Singh v Casey CC [2025] VCAT 467

(a) Location of a minimum 3,000 litre rainwater tank to be installed on each dwelling to collect stormwater from the roof and must be connected to supply water to at least one toilet within each of the dwellings.

(b) Bollard lighting at driveway must be provided for safe night time traffic movement to the satisfaction of Responsible Authority.

(c) The exact location of Melbourne Water's underground drain must be located by a licensed surveyor as per Melbourne Water's Asset Proving Standard (to quality level B or higher as per AS5488) and results of drain survey must be included on plan drawings noting setbacks to all works (dwellings, sheds and any other works) from the outside edge of Melbourne Water's drain. For more information on asset proving please refer to: https://www.melbournewater.com.au/planning-andbuilding/work-or-build-near-our-assets-oreasements/check-if-assetsare-near-your-0

(d) Currently shown 2.5 metre wide drainage easement must be widened to be a 6.5 metre wide easement noted to be in favour of Melbourne Water. Melbourne Water's underground asset following the drain survey must be shown centrally located within the new 6.5 metre wide easement.

(e) Finished ground floor level of proposed dwellings (Unit 1 & 2) must be shown no lower than 32.9 metres to Australian Height Datum (AHD) which is 300mm above the applicable flood level of 32.6 metres to AHD.

(f) Finished surface level of Unit and 2 garages must be shown no lower than 32.6 metres to AHD.

1. The layout of the subdivision as shown on the endorsed plan must not be altered or modified (whether or not in order to comply with any statute, statutory rule or Local Law, or for any other reason) without the prior written consent of the Responsible Authority.
2. The development as shown on the endorsed plans must not be altered without the written consent of the Responsibility Authority.
3. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

1. Before the development starts, a Landscape Plan to the satisfaction of the Responsible Authority and prepared by a person suitably qualified or experienced in landscape design must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and form part of the permit. The plan must be drawn to scale, fully dimensioned and a digital copy must be provided. The plan must show:

(a) A survey (including botanical names, trunk location, trunk diameter and canopy spread) of all existing vegetation. The survey must clearly mark existing vegetation to be retained and removed. The survey must also include any street trees.

(b) Buildings and trees (including botanical names, trunk location, trunk diameter and canopy spread) on neighbouring properties where the Tree Protection Zones of such trees fall within the subject site as calculated in accordance with Australian Standard 4970-2009 or its successor.

(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, sizes at maturity, and quantities of each plant. All species selected must be to the satisfaction of the Responsible Authority.

(e) Landscaping and planting within all open areas of the site including:

1. A landscaping strip a minimum of 3 metres wide along the Carluke Close frontage.
2. Landscaping and planting on both sides of each driveway.
3. A landscaping strip a minimum of 1 metre wide where possible along southern boundary.
4. A landscaping strip a minimum of 1 metre wide where possible along the northern boundary. The strip must be planted with shrub and groundcover species suitable for planting within easements and must have a natural growing height of no more than 5 metres.

(f) Landscaped areas must be planted with shrub and groundcover species capable of achieving a minimum density of at least 85 per cent coverage 12 months after planting.

(g) Landscaping must demonstrate the use of sustainable practices and if irrigation is to be provided it must not use potable water.

(h) Any planting within an easement must utilise species suitable for planting within easements and must have a natural growing height of no more than 5 metres.

(i) All garden beds adjoining turf or gravel surfaces must have hard garden edging.

(j) Trees in the following locations:

1. A minimum of two canopy tree (2 metres high at the time of planting) reaching a minimum mature height of 6 metres within the Carluke Close frontage. AND
2. A minimum of one canopy tree (2 metres high at the time of planting) reaching a minimum mature height of 7 metres within the secluded private open space of each dwelling.

(k) 1200mm organic mulch diameter around any retained or proposed trees in lawn areas.

(l) The provision of notes regarding site preparation, including the removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements.

(m) The location of any tree protection zones and protection measures including for street trees accurately drawn to scale, labelled and notations referring to any endorsed Tree Management and Protection Plan, or Arboricultural Report.

