1. Having regard to the above, we will direct that a permit issue subject to the conditions set out in Appendix A.

• The partial demolition and removal of a building
• The use of the land for 'dwelling'
• The construction of a building or carrying out works
• The reduction in the number of car parking spaces
• The waiver of the loading/unloading bay requirements

1. Before the development commences, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of this permit. The plans must be drawn to scale with dimensions, and three copies must be provided. The plans must be generally in accordance with the plans filed after the hearing of Application for Review P776/2015, being:

TP A00.01 - TP A00.04, TP A01.09, revision B dated 24.09.15

TP A01.03 - TP A01.07, TP A01.13 revision C, dated 24.09.15

TP A3.01, TP A03.02 and TP A03.04, revision D dated 27.10.15

TP A01.12, TP A02.01 - TP A02.04, revision E dated 27.10.15

The schedule of colours and materials titled 'VCAT Order Response' (prepared by Rothe Lowman) but modified to show, if still required:

(a) title boundary dimensions as per the Certificate of Title;

(b) the layout of dwellings 1.11-1.13, 2.03-2.06, 2.11-2.13, and 3.03-3.13 to be amended as per dwelling 2.13;

(c) the following treated with fixed, opaque glass to a minimum height of 1.7m or fixed, maximum 25% transparent screens (one may be treated where it addresses the overlooking issue):

• (i) G.07 balcony and G.08 living room window;

• (ii) G.16 and G.17 balconies;

• (iii) 1.01 and 1.02 balconies;

• (iv) 1.01 and 1.03 balconies;

• (v) 2.15 living room window and the balconies below;

• (vi) 2.01 and 2.02 balconies;

• (vii) 2.01 and 2.03 balconies;

• (viii) 2.13 and 2.12 and 3.08 to 3.13 dining windows;

• (ix) 2.15 balcony and the balconies below;

• (x) 3.01 and 3.02 balconies;

• (xi) 3.01 and 3.03 balconies;

• (xii) delineation of the northern balcony to dwellings 8.06-8.07; and

• (xiii) 8.08 and 8.09 balconies.

(d) the retention of the existing façade plaque from the front of the National Theatre building and reinstated on the new façade (approximately at the same height as existing on a suitable ground floor façade element of the former National Theatre portion of the site);

(e) demolition of the elevated area in the south west corner of the Council car park that formerly provided access to the subject site;

(f) the western wing wall of dwellings 2.14 and 3.14 on levels 2 and 3 deleted and replaced with a glazed return balustrade;

(g) demolition plan to match the extent of works proposed;

(h) a minimum 3m³ of storage per dwelling;

(i) a minimum of nine car parking spaces allocated to the shop and café tenancies (one per tenancy);

(j) the easternmost car parking spaces across basements 1, 2, 3 and the lower ground floor designed as 'small car spaces';

(k) lower ground - With the exception of the length (which must meet table 2 at clause 52.06-8 of the Yarra Planning Scheme), the disabled parking space and associated shared area must be designed in accordance with the Australian/New Zealand Standard AS/NZS 2890.6:2009;

(l) lower ground - Clearance to car parking spaces in accordance with Diagram 1 at clause 52.06, except where the obstruction is a wall or lift core within 300mm of the edge of the car space in which case a clearance of 100mm is permitted.

(m) a wall, fence, column, or any other structure that abuts a car space must not encroach into the area marked 'clearance required' on diagram 1 of clause 52.06-8 of the Yarra Planning Scheme, other than:

• (i) a column which may project into a space if it is within the area marked 'tree or column permitted' on diagram 1;

• (ii) a structure, which may project into the space if it is at least 2.1 metres above the space.

(n) all works required by the s173 agreement to be indicatively shown on the plans;

(o) the bicycle parking bays must meet the dimension requirements at clause 52.34-4 of the Yarra Planning Scheme;

(p) bicycle parking signage to be provided in accordance with clause 52.34-5 of the Yarra Planning Scheme;

(q) the seven visitor/staff bicycle parking spaces adjacent to the car park entry on the lower ground level relocated away from the vehicular entrance ramp, yet remaining accessible to visitors and staff;

(r) the 19 and 8 space bicycle parking bays in the south-west and south-east corner of the lower ground level relocated to the north-east corner of the lower basement with the 60 space bay;

(s) resident bicycle parking spaces provided behind a lockable gate;

(t) a minimum of four visitor bicycle parking spaces to be provided along the Bridge Road footpath at the Permit Holder's expense and to the satisfaction of the Responsible Authority;

