1. I have considered the photographic evidence and my inspections of existing signage in the surrounding area of the MAC. There are a wide variety of sign types, scales and formats, and that is not surprising in a MAC.
2. I agree with the Council and Ms Emons that the number of signs needs to be reduced for better overall consistency with signage in the area. The pole signs at Point Nepean Road and McCombe Street and the business signs on the north and south facades are acceptable. The two centrally-located business signs on the south-west façade creates a disorderly outcome. I will require their removal.
3. The business signs on the façade facing Point Nepean Road are large but the building is setback 36 m and behind the adjoining building. They will not be visible to south-west bound drivers until at close range.
4. On the adjoining land, Aldi has two internally illuminated pole signs facing both Point Nepean Road and McCombe Street and rear. Both are about 1.5 m by 2 m. The two proposed pole signs of about 2.3 m by 2.4 m and having an overall height of 6 m are therefore reasonable in context.

1. The bottle shop is the first large-format bottle shop in the southern peninsula. Having regard to the public disorder concern underlying the local law, it is unsurprising that proposed has raised some concern.
2. The Council relied in part on potential harms including the harms of alcohol misuse in the general area. Clause 52.27 does not enable me to consider those wider harms unless they have an amenity impact of the surrounding area. After considering the relevant impacts in the assessment area, the Council has not persuaded me of any unreasonable impacts.
3. The decision of the Council will be set aside and a permit granted subject to conditions.

Buildings and works for a bottle shop, use of the land to sell liquor under a packaged liquor licence, the display of advertising signs, the alteration of access to land in a Road Zone Category 1, and a reduction in car parking requirements

1. Before any buildings or works start, plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, and endorsed accordingly, these plans will form part of this permit. Such plans are to be drawn to scale with dimensions and three copies are to be provided. The plans are to be in accordance with the submitted plans but modified to show:

1. The maximum height of any pole sign not to exceed 6.0 metres above natural ground level and the maximum height of any other advertising sign not to exceed 7.0 metres above natural ground level. 2. Details of access and egress to the site in accordance with the requirements of Council's Traffic Engineer and VicRoads.

1. Seats and rubbish bins for the use of store patrons. 2. A Landscape Plan for the site to show predominantly native indigenous plants to be planted with the species, quantity and size at planting nominated and their location shown on the site. 3. Details of any proposed fencing. 4. An acoustic fence to a height of 2.1 metres designed in accordance with specifications prepared by an acoustics engineer, the fence to run along the length of the common boundary between the subject land and 14 McCombe Street. 5. Deletion of the 6.7 m by 3.1 m and 3.0 m by 3.6 m promotional signs centrally located on the west elevation of the building.

1. The layout of the land, the size and type of the proposed buildings and works, including the materials of construction, on the Endorsed Plan must be complied with and not altered or modified without the consent of the Responsible Authority.

1. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

1. All waste water from the approved development must be disposed to the South East Water reticulated sewerage system to the satisfaction of the Responsible Authority.

1. Before any buildings or works starts, the owner must provide an updated detailed Stormwater Drainage Plan for the development to the satisfaction of the Responsible Authority. The Drainage Plan must be in accordance with the 'Urban Stormwater - Best Practice Environmental Management Guidelines' CSIRO Publishing, 1999.

1. Before the use starts, a management plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The management plan must provides for the operation and management of the bottle shop and which outlines the bottle shop manager will implement Responsible Service of Alcohol Practices. The approved management plan must be complied with and not be altered or modified without the consent of the Responsible Authority.

1. Before the use starts, security lighting and a video surveillance recording system must be installed to the satisfaction of the Responsible Authority. The video surveillance recording system must be able to clearly identify individuals and must record date and time and provide continuous images of all entrances and exits. The security lighting and a video surveillance recording system must be maintained to the satisfaction of the Responsible Authority.

1. The sale of packaged liquor from the bottle shop shall not occur outside of the following hours:

1. Before any works associated with the development starts, detailed Construction Plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The Plans must be drawn to scale with dimensions and three copies must be provided. The Plans must show:

1. All areas of the development being drained by means of an underground drainage system that discharges to the existing drainage system at the front of the property within Point Nepean Road. 2. A drainage system on the site being designed to ensure stormwater runoff exiting the site meets the current best practice performance objectives for stormwater quality, as contained in the Urban Stormwater Best Practice Environmental Management Guidelines (Victorian Stormwater Committee, 1999).