1. Before the development is occupied or by such later date with the prior written consent of the Responsible Authority, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority.
2. The landscaping shown on the endorsed plans must be maintained in accordance with the endorsed plans to the satisfaction of the Responsible Authority. Areas shown on the endorsed plan as landscaped must not be used for any other purpose and any dead, diseased or damaged plants are to be replaced.
3. Except where specified on the endorsed plan, no other vegetation must be removed from the land, without the prior written consent of the Responsible Authority.

1. Before the development starts, including demolition and/or the removal of vegetation, a Tree Protection Plan (drawing) for each stage of the development (Demolition, Construction and Landscaping) and Tree Management Plan (report) to the satisfaction of the Responsible Authority and prepared by a suitably qualified and experienced arborist must be submitted to and approved by the Responsible Authority. When approved, the Tree Management and Protection Plan will be endorsed and form part of the permit. The Tree Management and Tree Protection Plan must be specific to the trees located on the site/street trees or neighbouring property boundaries of the subject site, be prepared in accordance with Australian Standard 4970-2009 or its successor, and provide details of tree protection measures that will be utilised to ensure all trees to be protected remain viable post-construction. The Tree Protection and Management Plan must consist of:

(a) The Tree Protection Plans (drawing) for each stage of the development (Demolition, Construction and Landscaping) and must be drawn to scale, appropriately notated and reference the Tree Management Plan (report) and provide details of:

1. The Tree Protection Zone (TPZ) and Structural Root Zone (SRZ), calculated in accordance with Australian Standard 4970-2009 or its successor, for all trees to be protected on site or neighboring properties where the TPZ falls partially within the subject site.
2. Tree protection fencing, or ground protection where required, provided in accordance with Australian Standard 4970-2009 or its successor.
3. Any other specific measures such as site access points or material storage areas as required in the Tree Management Plan (report).

(b) The Tree Management plan (report) must be prepared by a suitably qualified arborist, reference the Tree Protection Plan (drawing) and provide details of:

1. All tree protection and management actions required during each stage of the development (Demolition, Construction and Landscaping).
2. How excavation impacts, including soil level changes, within the TPZ of trees to be retained will be managed or minimised.
3. Proposed tree protection measures including fencing or ground, trunk or branch protection as required during each stage of the development.
4. Any pruning to be undertaken being in accordance with Australian Standard 4373-2007 or its successor.
5. How the canopy of trees nominated on the Tree Protection Plan will be protected or managed during each stage of the development.
6. Appropriate signage on any tree protection fencing.
7. Any non-destructive root investigation previously undertaken to determine the location and distribution of roots of trees nominated on the Tree Protection Plans.
8. Proposed footings and construction methods for any buildings or structures (including but not limited to, driveways, paths retaining walls or other hard infrastructure) within the TPZs nominated on the Tree Protection Plans.
9. Details of suitable driveway/path materials and construction methods (i.e., permeable paving above grade) and the timing of works within the TPZs.
10. Stages of development at which inspections are required to ensure tree protection measures are adhered to must be specified.
11. Appropriate methods of certification by a suitably qualified Arborist of the required tree protection measures during the development including details of site visits, actions and photographic evidence.
12. The process that will be followed if any damage occurs to a protected tree, including reporting of damage for any Council owned tree.
13. Any other measures required to demonstrate the successful ongoing retention and viability during and post-construction of any trees nominated on the Tree Protection Plan.

Contact to Implement Tree Management and Protection Plan

1. Before the development starts, including demolition or removal of vegetation, the name and contact details of the Project Arborist responsible for implementing the Tree Management Plan must be submitted to the Responsible Authority or included on the Tree Management and Protection Plan to the satisfaction of the Responsible Authority.

Adherence to Tree Management and Protection Measures

1. Before the development starts, or unless with the prior written consent of the Responsible Authority, all tree protection measures and recommendations identified in the approved Tree Management and Protection Plan must be implemented, and works must be undertaken in accordance with the Tree Management and Protection Plan, to the satisfaction of the Responsible Authority. Any damaged tree must be inspected by the Project Arborist immediately and actions must be undertaken to rectify any damage where all actions are to be documented by the Project Arborist, to the satisfaction of the Responsible Authority.

