1. The alterations to the basement and ground level as shown on TP06 and TP07 Revision B dated 4 March 2015 prepared by Perkins Architects.
2. Provision of a screen to the east side of the upper level south facing windows or other treatment to limit views to 1 Matlock Court to the satisfaction of the Responsible Authority.

1. A schedule of colours and materials (including paint samples) to the satisfaction of the Responsible Authority.

1. Details of fencing and barriers (at ground level, first floor and second floor level and second level) showing acoustic attenuation properties generally in accordance with the Proposed Layout Plans 10.2, 10.3 and 10.4 contained in the report dated March 2015 prepared by Watson Moss Growcott entitled Proposed Child Care Facility: 470 Dandenong Road, Caulfield North. This is to include the supplementation and reinforcement of the fence to 1 Matlock Court for the entire boundary in common with 470 Dandenong Road to achieve an acoustic fence 2.5 metres high and having a mass of 15 kg/m² and any modification of the proposed fence to the south boundary with 3 Matlock Court required as a result of compliance with Conditions 6 and 7(d) of this permit.
2. Notation that ground level play spaces are only to be used by children less than three years of age and supervising staff.
3. A landscape plan in accordance with Condition 8.

When approved, the plans will be endorsed and will then form part of this Permit.

1. The use allowed under this permit (excluding cleaning, maintenance and administration) must only operate within the following times:

1. No more than 127 children may be present on the site at any one time. This excludes children not enrolled at the centre.
2. No more than 31 staff members/employees may be present on the site at any one time (this includes a combination of casual, part-time and fulltime staff).
3. Prior to the commencement of the use, a Parking Management Plan must be submitted to and approved by the Responsible Authority. The Parking Management Plan must include:
   • (a) How the allocation of car spaces will be managed, including the provision of staff parking during the operating hours and the provision of parent car spaces during the morning and afternoon peak periods;
   • (b) Which car spaces will be occupied by staff first;
   • (c) Availability of parent parking during the middle of the day;
   • (d) Arrangements for delivery vehicles;
   • (e) Encouraging use of bicycles and shared transport arrangements;
   • (f) Intended education of parents and instructions to staff about the Parking Management Plan and the need to avoid parking in Matlock Court such as through an orientation session or the like.
4. Prior to preparation of the landscape plan required by Condition 7 of this permit a report prepared by a qualified arborist on the health, structure and safe useable life expectancy of the existing ficus hedge adjacent to the southern boundary of the land shall be undertaken and submitted to the Responsible Authority. This report shall include advice as to whether a 2.5 metre high angled acoustic fence can be installed along the boundary with 3 Matlock Court without adversely affecting the health of the hedge.
5. Before the commencement of buildings and works, a detailed Landscape Plan to the satisfaction of the Responsible Authority must be submitted to, and approved by the Responsible Authority. When the Landscape Plan is approved, it will become an endorsed plan forming part of this Permit. The Landscape Plan must generally be in accordance with the landscape plan prepared by John Patrick Pty Ltd dated March 2015 but modified to show:
   • (a) Buildings and trees (including botanical names) on neighbouring properties within 3 metres of the boundary.
   • (b) A planting schedule of all proposed vegetation including botanical names; common names; pot sizes; sizes at maturity; quantities of each plant; and details of surface finishes of pathways and driveways.
   • (c) Landscaping and planting within all open space areas of the site.
   • (d) Retention of the existing ficus hedge adjacent to the boundary with 3 Matlock Court if the arborist report required by Condition 6 of this permit indicates retention of the hedge is appropriate and achievable. If the arborist report indicates that retention of the hedge is not appropriate trees as shown on the landscape plan prepared by John Patrick Pty Ltd dated March 2015 are to be provided.
   • (e) Advanced canopy trees (minimum 3.0 metres tall when planted unless otherwise agreed to in writing by the Responsible Authority) in the following areas:
     1. Four trees in the setback to Dandenong Road;
     2. Four trees throughout the site;
     3. Six trees capable of reaching a height of at least 6 metres to the eastern boundary with 1 Matlock Court.

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

(f) Details of any tree protection zones and the protection to be provided in these zones in accordance with arboricultural advice.

(g) Details of the raised planter box proposed adjacent to the pedestrian entry.

