- Exhibit CA-31 [MSC.9000.0002.0014] First witness statement of David Smith dated 17 April 2025 (and exhibits)(opens in a new window)PDF 3.44 MBExhibit CA-31(1) [MSC.5022.0001.0001] Maintenance Services Contract between Mornington Peninsula Shire Council and Fulton Hogan dated 15 December 2023(opens in a new window)PDF 3.2 MBExhibit CA-31(2) [MSC.5016.0001.0874] Email from Mornington Shire Council to Downer Group regarding Board of Inquiry request for information dated 14 April 2025(opens in a new window)PDF 187.5 KBExhibit CA-31(3) [MSC.5016.0001.1965] Letter from Downer Group to Mornington Peninsula Shire Council regarding request for information to support McCrae Board of Inquiry dated 15 April 2025(opens in a new window)PDF 156.23 KBExhibit CA-31(4) [MSC.5016.0001.1915] Spreadsheet of Work Orders received by Mornington Peninsula Shire Council in relation to Charlesworth Street, Prospect Hill Road, View Point Road, and others dating between 6 August 2024 and 27 February 2025(opens in a new window)Excel 22.74 KBExhibit CA-31(5) [MSC.5026.0001.0054] Email from Tristan Bunting (TDG Environmental) regarding works at 2 View Point Road, encl PDF reports, dated 12 September 2023(opens in a new window)PDF 256.9 KBExhibit CA-31(6) [MSC.5026.0001.0063] CCTV Inspection Report for 7 Prospect Hill Road, dated 30 August 2023(opens in a new window)PDF 6.48 MBExhibit CA-31(7) [MSC.5026.0001.0059] CCTV Inspection report for View Point Road, dated 30 August 2023(opens in a new window)PDF 786.83 KBExhibit CA-31(8) [MSC.5027.0001.0002] McCrae Information Request, undated(opens in a new window)Excel 24.2 KBExhibit CA-31(9) [MSC.5014.0001.1160] Excel Spreadsheet detailing Invoices for Account 'K&C View Point Road McCrae', undated(opens in a new window)PDF 110.88 KBExhibit CA-31(10) [MSC.5016.0001.0768] Internal email correspondence at Mornington Peninsula Shire Council regarding road surface conditions at Coburn Avenue, dated 12 April 2023(opens in a new window)PDF 895.44 KBExhibit CA-31(11) [MSC.5016.0001.0115] Internal Mornington Peninsula Shire Council email confirming scope of October 2022 Purchase Order at View Point Road, dated 10 April 2025(opens in a new window)PDF 166.79 KBExhibit CA-31(12) [MSC.5018.0001.0640] Email correspondence between Fulton Hogan and Mornington Peninsula Shire Council forwarding details of works, dated 16 April 2025(opens in a new window)PDF 375.8 KBExhibit CA-31(13) [MSC.5018.0001.0021] Email chain between Mornington Peninsula Shire Council and Fulton Hogan regarding maintenance of works in exclusion area, dated 16 April 2025(opens in a new window)PDF 376.39 KBExhibit CA-31(14) [MSC.5006.0001.0744] Spreadsheet provided by Mornington Peninsula Shire Council reporting defects and completed works between 19 November 2020 and 6 October 2022(opens in a new window)Excel 15.24 KBExhibit CA-31(15) [MSC.5014.0001.1161] Spreadsheet of Mornington Shire Council works completed in McCrae between 19 August 2016 to 14 March 2024(opens in a new window)Excel 23.18 KBExhibit CA-31(16) [MSC.5016.0001.0330] Spreadsheet of Action Items for Mornington Peninsula Shire Council from 2018 to 2024(opens in a new window)Excel 35.46 KBExhibit CA-31(17) [MSC.5016.0001.1075] Image of Driveway covered in debris undated(opens in a new window)PDF 667.39 KBExhibit CA-31(18) [MSC.5016.0001.0005] Image of road at unknown location, undated(opens in a new window)PDF 417.71 KBExhibit CA-31(19) [MSC.5016.0001.0052] Image of Road, undated(opens in a new window)PDF 1.02 