1. Mr De Young recommends that the driveway entry to Brighton Street have a raised crossover to the street so as to give priority to pedestrians. We note this is consistent with the Victorian Urban Design Guidelines - at standard 2.3.4c that seeks to provide path treatments across vehicle crossovers to signal to pedestrians and cyclists. We therefore support this suggestion and it was not opposed to by the Council.
2. In response to questions Mr De Young also suggested that the crossover could include a rumble strip to alert drivers exiting the basement of the approaching footpath, although his evidence is that this is not necessary. We will not impose such a strip as we agree there is no evidence it is necessary and such a strip will add to noise of cars entering and exiting the ramp.

1. The owners of 28 Brighton Street are also concerned that waste collection from the basement of the childcare centre may cause noise and nuisance to them, as well as adding to traffic conflicts.
2. Mr De Young's evidence is that waste collection should not occur in peak drop-off and pick-up times to avoid traffic conflict as the waste will be collected from within the basement. We agree that waste collection should occur outside of 7 - 9am and 3 - 6pm to avoid key client parking demand times. This can be addressed through permit conditions that relate to the waste management plan. We see no reason to restrict the hours to only between 9am and 3pm as suggested by Mr O'Brien. The collection will occur in the basement itself where noise impacts will be limited. Being able to access the basement out of operating hours is likely to benefit overall traffic congestion in the area without a significant impact on general noise.
3. Overall we are satisfied the amenity impacts from the use of the childcare centre can be well managed and are not significant. We therefore conclude that, to the extent we should consider need, the use is acceptable.

1. For the reasons given above, the decision of the responsible authority is set aside. A permit is granted subject to conditions.

459-471 Church Street and 20-26 Brighton Street, Richmond.

• the use of the land for 'childcare centre' under clauses 32.08 and 34.02;
• the construction of a building or the construction or carrying out of works associated with a section 2 use under clause 32.08;
• the construction of a building or construction or carrying out of works under clause 34.02 and 43.02;
• alteration of access and building and works to a Road Zone Category 1 Road under clause 52.29; and
• the reduction in the number of car parking spaces under clause 52.06-3,

