Exhibits
Mornington Peninsula Planning Scheme
Mornington Peninsula Planning Scheme (in force prior to 5 January 2025)(opens in a new window)PDF 10.35 MBEnvironmental Management Overlay
Environmental Management Overlay of McCrae Landslide area(opens in a new window)PDF 798.75 KBGeotechnical Factual Report
Geotechnical Factual Report prepared by PSM(opens in a new window)PDF 23.97 MBPresentation prepared by Darren Paul
Presentation prepared by Darren Paul, WSP, for the Board of Inquiry into the McCrae landslide(opens in a new window)PDF 4.51 MBPhotograph of whiteboard, Darren Paul
Photograph of whiteboard written on by Darren Paul(opens in a new window)PDF 3.38 MB- Day Two exhibits pending.
- Day Three exhibits pending.
Witness Statement - Kellie Moran
Exhibit CA-15(1): Witness Statement of Kellie Moran, signed 12 May 2025(opens in a new window)PDF 545.14 KBTitle Search - 3 Penny Lane, McCrae
Exhibit CA-15(2) and Exhibit CA-16(3): Exhibit KM-1 and Exhibit NM-2 - Title Search of 3 Penny Lane, McCrae dated 7 April 2025(opens in a new window)PDF 101.48 KBPhotograph - 3 Penny Lane, McCrae
Exhibit CA-15(3): Exhibit KM-2 - Photograph of damage to laundry and hallway at 3 Penny Lane, taken 5 January 2025(opens in a new window)PDF 64.4 KBMornington Peninsula Shire Council Report
Exhibit CA-15(4) and Exhibit CA-16(9): Exhibit KM-3 and NM-8 - Report from Mornington Peninsula Shire Council regarding Owners Action items for 3 Penny Lane and 10-12 View Point Road, undated(opens in a new window)PDF 972.69 KBWitness Statement - Nicholas Moran
Exhibit CA-16(1): Witness Statement of Nicholas James Moran, signed 12 May 2025(opens in a new window)PDF 621.96 KBFloorplan - 3 Penny Lane, McCrae
Exhibit CA-16(2): Exhibit NM-1 - Floorplan of 3 Penny Lane, undated(opens in a new window)PDF 310.98 KBEmail - Belle Property to Nicholas Moran
Exhibit CA-16(4) Exhibit NM-3 - Email from Belle Property Dromana to Nicholas Moran regarding Penny Lane/View Point Road drainage issues, dated 5 March 2023(opens in a new window)PDF 200.66 KBTitle Search - 3 Penny Lane, McCrae
Exhibit CA-16(5): Exhibit NM-4 - Title Search of 3 Penny Lane dated 14 March 2023(opens in a new window)PDF 1.63 MBText Messages - Nicholas Moran to Matt Grover
Exhibit CA-16(7): Exhibit NM-6 - Text messages from Nicholas Moran to Matt Grover enclosing screenshots of social media posts, dated 8 January 2025(opens in a new window)PDF 164.6 KBText Messages - Nicholas Moran to RACV
Exhibit CA-16(8): Exhibit NM-7 - Text messages between Nicholas Moran and RACV enclosing photographs, dated 9 and 11 January 2025(opens in a new window)PDF 482.46 KBText Messages - Gerrard Borghesi and Nicholas Moran
Exhibit CA-16(10): Exhibit NM-9 - Text messages between Gerrard Borghesi and Nicholas Moran regarding access to property, dated 9 January 2025(opens in a new window)PDF 97.55 KBText Messages - Nicholas Moran and RACV
Exhibit CA-16(11): Exhibit NM-10 - Text message thread between Nicholas Moran and RACV regarding diversion fix, dated 11 January 2025(opens in a new window)PDF 442.59 KBWitness Statement - Brett Cooper
Exhibit CA-17(1): Witness Statement of Brett Cooper, signed 12 May 2025(opens in a new window)PDF 426.88 KBPhotograph - Charlesworth Street
Exhibit CA-17(2): Exhibit BC-1: Photograph of workers on Charlesworth Street, undated(opens in a new window)PDF 498.61 KBCommunity update - South East Water
Exhibit CA-17(3): Exhibit BC-2: Community update from South East Water dated 17 January 2025(opens in a new window)PDF 534.19 KBEmail - Brett Cooper to Mornington Peninsula Shire Council
