(a) Screening as shown on the plans dated 14 May 2025, attached to the evidence statement of Mr Iles.

(b) Window arrangements (to reduce internal overlooking potential across the accessway) at level 1 as shown on Finnis Architecture, Interiors, Communities plan TP201, dated 3 June 2025, Revision E.

(c) Reduce the front fence to Townhouse 201 to a maximum of 1.7 metres in height above the finished surface level, to be achieved by providing additional retaining walls in a stepped arrangement between the front fence and the front title boundary.

(d) Increase the accessway width at the front boundary of the review site to 6.1 metres, as shown on Finnis Architecture, Interiors, Communities plan TP200 dated 16 May 2025, Revision E, and attached to the evidence of Mr Fairlie at Appendix D.

(e) Update to the bin configuration in the waste area as shown on Finnis Architecture, Interiors, Communities plan dated 16 May 2025.

(f) A Tree Management Plan in accordance with condition 4 of this Permit.

(g) A Landscape Plan in accordance with condition 5 of this Permit.

(h) A Sustainable Management Plan in accordance with condition 7 of this Permit.

(i) Any changes required by the Sustainable Management Plan.

(j) A Waste Management Plan in accordance with condition 8 of this Permit.

(k) Any changes required by the Waste Management Plan.

(l) A Car Park Management Plan in accordance with condition 9 of this Permit

(m) Any changes required by the Car Park Management Plan.

all to the satisfaction of the Responsible Authority.

1. The development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.

Compliance with documents approved under this permit

1. At all times what the permit allows must be carried out in accordance with the requirements of any document approved under this permit to the satisfaction of the responsible authority.

1. Concurrent with the submission of amended plans required by Condition 1 and prior to any demolition or site works, a Tree Management Plan (TMP) must be submitted to and approved by the Responsible Authority. The TMP must be prepared by a suitably qualified and experienced Arborist and must set out recommendations and requirements in relation to the management and maintenance of Council's White Cedar (Melia azedarach) and Flowering Gum (Corymbia ficifolia), trees No. 1 and 6 as identified in the Arborist Report submitted with the application, prepared by Arbor Survey dated 25 March 2024.

The TMP must be approved by the Responsible Authority prior to the commencement of any works, including demolition and/or levelling of the site. The TMP must make specific recommendations in accordance with the Australian Standard AS4970: 2009 - Protection of Trees on Development Sites and detail the following to the satisfaction of the Responsible Authority ensuring the trees to be retained remain healthy and viable during construction:

(a) A Tree Protection Plan drawn to scale that shows:

1. Tree protection zones and structural root zones of all trees to be retained,
2. All tree protection fenced off areas and areas where ground protection systems will be used;
3. The type of footings within any tree protection zones;
4. Any services to be located within the tree protection zone and a notation stating all services will either be located outside of the tree protection zone, bored under the tree protection zone, or installed using hydro excavation under the supervision of the Project Arborist; and
5. A notation to refer to the Tree Management Plan for specific detail on what actions are required within the tree protection zones.

(b) Details of how the root system of any tree to be retained will be managed. This must detail any initial non-destructive trenching and pruning of any roots required to be undertaken by the Project Arborist.

(c) Supervision timetable and certification of tree management activities required by the Project Arborist to the satisfaction of the responsible authority; and

(d) Any remedial pruning works required to be performed on tree canopies located within subject site. The pruning comments must reference Australian Standards 4373:2007, Pruning of Amenity Trees and a detailed photographic diagram specifying what pruning will occur. Pruning must only be carried out by Council's Arborist.

The recommendations contained in the approved tree management plan must be implemented to the satisfaction of the Responsible Authority.

1. Concurrent with the endorsement of any plans pursuant to Condition 1, an amended landscape plan prepared by a Landscape Architect or a suitably qualified or experienced landscape designer, drawn to scale and dimensioned must be submitted to and approved by the Responsible Authority. When endorsed, the plan will form part of the Permit. The Landscape Plan must be generally in accordance with the Landscape Plan prepared by memLa, dated 19 May 2025 (Revison A), but modified to show:

(a) Any changes made in the layout in the condition 1 plans;

(b) A notation referencing the tree protection measures detailed in the Tree Management Plan.

When approved the plan will be endorsed and will then form part of the permit.

1. Before the occupation of any of the buildings allowed by this permit, landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and thereafter maintained to the satisfaction of the Responsible Authority.

1. Concurrent with the endorsement of plans requested pursuant to Condition 1, a Sustainable Management Plan and Green Travel Plan (in accordance with Clause 15.01-2L-02) to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority.

Upon approval the Sustainable Management Plan and Green Travel Plan will be endorsed as part of the planning permit and the development must incorporate the initiatives outlined in the plan to the satisfaction of the Responsible Authority.

This plan may only be amended with the prior written consent of the Responsible Authority.

