1. corrections to elevations to accord with floor plans; 2. a notation on TP1-104 to specify sightlines for vehicles exiting the site are to the satisfaction of the Responsible Authority;

1. a notation on plan TP1-105 to state that public access to the landscaped area along the western edge of level 01 from the communal balcony is prohibited other than for maintenance purposes;

1. the provision of a canopy around the ground level of the building providing suitable weather protection for pedestrians, with the width of the protrusion, height about footpath level and materials used, to the satisfaction of the Responsible Authority; 2. deletion of road parking space on the western side of Balcombe Service Road between gridlines C1 and C2 on drawing TP1-104 revision 2 by Jackson Clements Burrows Architects and generally in accordance with condition 21 hereof; 3. the provision of a zebra crossing on drawing TP1-104 generally in accordance with condition 18 hereof;

1. the provision of detailed engineering design plans of the proposed alterations to the alignment of the service road, location of the pedestrian crossing and the proposed parking and loading bays within the service road (at the full cost of the owner/developer), demonstrating that these alterations would be safe and meet the requirements of Council and VicRoads;
2. provision of an on-site loading/unloading bay on TP1-103 in the area noted as car park No 20 and the adjoining vacant area for residential and commercial occupants and alterations to the layout to provide at least 23 car spaces for shared customer and visitor use in the unsecured area of the car park;
3. Provision of lift and stair access to basement level 3;
4. provision of pedestrian crossing(s) and pedestrian paths within the splitter island to the satisfaction of the Responsible Authority;
5. a notation to state that all works associated with pedestrian access to the retail tenancies to be located within the boundaries of the subject site;

1. the vehicle access to the basement be a minimum of 6.1 metres wide with a minimum carriageway of 5.5 metres;

1. pedestrian access to the pump room to be redesigned to the satisfaction of the Responsible Authority;
2. dimensions of the bicycle parking area and bicycle parking rails;
3. car parking in compliance with all relevant Australian Standards and design standards within Clause 52.06 of the Kingston Planning Scheme;
4. a comprehensive stormwater management strategy of the site to the satisfaction of the Council;
5. the provision of a longitudinal section of the basement ramp showing gradients, levels, distances, with headroom clearances complying with AS2890.1:2004 and flood proof apex as per requirement of Melbourne Water;
6. provision of a Lighting Plan indicating the location, type, lux/illumination of all external lighting, ensuring that it is installed in such positions to effectively illuminate all pathways within the site, car parks, open space areas within the site, the laneway to the south and communal areas to be designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on neighbouring land;
7. the provision of a full colour, finishes and building materials schedule, (illustrated on an A4 or A3 sheet), for all external elevations and driveways of the development;
8. site services including any hydrants or substations to be wholly contained (including the opening of doors) within the site's property boundaries;
9. parapet heights to north facing balconies on Level 1 and Level 8, pursuant to the recommendations contained within the Vipac Wind Effect Statement, dated 21 June 2013;

1. south facing Level 1 balconies provided with screening to a height of 1.7 metres and no more than 25% transparency;

1. dividing walls/screens between apartment balconies nominated as having a height of at least 1.7 metres and no more than 25% transparency;

1. Full length glazed bedroom doors in the one bedroom apartments relying on borrowed light;

1. the allocation of car parking spaces in accordance with the Car Parking Management Plan required by Condition 39 of this Permit;
2. the provision of a minimum of 6 cubic metres of external storage allocated for each apartment;
3. the sustainable design initiatives outlined in the Sustainable Management Plan required by Condition 23 of this Permit; and
4. any recommendations contained within the acoustic report required by Condition 42 of this Permit which relate to built form, materials etc, which are able to be reflected on plans.

1. Alteration to the layout of the one bedroom apartments 108, 111-114, 207, 210-213, 308, 311-4314, 407, 410- 412, 508, 511, 512, 606, 609 and 709 in accordance with plans prepared by Jackson Clement Burrows dated 14 January 2014.

