The tree management plan must detail measures to protect and ensure the viability of the mature trees along the north-eastern boundary of the site, adjacent to no. 6 John Street.

Without limiting the generality of the tree management plan it must have at least three sections as follows:

(a) Pre-construction - details to include a tree protection zone, height barrier around the tree protection zone, amount and type of mulch to be placed above the tree protection zone and method of cutting any roots or branches which extend beyond the tree protection zone.

(b) During-construction - details to include watering regime during construction and method of protection of exposed roots.

(c) Post-construction - details to include watering regime and time of final inspection when barrier can be removed and protection works and regime can cease.

Pre-construction works and any root cutting must be inspected and approved by the Parks Unit. Removal of protection works and cessation of the tree management plan must be authorised by the Parks Unit.

1. Prior to the commencement of the development, a landscape plan to be prepared by a landscape architect or suitably qualified or experienced landscape designer, must be submitted to and approved by the Responsible Authority. When approved, the landscape plan will be endorsed and will then form part of the permit. The landscape plan must be drawn to scale with dimensions and three copies must be provided. The landscape plan must be generally in accordance with the landscape plan referred to in condition 1 but modified to show:
   • (a) The two western-most street trees on Dandenong Road removed such that they pose no impact to the traffic lights, powerlines and footpaths to the satisfaction of the Responsible Authority.
   • (b) Details of surface finishes of pathways and driveways
   • (c) A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant
   • (d) Landscaping and planting within all open areas of the site
2. Concurrent with the endorsement of plans, a Waste Management Plan (WMP) must be submitted to and approved by the Responsible Authority. The Waste Management Plan must be generally in accordance with the WMP submitted with the application by Wastewise Environmental dated 27 November 2012 but modified to show:
   • (a) Internal (or back of house) access required from the north-western most shop to the waste chute adjacent to the lift is to be provided as generally indicated on amended plan TP1O3C.

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.

1. Concurrent with the endorsement of any plans, a Sustainable Management Plan (SMP) must be submitted to and approved by the Responsible Authority. Upon approval the SMP will be endorsed as part of the planning permit and the development must incorporate the sustainable design initiatives outlined in the SMP to the satisfaction of the Responsible Authority. The report must be generally in accordance with the plan by SBE dated 15 April 2013 but modified to show:
   • (a) Results for a representative sample of apartments (approximately 10% of the total) to demonstrate the ability of the design to comply with BCA energy requirements.
   • (b) The location of commercial and amenity area toilets that will use the 60k L water tank for flushing must be indicated on the plans.
   • (c) The areas on the plans to be permeable.

All works must be undertaken in accordance with the endorsed Sustainability Management Plan to the satisfaction of the Responsible Authority. No alterations to the Sustainable Management Plan may occur without written consent of the Responsible Authority.

1. Prior to the occupation of the development approved under this permit, a report from the author of the Sustainability Management Plan, approved pursuant to this permit, or similarly qualified person or company, must be submitted to the Responsible Authority. The report must be to the satisfaction of the Responsible Authority and must confirm that all measures specified in the Sustainabiity Management Plan have been implemented in accordance with the approved plan.

1. Prior to the occupation of the permitted development, the right turn lane in Dandenong Road must be extended by at least 30 metres and be available for use generally in accordance with the concept plan prepared by Cardno ref: CG120614SK04 P1 dated 28/03/2013 to the satisfaction of and at no cost to VicRoads.
2. Prior to the commencement of the road works required under this permit the following must be submitted to and approved by VicRoads:
   • (a) A functional layout generally in accordance with the concept plan prepared by Cardno ref: CG120614SK04 P1 dated 28/03/2013.
   • (b) A detailed engineering layout in accordance with the approved functional layout.
3. The preparation of the detailed engineering design and the construction and completion of all work must be undertaken in a manner consistent with current VicRoads policy, procedures and standards and at no cost to VicRoads. In order to meet VicRoads requirements for these tasks the applicant will be required to comply with the requirements documented as "Standard Requirements - Developer Funded Projects" and any other requirements considered necessary depending on the nature of the work.
4. To the satisfaction of and at no cost to VicRoads, the proposed access and crossover to the Dandenong Road shall be constructed such that it is at least 6m wide at the property boundary, flared 60 degrees with a 3.0m radial turnouts and the kerb and with 1.0m clearance from any fixed object at the entrance to the property.

