(a) The changes shown on plans prepared by R Architecture dated 22 September 2025 (Drawing Numbers TP03 Rev I and TP04 Rev G).

(b) A corner splay provided in the north-eastern corner of the site that is at least 50 per cent clear of visual obstructions, extending at least 2 metres along the front boundary from the corner of the site, and 2.5 metres along eastern side boundary, to provide a clear view of pedestrians on the footpath in front of the site for vehicles exiting the driveway of No. 43 Bardsley Street. The area clear of visual obstructions may include landscaped areas, provided the landscaping in this area is less than 900mm in height.

(c) At least two openable sashes in the clerestories of playrooms 2 and 3, controlled by remote operation.

(d) Skylights to the central hallway at a rate of 1 skylight per 4 metre spacing.

(e) Roof plan indicating the location of clerestories and photovoltaic arrays noting their generation capacity.

(f) Provision of low SHGC double glazed windows for the kitchen and west-facing glazing.

(g) Provision of high performance windows with a low solar heat gain coefficient value for all glazing on the east elevation.

(h) Provide a WSUD Layout Plan in the main drawing set which:

1. Indicates all catchments and associated treatment devices per the modelling, including an annotation with their description.
2. Notes that in-ground raingardens are to be located away from building footings and setback from side/rear boundaries for a width equivalent to their depth.

(i) A schedule of construction materials, external finishes and colours.

(j) Alterations to the SDA generally in accordance with the report received by Council on 29 November 2024 but showing:

1. Beyond using HVAC systems with best practice EER/COP, provide measures to mitigate energy use for any ducted HVAC systems (e.g. full economy-cycles, carbon dioxide monitoring, heat recovery, etc.).
2. Include a full copy of the published BESS report within the Sustainable Design Assessment (SDA) after revision to include claiming Transport credits 1.4 and 1.6.

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

1. Before the use and development starts, an amended landscape plan must be prepared to the satisfaction of the responsible authority. The landscape plan must be generally in accordance with the landscape plan prepared by SLS Designs Pty Ltd but modified to show the change required by condition 1 of the permit.
2. Prior to the commencement of Occupation, unless otherwise agreed in writing with the Responsible Authority, landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority.
3. The landscaping shown on the endorsed plans must be maintained to the satisfaction of the Responsible Authority. This includes the replacement (within 30 days) of any dead, diseased or damaged plants.

1. Before the development (including demolition) starts, a tree protection fence must be erected around the trees to be retained within the Bardsley Street nature strip to define a 'Tree Protection Zone' in accordance with Australian Standard AS4970-2009 Protection of Trees on Development Sites. The tree protection fence must remain in place until construction is completed.
2. No activities, including storage of materials, vehicle parking, excavation, or soil compaction, are permitted on the naturestrip or within the Tree Protection Zone of the existing street trees.
3. Street trees must not be removed, lopped, damaged or pruned by any party other than Brimbank City Council authorised contractors or staff.

1. A Development Contribution in accordance with the approved Development Contributions Plan must be paid to Brimbank City Council.

a) Be paid prior to the issue of a building permit for the land or prior to Statement of Compliance (SOC) for the subdivision of the land associated with the development permit, whichever comes first; OR

b) When a staged subdivision is sought, be paid prior to the issue of a Statement of Compliance based on the net increase within each stage.

1. The use may operate only between the hours of 6:30am to 6:30pm Monday to Friday without the written consent of the Responsible Authority.

1. Except with the prior written consent of the Responsible Authority, the maximum number of children cared for in the centre must not exceed 102 at any one time.

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

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

(b) Appearance of any building, works or materials

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

(d) Presence of vermin.

1. All security alarm sirens or similar siren devices installed on the land must be of a silent type in accordance with any current standard published by Standards Australia International Limited and be connected to a security service.
2. All external plant and equipment must be acoustically treated or placed in soundproof housing to reduce noise to a level satisfactory to the Responsible Authority.
3. No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building without the written consent of the Responsible Authority.

1. Prior to the commencement of the use hereby approved, an amended Waste Management 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 plan must be generally in accordance with the plan prepared by Quantum Traffic (Revision 3, dated 14/11/2024) but modified to change the collection times specified in Section 2 to:
   • 6:30AM - 8:00PM Mondays to Fridays (except for the times specified below).
   • No collection is to occur between 7:45am and 8:45am and 3:30pm and 5:30pm Mondays to Fridays.
   • No collection to occur on Saturdays, Sundays or public holidays.
2. Collection of waste must be conducted in accordance with the approved and endorsed Waste Management Plan, so as not to cause any disturbance to nearby residential properties.
3. All waste material not required for further on-site processing must be regularly removed from the site. All vehicles removing waste must have fully secured and contained loads so that no wastes are spilled or dust or odour is created to the satisfaction of the Responsible Authority.

