1. I do not share the same view as council. The DDO mandatory requirement of one dwelling, may be constructed on a lot has been met. I agree with the permit applicant the proposal is a single dwelling, and the application material is very clear that the application is for a single dwelling only. I say this for the following reasons:
   • The application material included the development of a dwelling including associated vegetation removal and works. It was accompanied by a clause 54 assessment. The council assessed the application against clause 54. The application did not include evidence from council that the proposal is considered more than one dwelling.
   • The proposed plans show a single dwelling comprising four/five bedrooms, two kitchens, two laundries, numerous bathrooms/amenities, study, store room and a triple garage. A dwelling can have more than one kitchen or laundry. It is also common for a dwelling to have numerous bathrooms and toilets.
   • The main entry is via a covered porch on the eastern side of the dwelling, leading into a formal entry hall and feature wall. The secondary entrance is via a direct internal access from the triple garage, also leading to the central corridor. The living zones all have a wide sliding door opening onto an outdoor area, including the living zone to Bedroom 4. This zone is no different to the other living area which has a sliding door out onto the decking area.
   • There is no fencing around the dwelling to show a distinction between dwellings.
   • The triple garage and associated storage are not physically separated from the main entry of the dwelling, the garage is integrated within the dwelling. The garage is not allocated for exclusive car parking spaces for each dwelling, an indication the space functions for a single dwelling and not communal shared space serving individual dwellings independently.
   • The building is a contemporary single dwelling with a well -considered, functional layout, with multiple living zones, private spaces, and luxury amenities. It is a large family home. Its design supports multi-generational living, accommodating a range of household types, from teenagers requiring their own space, to adult children residing at home with their partners for longer periods, or ageing parents returning to family living, providing independent living. Equally, the layout allows for flexibility to host guests, visiting family members, or live-in support such as a nanny/carer. This level of adaptability I find is responding to the current housing challenges, including issues of affordability, by providing a flexible living arrangement within a single, high quality dwelling.
2. The applicant also referred to several Tribunal decisions which I also will not recite, but agree with the applicant that the application is for a dwelling. I am satisfied that the proposal is for a dwelling and will delete condition 1a).

1. We discussed conditions during the hearing, and I have generally adopted the conditions contained in council's NOD. As outlined above, I have deleted condition 1a).
2. I have not adopted the permit applicant's suggestion regarding the landscape conditions in condition 1, council was hesitant to change the landscape conditions because the plan was acceptable in principle but required further review by officers. I have therefore retained the conditions on the NOD relating to landscape plan.

1. For the reasons given above, the decision of the responsible authority is varied. A permit is granted subject to conditions.

1. Remove, destroy or lop any vegetation in Vegetation Protection Overlay.

1. Construct a building or construct or carry out works as the general requirements are not met.

1. Construct a front fence measuring more than 2 metres in height and is less than 50% transparent.

1. Before the developments starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions. The plans must be generally in accordance with the plans E01, A01-A05, Issue C, prepared by Mt Martha design + drafting, dated 7 April 2025 but modified to show:

(a) The landscaping plan prepared by a suitable landscape professional, that must show:

1. 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.
2. A range of plant types from ground covers to large shrubs and trees.
3. At least two canopy trees which will grow to a minimum height of 15 metres and four canopy trees which will grow to a minimum height of 8 metres to be planted in the front setback; and at least two canopy trees which will grow to a minimum height of 10 metres to be planted in the private open space.
4. The delineation of all excavation, garden beds, paving, grassed areas, retaining walls, fences and other landscape works.
5. Landscaping and planting within all open areas of the site.
6. At least 50 percent species selection by type and number must be indigenous to the local Ecological Vegetation Class [EVC175 - Grassy Woodland] to the satisfaction of the Responsible Authority.
7. All trees must be installed at a minimum height when planted of 1.5 metres and shrubs installed at a minimum pot size of 150mm.
8. All species selection must be to the satisfaction of the Responsible Authority.

1. The approved development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority (unless otherwise specified by a condition of this permit, consent is not required for any buildings or works which do not require a planning permit under the Mornington Peninsula Planning Scheme).

1. The materials and colours of the exterior finish of the building must be in accordance with the endorsed plans unless with the further permission of the Responsible Authority.

1. Prior to the initial occupation of the dwelling external finishes must be completed to a professional standard to the satisfaction of the Responsible Authority.

1. The extent of clearing of vegetation as shown on the endorsed plans must not be altered or modified without the consent of the Responsible Authority.
2. All disturbed surfaces on the land resulting from the development must be revegetated and stabilised to the satisfaction of the Responsible Authority.

1. A vehicular crossing must be provided to the standards of the Responsible Authority prior to the initial occupation of the dwelling.
2. A driveway must be provided to the land and surfaced to the satisfaction of the Responsible Authority. It must be completed prior to the initial occupation of the dwelling.
3. All disused or redundant vehicle crossings must be removed, and the area reinstated with nature strip, kerb and channel, and footpath to the satisfaction of the Responsible Authority.

1. Within six months of the practical completion of the development (or other time agreed to in writing by the Responsible Authority), the landscaping works shown on the endorsed plans must be carried out and completed, to the satisfaction of the Responsible Authority.
2. The landscaping referred to in Condition 8. above must be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced as soon as practicable.

1. Prior to the commencement of any demolition, building or works, appropriate tree protection fencing, must be erected to the greatest extent practicable, around the Tree Protection Zones ('TPZ') of the retained trees on the subject site, adjoining land and road reserve. The tree protection fencing must be installed in accordance with the requirements of Australian Standard AS4970 - 2025 Protection of trees on development sites. The tree protection fencing must remain in place until the completion of any works hereby approved. Within the TPZ the following activities are prohibited unless shown on the endorsed plans or approved in writing by the Responsible Authority:
   • Excavation, trenching, placement of fill or soil level changes.
   • Storage or cleaning of tools or equipment.
   • Preparation of chemicals including preparation of cement products.
   • Parking, refuelling or cleaning of vehicles or plant.
   • Dumping of waste.
   • Temporary or permanent installation of utilities or signs.
2. All excavation within the TPZ of retained trees on the subject site and adjoining land must be undertaken using a method which is non-destructive to tree roots in compliance with Australian Standard AS AS4970 - 2025 Protection of trees on development sites. Any tree roots which require pruning must be cut with a clean sharp cutting implement with a final cut to undamaged wood at an angle which minimises the size of the wound.

No tree roots over 40mm in diameter are to be cut unless under the direct supervision of a Level 5 qualified Arborist. No tree roots critical to maintaining tree health, structure or viability are to be cut. These tree roots must be retained undamaged and alternative design and construction methods used.

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 and are advised of any obligations in relation to the protection of those trees.

Residential gas reticulated 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 as it relates to development (buildings and works) will expire if one of the following circumstances applies:

(a) The development is not started within two (2) years of the issued date of this permit.

(b) The development is not completed within four (4) years of the issued date of this permit.

In accordance with Section 69 of the Planning and Environment Act 1987 (Vic), an application may be submitted to the responsible authority for an extension of the periods referred to in this condition

[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.

[2] P1351/2024 section 80 review.

[3] Nearmap May 2025 (site identified with x).

[4] P1278/2024 section 82 review.

[5] Planning Permit P18/1806 granted on 19 March 2019 by council.

[8] As confirmed by the applicant during the hearing, shown through Nearmap and photographs tendered by all parties in their submission.

[10] Application Plans - ground floor plan, red circle shows the kitchen/laundry and black circle shows each entry into the dwelling.