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 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 provided to VCAT in proceeding P3090/2010 under cover of the Norton Rose letter dated 11 April 2011, but modified to show:

(a) The louvered screen to the south elevation extended westwards to the eastern end of the balcony of Apartment 4 on level 2;

(b) Deletion of the louvered screen on the south elevation where it abuts the adjoining building;

(c) Plan notations for the dwellings to incorporate appropriate noise shielding techniques such as use of double glazing or thick glass, sealing of gaps, solid-core doors, insulation and acoustic insulation and deflection surfaces in their construction;

(d) Plan notations for mailboxes;

(e) Plan notations for lighting to main building entries, pedestrian areas & car parks;

(f) All plant, equipment and services (including air conditioning, heating units, hot water systems, etc.) which are to be located externally must be identified on plans;

(g) A detail drawing of the roof plant vertical louver screens, including heights and dimensions;

(h) Design changes and/or ameliorating works as required by the Environmental Wind Assessment pursuant to Condition No. 4 below;

(i) Further details of the wall on the north boundary of the site near the Albert Road frontage where it abuts the existing bluestone wall;

(j) The addition of formal or informal outdoor seating in the public realm adjacent to the lobby entry for the dwellings;

(k) All plan and elevation drawings to be fully dimensioned, including natural ground level, floor levels, and incremental and total wall and building heights and lengths, with heights to be expressed to Australian Height Datum (AHD) and/or reduced levels;

(l) A coloured schedule (2 copies in a form that are able to be endorsed and held on file) of the materials, colours and finishes to be used on the main external surfaces, including roofs, walls, windows, doors, as well as details of a PVF2 UV stable finish for the black powder coated window frames and details of the soffits for each floor level of the proposed building;

(m) The provision of a store for each dwelling to the satisfaction of the Responsible Authority; and.

(n) The plans detailing the proposed integrated urban art treatment required by Condition 3 below.

1. The plans must not be altered or modified for any reason unless the written consent of the Responsible Authority is first obtained.

1. Prior to the commencement of works, plans must be submitted to the Responsible Authority for approval detailing the integrated urban art treatment of the wall on Bowen Lane, and the north and south walls where those walls will be visible from the public domain. Once approved, the plans must be implemented to the satisfaction of the Responsible Authority. The urban art may not be changed without the prior written consent of the Responsible Authority.
2. Environmental Wind Assessment

This permit shall have no force or effect until an Environmental Wind Assessment prepared by a suitably qualified person, which outlines the wind impacts and any necessary design changes and/or ameliorating works for the proposal, is submitted to and approved by the Responsible Authority.

Once submitted and approved, the matters detailed by the Environmental Wind Assessment must be incorporated in the project in accordance with the Assessment to the satisfaction of the Responsible Authority.

Prior to commencement of the buildings and works hereby permitted, a Construction Management Plan shall be submitted to the Responsible Authority and must be to its satisfaction. The Plan shall include details of:

(a) Construction hours;

(b) Control of construction noise to minimise impact on neighbouring properties;

(c) Maintaining cleanliness in abutting streets;

(d) Minimising disruption to pedestrian access along footpaths;

(e) Management of parking of construction worker vehicles (including construction machinery), management of site deliveries and traffic management;

(f) The demolition waste removal process and duration, including the positions of trucks, equipment and rubbish bins, including the on-site storage of waste construction bins as much as practicable during the project's construction stages.

Once submitted and approved the works detailed by the Construction Management Plan must be carried out in accordance with this plan to the satisfaction of the Responsible Authority.

Prior to the commencement of the development hereby permitted, a landscape plan and schedule must be submitted to and approved by the responsible authority. When approved the plan will be endorsed and will then form part of the permit. Landscaping in accordance with such approved plan and schedule must be completed before the commencement of the occupation of the building hereby permitted.

Prior to the occupation of the building(s) allowed by this permit, all new or extended walls on or facing the boundary of adjoining properties and/or the laneway must be cleaned and finished to a uniform standard. Unpainted or unrendered masonry walls must have all excess mortar removed from the joints and face and all joints must be tooled or pointed to the satisfaction of the Responsible Authority. Painted or rendered or bagged walls must be finished to a uniform standard to the satisfaction of the Responsible Authority.

