Construct a building, or construct or carry out works associated with a child care centre

1. Before the use and development starts, 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 form part of the permit. The plans must be drawn to scale with dimensions and emailed to planninginfo@ballarat.vic.gov.au with the planning reference number. The plans must be generally in accordance with the plans prepared by Petridis Architects, dated 2 April 2025 and the landscape plan prepared by John Patrick Landscape Architects Pty Ltd dated April 2025 but modified to show:

(a) The render wall cladding replaced with weatherboard, timber shiplap or cement sheet with vertical or horizontal grooves no more than 200mm apart.

(b) Elevations of the store and waste areas to include a material and colours schedule.

(c) The location of the footpath along the Peady Street frontage with a pram crossing on the corner of Peady Street and Trethowan Street as required by Condition 40.

(d) The marked centre line at the corner of Peady Street and Trethowan Street accurately annotated on all relevant plans.

(e) Location of HVAC and any other plant and associated visual and acoustic screening in accordance with the Acoustic report required by Condition 23.

(f) A dimensioned fencing plan to include but not be limited to the following:

1. The location of all fencing and retaining walls.
2. Acoustic fencing as required by Condition 24. The acoustic fencing to include:

(1) A 2 metre high acoustic fence (inclusive of any retaining walls) alongside the north west boundary adjacent the building and outdoor play area

(2) A 1.5 metre high acrylic acoustic barrier along the north west edge of the deck, adjacent child care room 3 (extending to the corner of the deck).

1. Elevations of all fencing and retaining walls, including an annotation for the Modular Walls to have a surface density of at least 12 kg/m2.
2. Fencing annotations consistent between both the elevation and site plans, particularly in relation to the specification of the location of the Modular Walls on TPA02.
3. Provision of a 1.5 metre visually transparent fence on the north side of the external play space, sitting above a retaining wall.
4. Fencing to the south of the entry verandah.

(g) Landscape Plans as required by Conditions 8.

(h) Height of fill.

(i) Car parking spaces 9 to 15 annotated as staff car parking.

(j) Cross sections (southwest to northeast) at the following intervals (approximate) measured from Cobden Street boundary:

1. 17.5 metres (within the building)
2. 30.0 metres (entry of building)
3. 37.0 metres (rear of building)
4. 44.0 metres (approximate centre of outdoor space)
5. 52.0 metres (rear of outdoor space/car park area)
6. 57.0 and 63.0 metres (rear of waste area and either side of driveway)
7. 68.0 metres (within the carpark)

All to the satisfaction of the Responsible Authority.

1. The use and development hereby approved as shown on the endorsed plans and/or described in endorsed documents shall not be altered or modified without the prior written consent of the Responsible Authority unless the alteration(s) and/or modification(s) comply with an exemption contained in the Ballarat Planning Scheme.

1. Unless with the prior written consent of the Responsible Authority, the maximum number of children on the premises at any one time is eighty-four (84).

1. Without the further written consent of the Responsible Authority, the use must only operate during the following times:

(a) The childcare centre: Monday to Friday; 6.30am to 6.30pm.

(b) The outdoor play areas between 8.00am to 6.00pm.

1. Deliveries to and from the site (including waste collection) must not occur between 4:30pm-5:30pm Monday to Friday and must only take place between:

(a) 9:00am and 8:00pm Monday to Saturday

(b) 10:00am and 7:00pm Sunday and Public Holidays

1. All ancillary motors or trucks must be turned off whilst picking up or dropping off stock/materials/waste.
2. Unless with the prior written consent of the Responsible Authority, all deliveries arriving in vehicles with a length less than 6.4 metres must use a designated space within the onsite car park for loading and unloading.

1. Prior to the commencement of any works , a landscape plan generally in accordance with the plan prepared by John Patrick Landscape architects must be submitted to and approved by the Responsible Authority. When approved the plan will form part of the permit. The landscape plan to include both the childcare centre and the associated carpark and to show:

(a) A layout consistent with the architectural drawings prepared by Petridis Architects, dated 2 April 2025 and any changes required by Condition 1.

