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[2009] VCAT 1034
Victorian Civil and Administrative Tribunal
2009-06-15
Mr J
Original judgment source is linked above.
Please note that the approval covered under VicRoads consent covers only the works associated with the planning permit application and does not imply the right to:
(a) Connect to utilities, drainage, etc. within the road reserve, relocate services from the property into the road reserve, extend or alter existing utility arrangements within the road reserve.
(b) Carry out any works within the road reserve which may impact roadside vegetation including vegetation removal, and works within the dripline of trees (eg. excavation, stockpiling of materials, etc.).
37.1 Enter into an agreement for the extension, upgrading or re-arrangement of the electricity supply to lots on the plan of subdivision as required by Jemena Electricity Networks (Vic) Ltd. (A payment to cover the cost of such work will be required and easements internal and external to the subdivision and provision of sites for substations may also be required).
37.2 Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Supply and Installation Rules issued by the Local Government Electricity Supply Association (Vic) and Distribution Authorities to the extent determined by Jemena Electricity Networks (Vic) Ltd.
Permit No. D386/ 2008 2-6 Isaacs Street, Preston
(y) A schedule of all external materials and finishes (including colour and material sample boards and coloured elevations) to show materials, colours and finishes to all external walls, roof, fascias, window frames, glazing types, doors and fencing, paving and outbuildings
(z) A set of highly detailed 'typical' elevations to demonstrate 'craftsmanship' in the quality and application of facade finishes and details, including illustrating the design logic supporting the selection of the various components
When approved, the plans will be endorsed and form part of this Permit.
The Responsible Authority may extend the times referred to if a request is made in writing before this Permit expires or within three (3) months after the expiry date.
(a) A certificate of environmental audit must be issued for the land in accordance with Part IXD 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 Part IXD of that Act that the environmental conditions of the land are suitable for its development and use for the purpose of a dwelling.
In the event that a statement is issued in accordance with Part IXD of the Environment Protection Act, all conditions of the Statement of Environmental Audit must be complied with to the satisfaction of the Responsible Authority, before the use of the land at 2-6 Isaacs Street Preston for the purpose of dwellings and an office starts. Written confirmation of compliance with the conditions of the Statement of Environmental Audit must be provided by a suitably qualified environmental professional.
If the conditions of the Statement of Environmental Audit require ongoing maintenance or monitoring, before the use of the land at 2-6 Isaacs Street Preston for the purpose of dwellings and an office starts, the owner of that land must enter into an Agreement with the Responsible Authority under Section 173 of the Planning and Environment Act 1987 to the satisfaction of the Responsible Authority to the effect that, without the written consent of the Responsible Authority:
'All conditions of the Statement of Environmental Audit issued in respect of this land will be complied with to the satisfaction of the Responsible Authority. Written confirmation of compliance with the conditions of the Statement of Environmental Audit must be provided by a suitably qualified environmental professional.'
A memorandum of the Agreement must be entered on the Title to the land and the owner must pay the costs of the preparation and execution of the Agreement and entry of the memorandum on Title.
(a) Details of all existing trees to be retained and all existing trees to be removed, including overhanging trees on adjoining properties. The genus, species, height and spread of all trees must be specified.
(b) A planting schedule of proposed vegetation detailing the botanical name, common name, size at maturity and quantities of all plants.
(c) Details of all surfaces including lawns, mulched garden beds and hard paving (such as asphalt, concrete, brick or gravel).
(d) Street trees within the nature strip/s adjacent to the property.
(e) All constructed items including retaining walls, letter boxes, garbage bin receptacles, outdoor furniture, lighting, clotheslines etc.
(f) Edge treatment between grass (lawn) and garden beds.
(g) An outline of the approved building/s including any basement, the location of entry doors, windows, gates and fences. An outline of buildings on adjoining land, including the location of windows and doors which face the subject site must also be shown.
(h) The location of both existing and proposed overhead and underground services. Conflicts of such services with the existing and proposed planting must be avoided.
(i) Clear graphics identifying trees (deciduous and evergreen), shrubs, groundcovers and climbers
(k) Details of water sensitive urban design strategies i.e. bio-retention/rain gardens.
The species of all proposed plants selected must be to the satisfaction of the Responsible Authority.
(Note: The Responsible Authority recommends the use of Sustainable Tools for Environmental Performance Strategy (STEPS) to rate the development against appropriate environmental performance standards.)
