all of the above is to be to the satisfaction of the Responsible Authority.

Layout not to be altered

1. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason without the prior written consent of the Responsible Authority.

1. A Landscape Plan generally consistent with the plan prepared by John Patrick Pty Ltd dated September 2014 to the satisfaction of the Responsible Authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will form part of this permit. The plan must be drawn to scale with dimension and three copies must be provided that shows:
   • (a) A survey (including botanical names) of all existing vegetation to be retained and/or removed. The intended status of the trees shown on the landscape plan must be consistent with that depicted on the development layout plan;
   • (b) Details of surface finishes of pathways and driveways;
   • (c) A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant;
   • (d) Planting of seven (7) canopy trees within the western setback (Burke Road frontage);
   • (e) Planting required by any other condition of this permit; and
   • (f) Landscaping and planting within all open areas of the site.

1. Landscaping as shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority prior to the occupation of the development.

1. All landscaping works shown on the endorsed landscape plans must be maintained and any dead, diseased or damaged plants replaced, all to the satisfaction of the Responsible Authority.

1. All buildings and works within the Tree Protection Zone and Critical Root Zone as specified in the endorsed Tree Management Plan must be supervised by a suitably qualified and experienced Arborist, to the satisfaction of the Responsible Authority. Any person acting on the permit must advise Council's Arborist (Statutory Planning) in writing at least 48 hours prior to the commencement of the works to be supervised.

1. All trees specified in the endorsed Tree Management Plan are to be protected and maintained in accordance with the recommendations set out in the report, to the satisfaction of the Responsible Authority.

Contractors to be advised of trees to be retained

1. The owner and occupier of the site must ensure that, prior to the commencement of buildings and works, all contractors and tradespersons operating on the site are advised of the status of trees to be retained as detailed in the endorsed Tree Management Plan and are advised of any obligations in relation to the protection of those trees.

Regulation of activities in Tree Protection Zone

1. No vehicular or pedestrian access, trenching or soil excavation is to occur within the Tree Protection Zone as detailed in the endorsed arborist report without the prior written consent of the Responsible Authority. No storage or dumping of tools, equipment or waste is to occur within the Tree Protection Zone.

1. Prior to the endorsement of the plans referred to in Condition 1 of this permit, a Tree Management Plan must be submitted by a suitably qualified and experienced Arborist in relation to the management and maintenance of the tree in the southern setback and must be approved by the Responsible Authority prior to the commencement of any works including demolition and levelling of the site. The Tree Management Plan must make specific recommendations in accordance with the Australian Standard AS4970: 2009-Protection of Trees on Development Sites and detail the following to the satisfaction of the Responsible Authority to ensure that the tree remains healthy and viable on site:
   • (a) A Tree Protection Plan to scale is to be submitted along with the tree management plan that is to show:
     • (i) All tree protection zones and structural root zones;
     • (ii) All tree protection fenced off areas and areas where ground protection systems will be used;
     • (iii) The type of footings within the tree protection zone;
     • (iv) All services to be located within the tree protection zone and a notation to state that all services will either be located outside of the tree protection zone or bored under the tree protection zone; and
     • (v) A notation to refer to the tree management plan for specific detail on what actions are required within the tree protection zone;
   • (b) Results of exploratory trenching required to be undertaken by the Responsible Authority or if there is encroachment (construction or excavation) greater than 10% into the tree protection zone (in accordance with Australian Standard AS4970:2009 - Protection of Trees on Development Sites) of any tree to be retained. This must include photographic evidence of any trenching/excavation undertaken;
   • (c) Details of appropriate footings within the tree protection zone;
   • (d) Supervision timetable required by the Project Arborist to the satisfaction of the Responsible Authority.
   • (e) The details of how the root zone within the tree protection zone will be managed throughout the project;
   • (f) All remedial pruning works that are required to be performed on the tree development of the site. The pruning comments must reference Australian Standards 4373:2007, Pruning of Amenity Trees and a detailed photographic diagram specifying what pruning will occur;
   • (g) The recommendations contained in the approved tree management plan must be implemented to the satisfaction of the Responsible Authority.

1. The site must be drained to the satisfaction of the Responsible Authority.

1. All outdoor lighting must be designed, baffled and located to prevent light from the site causing any detriment to the locality, to the satisfaction of the Responsible Authority.

1. Car parking spaces shown on the endorsed plans must not be used for any purpose other than the parking of vehicles, to the satisfaction of the Responsible Authority.

1. Before the use starts or any building is occupied:
   • (a) A convex mirror must be installed at the top of the access ramp

To the satisfaction of the Responsible Authority.

Sediment laden run-off

1. No polluted and/or sediment laden runoff is to be discharged directly or indirectly into Council's drains or watercourses during and after development, to the satisfaction of the Responsible Authority.

