1. A landscape plan in accordance with Condition 2. 2. A schedule of colours and materials (including paint samples) to the satisfaction of the Responsible Authority.

1. The part of the first floor outdoor play area (and all associated structures) located west of the main building which is currently setback 4.07 metres from the southern boundary to be provided with a minimum 5.0 metre setback from the southern boundary.

1. The columns adjacent to car spaces to be located in accordance with Diagram 1 at Clause 52.06-8 of the Planning Scheme. 2. A notation that the timber battern screening to the southern and western sides of the first floor play area will have a backing of obscured glazing to at least 1700mm above finished floor level. 3. A re-labelling of the bins/plant area in the south-western corner of the site to an equipment/bins storage area. 4. A roof plan detailing location of all plant and equipment, and elevations depicting their level of screening and visibility. 5. Plans and elevations detailing the minimum 1.8 metre high solid walls and access doors surrounding the equipment and bin storage area in the south-western corner of the site. 6. All notations relating to the four parking spaces adjacent to the site on East Boundary Road being available for use by the child care centre deleted. 7. The existing concrete pad within the nature strip adjacent to the site on East Boundary Road removed to the satisfaction of the Responsible Authority.

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

1. Before the commencement of buildings and works, a detailed Landscape Plan to the satisfaction of the Responsible Authority must be submitted to, and approved by the Responsible Authority. When the Landscape Plan is approved, it will become an endorsed plan forming part of this Permit. The Landscape Plan must incorporate:

1. A survey, including botanical names, of all existing vegetation to be retained. 2. Buildings and trees (including botanical names) on neighbouring properties within 3 metres of the boundary.

1. A planting schedule of all proposed vegetation including botanical names; common names; pot sizes; sizes at maturity; quantities of each plant; and details of surface finishes of pathways and driveways.

1. Landscaping and planting within all open space areas of the site. 2. Planting generally in accordance with that detailed in the John Patrick evidence dated December 2014.
2. The layout of the site and size, design and location of buildings and works as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority. This does not apply to the exemptions specified in Clause 62 of the Glen Eira Planning Scheme.
3. Except with the written consent of the Responsible Authority, no more than 118 children may be present at the site at any one time.
4. Except with the written consent of the Responsible Authority, not more than 24 staff members/employees must be present on the site at any one time, with up to six relief staff permitted on the site outside of peak hours (8.00-9.30am and 4.00-6.30pm).
5. The use of the child care centre must only operate between the hours of Monday-Friday between 7am-6.30pm (excluding ancillary functions i.e. cleaning, maintenance and administration).
6. No buildings or works are to be constructed over any easement or other restriction on the land or any sewers, drains, pipes, wires or cables under the control of a public authority without the prior written consent of the relevant authority and the Responsible Authority.
7. Adequate provision must be made for the storage and collection of garbage, bottles and other solid wastes in bins or receptacles, to the satisfaction of the Responsible Authority. All bins and receptacles used for the storage and collection of garbage, bottles and other solid wastes must be kept in a storage area screened from view, to the satisfaction of the Responsible Authority. All bins and receptacles must be maintained in a clean and tidy condition and free from offensive odour, to the satisfaction of the Responsible Authority.
8. No plant, equipment, services and substations other than those shown on the endorsed plans are permitted without the prior written consent of the Responsible Authority.
9. All security alarms or similar devices installed on the land must be of a silent type approved by the Standards Association of Australia and be connected to a registered security service.
10. All outdoor lighting must be baffled and/or located to prevent light from the site causing detriment to the locality to the satisfaction of the Responsible Authority.
11. Privacy screens must be in accordance with the endorsed plans and must be installed prior to the occupation of the development. The privacy screens must be maintained to the satisfaction of the Responsible Authority.
12. Prior to the occupation of the development, an acoustic fence must be erected along the length of the southern and western boundaries of the site to a minimum height of 2.0m above natural ground level. Additionally the barrier surrounding the first floor play area must be designed to limit the acoustic impact on surrounding properties. The design of the fence and first floor barrier must be prepared in consultation with a suitably qualified acoustic engineer. Details of the design and acoustic qualities of the fence and first floor barrier must be submitted to, and approved by, the Responsible Authority.
13. The location of the sign(s) (including the size, nature, panels, position and construction) shown on the endorsed plan must not be altered without the prior written consent of the Responsible Authority.
14. Insofar as it relates to the approval for the display of business identification signage, this Permit will expire if the advertising signage is not displayed within four (4) years from the date of this Permit. The Responsible Authority may extend the time referred to if a request is made in writing before the Permit expires or within the six (6) months after the expiry date.
15. The sign(s) must be constructed and maintained to the satisfaction of the Responsible Authority.
16. The landscaping as shown on the endorsed Landscape Plan must be carried out and completed to the satisfaction of the Responsible Authority before the occupation of the development and/or the commencement of the use or at such later date as is approved by the Responsible Authority in writing.
17. The landscaping as shown the endorsed Landscape Plan must be maintained, and any dead, diseased or damaged plant replaced in accordance with the landscaping plan to the satisfaction of the Responsible Authority.
18. The proposed works must not cause any damage to the existing street trees. Root pruning of these trees must be carried out to the satisfaction of the Responsible Authority prior to the construction of the crossover/works.
19. Prior to the commencement of the buildings and works (including demolition), a tree protection fence must be erected around the street trees on East Boundary Road (Purple Leaf Cherry Plums) at a radius of 3.7m from the base of the trunk of each tree and at a 4.0m from the base of the trunk of the street tree located on Abbin Avenue (White Cedar) to define a 'tree protection zone' (within the nature strips). Temporary fencing is to be used as per AS 4870-2009 section 4.3. This fence must be constructed of star pickets and chain mesh (or similar) to the satisfaction of the Responsible Authority. The tree protection fence must remain in place until the construction within the tree protection zone is required. The tree protection zone for that component of the development not required for construction must remain fenced until construction is complete. No vehicular or pedestrian access, trenching or soil excavation is to occur within the tree protection zone. No storage or dumping of tools, equipment or waste is to occur within the tree protection zone.
20. The ground surface of the tree protection zone must be covered by a protective 100mm deep layer of mulch prior to the development commencing and be watered regularly to the satisfaction of the Responsible Authority. Above ground canopy TPZ (Tree Protection Zone) to be adopted. No works, structures or machinery will come within 1m of the trees crown/canopy as per AS 4870-2009 section 3.3.6. Tree Protection Zone (TPZ) fencing must be adopted to protect the street tree's trunk. Set at edge of TPZ on all sides (Finishing at paved surfaces). Temporary fencing to be used as per AS 4870-2009 section 4.3. Ground protection is to be used if temporary access for machinery is required within the Tree Protection Zone (TPZ). Strapped rumble boards are to be used within TPZ to limit ground compaction as per AS 4870-2009 section 4.5.3.
21. No excavation is to come within 2.5m of the existing street trees on East Boundary Road (Purple Leaf Cherry Plums) or within 2.8m of the existing street tree in Abbin Avenue (White Cedar) without the prior consent of the Responsible Authority. Any excavation within 1.5m of the tree protection zones must be hand excavated. If roots over 40mm are found, Park Services are to be notified and further inspections will be carried out. Ground protection is to be used if temporary access for machinery is required within the TPZ (Tree Protection Zone). Strapped rumble boards are to be used within the tree protection zone to limit ground compaction as per AS 4870-2009 section 4.5.3.
22. Areas set aside for the parking of vehicles and access lanes as shown on the endorsed plan(s) must be:

1. constructed; 2. properly formed to such levels that they can be used in accordance with the plans;

1. drained; 2. line-marked to indicate each car space and all access lanes; 3. clearly marked to show the direction of traffic along the access lanes and driveways

to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose.

1. Vehicular crossing(s) must be constructed to the road to suit the proposed driveway(s) to the satisfaction of the Responsible Authority and any existing crossing or crossing opening must be removed and replaced with footpath, naturestrip and kerb and channel to the satisfaction of the Responsible Authority.
2. Prior to the commencement of any site works including demolition and excavation, the owner must submit a Construction Management Plan to the Responsible Authority for approval. No works including demolition and excavation are permitted to occur until the Plan has been approved in writing by the Responsible Authority. Once approved, the Construction Management Plan will be endorsed to form part of this permit and must be implemented to the satisfaction of the Responsible Authority. The Plan must be to the satisfaction of the Responsible Authority and must provide details of the following:

1. delivery and unloading points and expected frequency; 2. a liaison officer for contact by owners / residents and the Responsible Authority in the event of relevant queries or problems experienced;

1. an outline of requests to occupy public footpaths or roads, or anticipated disruptions to local services;

1. any requirements outlined within this permit as required by the relevant referral authorities; 2. hours for construction activity in accordance with any other condition of this permit; 3. measures to control noise, dust, water and sediment laden runoff; 4. measures to ensure that sub-contractors/tradespersons operating on the site are aware of the contents of the Construction Management Plan; 5. any construction lighting to be baffled to minimise intrusion on adjoining lots.
2. Prior to the occupation of the approved development, the owner/permit holder must prepare and have approved in writing by the Responsible Authority a Waste Management Plan (WMP) for the site with respect to the collection and disposal of waste and recyclables associated with the proposed uses on the site to the satisfaction of the Responsible Authority. The WMP must provide for the following:

1. The collection of waste associated with the uses on the land, including the provision of bulk waste collection bins or approved alternative, recycling bins, the storage of other refuse and solid wastes in bins or receptacles within suitable screened and accessible areas to the satisfaction of the Responsible Authority. Commercial waste bins being placed or allowed to remain not in view of the public, and receptacles not emitting any adverse odours. 2. Designation of methods of collection including the need to provide for private services or utilisation of council services. If private collection is used, this method must incorporate recycling services and must comply with the relevant EPA noise guideline relating to the time of collection.

1. Appropriate areas of bin storage on site and areas of waste bin storage on collection days.

1. Times of waste collection, which are to be outside of peak pick up and drop off times, and details of the size of the waste collection vehicle. 2. Details for best practice waste management once operating.

Once approved the WMP will be endorsed to form part of this permit and must be complied with to the satisfaction of the Responsible Authority and must not be varied except with the written approval of the Responsible Authority.

1. Prior to the commencement of the use/development allowed by this permit a comprehensive Parking Management Plan must be submitted to and approved by the Responsible Authority. This plan must detail all land uses, including the layout and floor areas occupied by such uses and may be reviewed and varied from time to time subject to the approval of the Responsible Authority. The Parking Management Plan must include (but not limited to) the following:

1. The designation and allocation of parking between staff and visitors. 2. Signage to identify car spaces.

1. The identification of a short term pick up and drop off space. 2. Dissemination of parking information to parents.

to the satisfaction of the Responsible authority. Following any amendments to the land uses and/or layout of the development approved by the Responsible Authority, the applicant must submit for approval an amended Parking Management Plan within 28 days from the date of any amendments to the endorsed plans.

1. This Permit will expire if:
   • (a) The development is not started within two years of the issued date of this permit.
   • (b) The development is not completed within four years of the issued date of this permit.

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

[1] I 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. I do not recite or refer to all of the contents of those documents in these reasons.

[2] That is, the Residential Growth Zone, the General Residential Zone and the Neighbourhood Residential Zone.

[3] As set out at Clause 55 of the Glen Eira Planning Scheme.