1. Larger living area to Units 101 and 302 and 305 by increasing the width to a minimum of 3m excluding kitchen cabinetry;

1. Redesign of layout of Units 201 and 301 to avoid entrance door conflict with kitchen; 2. Relocation of all air conditioning units from the balconies to the basement or roof level and screened so as not to be visible from the public realm; 3. Height clearance at the roller door and within the car park to be clearly shown on plans; 4. Balconies to Units 201 and 301 increased to a minimum of 6.0 square metres and Units 501 and 502 to a minimum of 8 square metres; 5. Any changes required to implement acoustic measures in accordance with Condition 15 of this permit; 6. A Waste Management Plan in accordance with Condition 12 of this permit; 7. Any changes required as a result of the Environmentally Sustainable Design Report in accordance with Condition 16 of this permit; 8. All winter garden external screens on the north elevation are to be capable of being fully opened; and

1. The services doors at street level to be provided with an architectural treatment or street art or similar design technique to add interest to the street.

1. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason (unless the Boroondara Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority.

3. The site must be drained to the satisfaction of the Responsible Authority.

1. 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.

1. 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.

1. Prior to the commencement of development, details of the model of car stacker used in the basement car park is to be provided to the Responsible Authority and must be to the satisfaction of the Responsible Authority.

1. Before the use starts or any building is occupied, car stackers must be installed in accordance with the endorsed plans.

1. The car stackers must be routinely serviced and maintained to the satisfaction of the Responsible Authority to ensure satisfactory access to all car spaces and to prevent any adverse effect on adjoining land by the emission of noise.

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

1. 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 external faces of walls on or facing boundaries are to be cleaned and finished to an acceptable standard to the satisfaction of the Responsible Authority.

1. A waste management plan must be prepared to the satisfaction of the Responsible Authority. Once satisfactory, such plan will be endorsed and must be implemented to the satisfaction of the Responsible Authority. The plan must provide the following details of a regular private waste (including recyclables) collection service for the subject land including:

(e) delivery of bins to waste collection points and retrieval of bins once collected.

1. Prior to the commencement of any site works a construction management plan must be submitted to and endorsed by the Responsible Authority. No works are permitted to occur until the Plan has been endorsed by the Responsible Authority. Once endorsed, the construction management plan will form part of the permit and must be implemented to the satisfaction of the Responsible Authority. The plan must provide details of the following:

(a) Hours for construction activity in accordance with any other condition of this permit;

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

(c) The location and design of a vehicle washdown bay for construction vehicles on the site;

(d) The location of parking areas for construction and sub-contractors' vehicles on the site, to ensure that vehicles associated with construction activity cause minimum disruption to surrounding premises and traffic flows. Any basement carpark on the land must be made available for use by sub-constructors/tradespersons upon completion of such areas, without delay;

(e) Measures to ensure that sub-contractors/tradespersons operating on the site are aware of the contents of the construction management plan;

(f) Contact details of key construction site staff;

(g) The location of any site sheds and the like; and

(a) a certificate of environmental audit must be issued for the land in accordance with Part IXD of the Environment Protection Act 1970; or

(b) an environmental auditor appointed under the Environment Protection Act 1970 must make a statement in accordance with Part IXD of that Act that the environmental conditions of the land are suitable for the sensitive use.

1. Before the development commences, an acoustic report generally in accordance with the report prepared by Marshall Day Acoustics dated 4 October 2011 must be prepared to the satisfaction of the Responsible Authority. The report must be prepared by a suitably qualified acoustic engineer and should address acoustic measures for the apartments adjacent to the train line.

1. Before the development commences, an Environmentally Sustainable Design (ESD) Report which is to the satisfaction of the Responsible Authority must be prepared by a suitably qualified expert and submitted to the Responsible Authority. The report should address ESD principles for the site including, but not limited to energy efficiency, water, waste and building materials. Once approved, such a plan must be implemented prior to the occupation of the dwellings to the satisfaction of the Responsible Authority.

(a) The development and use do not start within two (2) years of the issue date of this permit; or

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

The Responsible Authority may extend the times referred to if a request is made in writing before the permit expires or within three (3) months afterwards.

[2] Riva Hawthorn Pty Ltd & Anor v Boroondara CC [2011] VCAT 684