1. The development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.

1. Before the development starts, a detailed landscape plan consistent with Frankston City Council's Landscape Plan Guidelines (2020) 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 plan must be prepared by a suitably qualified landscape designer, drawn to scale with dimensions. The plan must be consistent with the development plans and generally in accordance with the concept landscape plan, prepared by MSc Landscape Design, Dwg no. 20140812 and undated, but modified to show:

(a) a survey (including botanical names) of all existing vegetation on the site and those located within 3m of the site boundary on adjoining properties, accurately illustrated to represent canopy width and labelled with botanical name, height and whether the tree is proposed to be retained and/or removed.

(b) Tree Protection Zone (TPZ) and Structural Root Zone (SRZ) of retained trees illustrated with notations regarding protection methods during construction.

(c) a planting schedule of all proposed trees, shrubs, and ground covers, including botanical names, common names, pot sizes, size at maturity and quantities of each plant.

(d) a range of plant types from ground covers to large shrubs and trees.

(e) Replace lawn areas from front setbacks with planted garden areas,

(f) landscaping and planting within all open areas of the site.

(g) adequate planting densities (e.g.: plants with a mature width of 1 metre, planted at 1 metre intervals).

(h) A planting theme of a minimum 40% indigenous and 40% native

(i) All existing environmental weed species must be removed from the site and environmental and noxious weeds found in the 'Frankston City Council Invasive Species Guide (2019)' must not be planted.

(j) suitable canopy trees (minimum two metres tall when planted) in the areas specified below (trees are not to be sited over easements) with species chosen to be approved by the Responsible Authority.

1. One (1) within the front setbacks D1, D4 AND D6 minimum mature height of 10m
2. One (1) within the POS of (all) dwellings minimum mature height 7m

(k) the provision of notes on the landscape plan regarding site preparation, including removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements.

(l) All tree stock used must be in accordance with AS2303-2015 Tree stock for Landscape Use.

(m) Provision of a 300mm wide landscape strip along the west boundary adjacent to the driveway.

1. The landscaping as shown on the endorsed landscape plan must be carried out and completed to the satisfaction of the Responsible Authority before the occupation of the development and/or commencement of the use or at such later date as is approved by the Responsible Authority in writing.
2. The landscaping shown on the endorsed plans must be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged trees are to be replaced.

1. Before works start (including any demolition, levelling of the site, excavations, tree removal, delivery of building/construction materials and/or temporary buildings), a Tree Protection Management Plan (TPMP) prepared in accordance with Frankston City Council's 'Arboricultural Report Writing Guide' must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will form part of the permit. The TPMP must be prepared by a suitably qualified and experienced Arborist in relation to the management and maintenance of trees numbered 1,2,10,20. The TPMP must make specific recommendations in accordance with AS4970: 2009 - Protection of Trees on Development Sites and detail the following where relevant but not limited to ensuring that the trees remain healthy and viable during and following construction:

(a) A site plan showing tree protection zones (TPZ) and structural root zones (SRZ), tree protection fence locations and any tree protection fence relocations required where ground protection systems will be used.

(b) A clear photograph of each tree.

(c) Any specific damage/faults evident within each tree prior to demolition or construction. These photographs must be supplied within the TPMP as a preliminary dilapidation report.

(d) Restricted activities in the TPZ.

(e) Key supervision and monitoring stages of the development including pre-demolition, pre-construction, and post construction stages.

(f) Details of any TPZ encroachments including if necessary.

1. details of exploratory any root investigation
2. details of alternative construction techniques, at grade construction with permeable material for tree 10
3. any root pruning
4. any arborist supervision

(g) Methods for installation of services e.g., sewerage, storm water, telecommunications, electricity etc.

(h) Remedial pruning works as required including a detailed photographic diagram specifying what pruning will occur.

(i) Final Certification of Tree protection template.

1. Prior to occupation of the development or at such later date as is approved by the Responsible Authority in writing, the Final Certification Report Template as required in the Tree Protection Management Plan must be completed and submitted to the satisfaction of the Responsible Authority.
2. Tree protection must be carried out in accordance with AS 4970-2009 Protection of trees on development sites and the endorsed TPMP to the satisfaction of the Responsible Authority.