1. Before the development commences, 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 this 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 architectural plans prepared by Architectus, drawing nos. DA1001 and DA1002, both Rev D; DA1003 Rev E; DA1004 to DA1013 (inclusive), all Rev D; DA2001 Rev D; DA2002 Rev E; DA2003 and DA2004 Rev D; DA2101 to DA2103 all Rev D (inclusive); DA2104 Rev E; DA2105 Rev A; DA2106 and DA2107 both Rev A; DA2201 to DA2205 all Rev D (inclusive), DA2206 to DA2216 all Rev C (inclusive); DA2251 to DA2254 all Rev A (inclusive).but modified to show:
   • (a) unless otherwise amended by further conditions below, corrections to plans as identified in DA1003 Rev F, DA1004 Rev E, DA2001A Rev A, DA2002 Rev F, DA2003 Rev E and DA2106 Rev C all dated 28 February 2019
   • (b) alteration to Building A to include:
     • (i) the four storey street wall to Shamrock Street retracted to the west approximately five metres so as to step down from four to three storeys at a point generally opposite the alignment of the western boundary of 1 Shamrock Street as depicted on plan DA2001A Rev B dated 18 March 2019.
     • (ii) the facade to Shamrock Street retaining its general composition and proportion as depicted in DA2001A Rev D dated 1 February 2019, but with all of the form at level 2 and above retracted to the west to create a gap of at least 12.5 metres between Buildings A and B.
     • (iii) any consequential changes as required.
   • (c) retention of the entirety of the existing party wall to 28 Brighton Street.
   • (d) any glazing along the eastern boundary wall of Building B to be fixed and fire rated;
   • (e) the deletion of the pre-cast concrete material along the eastern boundary wall of the podium of Building B (shown as WAL01) and its replacement with solid brick or similar material;
   • (f) a notation confirming the use of a back-up system to reduce the risk of flooding such as a flood gate at the driveway or an internal pump system which discharges to Church Street through the property stormwater;
   • (g) the location of the existing Shamrock Street stormwater pits, and in the event that vehicle access from Shamrock Street is located where the existing stormwater pits are positioned, the existing grated side entry pits must be modified to grated pits (with the installation of any additional drainage pits and associated connecting drainage to the satisfaction of the Responsible Authority);
   • (h) the allocation of car spaces for each use on the basement floor plans;
   • (i) the allocation of any car spaces for child care drop offs/pickups within the basement of Building C on the basement floor plans;
   • (j) the loading bay and vehicle entrance doors constructed a patterned, visually permeable material
   • (k) services and equipment integrated into the design of the facade;
   • (l) the width of the Shamrock Street footpath annotated on plans;
   • (m) the dimension of the doorway width of the Brighton Street vehicle entrance;
   • (n) sight triangles superimposed and dimensioned for the exit lanes of all vehicular entrances (2.5m by 2m with a minimum 50 percent clear of visual obtrusions);
   • (o) the loading facility dimensioned including the entrance and vehicle crossing;
   • (p) swept path diagrams to confirm truck access and egress from the loading bay;
   • (q) the widened section of Shamrock Street dimensioned from the face of the kerb, to the face of the kerb;
   • (r) accessible parking spaces and associated shared areas dimensioned and as satisfying the Australian/New Zealand Standard AS/NZS 2890.1:2004 with bollards inserted as required;
   • (s) column depths and locations to satisfy Diagram 1 Clearances to car parking spaces or AS/NZS 2890.1:2004 (where applicable and possible);
   • (t) the dimensions of clearances to walls (and be no less than 300mm);
   • (u) the dimensions of each ramp grade length;
   • (v) a pedestrian zebra crossing along Shamrock Street across the width of the vehicle crossings and loading bays;
   • (w) the inside edge of the ninety-degree bend of the ramped accessway connecting Basement 2 with Basement 1 with a minimum clearance of 300 mm from the column as required by AS/NZS 2890.1:2004;
   • (x) swept path diagrams of passing movements for a B85 design vehicle and an oncoming B99 design vehicle along the ninety-degree bend of the ramped accessway connecting Basement 2 with Basement 1, demonstrating satisfactory passing movements;
   • (y) the boundary between private and public property delineated through the use of alternative surface materials or "banding";
   • (z) confirmation none of the utility services in Wright Street are required;
   • (aa) the provision of a clear travel path for pedestrians along the south side of Shamrock Street between Church Street and the eastern side of the car park entrance;
   • (bb) a pram ramp at the Shamrock Street kerb, aligned with the northern courtyard entrance;
   • (cc) the basement ramp to Brighton Street designed to form a crossover to the footpath of Brighton Street.
   • (dd) dimensions of bicycle storage spaces, and relevant access ways demonstrating compliance with Australian Standard AS2890.3 or to the satisfaction of the Responsible Authority;
   • (ee) visitor bicycle parking provided at a rate of at least 1 space to each 500sqm of net office floor space, in a location easily accessed by visitors to the site (i.e. spaces must not be located within a secure facility) and for at least 60 percent visitor bicycle parking facilities to be ground level (horizontal) spaces;
   • (ff) employee bicycle parking facilities (provided at a rate of a minimum of 1 space to each 100sqm of net office floor space) located at ground-floor or basement 1, each within an easily bicycle accessible doorway, secure facility (bicycle locker or lockable compound), with reasonable proximity and access to:
   • (i) building entrances and/or lift shafts;
   • (ii) end of trip facilities, including showers and change rooms;
   • (gg) at least 20% of bicycle storage spaces provided as horizontal storage spaces as required under AS2890.3;
   • (hh) details of the number of showers and change-rooms;
   • (ii) a materials sample board of external colours, materials and finishes a materials sample board of external materials and finishes including thumb nail sketches of key elements of the facade system at the ground, middle and upper levels;
   • (jj) any requirement of the endorsed Sustainable Management Plan (condition 7) (where relevant to show on plans);
   • (kk) any requirement of the endorsed Waste Management Plan (condition 10) (where relevant to show on plans);
   • (ll) any requirement of the endorsed Landscape Plan Report (condition 13) (where relevant to show on plans);
   • (mm) any requirement of the endorsed Wind Report (condition 19) (where relevant to show on plans);
   • (nn) any requirement of the endorsed Acoustic Report (condition 21) (where relevant to show on plans); and
   • (oo) any requirement of the endorsed Streetscapes Improvements plan (condition 35) (where relevant to show on plans).
   • (pp) any requirement of the endorsed Tree Management Plan (condition 15) (where relevant to show on plans)
2. The use and development as shown on the endorsed plans must not be altered (unless the Yarra Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority.
3. As part of the ongoing consultant team, Architectus or an architectural firm to the satisfaction of the Responsible Authority must be engaged to:
   • (a) oversee the design and construction of the development; and
   • (b) ensure the design quality and appearance of the development is realised as shown in the endorsed plans or otherwise to the satisfaction of the Responsible Authority.

1. Except with the prior written consent of the Responsible Authority, the childcare centre use authorised by this permit may only operate between the hours of 7am and 7pm, Monday to Friday.
2. Except with the prior written consent of the Responsible Authority, no more than 22 staff are permitted on the land at any one time.
3. Except with the prior written consent of the Responsible Authority, no more than 80 children are permitted on the land at any one time.

