(a) Increased roofing or arbour structures to upper level north and west facing habitable windows and outdoor areas to increase shading and all-weather useability.

(b) Glazing provided to a minimum 50% of the west elevation façade associated with Stair 01 (ground and first floor) to enhance the sense of address and street connectivity. This could be achieved by the provision of a double height vertical glazed window.

(c) A portico or awning provided to the entrance which extends from the southern edge of Stair 01 to the northern edge of the entry/lounge to allow for improved weather protection.

(d) Line marking depicting a coloured pathway along the northern side of the driveway in the car park, via the shared space, and to the pedestrian entry to the child care centre.

(e) Screening provided to the east elevations of the first floor Play Area 02 and to the east and south elevations of the first floor Play Area 03. Screening is to be a maximum 25% transparent and be provided to a minimum height of 1.7 metres from finished floor level in order to limit views to neighbouring habitable room windows and secluded private open space.

(f) External screening provided to the east-facing windows of Children's room 06. Screening should be a maximum 25% permeable and to a minimum height of 1.7 metres from finished floor level. Screening should allow an outlook while limiting downward views (i.e. deep horizontal blades) with a section diagram to be provided.

(g) A seating structure incorporated into/near the main pedestrian entrance area (along and facing the western boundary).

(h) Swept paths detailing satisfactory access for private waste collection is achieved.

(i) The location of all plant and equipment (including air-conditioners, condenser units, rainwater tanks, solar panels, hot water units and the like). These are to be:

1. co-located where possible;
2. located or screened to be minimally visible from the public realm;
3. air conditioners located as far as practicable from neighbouring bedroom windows or acoustically screened; and
4. integrated into the design of the building.

(j) The location of gas, water and electricity meters. Where meters would be visible from the public realm, these are to be:

1. co-located where possible;
2. positioned on a side boundary or adjacent to the accessway; and
3. screened from view using either landscaping or durable screening that integrates with the development.

(k) The provision of pedestrian visibility splays measuring 2.0 metres (width across the frontage) by 2.5 metres (depth into the site), to each side of the crossover to Gillies Street_._ Where within the site, the splays must be at least 50% clear of any visual obstructions (structures, vegetation and the like). The splays may include an adjacent entry or exit lane where more than one lane is provided, or adjacent landscaped areas, provided the landscaping in those areas is less than 900mm in height.

(l) Any modifications required as a result of the Landscape Plan, including identifying the location of planter boxes. Refer to Condition No. 3 of this Permit.

(m) Any modifications as a result of the Tree Protection Zone(s) (TPZ), associated tree protection fencing and tree protection measures in accordance with the requirements of Conditions No. 4 and 5 of this Permit.

(n) Any modifications required as a result of the updated Sustainability Management Plan (SMP). Refer to Condition No. 12 of this Permit.

(o) The provision of a Site Environment Management Plan in accordance with Standard W3 of Clause 53.18-6 of the Darebin Planning Scheme. Refer to Condition No. 14 of this Permit.

(p) The ground level front fence facing Darebin Road reaching a height of 1.8 metres and comprising a visually transparent material such as minimum 6mm thick glass or minimum 8mm thick Perspex.

When approved, the plans will be endorsed and form part of this Permit.

1. The development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.
2. Before plans are endorsed under Condition 1 of this Permit, a Landscape Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the Landscape Plan will be endorsed and will then form part of this Permit. The Landscape Plan must be prepared by a suitably qualified person and drawn to scale with dimensions. The Landscape Plan must be generally in accordance with the landscape plans prepared John Patrick Landscape Architects, Drawing Nos. VCAT 01 and 02 (CAD file 24-271-L VCAT.dwg), dated July 2024, but modified to show:

(a) Annotations detailing Tree Protection Zone(s) (TPZ), associated tree protection fencing and tree protection measures in accordance with the requirements of Conditions No. 4 and 5 of this Permit.

(b) Any modifications relating to landscaping required as a result of the Stormwater Management System Report as provided within the Sustainability Management Plan referred to in Condition No. 12 of this Permit.

(c) Details of all existing trees to be retained and all existing trees to be removed, including overhanging trees on adjoining properties and street trees within the nature strip. The genus, species, height and spread of all trees must be specified. All existing trees to be retained must be retained and protected in accordance with Australian Standards.

