(a) A re-establishment 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 advertised plans and the survey plan must be rectified to the satisfaction of the Responsible Authority.

(b) An updated schedule of all external materials and finishes. The schedule must show the materials, colour and finish of all external walls, roof, fascias, window frames and paving (including car parking surfacing). The driveways are required to incorporate a high quality finish and not plain concrete and must include:

1. The colour of metal roofing (at least for the non-visible flat areas) to a be a light coloured or reflective finish with a colour which has a Solar Absorptance value less than 0.7.
2. The colour/s of the accessways to be specified, the colour is to have a Solar Absorptance value less than 0.7.

(c) The site plan updated to show the garden beds adjacent to the boundary fences and access ways increased to a minimum width of 400mm. The width of the accessway should be reduced and other landscaping areas are not to be reduced to accommodate the change. The development must remain compliant with the minimum garden area requirements at Clause 32.09-4 of the Hobsons Bay Planning Scheme.

(d) The site plan updated to include a notation which confirms the proposed clotheslines are not to be fixed to any neighbouring boundary walls or fences.

(e) The proposed air conditioner condenser units located on the ground floor roof of dwelling 1 (adjacent to first floor ensuite), relocated so as not to be located opposite a neighbouring habitable room window. The units are to maintain limited visibility from the street. The positioning of all plant and equipment (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.

(f) An updated landscape plan including the location of all existing and proposed species. The landscape plan should be designed in accordance with the Hobsons Bay Landscape Design Guidelines, December 2021. An emphasis must be placed on maximising the use of native drought tolerant species and must include:

1. The garden beds adjacent to the side boundaries and access ways as shown on the site plan, increased to a width of 400mm. The width of the accessway should be reduced and other landscaping areas are not to be reduced to accommodate the change.
2. The revised building/s footprint as per the advertised ground floor and first floor plans.
3. Two canopy trees in the rear setback of each dwelling consistent with the proposed ground floor plan,
4. Four bins for each dwelling as per Council's Waste Management Policy.
5. A notation to confirm the proposed clotheslines will not be fixed to any adjoining boundary walls or fences.
6. The provision of at least one advanced canopy tree within the front setback of each dwelling.
7. The canopy tree species selected should be listed within the Plant Selection list at Appendix 5 of the Hobsons Bay Landscape Design Guidelines 2021.
8. A notation indicating a canopy tree must be a minimum 1.5 metres high at the time of planting.
9. A notation stating that all stormwater infrastructure as required by condition 10 of this permit is to be located within the driveways and not in the areas set aside for landscaping.
10. Demonstrate commitment to BESS Water 3.1 Efficient Landscaping credit including mulching, planting selection and information on the drought tolerance/low water use capability of the various plants.
11. Include the lawn/turf also in the planting schedule which must be of a drought tolerant variety. Artificial turf is not acceptable.
12. Be consistent with the WSUD plans and must show all the WSUD treatment systems (referencing the details in the SDA report and/or engineer as appropriate).
13. Be consistent with and include a note on the minimum vegetation area nominated in BESS Urban Ecology 2.1 Vegetation Credit.
14. Provide details of any non-vegetate permeable areas (including permeable paving/driveway, stepping stones, toppings etc.) via a schematic cross section diagram/s showing the surface layer and substrate layers demonstrating effective permeability of water into the ground.

(g) A notation on the site plan that electricity company connections to the proposed dwellings are provided underground.

(h) Confirmation of the location of water tanks or solar panels to each dwelling.

(i) Nomination of the location of outdoor clothes drying facilities for each dwelling.

(j) The ground floor plan updated to show compliance with the sight line requirements of clause 52.06-9 of the Hobsons Bay Planning Scheme.

(k) A notation on the site plan stating that all stormwater infrastructure as required by condition 10 of this permit is to be located within the driveways and not in the areas set aside for landscaping.

(l) The plans and associated reports must include a notation that the construction and demolition be managed appropriately to minimise the risks of any generated dust or litter from causing litter pollution.