(u) larger north-facing windows to the lower ground café tenancy;

(v) a lighting and public artwork scheme, referencing the uses of the former theatre building, for the laneway in the eastern end of the site, with a notation confirming lighting will meet Australian Standards;

(w) plans of the laneway in the eastern end of the site to show all correct grade information;

(x) a public lighting design scheme along the development's road frontages, demonstrating adequate lighting levels for pedestrians as per Australian Standard requirements. Notations must confirm that the lighting scheme has been approved by CitiPower and all lighting infrastructure and hardware will be funded by the Permit Holder;

(y) a landscape plan showing:

• (i) the type, location, quantity, height at maturity and botanical names of all proposed plants;

• (ii) details of design information relating to drainage, planters, paving and fencing;

• (iii) details of irrigation and maintenance (including reuse of stormwater);

• (iv) the location of all areas to be covered by lawn or other surface materials;

• (v) specification of works to be undertaken prior to planting; and

• (vi) additional landscaping to the level 8 pool deck.

(z) the on-street parking spaces along Judd Street, where adjacent to street trees, increased to a minimum length of 6 metres;

(aa) any changes resultant from the endorsed SMP (where relevant to show on plan);

(bb) any changes resultant from the endorsed Wind Report (where relevant to show on plan);

(cc) any changes resultant from the endorsed Acoustic Report (where relevant to show on plan);

(dd) any changes resultant from the endorsed Waste Management Plan (where relevant to show on plan);

(ee) a schedule of materials and colours including samples and coloured elevations to show; if still required:

• (i) the level 1 and 2 recessed metal spandrel elements at the former National Theatre segment of the site replaced with masonry (may be pigmented and/or textured);
• (ii) details of the concrete finish to the part levels 3 and 4-7 Bridge Road façade, with details of stain protection, pigmented concrete and/or texture to ensure the façade weathers well over time;
• (iii) the former London Baby Carriage façade re-painted as per original conditions. This is to be ascertained by undertaking a microscopic paint analysis;
• (iv) the lower ground façade to Judd Street and the northern laneway finished in a 'fine grained' material or treatment;
• (v) the lower ground, eastern façade to the Council car park treated with artwork or a fine grained material to add visual interest; and
• (vi) details of the paint removal method for the first brick element to the Judd Street return of the former London Baby Carriage building.

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

1. Before demolition commences, a detailed and annotated photographic record of the existing buildings (at 153 to 177 Bridge Road) in their context must be submitted to the satisfaction of and endorsed by the Responsible Authority as a record of the building. The photographic record and a brief historical overview of the National Theatre building must also be lodged in the local history collection at Yarra City Libraries. The photographs must:
   • (a) include the interior and each external elevation of the building (including any remnants of the ceiling and exposed timber trusses within 173-177 Bridge Road);
   • (b) be submitted in black and white format;
   • (c) be taken by a suitably qualified heritage photographer; and
   • (d) the methodology should follow that set out in Photographic Recording for Heritage Places and Objects prepared by Heritage Victoria and which can be accessed at http://www.dtpli.vic.gov.au/\_\_data/assets/pdf\_file/0009/219348/Photographic\_Recording\_Tech\_Note.pdf .

1. Before the demolition commences, a structural report to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the structural report will be endorsed and will form part of this permit. The structural report must be prepared by a suitably qualified structural engineer and demonstrate the means by which the retained portions of the building at 153 - 161 Bridge Road will be supported during demolition and construction works to ensure their retention.
2. The provisions, recommendations and requirements of the endorsed structural report must be implemented and complied with to the satisfaction of the Responsible Authority.

1. Finished floor levels shown on the endorsed plans must not be altered or modified without the prior written consent of the Responsible Authority.
2. Before the development is occupied, or by such later date as approved in writing by the Responsible Authority, all screening and other measures to prevent overlooking as shown on the endorsed plans must be installed to the satisfaction of the Responsible Authority.
3. All screening and other measures to prevent overlooking as shown on the endorsed plans must be maintained to the satisfaction of the Responsible Authority.
4. Before the building is occupied, or by such later date as approved in writing by the Responsible Authority, all new on-boundary walls must be cleaned and finished to the satisfaction of the Responsible Authority.
5. All buildings and works must be maintained in good order and appearance to the satisfaction of the Responsible Authority.
6. All pipes, fixtures, fittings and vents servicing any building on the land must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority.
7. Before the building is occupied, or by such later date as approved in writing by the Responsible Authority, external lighting capable of illuminating access to the basement car park, pedestrian walkway, laneway and dwelling entrances must be provided. Lighting must be:
   • (a) located;
   • (b) directed;
   • (c) shielded; and
   • (d) of limited intensity,

all to the satisfaction of the Responsible Authority.