1. A drainage surcharge route within the development to avoid inundation of any dwellings.

1. Details, including levels of the common driveway within the site. 2. The design of all vehicle movements entering and exiting the property being in a forward direction. 3. Vehicular crossings being constructed to the road to suit the proposed driveways, with any redundant crossing or vehicle laybacks being removed and replaced with kerb and channel, footpath and reinstated nature strip to the satisfaction of the Responsible Authority. 4. Access to any ground floor tenancy or common property from any adjoining street is to be in accordance with current Australian Standards for accessibility and match the surrounding footpath levels at the property boundaries.
2. Before any works associated with the development starts, drainage computations are required for the drainage system, including consideration of any drainage catchment external to the development that may drain to the drainage system.
3. Before the initial occupation of the development, the areas set aside for the parking of vehicles, access lanes and driveways as shown on the endorsed plans must be:

1. Constructed. 2. Properly formed to such levels that they can be used in accordance with the plans.

1. Surfaced with reinforced concrete, asphalt or paving.

1. Drained and maintained. 2. Line marked to indicate each car space and all access lanes. 3. Clearly marked to show the direction of traffic along access lanes and driveways. to the satisfaction of the Responsible Authority.

1. During construction all materials and builder's facilities including toilets must be stored onsite and the site must be maintained in a clean condition to the satisfaction of the Responsible Authority.

1. Before any buildings or works start, the owner must submit a layout plan to the satisfaction of the Responsible Authority, generally in accordance with Drawing no. TP02 dated 9 May 2011 prepared by i2C Design & Management, showing a 1.5 m wide pedestrian path between the north-east corner of the car park and the Point Nepean Road footpath. This path would be located between the parking and the signage, and would be accommodated by moving the parking bays adjacent to Point Nepean Road around 0.9 m west. The painted path alongside the building must be shown, while the rear car park aisle is to act as the pedestrian link to McCombe Street.

1. Before the sale of packaged liquor commences or the bottle shop building is open to the public, the areas set aside for the parking of vehicles and access lanes and the pedestrian paths as shown on the Endorsed Plans must, to the satisfaction of the Responsible Authority, be:

1. Constructed. 2. Properly formed to such levels that they can be used in accordance with the Plans.

1. Surfaced with an all-weather seal coat or similar approved impervious surface or hard standing surface.

1. Drained and maintained. 2. Line-marked to indicate each car space and all access lanes. 3. Parking spaces allocated for disabled persons use. 4. Parking spaces for visitors allocated and marked.
2. Parking areas and access lanes must be kept available for these purposes at all times.
3. The selection of paving materials to be used on the land must be to the satisfaction of the Responsible Authority.
4. In areas set aside for car parking, measures must be taken to the satisfaction of the Responsible Authority to prevent damage to fences or landscaped areas.
5. Outdoor lighting for the car parking areas must be designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on (so that no direct light falls onto) adjoining land.
6. Concrete kerbs or other barriers must be provided to the satisfaction of the Responsible Authority to prevent direct vehicle access to an adjoining road other than by a vehicle crossing.
7. Signs not greater than 0.3 square metres must be provided directing drivers to the area set aside for car parking and such signs, their location and maintenance must be to the satisfaction of the Responsible Authority.
8. The loading and unloading of goods from vehicles must only be carried out on the land.
9. Adequate signs and pavement markings to the satisfaction of the Responsible Authority must be provided to direct and control the flow of traffic within the site.

1. Before the development starts, the owner of the land must submit a Construction Management Plan to the satisfaction of the Responsible Authority. The management plan must provide details of:

1. Hours during which construction activity will take place. 2. Measures to control noise, dust and water runoff.

1. The location of where building materials are to be kept during construction.

1. Site security. 2. Any other relevant matters.
2. The Construction Management Plan is to be to the satisfaction of the Responsible Authority and must be implemented for the duration of the development of the land.
3. The owner/developer must comply with the Construction Management Plan at all times to the satisfaction of the Responsible Authority. Amenity
4. All ground surfaces on the land must be kept dust free by the planting of grass or by other treatment to the satisfaction of the Responsible Authority.

1. The amenity of the area must not be unreasonably detrimentally affected by the use or development, through the:

1. Transport of materials, goods or commodities to or from the land; 2. Appearance of any buildings, works or materials;

1. Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil; or

1. This permit will expire if the development is not commenced and completed within two years of the date of this permit and the sale of packaged liquor has not commenced within two years of the date of this permit unless the Responsible Authority grants an extension to that time upon receipt of a request for such extension prior to or within three months of the expiry date.

1. Prior to the occupancy of the development hereby approved, the works set out in the Landscape Plan for the entire site must be completed to the satisfaction of the Responsible Authority.
2. The extent of clearing of trees as shown on the endorsed plans must not be altered or modified without the further consent of the Responsible Authority.

1. The materials and finish of all buildings must be in accordance with the Endorsed Plans or other non-reflective materials or painted in muted shades of colours approved by the Responsible Authority and then maintained to its satisfaction.