(b) Any landscaping that is in the location of the swept paths of vehicles to be plants no higher than 120mm from the finished surface level of accessway on the northern side of the car park.

(c) The location of all trees along the boundary of the adjoining lots.

(c) Details of surface finishes of pathways and driveways;

(d) A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, size at planting, sizes at maturity, and quantities of each plant.

1. All landscaping works must be carried out in accordance with the approved landscape plan and Council's Landscape Design Manual (August 2012).

Completion and Maintenance of Landscaping Works

1. Prior to the occupation of the development hereby approved all landscape works forming part of the approved Landscape Plan must be completed to the satisfaction of the Responsible Authority. The landscaping shown on the approved landscape plan must be maintained to the satisfaction of the Responsible Authority for 18 months from the practical completion of the landscaping. During this period, any dead, diseased or damaged plants or landscaped areas are to be repaired or replaced during the period of maintenance and must not be deferred until the completion of the maintenance period.

1. Prior to the commencement of any works (including earthworks) on site and within the road reserves adjacent to the site:

(a) Provide a Tree Protection Management Plan (TPMP), to be developed by a suitably qualified minimum AQF Level 5 arborist, to ensure successful retention of street tree/s and trees on adjoining properties.

1. Prior to the commencement of the development hereby approved, the applicant must submit to and have approved in writing by the Responsible Authority, a Sustainable Design Assessment (SDA) signed by a suitably qualified technical professional confirming the development satisfactorily addresses the intent of Clause 15.01-2S (Building design) of the Ballarat Planning Scheme and the relevant related requirements set out in the City of Ballarat's Environmentally Sustainable Design Policy adopted by Council on 22 March 2023.

Once endorsed this SDA will then form part of the permit and the development must be constructed in accordance with it unless otherwise agreed in writing by the Responsible Authority.

1. Before the construction or carrying out of buildings and works, the owner(s) must provide an environmental audit statement under Part 8.3 of the Environment Protection Act 2017 (Vic) stating that the land is suitable for the use or, if this permit authorises the construction or carrying out of buildings or works, is suitable for the use for which the buildings or works are constructed or carried out.

1. Where an environmental audit statement is issued for the land, and any recommendation of that environmental audit statement requires any maintenance and/or monitoring of an ongoing nature, the Responsible Authority will require the Owner(s) to enter into an Agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987 (Vic) that provides for the undertaking of the ongoing maintenance and/or monitoring as required by the environmental audit statement.
2. Where a Section 173 Agreement is required, the Agreement must be executed prior to the commencement of the permitted use, the issue of an Occupancy Permit under the Building Act 1993 (Vic) or the issue of a Statement of Compliance under the Subdivision Act 1988 (Vic) (whichever occurs first). All expenses involved in the drafting, negotiating, lodging, registering and execution of the Agreement, including those incurred by the Responsible Authority, must be met by the Owner(s).
3. Prior to any remediation works (if required) being undertaken in association with the environmental audit, a 'remediation works' plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The plan must detail all excavation works as well as any proposed structures such as retaining walls required to facilitate the remediation works. Only those works detailed in the approved remediation works plan are permitted to be carried out prior to the issue of an environmental audit statement.
4. Prior to commencement of the use or the issue of an Occupancy Permit under the Building Act 1993 (Vic) (whichever occurs first), written confirmation of compliance with all the recommendations of the environmental audit statement must be provided by an environmental auditor appointed under the Environment Protection Act 2017 (Vic), including confirming that any requirements in the environmental audit statement recommendations regarding verification of works have been complied with. All the recommendations of the environmental audit statement must be complied with to the satisfaction of the Responsible Authority.

