Lazzcorp Developments Pty Ltd v Stonnington CC & Ors [2010] VCAT 1081

Lazzcorp Developments Pty Ltd v Stonnington CC & Ors [2010] VCAT 1081 - VCAT 2010 case summary — Zoe

[17]

Before the occupation of the development, the landscaping works as shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority. Landscaping must then be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.
The footpath levels on Dandenong Road and in the Right-of-Way must not be lowered or altered in any way to facilitate access to the site.
Prior to a Building Permit being issued a report for the legal point of discharge must be obtained from Council and a drainage design for the development must be prepared by a suitably qualified Engineer in compliance with Council's report. The drainage must be constructed in accordance with the Engineer's design.
Prior to the occupation of the building, all screening devices designed to limit overlooking hereby approved must be installed to the satisfaction of the Responsible Authority. The screens must be designed and coloured to blend in with the development to the satisfaction of the Responsible Authority.
Any poles, service pits or other structures/features on the footpath required to be relocated to facilitate the development must be done so at the cost of the applicant and subject to the relevant authority's consent.
All services to the subject land and buildings approved as part of this permit must be provided underground to the satisfaction of the Responsible Authority by completion of the development.
Prior to occupation of the building or commencement of use, any existing vehicular crossing made redundant by the building and works hereby permitted must be broken out and re-instated as standard footpath and kerb and channel at the permit holders cost to the approval and satisfaction of the Responsible Authority.
Before the development starts, a construction management plan must be prepared and submitted to the satisfaction of the Responsible Authority. The plan must address the actions to be taken by the developer during the course of construction with respect to the hours of construction; the location of car parking for tradesman; delivery of materials to the site; location of goods to be stored; arrangements for the disposal of waste; the action to be taken if the council consents to its use for purposes that may impede access; cleaning and maintenance of the arrangements to minimise the use of the rear laneway and any other matter the Responsible Authority considers relevant. The construction management plan must be implemented to the satisfaction of the Responsible Authority.

[18]

A two-way sealed vehicular crossover must be constructed at least 6.4m wide, as measured at the property boundary, to the satisfaction of the Responsible Authority.
The edge of the proposed vehicular crossover must be angled at 60 degrees to the road reserve boundary, to improve entry and exit conditions, to the satisfaction of the Responsible Authority.
Vehicles must enter and leave the site in a forward direction, to the satisfaction of the Responsible Authority.
Existing vehicle crossovers must be removed and the footpath, nature strip and kerbing reinstated to the satisfaction of the Responsible Authority.
Any proposed landscaping must not obstruct the sight lines of motorists or pedestrians to the satisfaction of the Responsible Authority.
Prior to the commencement of any roadworks, the developer must contact Team Leader - VicRoads Improvement Projects Department (Telephone No. 9881 880) for the following requirements:
1. Provide evidence that the contractor has a public liability insurance policy for at least $10 million, effective for the duration of the works.
2. Provide VicRoads with the name, address, business and out-of-hours telephone numbers of the principal roadwork contractor.
3. Submit to VicRoads for approval, a Consent for Works application (including consent fee and a Traffic Management Plan showing the proposed provision for traffic and signing for the duration of the works, at least 21 days prior to the commencement of works. The Traffic Management Plan must meet the requirements of the VicRoads Worksite Traffic Management (Roadworks Signing) Code of Practice which incorporates AS 1742.3-2002. Traffic management/control must be carried out by suitably trained personnel.
4. Arrange for the contractor to contact VicRoads surveillance Coordinator (Telephone No. 9881 8079), at least seven (7) days prior to the commencement of works. Note: The contractor will be charged for the actual cost of VicRoads surveillance, which may be undertaken at certain key times during the works.
The applicant must arrange for pay the full cost of all roadworks, drainage, road safety devices, service relocations, civil works, public lighting, surveillance and any other associated costs at no cost to VicRoads.
This permit will expire if one of the following circumstances applies:
1. The development is not started within two years of the date of this permit.
2. The development is not completed within four years of the date of this permit.

At a glance

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Before

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Judgment (22 paragraphs)

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Cases Cited (1)

Lazzcorp Developments Pty Ltd v Stonnington CC & Ors [2010] VCAT 1081 (28 June 2010)