Construct a building and carry out works associated with a section 2 use

Construct a building and carry out works, and remove vegetation

Partial demolition, alteration, construct a building and carry out works, and vegetation removal

1. Prior to the commencement of the use and/or development, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. 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 must be generally in accordance with the plans prepared by GKA Architects dated 21 January 2025, Revision N, but modified to show:

(a) A notation stating that the bollards must be heavy duty and at least 1.3m in height.

(b) A notation stating that the bollards must not be removable.

(c) Prominent signage at the entry to the subject site and at the start of the single access driveway located and near the carpark for 510 Latrobe Boulevard that explains to drivers that are about to enter the narrow section and that all vehicles entering the site have right of way.

(d) A path from the communal open space area in front of the café to the southern boundary of the site where it adjoins the land owned by Greater Geelong City Council running between the building on Lots B and C, including the provision of a gate.

(e) The materials and finishes on TP27 and TP28 for the balcony of apartment L3.01.

(f) The location and layout of the footpaths on Lot K shown on the architectural plans to reflect those shown on the landscape plan prepared by John Patrick Landscape Architects Pty Ltd, Job No. 23-497 dated March 2025.

(g) Details of fencing along the eastern boundary.

(h) The areas of private open space and communal open space correctly notated on all plans.

(i) The communal open space area to the west of Lot A to be designated as a common planting area on all plans, including TP4 and TP5.

(j) Deletion of the Disabled Car Parking Space 01 within the carpark associated with the building located at 510 Latrobe Boulevard and replace with a standard car park with dimensions that meets the standard requirements of Clause 52.06-9 Design standards for carparking of the Greater Geelong Planning Scheme.

(k) For apartments, the development must comply with standard D18 of Clause 58 of the Greater Geelong Planning Scheme.

(l) The balconies and habitable room windows on Lots A, B, C, D, E, H, K and L complying with Standard B23 (Internal views) of Clause 55 of the Greater Geelong Planning Scheme and Standard D15 of Clause 58 of the Greater Geelong Planning Scheme.

(m) The location of the air conditioning unit for apartments in Building E located outside the minimum balcony area to comply with Standard D20 (Private Open Space) of Clause 58 of the of Greater Geelong Planning Scheme and/or increase the size of the balconies.

(n) The external storage space for apartment E3.09 be correctly notated on the plans.

(o) Dimensions on the plans to demonstrate that the apartment building on Lot E meets Standard D28 (Windows) of Clause 58 of the Greater Geelong Planning Scheme.

(p) The screening for all air conditioning units from views from the public realm.

(q) Any changes as a result of the revised wind report.

(r) The common corridors of the apartment buildings on Lots A-D, and E having at least one operable window.

(s) Details of fence SC15. This fence must be designed to comply with standard B22 of the Greater Geelong Planning scheme.

(t) Clarification that all mail boxes for the development are located in the mail room on drawing TP31.

(u) The wayfinding plan amended to:

1. Provide prominent signage identifying the sense of address for 510 and 510a Latrobe Boulevard. The signage must be designed to address the decision guidelines outlined in Clause 43.01 Heritage Overlay of the Greater Geelong Planning Scheme.
2. Provide prominent internal signage identifying the direction of all internal buildings and townhouse/apartment numbers.

(v) Any changes to the plans as a result of the amended ESD report.

(w) Any changes to the plans as a result of the amended acoustic report (Condition 11) and acoustic treatments which are yet to be confirmed in sections 10.5 and 10.6 of the acoustic report received on 28 June 2024.

(x) Fencing within the south-eastern corner of the land that is within the Floodway Overlay must be designed so as not to require a planning permit and to comply with the Floodplain Development Guidelines, Corangamite CMA, September 2022.

1. The use and/or development as shown on the endorsed plan(s) must not be altered without the written consent of the Responsible Authority.

1. The pool and gym may only be used by a resident of a dwelling on the land or their guest. This facility must not be open to the general public.
2. The café may only operate between the hours of 6am-10pm.