1. Before the development starts or unless otherwise agreed to by the Responsible Authority a revised landscape plan (for all levels and to scale at 1:100) 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 generally in accordance with Landscape Plan Drawings LC1-2 Rev C and LC2-2 dated 20/12/2013 prepared by MEMLA Pty Ltd and associated planting schedule for the site showing the proposed location, species type, mature height and width, pot sizes and number of species to be planted on the site, with such plans to be prepared by a suitably qualified landscape professional and incorporating:
   1. the delineation of all garden beds including the two levels of landscaping adjacent to the western boundary at Level 1, paving, grassed areas, retaining walls, fences and other landscape works including areas of cut and fill throughout the development;
   2. adequate planting densities (e.g. plants with a mature width of 1 metre, planted at 1 metre intervals);
   3. low plantings within the north-eastern ground floor building splay, no higher than 900mm;
   4. all trees provided at a minimum of two (2) metres high at time of planting;
   5. suitable species selected for use within the planter boxes;
   6. details of drip irrigation;
   7. sustainable lawn areas and plant species taking current water restrictions into consideration;
   8. a range of plant types from ground covers to large shrubs and trees;
   9. medium to large shrubs and trees provided in pot sizes of 200mm or greater;
   10. notation to state that any planting proposed outside of the boundaries of the subject site is to be with the consent of and to the satisfaction of Council and VicRoads;
   11. the provision of a notation on the landscape plan regarding site preparation, including the removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements; and
   12. on drawing LC1-2 revision C by MEMLA Landscape Architects the location of the kerb line in relation to the proposed trees on the western side of the Balcombe Service Road.
2. Before the development starts or unless otherwise agreed to by the Responsible Authority detailed landscape plans must be prepared for the site's road and laneway frontages to include the pedestrian paths around the perimeter of the site, and the laneway to the south of the site based from a feature survey and generally in accordance with the Landscape Plan Drawings LC1-2 Rev C and LC2-2 Project 1441 dated 20/12/2013 prepared by MEMLA Pty Ltd, showing:
   1. an additional 3 trees within the laneway to the south of the building;
   2. deletion of the planter at the end of the laneway if any necessary road closure or other approvals are not achieved;
   3. the installation of street lighting, street furniture, parking and wayfinding signage, and laneway surface treatments, with all materials selected from Council's Streetscape Suite;
   4. full details of all paving and footpath/laneway surface treatments including width, design, colour and material detail;
   5. canopy trees within the public realm, consistent with the planting recommendations contained within the Vipac Wind Effect Statement, dated 21 June 2013, with species to be approved by the Responsible Authority;
   6. an associated planting schedule showing the location, species type, mature height and width, pot sizes and number of species, watering regime and method of planting of all trees and feature planting (including tree guards); and
   7. the removal of all redundant vehicle crossings.
3. Before the development starts or unless otherwise agreed to by the Responsible Authority, a Maintenance Plan must be submitted to and approved by the Responsible Authority to ensure that landscaping undertaken within the title boundaries in accordance with the endorsed landscape plan is subject to appropriate ongoing management (at the full cost of the owner/developer), providing for irrigation, pruning, mulching, dead wood removal and any plant replacement etc.

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

1. In any case where works required under this permit, on the area marked R1 and R2 on the Lodged Plan 14401 and abutting the Land (the "Unused Lane") do not receive the necessary consents from Council or any other party to be carried out:

1. those works on the Unused Lane need not be completed; and 2. the unused Lane will be constructed as a lane, to the reasonable satisfaction of the Responsible Authority; and

1. the endorsed plans will be amended to the satisfaction of the Responsible Authority.

