Demolition of the existing buildings on site, buildings and works including construction of a multi-storey building with basement levels for use as office and associated facilities, use of the site as a gym (Restricted Recreation Facility); use of the land as a Function centre; and a reduction of the car parking requirements in accordance with the endorsed plans.

1. Prior to the commencement of the gym use and the development (including any demolition or bulk excavation) on the land, an electronic copy of plans drawn to scale must be submitted to the Responsible Authority generally in accordance with the submitted VCAT amended plans dated 19.06.20, but amended to show:

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

(b) Provision of one car share space on-site.

(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.

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

Amended level 6 plan before commencement of Function centre use

1. Prior to the commencement of the Function centre use, an electronic copy of an amended level 6 plan drawn to scale must be submitted to the Responsible Authority. The amended plan must be generally in accordance with the submitted VCAT amended level 6 plan dated 2 December 2025 ('VCAT plan'), but amended to show:

(a) A notation confirming that the eastern door and the eastern terrace will remain closed and not be used when the area shaded pale blue on the VCAT plan is being used for Function centre.

(b) A notation confirming that the southern door providing access from the area shaded pale blue on the VCAT plan to the southern terrace available for the Function centre use is to be a self-closing door.

(c) The shared toilet facilities not to be shaded in pale blue.

(d) Details of the structure/barrier to be installed to cordon off the western and eastern parts of the terrace to designate that portion permitted to be used when the area shaded pale blue on the VCAT plan is being used for Function Centre is in use. The barrier must be unable to be moved unless in emergency when the Function Centre is in use.

(e) Details of the location of the structure/ barrier described in (c) above.

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 (excluding demolition and bulk excavation), 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 Function centre use, an amended Waste Management Plan (WMP) must be prepared and submitted to the responsible authority. The amended WMP must be consistent with the endorsed Waste Management Plan prepared by Leigh Design and dated 26 September 2021, but modified to include:

(a) Incorporate the waste assessment for the Function centre generally in accordance with the Waste Management Assessment prepared by Ratio dated 2 December 2025 accompanying the application.

(b) Ensure the WMP includes the standard cover page and version details.

(c) Changes to Figure 3:

1. The bins must be shown in such a way that each type of bin can be accessed by staff without needing to move another bin.
2. The location of the entry/egress door must be consistent with the bin room shown in Basement 1 - Drawing No. TP01.01 G - endorsed on 13/04/2023.

(d) Include clear plan drawings of level 6, showing the waste transfer pathway.

The amended WMP must be to the satisfaction of the Responsible Authority and when approved shall be endorsed under this permit. Waste must be managed in accordance with the WMP.

1. Waste storage and collection arrangements must not be altered without prior consent of the responsible authority.

1. Prior to the commencement of the Gym 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; and
   • 8am to 3pm Sunday.

1. The noise generated by the premises must at all times comply with the requirements of Environment Protection Regulations 2021 and EPA Noise Protocol (EPA Publication 1826.5 or subsequent updated publication), to the satisfaction of the Responsible Authority.

Layout not altered - use of land (Function centre)

1. The layout of the Function centre use on the endorsed plans must not be altered without the written consent of the responsible authority.

1. The Function centre use must not detrimentally affect the amenity of the area by reason of the emission of noise to the satisfaction of the responsible authority.

1. Prior to the commencement of the Function centre use, an amended acoustic report must be prepared by a suitably qualified acoustic consultant and 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 be generally in accordance with the Acoustic Report prepared by Renzo Tonin & Associates dated 2 December 2025, but modified to:

(a) Incorporate any changes necessary to ensure consistency between the acoustic report and the endorsed Operational Management Plan under condition 30.

(b) Incorporate any additional requirements or recommendations set out in the Acoustic Report prepared by Renzo Tonin & Associates dated 28 November 2024.

(c) Specify that music is limited to:

1. Recorded music playing at background levels on the outdoor terrace through the existing sound system (including noise limiter) to 11pm.
2. Recorded music playing indoors through the existing sound system (including noise limiter) to 1am.
3. Amplified music that is not played through the existing sound system indoors only to 11pm.
4. Live music that is not played through the existing sound system indoors only to 11pm and excluding amplified instruments other than vocals.

(d) The noise limiter or other device must automatically 'switch off' any sound to the speakers on the outdoor terrace by 11pm each day.

(e) The noise limiter or other device must automatically 'switch off' any sound to the internal speakers 30 minutes before end time of any event occurring after 11pm.

The use of the Function centre must be conducted in accordance with the endorsed acoustic report to the satisfaction of the responsible authority.

Any recommendations of the report must be implemented at no cost to the Melbourne City Council prior to commencement of the Function centre use.

1. The responsible authority with just cause may at any time require a further acoustic report for the Function centre use. The report must be prepared by a suitably qualified acoustic engineer. The report must be to the satisfaction of the responsible authority and identify all potential noise sources and noise attenuation work required to comply with the Environment Protection Regulations 2021 and EPA Noise Protocol (EPA Publication 1826.5 or subsequent updated publication). The recommendations of the report must be implemented and complied with to the satisfaction of the responsible authority.

The recommendations of any further acoustic testing report must be implemented by the applicant to the satisfaction of the Responsible Authority.