1. Prior to the commencement of works, and concurrent with the submission of the plans required under condition 1, an updated ESD Report must be prepared to the satisfaction of the Responsible Authority. The updated ESD Report must be generally in accordance with the ESD Report prepared by Ark Recourses (13 June 2024), with amendments to reflect the changes required by condition 1 to comply with Clause 15.01-2L (Environmentally sustainable development) of the Greater Geelong Planning Scheme to the satisfaction of the Responsible Authority.
2. All building and works must be undertaken in accordance with the endorsed plans approved Sustainability Management Plan (SMP) and stormwater management plan to the satisfaction of the Responsible Authority. No alterations to these plans may occur without the written consent of the Responsible Authority.
3. Prior to the occupation of any part of the development approved under this permit, a report from the author of the SMP approved pursuant to this permit, or similarly qualified person or company, must be submitted to the Responsible Authority. The report must be to the satisfaction of the Responsible Authority and must confirm through supporting evidence that all measures specified in the endorsed SMP have been implemented in accordance with the approved plan.

1. Prior to the commencement of the use or buildings and works associated with the use (excluding building and works that are part of the required remediation works or works associated with maintenance to, or replacement of, existing utility services within the site) the owner must provide:

(a) An environmental audit statement under Part 8.3, Division 3 of the Environment Protection Act 2017 which states that the site is suitable for the use and development allowed by this permit; or

(b) An environmental audit statement under Part 8.3, Division 3 of the Environment Protection Act 2017 which states that the site is suitable for the use and development allowed by this permit if the recommendations made in the statement are complied with.

1. All the recommendations of the environmental audit statement must be complied with to the satisfaction of the responsible authority, prior to commencement of use of the site or any other specified timeframe. Written confirmation of compliance must be provided by a suitably qualified environmental consultant or other suitable person acceptable to the responsible authority.

Compliance sign off must be in accordance with any requirements in the environmental audit statement recommendations regarding verification of works.

1. Where a Statement of Environmental Audit is issued for the land, and any condition or recommendation of that Statement requires any maintenance or monitoring of an ongoing nature, the owner will be required to enter into an Agreement with Council pursuant to Section 173 of the Planning and Environment Act 1987 unless otherwise agreed in writing by the Responsible Authority. Where a Section 173 Agreement is required, the Agreement must be executed prior to occupation of the development. All expenses involved in the drafting, negotiating, lodging, registering and execution of the agreement, including those incurred by the Responsible Authority, must be met by the permit holder.

1. Prior to the commencement of the development, and concurrent with the submission of the plans required under condition 1, an updated Acoustic Report must be prepared to the satisfaction of the Responsible Authority. The updated Acoustic Report must be generally in accordance with the Acoustic Report prepared by Cogent Acoustics submitted on 26 June 2024, with amendments to:

(a) reflect the changes required by condition 1;

(b) the recommendations contained in part 10.5 and 10.6 of the Acoustic Report undertaken;

(c) to address the food and drink premise (café);

(d) confirm the proposal meets the Environmental Protection Regulations 2121, EPA Publication (Noise Protocol) and Standards B24 and B41 of Clause 55 and Standard D16 of Clause 58 of the Greater Geelong Planning Scheme,

all to the satisfaction of the Responsible Authority.

1. Prior to the occupation of the dwellings, the recommendations contained in the approved acoustic report must be implemented and completed and where they are recommendations of an ongoing nature, must be implemented and maintained to the satisfaction of the Responsible Authority.
2. The building must be constructed and thereafter maintained in accordance with the recommendations contained within the approved Acoustic Report to the satisfaction of the Responsible Authority. The Acoustic Report endorsed under this permit must be implemented and complied with at all times to the satisfaction of the Responsible Authority unless with the further written approval of the Responsible Authority.
3. The development must comply with all noise legislation and regulations in force from time to time including EPA publication 1254.2 'Noise control guidelines'.
4. In the event that Council receives a written complaint about noise emissions from the café, the owner of the café land must, at the written request of the Responsible Authority, have an acoustic report by a suitably qualified acoustic engineer assessing whether the operation of the café complies with EPA publication 1254.2 'Noise control guidelines' compliant from the land. If the café does not comply with EPA publication 1254.2 'Noise control guidelines', all recommendations must be implemented in the acoustic report within a timeframe specified by the Responsible Authority.

