"Use and staged development of multi-unit residential development including multi storey townhouses, and apartments with associated dispensation from the requirements of Clause 52.06 (car parking) of the Stonnington Planning Scheme and associated landscaping generally in accordance with the endorsed plans and subject to the conditions listed below."

1. The conditions on the permit are contained in Appendix 1 to this decision.

Amendment to permit to: Use and staged development of multi-unit residential development including multi storey townhouses, and apartments with associated dispensation from the requirements of Clause 52.06 (car parking) of the Stonnington Planning Scheme and associated landscaping.

Section 87A of the Planning and Environment Act 1987

Partly demolished recycling and refuse transfer station

Mr Stuart Morris QC, instructed by Mr Mark Naughton of Planning & Property Partners lawyers. They called evidence from:

1. This is an Application for Review by Clara Mews Pty Ltd[1] seeking amendment to the permit for a large redevelopment project in Surrey Road South Yarra abutting the Melbourne to Pakenham/Frankston rail line. The proposed development comprises a mix of dwelling types including a 13 storey apartment building, three storey terrace housing and other apartment style buildings. Clara Mews wish to change one section of the development by replacing three "villa" apartment buildings comprising 10 dwellings with one single four level apartment building comprising 20 apartments.
2. The responsible authority is opposed to the changes on the basis that:
   • The apartment building poorly responds to its context.
   • The amendment will result in a consistency of built form within the site, which is at odds with the prevailing neighbourhood character outside the site.
   • The apartment building will have a negative impact on the amenity experienced in the public park.
   • The mix of dwelling type proposed fails to comply with the Section 173 Agreement.
3. The applicant has experienced difficulty in selling the concept of villa style apartments following an extensive and expensive marketing campaign for the entire development and whilst other sections of the development have sold, the villa style apartments have not received market support. The applicant has therefore re-examined and redesigned this portion of the project after having success in selling the smaller and less expensive apartments elsewhere on the site.

1. The key features of the proposal are
   • Replacement of the approved three villa buildings on the eastern side of the site, with a four storey apartment building. The new apartment building is a typical apartment block with a parapet height of 12.8 metres. It will be oriented to the proposed new parkland to the south of the site. The height is marginally higher than o the villa buildings but is also set further away from a residential interface to the east, close to the eastern right-of-way (Drain Reserve Road).
   • An increase the number of dwellings from 10 to 20 or 195 to 250 in the overall development scheme.
   • An increase the setback from the east boundary, which will vary between 3.2 metres and 3.9 metres. This will assist to accommodate an existing South East Water sewerage easement that was intended to be relocated.
   • Provision of 25 car parking spaces allocated to the 30 apartments, by changes to layout of the basement car parking area.

1. The subject site is the old Prahran waste transfer station and council depot that fronts Surrey Road. The site has some remnant buildings from its past use although most buildings have been demolished and there are substantial hoardings around the site.
2. The refuse transfer station/council depot is to be divided in two parts with the front part fronting Surrey Road retained by the Council and developed as parkland with the rear section running between the Melbourne- Pakenham/Frankston railway line and Palermo and Clara Streets forming this development site.
3. The site has a frontage of 31.77 metres to Palermo Street and a further frontage of the extension to Palermo Street (a right-of-way of 42.63 metres) which separates the site from 14 Clara Street (its northern neighbour). It also has an abuttal to Drain Reserve Road on its eastern boundary and a southern abuttal to the Melbourne - Pakenham/Frankston rail line for about 135 metres. The land falls about 3.4 metres from southwest to northeast.
4. Land to the south of the railway line comprises the multi-level car park forming part of the Jam Factory entertainment complex.
5. Properties to the east of Drain Reserve Road in Surrey Road comprise a number of fine-grain, lower level dwellings that have garages and vehicle entrances to Drain Reserve Road. One property at 81-83 Surrey Road recently had a permit issued for three storey development issued on 30 June 2009.

