The Tribunal set aside the council's decision to grant a permit and refused the six-lot subdivision of a 121-hectare farm in the Farming Zone, LSIO and ESO1. The Tribunal held that clause 65.02 of the planning scheme requires consideration of possible future development at the subdivision stage, and it is not orderly planning to defer flood risk and drainage issues to later permit applications for buildings and works. The Tribunal also held that the National Trust principle (as affirmed in Brunswick Investments) confines future LSIO/ESO1 building permits to their own purposes, meaning agricultural productivity concerns under the FZ cannot be addressed at that later stage. The absence of any farm management plan or evidence demonstrating how six separate lots would enhance agricultural productivity on state-significant agricultural land was fatal to the proposal under FZ policy.
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