1. A survey plan of the subject land prepared by a licensed land surveyor showing the location of existing boundary fences and any other relevant land features in relation to the title boundaries. Any discrepancies between the plans submitted for endorsement and the survey plan must be rectified.
2. A schedule of external materials and finishes. The schedule must show the materials, colour (including two sets of colour samples) and finish of all external walls, roof, fascias, window frames and paving (including car parking surfacing).

1. The proposed landscaping treatment of the site including the location of all existing and proposed species as well as the location of any trees to be removed. An emphasis must be placed on maximising the use of drought tolerant species. The landscape plan must provide for the planting of:

- a minimum four canopy trees within the Hammer Street front setback with a minimum pot size of 40L.

- a minimum of four canopy trees adjacent to the eastern boundary with a minimum pot size of 40L.

- suitable landscaping adjacent to the western side of the proposed driveway which is of a type which will not impact on the footings of the existing church building.

- provision of landscaping along the eastern side of the proposed driveway.

1. Nomination of a Tree Protection Zone for the existing street trees in Hammer Street and Cecil Street in accordance with Condition 5 of this permit.
2. Nomination of a Tree Protection Zone for the Oak Tree on the eastern boundary.
3. Confirmation on the plans as to how the proposal accords with the Australian Design Standards for Disabled Access (AS1428.2-I 992). A disabled access ramp must be provided at the front and rear entry.
4. Bollard security lighting to the rear car park to prevent any adverse affect on adjoining land.
5. Provision of an acoustic fence to the western (82 Hammer Street) and eastern boundary (68 Hammer St and 52 Thompson Street), including acoustically treated gates to the at the full cost of the owner. The acoustic fence must be a minimum of 2 metres in height, constructed of timber or other suitable material and designed by an appropriately qualified acoustic engineer.
6. Provision of double glazing to all windows to minimise any noise impact to the adjoining neighbours.
7. A Sustainable Design Assessment, detailing sustainable design initiatives to be incorporated into the development must be submitted to, and approved in writing by the Responsible Authority. The Sustainable Design Assessment must outline proposed sustainable design initiatives within the development such as (but not limited to) energy efficiency, water conservation, storm water quality, waste management, material selection and greenhouse emissions. Upon approval the Sustainable Design Assessment must be incorporated into the development.
8. The repair and restoration of the wrought iron fence at the Hammer Street frontage detailed and specified by a qualified Heritage Architect and the works supervised by the same Heritage Architect.

1. The existing corrugated steel fence at the Hammer Street frontage replaced with an open style fencing. The height of the new fence must match the height of the existing fence.

1. Elevation details of the proposed shade sail structure to the north of the proposed building.
2. Details of any advertising signs including size, colours, wording and location.
3. The southern elevation altered to provide 1 to 2 proportions (horizontal to vertical) for the doors and windows with solid form (walls) in between and the proposed toilet door removed. The spacing of the openings must reflect the Victorian facades of nearby dwellings.
4. A structural engineering report which provides an analysis of the potential impact of the proposed driveway on the existing bluestone church building and any measures which are necessary to protect the existing building. The plans must be revised to incorporate any relevant recommendations of the report.
5. The proposed driveway relocated 3.0m to the east (away from the existing church building) and 2.0m from the side boundary with 83 Cecil Street. The vehicle access point must be retained as proposed. This will require the consequent redesign of the connection to the car park. The oak tree on the eastern boundary must be retained.
6. The provision of a minimum of one bicycle rail at the Hammer Street frontage of the site and the provision of a minimum of one bicycle rail at the rear of the site for staff.
7. Written notation included on the plans which states that no vehicle access is permitted from the laneway adjoining Thompson Street during the hours of operation of the child care centre.
8. The existing redundant vehicle crossing facing Cecil Street removed and the footpath, kerb and channel reinstated and made good by the Responsible Authority at the full cost of the owner.
9. Waste disposal management plan which includes measures for the provision for recycling of materials and disposal of waste. The location of a suitable area for bin storage must be nominated on the plans. Bin storage must not occur in the Eastern boundary setback.

1. Redesign of the car parking area to accommodate 16 car spaces.

1. Redesign of the car parking area to allow the turning bay to be used to access overflow/informal car parking for the Church.

1. Identification of a pedestrian access gate at the frontage of the site to Cecil Street and a pedestrian route to the child care centre from Cecil Street.

1. The relocation of the entrance to the centre from the car park off the eastern boundary to the west by a minimum of 11 metres.
2. The demolition of the bluestone monument at the site frontage to Cecil Street and its relocation on site.

