1. Condition 5 of the Without Prejudice Conditions requires the submission of a WMP to the satisfaction of the Responsible Authority. I consider this condition can address issues regarding the management of waste for the development.

1. Council submits that it is not opposed to the appearance of the rooming house but expressed a concern about the extensive use of rendering in the elevations. It suggested that these areas could be treated with different colour render or alternative materials to relieve the blank aspects on the wall.
2. Mr Glossop has reviewed the architectural design and considers the response is appropriate for its commercial setting. He says the greatest proportion of built form associated with the rooming house is at the rear of the site, away from High Street Road and Raymond Street. He considers the removal of the third storey above the shop has reduced the scale in the frontage.
3. Mr Glossop acknowledges that there are large sections of rendered concrete panelling at the upper levels. He has recommended that the west elevation should specify the exact colour to break up this elevation.

1. I have reviewed the amended elevation plans and agree that is an acceptable response to its context within a C1Z. Further details of render colours can be included as a condition on the permit, in accordance with Mr Glossop's recommendations.

WILL THE ROOMING HOUSE CAUSE UNREASONABLE AMENITY IMPACTS?

1. The respondent's property is to the east at 209 High Street Road. She is concerned that her private open space will be affected, and the proposal fails to meet Standards B19, B20, B21 and B22 of Clause 55.
2. The applicant submits that the review site is within a robust context as there is a childcare centre and landscape supplies to the west and an education centre to the north. It says the amended design mirrors what has already been approved along the east elevation, which includes a three-storey wall.

1. In terms of direct amenity impacts on abutting and nearby properties, I note that there are no windows in the east elevation of building that have the potential to overlook the respondent's rear yard. Therefore, the requirements of Clause 55.04-6 (Standard B22 - Overlooking) are met. Further details of the angle of views from the roof top deck can be addressed by permit condition.
2. The respondent's grounds relating to Clause 55.04-3 (Standard 19 - Daylight to existing windows) and Clause 55.04-4 (Standard B20 - North facing windows) are not relevant as the east boundary wall is not facing any adjoining habitable room windows.
3. The shadow diagrams for the 22 September (the Equinox) show that the respondent's ground level private open space will be fully shadowed at 3.00pm. However, I note the existing endorsed plans also show this area is overshadowed in the afternoon after 2.00pm.
4. I concur with the findings of the Tribunal in Sunshine Panel and Paint Pty Ltd,[14], that it is a long-established principle that residents living close to, or within non-residential zones, cannot expect the same level of amenity as those living in a residential area.

IS THE PARKING LAYOUT AND PROVISION ACCEPTABLE?

1. The rooming house is provided with two car spaces which satisfies the requirements of Clause 52.06. Whilst Council acknowledges compliance with the MPS, it says seven of the nine residents will be relying on public transport. It notes the review site is not within the Principal Public Transport Network ('PPTN') and residents will have to travel some distance for weekly shopping. It is concerned that this location will impact their level of amenity as the nearest railway station is 607 metres to the south-east.
2. Council considers the layout of the car parking is unacceptable as bicycle spaces and waste bins have been moved into car parking spaces, including the accessible space (i.e. car space 1). It says this needs to be addressed as the function of accessible car spaces should not be impeded by bins and bicycles.
3. The applicant has submitted traffic engineering advice[15] for the amended plans. The traffic engineer has no concerns about the minor encroachment of bikes and bins within the shared zone of the accessible car space. This advice states that vehicles accessing the space will not be impacted by these features and it does not affect a person with a disability from accessing a vehicle. Swept path diagrams have been submitted that show a B85 vehicle can enter and exit each car space in a single manoeuvre.