1. The relevant part of the site is now zoned Residential 1 under the Stonnington Planning Scheme and has an Environmental Audit Overlay affecting it[2]. The remaining part of the site is now Public Park and Recreation Zone.
2. There are various State and local planning policies of relevance that underpin the discretion in this matter, and more particularly:
   • Clause 19.03 - Design and Built Form
   • Clause 22.02 - Urban Design Policy
   • Clause 22.06 - Residential Character Amenity and Interface Policy
   • Clause 22.12 - Traffic Policy
   • Clause 22.13 - Parking Policy

1. At the review hearing Mr Crawford provided a detailed written submission and supplemented this with previous approved plans of the development, locality plans, planning scheme information and other background material for the site.
2. Mr Morris relied on the written evidence of the four witnesses, whom were available for cross-examination.
3. I note both objectors had tabled written submissions but had not attended the hearing. The objectors' submissions focused on car parking and traffic.
4. At the end of the first hearing day I undertook an inspection of the subject site and surrounding neighbourhood. This greatly assisted in my appreciation of the site context, neighbourhood character and issues debated at the hearing.
5. At the conclusion of the hearing I allowed the Application for Review and directed the issuance of a permit in the form sought and which now forms part of the decision. I provided brief oral reasons, but I consider that for the benefit of both parties it was appropriate to document my reasons.
6. There were four principal issues to be addressed in this application:
   • Does the revised apartment building respond to its context?
   • Does the amendment result in a development that is at odds with the prevailing neighbourhood character outside the site?
   • Will the apartment building have a negative impact on the amenity experienced in the public park?
   • Does the mix of dwelling type fail to comply with the Section 173 Agreement affecting the site?

Section 173 Agreement

1. The responsible authority did not advance any issue with the Section 173 Agreement. Mr Morris explained that revisions had been undertaken to the parking layout that obviated Council's original concern in this matter.

Does the revised apartment building respond to its context?

1. This is a relatively large redevelopment site close to the Chapel Street Activity Centre and abutting the busy Melbourne - Pakenham/Frankston rail line. Land on the southern side of the rail line comprises commercial buildings and the elevated car park associated with the "Jam Factory" complex. The northern interface is across Palermo and Clara Streets is lower in scale and predominantly small scale residential on a fine-grain subdivision pattern primarily derived from the Victorian era.
2. Mr Crawford argued the "villas" mark the northern side of the future park and provide transition in scale between the apartment building and the town houses(both broad built forms- one significantly higher than the other). He also claimed the villas play an important role in linking the whole project together, providing transition in built form across the site and into neighbouring areas thereby contributing to a desirable character within the project.
3. I appreciate the efforts of the responsible authority in promoting this urban renewal project in an important strategic context. This is an exiting residential development that has, over time been modified to address market conditions whilst also responding to the general thrust of the council's objectives for the site.
4. The changes sought will not impact on most of the northern residential interface because the terrace style housing proposed will not change in this proposal. Whilst eastern section of the apartment building will be higher than the original villa buildings, the revised proposal incorporates a much greater building setback from the eastern boundary. This greater set back provides improved landscaping and provision for better vehicle manoeuvring in accordance with a condition imposed in the permit. When viewed in the context of Drain Reserve Road streetscape I consider the revised treatment is appositive outcome. The apartment building will still produce an acceptable transition between the higher (13 Story apartment building) to the lower terrace style dwellings on the northern interface.
5. The development, by design, is different to the lower scale and finer grain character to the north and whilst this section of the development changes it is still of a complementary scale and form to the overall project without any noticeable impact on the integrity of the surrounding neighbourhood.
6. The proposed structure will face over the parkland and when viewed with the landscaping plan for the parkland, there will be complementary landscape. Whether there were three individual villa building or one larger building, the outcome in a contextual sense is very similar.

Will the apartment building have a negative impact on the amenity experienced in the parkland?

