(a) The movement of the bin enclosure in accordance with the recommendation detailed in the evidence statement of Mr Andrea Pagliaro of Urbis dated March 2025.

(b) All services normal to the proposed building (electricity, heating and cooling, etc) and similar (fire hydrant and telecommunications etc) shown on the relevant plans. The structure to accommodate services must be integrated into the development, must be easily accessible to service authorities, and must not be sited in a standalone location or 'stacked'.

(c) The driveway straightened, with an associated movement of the proposed crossover to the east to reduce the encroachment of the Tree 1 TPZ (street tree).

(d) Details of construction materials of pedestrian footpath to be annotated on plan.

(e) Details of construction materials of car park area to be annotated on plan.

(f) Details of all fences nominated as acoustically treated on the endorsed plans must be constructed to a minimum density of 15kg per m2 with no gaps.

(g) Deletion of one signage panel.

(h) Dimensioned elevations of the shade sail structures.

All to the satisfaction of the responsible authority.

1. Before the development starts, a Landscape Plan to the satisfaction of the Responsible Authority and prepared by a person suitably qualified or experienced in landscape design must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and form part of the permit. The plan must be drawn to scale, fully dimensioned and a digital copy must be provided. The plan must show:

(a) A survey (including botanical names, trunk location, trunk diameter and canopy spread) of all existing vegetation. The survey must clearly mark existing vegetation to be retained and removed. The survey must also include any street trees.

(b) Buildings and trees (including botanical names, trunk location, trunk diameter and canopy spread) on neighbouring properties where the Tree Protection Zones of such trees fall within the subject site as calculated in accordance with Australian Standard 4970-2009 or its successor.

(c) Details of surface finishes of pathways and driveways.

(d) 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. All species selected must be to the satisfaction of the Responsible Authority.

(e) Landscaping and planting within all open areas of the site including:

1. An evergreen hedge with an estimated mature height of 2 metres, interspaced with planting of trees, on the northern side of the fence that presents to Hillsmeade Drive.
2. An evergreen hedge with an estimated mature height of 2 metres along the east, south and west boundaries of the land, interspaced with trees.
3. Low level planting on both sides of the pedestrian path from Hillsmeade Drive to the building entrance.
4. Garden beds in the front setback generally consistent with the style and form found in Hillsmeade Drive.

(f) Landscaped areas must be planted with shrub and groundcover species capable of achieving a minimum density of at least 85 per cent coverage 12 months after planting.

(g) Landscaping must demonstrate the use of sustainable practices and if irrigation is to be provided it must not use potable water.

(h) Any planting within an easement must utilise species suitable for planting within easements and must have a natural growing height of no more than 5 metres.

(i) All garden beds adjoining turf or gravel surfaces must have hard garden edging.

(j) Trees in the following locations:

1. A minimum of two (2) canopy trees reaching a minimum mature height of 10 metres within the Hillsmeade Drive frontage.
2. A minimum of two (2) canopy trees reaching a minimum mature height of 6 metres within the Hillsmeade Drive frontage.
3. A minimum of five (5) canopy trees reaching a minimum mature height of 7 metres within open play areas (of a species that is compatible with the safety and function of the play areas) and the south-east corner of the land.

(k) 1200mm organic mulch diameter around any retained or proposed trees in lawn areas.

(l) The provision of notes regarding site preparation, including the removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements.

(m) The location of any tree protection zones and protection measures including for street trees accurately drawn to scale, labelled and notations referring to any endorsed Tree Management and Protection Plan, or Arboricultural Report.

All to the satisfaction of the responsible authority.

1. Before the development starts, an amended Waste Management Plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and form part of the permit. The plan must be drawn to scale, fully dimensioned and a digital copy must be provided. The plan must be generally in accordance with the plan [Plan Ref: Waste Management Plan, dated Feb 2022 prepared by Apex Town Planning] but amended to show:

(a) The waste management plan to include food waste collection (FOGO) and future glass collection and the bins must have sufficient space to accommodate these services; and

(b) Confirmation that waste will only be collected outside peak drop off and collection times,

The operator of the use must comply with the endorsed waste management plan. The waste management plan may only be amended with the written consent of the Responsible Authority.

1. Within 14 days before the development starts, a site-specific Environmental Management Plan (Site EMP) to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. The Site EMP must be prepared in accordance with Council's 'Site EMP Kit'. No alterations to the Site EMP may occur without the prior written consent of the responsible authority. All works must be undertaken in accordance with the approved Site EMP to the satisfaction of the responsible authority.

1. Before the development starts, Engineering Plans and drainage calculations to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. Once approved, the plans will be endorsed and form part of the permit. The plans must be in accordance with the approved functional drainage layout plan and include:

(a) The provision of sufficient on-site stormwater detention to limit the rate of stormwater discharge to the predevelopment rate.

(b) The drainage computations must be calculated in accordance with the guidance provided in the current Australian Rainfall and Runoff.

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

1. The use and development must be managed so that the amenity of the area is not detrimentally affected including through the:

(a) Transportation of materials, goods or commodities to or from the land.

(b) Appearance of any building, works or materials.