1. The provision of car parking for the rooming house meets the requirements of Clause 52.06. I find this location will result in a lower level of amenity for residents given it is on a main road that contains numerous bus services. This includes a bus stop 20 metres from the review site that provides access to shopping centres in Ashburton, Syndal and Glen Waverley.
2. Whilst the location of bins and bikes in the shared area of the accessible car space is not ideal, I accept the advice of the applicant's traffic engineer that entering and exiting this car space will not be impeded for persons with a disability. I anticipate that the rooming house will be operated by a manager whose responsibilities will be monitoring bin and bike placement to ensure maintenance of access to the accessible car space.
3. I also note that the swept path diagrams indicate that vehicle movements to and from the lane can occur in one movement.

1. My findings have concentrated on the internal amenity issues relating to the rooming house that were raised by Council in their grounds of refusal. However, I have also reviewed the revised layout and design of the caretaker's dwelling and consider it to be satisfactory. I have come to this conclusion as the first floor contains habitable room windows with access to daylight and there is west facing balcony with access from the family room.
2. Three car spaces are provided for the caretaker's house that includes a double car stacker. The traffic advice submitted by the applicant recommends relocation of car space No.3 outside the bin area. I agree with this change and will include a condition to amend the plans accordingly.
3. These changes were not contested by Council.

1. In deciding the conditions to be included on the permit I have had regard to the draft conditions provided by the Council and the submissions of the applicant.
2. The applicant is opposed to the inclusion of a Section 173 Agreement which requires the car parking spaces to be only used by occupants of the units and the spaces are not be sold or leased to other persons. I note these requirements are not applicable to a rooming house and therefore will be deleted from the permit.
3. The Section 173 Agreement also includes a requirement that if the rooming house use ceases, a new permit will be required for an alternative use. Other requirements are that an operational management plan ('OMP') must be implemented.
4. Given that an OMP is already a stand-alone condition (Condition 16), it is unnecessary to have an additional requirement to implement it in a Section 173 Agreement. There is also no need for Section 173 Agreement to require a new application if the rooming use ceases operation, as any new use will be subject to the requirements of the MPS at that time.
5. The OMP at Condition 16 includes several requirements, including resident induction, a log of residents and visitors, the presence of an on-site manager at all times, a record of complaints, appropriate maintenance of buildings and landscaping, and no visible storage. Conditions 18, 20, 21 and 22 relate to use of the land and require the site to be managed by a licensed operator, general maintenance of the site, amenity/nuisance controls and access to common areas.
6. I consider these conditions onerous given the rooming house must meet the requirements of the RT Act and RT Regulations that include management of the venue by a licensed operator. I will delete these conditions as I consider these matters will be dealt with by other legislation governing rooming houses.

1. For the reasons given above, the decision of the responsible authority is set aside. An amended permit is granted subject to conditions.

To construct a building or construct or carry out works associated with a rooming house, caretakers house and shop

To construct a building or construct or carry out works

1. Before the development/use starts, amended plans drawn to scale and correctly dimensioned must be submitted to the satisfaction of and approved by the Responsible Authority. When approved, the plans will be endorsed and then form part of the Permit. The plans must be generally in accordance with the plans submitted to Council prepared by MB Design dated 29/4/2025 comprising Sheets 1 - 8, Issue C, but modified to show:

(a) The location and design of, electricity supply meters boxes, water meters and any other required service facilities integrated into the building design with a minimised presentation to High Street Road and the public realm.

(b) Any air conditioning/reverse cycle units are to be installed so they are screened from view from High Street Road.

(c) Linemarking of parking bays and bin locations at the rear of car parking spaces to be modified generally in accordance with Collies Layout Plan Revision A dated 13 June 2025.

(d) Finished floor levels to AHD of the parking area.

(e) The provision of full operational/technical details of the car stacker.

(f) A landscaping plan for the rooftop space showing all plantings, materials, finishes and maintenance details.

(g) Acoustic rated glazing or alternative acoustic treatment to windows and doors on the west elevation to prevent noise intrusion.

(h) Materials, colours and finishes schedule.

(i) Southern edge of the communal roof terrace screened to minimise overlooking of any private open space or habitable room window of the dwelling at 209 High Street Road or alternatively sections and plans to demonstrate no screening is required.

(j) Additional daylight access to be provided to the caretaker's house by the provision of an enlarged kitchen window, separate additional window or glazing added to the front door.

