• Construct a building or construct or carry out works

Stormwater Drainage Plan Prerequisite Requirements

1. Prior to the submission of Amended Plans pursuant to Condition 1, Development Stormwater Drainage Plans must be submitted to and approved by Council's Asset and Capital Planning team (Drainage) the responsible authority. The plans must be prepared by a suitably qualified and registered Civil Engineer and must include:

(a) The use of an On-site Stormwater Detention (OSD) system;

(b) The connection to the Council nominated Legal Point of Discharge;  

(c) The outfall drainage works necessary to connect the subject site to the Council nominated Legal Point of Discharge;  

(d) The integration, details and connections of all Water Sensitive Urban Design (WSUD) features in accordance with the Environmentally Sustainable Design (ESD) and STORM report and include drainage details as a result of landscaping;  

(e) A suitably prepared design with computations for the internal drainage and method of disposal of stormwater from all roofed areas and sealed areas;  

(f) All drainage plans must show proposed trees to be planted in accordance with the landscape plan submitted with the application.

1. Before the development starts, amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. The plans must be drawn to scale with dimensions and electronic copies provided (unlocked PDF). When the plans are endorsed they will then form part of the permit. The plans must be substantially in accordance with the plans (PNPE9 Amended Plans; Revision 9 TP11-00 - TP11-28 [inclusive]) but modified to show:

(a) A Stormwater Drainage Plan in accordance with Condition 1.

(b) The proposed changes to the Sustainability Management Plan including:

(i) A minimum 5kW roof mounted solar photovoltaic system

(ii) The proposed rainwater tank location, capacity and a notation stating that the tank will be connected to toilet flushing

(iii) The location of the rainwater treatment plant

(iv) Adjustable shading devices to west facing windows on levels 1, 2 and 3

(c) A Waste Management Plan in accordance with Condition 16

(d) A Construction Management Plan in accordance with Condition 26.

(e) A Water Sensitive Urban Design Response in accordance with Condition 28

(f) A Sustainable Design Assessment in accordance with Condition 29

(g) Any changes required by the Sustainable Design Assessment.

(h) All external doors (including those to external terraces) must be fitted with self-closing hinges designed to pull the door closed after it is opened.

1. The layout of the site and the size, levels, design and location of buildings and works on the endorsed plans must not be modified for any reason without the prior written consent of the responsible authority.
2. The proposed use (Place of Assembly - Virtual Reality Escape Room) must not be modified for any reason.

1. Noise levels emanating from the premises must not exceed the relevant unreasonable noise limits as prescribed under regulation 118 of the Environment Protection Regulations 2021 (Vic) or any successive relevant legislation, to the satisfaction of the responsible authority.

1. At the request of the responsible authority, the owner or occupier must, within 30 days, supply an assessment by a qualified acoustic consultant of noise levels emitted from the site with readings taken at times and locations specified by the responsible authority.

Noise levels emanating from the use must comply with condition 5.

The cost of the assessment is to be borne by the owner or occupier. If necessary, additional noise control features must be installed in consultation with an acoustic engineer, or activities and noise sources on the premises regulated at the direction of and to the satisfaction of the responsible authority. The frequency of this request will be at the discretion of the responsible authority.

1. The amenity of the area must not be adversely affected by the use and development as a result of the:

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

(b) Appearance of any building, works, stored goods or materials; and/or

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

(d) The presence of vermin; or in any other way

1. No more than four (4) staff are permitted to work at the place of assembly at any one time without the further written consent of the responsible authority.

1. No more than forty (40) patrons are permitted at the place of assembly at any one time without the written consent of the responsible authority.

1. The use allowed under this permit must operate only during the following hours without the written consent of the responsible authority:

Monday to Friday: 1:00pm - 4:00pm & 7:00pm - 10:00pm

Saturday, Sunday & Public Holidays - 1:00pm - 10:00pm

1. The external terraces on all levels are to be used by staff only.

1. All external lighting must be designed, baffled and located so as to prevent light from the site causing any unreasonable impacts on the locality, to the satisfaction of the responsible authority.
2. External lighting must not create any unreasonable loss of amenity to the surrounding area, to the satisfaction of the responsible authority

1. All security alarms or similar devices installed on the land must be of a silent type in accordance with any current standards published by Standards Australia International Ltd and must be connected to a registered security service, to the satisfaction of the responsible authority.

