1. The locations of Tree Protection Zones and Structural Root Zone described in condition 6, with all nominated trees clearly identified and numbered on both site and landscape plans, and the requirements of conditions 6 and 7 to be annotated on the development and landscape plans. 2. The entry to be provided with a foyer with minimum dimensions of 3m x 3m and windows.

1. Demonstration of adequate provision for mail boxes with aperture heights in accordance with the requirements of Australia Post.

1. Basement pillars to be provided with dimensions and modified to comply with Clause 52.06-8 of the Whitehorse Planning scheme. 2. Either provision of industry standard swept path diagrams for a B85 design vehicle demonstrating efficient movements for both ingress and egress to parking spaces 15, 16 and 37-40, or modification to parking bays and/or circulation roadways in accordance with either Clause 52.06-8 or Section 2.4 of AS2890.1. 3. Provision of convex mirrors within the basement to improve sight distances. 4. A Car Parking Management Plan in accordance with Condition 12. 5. Relocation of the existing street sign in the location of the proposed crossover to be at least one metre clear of the new crossover. 6. Demonstrated compliance with Standard B20 (North facing windows) and Clause 55. 7. Apartment 2.05 (including the balcony) set back a minimum of 7m from the southern boundary. 8. Apartments 3.04 and 3.05 combined into one apartment with a minimum setback of 9m for both the building and balcony for Apartment 3.04 and a minimum setback of 9m for apartment 3.05 with the balcony relocated to the current living area of that apartment.

1. Modified setbacks to achieve compliance with Standard B21 (Overshadowing) of Clause 55.

1. Demonstration that the development (windows and balconies) achieves compliance with Standard B22 (Overlooking) of Clause 55.04-6 along the south elevation. 2. A notation that there will be no ventilation of the basement or waste storage area to the southern interface. 3. The location of all services, air-conditioning units and the like. 4. The provision of a new 2.1m high fence to the southern boundary as appropriate. 5. Updated Plan TP204. 6. Specification of glazing and cladding materials to be used on all external walls, including details demonstrating that they will not reflect unreasonable glare when viewed from any nearby road network, to the satisfaction of the Responsible Authority. 7. Development plans to reflect all sustainability features indicated in the approved Sustainability Management Plan (SMP). Where features cannot be visually shown, include a notes table providing details of the requirements (ie. energy and water efficiency ratings for heating/cooling systems and plumbing fixtures, etc). The plans are to be generally in accordance with the plans submitted with the application but modified to show: 1. Floor plans of all levels and the roof, showing overhead lines as appropriate. 2. Elevation drawings with shadows as per actual sun angles. 3. Bicycle parking for at least nine residents and four visitors in compliance with AS 2890.3 current version. 4. Where there are 'battle axe' bedrooms, the deep window or 'handle' should not exceed twice the width of the handle as measured from the outermost wall to head of the 'battle axe'. 5. Where there are light wells equal to or less than 12 metres high, the plan area of the light well must be greater than 9 square metres with no dimension less than 3 metres. 6. Skylights to upper floor internal bathrooms, corridors and stair well. 7. Integrated planter boxes on some balconies. 8. Water-sensitive urban design measures as required to achieve a STORM Rating of 100%, including a rainwater tank capacity of no less than 20 kL servicing all toilet flushing, irrigation and bin area wash-down. 9. Separate bins for collecting recycling and landfill waste under kitchen benches. 10. Equipment including photovoltaic panels and hot water system. 11. Clothes drying racks. 12. Insect screen locations for window on elevations or roof plan for skylights. 13. All operable windows, doors, winter garden openings & vents in elevation drawings. 8. Notation on site plans indicating that any obscured glazing be manufactured obscured glass. Obscure film being applied to clear glazing will not be accepted. 9. The following reports to be amended as required will form part of the endorsed documentation: 1. An amended Landscape Plan in accordance with Condition 3. 2. Landscaping Maintenance Plan in accordance with Condition 4. 3. Amended Sustainability Management Plan in accordance with Condition 8. 4. An amended waste management plan in accordance with Condition 11.

All of the above must be to the satisfaction of the Responsible Authority. Once approved these plans and documents become the endorsed plans of this permit.

