1. Concurrently with the submission of amended plans in accordance with condition 1, a Waste/Recycling Management Plan must be submitted to and approved by the Responsible Authority. The Waste/Recycling Management Plan must be generally in accordance with the Plan submitted with the application but modified as follows:
   • (a) Confirmation of whether Waterline Place is intended to provide one-way or two-way vehicle access and consequently where bins are to be collected from for townhouses 1 and 2 waste collection vehicles only be able to enter at Ann Street and exit onto Kanowna Street.

The owner and occupier and/or owners Corporation (s) of the site must ensure that the Waste/Recycling Management Plan approved pursuant to this condition is complied with to the satisfaction of the Responsible Authority.

1. Concurrently with the submission of amended plans in accordance with condition 1, a Construction Management Plan must be submitted to and approved by the Responsible Authority. Once approved, the Construction Management Plan must be complied with to the satisfaction of the Responsible Authority.
2. All activities associated with the construction of the development permitted by this permit must be carried out to the satisfaction of the Responsible Authority and all care must be taken to minimise the effect of such activities on the amenity of the locality.
3. Except with the written consent of the Responsible Authority construction or demolition works must only be carried out between: 7am - 6pm Monday to Friday and Saturday 8am - 6pm. No work is to be carried out on Sundays, ANZAC Day, Christmas Day or Good Friday.
4. The owner must ensure that dust suppression is undertaken in the form of constant water spraying or other natural based proprietary dust suppressant to ensure that dust caused by vehicles moving along the truck route and within the site does not cause a nuisance to surrounding properties to the satisfaction of the Responsible Authority. The development must not have an adverse impact on existing or future air quality.

1. The architect of the plans submitted with the application, or an alternative suitably qualified person approved by the Responsible Authority must be appointed for the duration of the project and oversee the implementation of the buildings and works associated with this permit to ensure the project is delivered to a reasonable standard of quality. Details of who is to be appointed to be submitted to the Responsible Authority for approval prior to the commencement of works.

1. The existing bus stops may continue to operate during construction, however if temporary stops in alternative locations are required, the temporary bus stop must be provided in consultation with, and to the satisfaction of Public Transport Victoria.
2. Before the occupation of the Stage 1A development, the line marking and bus stop alterations including all associated infrastructure, must be constructed in accordance with the endorsed plans, at a cost born by the permit holder and deemed compliant with the Disability Discrimination Act - Disability Standards for Accessible Public Transport 2002, to the satisfaction of Public Transport Victoria.

Once the upgraded stops are operational, the temporary stops (if applicable) must be removed.

1. The owner must take all reasonable steps to ensure that disruption to bus operations along Ann Street and Nelson Place are kept to a minimum during the construction of the development. Foreseen disruptions to bus operations and mitigation measures must be communicated to the bus operator and Public Transport Victoria 14 days prior.

1. Each dwelling must be designed, constructed and maintained to ensure that it is protected from existing lawful industrial noise so that lawful noise levels received at the dwelling comply with:
   • (a) the requirements of State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1 (SEPP N-1). Where the nature of the dwelling is such that it is not practical or reasonable to undertake an outdoor measurement of the industrial noise level, the measurement point for a noise sensitive area must be indoors in accordance with SEPP N-1 Schedule A1, 4. The indoor adjustment shall be in accordance with SEPP N-1; and
   • (b) an internal noise level of 45dB in accordance with relevant Australian Standard 2107 for acoustic control.

Pre-completion verification testing for dwellings

1. Prior to completion of the development, before external glazing and doors are installed, noise measurements must be conducted by a qualified acoustical consultant to verify the proposed construction will ensure that existing lawful industrial noise received at the dwellings are capable of complying with:
   • (a) the requirements of State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1 (SEPP N-1) in accordance with the above condition 13(a); and
   • (b) an internal noise level of 45dB in accordance with relevant Australian Standard 2107 for acoustic control.
2. If any additional remedial building treatment(s) or other work(s) are required to achieve compliance with the above acoustic requirements for dwellings, such details must be provided to the satisfaction of the responsible authority and when endorsed will form part of the permit.

Pre initial occupation verification testing for dwellings

1. After construction and prior to the occupation of any dwelling, pre initial occupation acoustic verification testing must be conducted by a qualified acoustical consultant. The testing must verify that the design and construction of the dwellings is sufficient to ensure that the dwellings are protected from existing lawful industrial noise so that lawful noise received at the dwellings complies with:

the requirements of State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1 (SEPP N-1) in accordance with the above condition 13(a); and

an internal noise level of 45dB in accordance with relevant Australian Standard 2107 for acoustic control.

General requirements for pre-completion and pre initial occupation verification testing and reporting for dwellings

1. The pre-completion and pre initial occupation verification testing for dwellings must be documented in reports respectively containing the relevant data, time of collection, assumptions, including allowances for ensuring representative noise emissions from the Williamstown Shipyard Site and other industrial noise, details of any required additional remedial building treatment or other works necessary to achieve the compliance, the accreditation certificate of the consultant, and the result of the testing. Each report must be submitted to the responsible authority, and must be to the satisfaction of the responsible authority.
2. All remedial building treatments or works designed to achieve compliance with the above acoustic requirements for dwellings must be maintained on the dwellings at all times to the satisfaction of the responsible authority.

1. Prior to the endorsed plans being made available a bank guarantee or bond of $3,500 must be lodged by the owner with the Responsible Authority to ensure the satisfactory establishment of landscaping works. Once landscaping has been completed in accordance with the endorsed landscaping plan, Council must be notified so that a site inspection can confirm the landscaping is compliant, and a 6 week establishment period will commence. The bank guarantee or bond will be returned after landscaping has been initially maintained for that period to the satisfaction of the Responsible Authority. After the establishment period, the landscaping must be maintained in accordance with the endorsed landscaping plan to the satisfaction of the Responsible Authority.
2. Prior to the occupation of the buildings hereby permitted, landscaping works as shown on the endorsed plans must be completed and thereafter must be maintained to the satisfaction of the Responsible Authority.

1. Prior to the occupation, the development must be constructed in accordance with the Sustainable Design Statement (identified as Sustainable Design Statement, Application No. PA1225057, Lot 1 31 Nelson Place Williamstown (Former Port Phillip Woollen Mill) for NP Development Pty Ltd Dated: 15 August 2012, prepared by Arc Resources), to the satisfaction of the Responsible Authority.
2. The studios above the garages associated with Townhouses 4, 5 and 7 are not to be occupied separately to the main dwellings.

1. Public Roads adjacent to the dwellings approved must be constructed prior to the occupation of any of the dwellings.

1. Prior to the commencement of the development allowed by this permit, the owner must provide:
   • (a) A Certificate of Environmental Audit in accordance with Part IXD of the Environment Protection Act 1970; or
   • (b) A Statement of Environmental Audit in accordance with Part IXD of the Environment Protection Act 1970. A Statement must state that the site is suitable for the use and development allowed by this permit.

All conditions contained within the environmental audit must be complied with to the satisfaction of the Responsible Authority. Written confirmation of compliance with the conditions must be provided by a suitably qualified environmental professional or other suitable person acceptable to the Responsible Authority.

Where there are conditions on a statement of environmental audit that require ongoing maintenance, monitoring requirements and/or other obligations, the owner must enter into an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987, to implement the conditions of the audit. The Agreement must be registered on title prior to the commencement of the development or prior to any other date, event or construction phase approved by the Responsible Authority upon the request of the owner. The owner is responsible for all costs associated with the preparation and registration of the Agreement, including those incurred by the Responsible Authority.

1. Prior to a Certificate of Occupancy being issued by the relevant Building Surveyor the construction and drainage of Waterline Place and Merchant Lane adjacent the subject site must be completed to the satisfaction of the Responsible Authority.

1. Prior to the occupation of the buildings hereby permitted, areas set aside for parked vehicles and access lanes as shown on the endorsed plans must be:
   • (a) Constructed.
   • (b) Properly formed to such levels that they can be used in accordance with the plans.
   • (c) Surfaced with an all-weather seal coat to the satisfaction of the Responsible Authority.
   • (d) Drained and maintained to the satisfaction of the Responsible Authority.

Parking areas and access lanes must be kept available for these purposes at all times.