1. No external sound amplification equipment or loudspeakers are to be used for the purpose of announcements, broadcasts, playing of music or similar purposes.

1. No amplified live music or entertainment is permitted on the premises.

1. The provision of music on the premises must be limited to the relevant 'background level' as prescribed by the 'Noise limit and assessment protocol for the control of noise from commercial, industrial and trade premises and entertainment venues - Publication 1826.4', to the satisfaction of the responsible authority.

1. A sign must be attached to an internal wall in a prominent position adjacent to the entry/exit point to advise patrons to leave the premises in a quiet and orderly fashion. The sign must be to the satisfaction of the responsible authority.

1. A revised waste management plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. Once satisfactory, such plan will be endorsed and must be implemented to the satisfaction of the responsible authority. The plan must provide the following details of a waste collection service (including recyclables) for the subject land including:

(a) the type/s and number of waste bins;

(b) screening of bins;

(c) type/size of trucks;

(d) the timing and frequency of waste collection;

(e) plan showing the layout of the bins at collection time and measures for the delivery and retrieval of bins for collection;

(f) If collection is to occur within the basement how this will be managed with car parking to ensure that there are car spaces available to facilitate turning movements.

(g) whether collection is by private waste contractor or council service to the satisfaction of the responsible authority.

1. All bins and receptacles used for the collection and storage of solid waste, recyclables and other wastes must be kept in a designated area, to the satisfaction of the responsible authority. This storage area must be:

(a) Properly paved and drained to a legal point of discharge;

(b) Screened from view with a suitably designed enclosure;

(c) Supplied with adequate hot and cold water; and

(d) Maintained in a clean and tidy condition free from offensive odours to the satisfaction of the responsible authority.

1. All waste material not required for further on-site processing must be regularly removed from the site. All vehicles removing waste must have fully secured and contained loads so that no wastes are spilled or dust or odour is created, to satisfaction of the responsible authority.

1. Collection of waste must be conducted so as not to cause any unreasonable disturbance to nearby residential properties. No collection is to occur on weekends or public holidays to the satisfaction of the responsible authority.

Waste collection must occur Monday - Friday, between the hours of 8:00am - 4:30pm.

1. Deliveries to the site must only be undertaken between the hours of 7:00am - 4:30pm Monday to Friday and 8:00am - 5:00pm Saturday and Public Holidays, to the satisfaction of the Responsible Authority. No deliveries may take place on Sunday. Newspaper deliveries may take place outside these hours.

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

1. The external faces of walls on or facing boundaries must be cleaned and finished to an acceptable standard to the satisfaction of the responsible authority.

1. All pipes (except down-pipes), fixtures, fittings and vents servicing any building on the site must be concealed in service ducts or otherwise hidden from external view, to the satisfaction of the responsible authority.

1. No plant, equipment, services or architectural features other than those shown on the endorsed plan/s are permitted above the roof level of the building/s without the prior written consent of the responsible authority.

1. No air-conditioning or cooling units, condensers and the like are to be located on roofs, external walls or on balconies without the prior written consent of the responsible authority.

1. Prior to the commencement of any site works, including demolition and excavation, a Construction Management Plan must be submitted to and endorsed by the responsible authority. No works are permitted to occur until the Plan has been endorsed by the responsible authority. Once endorsed, the construction management plan will form part of the permit and must be implemented to the satisfaction of the responsible authority. The plan must be prepared in accordance with Council's Construction Management Plan Template and provide details of the following:

(a) Hours for construction activity in accordance with any other condition of this permit;

(b) Measures to control noise, dust, water and sediment laden runoff;

(c) Measures relating to removal of hazardous or dangerous material from the site, where applicable;