1. Prior to the works commencing, and concurrent with the submission of the plans required under condition 1, an amended landscape plan to the satisfaction of the Responsible Authority, must be prepared by a suitably qualified or experienced person and be submitted to and approved by the Responsible Authority. The plan(s) must be drawn to scale, generally in accordance the plans prepared by John Patrick Landscape Architects Pty Ltd, Job No. 23-497 dated March 2025 and amended to show:

(a) The revised building and site layout as required in condition 1 including the relocation of sheds and structures in the ground level open spaces for dwellings in Lots F and G.

(b) How the landscaping, when mature, will not interfere with new service pipes.

(c) All canopy trees planted along the southern boundary to be at least 2.5m tall when planted.

(d) Underneath the southern fence boundary include a 500mm wide granitic sand strip with steel edging on either side of the strip in front of Lots C and D.

(e) Seating within the communal open space between the buildings on Lots B and C.

(f) All landscaping outside of the proposed bin pads and the finished surface(s) of the bin pads.

(g) Amend the spacing of fence posts along the southern boundary to 3 metres rather than 2.2 metres.

When approved, the plan will be endorsed and form part of the permit, all to the satisfaction of the Responsible Authority.

1. All landscaping works shown on the endorsed landscape plan/s must be maintained, including allowing the trees along the southern boundary to grow to their mature height and width, and any dead, diseased or damaged plants replaced, all to the satisfaction of the Responsible Authority.
2. Prior to the occupation of the development, a Landscape Management Plan must be submitted to and approved by the Responsible Authority. When approved, the Landscape Management Plan will form part of this permit. Landscaping must then be maintained in accordance with the Landscape Management Plan to the satisfaction of the Responsible Authority. The landscape plan must:

(a) Specify an irrigation regime for all landscaping, including when irrigation will be required and the type of irrigation to be provided;

(b) Additional and/or replacement planting of canopy trees and shrubs to the south of the buildings on Lots A and B, including the timing and management of that planting if any of the trees in the adjoining land to the south fail or are removed;

(c) Detail of long term management and maintenance of the landscaping on the site; and

(d) Provide that any dead, diseased or damaged plants are to be replaced.

1. Prior to the commencement of the development, an updated Waste Management Plan must be prepared to the satisfaction of the Responsible Authority. The updated Waste Management Report must be generally in accordance with the Waste Management Plan prepared by Leigh Design received on 28 June 2024 (22 August 2024), with amendments to the satisfaction of the Responsible Authority requiring:

(a) The collection of only a single bin per day for the townhouses.

(b) The private contractor will manually collect the bins to empty into the waste truck and then return the bins to their bin storage location.

(c) Frequency and times of collection.

(d) A plan that shows where the waste trucks will park to collect the waste and an explanation as to how this location will not unreasonably interfere with traffic movement within the site.

1. When approved, the Waste Management Plan will be endorsed and will then form part of the permit.
2. The waste management plan endorsed under this permit must be implemented and followed at all times to the satisfaction of the Responsible Authority.

1. Prior to the commencement of the development, an updated Wind Report must be prepared to the satisfaction of the Responsible Authority to reassess the amendments required by condition 1. The updated Wind Report must be generally in accordance with the Wind Report prepared by Mel Consultants (22 August 2024), with amendments to reflect any updated plans required under condition 1 and test the balconies and terraces against the standing criteria to comply with Clause 58.04-4 (Wind impacts) of the Greater Geelong Planning Scheme to the satisfaction of the Responsible Authority. When approved, the wind assessment report will be endorsed and will then form part of the permit.