1. No polluted and/or sediment laden runoff is to be discharged directly or indirectly into Melbourne Water's drains or watercourses.
2. The finished ground floor level of the proposed building, including lift lobby, tenancies and service areas must be a minimum of 300mm above the applicable flood level.
3. The entry/exit driveway of the basement car park must incorporate a flood proof apex of a minimum of 300mm above the applicable flood level.
4. All doors, windows, vents and external openings to the basement car park must be a minimum of 300mm above the applicable flood level.
5. Prior to the issue of an Occupancy Permit, a certified survey plan, showing finished floor levels (as constructed) reduced to the Australian Height Datum, must be submitted to Melbourne Water to demonstrate that the floor levels have been constructed in accordance with Melbourne Water's requirements.
6. Prior to the commencement of works a separate application, directed to Melbourne Water, must be made for any new or modified storm water connection to Melbourne Water's drains or watercourses. Prior to accepting an application, evidence must be provided demonstrating that Council considers that it is not feasible to connect to the local drainage system. Contact Asset Services on telephone 9679 6614 for Melbourne Water's connection requirements, including payment of appropriate fees.

1. Prior to the commencement of the permitted development, a detailed functional layout drawing of the Warrigal Road/Balcombe Road service lane ("Service Lane") intersection must be submitted to and approved by VicRoads showing:
   1. Details of the extension of the central median island on Warrigal Road discouraging the right turn manoeuvre from Warrigal Road into the Service Lane.
   2. Appropriate signage on the extended central median island banning the right turn manoeuvre from Warrigal Road into the Service Lane.
2. Prior to the commencement of use of the permitted development and/or commencement of road works required by VicRoads under this permit, a detailed engineering design must be prepared generally in accordance with the accepted functional layout drawing and to the satisfaction of VicRoads.
3. Before the use of the permitted development, works as shown on the approved functional and detailed plans must be completed to the satisfaction of and at no cost to VicRoads.
4. The preparation of the detailed engineering design and the construction and completion of all works must be undertaken in a manner consistent with current VicRoads' policy, procedures and standard and at no cost to VicRoads. In order to meet VicRoads' requirements for these tasks the applicant will be required to comply with the requirements documented as "Standard Requirements - Developer Funded Projects" and any other requirements considered necessary depending on the nature of the work.
5. No work must be commenced in, on, under or over the road reserve without having first obtaining all necessary approval under the Road Management Act 2004, the Road Safety Act 1986, and any other relevant acts or regulations created under those Acts.
6. Unless otherwise approved, prior to commencement of the permitted development, a detailed functional layout of the proposed pedestrian crossing (zebra crossing) across Balcombe Road service lane must be submitted to VicRoads and the Responsible Authority for approval. The pedestrian crossing should be designed generally in accordance with VicRoads Traffic Engineering Manual and should include details of available sightlines at the pedestrian crossing.
7. Works as shown on the approved detailed functional layout of the proposed pedestrian crossing (zebra crossing) must be complete to the satisfaction of the Responsible Authority.
8. Unless otherwise approved, prior to the commencement of the permitted development, a detailed landscape layout drawing provided details of trees and vegetation within the arterial road reserve must be submitted to the Responsible Authority and VicRoads for approval. Trees must be located out outside the vehicle crash clear zone. VicRoads will not be responsible for the maintenance of tree and vegetation within the arterial road reserve.
9. Unless otherwise approved, prior to the commencement of the permitted development, a revised ground floor drawing, generally in accordance with drawing TP1-104 revision 2 by Jackson Clements Burrows Architects must be submitted to VicRoads for approval. The revised ground floor drawing must show the removal of the car parking space on the western side of Balcombe Road service lane closest to the vehicle access point (car parking space located between grid lines C1 and C2).

1. Prior to the commencement of the use permitted by this permit on the Land, a Waste Management Plan must be submitted and approved to the satisfaction of the Responsible Authority and will then form part of the permit. This Waste Management Plan must be secured by a Section 173 Agreement to be entered into between the Responsible Authority and initially the land owner and then the relevant Owners Corporation, unless otherwise agreed by the Responsible Authority.

1. Prior to the endorsement of plans pursuant to Condition 1, a Sustainability Management Plan (SMP) that outlines the sustainable design initiatives that will be implemented by the development must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The SMP must demonstrate that the development will meet the minimum BCA energy efficiency standards of a minimum 5 star and average 6 star energy rating.