MBExhibit CA-31(20) [MSC.5016.0001.0028] Image of Road, undated(opens in a new window)PDF 305.29 KBExhibit CA-31(21) [MSC.5016.0001.0118] Image of Nature Strip, undated(opens in a new window)PDF 2.52 MBExhibit CA-31(22) [MSC.5016.0001.0116] Image of Damaged Tree, undated(opens in a new window)PDF 3.65 MBExhibit CA-31(23) [MSC.5016.0001.0124] Image of Road and Nature Slip with works, undated(opens in a new window)PDF 3.08 MBExhibit CA-31(24) [MSC.5016.0001.0117] Image of Road and Damaged Tree, undated(opens in a new window)PDF 1.82 MBExhibit CA-31(25) [MSC.5018.0001.0647] Image of obstructed pit drain, undated(opens in a new window)PDF 1.76 MBExhibit CA-31(26) [MSC.5018.0001.0645] Image of pit drain, undated(opens in a new window)PDF 1.39 MBExhibit CA-31(27) [MSC.5016.0001.1726] Image of Opened drain. undated(opens in a new window)PDF 1.68 MBExhibit CA-31(28) [MSC.5016.0001.1943] Image of Pit Drain, undated(opens in a new window)PDF 1.84 MBExhibit CA-31(29) [MSC.5016.0001.0340] Image of Pipe going into ground, undated(opens in a new window)PDF 1.64 MBExhibit CA-31(30) [MSC.5016.0001.2343] Photo of drainage pipe works, dated 2 December 2024(opens in a new window)PDF 2.34 MBExhibit CA-31(31) [MSC.5016.0001.2315] Image of open pit drain filled with water, undated(opens in a new window)PDF 2.08 MBExhibit CA-31(32) [MSC.5016.0001.0363] Image of Road Works, undated(opens in a new window)PDF 1.06 MBExhibit CA-31(33) [MSC.5016.0001.1429] Image of Damaged Road, undated(opens in a new window)PDF 1.09 MBExhibit CA-31(34) [MSC.5016.0001.0200] Image of Damaged Road, undated(opens in a new window)PDF 1.01 MBExhibit CA-31(36) [MSC.5016.0001.1280] Image of covered pothole, undated(opens in a new window)PDF 1002.57 KBExhibit CA-31(37) [MSC.5016.0001.0113] Image of drain, undated(opens in a new window)PDF 1.05 MBExhibit CA-31(38) [MSC.5016.0001.1995] Image of Damaged Road, undated(opens in a new window)PDF 515.29 KBExhibit CA-31(39) [MSC.5016.0001.1064] Image of Damaged Road, undated(opens in a new window)PDF 472.9 KBExhibit CA-31(40) [MSC.5018.0001.0648] Image of water along kerb, undated(opens in a new window)PDF 2.9 MBExhibit CA-31(41) [MSC.5018.0001.0646] Image of water along kerb, undated(opens in a new window)PDF 2.42 MBExhibit CA-31(42) [MSC.5018.0001.0650] Image of Damaged Road, undated(opens in a new window)PDF 1.98 MBExhibit CA-31(43) [MSC.5016.0001.1431] Image of Pothole with safety cone, undated(opens in a new window)PDF 1.9 MBExhibit CA-31(44) [MSC.5016.0001.0114] Image of cracked road, undated(opens in a new window)PDF 2.35 MBExhibit CA-31(45) [MSC.5016.0001.0658] Image of Pothole at Waller Place, undated(opens in a new window)PDF 1.98 MBExhibit CA-31(46) [MSC.5018.0001.0649] Image of Road with traffic hazard sign, undated(opens in a new window)PDF 2.14 MBExhibit CA-31(47) [MSC.5018.0001.0033] Image of damaged road, undated(opens in a new window)PDF 2.1 MBExhibit CA-31(48) [MSC.5018.0001.0026] Photo of patched road, undated(opens in a new window)PDF 2.13 MBExhibit CA-31(49) [MSC.5018.0001.0032] Image of road works, undated(opens in a new window)PDF 1.8 MBExhibit CA-31(50) [MSC.5016.0001.1076] Image of Road with traffic hazard sign, undated(opens in a new window)PDF 1.78 MBExhibit CA-31(51) [MSC.5018.0001.0034] Image of Road with traffic hazard sign, undated(opens in a new window)PDF 1.5 MBExhibit CA-31(52) [MSC.5018.0001.0028] Images outlining work on Charlesworth Street and Waller Place Pits and places with water issues observed(opens in a new window)PDF 958.07 KBExhibit CA-31(53) [MSC.5016.0001.1782] Image of drain with pit lid damage, undated(opens in a new window)PDF 961.75 KBExhibit CA-31(54) [MSC.5018.0001.0035] Image of drain with pit lid damage, undated(opens in a new window)PDF 961.12 KBExhibit CA-31(55) [MSC.5018.0001.0027] Image of drain with pit lid repaired, undated(opens in a new window)PDF 1.58 MB