Exhibit CA-17(4): Exhibit BC-3: Email from Brett Cooper to Mornington Peninsula Shire Council enclosing correspondence with Councillor Max Patton, dated 23 January 2025(opens in a new window)PDF 129.34 KBEmail - Brett Cooper and Sam Groth MP
Exhibit CA-17(5): Exhibit BC-4: Email correspondence between Brett Cooper and Sam Groth MP, dated 23 January 2025(opens in a new window)PDF 203.65 KBPhotograph - South East Water on Charlesworth and Waller Place
Exhibit CA-17(6): Exhibit BC-5: Photograph of SEW on Charlesworth and Waller Place, undated(opens in a new window)PDF 438.84 KBEmail - Brett Cooper and South East Water
Exhibit CA-17(7): Exhibit BC-6: Email correspondence between Brett Cooper and Chris Ransom, South East Water dated 13 February 2025(opens in a new window)PDF 161.14 KBEmail - Brett Cooper and South East Water
Exhibit CA-17(8): Exhibit BC-7: Email correspondence between Brett Cooper and South East Water dated 21 February 2025(opens in a new window)PDF 229.6 KBDraft Sand Survey
Exhibit SEW-1: Draft Sand Survey map provided by South East Water dated May 2025(opens in a new window)PDF 746.11 KBWitness Statement - Kevin Hutchings
Exhibit CA-18(1): Witness Statement of Kevin Barry Hutchings, signed 12 May 2025(opens in a new window)PDF 1.12 MBPhotograph - Borghesi property
Exhibit CA-18(2): Exhibit KH-1 - Photograph of Borghesi property taken by Kevin Hutchings on 7 January 2025(opens in a new window)PDF 1.09 MBFlyer - South East Water
Exhibit CA-18(5): Exhibit KH-4 - South East Water flyer titled 'Community update - Supporting our customers in McCrae' dated 17 January 2025(opens in a new window)PDF 427.41 KBSouth East Water map
Exhibit CA-18(6): Exhibit KH-5 - Screenshot from SEW map, undated(opens in a new window)PDF 506.54 KBMinutes - McCrae Landslide Community Meeting
Exhibit CA-18(7): Exhibit KH-6 - Minutes of McCrae Landslide Community Meeting provided by Mornington Peninsula Shire Council, dated 22 January 2025(opens in a new window)PDF 154.64 KBEmail - South East Water
Exhibit CA-18(8): Exhibit KH-7 - Screenshot of email from South East Water regarding water leak issue at 3 Charlesworth Street, dated 24 November 2024(opens in a new window)PDF 223.98 KBPhotograph - burst site
Exhibit CA-18(9): Exhibit KH-8 - Photograph of burst site taken by Kevin Hutchings on 7 February 2025(opens in a new window)PDF 298.76 KBPhotograph - Waller Place intersection
Exhibit CA-18(10): Exhibit KH-9 - Photograph of intersection at Waller Place taken by Kevin Hutchings on 7 February 2025(opens in a new window)PDF 235.1 KBPhotograph - Coburn intersection
Exhibit CA-18(11): Exhibit KH-10 - Photograph of the intersection at Coburn Intersection taken by Kevin Hutchings on 7 February 2025(opens in a new window)PDF 289.53 KBPhotograph - burst site
Exhibit CA-18(12): Exhibit KH-11 - Photograph of Burst Site taken by Kevin Hutchings on 14 February 2025(opens in a new window)PDF 236.3 KBSouth East Water maps
Exhibit CA-18(16): Exhibit KH-15 - Maps downloaded from SEW map by Kevin Hutchings on 24 February 2025 and 6 March 2025(opens in a new window)PDF 943.92 KBPhotograph - Coburn intersection
Exhibit CA-18(17): Exhibit KH-16 - Photograph of road at Coburn Intersection taken by Jo Thompson, undated(opens in a new window)PDF 245.23 KBPhotograph - Coburn intersection
Exhibit CA-18(18): Exhibit KH-17 - Photograph of road at Coburn Intersection taken by Jo Thompson, 27 February 2025(opens in a new window)PDF 330.2 KBReport - Civiltest
Exhibit CA-18(19): Exhibit KH-18 - Report of Civiltest dated 29 April 2025(opens in a new window)PDF 497.66 KBVideo exhibits
Video - 3 Penny Lane, McCrae
Video - 3 Penny Lane, McCrae
Video - Borghesi property
Video - Charlesworth Street, Waller Place intersection