Prior to the commencement of the development, an acoustic report by a qualified acoustic engineer must be submitted specifying how the noise attenuation measures in Condition No. 17 will be met to the satisfaction of the Responsible Authority.

1. Agreement under Section 173 of the Planning and Environment Act 1987

Prior to the completion of the development permitted the owner must enter into an agreement under Section 173 of the Act with the Responsible Authority. The agreement must be in a form to the satisfaction of the Council, and the owner must be responsible for the expense of the preparation and registration of the agreement, including the Council's reasonable costs and expense (including legal expenses) incidental to the preparation, registration and enforcement of the agreement. The agreement must contain covenants to be registered on the Title of the property so as to run with the land. The agreement must require that the owner of the new building approved by this permit procures that the building's body corporate provides within the building an on-going commercial car share scheme, whereby not less than four (4) cars are made available for the use of residents of the apartments in the building by means of a booking system.

Before the development commences a Sustainable Design Statement that outlines proposed sustainable design initiatives must be submitted to and approved by the Responsible Authority. Upon approval the statement will be endorsed as part of the planning permit and the project must incorporate the sustainable design initiatives listed.

1. Waste Management Plan for Higher Density Residential Development.

Prior to the commencement of the development, a Waste Management Plan based on the draft "Best Practice Guidelines for Kerbside Recycling at Multi-Occupancy Residential Developments (Sustainability Victoria June 2006)" must be prepared by a Waste Management Engineer or Waste Management Planner to the satisfaction of the Responsible Authority and endorsed as part of this permit. The Plan must include reference to the following:

• The estimated garbage and recycling generation volumes for the whole development.
• The garbage and recycling equipment to be used and the collection service requirements, including the frequency of collection.
• The location of, proximity, screening of and space allocated both to the garbage and recycling storage areas and collection points.
• The path of access for both users and collection vehicles.
• How noise, odour and litter will be managed and minimised.
• Approved facilities for washing bins and storage areas.
• Who is responsible for each stage of the waste management process.
• How tenants and residents will be regularly informed of the waste management arrangements.
• Responsibility for and management of the placement of bins on the Bowen Lane footpath so as to minimise disruption to traffic and pedestrians.

Once submitted and approved the practices detailed by the Waste Management Plan must be carried out in accordance with the plan to the satisfaction of the Responsible Authority.

Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

All new services to the property including water, electricity, gas, sewerage, telephone and telecommunications (whether by means of a line or cable) must be installed underground and located in a position approved by the Responsible Authority.

All lighting of external areas must be suitably baffled so as not to cause nuisance or annoyance to nearby properties or roads.

All piping and ducting above the ground floor level of the building (except for downpipes and rainwater heads) must be concealed.

Without the written consent of the Responsible Authority, no more than two hundred and ninety one (291) dwellings may be constructed on the land.

Apartment construction noise attenuation measures be designed to achieve internal noise levels not greater than the `Satisfactory recommended values' described in Australia/New Zealand Standard 2107:2000 "Acoustics - Recommended design sound levels and reverberation times for building interiors" to the satisfaction of the Responsible Authority.

1. Incorporation of Noise attenuation Measures

The project must incorporate the noise attenuation measures listed in the endorsed Acoustic Report and shown on the endorsed plans to the satisfaction of the Responsible Authority.

1. Incorporation of Sustainable Design initiatives

The project must incorporate the sustainable design initiatives listed in the endorsed Sustainable Design Report (Revision D prepared by Simpson Katzman, dated 1st October, 2010) to the satisfaction of the Responsible Authority.

Prior to the occupation of the building(s) allowed by this permit, vehicle crossings must be constructed in accordance with Council's current Vehicle Crossing Guidelines and standard drawings and all redundant crossings must be removed and the footpath, naturestrip, kerb and road reinstated as necessary at cost of the applicant/owner to the satisfaction of the Responsible Authority.

Alteration/Reinstatement of Council or Public Authority Assets

Prior to the occupation of the building(s) allowed by this permit, the Applicant/ Owner shall do the following things to the satisfaction of the Responsible Authority:

(a) Pay the costs of all alterations/reinstatement of Council and Public Authority assets necessary and required by such Authorities for development.

