Peter Wright & Associates Pty Ltd v Bayside CC [2016] VCAT 1389

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 three copies must be provided. The plans must be generally in accordance with the plans TP1 to TP16, inclusive of TP10-1, Rev B, dated 29/02/2016 prepared by Peter Wright & Associates Pty Ltd but modified to show:
- (a) A schedule of all external materials showing the colours and finishes of all external walls, roofing, fascia, window frames and paving.
- (b) A Landscape Plan in accordance with Condition 6 of this permit.
- (c) The location of all proposed external plant and equipment including air conditioning units, heating units, hot-water systems, etc.
- (d) Water Sensitive Urban Design Measures in accordance with Condition 9 of this permit.
The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.
All pipes with the exception of downpipes, fixtures, fittings and vents servicing the dwellings must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority.
No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the dwellings without the written consent of the Responsible Authority.
The walls on the boundaries of the adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.
Before the development starts, a Landscape Plan to the satisfaction of the Responsible Authority 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 plan must be drawn to scale with dimensions and three copies must be provided. The landscaping plan must be generally in accordance with the Landscape Plan dated 11 March 2016 prepared by Faulkner & Chapman.
Before the occupation of the development starts or by such later date as is approved by the Responsible Authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority.
The landscaping shown on the endorsed plans must be maintained to the satisfaction of the Responsible Authority.
Before the development starts, detailed water sensitive urban design (stormwater management) plans to the satisfaction of the Responsible Authority must be submitted to and be approved by the Responsible Authority. When approved, the stormwater management plans will be endorsed and will then form part of the permit. The stormwater management plans must be drawn to scale with dimensions and three copies must be provided. The stormwater management plans must show but are not limited to:-
- (a) The type of water sensitive urban design stormwater treatment measures to be used;
- (b) The location of the water sensitive urban design stormwater treatment measures in relation to buildings, sealed surfaces and landscaping areas;
- (c) Design details of the water sensitive urban design stormwater treatment measures, including cross sections;
The stormwater management plans must be accompanied by a report from an industry accepted performance measurement tool, which details the treatment performance achieved and demonstrates the level of compliance with the Urban Stormwater Best Practice Environmental Management Guidelines, CSIRO 1999.
The water sensitive urban design (stormwater management) system as shown on the endorsed plan must be constructed, operated and maintained in accordance with the Urban Stormwater - Best Practice Environmental Management Guidelines, CSIRO 1999 and to the satisfaction of the Responsible Authority.
Prior to the commencement of any works or commencement of the development, including demolition or bulk excavation, a Site Specific Construction Management Plan must be submitted to and be approved by the Responsible Authority. The Construction Management Plan must address but is not limited to:
- (a) public safety, amenity and site security;
- (b) hours of works, including any limitations on hours when noisy or dust generating activities is to occur in proximity to sensitive boundaries,
- (c) noise and vibration controls;
- (d) air quality and dust management;
- (e) stormwater runoff and sediment controls;
- (f) waste and materials management including the nomination of areas for the unloading and / or storage of materials and supplies and the loading of wastes;
- (g) areas set aside for worker amenities if any;
- (h) areas or the location of workers vehicle parking and
- (i) traffic management.
All works and development must be undertaken in accordance with the approved Construction Management Plan.
This permit will expire if one of the following circumstances applies:
- (a) The development is not started within two years of the issued date of this permit.
- (b) The development is not completed within four years of the issued date of this permit.

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 three copies must be provided. The plans must be generally in accordance with the plans TP1 to TP16, inclusive of TP10-1, Rev B, dated 29/02/2016 prepared by Peter Wright & Associates Pty Ltd but modified to show:
- (a) A schedule of all external materials showing the colours and finishes of all external walls, roofing, fascia, window frames and paving.
- (b) A Landscape Plan in accordance with Condition 6 of this permit.
- (c) The location of all proposed external plant and equipment including air conditioning units, heating units, hot-water systems, etc.
- (d) Water Sensitive Urban Design Measures in accordance with Condition 9 of this permit.
The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.
All pipes with the exception of downpipes, fixtures, fittings and vents servicing the dwellings must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority.
No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the dwellings without the written consent of the Responsible Authority.
The walls on the boundaries of the adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.
Before the development starts, a Landscape Plan to the satisfaction of the Responsible Authority 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 plan must be drawn to scale with dimensions and three copies must be provided. The landscaping plan must be generally in accordance with the Landscape Plan dated 11 March 2016 prepared by Faulkner & Chapman.
Before the occupation of the development starts or by such later date as is approved by the Responsible Authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority.
The landscaping shown on the endorsed plans must be maintained to the satisfaction of the Responsible Authority.
Before the development starts, detailed water sensitive urban design (stormwater management) plans to the satisfaction of the Responsible Authority must be submitted to and be approved by the Responsible Authority. When approved, the stormwater management plans will be endorsed and will then form part of the permit. The stormwater management plans must be drawn to scale with dimensions and three copies must be provided. The stormwater management plans must show but are not limited to:-
- (a) The type of water sensitive urban design stormwater treatment measures to be used;
- (b) The location of the water sensitive urban design stormwater treatment measures in relation to buildings, sealed surfaces and landscaping areas;
- (c) Design details of the water sensitive urban design stormwater treatment measures, including cross sections;
The stormwater management plans must be accompanied by a report from an industry accepted performance measurement tool, which details the treatment performance achieved and demonstrates the level of compliance with the Urban Stormwater Best Practice Environmental Management Guidelines, CSIRO 1999.
The water sensitive urban design (stormwater management) system as shown on the endorsed plan must be constructed, operated and maintained in accordance with the Urban Stormwater - Best Practice Environmental Management Guidelines, CSIRO 1999 and to the satisfaction of the Responsible Authority.
Prior to the commencement of any works or commencement of the development, including demolition or bulk excavation, a Site Specific Construction Management Plan must be submitted to and be approved by the Responsible Authority. The Construction Management Plan must address but is not limited to:
- (a) public safety, amenity and site security;
- (b) hours of works, including any limitations on hours when noisy or dust generating activities is to occur in proximity to sensitive boundaries,
- (c) noise and vibration controls;
- (d) air quality and dust management;
- (e) stormwater runoff and sediment controls;
- (f) waste and materials management including the nomination of areas for the unloading and / or storage of materials and supplies and the loading of wastes;
- (g) areas set aside for worker amenities if any;
- (h) areas or the location of workers vehicle parking and
- (i) traffic management.
All works and development must be undertaken in accordance with the approved Construction Management Plan.
This permit will expire if one of the following circumstances applies:
- (a) The development is not started within two years of the issued date of this permit.
- (b) The development is not completed within four years of the issued date of this permit.

At a glance

Court

Decision date

Source

Judgment (5 paragraphs)

Parties

Cases Cited (1)

Peter Wright & Associates Pty Ltd v Bayside CC [2016] VCAT 1389 (18 August 2016)