For the reasons explained above, the decision of the Responsible Authority is varied. A permit is issued subject to conditions.
[2]
Use and development of a supermarket in a Commercial 2 Zone (clause 34.02-1, 34.02-4), associated signage (Clause 52.05) and alteration of access to a Road Zone Category 1 Clause 52.29)
[3]
The use and development as shown on the endorsed plans must not be altered without the written consent of the responsible authority.
Once building works have commenced they must be completed to the satisfaction of the responsible authority.
All buildings and works must be maintained in good order and appearance to the satisfaction of the responsible authority.
Prior to the occupancy of the development or by such later date as is approved by the responsible authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority.
The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority, including that any dead, diseased or damaged plants are to be replaced.
The use and development must be managed so that the amenity of the area is not detrimentally affected, through the:
[4]
transport of materials, goods or commodities to or from the land;
2. appearance of any building, works or materials;
or otherwise, to the satisfaction of the responsible authority.
[7]
All external plant and equipment must be acoustically treated or placed in soundproof housing to reduce noise to a level satisfactory to the responsible authority.
The location and details of the signage, including those of any supporting structure, as shown on the endorsed plans, must not be altered without the written consent of the responsible authority
The signage must be constructed and maintained to the satisfaction of the responsible authority.
Before the use commences of the development hereby permitted, the land to which this permit applies must be consolidated to ensure that the lots comprising the car parking and vehicle access ways and the lots containing the buildings allowed by this permit are contained within a single title.
Before the commencement of any works hereby permitted, a site drainage plan including all hydraulic computations 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 drawn to scale with dimensions and one copy and an electronic copy (PDF) must be provided. The drainage plan must be prepared in accordance with the requirements of Latrobe City Council's Design Guidelines and must provide for the following:
[8]
How the land including all buildings, open space and paved areas will be drained to the legal point of discharge for a 1 in 10 year ARI storm event.
2. An underground pipe drainage system conveying stormwater discharge to the legal point of discharge.
[9]
An underground pipe drainage system conveying stormwater from the legal point of discharge and connecting into Latrobe City Council's stormwater drainage system.
Appropriate measures must be implemented throughout the construction stage of the development to rectify and/or minimize mud, crushed rock or other debris being carried onto public roads or footpaths from the subject land, to the satisfaction of the responsible authority.
Before the commencement of any works hereby permitted, detailed engineering design plans shall be submitted to and approved by the responsible authority for the following works. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided.
Alterations to the existing Argyle Street service road on the west side of the property to provide an extended vehicle crossing utilising part of the service road as shown on the endorsed plans. Works are to include removal of the existing kerb and channel for the length of the extended crossing and construction of a kerb outstand, side entry drainage pit and concrete M2 channel.
Prior to the commencement of any works hereby permitted the operator of this permit shall:
Arrange the removal of the street trees (including the stump) at 141-143 Argyle Street, Traralgon by a tree contractor approved by the Responsible Authority. Seven (7) days notification must be given to Latrobe City Council's Supervisor Arborist before the commencement of any tree removal works.
Before the use commences of the development hereby permitted, or by such later date as is approved by the responsible authority in writing, the following works must be completed in accordance with the endorsed plans and to the satisfaction of the responsible authority:
[10]
All drainage works must be constructed in accordance with the approved site drainage plan.
2. The areas shown on the endorsed plans for vehicle access and car parking must be constructed to such levels that they can be used in accordance with the approved plans including surfacing with an all-weather sealed surface, drained, line marking to indicate each car space and all access lanes; and clearly marked to show the direction of traffic along access lanes and roadways.
[11]
Construction of a 1.5 metre wide concrete footpath along the entire frontage of the development.
[12]
Plant and maintain for a minimum period of 12 months, two replacement street trees of a size and species approved by the responsible authority.
2. All redundant vehicle crossings abutting the site shall be removed and the kerb, channel, naturestrip and footpath shall be reinstated at the owners/applicants cost to the satisfaction of responsible authority.
Where proposed, all lighting used to externally illuminate buildings, works and uses shall be fitted with cut-off luminaries (baffles), so as to prevent the emission of direct and indirect light onto adjoining roadways, land and premises to the satisfaction of the responsible authority.
The areas set aside for car parking, access lanes and driveways must be maintained in a continuously useable condition to the satisfaction of the responsible authority.
The loading and unloading of goods from vehicles must only be carried out on the land subject to this permit and must not disrupt the circulation and parking of vehicles on the land.
Car spaces, access lanes and driveways must be kept available for these purposes at all times.
The operator of this permit must comply with the following conditions from VicRoads:
[13]
Prior to the use of the development, the existing right turn lane must be extended to the satisfaction of and at no cost to VicRoads.
2. Prior to the use of the development, a new median opening from the service road to the Princes Highway must be constructed to the satisfaction of and at no cost to VicRoads.
[14]
Prior to works within the road reserve, detail design plans must be approved by VicRoads.
[15]
Separate consent for works within the road reserve and the specifications of these works is required under the Road Management Act. For the purposes of this application the works will include provision of:
1. extension of the existing right turn lane;
2. creation of a new median opening;
3. construction of a driveway.
The approval contained in this permit for the signage shown on the endorsed plans expires 15 years from the date of this permit. (NOTE: This is a condition requirement of the State Government).
This permit will expire if one of the following circumstances applies:
The development is not started within two years of the date of this permit;
The development is not completed and the use has not commenced within four years of the date of this permit;
[16]
The responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of expiry of permit. An extension of time to complete the development or a stage of the development may be requested if:
[17]
the request for an extension of time is made within 12 months after the permit expires; and
the development or stage started lawfully before the permit expired.
[18]
This permit does not authorize the commencement of any building construction works.
[19]
[1] I have considered the submissions of all the parties that appeared, all the written and oral evidence, all the exhibits tendered by the parties, and all the statements of grounds filed. I do not recite or refer to all of the contents of those documents in these reasons.
[20]
[2] Reformed Residential Commercial and industrial Zones for Victoria Advisory Note 52 June 2013
Parties
Applicant/Plaintiff:
Langmore
Respondent/Defendant:
LaTrobe CC [2015] VCAT 690
Cases Cited (3)
Langmore v LaTrobe CC [2015] VCAT 690 (19 May 2015)