1. Before the development commences, an amended Sustainable Management Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the amended Sustainable Management Plan will be endorsed and will form part of this permit. The amended Sustainable Management Plan must be generally in accordance with the Sustainable Management Plan prepared by Cundall in April 2018 and the provisions of the evidence statement of Mr Talacko of Ark Resources dated 4 March 2019, but modified to include or show:
   • (a) a 5 Star Green Star Design and As Built rating generally in accordance with the Statement of Evidence provided by Ark Resources (prepared on 4 March 2019);
   • (b) a 5 Star NABERS Energy rating generally in accordance with the Statement of Evidence provided by Ark Resources (prepared on 4 March 2019);
   • (c) compliance with the Urban Stormwater Best Practice Environmental Management Guidelines generally in accordance with the Statement of Evidence provided by Ark Resources (prepared on 4 March 2019);
   • (d) more information on the expected daylight performance of the buildings and ensure that 30% of floor area can reach a minimum 2% df standard, and provide a suitable VLT for each area to assist achieve this standard generally in accordance with the Statement of Evidence provided by Ark Resources (prepared on 4 March 2019);
   • (e) a completed JV3 energy modelling report, or equivalent, demonstrating the 6 points or 30% improvement in NCC requirements;
   • (f) include all MUSIC model inputs and outputs including catchment area, storage locations and volume and location and number of toilet connections to ensure that best practice in WSUD can be met;
   • (g) ensure the WMP has sufficient spaces allocated to recycling and all waste streams. Ensure recycling is just as convenient at general garbage;
   • (h) the provision of a composting system or provision of an organic waste collection service; and
   • (i) the provision of any electric vehicle charging facilities.
2. The provisions, recommendations and requirements of the endorsed Sustainable Management Plan must be implemented and complied with to the satisfaction of the Responsible Authority.

1. Before the development is occupied or by such later date as agreed to by the responsible authority in writing, a report from the author of the Sustainability Management Plan, approved under this permit, or similarly qualified person or company, must be submitted to the Responsible Authority. The report must be to the satisfaction of the Responsible Authority and must confirm all measures specified in the Sustainability Management Plan have been implemented in accordance with the approved plan.

1. Before the development commences, an amended Waste Management Plan prepared to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the amended Waste Management Plan will be endorsed and will form part of this permit. The amended Waste Management Plan must be generally in accordance with the Waste Management Plan prepared by Irwin Consult (dated 4 May 2018), but modified to include:
   • (a) the collection for the waste associated with Building C to occur within title boundaries as confirmed within the Waste Management Plan prepared by Irwin Consult (dated 4 March 2019); and
   • (b) details of how food waste will be diverted from the waste stream from the remaining areas of the development.
   • (c) Provision for any waste collected from the childcare to occur from its basement only, and outside peak operating hours of 7 - 9am and 3 - 6pm weekdays.
2. The provisions, recommendations and requirements of the endorsed Waste Management Plan must be implemented and complied with to the satisfaction of the Responsible Authority.
3. The collection of waste from the site must be by private collection, unless with the prior written consent of the Responsible Authority.

1. Before the development commences, an amended Landscape Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the amended Landscape Plan will be endorsed and will form part of this permit. The amended Landscape Plan must be generally in accordance with the Landscape Plan prepared by MALA Studio prepared on 28 February 2019, but modified to include (or show, or address):
   • (a) a detailed planting plan indicating the location and quantity of the species proposed;
   • (b) confirm mulch used on the higher levels is a wind tolerant material;
   • (c) further details on the raised planter beds such as information on drainage, waterproofing, irrigation and mulch;
   • (d) details on the custom furniture proposed;
   • (e) deletion of Pennisetum clandestinum on Plant Mix C and replacement with a suitable alternative species;
   • (f) additional details regarding the mounded planter beds such as maintenance and how to ensure there is no mulch run off from the slope of the garden bed to the adjacent paving areas;
   • (g) additional details regarding the relationship between the Jacarada mimosifolia, associated garden bed and decking in the courtyard including the provision of a section;
   • (h) additional details regarding the landscape feature proposed at the corner of Church and Shamrock Streets;
   • (i) deletion of where the internal paving from the courtyard is shown encroaching into the public realm and replace the public realm paving with an asphalt treatment;
   • (j) that the 300mm bluestone kerb is maintained (provide a section through that treatment);
   • (k) street tree cut outs as being 1m depth x1.5m width and sitting directly behind the bluestone pitcher;
   • (l) confirmation that there is sufficient circulation space around the eastern most proposed street tree and the building, with the minimum path of travel and deletion of any obstructions.
2. Before the building is occupied, or by such later date as approved in writing by the Responsible Authority, the landscaping works shown on the endorsed Landscape Plan must be carried out and completed to the satisfaction of the Responsible Authority. The landscaping shown on the endorsed Landscape Plan must be maintained to the satisfaction of the Responsible Authority including by:
   • (a) implementing and complying with the provisions, recommendations and requirements of the endorsed Landscape Plan;
   • (b) not using the areas set aside on the endorsed Landscape Plan for landscaping for any other purpose; and
   • (c) replacing any dead, diseased, dying or damaged plants.

