1. Before the development 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 form part of the permit. The plans must be drawn to scale with dimensions. The plans must be generally in accordance with the plans SA002, TP100, TP101, TP201-TP205 and TP300, all dated 31 July 2024 Rev E but modified to show:

a) Relocation of the rainwater tank to the service yard; > > b) The rear fence as shown on TP503, Rev E; > > c) The car park and accessway to be finished with coloured concrete of an earthy tone or use of aggregate concrete; > > d) Changes required by the landscape plan to be endorsed under condition 18; > > e) Changes required by the Tree Protection Plan to be endorsed under condition 23;

1. The layout of the use and development as shown on the endorsed plans must not be altered without the prior written consent of the responsible authority.

1. Unless with the prior written consent of the Responsible Authority, no more than 134 children may be present at any one time.

1. Unless with the prior written consent of the Responsible Authority operating hours are to be limited to:
   • 6:30am and 6:30pm Monday to Friday.

1. Before the development is occupied, the areas set aside for the vehicle parking, access lanes and driveways as shown on the endorsed plans must be:

a) transportation of materials, goods or commodities to or from the land; > > b) appearance of any building, works or materials; > > c) emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil; > > d) presence of vermin; or > > e) in any other way.

1. Before any building or works start, construction plans for all parking areas and access lanes to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. Once approved, the construction plans will be endorsed and will form part of this permit. The construction plans must be consistent with the endorsed development plans and landscaping plans.

1. Before any building or works start, a signage and line marking plan must be submitted to the satisfaction of the responsible authority prior to the commencement of works onsite. The signage and line marking plan must be in accordance with AS1742.2: 2022 Manual of Uniform Traffic Control Devices - Part 2: Traffic Control Devices for General Use, AS/NZS 2890.1:2004 Parking Facilities - Part 1: Off-street car parking and the guidelines specific in the VicRoads Traffic Engineering Manual. The Signage and line marking plans must be consistent with the endorsed development plans.

1. All deliveries, waste collection, and associated vehicle movements must be managed to minimise disruption and ensure safety, as follows:

a) Deliveries to the site must not occur during peak AM and PM operating/pickup/drop off times; > > b) No delivery vehicles larger than a Small Rigid Vehicle (SRV) are permitted to access the carpark during operating hours; and > > c) Waste collection must not occur during child care operating hours or during peak Heathmont College pickup times.

1. Before the development is occupied, the area(s) set aside for the vehicle parking, access lanes and driveways as shown on the endorsed plans must be:

a) Constructed; > > b) Surfaced with a durable all-weather seal; > > c) Drained to the nominated legal point of discharge; > > d) Line-marked to indicate each car space and all access lanes; > > e) Marked to show the direction of traffic along access lanes and driveways; and > > f) Provided with concrete kerbs or other barriers to prevent direct vehicle access to an adjoining road other than by a vehicle crossing,

1. Before the development is occupied, the owner must at its cost reconstruct the concrete vehicle crossing at right angles to the road to suit the proposed driveway in accordance with the endorsed plans to the satisfaction of the responsible authority.

The vehicle crossings must be a minimum 1.0 m offset from any existing tree or utility service assets.

1. Before the development is occupied, the owner must at its cost remove any unnecessary or redundant vehicle crossing and reinstate kerb and channelling and the affected nature strip in accordance with the endorsed plans to the satisfaction of the responsible authority.

1. Car spaces, access lanes and driveways shown on the endorsed plans must be kept available for these purposes at all times.

1. Before any building or works start, Drainage Plans (including calculations) prepared by a suitably qualified drainage engineer to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the Drainage Plans will be endorsed and will form part of this permit. The Drainage Plans must show:

a) All drainage works associated with the development including any drainage works required outside the land; > > b) The nominated legal point of discharge; > > c) The conveyance of stormwater runoff by means of underground drains to the nominated legal point of discharge; > > d) The mechanisms used to prevent overland flows from having a detrimental effect on the land, the environment or adjoining properties; > > e) The mechanisms used to limit the Permissible Site Discharge (PSD) to the lesser of the equivalent of a 35% impervious site coverage; or the pre-developed discharge rate; and > > f) Stormwater detention storage that limits the maximum discharge rate to the PSD.

1. Before the development is occupied, the drainage and associated works shown on the endorsed Drainage Plans must be constructed in accordance with those plans to the satisfaction of the responsible authority.
2. Within 14 days of the completion of the drainage works, certification from a suitably qualified engineer must be submitted to the responsible authority certifying that works have been completed in accordance with the endorsed Drainage Plans.

1. The development must be provided with external lighting adequately illuminating the common area. Lighting must be located, directed and shielded and of limited intensity that no nuisance or loss of amenity is caused to any person within and beyond the site to the satisfaction of the Responsible Authority.

1. During the construction of the development, methods to control sediment laden runoff in the Urban Stormwater Best Practice Environmental Management Guidelines (Victorian Stormwater Committee, 1999) must be implemented to the satisfaction of the responsible authority to minimise sediment laden runoff and stormwater pollution from leaving the land.

