1. The use as shown on the endorsed plans must not be altered (unless the Yarra Planning Scheme specifies that a permit is not required) without the prior written consent of the responsible authority.

1. No more than thirteen (13) people are permitted to be housed on the land at any one time (including any manager/caretaker).
2. No more than one person may occupy one bedroom.
3. Car parking spaces are only permitted to be used by the occupants of the rooming house and must not be subdivided, on-sold or leased to any other person.
4. All common areas on the endorsed plans must be made available and accessible to a resident on a shared basis at all times.
5. The telephone number or numbers with 24 hour access to the operator/ manager of the residential building must be displayed on the front door entry so that any neighbouring residents can register a complaint or address any other matter arising from the use of the site.
6. At all times that the rooming house is occupied, there must be an identified person responsible for the operation and management of the premises.
7. Except with the prior written consent of the responsible authority, the occupation and use of the development is to comply with the following requirements:

(a) A copy of this permit must form part of any lease of the premises which the owner of the land under this permit may enter into with another party.

(b) The building will be maintained.

(c) The car spaces must not be subdivided, or sold, or leased separately from the resident housing.

1. Concurrent with the submission of amended plans pursuant to Condition 1, the operator of the rooming house must submit a Rooming House Management Plan must be submitted to and approved by the responsible authority. When approved, the Rooming House Management Plan will be endorsed and will form part of this planning permit. The management plan must include, but not be limited to, the following matters:

(a) Limitation on the maximum number of bedrooms and residents in the rooming house to thirteen (13) including any manager/caretaker.

(b) Details and management responsibilities of an on-site operator / manager / cartetaker.

(c) The premises must be managed by a single entity.

(d) Allocation and management of on-site car parking exclusively and efficiently for the residents, in a way that ensures it will be efficiently used by residents residing in the subject premises and shall not be leased, sold or used for any other purposes.

(e) Supervision of residents within the development including measures to limit noisy and anti-social behaviour and address any issues arising.

(f) Maintenance of the building and surrounds.

(g) Security of the building and surrounds.

(h) Management of communal spaces, including any areas to be set aside for smoking.

(i) Signage to be displayed on the building to provide 24-hour telephone contact numbers.

(j) The storage of garbage and recyclables and waste collection.

(k) Provision of a copy of the rooming house management plan clearly displayed in a prominent location within the rooming house for residents to clearly read.

(l) Critical incident management and emergency and evacuation procedures.

(m) Resolution process for disputes between residents.

(n) House rules regarding occupancy and behaviour of residents and visitors, and grievance procedures.

(o) Provision of information on community and education services, including health, counselling, and cultural services.

1. The provisions, recommendations and requirements of the endorsed Rooming house management plan must be implemented and complied with to the satisfaction of the responsible authority.

1. Concurrent with the submission of amended plans pursuant to Condition 1, an amended Waste Management Plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the amended Waste Management Plan will be endorsed and will form part of this permit. The amended Waste Management Plan must be generally in accordance with the Waste Management Plan prepared by John Chow and submitted 10 December 2024, but modified to include:

(a) Date and revision of the management plan.

(b) Types of waste generated and generation rates.

(c) Further details on waste storage area, being indicative location of all bins and hard waste.

(d) Details on waste collection and disposal.

(e) Details as to collection of other waste types, such as e-waste.

1. The provisions, recommendations and requirements of the endorsed Waste Management Plan must be implemented and complied with to the satisfaction of the responsible authority.

1. The use must at all times comply with the noise limits specified in the Environment Protection Regulations under the Environment Protection Act 2017 (Vic) and the Noise limit and assessment protocol for the control of noise from commercial, industrial and trade premises, and entertainment venues, Publication 1826.5, Environment Protection Authority, September 2025 ('Noise Protocol'), as may be amended from time to time.
2. The amenity of the area must not be detrimentally affected by the use, including through:

(a) the transport of materials, goods or commodities to or from land;

(b) the appearance of any buildings, works or materials;

(c) the emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or

(d) the presence of vermin,

1. Emptying of bottles and cans into bins may only occur between 7am and 10pm on Monday to Saturday or between 9am and 10pm on a Sunday or public holiday.
2. Acoustic treatments are used with the internal fit out including, where appropriate, glazing and insulation to minimise noise impacts on residents from internal and external noise sources to the satisfaction of the responsible authority.

Compliance with documents approved under this permit

1. At all times what the permit allows must be carried out in accordance with the requirements of any document approved under this permit to the satisfaction of the responsible authority.

1. This permit as it relates to use will expire if the use does not start within two (2) years after the issued date of this permit.

In accordance with Section 69 of the Planning and Environment Act 1987 (Vic), an application may be submitted to the responsible authority for an extension of the period referred to in this condition

[1] The submissions 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.

[2] Chritine Maynard did not appear at the hearing, however, Ms Neven read out her written submission. Also, I have taken into consideration statement of grounds from Melanie Smith on behalf of E and E Bruehl who were a non-party to the proceeding.

[3] This includes, amongst others, the Building Regulations 2018 (Vic), Residential Tenancies Act 1997 (Vic), the Residential Tenancies (Rooming House Standards) Regulations 2023 (Vic), the Public Health and Wellbeing Act 2008 (Vic) and the Public Health and Wellbeing (Prescribed Accommodation) Regulations 2020 (Vic).

[4] These conditions relate to any frontage at ground floor level must not exceed 2 metres and the requirements of Clause 52.23-2 must be met.