1. Before either the construction of the development authorised by this permit or the use authorised by this permit commence, an environmental assessment of the land to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The assessment must be prepared to the satisfaction of the Responsible Authority and by an environmental professional with suitable qualifications and must include:

(a) a description of previous land uses and activities on the land;

(b) an assessment of the level, nature and distribution of any contamination within, or in close proximity to, the land;

(c) details of any provisions, recommendations and requirements (including but not limited to, clean up, construction, ongoing maintenance or monitoring) required to effectively address and manage any contamination within the land; and

(d) recommendations as to whether the land is suitable for the use for which the land is proposed to be developed and whether an Environmental Auditor should be appointed under section 53S of the Environment Protection Act 1970 (EP Act) to undertake an Environmental Audit in accordance with the provisions of the EP Act.

1. If the assessment required by condition 13 does not result in a recommendation that an Environmental Auditor be appointed under section 53S of the EP Act to undertake an Environmental Audit in accordance with the provisions of the EP Act, all provisions, recommendations and requirements of the assessment must be implemented and complied with to the satisfaction of the Responsible Authority.
2. If the assessment required by condition 13 results in a recommendation that an Environmental Auditor be appointed under section 53S of the EP Act to undertake an Environmental Audit in accordance with the provisions of the EP Act, before the construction of the development authorised by this permit or the use authorised by this permit commence, the Environmental Auditor appointed under section 53S of the Environment Protection Act 1970 (EP Act) must undertake an Environmental Audit in accordance with the provisions of the EP Act and issue:
   • (a) a Certificate of Environmental Audit for the land in accordance with section 53Y of the EP Act (Certificate); or
   • (b) a Statement of Environmental Audit for the land in accordance with section 53Z of the EP Act (Statement),

and the Certificate or Statement must be provided to the Responsible Authority.

If, pursuant to condition 15, a Statement is issued:

(c) the:

• (i) use; and
• (ii) development,

authorised by this permit must not be undertaken unless the Statement clearly states that the land is suitable for the sensitive use for which the land is being developed;

(d) the development authorised by this permit must not be undertaken until compliance is achieved with the terms and conditions that the Statement states must be complied with before the development commences (development pre-commencement conditions);

(e) the use authorised by this permit must not be undertaken until compliance is achieved with all terms and conditions that the Statement states must be complied with before the use commences (use pre-commencement conditions);

(f) before the construction of the development authorised by this permit commences, a letter prepared by the Environmental Auditor appointed under section 53S of the EP Act which states that the development pre-commencement conditions have been complied with must be submitted to the responsible authority;

(g) before the use authorised by this permit commences, a letter prepared by the Environmental Auditor appointed under section 53S of the EP Act which states that the use pre-commencement conditions have been complied with must be submitted to the responsible authority;

(h) if any term or condition of the Statement requires any ongoing maintenance or monitoring, the owner of the land (or another person in anticipation of becoming the owner) must enter into an agreement with the Responsible Authority pursuant to section 173 of the Planning and Environment Act 1987 (Agreement). The Agreement must:

• (i) provide for the undertaking of the ongoing maintenance and monitoring as required by the Statement; and

• (ii) be executed before the sensitive use for which the land is being developed commences; and

(i) the owner of the land, or other person in anticipation of becoming the owner, must pay all costs and expenses (including legal expenses) of, and incidental to, the Agreement (including those incurred by the Responsible Authority).

1. Within three months of commencement of the development, the owner of the site must submit detailed engineering documentation to the satisfaction of the Responsible Authority and approved by the Responsible Authority and at the full cost of the owner showing the following:

(a) Widening of the carriage way of Judd Street (the section opposite the subject site and excluding adjacent to the retained saw-toothed bay) to a minimum width of 7 metres with no change to the western footpath and must be stripped and re-sheeted, with all line and road markings. The kerb and channel along the east side of Judd Street must be constructed in bluestone.

(b) Provision of a 1.2 metre-wide footpath on the eastern edge of Judd Street for the full length of the subject site excluding the area adjacent to the retained saw-toothed bay with no change to the western footpath.

(c) Relocation of the on-street car parking spaces to the west with each bay being a minimum of 6 metres where adjacent to street trees.

(d) Provision of a minimum of three street trees in Judd Street.