(d) Plant graphics should be transparent to make varied levels of planting viewable.

(e) A planting schedule of proposed vegetation detailing the botanical name, common name, size at maturity, pot size and quantities of all plants.

(f) Annotated graphic construction details showing all landscape applications and structures including tree and shrub planting, retaining walls, raised planter bed and decking.

(g) Type and details of all surfaces including lawns, mulched garden beds and permeable and/or hard paving (such as pavers, brick, gravel, asphalt and concrete) demonstrating a minimum site permeability of 20%. Percentage cover of permeable surfaces must be stated on the plan. Where paving is specified, material types and construction methods (including cross sections where appropriate) must be provided.

(h) The location of all plant and equipment as shown (including air conditioners, letter boxes, garbage bins, lighting, clotheslines, tanks, storage, bike racks and the like).

(i) Type and details of edge treatment between all changes in surface (e.g. grass (lawn), gravel, paving and garden beds).

(j) An outline of the approved building/s including the location of entry doors, windows, gates and fences.

(k) Clear graphics identifying trees (deciduous and evergreen), shrubs, grasses/sedges, groundcovers and climbers.

(l) Scale, north point and appropriate legend. Scale should not be varied on plans.

(m) Landscape specification notes including general establishment and maintenance requirements.

The requirements of the endorsed Landscape Plan must be complied with and implemented to the satisfaction of the Responsible Authority.

The development must not be occupied, unless otherwise approved by the Responsible Authority in writing, until the landscaping works shown on the endorsed Landscape Plan are completed to the satisfaction of the Responsible Authority.

No later than seven (7) days after the completion of the landscaping, the permit holder must advise Council, in writing, that the landscaping has been completed.

The landscaping shown on the endorsed Landscape Plan must be maintained to the satisfaction of the Responsible Authority, including by replacing any dead, diseased, dying or damaged plants to the satisfaction of the Responsible Authority.

All landscaped areas must be provided with an appropriate irrigation system to the satisfaction of the Responsible Authority.

1. Before the development (including demolition) starts, tree protection fencing (TPF) must be erected in accordance with the following requirements to provide a Tree Protection Zone (TPZ):

*as defined in the Tree Management Unit referral response dated 18/04/2024.

1. The following tree protection measures must be implemented for trees identified in the table to Condition No. 4 of this Permit:

(a) Tree protection measures must be in accordance with Australian Standard AS4970 - 2009: Protection of trees on development sites or as otherwise approved in writing by the Responsible Authority.

(b) Tree protection fencing (such as temporary fencing panels) must be constructed to the satisfaction of the Responsible Authority. The tree protection fence must be installed prior to the commencement of all works on the subject site including demolition, excavation and construction. Fencing must remain in place until construction is completed or unless otherwise agreed by the Responsible Authority in writing.

(c) The tree protection fencing must be maintained at all times and may only be moved the minimum amount necessary for approved buildings and works (construction of the approved crossover) to occur within a Tree Protection Zone (TPZ). The movement of the fencing to allow such buildings and works shall only occur for the period that such buildings and works are undertaken, after which time the full extent of the fencing must be reinstated.

(d) Where applicable to a nature strip tree, a TPZ is confined to the width of the nature strip. All fencing is to be erected prior to the commencement of all works on the site including demolition.

(e) All services must be routed outside 'Tree Protection Zones'. If there is no alternative to passing through the protection zone, the local authority and the consulting arborist must be advised in writing on the need for directional boring beneath root zone; this must be maintained at a minimum depth of 45cm in soil depth when inside the TPZ of a retained tree.

(f) Except with the written consent of the Responsible Authority:

1. The area within the TPZ and Tree Protection Fencing (TPF) must be irrigated during the summer months with 1 litre of clean water for every 1cm of trunk girth measured at the soil/trunk interface on a weekly basis.
2. No vehicular or pedestrian access, trenching or soil excavation is to occur within a TPZ, save for that allowed to complete the approved development.
3. No storage or dumping of tools, equipment or waste is to occur within a TPZ.