1. Before the development commences, a Tree Management Plan to the satisfaction of the Responsible Authority must be prepared by a suitably qualified Arborist and must be submitted to and approved by the Responsible Authority. When approved the Tree Management Plan will be endorsed and will form part of this permit. The Tree Management Plan must make recommendations for the protection of the Manchurian Pear trees located on the adjacent property at 28 Brighton Street:
   • (a) pre-construction;
   • (b) during construction; and
   • (c) post construction
   • (d) the provision of any barriers;
   • (e) any pruning necessary; and
   • (f) watering and maintenance regimes,

1. The provisions, recommendations and requirements of the endorsed Tree Management Plan must be complied with and implemented to the satisfaction of the Responsible Authority

1. Before the development commences, the permit holder must provide an Asset Protection Bond of $10,000 (ex GST) for the three (3) trees in Church Street adjacent the frontage of the development and one (1) tree opposite 22 Brighton Street to the Responsible Authority. The security bond:
   • (a) must be provided in a manner, and on terms, to the satisfaction of the Responsible Authority;
   • (b) may be held by the Responsible Authority until the works are completed to the satisfaction of the Responsible Authority; and
   • (c) in accordance with the requirements of this permit; or
   • (d) otherwise to the satisfaction of the Responsible Authority.
2. Before the development commences, the permit holder must make a one off contribution of $17,633.25 to the Responsible Authority to be used for:
   • (a) the cost of supply, planting and establishment maintenance four trees (one in Church St and three in Brighton St).

1. Before the development commences an updated wind assessment must be submitted and approved by the responsible authority.
2. The provisions, recommendations and requirements of the endorsed Environmental Wind Assessment must be implemented and complied with to the satisfaction of the Responsible Authority.

1. Before the development commences, an amended Acoustic Report to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the amended Acoustic Report will be endorsed and will form part of this permit. The amended Acoustic Report must be generally in accordance with the Acoustic Report prepared by Cundall prepared on 27 April 2018, but modified to include (or show, or address):
   • (a) the following noise fences and screens (generally in accordance with the Statement of Evidence provided by Enfield Acoustics prepared on 1 March 2019):
     • (i) retention of the existing boundary masonry wall to 28 Brighton Street, along the southern boundary adjacent the ground level south outdoor play space;
     • (ii) a 1.6m high screening to the north and east side of the ground level east play space;
     • (iii) a 1.6m to 1.7m high screening to the south and east side of the first floor south play space.
     • (iv) a 1.6m high screening to the east side of the first and second floor east play spaces;
     • (v) a 1.6m high screening to the south, east and north sides of the roof play spaces;
   • (b) confirmation that any acoustic fencing, screening and boundary walls may be constructed of any suitable cladding material so long as it has a mass of at least 10kg/m²;
   • (c) confirmation that acoustic fencing and screening will have no gaps or holes in it, or the likelihood of such occurring through natural causes, landscaping or deformations, thus allowing noise to easily pass through;
   • (d) The sound power level used for children's voices in each of the outdoor play areas. The sound power levels should be not less than the mid-point of the ranges provided in the Association of Australasian Acoustical Consultants (AAAC) 'Guideline for Child Care Centre Acoustic Assessment', v.2.0. A 3-D image of the noise model used in calculations must be provided, generally in accordance with the Statement of Evidence provided by Enfield Acoustics prepared on 1 March 2019.
   • (e) Assessments of the childcare centre noise impacts to all sensitive receiver locations (generally in accordance with the Statement of Evidence provided by Enfield Acoustics prepared on 1 March 2019), including:
     • (i) No. 28 Brighton Street (the high level north facing windows, and the outdoor private open space); and
     • (ii) Upper levels of the approved townhouses at No. 16 Brighton Street.
2. The acoustic report must make recommendations to limit the noise impacts in accordance with the State Environment Protection Policy (Control of noise from industry, commerce and trade) No. N-1 (SEPP N-1), State Environment Protection Policy (Control of music noise from public premises) No. N-2 (SEPP N-2), the childcare voice noise targets nominated in the report and to any other accepted criteria or requirement to the satisfaction of the Responsible Authority.
3. The provisions, recommendations and requirements of the endorsed Acoustic Report must be implemented and complied with to the satisfaction of the Responsible Authority.
4. Within 3 months of occupying the building, an updated post-occupation Acoustic Report to the satisfaction of the Responsible Authority must be prepared by a suitably qualified acoustic engineer and must be generally in accordance with the endorsed acoustic report. The report must be submitted to and approved by the Responsible Authority. When approved, the updated post-occupation Acoustic Report will be endorsed and will form part of this permit. The Acoustic Report must (assess) address the following:
   • (a) Confirm the recommendations of the endorsed acoustic report required as part of Condition 21 have been implemented;
   • (b) Assess mechanical plant noise to SEPP N-1; and
   • (c) If non-compliance with Condition 21b is measured, additional acoustic measures as recommended by the amended post-occupation acoustic report are to be implemented within one month of the date of the amended acoustic report.
5. The provisions, recommendations and requirements of the endorsed post-occupation Acoustic Report must be implemented and complied with to the satisfaction of the Responsible Authority.