(e) Widening of the east-west link to the north of the site (extending from Judd Street for the full width of the site approximately 26.8m) to a minimum width of 5.5 metres. The east-west link must be stripped and re-sheeted, with reconstruction of the crossover accessing the link from Judd Street.

(f) Provision of a tapered footpath on the southern side of the east-west link extending from Judd Street for the full width of the site approximately 26.8 metres.

(g) Removal of the elevated area in the south west corner of the Council car park that formerly provided access to the subject site, with the ground resurfaced to match the surrounding levels and materials of the adjacent car park surface.

(h) The Judd Street power lines (adjacent to the subject site at a minimum) must be relocated under the Judd Street footpath.

(i) Widening of the access from Bridge Road to the Council car park to be 3.0 - 3.3 metres and include details of drainage, grades, lighting, materials and public art.

1. Before the building is occupied, all works required by condition 16 must be fully constructed and completed by the owner to the satisfaction of the Responsible Authority.

Section 173 Agreement

1. Before the development starts, the owner (or another person in anticipation of becoming the owner) must enter into an agreement with the Responsible Authority under section 173 of the Planning and Environment Act 1987, providing for the following:

(a) The Owner must provide unfettered 24 hour public access over that part of the land to be used for the new Judd Street footpath, the new east-west link footpath and the widened access from Bridge Road to the Council car park;

(b) Until such time as such the land is vested in the Yarra City Council, the owner is responsible for maintaining at all times the areas that are private land open to the public described in condition 19(a) at the cost of the owners of the site and to the satisfaction of the Yarra City Council;

(c) The owner(s) must obtain and maintain insurance, approved by Yarra City Council, for the public liability and indemnify Yarra City Council against all claims resulting from any damage, loss, death or injury in connection with the public accessing the land described in condition 18(a).

The owner, or other person in anticipation of becoming the owner, must meet all of the expenses of the preparation and registration of the agreement, including the reasonable costs borne by the Responsible Authority.

1. Before the development commences, a Wind Assessment Report to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The report must demonstrate that the criterion for walking comfort will be achieved within the property and within surrounding public spaces as a result of the development. When approved, the Wind Assessment Report will be endorsed and will form part of this permit.
2. The provisions, recommendations and requirements of the endorsed Wind Assessment Report must be implemented and complied with to the satisfaction of the Responsible Authority.

1. Before the development commences, an amended Acoustic Report to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the amended Acoustic Report will be endorsed and will form part of this permit. The amended Acoustic Report must be generally in accordance with the Acoustic Report prepared by AECOM but modified to include:
   • (a) road traffic and tram noise ingress. Road traffic and tram noise levels within apartments must not exceed the AS/NZS2107:2000 recommended 'maximum' levels for any single hour, and 50 dBA Lmax indoors to bedrooms;
   • (b) mechanical plant and equipment and other anticipated noise generating activities associated with the commercial tenancies. All plant equipment must comply with the State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade), No. N-1 (SEPP N-1) and achieve acceptable levels of acoustic amenity within apartments. Refer to the AAAC 'Guideline for Apartment and Townhouses Acoustic Rating', 2010 for amenity targets;
   • (c) airborne noise and structure-borne noise and vibration from the pool and shared public areas. Vibration isolation must be provided to the pool and shared decks to minimise impacts to nearby apartments;
   • (d) internal building services including the substation, carpark exhaust fans, carpark entrance door, bin chute. Noise from these items must comply with SEPP N-1. Refer to the AAAC 'Guideline for Apartment and Townhouses Acoustic Rating', 2010, for amenity targets;
   • (e) the kitchen exhaust fans at 179 Bridge Road. Noise from the existing roof mounted fans must meet SEPP N-1 at the façade of the potentially most affected apartment. If an exceedance is measured or predicted, options for achieving compliance with SEPP N-1 or managing the noise impacts must be provided in the report;
   • (f) noise transfer between apartments via shared lightwells. Windows of apartments overlooking a common lightwell must be provided with glazing rated not less than Rw 38 if the lightwell includes openable windows to habitable areas, and Rw 33 if all windows from habitable rooms to the lightwell are fixed.
2. The provisions, recommendations and requirements of the endorsed Acoustic Report must be implemented and complied with to the satisfaction of the Responsible Authority.
3. The development must comply at all times with the State Environment Protection Policy - Control of Noise from Commerce, Industry and Trade (SEPP N-1).