(c) Emission of noise, artificial light, smell, fumes, smoke, vapour, steam, soot, ash, dust, water, waste products, grit or oil.

(d) Presence of vermin.

all to the satisfaction of the responsible authority.

1. Noise emissions from the premises must not exceed the limits set out in the Environmental Protection Authority's (EPA) Noise limit and assessment protocol for the control of noise from commercial, industrial and trade premises and entertainment venues (Noise Protocol), or its successor or equivalent.
2. Before the use starts and the development is occupied, all security alarms or similar devices installed on the premises must be of a silent type in accordance with any current standard published by Australian Standards and be connected to a monitored security service.
3. Before the use starts and the development is occupied, security lighting must be installed at the entrance to the development and within any car parking area and pedestrian access way on the premises and suitably baffled to prevent any off-site light spill to Australian Standards and to the satisfaction of the Responsible Authority.

1. Once the development starts, the development must be carried out and completed to the satisfaction of the Responsible Authority.
2. The constructed development must be maintained in good order and appearance to the satisfaction of the Responsible Authority.
3. Before the use starts and the development is occupied, or by such later date as approved in writing by the Responsible Authority, new boundary fences, retaining walls and acoustic fences must be constructed, cleaned and finished to the satisfaction of the Responsible Authority. All fences nominated as acoustically treated on the endorsed plans must be constructed to a minimum density of 15kg per m2 with no gaps in accordance with the specifications set out in the acoustic report prepared by Mr Tardio filed in proceeding no. P1512/2022.
4. Before the use starts and the development is occupied, or by such later date as approved in writing by the responsible authority, 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.
5. No plant, equipment, services or architectural features, above the roofline, other than those shown on the endorsed plans are permitted, unless with the prior written consent of the Responsible Authority.

1. Unless with the prior written consent of the Responsible Authority, the childcare centre must only operate between the hours of:

(a) Monday to Friday: 6.30am to 6.30pm.

(b) Saturday, Sunday and public holidays: Closed.

1. Unless with the prior written consent of the Responsible Authority, no more than 65 children may be present on the land at any time.

1. Before the development is occupied, the following development must be carried out and completed to the satisfaction of the Responsible Authority:

(a) The premises are connected to reticulated water supply, sewerage, drainage and underground electricity to the requirements of the relevant servicing authority.

(b) The areas set aside for car parking and access lanes on the endorsed plan have been:

1. Constructed with an all-weather seal coat.
2. Properly formed to such levels that they can be used in accordance with the plans.
3. Drained.
4. Linemarked to indicate each car space and all access lanes.

(c) The footpath in the road reserve as shown on the endorsed plans has been constructed.

(d) All landscaping works have been completed generally in accordance with the endorsed plan.

(e) A letter box has been provided to the satisfaction of the Responsible Authority.

(f) The land must be cleared of all excess, unused building materials or debris.

(g) The redundant crossover has been removed and landscaped in accordance with the endorsed plans, and the section that is within the road reserve must be sown with grass consistent with the adjoining nature strip.

1. The signage must only contain advertisement providing or supplying information relating to the business conducted on the land.
2. The signage must be constructed and maintained to the satisfaction of the Responsible Authority.
3. The signage of the childcare centre must not be illuminated, contain any flashing light or be animated in part or whole.
4. The proposed signage must be constructed on a non-continuous footing.
5. Signs must be displayed inside the childcare centre to the satisfaction of the responsible authority indicating that parents should use the car parking facility provided and should not park on Hillsmeade Drive.
6. Staff of the childcare centre must be instructed to use the car parking facility provided and not park on Hillsmeade Drive, to the satisfaction of the responsible authority.

1. Location of rainwater tanks or other approved alternative measures must be installed to ensure that the total post-development average annual runoff volume will be reduced by 25 per cent by means of stormwater reuse and/or infiltration.
2. Stormwater must not be discharged from the land other than by means of an underground pipe drain discharged to the legal point of stormwater discharge to the satisfaction of the responsible authority.
3. Location of rainwater tanks or other approved alternative measures must be installed to ensure that the total post-development average annual runoff volume will be reduced by 25 per cent by means of stormwater reuse and/or infiltration.
4. Polluted stormwater must not be discharged beyond the boundaries of the lot from which it emanates, or into a watercourse or easement drain, but must be treated and/or absorbed on that lot to the satisfaction of the Responsible Authority.

1. Before the development is occupied and/or before the use starts or by such later date with the prior written consent of the Responsible Authority, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority.
2. The landscaping shown on the endorsed plans must be maintained in accordance with the endorsed plans to the satisfaction of the Responsible Authority. any dead, diseased or damaged plants are to be replaced within 30 days of becoming aware of the dead, diseased or damaged plants.
3. Except where specified on the endorsed plan, no other vegetation must be removed from the land, without the prior written consent of the Responsible Authority.
4. Before the development starts, a tree protection barrier/fence must be installed around all Council-owned trees on Hillsmeade Drive and within the tree reserve along the western boundary and remain in place until all works on site are carried out and completed (including the construction of any new crossover) to the satisfaction of the responsible authority.
5. The following tree protection measures must be followed to the satisfaction of the responsible authority and unless otherwise agreed in writing by the responsible authority:

(a) The fencing is to be a 1.8-metre-high temporary fence constructed using steel or timber posts fixed to a concrete pad, with the fence's side panels to be constructed of cyclone mesh wire or similar strong metal mesh or netting.