1. The project has been designed to interact with the proposed parkland, the redesign of the apartments is still complimentary to the original concept plans, and importantly, it retains an active interaction with the proposed parkland. Over time, the location, size and placement of buildings has changed but, if anything, there seems to have been a consistent effort to ensure that there is adequate opportunity for pedestrians and cyclists to connect with the parkland and link with other streets to the east and west of the site. This fundamental experience will not change.
2. Any perception of a changed experience by the public is academic at this time because both the new development and the park are yet to be developed. It is appreciate that the villa apartment concept is an innovative form of urban renewal, however that does not necessarily mean the apartment building is an unacceptable outcome in this location. The important relationship of residential development interacting with the new parkland will still provide and excellent planning outcome.
3. As Mr Holdsworth stated the experience:

.........from the public domain of Surrey Road, the proposed parkland or walkway to the south of the proposed apartment building, the apartment building's architectural form, its visual interest and its presence in the urban environment is comparable to and no less engaging, that the villa buildings

1. Whether it is one apartment building or three individual villa units it is an excellent urban experience for both the developer and the Council and should be congratulated on the efforts undertaken so far. The Council and its officers should not necessarily become bogged down in detail on one part on a large scale development.

Does the amendment result in a development that is at odds with the prevailing neighbourhood character outside the site?

1. The changes are not of any major consequence to the remaining parts of the residential neighbourhood to the north or the east because they are, at present, internal to the overall development site and future parkland. Whilst the apartment building will be a , in relative terms, a little higher than the maximum height of the eastern apartment, it will also be set back a further 3.5 metres+ from its eastern interface with Drain Reserve Road. This greater set back distance, together with the condition of buildings at the Drain Reserve Road interface[3] achieves a contemporary transition in an inner suburban location under going change.
2. This apartment building will provide an appropriate mix of dwelling types and whilst the dwellings are no longer of a larger "villa" style they have other redeeming benefits including a more efficient use of the site, improved pedestrian space to the north and increased dwelling yield in an inner urban context that can easily accommodate the change.
3. During the hearing Mr Burrows gave evidence on recessed elevation treatment or in his words "interstitial space" between the primary façade elements of the building[4]. In terms of the changes I adopt Mr Holdsworth's critique of the design at paragraph:

The important south elevation differs from that of the villa buildings due to the different layout of the apartments which are smaller but, like the villas, similar in layout. This results in a grid of windows, wall panels, balustrades and wall and slab edges which appear repetitious in elevational terms. As is nearly always the case, this building will be viewed obliquely rather than straight on, and mainly from the south-east.

As discussed above, the proposed landscaping in the adjacent part of the park will significantly screen broad vistas towards this building but, nonetheless, the building will be visible from the public domain.

The south elevation is articulated to read obliquely in three sectors, each made prominent by a projecting outer 'frame' comprising the eave, two vertical blades and the cantilevered floor slabs, all of which are finished in material and colours to accentuate them over the other structural elements of the building. These slab edges, the eave lines and the balustrades are angled slightly to reinforce the three sections of the building. This is an effective technique, when viewed obliquely, compared to the gaps between the three villa buildings. The three components are separated by a 'stack' of apartments which are recessed from the line of the adjacent facade elements. This reinforces the prominence of the three components.

1. Whilst the "interstitial spaces" referred to by Mr Burrows are relatively shallow, nonetheless they assist to accentuate the protruding balcony edges and eave lines, and assist in reducing the appearance of one long building mass. The treatment provides a different, yet not inferior, contemporary architectural outcome to the northern edge of the future parkland. Whether the site contains three "villa" apartment buildings or one apartment building is a marginal issue in the context of a large urban renewal project and I consider both outcomes would be successful in addressing this new urban space.

1. I have read the submissions from objectors concerning car parking, but I consider that from the context of a large inner urban redevelopment site abutting one of the busiest transport routes in Melbourne and within walking distance of one of the largest activity centres in metropolitan Melbourne, that the car parking provided is acceptable. In recent times, various inner suburban municipalities have examined different approaches to car parking rates, including imposing maximum rates rather than minimum rates in an effort to encourage greater use of public transport and bicycles in lieu of attempting the almost impossible task of providing optimum car parking that is unsustainable on environmental and traffic congestion terms.
2. There was discussion about the description of the approval and I have adopted the description sought by the applicant noting, that with the change in zoning a permit is no longer required for dwelling use. However, all parties present consider it was prudent to retain the existing approval to reflect the approval history of this site.