The development must be constructed in accordance with the requirements/recommendations of the Sustainable Design Statement to the satisfaction of the Responsible Authority.
The development must be constructed in accordance with the recommendations of the approved Acoustic Report to the satisfaction of the Responsible Authority.
The external lighting must be designed, baffled and/or located to ensure that no loss of amenity is caused to adjoining and nearby land, to the satisfaction of the Responsible Authority.
Prior to the commencement of buildings and works a catchment analysis is required to be undertaken and submitted for Council consideration to determine if the existing drainage is adequate to cater for the catchment and proposed developments. If drain is not adequate design plans are to be submitted to the satisfaction of the Responsible Authority for stormwater drainage to be upgraded by the developer from the site to the existing 600mm drain at the southern end of Peter Street to Council requirements. The drain is to be of sufficient capacity to cater for the catchment.
Prior to the commencement of buildings and works design plans are required to be submitted to the satisfaction of the Responsible Authority for construction of the right of way to be used for access to the site to Council requirements. The reconstruction of the right of way is to be completed prior to the commencement of the use.
The land must be drained to the satisfaction of the Responsible Authority.
With the exception of guttering, rainheads and downpipes, all pipes, fixtures, fittings and vents servicing any building on the land must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority.
No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building/s without the prior written consent of the Responsible Authority.
Provision must be made on the land for letter boxes and receptacles for newspapers to the satisfaction of the Responsible Authority.
All security alarms or similar devices installed on the land must be of a silent type approved by the Standards Association of Australia and be connected to a registered security service.
Before the use starts areas set aside for the parking of vehicles and access lanes as shown on the endorsed plan(s) must be:
Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose.
Darebin Local Access Guides detailing public transport, walking and cycling routes available from Council.
Please note that the approval covered under VicRoads consent covers only the works associated with the planning permit application and does not imply the right to:
(a) Connect to utilities, drainage, etc. within the road reserve, relocate services from the property into the road reserve, extend or alter existing utility arrangements within the road reserve.
(b) Carry out any works within the road reserve which may impact roadside vegetation including vegetation removal, and works within the dripline of trees (eg. excavation, stockpiling of materials, etc.).
37.1 Enter into an agreement for the extension, upgrading or re-arrangement of the electricity supply to lots on the plan of subdivision as required by Jemena Electricity Networks (Vic) Ltd. (A payment to cover the cost of such work will be required and easements internal and external to the subdivision and provision of sites for substations may also be required).
37.2 Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Supply and Installation Rules issued by the Local Government Electricity Supply Association (Vic) and Distribution Authorities to the extent determined by Jemena Electricity Networks (Vic) Ltd.
(aa) A schedule of all external materials and finishes (including colour and material sample boards and coloured elevations) to show materials, colours and finishes to all external walls, roof, fascias, window frames, glazing types, doors and fencing, paving and outbuildings
(bb) A set of highly detailed 'typical' elevations to demonstrate 'craftsmanship' in the quality and application of facade finishes and details, including illustrating the design logic supporting the selection of the various components
When approved, the plans will be endorsed and form part of this Permit.
The Responsible Authority may extend the times referred to if a request is made in writing before this Permit expires or within three (3) months after the expiry date.
(a) A certificate of environmental audit must be issued for the land in accordance with Part IXD 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 Part IXD of that Act that the environmental conditions of the land are suitable for its development and use for the purpose of a dwelling.
In the event that a statement is issued in accordance with Part IXD of the Environment Protection Act, all conditions of the Statement of Environmental Audit must be complied with to the satisfaction of the Responsible Authority, before the use of the land at 5-9 Blanch Street Preston for the purpose of dwellings starts. Written confirmation of compliance with the conditions of the Statement of Environmental Audit must be provided by a suitably qualified environmental professional.
If the conditions of the Statement of Environmental Audit require ongoing maintenance or monitoring, before the use of the land at 5-9 Blanch Street Preston for the purpose of dwellings starts, the owner of that land must enter into an Agreement with the Responsible Authority under Section 173 of the Planning and Environment Act 1987 to the satisfaction of the Responsible Authority to the effect that, without the written consent of the Responsible Authority:
'All conditions of the Statement of Environmental Audit issued in respect of this land will be complied with to the satisfaction of the Responsible Authority. Written confirmation of compliance with the conditions of the Statement of Environmental Audit must be provided by a suitably qualified environmental professional.'