(b) The fencing is to encompass the entire nature strip area (between any footpath and kerb and channel) and must extend to the identified tree protection radial distance.

(c) The fencing can be moved to the edge of any existing crossover(s) for site access.

(d) The fencing may only be moved to construct any approved crossover.

(e) Prior to any excavation occurring for the Concrete Footpath, a trench must be dug by hand or by other non-destructive means (pneumatic, or hydro-excavation) along the north edge of the Concrete Footpath within the TPZ of Tree 1 to the same depth as the Concrete Footpath sub-base. During the works:

1. Excavation must be supervised by the Project Arborist.
2. No roots greater than 20mm diameter are to be cut without prior approval from Council's Parks Department.
3. Any roots found must be pruned at the edge of the trench closest to the tree using sharp saw or secateurs. Any machinery not specifically designed to prune roots must not be used.
4. Any exposed roots must not be allowed to desiccate. Exposed roots must be covered with premoistened thick hessian or jute matting and pinned. The covering must be kept moist until such a time as the roots are permanently covered.

(f) Prior to any excavation occurring for the crossover, a trench must be dug by hand or by other non-destructive means (pneumatic, or hydro-excavation) along the west edge of the crossover within the TPZ of Tree 1 to the same depth as the crossover sub-base. During the works:

1. Excavation must be supervised by the Project Arborist.
2. No roots greater than 20mm diameter are to be cut without prior approval from Council's Parks Department.
3. Any roots found must be pruned at the edge of the trench closest to the tree using sharp saw or secateurs. Any machinery not specifically designed to prune roots must not be used.
4. Any exposed roots must not be allowed to desiccate. Exposed roots must be covered with premoistened thick hessian or jute matting and pinned. The covering must be kept moist until such a time as the roots are permanently covered.

(g) Prior to any excavation occurring for the Concrete Footpath, a trench must be dug by hand or by other non-destructive means (pneumatic, or hydro-excavation) along the south edge of the Concrete Footpath within the TPZ of Tree 2 to the same depth as the Concrete Footpath sub-base. During the works:

1. Excavation must be supervised by the Project Arborist.
2. No roots greater than 20mm diameter are to be cut without prior approval from Council's Parks Department.
3. Any roots found must be pruned at the edge of the trench closest to the tree using sharp saw or secateurs. Any machinery not specifically designed to prune roots must not be used.
4. Any exposed roots must not be allowed to desiccate. Exposed roots must be covered with premoistened thick hessian or jute matting and pinned. The covering must be kept moist until such a time as the roots are permanently covered.

(h) Recommendations arising from the non-destructive root investigations and the conduct of the above tree protection measures must be implemented to the satisfaction of the responsible authority.

(a) The development is not started within two years of the date of this permit, or

(b) The development is not completed within four years of the date of this permit, or

(c) The use does not start within one year of the completion of the development, or

(d) The use is discontinued for a period of two years.

The responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of expiry of permit. An extension of time to complete the development or a stage of the development may be requested if:

• The request for an extension of time is made within 12 months after the permit expires, and
• The development or stage started lawfully before the permit expired.

1. The advertising sign approved as part of this permit will expire 15 years after the date of this permit. At this time, the sign and all structures built specifically to support the sign must be removed.

[1] Section 4(2)(d) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) states a failure to make a decision is deemed to be a decision to refuse to make the decision.

[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.

[3] Andrew Ferris Drafting and Design v Casey CC [2018] VCAT 1745.

[4] [2023] VCAT 534.

[5] [2012] VCAT 1675.

[6] [2015] VCAT 1091.

[7] Reichart v Banyule City Council [1996] VCAT 44.

[8] At [3] of the Council's C284 submission (undated).

[9] Submission put forward on behalf of Dorothy O'Neill, Milan Jovic, John Potts, Arvils Grikis, Laimdota Grikis, Philip Young, Sladan Stankic, Robert O'Neill, Andrina Young, Serena Nicholson, Aaron Nicholson, Mickayla Nicholson, Rachelle Stankic, Michelle Everett, Dean Baker, Kirra Sprake, Paul Boothman, Pamela Boothman (undated).

[10] At [45] of the applicant's C284 reply submission, dated 2 May 2025.

[11] [2025] VCAT 366.

[12] At [30] of the applicant's C284 reply submission, dated 2 May 2025.

[14] Including at clauses 11.01, 11.02, 11.03, 13, 15, 17, 18, 19 and 21.

[17] At 1A Wrap Court and 22 Hillsmeade Drive.

[18] Krampitz v City of Footscray in 1978.

[20] We were not advised of any planning or building approvals for 3 Hillsmeade Drive.

[21] [2021] VCAT 1191 at [68] and [69].

[22] Clause 22.02-3 (Community benefit) and cl 21.25-2 (Narre Warren South, Objectives), respectively.