Victorian Civil and Administrative Tribunal|2009-06-15|Before: Mr J

The applicant must supply a comprehensive Travel Plan for the site to be approved by the Responsible Authority. The Travel Plan must articulate how the developer intends to promote sustainable travel behaviour by individuals travelling to and from the site.

The Transport Impact Assessment is to be revised to the satisfaction of VicRoads. The Assessment will review issues related to directional distribution and splits, traffic operation and safety at the Bell Street/Blanch Street intersection, refuse collection and vehicle access to Site 3, and modifications to the right turn lane on Bell Street at St Georges Road (east approach).

A construction and traffic management plan is required to be submitted to and approved by the VicRoads prior to any works on site.

Work site traffic management practices must be in accordance with the Australian Standards AS 1742.3-2002 "Manual of uniform traffic control devices - Part 3: Traffic control devices for works on roads ".

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.).

Any graffiti that appears on the building must be cleaned by the landowner as soon as practicable to the satisfaction of the Responsible Authority. The cost of cleaning the graffiti must be paid by the landowner.

The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Jemena Electricity Networks (Vic) Ltd in accordance with Section 8 of that Act.

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

Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to, and approved by, the Responsible Authority. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans submitted with the application (identified as Drg No. TP1.01, TP1.02, TP1.03, TP1.04, TP1.05, TP1.06, TP1.07, TP1.08, TP1.09, TP2.01, TP2.02, TP2.03, TP2.04, TP3.01, TP3.02, TP3.03, Rev A, Project Title: Site 1, dated 1.08.08, prepared by Rothe Lowman) but modified to show:

(a) The seventh and eighth floors (levels 5 and 6 on the plans respectively) are to be altered in the following manner: 1. Setback a further 1.2m from the south-west and glazed in order to appear as a lightweight or recessive element. 2. Dwellings 5.08, 5.09, 6.06 and 6.07 and their terraces are to be redesigned to have an external appearance of a lightweight/glazed element to the building. 3. The façade materials to the west and south elevations of Dwellings 5.08, 5.09, 6.06 and 6.07 are to be altered to provide a lightweight glazed "box-like" design.
- (b) Reflectivity of glazing should be further detailed on plans to the satisfaction of the Responsible Authority.
- (c) The floor level of all residential units and unit entries facing Isaac Street should be reduced to no greater than 600mm above footpath level.
- (d) Pedestrian visibility splays must be kept clear of all obstructions. This can be achieved by the provision of a 2m wide raised/segregated footway along the eastern side of the laneway, reduce the width of the laneway available to vehicles to 5m (as per Clause 52.06 of the planning scheme), and deliver a footway on the western side of the laneway of 1.3m. The width of the crossover at the front of the site must then be changed to reflect the reduced laneway width (5m).
- (e) The type/types of treatment that will be used to facilitate pedestrian trips between Bell Station and the main pedestrian entrance to the site.
- (f) The bicycle parking shown on the basement level 3 is to be labelled as residential cycle parking only.
- (g) At least seven (7) residential visitor cycle parking spaces near the main "Entry Lobby" of the site.
- (h) All 13 of the residential cycle spaces in the ground floor parking area instead of basement level 3. These spaces must be provided either in a bicycle locker or at a bicycle rail in a secure compound in accordance with Clause 52.34-3 of the Darebin Planning scheme.
- (i) All bicycle parking spaces must comply with Clause 52.34-4 of the planning scheme. The cycle parking envelope must not encroach on vehicle reversing areas as it does within the basement level 3.
- (j) Any alterations required in accordance with the Travel Plan required in condition 27 of this permit.
- (k) How the design will manage the level splits within the basement car parking.
- (l) Appropriate treatment of the eastern right of way with paving and landscape treatments.
- (m) All balconies with a minimum area of 8m2 and a minimum dimension of 1.6m.
- (n) The rainwater tank that has been specified (40,000 Litre).
- (o) The number and location of toilets that will use this tank water for flushing.
- (p) Natural lighting and ventilation including window operations, awning or sliding elements of windows.
- (q) Provision of one (1) external storage area in the basement for each dwelling.
- (r) Details of location of the mailboxes.
- (s) Internal bedrooms to studios are to have glazed panels allowing daylight from the living areas.
- (t) Detail of the type, location of any air-conditioning, plant and equipment and any screening to these services.
- (u) Location and height of a single communal antenna for the apartment building, sufficient to service the needs of future occupants.
- (v) No portion of the building located outside the title boundaries to the land.
- (w) A Landscape Plan in accordance with Condition No. 7 of this Permit.
- (x) Modifications in accordance with the Sustainable Design Statement (refer to Condition No. 11 of this Permit).