1. Before the development starts, a tree protection barrier/fence must be installed around the street trees located on Carluke Close and remain in place until all works on site are carried out and completed (including the construction of any new crossover). The following tree protection measures must be followed to the satisfaction of the Responsible Authority:

(a) The fencing is to be a 1.8-metre-high temporary fence constructed using steel or timber posts fixed to a concrete pad, with the fence's side panels to be constructed of cyclone mesh wire or similar strong metal mesh or netting.

(b) The fencing is to encompass the entire nature strip area (between any footpath and kerb and channel) and must extend to the identified tree protection radial distance.

(c) The fencing can be moved to the edge of any existing crossover(s) for site access.

(d) The fencing may only be moved to construct any approved crossover.

1. Construction activities must be managed so that the amenity of the area is not detrimentally affected, through the:

(a) Transport of materials, goods or commodities to or from the land.

(b) Inappropriate storage of any works or construction materials.

(c) Hours of construction activity.

(d) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste and storm water runoff, waste products, grit or oil.

(e) Presence of vermin.

1. Before the use starts/the development is occupied, the development must provide external lighting capable of illuminating access to each driveway, garage, car parking space and pedestrian walkway, to the satisfaction of the responsible authority.
2. Before the development is occupied, external lighting must be located, designed, directed, shielded and baffled to the satisfaction of the responsible authority.

1. The development must be maintained in good order and appearance to the satisfaction of the responsible authority.
2. Before the development is occupied, or by such later date as approved in writing by the responsible authority, all new on-boundary walls must be constructed, cleaned and finished to the satisfaction of the responsible authority.
3. Before the development is occupied, or by such later date as approved in writing by the responsible authority, all new boundary fences must be constructed to a height of not less than 1.8 metres along the side and rear property boundaries to the satisfaction of the responsible authority.
4. Before the development is occupied, or by such later date as approved in writing by the responsible authority, 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.
5. No plant, equipment, services or architectural features, above the roofline, other than those shown on the endorsed plans are permitted, unless with the prior written consent of the responsible authority.

1. Before each dwelling is occupied, the following development relevant to each dwelling must be carried out and completed to the satisfaction of the responsible authority:

(a) The premises are connected to reticulated water supply, sewerage, drainage and underground electricity to the requirements of the relevant servicing authority.

(b) The areas set aside for car parking and access lanes on the endorsed plan have been:

1. Constructed with an all-weather seal coat.
2. Properly formed to such levels that they can be used in accordance with the plans.
3. Drained.
4. Linemarked to indicate each car space and all access lanes.

(c) All landscaping works have been completed generally in accordance with the endorsed plan.

(d) A letter box and street number have been provided to the satisfaction of the responsible authority.

(e) The land must be cleared of all excess, unused building materials or debris.

1. The restrictive covenant (Instrument Number: H287443) on Lot 111 on Plan of Subdivision LP 124377 which states "...that they will not construct or place upon the Lot hereby transferred at any time any building or structure other than a single dwelling house (with usual outbuildings)." is directed to be varied in accordance with the relevant provisions of the Planning and Environment Act 1987 and Subdivision Act 1988, to read as follows:

"...that they will not construct or place upon the Lot hereby transferred at any time any building or structure other than no more than two dwelling houses (with usual outbuildings)."

1. The certified plan comprising the covenant variation must be lodged with the Office of Titles for registration in accordance with Section 23 of the Subdivision Act 1988.

1. All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created.
2. The plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of that Act.
3. Reticulated water, sewerage, gas and underground electricity must be available to the land.

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 services to each lot shown on the endorsed plan in accordance with the authority's requirements and relevant legislation at the time.
2. Before the statement of compliance is issued:

(a) The development of the land must be undertaken and completed in accordance with the plans endorsed under Planning Permit PA23-0521 issued on Day Month Year, or any amended or subsequent permit; or

(b) A restriction on the plan of subdivision must be created requiring the development of all the land in the subdivision must be in accordance with Planning Permit PA23-0521, issued on Day Month Year, or any amended or subsequent permit.