1. For the abovementioned reasons I consider it is appropriate to amend the existing approval and direct the issuance of an amended permit with revised conditions to reflect the different apartment building.

1. Before any stage of the development starts, amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority for that stage of the development. The first stage of development is to be the earthworks, northern basement, and townhouses, with the second stage to be the balance of development. 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 three copies provided generally in accordance with the advertised plans dated 24 May 2007 and 25 June 2007 (all other parts of the development) 21 May 2008 (apartment building), and May 2009 (park apartments), but modified to show:

1. Townhouse 1 is to be altered to reduce the wall height and/or increase setbacks to the west boundary, to allow adequate daylight to the windows of the adjoining property to comply with Standard B19 of clause 55.04-3 of the Planning Scheme. 2. The setback to the east boundary of the second floor area (upper most level) of Townhouse 14 is to be increased by an additional 2 m.

1. Redesign of the basement entry to provide for all waste and recyclables to be collected within the proposed development and for all vehicles associated with this activity to be able to enter and exit the area set aside for waste management activity to be able to do this in accordance with the applicable Australian Standards.

1. Details of the layout of level 2 to Townhouse type 3 shown on drawing no. TP019 dated 24 May 2007. 2. Details and final location of the removable bollards to the right of way to be to satisfaction of Council's Transport and Parking Unit and Waste Management Unit. These are to provide for adequate turning circles for garbage trucks and are not to impede access and turning circles of properties fronting Surrey Road North. 3. Details of suitable traffic management devices and measures that will be utilised to manage vehicle access and exit movements so as to ensure a safe pedestrian and vehicle environment for all users of the roadway 4. Provision of a wall/barrier, which prevents vehicle access at basement level 1, between the parking area to the north and the parking area to the south. 5. The overall height of the wall along the east portion of Palermo Street to be decreased in height by a minimum 1m and that any balustrade must be detailed to the satisfaction of the Responsible Authority. 6. The submission of fencing details for Palermo Street and Drain Reserve Road and all internal fences. 7. The site layout plan showing all easements and restrictions with no dwellings to be constructed over the public walkway areas. 8. Details of any plant and equipment not located in the basement (including air conditioning, rooftop plant, lift overruns etc.). This is to be incorporated as part of the overall building design.

1. Lighting to be provided in the public walkway area with no unreasonable spillage of light on to adjoining existing properties.

1. Location of car park exhaust fan outlets. 2. The location of letterboxes. 3. Provision of bicycle facilities to meet the requirements of clause '52.34 Bicycle Facilities' of the Planning Scheme and 'AS 2890.3 - 1993'. 4. The gradients within the proposed parking bays and parking area are to be in accordance with Section 2.4.6 of AS 2890.1. 5. Visitor car parking spaces to be marked on plans and to be line-marked a different colour. 6. The ramp grades and width are in accordance with section 2.5 of AS 2890.1. This is to be demonstrated by providing a longitudinal section of the proposed ramps from the centre line of the road to and throughout the parking area. 7. All proposed columns location and spacing within the car park for the development are in accordance with clause 5.2 of AS 2890.1. 8. The headroom at the entry point and throughout the car park is in accordance with section 5.3 of AS 2890.1 and is to be demonstrated by providing a cross section. 9. The sight distance at access driveways exits is to meet the requirements as per Section 3.2.4 of AS 2890.1.

1. The proposed vehicle crossing is to be designed and constructed in accordance with Council's standard vehicle crossing details.

1. All modifications to the building envelope of the apartment tower building needed to achieve compliance with condition 23 in respect of drainage.

1. Details of all acoustic measures required to address noise from the adjoining railway line to the south, as detailed in the report from Marshall Day Acoustics dated 21st May 2007.

1. The submission of a Landscape Plan to accord with condition 5. 2. The paved width of the access road off Surrey Road reduced to 5.5 metres, except where required to facilitate access for large vehicles, and the provision of a 500 mm wide landscape strip adjacent to the residential property to the north. 3. Queue length designed to accord with the requirements of condition 13(d). 4. Provision of a larger waste storage capacity in accordance with the first bullet point of condition 29.