1. Prior to commencement of any works, a detailed Construction Management Plan (CMP) must be submitted to and approved by the Responsible Authority. This plan must incorporate, but is not limited to, the following information:

(a) A staging plan for all construction phases including indicative dates for commencement and completion;

(b) Intended access for construction vehicles;

(c) Engineering assessment of assets and all heritage fabric that will be impacted on by construction and recommended techniques to minimise any adverse impact;

(d) Details of actions to be implemented in the event of damage to abutting assets infrastructure;

(e) Details of where construction personnel will park;

(f) Hours/days of construction (NOTE: these works must be consistent with EPA legislation and guidelines);

(g) Phone numbers of on-site personnel or other supervisory staff to be contactable in the event of issues arising on site;

(h) Details of site cleanliness and clean up regimes;

(i) Material storage;

(j) Dust suppression; Identifying potential sources of dust and airborne particulates and processes which may generate dust and airborne particulates; and implementing dust and airborne suppression measures, including (but not limited to) covering materials and/or applying a light water spray, applying sprays before or during turning, but also avoiding excessive water- logging of organic materials and runoff; cessation of some activities during windy days; and

(k) Plan to accord with the EPA Publication No. 960 'Doing it right on Subdivision - temporary environmental protection measures for subdivision construction sites' and No. 480 'Best Practice Environmental Guidelines for Major Construction Sites'.

When approved this Construction Management Plan will form part of this permit. All development and works must be carried out in accordance with the Construction Management Plan, to the satisfaction of the Responsible Authority.

1. Concurrently with the submission of the Construction Management Plan in accordance with Condition 23 of this permit, a Heritage Protection Plan must be submitted to the Responsible Authority for approval. Once approved, the Heritage Protection Plan will be endorsed and will then form part of the permit. The Heritage Protection Plan must be prepared by a suitably qualified person and include a sequencing program for the approved works, details of any temporary infrastructure and services required, protection methods for the heritage fabric on the adjoining building to the east and south ('the building') during the undertaking of the works authorised by this permit and a work site layout plan. The Heritage Protection Plan must also include a dilapidation report (including images) to record the condition of the building prepared prior to the commencement of works.

The Heritage Protection Plan must include the following:

(a) Site establishment, set-down and staging activities, including elements to be protected during works.

(b) Details of any temporary signage, hoardings or partitions proposed at the interface with the building during the period of works.

(c) Details of protection methods proposed to protect the building for the duration of demolition and construction works.

(d) Details of vibration monitoring for the duration of demolition and construction.

(e) Details of how the project workforce will be informed of the sensitivity of working adjacent to a heritage place during site induction processes.

(f) Notification requirements in the case of unexpected or emergency conditions which may affect a building, feature or archaeology of heritage significance of the building.

The approved Heritage Protection Plan must be implemented to the satisfaction of the Responsible Authority.

1. Written notice must be given to the Responsible Authority of any archaeological artefacts discovered during the construction of the permitted development and must be dealt with to the satisfaction of the Responsible Authority.

1. Written notice must be given to the Responsible Authority of any archaeological artefacts discovered during the construction of the permitted development and must be dealt with to the satisfaction of the Responsible Authority.

1. Prior to the commencement of the development, a Tree Protection Management Plan must be submitted to and approved by the Responsible Authority. The Tree Protection Management Plan must be prepared by a suitably qualified arborist and must include all trees owned by other parties that have a TPZ extending into the subject land.
2. The approved Tree Protection Management Plan must be complied with at all times to the satisfaction of the Responsible Authority and must not be amended or altered without the consent of the Responsible Authority.
3. Prior to the commencement of any works at the site (including demolition and excavation whether or not a planning permit is required), a letter of engagement must be provided to the Responsible Authority from the Project Arborist selected to oversee all relevant tree protection works. In accordance with Australian Standard 4970-2009 'Protection of trees on development sites' the Project Arborist must be an appropriately experienced and qualified professional (minimum AQF Level 5 Arborist).
4. Prior to the works commencing (including any demolition works), Tree Protection Fencing must be installed and maintained until works are completed to the satisfaction of the Responsible Authority.
5. All works within the nominated Tree Protection Zones must be:

(a) carried out in accordance with Australian Standard 4373-2007 Pruning of amenity trees and Australian Standard 4970-2009 Protection of trees on development sites overseen by a suitably qualified, level-5 arborist;

(b) carried out to the satisfaction of the Responsible Authority by suitably trained and qualified arboricultural staff.

