A permit is granted and directed to be issued pursuant to the provisions of Section 85(1) (b) of the Planning and Environment Act 1987 for the land at 58A Gipps Street, Collingwood.

Use and development of the land for the purpose of a panel beating business in accordance with the endorsed plans.

1 Before the use or 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 then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with application plans, but modified to show:

(a) Changes included on the plans presented at the Tribunal hearing (not marked with a different date or revision number to the application plans). These changes include a re-orientated spray booth and oven, relocated and renamed paint store, relocated work bays and bicycle parking

(c) A 'Right Turn' arrow painted just inside the building line at the Rupert Street exit, together with a sign(s) inside the building (visible to exiting drivers) directing right turns only.

(d) Stack height for emissions must be 3.0m higher than any roof structure within 15m of the stack.

(e) Deletion of reference to signage from the plans (other than as set out in (c) above.

(g) A minimum 2.8 metre height clearance for vehicles entering the building from Gipps Street. The minimum 2.8 metre height clearance is to extend right into the building so that vehicles and their loads can completely enter the building.

2 All use and development as shown on the endorsed plans must not be modified for any reason without the prior written consent of the Responsible Authority.

3 All operations on the site must comply with the provisions of Australian Standard AS/NZS 4114.1 Spay Painting Booths (Parts 1 and 2).

4 All operations are to be conducted within the building, so as to reduce the potential for dust, solvent or noise emissions to adversely affect adjacent properties.

5 Sanding of filler and undercoat is to be conducted by dry-sanders equipped with dust extraction systems.

6 Individual preparation bays are to be surrounded by curtains, to further reduce the potential for fugitive dust emissions.

7 All spray painting is to be conducted within modern, fully-enclosed, mechanically ventilated bake ovens which incorporate dry filters for incoming air, efficient water scrubbers for treating exhausted air, heating to accelerate curing of the newer generation (two-pack) paints and stack(s) which extend a minimum of 3.0m higher than any roof structure within 15m of the stack to discharge exhausted air vertically upwards at velocities over 10m/s.

8 Storage of paints and chemicals, including waste paints and chemicals, must be within the designated area marked "Paint Store" and comply with Australian Standards.

9 No waste including litter, anthropogenic matter, foams, scums, materials causing objectionable colours or odours, wash waters , paint residues or visible films of oils, greases or petroleum products are discharged beyond the boundary of the premises into the stormwater drainage system.

10 Staff at the premises must be instructed with regards to the environmental obligations in the operation and management of waste oils, chemicals, solvents, hazardous liquids and wastewater on the premises.

11 Drivers of trucks and other vehicles entering the site are to be directed to use the Gipps Street entrance as a first preference, with the Campbell Street entrance being used when the Gipps Street entrance is unsuitable because of its restricted height clearance. Drivers are to be directed not to use the Rupert Street entrance at any time, other than to exit the site.

12 The occupier must comply with the State Environment Policy (Control of Noise from Industry, Commerce and Trade) No. N-1 (SEPP N-1).

13 Within two months of the operation of the business, acoustic testing must be undertaken by a suitably qualified professional to ensure compliance with the state EPA (Control of Noise from Industry, Commerce and Trade) No. N-1 (SEPP N-1) and submitted to and be to the satisfaction of the Responsible Authority. All testing must be undertaken during normal operations of the business.

14 Odours offensive to the senses of human beings must not be discharged beyond the boundaries of the premises.

15 Except with the further written consent of the Responsible Authority, the use must only operate between the hours of:

(a) 7.30 am and 6.30 pm Monday to Friday; and

(b) 8.00 am to 12.30 pm on Saturday.

16 No more than 14 vehicles to be repaired must be on the premises at any one time unless with the further written consent of the Responsible Authority.

17 No vehicle, or part thereof, must be washed other than in a designated washing bay, with a discharge to a sewer, all to the satisfaction of the Responsible Authority.

18 Any vehicle under repair, or waiting to be repaired, must be parked inside the building such that it is not visible from the street(s).

19 The car parking area of the building must be used for no other purpose and be maintained at all times to the satisfaction of the Responsible Authority.

20 The loading and unloading of commercial vehicles must be carried out inside the building.

21 No entry of vehicles or trucks to the site is permitted from Rupert Street. A sign on site must be appropriately located to direct vehicles to the Gipps Street or Campbell Street entrances.

