For the reasons given above, the decision of the responsible authority is set aside. A permit is granted subject to conditions.
[2]
Construction of two or more dwellings on a lot in the Residential Growth Zone, Schedule 3.
[3]
Before the development starts, three copies of 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 plans submitted with the application, but modified to show:
(a) The location and design of any proposed electricity supply meter boxes. The electricity supply meter boxes must be located at a distance from the street which is at or behind the setback alignment of buildings on the site or in compliance with Council's "Guide to Electricity Supply Meter Boxes in Monash".
(b) Front fencing of no more than 900mm in height.
(c) Plan TP05 to be amended to show sightlines and crossover width in accordance with plan TP05 dated 23/10/18 provided to the Tribunal during the hearing and to VicRoads prior to the hearing.
(d) The south elevation on Plan TP10 to be amended to be consistent with floor plans and remove the beam shown as constructed on the boundary.
(e) Letterboxes to be relocated perpendicular to the western boundary along the side of the site and not at the front.
(f) Clarification of notations regarding sill heights of windows.
(g) The eastern side of the balcony of unit 6 to be screened where required to minimise overlooking to the south.
(h) The correct dimensions and details of the bin storage area, in accordance with the endorsed waste management plan.
The development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.
All common boundary fences are to be a minimum of 1.8 metres above the finished ground level to the satisfaction of the Responsible Authority. The fence heights must be measured above the highest point on the subject or adjoining site, within 3 metres of the fence line.
Before the commencement of buildings and works, a landscape plan generally in accordance with the plan prepared by Species Landscape Architecture and dated October 2018, drawn to scale and dimensioned, must be submitted to and approved by the Responsible Authority prior to the commencement of any works. The plan must show the proposed landscape treatment of the site including:
(a) the final location and dimensions of the bin enclosure, mailboxes and services in accordance with the endorsed plans.
(b) the location and details of all fencing.
[4]
When approved the plan will be endorsed and will then form part of the permit.
[5]
Before the occupation of the development, the landscaping works as shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority. Landscaping must then be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.
No excavation is to occur within 2.7 metres of the street tree (10 metre high Eucalyptus scoparia) in the nature strip measured from the trunk face.
No building material, demolition material or earthworks shall be stored or stockpiled under the canopy line of any tree to be retained during the construction period of the development hereby permitted.
Prior to the commencement of works the street tree must be protected with temporary rectangular wire fencing in accordance with Australian Standard AS 4970 or to the satisfaction of the Responsible Authority. The tree protection fencing must extend at least 2.7 metres from the base of the tree and be retained until completion, unless other arrangements are made to the satisfaction of the Responsible Authority.
Before the occupation of the buildings allowed by this permit, 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.
All on-site stormwater is to be collected from hard surface areas and must not be allowed to flow uncontrolled into adjoining properties. The on-site drainage system must prevent discharge from the driveway onto the footpath. Such a system may include either:
(a) a trench grate (150mm minimum internal width) located within the property; and/or
(b) shaping the driveway so that water is collected in a grated pit on the property; and/or
(c) another Council approved equivalent.
Stormwater discharge is to be detained on-site to the predevelopment level of peak stormwater discharge. Approval of any detention system is required from Council prior to works commencing.
[6]
The nominated point of stormwater connection for the site is to the south-east corner of the property where the entire site's stormwater drainage must be collected and free drained via a pipe to the 150mm Council drain in the rear easement of the property vi a 900mm x 600mm junction pit to be constructed to Council standards.
[7]
Note: If the point of discharge cannot be located then notify Council's Engineering Division immediately.
[8]
Prior to the occupation of the buildings or works hereby approved, the access crossover and associated works must be provided and available for use.
Vehicles must enter and exit the land in a forward direction at all times.
The level of the footpaths must not be lowered or altered in any way to facilitate access to the site.
The walls on the boundary of adjoining properties (if fencing is removed) shall be cleaned and finished in a manner to the satisfaction of the Responsible Authority.
Concurrent with the endorsement of plans, a Waste Management Plan (WMP) must be submitted to and approved by the Responsible Authority. The WMP must include:
(a) Dimensions of waste areas.
(b) The number of bins to be provided.
(c) Method of waste and recyclables collection.
(d) Hours of waste and recyclables collection.
(e) Method of presentation of bins for waste collection.
(f) Strategies for how the generation of waste and recyclables from the development will be minimised.
[9]
When approved, the plan will be endorsed and will then form part of the permit. Waste collection from the development must be in accordance with the plan, to the satisfaction of the Responsible Authority.
[10]
Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.
This permit as it relates to development (buildings and works) will expire if one of the following circumstances applies:
(a) The development is not started within two (2) years of the issue date of this permit.
(b) The development is not completed within four (4) years of the issue date of this permit.
[11]
In accordance with section 69 of the Planning and Environment Act 1987, an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.
[2] The submissions and evidence of the parties, any supporting exhibits given at the hearing and the statements of grounds filed have all been considered in the determination of the proceeding. In accordance with the practice of the Tribunal, not all of this material will be cited or referred to in these reasons.
[14]
[3] The final submission on this matter was received on 21 December 2018.
[15]
[4] The amount and configuration of lanes change within this area due to the intersection of Princes Highway and North Road and include bus lanes and turning lanes.