1. Correct labelling of elevations.
2. Setback of Room 8 a minimum of 3m from the Skipton Road boundary.

1. Installation of lift and stair access directly from the basement to the child care centre building.

1. Location and type of car parking space availability indicator system.
2. Provision of pedestrian protection to the lift/stairwell entrance in the basement.
3. Modification of the basement to provide a minimum 1.0 m wide pedestrian access strip against the southern wall.
4. An open fence design to the street frontages. The fence design must provide for a minimum of 0.5m landscaping between the fence panels and the boundary in Skipton Road.
5. The location of electricity, gas and water meters suitably painted and/or screened to compliment the architecture of the approved development.
6. The provision of an acoustic fence to the western and northern boundaries.
7. A car parking allocation plan identifying a minimum of 14 car spaces to be designated for parent drop off and pick up between 7 am and 9.45 am and 3pm and 5pm.
8. Any changes to the access ramp and basement layout required as a result of Condition 33.

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

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

No more than 140 children may be care for in the childcare centre unless the Responsible Authority consents in writing.

The maximum number of staff permitted must not exceed 24 staff at any time.

A landscape plan prepared by a Landscape Architect or a suitably qualified or experienced landscape designer, drawn to scale and dimensioned must be submitted to and approved by the Responsible Authority prior to the commencement of any works. The plan must be generally in accordance with the plan prepared by John Patrick dated July 2011 but modified to show the proposed landscape treatment of the site including:-

• the location of all existing trees.
• provision of canopy trees with spreading crowns located throughout the site including the major open space areas of the development
• planting to soften the appearance of hard surface areas such as driveways and other paved areas
• a schedule of all proposed trees, shrubs and ground cover, which will include the size of all plants (at planting and at maturity), their location, botanical names and the location of all areas to be covered by grass, lawn, mulch or other surface material
• the location and details of all fencing
• the extent of any cut, fill, embankments or retaining walls associated with the landscape treatment of the site
• details of all proposed hard surface materials including pathways, patio or decked areas
• deletion of seating and play mound in the north west corner of the play area.
• The provision of soft landscaping to the north west corner of the play area.

When approved the plan will be endorsed and will then form part of the permit.

Before the occupation of the buildings allowed by this permit, landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority.

Before the use and development permitted starts, areas set aside for parked vehicles and access lanes as shown on the endorsed plans must be:

(a) constructed to the satisfaction of the Responsible Authority;

(b) properly formed to such levels that they can be used in accordance with the plans;

(c) surfaced with an all-weather sealcoat to the satisfaction of the Responsible Authority;

(d) drained, maintained and not used for any other purpose to the satisfaction of the Responsible Authority;

(e) line-marked to indicate each car space and all access lanes to the satisfaction of the Responsible Authority.

Parking areas and access lanes must be kept available for these purposes at all times.

Vehicles under the control of the operator of the use or the operator's staff must not be parked on the nearby roads.

The loading and unloading of goods from vehicles must be conducted so as not to cause any disturbance to nearby residential properties and must only be carried out between 7am and 7pm to the satisfaction of the responsible authority.

The existing redundant crossings in Kangaroo Road are to be removed and replaced with kerb and channel. The footpath and naturestrip are to be reinstated to the satisfaction of Council.

The ramp, driveway and parking area (apart from parking space dimensions) should be designed in accordance with the Australian Standard for Off - Street Car Parking, AS/NZS 2890.1 to the satisfaction of the Responsible Authority.

unless the Responsible Authority gives consent in writing.

The amenity of the area must not be detrimentally affected by the use or development, through the:

(a) transport of materials, goods or commodities to or from the land;

(b) appearance of any building, works or materials;

(c) emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil;

No form of public address system may be installed so as to be audible from outside the site.

No goods must be stored or left exposed outside the building so as to be visible from any public road or thoroughfare.

No bin or receptacle or any form of rubbish or refuse shall be allowed to remain in view of the public and no odour shall be emitted from any receptacle so as to cause offence to persons outside the land.

Adequate provision shall be made for the storage and collection of garbage and other solid wastes and these facilities are to be located on the site to the satisfaction of the Responsible Authority.