A memorandum of the Agreement must be entered on the Title to the land and the owner must pay the costs of the preparation and execution of the Agreement and entry of the memorandum on Title.
(a) Details of all existing trees to be retained and all existing trees to be removed, including overhanging trees on adjoining properties. The genus, species, height and spread of all trees must be specified.
(b) A planting schedule of proposed vegetation detailing the botanical name, common name, size at maturity and quantities of all plants.
(c) Details of all surfaces including lawns, mulched garden beds and hard paving (such as asphalt, concrete, brick or gravel).
(d) Street trees within the nature strip/s adjacent to the property.
(e) All constructed items including retaining walls, letter boxes, garbage bin receptacles, outdoor furniture, lighting, clotheslines etc.
(f) Edge treatment between grass (lawn) and garden beds.
(g) An outline of the approved building/s including any basement, the location of entry doors, windows, gates and fences. An outline of buildings on adjoining land, including the location of windows and doors which face the subject site must also be shown.
(h) The location of both existing and proposed overhead and underground services. Conflicts of such services with the existing and proposed planting must be avoided.
(i) Clear graphics identifying trees (deciduous and evergreen), shrubs, groundcovers and climbers
(k) Details of water sensitive urban design strategies i.e. bio-retention/rain gardens.
The species of all proposed plants selected must be to the satisfaction of the Responsible Authority.
(Note: The Responsible Authority recommends the use of Sustainable Tools for Environmental Performance Strategy (STEPS) to rate the development against appropriate environmental performance standards.)
The development must be constructed in accordance with the requirements/recommendations of the Sustainable Design Statement to the satisfaction of the Responsible Authority.
The development must be constructed in accordance with the recommendations of the approved Acoustic Report to the satisfaction of the Responsible Authority.
The external lighting must be designed, baffled and/or located to ensure that no loss of amenity is caused to adjoining and nearby land, to the satisfaction of the Responsible Authority.
Prior to the commencement of buildings and works a catchment analysis is required to be undertaken and submitted for Council consideration to determine if the existing drainage is adequate to cater for the catchment and proposed developments. If drain is not adequate design plans are to be submitted to the satisfaction of the Responsible Authority for stormwater drainage to be upgraded by the developer from the site to the existing 600mm drain at the southern end of Peter Street to Council requirements. The drain is to be of sufficient capacity to cater for the catchment.
Prior to the commencement of buildings and works design plans are required to be submitted to the satisfaction of the Responsible Authority for construction of the right of way to be used for access to the site to Council requirements. The reconstruction of the right of way is to be completed prior to the commencement of the use.
The land must be drained to the satisfaction of the Responsible Authority.
With the exception of guttering, rainheads and downpipes, all pipes, fixtures, fittings and vents servicing any building on the land must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority.
No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building/s without the prior written consent of the Responsible Authority.
All security alarms or similar devices installed on the land must be of a silent type approved by the Standards Association of Australia and be connected to a registered security service.
Provision must be made on the land for letter boxes and receptacles for newspapers to the satisfaction of the Responsible Authority.
Before the use starts areas set aside for the parking of vehicles and access lanes as shown on the endorsed plan(s) must be:
Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose.
Darebin Local Access Guides detailing public transport, walking and cycling routes available from Council.
Please note that the approval covered under VicRoads consent covers only the works associated with the planning permit application and does not imply the right to:
(a) Connect to utilities, drainage, etc. within the road reserve, relocate services from the property into the road reserve, extend or alter existing utility arrangements within the road reserve.
(b) Carry out any works within the road reserve which may impact roadside vegetation including vegetation removal, and works within the dripline of trees (eg. excavation, stockpiling of materials, etc.).
37.1 Enter into an agreement for the extension, upgrading or re-arrangement of the electricity supply to lots on the plan of subdivision as required by Jemena Electricity Networks (Vic) Ltd. (A payment to cover the cost of such work will be required and easements internal and external to the subdivision and provision of sites for substations may also be required).
37.2 Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Supply and Installation Rules issued by the Local Government Electricity Supply Association (Vic) and Distribution Authorities to the extent determined by Jemena Electricity Networks (Vic) Ltd.
Bamfa Nominees
Darebin CC [2009] VCAT 1034