(a) articulation of the south-east facing first-floor and second-floor walls of Dwelling TH4

(b) a canopy (or similar) over the pedestrian entry to Dwellings TH5, TH6, TH7 and TH8;

(c) the eastern elevation of Dwellings TH1 and TH9 correctly depicted to show the solid walls on the southern side of the respective balconies;

(d) the level difference between adjacent garages not exceeding 150mm unless an island is provided between the garages with a gradient of 1:8, to the satisfaction of the responsible authority;

(e) details of any fencing treatments to the bin enclosure;

(f) the pedestrian path set back a minimum of 500mm from the eastern boundary;

(g) deletion of the solid brick/rendered wall to the balconies of Dwelling TH2 and Dwelling TH3 and replacement with glass balustrading;

(h) a direction sign adjacent (or proximate) to the pedestrian gate which provides access to Dwellings TH5, TH6, TH7, TH8 & TH9, directing pedestrians to those dwellings. The sign must not be illuminated;

(i) sensor lights to the front entries and garage openings of each dwelling;

(j) a notation stating tree protection must be undertaken in accordance with the endorsed Tree Protection and Management Plan and to the satisfaction of the responsible authority;

(k) all water tanks, shed, and services located outside the Tree Protection Zone of any tree to be retained, unless otherwise agreed to by the responsible authority.

1. The development as shown on the approved plans must not be altered without the written consent of the responsible authority.

1. Concurrent with the submission of plans for endorsement under condition 1, an amended landscape plan to the satisfaction of the responsible authority must be submitted to, and be approved by, the responsible authority. When approved, the landscape plan will be endorsed and will then form part of the permit. The plan must be generally in accordance with the landscape plan prepared by Sun 'n' Shade Pty Ltd, dated 18/02/2025, but modified to show:

(a) consistency with any relevant changes to the development layout as shown on the plans required by condition 1;

(b) existing trees to be retained and/or removed as shown on the plans required by condition 1;

(c) the location and extent of retaining walls and fencing as shown on the plans required by condition 1;

(d) a minimum of four (4) large canopy trees capable of reaching a minimum mature height of 15.0 metres on the site along the Manningham Road frontage;

(e) a minimum of one (1) canopy tree capable of reaching a minimum mature height of 8.0 metres within the front setback of Dwellings TH1, TH2, TH3 and TH4;

(f) a minimum of one (1) canopy tree capable of reaching a minimum mature height of 8.0 metre in the private open space of Dwellings TH5, TH6, TH7 and TH8;

(g) all proposed large trees at a minimum 100L pot size and 2.5m tall at time of planting. The remaining trees must be a minimum of 40L pot size and 1.5 metre tall at time of planting;

(h) screen planting along the south-western boundary capable of growing to a minimum mature height of 5.0 metres, and a minimum height of 1.0 metre at time of planting;

1. Concurrent with the submission of plans for endorsement under condition 1, an amended Sustainable Design Assessment must be submitted to the responsible authority for approval. When approved, the Sustainable Design Assessment will be endorsed and will then form part of the permit. The Sustainable Design Assessment must be to the satisfaction of the responsible authority and must be generally in accordance with the Sustainable Design Assessment prepared by I B E Consulting, dated 14/02/2024 but modified to show:

(a) consistency with any relevant changes to the development layout as shown on the plans required by condition 1;

(b) a STORM rating of at least 100%, unless to the satisfaction of the responsible authority;

(c) improve rainwater tank water supply reliability to at least 80% by increasing the rainwater tank size;

(d) concrete to be specified with recycled aggregate where appropriate and recycled water used in the manufacture;

(e) all fabricated structural steelwork to be supplied by a steel fabricator/contractor accredited to the Environmental Sustainability Charter of the Australian Steel Institute;

(f) all timber used on site to be PEFC or FSC certified.

1. Concurrent with the submission of plans for endorsement under condition 1, a Tree Protection and Management Plan prepared by a suitably qualified arborist detailing how the trees to be retained will be protected during construction and which generally follows the layout of Section 5 of AS4970 Protection of trees on development sites, must be submitted to the responsible authority for approval. When approved the Tree Protection and Management Plan will be endorsed and form part of the permit. The Tree Protection and Management Plan must be to the satisfaction of the responsible authority and must include:

(a) a map of the ground floor development plan showing the Tree Protection Zone and Structural Root Zone for all trees to be retained along with the location of protective fencing and/or areas where ground protection systems will be used;

(b) details of any proposed works within a Tree Protection Zone and construction controls required to reduce the impacts to retained trees;

(c) a statement advising any removal or pruning of Council owned trees must be undertaken by Council approved contractor;

(d) an inspection timeframe (minimum frequency of every 3 months), with a compliance checklist to be signed and dated by the developer's project arborist and project manager/foreperson.

