1. Before the development starts, three copies of amended plans drawn to scale and dimensioned, 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 generally in accordance with the revised plans signed by the Mediator and handed to the representative for the Responsible Authority, modified to show:

a) Levels to AHD and finished floor levels to be submitted, confirming that no part of the finished ground floor levels exceed 500mm above natural ground level measured directly below.

b) All wall heights above ground level to be nominated on the plans, with maximum 3m on the boundary.

c) All paving (except driveways and steps) to be porous - pavers to be laid on compacted sand.

d) All plant and equipment (including airconditioning units, heating units, hotwater systems, etc) are to be identified and located to the satisfaction of the Responsible Authority.

e) The proposed landscape treatment of the site including the location of all existing and proposed species shall be prepared by an experienced landscape architect. A canopy tree shall be located at the junction of Units 1 and 2 on the north side.

f) provide between Units 1 and 2 a re-entrant area not less than 1.2m wide x 1m deep to provide articulation separating the units.

g) The south portion of the front setback to Dwelling 1 set back a minimum of 7m from street alignment to front of garage and 6m setback to bedroom 1.

h) A replanned Unit 2 with bedrooms 2 and 3 to be 1.2m minimum off the boundary and use made of the 1.4m space to abut Unit 1.

i) The fence abutting the north elevation at the west end shall be set back 0.5m from the west facade and be constructed as 1.2m high picket fence.

j) A masonry retaining wall shall be provided to retain the existing garden to west and north boundaries. Any 1.2m high picket fence that may be provided to west and north boundaries with splayed corner so the fence extends 6.5m on the north boundary from the street corner, shall suit the overall landscape design.

k) The drive ramp grade shall conform to the Australian Standard.

l) The crossover to Unit 2 shall be to the satisfaction of the Responsible Authority.

2. A schedule of all external materials and finishes shall be submitted to the satisfaction of the Responsible Authority prior to the commencement of any buildings and works on the land. The schedule shall show the materials, colour and finish of all external walls, roof, fascias, window frames, and paving (including car parking surfacing).

3. The use and/or development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

4. Before the use and/or development starts, a site layout plan drawn to scale and dimensioned must be approved by a Building Practitioner registered under the Building Act 1993 and submitted to the Responsible Authority.

a) a drainage scheme providing for the collection of stormwater within the site and for the conveying of the stormwater to Council's nominated point of discharge to the satisfaction of the Responsible Authority.

5. Before occupation all buildings and works specified in this permit must be completed to the satisfaction of the Responsible Authority. The Responsible Authority must be advised in writing when all construction and works are completed to enable the site to be inspected.

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

a) The development and use is/are not started within two years of the date of this permit.

b) The development is not completed within four years of the date of this permit.

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.

7. Street numbers contrasting in colour to the background shall be fixed at the front boundary of the property as near as practicable to, or on the letterboxes. Separate unit numbers shall be placed adjacent to the front entrance of each dwelling, such numbers to be clearly legible from the access driveway.

8. All service pipes, (excluding downpipes), fixtures and fittings must be concealed on exposed elevations to the satisfaction of the Responsible Authority.

9. The alterations of soil levels involving an increased or decreased level at the boundaries must be retained by the provision of an adequate retaining wall, constructed of brick or masonry or other suitable alternative approved by the Responsible Authority, to buttress the soil against the possibility, of shift. The construction of this retaining wall shall be the sole responsibility of the developer.

10. All brickwork on or facing the boundaries of the site must be raked and cleaned or rendered or bagged and painted to the satisfaction of the Responsible Authority.

11. Before the use and/or development starts, areas set aside for parked vehicles and access lanes as shown on the endorsed plans must be:

a) constructed to the satisfaction of the Responsible Authority;

b) properly formed to such levels that they can be used in accordance with the plans;

c) surfaced with an all-weather sealcoat to the satisfaction of the Responsible Authority; and

d) drained, maintained and not used for any other purpose to the satisfaction of the Responsible Authority.

Parking areas and access lanes must be kept available for these purposes at all times.

12. Before the development hereby permitted starts three copies of a site layout plan draw, to scale and dimensioned must be submitted to and approved by the Responsible Authority. The plan must show the proposed landscape treatment of the site including the location of all existing and proposed species. When approved the plan will be endorsed and will then form part of the permit.

13. Prior to the use allowed by this permit starting or the occupation of the building hereby permitted, landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority.

14. All existing vegetation shown on the, endorsed plans must be suitably marked before my development starts on the site and that vegetation must not be removed, destroyed or lopped without the written consent of the Responsible Authority.

15. All basic services, including water, electricity, gas, sewerage and telephone, shall be installed underground and located to the satisfaction of the Responsible Authority.

* A permit must be obtained from Council for all vehicular crossings. These must be constructed under Council's supervision for which 24 hours notice is required.

* Building approval must be obtained prior to the commencement of the above approved works.

* Consultation should take place with Council respect of the removal of the vehicular crossing and reinstatement works.

* The existing street tree/s must not be removed or damaged.

* Reticulated sewerage must be provided to the requirements of the Sewerage Authority.

Ms. Marcelle Ganly, Urban Planner, appeared for the Responsible Authority.

Mr. N.J. Telfer appeared in person as Respondent/Objector.

Mr. Colin Bowden, Principal of Bowden Verhoeven, Planning Consultant, appeared for the Applicant and was assisted by Mr. D. Atkinson.

Application under Section 77 of the Planning and Environment Act 1987 for review of a decision by Bayside City Council to refuse to grant a permit for a dual occupancy development at 14 Tulip Grove, Cheltenham.

The land is located within a Residential 1 Zone under the Bayside Planning Scheme.

1. The proposal does not complement the streetscape and neighbourhood character.

2. The proposal will create unreasonable visual bulk to the streetscape of Tulip and Gilford Groves.

3. The development provides minimal facade articulation to the street frontages.

4. The proposal is an overdevelopment of the site.

5. The proposed development is contrary to the spirit and intent of the Good Design Guide.

1. The proposal is appropriate having regard to the streetscape and neighbourhood character.

2. The proposal will not create unreasonable visual bulk.

3. The proposal is not an over development of the site.

4. The proposal is appropriate having regard to the criteria and objectives of the Good Design Guide.

1. The proposal does not complement the streetscape and neighbourhood character.

2. The proposal will create unreasonable visual bulk to the streetscape of Tulip and Gilford Groves.

3. The proposed development is contrary to the spirit and intent of the Good Design Guide.

4. The proposal will add to existing dangerous traffic conditions and create dangerous conditions.

This Application for Review is one brought by a permit applicant against a decision of Bayside City Council to refuse to grant a planning permit for a single storey dual occupancy development at 14 Tulip Grove, Cheltenham.

At mediation and as recorded in the Record of Settlement, signed by the parties, it was agreed that a planning permit should issue subject to some modification of the design and to conditions. The agreed conditions have been appended to the Record of Settlement.