• (b) The wall height of the service station/convenience store and convenience restaurants building to be a maximum of 4 metres above finished ground level.

• (c) Provision of a 1 metre recess for that part of the building located between the service station/convenience store and convenience restaurants to provide articulation along the southern elevation of the building and roofline.

• (d) An increased setback of the ambulance depot to a minimum of 7 metres from Huon Park Road with an additional setback or façade treatment of the office and amenity building to provide articulation to the street elevation.

• (e) Extension of the pedestrian path to connect through to Huon Park Road to be achieved via reduction in aisle widths and/or a reduction in the landscaping area between the ambulance depot and the car wash.

• (f) Location of air hoses for the inflation of tyres in a location that is shielded to minimise emission of noise to adjoining residential properties.

• (g) The kerb and channel closest to the first handcar wash bay to be realigned in order to allow the safe movement of vehicles.

• (h) The monolith ambulance sign relocated to a position west of the driveway providing access to the ambulance garage and the internal illumination of the sign removed.

• (i) The car wash entry/exit sign relocated to the west side of the access way to the car wash and service station from Huon Park Road.

• (j) Any advertising on the south western elevation of the service station/convenience store building confined to the most northern panel.

2. The use and development allowed by this permit as shown on the endorsed plans must not be altered or modified except with the prior written consent of the Responsible Authority.
3. Before the development starts, a landscape 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 then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The landscaping plan must generally be in accordance with the Landscape Concept Plan dated May 2009 prepared by CDA Design Group Pty Ltd attached to the landscape evidence of Tim Vernon but modified to show:
   • (a) Modifications to reflect site layout as required by Condition 1 of this permit.

• (b) Buildings and trees (including botanical names) on neighbouring properties within three metres of the boundary.

• (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.

• (e) Specification of at trees/shrubs to a height of 3 metres at the time of planting to the east and south east boundaries.

• (f) Landscaping and planting within all open areas of the site.

• (g) The proposed planting and landscaping is to be low maintenance, hardy and proven to perform in similar developments, demonstrating the use of sustainable practices to the satisfaction of the Responsible Authority.

• (h) A watering system incorporating collection of roof runoff.

All species selected must be to the satisfaction of the Responsible Authority.

1. Before the use/occupation of the development starts or by such later date as is approved by the Responsible Authority in writing, 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 to the satisfaction of the Responsible Authority and used for no other purpose, including that any dead, diseased or damaged plants are to be replaced.
3. Before the development starts, a schedule of construction materials, external finishes and colours to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the schedule will be endorsed and will then form part of the permit.
4. Before the use begins and/or the buildings are occupied, an acoustic fence must be erected along the eastern, south eastern and southern boundaries of the site to a minimum height of 2 metres above natural ground level. The design of the fence must be in accordance with the typical specification of a timber acoustic barrier contained in the acoustic evidence prepared by Burton Acoustic Group dated 20 May 2009. The details of the design and acoustic qualities of the fence must be to the satisfaction of the Responsible Authority.
5. The use and development must be managed to the satisfaction of the Responsible Authority so that the amenity of the area is not detrimentally affected, through the:
   • Transport of materials, goods or commodities to or from the land.
   • Appearance of any building, works or materials.
   • Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil.
   • Presence of vermin.

6. Air conditioning plant, compressors and exhaust fans must be located so as to minimise adverse amenity impacts on abutting and nearby residential properties, to the satisfaction of the Responsible Authority.
7. Access via the two doors on the southeast side of the convenience restaurant building shall be confined to emergency and maintenance purposes. The area between the southeast side of the service station/convenience store and convenience restaurant building and the south east site boundary shall not be used for the congregation of staff or patrons or for storage of goods or materials to the satisfaction of the Responsible Authority.
8. The convenience restaurant use approved under this permit may only operate only between the hours of:

1. The automated car wash use approved under this permit may only operate between the hours of:

1. The hand car wash use approved under this permit may only operate between the hours of :

1. Deliveries may only take place during the following hours:
   • Monday to Saturday - 7am to 10pm;
   • Sunday - 9am to 10pm.
2. Removal of commercial waste may only take place during the following hours:
   • Monday to Saturday - 7am to 8pm;
   • Sunday - 9am to 8pm.
3. No more than 55 seats may be made available in the approved convenience restaurants at any one time to patrons on the premises, without the written consent of the Responsible Authority.
4. Noise levels emanating from the premises (occupied by any of the approved uses) must not exceed those required to be met under:
   • State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade), No. N-1; and,
5. All security alarms or similar devices installed on the land must be of a silent type in accordance with any current standard published by Standards Australia International Limited and be connected to a security service.
6. No external sound amplification equipment or loud speakers are to be used for the purpose of announcement, broadcast, playing of music or similar purpose.
7. The signs must not contain any flashing light.
8. The signs must be constructed and maintained to the satisfaction of the Responsible Authority.
9. The location of the signs, including those on the supporting structure, as shown on the plans must not be altered without the written consent of the Responsible Authority.
10. External lighting must be designed, baffled and located to prevent any adverse effect on adjoining land to the satisfaction of the Responsible Authority.
11. Internally illuminated signs associated with various uses allowed under this permit must be controlled by a timer switch so that they are illuminated only during permitted hours of operation.
12. Car parking must be to the satisfaction of the Responsible Authority, including one car space clearly marked for use by disabled persons. These spaces are to be shared by all uses operating on site.