1. Before the development starts, detailed design plans and drainage computations of the internal stormwater drainage system including the method of connection to the existing Council drainage infrastructure to the satisfaction of the Responsible Authority must be submitted to and approved by Responsible Authority. Where a soakage system is required, a geotechnical report prepared by a suitability qualified person must be submitted.
2. Provision of a Stormwater Detention System with a volume capable of retarding the 10 year ARI flow from the development site back to a 5 year ARI pre-development value to the satisfaction of the Responsible Authority.
3. Water Sensitive Urban Design (WSUD) principles must be incorporated into the drainage design, which must include rainwater tanks plumbed in for re-use, and may include but not be limited to the following components or a combination thereof:
   • Permeable driveways and porous pavements.
   • Rain gardens and bioretention basins.
   • Gross pollutant traps.
   • On-site 'bio-treatment' to reduce dissolved contaminants and suspended solids.
4. The stormwater management system must be designed to meet the current best practice performance objectives for stormwater quality as contained in the Urban Stormwater - Best Practice Environmental Management Guidelines (Victorian Stormwater Committee, 1999) in compliance with Standard B9 Permeability and stormwater management objectives.
5. Before the development is completed, all works detailed on the approved drainage plans, including the stormwater drainage system, must be constructed in accordance with the approved plans to the satisfaction of the Responsible Authority.

1. Before the occupation of the development, new or altered vehicle crossing(s) servicing the development must be constructed to the satisfaction of the Responsible Authority and any existing disused or redundant crossing or crossing opening must be removed and replaced with footpath/nature strip/kerb and channel, to the satisfaction of the Responsible Authority.

1. Before the development starts, an amended Sustainable Design Assessment (SDA) to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The plan will be endorsed and will then form part of the permit. The plan must be generally in accordance with the SDA prepared by Passivenergy and dated 16/11/2024 but modified to include or show:

(a) A minimum of a 4 star dishwasher.

(b) At least 4kw solar PV panels on the roof per dwelling.

(c) A minimum, one parking space nominated for EV charging, with appropriate signage and charging infrastructure installed per dwelling.

1. All works must be undertaken in accordance with the endorsed Sustainable Design Assessment (SDA) to the satisfaction of the Responsible Authority. No alterations to the SDA may occur without the written consent of the Responsible Authority.
2. Before the occupation of any dwelling approved under this permit, a report from the author of the SDA, approved pursuant to this permit, or similarly qualified person or company, must be submitted to the Responsible Authority. The report must be to the satisfaction of the Responsible Authority and must confirm that all measures specified in the SDA have been implemented in accordance with the approved Plan.

1. All works on or facing the boundaries of adjoining properties must be finished and surface cleaned to a standard that is well presented to neighbouring properties in a manner to the satisfaction of the Responsible Authority.
2. Mailboxes shall be provided to the proposed dwelling/s to the satisfaction of the Responsible Authority and Australia Post.
3. All plumbing work, sewer pipes etc. (except for spouting and stormwater pipes) associated with the new dwelling shall be concealed from general view.
4. Outdoor lighting must be provided, designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on neighbouring land.

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. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

(a) The development has not started within two (2) years of the date of this permit; or

(b) The development is not completed within four (4) years of the date of this permit.

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.

[1] The submissions and 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] Council raised a preliminary matter about whether the amended plans (described as Revision 3 dated 14/6/25) should be substituted. I ruled these plans were inadmissible as they were not re-advertised in accordance with PNPE-9. The plans considered by the Tribunal are the advertised plans, described as Revision 1, dated 9/24.

[8] The applicant cited examples at 35 Broderick Road which has a density of 1:209 square metres and 48-50 Broderick Road which has a density of 1:228 square metres. The proposed development has a density of 1:275 square metres.

[9] Such as hot water services, clothes lines, air conditioning and bin storage.

[10] Table on page 20 of Council's submission.