1. Before the development permitted by this permit commences, amended plans to the satisfaction of the responsible authority 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 drawn to scale with dimensions and be submitted in an electronic format acceptable to the responsible authority. The plans must be substantially in accordance with the plans prepared by Steve Laux Building Designs, Sheets TP01 - TP10, Revision A, dated 14 October 2025, but modified to show:

(a) an amended schedule of external building materials, colours and finishes (plan sheet TP10) to include details of any fencing;

(b) an amended Landscape Plan in accordance with Condition 3 of this permit and any changes to the building design plans required to ensure consistency with that plan; and

(c) a Tree Protection and Management Plan in accordance with Condition 6 of this permit and any changes to the building design plans required to ensure consistency with that plan.

1. The development as shown on the endorsed plans must not be altered (unless clause 62.02 of the Banyule Planning Scheme specifies that a permit is not required) without the prior written consent of the responsible authority.

1. Concurrent with the endorsement of plans under Condition 1 of this permit, an amended Landscape Plan must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and be submitted in an electronic format acceptable to the responsible authority. The plan must be generally in accordance with the Landscape Plan prepared by Habitat environmental design consultants, Issue C, dated October 2025, but modified to show:

(a) any amendments required to ensure consistency with the plans to be endorsed under Condition 1, and the Tree Protection Management Plan under Condition 6 of this permit;

(b) the species of at least one of the two trees shown to be planted adjacent to the rear boundary along the western half of that boundary to be replaced with an indigenous or native canopy tree species that has a mature height greater than the height of the dwelling approved by this permit;

(c) the size of the proposed trees and shrubs at time of planting;

(d) the existing vegetation on the site that is not intended to be removed and vegetation on the site that is intended to be removed;

(e) the location and details of paving, steps, retaining walls, planter boxes, raised garden beds, water tanks, clotheslines, fence design details, and other landscape works, including cut and fill;

(f) locations where soil cultivation is to occur and not occur, including showing no deep cultivation is to occur within the Structural Root Zone (or equivalent) of the Grevillea robusta (Silky oak) adjacent to the rear boundary in the eastern corner of the site;

(g) all planting areas to be provided with uncontaminated and friable (not compacted) natural soil profiles, where possible, or with imported / improved soil (minimum depth 200mm) over uncompacted, uncontaminated natural subsoil or imported structural subsoil (minimum 400mm depth), and backfill to retaining walls to be of structural soil suitable for plant growth;

(h) all retaining walls to be designed with consideration given to proposed adjacent trees, and with backfilling with soil rather than crushed rock;

(i) tree species and planting locations carefully selected to avoid canopy or root conflicts with overhead wires, property boundaries, and existing retained trees.

1. Before occupation of the dwelling, landscaping must be carried out in accordance with the endorsed landscape plan to the satisfaction of the responsible authority.
2. At all times the landscaping shown on the endorsed landscape plan must be maintained, including the replacement of any dead, diseased or damaged plants, to the satisfaction of the responsible authority.

1. Before the development permitted by this permit commences, a Tree Protection & Management Plan (TPMP) to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the TPMP will be endorsed and will then form part of the permit. The TPMP must be prepared by a suitably qualified arborist, and include the following:

(a) details of the management and maintenance of the Trees #1, #3, #4, #5, #6, #7, #8, #9, #10 and #11 ('protected trees') identified on the building design plan sheet TP01;

(b) a management regime for the protected trees during the demolition, construction, and post construction phases of the development;

(c) a tree protection plan drawn to scale;

(d) all notional root zones ('NRZ') and structural root zones ('SRZ') (or equivalents) for the protected trees shown on the tree protection plan;

(e) the design modifications and specific construction techniques set out in the Arborist Report by Climbing High Tree Services, September 2024;

(f) NRZ (or equivalent) protection measures to be established in accordance with Australian Standard AS4970-2025 Protection of trees on development sites ('AS4970-2025') as calculated within the arborist report submitted with the application authored by Climbing High Tree Services, September 2024;

(g) the types of footings to be used within NRZ (or equivalent);

(h) details of how the root systems of the protected trees to be impacted will be managed, this must detail any initial non-destructive trenching (if required) requirements for all excavations within NRZ (or equivalent) and pruning of any roots required (which must be undertaken by the project arborist);

(i) locations where soil cultivation is to occur and not occur, including showing no deep cultivation within the SRZ (or equivalent) of the Grevillea robusta (Silky oak) adjacent to the rear boundary in the eastern corner of the site;

(j) the location and design of tree protection fencing of the NRZ areas for the protected trees;

