in accordance with the endorsed plans and subject to the following conditions.

1. Before the development starts, 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 this permit. The plans must be drawn to scale with dimensions, and three copies must be provided. The plans must be generally in accordance with the supplementary plans (TP02 to TP12 and TP14 to TP20, revision 4, dated 23 December 2015 prepared by Hayball Pty Ltd) but modified to show:
   • (a) Notation that the concrete panels to the exposed east and north boundary walls have 100mm wide recessed vertical joints with a depth of no less than 50mm to create a shadow line.
   • (b) Details of access to be provided to the non trafficable roof at level 1 from dwellings at level 1 as private or communal open space or, alternatively provision of a planter box along the northern window and balcony line of dwellings with outlook to the roof.
   • (c) If the roof space at level 1 is not used wholly as private or communal open space, reduction of the north boundary balustrade wall from 1.7 metres to the minimum needed to comply with the Building Code of Australia.
   • (d) Elevations of the internal light well, including details of building finishes.
   • (e) Title boundary dimensions annotated across all floors, confirming the works will be contained within the site;
   • (f) Gas and water meters positioned either along the Judd Street or Council Road frontages;
   • (g) Where a habitable room window will provide views into another habitable room window within a 9m radius and 45 degree arc (internal or external to the site), the window or balcony must be treated with:
     • (i) fixed, opaque glass to a minimum height of 1.7m;
     • (ii) fixed, maximum 25% transparent, minimum 1.7m high screens; or;
     • (iii) angled louvres;
   • (h) The 'retail' space as a 'shop';
   • (i) Details of the proposed wintergardens;
   • (j) All bedrooms have a minimum dimension of 3m;
   • (k) External glazing to be clear (i.e. not tinted);
   • (l) The bicycle parking bays must meet the dimension requirements at clause 52.34-4 of the Yarra Planning Scheme;
   • (m) Bicycle parking signage to be provided in accordance with clause 52.34-5 of the Yarra Planning Scheme;
   • (n) A landscape plan showing:
     • (i) Any landscaping of the ground level roof, where it directly abuts level 1 dwellings.
     • (ii) Provision of planter boxes or access to rooftop landscaping for dwelling 1.03.
     • (iii) the type, location, quantity, height at maturity and botanical names of all proposed plants;
     • (iv) details of design information relating to drainage, planters, paving and fencing;
     • (v) details of irrigation and maintenance (including reuse of stormwater);
     • (vi) the location of all areas to be covered by lawn or other surface materials; and
     • (vii) specification of works to be undertaken prior to planting;
   • (o) the location of air conditioner units, screened (where necessary) from street view;
   • (p) any changes resulting from the endorsed SMP (where relevant to show on plan);
   • (q) any changes resulting from the endorsed Wind Report (where relevant to show on plan);
   • (r) any changes resulting from the endorsed Acoustic Report (where relevant to show on plan); and
   • (s) any changes resulting from the endorsed Waste Management Plan (where relevant to show on plan);
2. The development as shown on the endorsed plans must not be altered (unless the Yarra Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority.

1. Finished floor levels shown on the endorsed plans must not be altered or modified without the prior written consent of the Responsible Authority.
2. Before the development is occupied, or by such later date as approved in writing by the Responsible Authority, all screening and other measures to prevent overlooking as shown on the endorsed plans must be installed to the satisfaction of the Responsible Authority.
3. All screening and other measures to prevent overlooking as shown on the endorsed plans, once installed, must be maintained to the satisfaction of the Responsible Authority.
4. Before the building is occupied, or by such later date as approved in writing by the Responsible Authority, all new on-boundary walls must be cleaned and finished to the satisfaction of the Responsible Authority.
5. All buildings and works must be maintained in good order and appearance to the satisfaction of the Responsible Authority.
6. All pipes, fixtures, fittings and vents servicing any building on the land must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority.
7. Before the building is occupied, or by such later date as approved in writing by the Responsible Authority, external lighting capable of illuminating access to the basement car park, pedestrian walkway, laneway and dwelling entrances must be provided. Lighting must be:
   • (a) located;
   • (b) directed;
   • (c) shielded; and
   • (d) of limited intensity,

all to the satisfaction of the Responsible Authority.