Works encroaching within the nominated Tree Protection Zones must not be undertaken without the written consent of the Responsible Authority.

1. Prior to occupation of the development, a written statement from the Project Arborist must be submitted to the Responsible Authority that certifies that the following items have been addressed as part of the works:

(a) Installation and correct placement of tree protection fencing two weeks prior to works commencing and for the duration of works;

(b) Attendance during all Tree Protection Zone incursions; and

(c) Adherence to Australian Standard 4970-2009 'Protection of trees on development sites'.

1. Within a Tree Protection Zone, there must be no vehicular or pedestrian access, trenching or soil excavation, storage of waste. The Tree Protection Zones must be maintained throughout the development phase, to the satisfaction of the Responsible Authority.
2. All work within the drip line of any tree to be retained must be supervised by the Project Arborist to ensure that the works are done in a manner which protects and minimises damage to those trees to the satisfaction of the Responsible Authority.

1. Prior to the commencement of any works, a Tree Pruning Plan must be submitted to and approved by the Responsible Authority. The Tree Pruning Plan must be prepared by a suitably qualified arborist and must include:

(a) The name and qualifications of the arborist;

(b) Photos of tree;

(c) Marked photo(s) indicating which limbs are proposed for pruning;

(d) Brief description of pruning methodology; and

(e) When approved the Tree Pruning Plan and its recommendations will be endorsed and will then form part of the permit.

The approved Tree Pruning Plan must not be amended or altered without the consent of the Responsible Authority.

No other tree, including the limbs of a tree that is located on adjoining land but whose limbs overhang the subject land, may be pruned, removed or otherwise damaged.

1. To ensure compliance with this permit, a licensed surveyor's report confirming relative levels as shown on the approved plans with particular regard to the finished floor level and roof levels must be submitted to the Responsible Authority within 14 days of the completion of the relevant floor(s) and roof. Floor levels and roof levels must not exceed those shown on the plans.
2. No equipment, services, architectural or structures of any kind, including telecommunication facilities, other than those shown on the endorsed plans shall be permitted above the roof level of the building unless otherwise agreed to in writing by the Responsible Authority.
3. With the exception of guttering, rainheads and downpipes, all pipes, fixtures, fittings, vents, plant and equipment servicing any building on the land must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority.

1. Concurrently with the submission of the Construction Management Plan in accordance with Condition 23 of this permit, a Heritage Protection Plan must be submitted to the Responsible Authority for approval. Once approved, the Heritage Protection Plan will be endorsed and will then form part of the permit. The Heritage Protection Plan must be prepared by a suitably qualified person and include a sequencing program for the approved works, details of any temporary infrastructure and services required, protection methods for the heritage fabric on the adjoining building to the east and south ('the building') during the undertaking of the works authorised by this permit and a work site layout plan. The Heritage Protection Plan must also include a dilapidation report (including images) to record the condition of the building prepared prior to the commencement of works.

The Heritage Protection Plan must include the following:

(a) Site establishment, set-down and staging activities, including elements to be protected during works.

(b) Details of any temporary signage, hoardings or partitions proposed at the interface with the building during the period of works.

(c) Details of protection methods proposed to protect the building for the duration of demolition and construction works.

(d) Details of vibration monitoring for the duration of demolition and construction.

(e) Demolition methodology and protection works.

(f) Details of how the project workforce will be informed of the sensitivity of working adjacent to a heritage place during site induction processes.

(g) Notification requirements in the case of unexpected or emergency conditions which may affect a building, feature or archaeology of heritage significance of the building.

The approved Heritage Protection Plan must be implemented to the satisfaction of the Responsible Authority.

(a) All buildings and works and landscaping as shown on the endorsed plans must be completed.

(b) A report from the author of the Sustainability Management Plan (SMP) approved pursuant to this permit, or similarly qualified person or company, must be submitted to the Responsible Authority. The report must be to the satisfaction of the Responsible Authority and must confirm through supporting evidence that all measures specified in the SMP have been implemented in accordance with the approved plan.

