1. The development and/or use(s) permitted by this permit must not be commenced until one electronic copy (emailed to mail@wyndham.vic.gov.au) of a site layout plan and elevations drawn to scale and with dimensions is submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of this permit. Such plans must be generally in accordance with plans by EWERT LEAF dated January 2026 (Project No. M24054) but modified to show:

(a) The southern egress access point to be relocated further north and away from the service road exit point to provide an improved egress angle to enhance sight lines for all road users, including shared path users and generally in accordance with the plan prepared by One Mile Grid and marked Project No 250844, Drawing No SPA150 Revision A;

(b) Plans to be amended to show the following SMP and BESS

1. Solar system size, solar panel orientation and inclination angle, in line with BESS commitments, noted on the roof plan
2. The minimum roof area (m2) discharging to the raingarden noted on the Roof Plan
3. A section detail through the proposed raingarden showing

(1) a minimum ponding depth of 200mm in line with Melbourne Water's modified design for Melbourne's West.

1. The development and/or use(s) permitted by this permit as shown on the endorsed plan(s) and/or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the Responsible Authority.

1. Prior to the commencement of the development hereby permitted, one electronic copy (emailed to mail@wyndham.vic.gov.au) of a landscaping plan prepared by a suitably qualified person and generally in accordance with the Landscape Plans by Mark Baldock dated 7 January 2026 (Project No. 2502) must be submitted and approved to the satisfaction of the Responsible Authority. Consideration should be given to the use of indigenous plants. All landscape plantings and treatments need to be suitable for the specific climatic and soil conditions of Wyndham. The amended landscape plan will show the following:

The amended landscape plan will show the following:

(a) Only water- efficient planting and no irrigation system; alternatively, BESS Water Credit 3.1 Water Efficient Landscaping must be removed.

(b) Plant species /plant density for the raingardens in line with Melbourne Water guidelines.

(c) Prioritisation of native and drought resistant vegetation and provision of canopy trees where possible.

(d) An outline of buildings. No floor plans are to be shown on the landscape plan, however the dimensions of the outline are to be informed by the approved site plan.

(e) Clearly drafted at a scale of 1:100 or similar with a north point and legend.

(f) Clear graphics to indicate trees (deciduous or evergreen), shrubs, ground covers, grass etc.

(g) Botanical and common name, pot size, quantity, planting density and size at maturity of all plantings.

(h) Notated planting specification drawings.

(i) Location and depth of all surface treatments with materials and colours notated.

(j) Outline of all built features including buildings, fences, letterboxes, clotheslines, storage, water tanks and utility structures etc. These structures are to be informed by the site plan.

(k) Mark all crossovers.

(l) Any vegetation or structures within the nature strip.

1. The landscape area(s) shown on the endorsed plan(s) must be planted and maintained to the satisfaction of the Responsible Authority and once landscaped must not be used for any other purpose except with the prior written consent of the Responsible Authority.

1. Concurrent with the lodgement of condition 1 plans, an amended sustainable management plan (SMP) generally in accordance with the Sustainability Management Plan by Lucid Consulting Australia dated 26 March 2025 must be submitted to (mail@wyndham.vic.gov.au) and be approved by the Responsible Authority. When approved, the SMP will be endorsed and form part of the permit.

The Sustainability Management Plan will show the following:

(a) Provide a compliant façade calculator to support the BESS Deemed to Satisfy pathway

(b) Details of initiatives to reduce potable water consumption in the buildings air-conditioning chillers and/or fire testing systems, to support BESS Water credit 4.1;

(c) The BESS report amended so that:

1. Management Credit 3.2 is deleted as only one tenancy is proposed.

1. The development must be constructed in accordance with the endorsed Sustainability Management Plan approved under this permit (as amended from time to time).

1. Before the development commences, an amended Waste Management Plan generally in accordance with the Waste Management Plan by Traffix Group dated 26 March 2025 must be submitted to and approved by the Responsible Authority. The amended plan must comply with the updated requirements as specified in Condition 1 and once approved, will form part of the endorsed documents for this permit.

