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[2009] VCAT 2324
Victorian Civil and Administrative Tribunal
2009-11-05
Original judgment source is linked above.
plans submitted at the VCAT hearing on 1 October 2009 dated 15 September 2009 drawing numbers 00A and 01A prepared by Desypher
but modified to show to the satisfaction of the Responsible Authority:
The use and /or development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.
Prior to the endorsed plans being made available a bank guarantee or bond of $2000 must be lodged by the owner/applicant with the Responsible Authority to ensure the satisfactory establishment of landscaping works. Once landscaping has been completed in accordance with the endorsed landscaping plan, a 12 week establishment period will commence. The bank guarantee or bond will be returned after landscaping has been initially maintained for that period to the satisfaction of the Responsible Authority. After the establishment period, the landscaping must be maintained in accordance with the endorsed landscaping plan to the satisfaction of the Responsible Authority.
All landscaped gardens and planting shown on the endorsed plan must be maintained to the satisfaction of the Responsible Authority and must not be used for any other purpose
Panel beating, spray painting, heavy mechanical repairs, vehicle wrecking and similar activities must not be carried out on the land.
No vehicle offered for sale by the proprietor, may be parked or left in any adjacent street.
The use may operate only between the hours of Monday to Friday 9 am - 5pm and Saturday-Sunday 9 am - 6pm, unless otherwise consented to in writing by the Responsible Authority.
The driveway serving the customer's car park must be left open at all times during business hours and must not be used for any purpose other than providing vehicular access.
The buildings permitted by this permit must not be used for the storage of dangerous, hazardous or explosive goods, materials or substances.
If washing of vehicles is to be undertaken on site, plans must be submitted prior to commencement of this activity, showing the following to the satisfaction of the Responsible Authority:
When approved these plans will be endorsed and will than from part of the permit.
Washing of vehicles on site may only take place in a vehicle washing bay approved pursuant to condition 10 of this permit.
The site must be kept in an ordered and tidy state and its appearance must not prejudicially affect the amenity of the area.
A street number contrasting in colour to the background must be fixed at the front boundary of the property as near as practicable to, or on the letterbox.
The land must be drained to the satisfaction of the Responsible Authority in accordance with drainage plans approved by the Responsible Authority.
The amenity of the area must not be detrimentally affected by the use or development for any reason including through the:
The location and details of signs shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.
All signs must be located wholly within the boundary of the land.
Signs must not be illuminated by external lights except with the written consent of the Responsible Authority.
The signage hereby approved expires fifteen years after the date of the permit issued.
This permit will expire if one of the following circumstances applies:
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.
[1] The permit trigger for the sign is addressed later in this decision.
[2] Under s 77 of the Planning and Environment Act 1987.
[3] To Hobsons Bay Planning Scheme gazetted 23 December 2008.
[4] The review site is in the area indicated as Williamstown North on Map 4 that was part of clause 21.09 prior to the approval of Amendment C33.
[5] Both these documents are by Hobsons Bay City Council and dated June 2008.
[6] At clauses 21.09 and 22.02 of the Scheme.
Alhouli
Hobsons Bay CC [2009] VCAT 2324