1. Any poles, service pits or other structures/features on the footpath required to be relocated to facilitate the development must be carried out at the cost of the applicant and subject to the relevant authority's consent. This does not include undergrounding of existing overhead services except as required by condition 13.
2. All utility services to the subject land and buildings approved as part of this permit must be provided underground to the satisfaction of the Responsible Authority by completion of the development.
3. The level of the footpaths and/or laneways must not be lowered or altered in any way other than to provide vehicular access to the site.
4. Prior to occupation, access for persons with disabilities must be provided in compliance with the Disability Discrimination Act 1992 and such access must be maintained at all times the building is occupied or in use.
5. The loading and unloading of vehicles and the delivery of goods to and from the commercial premises must at all times be conducted entirely within the site and in a manner that limits interference with other vehicular traffic to the satisfaction of the Responsible Authority.
6. Prior to occupation of the building or commencement of use, any existing vehicular crossing made redundant by the building and works hereby permitted must be broken out and re-instated as standard footpath and kerb and channel at the permit holders cost to the approval and satisfaction of the Responsible Authority.
7. Prior to the occupation of the building, privacy screens designed to limit overlooking as required in accordance with the endorsed plans must be installed to the satisfaction of the Responsible Authority and maintained to the satisfaction of the Responsible Authority thereafter for the life of the building
8. The collection of wastes and recyclables from the premises (other than normal Stonnington City Council collection) must be in accordance with Council's General Local Laws.
9. All plant and equipment (including air-conditioning units) shall be located or screened so as not to be visible from any of the site's immediately surrounding footpaths and adjoining properties and shall where required be baffled so as to minimise the emission of unreasonable noise to the environment in accordance with Section 48A of the Environment Protection Act 1970 to the satisfaction of the Responsible Authority.
10. Prior to the development commencing a report for the legal point of discharge must be obtained from Council and a drainage design for the development must be prepared by a suitably qualified Engineer in compliance with Council's report prior to a building permit being issued. The drainage must be constructed in accordance with the Engineer's design.
11. Concurrent with the endorsement of plans a suitably qualified person must undertake a comprehensive wind tunnel test of the entire development and a Wind Climate Assessment Report must be provided for the written approval of the Responsible Authority. Any modifications required to the development in order to ensure acceptable wind conditions must be submitted to and approved by Responsible Authority.
12. Before the development starts, a Construction Management Plan must be submitted to and approved in writing by the Responsible Authority. The Construction Management Plan must include, but is not be limited to:
    • (a) hours of demolition and hours of construction ;
    • (b) works timetable;
    • (c) evidence of consultation with VicRoads;
    • (d) any impacts upon adjacent roads, footpaths and the carriageway easement. Provision must be made for adequate movement and circulation of vehicles and pedestrians adjacent to the land during the construction phase;
    • (e) access routes for construction vehicles;
    • (f) proposed parking and standing locations for construction vehicles and

construction workers vehicles; * (g) temporary fencing works; * (h) methods for limiting escape of dust and litter from the land; * (i) a communication strategy for advising the Responsible Authority, VicRoads and residents of key stages/events (including their timing and duration) in the construction program of the development; * (j) a liaison officer for contact by residents, VicRoads and the Responsible Authority in the event of relevant queries or problems experienced.

The development must be undertaken in accordance with the approved Construction Management Plan to the satisfaction of the Responsible Authority.

1. This permit will expire if one of the following circumstances applies:
   • (a) The development is not started within four years of the date of this permit.
   • (b) The development is not completed within six years of the date of this permit.
   • (c) The use is not commenced within seven years of the date of this permit.
   • (d) The use is discontinued for a period of two years or more.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or in accordance with Section 68 of the Planning and Environment Act 1987.

