1. The decision of the Responsible Authority is set aside.
2. In permit application PA0815869 a permit is granted and directed to be issued for the land at 255 Nelson Place Williamstown in accordance with the endorsed plans and the conditions set out in Appendix A, which includes a condition requiring a public open space contribution as agreed by a consent order between the Applicant and the Responsible Authority.

1. This is an application to review the failure by Hobsons Bay City Council ('the Council') to grant a permit within the prescribed time for the subdivision of land, the construction of a new parish centre and the construction of 11 dwellings with associated car parking and landscaping at 255 Nelson Place, Williamstown

1. We gave reasons and issued an Interim Order on 20 April 2009 concluding that a permit should issue for this proposal in accordance with the conditions contained in Appendix A of our Interim Order. This Final Order should be read in conjunction with our Interim Order[1].
2. One draft permit condition remained in dispute between the Applicant and the Responsible Authority, being the requirement for a five percent public open space contribution. Mr Testro and Mr Scally agreed during the hearing they wished to make further submissions on this condition if we determined to grant a permit. Accordingly, we issued orders in our Interim Order granting leave to the Responsible Authority and the Applicant for further written submissions limited to the issue of the proposed condition for a public open space contribution.
3. Our orders also stated if an agreed position on the condition is reached between the Applicant and the Responsible Authority, written advice of this should be provided to the Tribunal and a final order including this condition will be issued.

Consent Order Sought for Public Open Space Contribution

1. We have received written advice from Mr Testro and Mr Scally that the public open space contribution condition has been resolved between the Responsible Authority and the Applicant. Accordingly, they have requested a consent order that the following condition be added into the conditions detailed in Appendix A of our Interim Order:

Prior to a Statement of Compliance being issued by the Responsible Authority, a public open space contribution fee of $110,000 (equivalent to 4.2 percent of the value of the subject land) shall be paid to the Council pursuant to Section 18 of the Subdivision Act 1988.

1. Accordingly, we have issued our Final Order that a permit be issued in accordance with the conditions set out in Appendix A to this order, which are the same conditions contained in Appendix A of our Interim Order as well as the above agreed condition regarding the public open space contribution. Our reasons for granting the permit are explained in our Interim Order.

Construction of 11 double storey dwellings, a new parish centre, associated demolition, buildings and works (including new and upgraded car parking) and the subdivision of the land into 12 lots in accordance with the endorsed plans.

The permit will contain the following conditions:

1. Before the development starts, three copies of revised plans drawn to scale and dimensioned, 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 generally in accordance with the plans submitted with the application but modified to show to the satisfaction of the Responsible Authority:
   • (a) Modifications to accord with the plans approved by Heritage Victoria dated 6 August 2008.
   • (b) A survey plan of the subject land prepared by a licensed land surveyor showing the location of existing boundary fences and any other relevant land features in relation to the title boundaries. Any discrepancies between the plans submitted for endorsement and the survey plan must be rectified to the satisfaction of the Responsible Authority.
   • (c) A schedule of all external materials and finishes. The schedule must show the materials, colour (including two colour samples) and finish of all external walls, roof, fascias, window frames and paving (including car parking surfacing and the driveways and five parish centre car parking spaces incorporating a high quality finish and not plain concrete).
   • (d) The positioning of all plant and equipment (including air conditioning units, heating units, hot water systems, etc) which is proposed to be located externally. Such plant and equipment must be positioned to prevent unreasonable noise and visual impact.
   • (e) The proposed landscape treatment of the site including the location of all existing and proposed species. An emphasis must be placed on maximising the use of native drought tolerant species.
   • (f) Correct locations of the existing street trees on the Pasco Street frontage and suitable tree protection zones.
   • (g) The location of all service meters generally located in the front of each dwelling.
   • (h) If a group electricity metering facility is to be provided, the location and design (including elevations) within the front setback. The structure must be a maximum height of 1.5 metres and designed to minimise the visual impact on the streetscape and possible impacts on pedestrian safety and vehicle traffic. If no group electricity metering facility is to be provided a notation must be included on the plans to confirm this.
   • (i) Provision of a minimum door opening of 5.2 metres for the double carports.
   • (j) Provision of a minimum door opening of 2.6 metres for the single garages.
   • (k) The driveway to the vicar's carport splayed from the laneway to match the carport door opening.
   • (l) Front fencing details along Aitken and Pasco Streets.
   • (m) A subdivision plan that includes:
     • (i) all bearings, distances, levels, street names, lot numbers, lot sizes, reserves and easements;
     • (ii) appropriate arrangements for the shared access driveway to allow for common access (common property or carriageway easement).
2. The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.
3. Prior to the occupation of the buildings hereby permitted the existing redundant vehicle crossings facing Pasco Street must be removed and the footpath, kerb and channel reinstated and made good at the cost of the owner to the satisfaction of the Responsible Authority.
4. Prior to commencement of works, the following provisions relating to the protection of the existing street trees must be undertaken to the satisfaction of the Responsible Authority:
   • (a) A suitable Tree Protection Zone with barrier fence must be established around the street trees on the Pasco Street frontage.
   • (b) The Tree Protection Zone must be enclosed using a 2 metre high temporary cyclone fence or similar, which must remain in place through all stages of the development. This fence must not enclose the footpath which must be kept clear for pedestrian access and a sign must be erected on the fence informing that the fence is a 'Tree Protection Zone'.
   • (c) The area within the Tree Protection Zone must not be disturbed by any means including parking of vehicles or storage of plant & equipment, materials, soil or waste.
5. Prior to the development allowed by this permit starting or the occupation of the buildings hereby permitted, landscaping works as shown on the endorsed plans must be completed and thereafter must be maintained to the satisfaction of the Responsible Authority.
6. Street numbers contrasting in colour to the background must be fixed at the front boundary of the property as near as practicable to, or on the letterboxes. Separate unit numbers must be placed adjacent to the front entrance of each dwelling, such numbers must be clearly legible from the access driveway.
7. All service pipes, (excluding downpipes), fixtures and fittings must be concealed on exposed elevations to the satisfaction of the Responsible Authority.
8. Any alteration of soil level involving an increased or decreased level at the boundary must be retained by the provision of an adequate retaining wall, constructed of brick or masonry or other suitable alternative approved by the Responsible Authority, to buttress the soil against the possibility of shift. The construction of this retaining wall must be carried out by the owner.
9. All face brickwork on or facing the boundaries of the site must be either raked and cleaned (face brickwork) or rendered and painted or bagged and painted to the satisfaction of the Responsible Authority.
10. Prior to the occupation of the buildings hereby permitted, areas set aside for parked vehicles and access lanes as shown on the endorsed plans must to the satisfaction of the Responsible Authority be:
    • (a) Constructed.
    • (b) Properly formed to such levels that they can be used in accordance with the plans.
    • (c) Surfaced with an all-weather seal coat.
    • (d) Drained and maintained.