The SMP must incorporate consideration of the following sustainable design criteria:

1. Indoor environment energy efficiency
2. Water resources

1. Building materials
2. Bicycle parking
3. Waste management
4. Urban ecology
5. Innovation
6. Ongoing building and site management

In relation to these sustainable design criteria, the SMP must:

1. Identify relevant sustainability targets or performance standards;
2. Document the means by which the appropriate target or performance will be achieved;

1. Identify the different areas of responsibility and provide a schedule for implementation, ongoing management, maintenance and monitoring; and

1. Demonstrate that the design elements, technologies and operational practices that comprise the SMP can be maintained over time.

1. Before the development commences, a MUSIC report (or similar) to demonstrate that the development meets Victoria's best practice stormwater targets pursuant to Clause 19.03-2 must be submitted to and approved by the Responsible Authority. Achieving compliance with this condition must not conflict with other conditions contained within the permit.

1. Before the commencement of any buildings and works on the Land, a Construction Management Plan (CMP), to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed as evidence of its approval and will then form part of the permit and shall thereafter be complied with to the satisfaction of the Responsible Authority. The CMP must specify and deal with, but is not limited to, the following:

1. a detailed schedule of works including a full project timing; 2. a traffic management plan for the site, including when or whether any access points would be required to be blocked; an outline of requests to occupy public footpaths or roads, or anticipated disruptions to local services; and preferred routes for trucks delivering to the site;

1. the location for the parking of all construction vehicles and construction worker vehicles during construction;

1. delivery of materials including times for loading/unloading and unloading points; expected frequency; and details of where materials will be stored and how concrete pours would be managed; 2. proposed traffic management signage indicating any inconvenience generated by construction; 3. a fully detailed plan indicating where construction hoardings would be located; 4. a waste management plan including the containment of waste on site, disposal of waste, stormwater treatment and on-site facilities for vehicle washing; 5. containment of dust, dirt and mud within the site and method and frequency of clean up procedures in the event of build up of matter outside the site; 6. business operations on the site during construction; 7. site security; 8. public safety measures;

1. construction times, noise and vibration controls;

1. restoration of any Council assets removed and/or damaged during construction; 2. protection works necessary to road and other infrastructure (limited to an area reasonably proximate to the site); 3. remediation of any damage to road and other infrastructure (limited to an area reasonably proximate to the site); 4. an emergency contact that is available for 24 hours per day for residents and the Responsible Authority in the event of relevant queries or problems experienced; 5. traffic management measures to comply with provisions of AS 17 42.3-2002 Manual of uniform traffic control devices - Part 3: Traffic control devices for works on roads; and 6. all contractors associated with the construction of the development must be made aware of the requirements of the Construction Management Plan.
2. Prior to the commencement of any buildings and works on the land, a pre- construction site and immediate surrounds inspection and condition assessment of all road ways and footpaths abutting the development is to be submitted to and approved in writing by the Responsible Authority. This must occur in a media (photos/video) which is able to accurately illustrate the full condition of all potentially impacted assets prior to the construction commencing. In the event of damage during construction, such damage will be required to be repaired by the developer, at the developer's cost and to the satisfaction of the Responsible Authority.
3. During the construction, the following must occur to the satisfaction of the Responsible Authority:

1. any stormwater discharged into the stormwater drainage system is to comply with EPA guidelines; 2. stormwater drainage system protection measures must be installed as required to ensure that no solid waste, sediment, sand, soil, clay or stones from the premises enters the stormwater drainage system;

1. vehicle borne material must not accumulate on the roads abutting the site;

1. the cleaning of machinery and equipment must take place on site and not on adjacent footpaths, roads or parks; 2. all litter (including items such as cement bags, food packaging and plastic strapping) must be disposed of responsibly; and 3. all site operations must comply with the EPA Publication TG302/92 (including all revisions or replacement guidelines).