22 The two exterior pedestrian doors on the northern side of the building are to be fitted with self closing hinges and are to be kept closed other than for emergency use so as to prevent the transmission of noise and fumes outside the building.

23 The existing storage shed between the building and the northern boundary is to be demolished and no materials associated with the panel beating works are to be stored in the area between the building and the northern boundary.

24 Except with the written consent of the Responsible Authority, demolition or construction works must only be carried out between:

- 7.00 am -6.00 pm, Monday-Friday (excluding public holidays)

- 9.00 am - 3.00 pm, Saturday and public holidays.

- No work is to be carried out on Sundays, ANZAC Day, Christmas Day or Good Friday without a specific permit.

All site operations must comply with the relevant Environmental Protection Authority's Guidelines on Construction and Demolition Noise.

25 This permit will expire if the use is not commenced within two years from the date of this permit. All development must be completed within four years of the date of commencement. The Responsible Authority may approve extensions to these time limits if requests are made within three months of expiry.

Mr Tim Falkiner, Counsel instructed by Kenyon Lawyers. He called written and oral evidence from Mr Michael O'Brien, Traffic Engineer of TTM Consulting Pty Ltd and Dr Terry Bellair, Environmental Science Consultant of Environmental Assessment Associates.

1 Supershine Panel & Paint Pty Ltd asked the Tribunal to make a decision on their permit application after the Yarra City Council failed to make a decision within the prescribed timeframe. Council subsequently decided that if it had made a decision in the prescribed time, it would have issued a Notice of Decision to Grant a Permit for use and development of land at 58A Gipps Street, Collingwood for a panel beating business.

2 Nearby property owners in Rupert Street and one owner in Gipps Street oppose the use of the land for a panel beating business. Their major concerns are amenity impacts caused by additional traffic in Rupert and Campbell Streets, hours of operation, the location of the chemical store within the building, on-street parking, location next to childcare centre and noise and fumes from activities on the site.

3 The site is located on the north side of Gipps Street and occupies the whole frontage between Cambridge and Rupert Streets. The site is occupied by a large industrial building previously used as a printing works but now vacant. The building has a two storey form to Gipps Street with office space above under croft parking for twelve vehicles. Eight car spaces are accessed from Gipps Street and two each are accessed from Cambridge and Rupert Streets. The building and under croft parking occupy the whole site save for a small strip of land on the north side of the building adjoining the child care centre.

4 The proposed panel beating business will occupy the existing building with minimal changes. The main external change is the creation of a vehicle entrance door on the Gipps Street frontage, removal of existing business identification signage and the provision of a vertical flue to vent the spray booth and oven. Internal changes are also minimal with the main building works involving the construction of a spray booth, oven and paint store. Five work bays, fourteen car storage bays and four car parks are also provided within the building. Existing vehicular roller doors to Campbell and Rupert Street are to be retained, as are two pedestrian doors to the Gipps Street frontage and two pedestrian doors to the open area on the north side of the building.

5 The site is zoned Industrial 1.[1] No overlays apply to the site. A number of state and local planning policies were highlighted for my consideration[2].

6 I inspected the site and locality prior to the hearing. Documents submitted at the hearing have been retained on Tribunal files.

7 At the conclusion of the hearing I gave an oral decision and this summary contains the reasons for that decision.

8 The land is zoned Industrial 1 and has been used and developed as a printing works for many years. The proposed panel beating works reuses the existing industrial building with minimal external changes. It fronts a major road and does not have any direct abuttals with dwellings or residential zones. Those few dwellings opposite the site on the southern side of Gipps Street, the western side of Cambridge Street and eastern side of Rupert Street are within the Industrial 1 Zone and as such are non conforming uses left over from the time long ago when the area was more residential in character (accommodation other than caretaker's house is prohibited within the zone).

