Pursuant to Section 87 (1)(d) of the Planning and Environment Act 1987, Planning permit no. PP04/1391 is amended by deleting condition 14 and rewording condition 1 (c) to read as follows:

(c) Details showing compliance with conditions 9 and 10.

The Responsible Authority is directed to amend the permit in accordance with this order.

1 This was an application under Section 87 of the Planning and Environment Act 1987 by MLP Corporation Pty Ltd seeking an amendment to Planning Permit no. PP04/1391. The permit was issued in accordance with my directions as set out in the order dated 17 October 2005 with respect to application for review no. P935/2005.

2 The permit allows the construction and use of a 3 level building, the use of the land for dwellings, reduction in car parking and alterations to access to a road in a Road Zone category 1. The site, which is located on the southwest corner of the intersection of Riversdale and Warrigal Roads, is zoned Business 1 under the planning scheme. Riversdale Road is within a Road Zone Category 1. A permit is required under clause 52.29 of the planning scheme to alter or create new access to a road that is within a Road Zone Category 1. Vicroads is a referral authority for applications seeking such permission.

3 At the commencement of the hearing in application P935/2005, Vicroads' representative advised that Vicroads would not oppose the grant of the permit subject to the inclusion of certain conditions. The applicant's representative indicated that the applicant would not contest the inclusion of those conditions. In light of that understanding, Vicroads took no further part in the hearing.

4 Condition 14 on the permit is one of the Vicroads conditions agreed to by the applicant. The condition is:

As part of the functional layout plans, the applicant must submit a written confirmation that sight distance requirements are in accordance with AUSTROADS Traffic Engineering Guidelines Part 5, Chapter 5 is provided.

5 MLP Developments Pty Ltd now seeks that the permit be amended under Section 87 of the Planning and Environment Act 1987 by deleting condition 14.

6 Accompanying the application are 2 letters; one from Vicroads, the other from the council; both of which support the amendment. In particular, Vicroads state that provided the applicant can satisfy other requirements in the permit with respect to construction of vehicle access and surrounding walls, ".....the condition in question is not necessary or relevant to the application and therefore should be removed." The council has advised that it has no objection to the deletion of condition 14. The council's letter also advises that if condition 14 is deleted, then condition 1(c) on the permit also needs to be amended to delete reference to condition 14.

7 Whilst MLP's application suggests that the condition should be removed on the ground that there has been material mis-statement or concealment of fact, I think that this request is better founded on the criteria set out in section 87(1)(d) of the Planning and Environment Act 1987, that is, that there has been a material change of circumstances. The material change of circumstances is Vicroads position, as referral authority, that the condition in question is not necessary or relevant.

8 This is a case where all the parties who may have a material interest in this issue have reached agreement and have been prepared to consent to the tribunal making the necessary orders to give effect to their agreement. Pursuant to Section 93 of the VCAT Act, I will amend the permit by deleting condition 14 as requested. I will also modify condition 1(c) to exclude the reference to condition 14.