1. Prior to commencement of the development the owner must prepare stormwater drainage design plans to the satisfaction of the relevant Building Surveyor. An application to Council must be made for a Legal Point of Discharge for the disposal of stormwater from the subject land and to determine the relevant Council standards for the stormwater drainage system design. An on-site storm water detention system will be required if the volume of stormwater exceeds the capacity of the legal point of discharge.
2. Any vehicle crossings must be constructed in the location shown on the endorsed plan to a standard satisfactory to the Responsible Authority. The relocation of any services including electricity poles, drainage pits, Telstra pits, fire hydrants and the like must be at the expense of the owner and approved by the appropriate authority prior to undertaking such works. Consent for such crossings must be obtained through Council's City Maintenance and Cleansing Department prior to construction.
3. Any alteration of soil level involving an increased or decreased level at the boundary must be retained by the provision of an adequate retaining wall, constructed of brick or masonry or other suitable alternative approved by the Responsible Authority, to buttress the soil against the possibility of shift. The construction of this retaining wall must be carried out by the owner. The retaining wall must remain in place whilst any increase or decrease level is present.
4. Before any construction or demolition works commence on the site, a secure fence must be provided around the perimeter of the site to prevent access to the site from unauthorized persons. This fence must be maintained for the duration of the construction and demolition, be a minimum height of 1.8m (or such alternative height as is approved in writing by the Responsible Authority), and be constructed to the satisfaction of the Responsible Authority. The gate or opening to the fence must be securely locked at all times when work has ceased on the site.
5. All basic services, including water, electricity, gas, sewerage and telephone must be installed underground and located to the satisfaction of the Responsible Authority.
6. The owner must meet the costs of all alterations to and reinstatement of, the Responsible Authority and other Public Authority Assets deemed necessary and required by such Authorities for the development. The owner is responsible for obtaining the prior specific written consent of the Council or other relevant Authority to such alterations and reinstatements and must comply with conditions required by the said Authority in relation to the execution of such works.
7. Prior to the occupation of the dwellings all redundant vehicle crossovers to Ann Street must be removed and the footpath, kerb and channel reinstated and made good to the satisfaction of the Responsible Authority at the cost of the owner.

1. The dividing wall between dwellings must be constructed to limit noise transmission to the satisfaction of the Responsible Authority.
2. Provision must be made for a suitable structure or structures for receiving mail and newspapers. Such area must be kept clean and tidy. The structure must include separate provision for each unit to receive papers.
3. No more than one television aerial may be erected per building on the land without the written consent of the Responsible Authority.
4. All service pipes (excluding downpipes) must be concealed on exposed elevations to the satisfaction of the Responsible Authority.

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

The Responsible Authority may extend the period in which to start the development if a request is made in writing before the permit expires or within six months afterwards.

The Responsible Authority may extend the period in which to complete the development if a request is made in writing before the permit expires or within 12 months afterwards and the development was lawfully started before the permit expired.

Demolition of buildings and works within the Heritage Overlay; use and construction of commercial tenancies (Shop/Food and Drink Premises); construction of multi- dwellings; construction of buildings and works (landscaping and road works); reduction in car parking requirements at Clause 52.06 of the Hobsons Bay Planning Scheme and waiver of loading/unloading requirements at Clause 52.07 of the Hobsons Bay Planning Scheme, generally in accordance with the endorsed plans.

1. Before the development starts, three copies of revised plans drawn to scale and dimensioned, 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 substantially in accordance with the advertised plans but modified to show to the satisfaction of the Responsible Authority:
   • (a) Apartments 3.13, 4.13 and 5.12 modified to provide some access to eastern light to both the balcony zone and eastern façade of the living area, whilst preventing direct interface views to adjoining balcony areas and reconfiguration of Apartment 1.01 to provide daylight to the southern bedroom.
   • (b) Apartment 1.06 modified to ensure that the internal room is a 'study nook' and not a second bedroom.
   • (c) The depth of the balconies to Apartments G.01, G02 and G.03 increased to not less than 1.6 metres.
   • (d) The provision of at least 3 cubic metres of external storage for each apartment.
   • (e) Apartments 1.08 and 1.11 to have at least 8 square metres of private open space.
   • (f) An increase of two car parking spaces in accordance with the evidence statement of Mr De Young dated 11 June 2013.
   • (g) Swept paths submitted to ensure that vehicular access and egress will be convenient and safe for end bays/blind aisles, to the satisfaction of the Responsible Authority. Any modifications required to be to the satisfaction of the Responsible Authority.
   • (h) All ninety-degree parking spaces excluding disabled bays with minimum dimensions of 2.6m by 4.9m with a minimum access aisle width of 6.4m.
   • (i) All car spaces adjacent to walls to be a minimum width of 2.7m.
   • (j) All support columns in the residential basements set back between 0.25m and 1.25m from the ends of the car spaces so as not to restrict manoeuvring or car door opening space, in accordance with Clause 52.06-8 of the Hobsons Bay Planning Scheme.
   • (k) Ramp gradients and headroom clearance to comply with Australian Standards.
   • (l) A 2.2m headroom clearance in the car parking areas between the floor and any obstructions.
   • (m) Identification of parking spaces allocated to specific dwellings.
   • (n) The building wholly contained within the title boundaries and any building protrusions set inside the title boundary accordingly.
   • (o) All service pipes, (excluding downpipes) concealed on exposed elevations to the satisfaction of the Responsible Authority. Downpipes to be shown.
   • (p) Details of the design of mail boxes drawn to a scale of 1:50; mailboxes to be integrated into the overall entry/foyer design, to be visually unobtrusive and secure together with space for newspaper delivery.
   • (q) All common doorway's throughout the building to have a minimum 'clear' opening of 850mm as per AS1482.2 11.5.
   • (r) All common corridors of residential apartments to be 1.5m wide (minimum) with localised widening wherever possible at the entries to doorways.
   • (s) A notation on the plans stating that all entrances/exits and internal doors are to be in accord with Australian Standard AS1428.1 7 Doorways, Doors and Circulation Space at Doorways.
   • (t) A notation on the plans that states the development will be constructed in accordance with the Australian Standard 1428 (2009) for Access and Mobility to the satisfaction of the Responsible Authority in so far as it relates to the main entry foyer area and common corridors.
   • (u) Utility meters shown in locations that are easily accessible and appropriately detailed to achieve a high quality appearance.
   • (v) Details showing how it is intended to improve the visibility of the stairs to encourage the use of stairs over elevators.
   • (w) A schedule of all external materials and finishes. The schedule must show the materials, colour (including two colour samples) and finish of all external surfaces including walls, balconies, roof, fascias, window and door frames, and paving (including car parking surfacing). All external window and door frames to be a wide-framed aluminium section and recessed into the surrounding wall. The schedule of external materials and finishes is to include, but not be limited to providing:
     • (i) Clear glazing and openings at the ground floor level retails frontages; a minimum 75% of each shopfront area must provide for unobstructed surveillance into the building from the exterior and vice versa.
     • (ii) All external window and door frames to be wide-framed aluminium section and recessed into the surrounding wall.
   • (x) All air conditioning condenser units on the balconies appropriately screened from view.
   • (y) The provision of 'service-ducts' from the retail area through to the roof of the building.
   • (z) All roof top plant lift overruns, service entries, communication devices, television aerials and other technical attachments located externally to be treated as part of the overall design. This includes any kitchen flues required in association with the commercial tenancy. These facilities must be positioned to prevent unreasonable noise and visual impact.
   • (aa) The positioning of all plant and equipment (including air conditioning units, heating units, hot water systems, etc) which is proposed to be located externally. Such plant and equipment must be positioned to prevent unreasonable noise and visual impact.
   • (bb) Submit details of wall construction with the objective of minimising noise transmission between dwellings, and utility areas.
   • (cc) Details of any acoustic treatments required under Conditions 20, 21 and 23.
   • (dd) Sustainable design statement to be modified as follows;
     • (i) Water collected from rainwater tanks is to be used by toilets of the commercial tenancies.
     • (ii) Modification to the STEPs report and Storm report accordingly.
   • (ee) Provision of adequate waste storage areas in accordance with the approved Waste/Recycling Management Plan required by Condition 8 of this permit.

1. All proposed public realm works including typical details for road and pedestrian pavements, landscaping, drainage details, lighting and street furniture. Works to be shown must be dimensioned and include treatment of the following:
   • (a) Nelson Place and Ann Street road reserves, including the continuation of street tree and pavement details to complement existing planting and pavement themes to Council's satisfaction.
   • (b) Undergrounding of power in Ann Street.
   • (c) Deletion of the proposed fixed furniture shown at the corner of Nelson Place and Ann Street to be replaced with an alternative consistent with Council's public furniture suite.
   • (d) Waterline Place, including replacement of 'crazy paving' with etched concrete and the eastern end of Waterline Place to allow for future two-way movement of vehicles.
   • (e) Merchant Lane.
   • (f) Identification of proposed accessible spaces compliant with current Disability Discrimination Act standards.
   • (g) Charcoal coloured concrete footpaths and kerbs.
2. The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.
3. Once the development has started, it must be continued and completed to the satisfaction of the Responsible Authority

1. Prior to the commencement of works, a suggested procedure must be submitted explaining the process to be adopted in the event that an Aboriginal Heritage site is indentified, in accordance with the requirements of Aboriginal Affairs Victoria (AAV) and to the satisfaction of the responsible authority.
2. Before works are carried out that would significantly disturb the natural surface or subsoil of the land, a program of historical archaeological investigation must be conducted to the satisfaction of the Executive Director, Heritage Victoria (and in accordance with the provisions of Part 6 of the Heritage Act 1995) and Aboriginal Affairs Victoria (AAV).
3. Upon completion of demolition works, an information plaque must be embedded/erected on the wall of the new building at the cost of the owner to the satisfaction of the Responsible Authority which contains a brief written summary of the history of the former Oriental Hotel, the date of its demolition as well as an image of the building representing it's original form. The location of the plaque is to be to the satisfaction of the responsible authority.