1. Any new vehicle crossover or modification to any existing vehicle crossover must be constructed to the satisfaction of the Responsible Authority.

1. All disused or redundant vehicle crossings must be removed and the area reinstated with kerb and channel to the satisfaction of the Responsible Authority, and at no cost to either the Responsible Authority or VicRoads, prior to the occupation of the buildings hereby approved.

1. All disused or redundant vehicle crossovers must be removed and the area reinstated with footpath, naturestrip, kerb and channel the satisfaction of the Responsible Authority.

1. An updated waste management plan must be prepared to the satisfaction of the Responsible Authority. Once satisfactory, such plan will be endorsed and must be implemented to the satisfaction of the Responsible Authority. The plan must provide the following details of a regular private waste (including recyclables) collection service for the subject land including:
   • (a) The type/s and number of waste bins;
   • (b) Screening of bins;
   • (c) Type/size of trucks;
   • (d) Frequency and timing of waste collection;
   • (e) Location of collection points within basement

To the satisfaction of the Responsible Authority.

Maintenance of waste storage area

1. All bins and receptacles used for the collection and storage of solid waste, recyclables and other wastes must be kept in a designated area, to the satisfaction of the Responsible Authority. This storage area must be:
   • (a) Properly paved and drained to a legal point of discharge;
   • (b) Screened from view with a suitably designed enclosure; and
   • (c) Maintained in a clean and tidy condition free from offensive odours

To the satisfaction of the Responsible Authority.

Hours of waste collection

1. Collection of waste must be conducted so as not to cause any unreasonable disturbance to nearby residential properties and may only take place during the following times:
   • (a) Monday to Friday 7:00am to 6:00pm
   • (b) Saturday & Public Holidays 9:00am to 6:00pm
   • (c) Sunday: No collection allowed

to the satisfaction of the Responsible Authority.

Construction Management Plan

1. Prior to the commencement of any site works, a Construction Management Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. No works are permitted to occur until the Plan has been endorsed by the Responsible Authority. Once endorsed, the Construction Management Plan will form part of the permit and must be implemented to the satisfaction of the Responsible Authority. The Plan must include details of the following:
   • (a) Hours for construction activity (including demolition) in accordance with the requirements of Condition 23;
   • (b) Measures to control noise, dust, water and sediment laden runoff;
   • (c) The location and design of a vehicle wash-down bay for construction vehicles on the site;
   • (d) The location of parking areas for construction and sub-contractors' vehicles on the site, to ensure that vehicles associated with construction activity cause minimum disruption to surrounding premises and traffic flows. Any basement car park on the land must be made available without delay for use by sub-contractors/tradespersons upon completion of such basement car park areas;
   • (e) Measures to ensure that sub-contractors/tradespersons operating on the site are aware of the contents of the Construction Management Plan;
   • (f) Contact details of key construction site staff;
   • (g) The location of any site sheds and the like; and
   • (h) Any other relevant matters.

1. All works including earthworks, demolition and construction activity associated with the approved development must take place only during the following hours, except with the prior written consent of the Responsible Authority:
   • (a) Monday to Thursday 7:00am to 6:30pm
   • (b) Friday 7:00am to 5:00pm
   • (c) Saturday 7:00am to 5:00pm
   • (d) Sunday & Public Holidays No construction

1. Concurrent with the endorsement of any plans pursuant to Condition 1, an Environmentally Sustainable Design (ESD) Report which is to be to the satisfaction of the Responsible Authority must be prepared by a suitably qualified expert and submitted to the Responsible Authority for approval. The report must address ESD principles proposed for the site including, but not limited to, energy efficiency, stormwater collection and re-use on the site and waste and building materials. Any recommended changes to the building must be incorporated into the plans required by Condition 1. Once approved, such a plan must be implemented prior to the occupation of the development to the satisfaction of the Responsible Authority.

1. Provision must be made on the site for letter boxes and receptacles for papers 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 years of the issued date of this permit.
   • (b) The development is not completed within four years of the issued date of this permit.

In accordance with Section 69 of the Planning and Environment Act 1987, an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.

[1] I have considered the submissions of all the parties that appeared, all the written and oral evidence, all the exhibits tendered by the parties, and all the statements of grounds filed. I do not recite or refer to all of the contents of those documents in these reasons.

[2] Global Alpha Group Pty Ltd v Boroondara CC [2013] VCAT 1929 (18 November 2013).

[3] Plan Melbourne: Metropolitan Planning Strategy (Department of Transport, Planning and Local Infrastructure, 2014).

[4] Rowcliffe Pty Ltd v Stonnington CC [2004] VCAT 46.

[5] Lamaro v Hume CC & Anor (includes Summary) (Red Dot) [2013] VCAT 957 (13 June 2013).