(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 development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.

The layout of the use(s) as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.

This Permit will expire if:
- The development does not start within three (3) years from the date of this Permit; or
- The development is not completed and the use has not started within five (5) years of the date 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.

The owner must ensure that the materials and finishes as approved under this permit are incorporated into the construction of the building to the satisfaction of the responsible authority.

As part of the consultant team an experienced architect must be engaged to oversee the design intent and construction quality to ensure that the design and quality and the appearance of the approved building is maintained

Prior to the issue of a building permit for any building or any works authorised by this permit, a development levy must be paid to Darebin City Council. The amount of the development levy for each charge unit must be calculated in accordance with Schedule 1 to the Development Contribution Plan Overlay.

Before the construction of buildings and works associated with the use of land at 2-6 Isaacs Street, Preston for the purpose of dwellings and an office starts, either:

(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.

Before buildings and works start, a detailed Landscape Plan to the satisfaction of the Responsible Authority must be submitted to, and approved by the Responsible Authority. When the Landscape Plan is approved, it will be endorsed and will then form part of this Permit. The Landscape Plan must be prepared by a suitably qualified person and must incorporate:

(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.

The landscaping as shown on the endorsed Landscape Plan must be completed to the satisfaction of the Responsible Authority before the development is occupied and/or the use starts or at such later date as is approved by the Responsible Authority in writing.

No later than seven (7) days after the completion of the landscaping, the permit holder must advise Council, in writing, that the landscaping has been completed.

The landscaping as shown on the endorsed Landscape Plan must be maintained, and any dead, diseased or damaged plant replaced in accordance with the endorsed Landscape Plan to the satisfaction of the Responsible Authority.

Before the development starts, a revised Sustainable Design Statement must be submitted to, and approved in writing by, the Responsible Authority. The revised sustainable design statement must include proposed sustainable design initiatives within the development such as (but not limited to) sustainable construction material selection, construction waste management, energy efficiency and management, water conservation and re-use and provision for ongoing waste management and should include the following:
- Full STEPS and SDS reports.
- Clear articulation of the proposed hot water services to be used.
- Outline the overall lighting strategy for the building i.e. lights being used, switching logic, zoning, co2 sensors, timers, motion sensors etc
- Demonstrate natural lighting and ventilation strategies.
- Water sensitive urban design strategies i.e. bio retention/rain gardens.

(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.

Prior to the commencement of construction a waste management plan is to be submitted to the satisfaction of the Responsible Authority detailing garbage and recycling storage areas, types of bins/vehicles, frequency of collection, times of collection, location of collection point for vehicles etc. Wast collection is not to affect the amenity of the area or traffic flow.

Prior to occupation of the development, the permit holder shall arrange for the removal of waste and recycled product from the development by a private contractor to the satisfaction of the Responsible Authority. A copy of the collection arrangements must be provided to the Responsible Authority prior to the occupation of the development.

Prior to the commencement of the development a detailed Acoustic Report prepared by a suitably qualified Acoustic Engineer must be submitted to, and approved, by the Responsible Authority. The Report must include:

Details of measures necessary to ensure that all dwellings within the development are protected from noise associated with any on-site mechanical plant equipment, consistent with the requirements of the State Environment Protection Policy N-1. 2. Details of measures necessary (including treatment to windows if required) to ensure that internal noise levels of all habitable rooms within the development are limited to a maximum of 45dB(a) in accordance with relevant Australian Standards for acoustic control (including AS3761 - Road Traffic).

Details of measures necessary to ensure that dividing walls and floors between dwellings are constructed to limit noise transmission to 45 STC (Sound Transmission Class) in accordance with Part F(5) of the Building Code of Australia.

The development must be constructed in accordance with the recommendations of the approved Acoustic Report to the satisfaction of the Responsible Authority.

Floor levels shown on the endorsed plans must be confirmed. The confirmation of the ground floor level must take place no later than at the time of the inspection of the subfloor of the development required under the Building Act 1993 and the Building Regulations 2006. This confirmation must be in the form of a report from a licensed land surveyor and must be submitted to the Responsible Authority no later than 7 days from the date of the sub-floor inspection. The upper floor levels must be confirmed before a Certificate of Occupancy is issued, by a report from a licensed land surveyor submitted to the Responsible Authority.

Boundary walls facing adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.

Disabled access to the building must be provided to the satisfaction of the Responsible Authority. All work carried out to provide disabled access must be constructed in accordance with Australian Standards Design for Access and Mobility:-AS1428.1-1998, AS1428-2 1992, AS1428-3 1992 and AS1428-4 1992.

