1. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason without the prior written consent of the responsible authority, unless the Port Phillip Planning Scheme exempts the need for a permit.

1. All external materials, finishes and colours as shown on the endorsed plans must not be altered without the written consent of the responsible authority.

1. Once the development has started it must be continued and completed to the satisfaction of the responsible authority.

1. Before plans are endorsed pursuant to condition 1 of this permit, a Sustainable Design Statement that outlines proposed sustainable design initiatives must be submitted to, be to the satisfaction of and be approved by the responsible authority. When approved, the Sustainable Design Statement will be endorsed and will then form part of the permit.

Implementation of Sustainable Design Initiatives

1. Before the occupation of the development approved under this permit, a report from the author of the Sustainable Design Statement approved pursuant to this permit, or similarly qualified person or company, must be submitted to the satisfaction of the Responsible Authority. The report must confirm that all measures and recommendations specified in the Ecologically Sustainable Design report have been implemented and/or incorporated in accordance with the approved report to the satisfaction of the Responsible Authority.

Incorporation of Sustainable Design initiatives

1. The project must incorporate the sustainable design initiatives listed in the endorsed Sustainable Design Statement to the satisfaction of the Responsible Authority.

1. Before the development starts (other than demolition or works to remediate contaminated land) a Water Sensitive Urban Design Report that outlines proposed water sensitive urban design initiatives must be submitted to, be to the satisfaction of and approved by the Responsible Authority. The report must demonstrate how the development meets the water quality performance objectives as set out in the Urban Stormwater Best Practice Environmental Management Guidelines (CSIRO) or as amended.
2. When approved, the Report will be endorsed and will then form part of the permit and the project must incorporate the sustainable design initiatives listed.

Incorporation of Water Sensitive Urban Design initiatives

1. Before the occupation of the development approved under this permit, the project must incorporate the water sensitive urban design initiatives listed in the endorsed Water Sensitive Urban Design Report to the satisfaction of the Responsible Authority, and thereafter maintained to the satisfaction of the Responsible Authority.

Maintenance Manual for Water Sensitive Urban Design Initiatives

1. Before the development starts (other than demolition or works to remediate contaminated land) a Maintenance Manual for Water Sensitive Urban Design Initiatives must be submitted to and approved by the Responsible Authority.
2. The manual must set out future operational and maintenance arrangements for all WSUD (stormwater management) measures. The program must include, but is not limited to:
   • inspection frequency
   • cleanout procedures
   • as installed design details/diagrams including a sketch of how the system operates

The WSUD Maintenance Manual may form part of a broader Maintenance Program that covers other aspects of maintenance such as a Builder' User's Guide or a Building Maintenance Guide.

Landscape Plan

1. Prior to the commencement of the development hereby permitted, a landscape plan and schedule must be submitted to and approved by and be to the satisfaction of the Responsible Authority and endorsed under this permit in accordance with condition 1 of this permit. The plan must include details of all landscaping at ground level including canopy tree planting along the Kings Way frontage and for above ground levels, including details of the design, watering systems, drainage and maintenance of balcony landscaping. When approved the plan will be endorsed and will then form part of the permit. Landscaping in accordance with such approved plan and schedule must be completed before the commencement of the occupation of the building hereby permitted.

1. Maintenance of the proposed upper level landscaping on the balconies will be the responsibility of the Owners Corporation to ensure consistent maintenance and matching themes for the landscaping into the future.

1. Before the development starts (other than demolition or works to remediate contaminated land), a Waste Management Plan based on the draft "Best Practice Guidelines for Kerbside Recycling at Multi-Occupancy Residential Developments (Sustainability Victoria June 2006) must be prepared by a Waste Management Engineer or Waste Management Planner to the satisfaction of the Responsible Authority and endorsed as part of this permit. The Plan must include reference to the following:
   • (a) Collection to occur on-site.
   • (b) The estimated garbage and recycling generation volumes for the whole development.
   • (c) The garbage and recycling equipment to be used and the collection service requirements, including the frequency of collection.
   • (d) The location of, proximity, screening of and space allocated both to the garbage and recycling storage areas and collection points.
   • (e) The path of access for both users and collection vehicles.
   • (f) How noise, odour and litter will be managed and minimised.
   • (g) Approved facilities for washing bins and storage areas.
   • (h) Who is responsible for each stage of the waste management process.
   • (i) How tenants and residents will be regularly informed of the waste management arrangements.

Once submitted and approved, the waste management plan must be carried out to the satisfaction of the Responsible Authority

Melbourne Water Conditions:

1. Finished floor levels for the dwelling (specifically Type 1, Type 1A and Type 4 - as shown on plans) must be constructed to a minimum height of 3.0m to Australian Height Datum (ADH), except for the entries for Type 1 and 1A dwellings being set at 2.85 metres to AHD. The applicable 1% ARI flood level is 2.2m to AHD and the site is also identified as subject to future Sea Level Rise.
2. The entry/exit ramp to the car park must include a section of ramp set no lower than 2.5 metres to AHD.
3. Finished floor levels for substation must be constructed to a minimum height of 2.5m to AHD.

1. Before the development starts, details of the bicycle parking system must be submitted to and approved by the Responsible Authority. Upon approval the details will be endorsed as part of the planning permit and the project must incorporate the system nominated. The bicycle parking system must accord with either Clause 52.34-4 of the Port Phillip Planning Scheme (Design of bicycle spaces) or the design specifications of the manufacturer.

