1. a schedule of construction materials, external finishes and colours; 2. a 'visitor only' sign to be erected at the visitor car space; and

1. the design and profile of the screens to the decking of Units 7 and 8.

1. Prior to the commencement of works (excluding works reasonably required to conduct the risk assessment required in this condition), the owner of the land must to the satisfaction of the Responsible Authority:

1. engage an appropriately qualified consultant with demonstrated experience in the assessment of landfill gas in the subsurface environment as either an environmental auditor or as an assessment consultant for an environmental audit process specifically considering landfill gas, to conduct an assessment of the potential presence of methane beneath the land and prepare and submit to the Responsible Authority a scope of the proposed risk assessment, which may comprise a desktop/ literature based assessment and/ or a site-specific intrusive landfill gas investigation. 2. upon approval of the scope of the risk assessment by the Responsible Authority, have the consultant conduct the risk assessment and prepare a report to be submitted to the Responsible Authority which contains the consultant's opinion as to any potential hazard associated with methane beneath the land and any recommendations for the management or monitoring of methane gas. The consultant must also provide an opinion on whether an audit is required under section 53V of the Environment Protection Act 1970.

1. implement any recommendations of the risk assessment report. If any recommendations require any ongoing management or monitoring, the owner must enter into an agreement under section 173 of the Planning and Environment Act 1987 with the Responsible Authority requiring the implementation of any ongoing requirements.

1. The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.
2. At all times the following conditions must be met, to the satisfaction of the Responsible Authority:

1. only clean/unpolluted rainwater must be discharged to the stormwater drainage system; 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 materials must not be allowed to accumulate on the roads abutting the site;

1. all machinery and equipment associated with the development must be cleaned (if required) on site and not on adjacent footpaths or roads; and 2. all litter associated with the development (including items such as cement bags, food packaging and plastic stripping) must be disposed of responsibly.
2. The development must at all times comply with the Environmental Protection (Residential Noise) Regulations 2008.
3. Prior to the issue of any Certificate of Occupancy in relation to the development, or as otherwise approved by the Responsible Authority in writing, the area(s) set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be:
   1. constructed;
   2. properly formed to such levels that they can be used in accordance with the plans;
   3. surfaced with an all-weather-seal coat; and
   4. drained

1. Car spaces, access lanes and driveways must be kept available for these purposes at all times.
2. A letter box must be provided for each dwelling on the Land to the satisfaction of the Responsible Authority. Such area(s) must be kept clean and tidy.
3. All service meters must be located towards the front of the Land in a convenient location easily accessible to the relevant Authorities, to the satisfaction of the Responsible Authority.
4. All pipes (except downpipes), fixtures, fittings and vents servicing any building on the Land must be concealed in service ducts or otherwise hidden from view, to the satisfaction of the Responsible Authority.

1. Before the development starts a landscaping plan, to the satisfaction of the Responsible Authority, generally in accordance with the plan by John Patrick and Associates (drawing. no. L-VCAT-01 dated October 2011) must be submitted to and approved by the Responsible Authority. Where practicable, the plan must provide for plants that do not rely on wind pollination along the southern boundary. When approved, the plan will be endorsed and will then form part of the permit.
2. Prior to the issue of any Certificate of Occupancy in relation to the development or as otherwise approved by the Responsible Authority in writing landscaping shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority.
3. Landscaping as shown on the endorsed plans must be maintained in perpetuity to the satisfaction of the Responsible Authority.

1. Access to the site and ancillary road works must be constructed in accordance with the requirements of the Responsible Authority.
2. Prior to the commencement of the development, a Vehicle Crossing Permit must be obtained from Council's Engineering Department.
3. Prior to the commencement of the development, vehicular crossing(s) must be constructed to the road to suit the proposed driveway(s) to the satisfaction of the Responsible Authority.
4. The crossover must be located and constructed to the satisfaction of the Responsible Authority in accordance with plans approved by the Responsible Authority. The plans submitted must show all services within the road reservation including power poles, drainage pits and Telstra pits.
5. All disused or redundant vehicle crossings must be removed and replaced with kerb and channel, nature strip and footpath, to the satisfaction of the Responsible Authority.
6. A permit must be obtained from Council's Engineering Department prior to the commencement of works in accordance with condition 19.
7. An on-site stormwater drainage retention system must be installed on the Land to the satisfaction of the Responsible Authority.
8. The entire development site must be connected to the existing underground drainage and sewerage systems to the satisfaction of the Responsible Authority.

1. Prior to the issue of any Certificate of Occupation in relation to the development, a Waste Management Plan must be submitted to the Responsible Authority for approval. When approved, the Waste Management Plan will be endorsed and will then form part of the permit. The Waste Management Plan must detail:
   1. the location of refuse/garbage bin storage and collection areas for each of the dwellings on the Land, which must be graded, drained and screened from public view; and
   2. the type of refuse/garbage bins, type and size of trucks, means of accessing bins and frequency of refuse collection

1. The waste management plan must be implemented to the satisfaction of the Responsible Authority.
2. Collection of waste must be conducted so as not to cause any disturbance to nearby residential properties and may only occur between the hours of 6.30am and 8.00pm Monday to Saturday and 9.00am to 8.00pm Sundays and Public Holidays, to the satisfaction of the Responsible Authority.

1. Access must not be provided from the Land to the Crown land to the north known as Pioneer Park.
2. There must be no storage of materials or parking of vehicles associated with the Land on the Crown land to the north known as Pioneer Park.
3. There must be no discharge of stormwater or other concentrated flow of water onto the Crown land. All stormwater and surface drainage must be directed to a legal point of discharge away from the Crown land to the north known as Pioneer Park.

1. This permit will expire if one of the following circumstances applies:
   1. the development is not started within two years of the date of this permit,
   2. the development is not completed within four years of the date of this permit.

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.

[1] I have considered all submissions presented by the parties although I do not recite all of the contents in these reasons.

[2] [2001] VCAT 2269

[8] [2000] VCAT 1198

[9] [1999] VCAT 1886

[10] [2008] VCAT 634

[12] [2010] VCAT 498