1. Prior to the commencement of buildings or works, amended plans must be submitted to and approved by the Head, Transport for Victoria. When approved, the plans must be endorsed by the Responsible Authority and will then form part of the permit. The plans must be generally in accordance with the submitted plans prepared by Ewert Leaf (Drawing No. TP022, revision D, dated 9 January 2026) but modified to show:

(a) The southern egress access point to be relocated further north and away from the service road exit point to provide an improved egress angle to enhance sight lines for all road users, including shared path users.

1. The use and/or development permitted by this permit must not, in the opinion of the Responsible Authority, adversely affect the amenity of the locality by reason of the processes carried on; the transportation of materials, goods, or commodities to or from the subject land; the appearance of any buildings, works or materials; the emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, dust, waste water, waste products, grit, or oil; the presence of vermin, or otherwise.

1. Provision must be made for the drainage of the development shown on the endorsed plan(s) to the requirements and satisfaction of the responsible drainage authority. Drainage of the subject land for commercial/industrial purposes must be provided by underground drainage systems catering for up to 1 in 10 year storm return periods. Flows in excess of 1 in 10 year storm return periods, up to and including 1 in 100 year storm return periods must be accommodated in separate channels and/or within the road reserves and/or within the provided drainage system.

Unless approved otherwise by the responsible authority, all commercial/industrial stormwater systems must incorporate measures to satisfy the objectives of "Urban Stormwater Management Guidance" (publication 1739.1, EPA 2021) to reduce or retain in total:-

(a) 80% of suspended solids;

(b) 45% phosphorus;

(c) 45% nitrogen; and

(d) 70% litter/gross pollutants larger than 5mm.

Before any drainage works associated with the development commence, detailed construction plans must be submitted to and approved by the responsible authority.

1. Drainage of the subject land for commercial/industrial purposes must be provided by underground drainage systems catering for up to 1 in 10 year storm return periods. Provisions are to be made in the proposed development to manage any additional flow created between allowable stormwater discharge and post-development stormwater discharge. Detailed design plans for any detention system must be submitted to and approved by Council, prior to the commencement of works.
2. Stormwater runoff generated from the whole of the subject land, including landscaped and paved areas, must not adversely affect neighbouring properties and must be drained to the legal point of discharge to the satisfaction of the responsible authority.
3. All stormwater inlet pits from car parking and paved areas must be grated to prevent the ingress of gross pollutants to Council's stormwater drainage system.
4. Stormwater runoff generated from paved areas is to be treated for gross pollutants and oil/hydrocarbon contamination prior to discharging into Council's drainage system. The design and/or use of any such system must be submitted to Council for approval. A maintenance agreement for the cleaning of such stormwater treatment systems/devices must be submitted to and approved by Council and will form part of the permit when approved.

1. Goods, equipment or machinery or any other structure must not be erected or stored or left exposed outside a building, including walkways, car parking and landscape areas so as to be visible from any public road or thoroughfare to the satisfaction of the Responsible Authority.

1. Areas set aside for the parking of vehicles together with the aisles and drives must be properly formed to such levels that they can be utilized in accordance with the endorsed plan and must be drained and provided with an impervious all-weather seal coat. The areas must be constructed, drained and maintained in a continuously useable condition to the satisfaction of the Responsible Authority.

1. Vehicular access to the subject land from any roadway or service lane (and vice versa) must be by way of a vehicle crossing(s) constructed at right angles to the road, to suit the proposed driveway(s) and vehicles that will use the crossing. The location, design and construction of the vehicle crossing(s) must be approved by the Responsible Authority. Any existing unused crossing(s) must be removed and replaced with concrete kerb and channel and any services or infrastructure, including street trees, that require relocation or modification as a result of proposed crossovers must be relocated or modified at the permit holders cost and to the satisfaction of the Responsible Authority or relevant service authority.

1. The boundaries of all car spaces, access and egress lanes and the direction in which vehicles should proceed along the lanes must at all times be clearly indicated on the ground to the satisfaction of the Responsible Authority.

1. A sign(s) must be provided to the satisfaction of the Responsible Authority to direct drivers to the on-site car parking area(s). Such sign(s) must be located in the vicinity of the frontage of the subject land and maintained to the satisfaction of the Responsible Authority. The sign(s) must not exceed 0.3 square metres in area.

1. The loading and unloading of vehicles and the delivery of goods must at all times be undertaken within the boundaries of the subject land.