Before the dwellings are occupied, an automatic external lighting system capable of illuminating the entry to each unit, entry to the building and foyer area, access to each garage and car parking space and all pedestrian walkways must be provided on the land 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:

Constructed; 2. Properly formed to such levels that they can be used in accordance with the plans;

Drained; 2. Line-marked to indicate each car space and all access lanes; and 3. Clearly marked to show the direction of traffic along the access lanes and driveways

Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose.

Before the development is occupied, vehicular crossing(s) must be constructed to align with approved driveways to the satisfaction of the Responsible Authority. All redundant crossing(s) or crossing opening(s) must be removed and replaced with footpath, naturestrip and kerb and channel to the satisfaction of the Responsible Authority.

The provision of a sustainable transport display area near the main entrance to the building which is to include:
- Applicable public transport maps and timetables available from the relevant public transport provider.
- Maps of walking and cycling routes to and from the site.

Darebin Local Access Guides detailing public transport, walking and cycling routes available from Council.

The applicant must supply a comprehensive Travel Plan for the site to be approved by the responsible authority. The Travel Plan must articulate how the developer intends to promote sustainable travel behaviour by individuals travelling to and from the site.

The Transport Impact Assessment is to be revised to the satisfaction of VicRoads. The Assessment will review issues related to directional distribution and splits, traffic operation and safety at the Bell Street/Blanch Street intersection, refuse collection and vehicle access to Site 3, and modifications to the right turn lane on Bell Street at St Georges Road (east approach).

All mitigating works required as a result of Condition 31, including works at the intersection of Blanch Street / Bell Street and Bell Street/St Georges are required to be undertaken at no cost to VicRoads. The mitigating works are required to be completed to the satisfaction of VicRoads, with functional plans submitted to VicRoads for approval prior to commencement of any works on site.

A construction and traffic management plan is required to be submitted to and approved by the VicRoads prior to any works on site.

Work site traffic management practices must be in accordance with the Australian Standards AS 1742.3-2002 "Manual of uniform traffic control devices - Part 3: Traffic control devices for works on roads ".

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.

The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Jemena Electricity Networks (Vic) Ltd in accordance with Section 8 of that Act.

The owner of the subject land must enter into an agreement with Yarra Valley Water for the provision of water supply.

The owner of the land must enter into an agreement with Yarra Valley Water for the provision of sewerage.

Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to, and approved by, the Responsible Authority. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans submitted with the application (identified as Drg No. TP1.00, TP1.01, TP1.02, TP1.03, TP1.04, TP1.05, TP1.06, TP1.07, TP1.08, TP1.09, TP1.10, TP1.11, TP2.01, TP2.02, TP2.03, TP2.04, TP3.01, TP3.02, Rev A & B, Project Title: Site 2, dated 1.08.08, prepared by Rothe Lowman) but modified to show:
- (a) Provision of a canopy along the commercial façade to the east elevation above the ground floor shopfront window.
- (b) The floor level of all residential units and unit entries facing Isaac Street should be reduced to no greater than 600mm above footpath level
- (c) One (1) car space is to be allocated to each dwelling and the commercial tenancy.
- (d) Appropriate treatment of the western right of way with paving and landscape treatments.
- (e) Reflectivity of glazing should be further detailed on plans to the satisfaction of the Responsible Authority.
- (f) Pedestrian visibility splays must be provided which require the provision of a 2m (along the frontage road) by 2.5m (in to the site) area to be kept clear of all obstructions (walls, fences - existing and proposed; mailboxes; vegetation; etc.) from a height of 1.15m. These standards must be met at the two exits from the laneways. At the north-eastern corner of the site, the glass wall will have to be set back to allow for the pedestrian visibility splay at this location. At the south-western corner of the site, the applicant can maintain the current structural arrangements by providing a 2m wide raised/segregated footway along the western boundary of the building, resulting in a preferred minimum laneway width of 5m as per Clause 52.06-3 of the planning scheme. The crossover width at the front of the site must then be changed to reflect this reduced laneway width.
- (g) The type/types of treatment that will be used to facilitate pedestrian trips between Bell Station and the main pedestrian entrance to the site.
- (h) The location of the bicycle parking shown on basement level 1 is to be labelled as residential/staff cycle parking only.
- (i) At least seven (7) residential visitor cycle parking spaces near the main "Entry Lobby" of the site.
- (j) All 14 of the residential cycle spaces in the ground floor parking area instead of basement level 3. These spaces must be provided either in a bicycle locker or at a bicycle rail in a secure compound in accordance with Clause 52.34-3 of the Darebin Planning scheme.
- (k) All bicycle parking spaces must comply with Clause 52.34-4 of the planning scheme. The cycle parking envelope must not encroach on vehicle reversing areas as it does within the basement level 3.
- (l) Any alterations required in accordance with the Travel Plan required in condition 27 of this permit.
- (m) How the design will manage the level splits within the basement car parking.
- (n) Appropriate treatment of the eastern right of way with paving and landscape treatments.
- (o) All balconies with a minimum area of 8m2 and a minimum dimension of 1.6 m.
- (p) The rainwater tank that has been specified (40,000 Litre).
- (q) The number and location of toilets that will use this tank water for flushing.
- (r) Blanch Street is widened to provide separate left and right turn lanes at Bell Street (to increase the capacity of the intersection and assist right turn out movements).
- (s) Natural lighting and ventilation including window operations, awning or sliding elements of windows.
- (t) Provision of one (1) external storage area in the basement for each dwelling.
- (u) Details of location of the mailboxes.
- (v) Internal bedrooms to studios are to have glazed panels allowing daylight from the living areas.
- (w) Detail of the type, location of any air-conditioning, plant and equipment and any screening to these services.
- (x) Location and height of a single communal antenna for the apartment building, sufficient to service the needs of future occupants.
- (y) A Landscape Plan in accordance with Condition No. 7 of this Permit.
- (z) Modifications in accordance with the Sustainable Design Statement (refer to Condition No. 11 of this Permit).