(c) A report from the author of the Acoustic Report approved pursuant to this permit, or similarly qualified person or company, must be submitted to the Responsible Authority. The report must be to the satisfaction of the Responsible Authority and must confirm through supporting evidence that all measures specified in the acoustic report have been implemented in accordance with the approved plan and the internal noise limits have been met.

(d) The traffic warning light as recommended in the Traffic Report to warn pedestrians of incoming vehicles must be installed on site.

(e) Low intensity lighting must be provided to ensure that car park areas and pedestrian accessways are adequately illuminated during evening periods without any loss of amenity to occupiers of nearby land.

All to the satisfaction of the Responsible Authority.

1. The site must be drained to the satisfaction of the Responsible Authority and no concentrated storm water may drain or discharge from the land to adjoining properties.
2. Prior to the occupation of the dwellings, the developer must:

(a) Construct the site stormwater into the LPOD as per the Endorsed Stormwater Management Plan or other nominated point/s as approved by the Responsible Authority. The stormwater connection must be in accordance with City of Greater Geelong Standard Drawings.

(b) Construct vehicular crossings in accordance with the requirements and standards of the City of Greater Geelong.

(c) The common property areas within the development in accordance with the endorsed plans must be constructed, drained and completed.

(d) Remove any redundant vehicular crossings with kerb and channel and the footpath/nature strip area reinstated to match existing construction in the street.

(e) Construct the car park including accessways, surface with an all-weather sealed coat and linemark the car and accessways in accordance with the endorsed plans.

(f) Any new surface paving for the accessway between the Mill buildings at 560 and 510 Latrobe Boulevard must fall away from both buildings to avoid water ponding at, or directed towards, the wall bases.

(g) The subject site is consolidated into one lot to enable the lots to be drained via one connection,

all to the satisfaction of the Responsible Authority

1. Unless otherwise approved in writing by the Responsible Authority, prior to the commencement of works, an amended Stormwater Management Plan for the overall development must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The amended Stormwater Management Plan must contain (but not be limited to) the following:

(a) The Legal Point of Discharge for the site as approved by the relevant drainage authority.

(b) Details of how 1% AEP flows inclusive of overland flow paths will be conveyed with no adverse external impacts.

(c) Maintenance regime of all drainage assets.

(d) Safety analysis of design including; public safety, maintenance and inspection procedures, process and plant/equipment required for de-silting.

(e) Details of the management of internal and external flows during and after the construction period.

(f) The details and designs for managing stormwater within the site, including the need for any onsite detention.

1. Unless otherwise approved by the Responsible Authority, prior to the commencement of the development, the land owner must enter into an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987. All costs associated with setting up the agreement must be borne by the land owner. The agreement is to be registered on title and run with the land, and is to provide to the satisfaction of the Responsible Authority:

(a) All storm water runoff is to be collected on site and discharged to the legal point of discharge using a pump system or as otherwise nominated by the responsible authority. The pump system is to be designed and constructed in accordance with Australian Standard 3500 Part 3.2 Section 9.

(b) In the event of any operational difficulties with the pump system, it is the responsibility of the landowner to rectify these difficulties.

(c) Any pump system is to be replaced by gravity discharge if and when available, and if directed by the Responsible Authority, at the land owner's full cost.

(d) Provision is made (if appropriate) in any subdivision for Body Corporate drainage works, and access to those drainage works to be on common property or within an easement in favour of the Body Corporate.

1. Unless otherwise approved by the Responsible Authority, prior to the commencement of the development, the land owner must enter into an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987. All costs associated with setting up the agreement must be borne by the land owner. The agreement is to be registered on title and run with the land, and is to provide to the satisfaction of the Responsible Authority:

(a) All storm water runoff is to be collected on-site and treated as per the Endorsed Stormwater Management Plan or as otherwise nominated by the responsible authority;

(b) In the event of any operational difficulties with the treatment devices, it is the Responsibility of the landowner to rectify these difficulties; and

(c) Provision is made (if appropriate) in any subdivision for Body Corporate drainage works, and access to those drainage works to be on common property or within an easement in favour of the Body Corporate.