1. Before the development commences, an amended Sustainable Management Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the amended Sustainable Management Plan will be endorsed and will form part of this permit. The amended Sustainable Management Plan must be generally in accordance with the Sustainable Management Plan prepared by Simpson Kotzman dated 16 September 2014, but modified to:

(b) reflect the changes required as per condition 1 (where relevant);

(c) detail pool equipment and efficiency, including considering UV treatment of rainwater to top up the pool;

(d) provide sensor activated lighting for common areas; and

(e) include the additional commitments outlined in the letter prepared by Simpson Kotzman dated 20 May 2015.

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

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.
2. Unless with the prior written consent of the Responsible Authority, waste collection may only occur in the on-site loading zone (lower ground level) between the hours of 9.00 am and 4.00 pm any day.

1. Before the building is occupied, or such later date as is approved by the Responsible Authority, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority.
2. The landscaping shown on the endorsed plans must be maintained by:
   • (a) implementing and complying with the provisions, recommendations and requirements of the endorsed Landscape Plan;
   • (b) not using the areas set aside on the endorsed Landscape Plan for landscaping for any other purpose; and
   • (c) replacing any dead, diseased, dying or damaged plants,

all to the satisfaction of the Responsible Authority.

1. Before the development is occupied, the three street trees in Judd Street must be planted. The three street trees in Judd Street must not be planted over services. Planting must be carried out at the expense of the Permit Holder, (cost of approximately $2,400, including two years of maintenance), to the satisfaction of the Responsible Authority.

1. Before the building is occupied, a Car Park Management Plan prepared to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the Car Park Management Plan will be endorsed and will then form part of this permit. The Car Park Management Plan must address, but not be limited to, the following:

(a) the number and location of car parking spaces allocated to each tenancy;

(b) the number and location of car spaces for shared use, including time of shared use;

(c) the management of visitor car parking spaces and security arrangements for occupants of the development, including details on how residential visitors are to access car parking;

(a) details of way-finding, cleaning and security of end of trip bicycle facilities;

(b) any policing arrangements and formal agreements;

(c) a schedule of all proposed signage including directional arrows and signage, informative signs indicating location of disabled bays and bicycle parking, exits, restrictions, pay parking system etc.;

(d) the collection of waste and garbage including the separate collection of organic waste and recyclables, which must be in accordance with the Waste Management Plan required by Condition 25; and

(e) details regarding the management of loading and unloading of goods and materials.

1. The provisions, recommendations and requirements of the endorsed Car Park Management Plan must be implemented and complied with to the satisfaction of the Responsible Authority.
2. Before the building is occupied, the area set aside on the endorsed plans for the car parking spaces, access lanes, driveways and associated works must be:

(a) constructed and available for use in accordance with the endorsed plans; and

(b) formed to such levels and drained so that they can be used in accordance with the endorsed plans

1. Unless with the prior written consent of the Responsible Authority, resident loading within the lower ground floor loading zone (adjacent to the vehicular entry) must not occur between 8.00 am and 9.00 am and between 5.00 pm and 6.00 pm any day.

1. Before the occupation of the development, a Green Travel Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the Green Travel plan will be endorsed and will form part of this permit. The Green Travel Plan must include, but not be limited to, the following:

(a) describe the location in the context of alternative modes of transport;

(b) the provision of real time passenger information displays for nearby stops within each residential lobby;

(c) employee/resident welcome packs (e.g. provision of Met Cards/Myki);

(d) a designated 'manager' or 'champion' responsible for co-ordination and implementation;

(f) details of GTP funding and management responsibilities; and

(g) include provisions to be updated not less than every 5 years.

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

1. Before the development commences, a Construction Management Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will form part of this permit. The plan must provide for:

(a) a pre-conditions survey (dilapidation report) of the land and all adjacent Council roads frontages and nearby road infrastructure (including Leggo Place);

(b) works necessary to protect road and other infrastructure;

(c) remediation of any damage to road and other infrastructure;

(d) containment of dust, dirt and mud within the land and method and frequency of clean up procedures to prevent the accumulation of dust, dirt and mud outside the land;

(e) facilities for vehicle washing, which must be located on the land;

(f) the location of loading zones, site sheds, materials, cranes and crane/hoisting zones, gantries and any other construction related items or equipment to be located in any street;

(h) management of any environmental hazards including, but not limited to:

(i) contaminated soil;

(ii) materials and waste;

(iii) dust;

(iv) stormwater contamination from run-off and wash-waters;

(v) sediment from the land on roads;

(vi) washing of concrete trucks and other vehicles and machinery; and

(vii) spillage from refuelling cranes and other vehicles and machinery;