1. Prior to the commencement of the use, the acoustic fence must be erected along the eastern, western and southern property boundaries. The fencing must be in accordance with the recommendations of the approved acoustic report prepared by Octave Acoustics dated 22 September 2025 endorsed by Council and to the satisfaction of the Responsible Authority.
2. Prior to the commencement of buildings and works, a noise management plan must be prepared by a suitably qualified person to the satisfaction of the responsible authority. Once approved the plan will be endorsed and form part of this permit. The plan must be generally in accordance with the recommendations of the report prepared by Octave Acoustics dated 22 September 2025 and the Environment Protection Regulations 2021.
3. The use must operate in accordance with noise management plan and the Environment Protection Noise Regulations 2021 to the satisfaction of the responsible authority.

1. During the construction phase of the development, the following conditions shall be met:

(a) Only clean rainwater shall be discharged to the stormwater drainage system;

(b) Stormwater drainage system protection measures shall be installed as required to ensure that no solid waste, sediment, sand, soil, clay or stones from the premises, enters the stormwater drainage system;

(c) Vehicle borne materials shall not accumulate on the roads, naturestrips and footpaths abutting the site;

(d) All machinery and equipment must be cleaned (if required) on site and not on adjacent footpaths or roads;

(e) All litter (including items such as cement bags, food packaging and plastic stripping) must be disposed of responsibly;

(f) All site operations shall comply with the Environment Protection Noise Regulations 2021.

1. Before the use or occupation of the development starts, the area set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be:

(a) Constructed in concrete or asphalt;

(b) Properly formed to such levels that they can be used in accordance with the plans;

(c) Drained;

(d) Illuminated;

(e) Line marked to indicate each car space and all access lanes and

(f) Clearly marked to show the direction of traffic along access lanes and driveways

1. Car spaces, and driveways must be maintained and must not be used for any other purpose that would prevent vehicles accessing and using the on-site parking.
2. Protective kerbs (of a minimum height of 150 mm) must be provided to the satisfaction of the Responsible Authority to prevent damage to fences or landscaped areas and to control drainage flows.
3. Prior to the commencement of the use hereby approved, a vehicular crossing must be constructed to the road to suit the proposed driveway in the location shown on the endorsed plans to the satisfaction of the Responsible Authority. A Vehicle Crossing Permit must be obtained from Council's Engineering Department prior to any works commencing on the site.
4. Prior to the commencement of occupation, all disused or redundant vehicle crossings must be removed and replaced with kerb and channel, and the naturestrip and footpath reinstated to the satisfaction of the Responsible Authority. A permit must be obtained from Council's Engineering Department prior to the commencement of these works.
5. The owner/developer is responsible for determining the location of any road infrastructure or non-road infrastructure in the road reserve (e.g. pits, poles, water mains, gas mains, telecommunications cables etc.) that could be affected by the installation of the new crossover or related works.

Any existing road infrastructure or non-road infrastructure located within or adjacent to the new crossover must be altered, relocated or reconstructed to the satisfaction of the Responsible Authority and/or the relevant utility provider or infrastructure manager at the expense of the owner/developer.

1. The crossover must be located and constructed to the satisfaction of the Responsible Authority in accordance with plans approved by the Responsible Authority. The plans submitted must show all services within the road reservation including power poles, drainage pits, Telstra pits, trees, road humps, bus stops and any other road infrastructure or asset that may hinder or impact on the operation of the crossover.

1. Access to the site and ancillary road works must be constructed in accordance with the requirements of the Responsible Authority.
2. An on-site stormwater drainage retention/detention system must be installed on the subject land to the satisfaction of the Responsible Authority.
3. The entire development site must be connected to the existing underground drainage and sewerage systems to the satisfaction of the Responsible Authority.
4. The developer is to incorporate Water Sensitive Urban Design (WSUD) principles into the design. The design is to be certified by a competent Engineer and provided to the Responsible Authority.
5. The developer is required to treat flows from the site to eliminate contaminants entering the system to the satisfaction of the Responsible Authority.
6. The performance of any Water Sensitive Urban Design (WSUD) device must be monitored and maintained such that it continues to meet Best Practice standards. In the event that the device fails to meet Best Practice standard it must be repaired or replaced with an alternate at the cost of the owner/operator of the site 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 two (2) years of the issued date of this permit.

(b) The development is not completed within four (4) years of the issued date of this permit.

(c) The use does not start within two (2) years of completion of the development.

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] 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.

[2] As identified in the Brimbank Activity Centre Strategy 2018 referenced in Clause 11,03-1L-01.

[3] https://www.abs.gov.au/census/find-census-data/quickstats/2016/SSC22385 retrieved 21 November 2025.

[4] [2005] VCAT 1133 (8 June 2005)

[5] As outlined in Community Services and Infrastructure Plan 2018-2038 (Brimbank City Council. 2018) page 27.