1. The development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.

1. Before the development permitted by this permit commences, Development Drainage Plans must be submitted to and approved by the Responsible Authority. The plans must be prepared by a suitably qualified engineer including:

(a) The use of an On-site Stormwater Detention (OSD) system;

(b) The connection to the Council nominated Legal Point of Discharge;

(c) The integration, details and connections of all Water Sensitive Urban Design (WSUD) features in accordance with the endorsed Sustainable Design Assessment (SDA) and STORM report and include drainage details as a result of landscaping;

(d) A properly prepared design with computations for the internal drainage and method of disposal of stormwater from all roofed areas and sealed areas;

(e) the Tree Protection Zone and Structural Root Zone of Trees #1, #2, #8, #9, #10, #11, #12, #30, #31, #32, #33 and #34; as identified in the submitted Arboricultural Report shown to be retained.

1. Before the development permitted by this permit commences, an amended Landscape Plan must be submitted to and approved by the Responsible Authority. The plan must be prepared by a suitably qualified landscape architect. The plan must be generally in accordance with the Landscape Plan prepared by Infinity Landscape Architects dated 23 May 2024 but modified to include:

(a) Amendments required by Condition 1 of this permit;

(b) The identification of existing vegetation (which is not intended to be removed), and nomination of vegetation for removal throughout the site;

(c) Provision of formed garden beds with edging along the front property boundary and within the front setback to prevent cars parking;

(d) Planting adjacent to driveways and within landscaping zones to consist of varying heights and species;

(e) Tree #2 to be retained within the front setback of dwelling 1;

(f) Provision of the following minimum plantings:

1. One (1) medium canopy tree(s) (mature height of at least 8m) planted at a semi-advanced state (minimum pot size 16 litre) within the SPOS of each dwelling;
2. One (1) small canopy tree(s) (mature height of at least 5m) planted at a semi-advanced state within the front setback of dwelling 1;

(g) An indigenous and/or drought tolerant planting theme;

(h) A schedule of all proposed trees, shrubs and ground cover, which includes the location and size at maturity of all plants, the botanical names of such plants and the location of all areas to be covered by grass, lawn or other surface material as specified;

(i) Tree species and planting locations must be carefully selected to avoid canopy or root conflicts with overhead wires, property boundaries, easements and existing trees;

(j) Location and details of paving, steps, retaining walls, water tanks, clotheslines, fence design details and other landscape works including cut and fill; and

(k) Location, details and cross section drawings of all Water Sensitive Urban Design features in accordance with the endorsed Sustainable Design Assessment and STORM report, with reference to connection details on the engineering plans.

1. The Final NatHERS Star Rating Certificates for the building/each dwelling must meet the following minimum ratings in accordance with the endorsed plans:

(a) Dwelling one (1), seven (7) Stars;

(b) Dwelling two (2), seven (7) Stars;

The Final NatHERS Star Rating Certificates must be provided at the completion of the development and at the request of the Responsible Authority.

1. Before the plans required by Condition No. 1 of this permit are endorsed, a Tree Management & Protection Plan (TMPP) to the satisfaction of the Responsible Authority, must be submitted to, and approved in writing by, the Responsible Authority. The TMPP must be prepared by a suitably qualified and experienced Arborist in relation to the management and maintenance of the Trees #1, #2, #8, #9, #10, #11, #12, #30, #31, #32, #33 and #34.

The Tree Management & Protection Plan must include (but not be limited to):

(a) A management regime, for all trees during the demolition, construction and post-construction phases of the development must cite, include, and consider all Tree Protection Measures conditioned as part of planning permit P187/2024;

(b) A tree protection plan drawn to scale;

(c) All tree protection zones and structural root zones to be indicated on the plan;

(d) The design modifications and specific construction techniques set out in the Arborist Report by GH Trees, December 2023;

(e) The types of footings used within tree protection zones. Which must also be indicated on the plans;

(f) Details of how root systems of the trees to be impacted will be managed. This must detail any initial non-destructive trenching (if required), requirements regarding all excavations within TPZ's and pruning of any roots required which must be undertaken by a project arborist;

(g) The location/design of tree protection fencing for retained trees, mulching/ watering requirements and TPZ areas where ground protection systems will be used;

(h) Tree removal methods for approved vegetation;

(i) All remedial pruning works that are required to be performed. Details of the pruning must reference Australian Standard AS4373:2007 Pruning of amenity trees and include a detailed photographic diagram specifying what pruning will occur. Any proposed pruning must also consider any scaffolding requirements for construction of dwellings/units, all tree pruning must then be carried out by a suitably qualified Arborist (AQF Level 3, minimum) in accordance with Australian Standard AS4373-2007 Pruning of Amenity Trees, and must be restricted to the removal of no greater than 15% of the total live canopy of individual trees unless otherwise agreed in writing by the Responsible Authority;

(j) Details regarding site access by vehicles, machinery, and storage of any related building materials in relation to the TPZ of retained trees;

(k) Details and location of all underground services in relation to the TPZ of retained trees. Plans must include notations that state all services will either be located outside TPZ's or bored under the tree protection zone unless written approval is received from the Responsible Authority;

(l) Supervision timetable and certification (sign off sheet) of all tree management activities undertaken by the project Arborist to the satisfaction of the Responsible Authority.