Prior to the commencement of works on the site, the owner shall prepare a Waste Management Plan for the collection and disposal by private contractor of garbage and recyclables for all uses on the site. The Waste Management Plan shall provide for:

1. The method of collection by private contractor of garbage and recyclables for uses;
2. Designation of methods of collection including the need to provide for private services or utilisation of council services;
3. Appropriate areas of bin storage on site and areas for bin storage on collection days;

1. Measures to minimise the impact upon local amenity and on the operation, management and maintenance of car parking areas;

No entrance for use by parents is to be provided to Skipton Road to the satisfaction of the Responsible Authority.

All pick up and drop off of children by car must be carried out in the basement car park to the Satisfaction of the Responsible Authority.

External lighting must be of limited intensity and baffled so that no direct light or glare is emitted outside the site to the satisfaction of the Responsible Authority.

Before the development starts, a construction management plan must be prepared and submitted to the Responsible Authority for approval. The plan must be to the satisfaction of the Responsible Authority. Once approved, the plan must be implemented to the satisfaction of the Responsible Authority. The plan must address the following issues:

1. Construction hours
2. measures to control noise, dust and water runoff;

1. prevention of silt or other pollutants from entering into the Council's underground drainage system or road network;

1. the location of where building materials are to be kept during construction;
2. site security;
3. maintenance of safe movements of vehicles to and from the site during the construction phase;
4. on-site parking of vehicles associated with construction of the development;
5. wash down areas for trucks and vehicles associated with construction activities;
6. cleaning and maintaining surrounding road surfaces;

No new equipment, services, architectural features or structures of any kind, including telecommunication facilities, other than those shown on the endorsed plans shall be permitted above the roof level of the building unless otherwise agreed to in writing by the Responsible Authority.

Disabled access to the building must be provided to the satisfaction of the Responsible Authority. All work carried out to provide disabled access must be constructed in accordance with Australian Standards Design for Access and Mobility AS 1428.1.

All common boundary fences are to be a minimum of 1.8 metres above the finished ground level to the satisfaction of the Responsible Authority. The fence heights must be measured above the highest point on the subject or adjoining site, within 3 metres of the fence line.

Any existing street tree required to be removed must be done so in consultation with Council's Horticulture Division. Any costs incurred by Council including tree removal and replacement costs are to be at the expense of the developer.

Before the development starts, a site layout plan drawn to scale and dimensioned must be approved by the Responsible Authority.

The plans must show a drainage scheme providing for the collection of stormwater within the site and for the conveying of the stormwater to the nominated point of discharge.

The nominated point of discharge is located to the south of the property where the entire site's stormwater must be collected and free drained via a pipe to the Council pit to be constructed to Council Standards. A new pit is to be constructed if a pit does not exist or is not a standard Council pit.

If the point of discharge cannot be located then notify Council's Engineering Division immediately.

All on-site stormwater is to be collected from hard surface areas and must not be allowed to flow uncontrolled into adjoining properties. The on-site drainage system must prevent discharge from driveways onto the footpath. Such a system may include either:

1. trench grates (150mm minimum internal width) located within the property; and/or
2. shaping the driveway so that water is collected in a grated pit on the property: and/or

An acoustic fence designed by a qualified acoustic engineer must be constructed on the northern and western boundaries of the land to the satisfaction of the Responsible Authority.

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, the Responsible Authority, prior to works commencing.

Prior to the commencement of the use a car parking availability system for the basement must be installed to the satisfaction of the Responsible Authority.

Any Council drainage asset along the western boundary of the land must be relocated or the development designed to protect the asset to the satisfaction of the Responsible Authority.

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

• The development is not commenced within two years of the date of this permit; or
• The development is not completed within four years of the date of this permit.

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 along with payment of relevant fee before the permit expires, or within three months afterwards.

[1] Sacred Heart Catholic Girls School is located at the end of Kangaroo Road near Poath Road.

[2] Sheahan & ors v Hobsons Bay CC [2010]VCAT 64

[3] Patrick v Moreland CC [2008] VCAT 722

[4] Sheahan & ors v Hobsons Bay CC [2010]VCAT 64

[5] Graeme Jones Architect v Boroondara CC [2006] VCAT 1264