1. Before the use or occupation of the development starts, the area(s) set aside for the parking of vehicles and bicycles and access lanes as shown on the endorsed plans must be:
   • (a) Constructed;
   • (b) Properly formed to such levels that may be used in accordance with the plans;
   • (c) Surfaced with an all weather surface or seal coat (as appropriate);
   • (d) Drained and maintained;
   • (e) Line marked to indicate each space and/or access lane;

All to the satisfaction of the Responsible Authority.

Parking Areas Must Be Available

1. Car and bicycle parking areas must be developed and kept available for those purposes at all times and must not be used for any other purpose such as storage to the satisfaction of the Responsible Authority.

1. Without the further written consent of the responsible authority, the car parking allocation required for the approved development and any subsequent Plan of Subdivision must be as follows:
   • Not less than one car space to each two bedroom dwelling and one three bedroom dwelling,
   • Not less than two car spaces to six of the remaining three bedroom dwellings.

1. Before the occupation of the development allowed by this permit, vehicle crossings must be constructed in accordance with Council's current Vehicle Crossing Guidelines and standard drawings to the satisfaction of the Responsible Authority. All redundant crossings must be removed and the footpath, naturestrip, kerb and road reinstated as necessary at the cost of the applicant/owner and to the satisfaction of the Responsible Authority.

1. Before the occupation of the development allowed by this permit, the applicant/owner must do the following things to the satisfaction of the Responsible Authority:
   • (a) Pay the costs of all alterations/reinstatement of Council and Public Authority assets necessary and required by such Authorities for the development.
   • (b) Obtain the prior written approval of the Council or other relevant Authority for such alterations/reinstatement.
   • (c) Comply with conditions (if any) required by the Council or other relevant Authorities in respect of alterations/reinstatement.

1. Privacy screens as required in accordance with the requirements of condition 1(b) and the endorsed plans must be installed prior to occupation of the building to the satisfaction of the Responsible Authority and maintained thereafter to the satisfaction of the Responsible Authority.

1. All piping and ducting (excluding down pipes, guttering and rainwater heads) must be concealed to the satisfaction of the Responsible Authority.

1. All lighting of external areas must be suitably baffled so as not to cause nuisance or annoyance to nearby residential properties to the satisfaction of the Responsible Authority.

1. Any plant, equipment or domestic services visible from the primary street frontage (other than a lane) or public park must be located and visually screened to the satisfaction of the Responsible Authority.

1. Before the occupation of the development allowed by this permit, an amended urban art plan in accordance with Council's Urban Art Strategy must be submitted to, and approved by and to the satisfaction of the Responsible Authority. Urban art in accordance with the approved plan must be installed prior to the occupation of the building to the satisfaction of the Responsible Authority.

1. Without the further written consent of the Responsible Authority, no more than 15 dwellings may be constructed on the land.

1. Before the development starts (other than demolition or works to remediate contaminated land) a Water Sensitive Urban Design Response must be submitted to and approved by the Responsible Authority. The Response must:
   • (a) Set out proposed stormwater treatment measures for the development and how they would meet the relevant Policy objectives of Clause 22.12 Stormwater Management (Water Sensitive Urban Design) of the Planning Scheme;
   • (b) Include justification for how the development meets the objectives of Clause 22.12 if the water quality performance objectives set out in the Urban Stormwater Best Practice Environmental Management Guidelines, CSIRO 1999 (or as amended) are not met.

Upon approval the Response will be endorsed as part of the planning permit and the project must incorporate the Water Sensitive Design initiatives listed.

Incorporation of Water Sensitive Urban Design initiatives

1. Prior to the occupation of the building(s) allowed by this permit, the project must incorporate the water sensitive design initiatives listed in the endorsed Water Sensitive Urban Design Response.

Site Management Water Sensitive Urban Design

1. The developer must ensure that:
   • (a) No water containing oil, foam, grease, scum or litter will be discharged to the stormwater drainage system from the site;
   • (b) All stored wastes are kept in designated areas or covered containers that prevent escape into the stormwater system;
   • (c) The amount of mud, dirt, sand, soil, clay or stones deposited by vehicles on the abutting roads is minimised when vehicles are leaving the site.
   • (d) No mud, dirt, sand, soil, clay or stones are washed into, or are allowed to enter the stormwater drainage system;
   • (e) The site is developed and managed to minimise the risks of stormwater pollution through the contamination of run-off by chemicals, sediments, animal wastes or gross pollutants in accordance with currently accepted best practice.

1. Before the building allowed by this permit is occupied, the applicant/owner must ensure that external noise intrusion into apartment bedroom and living areas (upon completion; with furnishing within the spaces and with windows and doors closed) and measured in accordance with AS/NZS2107/2000 Acoustics -
2. Recommended Design Sound levels and Reverberation Times for Building Interior shall comply with the following:
   • (i) Between 10pm and 7am in bedrooms areas must not exceed LAeq (9 hour) 40dB(A);
   • (ii) Between 7am and 10pm in living rooms must not exceed LAeq (15 hour) 45dB(A).

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

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

[1] Section 4(2)(d) of the Victorian Civil & Administrative Tribunal Act 1998 states a failure to make a decision is deemed to be a decision to refuse to make the decision.

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

[3] Plan Melbourne: Metropolitan Planning Strategy (Department of Transport, Planning and Local Infrastructure, 2014).

[4] We note that the Parties all referred to a different maximum height (depending on what plan and where the height was read). We have adopted 13.65 metres for the purpose of this decision as referred to by Mr Sheppard.