(k) An updated sustainable Design Assessment in accordance with Condition 3.

(l) An updated Waste Management Plan in accordance with Condition 5.

(m) Location of the rainwater tanks.

all to the satisfaction of the Responsible Authority.

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

1. Concurrent with the endorsement of any plans, an amended Sustainable Design Assessment (SDA) (including an assessment using BESS, STORM or other methods) if required due to the condition 1 changes, must be submitted to and approved by the Responsible Authority. Upon approval the SDA will be endorsed as part of the planning permit and the development must incorporate the sustainable design initiatives outlined in the SDA to the satisfaction of the Responsible Authority. The report must be generally in accordance with the Sustainable Design Assessment prepared by Frater Consulting Services dated 30 April 2025 and include the following:

Demonstration of how 'best practice' sustainability measures have been addressed.

Identify relevant statutory obligations, strategic or other documented sustainability targets or performance standards.

Document the means by which the appropriate target or performance is to be achieved.

Identify responsibilities and a schedule for implementation, and ongoing management, maintenance and monitoring.

Demonstrate that the design elements, technologies and operational practices that comprise the SMP can be maintained over time.

All works must be undertaken in accordance with the endorsed Sustainability Design Assessment to the satisfaction of the Responsible Authority. No alterations to the endorsed Sustainable Design Assessment may occur without written consent of the Responsible Authority and (to the extent material and necessary) any relevant flow-on changes to the design response must be also incorporated into the endorsed architectural plans.

1. Prior to the occupation of the use and development approved under this permit, a report from the author of the endorsed Sustainable Design Assessment (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 Sustainable Design Assessment have been implemented in accordance with the approved plan.

1. Concurrent with the endorsement of plans required pursuant to Condition 1, an updated Waste Management Plan must be submitted, be to the satisfaction of and be approved by the Responsible Authority. The plan must provide details of a regular private waste (including recyclables) collection service for the subject land and be prepared in accordance with the Multi-Unit and Commercial Developments Waste Management Plan Guide for Applicants. The plan must be generally in accordance with the Waste Management Plan prepared by Fraters dated 12 June 2025 and include the following:

(a) The method and location of collection of all waste from the land;

(b) Waste volume calculation and total waste generated per waste stream;

(c) Frequency of Waste collection and permitted collection times;

(d) Plans showing the location of bin storage areas, required bin storage equipment and features, number of bins and location of temporary bin storage at collection point(s);

(e) Provision of bin cleaning equipment, washing facilities and sewer disposal within the waste storage area;

(f) Type / Size of private waste vehicles;

(g) Changes to the bin areas and location in accordance with Condition 1;

1. The provisions, recommendations and requirements of the endorsed Waste Management Plan must be implemented and complied with to the satisfaction of the Responsible Authority.

1. Prior to the commencement of works on the site (including demolition and excavation), a Construction Management Plan (CMP) must be submitted and approved by the Responsible Authority. No works are permitted to occur until the CMP has been endorsed by the Responsible Authority. Once endorsed, the CMP will form part of the permit and must be implemented to the satisfaction of the Responsible Authority. The CMP must address the following issues:

(a) hours for construction activity;

(b) measures to control noise, dust and water and sediment laden runoff;

(c) prevention of silt or other pollutants from entering into the Council's underground drainage system or road network;

(d) measures relating to removal of hazardous or dangerous material from the site, where applicable;

(e) cleaning and maintaining surrounding road surfaces;

(f) public safety and site security;

(g) a plan showing the location of parking areas for construction and subcontractors' vehicles on and surrounding the site, to ensure that vehicles associated with construction activity cause minimum disruption to surrounding premises

a Traffic Management Plan including how access to the laneways will be managed;

measures to ensure that sub-contractors/tradespersons operating on the site are aware of the contents of the CMP;

any other relevant matters, including the requirements of Head, Transport for Victoria or Public Transport Victoria.