1. Concurrently with the submission of amended plans in accordance with 1(ee), a Waste/Recycling Management Plan must be submitted to and approved by the Responsible Authority. The Waste/Recycling Management Plan must be generally in accord with the Plan submitted with the application but modified as follows:
   • (a) A commitment not to collect rubbish on Councils' nominated rubbish collection day (currently Tuesday) so as not to conflict with Council's service.
   • (b) A commitment to have all residential waste collection occur from Waterline Place and for the collection vehicle to enter via Ann Street and exit via Kanowna Street (including the nomination of a designated collection point).
   • (c) Outline how waste will be transferred between the refuse room and Waterline Place.
   • (d) Resolve the inconsistency and ambiguity in the Waste Management Plan regarding bins left in public places. The Plan is to state that bins will not be left on public areas at any time.
   • (e) Compaction of refuse and the breaking up of bottles not occurring whilst the collection vehicle is standing stationary at or near the site.

The owner(s) and occupier(s) of the site and/or owners Corporation must ensure that the Waste/Recycling Management Plan approved pursuant to this condition is complied with to the satisfaction of the Responsible Authority.

1. Concurrently with the submission of amended plans in accordance with Condition 1, a Construction Management Plan must be submitted to and approved by the Responsible Authority. Once approved, the Construction Management Plan must be complied with to the satisfaction of the Responsible Authority.
2. All activities associated with the construction of the development permitted by this permit must be carried out to the satisfaction of the Responsible Authority and all care must be taken to minimise the effect of such activities on the amenity of the locality.
3. Except with the written consent of the Responsible Authority construction or demolition works must only be carried out between: 7am - 6pm Monday to Friday and Saturday 8am - 6pm. No work is to be carried out on Sundays, ANZAC Day, Christmas Day or Good Friday.
4. The owner must ensure that dust suppression is undertaken in the form of constant water spraying or other natural based proprietary dust suppressant to ensure that dust caused by vehicles moving along the truck route and within the site does not cause a nuisance to surrounding properties to the satisfaction of the Responsible Authority. The development must not have an adverse impact on existing or future air quality.
5. Before any construction or demolition works commence on the site, a secure fence must be provided around the perimeter of the site to prevent access to the site from unauthorized persons. This fence must be maintained for the duration of the construction and demolition, be a minimum height of 1.8m (or such alternative height as is approved in writing by the Responsible Authority), and be constructed to the satisfaction of the Responsible Authority. The gate or opening to the fence must be securely locked at all times when work has ceased on the site.

1. The architect of the plans submitted with the application, or an alternative suitably qualified person approved by the Responsible Authority must be appointed for the duration of the project and oversee the implementation of the buildings and works associated with this permit to ensure the project is delivered to a reasonable standard of quality. Details of who is to be appointed must be submitted to the Responsible Authority prior to the commencement of buildings and works.

1. Unless otherwise agreed in writing with Public Transport Victoria, prior to the commencement of works, plans to the satisfaction of Public Transport Victoria, 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 show:
   • (a) Upgrades to both existing bus stops on Ann Street, to the south of Nelson Place.
   • (b) Provision of a bus shelter to each stop, or alternatively a canopy providing all weather protection to passengers.
   • (c) Allocated space for wheelchairs within any bus shelters shown.
   • (d) Provision of bus stop identification line marking ('X') marked box) to identify each bus stop.
   • (e) Bus stop poles, flags and timetable cases to PTV's requirements for each stop.
   • (f) Access path and paved surfaces in line with the entrance and exit points of the buses with a minimum width of 1.2m.
   • (g) Provision of tactile ground surface indicators.
2. The existing bus stops may continue to operate during construction, however if temporary stops in alternative locations are required, the temporary bus stop must be provided in consultation with, and to the satisfaction of Public Transport Victoria.
3. Before the occupation of Stage 1A of the development, the line marking and bus stop alterations including all associated infrastructure, must be constructed in accordance with the endorsed plans, at a cost borne by the owner and deemed compliant with the Disability Discrimination Act - Disability Standards for Accessible Public Transport 2002, to the satisfaction of Public Transport Victoria.
4. Once the upgraded stops are operational, the temporary stops (if applicable) must be removed.
5. The owner must take all reasonable steps to ensure that disruption to bus operations along Ann Street and Nelson Place are kept to a minimum during the construction of the development. Foreseen disruptions to bus operations and mitigation measures must be communicated to the bus operator and Public Transport Victoria fourteen days (14) prior.

1. Prior to the submission of amended plans in accordance with Condition 1, an acoustic assessment and report must be prepared by a suitably qualified acoustic engineer (the Acoustic Report). The Acoustic report must outline the nature of the assessments undertaken and must prescribe any mitigation measures or acoustic treatments required to protect the dwellings authorised by this permit from adverse noise impacts emanating from:
   • (a) Activities associated with the garbage chute and refuse room.
   • (b) Other apartments and neighbouring uses and travelling between or through the walls of the dwellings.
   • (c) Activities associated with the car parks generating noise which travels into the dwellings above, below and on the same floor level.

The report must be submitted to the Responsible Authority for approval.

1. Any measures or treatments recommended in the Acoustic Report, must be incorporated into the amended plans referred to in Condition 1 of this permit to the satisfaction of the Responsible Authority. All recommended measures or treatments must be constructed and implemented at the owner's expense to the satisfaction of the Responsible Authority prior to the occupation of the dwellings.
2. Any acoustic treatments/structures shown on the endorsed plan must be maintained at all times to the satisfaction of the Responsible Authority.

1. Each dwelling must be designed, constructed and maintained to ensure that it is protected from existing lawful industrial noise and existing lawful commercial noise so that lawful noise levels received at the dwelling comply with:
   • (a) the requirements of State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1 (SEPP N-1). Where the nature of the dwelling is such that it is not practical or reasonable to undertake an outdoor measurement of the industrial noise level, the measurement point for a noise sensitive area must be indoors in accordance with SEPP N-1 Schedule A1, 4. The indoor adjustment shall be in accordance with SEPP N-1; and
   • (b) an internal noise level of 45dB in accordance with relevant Australian Standard 2107 for acoustic control.

Pre-completion verification testing for dwellings

1. Prior to completion of the development, before external glazing and doors are installed, noise measurements must be conducted by a qualified acoustical consultant to verify the proposed construction will ensure that existing lawful industrial noise received at the dwellings are capable of complying with:
   • (a) the requirements of State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1 (SEPP N-1) in accordance with the above condition 23(a); and
   • (b) an internal noise level of 45dB in accordance with relevant Australian Standard 2107 for acoustic control.
2. If any additional remedial building treatment(s) or other work(s) are required to achieve compliance with the above acoustic requirements for dwellings, such details must be provided to the satisfaction of the responsible authority and when endorsed will form part of the permit.

Pre initial occupation verification testing for dwellings

1. After construction and prior to the occupation of any dwelling, pre initial occupation acoustic verification testing must be conducted by a qualified acoustical consultant. The testing must verify that the design and construction of the dwellings is sufficient to ensure that the dwellings are protected from existing lawful industrial noise so that lawful noise received at the dwellings complies with:
   • (a) the requirements of State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1 (SEPP N-1) in accordance with the above condition 23(a); and
   • (b) an internal noise level of 45dB in accordance with relevant Australian Standard 2107 for acoustic control.

General requirements for pre-completion and pre initial occupation verification testing and reporting for dwellings

1. The pre-completion and pre initial occupation verification testing for dwellings must be documented in reports respectively containing the relevant data, time of collection, assumptions, including allowances for ensuring representative noise emissions from the Williamstown Shipyard Site and other industrial noise, details of any required additional remedial building treatment or other works necessary to achieve the compliance, the accreditation certificate of the consultant, and the result of the testing. Each report must be submitted to the responsible authority, and must be to the satisfaction of the responsible authority.
2. All remedial building treatments or works designed to achieve compliance with the above acoustic requirements for dwellings must be maintained on the dwellings at all times to the satisfaction of the responsible authority.