1. The permit holder must take all reasonable steps to ensure that disruption to tram operation along Church Street is kept to a minimum during the construction of the development. Foreseen disruptions to tram operations during construction and mitigation measures must be communicated to Yarra Trams and Public Transport Victoria thirty five days (35) prior.
2. The permit holder must ensure that all track, tram and overhead infrastructure is not damaged. Any damage to public transport infrastructure must be rectified to the satisfaction of the Public Transport Victoria at the full cost of the permit holder.

1. Before the use approved by this permit commences the following roadworks on Church Street, Richmond must be completed at no cost to and to the satisfaction of the Roads Corporation:
   • (a) The provision of Keep Clear line-marking at the intersection of Church Street and Shamrock Street, Richmond.
2. Prior to the commencement of the development, excluding demolition works, an Engineering report from a suitably qualified Engineer outlining the design, management and construction techniques to be implement prior, during and following excavation to prevent any impact on the Burnley Tunnel is to be submitted to VicRoads and CityLink for approval. Once approved, the Engineering Report will form part of the planning permit. Without limiting the scope of the report, it must consider all relevant structural and geotechnical issues, including, but not limited to, demonstrating:
   • (a) That the development will not compromise the structural integrity of the Burnley Tunnel;
   • (b) What is the load applied to the ground by the development;
   • (c) What is the depth of the excavation;
   • (d) That the development will not cause changes to groundwater conditions that will result in adverse effect on the Burnley Tunnel.
   • (e) Any holding points requiring VicRoads and CityLink inspection and approval prior to releasing the hold points.
3. Prior to the commencement of and during the course of construction the following details must be submitted to the satisfaction of VicRoads and CityLink for approval:
   • (a) Initial groundwater level;
   • (b) Expected and confirmation of actual flows and total volume drained during the construction of the basement;
   • (c) if the completed basement is tanked or drained;
   • (d) If drained, confirm flow rate into the basement and the height and extent of the permanent lowering of the water-table.
   • (e) Temporary or permanent groundwater drawdown greater than 2 metres below existing levels requires the developer to demonstrate the impact of the proposed development on the regional groundwater regime. The developer shall describe how groundwater drawdown will be managed, and demonstrate that there will be an insignificant impact on CityLink assets.

1. Before the building is occupied, or by such later date as approved in writing by the Responsible Authority, any redundant vehicular crossing must be demolished and re-instated as standard footpath and kerb and channel:
   • (a) at no cost to the Responsible Authority (inclusive of the cost of modifying any parking signs or road markings for parking bays (where required); and
   • (b) to the satisfaction of the Responsible Authority.
2. Before the building is occupied, or by such later date as approved in writing by the Responsible Authority, any roads, footpaths and other road related infrastructure adjacent to the development site damaged as a result of the construction works, including trenching and excavation for utility service connections must be reconstructed and re-sheeted as single full width areas (with any areas of pavement failure as a consequence of construction traffic must be reinstated with full depth pavement):
   • (a) at no cost to the Responsible Authority; and
   • (b) to the satisfaction of the Responsible Authority.
3. Before the building is occupied, or by such later date as approved in writing by the Responsible Authority, the footpath immediately outside the subject site's Brighton Street, Shamrock Street and Church Street road frontages must be reconstructed:
   • (a) with the footpath having a cross-fall of 1 in 40 or unless otherwise specified by Council;
   • (b) at no cost to the Responsible Authority; and
   • (c) to the satisfaction of the Responsible Authority.
4. Before the building is occupied, or by such later date as approved in writing by the Responsible Authority, the new vehicular crossing on the west side of Brighton Street and the new vehicle crossing on the properties Shamrock Street road frontage must be constructed:
   • (a) to satisfy the vehicle ground clearance requirements for the B99 design vehicle;
   • (b) at no cost to the Responsible Authority; and
   • (c) to the satisfaction of the Responsible Authority.