- Exhibit CA-31 [MSC.9000.0001.0003] Second witness statement of David Smith dated 30 April 2025 (and exhibits)(opens in a new window)PDF 763.35 KBExhibit CA-31(1) [MSC.9000.0001.0017] Annexures to Second Witness Statement of David Smith(opens in a new window)PDF 13.08 MBExhibit CA-31(1) [MSC.5031.0001.5867] Stormwater Drainage Concern regarding water seepage dated 9 November 2024(opens in a new window)PDF 96.86 KBExhibit CA-31(1) [MSC.5031.0001.5868] Stormwater Drainage Concern regarding water ingress dated 13 November 2024(opens in a new window)PDF 100.06 KBExhibit CA-31(1) [MSC.5028.0001.0027] Customer Callback Request dated 19 November 2024 regarding procedure for stormwater discharge dated 19 November 2024(opens in a new window)PDF 89.21 KBExhibit CA-31(1) [MSC.5031.0001.5881] Road Maintenance Request regarding potholes and erosion on Bayview Road, McCrae dated 22 November 2024(opens in a new window)PDF 91.81 KBExhibit CA-31(1) [MSC.5028.0001.0040] Road Maintenance Request Summary regarding sinkhole dated 28 November 2024(opens in a new window)PDF 90.38 KBExhibit CA-31(1) [MSC.5020.0001.0011] Email from resident to Mornington Peninsula Shire Council regarding videos of 'sink hole' dated 20 December 2024(opens in a new window)PDF 54.44 KBExhibit CA-31(1) [MSC.5020.0001.0163] Photograph taken at 3 Charlesworth Street, McCrae on 16 January 2025(opens in a new window)PDF 1.2 MBExhibit CA-31(1) [MSC.5020.0001.0166] Photograph of worker at 3 Charlesworth Street, McCrae dated 16 January 2025(opens in a new window)PDF 1.09 MBExhibit CA-31(1) [MSC.5028.0001.0041] Stormwater Drainage Concern in relation to work completed, dated 14 December 2024(opens in a new window)PDF 101.37 KBExhibit CA-31(1) [MSC.5028.0001.0042] Customer Callback Request in relation to 3 Waller Place, McCrae dated 17 December 2024(opens in a new window)PDF 92.8 KBExhibit CA-31(1) [MSC.5028.0001.0043] Stormwater Drainage Concern in relation to groundwater dated 20 December 2024(opens in a new window)PDF 95.15 KBExhibit CA-31(1) [MSC.5031.0001.5866] Road Maintenance Request regarding 3 Charlesworth Street, dated 21 December 2024(opens in a new window)PDF 91.43 KBExhibit CA-31(1) [MSC.5032.0001.0002] Road Maintenance Request regarding new sink hole at Charlesworth Street, dated 23 December 2024(opens in a new window)PDF 98.42 KBExhibit CA-31(1) [MSC.5032.0001.0015] McCrae Landslide Inquiry regarding water seeping at several locations dated 6 January 2025(opens in a new window)PDF 107.9 KBExhibit CA-31(1) [MSC.5032.0001.0017] Interaction Record from Mornington Peninsula Shire Council regarding incoming phone calls concerning Charlesworth Street, dated 9 and 30 January 2025(opens in a new window)PDF 54.58 KB