(m) In conjunction with the revised Sustainable Design Assessment required by Condition 6, the plans must be revised to show:

1. A note must be included on the plans stating to refer to the SDA/BESS/STORM reports for a comprehensive list of SDA commitments. The development must meet all commitments in the SDA even when not noted on the plans.
2. All bathrooms are to have access to an openable window, operable skylight or exhaust fans controlled by humidity sensors.
3. Provide an openable window or operable skylight to the upper floor of all stairwells to allow stack ventilation through the area.
4. Provide daylight access to the garages of each dwelling, either via a glazed rear door to the POS or a skylight.
5. The rainwater tank size and connection to all toilets needs to be indicated on the plans to reflect what is indicated in the BESS assessment.
6. A notation included on the plans to include a clear commitment to achieving the NatHERS energy rating to reflect the BESS assessment.
7. A notation and roof plan included to detail the size and location of solar photovoltaic systems proposed to each dwelling to reflect the BESS assessment.
8. A notation which specifies the type and minimum efficiency of heating, cooling and hot water systems to reflect what has been entered into BESS assessment.
9. A notation detailing a commitment to the use of low VOC paints, sealants, adhesives, wall, ceiling and floor coverings and E1 or E0-grade engineered wood products (e.g. MDF, plywood, engineered-wood flooring).
10. To claim the IEQ 3.1 Thermal comfort -Double glazing BESS credit, there must be an annotation on the plans specifying double glazing to all living areas and bedrooms.
11. To claim the IEQ 3.2 Thermal comfort - External shading BESS credit, the design needs to demonstrate appropriate external shading to the east, west and north facing living area and bedroom windows, current plans do not indicate such provisions.
12. The BESS assessment for the project states resident bicycle parking will be provided to each dwelling, however there are no notations or allocated spaces on the plans. To claim the Transport 1.1 Bicycle parking BESS credit, the spaces to each dwelling must be shown and notated on the plans. If shown in the garage the bicycles must remain complainant with the minimum car parking space and clearance requirements.
13. To claim the Transport 2.1 Electric Vehicle Infrastructure BESS credit, show on the plans the tentative location of the electric vehicle charging point in the garage with a note or associated legend item saying "minimum 15A dedicated circuit from load centre to garage".
14. To claim the Urban Ecology 2.4 Private Open Space - Balcony/Courtyard Ecology BESS credit, provide additional notes on the plans which show the private open space of each dwelling to have an external tap.
15. A notation included on the plans which specifies a commitment to minimum 70 per cent re0use/recycling of construction and demolition waste.
16. All windows to be constructed of laminated glass.

1. The development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.
2. Once the development has started, it must be continued and completed to the satisfaction of the Responsible Authority.

1. Prior to the submission of a request for endorsed plans under this permit, the owner must lodge a bank guarantee or bond of $2000.00 with the Responsible Authority to ensure the satisfactory establishment of landscaping works. Once landscaping has been completed in accordance with the endorsed landscaping plan, Council must be notified so a six week establishment period will commence. The bank guarantee or bond will be returned after an inspection has confirmed the landscaping has been maintained for that period to the satisfaction of the Responsible Authority. After the establishment period, the landscaping must be maintained in accordance with the endorsed landscaping plan to the satisfaction of the Responsible Authority.
2. Prior to 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

1. Concurrently with a request for endorsed plans under this permit a revised Sustainable Design Assessment (SDA) and BESS report must be submitted to and approved by the Responsible Authority. When approved the SDA will be endorsed and will then form part of the permit. The assessment and report must be substantially in accordance with those provided with the application, but modified to show to the satisfaction of the Responsible Authority:

(a) Any changes required as a result of modifications to the plans.

(b) The project needs to meet the minimum 50% overall BESS score and minimums in Energy (50%), Water (50%), IEQ (50%) and Stormwater (100%) categories in BESS to demonstrate best practice in sustainable design. In addition to addressing issues mentioned, in areas falling short of the targets, adjustments will need to be made to demonstrate that the project meets the BESS minimums.

(c) Currently unclear if current areas have been included in the STORM calculations. A WSUD plan must be submitted (consistent with the STORM/Insite/MUSIC report/s and plans) showing a breakdown of each impervious area (e.g. Unit 1 roof, Unit 2 driveway, Unit 1 paving etc.) and location of its respective treatment system with details (e.g. 2000L RW tank) or "no treatment" where there is none.