1. A staging plan identifying what is to be in the respective stages 1 and 2 of the development.

Further details and articulation of the facade of the apartment tower building to soften its architectural expression to more appropriately reflect its park setting to the satisfaction of the Responsible Authority. This should include, but not be limited to, further architectural treatment, details and expressions to the podium element and the building form above the podium.

The development allowed by this permit and shown on the plans endorsed to accompany the permit shall not be amended for any reason without the consent of the Responsible Authority.

Prior to the completion of the development hereby approved detailed plans must be submitted to, approved and endorsed by the Responsible Authority showing a directional signage system in the basement car park and at ground level to all building entrances on the site to the satisfaction of the Responsible Authority.

Prior to the use commencing, the designs of any road works or traffic control devices required to be constructed or modified by the applicant as part of the development must have a Road Safety Audit undertaken by an independent Road Safety Auditor and the design response must be to the satisfaction of Council's Transport and Parking Unit.

Within 6 months of the commencement of the development hereby approved a detailed landscape plan generally in accordance with the Landscape Master Plans (prepared by Tract) submitted and date stamped by the Responsible Authority 24 May 2007 and 21 May 2008 must be submitted and approved by the Responsible Authority. The works shown on the endorsed landscape plan must be carried out and completed within 3 months of the completion of construction of any stage of development to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority. The Landscape Plan is to address the following:

1. Replace Magnolia 'Little Gem' with a quicker growing plant species.

1. Provision of a second garden tree (in addition to the Malus ioensis 'Plena').

1. Ensure that landscaping is compatible with the landscaping themes for the remainder of the development including the public park.
2. Replacement of the Hymenosporum flavum with an alternative plant species to the satisfaction of the Responsible Authority.

The ongoing maintenance and responsibility of the garden and landscaped areas is to be undertaken by the body corporate to the satisfaction of the Responsible Authority.

The office uses at basement level 1 for townhouses 13 and 14 are to be used only in conjunction with, and ancillary to, the residential use of these tenancies.

All plant and equipment (including air-conditioning units) shall be located and screened so as to not be visible from any of the surrounding footpaths and shall 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.

The emission of noise or any other emission to the environment derived from activities on the site must conform to standards contained in the appropriate State Environment Protection Policy or Policies.

All walls on or facing a boundary must be treated and cleaned to the satisfaction of the Responsible Authority prior to the approved development being occupied.

All privacy screening measures shown on the endorsed plans (including terraces and balconies) of the buildings must be fixed and permanent in line with Standard B22 of Clause 55.04-6 to the satisfaction of the Responsible Authority.

The specific details of the construction of the carriageway including the width, material type, grades, location and any other relevant detail must be submitted to Council's Infrastructure and Parking and Transport Units for approval.

Prior to completion of the development a Parking Management Plan is to be submitted to the satisfaction of Council and shall:

1. Designate parking spaces to the individual tenancies/dwellings;

b) Detail the signing and line marking of parking spaces;

c) Detail where and how loading and unloading will occur;

d) Detail any access controls to the parking and waste management area, such as boom gates which shall take into account the required queue length required as per section 3.4 of AS 2890.1; and

1. Show the location of the Visitor Intercom Panel.

Any poles, service pits or other structures/features on the footpath required to be relocated to facilitate the development must be done at the cost of the owner and subject to the relevant authority's consent.

Any obsolete vehicle crossover/s (including the crossovers to Surrey Road) except those directly associated with the reserve lot (the Park) must be removed in conjunction with the development and the footpath, kerb and channel reinstated all at the cost of the owner and to the satisfaction of the Responsible Authority.

Air extraction fans, air conditioning and all other plant and equipment installed on the subject buildings shall be baffled in accordance with the requirements of the Environment Protection Authority. Ventilation systems shall be designed and installed in accordance with relevant Australian Standards to the satisfaction of the Responsible Authority.

Any external lighting must be designed, baffled and located to suitably manage any adverse effects on adjoining land to the satisfaction of the Responsible Authority.