1. Prior to commencement of works, a Tree Management Plan prepared by a suitably qualified arborist must be submitted to the satisfaction of the Responsible Authority outlining how the street trees in Ann Street and Nelson Place (in front of the proposed lots 1 and 2) are to be protected above and below ground level during the construction period. When approved, the Tree Management Plan will form part of this permit. The Plan is to include the following:
   • (a) Trees to be pruned to provide approximately one metre clearance to the proposed building on lot 2.
   • (b) A suitable Tree Protection Zone based on the recommendations contained in the Arborist Report prepared for Council by Homewood Consulting Pty Ltd dated 13 May 2013 with barrier fence established around the street trees on the Nelson Place and Ann Street frontages.
   • (c) The Tree Protection Zone enclosed using a 2 metre high temporary cyclone fence or similar, which must remain in place through all stages of the development. This fence must not enclose the footpath which must be kept clear for pedestrian access and a sign must be erected on the fence informing that the fence is a 'Tree Protection Zone'.
   • (d) Specify that parking of vehicles or storage of plant & equipment, materials, soil or waste is not permitted within the Tree Protection Zone area.
   • (e) Specify that no excavation is allowed within the Tree Protection Zone except with the consent of Council's Town Planning Department and under the supervision of a qualified Arborist.
   • (f) A radius of 1.5m from the trunk of the trees mulched to allow water and oxygen to penetrate the root system below and allow for healthy trunk growth.
   • (g) Replacement of some of the existing asphalt with permeable concrete or porous paving under the canopy away from the proposed building.
   • (h) The engagement of a qualified aborist to determine whether any additional pruning required to allow for the erection of scaffolding is acceptable to ensure that the trees are not at risk of deteriorating health. Consideration to be given to scaffolding that goes over the top of the tree, enclosing the tree in a box like structure as this would cause less damage and require less pruning.
   • (i) The health and condition of the trees to be monitored throughout the construction period by a qualified arborist.
   • (j) Any excavation within the Tree Protection zone including the removal of footpaths will require a separate arborist report discussing the impact on the trees and identify specific measures to minimise any negative impacts to the satisfaction of the Responsible Authority.

Any measures recommended in the Tree Management Plan must be undertaken to the satisfaction of the Responsible Authority.

1. Prior to the occupation of the buildings hereby permitted, landscaping works as shown on the endorsed plans must be completed and thereafter must be maintained to the satisfaction of the Responsible Authority.

1. Prior to the occupation of the development, the development must be constructed in accordance with the Sustainable Design Statement (identified as Sustainable Design Statement, Application No. PA1225060, Lot 2, 31 Nelson Place Williamstown (Former Port Phillip Woollen Mill) for NP Development Pty Ltd Dated: 15 August 2012, prepared by Arc Resources) as modified by Condition 1(dd), to the satisfaction of the Responsible Authority.

1. Prior to the commencement of the development approved under this permit, or any other date approved by the Responsible Authority, the owner must submit to the Responsible Authority:
   • (a) A Certificate of Environmental Audit in accordance with Section 53Y of the Environment Protection Act 1970; or
   • (b) A Statement of Environmental Audit (with or without conditions) in accordance with Section 53Z of the Environment Protection Act 1970 and must be conducted by an Environmental Auditor appointed under that Act. A statement must state that the site is suitable for the use and development allowed by this permit.

All conditions contained within the environmental audit must be complied with to the satisfaction of the Responsible Authority. Written confirmation that the audit requirements have been satisfied must be provided by a suitably qualified environmental professional or other suitable person acceptable to the Responsible Authority.

Where there are conditions on a statement of environmental audit that require ongoing maintenance and/or monitoring requirements, the owner must enter into an agreement pursuant to Section 173 of the Planning and Environment Act 1987. The Agreement must be registered on title prior to the commencement of the development or prior to any other date, event or construction phase approved by the Responsible Authority upon the request of the owner. The owner is responsible for all costs associated with the preparation and registration of the Agreement, including those incurred by the Responsible Authority.

1. Before the development starts, an integrated travel plan (including a Green Travel Plan) must be submitted to the Responsible Authority for approval. The plan must facilitate and promote the use of sustainable transport modes (walking, cycling, public transport) in preference to private vehicle use, particularly for local and work trips and must include a share car space within Nelson Place in association with Stage 1A. The location of the share car space is to be to the satisfaction of the Responsible Authority. All costs associated with the construction, implementation and management of the car share vehicle are to be at the permit holder's expense. The space must be available for use prior to occupation of the dwellings hereby permitted or the dwellings approved in PA1225060, whichever is first occupied. When approved, the plan will form part of this permit. The plan must be implemented to the satisfaction of the Responsible Authority.

1. Prior to an Occupancy Permit being issued by the relevant Building Surveyor the Nelson Place public realm works, the construction and drainage of Waterline Place and the access Lane adjacent the site must be completed to the satisfaction of the Responsible Authority. This includes the construction of on street car parking spaces, lighting, landscaping and pavement works.

1. Prior to the occupation of the buildings hereby permitted, areas set aside for parked vehicles and access lanes as shown on the endorsed plans must to the satisfaction of the Responsible Authority be:
   • (a) Constructed.
   • (b) Properly formed to such levels that they can be used in accordance with the plans.
   • (c) Surfaced with an all-weather seal coat.
   • (d) Drained and maintained.
   • (e) Line-marked to indicate each car space and all access lanes. The direction of traffic along the access lanes and driveways must also be clearly marked.
   • (f) Parking areas and access lanes must be kept available for these purposes at all times.
2. The car parking allocation as designated on the endorsed plan and referred to in Condition 1 must be complied with at all times and to the satisfaction of the Responsible Authority.

1. Prior to commencement of the development the owner must prepare stormwater drainage design plans to the satisfaction of the relevant Building Surveyor. An application to Council must be made for a Legal Point of Discharge for the disposal of stormwater from the subject land and to determine the relevant Council standards for the stormwater drainage system design. An on-site storm water detention system must be provided if the volume of stormwater exceeds the capacity of the legal point of discharge.
2. Any vehicle crossings must be constructed in the location shown on the endorsed plan to a standard satisfactory to the Responsible Authority. The relocation of any services including electricity poles, drainage pits, Telstra pits, fire hydrants and the like must be at the expense of the owner and approved by the appropriate authority prior to undertaking such works. Consent for such crossings must be obtained through Council's City Maintenance and Cleansing Department prior to construction.
3. The entire development must be connected to the existing underground drainage and sewerage systems to the satisfaction of the Responsible Authority.
4. The owner must meet the costs of all alterations to and reinstatement of, the Responsible Authority and other Public Authority Assets deemed necessary and required by such Authorities for the development. The owner must obtain the prior specific written consent of the Council or other relevant Authority to such alterations and reinstatements and must comply with conditions required by the said Authority in relation to the execution of such works.
5. All service pipes, (excluding downpipes), must be concealed on exposed elevations to the satisfaction of the Responsible Authority.
6. All basic services, including water, electricity, gas, sewerage and telephone must be installed underground and located to the satisfaction of the Responsible Authority.

1. The dividing wall between dwellings must be constructed to limit noise transmission to the satisfaction of the Responsible Authority.
2. Any security alarm or similar device installed must be of a silent type.
3. No television aerials other than shown on the endorsed plans referred to in Condition 1 of this permit are permitted to be erected so that they are visible from beyond the perimeter of the site.
4. Equipment, services and architectural features (other than those shown on the endorsed plan) must not be above the roof level of the building unless otherwise agreed to in writing by the Responsible Authority.

1. Tenants associated with the commercial businesses must make satisfactory arrangements for all litter including food wrappers and containers to be cleared away from the land on a regular basis to the satisfaction of the Responsible Authority.
2. The kitchen exhaust system must be installed and maintained to the satisfaction of the Responsible Authority so as to prevent the emission of unreasonable odours from the premises.
3. Provision must be within each tenancy for storage of trade wastes and garbage and such areas must be screened from public view to the satisfaction of the Responsible Authority.
4. No goods, packages, waste refuse or other material shall be stored and or/left exposed outside the premises as to be visible to the public to the satisfaction of the Responsible Authority.
5. All retail tenancies must at all times maintain an active frontage at ground level in such a manner that allows views into and out of the building to the satisfaction of the Responsible Authority. A minimum of 75% of the shopfront area must provide for unobstructed surveillance into the tenancy from outside and vice versa. Signage, shelving, blinds, displays, awnings or similar must not be located in a manner that prevents views into the building in accordance with this condition.
6. The amenity of the area must not be detrimentally affected by the use or development for any reason including 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, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil.
   • (d) Presence of vermin.
   • (e) Construction activities.
   • (f) Hours of operation of the commercial uses.
   • (g) Presence of graffiti.
7. The collection of refuse associated with the commercial uses must be occur in a manner so as not to adversely affect the amenity of the area through the emission of noise or vibration.
8. The site must be kept in an ordered and tidy state and its appearance must not prejudicially affect the amenity of the area.
9. Any security alarm or similar device installed must be of a silent type.
10. Music emanating from the commercial premises must comply with the State Environment Protection Policy N-2 'Control of Noise from Public Premises'.
11. Mechanical noise emanating from the commercial premises must comply with the State Environment Protection policy N-1 'Control of Noise from Commerce, Industry and Trade.'
12. No sound or amplified equipment or loudspeakers shall be installed so as to be audible from outside the commercial premises.