1. The developer/owner must contact the Responsible Authority and VicRoads (if required) and arrange traffic management plans and WORKS ZONE for any works that may affect traffic (both vehicular and pedestrian) or parking on Balcombe Road, Warrigal Road or the service road to the front of the site or any of the surrounding streets. Works vehicles may not be able to stop in the street fronting the property. The developer will be responsible for the costs of arranging a WORKS ZONE and reinstatement of parking restriction signs, to the satisfaction of the Responsible Authority.

Drainage and Water Sensitive Urban Design (WSUD)

1. A flood proof apex (ie ridge level) of minimum 300mm above 1 in 100 year Melbourne Water flood level must be provided to protect the basement from flooding. This apex is to fully surround the proposed development to ensure that no water can enter the underground portions of the property via other routes such as doors, windows, vents and openings to the basement car park. This apex is to continue through any driveways or pathways that may cross it. The apex is to be a permanent structure (e.g. rise in concrete driveway/pathway, sleeper retaining wall, solid brick fence/wall). Low mounded soil on its own is unlikely to be acceptable due to the likelihood of future disturbance.
2. The development of the site must be provided with stormwater works which incorporates the use of water sensitive urban design principles to improve stormwater runoff quality and which also retains on site any increase in runoff as a result of the approved development. The system must be maintained to the satisfaction of the Responsible Authority. Council's Development Engineer can advise on satisfactory options to achieve these desired outcomes which may include the use of an infiltration or bioretention system, rainwater tanks connected for reuse and a detention system.
3. Before the development commences, a Stormwater Management Plan showing the stormwater works to the nominated point of discharge must be prepared to the satisfaction of the Responsible Authority. The Stormwater Management Plan must be prepared by a qualified person and show all details of the proposed stormwater works including all existing and proposed features that may have impact (e.g. trees to be retained, crossings, services, fences, abutting buildings, existing boundary surface levels, etc.).
4. All basement and subsurface construction must be to the satisfaction of Council.

1. Property boundary and footpath levels must not be altered without the prior written consent from the Responsible Authority.
2. The replacement of all footpaths, including offsets, must be constructed the satisfaction of the Responsible Authority.
3. All reinstatements and vehicle crossings must be constructed to the satisfaction of the Responsible Authority, with the vehicle crossing to be constructed to Council's industrial strength specifications.
4. All redundant vehicle crossings must be removed to the satisfaction of the Responsible Authority.
5. Any relocation of pits or the power pole or other services affected by this development must be relocated to the satisfaction of the relevant servicing authority and the Responsible Authority, entirely at the cost of the owner/developer.

1. Prior to the occupation of the dwellings or shops hereby permitted, areas set aside for parking vehicles (including on-street car parking), access lanes and paths (including upgrading of the pedestrian pavement) as shown on the endorsed plans must be:

1. Constructed to the satisfaction of the Responsible Authority, at the full cost of the owner/developer of the land. 2. Properly formed to such levels that they can be used in accordance with the plans.

1. Surfaced in accordance with the endorsed plans under this permit or in an all weather coloured concrete seal-coat, to the satisfaction of the Responsible Authority.

1. Drained and maintained to the satisfaction of the Responsible Authority. 2. Line-marked to indicate each car space and all access lanes, with the basement ramp line-marked to indicate two-way traffic.

Parking areas and access lanes must be kept available for these purposes at all times and maintained to the satisfaction of the Responsible Authority.

