(a) All visitor bicycle parking to be provided on-site only and nominated on the plans.

(c) A corner splay or area at least 50 per cent clear of visual obstructions extending at least 2 metres along the frontage road from the edge of an exit lane and 2.5 metres along the exit lane from the frontage, to provide a clear view of pedestrians on the footpath of the frontage road. The area clear of visual obstructions may include an adjacent entry or exit lane where more than one lane is provided, or adjacent landscaped areas, provided the landscaping in those areas is less than 900mm in height.

(d) The car park security door offset a minimum 6m from the site boundary or a notation on the plans stating that the security door will be left open during peak periods and closed off-peak.

(e) A notation on the plans confirming that all service doors to Jolimont Lane do not project beyond the building line by more than 100mm when in the fully open position.

(f) Any changes in accordance with the corresponding ESD condition.

(g) Any changes in accordance with the corresponding WMP condition.

These amended plans must be to the satisfaction of the Responsible Authority and when approved shall be the endorsed plans of this permit.

1. The development as shown on the endorsed plans must not be altered or modified unless with the prior written consent of the Responsible Authority.

1. Prior to occupation of the development/commencement of the uses all buildings and works required by this permit must be completed to the satisfaction of the Responsible Authority.

1. Before the development starts (excluding demolition or bulk excavation), a Façade Strategy must be submitted to and approved by the Responsible Authority. The Façade Strategy for the development must detail a schedule (and sample board) of materials, finishes and details including but not limited to the colour, type of materials (and quality), construction, appearance and sections of the façade system and sufficient detail to denote high quality detailing and finishes.

Environmentally Sustainable Design (ESD) Statement

1. Prior to commencement of development of any building approved under this permit, an amended Environmentally Sustainability Design Statement must be submitted to the Responsible Authority. The report must be to the satisfaction of the Responsible Authority and must address the following:

(a) A stormwater management report addressing the requirements of Clause 22.23 and VPP Clause 56.07, and particularly those items outlined in the Stormwater Management section of this memo above, must be submitted for review by the Responsible Authority.

(b) Capacity of building integrated solar photovoltaic system.

Implementation of Environmentally Sustainable Design

1. Prior to the occupation of any building approved under this permit, a report from the author of the endorsed ESD report, or similarly qualified persons or companies, outlining how the performance outcomes specified in the amended ESD report have been implemented must be submitted to the Responsible Authority. The report must be to the satisfaction of the Responsible Authority and must confirm and provide sufficient evidence that all measures specified in the approved ESD report have been implemented in accordance with the relevant approved plans. This may include a GBCA Green Star Design & As Built Design Review Rating to confirm compliance with the stated Green Star targets.

1. Following final GBCA certification of the project's Green Star Design & As-Built rating, copies of the certificate must be submitted to the Responsible Authority.

1. Prior to commencement of development, an amended scheme for landscaping and planting in connection with the proposed development must be submitted to, and be approved by the Responsible Authority. This should include landscape plans with detailed planter sections including soil volumes and schedules of species with soil volume requirements and growing media proposed, a Landscape Maintenance Plan providing details of proposed maintenance regimes with provision for maintenance beyond the fifty two week period following Practical Completion and a Landscape Irrigation Performance Specification. Except with the prior written consent of the Responsible Authority the approved landscaping must be implemented prior to the occupation of the development. The landscaped area(s) must be maintained to the satisfaction of the Responsible Authority.

1. Prior to the occupation of the approved use/development, the area set aside for the parking of vehicles and access ways shown on the endorsed plans must be constructed, surfaced, sealed, drained, delineated and maintained at all times to the satisfaction of the Responsible Authority.

1. Prior to the occupation of the development hereby permitted, the area shown on the endorsed plan for loading and unloading of vehicles must be provided and this area must be maintained and be reserved for this purpose at all times, to the satisfaction of the Responsible Authority.

1. Unless with the prior written consent of the Responsible Authority, the loading and unloading of vehicles and delivery of goods to and from the site must at all times take place within the boundaries of the site to the satisfaction of the Responsible Authority.

1. The areas set aside for parking on the endorsed plans must not be operated as a public car parking facility.

1. Areas set aside for car parking in the building are restricted to the parking of commercial, employer, employee, customer or client vehicles in association with the uses conducted on the land.

1. All garbage and other waste material must be stored in an area set aside for such purpose to the satisfaction of the Responsible Authority.

1. Prior to the commencement of the development, a Waste Management Plan (WMP) shall be prepared and submitted to the Melbourne City Council - Engineering Services. The WMP should detail waste storage and collection arrangements and be prepared with reference to the Melbourne City Council Guidelines for Preparing a Waste Management Plan. The Waste Management Plan must include:

(a) A Loading Management Plan (LMP) specifying how the access/egress of loading vehicles is managed. Ideally, the LMP should specify that loading/waste collection should not be undertaken between 7-9am, 4-7pm Mon-Fri, to minimise the likelihood of conflict with cars entering/leaving the car park. A Dock Manager/other should also ideally be employed, responsible for controlling the operation of the loading/waste area, who would assist in addressing any conflicts.

(b) Full swept path diagrams for the waste collection vehicle to the revised collection location.

Waste storage and collection arrangements must not be altered without prior consent of the Melbourne City Council - Engineering Services.