- Exhibit CA-31 [MSC.9000.0002.0199] Third witness statement of David Smith dated 11 June 2025 (and exhibits)(opens in a new window)PDF 1.4 MBExhibit CA-31(1) [MSC.5064.0001.0001] Mornington Peninsula Shire Council Table of Works in Progress for Roads, undated(opens in a new window)Excel 14.43 KBExhibit CA-31(2) [MSC.5064.0001.0002] Email correspondence between South East Water to Mornington Peninsula Shire Council enclosing Road Openings Detail Report dated 1 December 2022(opens in a new window)PDF 68.99 KBExhibit CA-31(3) [MSC.5051.0001.0795] Mornington Peninsula Shire Council Asset Management Policy dated 26 August 2024(opens in a new window)PDF 1.31 MBExhibit CA-31(4) [MSC.5057.0001.0770] Mornington Peninsula Shire Council Asset Management Strategy 2020-2030(opens in a new window)PDF 4.98 MBExhibit CA-31(5) [MSC.5051.0001.0804] Stormwater Asset Management Plan, dated June 2020(opens in a new window)PDF 2.71 MBExhibit CA-31(6) [MSC.5057.0001.1410] Mornington Peninsula Shire Council Flood and Stormwater Strategy, dated May 2022(opens in a new window)PDF 1.3 MBExhibit CA-31(8) [MSC.5014.0001.0676] Deed of Novation between Downer EDI Works, Emoleum Roads Group and Mornington Peninsula Shire Council, dated 30 June 2021(opens in a new window)PDF 1.24 MBExhibit CA-31(9) [MSC.5014.0001.0707] Deed of Extension and Variation between Downer EDI Works and Mornington Peninsula Shire, dated 4 May 2023(opens in a new window)PDF 1.45 MBExhibit CA-31(11) [MSC.5022.0001.0001] Maintenance Services Contract between Mornington Peninsula Shire Council and Fulton Hogan, dated 15 December 2023(opens in a new window)PDF 3.2 MBExhibit CA-31(12) [MSC.5006.0001.0172] Mornington Peninsula Shire Council Annexure 4 Activity Specifications, dated 15 December 2023(opens in a new window)PDF 4.13 MBExhibit CA-31(13) [MSC.5004.0001.0091] Road Management Plan (Mornington Shire Council) 2022, dated 30 September 2022(opens in a new window)PDF 2.07 MBExhibit CA-13(14) [MSC.5057.0001.1409] Mornington Peninsula Shire Council Kerb Condition Data, undated(opens in a new window)Excel 14.61 MBExhibit CA-13(15) [MSC.5057.0001.2000] Image of wet road and cracked kerb, undated(opens in a new window)PDF 867.74 KBExhibit CA-13(16) [MSC.5057.0001.2001] Image of water coming through kerb, undated(opens in a new window)PDF 990.81 KBExhibit CA-13(17) [MSC.5057.0001.2002] Image of kerb with water and cracking, undated(opens in a new window)PDF 973.53 KBExhibit CA-13(18) [MSC.5057.0001.2003] Image of water flowing along kerb, undated(opens in a new window)PDF 1.21 MBExhibit CA-31(19) [MSC.5057.0001.2004] Image of damaged kerb, undated(opens in a new window)PDF 861.02 KBExhibit CA-31(20) [MSC.5057.0001.2005] Image of cracked kerb and road, undated(opens in a new window)PDF 839.24 KBExhibit CA-31(21) [MSC.5057.0001.1440] Mornington Peninsula Shire Council Kerb Projected 5-year Capital Works Program 2020-21 to 2024-25 links(opens in a new window)Excel 245.84 KBExhibit CA-31(22) [MSC.5003.0001.0013] Preliminary project Scope Sheet for View Point Design dated 26 May 2021(opens in a new window)PDF 1.25 MBExhibit CA-31(23) [MSC.5064.0001.0003] South East Water Road Openings Detail Report for November 2022, dated 1 December 2022(opens in a new window)PDF 37.94 KBExhibit CA-31(24) [MSC.5003.0001.0020] Email correspondence from Mornington Peninsula Shire Council to DM Roads regarding approved Purchase Order for the View Point Road K&C (kerb and channel) renewal dated 26 October 2022(opens in a new window)PDF 135.19 KBExhibit CA-31(25) [MSC.5003.0001.0021] Mornington Peninsula Shire Council Purchase Order for Kerb and channel renewal FY23 dated 24 October 2022(opens in a new window)PDF 27.22 KBExhibit CA-31(26) [MSC.5057.0001.0802] Mornington Peninsula Shire Council Table of Requests, dated between 12 March 2024 and 24 January 2025(opens in a new window)Excel 11.86 KBExhibit CA-31(27) [MSC.5051.0001.0881] GMA Environmental Services Section Inspection of View Point Road, McCrae dated 15 January 2025(opens in a new window)PDF 1.53 MB