1. The kerb and channel along the northern side of the carriageway easement between Judd Street and the proposed vehicle entrance must be reinstated to the satisfaction of the Responsible Authority.
2. Before the building is occupied, all works outlined in condition 10 must be fully constructed and completed by the owner to the satisfaction of the Responsible Authority.

1. Before the development starts, a Wind Assessment Report to the satisfaction of the Responsible Authority must be prepared by a suitably qualified person and must be submitted to and approved by the Responsible Authority. The report must demonstrate that the criterion for walking comfort will be achieved within the property and within surrounding public spaces as a result of the development. When approved, the Wind Assessment Report will be endorsed and will form part of this permit.
2. The provisions, recommendations and requirements of the endorsed Wind Assessment Report must be implemented and complied with to the satisfaction of the Responsible Authority.

1. Before the development starts, an Acoustic Report to the satisfaction of the Responsible Authority must be prepared by a suitably qualified acoustic engineer and must be submitted to and approved by the Responsible Authority. When approved, the Acoustic Report will be endorsed and will form part of this permit. The Acoustic Report must assess the following:
   • (a) the proposed ancillaries, services (including substation), roller door and car stackers and their impact on the amenity of the existing and proposed dwellings; and
   • (b) the impact of nearby commercial tenancies on the amenity of the proposed dwellings.

The acoustic report must make recommendations to limit the noise impacts in accordance with the State Environment Protection Policy (Control of noise from industry, commerce and trade) No. N-1 (SEPP N-1), State Environment Protection Policy (Control of music noise from public premises) No. N-2 (SEPP N-2) and any other requirements to the satisfaction of the Responsible Authority.

1. The provisions, recommendations and requirements of the endorsed Acoustic Report must be implemented and complied with to the satisfaction of the Responsible Authority.

1. Before the development starts, an amended Sustainable Management Plan to the satisfaction of the Responsible Authority must be prepared by a suitably qualified person and must be submitted to and approved by the Responsible Authority. When approved, the amended Sustainable Management Plan will be endorsed and will form part of this permit. The amended Sustainable Management Plan must be generally in accordance with the Environmentally Sustainable Design Management Plan prepared by Simpson Kotzman dated 27 March 2015, but modified to:
   • (a) reflect the supplementary plans dated 23 December 2015;
   • (b) reflect the changes required as per condition 1 (where relevant);
   • (c) changes to glazing and material selection identified in evidence statement of Mr Richardson dated 23 November 2015;
   • (d) a minimum NCC standard of a 6.5 Star average NatHERS energy efficiency rating (with the correct heating and cooling load considering Melbourne's climate zone); and
   • (e) a minimum 100% STORM score.
2. The provisions, recommendations and requirements of the endorsed Sustainable Management Plan must be implemented and complied with to the satisfaction of the Responsible Authority.

1. Before the development starts, an amended Waste Management Plan to the satisfaction of the Responsible Authority prepared by a suitably qualified person must be submitted to and approved by the Responsible Authority. When approved, the amended Waste Management Plan will be endorsed and will form part of this permit. The amended Waste Management Plan must be generally in accordance with the Waste Management Plan prepared by Leigh Design dated 30 March 2015, but modified to include:
   • (a) the collection method complies with the Road Safety Act 1986 and Work Safe requirements;
   • (b) how the collection will be managed efficiently; and
   • (c) management techniques to not block through traffic.
2. The provisions, recommendations and requirements of the endorsed Waste Management Plan must be implemented and complied with to the satisfaction of the Responsible Authority.

1. Before the building is occupied, or such later date as is approved by the Responsible Authority, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority.
2. The landscaping shown on the endorsed plans must be maintained by:
   • (a) implementing and complying with the provisions, recommendations and requirements of the endorsed Landscape Plan;
   • (b) not using the areas set aside on the endorsed Landscape Plan for landscaping for any other purpose; and
   • (c) replacing any dead, diseased, dying or damaged plants,

all to the satisfaction of the Responsible Authority.

1. Before the building is occupied, or by such later date as approved in writing by the Responsible Authority, the car stackers must be installed in accordance with the manufacturer's specifications by a suitably qualified person. The car stackers must be maintained thereafter to the satisfaction of the Responsible Authority.
2. Before the building is occupied, the area set aside on the endorsed plans for the car parking spaces, access lanes, driveways and associated works must be:
   • (a) constructed and available for use in accordance with the endorsed plans;
   • (b) formed to such levels and drained so that they can be used in accordance with the endorsed plans;
   • (c) treated with an all-weather seal or some other durable surface; and
   • (d) line-marked or provided with some adequate means of showing the car parking spaces,

all to the satisfaction of the Responsible Authority.