1. Before the development commences, or by such later date as approved in writing by the Responsible Authority, a Streetscape Improvement plan for the development's Shamrock Street frontage (inclusive of the widening of Shamrock Street) to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority.
2. Before the building is occupied, all works associated with the Streetscape Improvement plan as shown on the endorsed plans and Streetscapes Improvement plan (referred to in Condition 35) must be fully constructed and completed, at no cost to the Responsible Authority and to the satisfaction of the Responsible Authority.

1. Before the development commences, an amended Drainage Investigation report to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the amended Drainage Investigation will be endorsed and will form part of this permit. The amended Drainage Investigation must be generally in accordance with the Drainage Investigation prepared by Northrop Pty Ltd prepared on 31 January 2019, but modified to include (or show, or address):
   • (a) a plan showing the location of the pits referenced in the CCTV report prepared by Rapid Cam dated 2 November 2018;
   • (b) the use of a back-up system such as a flood gate at the driveway or an internal pump system which discharges to Church Street through the property stormwater; and
   • (c) an updated flood risk assessment using a 200mm diameter pipe to determine if this will affect the flood level results.

1. Before the development commences, the design of the widened section of Shamrock Street must be prepared by an independent and suitably qualified engineering professional to the satisfaction of the Responsible Authority and in consultation with the Responsible Authority. The design must be submitted to and approved by the Responsible Authority. The design of the widening of Shamrock Street must provide details including pavement widths, surface treatment, road infrastructure items, landscaping (where applicable) and drainage including the installation of any additional drainage pits and associated connecting drainage to the satisfaction of the Responsible Authority.
2. Before the building is occupied, all works associated with the widening of Shamrock Street (referred to in Condition 38) must be carried out, at no cost to the Responsible Authority and to the satisfaction of the Responsible Authority.
3. Within six months of the commencement of works, the owner (or another person in anticipation of becoming the owner) must enter into an agreement with the Responsible Authority under section 173 of the Planning and Environment Act 1987, providing for the following:
   • (a) The Owner must provide unfettered 24 hour public access over (and inclusive of the provision of lighting) over that part of the land to be used for the widened section of Shamrock Street between Church Street and the eastern boundary of the development's Shamrock Street frontage;
   • (b) The owner is responsible for maintaining at all times the areas that are private land open to the public described in condition 40(a) at the cost of the owners of the site and to the satisfaction of the Yarra City Council;
   • (c) The owner(s) must obtain and maintain insurance, approved by Yarra City Council, for the public liability and indemnify Yarra City Council against all claims resulting from any damage, loss, death or injury in connection with the public accessing the land described in condition 40(a).
4. The owner, or other person in anticipation of becoming the owner, must meet all of the expenses of the preparation and registration of the agreement, including the reasonable costs borne by the Responsible Authority.

1. Before the development is occupied, a Car Park Management Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the Car Park Management Plan will be endorsed and will form part of this permit. The Car Park Management Plan must address, but not be limited to, the following:
   • (a) the management of any visitor car parking spaces and security arrangements for occupants of the development, including details on how visitors are to access car parking;
   • (b) details of way-finding, cleaning and security of end of trip bicycle facilities;
   • (c) the number and allocation of storage spaces;
   • (d) any policing arrangements and formal agreements;
   • (e) a schedule of all proposed signage including directional arrows and signage, informative signs indicating location of disabled bays and bicycle parking, exits, restrictions, pay parking system etc;
   • (f) the collection of waste and garbage including the separate collection of organic waste and recyclables, which must be in accordance with the Waste Management Plan required by Condition 10; and
   • (g) details regarding the management of loading and unloading of goods and materials.
2. The provisions, recommendations and requirements of the endorsed Car Park Management Plan must be implemented and complied with to the satisfaction of the Responsible Authority.
3. Before the building is occupied, or by such later date as approved in writing by the Responsible Authority, the area set aside on the endorsed plans for the car parking spaces, access lanes, driveways and associated works must be:
   • (a) constructed and available for use in accordance with the endorsed plans;
   • (b) formed to such levels and drained so that they can be used in accordance with the endorsed plans;
   • (c) treated with an all-weather seal or some other durable surface; and
   • (d) line-marked or provided with some adequate means of showing the car parking spaces,

all to the satisfaction of the Responsible Authority.

1. Before the building is occupied, or by such later date as approved in writing by the Responsible Authority, a notice showing the location of car parking must be placed in a clearly visible position near the entry to the land. The notice must be maintained thereafter to the satisfaction of the Responsible Authority.