1. Car parking spaces 9 to 15 (inclusive) must be available for the use by staff for car parking.

1. Prior to the commencement of the buildings and works hereby approved, a Construction Management Plan must be prepared to the satisfaction of the Responsible Authority and endorsed as part of this permit. The Plan must detail:

(a) Hours of demolition and construction to accord with Local Laws;

(b) Management of surrounding streets to ensure all are kept free of parked or standing vehicles or any other obstruction, including building materials, equipment, etc. to maintain free vehicle passage to abutting benefitting properties at all times, unless with the written consent of the Responsible Authority;

(c) Methods to contain dust, dirt and mud within the site and the method and frequency of clean up procedures, including the management of on-site waste storage construction bins and vehicle washing. If dust is created by construction and/or demolition works, appropriate measures must be immediately taken to suppress dust movement off site;

(d) Management of parking of construction machinery and workers vehicles to prevent adverse impacts to nearby properties;

(e) Management of heavy vehicles, site deliveries and unloading and lifting points and expected frequencies and traffic management in the vicinity of the site to ensure routes to and from the land minimise disruption to nearby residential properties;

(f) The measures to minimise disruption to pedestrian movements along adjacent footpaths;

(g) Measures to minimise noise and other amenity impacts from mechanical equipment, including idling trucks and construction activities, especially outside of daytime hours where this is permitted. Construction and/or demolition works must comply with the requirements specified in the Environment Protection Authorities, Noise Control Guidelines Publication 1254.

(h) The provision of adequate environmental awareness training for all on-site contractors and sub-contractors; and

(i) A liaison officer for contact by the public and the Responsible Authority in the event of relevant queries or problems experienced.

(j) Prior to the commencement of any works on site, a Waste Disposal and Management Plan shall be submitted to the Responsible Authority for approval. The plan must detail:

1. Where all building rubble and materials including soil is to be removed to off site. Note all materials must be taken to approved waste receiving sites or recycling centres. The site soil may be contaminated and should be disposed to an authorised facility in accordance with EPA regulations.
2. Provision for materials recycling and collection during site construction.
3. All necessary approvals shall be gained prior to materials being handled and disposed of in accordance with the Disposal Plan to the satisfaction of the Responsible Authority.

All works on the land must be undertaken in accordance with the endorsed Construction Management Plan to the satisfaction of the Responsible Authority.

1. Prior to the commencement of the use, an operational management plan must be submitted to and approved by the Responsible Authority. When approved the plan will form part of the permit, with an endorsed copy available for viewing at the childcare centre. Operational management on and adjacent to the site must conform to the approved plan. The plan must include but is not limited to:

(a) Objectives / purpose.

(b) Management Plan

(c) Hours of operation including:

1. staff arrivals and departures
2. family and children arrivals and departures

(d) Capacity of the centre

(e) Staffing

(f) Car parking

(g) Managing traffic and parking, including measures to discourage patron car parking in the adjoining streets and preclude staff parking in designated patron car parking areas.

(h) Deliveries

(i) Noise management

(j) Safety and security

(k) Emergency procedures

(l) Waste management

(m) Centre maintenance

(n) Complaint management

(o) Collection of rubbish from road reserves and car park area in the vicinity of the premise and external areas used by children and carers of the centre.

All to the satisfaction of the Responsible Authority.

1. An updated Waste Management Plan generally in accordance with the Waste Management Plan prepared by Energy Efficient Choices, dated August 2023 to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority.

The waste management must be undertaken in accordance with the endorsed Waste Management Plan to the satisfaction of the Responsible Authority.

1. External waste storage areas must be restricted to the storage bin area shown on the approved plan. Storage bins must be screened from view of the street and adequately covered to the satisfaction of the Responsible Authority to minimise dispersal of material by wind or water and vermin and pest insect access. Appropriate controls must be implemented to restrict the movement of windblown litter and prevent the site appearing unsightly. No litter must be discharged beyond the boundaries of the site. All storage areas must be surfaced and capable of being washed down with wastewater being directed to sewer via an appropriate litter trap. No odour must be emitted from any waste storage areas to cause offence to adjoining property occupiers to the satisfaction of the Responsible Authority.