(h) Details of weed management programme

1. The landscaping as shown on the endorsed Landscape Plan must be carried out and completed to the satisfaction of the Responsible Authority before the occupation of the development and/or the commencement of the use or at such later date as is approved by the Responsible Authority in writing.
2. The landscaping as shown the endorsed Landscape Plan must be maintained, and any dead, diseased or damaged plant replaced in accordance with the landscaping plan to the satisfaction of the Responsible Authority.
3. The proposed works must not cause any damage to the existing street trees. Root pruning of this tree must be carried out to the satisfaction of the Responsible Authority prior to the construction of the crossover/works.
4. Prior to the commencement of any site works including demolition and excavation, the owner must submit a Construction Management Plan to the Responsible Authority for approval. No works including demolition and excavation are permitted to occur until the Plan has been approved in writing by the Responsible Authority. Once approved, the Construction Management Plan will be endorsed to form part of this permit and must be implemented to the satisfaction of the Responsible Authority. The Plan must be to the satisfaction of the Responsible Authority and must provide details of the following:
   • (a) delivery and unloading points and expected frequency;
   • (b) proposed parking and standing locations for construction vehicles and construction workers vehicles with use of Matlock Court to be avoided;
   • (c) a liaison officer for contact by owners / residents and the Responsible Authority in the event of relevant queries or problems experienced;
   • (d) an outline of requests to occupy public footpaths or roads, or anticipated disruptions to local services;
   • (e) any requirements outlined within this permit as required by the relevant referral authorities;
   • (f) hours for construction activity in accordance with any other condition of this permit;
   • (g) measures to control noise, dust, water and sediment laden runoff;
   • (h) measures to ensure that sub-contractors/tradespersons operating on the site are aware of the contents of the Construction Management Plan;
   • (i) any construction lighting to be baffled to minimise intrusion on adjoining lots.
5. All security alarms or similar devices installed on the land must be of a silent type approved by the Standards Association of Australia and be connected to a registered security service.
6. No amplified public address system or other amplified sound is to be used in the external areas of the child care centre except in cases of emergency.
7. All outdoor lighting must be baffled and/or located to the satisfaction of the Responsible Authority to prevent light from the site causing detriment to the locality.
8. No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building/s without the prior written consent of the Responsible Authority.
9. Adequate provision must be made for the storage and collection of garbage, bottles and other solid wastes in bins or receptacles, to the satisfaction of the Responsible Authority.
10. All bins and receptacles used for the storage and collection of garbage, bottles and other solid wastes must be kept in a storage area screened from view, to the satisfaction of the Responsible Authority.
11. All bins and receptacles must be maintained in a clean and tidy condition and free from offensive odour, to the satisfaction of the Responsible Authority.
12. Vehicle access to the basement car park must be available at all times the child care centre is open.
13. Areas set aside for the parking of vehicles and access lanes as shown on the endorsed plan(s) must be:
    • (a) Constructed;
    • (b) Properly formed to such levels that they can be used in accordance with the plans;
    • (c) Surfaced with an all-weather sealcoat;
    • (d) Drained;
    • (e) Line-marked to indicate each car space, staff or parent allocation and all access lanes;
    • (f) Clearly marked to show the direction of traffic along the access lanes and driveways

to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose.

1. Vehicular crossing(s) must be constructed to the road to suit the proposed driveway(s) to the satisfaction of the Responsible Authority and any existing crossing or crossing opening must be removed and replaced with footpath, naturestrip and kerb and channel to the satisfaction of the Responsible Authority.
2. The location of the signs (including the size, nature, panels, position and construction) shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.
3. The signs must be constructed and maintained to the satisfaction of the Responsible Authority.
4. The permit for the display of business identification signs expires on the cessation of use of the land for a child care centre.
5. This Permit will expire if:
   • - The development and/or use does not start within two (2) years from the date of this Permit; or
   • - The development is not completed within four (4) years of the date of this Permit.

The Responsible Authority may extend the time referred to if a request is made in writing before this Permit expires or within six (6) months after the expiry date if the use/development has not commenced.

If the development has commenced, the Responsible Authority may extend the time referred to if a request is made in writing within twelve (12) months of the expiry date.

1. The layout of the site and size, design and location of buildings and works as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.

1. Prior to the commencement of the permitted development, a detailed functional layout drawing, generally in accordance with drawing TP07 - Ground Floor Plan, prepared by Perkins Architects, must be submitted to and approved by VicRoads showing:
   • (a) Details of the vehicle access onto Dandenong Road. The functional layout drawing must include details of a physical island, enforcing a left in/ left out access arrangement from Dandenong Road to the development.
   • (b) Swept path analysis of appropriate design vehicles entering and exiting the development in a forward direction.