(b) Obtain the prior written approval of the Council or other relevant Authority for such alterations/reinstatement.

(c) Comply with conditions (if any) required by the Council or other relevant Authorities in respect of reinstatement.

No equipment, services and exhausts other than those shown on the endorsed plan must be erected above the roof level of the building unless otherwise agreed to in writing by the Responsible Authority.

The project must incorporate the provisions and procedures set out in the endorsed Waste Management Plan to the satisfaction of the Responsible Authority.

Unless otherwise authorised in writing by the Responsible Authority, the car parking allocation for the development approved by this permit must be as follows:

• not less than .56 spaces for each of the studio and one bedroom dwellings with less than 50 square metres of floor area;
• not less than one space for each of the one bedroom dwellings with more than 50 square metres of floor area and each of the two bedroom dwellings;
• not less than 2 (tandem pair) spaces for each of the three bedroom dwellings;
• not less than 2 spaces for each of the two retail tenancies; and
• not less than 4 spaces for the car share scheme.

1. Tandem Parking and Car Stacker Parking Allocation

Each set of tandem car spaces, or pair of vehicle stacker spaces must be allocated to one residential unit respectively.

1. Parking and bicycle areas must be available

Car parking and bicycle areas and access lanes must be kept available for those purposes at all times and must not be used for any other purpose such as storage.

No goods are permitted to be stored or left exposed outside the building so as to be visible from any public area.

The amenity of the area must not be detrimentally unreasonably affected by the development through the:

(a) Transport of materials, goods or commodities to or from the land;

(b) Appearance of any building, works or materials;

(c) Emissions of noise, artificial light, vibration, smell, fumes, smoke, steam, soot, ash, dust, waste water, waste products, grit or oil;

(d) Presence of vermin;

(e) In any other way.

Except with the further written consent of the Responsible Authority, the restaurant (café) use may operate only between the hours of 7.00am and 9.00pm daily.

Without the further written consent of the Responsible Authority no more than sixty two (62) patrons may occupy the restaurant premises during operating hours.

Without the further written consent of the Responsible Authority not less than forty six (46) chairs must be available to restaurant patrons at all times.

The food premises kitchen mechanical exhaust system must be constructed in accordance with the Australian Standard number 1668 and/or to the satisfaction of the Regulatory Authority.

Any food premises kitchen exhaust system must provide for a vertical discharge to the atmosphere at a point and velocity which allows for effective dispersal of fumes so as to not create a nuisance (as defined under the Health Act 1958) to the surrounding amenity.

Fumes from any cafe/restaurant kitchen(s) must be treated within the mechanical exhaust system to ensure that any discharge does not create a nuisance (as defined under the Health Act 1958). Options available include carbon filters, ultra violet ozone producing lamps, electrostatic precipitation, odour neutralising system or other suitable method. The method of treatment must be designed, installed, operated and maintained to the satisfaction of the Responsible Authority.

No disposal of bottles or drink containers may take place after 10.00pm or before 8.00am on any day of the week, unless with the further consent of the Responsible Authority.

1. Noise Levels State Environment Protection Policy N-1

Noise levels from the development, including noise from any air conditioning and refrigeration plant must not exceed the permissible noise levels stipulated in State Environment Protection Policy (SEPP) No. N-1 (Control of Noise from Industrial Commercial and Trade Premises within the Melbourne Metropolitan Area).

The level of noise emitted from the restaurant premises must not exceed the permissible levels specified in the State Environmental Protection, Policy (Control of Music Noise from Public Premises) No. N-2.

Without the further consent of the Responsible Authority, no form of public address system or sound amplification equipment must be used on the premises so as to be audible outside the premises.

No external amplified equipment, loud speakers or public address system shall be used in conjunction with the restaurant use hereby permitted.

1. Regulation of deliveries and rubbish collection

Without the further consent of the Responsible Authority, deliveries to and from the restaurant and convenience shop, and rubbish collection from the commercial uses and the dwellings must only take place between:

This permit will expire if one of the following circumstances applies:

• The development is not started within two (2) years of the date of this permit.
• The development is not completed within four (4) years of the date of this permit.
• The Convenience shop and Restaurant (Cafe) uses are not commenced within two (2) years of the date of completion of the development (with completion defined as the issue of a Certificate of Occupancy for the building).