1. Before the development is occupied, an amended Green Travel Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the Green Travel plan will be endorsed and will form part of this permit. The amended Green Travel Plan must be generally in accordance with the Green Travel Plan prepared by Impact Traffic Engineering prepared on 2 July 2018, but modified to include (or show, or address):
   • (a) deletion of any language such as 'could be introduced' and instead of 'should' or otherwise committing to a particular action;
   • (b) the Action Plan at Appendix A to references to all actions included in the report, including any carpooling actions;
   • (c) the promotion of various public transport smartphone apps such as the Public Transport Victoria app and/or train or tram tracker;
   • (d) a description of the location in the context of alternative modes of transport;
   • (e) employee welcome packs (e.g. provision of Myki/transport ticketing);
   • (f) the provision of real time passenger information displays for nearby stops within each lobby;
   • (g) sustainable transport goals linked to measurable targets, performance indicators and monitoring timeframes;
   • (h) a designated 'manager' or 'champion' responsible for coordination and implementation;
   • (i) details of bicycle parking and bicycle routes;
   • (j) details of GTP funding and management responsibilities;
   • (k) the types of bicycle storage devices proposed to be used for employee and visitor spaces (i.e. hanging or floor mounted spaces);
   • (l) the types of lockers proposed within the change-room facilities, with at least 50% of lockers providing hanging storage space;
   • (m) security arrangements to access the employee bicycle storage spaces;
   • (n) signage and wayfinding information for bicycle facilities and pedestrians pursuant to Australian Standard AS2890.3;
   • (o) reference to a minimum 40A single phase electrical sub circuit should be installed to the car park areas for 'EV readiness'; and
   • (p) provisions for the Green Travel Plan to be updated not less than every 5 years.
2. The provisions, recommendations and requirements of the endorsed Green Travel Plan must be implemented and complied with to the satisfaction of the Responsible Authority.

1. Before the building is occupied, or by such later date as approved in writing by the Responsible Authority, external lighting capable of illuminating access to the pedestrian and vehicular entrances must be provided on the subject site. Lighting must be:
   • (a) located;
   • (b) directed;
   • (c) shielded; and
   • (d) of limited intensity,

all to the satisfaction of the Responsible Authority.

1. Finished floor levels shown on the endorsed plans must not be altered or modified without the prior written consent of the Responsible Authority.
2. The amenity of the area must not be detrimentally affected by the development and use, including through:
   • (a) the transport of materials, goods or commodities to or from land;
   • (b) the appearance of any buildings, works or materials;
   • (c) the emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or
   • (d) the presence of vermin.
3. The use and development must comply at all times with the State Environment Protection Policy - Control of Noise from Commerce, Industry and Trade, N-1 (SEPP N-1).
4. Before the building is occupied, or by such later date as approved in writing by the Responsible Authority, all new on-boundary walls must be cleaned and finished to the satisfaction of the Responsible Authority.
5. All buildings and works must be maintained in good order and appearance to the satisfaction of the Responsible Authority.
6. All pipes, 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.
7. Except with the prior written consent of the Responsible Authority, demolition or construction works must not be carried out:
   • (a) Monday-Friday (excluding public holidays) before 7 am or after 6 pm;
   • (b) Saturdays and public holidays (other than ANZAC Day, Christmas Day and Good Friday) before 9am or after 3pm; or
   • (c) Sundays, ANZAC Day, Christmas Day and Good Friday at any time.

1. Before the development commences, a Construction Management 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 form part of this permit. The plan must provide for:
   • (a) a pre-conditions survey (dilapidation report) of the land and all adjacent Council roads frontages and nearby road infrastructure;
   • (b) works necessary to protect road and other infrastructure;
   • (c) remediation of any damage to road and other infrastructure;
   • (d) containment of dust, dirt and mud within the land and method and frequency of clean up procedures to prevent the accumulation of dust, dirt and mud outside the land;
   • (e) facilities for vehicle washing, which must be located on the land;
   • (f) the location of loading zones, site sheds, materials, cranes and crane/hoisting zones, gantries and any other construction related items or equipment to be located in any street;
   • (g) site security;
   • (h) management of any environmental hazards including, but not limited to,:
     • (i) contaminated soil;
     • (ii) materials and waste;
     • (iii) dust;
     • (iv) stormwater contamination from run-off and wash-waters;
     • (v) sediment from the land on roads;
     • (vi) washing of concrete trucks and other vehicles and machinery; and
     • (vii) spillage from refuelling cranes and other vehicles and machinery;
   • (i) the construction program;
   • (j) preferred arrangements for trucks delivering to the land, including delivery and unloading points and expected duration and frequency;
   • (k) parking facilities for construction workers;
   • (l) measures to ensure that all work on the land will be carried out in accordance with the Construction Management Plan;
   • (m) an outline of requests to occupy public footpaths or roads, or anticipated disruptions to local services;
   • (n) an emergency contact that is available for 24 hours per day for residents and the Responsible Authority in the event of relevant queries or problems experienced;
   • (o) the provision of a traffic management plan to comply with provisions of AS 1742.3-2002 Manual of uniform traffic control devices - Part 3: Traffic control devices for works on roads;
   • (p) a Noise and Vibration Management Plan showing methods to minimise noise and vibration impacts on nearby properties and to demonstrate compliance with Noise Control Guideline 12 for Construction (Publication 1254) as issued by the Environment Protection Authority in October 2008. The Noise and Vibration Management Plan must be prepared to the satisfaction of the Responsible Authority.
   • (q) In preparing the Noise and Vibration Management Plan, consideration must be given to:
     • (i) using lower noise work practice and equipment;
     • (ii) the suitability of the land for the use of an electric crane;
     • (iii) silencing all mechanical plant by the best practical means using current technology;
     • (iv) fitting pneumatic tools with an effective silencer;
     • (v) other relevant considerations; and
     • (vi) any site-specific requirements.
2. During the construction:
   • (a) any stormwater discharged into the stormwater drainage system must be in compliance with Environment Protection Authority guidelines;
   • (b) stormwater drainage system protection measures must be installed as required to ensure that no solid waste, sediment, sand, soil, clay or stones from the land enters the stormwater drainage system;
   • (c) vehicle borne material must not accumulate on the roads abutting the land;
   • (d) the cleaning of machinery and equipment must take place on the land and not on adjacent footpaths or roads; and
   • (e) all litter (including items such as cement bags, food packaging and plastic strapping) must be disposed of responsibly.