- Exhibit CA-32 [MSC.9000.0003.0001] Witness Statement of Claudio Flores dated 22 May 2025(opens in a new window)PDF 173.73 KBExhibit CA-32(1) [MSC.5003.0001.0030] Email correspondence between Mornington Shire Council and Cardno regarding Emergency Orders dated 18 November 2022(opens in a new window)PDF 481.5 KBExhibit CA-32(2) [MSC.5007.0003.0515] Letter from Mornington Peninsula Shire Council to Borghesi's informing of the Emergency Order EO-144/22 cancellation at 10-12 View Point Road dated 18 November 2022(opens in a new window)PDF 183.37 KBExhibit CA-32(3) [MSC.5007.0003.0646] Emergency Order Cancellation of EO-150/22 issued to 14-16 View Point Road, dated 18 November 2022(opens in a new window)PDF 473.56 KBExhibit CA-32(4) [MSC.5007.0003.0141] Letter from Mornington Peninsula Shire Council to Wells regarding cancellation of emergency order to 3 Penny Lane dated 18 November 2022(opens in a new window)PDF 174.72 KBExhibit CA-32(5) [MSC.5007.0003.0858] Emergency Order issued to 10-2 View Point road dated 18 November 2022(opens in a new window)PDF 593.78 KBExhibit CA-32(6) [MSC.5007.0003.0804] Emergency Order issued to 10-12 View Point Road dated 28 November 2022(opens in a new window)PDF 266.44 KBExhibit CA-32(7) [MSC.5000.0001.0292] Technical Memorandum prepared by Stantec for Mornington Peninsula Shire Council regarding Penny Lane, McCrae dated 7 December 2022(opens in a new window)PDF 4.31 MBExhibit CA-32(8) [MSC.5007.0003.0564] Building Order for Minor Works BNMW-127/23 issued to 10-12 View Point Road dated 28 March 2023(opens in a new window)PDF 277.89 KBExhibit CA-32(9) [MSC.5005.0011.4483] Email from Mornington Peninsula Shire Council to Gerry Borghesi regarding failed drainage system as cause for 2022 landslide, dated 17 May 2023(opens in a new window)PDF 155.2 KBExhibit CA-32(10) [MSC.5000.0001.0639] Expert Opinion Report - Landslide Assessment in relation to 10-12 View Point Road prepared by PSM Consult Pty Ltd dated 11 June 2024(opens in a new window)PDF 15.98 MBExhibit CA-32(11) [MSC.5002.0001.0898] Building Notice from Mornington Shire Council to Gerry and Bronwyn Borghesi requiring stabilisation works to be completed dated 7 February 2024(opens in a new window)PDF 1004.76 KBExhibit CA-32(12) [MSC.5002.0001.1567] Building Order issued in relation to 10-12 View Point Road requiring stabilisation work to landslip dated 4 April 2024(opens in a new window)PDF 194.05 KBExhibit CA-32(13) [MSC.5016.0001.1713] Letter from Harwood Andrews to Dane Pope with updated letter of instruction dated 24 January 2025(opens in a new window)PDF 205.5 KBExhibit CA-32(14) [MSC.5016.0001.1718] Image of Escarpment on which landslide occurred, undated(opens in a new window)PDF 841.93 KB
- Exhibit CA-34 [MSC.9000.0002.0137] Witness statement of Katanya Barlow dated 20 June 2025(opens in a new window)PDF 4.46 MBExhibit CA-34(1) [MSC.5057.0001.0001] Mornington Peninsula Shire Council Meeting Minutes dated 14 May 2019(opens in a new window)PDF 290.81 KBExhibit CA-34(2) [MSC.5057.0001.0036] Attachments to Mornington Peninsula Shire Council Meeting dated 14 May 2019(opens in a new window)PDF 13.43 MBExhibit CA-34(3) [MSC.5057.0001.0123] Mornington Peninsula Shire Council Meeting Minutes dated 16 March 2020(opens in a new window)PDF 1.05 MBExhibit CA-34(4) [MSC.5057.0001.0456] Attachments from Mornington Peninsula Shire Council Planning