The provisions, recommendations and requirements of the endorsed Construction Management Plan must be implemented and complied with by all contractors to the satisfaction of the Responsible Authority.

1. The site must be drained to the satisfaction of the Responsible Authority.
2. A plan detailing the drainage works must be submitted to the Engineering Division prior to the commencement of works for approval. The plans are to show sufficient information to determine that the drainage works will meet all drainage requirements of this permit.
3. Stormwater discharge is to be detained on site to the predevelopment level of peak stormwater discharge. Approval of any detention system is required by the City of Monash prior to works commencing; or any alternate system.
4. No polluted and/or sediment laden runoff is to be discharged directly or indirectly into Council's drains or watercourses during and after development, to the satisfaction of the Responsible Authority.
5. Any works within the road reserve must ensure the footpath and roadway/naturestrip are to be reinstated to Council standards.

Any new vehicle crossover or modification to an existing vehicle crossover must be constructed to the satisfaction of the Responsible Authority.

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

Walls on boundaries must be finished to the satisfaction of the responsible authority.

1. Prior to the commencement of the rooming house use, an Operational Management Plan must be submitted to and approved by the Responsible Authority. The Plan should detail but not limited to:

(a) Rooms managed and under the control of a single operator responsible for the operation and maintenance of the entire premises for the life of the use as a rooming house;

(b) The 24 hour contact details for the management of the premises displayed in a manner and location that it is visible to any person entering the premises. This information is to be updated as required immediately following any change to the nominated responsible management contact person;

(c) Appropriate maintenance of the premises, including the roof top communal areas;

(d) Appropriate management of the car park including access arrangements;

(e) Waste Disposal, including management of bins, in accordance with the waste management conditions of this permit;

When approved, the Operational Management Plan will be endorsed to form part of this permit and must be implemented to the satisfaction of the Responsible Authority.

1. The total number of bedrooms within the rooming house must not exceed nine (9) except with the further written consent of the responsible authority.

1. All disused or redundant vehicle crossovers must be removed and the area reinstated with footpath, kerb and channel to the satisfaction of the Responsible Authority.
2. Any new vehicle crossover or modification to an existing vehicle crossover must be constructed to the satisfaction of the Responsible Authority.
3. Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose, to the satisfaction of the Responsible Authority. All disused or redundant vehicle crossovers must be removed and the area reinstated with footpath, naturestrip, kerb and channel to the satisfaction of the Responsible Authority.

1. The walls on the boundary of adjoining properties shall be cleaned and finished in a manner to the satisfaction of the Responsible Authority.

1. All ground floor area (apart from the existing shop being retained) must be set no lower than 53.7 metres to Australian Height Datum (AHD) which is 300mm above the applicable flood level for the property of 53.4 metres to AHD.
2. Finished floor level of all parking areas including the car stacker must be constructed no lower than 53.4 metres to AHD which is at the applicable flood level.

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

1. In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies:

(a) The development is not started before 3 years from the date of issue_._

(b) The development is not completed before 5 years from the date of issue_._

(c) The rooming house use is not started within two years of completion of the development.

In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires.

[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] Site and Ground Floor Plan, Sheet 2 of 8, Revision C.

[3] First Floor Plan, Sheet 3 of 8, Revision C.

[4] Second Floor Plan, Sheet 4 of 8, Revision C.

[5] Third Floor Plan, Sheet 5 of 8, Revision C.

[8] Mondib Group Pty Ltd v Moonee Valley City Council [2021] VSC 722 and Wattleview Pty Ltd v Yarra City Council CC [2025] VCAT 24.

[10] Victoria's Housing Statement: The decade ahead 2024-2034.

[12] Director of Housing v Maribyrnong [2005] VCAT 2403, Bello Designs Pty Ltd v Monash CC [2021] VCAT 1211 and Dimitrovici Pty Ltd v Greater Dandenong CC [2022] VCAT 5.

[14] Supershine Panel & Paint Pty Ltd v Yarra CC [2006] VCAT 784 [9].

[15] Colliers advice dated 17 June 2025