a) Material adjustments to the south elevation to the laneway in the form of an introduced metallic (perforated or other) screen to 12 metres to reinforce a tactile materiality at the lower reaches of the building, with embedded timber panelling with a horizontal profile above or similar treatment to the satisfaction of the responsible authority. Light coloured finishes and materials should be used for the facade. > > b) High level windows (a minimum of 1700mm above finished floor height) inset into the upper walls at level 5 and 6 to provide light into the spaces behind the kitchen at level 5 and the corridor of Level 6. > > c) The stair core effectively reduced in height to RL 31.95 and set back two metres at Level 4, generally as shown in page 40 of the evidence of Mr Kel Twite of Urban Planning Collective dated May 2022 > > d) The commercial bin storage altered on the ground floor altered or relocated to accommodate a minimum of 538 litres of recycling bins and 538 litres of waste bins, and any consequential design changes > > e) Windows of all north facing habitable rooms to be treated with energy efficient tinted glazing; or alternatively integrated with internal shading device. > > f) Any internal operable shading devices or other shading treatment provided to all east and west facing glazing of all habitable rooms. > > g) A note to indicate that the rainwater tank is connected to all toilets and that the rainwater tank maintenance access areas are clearly shown. > > h) Confirm window operability on the plans for all windows.

1. Any changes required by Conditions 3 (SMP), 5 (Landscape) and 11 (WMP).

j) The location of any services. If provided on the roof the services must be screened to the satisfaction of the responsible authority.

All to the satisfaction of the Responsible Authority.

1. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason, without the prior written consent of the Responsible Authority.
2. Prior to the endorsement of any plans pursuant to Condition 1 an amended Sustainable Management Plan (SMP) must be submitted to and approved by the Responsible Authority. The plan must be generally in accordance with the SMP plan prepared by Ark Resources dated 3 May 2022. Upon approval the SMP will be endorsed as part of the planning permit and the development must incorporate the sustainable design initiatives outlined in the SMP to the satisfaction of the Responsible Authority. The amended report must include the following:

a) Confirmation from the project Landscape Architect that the proposed planting meet the BESS criteria to claim points for BESS - 3.1 Water Efficient Landscaping. If not, the report modified to demonstrate how and where this is compensated for. > > b) Preliminary draft NatHERS certificates provided of each apartment to substantiate the commitment made within the SMP and figures entered into BESS. > > c) A daylight report to demonstrate that daylight performance can pass BESS daylight criteria for the living areas of units 1, 2 and 3. > > d) The STORM rating report provided claims a score of 105%, however it also includes erroneous assumptions related to permeable area and harvested rainwater usage. Plans are required to show and note water-sensitive urban design measures as required to achieve a STORM Rating of at least 100% or equivalent, including a rainwater tank capacity of at least 10 kL, plumbed to all toilets and irrigation as well as indicative equipment (ie pump, filtration, disinfection, etc) and maintenance access. > > e) The SMP and plans indicate that there will be at least three streams of operational waste including landfill, comingled recycling and hard rubbish, but the plans only show hard rubbish and bins. Update plans to clearly show recycling and waste bins as supporting evidence for BESS Waste 2.2. > > f) Demonstrate how Best Practice measures from each of the 10 key Sustainable Design Categories of Stonnington Council's Sustainable Design Assessment in the Planning Process (SDAPP) have been addressed > > g) Identify relevant statutory obligations, strategic or other documented sustainability targets or performance standards > > h) Document the means by which the appropriate target or performance is to be achieved

1. Identify responsibilities and a schedule for implementation, and ongoing management, maintenance and monitoring.

j) Demonstrate that the design elements, technologies and operational practices that comprise the SMP can be maintained over time.

All works must be undertaken in accordance with the endorsed Sustainability Management Plan to the satisfaction of the Responsible Authority. No alterations to the Sustainable Management Plan may occur without written consent of the Responsible Authority.

1. Prior to the occupation of the development, a report from the author of the Sustainability Management Plan, or similarly qualified person or company, must be submitted to the Responsible Authority. The report must confirm that all measures specified in the Sustainability Management Plan referred to in condition 3 have been implemented in accordance with the approved plan.
2. Prior to the endorsement of plans, an amended landscape plan to be prepared by a landscape architect or suitably qualified or experienced landscape designer, must be submitted to and approved by the Responsible Authority The plan must be generally in accordance with the landscape plan prepared by John Patrick Landscape Architects Pty Ltd dated 3 May 2022. When approved, the landscape plan will be endorsed and will then form part of the permit. The landscape plan must be drawn to scale with dimensions, and be amended to show:

a) All planting at all levels of the building. > > b) Details of surface finishes of pathways and hard-standing surfaces. > > c) A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant > > d) Details of irrigation > > e) Planter box details, including the following minimum internal dimensions: > > 1. 380 millimetres wide at levels 1 and 2. > 2. 680 millimetres wide at levels 3 - 6. > 3. 500 millimetres deep soil in planter boxes at all levels.