1. The layout and operation of the site and the size, design and location of the buildings and works permitted must always accord with the endorsed plans and documents, and must not be altered or modified without the further written consent of the Responsible Authority.

1. No building or works must be commenced (and no trees or vegetation shall be removed) until a landscape plan prepared by a suitably qualified and experienced person or firm has been submitted to and endorsed by the Responsible Authority. The plan will be generally in accordance with the plan prepared by John Patrick and Associates Pty Ltd dated June 2017 but modified to show:

1. Concentration of canopy and screening vegetation along the south and west boundaries and including a mix of deciduous and evergreen species to provide for daylight to the courtyards of the adjoining properties to the south. 2. Planting within and around the perimeter of the site comprising trees and shrubs capable of: 1. providing a complete garden scheme, 2. softening the building bulk, 3. providing some upper canopy for landscape perspective, 4. minimising the potential of any overlooking between habitable rooms of adjacent dwellings.

1. A schedule of the botanical name of all trees and shrubs proposed to be retained and those to be removed incorporating any relevant requirements of condition No. 1.

1. The proposed design features such as paths, paving, lawn and mulch. 2. 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.

Landscaping in accordance with this approved plan and schedule shall be completed before the addition to the building is occupied.

Once approved these plans become the endorsed plans of this permit.

1. Prior to the commencement of the development, a Landscaping Maintenance Plan, prepared by a suitably qualified consultant, must be submitted to the Responsible Authority. The landscaping maintenance plan must include, but is not limited to:
   1. Irrigation system for all trees and landscaping including details of frequency and water delivery method.
   2. Details of the ongoing maintenance procedures to ensure that the garden areas remain healthy and well maintained to the satisfaction of the Responsible Authority. This must include:
      1. Irrigation frequency and delivery method.
      2. Drainage.
      3. Pruning and mulching.

1. The garden areas shown on the endorsed plan must only be used as gardens and must be maintained in a proper, tidy and healthy condition to the satisfaction of the Responsible Authority. Should any tree or shrub be removed or destroyed it may be required to be replaced by a tree or shrub of similar size and variety.

1. Prior to commencement of any building or demolition works on the land, Tree Protection Zones (TPZs) must be established on the subject site (and nature strip if required) and maintained during, and until completion of, all buildings and works including landscaping, around the following trees in accordance with the distances and measures specified below, to the satisfaction of the Responsible Authority:
   1. Tree Protection Zone distances:
      1. Tree 4 - 6.7 metre radius from centre base of tree.
      2. Tree 5 - 4.0 metre radius from centre base of tree.
      3. Tree 24 - 2.0 metre radius from centre base of tree.
      4. Tree 25 - 2.0 metre radius from centre base of tree.
      5. Tree 26 - 2.0 metre radius from centre base of tree.
      6. Tree 27 - 2.0 metre radius from centre base of tree.
      7. Tree 28 - 2.0 metre radius from centre base of tree.
      8. Tree 29 - 2.0 metre radius from centre base of tree.
   2. Tree Protection Zone measures are to be established in accordance with Australian Standard 4970-2009 and are to include the following:
      1. Erection of solid chain mesh or similar type fencing at a minimum height of 1.8 metres in height held in place with concrete feet.
      2. Signage placed around the outer edge of the perimeter fencing identifying the area as a TPZ. The signage should be visible from within the development, with the lettering complying with AS 1319.
      3. Mulch across the surface of the TPZ to a depth of 100mm and undertake supplementary provide watering/irrigation within the TPZ, prior and during any works performed.
      4. No excavation, constructions works or activities, grade changes, surface treatments or storage of materials of any kind are permitted within the TPZ unless otherwise approved within this permit or further approved in writing by the Responsible Authority.
      5. All supports and bracing should be outside the TPZ and any excavation for supports or bracing should avoid damaging roots where possible.
      6. No trenching is allowed within the TPZ for the installation of utility services unless tree sensitive installation methods such as boring have been approved by the Responsible Authority.
      7. Where construction is approved within the TPZ, fencing and mulching should be placed at the outer point of the construction area.
      8. Where there are approved works within the TPZ, it may only be reduced to the required amount by an authorized person only during approved construction within the TPZ, and must be restored in accordance with the above requirements at all other times.