1. Before the development commences, a car parking management plan prepared by an appropriately qualified traffic consultant must be submitted to and approved by the Responsible Authority. When approved, the car parking management plan will be endorsed and form part of this permit. The car parking management plan must address, but is not necessarily limited to, all of the following:

1. The number and location of the car parking spaces to each dwelling/tenancy generally in accordance with the following (and denoting those that are designated as disabled spaces): * 1 car space per apartment (minimum), and 2 car spaces for each three bedroom apartment * 6 staff car spaces for the four retail premises, with a minimum of 1 car space to each * 23 car spaces to be shared for residential and retail visitors and one loading/unloading bay in the unsecured part of the car park. 2. The management of visitor and customer car parking spaces and security arrangements for occupants of the development;

1. Details of way finding, cleaning, security of end of trip bicycle facilities;

1. A schedule of all proposed signage including directional arrows and signage, informative signs indicating location of disabled bays and bicycle parking, exits, restrictions etc; 2. Details on how the resident bicycle parking and visitor bicycle parking spaces are to be secured and how visitors are to gain access to this area; and 3. Details regarding the management of loading and unloading of goods and materials for the retail tenancies and residential uses.

The car parking management plan must be implemented to the satisfaction of the Responsible Authority. No alterations may be made without the prior written approval of the Responsible Authority.

1. Exterior lighting must be installed in such positions as to effectively illuminate all communal areas. Such lighting must be designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on neighbouring land.

1. If a certificate or a statement of environment audit is issued or intended to be issued for the land, then:

1. the Council must be provided with a copy of the environmental audit report and any clean-up to the extent practicable submission and determination, and a copy of the certificate of environmental audit, or the statement of environmental audit; 2. prior to the commencement of the use of the land or the issue of an occupancy permit under the Building Act 1993 a letter prepared and signed by an environmental auditor in respect of the land must be submitted to the Council to verify that any conditions attached to any statement of environmental audit issued for the land have been satisfied to the extent necessary for the commencement of the use of the land allowed by this permit;

1. any development and / or use permitted by this permit must comply with conditions imposed in any statement of environmental audit for the land: and

1. if required or arising from a statement of environmental audit, the owner must enter into an agreement with the Council under section 173 of the Planning and Environment Act 1987 to provide for the following: 1. compliance with the conditions of any statement of environmental audit issued in respect of the land; and 2. to notify future occupiers of the land of any conditions attached to any statement of environmental audit.

The agreement must be prepared by or on behalf of the Council and must contain terms and conditions to the satisfaction of the Council. The owner must pay the reasonable Council costs of the preparation, execution and registration of the section 173 agreement.

1. Prior to the commencement of development, an acoustic report to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The report must be prepared by a suitably qualified acoustic engineer to show:
   1. how any mechanical plant equipment installed or constructed as part of the development will be treated to meet the requirements of State Environment Protection Policy N-1; and
   2. the acoustic treatment required to residential dwellings to protect occupants from external traffic noise sources, which meet the requirements of Australian/New Zealand Standard (AS/NZS) 2107:2000 'Acoustics - Recommended design sound levels and reverberation times for building interiors'. Assessment shall be based on developments near major roads and ensure that internal noise levels with apartment windows and doors closed comply with the following:
      1. between 10pm and 7am bedrooms shall not exceed LAeg, 9hour 40dB(A); and
      2. between 7am and 10pm in living area shall not exceed LAeg, 15hour 45dB(A).

Where there are recommendations of an ongoing nature, these must be implemented to the satisfaction of the Responsible Authority. [A NYA]

1. The amenity of the area must not be detrimentally affected by the use or development on the land, including through:

1. the transport of materials, goods or commodities to or from land; 2. the appearance of any buildings, works or materials;

1. the emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or

1. the presence of vermin.
2. All piping and ducting above the ground floor storey of the development (other than rainwater guttering and downpipes) must be concealed to the satisfaction of the Responsible Authority.
3. All works on or facing the boundaries of adjoining properties must be finished and surface cleaned to a standard that is well presented to neighbouring properties in a manner to the satisfaction of the Responsible Authority.
4. All fixed external screening to prevent overlooking marked on the endorsed plans shall be maintained by the owner of the land to the satisfaction of the Responsible Authority. The provision of any obscure glazing shown on the endorsed plans must be through frosted glass or similarly treated glass, and thereafter maintained to the satisfaction of the Responsible Authority. Adhesive film or the like that can be removed must not be used.