9 I consider that the proposal is an appropriate response to the Industrial 1 zoning and to its location within a larger industrial area. Despite submissions by Mr Peatt against the proposal, this site is not zoned Residential 1 - and cannot be treated the same way as a site zoned Residential 1. The zone objectives and the mix of potential uses are quite different in an Industrial 1 Zone, as are the reasonable development expectations of landowners. Over many years and in many cases, various divisions of the Tribunal have commented that residents living close to or abutting industrial or non-residential zones cannot expect the same level of amenity as residents living in the middle of pristine residential areas. That does not mean that issues of amenity such as noise or traffic should be ignored, but rather that lower standards are both acceptable and realistic in such interface locations. Mr Peatt and his neighbours already have lower amenity by virtue of their houses abutting or being close to industrial businesses along Gipps and Rupert Streets. Although traffic, car parking and other activities associated with the printing works have now ceased, until relatively recently, residents have had to contend with impacts caused by the printing works. The lack of activity on the review site, and no doubt the quietness enjoyed by residents in Rupert Street since the printing works moved, is an aberration and cannot be expected to continue given the zoning and its location.

10 Expert evidence was given by Dr Bellair about the proposed operation of the panel works. No alternative expert evidence was given. I accept his evidence that the business will operate as a 'state-of-the art' facility and that modern panel beating works are far removed from panel beating works of old which, as the name suggests, engaged in the noisy beating into shape of damaged vehicle panels. Anyone who has had cause to visit a panel works in recent times would understand that panel works mainly fit new or undamaged parts, and much of the work involves fillers and painting. I am satisfied that with the requirement to meet SEPP-N1 and to install other equipment to treat dust and odours there will be no adverse off-site impacts. I also note that the EPA has given its approval, subject to the inclusion of 3 conditions concerning the control of offensive odours, compliance with SEPP-N1 and the ventilation stack being 3 metres higher than any roof structure within 15 metres of the stack.

11 One matter raised at the hearing was access to the open strip of land between the building and the northern boundary. Two pedestrian doors on the northern wall closest to the child care centre provide access to the area which contains a storage shed previously used to store printing inks. I suggested to Dr Bellair that there would be amenity benefits if the storage shed was removed and the pedestrian doors fitted with self closing hinges. He agreed that these two actions would be of use and I have therefore included conditions to that effect.

12 Mr O'Brien gave evidence about parking and traffic matters. The proposal fully meets the car parking requirements as set out in Clause 52.10, and as indicated at the hearing I have no concerns about the adequacy of parking. Unloading and unloading can also take place within the building and is satisfactory. Vehicles (with loads up to 2.8 metres in height) can access the building from Gipps Street. At the hearing Mr O'Brien emphasised that a condition should be included requiring a 2.8 metre high clearance right into the building, not just for the section of building nearest the footpath. I agree with him and have therefore included a condition to that effect. Vehicles with loads up to just over 4 metres high can utilise the two roller doors on the eastern and western street frontages. A permit condition prohibits the entry of vehicles or trucks from Rupert Street. The use of Rupert Street by vehicles in contravention of this condition is clearly of concern to the residents living further north in Rupert Street. Failure to comply with permit conditions is a serious matter. It is important to state that compliance with permit conditions is a mandatory requirement and a permit holder does not have the option to choose to comply with the conditions. There are avenues available to a Responsible Authority or affected person to pursue action against breach of permit conditions.

13 In assessing Council's draft permit conditions I have made a number of changes to reflect submissions and discussion about them at the hearing, and my own editing to avoid unnecessary duplication and to provide consistency. In particular I have incorporated the EPA conditions in other conditions where appropriate, ensuring at all times that the intent of such conditions is retained. As discussed at the hearing I prefer to include the specific recommendations/commentary about 'state-of-the-art' panel shops contained on page 5 of Dr Bellair's evidence statement rather than make reference to his recommendations as originally proposed by Council. Dr Bellair's commentary about meeting relevant EPA, Worksafe and Standards Australia guidelines seems to be largely achieved by specific permit conditions. Although there seems to be overlap between what the different authorities are seeking to achieve, it is prudent that I include a condition requiring compliance with the relevant Australian Standard in case some aspects of the operation have not been covered by individual conditions.

14 Having regard to the above, I will order that a permit issue subject to conditions.

[1] Industrial 1 Zone provisions are at Clause 33.01. A permit is required to use the land as the threshold distance for panel beating of 100 metres set out in Clause 52.10 is not achieved. Buildings and works also require a permit.

[2] Relevant provisions include Clauses 11, 12, 15.04, 15.05, 17.03, 18.02, 18.03, 19.03, 21.04, 21.05, 22.05, 22.10, 52.06, 52.07, 52.10, 52.34, 65 and 66.