The approved Tree Management Plan must be implemented to the satisfaction of the Responsible Authority. Written confirmation from the project Arborist that the tree management works undertaken are satisfactory and are in accordance with the approved Tree Management Plan must be submitted to the Responsible Authority, to its satisfaction.

1. Before the development permitted by this permit commences, an amended Sustainable Design Assessment (SDA) must be submitted to and approved by the Responsible Authority. The SDA must be generally in accordance with the SDA prepared by V Star Energy dated 9 May 2024 including (but not limited to):

(a) A BESS Report that achieves 'best practice' with a minimum overall score of 50%, including a minimum 50% pass mark in all mandatory categories of Water, Energy and Indoor Environment Quality, and 100% for Stormwater;

(b) A NatHERS Star Rating Certificate illustrating a 7 Star rating for each dwelling; and

(c) An Implementation Schedule, identifying the responsible parties and project stage for the implementation of each ESD initiative.

Environmentally Sustainable Development (ESD) Drawing

1. Before the development permitted by this permit commences, an amended Environmentally Sustainable Development (ESD) Drawing must be submitted to and approved by the Responsible Authority. The ESD Drawing must be generally in accordance with the ESD Drawing prepared by Architectural Drafting and Design dated 5 February 2024 including (but not limited to):

(a) All features nominated within the associated SDA identified under Condition 7.

The drawing(s) must include (but not limited to) the following;

(b) The Water Efficiency (WELS) Rating for water fixture/fitting and appliances as nominated in their respective locations;

(c) Rainwater Tanks volume claimed and end use connections to toilets, laundry or irrigation systems;

(d) Water Efficient Landscaping design features;

(e) The NatHERS Energy Rating for each dwelling, annotated and emboldened;

(f) The Heating System type and energy rating;

(g) The Cooling System type and energy rating;

(h) The Hot Water unit type and energy rating;

(i) External Lighting including Motion Detectors in their respective locations;

(j) Clotheslines and locations;

(k) Internal lighting type and density of installation required to achieve 4 W/sqm efficiency;

(l) The location and system size of the Solar PV systems;

(m) Cross-flow ventilation breeze paths annotated for each habitable room (bedrooms and living spaces), demonstrating compliance as per BESS requirements;

(n) The location of double-glazed windows annotated with glazing specification (U value and SHGC) on each window;

(o) The location and depth of external fixed horizontal overhangs to all north facing windows, with sectional details demonstrating an appropriate shading angle for blocking unwanted summer sun for Melbourne to the satisfaction of the Responsible Authority;

(p) The location and shading type of adjustable external shading to all east and west facing windows;

(q) Placement of living areas annotated for orientation to the north to benefit from passive heating (must directly face between 20°W & 30° E of solar north);

(r) Secure bicycle parking storage spaces location and type of storage system;

(s) Electrical Vehicle charging infrastructure, with a notation to show a minimum capacity of Level 2 (Mode 3) 7 kW 32 Amp EV car charging at each garage/carport;

(t) Details for re-use of 30% of the site's construction waste;

(u) On-site Food and Garden Waste management facilities both external (compost bins/worm farms, etc) to dwelling and internal in kitchen joinery capable of containing bins for multiple waste streams;

(v) Vegetated area site coverage; this is the area covered in vegetation including plantings and grass;

(w) Details of the proposed green walls/facades/roofs including sectional details, product information, plant species, soil profiles, maintenance and watering details. A plan notation should be included that the green walls will be provided with irrigation;

(x) Tap and Floor Waste (drain) locations in private open spaces and balconies;

(y) Food production areas nominated on plans in open space areas with garden equipment storage facilities nearby;

(z) Design measures annotated to minimise the urban heat island effect. Roof colour to meet a maximum Solar Absorptance (SA) of 0.70.