1. Prior to the issue of a Statement of Compliance, each lot must be drained to the satisfaction of the Responsible Authority.
2. The stormwater drainage system must be designed such that stormwater runoff exiting the land meets the current best practice performance objectives for stormwater quality, as contained in the Urban Stormwater Best Practice Environmental Management Guidelines (Victorian Stormwater Committee, 1999) to the satisfaction of the responsible authority. Offsets may be used In lieu of meeting the above standard on site, the stormwater quality objectives may be achieved by demonstrating to the satisfaction of the responsible authority, that the intended outcomes of Clause 53.18 of the Planning Scheme have been met.
3. Before the development starts, a Maintenance Plan for any water sensitive urban design (WSUD) assets to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. Once approved, the plan will be endorsed and form part of the permit. The endorsed plan must be complied with for the ongoing maintenance of the WSUD assets.
4. Before the development starts, appropriate sediment control measures must be undertaken and maintained to ensure no mud, dirt, sand, soil, clay or stones are washed into or allowed to enter the stormwater drainage system to the satisfaction of the responsible authority.
5. Before the development starts, soil erosion control measures must be employed and maintained, all to the satisfaction of the responsible authority.

1. Prior to endorsement of plans, a 'Buildover application' must be submitted online for Melbourne Water's review and approval for permanent or temporary structures, demolition of existing structures or tree removal within 5m of Melbourne Water's asset running through the property. (Please note: upon further assessment a legally binding Buildover Agreement may be deemed necessary)

(a) Details to be submitted for permanent structures must include:

1. Plans showing the lateral relation of the proposed works to the Melbourne Water Asset;
2. The building/structure including footings, eaves etc. must be set outside the required 6.5 metre wide easement (with drain located in the centre) NOTE: No overhangs or eaves are permitted within the easement;
3. The depth of the footings must be adequate to satisfy the angle of repose relative to the drain as per Melbourne Water's specification. See attached Standard Drawing: 'Angle of Repose - Footing Design' http://www.melbournewater.com.au/Planningand-building/Forms-guidelinesandstandarddrawings/Documents/Angle-of-repose-diagram.pdf
4. A work method statement or an arborist report is required for any proposed tree removal within 5m laterally of any Melbourne Water asset;
5. A work method statement from a suitably qualified engineer will be required if any demolition is proposed and should include details of machinery access;
6. Note no additional loading is to be placed on the asset.

(b) Details to be submitted for temporary structures (e.g.: Light weight sheds, fences, paving) must include:

1. Structures are to be designed as a simple pinned connection that facilitates for ease of removal within a reasonable time of 2. Method for removal of the structure must not require the use of plant and equipment such as cranes, scaffolding or elevated work platforms;
2. Footings must not exceed a 600mm x 600mm square pad footing, and maintain a minimum lateral clearance of 500mm from the outside edge of the drain;
3. Footings must be independent and self-supporting;
4. Following are classified as Permanent structures and not permitted in the lateral clearance zone: water tanks, airconditioning units, hot water systems. For more information please refer to: https://www.melbournewater.com.au/planning-andbuilding/workor-build-near-our-assets-or-easements/building-requirements

1. Cut and fill earthworks at location of Melbourne Water's underground asset to alter existing levels (or repaving) must factor in the following:

(a) A minimum 850mm vertical cover is to be maintained over the pipeline;

(b) The manhole/junction pits located on Melbourne Water's drain must not be covered over by the proposed works;

(c) Any new landscaping within 5 metres of the asset will need to comply with Melbourne Water's Planting Guidelines. A Plant near sewers, drains, waterways and water mains application detailing of any landscaping will need to be submitted. Details to be submitted shall include:

1. Species and locations of trees to be planted;
2. Details of any hardstand areas, including paved and concrete areas;
3. Fencing details including footings/posts. For more information please refer to Melbourne Water's website.