Prior to the commencement of any buildings and works allowed by this permit the owner and/or developer must submit a Construction Management Plan for that stage of development to the satisfaction of the Responsible Authority. The Construction Management Plan must include details on how the construction will be undertaken so it has minimal impact on the environment. Details to be provided in the Construction Management Plan will include, but are not be limited to:

1. Full work schedule/construction management plan for each individual stage to ascertain impacts on surrounding properties; 2. Public/worker access and safety issues;

1. Hours of construction activity (including at what stage "out of hours works" are proposed and what type of works are to be conducted outside the hours of operation);

1. The location of hoardings, hoists and workers' amenities; 2. The location of public precautions, loading zones, site sheds, materials, cranes and crane/hoisting zones, gantries and any other construction related items or equipment to be located in any street;

1. Details as to how traffic and pedestrian safety and amenity will be controlled within the vicinity of the site and its surrounds;
2. The provision of a traffic management plan, including detailed plans that show all items to be placed on any street during all stages of construction in accordance with approval by the responsible Building Surveyor, entry and exit points for construction vehicles (including temporary and permanent vehicle crossings), traffic management during construction including road closures/road occupation/footpath closures, work zones/construction zones to accommodate vehicles and deliveries;
   1. Service connections/road and footpath openings and anticipated impact on public land during the connection of different services;
   2. Measures to be used to protect Council infrastructure from damage;

1. A list of all environmental hazards that the activities on-site pose eg; contaminated soil, materials and waste, dust, stormwater contamination from run-off and wash-waters, sediment from the site on roads, construction noise, hours of operation, vibration, washing of concrete trucks and other vehicles and machinery, spillage from refuelling cranes and other vehicles and machinery etc;

1. Protection measures that will be undertaken to minimise the risk of the above hazards being realised;
   1. Regular monitoring/inspections of the above protection measures;
   2. Identification as to who will be responsible for managing all of the above issues; and

The Construction Management Plan must be approved and endorsed by the Responsible Authority prior to commencing construction of that stage and all buildings and works must be carried out in accordance with the approved Construction Management Plan.

All wastes generated from demolition, site preparation and construction stages shall be disposed of appropriately in accordance with the requirements of the EPA to the satisfaction of the Responsible Authority.

The drainage of the site shall be to the requirements of the Responsible Authority and the discharge of water from the land affected by this permit shall be controlled around its limits to prevent any discharge onto any adjacent property or street other than by means of an underground pipe discharged to a point nominated to the satisfaction of the Responsible Authority.

An engineer is to be engaged to evaluate the public drains with regard to accommodating these drains within the development. A formal application for consent to build over Council drains or easements must be made to Council's Building Control Unit prior to the commencement of any such works. Upon completion of the new drainage works, the owner must at its cost take all steps necessary to have the redundant drainage easements removed.

New 2.0m wide drainage easements are to be created in favour of Council over the new easement drains, at the permit holders cost, to the satisfaction of Council. The owner shall pay all costs associated with the provision of the easement drains, outfall drain and creation of the drainage easements.

Prior to the commencement of any works as part of stage 2 of the development, with respect to the 600mm diameter drain located to the south of the site, the following conditions shall apply:

1. The proposed building, and all supports, must be located at least 600mm horizontally clear of the drain except that the upper storeys of the building may be constructed over the drain if the applicant can demonstrate to the satisfaction of Council's Infrastructure Unit that reasonable access will be available to the drain from above and from the south of the drain. 2. Any development or improvements over and within 600mm of the extremity of the drain must be such that access to the drain is not unreasonably restricted, to the satisfaction of Council.

1. The footings of the building beside the drain must extend at least 1.0 metre below the underside of the drain.

1. Prior to the commencement of the stage 2 development, the owner must enter into Council's standard Section 173 agreement under the Planning and Environment Act (1987) for building over Council drains. All costs associated with the agreement must be paid by the owner. 2. Prior to the occupation of the development the owner must at its cost create a new 2.0m wide drainage easement in favour of Council over the existing drain.
2. With respect to the 225mm diameter Council drain traversing the site from west to east, the following conditions shall apply:

1. The owner must at the owner's cost construct a new drain to replace the existing drain to the satisfaction of Council. The size and capacity of the required drain must be proven prior to the commencement of the drainage works. 2. The alignment and design of the drain must be to the satisfaction of Council and must be in a generally straight line or similar to the existing alignment.