(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 development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.

The layout of the use(s) as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.

This Permit will expire if:
- The development does not start within three (3) years from the date of this Permit; or
- The development is not completed and the use has not started within five (5) years of the date 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.

Prior to the issue of a building permit for any building or any works authorised by this permit, a development levy must be paid to Darebin City Council. The amount of the development levy for each charge unit must be calculated in accordance with Schedule 1 to the Development Contribution Plan Overlay.

The owner must ensure that the materials and finishes as approved under this permit are incorporated into the construction of the building to the satisfaction of the responsible authority.

As part of the consultant team an experienced architect must be engaged to oversee the design intent and construction quality to ensure that the design and quality and the appearance of the approved building is maintained

Before the construction of buildings and works associated with the use of land at 5-9 Blanch Street, Preston for the purpose of dwellings starts, either:

(a) A certificate of environmental audit must be issued for the land in accordance with Part IXD of the Environment Protection Act 1970, or

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:

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.

Before buildings and works start, a detailed Landscape Plan to the satisfaction of the Responsible Authority must be submitted to, and approved by the Responsible Authority. When the Landscape Plan is approved, it will be endorsed and will then form part of this Permit. The Landscape Plan must be prepared by a suitably qualified person and must incorporate:

(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.

(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.

The landscaping as shown on the endorsed Landscape Plan must be completed to the satisfaction of the Responsible Authority before the development is occupied and/or the use starts or at such later date as is approved by the Responsible Authority in writing.

No later than seven (7) days after the completion of the landscaping, the permit holder must advise Council, in writing, that the landscaping has been completed.

The landscaping as shown on the endorsed Landscape Plan must be maintained, and any dead, diseased or damaged plant replaced in accordance with the endorsed Landscape Plan to the satisfaction of the Responsible Authority.

Before the development starts, a revised Sustainable Design Statement must be submitted to, and approved in writing by, the Responsible Authority. The revised sustainable design statement must include proposed sustainable design initiatives within the development such as (but not limited to) sustainable construction material selection, construction waste management, energy efficiency and management, water conservation and re-use and provision for ongoing waste management and should include the following:
- Full STEPS and SDS reports.
- Clear articulation of the proposed hot water services to be used.
- Outline the overall lighting strategy for the building i.e. lights being used, switching logic, zoning, co2 sensors, timers, motion sensors etc
- Demonstrate natural lighting and ventilation strategies.
- Water sensitive urban design strategies i.e. bio retention/rain gardens.

The development must be constructed in accordance with the requirements/recommendations of the Sustainable Design Statement to the satisfaction of the Responsible Authority.

Prior to the commencement of construction a waste management plan is to be submitted to the satisfaction of the Responsible Authority detailing garbage and recycling storage areas, types of bins/vehicles, frequency of collection, times of collection, location of collection point for vehicles etc. Wast collection is not to affect the amenity of the area or traffic flow.

Prior to occupation of the development, the permit holder shall arrange for the removal of waste and recycled product from the development by a private contractor to the satisfaction of the Responsible Authority. A copy of the collection arrangements must be provided to the Responsible Authority prior to the occupation of the development.