1. Any new or modified stormwater connection shall be made to Council's drainage system. In the event that connection cannot be made to Council's system a separate application is necessary for any new or modified stormwater connection or alteration to Melbourne Water's drainage system (i.e. junction pits) and shall require approval from Melbourne Water. Evidence will need to be provided by Council regarding the legal point of discharge. For more information please refer to Melbourne Water's website.
2. No services are to be installed across Melbourne Water's asset or within the easement that must be in favour of Melbourne Water unless approval in writing has been granted by Melbourne Water. A separate Utility Installation application will need to be submitted. For more information please refer to Melbourne Water's website.
3. Finished ground floor level of proposed dwellings (Unit 1 & 2) must be constructed no lower than 32.9 metres to Australian Height Datum (AHD) which is 300mm above the applicable flood level of 32.6 metres to AHD.
4. Finished surface level of Unit & Unit 2 garages must be constructed no lower than 32.6 metres to AHD.
5. Setbacks shown from eastern (front to Units 1 & 2) and southern (Unit 1 side) property boundaries must be maintained, as per submitted plan.
6. Solid obstructions such as earth fill, retaining walls, solid fencing/ gates, raised solid landscaping will not be permitted at locations lower than the applicable flood level of 32.6 metres to AHD other than within the building envelopes and driveway ramping.
7. Front porch areas must be constructed with unenclosed foundations.
8. Any proposed fencing (both internal and boundary fencing) at locations lower than the applicable flood level of 32.6 metres to AHD must be 50% open style or standard timber paling style of construction to allow flows to pass through the property. Any new boundary fencing (only) are permitted to be standard timber paling style of construction. (Front fence must be out of a 50% open style of construction.
9. Prior to Certification, the Plan of Subdivision must be referred to Melbourne Water, in accordance with Section 8 of the Subdivision Act 1988.
10. Prior to Certification of the plan of subdivision, a new Easement, MCPAA1106 (for purpose of Wetland floodway drainage and stormwater quality management) must be created within both lots on their western boundary. This easement must be vested in favour of Melbourne Water Corporation. The new easement must be 6.5 metres wide with the drain centrally located. (As per drain survey by a licensed surveyor as per Melbourne Water's Asset Proving Standard (to quality level B or higher as per AS5488).

1. The owner of the land must enter into an agreement with:

(a) a telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider's requirements and relevant legislation at the time; and

(b) a suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

1. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

(a) telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider's requirements and relevant legislation at the time; and

(b) a suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network.

1. Prior to the issue of a State of Compliance, vehicle access crossings must be provided to the satisfaction of the Responsible Authority.
2. The proposed crossing to be in accordance with EDCM standards (minimum width to be 3.5m).
3. The crossing to be widened in accordance with EDCM standards. Both crossing require approval from Works Centre.
4. The crossings to have minimum clearance from Utilities (1.0m and from trees 3.0m.
5. Any removal of trees require approval from Landscape Team.
6. The gradients of access driveways must be in accordance with Australian Standards AS/NZS 2890.1:2004 Section 2.6.2. The maximum gradient of domestic driveways shall be 1in 4 (25%), driveway across property line shall be 1 in 20 (5%) and across a footpath and proposed crossover 1in 40 (2.5%).
7. Clear sight lines shall be provided for adequate visibility between vehicles leaving access driveways and pedestrians at the property lines as per Australian Standards AS/NZ 2890.1:2004 S3.2.4 Fig3.3. Obstructions including letterboxes, meter boxes, front and boundary fencing, vegetation and the like must be restricted to a maximum height of 1m.

1. This permit will expire if the certified plan is not lodged at the Office of Titles for registration within two years of the date of this permit. The responsible authority may extend the period referred to if a request is made in writing before the permit expires or within six months after the expiry date

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

(a) The plan of subdivision is not certified under the Subdivision Act 1988 within two (2) years after the issue of the permit; or

(b) The plan of subdivision is not registered within five (5) years after the certification of the plan of subdivision under the Subdivision Act 1988.

The Responsible Authority may extend the commencement periods referred

to if a request is made in writing before the permit expires or within six (6)

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

(a) The development is not started 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.

The responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of expiry of permit. An extension of time to complete the development or a stage of the development may be requested if:

(c) The request for an extension of time is made within 12 months after the permit expires, and

(d) The development or stage started lawfully before the permit expired.

1. Any new dwelling allowed by this permit must not be connected to a reticulated gas service (within the meaning of clause 53.03 of the relevant planning scheme). This condition continues to have force and effect after the development authorised by this permit has been completed.

[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] [2010] VCAT 1558.