1. This permit will expire if one of the following circumstances applies:
   • (a) The development is not started within two years of the date of this permit.
   • (b) The development is not completed within four years of the date of this permit.
   • (c) The use is not commenced within four years of the date of this permit.

The Responsible Authority may extend the period in which to start the development if a request is made in writing before the permit expires or within six months afterwards.

The Responsible Authority may extend the period in which to complete the development if a request is made in writing before the permit expires or within 12 months afterwards and the development was lawfully started before the permit expired.

Construction of twelve dwellings and reduction in car parking required under Clause 52.06 of the Hobsons Bay Planning Scheme generally in accordance with the endorsed plans.

1. Before the development starts, three copies of revised plans drawn to scale and dimensioned, 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 substantially in accordance with the advertised plans but modified to show to the satisfaction of the Responsible Authority:
   • (a) Modification of the southwest corner of Townhouse 12 to provide for adequate sightlines out of the car park in the development on Lot 2, Stage 1A.
   • (b) A schedule of all external materials and finishes. The schedule must show the materials, colour (including two colour samples) and finish of all external surfaces including walls, roof, fascias, window frames and paving (including car parking surfacing). All external window and door frames to be a wide-framed aluminium section and recessed into the surrounding wall.
   • (c) The positioning of all plant and equipment (including air conditioning units, heating units, hotwater systems, etc) which is proposed to be located externally. Such plant and equipment must be positioned to prevent unreasonable noise and visual impact.
   • (d) The proposed landscape treatment of the site including the location of all existing and proposed species. An emphasis must be placed on maximising the use of native drought tolerant species. The landscape plan must include but not be limited to species selection in accordance with Hobsons Bay Plant Selections for Commercial and Industrial Premises 2007. Planting locations and type should be selected for durability, ease of maintenance, to provide aesthetic quality.
   • (e) The building wholly contained within the title boundaries and any building protrusions set inside the title boundary accordingly.
   • (f) A written notation on the plans stating electricity connections to the proposed dwellings are provided underground.
   • (g) Each dwelling to have a private open space area of a minimum 8 square metres in area with a minimum internal width of 1800mm.
   • (h) A minimum of 6 cubic metres of storage provided for each dwelling. The storage space provided must be separate to the space nominated within the garages for either rainwater tanks or bin storage.
   • (i) Screening of habitable room windows, balconies and terraces to avoid direct views into habitable room windows, balconies and terraces of any other dwelling within the development within a horizontal distance of 9 metres (measured at ground level) to the satisfaction of the Responsible Authority. Views to be measured within a 45 degree angle from the plane of the window or perimeter of the balcony or terrace and from a height of 1.7 metres above floor level. Screening techniques referred to in Clause 55.04-6 to be used as a guide.
   • (j) The Construction Management Plan amended to include the following:
     • (i) The treatment of dust to be in accordance with Condition 8 of this permit.
     • (ii) Detail on how construction and demolition was will be managed on the site and opportunities for waste and litter minimisation.
     • (iii) A separate truck holding area from the construction car park to the satisfaction of the Responsible Authority.
     • (iv) A target recycling rate of 80% by weight (in lieu of 60%).
   • (k) Details of proposed mailboxes.
   • (l) Utility meters shown in locations that are easily accessible and appropriately detailed/located to achieve a high quality streetscape appearance.
   • (m) Details of wall construction with the objective of minimising noise transmission between dwellings, and utility areas.
   • (n) Screening to the north-facing bedrooms windows of townhouses 07-12 inclusive (level 2).
   • (o) Screening to the rear windows on level 3 of townhouses 01, 02, 05 and 06.
   • (p) Details of any acoustic treatments required to achieve compliance with Condition 12.
2. The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.
3. Once the development has started, it must be continued and completed to the satisfaction of the Responsible Authority.

1. Concurrently with the submission of amended plans in accordance with condition 1, a Waste/Recycling Management Plan must be submitted to and approved by the Responsible Authority. The Waste/Recycling Management Plan must be generally in accord with the Plan submitted with the application but modified as follows:
   • (a) An inconsistency in the Plan must be rectified regarding who is to return the bins once collected. The report needs to state that residents and not the operator are responsible for the return of kerbside bins.

The owner and occupier and/or owners Corporation (s) of the site must ensure that the Waste/Recycling Management Plan approved pursuant to this condition is complied with to the satisfaction of the Responsible Authority.

1. Concurrently with the submission of amended plans in accordance with condition 1, a Construction Management Plan must be submitted to and approved by the Responsible Authority. Once approved, the Construction Management Plan must be complied with to the satisfaction of the Responsible Authority.
2. All activities associated with the construction of the development permitted by this permit must be carried out to the satisfaction of the Responsible Authority and all care must be taken to minimise the effect of such activities on the amenity of the locality.
3. Except with the written consent of the Responsible Authority construction or demolition works must only be carried out between: 7am - 6pm Monday to Friday and Saturday 8am - 6pm. No work is to be carried out on Sundays, ANZAC Day, Christmas Day or Good Friday.
4. The owner must ensure that dust suppression is undertaken in the form of constant water spraying or other natural based proprietary dust suppressant to ensure that dust caused by vehicles moving along the truck route and within the site does not cause a nuisance to surrounding properties to the satisfaction of the Responsible Authority. The development must not have an adverse impact on existing or future air quality.

1. The architect of the plans submitted with the application, or an alternative suitably qualified person approved by the Responsible Authority must be appointed for the duration of the project and oversee the implementation of the buildings and works associated with this permit to ensure the project is delivered to a reasonable standard of quality. Details of who is to be appointed must be submitted to the Responsible Authority for approval prior to the commencement of buildings and works.

1. The existing bus stops may continue to operate during construction, however if temporary stops in alternative locations are required, the temporary bus stop must be provided in consultation with, and to the satisfaction of Public Transport Victoria.
2. The owner must take all reasonable steps to ensure that disruption to bus operations along Ann Street and Nelson Place are kept to a minimum during the construction of the development. Foreseen disruptions to bus operations and mitigation measures must be communicated to the bus operator and Public Transport Victoria fourteen days (14) prior.

1. Each dwelling must be designed, constructed and maintained to ensure that it is protected from existing lawful industrial noise and existing lawful commercial noise so that lawful noise levels received at the dwelling comply with:
   • (a) the requirements of State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1 (SEPP N-1). Where the nature of the dwelling is such that it is not practical or reasonable to undertake an outdoor measurement of the industrial noise level, the measurement point for a noise sensitive area must be indoors in accordance with SEPP N-1 Schedule A1, 4. The indoor adjustment shall be in accordance with SEPP N-1; and
   • (b) an internal noise level of 45dB in accordance with relevant Australian Standard 2107 for acoustic control.

Pre-completion verification testing for dwellings

1. Prior to completion of the development, before external glazing and doors are installed, noise measurements must be conducted by a qualified acoustical consultant to verify the proposed construction will ensure that existing lawful industrial noise received at the dwellings are capable of complying with:
   • (a) the requirements of State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1 (SEPP N-1) in accordance with the above condition 12(a); and
   • (b) internal noise level of 45dB in accordance with relevant Australian Standard 2107 for acoustic control.
2. If any additional remedial building treatment(s) or other work(s) are required to achieve compliance with the above acoustic requirements for dwellings, such details must be provided to the satisfaction of the responsible authority and when endorsed will form part of the permit.

Pre initial occupation verification testing for dwellings

1. After construction and prior to the occupation of any dwelling, pre initial occupation acoustic verification testing must be conducted by a qualified acoustical consultant. The testing must verify that the design and construction of the dwellings is sufficient to ensure that the dwellings are protected from existing lawful industrial noise so that lawful noise received at the dwellings complies with:
   • (a) the requirements of State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1 (SEPP N-1) in accordance with the above condition 12(a); and
   • (b) an internal noise level of 45dB in accordance with relevant Australian Standard 2107 for acoustic control.