1. Before the starts, an amended landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the landscape plan will be endorsed and will then form part of this permit. The amended landscape plan must be drawn to scale, and its content must reconcile with all other plans which form part of this permit. The amended landscape plan must be generally in accordance with Option 1 plan L-VCAT01, Rev A dated 28 August 2024 and prepared by John Patrick Landscape Architects Pty Ltd but modified to show:

a) Low impact construction measures specified in locations where buildings, pavements or services are located within a Tree Protection Zone (TPZ) and encroaches greater than 10% of the TPZ area of trees to be retained, unless otherwise demonstrated that the tree will remain viable by the consultant arborist. All low impact construction measures must be detailed through cross-section drawings; > > b) Sympathetically planted garden beds to the fullest extent as practical within the SRZs and TPZs of trees to be retained; > > c) Deletion of the Eucalyptus melliodora (Yellow Box) and Eucalyptus polyanthermos (Red Box) and replacement with two (2) Eucalyptus radiata (Narrow Leaved Peppermint) adjacent to the southern boundary; > > d) Screening vegetation of laeocarpus eumundii or similar along the rear boundary to a heigh of at least 5 metres at maturity and planted at a height of 2 metres > > e) Substitution of Correa species with alternative native species Correa reflexa var. reflexa. > > f) Substitution of Goodenia ovata (Hop Goodenia) and Ozothamnus ferrigineus (Tree Everlasting) with longer lived species. > > g) Substitution of Corymbia citrodora 'Scentuous' (Dwarf Lemon Scented Gums) with Corymbia citrodora 'Baby Citro'. > > h) Any approved free-standing lattice support detail, including a section drawing to demonstrate its method of construction.

1. Details for the support structure for climbing plants, including a section drawing to demonstrate its method of construction.

j) Vehicle sightlines (ie driveway splays) indicating that all structures and planting heights are limited to 900mm in height. > > k) Rain garden section detail and a tabulated management schedule to ensure its ongoing function.

1. An amended planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant. All species selected must be to the satisfaction of the responsible authority.

m) Suppliers of indigenous species of local provenance. > > n) A suitable landscape response to the artefact area.

Completion and maintenance of landscaping works

1. Before the occupation of the development, the landscaping works as shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority. Landscaping must then be maintained to the satisfaction of the responsible authority, including that any dead, diseased or damaged plants are to be replaced.

1. Before any site works (including demolition and excavation) start, a Construction Management Plan (CMP) to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When endorsed, the CMP will form part of this permit and must be implemented and complied with to the satisfaction of the responsible authority. The CMP must include, be not be limited to, details of the following:

a) Hours of demolition and construction activity (including deliveries); > > b) The construction program; > > c) A traffic management plan; > > d) The movement of construction vehicles to and from the land and measures to minimise any adverse impact; > > e) A swept path analysis demonstrating the ability for trucks to enter and exit the site in a safe manner for the largest anticipated truck associated with the construction; > > f) A plan showing: > > 1. the location of any site sheds, on-site amenities, building waste storage and the like; > 2. the location of parking areas for construction and sub-contractors' vehicles on and surrounding the land, to ensure that vehicles associated with construction activity cause minimum disruption to surrounding premises. Any basement car park on the land must be made available for use by sub-constructors/tradespersons upon completion of such areas, without delay. > 3. the location and design of construction vehicle washing facilities. > 4. the location of delivery and unloading points. > > g) Measures to contain dust, dirt, mud within land, and the method and frequency of clean-up procedures. > > h) Measures to protect the stormwater drainage system so that no solid waste, sediment, sand, soil, clay or stones from the land enters the stormwater drainage system.

1. Measures for prevention of the unintended movement of building waste and hazardous materials and other pollutants on or off the land, whether by air, water or other means.

j) An outline of requests to occupy public footpaths or roads, and anticipated disruptions to local services. > > k) The processes to be adopted for the separation, re-use and recycling of demolition and construction materials.

1. Measures to minimise noise and other amenity impacts from mechanical equipment and demolition/construction activities, especially outside of daytime hours.

m) Measures to ensure the avoidance of any damage to street trees as a consequence of the movement of large vehicles and machinery (including cranes and excavators) to from the land or as a consequence of the operation of these vehicles and machines in association with the construction of the proposed building, including excavation of the land. > > n) Measures to ensure construction staff, including sub-contractors/tradespersons, operating on the site are aware of:

the trees to be retained or protected and of the tree protection measures set out in the endorsed Tree Protection Plan required by this Permit, where relevant.

• Contact details of a liaison officer for the construction staff.

1. Before the development is occupied, a Waste Management Plan (WMP) must be submitted to and approved by the responsible authority. When approved the WMP will form part of the permit and must be implemented and complied with at all times to the satisfaction of the responsible authority.