1. During construction of any buildings, or during other works, the following tree protection requirements are to be adhered to, to the satisfaction of the Responsible Authority:

1. All buildings and works for the demolition of the site and construction of the development (as shown on the endorsed plans) must not alter the existing ground level or topography of the land within the TPZ of trees identified above. 2. For trees identified above, no roots are to be cut or damaged during any part of the construction process.

1. Any excavation within the tree protection zone of the street tree must be undertaken by hand, hydro excavation or air spading to ensure adequate protection of the trees root network.

1. Prior to the commencement of any buildings or demolition works, an amended Sustainability Management Plan (SMP) must be submitted to and approved by the Responsible Authority. This SMP must be generally in accordance with the SMP submitted with the application, but amended to include:

1. A STORM Rating Report with a score of 100% or greater 2. A complete BESS or STEPS Report, indicating that heating and cooling systems are no less than 4 stars (as per AS/NZS 3823.2-2011 or later) for both heating and cooling unless the NatHERS average is greater than 6.5 with a minimum of no less than 5.5 stars.

1. Hot water system to be 5 star gas instantaneous or more efficient.

1. Water efficient fixtures to include 4 star toilets, 5 star basin & kitchen taps, 4 star dishwashers, and showerheads with flow rates no greater than 7.5 litres per minute. 2. Commitment to control all common area, service and lift lighting with daylight and motion sensors as appropriate 3. Commitment to controlling all common, service and lift area ventilation with timers and other sensors as appropriate 4. Commitment to controlling at least 50% of all car park lighting with motion sensors 5. Commitment to controlling underground car park ventilation with CO sensors. 6. At least 80% of all demolition and construction waste to be responsibly diverted from landfill 7. Include a preliminary sample set of NatHERS scores for at least 20% (or 9) of the apartments as per Guide to NatHERS Sample Sizes.

1. All works must be undertaken in accordance with the endorsed ESD Management Plan to the satisfaction of the Responsible Authority, and the approved development must operate in accordance with this Plan, to the satisfaction of the Responsible Authority. No alterations to the ESD Management Plan may occur without the written consent of the Responsible Authority.

1. Prior to the commencement of buildings or works on the land, a Construction Management Plan, detailing how the owner will manage the environmental and construction issues associated with the development, must be submitted to and approved by Council.

The Construction Management Plan must be prepared and managed by a suitably qualified person who is experienced in preparing Construction Management Plans.

This plan is to be to the satisfaction of the Responsible Authority and must be prepared in accordance with the City of Whitehorse Construction management Plan Guidelines.

The Construction Management Plan must address; any demolition, bulk excavation, management of the construction site, land disturbance, hours of construction, noise, control of dust, public safety, traffic management, construction vehicle road routes, soiling and cleaning of roadways, discharge of any polluted water, security fencing, disposal of site waste and any potentially contaminated materials, location of site offices, redirection of any above or underground services, and site security lighting.

The Construction Management Plan shall include suitable washing facilities to be provided and utilised on site for the cleaning of all construction vehicles prior to them exiting the designated property so as to prevent any grease, oil, mud, clay or other substance to fall or run off a vehicle onto a road, or into any drain under the road.

The Construction Management Plan must be implemented to the satisfaction of the Responsible Authority and a contact name and phone numbers for the site manager must be provided to the Responsible Authority.

Once submitted to and approved by the Responsible Authority, the Construction Management Plan will form part of the documents endorsed as part of this planning permit.

When approved the Construction Management Plan will form part of this permit and must be complied with, to the satisfaction of the Responsible Authority, to the extent that this is in the control of the owner of the land. The owner of the land is to be responsible for all costs associated with the works to be undertaken in accordance with the requirements of the Construction Management Plan.

1. Prior to the commencement of buildings and works, an amended Waste Management Plan prepared by a suitably qualified consultant, must be submitted to the satisfaction of the Responsible Authority.

The requirements and outcomes of the amended Waste Management Plan must be demonstrated on the plans and elevations submitted for endorsement.

Once submitted to and approved by the Responsible Authority, the Waste Management Plan must form part of the documents endorsed as part of this planning permit.