1. Before the development permitted by this permit commences, an amended Water Sensitive Urban Design (WSUD) Drawing must be submitted to and approved by the Responsible Authority. When approved, the amended WSUD Drawing will be endorsed and will form part of this permit. The WSUD Drawing must be generally in accordance with the WSUD Drawing prepared by Architectural Drafting and Design dated 5 February 2204 including (but not limited to):

(a) All features nominated within the associated SDA and STORM Report identified under Condition 7, as follows:

1. The location and storage volume (Litres) of rainwater storage tank(s), pumps and connections to end-uses, such as toilets and laundry, as claimed;
2. A roof plan demonstrating the portion of the roof diverted into the rainwater treatment/storage device;
3. The location and type of any required other proprietary devices employed to improve the quality or reduce the loads of stormwater run-off from the site;

(b) A maintenance schedule for stormwater treatment devices such as rainwater tanks, toilet connections and raingardens, including responsibility, key serviceable components and frequency of maintenance;

(c) STORM Report Rating Identifying a 100% pass mark without the use of stormwater quality improvement device, buffer strips and raingardens, where possible;

1. No entry to railway land is permitted without the written consent of VicTrack.
2. At all times the common boundary with the railway land must be fenced with a 1.8m paling or black chain mesh fence and must be repaired and maintained, all at no cost to VicTrack to prohibit unauthorised access to the rail corridor.
3. Any replacement, repair or reconstruction of any fence on the boundary to railway lands must be in accordance with VicTrack's requirements.
4. No drainage, effluent, waste, soil, or other materials must enter, be stored, or be directed to the railway land.

Residential Reticulated Gas Service Connection

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. Prior to the issue of Statement of Compliance or Occupation (whichever comes first), the owner or developer must notify Council's Development Planning section that the development is complete to allow for an inspection of ESD features as shown on the endorsed documents. Council will visit the site to inspect or require suitable evidence to be provided, to confirm ESD features have been installed, to the satisfaction of the Responsible Authority.

1. Unless otherwise agreed in writing by the Responsible Authority the development permitted by this permit must not be occupied until the development has been completed to the satisfaction of the Responsible Authority in accordance with the permit and endorsed plans (including, but not limited to built form and layout, parking, landscaping, drainage and water sensitive urban design, street numbering, replacement of street trees and any environmentally sustainable development features).

1. All external surfaces of the building elevations must be finished in accordance with the schedule on the endorsed plans and maintained in good condition to the satisfaction of the Responsible Authority.
2. Outdoor lighting must be provided, designed, baffled and located to the satisfaction of the Responsible Authority such that no direct light is emitted outside the boundaries of the subject land.
3. Unless otherwise agreed in writing by the Responsible Authority, all telecommunications and power connections (where by means of a cable) and associated infrastructure to the land must be underground to the satisfaction of the Responsible Authority.
4. The owner must ensure that the garden areas shown on the endorsed plan and schedule shall only be used as gardens and shall be maintained in a proper, tidy and healthy condition to the satisfaction of the Responsible Authority. Should any plant be removed or destroyed it may be required to be replaced by a plant of similar size and variety.
5. All screening measures required to prevent overlooking in accordance with Standard B22 of Clause 55.04-6 of the Banyule Planning Scheme must be erected prior to the occupation of the building and maintained thereafter for the life of the building to the satisfaction of the Responsible Authority. The use of obscure film or spray fixed to transparent glass is not acceptable as 'obscure glazing'.

1. Prior to the commencement of development, the permit holder must pay to Banyule City Council a development infrastructure levy and community infrastructure levy in accordance with the amount specified in Table 6 of the Banyule Development Contributions Plan 2016-17, September 2018. The contribution amount payable in the table will be adjusted annually from 1 July 2017, each year to cover inflation, by applying the Consumer Price Index for Melbourne (All Groups) as published by the Australian Bureau of Statistics.

1. Unless otherwise approved in writing by the Responsible Authority, prior to the commencement of any building and or demolition works on the land, a Tree Protection Zone (TPZ) must be established and maintained during and until completion of all buildings and works including landscaping, around all trees shown to be retained on endorsed plan, including Trees #1, #2, #8, #9, #10, #11, #12, #30, #31, #32, #33 and #34 to the satisfaction of the Responsible Authority:

At least 14 days prior to commencement of works, a 'Statement of Compliance' (from a suitably qualified Arborist - AQF Level 5) include photographic evidence of the installed TPZ requirements must be submitted. Submission must be made to enquiries@banyule.vic.gov.au referencing the address and Planning Permit number.

Tree protection zone measures must be established in accordance to Australian Standard 4970-2009 as calculated within the arborist report submitted with the application authored by GH Trees, December 2023:

(a) Tree protection zone measures are to be established in accordance to Australian Standard 4970-2009 and including the following:

1. Erection of solid chain mesh or similar type fencing at a minimum height of 1.8 metres held in place with concrete feet;
2. Signage placed around the outer edge of perimeter fencing identifying the area as a TPZ. The signage should be visible from within the development, with the lettering complying with AS 1319-1994;
3. Mulch across the surface of the TPZ to a depth of 100mm and undertake supplementary watering in summer months as required;
4. No excavation, constructions works or activities, grade changes, surface treatments or storage of materials of any kind are permitted within the TPZ unless otherwise approved within this permit or further approved in writing by the Responsible Authority;
5. All supports, and bracing should be outside the TPZ and any excavation for supports or bracing should avoid damaging roots where possible;
6. No trenching is allowed within the TPZ for the installation of utility services unless tree sensitive installation methods such as boring have been approved by the Responsible Authority;
7. Where construction is approved within the TPZ, fencing and mulching should be placed at the outer point of the construction area;
8. Where there are approved works within the TPZ, it may only be reduced to the required amount by an authorised person only during approved construction within the TPZ and must be restored in accordance with the above requirements at all other times;
9. For street trees, protection must be to the extent of the entire nature strip where the Calculated Tree Protection Zone (TPZ) occurs (not obstructing a footpath or cross-over);
10. For neighbouring trees, protection must be to the extent of the calculated Tree Protection Zone (TPZ) where it occurs within the subject Land;
11. Ground protection must be laid down where access is required through a TPZ outside the fenced area detailed in (a). It must consist of a permeable membrane beneath a layer of mulch or crushed rock with rumble boards on top. Rumble boards should be of a suitable thickness to prevent soil compaction and root damage. Ground protection must only be removed once all buildings and works have been completed;
12. Once installed a TPZ must be maintained until the conclusion of all works on site, including landscaping to the satisfaction of the Responsible Authority;

(b) During the construction of any buildings or works, the following tree protection requirements must be carried out to the satisfaction of the Responsible Authority.

1. A suitably qualified project Arborist (AQF Level 5) must ensure that any pruning, root severance or buildings and works within a TPZ does not adversely impact the health and or stability of any retained tree now or into the future;
2. Any tree pruning is to confirm to AS4373-2007 Pruning of Amenity Trees, all work is to be performed by a suitably qualified Arborist (AQF Level 3, minimum) and must be restricted to the removal of no greater than 15% of the total live canopy of individual trees unless otherwise agreed in writing by the Responsible Authority;
3. Any root severance within a TPZ must be undertaken by a suitably qualified Arborist (AQF Level 3, minimum) in accordance with the Australian Standard AS4373-2007 Pruning of Amenity Trees, using sterilised, specialised tree root pruning equipment. There must be no root pruning within the SRZ of any tree. There must be no works undertaken within the TPZ other than those endorsed by the Responsible Authority;
4. The project arborist, site manager and builders must ensure that all conditions relating to Tree Protection Measures are being adhered to throughout the entire building process, including site demolition, levelling and landscape works;

1. During the construction of any buildings or works, the following tree protection requirements must be carried out to the satisfaction of the Responsible Authority:

(a) Where Dwelling #2 is within the TPZ and SRZ of Tree #31, it is to be constructed on tree sensitive footings. A Geotechnical Engineer must assess the soil type and provide the results to a Structural Engineer so that appropriate footing and foundations can be designed so that they are not affected by soil movement.

(b) Where the driveway is within the TPZ of Trees #8, #9, #10, #11 & #12, it must be constructed at the existing soil grade using porous materials that allows water to penetrate through the surface and into the soil profile. There must be no excavation or grade change within the TPZ, and no roots are to be cut or damaged during any part of the construction process.

(c) The removal of the sections of the existing driveway and garage where within the calculated TPZs of Trees #8, #9, #10, #11, #12 & #31 must be undertaken with the supervision and direction of the project arborist. The exposed areas must then be mulched with a 100mm layer of coarse grade composted woodchips, which must be maintained until such time as the treatment approved for that section is installed.

1. Where possible, all services will be located outside Tree Protection Zones or any underground service installations within a calculated Tree Protection Zone must be bored beneath the entire TPZ to a depth of at least 600mm. Any excavation within the calculated TPZ of a retained tree required for the connection of services must be:

(a) Undertaken after written approval is received from the Responsible Authority; and,

(b) Undertaken by hand or by approved non-destructive techniques suitable in the vicinity of trees under the supervision of the project arborist.

1. Except with the further written consent of the Responsible Authority, no vegetation (other than that indicated on the endorsed plan, or exempt from planning permission under the provisions of the Banyule Planning Scheme) shall be damaged, removed, destroyed or lopped.

1. All existing vegetation shown on the endorsed plans for retention must be suitably marked and adequately protected before any development starts on the site and that vegetation must not be removed, destroyed or lopped without the prior written consent of the Responsible Authority.

1. In accordance with section 68 of the Planning and Environment Act 1987 (Vic), this permit will expire if one of the following circumstances applies:

(a) The development is not commenced within two years from the date of permit issue;

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

[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] The size of the tree does not meet the sizing definition provided under the Vegetation Protection Overlay (Schedule 5).

[3] [2004] VSC 375 at [13].

[4] Data from Arborist report prepared by GHTrees Arboricultural Consultants dated 29 April 2024.