1. Before the building is occupied, a Green Travel Plan to the satisfaction of the Responsible Authority prepared by a suitably qualified person must be submitted to and approved by the Responsible Authority. When approved, the Green Travel plan will be endorsed and will form part of this permit. The Green Travel Plan must include the following:
   • (a) describe the location in the context of alternative modes of transport;
   • (b) the provision of real time passenger information displays for nearby stops within each residential lobby;
   • (c) employee / resident welcome packs (e.g. provision of Met Cards/Myki);
   • (d) a designated 'manager' or 'champion' responsible for co-ordination and implementation;
   • (e) details of bicycle parking and bicycle routes;
   • (f) details of GTP funding and management responsibilities; and
   • (g) include provisions to be updated not less than every 5 years.
2. The provisions, recommendations and requirements of the endorsed Green Travel Plan must be implemented and complied with to the satisfaction of the Responsible Authority.

1. Before the development starts, a Construction Management Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will form part of this permit. The plan must provide for:
   • (a) a pre-conditions survey (dilapidation report) of the land and all adjacent Council roads frontages and nearby road infrastructure (including Leggo Place);
   • (b) works necessary to protect road and other infrastructure;
   • (c) remediation of any damage to road and other infrastructure;
   • (d) containment of dust, dirt and mud within the land and method and frequency of clean up procedures to prevent the accumulation of dust, dirt and mud outside the land;
   • (e) facilities for vehicle washing, which must be located on the land;
   • (f) the location of loading zones, site sheds, materials, cranes and crane/hoisting zones, gantries and any other construction related items or equipment to be located in any street;
   • (g) site security;
   • (h) management of any environmental hazards including, but not limited to:
     • (i) contaminated soil;
     • (ii) materials and waste;
     • (iii) dust;
     • (iv) stormwater contamination from run-off and wash-waters;
     • (v) sediment from the land on roads;
     • (vi) washing of concrete trucks and other vehicles and machinery; and
     • (vii) spillage from refuelling cranes and other vehicles and machinery;
   • (i) the construction program;
   • (j) preferred arrangements for trucks delivering to the land, including delivery and unloading points and expected duration and frequency;
   • (k) parking facilities for construction workers;
   • (l) measures to ensure that all work on the land will be carried out in accordance with the Construction Management Plan;
   • (m) an outline of requests to occupy public footpaths or roads, or anticipated disruptions to local services;
   • (n) an emergency contact that is available for 24 hours per day for residents and the Responsible Authority in the event of relevant queries or problems experienced;
   • (o) the provision of a traffic management plan to comply with provisions of AS 1742.3-2002 Manual of uniform traffic control devices - Part 3: Traffic control devices for works on roads;
   • (p) a Noise and Vibration Management Plan showing methods to minimise noise and vibration impacts on nearby properties and to demonstrate compliance with Noise Control Guideline 12 for Construction (Publication 1254) as issued by the Environment Protection Authority in October 2008. The Noise and Vibration Management Plan must be prepared to the satisfaction of the Responsible Authority. In preparing the Noise and Vibration Management Plan, consideration must be given to:
     • (i) using lower noise work practice and equipment;
     • (ii) the suitability of the land for the use of an electric crane;
     • (iii) silencing all mechanical plant by the best practical means using current technology;
     • (iv) fitting pneumatic tools with an effective silencer; and
     • (v) other relevant considerations.
2. During the construction:
   • (a) any stormwater discharged into the stormwater drainage system must be in compliance with Environment Protection Authority guidelines;
   • (b) stormwater drainage system protection measures must be installed as required to ensure that no solid waste, sediment, sand, soil, clay or stones from the land enters the stormwater drainage system;
   • (c) vehicle borne material must not accumulate on the roads abutting the land;
   • (d) the cleaning of machinery and equipment must take place on the land and not on adjacent footpaths or roads; and
   • (e) all litter (including items such as cement bags, food packaging and plastic strapping) must be disposed of responsibly.
3. Before the building is occupied, or by such later date as approved in writing by the Responsible Authority, any damage to Council infrastructure resulting from the development must be reinstated:
   • (a) at the permit holder's cost; and
   • (b) to the satisfaction of the Responsible Authority.
4. Before the building is occupied, or by such later date as approved in writing by the Responsible Authority, any redundant vehicular crossing must be demolished and re-instated as standard footpath and kerb and channel:
   • (a) at the permit holder's cost; and
   • (b) to the satisfaction of the Responsible Authority.
5. Except with the prior written consent of the Responsible Authority, Council assets must not be altered in any way.
6. After the connections for underground utility services and prior to the occupation of the development, the footpath immediately outside the property's Judd Street frontages must be reconstructed (matching existing levels and materials) to Council standard and at the Permit holder's expense.
7. Pit lids and levels are to be readjusted to match the surface of the footpath, to the satisfaction of the Responsible Authority.
8. No parking restriction signs are to be removed, adjusted, changed or relocated without approval or authorisation from the Responsible Authority.
9. Except with the prior written consent of the Responsible Authority, demolition or construction works must not be carried out:
   • (a) before 7 am or after 6 pm, Monday-Friday (excluding public holidays);
   • (b) before 9 am or after 3 pm, Saturdays and public holidays (other than ANZAC Day, Christmas Day and Good Friday); or
   • (c) at any time on Sundays, ANZAC Day, Christmas Day and Good Friday.

