1. Before the development 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 and an electronic copy must be provided. The plans must be generally in accordance with the plans submitted with the application (identified as Project No. 623, Sheets 1-8, 10-11, 13, 14A-14G and 15 (19 Sheets total), Revision A, prepared by C Mydaras Design and Planning but modified to show:

(a) The front fence planter boxes and depth of fence to be shown the ground floor plans.

(b) The planter box on the east side of the fence to commence at 1250 mm either behind or in front of the battens with a minimum of 50 per cent transparency.

(c) The first-floor front façade setback a further 800 mm in line with the party wall on the eastern boundary and to match the upper level.

(d) The light court at level 1 and 2 increased to match the length and width of the adjoining light court at 45 Beaconsfield Parade.

(e) Obscured glazing to the light court windows to a height of 1.7 m above finished floor level of level 1 and the light court windows to be fixed to a height of 1.7 m above finished floor level.

(f) Deletion of privacy screens along the western boundary opposite the light court.

(g) The first floor, floor plan showing the rear balcony privacy screen and planter box as shown on the elevations.

(h) The privacy screening of the first-floor balcony to include returns to attach to the dwelling.

(i) The southern end of the terrace roof, setback to the start of the revised light court space and neighbouring light court at No. 45 Beaconsfield Parade.

(j) The revised lightcourt (see condition 1 d) to be enclosed with a 1.7m high wall.

(k) The roof terrace floor plan to show all planter boxes as shown on the elevations.

(l) The roof plan amended to show the same front setback for the terrace as the roof terrace plan.

(m) The planter box at the northern end of the roof terrace to extend along the east and west elevation to the commencement of the terrace roof at a width of 1.2 m.

(n) Any water sensitive design infrastructure such as water tanks or water gardens as required by condition 9 of this permit.

(o) Any changes as required by Melbourne water conditions

1. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason without the prior written consent of the Responsible Authority.

1. Once the development has started it must be continued and completed to the satisfaction of the

1. Prior to the endorsement of plans under condition 1 of this permit, a full schedule of materials, finishes and paint colours, including colour samples (colour samples in a form that is able to be endorsed and held on file), must be submitted to, be to the satisfaction of, and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit.

1. Privacy screens as required in accordance with the endorsed plans must be installed prior to occupation of the building and thereafter maintained to the satisfaction of the Responsible Authority.

1. Prior to endorsement of plans under condition 1 of this permit, cross section elevation drawings of the screens to the first floor balcony and window at the rear of level 1 must be submitted to, be to the satisfaction of, and approved by the Responsible Authority. The drawings must:
   • Be drawn to scale and fully dimensioned;
   • Clearly delineate any solid parts of the screen and any louvre or batten parts of the screen;
   • Clearly illustrate how any louvre or batten arrangement will prevent sightlines into
   • neighbouring properties' private open space and windows;
   • Show the exact width and thickness of each louvre or batten, the exact spacing between each louvre or batten and a section detail from behind the screen demonstrating that views of neighbouring private open space and windows are precluded.

1. Prior to occupation of the development approved by this permit all new or extended walls on or facing the boundary of adjoining properties and/or a laneway must be cleaned and finished to a uniform standard to the satisfaction of the Responsible Authority. Unpainted or unrendered masonry walls must have all excess mortar removed from the joints and face and all joints must be tooled or pointed also to the satisfaction of the Responsible Authority. Painted or rendered or bagged walls must be finished to a uniform standard to the satisfaction of the Responsible Authority.

1. Any plant, equipment or domestic services visible from the primary street frontage (other than a lane) or public park must be located and visually screened to the satisfaction of the Responsible Authority.

1. Prior to the endorsement of plans under condition 1 of this permit, a Water Sensitive Urban Design (Stormwater Management) Report that outlines proposed stormwater treatment measures must be submitted to, be to the satisfaction of and approved by the Responsible Authority.

The report must demonstrate how the development meets the water quality performance objectives as set out in the Urban Stormwater Best Practice Environmental Management Guidelines (CSIRO) or as amended. This can be demonstrated by providing;

• A STORM report with a score of 100% or greater (or MUSIC modelling for large scale developments),
• A plan showing the catchment area in m2,
• The stormwater device included on the relevant floor plans (devices are to include raingarden(s), rainwater tank(s), permeable paving etc. or a combination of one or more).

The report must demonstrate how the stormwater device will be maintained on an on-going basis. This can be demonstrated by providing a maintenance manual including the following information;

• A full list of maintenance tasks,
• The required frequency of each maintenance task (monthly, annually etc.),
• Person responsible for each maintenance task.

When approved, the Report will be endorsed and will form part of this permit.

Incorporation of Water Sensitive Urban Design Measures

1. Prior to the occupation of any dwelling/building approved under this permit, the provisions, recommendations and requirements of the endorsed Water Sensitive Urban Design Report must be implemented and complied with to the satisfaction of the Responsible Authority.

Construction Management Water Sensitive Urban Design

1. The developer must ensure that throughout the construction of the building(s) and construction and carrying out of works allowed by this permit;

(a) No water containing oil, foam, grease, scum or litter will be discharged to the stormwater drainage system from the site;

(b) All stored wastes are kept in designated areas or covered containers that prevent escape into the stormwater system;

(c) The amount of mud, dirt, sand, soil, clay or stones deposited by vehicles on the abutting roads is minimised when vehicles are leaving the site.

(d) No mud, dirt, sand, soil, clay or stones are washed into, or are allowed to enter the stormwater drainage system;

(e) The site is developed and managed to minimise the risks of stormwater pollution through the contamination of run-off by chemicals, sediments, animal wastes or gross pollutants in accordance with currently accepted best practice.

1. Prior to the endorsement of plans under this permit, amended plans to the satisfaction of Melbourne Water and Council must be submitted to and approved by Melbourne Water and Council. The plans must be generally in accordance with the plans submitted with the application but modified to include:

(a) The finished floor levels of the dwelling to be a minimum of 3.0 metres to Australian Height Datum (AHD).

1. Finished floor levels of the new dwelling to be constructed no lower than 3.0 Metres to Australian Height Datum (AHD), which is 600 mm above the applicable flood level of 2.4 metres AHD.

1. This permit will expire if one of the following circumstances applies:

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

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

The Responsible Authority may extend the periods referred to if a request is made in writing:

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

[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.