Video - burst site
Exhibit CA-18(13): Exhibit KH-12 - Video of Burst Site taken by Kevin Hutchings on 27 February 2025
Video - burst site
Exhibit CA-18(14): Exhibit KH-13 - Video of Burst Site taken by Kevin Hutchings on 27 February 2025
Video - burst site
Exhibit CA-18(15): Exhibit KH-14 - Video of Burst Site taken by Kevin Hutchings on 27 February 2025
Witness Statement - John Bolch
Exhibit CA-19(1): Witness Statement of John Bolch, signed 14 May 2025(opens in a new window)PDF 1.17 MBPhotographs - 14 January, 2025
Exhibit CA-19(3): Exhibit JB-2: Photographs taken on 14 January 2025(opens in a new window)PDF 1.35 MBPhotographs - Coburn intersection
Exhibit CA-19(6): Exhibit JB-5: Photographs taken of Coburn intersection on 15 January 2025(opens in a new window)PDF 2.53 MBPhotographs - Waller intersection
Exhibit CA-19(7): Exhibit JB-6: Photographs taken of works at Waller intersection on 15 January 2025(opens in a new window)PDF 1.82 MBPhotograph - Prospect Hill Road kerbs
Exhibit CA-19(10): Exhibit JB-9: Photograph taken of kerbs along Prospect Hill Road on 15 January 2025(opens in a new window)PDF 780.42 KBPhotograph - Waller intersection
Exhibit CA-19(14): Exhibit JB-13: Photograph taken of workers at Waller intersection on 24 January 2025(opens in a new window)PDF 282.91 KBPhotographs - Coburn intersection
Exhibit CA-19(15): Exhibit JB-14: Photographs taken at Coburn intersection on 24 January 2025(opens in a new window)PDF 1.23 MBPhotographs - water assets
Exhibit CA-19(16): Exhibit JB-15: Photographs taken of water assets on 14 February 2025(opens in a new window)PDF 1.09 MBPhotograph - Boulevard culvert
Exhibit CA-19(17): Exhibit JB-16: Photograph taken of culvert on Boulevard reserve on 14 February 2025(opens in a new window)PDF 3.86 MBPhotograph - burst site
Exhibit CA-19(18): Exhibit JB-17: Photographs taken of area near burst site on 20 February 2025(opens in a new window)PDF 3.86 MBPhotographs - Coburn intersection
Exhibit CA-19(22): Exhibit JB-21: Photographs taken of Coburn intersection on 27 February 2025(opens in a new window)PDF 1.65 MBPhotographs - Moran property
Exhibit CA-19(23): Exhibit JB-22: Photographs taken of Moran property on 28 February 2025(opens in a new window)PDF 2.78 MBAnnotated map
Exhibit CA-19(24): Exhibit JB-23: Copy of annotated map prepared by John Bolch, undated(opens in a new window)PDF 468.98 KBScreenshot - text message and photographs
Exhibit CA-19(25): Exhibit JB-24: Screenshot of text message with Mr Rotter and photographs taken on 7 March 2025(opens in a new window)PDF 4.29 MBPhotographs - repair site
Exhibit CA-19(26): Exhibit JB-25: Photographs taken of repair site on 8 March 2025(opens in a new window)PDF 5.51 MBPhotographs - testing equipment
Exhibit CA-19(27): Exhibit JB-26: Photographs taken of testing equipment on 27 March 2025(opens in a new window)PDF 5.51 MBPhotographs - burst site
Exhibit CA-19(28): Exhibit JB-27: Photographs taken of burst site, kerb, stormwater along Bayview Road taken 27 March 2025(opens in a new window)PDF 5.08 MBPhotographs - kerbs and channel
Exhibit CA-19(30): Exhibit JB-29: Photographs taken of kerbs and channel along Prospect Hill Road on 11 April 2025(opens in a new window)PDF 2.37 MBFire Fighting Diagnostic Inspection Report
Exhibit CA-19(31): Exhibit JB-30: Fire Fighting Diagnostic Inspection Report prepared by Fair Fire Services dated 12 April 2025(opens in a new window)PDF 160.32 KBPressure and Flow Information Report - South East Water
Exhibit CA-19(32): Exhibit JB-31: Pressure and Flow Information Report prepared by South East Water dated 27 March 2025(opens in a new window)PDF 603.29 KBReport - Outlook Road, McCrae
