1. Before the development starts, the owner or developer must submit to the Responsible Authority a written report and photos of any prior damage to public infrastructure. Listed in the report must be the condition of Kerb & Channel, Footpath, seal, street lights, signs and other public infrastructure fronting the property and abutting at least two properties either side of the development. Unless identified with the written report, any damage to infrastructure post construction will be attributed to the development. The owner or developer of the subject land must pay for any damage caused to any public infrastructure caused as a result of the development or use permitted by this permit.

1. Before occupation all buildings and works specified in this permit must be completed to the satisfaction of the Responsible Authority. The Responsible Authority must be advised in writing when all construction and works are completed to enable the site to be inspected.

1. The boundaries of all car spaces, access and egress lanes and the direction in which vehicles should proceed along the lanes must at all times be clearly indicated on the ground to the satisfaction of the Responsible Authority.

1. The loading and unloading of vehicles and the delivery of goods must at all times be undertaken within the boundaries of the subject land.

1. A concrete kerb of a minimum height of 150mm, (or such other similar traffic management device) to the satisfaction of the Responsible Authority, must be provided, where necessary, to prevent vehicles causing damage to garden areas, to prevent vehicular access/egress other than where driveways are provided and to prevent vehicles projecting beyond the boundaries of the subject land.

1. The exterior treatment of the building(s) permitted by this permit including all exterior decoration, materials, finishes and colours must be to the satisfaction of the Responsible Authority. The exterior treatment of the building(s) must be maintained to the satisfaction of the Responsible Authority.

1. Any equipment required for refrigeration, air-conditioning, heating and the like must be located on the subject land and/or must be suitably insulated for the purpose of reducing noise emissions, to the satisfaction of the Responsible Authority.

1. Noise emissions must comply with State Environment Policy protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1.

1. Unless with the written consent of the Responsible Authority, deliveries to the supermarket and the collection of garbage/rubbish/recyclable materials from the subject land must only occur between the following times (this excludes a normal municipal rubbish collection service): 7:00am to 9:00pm Monday to Friday and 8:00am to 5:00pm Saturdays, Sundays and Public Holidays.
2. Deliveries for non-supermarket uses to/from the southern most entry/exit on Marnie road may only occur between 8am-6pm.

1. Outdoor lighting, where provided, must be designed, baffled and located to the satisfaction of the Responsible Authority such that no direct light is emitted outside the boundaries of the land.

1. Any form of public address system, where provided, must only be audible within a building on the land.

1. Drainage plans for the development to the Responsible Authority's nominated point of discharge, including computations and longitudinal sections, must be provided to the satisfaction of the Responsible Authority. Once approved, the plans will be endorsed as part of the planning permit and must not be further altered without the prior written consent of the Responsible Authority.

1. Prior to discharge to the Responsible Authority's Drainage system the stormwater must be treated in a Gross Pollutant Trap, Rocla CDS unit or equivalent, to the satisfaction of the Responsible Authority. Plans must include water sensitive urban design principles and onsite surface and stormwater detention to pre-development levels in accordance with plans and specifications to the satisfaction of the Responsible Authority.

1. Prior to the commencement of the development, the owner must enter into an Agreement under Section 173 of the Planning and Environment Act 1987. Such Agreement must covenant that:
   • (a) The owner may delay construction of that part of the development illustrated on the Plan in the area called stage 1A until the completion of the expansion and alteration of the Strath Village Shopping Centre in the area marked dark green which must be generally in accordance with the Plan to the satisfaction of the Responsible Authority;
   • (b) In the event that the expansion and alteration of the Strath Village Shopping Centre is completed within 3 years of the date of occupation of Stage 1 of the development approved by this permit (or such later time agreed between the Responsible Authority, the owner and the Strath Village Owners Corporation), the owner must commence the Stage 1A works within 12 months of the date of completion of the Strath Village Shopping Centre expansion and alteration and complete the construction works within 12 months;
   • (c) The owner will provide full plans and elevations to the satisfaction of the Responsible Authority for the Stage 1A development in the event that it proceeds;
   • (d) In the event that the Stage 1A development proceeds the western and southern facades of the Stage 1A development must be active faces and the pedestrian way between the Stage 1 and the Stage 1A development must be an internal mall designed to the satisfaction of the Responsible Authority after consulting with the Strath Village Owners Corporation. This paragraph must not require an active western façade in the event that there is no pedestrian access adjacent to the western façade;
   • (e) In the event that the said expansion and alteration of the Strath Village Shopping Centre does not proceed, the owner must be under no obligation to complete the Stage 1A development authorised by this permit;
   • (f) the Responsible Authority acknowledges that the necessary carparking for the additional retail floorspace on the site as contemplated by the Plan is to be provided at no more than the ratio as was provided in the application plans substituted in December 2008;
   • (g) The owner will not oppose the grant of a permit for the said expansion of the Strath Village Shopping Centre provided it is consulted as part of the application process and will use its best endeavours to ensure that the operator of the proposed supermarket will not object to the said expansion;
   • (h) The owner must provide a licence in favour of the landowners to the south of the subject land in relation to the strip along the southern boundary of the land between the southern boundary and the proposed acoustic fence. This licence must allow the occupation of this land by the landowners to the south for a period of 50 years. The owner must extend the north/south-running fences of the residents to the south to meet with the acoustic fence that runs along this landscaping strip if requested to do so; and
   • (i) The section 173 agreement must be registered on the title of the land within 90 days of the commencement of development, the owner to pay for the reasonable costs of the preparation and registration of the agreement.