1. 'No exit' signs must be installed at the end of the one way entrance accessway and face toward parking spaces 1 to 6 of detail and car wash facility. This must be supported with one way arrow linemarking on the entrance accessway.
2. 'No entry' signs shall be installed at the exit of the hand car wash on to the two way accessway connecting to the 7.7 metre wide crossover on Huon Park Road.
3. 'No entry' sign must be installed at the exit onto the road reserve of the South Gippsland Highway.
4. Linemarking and signage shall be provided in accordance with Australian Standards.
5. Vehicle crossings must be designed and constructed to an industrial strength and all existing crossings must be removed and replaced with footpath, nature strip and kerb and channel to the satisfaction of the Responsible Authority.
6. Unless with the written consent of the Responsible Authority, crossovers shall be located a minimum of 1.0 m from any service facilities.
7. Waste/recycles bins storage and collections points shall be provided and shown on the plans.

1. The site must be drained to the satisfaction of the Responsible Authority.
2. A liquid spill retention system or other retention facilities acceptable to Melbourne Water must be provided to prevent fuel spillage into the stormwater system during bulk transfer.
3. Any concrete wash area must be installed to the satisfaction of the Responsible Authority and must be constructed so all waste from the wash area is connected to the sewer /or a settlement and oil separation system in accordance with the Environment Protection Act 1970.
4. Appropriate sediment control measures must be undertaken during construction to ensure that the development site is adequately managed in such a way that no mud, dirt, sand, soil, clay or stones are washed into or allowed to enter the stormwater drainage system.

1. Car parking spaces must be designed to allow vehicles to drive forward when entering and exiting the property, to the satisfaction of the Responsible Authority.
2. Existing vehicular crossovers must be removed and the footpath, nature strip and kerbing reinstated to the satisfaction of the Responsible Authority.
3. Any external lighting of the signs must be designed, baffled and located so as not to cause glare or distraction to motorists or other persons or loss of amenity, to the satisfaction of the Responsible Authority.

1. No polluted and/or sediment laden runoff is to be discharged directly or indirectly into Melbourne Water's drains or watercourses.
2. Finished floor levels must be a minimum of 300mm above the applicable flood level.
3. Any vehicular and/or pedestrian access must be designed and constructed to comply with the following safety criteria associated with the applicable flood level. (A) Depth of flow does not exceed 0.35m; (B) Velocity of flow does not exceed 1.5m/s; (C) The Depth X Velocity product does not exceed 0.35 m2/s.
4. Prior to commencement of works on site, detailed construction plans showing existing levels and proposed finished surface levels must be submitted to Melbourne Water for approval.
5. Prior to commencement of works on site, a development impacts report must be submitted demonstrating that the development satisfies the 5 core requirements set out in Section 4.3 of our "Guidelines For Development In Flood Prone Areas", to the satisfaction of Melbourne Water.
6. Engineering plans, sections and computations demonstrating compliance with the above criteria must be submitted to Melbourne Water for approval. Flood mapping extents and levels must also be provided in digital format (Autocad or Mapinfo).
7. The building/structure including footings, eaves etc must be set outside any easement or a minimum 1.5 metre laterally clear of the outside edge of the main drain, whichever is greater.
8. Prior to a Building Permit being issued, any demolition of structures, removal of existing trees etc shall require separate approval from Melbourne Water. The details shall include:
   • The method of works to be carried out.
   • Machinery access, no additional loading to be placed on drain.
9. Prior to a building permit being issued, the depth of the footings must be adequate to satisfy the angle of repose relative to the drain as per Melbourne Water's specification. Refer to Melbourne Water's Standard Drawing: 'Angle of Repose - Footing Design' for details.
10. Prior to a Building Permit being issued, a separate Buildover Application shall be made directly to Melbourne Water for detailed terms and conditions. Design plans shall be submitted to include the following:
    • Method of works
    • New fences to include footings locations being internal and along boundary. (No fence post shall located directly above the main drain)
    • Paving
    • Building(s) footings
    • Any other structures/works that are within the easement or affecting the drain.

Please note, fees and bonds will be applicable for asset protection works.

1. A legal Buildover Agreement for structures/works over Melbourne Water's drain may need to be entered into with Melbourne Water.
2. A separate application is required for any new or modified stormwater connection to Melbourne Water's drainage system.
3. No loading shall be placed directly on Melbourne Water's drain.
4. Landscaping plans affecting the drainage easement/drain shall be submitted to Melbourne Water for approval.
5. Measures shall be designed and constructed to prevent fuel product spillage into the stormwater drainage system, during bulk transfer operations. The area should be large enough to contain the gantry of the delivery tanker to ensure all fuel spills occurring during transfer operations drain to a Triple Interceptor Trap.

1. The permission for a use or development associated with that use under this permit will expire of one of the following circumstances applies:

1. The development is not started within two years of the date of this permit. 2. The development is not completed within four years from the date of this permit.

1. The use is not commenced 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 three months afterwards.

[1] In accordance with s.4 (2) (d) of the Victorian Civil and Administrative Tribunal Act 1998, a failure to make a decision is deemed a decision to refuse an application.

[2] Pursuant to s.79 of the Planning and Environment Act 1987

[3] Noting that the definition of service station in the Casey Planning Scheme allows for the selling of food, drinks and other convenience products, amongst other things.

[4] State policy of relevance is included in Clauses 11, 12, 14, 17, 18 and 19.03. Relevant local policy include Clauses 21 Municipal Strategic Statement especially 21.05 Built Up Area and 21.12 Image, 22.07 Retail Policy, 22.15 Good Design Policy, 22.16 Advertising Policy, 22.17 Stormwater Policy, and of particular importance, Clause 22.08 Non-residential Uses in Residential Areas Policy.

[5] P3269/2008 Strintzos Group P/L v Casey CC dated 17 March 2009

[6] Noting that the ambulance depot also presents built form of some 24 metres length in the overall frontage to Huon Park Road.