(k) mulching and watering requirements in NRZ areas (or equivalent) where ground protection systems will be used;

(l) tree removal methods for approved vegetation;

(m) all remedial pruning works that are required to be performed on any protected trees; details of the pruning must reference Australian Standard AS4373:2007 Pruning of amenity trees, and include a detailed photographic diagram specifying what pruning will occur; any proposed pruning must consider any scaffolding requirements for construction of dwellings/units, all tree pruning must be carried out by a suitably qualified Arborist (AQF Level 3, minimum) in accordance with AS4373-2007, and must be restricted to the removal of no greater than 15% of the total live canopy of individual trees unless otherwise agreed in writing by the responsible authority;

(n) the details regarding site access by vehicles and machinery and storage of any related building materials, within the NRZ (or equivalent) of protected trees;

(o) the details and location of all underground services in relation to the NRZ (or equivalent) of protected trees; the plans must include notations that all services will either be located outside NRZ (or equivalent) or bored under the NRZ (or equivalent) unless written approval is received from the responsible authority;

(p) a supervision timetable and certification (sign off sheet) for all tree management activities to be undertaken by the project Arborist;

(q) a requirement for written confirmation from the project Arborist that the tree protection and management works undertaken are satisfactory and are in accordance with the approved TPMP to be submitted to the responsible authority, to its satisfaction.

1. Unless otherwise approved in writing by the responsible authority, prior to the commencement of any building and or demolition works on the land, a Notional Root Zone (NRZ) and tree protection measures, including fencing, must be established and maintained during and until completion of all buildings and works including landscaping, around Trees #1, #3, #4, #5, #6, #7, #8, #9, #10 and #11, in accordance with the endorsed TPMP, to the satisfaction of the responsible authority.

1. At least 14 days before commencement of the buildings and works, a 'Statement of Compliance' prepared by a suitably qualified Arborist (AQF Level 5) must be submitted to the responsible authority to demonstrate that the NRZ fencing is installed in accordance with the permit conditions and endorsed plans; the Statement of Compliance must include photographic evidence. (The submission must be made to enquiries@banyule.vic.gov.au referencing the address and Planning Permit number).

1. All external surfaces of the building elevations must be finished in accordance with the schedule on the endorsed plans and maintained in good condition to the satisfaction of the responsible authority.
2. Unless otherwise agreed in writing by the responsible authority, all telecommunications and power connections (where by means of a cable) and associated infrastructure to the land must be underground to the satisfaction of the responsible authority.

1. Vehicular access or egress to the subject land from the road must be by way of a vehicle crossing constructed in accordance with Banyule City Council's ('Council') Vehicle Crossing Specifications to suit the proposed driveway and the vehicles that will use the crossing. The location, design and construction of the vehicle crossing must be approved by the responsible authority. Any existing unused crossing(s) must be removed and replaced with concrete kerb, channel and nature strip to the satisfaction of the Council prior to occupation of the building. All vehicle crossing works are to be carried out with Council Supervision under a Memorandum of Consent for Works which must be obtained prior to commencement of works.
2. Areas set aside for the parking of vehicles together with the aisles and access lanes must be properly formed to such levels that they can be utilised in accordance with the endorsed plans and must be drained and provided with an all-weather seal coat. The areas must be constructed, drained and maintained in a continuously useable condition to the satisfaction of the responsible authority.

1. Any new dwelling allowed by this permit must not be connected to a reticulated gas service (within the meaning of clause 53.03 of the relevant planning scheme). This condition continues to have force and effect after the development authorised by this permit has been completed.

1. 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 three (3) years of the issued date of this permit.

(b) The development is not completed within five (5) years of the issued date of this permit.

In accordance with Section 69 of the Planning and Environment Act 1987 (Vic), an application may be submitted to the responsible authority for an extension of the periods referred to in this condition

[1] Source: Landscape plan prepared by Habitat, landscape environmental design consultants, Sheet 1 of 1, Issue C October 2025.

[2] Source: Plan prepared by Steve Laux Building Designs, Sheet TP04, Revision A, 14 October 2025.

[3] Source: NearMap image dated 16 December 2025. The site is identified by the blue pointer.

[4] 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.

[5] Council's written submission, [9.2].

[6] This order includes an order substituting the amended plans for the permit application plans.

[7] Schedule 1 to clause 42.03 Significant Landscape Overlay, clause 1.0.

[8] In the context of the landscape character objectives to be achieved at clause 2.0 of the SLO1 Schedule.

[9] Rob Thomson's written evidence statement, [6.2].