1. Prior to the occupation of any building approved under this permit, written confirmation from the author of the endorsed Sustainable Management Plan is to be submitted to the Responsible Authority that all of the required measures specified in the SMP have been implemented.
2. Prior to the occupation of the dwellings hereby permitted, the landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority. The landscaping must then be maintained to the satisfaction of the Responsible Authority.
3. Prior to the occupation of the dwellings hereby permitted, all buildings and works and the conditions of this permit must be complied with to the satisfaction of the Responsible Authority, unless with the further prior written consent of the Responsible Authority.
4. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

1. In accordance with Section 68 of the Planning and Environment Act 1987 (The Act), this permit will expire if one of the following circumstances applies:
   • The development is not started within three (3) years from the date of permit issue.
   • The development is not completed within five (5) years from the date of permit issue.
   • The use is discontinued for two (2) years.

In accordance with Section 69 of The Act, the responsible authority may extend the periods referred to if a request is made in writing:

• before the permit expires; or
• within six (6) months after the permit expiry date, where the use or development allowed by the permit has not yet started; or
• within twelve (12) months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires.

[1]We have considered all submissions and evidence presented by the parties and the Statements of Grounds submitted to the Tribunal although we do not recite all of the contents in these reasons.

[2] P25/2013 Pace Development Group Pty Ltd v Kingston CC issued 20 January 2014.

[3] Pursuant to Amendment C96 to the Kingston Planning Scheme gazetted 18 June 2009.

[4] Kingston Planning Scheme Amendment C96 Mentone Bowls Site and Surrounds September 2008.

[5] [2012] VCAT 38

[6] Mentone Junction Precinct Urban Design Analysis draft prepared by Hansen Partnership Pty Ltd for Kingston City Council February 2012.

[7] Panel Report Kingston Planning Scheme Re-exhibited Amendment C128Mentone Junction Built Form Controls 23 December 2013.

[8] Mentone Junction Precinct Urban Design Analysis prepared by Hansen Partnership Pty Ltd for Kingston City Council October 2013.

[9] The wording in the built form standards for the review site in both the draft and final version of the Hansen Partnership Urban Design Analysis is confusing with reference to a maximum building height of both four and six storeys.

[10] Pace Development Group Pty Ltd v Kingston CC & Ors [2013] VCAT 193

[11] At pages 31 & 32 of the Panel Report.

[12] Mr Sheppard and Mr McGurn interpreted the footnote to allow increased height of architectural features rather than additional storeys.

[13]Part of Amendment VC100 gazetted 15 July 2013.

[14]Independent Urban Design Advice for Proposed Development at 1-9 Balcombe Road, Mentone, June 2013 prepared by Robert McGauran and provided by Council at the hearing.

[15] At clauses 16.01-4, 21.03 and 21.05 of the Scheme.

[17] At clause 16.01-1 and 16.01-2 of the Scheme.

[18] At clauses 11.01-2 and 32.04 of the Scheme.

[19] Including Moorabbin to Mordialloc Integrated Framework Plan Final Report - July 2008.

[20] For example DDO19 allows for 7 storeys at Moorabbin Activity Centre and DDO21 allows for 8 storeys at Highett.

[21] Pace Development Group Pty Ltd v Kingston CC & Ors [2013] VCAT 193

[22]At clauses 15, 21.05, 22.11 and 32.04 of the Scheme and Design Guidelines

for Higher Density Residential Development (Department of Sustainability and

Environment 2004) and Safer Design Guidelines for Victoria (Crime Prevention Victoria and Department of Sustainability and Environment, 2005).

[23] Department of Sustainability and Environment 2004, a document referred to at clause 15.01-2 of the Scheme and in the decision guidelines of the Mixed Use zone.

[24] Clause 52.06 specifies 4 car spaces per 100m² of leasable floor area for both shop and food and drink premises.

[25]At clause 52.07 of the Scheme that includes loading bay dimensions.

[26] Condition numbers refer to the version of draft conditions provided to the Tribunal on the final day of hearing.