(b) the construction program;

(c) preferred arrangements for trucks delivering to the land, including delivery and unloading points and expected duration and frequency;

(d) parking facilities for construction workers;

(e) measures to ensure that all work on the land will be carried out in accordance with the Construction Management Plan;

(f) an outline of requests to occupy public footpaths or roads, or anticipated disruptions to local services;

(g) an emergency contact that is available for 24 hours per day for residents and the Responsible Authority in the event of relevant queries or problems experienced;

(h) the provision of a traffic management plan to comply with provisions of AS 1742.3-2002 Manual of uniform traffic control devices - Part 3: Traffic control devices for works on roads; and

(i) a Noise and Vibration Management Plan showing methods to minimise noise and vibration impacts on nearby properties and to demonstrate compliance with Noise Control Guideline 12 for Construction (Publication 1254) as issued by the Environment Protection Authority in October 2008. The Noise and Vibration Management Plan must be prepared to the satisfaction of the Responsible Authority. In preparing the Noise and Vibration Management Plan, consideration must be given to:

• (i) using lower noise work practice and equipment;
• (ii) the suitability of the land for the use of an electric crane;
• (iii) silencing all mechanical plant by the best practical means using current technology;
• (iv) fitting pneumatic tools with an effective silencer; and
• (v) other relevant considerations.

1. During the construction:
   • (a) any stormwater discharged into the stormwater drainage system must be in compliance with Environment Protection Authority guidelines;
   • (b) stormwater drainage system protection measures must be installed as required to ensure that no solid waste, sediment, sand, soil, clay or stones from the land enters the stormwater drainage system;
   • (c) vehicle borne material must not accumulate on the roads abutting the land;
   • (d) the cleaning of machinery and equipment must take place on the land and not on adjacent footpaths or roads; and
   • (e) all litter (including items such as cement bags, food packaging and plastic strapping) must be disposed of responsibly.
2. Before the building is occupied, or by such later date as approved in writing by the Responsible Authority, any damage to Council infrastructure resulting from the development must be reinstated:

(b) to the satisfaction of the Responsible Authority.

1. Any damaged roads, footpaths and other road related infrastructure adjacent to the development site as a result of the construction works, including trenching and excavation for utility service connections, must be reconstructed to Council's satisfaction and at the Permit holder's expense.
2. Before the building is occupied, or by such later date as approved in writing by the Responsible Authority, any redundant vehicular crossing must be demolished and re-instated as standard footpath and kerb and channel:

(b) to the satisfaction of the Responsible Authority.

1. Except with the prior written consent of the Responsible Authority, Council assets must not be altered in any way.
2. After the connections for underground utility services and prior to the occupation of the development, the footpath immediately outside the property's Judd Street and Bridge Road frontages must be reconstructed (matching existing levels and materials) to Council standard and at the Permit holder's expense.
3. Prior to the occupation of the development, the footpath adjacent to the site along Bridge Road must be reconstructed to Council standards and must be DDA compliant. The new footpath must have a cross-fall of no steeper than 1 in 40, with the top of the kerb levels as control points. The cost of the footpath must be at the expense of the Permit Holder and to the satisfaction of the Responsible Authority.
4. Pit lids and levels are to be readjusted to match the surface of the footpath, to the satisfaction of the Responsible Authority.
5. No parking restriction signs are to be removed, adjusted, changed or relocated without approval or authorisation from the Responsible Authority.
6. Except with the prior written consent of the Responsible Authority, demolition or construction works must not be carried out:

(a) before 7 am or after 6 pm, Monday-Friday (excluding public holidays);

(b) before 9 am or after 3 pm, Saturdays and public holidays (other than ANZAC Day, Christmas Day and Good Friday); or

(c) at any time on Sundays, ANZAC Day, Christmas Day and Good Friday.

1. The permit holder must take all reasonable steps to ensure that disruption to tram operation along Bridge Road is kept to a minimum during the construction of the development. Foreseen disruptions to tram operations during construction and mitigation measures must be communicated to Yarra Trams and Public Transport Victoria fourteen days (14) prior. Any damage to public transport infrastructure must be rectified to the satisfaction of Public Transport Victoria at the full cost of the permit holder.

1. This permit will expire if one of the following circumstances applies:
   • (a) The development is not started within two years of the issued date of this permit.
   • (b) The development is not completed within four years of the issued date of this permit.
   • (c) The uses are not started within five years from the issued 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] LPD Property Pty Ltd v Yarra CC [2015] VCAT 1409.