1. The existing drain or a suitable temporary 225mm diameter drain must remain operative at all times until the new drain is completed and operating.

1. The drain must be designed and constructed to the satisfaction of the Council in such a manner that the drain can be easily accessed for future maintenance and replacement, and protected from damage. 2. Inspection openings and/or pits must be provided in the drain to allow Inspection and cleaning of the drain. 3. Prior to the commencement of the construction of any buildings affected by this drain, a detailed drainage plan clearly showing compliance with the above requirements must be submitted to Council's satisfaction. 4. The works must be carried out by a licensed plumber or Drainer and a compliance certificate for the drainage works must be provided to Council at the completion of the works. 5. Prior to the issuing of a building permit for any works affecting the drain, and prior to the existing drain being removed, written consent must be obtained from Council's Building Control Unit for the building over the drain. Prior to that consent being issued, the owner must:

1. Lodge with Council a $50,000 security deposit which will be refunded in full at the completion of the drainage works to the satisfaction of Council.

1. Enter into a section 173 agreement to be prepared by Council's Solicitor to include the following undertakings:

1. The owner must accept responsibility and pay all future costs for the maintenance including replacement of the drain when necessary. 2. The owner must accept all liability associated with the drain being located through or under the proposed building and basement.

1. The owner must indemnify Council for any damage or injury associated with the drain being located through or under the proposed building and basement. This includes any breakages or blockages that may occur and subsequent flooding of the building and basement.

1. The drain must remain fully operational at all times after its completion. 2. Provide reasonable right of entry to Council to inspect the drain. 3. The owner must complete any repairs or maintenance to the drain that Council reasonably requests. 1. Pay all costs associated with the agreement.
2. 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 for any works affecting the drains. The drainage must be constructed in accordance with the Engineer's design.

8. The Clara Street extension is to remain as private land and will not become a public roadway. Its maintenance, upkeep and appearance is to be the responsibility of the body corporate to the satisfaction of the Responsible Authority.

9. Prior to the subdivision of any of the residential allotments, a detailed design for any roadworks (to surrounding streets, right of ways and/or Drainage Reserve Road) must be prepared by a suitably qualified Engineer and submitted for the approval of Council. The works must be completed at the owner's cost in accordance with the approved plan to the satisfaction and under the supervision of Council.

10. All waste and garbage/recyclables are to be collected in such a manner that does not impede vehicle access and allows vehicles to freely enter and exit the site.

11. Prior to the commencement of the use, the applicant must submit a revised waste and recycling management and collection plan to the satisfaction of the Responsible Authority.

The plan must be generally in accordance with the Draft Waste Management Plan dated 7 November 2007 submitted to the Responsible Authority and must specify:

• The provision of a larger storage capacity for recyclables and waste and must be relevant to Victorian Standards, particularly the City of Stonnington.
• Garbage collection for townhouses 7-14 is to occur from the loading bay, not the road that extends east of Clara Street.
• All garbage and recycling collection from the development must be collected by a private contractor and managed and conducted so as not to prejudicially affect the amenity of the locality by reason of appearance, noise or odours.
• Garbage and other waste collection shall only occur on a once per week basis, between the hours of 8.00 am and 6.00 pm and not be carried out at any time on Sundays.
• The collection of garbage must be carried out in a fully enclosed area within the site.
• Access to and from the loading bay is to be from Surrey Road via the access road.
• The arrangements for removing and re-installing bollards in Drainage Reserve Road and the column supporting the doors to the loading bay.
• Measures and management practices to be taken to protect the amenity of neighbouring residents during times of waste collection, how the potential negative impact of the waste collection operation will be minimised, and what actions will ensue if there is a noted or reported loss of amenity.

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. All services to the site and buildings approved as part of this permit must be provided underground to the satisfaction of the Responsible Authority.