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

1. All basic services, including water, electricity, gas, sewerage and telephone must be installed underground and located to the satisfaction of the Responsible Authority.
2. The site must be connected to a legal point of discharge to the satisfaction of the Responsible Authority.

3. Before any construction or demolition works commence on the site, a secure fence must be provided around the perimeter of the site to prevent access to the site by unauthorized persons. This fence must be maintained for the duration of the construction and demolition, be a minimum height of 1.8m (or such alternative height as is approved in writing by the Responsible Authority), and be constructed to the satisfaction of the Responsible Authority. The gate or opening to the fence must be securely locked at all times when work is not being undertaken on the site.
4. The owner must meet the costs of all alterations to and reinstatement of, the Responsible Authority and other Public Authority Assets deemed necessary and required by such Authorities for the development. The owner must obtain the prior specific written consent of the Council or other relevant Authority to such alterations and reinstatements and must comply with conditions required by the said Authority in relation to the execution of such works.
5. Any vehicle crossings must be constructed in the location shown on the endorsed plan to a standard satisfactory to the Responsible Authority. The relocation of any services including electricity poles, drainage pits, Telstra pits, fire hydrants and the like must be at the expense of the owner and approved by the appropriate authority prior to undertaking such works. Consent for such crossings must be obtained through Council's City Maintenance and Cleansing Department prior to construction.
6. If the nature strip is damaged during construction of the development approved or during the construction of any services, it must be reinstated and made good, including the planting of grass at the cost of the owner to the satisfaction of the Responsible Authority.
7. The plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authorities in accordance with Section 8 of the Act.
8. The owner of the land/developer must enter into an agreement with City West Water for the provision of water supply and sewerage.
9. Prior to a Statement of Compliance being issued by the Responsible Authority, a public open space contribution fee of $110,000 (equivalent to 4.2 percent of the value of the subject land) shall be paid to the Council pursuant to Section 18 of the Subdivision Act 1988.
10. Prior to the issue of a Statement of Compliance, the Owner shall enter into and comply with an agreement with Melbourne Water Corporation for the acceptance of surface and storm water from the subject land directly or indirectly into Melbourne Water's drainage systems and waterways, the provision of drainage works and other matters in accordance with the statutory powers of Melbourne Water Corporation.
11. No polluted and / or sediment laden runoff is to be discharged directly or indirectly into Melbourne Water's drains or watercourses.
12. The owner of the land/developer must enter into an agreement with Jemena Electricity Networks (Vic) Ltd for the extension, upgrading or re-arrangement of the electricity supply to lots on the plan of subdivision. (A payment to cover the cost of such work will be required and easements internal and external to the subdivision and provision of sites for substations may also be required). Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Supply and Installation Rules issued by the Local Government Electricity Supply Association (Vic) and Distribution Authorities to the extent determined by Jemena Electricity Networks (Vic) Ltd.
13. This permit will expire if one of the following circumstances applies:
    • (a) The development and subdivision is not started within two years of the date of this permit.
    • (b) The development is not completed within four years of the date of this permit.
    • (c) The subdivision is not completed within five years of the date of starting.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within three months afterwards.

[1] Melbourne Anglican Trust Corporation Williamstown v Hobsons Bay CC [2009] VCAT 667