Services Committee Meeting dated 16 March 2020(opens in a new window)PDF 776.96 KBExhibit CA-34(5) [MSC.5057.0001.0452] Email correspondence between Mornington Peninsula Shire Council to Department of Environment, Land, Water and Planning regarding comments for draft Bushfire Planning Provisions dated 10 February 2023(opens in a new window)PDF 531.83 KBExhibit CA-34(6) [MSC.5057.0001.0186] Mornington Peninsula Shire Council Meeting Agenda dated 19 December 2023(opens in a new window)PDF 4.01 MBExhibit CA-34(7) [MSC.5057.0001.0525] Attachments to Mornington Peninsula Shire Council Meeting Minutes 19 December 2023(opens in a new window)PDF 6.61 MBExhibit CA-34(8) [MSC.5057.0001.0467] Mornington Peninsula Shire Council Planning Services Committee Meeting Minutes dated 28 March 2022(opens in a new window)PDF 1.55 MBExhibit CA-34(9) [MSC.5057.0001.0604] Mornington Peninsula Shire Council Meeting Minutes dated 19 December 2023(opens in a new window)PDF 941.85 KBExhibit CA-34(10) [MSC.5057.0001.0640] Letter from Mornington Peninsula Shire Council to Minister Kilkenny regarding Bushfire Planning Provisions Review and Pilot Project dated 28 March 2024(opens in a new window)PDF 342.76 KBExhibit CA-34(11) [MSC.5057.0001.0643] Email correspondence between Mornington Peninsula Shire Council and Department of Transport and Planning regarding bushfire planning discussion and planning matters dated 4 June 2025(opens in a new window)PDF 151.55 KBExhibit CA-34(12) [MSC.5016.0001.0932] Letter from Mornington Peninsula Shire Council to the Department of Infrastructure re absence of legislative power to deal with unstable land dated 28 September 2001(opens in a new window)PDF 2.7 MBExhibit CA-34(13) [MSC.5012.0001.4136] Letter from the Department of Infrastructure to Mornington Peninsula Shire Council regarding absence of legislative power to deal with unstable land dated 15 November 2001(opens in a new window)PDF 308 KBExhibit CA-34(14) [MSC.5057.0001.0765] Letter to The Hon. Sonya Kilkenny, Minister for Planning from Steve Holland, Mayor of Mornington Peninsula Shire(opens in a new window)PDF 417.47 KBExhibit CA-34(15) [MSC.5057.0001.0645] Mornington Peninsula Shire Council Meeting Agenda dated 11 July 2023(opens in a new window)PDF 1.45 MBExhibit CA-34 (16) [MSC.5057.0001.0727] Mornington Peninsula Shire Council Meeting Minutes dated 11 July 2023(opens in a new window)PDF 1.02 MBExhibit CA-34(17) [MSC.5057.0001.0275] Local Government Sector Submission titled 'Reforming Victoria's Planning System', dated April 2025(opens in a new window)PDF 2.72 MBExhibit CA-34(18) [MSC.5057.0001.0402] Mornington Peninsula Shire Council Meeting Agenda dated 6 May 2025(opens in a new window)PDF 693.44 KBExhibit CA-34(19) [MSC.5057.0001.0370] Mornington Peninsula Shire Council Meeting Minutes dated 06 May 2025(opens in a new window)PDF 542.14 KBExhibit CA-34(20) [MSC.5057.0001.0450] Email from Mornington Peninsula Shire Council to Department of Transport and Planning regarding townhouse planning codes dated 4 June 2025(opens in a new window)PDF 94.5 KBExhibit CA-34(21) [MSC.5057.0001.0447] Direction Number 15 of Planning and Environment Act 1987 relating to Section 12(2)(a) dated 28 October 2013(opens in a new window)PDF 30.41 KBExhibit CA-34(22) [MSC.5001.0001.6105] Report prepared by Cardno titled "GIS Assessment of Regional Landslide Susceptibility, Mornington Peninsula Shire" dated 18 July 2012(opens in a new window)PDF 2.44 MB
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