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.

This permit does not authorise the commencement of any building construction works. Before any such development may commence, the applicant must apply for and obtain appropriate building approval.

The applicant/owner will provide a copy of this planning permit to any appointed Building Surveyor. It is the responsibility of the applicant/owner and Building Surveyor to ensure that all building development works approved by any building permit is consistent with this planning permit.

The developer must show due care in the development of the proposed extensions so as to ensure that no damage is incurred to any dwelling on the adjoining properties.

Except in the case of an emergency, a builder must not carry out building works outside the following times, without first obtaining a permit from Council's Local Laws Section:

An after hours building works permit cannot be granted for an appointed public holiday under the Public Holidays Act, 1993.

The legal point of stormwater discharge for the proposal must be to the satisfaction of the responsible authority. Engineering construction plans for the satisfactory drainage and discharge of stormwater from the site must be submitted to and approved by the responsible authority prior to the commencement of any buildings or works.

This permit relates only to the use and development of the land and does not comprise an approval for the erection of any advertising signs. The location and details of any advertising signs to be erected on the land and not exempt pursuant to the Port Phillip Planning Scheme, must be the subject of a separate planning permit application.

The applicant must consult with Council's Waste Management Department regarding the location of waste bins and collection options.

During the construction of the buildings and works allowed by this permit, the roads and laneway(s) adjacent to the subject land must be kept free of parked or standing vehicles or any other obstruction, including building materials, equipment etc. so as to maintain free vehicular passage to abutting benefiting properties at all times, unless with the written consent of the Responsible Authority.

Any air conditioning plant must be screened and baffled and/or insulated to minimise noise and vibration to other residences in accordance with Environmental Protection Authority Noise Control Technical Guidelines as follows:

(a) Noise from the plant during the day and evening (7.00am to 10.00pm Monday to Friday, 9.00am to 10.00pm Weekends and Public Holidays) must not exceed the background noise level by more than 5dB(A) measured at the property boundary;

(b) Noise from the plant during the night (10.00pm to 7.00am Monday to Friday, 10.00pm to 9.00am Weekends and Public Holidays) must not be audible within a habitable room of any other residence (regardless of whether any door or window giving access to the room is open).

The owners and occupiers of the development allowed by this permit will not be eligible for Council resident or visitor parking permits.

Prior to the installation of the bike racks on the footpath, the location must be approved by Council's Traffic Engineer and two copies of a street layout plan must be submitted indicating the agreed location of the bike racks to the satisfaction of the Responsible Authority.

Any parking infringement relating to the proposed development may be reported to Council's Parking Enforcement Section on 9209.6751 (B.H.) or 9209.666 (A.H.)

A cross-over permit must be obtained from Council (contact 9209.6216) prior to the carrying out of any vehicle crossing works.

The restaurant use hereby permitted must remain a restaurant as defined in the Port Phillip Planning Scheme, throughout the trading hours hereby permitted, and is not permitted to transform to a bar, tavern or hotel at any time except with the prior approval of Council

Any outdoor seating outside the Title boundary and associated with the premises is required to comply with any permit issued by Council's Local Laws section.

All food premises must comply with the Food Act 1984 and the Food Standards Code and must be registered with Council's Health Department prior to use

Approval may be required from other Council Departments (where relevant) before the proposal may commence. The following contact details are provided for your assistance:

[2] That is, production must occur of those aspects of the requisite written legal advice which are relevant to either the appeal site and/or how the DDO4 should be interpreted.

[3] We refer here to Bensons Property Management Group v Boroondara CC [2011] VCAT 533 at paragraphs 28-33, Broadland Capital Pty Ltd v Port Phillip CC & Ors [2010] VCAT 1007 and Burbank Property Group v Hume CC [2011] VCAT 379 at paragraphs 40-41.

[4] Also see Albert Park HO3, the South African Soldiers Memorial HO12, the MacRobertson Girls High School HO176, 42 Albert Road HO334 and the Bowen Crescent Public Reserve HO349.

[5] See paragraph 22 of Mr Hutson's written report.

[8] See page 5 of Mr de Keijzer's report.