1. Concurrent with the submission of plans for endorsement under condition 1, a Waste Management Plan to the satisfaction of the responsible authority must be submitted to the responsible authority for approval. When approved, the Waste Management Plan will be endorsed and will then form part of the permit. The Waste Management Plan must include, but is not limited to:

(a) details of the nominated waste collection vehicle;

(b) swept path diagrams showing the nominated waste collection vehicle can enter and exit and operate within the site;

(c) private collection.

1. Before the development starts a Construction Management Plan to the satisfaction of the responsible authority must be submitted to, and be approved by, the responsible authority. When approved the Construction Management Plan will be endorsed and will then form part of the permit
2. The owner must use appropriate site management practices to prevent the transfer of mud, dust, sand or slurry from the site into drains or onto nearby roads, to the satisfaction of the responsible authority. In the event that a road or drain is affected, the owner must upon direction of the responsible authority take the necessary steps to clean the affected portion of road or drain to the satisfaction of the responsible authority.
3. The extent and depth of cut and fill must not exceed that shown on the endorsed plans without the written consent of the responsible authority.

1. The development and any measures to be implemented must always accord and comply with the management plans and reports endorsed under this permit, unless modified with the prior written consent of the responsible authority.

1. Before the development starts, an engineering plan for an on-site stormwater detention system to the satisfaction of the responsible authority must be submitted to, and be approved by, the responsible authority. When approved the plan will be endorsed and will then form part of the permit. The plan must depict an on-site stormwater detention storage or other suitable system (which may include but is not limited to the re-use of stormwater using rainwater tanks) that is designed in accordance with Manningham City Council's On-Site Stormwater Detention Guidelines (March 2021) to the satisfaction of the responsible authority.
2. The development must not be occupied unless the on-site stormwater detention system is installed in accordance with the engineering plan endorsed under this permit to the satisfaction of the responsible authority. The on-site stormwater detention system must be maintained to the satisfaction of the responsible authority.
3. All rainwater tanks must be connected to the on-site stormwater detention system for any overflow to the satisfaction of the responsible authority.

1. The development must not be occupied unless the development and all landscaping are completed in accordance with the endorsed plans to the satisfaction of the responsible authority.
2. The dwellings must not be occupied unless all screening measures are constructed and installed in accordance with the endorsed plans and to the satisfaction of the responsible authority. Any non-permanent screening measures (such as obscure film or spray) must not be used instead of any required fixed and permanent screening measures.

1. Except for vegetation shown on the endorsed plans to be removed, no vegetation may be removed, destroyed or lopped, unless with the written consent of the responsible authority.
2. All tree and/or vegetation protection fencing must be maintained in good condition until the completion of the construction works on the land to the satisfaction of the responsible authority.
3. The owner must ensure that contractors/tradespersons who install services or work near the vegetation to be retained are made aware of the need to preserve the vegetation and to minimise impacts through appropriate work practices.

1. Stormwater must not be discharged from the land other than to the legal point of discharge or other approved means to the satisfaction of the responsible authority. Before any connection is made to a Council-maintained asset, a 'Connection to Council Drain Permit' must be approved by the responsible authority.
2. The whole of the land, including landscaped and paved areas, must be graded and drained to prevent ponding and to minimise overland flows onto adjoining properties to the satisfaction of the responsible authority.

1. Except with the written consent of the responsible authority, all services associated with the development, including water, electricity, gas, sewerage and telephone, must be installed underground.
2. All pipes must be concealed, with the exception of roofing downpipes and external pipes associated with water tanks, which (where exposed) must be finished in a colour complementing the wall surface to the satisfaction of the responsible authority.

1. Before the development is occupied, all new vehicular crossing(s) must be constructed as depicted on the endorsed plans and any redundant existing vehicular crossing(s) must be removed and the kerb, channel, footpath and nature strip (as relevant) must be reinstated at the full cost of the owner and to the satisfaction of the responsible authority.

1. Buildings, paved areas, drainage and landscaping must be maintained to the satisfaction of the responsible authority.

1. This permit will expire if one of the following circumstances applies:

(a) The development is not started within two (2) years of the date of this permit; and

(b) The development 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 by the owner or occupier either before the permit expires or in accordance with Section 69 of the Planning and Environment Act 1987 (Vic).

[1] Pursuant to the transitional provisions at clause 32.07-6, clause 55 as in force immediately before the approval date of Amendment VC267 on 31 March 2025 applies as the application for a planning permit was lodged before that date.

[2] 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.

[3] The minimum land size specified for the subject land is 1800 square metres.

[4] Clause 55 provides that is a development meets standard B6, B7, B8, B17, B18, B19, B20, B21, B22, B27, B28, B30 or B32, it is deemed to meet the objective for that standard.