2. The Responsible Authority must issue a permit for:

* Construction of a multi level residential development comprising 35 dwellings and ancillary car parking in accordance with the endorsed plans and elevations.

* A small licensed, convenience restaurant at ground floor level.

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 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 titled "Post VCAT" version dated 31 October 2003 by Jackson Clements Burrows Architects (A1.01, A1.02, A1.03, A1.04, A1.05, A3.01 and A3.02) but modified to show:

a) Nomination on elevation A3.02 and related floor plans the setback and height of the upper level of dwelling 31 (either height may be adopted provided the corresponding setback is applied).

b) The front cars outside the site reflecting the true location of street trees and features (as recently modified) on Plan A1.02.

c) Further detail on the security entry door on the first floor level which allows for air circulation from the entry stair onto the first floor lobby area.

d) Detail, specifications and location of rainwater collection tanks.

e) Detail, specification and location of air conditioning plant outside any dwelling.

f) Car parking layout and access modified to show dimensions of all car parking spaces (including width of bays, aisles and clearance to columns).

g) The provision of on site car parking and car parking allocation schedule in accordance with the following rates:

(i) Minimum of 1 space per 1 and 2 bedroom/s dwelling;

(ii) Minimum of 2 spaces per 3 bedroom dwelling; and

(iii) One car space for the convenience restaurant or commercial occupation on the ground floor.

h) A storage schedule detailing the provision of a minimum of 6 cubic metres of secure storage for each dwelling.

i) Detail and provision of secure and lockable on site bike parking within the building to the satisfaction of the Responsible Authority.

j) A schedule of all external materials, finishes and colours (including colour samples), showing the materials, colour and finish of all external walls, roof, fascias, window frames, glazing types, doors and paving (including car parking access surfacing). The schedule must not include the use of reflective glass or reflective roofing material. Schedule to be accompanied by minimum one set of coloured elevations.

k) A schedule of construction materials and finishes to be used in insulating all dwellings against the transmission of airborne and impact generated sound emanating external to the subject site to the standard required by Part F of the Building Code of Australia (being the standard relating to noise transmission between sole-occupancy units).

2. The location of all airconditioning units and related plant shall be sited so that they are not visible from any street surrounding the site and they are located to avoid noise nuisance to the satisfaction of the Responsible Authority. Any roof mounted air conditioning units shall be screened to the satisfaction of the Responsible Authority.

3. The development must accord with the endorsed plans. Any alterations must be approved by the Responsible Authority.

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

5. The layout of the uses on the endorsed plans must not be altered without the written consent of the Responsible Authority.

6. All piping and ducting other than gutters, spouting and downpipes above the ground floor level of the building must be concealed.

7. All public works must be carried out at the cost of the permit holder, to a standard of construction to the satisfaction of the Responsible Authority and be completed prior to the issuing of a certificate of occupancy, or by such later date as consented to in writing by the Responsible Authority.

8. Before the residential use commences or before the construction or carrying out of buildings and works in association with the residential uses commences, either:

a) Certificate of Environmental Audit or a statement indicating the land is suitable for residential use must be issued for the land in accordance with Section 57AA(5)(b) of the Environment Protection Act 1970; or

b) An environmental auditor appointed under the Environment Protection Act 1970 must make a statement in accordance with Section 57AA(S)(b) of the Act that the environmental conditions of the land are suitable for the proposed sensitive use.

Audit to be Carried Out and confirmed in writing.

9. Prior to the occupation of dwellings a letter must be submitted to the Responsible Authority by an Environmental Auditor accredited with the EPA, to advise that all construction and remediation works necessary and required by an environmental audit or statement have been carried out.

10. Any soil removal from the site during the construction phase should comply with EPA requirements for off-site disposal for potentially contaminated soil (i.e. EPA Publication No. 626, October 1998).

11. All areas set aside for parked vehicles and access lanes as shown on the endorsed plans must be:

b) Formed to levels, constructed, tine marked, seated, illuminated and drained to specifications approved by the Responsible Authority; and

(c) Maintained at ail times to the satisfaction of the Responsible Authority.

12. Any existing vehicular crossing made redundant by the building and works depicted on the endorsed plans must be broken out and re-instated as standard footpath and kerb and channel to the approval and to the satisfaction of the Responsible Authority and at the permit holder's expense.

13. Any new vehicular crossings must be constructed to Council's standard vehicular crossing specification.

14. All damaged road(s) and footpath(s) adjacent to the development site must be reinstated to the satisfaction of the Responsible Authority.

15. Rubbish, including bottles and packaging material and recyclables, must at all times be stored within the building and screened from external view. All waste and recycling collection must be provided by private contractors from within the development and must not be undertaken between the hours of 10.00 pm and 7.00am.

16. Prior to the occupation of any dwelling, evidence to the satisfaction of the Responsible Authority must be provided to the Responsible Authority to show that the dwelling in question, achieves a four star First Rate energy rating applying the SEAV, First Rate House Energy Rating Software. All dwellings in the redevelopment must achieve a 4-star rating.