(d) A plan showing the location of parking areas for construction and subcontractors' vehicles on and surrounding the site, to ensure that vehicles associated with construction activity cause minimum disruption to surrounding premises. Any basement car park on the land must be made available for use by sub-constructors/tradespersons upon completion of such areas, without delay;

(e) A Traffic Management Plan showing truck routes to and from the site;

(f) Swept path analysis demonstrating the ability for trucks to enter and exit the site in a safe manner for the largest anticipated truck associated with the construction;

(g) A plan showing the location and design of a vehicle wash-down bay for construction vehicles on the site;

(h) Measures to ensure that sub-contractors/tradespersons operating on the site are aware of the contents of the construction management plan;

(i) Contact details of key construction site staff;

(j) A site plan showing the location of any site sheds, on-site amenities, building waste storage and the like, noting that Council does not support site sheds on Council road reserves; and

(k) Any other relevant matters, including the requirements of VicRoads and Yarra Trams.

1. All works including earthworks, demolition and construction activity associated with the approved development must take place only during the following hours, except with the prior written consent of the responsible authority:

1. Before the development starts a Water Sensitive Urban Design Response addressing the Application Requirements of Clause 53.18 'Stormwater Management in Urban Development' must be submitted to and approved by the satisfaction of the responsible authority. The response must include:

(a) A site plan showing the location of proposed stormwater treatment measures and the location and area (square metres) of impermeable surfaces that drain to each treatment measure.

(b) A written statement outlining how the application achieves current best practice performance objectives for stormwater quality as contained in the Urban Stormwater - Best Practice Environmental Management Guidelines (1999). Please note that for the modelling requirement you can use the following free program to demonstrate best practice, which is equivalent to a score of 100% or more.

(c) If any water tank is proposed, the plans must indicate the tank's capacity in litres and what the tank is connected to (e.g. toilets).

1. Prior to the endorsement of plans, a Sustainability Management Plan (SMP) must be submitted to and approved to the satisfaction by the responsible authority. The Sustainability Management Plan must demonstrate a best practice standard of environmentally sustainable design and be generally in accordance with the report by Melbourne Sustainability Consultants dated 3 February 2025, but modified to include the following changes:

(a) BESS credit Water credit amended to include the showers water rating

(c) Details on the potential water contaminants resulting from using the terrace as rainwater catchment area, the relevant water treatment measures proposed upstream and downstream the tanks, and their effectiveness in achieving the required water quality suitable for the end use. Also provide a maintenance plan, stating periodic actions, requirements and responsibilities.

1. All works must be undertaken in accordance with the endorsed Sustainability Management Plan to the satisfaction of the responsible authority. No alterations to these plans may occur without the written consent of the responsible authority.
2. Prior to the commencement of occupation or issue of a Statement of Compliance, whichever comes first, of any part approved under this permit, 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 endorsed SMP have been implemented in accordance with the approved plan.

1. The site must be drained to the satisfaction of the responsible authority.

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

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

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

(c) The use does not commence within three (3) years of the completion of the development.

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] In accordance with the City of Boroondara Schedule of Gradings Map (2024), a contributory site is defined as a place that contributes to the significance of a precinct when combined with other significant or contributory heritage places.

[2] The submissions and 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.

[10] Council advised that a 40 patron Place of Assembly generates a minimum car parking requirement of 0 spaces and maximum of six car parking spaces. This figure is based on a rate of 0.15 spaces per patron. Therefore, the provision of one on-site car space meets the statutory requirements of Clause 52.06.

[11] At [5.22] of Council's submission.

[13] [2010] VSC 583.

[14] Permit BOR/01/00347 was issued in 2001 for the construction of alterations and extensions to an existing education centre (music examinations) and to reduce the car parking requirement.

[15] Noise limit and assessment protocol for the control of noise from commercial, industrial, and trade premises, and entertainment venues, Publication 1826.5 (September 2025).

[16] Condition 5 of Planning Permit BOR/01/00347.

[17] By One Mile Grid (10 September 2025).