1. Prior to the commencement of use of the permitted development, works as shown on the approved functional layout drawing must be complete to the satisfaction of the Responsible Authority. (Condition required by VicRoads)
2. Provision for vehicles to enter and exit the site in a forward direction must be available at all times to the satisfaction of the VicRoads. (Condition required by VicRoads)
3. Vehicles must be able to fully enter the site without obstruction. If any gate, intercom or similar device to control vehicular access is provided, it must be located a minimum of 6.0 metres from the property boundary, to the satisfaction of the Responsible Authority. (Condition required by VicRoads)
4. Any obstruction or vegetation on the site must be kept low to achieve the driver sightline distance at the access, as per Design Standard 1 of Clause 52.06 of the Planning Scheme and AS/NZS 2890.1:2004. (Condition required by VicRoads)

[1] I have considered the submissions and evidence of all the parties that appeared, all the exhibits tendered by the parties, and all the statements of grounds filed. I do not recite or refer to all of the contents of those documents in these reasons. A letter from Ms Winter, a resident of Matlock Court, was tendered by Mr Watts at the start of the hearing. I have considered that letter although Ms Winter is not a party to this review

[2] I note that Amendment C102 was gazetted on 23 April 2015, since the hearing of this matter. This amendment revises Clause 21.08 relating to Institutional and Non Residential uses in Residential Areas but makes no changes material to my consideration of the proposal.

[3] Including Georgoulas v Glen Eira CC [2015] VCAT 132

[4] At Clause 21.08-1 with the same reference contained in this clause at the time of hearing and as amended under Amendment C102.

[5] Council advised that Amendment C123 has been exhibited (January -February 2015), submissions received and consideration by a Panel was likely. Mr Watts advised that recent meetings about this amendment had indicated opportunities for further submissions prior to consideration by Council.

[6] Between 2001 and 2011 the number of children aged between 0-5 has grown by 1000.

[7] [2015] VCAT 201 at paragraph 26.

[8] [2009] VCAT 2760 at paragraphs 24 and 34.

[9] At Clauses 15.01, 15.01-1, 15.01-2 and 15.01-5.

[11] For example Doranit Pty Ltd v Glen Eira CC [2015] VCAT 201 paragraphs 28 and 29 and Perkins Architects Pty Ltd v Glen Eira CC [2013] VCAT 855 paragraphs 35 and 36.

[12] Decision guidelines in Schedule 2 to Clause 32.07 General Residential Zone.

[13] Schedule 2 to the General Residential Zone sets a mandatory height of 10.5 metres with exceptions for a sloping site and for a lift overrun.

[15] At 22.11-12 under Siting and built form.

[16] Except for the basement which in the Schedule is included as part of the required 4 metre setback.

[17] Two versions were referred to - September 2010 and October 2013.

[18] Mr Growcott based predicted noise levels to 1 Matlock Court on a boundary fence height of 2 metres when in fact the fence is 2.5 metres high.

[19] (includes Summary) (Red Dot) [2012] VCAT 686 (28 May 2012)

[20] Except in relation to the basement setback that under GRZ2 is to be setback 4 metres from a property in the NRZ . I agree with Ms Peterson that a basement level does not contribute to visual bulk in this proposal given it does not protrude in any significant way above natural ground level.

[21] In statements of grounds, as part of lay witness evidence, and in submissions.

[22] From 'Austroads Guide to Road Design, Part 4A: Unsignalised and Signalised Intersections (2010) where the Safe Intersection Sight Distance is the 'minimum distance which should be provided on the major road should be provided on the major road at any intersection'.

[23] Including Clauses 18.02-5, 22.11 and 52.06.

[24] For 127 children this would result in 116 vehicles trips during each peak hour period. Council's traffic engineer equated this to be approximately 19 vehicle trips every 10 minutes (of which half are in and half are out).

[25] Contained in Appendix B in the evidence Ms Dunstan. The parties indicated at the hearing they were content to base submissions on these plans.

[26] Refers to 85% of vehicles with only 15% being of greater size.

[27] Traffic engineer at Ratio Consultants who undertook assessment of traffic matters for the application for permit. Ms Dunstan provided a copy of an email to VicRoads dated 10 November 2014 that contained this information.

[28] Adoption of this rate is sought in Clause 22.11-2.