17. Prior to commencement of development, the Applicant must submit to the Responsible Authority for approval, a site plan showing; the location of all pits and meters (which must be located within the subject site, be adjacent to the building lines and be easily accessible).

18. Any storm water drainage within the property must be, provided and be connected to the nearest Council pit of adequate depth and capacity, to the satisfaction of Council.

19. Redundant drainage outfalls must be removed and reinstated to Council's satisfaction.

20. Prior to the commencement of construction or any works on the site (including demolition and material removal) the applicant must submit for approval to the Responsible Authority, a Construction Management Plan in line with the requirements of the City of Yarra's Building Code of Practice. The plan must address, but not be limited to following:

a) Site contamination and disposal of contaminated matter;

b) Containment of dust, dirt and mud within the site and method and frequency of clean up procedures in the event of build up of matter outside of the site;

e) Delivery and unloading points and expected frequency;

f) A liaison officer for contact by residents and the Responsible Authority in the event of relevant queries or problems experienced; and

g) An outline of requests to occupy public footpaths or roads, or anticipated disruptions to local services.

21. During the construction phase of the development, the following conditions must be met:

a) Only clean rainwater must be discharged to the stormwater drainage system;

b) Stormwater drainage system protection required to ensure that no solid waste, sediment, sand, soil, clay or stones from the premises enters the stormwater drainage system.

c) Vehicle borne material from the premises must not accumulate on the roads abutting the site;

d) All machinery and equipment must be cleaned (if required) on site and not on adjacent footpaths or roads;

e) All litter (including items such as cement bags, food packaging and plastic strapping) must be contained within the site boundaries, and disposed of responsibly; and

f) All site operations must comply with the Environmental Protection (Residential Noise) Regulations 1997.

22. Except with the written consent of the Responsible Authority, demolition, or construction works must only be carried out between: 7 am - 6 pm, Monday - Friday (excluding public holidays) and 7am - 3 pm, Saturday and public holidays. No works are to be carried out on Sundays, ANZAC Day, Christmas Day or Good Friday without a specific permit. All site operations must comply with the relevant Environment Protection Authority's Guidelines on Construction and Demolition Noise.

23. The Convenience restaurant must not operate any later than 10 pm any evening of the week, without the further written consent of the Responsible Authority.

24. The Convenience restaurant must not contain more than 18 seats or stools at any time.

25. No amplified music must be audible external to the Convenience restaurant.

26. The use of the land for Convenience restaurant must not adversely affect the amenity of the neighbourhood, including through the:

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

c) Emission of noise, light, vibration, odour, fumes, smoke, waste products or other like substances; and

d) Noise or other disturbances associated with arrival or departure of customers.

27. This permit will expire if the use of development is not commenced within two years from the date of this permit. All development must be completed within four years of the date of this permit. The Responsible Authority may approve extensions to these time limits, if requests are made within three months of expiry.

* Professor P Goad, Architectural Historian and design critic

Mr Ray also read out an objection from Mr D Polya. Ms S Pfunt made a brief submission on behalf of A Cox.

1. On 10 October 2003 the Tribunal provided its preliminary decision which in essence gave the Applicant an opportunity to revise the development plans and elevations to address various matters raised in the Application for Review.

2. The Tribunal sought the following modifications:

(a) The upper level of dwelling 31 setback at least 6 metres from the Victoria Street property boundary.

(b) Provision for natural light and ventilation to bedrooms to studio Units 2,7,10 & 15.

(c) Relocation of the roller door to the basement onto the Victoria Street frontage.

(d) Provision of an open security grille to the first floor entrance lobby.

(e) Deletion of all areas of balconies protruding over the allotment boundary.

(f) Nomination of likely positioning of external future individual airconditioning plant (which must not be visible to pedestrian using adjoining streets, including the rear laneway).

3. The Applicant subsequently notified the Tribunal and all parties that it intended to address the matters raised in the Tribunal's decision and circulated plans and elevations as directed in the Tribunal's Order. The Applicant had also advised that it had shown two alternative setback treatments for Dwelling 31. One met the Tribunal's direction, the other provided an different design solution.

4. Following the circulation of the plans and elevations the Tribunal received one submission from the City of Yarra. We will repeat the relevant parts of that correspondence, which stated:

(a) The upper level of dwelling 31 setback at least 6 metres from the Victoria Street property boundary.

The submitted plans indicate that the applicant is able to comply with this requirement. The applicant has also put forward an alternative option which proposes to decreases the setback specified by the Tribunal in combination with a reduction in height of unit 31. Council considers that the alternative put forward by the applicant is generally consistent with the objective of the Tribunal but would be improved by increasing the setback to 5 metres (with the 500mm reduction).

(b) Provision of natural light and ventilation to bedrooms to studio units 2, 7, 10 and 15.

The plans have been revised to indicate the bedrooms moved to the extremities of the building in lieu of the dining areas and acceptably achieves the Tribunal's objective.

