To construct a building or construct or carry out works in the Land Subject to Inundation Overlay Schedule 2

1. Within three months of the issue of this amended permit revised 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 the permit. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans TP.100, TP.109-TP.111, TP.202, TP.203, TP.300, TP.301 and TP.700, all Rev V2, dated 8/10/2025 and prepared by Rob Mills Architecture and Interiors but modified to show:

(a) Reduce the building height so that it does not exceed 7.5 metres in height above natural ground level.

(b) The north elevation of the retained shed showing the detail of additional works above the existing wall.

(c) Additional details on the architectural elevations to show ceiling height, floor height, spandrel height and setbacks to the ground floor eaves (or prow) and first floor roof.

(d) Modifications to the eastern end of the front fence along Talbot Street to introduce a metal rod (or similar) atop the retaining wall elements.

(e) The driveway to be in either concrete or asphalt and demonstrated to be able to drain to the satisfaction of the Responsible Authority.

(f) Deletion of works within the SLO16 land and consequential modification to the sunken lounge as necessary.

1. Concurrent with the submission of architectural plans under Condition 1, a revised landscape plan 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 the permit. The plans must be drawn to scale with dimensions and must be generally in accordance with the basement (December 2024), ground (February 2025) and first floor (December 2024) landscape plans prepared by Ben Kaye Garden Design.

(a) Deletion of landscaping within the SLO16 land and any consequential modifications as necessary.

(b) One additional Tolley Upright Olive provided to the east of the row of Tolley Upright Olives proposed along the southern boundary.

1. The development as shown on the endorsed plan(s) must not be altered without the written consent of the responsible authority.

1. Within three months of the occupation of the dwelling, the landscaping works as shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority.

The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority.

Verification of buildings set out and roof levels

1. A written statement from a licensed surveyor must be submitted for approval to the responsible authority confirming:

(a) That the roof levels do not exceed the roof levels specified on the endorsed plans The statement must be submitted to the responsible authority at completion of the set out of the building and at the completion of the frame of the building.

The statement must be submitted to the responsible authority at completion of the set out of the building and at the completion of the frame of the building.

1. All external plant and equipment must be acoustically treated or placed in soundproof housing to reduce noise to a level satisfactory to the responsible authority.
2. All air-conditioning units are to be placed in an appropriate location or alternatively acoustically treated to reduce noise to a level satisfactory to the responsible authority.

1. Prior to the occupation of the dwelling, the developer must:

(a) Construct the site stormwater system including separate connection into the underground drain in Talbot Street, or other nominated point/s as approved by the responsible authority. The stormwater connection must be in accordance with City of Greater Geelong Standard Drawings.

(b) Construct vehicular crossings in accordance with the requirements and standards of the City of Greater Geelong.

(c) Remove any redundant vehicular crossings with kerb and channel and the footpath/nature strip area reinstated to match existing construction in the street.

all to the satisfaction of the responsible authority

1. The site stormwater system must be designed and installed such that:

(a) Runoff is to be treated to achieve current best practice pollutant removal targets by connection to an appropriate Water Treatment Facility, with capacity to treat at least a 3 month ARI storm event, unless approved otherwise by the responsible authority. The Water Treatment Facility must be maintained to the satisfaction of the responsible authority.

1. Unless otherwise approved by the Responsible Authority and prior to the Commencement of the Development / Issuing of Statement of Compliance, the land owner must enter an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987 (Vic). All costs associated with setting up the agreement must be borne by the land owner. The agreement is to be registered on title and run with the land, and is to provide to the satisfaction of the Responsible Authority:

(a) All storm water runoff is to be collected on site and discharged to the legal point of discharge using a pump system or as otherwise nominated by the responsible authority. The pump system is to be designed and constructed in accordance with Australian Standard 3500 Part 3.2 Section 9.

(b) In the event of any operational difficulties with the pump system, it is the responsibility of the land owner to rectify these difficulties.

(c) Any pump system is to be replaced by gravity discharge if and when available, and if directed by the responsible authority, at the land owner's full cost.

(d) Provision is made (if appropriate) in any subdivision for Body Corporate drainage works, and access to those drainage works to be on common property or within an easement in favour of the Body Corporate.

1. The finished floor level of the dwelling be constructed no lower than 2.37 metres to Australian Height Datum (AHD) i.e., 300 millimetres above the 1% AEP flood level.

1. This permit as it relates to the development of buildings will expire if one of the following circumstances applies:

(a) The development of the building(s) hereby approved has not commenced within two (2) years of the date of this permit.

(b) The development of the building(s) hereby approved is not completed within four (4) years of the date of this permit.

The responsible authority may extend the periods referred to if a request is made in writing before the permit expires; or

(c) Within six (6) months after the permit expires where the use or development has not yet started; or

(d) Within twelve (12) months after the permit expires, where the development allowed by the permit has lawfully commenced before the permit expiry.

[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] I have adopted the maximum building height nominated by Council. They say this height is derived from the parapet height of AHD 10.6. They say it equates to a height of 1.2 metres or a height of 8.681 metres.

[6] An amendment 'B' application was withdrawn.

[7] [2021] VSC 722.

[8] Wattleview Pty Ltd v Yarra CC [2025] VCAT 24 and Creative Property Developments Pty Ltd v Stonnington CC [2023] VCAT 691.

[10] Roberston respondent submission [33].

[11] Applicant's Addendum submission [13].

[13] Pioneer Concrete (Qld) Pty Ltd v Brisbane City Council (1980) 145 CLR 485.

[14] Rowcliff Pty Ltd v Stonnington CC [2005] VCAT 1535.

[17] Agreement AY529650E and AL782866B.

[29] The respondents say this includes swimmers, paddlers, fishers, sailors, children, families and dog walkers.

[31] PP-633-2024 was issued on 3 December 2024.