(a) Removal (in part) of the existing party wall along the south boundary in the portion located above the proposed ground floor level and to the south of that part of the first and second floor levels where a setback of 1.12m to new built form is proposed;

(b) A reduction in the overall height of the building by at least:

1. 600mm to that portion of the development west of the roof-top staircase to so that the parapet height is lowered from RL21.94m to a maximum height of RL21.34m AHD;
2. 400mm to the remaining portion of the development so that the parapet height is lowered from RL21.54m to a maximum of RL21.14m AHD;

(c) Deletion of the roof top terrace together with the roof-top stair structure and balustrade/privacy screen. If any roof top access is necessary, then this is only allowed for persons engaged in building maintenance and servicing of roof top equipment. Any such access structure is to comprise a hinged access hatch on the roof with any safety railing to meet relevant regulatory work safety requirements. All relevant structures are to be shown on the plans and are to be located in the area above stair 2 with a plan notation that roof-top access is only allowed for persons engaged in building maintenance and servicing of roof top equipment;

(d) Apartment 1's bedroom 2 is to have its internal dimension increased from 2.5m to 2.8m (excluding the wardrobe) through internal modifications that may include a reduction in the width of corridors and circulation space (no increase in the size of the building footprint or length of the south boundary wall is permitted);

(e) Provision of openable windows (hinged or designed to limit overlooking into existing areas of private open space or habitable windows) to meet standard D29 at clause 58.07-4 for natural ventilation;

(f) The use of obscure glazing to balustrades along the south side of the dwellings' balconies to a height of 1.7m above their finished floor level;

(g) The use of obscure glass to a height not less than 1.7m above floor level, or other screening devices accompanied by cross-sections demonstrating their efficacy, to limit overlooking into any existing secluded private open space or habitable room windows within 9 metres of Apartment 1's (first floor) south facing kitchen/meals window and west facing bedroom window;

(h) The east and west elevations correctly labelled;

(i) References to 'Dutton Lane' changed to 'Laneway';

(j) Provision of a north arrow on the plans;

(k) Updated section (Drawing A105) showing the correct location and labelling of the storage room and DDA bathroom;

(l) All storage areas in the first-floor apartment are to be designed accord with Standard D21 of Clause 58.05-4 (Storage) of the Moonee Valley Planning Scheme;

(m) The provision of swept path diagrams demonstrating that a B99 design vehicle can access the parking space without the need for corrective movements and/or any alterations required to achieve suitable access (i.e. access door widened, car parking space deleted);

(n) The clearance distance between any car parking space and columns/walls dimensioned;

(o) The provision of at least one on-site bicycle parking space to each dwelling;

(p) An amended STORM report and all stormwater treatment measures and associated annotations as a result of Condition 3;

(q) All BESS annotations and measures in accordance with Condition 4;

(r) An amended Landscape Plan in accordance with Condition 9; and

(s) An amended Waste Management Plan in accordance with Condition 10.

When approved, these plans will be endorsed and will form part of this permit.

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

1. Stormwater from the development must be treated to meet the water quality performance objectives set out in the Urban Stormwater Best Practice Environmental Management Guidelines, Victoria Stormwater Committee 1999 (Guidelines), as amended. The performance objectives of the Guidelines must be met entirely on site as demonstrated by a Water Sensitive Urban Design (WSUD) assessment report(s) submitted to and approved by the Responsible Authority; except that with the written consent of the Responsible Authority, up to 20% of treatment may be delivered offsite as demonstrated by a WSUD assessment report(s) submitted to and approved by the Responsible Authority.
2. A BESS report must be submitted simultaneously with the submission of amended plans for approval in Condition 1 and be consistent with the provisions of Clause 15.01-2L (Environmentally sustainable development) of the Moonee Valley Planning Scheme. The BESS report must be a 'published' version, achieve all minimum requirements, meet best practice standards and be to the satisfaction of the Responsible Authority for approval. Once approved the BESS report is to be implemented and appropriately managed during construction of the proposed development.
3. A minimum 30 days prior to any buildings or works commencing, all WSUD details (relating to the WSUD treatment measures nominated in the approved and complying STORM report), such as cross sections and/or specifications, to assess the technical effectiveness of the proposed stormwater treatment measures, must be submitted for approval by the Responsible Authority.
4. A maximum 30 days following completion of the development, a WSUD Maintenance Program must be submitted to and approved by the Responsible Authority which sets out future operational and maintenance arrangements for all WSUD measures. The program must include, but is not limited to:

(a) Inspection frequency;

(b) Cleanout procedures;

(c) As installed design details/diagrams including a sketch of how the system operates; and

1. Before the issue of an occupancy permit for any dwelling, or at such later time as allowed in writing by the Responsible Authority, a report confirming completion and commissioning of all WSUD Response treatment measures written by the author of the WSUD Response and STORM or MUSIC model approved pursuant to this permit, or licensed installing/commissioning plumber, or similarly qualified person or company must be submitted to the Responsible Authority. This report must be to the satisfaction of the Responsible Authority and must confirm that all WSUD treatment measures specified in the WSUD Response and STORM or MUSIC model have been completed and implemented in accordance with the approved report.
2. The WSUD Maintenance Program may form part of a broader Maintenance Program that covers other aspects of maintenance such as a Building User's Guide or a Building Maintenance Guide.

1. Concurrent with the submission of plans for endorsement under Condition 1, and before any trees or vegetation are removed, an amended landscape plan and schedule to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The amended landscape plan and schedule must be prepared by a person or firm with suitable qualifications to the satisfaction of the Responsible Authority, drawn to scale and an electronic copy must be provided. The amended landscape plan and schedule must be generally in accordance with the landscape plan submitted with the application but modified to show:

(a) Any changes in accordance with Condition 1 of this permit;

(b) A planting schedule of all proposed vegetation (trees, shrubs and ground covers), which includes botanical names, common names, pot size, mature size and total quantities of each plant;

(c) The use of drought tolerant species;

(d) The provision of additional and denser landscaping at the roof terrace, including the provision of canopy trees, where practicable;

(e) All ESD design solutions in accordance with the successful STORM/BESS reports; and

(f) An appropriate irrigation system.

When approved the amended landscape plan and schedule will be endorsed and will form part of this permit.

Landscaping in accordance with the endorsed landscape plan and schedule must be completed before the building is occupied and maintained thereafter, to the satisfaction of the Responsible Authority.

1. Before the development starts, an amended Waste Management Plan to the satisfaction of the Responsible Authority must be submitted in an electronic format and approved by the Responsible Authority. The amended Waste Management Plan is to nominate private waste collection in accordance with Moonee Valley City Council's 'Recycling and Waste Management Plans - Guidelines for Planning Applicants' and must:

(a) Be modified in accordance with Condition 1 of this permit;

(b) Require the collection contractors to transport the bins to and from the waste room at the time of collection;

(c) Include diagrams of the bin room consistent with the development plans;

(d) Demonstrate adequate space in the proposed bin store room for any Food Organics Gardens Organics (FOGO) and glass bins, as required;

(e) Adopt the waste generation rates calculated using Moonee Valley City Council's 'Recycling and Waste Management Plans - Guidelines for Planning Applicants', and bin sizes determined accordingly; and

(f) Include a diagram of the bin movements from the waste storage room to the truck propping location.

When approved, the amended Waste Management Plan will be endorsed and will form part of this permit.

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

1. A minimum 30 days prior to any building and works commencing including any demolition works, a Construction and Site Management Plan (CSMP) must be submitted to and be approved by the Responsible Authority detailing the construction activity proposed and the site and environmental management methods used. The CSMP must be in accordance with the Moonee Valley City Council's CSMP guidelines and template.

When approved, the CSMP will be endorsed and will form part of this permit.

The development must be carried out in accordance with the endorsed CSMP and the provisions, requirements and recommendations of the endorsed CSMP must be implemented and complied with to the satisfaction of the Responsible Authority.

1. Prior to the issue of a Building Permit in relation to the development approved by this permit, a Development Infrastructure Levy and/or Community Infrastructure Levy must be paid to Moonee Valley City Council in accordance with the approved Moonee Valley Development Contributions Plan December 2023.
2. If an application for subdivision of the land in accordance with the development approved by this permit is submitted to Council, payment of the Development Infrastructure Levy can be delayed to a date being prior to the issue of a Statement of Compliance for the subdivision.