(c) Relocate the roller door to the basement onto the Victoria Street frontage.

The roller door has been relocated to the Victoria Street frontage and nominated as perforated metal to match precast concrete panels to either side. This revision adequately responds to the matters raised by the Tribunal.

(d) Provision of an open security grille to the first floor entrance lobby;

I note that this item has not been depicted on the revised plans submitted for consideration but understand that it is to be ah open security grille in the same location as the currently depicted secure entry and intercom. It may be appropriate for he detail of this requirement to be shown on any amended plans and to be to the satisfaction of the Responsible Authority.

(e) Deletion of all areas of balconies protruding over the allotment boundary;

All balcony areas protruding over the allotment boundary have been deleted in accordance with the direction of the Tribunal.

(f) Nomination of likely positioning of external future individual air conditioning plant (which must not be visible to pedestrians using adjoining streets including the rear laneway).

Air conditioning units have been nominated within the ground floor car park, in the light well for units 1 and 8, on the terrace adjacent to unit 22 and unit 17, on the terraces for units 29 and 32 on the roof. In general the nominated location is appropriate, however the following is noted:

* The air conditioning unit for dwelling 23 should be located away, from the bedroom window of dwelling 22 and adjacent to unit 23.

* Screening should be provided to the roof mounted air conditioning units.

The revisions have resulted in the decrease of available private open space areas and dimensions, for example units 9, 16, 18 and 25 that have decreased in width in addition to the deletion of the overhanging balcony areas. Consequently open space area available to these dwellings is very compact and in the case of south facing open spaces limited in daylight penetration.

The decreased western setback at the second and third floor levels is acceptable having regard to the nature of the adjacent land use and the zoning. It is noted that this modification in part has a balancing effect on the building by de-emphasising the 'stepped' effect toward the eastern boundary.

5. The Applicant subsequently responded to the Responsible Authority's submission and acknowledged a number of the matters raised by the Responsible Authority. It advised that its client accepted the proposed changes and suggested this matter could be dealt with by conditions on permit.

6. With regard to the Responsible Authority's concerns about the size of balconies, it advised "... in this respect all balconies have a minimum dimension of 1.6 metres and are able to comfortably accommodate a table and chairs, with only six balconies being less than 5 square metres in area, 19 apartments having a balcony at least 6 square metres in area and an average balcony area of 9.8 square metres.

Further it is submitted that those apartments which have the smaller balcony areas (Apartments 1, 8, 9 and 16) are the smaller one bedroom apartments. The useability of the balcony areas is also increased by the ability of both abutting edges of the apartment (ie. living and dining areas) to open onto the balcony. In addition the balcony to Apartments 1 and 8 is supplemented by a secondary courtyard/lightwell which the bedroom of each apartment opens on to...."

7. We consider that the revised plans and elevations have addressed the concerns raised in our decision and that they appropriately respond to Part 3 of our Order dated 10 October 2003. We will provide further comment on the outstanding matters raised by the Responsible Authority.

8. We acknowledge the alternative design options provided for the setback of Dwelling 31 and we consider the Applicant can choose either option for the setback of this dwelling using the logic depicted in the elevation on Drawing A3.02. That is, if the building extends to its full height, it must be set back 6 metres or if it is lowered by 500mm (as shown), then it may set back 4.5 metres from the frontage of the building. We consider this matter can be appropriately addressed in Condition 1(a) and be left to the Architect and Owner to nominate which height they will wish to proceed with. We remark however that we consider the lower height, and the subsequent encroachment within the 6 metre nominated setback distance would provide for a better living area to the top level of dwelling 31.

9. We have required Condition 1(b) so as to seek further detail on an amended plan to ensure air circulation through the security door feature so as to achieve appropriate air circulation through the building.

10. We note that through our direction all balcony protrusions have been omitted and this would obviate the need for a Section 173 Agreement as initially sought by the Responsible Authority.

11. We are generally satisfied with the size of the balconies having regard to the size of the dwellings they serve. Accordingly we accept the submission from Mr Twite of SJB Planning in this regard.

12. We have inserted a new condition (No. 2) to address airconditioning units and more particularly the airconditioning units for Dwellings 22 and 23 in accordance with the suggestion by the Responsible Authority.

13. We have adjusted a number of the conditions referred to in the draft conditions supplied by the Responsible Authority having regard to the changes we directed in the Order of 10 October 2003 and the remarks made by Mr Pitt at the conclusion of the review hearing.

14. We have simplified the car parking provision and consider that allocation of car spaces is best left to the building manager/agents/owners rather than requiring such allocation to be forwarded to the Responsible Authority. We do this having regard to our observations that the overall car parking allocation for the proposed development is reasonable. Similarly we have omitted matters relating to engagement of a traffic management consultant because we do not consider any further works are required to Victoria Street. If the Applicant feels a need to undertake such works it must do so through proper channels with the Council.

15. Accordingly the Responsible Authority's decision is set aside and it is directed to issue a permit in accordance with this Order.