General requirements for pre-completion and pre initial occupation verification testing and reporting for dwellings

1. The pre-completion and pre initial occupation verification testing for dwellings must be documented in reports respectively containing the relevant data, time of collection, assumptions, including allowances for ensuring representative noise emissions from the Williamstown Shipyard Site and other industrial noise, details of any required additional remedial building treatment or other works necessary to achieve the compliance, the accreditation certificate of the consultant, and the result of the testing. Each report must be submitted to the responsible authority, and must be to the satisfaction of the responsible authority.
2. All remedial building treatments or works designed to achieve compliance with the above acoustic requirements for dwellings must be maintained on the dwellings at all times to the satisfaction of the responsible authority.

1. Prior to the endorsed plans being made available a bank guarantee or bond of $6,000 must be lodged by the owner with the Responsible Authority to ensure the satisfactory establishment of landscaping works. Once landscaping has been completed in accordance with the endorsed landscaping plan, Council must be notified so that a site inspection can confirm the landscaping is compliant, and a 6 week establishment period will commence. The bank guarantee or bond will be returned after landscaping has been initially maintained for that period to the satisfaction of the Responsible Authority. After the establishment period, the landscaping must be maintained in accordance with the endorsed landscaping plan to the satisfaction of the Responsible Authority.
2. Prior to the occupation of the buildings hereby permitted, landscaping works as shown on the endorsed plans must be completed and thereafter must be maintained to the satisfaction of the Responsible Authority.

1. Prior to the occupation of the development, the development must be constructed in accordance with the Sustainable Design Statement (identified as Sustainable Design Statement, Application No. PA1225059, Lot 3 31 Nelson Place Williamstown (Former Port Phillip Woollen Mill) for NP Development Pty Ltd Dated: 15 August 2012, prepared by Arc Resources), to the satisfaction of the Responsible Authority.

1. Prior to the commencement of the development approved under this permit, or any other date approved by the Responsible Authority, the owner must submit to the Responsible Authority:
   • (a) A Certificate of Environmental Audit in accordance with Section 53Y of the Environment Protection Act 1970; or
   • (b) A Statement of Environmental Audit (with or without conditions) in accordance with Section 53Z of the Environment Protection Act 1970 and must be conducted by an Environmental Auditor appointed under that Act. A statement must state that the site is suitable for the use and development allowed by this permit.

All conditions contained within the environmental audit must be complied with to the satisfaction of the Responsible Authority. Written confirmation that the audit requirements have been satisfied must be provided by a suitably qualified environmental professional or other suitable person acceptable to the Responsible Authority.

Where there are conditions on a statement of environmental audit that require ongoing maintenance and/or monitoring requirements, the owner must enter into an agreement pursuant to Section 173 of the Planning and Environment Act 1987. The Agreement must be registered on title prior to the commencement of the development or prior to any other date, event or construction phase approved by the Responsible Authority upon the request of the owner. The owner is responsible for all costs associated with the preparation and registration of the Agreement, including those incurred by the Responsible Authority.

1. Prior to an Occupancy Permit being issued by the relevant Building Surveyor the Nelson Place public realm works, the construction and drainage of Waterline Place and the access Lane adjacent the subject site must be completed to the satisfaction of the Responsible Authority. This includes the construction of on street car parking spaces, lighting, landscaping and pavement works.

1. Prior to the occupation of the buildings hereby permitted, areas set aside for parked vehicles and access lanes as shown on the endorsed plans must be:
   • (a) Constructed.
   • (b) Properly formed to such levels that they can be used in accordance with the plans.
   • (c) Surfaced with an all-weather seal coat to the satisfaction of the Responsible Authority.
   • (d) Drained and maintained to the satisfaction of the Responsible Authority.

Parking areas and access lanes must be kept available for these purposes at all times.

1. Prior to commencement of the development the owner must prepare stormwater drainage design plans to the satisfaction of the relevant Building Surveyor. An application to Council must be made for a Legal Point of Discharge for the disposal of stormwater from the subject land and to determine the relevant Council standards for the stormwater drainage system design. An on-site storm water detention system will be required if the volume of stormwater exceeds the capacity of the legal point of discharge.
2. Any vehicle crossings must be constructed in the location shown on the endorsed plan to a standard satisfactory to the Responsible Authority. The relocation of any services including electricity poles, drainage pits, Telstra pits, fire hydrants and the like must be at the expense of the owner and approved by the appropriate authority prior to undertaking such works. Consent for such crossings must be obtained through Council's City Maintenance and Cleansing Department prior to construction.
3. Any alteration of soil level involving an increased or decreased level at the boundary must be retained by the provision of an adequate retaining wall, constructed of brick or masonry or other suitable alternative approved by the Responsible Authority, to buttress the soil against the possibility of shift. The construction of this retaining wall must be carried out by the owner. The retaining wall must remain in place whilst any increase or decrease level is present.
4. Before any construction or demolition works commence on the site, a secure fence must be provided around the perimeter of the site to prevent access to the site from unauthorized persons. This fence must be maintained for the duration of the construction and demolition, be a minimum height of 1.8m (or such alternative height as is approved in writing by the Responsible Authority), and be constructed to the satisfaction of the Responsible Authority. The gate or opening to the fence must be securely locked at all times when work has ceased on the site.
5. All basic services, including water, electricity, gas, sewerage and telephone must be installed underground and located to the satisfaction of the Responsible Authority.
6. The owner is responsible to meet the costs of all alterations to and reinstatement of, the Responsible Authority and other Public Authority Assets deemed necessary and required by such Authorities for the development. The owner is responsible for obtaining the prior specific written consent of the Council or other relevant Authority to such alterations and reinstatements and must comply with conditions required by the said Authority in relation to the execution of such works.

1. Provision must be made for a suitable structure or structures for receiving mail and newspapers. Such area must be kept clean and tidy. The structure must include separate provision for each unit to receive papers.
2. The dividing wall between dwellings must be constructed to limit noise transmission to the satisfaction of the Responsible Authority.
3. No television aerials other than shown on the endorsed plans referred to in Condition 1 of this permit are permitted to be erected so that they are visible from beyond the perimeter of the site.
4. Equipment, services and architectural features (other than those shown on the endorsed plan) must not be above the roof level of the building unless otherwise agreed to in writing by the Responsible Authority.
5. All service pipes (excluding downpipes) must be concealed on exposed elevations to the satisfaction of the Responsible Authority.

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

The Responsible Authority may extend the period in which to start the development if a request is made in writing before the permit expires or within six months afterwards.

The Responsible Authority may extend the period in which to complete the development if a request is made in writing before the permit expires or within 12 months afterwards and the development was lawfully started before the permit expired.

Construction of an apartment building containing not more than 51 dwellings and reduction in car parking required under Clause 52.06 of the Hobsons Bay planning Scheme generally in accordance with the endorsed plans.