(d) A commitment for the builder to have strategies in place to minimise stormwater pollution during the construction process must be included in the SDA along with Melbourne Water Guidelines as attachment (Refer https://www.clearwatervic.com.au/user-data/resource-files/Keeping_Our_Stormwater_Clean-A_Builders_Guide[1].pdf)

(e) The Urban Ecology 2.1 Vegetation credit must include only turfed or planting areas and cannot include other landscaping elements such as hard paving/pavers (including permeable paving), loose pavers/stepping stones aggregate/pebbles, synthetic grass, decks, pool, RW tanks, storage sheds etc. This area must be demarcated on landscape plan accurately and entry in BESS must be updated.

1. The sustainable design initiatives listed in the endorsed Sustainable Design Assessment must be incorporated into the development to the satisfaction of the Responsible Authority.

1. All basic services including water, electricity, gas, sewerage, telephone and other telecommunication facilities must be installed underground. All above ground meters must be located to the satisfaction of the Responsible Authority.
2. Prior to commencement of the development the owner must prepare stormwater drainage design plans to the satisfaction of the relevant Building Surveyor. An application to Council must be made for a Legal Point of Discharge for the disposal of stormwater from the subject land and to determine the relevant Council standards for the stormwater drainage system design. An on-site storm water detention system will be required if the volume of stormwater exceeds the capacity of the legal point of discharge.
3. 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.

1. 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 asphalt or concrete unless another surface treatment is approved by the Responsible Authority.

(d) Drained and maintained.

(e) Line-marked to indicate each car space and all access lanes.

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

1. 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 Contracts, Procurement and Asset Protection Department prior to construction.

1. The electrical company connection to (insert dwelling number) must be made via a pit within (insert street) rather than a group connection.
2. Prior to the occupation of the buildings, all boundary walls 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. Any protruding floor slab must be cleaned and trimmed flush with the wall to the satisfaction of the Responsible Authority
3. All service pipes, (excluding downpipes), fixtures and fittings must be concealed on exposed elevations to the satisfaction of the Responsible Authority.
4. This permit will expire if one of the following circumstances applies:

(a) The development 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.

The Responsible Authority may extend the period in which to start the development if a request is made in writing before the permit expires or within six months afterwards.

The Responsible Authority may extend the period in which to complete the development if a request is made in writing before the permit expires or within 12 months afterwards and the development was lawfully started before the permit expired.

EXTRACTS FROM WORKSAFE INFORMATION SHEET 'LAND USE PLANNING NEAR A MAJOR HAZARD FACILITY'**

EXTRACTS FROM 'PLANNING PRACTICE NOTE PPN92: MANAGING BUFFERS FOR LAND USE COMPATIBILITY'**

[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] Dated 17 May 2022, revision date 26 September 2022 due to the application being amended pursuant to section 50 of the Planning and Environment Act 1987 (Vic) before notice of the application was given.

[5] Extracted from Delegate Report for Planning Application No PA22027 dated 7 December 2022, page 2.

[6] Planning Schemes online, 1 December 2023.

[7] Letter from WorkSafe Victoria to the Tribunal dated 3 March 2023.

[8] Outline of submissions of the Victorian Workcover Authority, 7 August 2023, [6]-[8].

[9] Regulation 369 of the OHS Regulations.

[10] Outline of submissions of the Victorian Workcover Authority, 7 August 2023, [10].

[11] Regulation 372 of the OHS Regulations.

[12] Regulation 374 of the OHS Regulations.

[13] Regulation 371 of the OHS Regulations.

[14] Letter from Corrs Chambers Westgarth on behalf of Qenos to the Tribunal dated 8 August 2023, page 1.

[15] Outline of submissions of the Victorian Workcover Authority, 7 August 2023, [15].

[16] Qenos Altona Safety Case Summary 2018, 2.

[17] Extracted from Expert Witness Report of Richard Robinson, 10 July 2023, [20].

[18] Nearmap aerial photograph dated 24 April 2023 extracted from submissions of the Hobsons Bay City Council by Louise Lunn, 25 July 2023, [30].

[19] Letter from WorkSafe to the Tribunal dated 3 March 2023.

[20] Letter from WorkSafe to the Council dated 27 October 2022.