1. Prior to the commencement of the buildings and works hereby approved, a Noise Management Plan must be prepared to the satisfaction of the Responsible Authority and endorsed as part of this permit. The Plan must detail the noise control strategies at Clause 4. of the approved Acoustic Impact Assessment, prepared by Octave Acoustics, dated 12 May 2025

1. Before the commencement of the use or occupation of the buildings hereby approved, the acoustic fencing must be erected along the boundaries consistent with the recommendations within the approved Acoustic Impact Assessment, prepared by Octave Acoustics. The details of the design and acoustic qualities of the fence must be in accordance with the requirements of this report and to the satisfaction of the Responsible Authority.

1. Prior to the commencement of the development the Acoustic Impact Assessment, prepared by Octave Acoustics, dated 12 May 2025 (or later) must be endorsed as part of this permit
2. Should the Responsible Authority deem it necessary on the basis of a reasonable noise complaint, the Responsible Authority may request an acoustic report to be provided that demonstrates the proposal complies with the endorsed acoustic report or which outlines any measures considered necessary to achieve compliance to the satisfaction of the Responsible Authority.

1. Prior to the commencement of the use and development, vehicle access to the site off Peady Street must be constructed in accordance with plans and specifications set under an approved Vehicle Crossing Permit to the satisfaction of the Responsible Authority.
2. Any redundant crossing is required to be removed with nature strip and kerb reinstated to Council approval.

1. No fewer than eighteen (18) car spaces must be provided on the land for the use and development, including one space clearly marked for use by disabled persons and designed in accordance with Australian Standard AS 2890.6 - 2009.
2. Car parking spaces numbered 9 to 15 (inclusive) line marked with "staff only".

1. Prior to the commencement of the use of the development, the areas set aside for the parking of vehicles and access lanes as shown on the approved plans must to the satisfaction of the Responsible Authority be:

(a) Constructed with asphalt or concrete;

(b) Properly formed to such levels that they can be used in accordance with the plans;

(c) Drained;

(d) Line-marked to indicate each car space and all access lanes;

(e) Clearly marked to show the direction of traffic along access lanes and driveways.

1. Car spaces and access lanes must be maintained and kept available for these purposes at all times.
2. Ingress and egress to the site for all vehicles (including waste collection vehicles) must be in a forward direction and must only be from Peady Street.
3. Prior to the commencement of the use of the development, all works shall be completed in accordance with plans submitted to and approved by the Responsible Authority.

1. Concrete kerbs to a minimum height of 150mm or other barriers must be provided to the satisfaction of the Responsible Authority to prevent direct vehicle access to Peady and Trethowan Streets other than via the vehicle crossing shown on the approved plans and to prevent damage to fences or landscaped areas

1. Access to and egress from the site for all vehicles (including waste collection vehicles) must only be from Peady Street and in a forward direction.

1. Signage to the satisfaction of the Responsible Authority must be provided directing drivers to the area(s) set aside for car parking and must be located at the entrance and maintained to the satisfaction of the Responsible Authority. The area of each sign must not exceed 0.3 square metres.

1. Prior to the use commencing the nature strip fronting the development in Peady Street and Trethowan Street shall be constructed in accordance with levels and specifications submitted to and approved by the Responsible Authority.
2. The works shall include:

(a) The reshaping of the nature strip following the new crossing in Peady Street top dressing the area with a 75 mm rolled depth of good quality loamy topsoil free of any weed or seed.

(b) Seeding the area with an appropriate seed mix.

All works shall be completed in accordance with Council's Landscape Design Manual to the satisfaction of the Responsible Authority prior to the use approved commencing.

1. Before the use commences, a footpath must be constructed along the frontage of the lot within the Peady Street frontage and include a pram crossing on the corner of Peady Street and Trethowan Street.
2. Prior to the footpath works commencing on site, engineering plans and specification plans must be submitted to and approved by the Responsible Authority. The plans must accord with the Infrastructure Design Manual. All works must be constructed in accordance with the approved plans and completed to a standard satisfactory to the Responsible Authority prior to the commencement of the development/use hereby approved.