Residential Reticulated Gas Service Connection Condition

1. Any new apartment development allowed by this permit must not be connected to a reticulated gas service (within the meaning of clause 53.03 of the relevant planning scheme). This condition continues to have force and effect after the development authorised by this permit has been completed.

1. The water sensitive urban design treatments as specified within the Water Sensitive Urban Design (WSUD) assessment report(s) submitted to and approved by the Responsible Authority must be implemented on site prior to the occupation of the development unless an alternative agreement is reached with the Responsible Authority.
2. Before the building approved by this permit is occupied, all boundary walls must be cleaned and finished to the satisfaction of the Responsible Authority if the occupier of the adjoining land allows access for the purpose.
3. Floor levels shown on the endorsed plans must not be altered or modified without the prior written consent of the Responsible Authority.
4. Before the building approved by this permit is occupied, any privacy screens and other measures to prevent overlooking as shown on the endorsed plans must be installed to the satisfaction of the Responsible Authority.
5. All privacy screens and other measures to prevent overlooking as shown on the endorsed plans must at all times be maintained to the satisfaction of the Responsible Authority.
6. All pipes, fixtures, fittings, ducts and vents servicing any building on the land, other than storm water down pipes and gutters above the ground floor storey of the building, must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority.
7. Before the building approved by this permit is occupied, concrete vehicular crossing(s) must be constructed to suit the proposed driveway(s) in accordance with the Responsible Authority's specification and any obsolete, disused or redundant vehicle crossing(s) must be removed and the area reinstated to footpath, nature strip and kerb and channel to the satisfaction of the Responsible Authority.
8. All vehicle access points must be located a minimum of 1.0 metre from any infrastructure including service pits. Alternatively, such assets may be incorporated into the crossover with the prior written consent of the Responsible Authority and the relevant servicing authority/agency. Subsequent works and costs in association with relocation and/or amendment must be incurred at the owner's cost, to the satisfaction of the relevant servicing authority/agency and the Responsible Authority.
9. Before occupation of the building approved by this permit, the areas set aside for the parking of vehicles, together with the associated driveways and access lanes as shown on the endorsed plans must be:

(a) Constructed;

(b) Available for use in accordance with the endorsed plans;

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

(d) Finished with a permanent trafficable surface (such as concrete, asphalt or paving);

in accordance with the endorsed plans to the satisfaction of the Responsible Authority.

1. The area set aside for the parking of vehicles, together with the associated driveways and access lanes as shown on the endorsed plans must be maintained and made available for the approved use and not be used for any other purpose, to the satisfaction of the Responsible Authority.
2. Provision must be made for the drainage of the land including landscaped and pavement areas. The discharge of water from the land must be controlled around its limits to prevent any discharge onto any adjoining or adjacent property or streets other than by means of an underground pipe drain which is discharged to an approved legal point of discharge to the satisfaction of the Responsible Authority.
3. The garden areas shown on the endorsed plan and schedule must only be used as gardens and must be constructed, completed and maintained in a proper, tidy and healthy condition to the satisfaction of the Responsible Authority. Any tree or shrub damaged, removed or destroyed must be replaced by a tree or shrub of similar size and variety to the satisfaction of the Responsible Authority.

(a) The development does not start within two (2) years of the date of issue of this permit, or

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

In accordance with Section 69 of the Planning and Environment Act 1987 (Vic), a request may be submitted to the Responsible Authority within the prescribed timeframes for an extension of the periods referred to in this condition.

[1] This is erroneously described in the plans and other material as Dutton Lane.

[2] This is not disputed by the parties. The covenants date from 1883 and 1884 in Transfer 0124593 and 0139376. The restrictions in the covenant relate to the use of the land for a 'brewery, distillery, Public-house or other Place for the sale storage or manufacture of spiritous or fermented liquors'.

[3] The submissions 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.

[4] Other than an adult sex product shop which is not proposed in this application.

[5] See clause 71.02-3 of the planning scheme.

[7] And described in the Tribunal's interim order.