(g) Any pruning works must be carried out in accordance with the Australian Standard AS4373 - 2007: Pruning of Amenity Trees and undertaken by a suitably qualified arborist.

(h) The construction of the crossover (and any other buildings and works within a TPZ) must be undertaken under the supervision and direction of a qualified arborist.

(i) Open space areas within the TPZ must remain at or above existing grade and remain permeable.

(j) Where applicable to a tree on a neighbouring lot, a TPZ only applies where within the site.

(k) Before any development (including demolition) starts, all existing vegetation shown on the endorsed plan(s) to be retained must be marked and that vegetation must not be removed, destroyed or lopped without the written consent of the Responsible Authority.

(l) If a tree dies within the maintenance period it must be replaced like for like and the maintenance period starts again from the time of planting.

(m) Prior to the endorsement of plans, including any related demolition, Tree Protection Management Plan (TPMP) prepared by a suitably qualified arborist, to the satisfaction of the Responsible Authority, must be submitted to and be endorsed by the Darebin City Council. This report must be made available to all relevant parties involved with the site.

1. Details of Tree Protection Zones, as per AS4970-2009, for all trees to be retained on the site and for all trees on neighbouring properties (including public open space trees) where any part of the Tree Protection Zone falls within the subject site;
2. Protection measures to be utilised and at what stage of the development they will be implemented;
3. Appointment of a project arborist detailing their role and responsibilities;
4. Stages of development at which the project arborist will inspect tree protection measures; and
5. Monitoring and certification by the project arborist of implemented protection measures.

(n) Before any works associated with the approved development, a project arborist must be appointed and the name and contact details of the project arborist responsible for implementing the endorsed TPMP must be submitted to the

(o) Any modification to the TPMP must be approved by the project arborist. Such approval must be noted and provided to the Responsible Authority within seven days.

(p) The TPMP must include a Tree Protection Plan (TPP) in accordance with AS4970-2009 Protection of Tees on Development Sites. The TPP must:

1. Be legible, accurate and drawn to scale;
2. Indicate the location of all tree protection measures to be utilised;
3. Include the development stage (demolition, construction, landscaping) of all tree protection measures to be utilised; and
4. Include a key describing all tree protection measures to be utilised.

(q) All protection measures identified in the Tree Management and Protection Plans must be implemented, and development works undertaken on the land must be undertaken in accordance with the Tree Management and Protection Plans, to the satisfaction of the Responsible Authority.

(r) Any pruning that is required to be done to the canopy of any tree to be retained is to be done by a qualified Arborist to Australian Standard - Pruning of Amenity Trees AS4373-1996. Any pruning of the root system of any tree to be retained is to be done by hand by a qualified Arborist.

6 The opening hours of the childcare centre are limited to 6:30 am to 6:30 pm Mondays to Fridays only.

1. The capacity of the childcare centre is limited to 114 children.
2. Deliveries may only take place between 7.00am to 10.00pm Mondays to Saturdays and 9.00am to 10.00pm Sundays and Public Holidays.
3. Waste collection may only take between 7.00am to 8.00pm Mondays to Saturdays and 9.00am to 8.00pm Sundays and Public Holidays.
4. Prior to the endorsement of plans, a Noise Management Plan (NMP) must be submitted to the satisfaction by the Responsible Authority. The NMP must include measures to address the following:

(a) bringing crying children inside the centre and comforting them;

(b) the behaviour of children with respect to noise should be monitored and modified as required by adequately trained child care workers;

(c) parents and guardians should be informed of the importance of noise minimisation when entering the site, dropping off and picking up children;

(d) carers and staff should be educated to control the level of their voice while outside; and

(e) the provision of contact details for management at the childcare centre that neighbours can use to facilitate communication and resolve any issues related to noise.

1. Prior to the endorsement of plans, a Car Park Management Plan (CPMP) must be submitted to the satisfaction by the Responsible Authority. The CPMP must be generally in accordance with that prepared by TTM and dated 20 September 2023.
2. Prior to the endorsement of plans, an amended Sustainability Management Plan (SMP) must be submitted to the satisfaction by the Responsible Authority. The SMP must demonstrate a best practice standard of environmentally sustainable design and be generally in accordance with the SMP by Frater Consulting dated 12/10/2023 but modified to include the following changes:

(a) A notation indicating that the rainwater tank will be collecting from all roofed area and servicing all toilets and connected to the washing machine.

