(a) Flexbrick detail as shown on the previously endorsed plans sheet 8 of 110 (sheet TP24, revision R, "Flexbrick Façade Diagrams", prepared by Bird de la Coeur architects).

(b) Annotation specifying that lighting within the offices is to be on a timer or sensor so that the internal lights are switched off when the offices are not in use.

(c) Any change as required by Conditions 3 (SMP), 5 (Water Sensitive Urban Design Response), 7 (WMP), and 8 (Landscape Plan), and 31 (Noise and Amenity Action Plan).

(d) The glazed balustrade surrounding the Level 7 terrace area must be raised to a height of 1.25 metres, and be free of any air gaps between the glazing panes and between the glazing and the floor, in accordance with the recommendations of the VCAT Expert Acoustic Evidence prepared by William Dalmau of Acoustic Compliance Australia dated 8 September 2025.

All to the satisfaction of the Responsible Authority.

1. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason, without the prior written consent of the Responsible Authority.
2. Concurrent with the endorsement of any plans pursuant to Condition 1, a Sustainability Management Plan (SMP) must be submitted to and approved by the Responsible Authority. Upon approval the SMP will be endorsed as part of the planning permit and the development must incorporate the sustainable design initiatives outlined in the SMP to the satisfaction of the Responsible Authority. Amendments to the SMP must be incorporated into plan changes required under Condition 1. The report must be generally in accordance with the Sustainability Management Plan (Revision N) prepared by Ark Resources dated 18 December 2024 but modified to:

(a) Reflect any changes as required by Condition 1.

All to the satisfaction of the Responsible Authority.

All works must be undertaken in accordance with the endorsed Sustainability Management Plan to the satisfaction of the Responsible Authority. No alterations to the Sustainable Management Plan may occur without written consent of the Responsible Authority.

1. Concurrent with the endorsement of plans, pursuant to Condition 1, the applicant must provide a Water Sensitive Urban Design Response (WSUD) addressing the Application Requirements of the Stormwater Management (Water Sensitive Urban Design) Policy to the satisfaction of the Responsible Authority. All proposed treatments included within the Water Sensitive Urban Design Response must also be indicated on the plans. When approved, the WSUD Response will be endorsed and will then form part of the permit. The WSUD Response must be generally in accordance with the WSUD Response in the Sustainability Management Plan (Revision N) prepared by Ark Resources dated 18 December 2024, but modified to show:

All to the satisfaction of the Responsible Authority.

1. The project must incorporate the Water Sensitive Urban Design initiatives detailed in the endorsed site plan and/or stormwater management report.
2. Concurrent with the endorsement of any plans, pursuant to Condition 1, a Waste Management Plan (WMP) must be submitted to and approved by the Responsible Authority. The WMP must be generally in accordance with the Waste Management Plan prepared by Leigh Design Pty Ltd dated 28 May 2024, but modified to:

(a) Reflect the design layout as shown on the amended plans required by Condition 1.

(b) Show provision of mechanical equipment to transport large commercial bin via a graded ramp.

(c) Detail removal of recycling and rubbish from the Level 7 Bar Use, that must not occur after 10pm on any day or before 7am Monday to Saturday, or 9am on Sunday or a public holiday.

All to the satisfaction of the Responsible Authority.

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 endorsed WMP, to the satisfaction of the Responsible Authority.

1. Concurrent with the endorsement of plans, pursuant to Condition 1, a landscape plan to be prepared by a landscape architect or suitably qualified or experienced landscape designer, must be submitted to and approved by the Responsible Authority. When approved, the landscape plan will be endorsed and will then form part of the permit. The landscape plan must be drawn to scale with dimensions. The landscape plan must show:

(a) Landscaping in accordance with the previous endorsed plans (endorsed on 24 October 2024) and per the recommendations of the VCAT Expert Town Planning Evidence prepared by Kel Twite of UpCo dated 8 September 2025, as shown on the application plans.

(b) A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, species if they are native or exotic, pot sizes, sizes at maturity, and quantities of each plant.

(c) Landscaping and planting within all open areas of the site.

(d) Details of planter boxes.

(e) Details of all proposed hard surface materials including pathways, patio or decked areas.

(f) Details of irrigation systems.

All to the satisfaction of the Responsible Authority.