1. The location, details and associated structures of the signs shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.
2. The signs must be located wholly within the boundary of the land.
3. The signs must be constructed and maintained to the satisfaction of the Responsible Authority.
4. In relation to the images displayed on the signs:
   • (a) any one image must be presented in a completely static manner, but there can be a change of such static images, provided that such change cannot be quicker than one new image per two seconds;
   • (b) in relation to any one product or item being promoted by the signs, the images associated with that one product or item must as a group run for at least 15 seconds;
   • (c) the signs must not display advertising or messages which contain fully animated or video/movie style advertising or messages; and
   • (d) the signs must not be used for any live television, satellite, internet or similar broadcast.
5. The signs must not
   • (a) dazzle or distract drivers due to their colouring;
   • (b) be able to be mistaken for a traffic signal because they have, for example, red, amber or green circles, octagons, crosses or triangles;
   • (c) be able to be mistaken as an instruction to drivers.
6. The signs must not display:
   • (a) images using an unreasonably high intensity of light in the signs, to the satisfaction of the Responsible Authority;
   • (b) intermittent light(s);
   • (c) advertising or messages which contain any repeated directional motion, flicker or flashing content; or
   • (d) phone numbers, addresses or website details.
7. Each character or digit displayed must be a minimum of 250mm high.
8. No more than five (5) lines of text must be displayed on a screen at any one time.
9. The signs must be fitted with automatic ambient light conditions sensors to control light intensity output / luminance, to the satisfaction of the Responsible Authority and VicRoads.
10. The light intensity output / luminance of the signs must be to the satisfaction of the Responsible Authority and VicRoads.
11. The face of the west-facing sign must be recessed 75mm into the sign frame to prevent the emission of light at 90 degrees towards John Street.
12. This permit, as it relates to the two (2) electronic major promotion signs, expires 15 years from the permit issue date. The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within six months afterwards.

[1] At the time of the application for permit the land was zoned Business 2. Amendment VC100 gazetted 15 July 2013 included the land within a Commercial 1 Zone.

[2] We have considered all submissions and evidence presented by the parties and Statements of Grounds although we do not recite all of the contents in these reasons.

[4] Clauses 11.01-2, 16.01-1, 16.01-2, 16.01-3, 21.03-2 and 21.05-1.

[5] At clauses 11.01-2, 16.01-4, 21.03-2 and 21.05-4 of the Scheme.

[7] Clauses 11.01-2, 16.01-2, 21.03-2, 21.03-3, 21.05-2, 21.05-3 and 34.01.

[10] Clauses 21.04-1, 21.05-3 and 34.01.

[14] Panel Report Stonnington Planning Scheme Amendment C173 20 August 2013.

[16] Dandenong Road Urban Design Framework (between Tooronga Road and Bates Street) prepared by David Lock Associates December 2012.

[17] As referred to in the Preferred Character for Precinct A in the adopted DDO10.

[18] Richmond Icon Pty Ltd v Yarra CC (includes Summary) (Red Dot) [2011] VCAT 2175; Abbotsford Joint Venture Pty Ltd v Yarra CC & Ors [2012] VCAT 146; and Peter Gibson Developments Pty Ltd v Stonnington CC [2011] VCAT 1007.

[20] Activity Centre Design Guidelines (Department of Sustainability and Environment 2005) referred to at clause 11.01-2 and 15.01-2, 11.04-2, 15.01-1, 21.04-1 and 21.06-4 of the Scheme.

[21] At clauses 21.03-3, 21.05-2 and 21.06-1

[22] At pages 57 and 58 of the Report of the Panel on Amendment C173 to the Stonnington Planning Scheme 20 August 2013.

[23] When traffic exiting the site with a destination to the north or north west may choose to turn left into Finch or Clarence Street to access Tooronga Road in preference to undertaking a U-turn at Smith Street and then a right turn at Tooronga Road

[24] Based on an assumption that half of all additional traffic with destinations to the north or north west uses Finch or Clarence Streets to access Tooronga Road, equivalent to 30% of the total exiting movements from the site. The total vehicle movements generated by the development which are estimated at an additional 70 at am peak hour, allowing for current traffic generation from the fitness centre on the site.

[26] Including at clauses 18.01-2 and 21.03-2 of the Scheme.