(b) Show the location and size of the planter box raingarden(s) as well as details of catchment collection area.

(c) The raingarden set back minimum 300mm from building footings and property boundaries with clear maintenance access.

(d) External operable shading devices to all first floor west facing windows and glazed doors of the regular use area rooms drawn and labelled with ASD (Adjustable Shading Device) on the floor plan and elevations. Include a product diagram or section of the proposed device (must not be roller shutters).

(e) Horizontal, fixed, external shading devices to all north facing regular use area room windows and glazed doors where not located directly under an eave or overhang. Draw and label all shading on the plans and elevations with FSD (Fixed Shading Device). Provide a dimensioned section diagram or photograph of the shading. The depth of the device must be equal to 25% of the distance from sill height to the base of the device. The device must also extend horizontally to both sides of the window or glazed door by a distance equal to the depth of the device.

(f) Double glazing 'DG' to all regular use area room windows and glazed doors annotated on each individual glazing unit and specified on the material/colour schedule.

(g) An annotation that the first-floor hallway skylights will be operable.

(h) A minimum 10 visitor bicycle parks that cater to E-bikes, cargo bikes and bikes with trailers.

(i) Provide secure and undercover staff bicycle parking (minimum four spaces) with staff showers and lockers provided.

(j) A Daylight Modelling Report demonstrating BESS compliance that includes the following details:

1. Overlay daylight maps on to floor plans such that it is easy to ascertain that the modelling accurately depicts the dimensions and design of the space.
2. Clear scale to accompany daylight maps.
3. Produce a summary table showing the daylight value for each space with their floor area and the compliant area as both a percentage and as a sqm area.
4. An image of the development as modelled in the software which demonstrates that all external architectural features, overhangs, lightwells, screening, adjacent buildings and structures and other daylight obstructions have been accurately modelled and incorporated.
5. All surrounding future equitable (including proposed) development modelled where relevant.
6. Glazing properties: VLT of all windows ensuring that the VLT and glazing specifications match the glazing specifications used in the JV3/energy/facade modelling.
7. Internal reflectance of walls, floor and ceilings.
8. Description of the software used to produce the model (depending on the modelling software used a copy of the file may be requested by council).

(k) An amended WSUD (Water Sensitive Urban Design) catchment plan that is consistent with the STORM report, clearly showing:

1. All permeable areas dimensioned; and
2. All stormwater catchment areas (impervious areas and roofs) clearly marked and dimensioned and connected to corresponding Water Sensitive Urban Design (WSUD) treatment measures.

(l) The BESS report (and any other corresponding documentation) amended to reflect the requested changes.

Where alternative ESD initiatives are proposed to those specified in this condition, the Responsible Authority may vary the requirements of this condition at its discretion, subject to the development achieving equivalent (or greater) ESD outcomes in association with the development.

When submitted and approved to the satisfaction of the Responsible Authority, the amended SMP and associated notated plans will be endorsed to form part of this permit. No alterations to the SMP may occur without the written consent of the Responsible Authority.

1. The development must not be occupied until a report to the satisfaction of the Responsible Authority prepared by the author of the Sustainability Management Plan (SMP) endorsed under Condition No. 12 of this Permit, or similarly qualified person, is submitted to the Responsible Authority, confirming that all measures specified in the SMP have been implemented in accordance with the endorsed SMP.
2. Before plans are endorsed under Condition 1 of this Permit, a Site Environment Management Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the Site Management Plan will be endorsed and will then form part of this Permit. The Site Management Plan must be generally in accordance with Melbourne Water's Keeping Our Stormwater Clean - A Builder's Guide (2002) and must describe how the site will be managed prior to and during the construction period, including requirements for:

(a) Erosion and sediment.

(b) Stormwater.

(c) Litter, concrete and other construction wastes.

(d) Chemical contamination.

The requirements of the endorsed Site Management Plan must be implemented and complied with to the satisfaction of the Responsible Authority.