1. Before the occupation of the development, the landscaping works as shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority. Landscaping must then be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.
2. Concurrent with the endorsement of plans, the applicant must provide a digital 3D model of the development hereby approved in accordance with the specifications of Council's GIS Unit, to the satisfaction of the Responsible Authority.
3. Lighting within the offices is to be on a timer or sensor so that the internal lights are switched off when the offices are not in use so as to minimise the spill of light beyond the office building to the satisfaction of the Responsible Authority.
4. The level of the footpaths must not be lowered or altered in any way to facilitate access to the site to the satisfaction of the Responsible Authority.
5. Prior to occupation, access for persons with disabilities must be provided in compliance with the Disability Discrimination Act 1992 and such access must be maintained at all times the building is occupied or in use.
6. Prior to the occupation of the building, the walls on the boundary of the adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.
7. All utility services to the subject land and buildings approved as part of this permit must be provided underground to the satisfaction of the Responsible Authority by completion of the development.
8. All plant and equipment (including air-conditioning units) shall be located or screened so as to minimise visibility from any of the surrounding footpaths and from overhead views and shall be baffled so as to not exceed the prescribed limits of the Environment Protection Regulations 2021 as measured in accordance with EPA Publication 1826 (Noise Protocol) to the satisfaction of the Responsible Authority. Ventilation systems must be designed and installed in accordance with the relevant Australian Standards.
9. 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.
10. External lighting must be designed, baffled and located so as to prevent any adverse effect on adjoining land to the satisfaction of the Responsible Authority.
11. The collection of wastes and recyclables from the premises (other than normal Stonnington City Council collection) must be in accordance with Council's General Local Laws.
12. All loading and unloading of goods must be undertaken in accordance with Council's Local Laws.
13. 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 four years of the date of this permit.

In accordance with Section 69 of the Planning and Environment Act 1987, a request may be submitted to the Responsible Authority within the prescribed timeframes for an extension of the periods referred to in this condition.

1. Prior to the issue of a building permit, a Development Infrastructure Levy must be paid to Stonnington City Council for the additional floor space generated pursuant to Schedule 1 to the Development Contributions Plan Overlay of the Stonnington Planning Scheme and the approved Stonnington Municipal-Wide Development Contributions Plan (2020-2040), January 2023. The levy amount payable will be annually adjusted on 1 August each year in accordance with the Consumer Price Index (CPI) and calculated at the time of payment.

1. The Bar use at Level 7 is limited to a maximum of 94 patrons (52 internal and 42 external) at any time, to the satisfaction of the Responsible Authority.
2. Patrons may only enter and exit the Bar through the ground floor restaurant, unless in an emergency.
3. The Bar use at Level 7 is limited to the following hours:

(a) Monday to Wednesday - 12 noon to 11pm

(b) Thursday to Sunday - 12 noon to 12am midnight.

(c) Good Friday and Anzac Day - 12 noon to 11pm.

1. Any amplified or live music at Level 7 is limited to background levels only. Speakers are only permitted in internal areas. No speakers are permitted on the eternal terrace area.
2. Noise emanating from the subject land must not exceed the prescribed limits of the Environment Protection Regulations 2021 as measured in accordance with EPA Publication 1826 (Noise Protocol). Any works required to ensure and maintain the noise levels from the Bar Use at Level 7 are in compliance with the regulations must be completed prior to the commencement of the use or occupation of the building and maintained thereafter, to the satisfaction of the Responsible Authority.
3. Amplified music (including background music) at Level 7 is not permitted to be played other than through a Limiting Device installed and operating to ensure compliance with the Environmental Protection Regulations 2021 and EPA Publication 1826 (Noise Protocol) to the satisfaction of the Responsible Authority.
4. Prior to commencement of the Bar Use at Level 7, a suitably qualified acoustic consultant must install and calibrate a Limiting Device ('the Device') and confirm that it is operating and has each and every of the following characteristics which are also operating:

(a) The Device limits noise levels so as to ensure compliance with the music noise limits according to the EPA Noise Protocol;

(b) The Device includes a microphone incorporated into its own tamper-proof enclosure;

(c) The Device controls are in a locked case or is password protected so that is not accessible by personnel other than a qualified acoustic consultant or technician nominated by the permit holder of the land and notified to the Responsible Authority;

(d) The Device is installed to control all amplification equipment and associated loudspeakers;

(e) The Device monitors noise levels at octave band frequencies between 63Hz and 4kHz or C-weighting;

(f) The Device must be able to automatically store for a minimum of 30 days records of logged noise levels in 15 minute intervals; and

(g) The Device must be re-calibrated as necessary to maintain Noise Protocol compliance, and when any changes are made to the Device sensor position or the venue changes operating conditions, building works, sound system configuration or anything else that may necessitate re-calibration of the Device.

