1. The layout of the development as shown on the endorsed plans must not be altered without the prior written consent of the responsible authority

1. Before any building or works start, construction plans for all parking areas and access lanes to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. Once approved, the construction plans will be endorsed and will form part of this permit. The construction plans must be consistent with the endorsed development plans and landscaping plans.

1. Before the new dwelling is occupied, the area(s) set aside for the vehicle parking, access lanes and driveways as shown on the endorsed plans must be:

(a) Constructed

(b) Surfaced with a durable all-weather seal.

(c) Drained to the nominated legal point of discharge.

1. Before the new development is occupied, the owner must at its cost remove and re-construct the existing concrete vehicle crossing to Council Standards MCC-501. The vehicle crossing must be constructed at right angles to the road to suit the proposed driveway in accordance with the endorsed plans to the satisfaction of the responsible authority.

1. Before any building or works start, Drainage Plans (including calculations) prepared by a suitably qualified drainage engineer to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the Drainage Plans will be endorsed and will form part of this permit. The Drainage Plans must show:

(a) All drainage works associated with the development including any drainage works required outside the land.

(b) The nominated legal point of discharge.

(c) The conveyance of stormwater runoff by means of underground drains to the nominated legal point of discharge.

(d) The mechanisms used to prevent overland flows from having a detrimental effect on the land, the environment or adjoining properties;

(e) The mechanisms used to limit the Permissible Site Discharge (PSD) to the lesser of:

1. the equivalent of a 35% impervious site coverage; or
2. the pre-developed discharge rate.

(f) Stormwater detention storage that limits the maximum discharge rate to the PSD.

1. Before the development is occupied, the drainage and associated works shown on the endorsed Drainage Plans must be constructed in accordance with those plans to the satisfaction of the responsible authority. Within 14 days of the completion of the drainage works, a letter or report from a suitably qualified engineer must be submitted to the responsible authority certifying that works have been completed in accordance with the endorsed Drainage Plans to the satisfaction of the responsible authority.

1. During the construction of the development, methods to control sediment laden runoff in the Urban Stormwater Best Practice Environmental Management Guidelines (Victorian Stormwater Committee, 1999) must be implemented to the satisfaction of the responsible authority to minimise sediment laden runoff and stormwater pollution from leaving the land.

Tree Protection and Management Plan implemented

1. Prior to the commencement of any building and or demolition works on the land, the Tree Protection and Management Plan dated 21 August 2025 must be endorsed by the responsible authority, including tree protection and construction controls.
2. Tree Protection Measures as detailed on the approved Tree Protection Plan, must be established and subsequently maintained until completion of all buildings and works, including landscaping, to the satisfaction of the responsible authority.

(a) The project arborist must advise the responsible authority in writing that the Tree Protection measures have been installed to their satisfaction.

(b) The TPP must be printed on A2 weatherproof paper.

(c) The TPP must be highly visible on the site and be displayed at the site entry.

1. Prior to the commencement of any works at the site (including demolition and excavation whether or not a planning permit is required), a letter of engagement must be provided to the responsible authority from the project arborist selected to oversee all relevant tree protection works. The project arborist must be an appropriately experienced and qualified professional (minimum Cert IV or equivalent in experience).

1. Prior to the commencement of any works at the site (including demolition and excavation whether or not a planning permit is required), the project arborist must advise the responsible authority in writing that the Tree Protection Fences have been installed to their satisfaction.

1. The project arborist must maintain a log book detailing all site visits. The log book must be made available to the responsible authority within 24 hours of any request.

1. Before the development starts or use commences, an amended landscape plan generally in accordance with the plan prepared by Habitat dated July 2025 must be submitted to and approved by the responsible authority, to its satisfaction. When approved, the amended landscape plan will be endorsed and will then form part of this permit. The amended landscape plan reconciles with all other plans which form part of this permit. The plan must show:

(a) For each tree shown to be retained on the land or on neighbouring land, a Tree Protection Zone (TPZ) and Structural Root Zone (SRZ) calculated in accordance with the Australian Standard for Protection of Trees on Development Sites (AS4970-2025).

(b) A garden bed around the perimeter of the front carparking space for dwelling 1 with vehicle stops shown to prevent ingress into garden areas.

(c) Landscaping treatments within the front setback in a manner which complements the prevailing character of the surrounding area and includes additional plantings of screening shrubs.

(d) All canopy trees must be located to optimise their long-term growth and development. In this regard be shown in garden beds at least 1.5m wide (to provide at least a 1m radial area around the tree's stem which is mulched and free of lawn).

(e) All canopy trees must be located to optimise their long-term growth and development. In this regard, trees shall:

1. be shown least 3.5m from the wall of any dwelling or building
2. be shown at least 1m from any fence, pavement or retaining wall
3. be shown beyond the canopy of any existing canopy tree
4. be shown in a mulched area or garden bed at least 1.5m wide (to provide at least a 0.75m radial area around the tree's stem which is mulched and free of lawn).

(f) Substitution of Everlasting Daisy Helichrysum scorpioides with a more robust groundcover species.

(g) Rainwater tank consistent with Council engineering requirements. All rainwater tanks are to be shown as installed on a concrete slab.

(h) An amended 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. All species selected must be to the satisfaction of the responsible authority.

Completion and maintenance of landscaping works

1. Before the occupation of the development, the landscaping works as shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority. Landscaping must then be maintained to the satisfaction of the responsible authority, including that any dead, diseased or damaged plants are to be replaced.

Residential Reticulated Gas Service Connection

1. Any new dwelling 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. This permit will expire if any of the following circumstances applies:

(a) the development is not started within two years of the date of this permit, or

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

The responsible authority may extend the periods referred to above if a request is made in writing:

• before the permit expires; or
• within six months afterwards if the development has not yet started; or

within 12 months afterwards if the development lawfully started before the permit expired.

[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.

[3] [2025] VCAT 502, as confirmed in Oakleigh Six Pty Ltd v Monash CC [2025] VCAT 648.

[4] Council indicated that the removal of these trees was unauthorised, and that it had taken enforcement action in response but that this was a separate matter.

[5] He opined that it was likely that it has at-grade construction or a shallow slab.