For the reasons given above, the decision of the responsible authority is varied. A permit is granted subject to conditions.
[2]
Use of the land for a Child care centre
To construct a building and construct or carry out works
The display of business identification signage
Reduction of the standard car parking requirement
[3]
Prior to the development commencing, amended plans to the satisfaction of the Responsible Authority 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 generally in accordance with the plans prepared by Mt Martha Design and Drafting and marked Revision C (dated 29 march 2019) but modified to show:
(a) An amended car parking layout in accordance with the alternative parking layout set out at Appendix E to the evidence of Mr Willson, and which achieves the following:
Removal of the car parking spaces along the accessway, (the 'handle' component of the battle-axe shaped allotment) and relocation to tandem spaces within the body of the site. These 'rear' tandem spaces are to be marked for staff car parking;
Provision of a minimum 2.0 metre wide landscaping strip along the north-eastern side of the accessway;
Reduction of the width of the accessway to 5.5 metres;
Provision of a minimum 1200mm wide footpath along the north-western side of the accessway providing access to the site;
Removal of the 1.5 metre wide footpath along the rear of car parking spaces 7-14 inclusive (as numbered on the Revision C plans) and reallocation of this space to the establishment of a wider landscaped buffer along the boundary.
(b) A notation providing details of the acoustic boundary fencing, in accordance with Condition 5.
(c) A notation that the proposed new boundary fencing along the common boundary with the Drouin Primary School is optional, depending on discussions with the School.
(d) The location of any external lighting, which where possible should comprise of low level lighting that could not shine into the neighbouring dwellings.
Prior to development commencing, a storm water drainage strategy must be submitted to and approved by the Responsible Authority. When approved, the strategy will be endorsed and will then form part of the permit.
Prior to development commencing, detailed drainage plans including calculations prepared by a suitably qualified person 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:
(a) Show all drainage works required, including beyond the boundaries of the land.
(b) Provide a property connection for the development.
(c) Provide appropriate on-site storm water detention storage to limit the maximum discharge rate to 37 litres per second per hectare for storm events up to 10% AEP (10 year ARI).
(d) Provide storm water treatment which satisfies the objectives of "Best Practice Environmental Management Guidelines" (CSIRO 1999) to reduce or retain in total 80% of suspended solids, 45% phosphorus, 45% nitrogen; and 70% litter/gross pollutants larger than 5mm" to the satisfaction of the Responsible Authority.
Prior to the development commencing, a landscape plan prepared by a person suitably qualified or experienced in landscape design to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The landscape plan must show:
(a) Buildings and trees (including botanical names, trunk location, trunk diameter and canopy spread) on neighbouring properties within three metres of the boundary.
(b) Details of surface finishes of pathways and driveways.
(c) A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant.
(d) Landscaped areas must be planted with appropriate shrub and groundcover species capable of achieving a minimum density of at least 85% coverage 12 months after planting.
(e) All garden beds adjoining turf or gravel surfaces must have hard garden edging.
(f) All species selected must be to the satisfaction of the Responsible Authority. Landscaping must demonstrate the use of sustainable practices and if irrigation is to be provided it must not use potable water. Any planting within an easement must utilise species suitable for planting within easements and must have a natural growing height of no more than 2 metres. No tree species or other vegetation exceeding a natural growth height of 1.8 metres are to be planted along the south-west and north-west boundaries and all plantings along these boundaries must be maintained so as to not exceed 1.8 metres in height.
Prior to the use commencing, an acoustic fence with a maximum height of 1.8 metres must be erected along the length of the south west and north west site boundaries. The design and acoustic qualities of the fence must be prepared by a suitably qualified acoustic engineer and be to the satisfaction of the Responsible Authority.
Before the use commences or by such later date as is approved by the Responsible Authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority.
Prior to the use commencing, and unless otherwise agreed by Council, all drainage works shown on the drainage plans must be constructed in accordance with those plans to the satisfaction of the Responsible Authority.
Within 14 days of the completion of the works and prior to the use or occupation of the development, the Developer must request a Council inspection and obtain a Certificate of Practical Completion from Council for storm water detention and treatment works, internal roadways and parking and all works within the road reserve.
Prior to the issue of a Certificate of Practical Completion, all vehicular crossings and entrances to the land must be constructed or upgraded to the satisfaction of the Responsible Authority, in accordance with Council's Infrastructure Design Manual standard drawing for vehicular crossings.
Prior to the issue of a Certificate of Practical Completion, all car parking areas and internal roadways must be constructed with an all-weather sealed surface with a strength suitable to cater for all vehicles likely to enter the site, drained, line marked and thereafter maintained, all to the satisfaction of the Responsible Authority.
Prior to the issue of a Certificate of Practical Completion, the Developer must repair any damage to Council infrastructure as directed by the Responsible Authority which can reasonably be determined to have occurred as a result of the Developer's works unless such damage was identified by the Developer and reported to Council in writing prior to commencement of works.
The use and development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.
Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.
The use may operate only between the hours 7.00am to 6.00pm, Monday to Friday without the further written consent of the Responsible Authority.
Not more than 118 children may be present on the premises at any one time without the further written consent of the Responsible Authority.
The use and development, including construction activities, must be managed to the satisfaction of the Responsible Authority so that the amenity of the area is not detrimentally affected, through the:
(a) Transport of materials, goods or commodities to or from the land.
(b) Appearance of any building, works or materials.
The landscaping shown on the endorsed plans must be maintained in accordance with the endorsed plans to the satisfaction of the Responsible Authority. Areas shown on the endorsed plan as landscaped must not be used for any other purpose.
The owner must maintain and not modify the on-site storm water detention and treatment system without prior Council approval and must allow the system to be inspected by a duly appointed officer of the Council at mutually agreed times.
The capacity of the on-site stormwater detention and treatment system cannot be reduced and must be maintained to the satisfaction of the Responsible Authority.
The owner must bear all the costs associated with the operation, maintenance and Council inspection of the on-site storm water detention and treatment system.
No less than 24 car parking spaces must be provided on site, with the further written consent from the Responsible Authority.
Clear sight lines shall be provided for adequate visibility between vehicles leaving access driveways and pedestrians at the property lines in accordance with Australian Standards AS/NZ 2890.1:2004 S3.2.4 Fig3.3. Obstructions including letterboxes, meter boxes, front and boundary fencing, vegetation and the like must be restricted to a maximum height of 1 metre.
Line markings and signage must be provided in accordance with Australian Standards and to the satisfaction of the Responsible Authority.
The location and details of the sign, including those on the supporting structure, shown on the endorsed plans, must not be altered without the written consent of the Responsible Authority.
The sign must not contain any flashing light or electronic text to the satisfaction of the Responsible Authority.
The sign must not be illuminated by external or internal light except with the written consent of the Responsible Authority.
The sign must be constructed and maintained to the satisfaction of the Responsible Authority.
The approval contained on this permit for the signage shown on the endorsed plans expires 15 years from the date of this permit.
This permit as it relates to development (buildings and works) will expire if one of the following circumstances applies:
(a) The development is not started within two (2) years of the issue date of this permit.
(b) The development is not completed within four (4) years of the issue date of this permit.
[4]
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.
[5]
This permit as it relates to use will expire if the use does not commence within two (2) years after the issue date of this permit.
[6]
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 period referred to in this condition.
[7]
[1] The submissions and evidence of the parties, any supporting exhibits given at the hearing and the statements of grounds filed have all been considered in the determination of the proceeding. In accordance with the practice of the Tribunal, not all of this material will be cited or referred to in these reasons.