Prior to the commencement of the development a detailed Acoustic Report prepared by a suitably qualified Acoustic Engineer must be submitted to, and approved, by the Responsible Authority. The Report must include:
- (a) Details of measures necessary to ensure that all dwellings within the development are protected from noise associated with any on-site mechanical plant equipment, consistent with the requirements of the State Environment Protection Policy N-1.
- (b) Details of measures necessary (including treatment to windows if required) to ensure that internal noise levels of all habitable rooms within the development are limited to a maximum of 45dB(a) in accordance with relevant Australian Standards for acoustic control (including AS3761 - Road Traffic).
- (c) Details of measures necessary to ensure that dividing walls and floors between dwellings are constructed to limit noise transmission to 45 STC (Sound Transmission Class) in accordance with Part F(5) of the Building Code of Australia.

The development must be constructed in accordance with the recommendations of the approved Acoustic Report to the satisfaction of the Responsible Authority.

Floor levels shown on the endorsed plans must be confirmed. The confirmation of the ground floor level must take place no later than at the time of the inspection of the subfloor of the development required under the Building Act 1993 and the Building Regulations 2006. This confirmation must be in the form of a report from a licensed land surveyor and must be submitted to the Responsible Authority no later than 7 days from the date of the sub-floor inspection. The upper floor levels must be confirmed before a Certificate of Occupancy is issued, by a report from a licensed land surveyor submitted to the Responsible Authority.

Boundary walls facing adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.

Disabled access to the building must be provided to the satisfaction of the Responsible Authority. All work carried out to provide disabled access must be constructed in accordance with Australian Standards Design for Access and Mobility:-AS1428.1-1998, AS1428-2 1992, AS1428-3 1992 and AS1428-4 1992.

Before the dwellings are occupied, an automatic external lighting system capable of illuminating the entry to each unit, entry to the building and foyer area, access to each garage and car parking space and all pedestrian walkways must be provided on the land 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:

Constructed; 2. Properly formed to such levels that they can be used in accordance with the plans;

Drained; 2. Line-marked to indicate each car space and all access lanes; and 3. Clearly marked to show the direction of traffic along the access lanes and driveways

Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose.

Before the development is occupied, vehicular crossing(s) must be constructed to align with approved driveways to the satisfaction of the Responsible Authority. All redundant crossing(s) or crossing opening(s) must be removed and replaced with footpath, naturestrip and kerb and channel to the satisfaction of the Responsible Authority.

The provision of a sustainable transport display area near the main entrance to the building which is to include:
- Applicable public transport maps and timetables available from the relevant public transport provider.
- Maps of walking and cycling routes to and from the site.

Darebin Local Access Guides detailing public transport, walking and cycling routes available from Council.

The applicant must supply a comprehensive Travel Plan for the site to be approved by the Responsible Authority. The Travel Plan must articulate how the developer intends to promote sustainable travel behaviour by individuals travelling to and from the site.

The Transport Impact Assessment is to be revised to the satisfaction of VicRoads. The Assessment will review issues related to directional distribution and splits, traffic operation and safety at the Bell Street/Blanch Street intersection, refuse collection and vehicle access to Site 3, and modifications to the right turn lane on Bell Street at St Georges Road (east approach).

All mitigating works required as a result of Condition 30, including works at the intersection of Blanch Street/Bell Street and Bell Street/St Georges are required to be undertaken at no cost to VicRoads. The mitigating works are required to be completed to the satisfaction of VicRoads, with functional plans submitted to VicRoads for approval prior to commencement of any works on site.

A construction and traffic management plan is required to be submitted to and approved by the VicRoads prior to any works on site.

Work site traffic management practices must be in accordance with the Australian Standards AS 1742.3-2002 "Manual of uniform traffic control devices - Part 3: Traffic control devices for works on roads ".

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.

The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Jemena Electricity Networks (Vic) Ltd in accordance with Section 8 of that Act.

The owner of the subject land must enter into an agreement with Yarra Valley Water for the provision of water supply.

The owner of the land must enter into an agreement with Yarra Valley Water for the provision of sewerage.

Environment Act 1987

Building Regulations 2006

Bamfa Nominees v Darebin CC [2009] VCAT 1034 (15 June 2009)

Bamfa Nominees v Darebin CC [2009] VCAT 1034

At a glance

Court

Decision date

Before

Source

Judgment (158 paragraphs)

Parties

Legislation Cited (3)

Cases Cited (1)

Bamfa Nominees v Darebin CC [2009] VCAT 1034 (15 June 2009)