1. The owner must allow duly authorised Council officers to inspect the detention system or Gross Pollutant Trap at mutually agreed times. The Owner will pay for all costs associated with the construction and maintenance of the on-site detention system and Gross Pollutant Trap.

1. Prior to the commencement of the development, an offset plan must be submitted to and approved by the Responsible Authority. When approved the plans will be endorsed and form a part of this permit. The plan must be drawn to scale with dimensions (where appropriate) and three copies must be provided.
2. Before the development hereby permitted starts, three (3) copies of a Landscape Plan generally in accordance with the landscape plan prepared by John Patrick Pty/Ltd January 2009 (with necessary modifications to reflect the modified layout) must be submitted for approval to the Responsible Authority. The plan must show the proposed landscape treatment of the site and include supporting information to the satisfaction of the Responsible Authority. In particular, the plan should be to a scale of 1:100 or 1:200 and show:
   • (a) Landscaping within the landscape strip along the southern boundary of the site following consultation with the property owners to the south;
   • (b) Retention of mature trees in the southwest corner of the site where possible;
   • (c) Accurate location of boundaries, existing and proposed built elements, neighbouring buildings and/or vegetation that may affect or be affected by the proposed development and landscape;
   • (d) Further landscape treatment to the southern property boundary and the relocation of the existing palms subject to approval of the Responsible Authority;
   • (e) The provision of offset planting either on site or off site in accordance with the submitted offset plan for the removal of the existing native vegetation;
   • (f) Accurate location and identification (botanical name) of existing vegetation to be retained and/or removed;
   • (g) Tree Protection Zones to the satisfaction of the Responsible Authority;
   • (h) Clear identification of the following elements:
     • (i) Areas proposed to be lawn, pavement, garden beds, other landscape features;
     • (ii) Proposed tree locations, shrub and ground cover groupings, climber locations;
     • (iii) Coded identification for these groupings and the numbers proposed; and
     • (iv) A Plant Schedule, which consists of an itemised list of all proposed species. The schedule must include the following headings:
       • Plant code; (refers to codified botanical names used on plan, for example, Bm).
       • Botanical and Common name;
       • Height and Width at maturity;
       • Installation height (for trees only);
       • Container size (for all other plant groups); and
       • Total quantities for each species.
   • (i) Supporting notes on the plan that elaborate on specific requirements for the proposed landscaping (e.g. site preparation, protection during construction of existing vegetation, use of a suitable mulching material and proposed depth etc.); and
   • (j) A legend that explains any graphic symbols used on the plan.

When approved the plan will be endorsed and will then form part of the permit.

1. Before the development allowed by this permit is occupied, landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority.
2. The landscape areas(s) shown on the endorsed landscape plan must be planted and maintained to the satisfaction of the Responsible Authority and once landscaped must not be used for any other purpose except with the prior written consent of the Responsible Authority.
3. The Responsible Authority must be advised on the completion of the landscaping so that a site inspection can be carried out. A further inspection will be carried out by the Responsible Authority six (6) months after completion of the landscaping to ensure that species have been adequately maintained.

1. Operable fire hydrants must be provided to the satisfaction of CFA.

1. Suitable access for emergency vehicles must be provided into and around the proposed development to the satisfaction of CFA.
2. Roads must be constructed to a standard so that they are accessible in all weather conditions and capable of accommodating a vehicle of 30 tonnes for the trafficable road width.
3. Curves in roads must be suitable for a vehicle with a turning circle of 23m.
4. Roads must be clear of encroachments 4.2m vertically.

1. The permit holder must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity, gas and telecommunication services to the land in accordance with the authority's requirements and relevant legislation at the time.

1. Within six months of the completion of development the owner must apply to the Responsible Authority to consolidate the titles of the land.

1. Subject to the provisions of the section 173 agreement, this permit will expire if the development permitted by this permit is not commenced within five years from the date hereof or if the development is not completed and the use permitted by this permit is not commenced within seven years from the date hereof or if the use is discontinued for a period of two years. The time within which the development must be completed and the use must commence may, on written request made before or within three months after the expiry of the permit, be extended by the Responsible Authority.

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