1. Before the development is occupied, a report from the author of the Sustainable Design Assessment or similarly qualified person, must be submitted to the responsible authority for approval. The report must be to the satisfaction of the responsible authority and must confirm that all measures specified in the BESS have been implemented in accordance with the endorsed BESS.

1. Concurrent with the endorsement of plans or prior to the commencement of any works at the site (including demolition and excavation whether or not a planning permit is required), whichever occurs sooner, a Tree Protection Plan (TPP) to the satisfaction of the responsible authority, must be submitted to and approved by the responsible authority. The TPP must be prepared by a suitably qualified arborist and clearly show:

a) for each tree shown to be retained on the land or on neighbouring land, a Tree Protection Zone (TPZ) and Structural Root Zone (SRZ) calculated in accordance with the Australian Standard for Protection of Trees on Development Sites (AS4970-2009). > > b) the development layout, all built features, including: pavement, retaining walls; and drainage infrastructure. > > c) tree protection requirements for retained trees within and adjoining the subject site (including the road reserve), in accordance with the Australian Standards for the Protection of Trees on Development Sites (AS 4970-2009), including tree protection fence alignments and areas of ground protection, ie where fencing cannot adequately afford tree protection or access across the TPZ is required. > > d) any other specific tree protection requirements (eg low impact construction measures, arborist supervision if excavation extends beyond a depth of 100mm in a TPZ) or where these cannot be adequately shown reference to more detailed documentation/plans be provided.

1. Prior to the commencement of any building and or demolition works on the land, tree protection measures as detailed on the approved Tree Protection Plan (TPP), must be established and subsequently maintained until completion of all buildings and works, including landscaping, to the satisfaction of the responsible authority.

a) The project arborist must advise the responsible authority in writing that the Tree Protection measures have been installed to their satisfaction; > > b) The TPP must be printed on A2 weatherproof paper; > > c) The TPP must be highly visible on the site and be displayed at the site entry.

1. Prior to the commencement of any works at the site (including demolition and excavation whether or not a planning permit is required), the project arborist must advise the responsible authority in writing that the Tree Protection Fences have been installed to their satisfaction.

1. The location, type and dimensions of the signs, and any supporting structure, as shown on the endorsed plans, must not be altered without the prior written consent of the responsible authority.

1. The signs must be maintained in good condition to the satisfaction of the responsible authority.

1. The signs must not be illuminated by external or internal light.

1. This permit as it relates to signage will expire on 18 September 2074.

The responsible authority may extend the period above if a request is made in writing before the permit expires or within the timeframe specified in Section 69 of the Planning and Environment Act 1987 (Vic).

1. This permit will expire if any of the following circumstances applies:

a) the development is not started within three years of the date of this permit; or > > b) the development is not completed within five years of the date of this permit; or > > c) the use is not started within two years from the completion of the development; or > > d) the use is discontinued for a period of two or more years.

In accordance with Section 69 of the Planning and Environment Act 1987 (Vic), a request may be submitted to the Responsible Authority within the prescribed timeframes for an extension of the periods referred to in this condition.

[1] An addendum to the visual amenity evidence of Mr Zaslavsky was filed with the Tribunal and served on parties on Day 2 to make corrections based upon council enquiries regarding the depiction of landscaping.

[2] The submissions and evidence of the parties, any supporting exhibits given at the hearing and the statements of grounds filed have all been considered in the determination of the proceeding. In accordance with the practice of the Tribunal, not all of this material will be cited or referred to in these reasons.

[3] With the additional information provided in the expert evidence of Mr. Tardio, council advised at the hearing that it no longer seeks to rely upon refusal ground #6 relating to the demonstration of appropriate noise mitigation measures to be implemented.

[4] For the purposes of this decision, the submissions from the respondents have been reported collectively, however each individual's statement of ground or submission has been considered individually. In addition to the respondents, there are also three non-parties whose statement of grounds have been considered and are not distinctly different from matters raised by respondents.

[5] Practice Note of the Victorian Civil and Administrative Tribunal that sets out the process when an applicant wants to amend the application.

[6] [2020] VCAT 45, [74].

[7] [2024] VCAT 781, [33]-[34].

[8] [2020] VCAT 767, [22]-[27].

[9] [2008] VCAT 364, [15].

[11] [2020] VCAT 7, [7].

[12] [2007] VCAT 360, [25]-[28].

[13] [2024] VCAT 781, [33]-[34].

[14] This number does not include the four trees that have already been removed on the basis of the exemption within the Significant Landscape Overlay (Schedule 3). No permit is required to remove, destroy or lop vegetation for a tree within 3 metres of an existing dwelling (excluding outbuildings).

[15] Clause 56 relates to residential subdivision and states 'These provisions apply to an application to subdivide land in the Neighbourhood Residential Zone, General Residential Zone, Residential Growth Zone, Mixed Use Zone or Township Zone and any Comprehensive Development Zone or Priority Development Zone that provides for residential development.'