Exhibit CA-19(33): Exhibit JB-32: Report prepared by A. Christofi titled Outlook Road McCrae dated 23 April 2025(opens in a new window)PDF 1.45 MBPhotograph - pipe
Exhibit CA-20: Photograph of pipe provided by John Bolch during evidence on 14 May 2025(opens in a new window)PDF 200.7 KBWitness Statement - Paul Willigenburg
Exhibit CA-21(1): Witness Statement of Paul Willigenburg, signed 14 May 2025(opens in a new window)PDF 1 MBPhotograph - 3/613 Point Nepean Road
Exhibit CA-21(2): PW-01 - Photograph of the front of Unit 3, 613 Point Nepean Rd taken on 30 April 2021(opens in a new window)PDF 279.34 KBPhotograph - Emergency Order
Exhibit CA-21(4): PW-03 - Photograph of the Emergency Order issued by Mornington Peninsula Shire Council regarding Unit 3/613 Point Nepean Road, McCrae dated 15 November 2022(opens in a new window)PDF 3.06 MBPhotographs - backyard
Exhibit CA-21(5): PW-04 - 2 x photographs of the backyard of property, undated(opens in a new window)PDF 1.15 MBEmail - Mornington Peninsula Shire Council to Paul Willigenburg
Exhibit CA-21(6): PW-05 - Email from Mornington Peninsula Shire Council to Paul Willigenburg regarding Emergency order, dated 1 December 2022(opens in a new window)PDF 169.57 KBEmail - Mornington Peninsula Shire Council to Paul Willigenburg
Exhibit CA-21(7): PW-06 - Email from Mornington Peninsula Shire Council to Paul Willigenburg regarding geotechnical report from Civiltest Pty Ltd, dated 5 December 2022(opens in a new window)PDF 132.28 KBEmail - Mornington Peninsula Shire Council to Paul Willigenburg
Exhibit CA-21(8): PW-07 - Email from Mornington Peninsula Shire Council to Paul Willigenburg regarding geotechnical reports received, dated 7 December 2022(opens in a new window)PDF 137.45 KBEmail - Paul Willigenburg to Mornington Peninsula Shire Council
Exhibit CA-21(9): PW-08 - Email from Paul Willigenburg to Mornington Peninsula Shire Council regarding works plan review, dated 20 December 2022(opens in a new window)PDF 80.28 KBEmail - Mornington Peninsula Shire Council to Paul Willigenburg
Exhibit CA-21(10): PW-09 - Email from Mornington Peninsula Shire Council to Paul Willigenburg regarding Civiltest three-stage plan, dated 20 December 2022(opens in a new window)PDF 175.99 KBEmail - Paul Willigenburg to Mornington Peninsula Shire Council
Exhibit CA-21(12): PW-11 - Email from Paul Willigenburg to Mornington Peninsula Shire Council regarding frustration as to landslip, dated 22 December 2022(opens in a new window)PDF 60.03 KBEmail - Mornington Peninsula Shire Council to Paul Willigenburg
Exhibit CA-21(13): PW-12 - Email from Mornington Peninsula Shire Council to Paul Willigenburg regarding works at McCrae, dated 23 December 2022(opens in a new window)PDF 120.17 KBEmail - Paul Willigenburg to CHU
Exhibit CA-21(14): PW-13 - Email from Paul Willigenburg to CHU regarding questions from residents, dated 4 February 2023(opens in a new window)PDF 67.05 KBEmail - Paul Willigenburg to Mornington Peninsula Shire Council
Exhibit CA-21(15): PW-14 - Email from Paul Willigenburg to Mornington Peninsula Shire Council regarding peer review of 3 stage plan, dated 13 February 2023(opens in a new window)PDF 472.29 KBEmail - Mornington Peninsula Shire Council to Paul Willigenburg
Exhibit CA-21(16): PW-15 - Email from Mornington Peninsula Shire Council to Paul Willigenburg regarding completion of peer review, dated 14 February 2023(opens in a new window)PDF 137.5 KBEmail - Mornington Peninsula Shire Council and Paul Willigenburg