The requirements of the Waste Management Plan must be implemented by the building manager, owners and occupiers of the site for the duration of the building's operation in accordance with this permit, to the satisfaction of the Responsible Authority.

1. Prior to the commencement of buildings or works on the land, a Parking Management Plan, detailing how car and bicycle parking areas and accessways will be allocated and managed, must be submitted to and approved by Council.

This plan is to be to the satisfaction of the Responsible Authority and must include, but is not limited to, the following:

1. Allocation of all parking spaces to individual dwellings and tenancies.
2. Pedestrian access and movement within the car parking areas, including strategies to minimise the potential for conflict between pedestrians and vehicles. This may include line marking such as hatched shared areas, directions signs and/or physical barriers.

1. Allocation of bicycle spaces to tenancies and visitors.

1. Signing of car and bicycle parking spaces.
2. Location of bicycle parking signs in accordance with Clause 52.34-5.
3. Details of signage to accommodate waste collection.

Once submitted to and approved by the Responsible Authority the Parking Management Plan will form part of the documents endorsed as part of this planning permit.

When approved the Parking Management Plan will form part of this permit and must be implemented to the satisfaction of the Responsible Authority.

1. The development must provide the capacity for television signal distribution to each dwelling unit and any satellite dish, antenna or similar structure must be designed and located at a single point to the satisfaction of the Responsible Authority.

1. All building plant and equipment on the roofs, balcony areas, common areas, public thoroughfares is to be concealed to the satisfaction of the Responsible Authority. Noise emitting plant equipment such as air conditioners, must be shielded with acoustic screening to prevent the transmission of noise in accordance with Environment Protection (Residential Noise) Regulations 2008. The construction of any additional plant, machinery or other equipment, including but not limited to all service structures, down pipes, aerials, satellite dishes, air-conditioners, equipment, ducts, flues, all exhausts including car parking and communication equipment must include appropriate screening measures to the satisfaction of the Responsible Authority.

1. All mechanical exhaust systems for the car park hereby approved must be located and sound attenuated to prevent noise and general nuisance to the occupants of the surrounding properties, to the satisfaction of the Responsible Authority.

1. All stormwater drains must be connected to a point of discharge to the satisfaction of the Responsible Authority.

1. Detailed civil plans and computations for connection to the point of discharge and construction of an on-site detention system that conveys stormwater from the site to the Council stormwater pit at the north west corner of the site must be prepared by a suitably experienced and qualified professional, and submitted for approval by the Responsible Authority prior to the commencement of any works.

1. Stormwater connection to the nominated point of discharge and construction of an on-site stormwater detention system must be completed and approved to the satisfaction of the Responsible Authority prior to the occupation of the buildings.

1. As-constructed drawings prepared by a Licensed Land Surveyor are to be provided to Council after the completion of drainage works prior to the occupation of the building.

1. Stormwater that could adversely affect any adjacent land shall not be discharged from the subject site onto the surface of the adjacent land.

1. Prior to the occupation of the building, the redundant vehicle crossings on Whitehorse Road and Vine Street are to be removed and replaced with concrete kerb and channel and the affected nature strip areas are to be reinstated with topsoil and grass seed to the satisfaction of the Responsible Authority.

1. The parking delineation lines along Vine Street to be re-marked/re-lined to the satisfaction of the Responsible Authority.

1. The Applicant/Owner shall be responsible to meet all costs associated with reinstatement and/or alterations to Council or other Public Authority assets deemed necessary by such Authorities as a result of the development. The Applicant/Owner shall be responsible to obtain an "Asset Protection Permit" from Council at least 7 days prior to the commencement of any works on the land and obtain prior specific written approval for any works involving the alteration of Council or other Public Authority assets.

1. This permit will expire if one of the following circumstances applies:
   1. the development is not commenced within two (2) years from the date of issue of this permit;
   2. the development is not completed within four (4) years from the date of this permit.

The Responsible Authority may extend the periods referred to if a request is made in writing pursuant to the provisions of Section 69 of the Planning and Environment Act 1987.

[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] Dekas One Pty Ltd v Whitehorse CC (Correction) [2012] VCAT 1755

[3] I understand these units were developed in the 1990s.