1. This permit will expire if:
   • (a) the development is not commenced within two years of the date of this permit; or
   • (b) the development is not completed within four 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 within six months afterwards for commencement or within twelve months afterwards for completion.

[1] We have considered the submissions of all the parties that appeared, all the written and oral evidence, all the exhibits tendered by the parties, and all the statements of grounds filed by parties that did not appear. We do not recite or refer to all of the contents of those documents in these reasons.

[2] Environmentally Sustainable Development (ESD)

[4] At the time of the revised statement of grounds being lodged these were objectives contained in Clause 15.02-1, 21.07 - 1 and 22.16. The statement of grounds also referred to provisions of Amendment C133 to the Yarra Planning Scheme. On 19 November 2015, Amendment C133 was approved, introducing Clause 22.17 - Environmentally Sustainable Development.

[6] LPD Property Pty Ltd v Yarra CC [2015] VCAT 1409 - specifically Paragraph 10.

[8] Abbotsford Joint Venture Pty Ltd v Yarra CC & Ors [2012] VCAT 146

[9] The approved plans for 158 Bridge Road includes a street wall of approximately 11 metres. It is lower than the street wall directly to the west at the rear of 189 Lennox Street. The Charlie building adopts a slightly different approach with balconies and a slightly recessed street wall extending up five storeys.

[10] The assessment tools referred to in Clause 22.17 include Green Star, MUSIC and STORM. The relevant potential assessment tools for internal environmental quality, for which daylight is one measure are BESS and Green Star.

[11] For example SPEC Property Developments Pty Ltd v Boroondara CC [2015] VCAT 1068 and Brat Investments Pty Ltd v Melbourne CC [2015] VCAT 2001

[12] By letter to the Tribunal dated 23 December 2015

[15] Based on the findings in Mr Richardson's evidence.

[16] As 89%, more than 80% benchmark is met.

[17] With only 54% of living rooms meeting the 1% daylight factor across 90% of their living areas.

[19] For example the mapping identified that nearly all of the living room of dwelling 1.03 had a less than 0.5% daylight factor.

[20] This is because transitional provisions apply.

[21] Being primarily dwellings 1 and 3 on each level, and dwelling 2 on levels 1 to 3.

[22] Based on the assessment and mapping providing in Mr Richardson's evidence about the November plans. The December plans do not sig

[23] The December plans identify 63 bedrooms, or 89% meeting the BESS benchmark. If an amended arrangement resulted in the bedrooms of four dwellings not complying, but raised the living rooms to a compliant best practice benchmark, it would result in 59 bedrooms or 83% meeting BESS (and therefore meeting best practice) and 24 (rather than 20), or 65% of living rooms meeting BESS (still under 80%, but much better than the current 54%).

[24] Being the Melbourne Water stormwater calculator.

[25] Nationwide House Energy Rating Scheme (NatHERS)