1. Unless otherwise approved in writing by the Responsible Authority, waste collection from the site must only take place between:

(a) 7am and 8pm Monday to Saturday

(b) 9am and 8pm Sunday or public holidays

1. Unless otherwise approved in writing by the Responsible Authority, deliveries to and from the café must only take place between:

(a) 7am and 10pm Monday to Saturday

(b) 9am and 10pm Sunday or public holidays

1. All security alarms or similar devices installed on the land associated with the café use must be of a silent type in accordance with any current standard published by Standards Australia International Limited and be connected to a monitored security service.

1. All external plant and equipment are to be placed in an appropriate location or alternatively acoustically treated to reduce noise to a level satisfactory to the Responsible Authority.

1. All outdoor lighting of publicly accessible areas must be designed, baffled and located to prevent light from the site causing any detriment to the locality, to the satisfaction of the Responsible Authority.

1. Any commercial tenant must ensure that any music or other noise from the tenancy complies with all noise legislation and regulations in force and achieves compliance with 1826.4 Noise limit and assessment protocol for the control of noise from commercial, industrial and trade premises and entertainment venues, to the satisfaction of the relevant authority.
2. No music in the café may be audible from outside of the tenancy.

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

(a) Transport of materials, goods or commodities to or from the land;

(b) Appearance of any building, works or materials;

(c) Emission of noise, artificial light, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil;

(d) Presence of vermin;

Access and storage prohibited on Council reserves

1. There must be no access through or storage on the adjoining Council reserve located at Barwon River Troop Loop and 560R Latrobe Boulevard at any time during the construction period other than as approved in writing by the Responsible Authority for the purposes of completing the construction and landscape works shown on the endorsed plans.
2. No vehicles are to be parked on the reserve at any time.

1. Prior to occupation of development the fencing shown on the endorsed plans along the Council Reserve must be constructed to the satisfaction of the Responsible Authority and at no cost to the Greater Geelong City Council.

1. Prior to works commencing, the permit holder must advise all persons undertaking the vegetation removal or works on site of all relevant permit conditions and endorsed plans/documents.

1. No vegetation may be removed other than that vegetation marked on the endorsed plan for removal.

1. All tree removal, including pruning, must be undertaken by a suitably qualified arborist and be carried out in accordance with AS4373 - 2007; Pruning of Amenity Trees to the satisfaction of the Responsible Authority. The use of an excavator, backhoe, bulldozer blade or loader to trim branches of trees is not permitted.

1. The Site Plan must not be altered unless otherwise agreed in writing by FRV and the Responsible Authority.
2. The general layout and dimensions of the vehicle access must be constructed as per the endorsed plans and in accordance with the following requirements:

(a) There must be at least 4.0 m clearance vertically.

(b) They must be capable of accommodating a vehicle with a weight of 15 tonnes.

(c) The average grade must be no more than 1 in 7 (14.4%) (8.1 degrees) with a maximum of no more than 1 in 5 (20%) (11.3 degrees) for no more than 50 meters. Dips must have no more than a 1 in 8 (12%) (7.1 degree) entry and exit angle. the vehicle access with a minimum trafficable width of 7.3 m if parking is to be unrestricted, 5.4 m if parking is to be prohibited on one side or 3.5 m if parking is to be prohibited on both sides.

(d) Curves in the vehicle access must have a minimum radius of 10 m.

(e) The sections of vehicle access that are more than 60 m in length from the nearest intersection must have either:

(f) A turning circle with a minimum radius of 8 m (including roll-over kerbs if they are provided); or

(g) The provision of other vehicle turning arrangements (such as a T or Y head) which meets the Austroad Design specifications for an 8.8 metre Service Vehicle.

1. 'No Parking' signage and road markings must be installed to prevent vehicles from unauthorised parking in the passing bay area.

