1. Before the plans referred to in Condition 1 of this permit are endorsed, a Tree Management Plan (Tree Management Plan) must be submitted and approved by the Responsible Authority. The Tree Management Plan must be prepared by a suitably qualified arborist to the satisfaction of the Responsible Authority. When approved the Tree Management Plan will be endorsed and will then form part of the permit and must be implemented and complied with at all times. The Tree Management Plan must include, but not be limited to, the following:
   • (a) methods of construction;
   • (b) details of construction methods and setbacks (based on Tree Protection Zone) to protect the Silver Birch tree in the rear yard of 84 Chaucer Street, St Kilda;
   • (c) a tree protection zone for the Silver Birch tree, height of barrier around tree protection zones, amount and type of mulch to be placed above the tree protection zones and method of cutting any roots or branches which extend beyond these tree protection zones;
   • (d) standard for the pruning of the tree (if required);
   • (e) a watering regime during construction and method of protection of exposed roots; and
   • (f) a maintenance regime following the completion of development, timing of final inspection when tree protection fencing can be removed.

1. Prior to the commencement of the works permitted by this permit, including any demolition works, a fully detailed 'demolition method statement' from a qualified structural engineer must be submitted to and approved by the responsible authority. The report must be prepared by a qualified structural engineer. When approved, the statement will be endorsed and will then form part of the permit. The 'demolition method statement' must fully describe and clearly demonstrate that the construction methods to be used on site will ensure that the building fabric required to be retained on the endorsed plans approved under Condition 1 of the permit will be safeguarded during and after the demolition process has occurred. The demolition method statement may need to include reference to staging of demolitions on site in some instances. The statement must detail the necessary protection works required to retain individual walls, chimneys, flooring, roofing and other heritage features of significance during demolition.

1. The development and colours, materials and finishes as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority, unless the Port Phillip Planning Scheme exempt the need for a permit.

1. Prior to the occupation of the building(s) allowed by this permit, all new or extended walls on or facing the boundary of adjoining properties and/or the laneway must be cleaned and finished to a uniform standard. Unpainted or un-rendered masonry walls must have all excess mortar removed from the joints and face and all joints must be tooled or pointed to the satisfaction of the responsible authority. Painted or rendered or bagged walls must be finished to a uniform standard to the satisfaction of the responsible authority.

1. All piping and ducting (excluding down pipes, guttering and rainwater heads) must be concealed to the satisfaction of the Responsible Authority.

1. No plant, equipment or domestic services (including any associated screening devices) or architectural features, other than those shown on the endorsed plan are permitted, except where they would not be visible from a street (other than a lane) or public park without the written consent of the responsible authority.

1. Privacy screens as required in accordance with the endorsed plans must be installed prior to occupation of the building to the satisfaction of the Responsible Authority and maintained thereafter 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 years of the date of this permit.
   • (b) The development is not completed within two years of the date of commencement of works.

The Responsible Authority may extend the periods referred to if a request is made in writing:

- before or within 6 months after the permit expiry date, where the use or development allowed by the permit has not yet started; and

- within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires.

[1] The submissions 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.

[4] Port Phillip Planning Scheme [cl 54.04-4].

[5] Fasso v Port Phillip CC [para 24-27].

[6] Port Phillip Planning Schem [cl 54.04-4].

[8] Port Phillip Planning Scheme [cl 54.04-4].