Exhibit CA-21(17): PW-16 - Email correspondence between Mornington Peninsula Shire Council and Paul Willigenburg regarding drainage issues at Viewpoint Road and Penny Lane, dated 17 February 2023(opens in a new window)PDF 91.59 KBEmail - Mornington Peninsula Shire Council and Paul Willigenburg, John d'Helin and Jon McClean
Exhibit CA-21(18): PW-17 - Email correspondence between Mornington Peninsula Shire Council and Paul Willigenburg, John d'Helin and Jon McClean regarding update on drainage issues, dated 21 February 2023(opens in a new window)PDF 160.84 KBEmail - Mornington Peninsula Shire Council and Paul Willigenburg, John d'Helin and Jon McClean
Exhibit CA-21(19): PW-18 - Email correspondence between Mornington Peninsula Shire Council and Paul Willigenburg, John d'Helin and Jon McClean regarding drainage works, dated 1 March 2023(opens in a new window)PDF 135.83 KBEmail - Mornington Peninsula Shire Council and Paul Willigenburg
Exhibit CA-21(20): PW-19 - Email correspondence between Mornington Peninsula Shire Council and Paul Willigenburg regarding progress of main works, dated 20 December 2022(opens in a new window)PDF 209.25 KBEmail - CHU to Paul Willigenburg
Exhibit CA-21(21): PW-20 - Email from CHU to Paul Willigenburg and Jon McClean regarding geotechnical reports, dated 5 May 2023(opens in a new window)PDF 178.06 KBLetter - McGuinness Legal to Mornington Peninsula Shire Council
Exhibit CA-21(22): PW-21 - Letter from McGuinness Legal to Mornington Peninsula Shire Council regarding Paul and Denise Willigenburg dated 12 July 2023(opens in a new window)PDF 750.58 KBLetter - McGuinness Legal to RACV
Exhibit CA-21(23): PW-22 - Letter from McGuinness Legal to RACV regarding Paul and Denise Willigenburg and access to documents dated 25 July 2023(opens in a new window)PDF 529.77 KBLetter - McGuinness Legal to Mornington Peninsula Shire Council
Exhibit CA-21(24): PW-23 - Letter from McGuinness Legal to Mornington Peninsula Shire Council advising that Willigenburgs return to property, dated 7 September 2023(opens in a new window)PDF 138.85 KBLetter - Mornington Peninsula Shire Council to Willigenburgs
Exhibit CA-21(25): PW-24 - Letter from Mornington Peninsula Shire Council to Willigenburgs regarding request for access, dated 1 February 2024(opens in a new window)PDF 253.7 KBSigned Consent - Paul Willigenburg
Exhibit CA-21(26): PW-25 - Signed consent to exercise powers of entry from Paul Willigenburg dated 5 February 2024(opens in a new window)PDF 347.23 KBLetter - Mornington Peninsula Shire Council to Willigenburgs
Exhibit CA-21(27): PW-26 - Letter from Mornington Peninsula Shire Council to Willigenburgs enclosing Emergency Order, dated 6 February 2024(opens in a new window)PDF 255.66 KBLetters - Mornington Peninsula Shire Council to Willigenburgs
Exhibit CA-21(28): PW-27 - Letters from Mornington Peninsula Shire Council to Willigenburgs enclosing Emergency Orders dated 20, 24, 26, 28 February 2024, 3, 12 March 2024(opens in a new window)PDF 458.54 KBEmergency Orders - Mornington Peninsula Shire Council to Willigenburgs
Exhibit CA-21(29): PW-28 - Emergency Orders made by Mornington Peninsula Shire Council issued to Willigenburgs dated 20 February 2024, 3 March 2024 and 12 March 2024(opens in a new window)PDF 273.39 KBGeotechnical Opinion Report - A.S. James
Exhibit CA-21(30): PW-29 - Geotechnical Opinion Report (Collaborative Approach) prepared by A.S. James Pty Ltd dated 24 July 2024(opens in a new window)PDF 10.04 MBEmail - Mornington Peninsula Shire Council and Paul Willigenburg
Exhibit CA-21(31): PW-30 - Email correspondence between Mornington Peninsula Shire Council and Paul Willigenburg regarding drainage concern and photographs, dated 16 December 2024(opens in a new window)PDF 450.99 KBOwners Action Items - issued by Mornington Peninsula Shire Council