3. If an application is made to subdivide the land, landscaped areas along the southern boundary at Levels 4 and 6 shall become common property, and must not be included in the private ownership of abutting dwellings.
4. Prior to the occupation of the development, a landscape maintenance plan prepared by a suitably qualified person must be submitted to satisfaction of the Responsible Authority. When approved, the landscape plan will be endorsed and will then form part of the permit. The plan must address:

a) Ongoing maintenance obligations, including access arrangements such as hook-on points where appropriate for safe access; > > b) The identification of any maintenance measures that are to be implemented by suitably qualified professionals; > > c) The growing medium to be used within the planters, which must be suitable for raised planters and mineral based; > > d) The provision of drip irrigation to all planter boxes; > > e) Periodic servicing and maintenance of irrigation equipment; > > f) The periodic replacement of any dead or diseased plants;

5. Unless with the prior written approval of the Responsible Authority, the owner of the land must retain Ilario Cortese Architects to provide architectural oversight of the delivery of the detailed design as shown in the endorsed plans and endorsed schedule of materials and finishes, during construction of the development, and John Patrick Landscape Architects to provide oversight of the implementation of the landscape scheme as shown on the endorsed Landscape Plan.
6. Before the occupation of the development, the landscaping works as shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority. Landscaping must then be maintained in accordance with the landscape management plan, to the satisfaction of the Responsible Authority.
7. Prior to a building permit being issued, a report for the legal point of discharge must be obtained from Council and a drainage design for the development must be prepared by a suitably qualified Engineer in accordance with all recommendations and requirements contained in that report. All drainage must be by means of a gravity-based system and not pumped, with the exception of runoff from any basement ramp and agricultural drains which may be pumped. The relevant building surveyor must check and approve the drainage design and ensure that protection of the building is provided from a 1 in 100 A.R.I. rainfall event as required by the Building Regulations.
8. Prior to an 'Occupancy Permit' being issued, a suitably qualified Engineer must carry out a detailed inspection of the completed stormwater drainage system and associated works including all water storage tanks to ensure that all works have been constructed in accordance with the approved design and the relevant planning permit conditions. Certification of the completed drainage from the Engineer must be provided to Council prior to a 'Statement of Compliance' being issued for the subdivision.
9. The existing street channel levels in Station Street must not be lowered or altered in any way (to facilitate the basement ramp).
10. The redundant vehicular crossings must be removed and the footpath and kerb reinstated at the owner's cost to the satisfaction of Council.
11. Prior to the endorsement of plans, an amended Waste Management Plan must be submitted to and approved by the Responsible Authority. The Waste Management Plan must be generally in accordance with the plan prepared by Leigh Design dated 22 April 2022, but modified to include:

a) The number of commercial bins proposed able to cater for the estimated garbage and recycling generation for the development increased to 538 litres for both garbage and recycling. If the floor area of the office and retail spaces are reduced, the amount of waste may be recalculated using the tool provided by Sustainability Victoria.

When approved, the plan will be endorsed and will then form part of the permit. Waste collection from the development must be in accordance with the plan, to the satisfaction of the Responsible Authority.

1. Any poles, service pits or other structures/features on the footpath required to be relocated to facilitate the development must be done so at the cost of the applicant and subject to the relevant authority's consent.
2. All utility services to the subject land and buildings approved as part of this permit must be provided underground to the satisfaction of the Responsible Authority by completion of the development.
3. Prior to occupation of the building or commencement of use, any existing vehicular crossing made redundant by the building and works hereby permitted must be broken out and re-instated as standard footpath and kerb and channel at the permit holders cost to the approval and satisfaction of the Responsible Authority.
4. Prior to the commencement of the development hereby approved, the permit holder must obtain approval from Council's Building and Local Laws Department to construct or modify any vehicle crossover/s providing access to the subject site. The issue of a planning permit does not provide approval for vehicular crossovers which are outside of the title boundary.
5. All plant and equipment (including air-conditioning units) shall be located or screened so as to minimise visibility from any of the surrounding footpaths and from overhead views and shall be baffled so as to minimise the emission of unreasonable noise to the environment to the satisfaction of the Responsible Authority.
6. This permit will expire if one of the following circumstances applies:

a) The development is not started within three years of the date of this permit. > > b) The development is not completed within five years of the date of this permit_._

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

[1] 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.

[2] Paragraph 94, page 31/60, Evidence of Mr Kel Twite

[4] Boroondara CC v W Property Group Pty Ltd ACN 136 903 494 unreported. No. S CI 2017 03596, In the hearing the matter was referred to as 'W Property Group' case.

[5] Plans prepared by Ascui Edwards Architects TP-07 and TP-09 Rev F dated 7 July 2010

[6] San Domenico Pty Ltd v Stonnington CC [2013] VCAT 1907

[10] Paragraph 5.4.3, p25 Evidence of Mr Kiriakidis