(i) The use of an On-site Stormwater Detention (OSD) system;

(ii) The outfall drainage works necessary to connect the subject site to the Council nominated Legal Point of Discharge;

Please note the Engineering plans must show all protected and/or retained trees on the development site, on adjoining properties where tree canopies encroach the development site and along proposed outfall drainage and roadway alignments (where applicable) and every effort must be made to locate services away from the canopy drip line of trees and where unavoidable, details of hand work or trenchless installation must be provided.

(k) The Tree Preservation Fencing in accordance with Condition 10 of this permit;

(l) Landscape and tree zones to be clearly marked with hatching, colour coding or similar and distinguished from useable open space areas;

(m) A schedule of external building materials and colours, including details of cladding and roofing materials; the schedule should be presented on a separate sheet and must include colour samples.

(n) The provision of a rainwater storage tank for each of the dwellings including its location, sizing and a notation of the connections and end use.

(o) The location of external clothes lines and letter boxes.

(p) All sustainable design features indicated in the submitted Sustainable Design Assessment (SDA)/Sustainable Management Plan (SMP). Where sustainable design features outlined in the SDA/SMP cannot be visually shown, include a notes table providing details of the requirements (i.e. energy and water efficiency ratings for heating/cooling systems and plumbing fittings and fixtures, etc)

1. The development permitted by this permit must not be commenced until a revised landscaping plan is submitted to and approved by the responsible authority. Such plan must be generally in accordance with the plan submitted for VCAT but modified to show:
   • (a) The Spotted Gum (Corymbia maculata) in the front setback replaced with either a Yellow Box (Eucalyptus melliodora) or a Smooth Barked Apple (Angophora costata) species.
   • (b) The proposed Ruby Lace and Little Spotty tree species on the eastern boundary of the site in the vicinity of the dwelling on number 16 Anderson Street are to be replaced with suitable heating plants of an evergreen variety.
   • (c) Tree 12, the Algerian Oak is to be suitably crowned pruned by a qualified arborist to remove deadwood and to improve its shape and long-term life following the removal of the Golden Elm to its immediate west.
2. The development as shown on the endorsed plans or described in the endorsed documents must not be altered or modified except with the written consent of the responsible authority.

1. Areas set aside for the parking of vehicles together with the aisles and access lanes must be properly formed to such levels that they can be utilised in accordance with the endorsed plans and must be drained and provided with an all-weather seal coat. The areas must be constructed, drained and maintained in a continuously useable condition to the satisfaction of the responsible authority.
2. Areas set aside for the parking and movement of vehicles as shown on the endorsed plan(s) must be made available for such use and must not be used for any other purpose.
3. Vehicular access or egress to the subject land from any roadway or service lane must be by way of a vehicle crossing constructed in accordance with Council's Vehicle Crossing Specifications to suit the proposed driveway(s) and the vehicles that will use the crossing(s). The location, design and construction of the vehicle crossing(s) must be approved by the responsible authority. Any existing unused crossing(s) must be removed and replaced with concrete kerb, channel and naturestrip to the satisfaction of the Council prior to occupation of the building. All vehicle crossing works are to be carried out with Council Supervision under a Memorandum of Consent for Works which must be obtained prior to commencement of works.

1. Unless otherwise agreed in writing by the responsible authority, the landscaping areas shown on the endorsed plans must be used for landscaping and no other purpose and any landscaping must be maintained to the satisfaction of the responsible authority, including that any dead, diseased or damaged plants are to be replaced.
2. Except with the further written consent of the responsible authority, no vegetation (other than that indicated on the endorsed plan, or exempt from planning permission under the provisions of the Banyule Planning Scheme) shall be damaged, removed, destroyed or lopped.
3. Where decking is proposed within the TPZ of any retained tree, any and all excavations for posts must be undertaken by hand under the supervision of the project arborist, and final post locations must be set away from structural roots. Furthermore, the decking must be constructed using the minimum number of piers necessary, and so that gaps between boards are no more or less than 6mm in width.
4. Unless otherwise agreed in writing by the responsible authority, prior to the commencement of works (including demolition) on the site Tree Preservation Zones must be established around Trees #3, #4, #12, and #13. You must contact Council's Development Planning Arborist on 9457 9808 once the Tree Preservation Fencing is erected so that an inspection of the fencing can be carried out. Once installed and inspected the Tree Preservation Zones must be maintained until the conclusion of works to the satisfaction of the responsible authority, and must meet the following requirements:
   • (a) Extent

Tree Preservation Zones are to be provided to the extent of the calculated Tree Protection Zone (TPZ) where it occurs within the subject property. The fencing can be realigned and suitable ground protection provided to allow the approved construction therein only to the satisfaction of the project arborist and only when approved by the responsible authority.

(b) Management of works

• (i) A suitably qualified arborist must supervise or undertake all approved activity within the calculated TPZ of a retained tree. Any root severance within the TPZ must be undertaken to their satisfaction using a clean sharp and sterilised pruning saw. There must be no root pruning within the SRZ unless consent is received in writing by the responsible authority, and there must be no root pruning within the TPZ for works other than those endorsed by the responsible authority.

• (ii) All and any excavations within the TPZ of retained trees must be undertaken by hand or by approved non-destructive techniques suitable in the vicinity of trees, and must only be undertaken by, or directed and supervised by, a suitably qualified arborist for endorsed works or for works subsequently approved by the responsible authority.

(c) Weed control

Any weeds located within the Tree Preservation Zone are to be removed and the area mulched with 100mm of composted coarse grade woodchips

(d) Fencing

• (i) Protective fencing must consist of chain wire mesh panels held in place with concrete feet. Fencing must comply with Australian Standard AS 4687-2007 Temporary fencing and hoardings.

• (ii) The fences must not be removed or relocated without the prior consent of the responsible authority.

(e) Signage

Fixed signs are to be provided on all visible sides of the Tree Preservation Fencing, stating "Tree Preservation Zone - No entry without permission from the City of Banyule".

The area must be irrigated during the summer months with 10 litres of clean water for every 1 cm of trunk girth measured at the soil / trunk interface on a monthly basis during summer (or a percentage thereof equivalent to the percentage of TPZ area occurring within the subject site).

(g) Access to Tree Preservation Zone

• (i) No persons, vehicles or machinery are to enter the Vegetation Protection Zone except with the consent of the responsible authority;

• (ii) No fuel, oil dumps or chemicals are allowed to be used or stored within the Vegetation Preservation Zone and the servicing and re-fuelling of equipment and vehicles must be carried out away from the root zones;

• (iii) No storage of material, equipment or temporary building is to take place within the Vegetation Preservation Zone;

• (iv) Nothing whatsoever, including temporary services wires, nails, screws or any other fixing device, is to be attached to any tree.

(h) Underground Services

Any underground service installations transecting a Tree Protection Zone of any retained tree must be bored beneath the entire TPZ to a depth of at least 600mm. Any excavation within the calculated TPZ of a retained tree required for the connection of services must be:

(i) Undertaken after written approval is received from the responsible authority; and,

(ii) Undertaken by hand or by approved non-destructive techniques suitable in the vicinity of trees under the supervision of the project arborist.

1. 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.

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

[2] 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.