1. Before the development starts, three copies of revised plans drawn to scale and dimensioned, 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 substantially in accordance with the advertised plans but modified to show to the satisfaction of the Responsible Authority:
   • (a) The provision of an additional 5 visitor bicycle parking spaces.
   • (b) The provision of not less than 3 cubic metres of external storage for each apartment.
   • (c) Swept paths submitted to ensure that vehicular access and egress will be convenient and safe for end bays/blind aisles, to the satisfaction of the Responsible Authority. All modifications required to be to the satisfaction of the Responsible Authority.
   • (d) All ninety-degree parking spaces excluding disabled bays with minimum dimensions of 2.6m by 4.9m with a minimum access aisle width of 6.4m.
   • (e) Car spaces adjacent to walls to be 2.6m wide.
   • (f) All support columns in the residential basements set back between 0.25m and 1.25m from the ends of the car spaces so as not to restrict manoeuvring or car door opening space.
   • (g) Ramp gradients and headroom clearance to comply with Australian Standards.
   • (h) Identification of parking spaces allocated to specific dwellings.
   • (i) The building wholly contained within the title boundaries and any building protrusions set inside the title boundary accordingly.
   • (j) All service pipes, (excluding downpipes) concealed on exposed elevations to the satisfaction of the Responsible Authority. Downpipes to be shown.
   • (k) Details of the design of mail boxes drawn to a scale of 1:50; mailboxes to be integrated into the overall entry/foyer design, to be visually unobtrusive and secure together with space for newspaper delivery.
   • (l) All common doorways throughout the building to have a minimum 'clear' opening of 850mm as per AS1482.2 11.5.
   • (m) All common corridors of residential apartments to be 1.5m wide (minimum) with localised widening wherever possible at the entries to doorways.
   • (n) A notation on the plans stating that all entrances/exits and internal doors are to be in accord with Australian Standard AS1428.1 7 Doorways, Doors and Circulation Space at Doorways.
   • (o) A notation on the plans that states the development will be constructed in accordance with the Australian Standard 1428 (2009) for Access and Mobility to the satisfaction of the Responsible Authority in so far as it relates to the main entry foyer area and common corridors.
   • (p) Utility meters shown in locations that are easily accessible and appropriately detailed to achieve a high quality appearance.
   • (q) Details showing how it is intended to improve the visibility of the stairs to encourage the use of stairs over elevators.
   • (r) Any air conditioner condenser units on the balconies screened from view.
   • (s) Screening of habitable room windows, balconies and terraces to avoid direct views into habitable room windows, balconies and terraces of any other dwelling within the development within a horizontal distance of 9 metres to the satisfaction of the Responsible Authority. Views to be measured within a 45 degree angle from the plane of the window or perimeter of the balcony or terrace and from a height of 1.7 metres above floor level. Screening techniques referred to in Clause 55.04-6 to be used as a guide. Screening requirements include diagonal overlooking via the light court between Lot 2 and Lot 3A and overlooking across the light court between Apartments 1.01 and 1.14, 2.01 and 2.14, and 3.01 and 3.14. Other overlooking opportunities between apartments to be addressed as per this condition.
   • (t) A schedule of all external materials and finishes. The schedule must show the materials, colour (including two colour samples) and finish of all external surfaces including walls, balconies, roof, fascias, window and door frames and paving (including car parking surfacing). All external window and door frames to be a wide-framed aluminium section and recessed into the surrounding wall.
   • (u) The proposed landscape treatment of the site including the location of all proposed species. Planting locations and type must be selected for durability, ease of maintenance, and to provide aesthetic quality.
   • (v) The positioning of all plant and equipment (including air conditioning units, heating units, hot water systems, etc) which is proposed to be located externally. Such plant and equipment must be positioned to prevent unreasonable noise and visual impact.
   • (w) Provision of any acoustic treatments required by Conditions 12 and 14.
   • (x) Provision of adequate waste storage areas in accordance with the approved Waste/Recycling Management Plan required by Condition 4 of this permit.
   • (y) Appropriate screening to the bedrooms of apartments 01 and 14 on level 1-3 inclusive.
   • (z) Car spaces numbered 14 and 27 adjacent to walls to be widened to at least 2.7 metres.
   • (aa) Operable doors to the freestanding storage spaces to be replaced with roller doors.
2. The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.
3. Once the development has started, it must be continued and completed to the satisfaction of the Responsible Authority.

1. Concurrently with the submission of amended plans in accordance with condition 1(x), a Waste/Recycling Management Plan must be submitted to and approved by the Responsible Authority. The Waste/Recycling Management Plan must be generally in accord with the Plan submitted with the application but modified as follows:
   • (a) A commitment not to collect rubbish on Councils' nominated rubbish collection day (currently Tuesday) so as not to conflict with Council's service.
   • (b) A commitment to have all residential waste collection occur from Waterline Place and for the collection vehicle to enter via Ann Street and exit via Kanowna Street (including the nomination of a designated collection point).
   • (c) Outline how waste will be transferred between the refuse room and Waterline Place.
   • (d) Resolve the inconsistency and ambiguity in the Waste Management Plan regarding bins left in public places. The Plan is to state that bins will not be left on public areas at any time.
   • (e) Compaction of refuse and the breaking up of bottles not occurring whilst the collection vehicle is standing stationary at or near the site.

The owner, occupier and Owners Corporation of the site must ensure that the Waste/Recycling Management Plan approved pursuant to this condition is complied with to the satisfaction of the Responsible Authority.

1. Concurrently with the submission of amended plans in accordance with Condition 1, a Construction Management Plan must be submitted to and approved by the Responsible Authority. Once approved, the Construction Management Plan must be complied with to the satisfaction of the Responsible Authority.
2. All activities associated with the construction of the development permitted by this permit must be carried out to the satisfaction of the Responsible Authority and all care must be taken to minimise the effect of such activities on the amenity of the locality.
3. Except with the written consent of the Responsible Authority construction or demolition works must only be carried out between: 7am - 6pm Monday to Friday and Saturday 8am - 6pm. No work is to be carried out on Sundays, ANZAC Day, Christmas Day or Good Friday.
4. The owner must ensure that dust suppression is undertaken in the form of constant water spraying or other natural based proprietary dust suppressant to ensure that dust caused by vehicles moving along the truck route and within the site does not cause a nuisance to surrounding properties to the satisfaction of the Responsible Authority. The development must not have an adverse impact on existing or future air quality.
5. Before any construction or demolition works commence on the site, a secure fence must be provided around the perimeter of the site to prevent access to the site from unauthorized persons. This fence must be maintained for the duration of the construction and demolition, be a minimum height of 1.8m (or such alternative height as is approved in writing by the Responsible Authority), and be constructed to the satisfaction of the Responsible Authority. The gate or opening to the fence must be securely locked at all times when work is not actually taking place on the site.

1. The architect of the plans submitted with the application, or an alternative suitably qualified person approved by the Responsible Authority must be appointed for the duration of the project and oversee the implementation of the buildings and works associated with this permit to ensure the project is delivered to a reasonable standard of quality. Details of who is to be appointed must be submitted to the Responsible Authority for approval prior to the commencement of buildings and works.
2. The owner must take all reasonable steps to ensure that disruption to bus operations along Ann Street and Nelson Place are kept to a minimum during the construction of the development. Foreseen disruptions to bus operations and mitigation measures must be communicated to the bus operator and Public Transport Victoria fourteen days (14) prior.

1. Prior to the submission of amended plans in accordance with Condition 1, an acoustic assessment and report must be prepared by a suitably qualified acoustic engineer (the Acoustic Report). The Acoustic Report must outline the nature of the assessments undertaken and must prescribe any mitigation measures or acoustic treatments required to protect the dwellings authorised by this permit from adverse noise impacts emanating from:
   • (a) Activities associated with the garbage chute and refuse room.
   • (b) Other apartments and neighbouring uses and travelling between or through the walls of the dwellings.
   • (c) Activities associated with the car parks generating noise which travels into the dwellings above, below and on the same floor level.

The report must be submitted to the Responsible Authority for approval.

1. Any acoustic treatments/structures shown on the endorsed plan must be maintained at all times to the satisfaction of the Responsible Authority

1. Each dwelling must be designed, constructed and maintained to ensure that it is protected from existing lawful industrial noise and existing lawful commercial noise so that lawful noise levels received at the dwelling comply with:
   • (a) the requirements of State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1 (SEPP N-1). Where the nature of the dwelling is such that it is not practical or reasonable to undertake an outdoor measurement of the industrial noise level, the measurement point for a noise sensitive area must be indoors in accordance with SEPP N-1 Schedule A1, 4. The indoor adjustment shall be in accordance with SEPP N-1; and
   • (b) an internal noise level of 45dB in accordance with relevant Australian Standard 2107 for acoustic control.

Pre-completion verification testing for dwellings

1. Prior to completion of the development, before external glazing and doors are installed, noise measurements must be conducted by a qualified acoustical consultant to verify the proposed construction will ensure that existing lawful industrial noise received at the dwellings are capable of complying with:
   • (a) the requirements of State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1 (SEPP N-1) in accordance with the above condition 14(a); and
   • (b) an internal noise level of 45dB in accordance with relevant Australian Standard 2107 for acoustic control.

1. If any additional remedial building treatment(s) or other work(s) are required to achieve compliance with the above acoustic requirements for dwellings, such details must be provided to the satisfaction of the responsible authority and when endorsed will form part of the permit.

Pre initial occupation verification testing for dwellings

1. After construction and prior to the occupation of any dwelling, pre initial occupation acoustic verification testing must be conducted by a qualified acoustical consultant. The testing must verify that the design and construction of the dwellings is sufficient to ensure that the dwellings are protected from existing lawful industrial noise so that lawful noise received at the dwellings complies with:
   • (a) the requirements of State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1 (SEPP N-1) in accordance with the above condition 14(a); and
   • (b) an internal noise level of 45dB in accordance with relevant Australian Standard 2107 for acoustic control.

General requirements for pre-completion and pre initial occupation verification testing and reporting for dwellings

1. The pre-completion and pre initial occupation verification testing for dwellings must be documented in reports respectively containing the relevant data, time of collection, assumptions, including allowances for ensuring representative noise emissions from the Williamstown Shipyard Site and other industrial noise, details of any required additional remedial building treatment or other works necessary to achieve the compliance, the accreditation certificate of the consultant, and the result of the testing. Each report must be submitted to the responsible authority, and must be to the satisfaction of the responsible authority.