1. Prior to construction of any building, operable above or below ground fire hydrants must be provided in accordance with the following requirements, or to satisfaction of FRV.
2. The maximum distance between a hydrant and the rear of any building must be 120 metres and hydrants must be no more than 200 metres apart.
3. The developer is to notify FRV once roadways and street hydrants are installed to enable an inspection to be conducted. The inspection is to be completed prior to any construction taking place. Request for inspection is to be made via firesafetyreferrals@cfa.vic.gov.au
4. Hydrants must be identified as specified in 'Identification of Street Hydrants for Firefighting purposes' available under publications on the Country Fire Authority web site (www.cfa.vic.gov.au)

1. Prior to the commencement of the development a short right turn lane must be created on Fyans Street at the Latrobe Boulevard intersection with subsequent changes to line marking and relocation of an adjacent bus stop, to the satisfaction of the Head, Transport for Victoria and at no cost to the Head, Transport for Victoria.

1. This permit will expire if one of the following circumstances applies:

(a) The development of the building(s) hereby approved has not commenced within three (3) years of the date of this permit

(b) The development of the building(s) hereby approved is not completed within six(6) years of the date of this permit

(c) The use has not commenced within six (6) years of the date of this permit.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires; or

(a) Within six (6) months after the permit expires where the use or development has not yet started; or

(b) Within twelve (12) months after the permit expires, where the development allowed by the permit has lawfully commenced before the permit expiry.

[1] An amended statement of grounds filed on behalf of Mr Gorell stated the respondent did not intend participating in the hearing.

[2] 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.

[3] There are discrepancies in the materials available to the Tribunal with respect to the property address for this eastern building. It is cited as both No. 512 Latrobe Boulevard and No. 550 Latrobe Boulevard. Mr Sullivan's client owns this property, referring to it as No. 550 whereas a survey and Vicplan documents refer to it as No. 512. It was referred to as No. 512 in the previous case.

[4] The submissions and evidence of the parties, supporting exhibits given at the hearing and statements of grounds filed have all been considered in determining the proceeding. In accordance with the Tribunal's practice, not all of this material is cited or referred to in these reasons. At the commencement of the hearing, noting Barwon Grange is listed in the Victorian Heritage Register (H1102), Senior Member Baird declared that she is a member of the Heritage Council of Victoria and Deputy Chair. No questions or concerns were raised by any person in attendance. At the end of the hearing, we advised those present that we were inclined to the grant of a permit, with some fine-tuning of permit conditions to be resolved, and that we would issue final orders with reasons.

[5] By the end of the hearing, it was agreed that no permit is required under clause 44.03-2. We have amended the permit application to remove the application for under this clause.

[6] Knox City Council v Tulcany Pty Ltd [2004] VSC 375.

[8] Desbrowe Developments Pty Ltd v Greater Geelong CC [2022] VCAT 1392 [175] ('Desbrowe').

[10] Plans and images in Ms Baker's evidence demonstrate this.

[11] Where the Tribunal has refused an earlier application but indicated a modified form of development or changes that might be acceptable, and the repeat appeal comprises a genuine attempt to address those issues.

[12] Sprut Pty Ltd v Stonnington CC [2012] VCAT 1675, [18].

[13] Zumpano v Banyule CC [2016] VSC 420, [23] - [29].

[14] Planning permit application to reuse the heritage building for offices and a food and drink premises, plus the sale and consumption of liquor associated with a general licence.

[17] Paragraphs [61 - [88] inclusive.

[19] Paragraph 57 of the Council's submission.

[20] Food and drink premises (a café is proposed) does trigger a permit but is not challenged by any party or non-party.

[21] Some of that additional land is seen in the plan in Appendix A.

[22] The second storey addition added in the early 1930s.

[26] This change is not reflected in the landscape plan prepared by John Patrick Pty Ltd. We have added it as a permit condition. Plan consistency will need to be ensured in the endorsement of plans.

[28] Noting Ms Dunstan's written evidence cites a width of 4 metres, which is not drawn to titles.

[29] The loss of two car spaces was discussed in the previous proceeding Desbrowe, [47].

[30] Head, Transport for Victoria was a party in relation to the previous proceeding. The permit condition agreed at that time Desbrowe Developments Pty Ltd v Greater Geelong CC [2022] VCAT 1392 [9] is included in the draft provided to the Tribunal.

[31] Notations on plans (TP77) cite these are to be designed in accordance with AS1170.1Structural design actions section 3.8 (a)(i) - barrier load at 30kN, which Ms Dunstan referred to in oral evidence.