1. Areas set aside for the parking and movement of vehicles as shown on the endorsed plan(s) must be maintained in a usable and safe condition to the satisfaction of the Responsible Authority and made available for such use and must not be used for any other purpose.

1. The proposed crossover is to be constructed as per Council specification SD4-5 upon lodgement of a 'Consent to work in a Council Road Reserve' application. Consent to work approval will only be issued for a crossover adhering to specification SD4-5 (layout and construction method) with a variation of the dimensions to - 6.4m x 8.2m) despite what has been detailed on the endorsed plan. The internal driveway width must match the opening boundary width of the relevant crossover. The proposed crossover must maintain a 1.0m clearance from any service provider infrastructure, 2.0m clearance from any light pole, 2.5m clearance from any street tree and 10.0m clearance from any intersection. If these clearance requirements cannot be maintained, subsequent approvals must be obtained from the relevant service provider/manager prior to the commencement of any construction activities on the property.

1. The use and/or development permitted by this permit must not be occupied until:

(a) the access and parking area(s) shown on the endorsed plan(s) have been constructed to the requirements and satisfaction of the Responsible Authority; and

(b) the garden and landscape area(s) shown on the endorsed plan(s), including external fixtures such as clotheslines, storage sheds and water tanks, have been provided and completed to the requirements and satisfaction of the Responsible Authority.

1. An area on the subject land must be set aside for the purpose of a waste disposal/collection bin. Such area must have minimum dimensions of 2.4 metres wide by 1.8 metres deep and where located outside a building it must be screen-fenced so as not to be visible from any public road or thoroughfare. The waste bin area must be provided prior to the commencement of the use permitted by this permit, maintained and used to the satisfaction of the Responsible Authority and must not be used for any other purpose.

1. Delivery and waste collection times should be restricted to 7.00am - 8.00pm Monday to Saturday and 9.00am - 8.00pm Sunday and Public Holidays, in accordance with the Environmental Protection Authorities Noise Control Guidelines Publication 1254, October 2008.

1. All activities associated with the construction of the development permitted by this permit must be carried out to the satisfaction of the Responsible Authority and all care must be taken to minimise the effect of such activities on the amenity of the locality. Measures must be taken to suppress dust, noise or other emissions during construction to prevent nuisance to surrounding neighbours as defined by the Public Health and Wellbeing Act 2008.

1. Noise levels emanating from the premises must not exceed noise levels as determined by the EPA Victoria Publication Noise Limit and Assessment Protocol 1826.4 or result in unreasonable and aggravated noise as defined by Part 5.3 of the Environment Protection Regulation 2021, or other equivalent policy to the satisfaction of the Responsible Authority.

1. The development and the appearance of the subject land permitted by this permit must not, in the opinion of the Responsible Authority, adversely affect the amenity of the locality. No emissions from site (noise, light, odour, dust etc) can be permitted to cause a nuisance to surrounding properties.

1. No mud, crushed rock or other debris is to be permitted to be carried onto public roads or footpaths from the subject land. Appropriate measures must be in place at all times during construction to prevent this occurrence to the satisfaction of the Responsible Authority.

1. The whole of the subject land, including landscaped and paved areas, must be drained to the legal point of discharge to the satisfaction of the Responsible Authority.

1. Waste water for off-site discharge must be treated in accordance with the requirements of the Environment Protection Authority.

1. All waste water generated onsite must comply with City West Water Trade Waste requirements and EPA waste water requirements before discharge to the reticulated sewerage system.

Completion of Development and Commencement of Use (USE AND DEVELOPMENT)

1. This permit will expire if one of the following circumstances applies;

(a) The development is not started within three (3) years of the date of this permit;

(b) The development is not completed within five (5) years of the date of this permit;

(c) The use does not start within two years after the completion of the development.

(d) The use is discontinued for a period of two (2) years.

The Responsible Authority may extend the periods referred to if a request is made in writing whereby either of the following instances apply:

(a) before or within six (6) months after the permit expiry date, where the use or development allowed by the permit has not yet started; or

(b) within twelve (12) months after the permit expiry date, where the proposal allowed by the permit has lawfully started before the permit expires.

[1] Section 4(2)(d) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) states a failure to make a decision is deemed to be a decision to refuse to make the decision.

[2] 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] VSC 549 (4 September 2025).