1. A written statement and plan prepared by the suitably qualified acoustic consultant must be submitted to and endorsed by the Responsible Authority. The statement must confirm the installation and calibration of the Device in accordance with the above requirements. The plan of the premises must show the location of the Device, the tamper proof enclosure and the microphone to the satisfaction of the Responsible Authority.

Upon request, the Device, the tamper proof enclosure and microphone must be made available for inspection by the Responsible Authority.

Upon request, records of logged noise by the Device must be produced to the satisfaction of the Responsible Authority.

1. Prior to the commencement of the Bar Use at Level 7, the glazed balustrade surrounding the Level 7 terrace area must be installed as per the endorsed plans and in accordance with the recommendations of the VCAT Expert Acoustic Evidence prepared by William Dalmau of Acoustic Compliance Australia dated 8 September 2025.
2. Prior to the commencement of the Bar Use at Level 7, pursuant to Condition 1, a Noise and Amenity Action Plan for the Bar use at Level 7 must be submitted to and approved by the Responsible Authority. When approved, the Noise and Amenity Action Plan will be endorsed and will then form part of the permit. The use must operate in accordance with the Noise and Amenity Action Plan to the satisfaction of the Responsible Authority. The Noise and Amenity Action Plan must be generally in accordance with the Noise and Amenity Action Plan prepared by KNJ Project Services dated December 2024, but modified to show:

(a) The identification of all noise sources associated with the licensed premises (including, but not limited to, music noise, external areas allocated for smokers, queuing lines, entries and exits to the premises, courtyards, waste and delivery areas).

(b) Hours of operation for all parts of the premises.

(c) Deletion of reference to Clause 13.07-1L-04 (Licensed Premises) of the Stonnington Planning Scheme;

(d) Details of the provision of music including that music must be at background levels only.

(e) Location of speakers that must be limited to internal locations only.

(f) The identification of noise sensitive areas including residential uses and accommodation in close proximity to the licensed premises.

(g) Measures to be undertaken to address all noise sources identified, including on and off-site noise attenuation measures.

(h) Details of staffing arrangements including numbers and working hours of all security staff.

(i) Standard procedures to be undertaken by staff in the event of a complaint by a member of the public, the Victoria Police, an authorised officer of the responsible authority or an officer of the liquor licensing authority.

(j) Details of any measures to work with neighbours or other residents in the immediate area to address complaints and general operational issues.

(k) Patron management protocols to ensure maximum patron numbers are adhered to for internal and external areas and to manage entry and exit, including queuing.

(l) In the event of a noise complaint, a mechanism be put in place for a noise impact assessment to be conducted by a suitably qualified acoustic consultant to verify venue noise emissions and determine compliance against Noise Protocol noise limits.

[1] The submissions and evidence of the parties, any supporting exhibits given at the hearing and the statements of grounds filed have all been considered in the determination of the proceeding. In accordance with the practice of the Tribunal, not all of this material will be cited or referred to in these reasons.

[4] The venue is to also close at 11:00pm on Good Friday and Anzac Day.

[5] From paragraph 50 on page 11 of the Council's written submissions.

[6] Refer to Ground 1 of Council's Notice of Refusal.

[7] See for example JN High Street Development Pty Ltd v Stonnington CC [2025] VCAT 8 per Senior Member Sibonis and Member Keddie, citing Bensons Property Group Pty Ltd v Stonnington CC [2017] VCAT 2155 per Senior Member Rickards and Member Keddie, and San Domenico Pty Ltd v Stonnington CC [2022] VCAT 909 per Member Paterson and Member Axford.

[8] As found on pages 9 & 10 of the report signed on 16 May 2025 by Council's delegate.

[9] As found on pages 12 & 13 of the report signed on 16 May 2025 by Council's delegate.

[10] As found on page 12 of the report signed on 16 May 2025 by Council's delegate.

[11] I note that there is no legislated noise criteria for patron noise under the Noise Protocol, rather Mr Dalmau applies the standard of background noise levels plus 3dB that is found under Part 1 of the Noise Protocol.

[12] This is the figure provided in the Council submission, though I note that an earlier Traffic Engineering Assessment (Traffix Group, 4 June 2024) states that the statutory demand is for 4 spaces.

[13] Noting that a bar is grouped under a Retail premises.