1. Concurrent with the endorsement of plans pursuant to Condition 1, a Waste Management Plan must be submitted and approved by the Responsible Authority. The plan must be generally in accordance with the Waste Management Plan prepared by Ratio, dated 17 April 2024, except that the plan must be modified to accord with the plans endorsed under condition 1, and Council's MUD and Commercial Developments WMP Guide for Applicants.

The provisions, recommendations and requirements of the endorsed Waste Management Plan must be implemented and complied with to the satisfaction of the Responsible Authority.

This plan may only be amended with the prior written consent of the Responsible Authority.

1. Concurrent with the endorsement of plans pursuant to Condition 1, a Car Park Management Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the Car Park Management Plan will be endorsed and will form part of this permit. The Car Park Management Plan must address, but not be limited to, the following:

(a) The number and location of car spaces for visitors and shared waste collection use;

(b) The arrangements for the shared use space for waste collection activities;

(c) A schedule of all proposed signage indicating location of the shared use space and warning for drivers of larger vehicles to avoid vehicle strikes on buildings above the driveway;

(d) Details regarding the management of loading and unloading from larger vehicles unable to clear buildings above the driveway.

(e) Policing arrangements and formal agreements.

The provisions, recommendations and requirements of the endorsed Car Park Management Plan must be implemented and complied with to the satisfaction of the Responsible Authority.

This plan may only be amended with the prior written consent of the Responsible Authority.

1. Prior to the commencement of any site works (including demolition and excavation), a Construction Management Plan must be submitted and approved by the Responsible Authority. No works are permitted to occur until the Plan has been endorsed by the Responsible Authority. Once endorsed, the construction management plan will form part of the permit and must be implemented to the satisfaction of the Responsible Authority. The plan must address the following issues:

(a) Hours for construction activity in accordance with any other condition of this permit;

(b) Measures to control noise, dust and water and sediment laden runoff;

(c) Prevention of silt or other pollutants from entering into the Council's underground drainage system or road network;

(d) Measures relating to removal of hazardous or dangerous material from the site, where applicable;

(e) A plan showing the location and design of a vehicle wash-down bay for construction vehicles on the site;

(f) Cleaning and maintaining surrounding road surfaces;

(g) A site plan showing the location of any site sheds, on-site amenities, building waste storage and the like, noting that Council does not support the siting of site sheds within Council road reserves;

(h) Public Safety and site security;

(i) A plan showing the location of parking areas for construction and sub- contractors' vehicles on and surrounding the site, to ensure that vehicles associated with construction activity cause minimum disruption to surrounding premises. Any basement car park on the land must be made available for use by sub-constructors/tradespersons upon completion of such areas, without delay;

(j) A Traffic Management Plan showing truck routes to and from the site;

(k) Swept path analysis demonstrating the ability for trucks to enter and exit the site in a safe manner for the largest anticipated truck associated with the construction;

(l) Measures to ensure that sub-contractors/tradespersons operating on the site are aware of the contents of the Construction Management Plan;

(m) Contact details of key construction site staff; and

(n) Except with the prior written consent of the Responsible Authority, a requirement that construction works must only be carried out during the following hours:

1. Monday to Friday (inclusive) - 7.00am to 6.00pm;
2. Saturday - 9.00am to 1.00pm; and
3. No works are permitted on Sundays or Public Holidays.

The provisions, recommendations and requirements of the endorsed Construction Management Plan must be implemented and complied with to the satisfaction of the Responsible Authority.

This plan may only be amended with the prior written consent of the Responsible Authority.

1. The site must be drained to the satisfaction of the Responsible Authority. Stormwater must be directed to the Point of Connection as detailed in the Legal Point of Discharge report. Stormwater must not be allowed to flow into adjoining properties including the road reserve.

1. Any new apartment development 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. Subject to the consent of the Responsible Authority within 30 days of a written request, a street tree is to be planted in the location of the redundant eastern crossover prior to occupation of any of the dwellings approved in this permit.

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 three (3) years of the issued date of this permit.

(b) The development is not completed within five (5) 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] At the time of that decision: Evident in Clause 21.04 and 22.01.

[3] Vassilakis v Monash CC [2021] VCAT 572; Zhou v Monash CC [2021] VCAT 452; Jarmien Development Pty Ltd v Monash CC [2018] VCAT 1076 (the last decision predates Am C125 Part 2).

[5] This is both the content of the GRZ3 that is currently (post approval of Amendment VC276) found in the Monash Planning Scheme, and was also found in the version of GRZ3 that existed prior to the approval of Amendment VC267.

[6] That was found in the version of GRZ3 that existed prior to the approval of Amendment VC267.

[7] As set out in the first dot point on page 30 of the Council's submissions.

[8] That was found in Schedule 3 to the General Residential Zone and Clause 55 before the time of the approval of Amendment VC267.

[9] That was found in Schedule 3 to the General Residential Zone and Clause 55 before the time of the approval of Amendment VC267.

[10] That was found in Schedule 3 to the General Residential Zone and Clause 55 before the time of the approval of Amendment VC267.

[11] That was found in the version of Clause 55 that existed prior to the approval of Amendment VC267.