1. The development must not be occupied until a fence to a minimum height to match the existing boundary fence height (with a minimum height of 1.8 metres) above natural ground level is erected along the eastern property boundary. The fence must be constructed to the satisfaction of the Responsible Authority.
2. At the completion of the constructed ground floor level(s), and before the starting of the building frame or walls, a report prepared by a licensed land surveyor to the satisfaction of the Responsible Authority must be submitted to the Responsible Authority, confirming the ground floor level(s). The report must be submitted to the Responsible Authority no later than seven days from the date of the inspection.

The development must not be occupied until a report prepared by a licensed land surveyor to the satisfaction of the Responsible Authority is submitted to the Responsible Authority, confirming the floor level(s).

1. Before the use starts, an automatic external lighting system capable of illuminating the entry to each unit, access to each garage and car parking space and all pedestrian walkways must be provided on the land to the satisfaction of the Responsible Authority.

The external lighting must be designed, baffled and located to prevent any adverse effect on adjoining and nearby land to the satisfaction of the Responsible Authority.

1. The walls on the boundary of the adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.
2. Any modification to existing infrastructure and services within the road reserve (including electricity supply, telecommunications services, gas supply, water supply, sewerage services and stormwater drainage) necessary to provide the required access to the site must be undertaken by the permit holder to the satisfaction of the relevant service authority and at the full cost of the permit holder.
3. The land must be drained to the satisfaction of the Responsible Authority.
4. All guttering, rainheads, pipes including downpipes, fixtures, fittings and vents servicing any building on the site including those associated with a balcony must be:

(a) concealed in service ducts or otherwise hidden from view; or

(b) located and designed to integrate with the development,

1. No plant, equipment, services or structures other than those shown on the endorsed plans are permitted above the roof level of the building/s without the prior written consent of the Responsible Authority.
2. The plant and equipment proposed on the roof of the building must be located to be minimally visible from the public realm or screened in a manner that integrates with the design of the development, to the satisfaction of the Responsible Authority.
3. Provision must be made on the land for letter boxes and a slot for newspapers to the satisfaction of the Responsible Authority.
4. Before occupation of the development, the areas set aside for the parking of vehicles and access lanes as shown on the endorsed plan(s) must be:

(a) constructed;

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

(c) surfaced with an all-weather sealcoat; and

(d) drained

1. Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose.
2. Before the occupation of the development all vehicular crossing(s) must be constructed to align with approved driveways to the satisfaction of the Responsible Authority. All replaced with footpath, naturestrip and kerb and channel to the satisfaction of the Responsible Authority.
3. Prior to the issue of a Building Permit in relation to the development approved by this permit, a Community Infrastructure Levy and/or Development Infrastructure Levy must be paid to Darebin City Council in accordance with the approved Development Contributions Plan Overlay.

Department of Transport and Planning condition

1. Prior to occupation of buildings and works, the redundant crossovers must be removed, and the area reinstated to kerb and channel to the satisfaction of the Responsible Authority, at no cost to the Head, Transport for Victoria.

(a) The development does not start within three (3) years from the date of this Permit; or

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

As relevant, the Responsible Authority may extend the times referred to if a request is made in writing:

(a) Within six (6) months after the expiry date; or

(b) Within twelve (12) months after the expiry date if the request relates to the completion of the development or a stage of the development.

[1] Section 4(2)(d) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) states a failure to make a decision is deemed to be a decision to refuse to make the decision.

[2] 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 Tribunal's practice, not all of this material will be cited or referred to in these reasons.

[3] Page 22-23 of the Council's submission.

[4] Shell Company of Australia Pty Ltd and Ors v City of Frankston and Anor 8 APAD 127, [135].

[5] Tulcany Pty Ltd v Knox CC [2003] VCAT 1627, [11].

[6] A child care centre is defined and nested under 'education centre' in clause 73.03 of the scheme.

[8] Page 31 of Council's written submissions.

[9] Which applies, as one example, during the evening and night periods under paragraph 24 of the Noise Limit and Assessment Protocol for the Control of Noise from Commercial, Industrial and Trade Premises and Entertainment Venues (Publication 1826, Environment Protection Authority, May 2021).

[10] Page 22 of the evidence of Mr Hancox dated 23 July 2024.