1. The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.
2. Prior to the endorsed plans being made available a bank guarantee or bond of $2500 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.
3. Prior to the occupation of the building 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.
4. Prior to commencement of works, the following provisions relating to the protection of the existing street trees and the oak tree on the eastern boundary must be undertaken to the satisfaction of the Responsible Authority:
   1. A suitable Tree Protection Zone of 2 metre radius with barrier fence must be established around the street trees on the Hammer Street frontage and the Cecil Street frontage and the Oak Tree on the eastern boundary.
   2. The Tree Protection Zone must be enclosed using a 2 metre high temporary cyclone fence or similar, which must remain in place through all stages of the development unless otherwise agreed to by the responsible Authority. 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'.
   3. The area within the Tree Protection Zone must not be disturbed by any means including parking of vehicles or storage of plant & equipment, materials, soil or waste.
   4. 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.
5. Prior to the occupation of the building hereby permitted, the owner at their full cost must install and afterwards maintain an acoustic fence on the western (82 Hammer St) and eastern (68 Hammer St, laneway gates and 52 Thompson Street) property boundaries. The fences/gates must be constructed of timber or other approved material and designed by an appropriately qualified acoustic engineer to the satisfaction of the Responsible Authority. This requirement is subject to the agreement of the owners of the relevant properties (68 Hammer Street, 52 Thompson Street & 82 Hammer Street).
6. Prior to the occupation of the building hereby permitted, the owner at their full cost must repair and restore the wrought iron fence at the Hammer Street frontage under the supervision of a qualified Heritage Architect and to the satisfaction of the Responsible Authority.
7. Prior to the occupation of the building hereby permitted, the owner at their full cost must submit an archaeological survey of the footings of the former church manse on the site from a suitably qualified heritage consultant to the satisfaction of the Responsible Authority.
8. Prior to the occupation of the building hereby permitted, all redundant vehicle crossovers must be removed and the footpath, kerb and channel reinstated and made good to the satisfaction of the Responsible Authority at the full cost of the owner.
9. Prior to the commencement of works, the owner must submit a structural engineering report which provides an analysis of the potential impact to the existing bluestone church building and any measures which are necessary to protect the existing building to the satisfaction of the Responsible Authority.
10. The site must be kept in an ordered and tidy state and its appearance must not prejudicially affect the amenity of the area.
11. External lighting in the car park area must be designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on adjoining land.
12. Except with the written consent of the Responsible Authority the use must only operate between the hours of 7.00am to 6.30pm Monday to Friday.
13. Except with the written consent of the Responsible Authority a maximum of 79 children and 14 staff may be accommodated on the premises at any one time.
14. All service pipes. (excluding downpipes), fixtures and fittings must be concealed on exposed elevations to the satisfaction of the Responsible Authority.
15. 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.
16. Before the occupation of the building 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:

1. Constructed. 2. Properly formed to such levels that they can be used in accordance with the plans.

1. Surfaced with an all-weather seal coat (on-site car parking for drop off/pick up).

1. Surfaced with stabilised crushed rock (on-street car parking area on the road verge facing Hammer Street). 2. Drained and maintained. 3. Line marked to indicate each car space and all access lanes.

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

1. The car parking spaces within the road verge facing Hanmer Street must not be used for dropping off and picking up of children.
2. No vehicle access is permitted from the laneway adjoining Thompson Street during the hours of operation of the child care centre and the gates must be kept closed at all times.
3. All basic services, including water, electricity, gas, sewerage and telephone must be installed underground and located to the satisfaction of the Responsible Authority.
4. Before any construction 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 being undertaken on the land.
5. 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.
6. 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.
7. Building entrances must be constructed in accordance with Australian Standards 148.2-1992 - Design Rule for Access by the Disabled.
8. All vehicular movements to and from the site must be made in a forward direction.
9. If the nature strip or bluestone kerb is damaged during construction of the development approved or during the construction of any services, it must be reinstated and made good, including the planting of grass at the cost of the owner to the satisfaction of the Responsible Authority.
10. This permit will expire if one of the following circumstances applies:

1. The development is not started within two years of the date of this permit. 2. The development is not completed within four years of the date of this permit.

1. The use is not commenced within four years of the date of this permit.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within three months afterwards.

[1] I have considered all submissions, evidence and accompanying material, assisted by my inspection. I do not recite all of the material presented as all documentation is retained on the Tribunal's file.

[2] 1996/38819 K & B Reichert v Banyule CC

[3] In the previous decision a car park at the rear was proposed for staff parking only, accessed via an existing laneway.

[4] Sheahan & Ors v Hobsons Bay CC [2010] VCAT 64

[5] Sheahan & Ors v Hobsons Bay CC [2010] VCAT 64