1. This permit will expire if:
   • (a) the development is not commenced within two years of the date of this permit; or
   • (b) the development is not completed within four years of the date of this permit; or
   • (c) the child care centre use has not commenced within five years of the date of this permit.
2. The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within six months afterwards for commencement or within twelve months afterwards for completion.

[1] Mr Gobbo advised during the hearing Professor Jacques was unable to attend the scheduled hearing but that the applicant would proceed without calling him acknowledging that his evidence would be given lesser weight having not been tested through questions of other parties.

[2] Section 4(2)(d) of the Victorian Civil and Administrative Tribunal Act 1998 states a failure to make a decision is deemed to be a decision to refuse to make the decision.

[3] 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.

[4] Clause 17.01-1S and further supported in Clause 21.03

[5] Clause 17.02-1S - paraphrased. This also links to Clause 15.02-1S Energy and resource efficiency and 15

[6] Clause 18.02-2R noting the tram routes on Church Street and Swan Street as well as the Richmond and East Richmond train stations form part of the PPTN all within easy walking distance of the site. There are also bus routes along Punt Road, approximately 1km away from the site.

[8] Clause 22.05-2 Interfaces Uses Policy, our paraphrasing of the two objectives.

[16] This is the east side of Church Street and includes the review site.

[17] This includes land on the west side of Church Street south of Albert Street.

[18] Mr O'Brien's submission also refers to views to the Nylex Plastics Sign, Slade Knitwear sign and the Dimmey's Ball Tower.

[19] Notably: Rescom QOD Lennox Street Pty Ltd v Yarra CC [2013] VCAT 1799, ADMA Group Pty Ltd v Yarra CC [2018] VCAT 309, Renaissance United Assets Management Pty Ltd v Yarra CC [2018] VCAT 103

[20] See Clause 34.02-7 - Decision Guidelines

[22] After a sentence referring to Church Street as an activity centre based on furniture and homeware, professional and business services and hospitality.

[23] The current zoning controls limit the height of development on the site to 9 metres. The likelihood of the windows being built out is subject to existing planning controls changing.

[24] Indeed more of the land west of the C2Z area west of Church Street is in NRZ1 than to the east where there are greater 'patches' of GRZ2.

[25] From Pages 17 and 18 of Mr De Young's evidence statement. This notes the average parking rate is 0.77 car spaces per 100 square metres across a number of buildings surveyed in similar areas.

[26] The widening of the footpath reduces to match into the approved widening associated with the endorsed plans for redevelopment of 18 Brighton Street.

[27] 750 north of James Street and 1,400 south of James Street.

[28] Traffic Impact - Traffic and transport Assessment 2 July 2018 for the proposal states traffic volume studies were undertaken for Shamrock and Brighton Street - Tuesday 6 March 2018 to Monday 12 March 2018. Monday 12 March 2018 was a public holiday.

[29] A base that maybe is higher given it is derived from the traffic survey data that included a long weekend.

[30] This proposal has now been granted a permit for 118 children generally from 7am to 7pm. See Manderson v Yarra CC [2019] VCAT 455

[31] The 2018 survey that includes Labour day indicates 1, 400 vpd. Mr De Young advised this could be conservatively be upgraded to 1,700 but that the additional traffic was still more than reasonable the capacity of Brighton Street.