Exhibit CA-21(32): PW-31 - Owners Action Items in relation to 3 Penny Lane and 10-12 View Point Road issued by Mornington Peninsula Shire Council, dated January 2025(opens in a new window)PDF 2.34 MBWitness Statement - Gerrard Borghesi
Exhibit CA-22(1): Witness Statement of Gerrard Raymond Borghesi, signed 14 May 2025(opens in a new window)PDF 328.12 KBAnnexures to Gerrard Borghesi Witness Statement
Annexures to Gerrard Borghesi Witness Statement(opens in a new window)PDF 6.18 MBVideo exhibits
Exhibit CA-19(2): Exhibit JB-1: Video taken on 12 January 2025
Exhibit CA-19(4): Exhibit JB-3: Video taken of 3 Penny Lane on 14 January 2025
Exhibit CA-19(5): Exhibit JB-4: Video taken of water flowing on 14 January 2025
Exhibit CA-19(11): Exhibit JB-10: Video taken of kerbs on Prospect Hill Road on 15 January 2025
Exhibit CA-19(12): Exhibit JB-11: Video taken of kerbs along Prospect Hill Road on 15 January 2025
Exhibit CA-19(13): Exhibit JB-12: Video taken of kerbs on Prospect Hill Road on 15 January 2025
Exhibit CA-19(19): Exhibit JB-18: Video taken near burst site on 20 February 2025
Exhibit CA-19(20): Exhibit JB-19: Video taken near burst site on 20 February 2025
Exhibit CA-19(21): Exhibit JB-20: Video taken near burst site on 20 February 2025
Email - Gerrard Borghesi to Maw Civil Marine
Exhibit MPSC-1: Email from G Borghesi to Maw Civil Marine Pty Ltd dated 18 October 2023(opens in a new window)PDF 76.67 KBWitness Statement - Lara Olsen, South East Water
Exhibit CA-25(1): Witness Statement of Lara Olsen, Managing Director of South East Water dated 30 April 2025 (signed 16 May 2025)(opens in a new window)PDF 3.21 MBDiagrams - South East Water infrastructure
Exhibit CA-25(2): Exhibits 1a and 1b - SEW infrastructure responsibility sewerage and water infrastructure diagrams, undated(opens in a new window)PDF 434.21 KBOrganisational Structure - South East Water
Exhibit CA-25(3): Exhibit 2 - South East Water Organisational Structure as at April 2025(opens in a new window)PDF 190.13 KBContract Register
Exhibit CA-25(4): Exhibit 3 - Contract register, undated(opens in a new window)PDF 64.24 KBLeak Detection - South East Water
Exhibit CA-25(5): Exhibit 4 - South East Water Acoustic Leak Detection, undated(opens in a new window)PDF 66.86 KBPlanned Maintenance Repair - South East Water
Exhibit CA-26(3) and SEW-02(3): Planned Maintenance Repair - 32 Coburn Avenue McCrae dated 29 December 2024(opens in a new window)PDF 8.47 MBSMEC Report
Exhibit CA-27: SMEC Report dated 5 May 2025 titled McCrae Landslip Project(opens in a new window)PDF 19.94 MBEmail - South East Water regarding Bayview Road burst
Exhibit CA-28: Email correspondence between South East Water regarding burst in Bayview Road, McCrae dated 24 January 2025(opens in a new window)PDF 1.7 MBSubmission - South East Water
Exhibit CA-29(1): South East Water Submission to the Board of Inquiry into the McCrae Landslide, dated April 2025(opens in a new window)PDF 1.22 MBSubmission - Plan showing South East Water network
Exhibit CA-29(2): Exhibit 1 to SEW Submission - Plan showing water mains network contained in submission provided by South East Water, undated(opens in a new window)PDF 609.18 KBSubmission - Plan showing South East Water network
Exhibit CA-29(3): Exhibit 2 to SEW Submission - Plan showing sewerage network around vicinity of the Landslide site, undated(opens in a new window)PDF 621.5 KBEmail - South East Water internal email
Exhibit CA-30: Internal email correspondence of South East Water regarding analysis of night flow data at Waller Place, McCrae between 16 January 2025 and 22 January 2025(opens in a new window)PDF 2.41 MB
Updated