1. The noise limiter installed at level 6 on the land must be maintained and always operated when any music is played through the internal sound system. The noise limiter must be set at a level specified by a qualified acoustic engineer to ensure the venue complies with the endorsed acoustic report under Condition 23 to the satisfaction of the Responsible Authority,

1. No music or public address system (including background music) may be emitted from external speakers on the outdoor terrace as shown on the endorsed plans after 11.00pm on any day.

1. Any external glazing system/doors shown on the endorsed plans must be closed when amplified music is playing, except for access and egress to the satisfaction of the Responsible Authority.

1. The Function Centre must only operate between the following hours to the satisfaction of the responsible authority:

Maximum number of persons for the Function centre

1. Unless with the prior written consent of the Responsible Authority, the number of persons for the Function Centre use must at no time exceed:

Operational Management Plan (Function centre)

1. Prior to the commencement of the Function centre use an Operational Management Plan ('OMP') must be submitted to and approved by the responsible authority. The OMP must be generally in accordance with the OMP prepared by Ratio Consultants and dated 2 December 2025 but modified as follows:

(a) Specify that at all times during the operation of the use, there must be present on the premises a person who is responsible for ensuring that the activities on the premises and the conduct of persons attending the premises do not have a detrimental impact on the amenity of the area to the satisfaction of the responsible authority (the 'event manager').

(b) Provide a definition of the 'operator of the venue'.

(c) Clearly define roles and responsibilities including for the operator of the venue, the event manager and staff.

(d) Remove reference on page 6 of the OMP to a designated pick-up/drop-off area (and associated signage) being provided on Council land.

(e) Specify the location in front of the venue where pick-up and drop-off will be encouraged.

(f) Additional signage in the foyer to assist patrons awaiting transport and to encourage pick up from Jolimont Street.

(g) Include a copy of the endorsed level 6 plan (Condition 2).

(h) Ensure the OMP is consistent with the conditions on the Function centre use set out in this permit (not limited to, but including, the hours of operation and the management and control of noise).

(i) Include the requirements of the endorsed acoustic report under Condition 23 regarding the operation and management of the Function Centre.

(j) Delete reference on page 3 of the OMP to maximum staff numbers.

(k) Include staffing and other measures which are designed to ensure the orderly arrival and departure of patrons including that:

1. At all times when the use is operating there must be a responsible person at ground level to allow guests into and out of the building outside of business hours and to supervise patrons congregating outside the building entrance.
2. signage to be used to encourage responsible off-site patron behaviour.
3. the training of staff in the management of patron behaviour.

(l) Set out a requirement to keep a register of events, type of events and type of music played.

(m) Set out a booking system including requiring consideration of other events scheduled within the building.

(n) Remove requirements relating to the responsible service of alcohol.

(o) Include contact information for the event manager who is on site during operation in addition to the operator of the venue as part of the complaints management process.

(p) Remove the second sentence under 'other restrictions' on page 7 of the OMP.

(q) Include details of how the number of patrons on the terrace will be managed to ensure compliance with the patron number limitation in the permit.

(r) Include recommendations of the Green Travel Plan endorsed under Condition 41.

When approved the amended OMP will be endorsed to form part of this permit.

The use of the Function Centre must be carried out in accordance with the endorsed Operational Management Plan to the satisfaction of the responsible authority.

Contact details of manager to be displayed (Function centre)

1. Prior to the commencement of the Function Centre use, a clearly legible sign must be placed directly outside the entrance to the premises, providing a telephone number effective for contacting the operator of the venue and/or the event manager at all hours when the premises is operating. The design, lighting and maintenance of the sign must be 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:

(a) public safety, amenity and site security.

(b) operating hours, noise and vibration controls.

(c) air and dust management.

(d) stormwater and sediment control.

(e) waste and materials reuse.

(f) traffic management.

1. Prior to the commencement of the Function centre use, an amended Green Travel Plan ('GTP') must be prepared and submitted to the responsible authority. The amended GTP must be consistent with the endorsed Green Travel Plan prepared by O'Brien Traffic dated 8 May 2024, but modified to include:

(a) The changes shown in the Green Travel Plan prepared by O'Brien Traffic dated 11 September 2025.

(b) Clearly define actions that are specific to the Function centre and whether these are the responsibility of the operator of the venue and/or event manager.

(c) Informing all groups booking the venue about their sustainable transport options (PT, walking, cycling, etc.) and encourage all modes of travel except private vehicle.

(d) Encouraging staff to use alternative transport modes.

(e) Directing patrons to where suitable car parking is available via their website (Wellington Parade or nearby commercial carparks).

(f) Advise groups booking the venue and patrons that there is no suitable parking in local streets adjacent to the site.

(g) Advise patrons to be aware that the site is near the MCG and check for events. At these times, the medium-long term on-street parking may be less available.

The amended GTP must be to the satisfaction of the Responsible Authority and when approved shall be endorsed under this permit.

The use of the Function centre must be carried out in accordance with the endorsed Green Travel Plan 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 nighttime 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.

(c) The Function Centre use is not started before 1 April 2028.

1. 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] Written submissions were filed with the Tribunal and have been considered in these reasons.

[2] After the circulation of the amended application, Amendment VC277 was approved on 18 December 2025. It reduced the car parking requirement for the use from 45 spaces to 22 spaces.

[3] Bicycle parking provision is to be met on site in the existing space allocation. No permit is required for a reduction.

[4] 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.

[5] Nuvolink Pty Ltd v Melbourne CC [2020] VCAT 811.

[6] Detailed in the Council officer report, 18 December 2025.