1. Prior to the commencement of the use an acoustic report prepared by a suitably qualified acoustic consultant must be submitted to and approved by the Responsible Authority. When approved the report will be endorsed and will form part of the permit. The report must include the results of acoustic testing and any measures required to attenuate noise from the Health & Wellness area to the satisfaction of the Responsible Authority. The recommendations of the report must be implemented at no cost to the Melbourne City Council prior to commencement of the use.

1. The gym must only be open for the use between the hours of:
   • 6am to 8pm Monday to Friday;
   • 6am to 5pm Saturday;
   • 8am to 3pm Sunday.

1. The noise generated by the premises must at all times comply with the requirements of the State Environment Protection Policy, (Control of Noise from Commerce, Industry and Trade) No. N-1, and State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2, to the satisfaction of the Responsible Authority.

1. Prior to the commencement of the development, a stormwater drainage system, incorporating integrated water management design principles, must be submitted to and approved by the Responsible Authority - Engineering Services. This system must be constructed prior to the occupation of the development and provision made to connect this system to the City of Melbourne's underground stormwater drainage system.

1. Prior to the commencement of the use of the development, all necessary vehicle crossings must be constructed and all unnecessary vehicle crossings must be demolished and the footpath, kerb and channel reconstructed, in accordance with plans and specifications first approved by the Responsible Authority - Engineering Services.

1. The footpaths adjoining the site along Jolimont Lane, Jolimont Street and Agnes Street must be reconstructed together with associated works including the renewal of kerb and channel and modification of services as necessary at the cost of the developer, in accordance with plans and specifications first approved by the Responsible Authority - Engineering Services.

1. Existing street levels in Jolimont Lane, Jolimont Street and Agnes Street must not be altered for the purpose of constructing new vehicle crossings or pedestrian entrances without first obtaining approval from the Responsible Authority - Engineering Services.

Existing street lighting not altered without approval

1. All street lighting assets temporarily removed or altered to facilitate construction works shall be reinstated once the need for removal or alteration has been ceased. Existing public street lighting must not be altered without first obtaining the written approval of the Responsible Authority - Engineering Services.

1. All pedestrian ramps must be designed and constructed in accordance with AS 1428:2009 Design for Access and Mobility and should be fitted with ground surface tactile indicators (TGSI's). Details of the TGSI's must be submitted to and approved by City of Melbourne - Engineering Services prior to their installation.

1. All street furniture such as street litter bins recycling bins, seats and bicycle rails must be supplied and installed on Jolimont Lane, Jolimont Street and Agnes Street footpaths outside the proposed building to plans and specifications first approved by the Responsible Authority - Engineering Services.

1. Prior to the commencement of the development, excluding preliminary site works, demolition and any clean up works, or as may otherwise be agreed with the City of Melbourne, a lighting plan must be prepared to the satisfaction of Council. The lighting plan should be generally consistent with Council's Lighting Strategy, and include the provision of public lighting in Jolimont Lane, Jolimont Street and Agnes Street. The lighting works must be undertaken prior to the commencement of the use of the development, in accordance with plans and specifications first approved by the Responsible Authority - Engineering Services.

1. Prior to the commencement of the development, including demolition or bulk excavation, a detailed construction and demolition management plan must be submitted to and be approved by the Responsible Authority - Construction Management Group. This construction management plan must be prepared in accordance with the Melbourne City Council - Construction Management Plan Guidelines and is to consider the following:

1. Prior to the commencement of the occupation of the development, a Green Travel Plan (GTP) must be prepared by a suitably qualified person to the satisfaction of the Responsible Authority. The GTP must:

(a) Describe the location in the context of alternative modes of transport and objectives for the GTP.

(b) Outline GTP measures for the building including:

1. employee welcome packs to include public transport information;
2. other incentives for employees (i.e. provision of public transport ticket discounts if available);
3. cycle parking and facilities available;
4. GTP management;
5. monitoring and review.

Once approved the GTP will form part of the planning permit or any on-going management plan for the site to ensure the GTP continues to be implemented by the owners/management of the development site to the satisfaction of the Responsible Authority.

1. Prior to the commencement of the occupation of the development, a Road Safety Audit prepared by a suitably qualified traffic engineer identifying the vehicular/bicycle/pedestrian access arrangements, loading arrangements and internal circulation/layout, is to be provided to the satisfaction of the Responsible Authority, unless with the prior written consent of the Responsible Authority.

When approved, this report will be endorsed to form part of the Permit. Where the endorsed Road Safety Audit proposes operational restrictions more stringent than those specified in the conditions contained on this permit, the audit's stricter restriction applies and must be adhered to.

1. All internal lighting must be suitably baffled during night time hours so that no direct light is emitted to nearby residential buildings, to the satisfaction of the Responsible Authority.

1. This permit will expire if one or more of the following circumstances apply:

(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 permit if a request is made in writing before the permit expires, or within six months afterwards. The Responsible Authority may extend the time for completion of the permit if a request is made in writing within 12 months after the permit expires and the development started lawfully before the permit expired.

[1] Section 4(2)(d) of the Victorian Civil and Administrative Tribunal Act 1998 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] See paragraph 15 of the Tribunal's initial order.

[4] Also see paragraph 15 of the Tribunal's initial order.