1. Prior to the commencement of works or use hereby approved, engineering plans and specifications must be submitted to and approved by the Responsible Authority. All engineering works must be constructed in accordance with the approved plans and completed to a standard satisfactory to the Responsible Authority prior to the commencement of the development/use hereby approved.
2. At the completion of the works one set of 'as constructed' civil plans must be submitted to the Responsible Authority.

1. Prior to works commencing on site, drainage, stormwater detention and stormwater treatment plans and computations must be submitted to and approved by the Responsible Authority. The drainage, stormwater detention and stormwater treatment plans and computations must accord with the Infrastructure Design Manual, Council's Site Stormwater Management Systems Policy, and Council's WSUD guidelines. All drainage works must be constructed in accordance with the approved plans and shall be completed to a standard satisfactory to the Responsible Authority prior to the occupation of the development/use hereby approved commencing.
2. Stormwater from all roofs, gutters, downpipes, and paved areas shall be drained to a legal point of discharge to the satisfaction of the Responsible Authority. The Legal Point of Discharge [LPOD] is to the kerb/channel in Peady Street.
3. The whole of the subject land, including landscaped and paved areas, must be graded, and drained to the satisfaction of the Council as the responsible drainage authority to prevent the discharge of water from the subject land across any road or footpath or onto adjoining lands.
4. Any raingardens and rainwater tanks forming part of the approved drainage plans/system must be installed and maintained in good operational condition on an ongoing basis to the satisfaction of the Responsible Authority
5. At the completion of the works one set of 'as constructed' civil plans must be submitted to the Responsible Authority.

1. No material shall be deposited on any road external to the site by any means including construction vehicles or associated plant entering or leaving the land subject to this permit. Any material deposited on the road must be removed by mechanical or manual means to the satisfaction of the Responsible Authority.

1. Prior to the commencement of any works on site, a Sediment Control Plan detailing sediment control measures during construction must be submitted to the Responsible Authority for approval. Control measures should be consistent with the EPA publication '18341.1 Civil construction, building and demolition guide'. When approved the Sediment Control Plan shall form part of this permit. All sediment control measures must be undertaken and remain in place until the completion of site works to the satisfaction of the Responsible Authority.

1. The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity and gas (where it is proposed to be connected) services as shown on the endorsed plans in accordance with the authority's requirements and relevant legislation at the time.

1. All pipes, fixtures, fittings and vents servicing any building on the site must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority.

1. External lighting must be designed, baffled and located to prevent any adverse effect on adjoining land to the satisfaction of the Responsible Authority.
2. Low level security lighting must be provided to the satisfaction of the Responsible Authority's within the carpark and pathways for both drivers and pedestrians.

1. This permit will expire if one of the following circumstances applies:

(a) The development is not started within two years of the issue date of this permit.

(b) The development is not completed within four years of the issue date of this permit.

(c) This use does not commence within two (2) years after the completion of the development.

In accordance with section 69 of the Planning and Environment Act 1987 (Vic), an application may be submitted to the responsible authority 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] Practice Note of the Victorian Civil and Administrative Tribunal that sets out the process when an applicant wants to amend the application.

[3] 25 Waters Pty Ltd v Maroondah City Council [2024] VCAT 942 at [38].

[4] [2024] VCAT 711 at [102] and [103].

[5] [2020] VCAT 45, [74].

[6] [2024] VCAT 781, [33]-[34].

[7] [2020] VCAT 767, [22]-[27].

[9] [2018] VCAT 937 at [34].

[10] Accompanying photo on Plan TPA02 shows metal picket fence.

[11] Noting that Mr Spaull's evidence is based on landscape design, not arboriculture.

[12] [2021] VCAT 1191 at [68] and [69].

[13] [2025] VCAT 206.

[14] A B99 vehicle represents the largest class of passenger and light commercial vehicles, representing the 99 percentile of vehicles in terms of size and turning path under the relevant Australian Standard.

[15] (1990) 6 AATR 10

[16] Page 26 of Statement to the Victorian Civil and Administrative Tribunal by Matthew Woollard dated 12 May 2025.

[17] [2021] VCAT 834.