1. All remedial building treatments or works designed to achieve compliance with the above acoustic requirements for dwellings must be maintained on the dwellings at all times to the satisfaction of the responsible authority.

1. Prior to the occupation of the buildings hereby permitted, landscaping works as shown on the endorsed plans must be completed and thereafter must be maintained to the satisfaction of the Responsible Authority.

1. Prior to the occupation of the development, the development must be constructed in accordance with the Sustainable Design Statement (identified as Sustainable Design Statement, Application No. PA1225060, Lot 3 31 Nelson Place Williamstown (Former Port Phillip Woollen Mill) for NP Development Pty Ltd Dated: 15 August 2012, prepared by Arc Resources), to the satisfaction of the Responsible Authority.

1. Prior to the commencement of the development approved under this permit, or any other date approved by the Responsible Authority, the owner must submit to the Responsible Authority:
   • (a) A Certificate of Environmental Audit in accordance with Section 53Y of the Environment Protection Act 1970; or
   • (b) A Statement of Environmental Audit (with or without conditions) in accordance with Section 53Z of the Environment Protection Act 1970 and must be conducted by an Environmental Auditor appointed under that Act. A statement must state that the site is suitable for the use and development allowed by this permit.
2. All conditions contained within the environmental audit must be complied with to the satisfaction of the Responsible Authority. Written confirmation that the audit requirements have been satisfied must be provided by a suitably qualified environmental professional or other suitable person acceptable to the Responsible Authority.
3. Where there are conditions on a statement of environmental audit that require ongoing maintenance and/or monitoring requirements, the owner must enter into an agreement pursuant to Section 173 of the Planning and Environment Act 1987. The Agreement must be registered on title prior to the commencement of the development or prior to any other date, event or construction phase approved by the Responsible Authority upon the request of the owner. The owner is responsible for all costs associated with the preparation and registration of the Agreement, including those incurred by the Responsible Authority.

1. Before the development starts, an integrated travel plan (including a Green Travel Plan) must be submitted to the Responsible Authority for approval. The plan must facilitate and promote the use of sustainable transport modes (walking, cycling, public transport) in preference to private vehicle use, particularly for local and work trips and must include at least one share car space within Nelson Place in association with Stage 1A of the development. The location of the share car space is to be to the satisfaction of the Responsible Authority. All costs associated with the construction, implementation and management of the car share vehicle are to be at the permit holder's expense. The space must be available for use prior to occupation of the dwellings hereby permitted or the dwellings approved in PA1225056, whichever is first occupied. When approved, the plan will form part of this permit. The plan must be implemented to the satisfaction of the Responsible Authority.

1. Prior to an Occupancy Permit being issued by the relevant Building Surveyor the Nelson Place public realm works, the construction and drainage of Waterline Place and the access Lane adjacent the site must be completed to the satisfaction of the Responsible Authority. This includes the construction of on street car parking spaces, lighting, landscaping and pavement works.

1. Prior to the occupation of the buildings hereby permitted, areas set aside for parked vehicles and access lanes as shown on the endorsed plans must to the satisfaction of the Responsible Authority be:
   • (a) Constructed.
   • (b) Properly formed to such levels that they can be used in accordance with the plans.
   • (c) Surfaced with an all-weather seal coat.
   • (d) Drained and maintained.
   • (e) Line-marked to indicate each car space and all access lanes. The direction of traffic along the access lanes and driveways must also be clearly marked.

Parking areas and access lanes must be kept available for these purposes at all times.

1. The car parking allocation as designated on the endorsed plan and referred to in Condition 1 must be complied with at all times and to the satisfaction of the Responsible Authority.

1. Prior to commencement of the development the owner must prepare stormwater drainage design plans to the satisfaction of the relevant Building Surveyor. An application to Council must be made for a Legal Point of Discharge for the disposal of stormwater from the subject land and to determine the relevant Council standards for the stormwater drainage system design. An on-site storm water detention system must be provided if the volume of stormwater exceeds the capacity of the legal point of discharge.
2. Any vehicle crossings must be constructed in the location shown on the endorsed plan to a standard satisfactory to the Responsible Authority. The relocation of any services including electricity poles, drainage pits, Telstra pits, fire hydrants and the like must be at the expense of the owner and approved by the appropriate authority prior to undertaking such works. Consent for such crossings must be obtained through Council's City Maintenance and Cleansing Department prior to construction.
3. The entire site must be connected to the existing underground drainage and sewerage systems to the satisfaction of the Responsible Authority.
4. The owner must meet the costs of all alterations to and reinstatement of, the Responsible Authority and other Public Authority Assets deemed necessary and required by such Authorities for the development. The owner must obtain the prior specific written consent of the Council or other relevant Authority to such alterations and reinstatements and must comply with conditions required by the said Authority in relation to the execution of such works.
5. All service pipes, (excluding downpipes), must be concealed on exposed elevations to the satisfaction of the Responsible Authority.
6. All basic services, including water, electricity, gas, sewerage and telephone must be installed underground and located to the satisfaction of the Responsible Authority.

1. Any security alarm or similar device installed must be of a silent type.
2. No television aerials other than shown on the endorsed plans referred to in Condition 1 of this permit are permitted to be erected so that they are visible from beyond the perimeter of the site.
3. Equipment, services and architectural features (other than those shown on the endorsed plan) must not be above the roof level of the building unless otherwise agreed to in writing by the Responsible Authority.

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

The Responsible Authority may extend the period in which to start the development if a request is made in writing before the permit expires or within six months afterwards.

The Responsible Authority may extend the period in which to complete the development if a request is made in writing before the permit expires or within 12 months afterwards and the development was lawfully started before the permit expired.

[1] The Telegraph Hotel building is used as a dwelling.

[3] These dimensions taken from section 3.3 of the 'design response' as dimensions are not specified on the ground floor plans.

[4] We note that the Former Port Phillip Woollen Mills Advisory Committee concluded that 'the subject site and the immediate area are in urgent need of urban renewal' (see page 63 Advisory Committee report)

[5] See Former Port Phillip Woollen Mills Advisory Committee Report, 10 May 2011, page 23.

[6] See Former Port Phillip Woollen Mills Advisory Committee Report, 10 May 2011, page 32

[7] Former Port Phillip Woollen Mills Advisory Committee report, page 144

[8] UK Health and Safety Executive - Planning Advice for Developments near Hazardous Installations (PADHI)

[10] National Trust of Australia (Vic) v Australian Temperance & General Mutual Life Assurance Society Ltd [1976] VicRp 60; (1976) VR 592

[11] (includes Summary Red Dot) [2012] VCAT 1184 at [16]

[12] September 2010, Annex Map 2: Gellibrand Tank Farm, Williamstown

[13] Former Port Phillip Woollen Mills Report of the Advisory Committee - 10 May 2011

[14] State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1 (SEPP N-1)

[15] Submission by C Challis - read by Ms Green

[16] Improved Housing Choices for Residents on Low Incomes (Affordable Housing) Policy Statement - adopted by Hobsons Bay city Council /02/11

[17] Nelson Place Village Stage 1A Social Impact Assessment - Urbis - September 2012

[19] (red dot) [2010] VCAT 1045

[20] Section 46L Planning and Environment Act 1987

[21] Curry v Melton SC (2000) 111LGERA 30; Cameron Manor Pty Ltd v Mornington Peninsula SC (Red Dot) [2007] VCAT 1822; Naprelac v Baw Baw SC (Red Dot) [2005] VCAT 956

[22] Cameron Manor Pty Ltd v Mornington Peninsula SC (Red Dot) [2007] VCAT 1822 at [24]

[23] Council Officer's Report to Special Planning Committee - 17 December 2012

[24] See Clause 21.05-3, objective 1, strategy 1.5 Port Phillip Planning Scheme

[25] Now know as the 'Titanic' theatre restaurant on the corner of Nelson Place and Kanowna Street

[26] Now used as a two storey dwelling on the corner of Ann Street and Aitken Street

[31] Exhibit PA 3: Heritage Report 'Oriental Hotel', June 2012

[32] See Figure 5, Evidence Report of Peter Lovell, June 2013, page 11

[33] See Exhibit PA 4: Extract from Panel report, Amendment C34, April 2004, page 51

[34] See Exhibit PA12: Report of Wallbridge and Gilbert, '55 Nelson Place, Williamstown', 13 October 2003

[35]Panel report, Amendment C34, April 2004, page 49

[36] Refer Exhibit PA21: Diagram by Mr Spano showing the section of external walls requiring demolition and reconstruction.

[38] [2009] VCAT 737

[39] [2002] VCAT 485

[40] This is shown in Figure 6 of Mr McGauran's evidence report

[41] Industrial buildings along Nelson Place have recently been demolished