging or with the use of 'Air-Excavation' techniques; Roots required to be cut are to be severed by saw cutting and undertaken by a qualified arborist.

Or other conditions, as relevant, to ensure the ongoing health and stability of the subject treels.

F. Completion of Development

Immediately upon completion of the development permitted by this permit, the owner or developer of the subject land must notify Council's Development Planning Section that the development is complete and complies with all requirements of the permit. The development will be inspected to ensure compliance.

An early inspection process will ensure that the subdivision approvals including the Statement of Compliance can be issued without delay.

G. Hoardings, Traffic Management & Protection of Assets during Construction

Prior to the commencement of any works traffic management (including hoarding for pedestrian access) and shoring plans are to be submitted to and approved by Council. This relates to areas along the boundaries of the property where protection of Council assets and public safety are paramount.

H. Supervision of works undertaken on Council Assets

Council's Construction Department must supervise all works undertaken on Council assets within private property, Council Reserves, easements, drainage reserves andlor road reserves, including connection of the internal drainage system to the existing Council assets. Prior to the commencement of any works, an application must be made and a permit received for:

A "Memorandum of Consent for Works" for any works within the road reserve; andlor

A "Drainage Connection Permit" for any works other than within a road reserve.

Requests for consent of the Responsible Authority (City of Banyule) pursuant to Condition 5 should be directed to Council's Arborist - Development Planning on 9457 9878. Consent for the conduct of works within the Tree Protection Zone, where granted, may be subject to conditions. Such conditions may include a requirement that:

Any underground service installations within the Tree Protection Zone be bored to a depth of 1.5 metres;

All root excavation be carried out by hand digging or with the use of 'Air-Excavation' techniques;

Roots required to be cut are to be severed by saw cutting and undertaken by a qualified arborist.

Or other conditions, as relevant, to ensure the ongoing health and stability of the subject treels.

DATE ISSUED: 18 December 2006

DATE AMENDED: 22 Aunust 2007

SIGNATURE FOR RESPONSIBLE AUTHORITY: Note: Under Part 4, Division 1A of the Planning and Environment Act 1987, a permit may be amended. Please check with the responsible authority that this permit is the current permit and can be acted upon.

07944

PLANNING PERMIT: P97412005

NOTE:

Any connection to Council's drainage system

within the road reserve must be carried out under a Memorandum of Consent for Works; andlor

Other than within a road reserve must be carried out under a Drainage Connection Permit;

This is to be carried out under Council supervision and to the satisfaction of the Responsible Authority.

THIS PERMIT HAS BEEN AMENDED AS FOLLOWS:

Date of Amendment Brief description of amendment

22 August 2007 Deletion of Condition 6 (d). New Condition 7 Remaining conditions renumbered accordingly.

DATE ISSUED: 18 December 2006 DATE AMENDED: 22 August 2007

SIGNATURE FOR RESPONSIBLE AUTHORITY: Note: Under Part 4, Division 1A of the Planning and Environment Act 1987, a permit may be amended. Please check with the responsible authority that this permit is the current permit and can be acted upon. - - ------

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