1. Pedestrian ramps and entrance doors must be constructed to accord with the standard of the Australian Standards Association for Disabled access. This access must be provided to the satisfaction of the Responsible Authority prior to any part of the development allowed by this permit being occupied.
2. Any paths leading to these facilities are to be designed and constructed to accommodate those using walking frames and wheelchairs, including motorised wheelchairs (i.e. to be of a suitable width for wheelchairs, with passing areas at appropriate spacings and made of a suitable non-slip surface).
3. Car parking provided at this facility and designated for use by disabled persons must be designed in accordance with Drawing no. TP02 dated 9 May 2011 prepared by i2C Design & Management. At least one car space must be designated for disabled persons use.

1. All security alarms or similar devices installed on the land must be of a silent type approved by the Standards Association of Australia and be connected to a registered security service to the satisfaction of the Responsible Authority.

1. All pipes, fixtures, fittings and vents servicing any building on the site (except down pipes) must be concealed in service ducts or hidden from view or otherwise to the satisfaction of the Responsible Authority.
2. All concealed down pipes are to be constructed of copper or other non corrosive material.
3. No plant, equipment, services or architectural features other than those shown on the endorsed plan are permitted above the roof level of the building(s) except with the prior written consent of the Responsible Authority.

1. Adequate provision must be made for the storage of garbage, bottles and other solid wastes in bins or receptacles within screened areas shown on the Endorsed Plans to the satisfaction of the Responsible Authority. No waste or garbage receptacles are permitted outside the building except on collection days. Provision for the collection of waste must be to the satisfaction of the Responsible Authority.
2. Unless with the permission of the Responsible Authority, collection of waste must not cause any disturbance to nearby residential properties and must only occur between the hours of 6:00 a.m. and 8:00 p.m. Monday to Friday.

1. Unless with the permission of the Responsible Authority, deliveries of goods (not including mail or newspaper deliveries) to the site must only be undertaken:

1. Between the hours of 6:00 a.m. and 7:00 p.m., Monday to Saturday; and 2. 9:00 a.m. to 5:00 p.m. on Sunday; and

1. Only from the Point Nepean Road entrance to the site outside of the above hours.

1. Line marking and directional arrows must be provided to direct and control the flow of traffic from Point Nepean Road internal/external to the site, to the satisfaction of the Responsible Authority.
2. Car parking spaces must be designed to allow vehicles to drive forwards when both entering and exiting the property, to the satisfaction of the Responsible Authority.
3. The existing redundant vehicle crossover at Point Nepean Road frontage of the site must be removed and the footpath and kerbing reinstated to the satisfaction of the Responsible Authority.

1. The requirements of VicRoads set out in the preceding conditions must be completed to the satisfaction of the Responsible Authority prior to the occupation of the approved development and the commencement of the bottle shop use.
2. To ensure compliance with this permit all buildings car park and roadways must be set out by a licensed surveyor and the survey report must be lodged with the Responsible Authority upon completion of the footings, prior to the external wall construction proceeding above floor level and prior to the roadways being completed.
3. To ensure compliance with this permit a licensed Surveyor's Report confirming reduced levels as shown on the Approved Plans with particular regard to the finished floor levels must be submitted to the Responsible Authority on completion of the floor.
4. The acoustic fence constructed along the common boundary with 14 McCombe Street must be completed to the satisfaction of the Responsible Authority and at the permit holder's cost, prior to the commencement of any substantial buildings or works on the subject land.

1. Prior to the commencement of any buildings or works the owner shall consolidate the two lots into one lot and shall remove drainage easements and create alternative drainage easements all to the Responsible Authority.

[1] Amendment VC79 to all schemes (in operation 8 April 2011).

[2] The licence application plans were the same, in all practical respects, to the permit application plans. The 'red line' licensed area encompassed the boundaries of the bottle shop building.

[3] Statement of policy under the LCR Act issued by the Minister for Consumer Affairs on 5 October 2010.

[6] This is consistent with the principle that a discretion under a scheme must only be exercised in accordance with the purpose for which the discretion is conferred.

[7] This is relevant because a median prevents right hand turns from the land to Point Nepean Road.

[8] The land is subject to ESO25 as is all land fronting Point Nepean Road. The Department of Sustainability and Environment, as referral authority in ESO25, did not object to the permit application.

[9] Victoria, Department of Planning and Community Development, Licensed premises: Assessing cumulative impact, Practice Note 61 (March 2011).

[10] If this was not the key underlying concern, then movement by other means (eg private car, taxi or public transport) would have resulted in an assessment area way beyond 500 m, leading to a highly problematic and speculative assessment of impacts at such distances.

[11] See the evidence considered in Nardi v Director of Liquor Licensing [2005] VCAT 323; Hansen v Director of Liquor Licensing [2006] VCAT 2544; Joshamie Nominees Pty Ltd v Director of Liquor Licensing [2009] VCAT 2188; Papas v Director of Liquor Licensing [2008] VCAT 1944.