[21] Available at https://www.worksafe.vic.gov.au/land-use-planning-near-major-hazard-facility

[22] Letter from WorkSafe to the Tribunal dated 3 March 2023, page 3.

[23] Letter from WorkSafe to the Tribunal dated 3 March 2023, 3.

[26] Response to the Council dated 30 November 2022.

[27] Response to the Council dated 27 October 2022.

[28] Notice of Refusal to Grant a Planning Permit, Hobsons Bay City Council, 7 December 2022.

[29] involving land at 30 Hatherley Grove, Altona North.

[30] Letter from Corrs Chambers Westgarth on behalf of Qenos to the Tribunal dated 8 August 2023.

[31] Outline of submissions of the Victorian Workcover Authority, 7 August 2023.

[32] Email from Qenos to the Tribunal dated 29 August 2023.

[33] [2023] VCAT 1185.

[34] I note that the Amendment VC253 introduced a new clause 32.09-6 into the Scheme but this is not relevant and does not apply on the facts of this planning permit application.

[35] [2021] VCAT 1191.

[36] [2023] VCAT 201.

[37] (Red Dot) [2022] VCAT 326.

[38] Further Submissions on Behalf of the Responsible Authority, 22 June 2023, [45].

[47] [2021] VCAT 1064.

[48] [2023] VCAT 348.

[49] [2023] VCAT 635.

[50] [2023] VCAT 782.

[51] Submission on Behalf of the Responsible Authority, 5 October 2023, [38].

[52] [2023] VCAT 853.

[53] [2023] VCAT 1114.

[54] [2023] VSC 586.

[55] Which was brought to the attention of the parties on the final hearing day.

[56] Macquarie Dictionary online edition, Macquarie Dictionary Publishers, 2023.

[57] For instance, Schedule 3 'Heritage Areas' and Schedule 4 'Heritage Areas, Altona and Williamstown'.

[58] Macquarie Dictionary online edition, Macquarie Dictionary Publishers, 2023.

[59] Although clause 55 is relevant to assessment of the permit application but noting that the Council does not hold any concerns with the proposal's compliance with clause 55.

[60] [2004] VCAT 20.

[63] Henry Trucking, [54], [66], [70].

[64] Henry Trucking, [26]-[28], [67], [120]-[123].

[65] Submission on behalf of the responsible authority, 9 November 2023, [4]-[13].

[67] Henry Trucking, [109]-[113].

[69] Henry Trucking, [114]-[115].

[70] Letter from WorkSafe to the Council dated 27 October 2022.

[71] Letter from WorkSafe to the Tribunal dated 3 March 2023.

[73] Submissions of the Victorian Workcover Authority, 14 September 2023.

[74] Expert Witness Report of Richard Manthey Robinson, 10 July 2023, [65]-[70].

[75] Submissions of the Victorian Workcover Authority, 14 September 2023.

[77] I note that the Council took issue with WorkSafe's submissions with respect to how long the Inner and Outer Safety Areas had been in place with respect to the Land.

[83] Addendum to Expert Witness Report of Richard Manthey Robinson, 20 September 2023, [8]-[11], [13].

[91] Submissions on behalf of the Council by Louise Lunn, 25 July 2023, [132] as well as Xia, Abou‑Zeid and Sizenko v Hobsons Bay CC [2022] VCAT 800.

[92] Sizenko v Hobsons Bay CC [2022] VCAT 800.

[93] Letter from WorkSafe to the Council dated 27 October 2022.

[94] Letter from WorkSafe to the Tribunal dated 3 March 2023.

[95] Letter from WorkSafe to the Tribunal dated 3 March 2023, 5.

[96] Expert Witness Report of Richard Manthey Robinson, 10 July 2023, [122]-[124], [127].

[97] Submission on behalf of the responsible authority, 18 September 2023, [30].

[99] [2015] VCAT 1915.

[100] [2004] VSC 348.

[101] [2007] VSC 114.

[102] Submission on behalf of the responsible authority, 20 October 2023, [28].

[104] [1970] HCA 42; (1971) 123 CLR 490.

[105] [1975] VicRp 15; [1975] VR 156.

[114] Brunswick Investment, [114].

[115] Brunswick Investment, [115].