2. Before the construction or carrying out of buildings and works in association with the use commences (with the exception of demolition of existing buildings and structures, site clearance, excavation and works associated with construction of the basement), either:

1. A certificate of environmental audit must be issued for the land in accordance with Part IXD of the Environment Protection Act 1970, or 2. An environmental auditor appointed under the Environment Protection Act 1970 must make a statement in accordance with Part IXD of that Act that the environmental conditions of the land are suitable for the use;

provided it is acknowledged that the certificate of environmental audit referred to in paragraph (a) above or the statement of environmental audit referred to in paragraph (b) can be obtained separately for stage 1 and stage 2 of the development allowing for commencement of the relevant stage.

1. Prior to the commencement of stage 2 of the development, an Environmentally Sustainable Design Report must be submitted to and approved by the Responsible Authority. The report must detail measures taken to design the apartment building using Environmentally Sustainable Design principles. When approved the Environmentally Sustainable Design Report will be endorsed and will then form part of the permit. The actions and recommendations contained within the Environmentally Sustainable Design Report must be implemented to the satisfaction of the Responsible Authority.

2. Prior to the completion of the development, a Green Travel Plan must be submitted to and approved by the Responsible Authority. When approved, the Green Travel Plan will be endorsed to form part of the permit. The Green Travel Plan must include actions and recommendations designed to reduce the use of cars and increase the use of alternative travel methods and is to include the provision of share cars, all to the satisfaction of the Responsible Authority.

3. This Permit will expire if:
   1. The development is not started within 2 years of the date of this Permit; or
   2. The development is not completed within 4 years from commencement of construction.

The Responsible Authority may extend the times referred to if a request is made in writing before the Permit expires or within the three (3) months afterwards.

No polluted and / or sediment laden runoff is to be discharged directly or indirectly into Melbourne Water's drains or watercourses.

The building/structure including footings, eaves etc must be set outside any easement or a minimum 1.5 metre laterally clear of the outside edge of the main drain, whichever is greater.

Prior to the Building Permit being issued, the depth of the footings must be adequate to satisfy the angle of repose relative to the drain as per Melbourne Water's specification. See attached Standard Drawing: 'Angle of Repose - Footing Design' for details.

Prior to the commencement of works separate application, direct to Melbourne Water, must be made for any new or modified storm water connection to Melbourne Water's drains or watercourses. Prior to accepting an application, evidence must be provided demonstrating that Council considers that it is not feasible to connect to the local drainage system.

Contact Asset Services on telephone 9235 1414 for Melbourne Water's connection requirements, including payment of appropriate fees.

Prior to any works being undertaken, the applicant must submit to VicTrack detailed engineering design drawings and specifications of the proposed works on or near VicTrack land for its approval. VicTrack's costs in assessing the proposed works shall be paid for by the applicant.

No excavation, filling or construction shall take place on or near the common boundary without first obtaining the approval of the rail operator's maintenance contractor, MainCo, by contacting Andrew Irving on 9619 7174 or 0419 523 856.

No works shall result in any subsidence of or direct any stormwater into or over VicTrack land.

No waste, soil or other materials resulting from the works are to be stored or deposited on VicTrack land.

Railway facing exterior walls on or near the common boundary with VicTrack land must have graffiti resistant surfaces.

1. Before any works associated with the development start, detailed construction / engineering plans and computations must be submitted to and approved by the Director of Public Transport, Vic Track and Connex. All necessary construction control agreements and indemnity agreements must also be in place prior to works commencing. The plans must detail all excavation of the site and impacts on the railway reserve.

2. The permit holder must take all reasonable steps to ensure there is minimal impact on the daily operation of the rail network during construction of the development unless otherwise agreed in writing with the Director of Public Transport and Connex.

3. Prior to the occupation of the development the permit holder must ensure that all reinstatement works outlined in the approved construction plans are completed to the satisfaction of the Director of Public Transport and Connex.

[1] Pursuant to Section 87A of the Planning and Environment Act 1987

[2] Amendment C94 to the Stonnington Planning Scheme gazetted on 19 March 2009

[3] That may shortly accommodate a three storey building

[4] Interstice means an intervening space

[5] No footnotes or notations are nominated by the Tribunal