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[2011] VCAT 475
Victorian Civil and Administrative Tribunal
2011-03-22
Original judgment source is linked above.
Construction of a five storey building containing 28 dwellings and two commercial tenancies (comprising shops, food and drink premises (other than a hotel or tavern) or offices, use of part of the land as an office, a reduction of the standard car parking requirements and a waiver of the loading bay requirements.
The Construction Management Plan approved under this permit must be implemented and complied with at all times to the satisfaction of the responsible authority unless with the further written approval of the responsible authority.
The owner and/or occupier must ensure through correct site management practices that mud, dirt or dust is not transferred from the site onto adjoining public roads to the satisfaction of the responsible authority. In the event that roads are affected, the owner must upon the direction of the responsible authority, take the necessary remedial action, to the satisfaction of the responsible authority.
The permit holder must take all reasonable steps to prevent the circulation of dust from the building site during construction to adjoining properties to the satisfaction of the responsible authority.
Prior to the endorsement of plans, the Environmentally Sustainable Development (ESD) Assessment Report prepared by Sustainable Development Consultants dated November 2010 must be modified to fully detail implementation of the ESD initiatives in terms of responsibilities for management, maintenance and monitoring by a suitably qualified environmental engineer or equivalent expert to the satisfaction of the Responsible Authority. The modified ESD Assessment Report will be endorsed as part of this permit. The recommendations of the report must be incorporated into the design and layout of the development and must be implemented to the satisfaction of the Responsible Authority prior to the occupation of any dwelling.
All works must be undertaken in accordance with the endorsed ESD Management Plan to the satisfaction of the responsible authority. No alterations to the ESD Management Plan may occur without written consent of the responsible authority.
Prior to the endorsement of plans, an environmental sustainability plan generally in accordance with that prepared by Ecologically Sustainable Development, or a report by an appropriately qualified person or company, must be submitted to the responsible authority for approval pursuant to this permit. The report must be to the satisfaction of the responsible authority and, when approved, will become part of the permit. The environmental sustainability plan must be implemented and complied with at all times to the satisfaction of the responsible authority unless with the further written approval of the responsible authority.
Hot water to the new dwelling(s) must be from a gas-boosted solar hot water system or other system with similar or enhanced energy efficiency to the satisfaction of the responsible authority.
Prior to the endorsement of plans, the Disability Access Plan submitted with the application must be modified by a suitably qualified access auditor to include floor layouts drawn to scale and with dimensions for the adaptable dwellings to the satisfaction of the responsible authority. The modified Plan will be endorsed as part of this permit. The Plan must provide for, but not be limited to, the following:
When submitted and approved to the satisfaction of the responsible authority, the Disability Access Plan and associated notated plans will form part of this permit.
Once approved the GTP must form part of the Planning Permit or any ongoing Management Plan for the site to ensure the plan continues to be implemented by residents/owners to the satisfaction of the Responsible Authority.
Car parking must be provided at a rate of 1 space per commercial tenancy on site.
The car parking spaces provided on the land must be solely associated with the development allowed by this permit and must not be subdivided or sold separately from the development for any reason without the written consent of the responsible authority.
Prior to the occupation of the development, an automatic light must be installed and maintained in the parking area so that the light operates automatically when a vehicle enters or leaves the land between dusk and dawn and no direct light is emitted onto adjoining property.
Bicycle signage at least 300 mm wide and 450 mm high showing a white bicycle on a blue background must be erected directing cyclists to the location of the bicycle parking as required by Clause 52.34-5 of the Moreland Planning Scheme.
Prior to the occupation of the development, the right-of-way is to be resurfaced to the satisfaction of the Responsible Authority.
Prior to the occupation of the development, all visual screening measures shown on the endorsed plans must be installed to the satisfaction of the responsible authority. All visual screening and measures to prevent overlooking must be maintained to the satisfaction of the responsible authority. Any screening measure that is removed or unsatisfactorily maintained must be replaced to the satisfaction of the responsible authority.
No portion of the building, other than a verandah, is to project into the road reserve to the satisfaction of the responsible authority.
Prior to the occupation of the development, all boundary walls must be constructed, cleaned and finished to the satisfaction of the responsible authority.
Construction and maintenance of the building must be in accordance with the recommendations contained in the environmental noise assessment report prepared by Vipac Engineers & Scientists Ltd dated 11 February 2011, including implementation of Option 1 at point 7.2 and Option 2 at point 7.3 of the report, to the satisfaction of the responsible authority.
All stormwater from the land, where it is not collected in rainwater tanks for re-use, must be collected by an underground pipe drain approved by and to the satisfaction of the responsible authority.
Mailboxes are required to be located as close to the public footpath as possible in accordance with the Australia Post - General Post Guide 2004 (Point G4.3) as published on its website to the satisfaction of the responsible authority. The dimensions of each mailbox are to be in accordance with the Guide.
Prior to the occupation of the development, the existing vehicle crossing not to be used in this use or development must be removed and the kerb and channel and footpath reinstated to the satisfaction of the responsible authority.
No polluted and / or sediment laden runoff is to be discharged directly or indirectly into Melbourne Water's drains or watercourses.
Finished floor area of the retail area, excluding the straight rail stair riser must be constructed 300 mm above the applicable flood level.
The finished floor level of the surrounding floor space at the lift entry/s must be constructed 300 mm above the applicable flood level.
The car parking, bike spaces and storage areas must be constructed no lower than 36.13 metres to Australian Height Datum (AHD).
This permit will expire if one of the following circumstances applies:
The responsible authority may extend the periods referred to if a request is made in writing before the permit expires or within three months afterwards.
Pomeroy Pacific Pty Ltd
Moreland CC No. 2 [2011] VCAT 475
Daryl Pelchen Architects Pty Ltd v Stonnington CC & Ors [2010] VCAT 1670.