(a) be prepared to the satisfaction of the responsible authority

(b) be drawn to scale with dimensions

(c) submitted in electronic form

(d) be generally in accordance with the plans forming part of the application and identified as SANDS Building Design Planning Issue Revision A JN 21781 3 April 2024 (Drawings A1,A2,A2a, A2b, and A3-A9 inclusive), but amended to show the following details:

1. Location of any reticulated services (drainage, sewerage, water, gas, and power):

(1) If any services are oriented parallel to the boundary within 5 metres of the Dargo Street boundary, then the proposed retaining wall must be contained within the property boundary; or

(2) If no services are oriented parallel to the boundary within 5 metres of the Dargo Street boundary, provide for a retaining wall no more than 0.5 metres encroaching into the Dargo Street road reserve, and reducing extent of site cut and protrusion of driveway as a consequential change;

1. Not add any additional services above the roofline of each level, aside from a television antennae, which must be shown on the plans.
2. A landscape plan nominating native replanting in accordance with the objectives of Design and Development Overlay Schedule 13, with maximum height of vegetation not to exceed the roof line of the dwelling adjacent to the planting area; and,
3. Final rainwater tank location.

1. The layout of the development must not be altered from the layout on the approved and endorsed plans without the written consent of the responsible authority.
2. At all times vegetation on the land must be maintained to be no taller than the nearest peak roof height of the dwelling on the land to the satisfaction of the responsible authority.

1. The recommendations of the Geotechnical Risk Assessment Waiver Report provided by Simon Anderson Consultants Pty Ltd, Job number 438186, dated 27 September 2023, are to be followed, as specified.
2. Before the dwelling is occupied, all stormwater runoff from the roofed and paved areas must be discharged by an underground drainage system connected to an approved point of discharge to the satisfaction of the Responsible Authority. Stormwater runoff from the roofed area, where practical, must be discharged first via the proposed rainwater tank plumbed for toilet flushing to the satisfaction of the responsible authority
3. Before the dwelling is occupied, any portion of the Council's existing infrastructure damaged as a result of work undertaken on the site or associated with the development must be repaired/reinstated to the satisfaction of the Responsible Authority.
4. Before the building is occupied, a concrete crossover must be constructed to suit the proposed concrete driveway, in accordance with an approved design, to the satisfaction of the Responsible Authority.

1. Any new dwelling allowed by this permit must not be connected to a reticulated gas service (within the meaning of clause 53.03 of the relevant planning scheme). This condition continues to have force and effect after the development authorised by this permit has been completed.

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 issued date of this permit.

(b) The development is not completed within four (4) years of 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 periods referred to in this condition

[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.

[2] The 'upper level' of the dwelling at 23 View Street is actually the ground level as one enters from the street (from the street the dwelling at 23 View Street appears to be single storey in height), but becomes an upper level at the rear of the dwelling due to the slope of the land, with the existence of a part lower level below the rear component of the ground floor of the dwelling.

[3] The 'lower level' of the dwelling at 23 View Street emerges below the ground level towards the rear of the site due to the slope of the land.

[4] I am of average height for a male, unfortunately just under 6 foot tall.

[5] As noted earlier in these reasons, the parties agreed to confine the matters in dispute to a question of whether the proposed dwelling provides for a reasonable sharing of views from two nearby existing dwellings. However, even if the broader considerations under DDO13 were before me, for the reasons set out above relating to the overall height of the dwelling and the extent of cut proposed for the review site, I find that the proposal is also an appropriate response to the other relevant matters under DDO13. While the proposed dwelling is larger than the existing dwelling on the review site, it will continue to be read as a building element that is lower in elevation than the dwellings that sit behind it and on higher elevation. As such, on any view, the proposed dwelling will continue to be read as one of many dwellings that sit one behind the other stepping up with the slope of the land. Further, there is a substantial opportunity for landscaping to be established between the proposed dwelling and Dargo Street. This is an appropriate outcome having regard to the broader considerations under DDO13, which are now not before me in this proceeding.