When approved, the plans will be endorsed and will then form part of this Permit.

1. The layout of the site and size, design and location of buildings and works as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.

Note: This does not obviate the need for a permit where one is required.

1. The walls on the boundary of adjoining properties must be cleaned and finished in a manner to the satisfaction of the Responsible Authority.
2. The car parking allocation for the approved development must be:
   • Not less than one (1) car space for each 1 or 2 bedroom dwelling;
   • Not less than one (1) visitor car space;
   • One (1) car space for each of the shop tenancies.
3. Vehicular crossing(s) must be constructed to the road to suit the proposed driveway(s) to the satisfaction of the Responsible Authority and any existing crossing or crossing opening must be removed and replaced with footpath, naturestrip and kerb and channel to the satisfaction of the Responsible Authority.
4. Areas set aside for the parking of vehicles and access lanes as shown on the endorsed plan(s) must be:
   • (a) constructed;
   • (b) properly formed to such levels that they can be used in accordance with the plans;
   • (c) surfaced with an all-weather sealcoat;
   • (d) drained;
   • (e) line-marked to indicate each car space and all access lanes;
   • (f) clearly marked to show the direction of traffic along the access lanes and driveways

Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose.

1. Prior to the commencement of any site works including demolition and excavation, the owner must submit a Construction Management Plan to the Responsible Authority for approval. No works including demolition and excavation are permitted to occur until the Construction Management Plan has been approved in writing by the Responsible Authority. The Construction Management Plan must be to the satisfaction of the Responsible Authority and must provide details of the following:
   • (a) delivery and unloading points and expected frequency;
   • (b) a liaison officer for contact by owners / residents and the Responsible Authority in the event of relevant queries or problems experienced;
   • (c) an outline of requests to occupy public footpaths or roads, or anticipated disruptions to local services;
   • (d) any requirements outlined within this permit as required by the relevant referral authorities;
   • (e) hours for construction activity in accordance with any other condition of this permit;
   • (f) measures to control noise, dust, water and sediment laden runoff;
   • (g) measures to ensure that sub-contractors/tradespersons operating on the site are aware of the contents of the Construction Management Plan;
   • (h) any construction lighting to be baffled to minimise intrusion on adjoining lots.

Once approved the Construction Management Plan will be endorsed to form part of this permit and must be complied with to the satisfaction of the Responsible Authority and must not be varied except with the written approval of the Responsible Authority.

1. Before the development is occupied, the owner/permit holder must prepare and have approved in writing by the Responsible Authority, a car stacker system management plan including but not limited to the following:
   • (a) allocation of car spaces according to vehicle size and type;
   • (b) ongoing maintenance of the car stacker system;
   • (c) instructions to owners/occupiers about the operation of the car stacker system;
   • (d) communicating to prospective residents about the availability of car stacker spaces and sizes.

Once approved this document must be complied with to the satisfaction of the Responsible Authority and must not be varied except with the written approval of the Responsible Authority.

1. The mechanical car stackers must be maintained by the Owner's Corporation in a good working order and be permanently available for the parking of vehicles in accordance with their purpose to the satisfaction of the Responsible Authority. Should no Owner's Corporation be established, then the lot owner must bear responsibility for ongoing maintenance of the car stacker.
2. During the construction of the buildings and works allowed by this permit, the laneway adjacent to the subject land must be kept free of parked or standing vehicles or any other obstruction, including building materials, equipment etc. so as to maintain free vehicular passage to abutting benefiting properties at all times, unless with the written consent of the Responsible Authority.
3. No buildings or works are to be constructed over any easement or other restriction on the land or any sewers, drains, pipes, wires or cables under the control of a public authority without the prior written consent of the relevant authority and the Responsible Authority.
4. Before the development is occupied, the owner/permit holder must prepare and have approved in writing by the Responsible Authority a Waste Management Plan for the site with respect to the collection and disposal of waste and recyclables to the satisfaction of the Responsible Authority. The Waste Management Plan must provide for the following:
   • (a) the collection of waste associated with the uses on the land, including the provision of bulk waste collection bins or approved alternative, recycling bins, the storage of other refuse and solid wastes in bins or receptacles within suitable screened and accessible areas to the satisfaction of the Responsible Authority. Commercial waste bins being placed or allowed to remain not in view of the public, and receptacles not emitting any adverse odours;
   • (b) designation of methods of collection including the need to provide for private services or utilisation of council services. If private collection is used, this method must incorporate recycling services and must comply with the relevant Environment Protection Authority noise guideline relating to the time of collection;
   • (c) appropriate areas of bin storage on site and areas of waste bin storage on collection days;
   • (d) details for best practice waste management once operating.

Once approved the Waste Management Plan will be endorsed to form part of this permit and must be complied with to the satisfaction of the Responsible Authority and must not be varied except with the written approval of the Responsible Authority.

1. Adequate provision must be made for the storage and collection of garbage, bottles and other solid wastes in bins or receptacles, to the satisfaction of the Responsible Authority.

All bins and receptacles used for the storage and collection of garbage, bottles and other solid wastes must be kept in a storage area screened from view, to the satisfaction of the Responsible Authority.

All bins and receptacles must be maintained in a clean and tidy condition and free from offensive odour, to the satisfaction of the Responsible Authority.

1. Provision must be made on the site for letter boxes and receptacles for newspapers to the satisfaction of the Responsible Authority.
2. No plant, equipment, services and substations other than those shown on the endorsed plans are permitted without the prior written consent of the Responsible Authority.
3. Privacy screens must be in accordance with the endorsed plans and must be installed before the development is occupied. The privacy screens must be maintained to the satisfaction of the Responsible Authority.
4. Prior to the completion of the basement floor construction, written confirmation by a Licensed Land Surveyor must be provided to the Responsible Authority verifying that the basement floor has been constructed in accordance with the endorsed plans (prior to the construction of the levels above being commenced.)
5. Prior to the completion of the ramp to the basement, written confirmation by a Licensed Land Surveyor must be provided to the Responsible Authority verifying that the basement ramp has been constructed in accordance with the endorsed plans.

1. Provision for vehicles to enter and exit the site in a forward direction must be available at all times to the satisfaction of VicRoads.
2. Before the use of the permitted development, the driveway and crossover in accordance with the approved plan must be constructed to the satisfaction of the Responsible Authority.

1. 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.

In accordance with Section 69 of the Planning and Environment Act 1987, an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.

[1] We have considered the submissions of all the parties that appeared, all the written and oral evidence, all the exhibits tendered by the parties, and all the statements of grounds filed by parties that did not appear. We do not recite or refer to all of the contents of those documents in these reasons. Subsequent to the hearing, correspondence was received from the Applicant. With the exception of our order dated 4 February 2015, leave had not been granted to the parties to make further submissions. Accordingly, we have not taken the contents of that correspondence into account in making our decision.

[3] We have referred to setbacks taken at the title boundary. Mr Bastone makes reference to setback distances at page 14 of his Evidence which include the 3.04 metre laneway.

[4] 52 Park Street Pty Ltd v Port Phillip CC [2013] VCAT 2199.