1. Except with the prior written consent of the responsible authority, the layout of the land and the size, design and location of the buildings and works permitted must always accord with the endorsed plans and must not be altered or modified.

1. Except with the prior written consent of the responsible authority, the approved building must not be occupied until all buildings and works and the conditions of this permit have been complied with.

1. Concurrent with the submission of plans for endorsement under condition 1, an amended landscape plan to the satisfaction of the responsible authority must be submitted to the responsible authority for approval. When approved, the landscape plan will be endorsed and will form part of this permit. The amended landscape plan must be prepared by a person or firm with suitable qualifications to the satisfaction of the responsible authority, drawn to scale with dimensions. The amended landscape plan must be generally in accordance with the landscape plan submitted with the application (Landscape Plan, Revision 2, dated 22 July 2024, prepared by RD Design and Drafting Pty Ltd) but modified to show:

(a) Relocation of the Dwelling 3 water tank from the northern setback to the southern setback.

(b) A garden bed along the northern setback of Dwelling 3, adjacent to the living room, planted with a species selected from the City of Greater Dandenong Tree Selection and Planning capable of attaining a minimum height of 3.0 metres at maturity.

(c) The location, Tree Protection Zone and Structural Root Zone radii of all trees on adjoining lots within 5 metres of the subject land.

(d) All canopy trees must be a native tree species selected from the City of Greater Dandenong Tree Selection and Planning.

1. The provisions, recommendations and requirements of the landscape plan must be implemented and complied with to the satisfaction of the responsible authority.
2. Before the development is occupied, the landscaping works shown on the endorsed landscape plan must be carried out and completed to the satisfaction of the responsible authority.
3. The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority, including that any dead, diseased or damaged plants are to be replaced.

1. Concurrent with the submission of plans for endorsement under condition 1, an amended Sustainable Design Assessment (SDA) to the satisfaction of the responsible authority must be submitted to the responsible authority for approval. When approved, the SDA will be endorsed and will form part of this permit. The SDA must be in accordance with the design initiatives and recommendations specified in the Sustainable Design Assessment prepared by Melbourne Sustainability Consultants, dated 08 February 2024, but modified to include or show:

(a) Preliminary energy efficiency assessment (NatHERS) rating for all dwellings. The revised energy rating assessment must achieve the average target rating of 6.5 stars, with the assumptions, results and preliminary certificates included in the appendix of the SDA.

(b) Revised Water Sensitive Urban Design report with the proposed location of the 80sqm permeable driveway as per SDA.

(c) Submission of a revised BESS assessment that includes:

1. revised Management Credit 2.2: once the preliminary NatHERS rating is complete; and
2. revised energy efficiency section inclusive of updated energy rating NatHERS inputs.

(d) Any other measures in accordance with Condition 1 of this permit.

1. The provisions, recommendations and requirements of the endorsed Sustainable Design Assessment (SDA) must be implemented and complied with to the satisfaction of the responsible authority. The endorsed SDA and supporting documentation must not be altered without the prior written consent of the responsible authority.

1. Concurrent with the submission of plans for endorsement under condition 1, an amended Tree Protection Management Plan (TPMP) (including a Tree Protection Plan annotated and to scale) using the Arboricultural Impact Assessment prepared by TMC Reports (April 2022) to the satisfaction of the responsible authority must be submitted to the responsible authority for approval. When approved, the TPMP will be endorsed and form part of this permit. The TPMP must:

(a) Depict and annotate tree protection requirements at each stage of the development process to ensure all trees to be retained are adequately protected and remain viable in the landscape.

(b) Depict trees accurately located and numbered as per the arborist report with Tree Protection Zones and Structural Root Zones represented to scale.

(c) Include the type, installation and maintenance of tree protection fencing.

(d) Outline requirements for movement in/out and throughout the site by vehicles, machinery equipment and workers that may affect management of any Tree Protection Zone.

(e) Detail the protection of trunks and crowns of any specified tree.

(f) Include specific details of any works proposed within any Tree Protection Zone and how arboricultural impacts will be mitigated.

(g) Outline how tree crowns will be managed, including any pruning requirements.

(h) Detail any excavation within or near a Tree Protection Zone.

(i) Incorporate specific methodologies and management for installation of services including, but not limited to, gas, electricity, telecommunications, storm water and sewerage.

(j) Include maintenance of Tree Protection Zones in accordance with AS 4970-2009, including mulching, watering and prohibited activities.

(k) Detail any remedial works as required.

(l) Include a schedule of Project Arborist inspections.

(m) Include a program to implement the proposed measures during and until completion of construction.

1. Unless with the prior written consent of the responsible authority, the tree protection measures set out in the Tree Protection Management Plan must be implemented and complied with to the satisfaction of the responsible authority.
2. Any building footings located within Tree Protection Zones must be constructed using a tree sensitive design (e.g. a pier and beam with the beam at grade, screw piles, a waffle pad or a slab without an edge beam). The locations of all pier holes within a Tree Protection Zone must be identified and hand dug under the supervision of a qualified Arborist to the satisfaction of the responsible authority.

1. The subject land must be drained to the satisfaction of the responsible authority.
2. Before the development is occupied, all piping and ducting above the ground floor storey of the buildings, except downpipes (and guttering), must be concealed to the satisfaction of the Responsible Authority.

1. Except with the prior written consent of the responsible authority, floor levels shown on the endorsed plans must not be altered or modified.

1. Before the development is occupied, the development must be provided with external lighting capable of illuminating access to each carport, car parking space and pedestrian walkway. Lighting must be located, directed and shielded to the satisfaction of the responsible authority so as to prevent any adverse effect outside the land.

1. Before the development is occupied, the obscure glazing to the windows shown on the endorsed plans must be provided through frosted glass or similarly treated glass. Adhesive film or similar removable material must not be used. All glazing must at all times be maintained to the satisfaction of the responsible authority.
2. Before the development is occupied, the privacy screens and other measures to prevent overlooking as shown on the endorsed plans must be installed to the satisfaction of the responsible authority.
3. All privacy screens and other measures to prevent overlooking as shown on the endorsed plans must at all times be maintained to the satisfaction of the responsible authority.

1. Before the development is occupied, all boundary walls in the development must be constructed, cleaned and finished to the satisfaction of the responsible authority.

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

(a) The development is not started within two (2) years of the date of this permit;

(b) The development is not completed within four (4) years of the date of this permit.

The responsible authority may extend the periods referred to if a request is made in writing by the owner or occupier either before the permit expires or in accordance with s 69 of the Planning and Environment Act 1987 (Vic).

[1] Pursuant to the transitional provisions at cl 32.08-7, cl 55 as in force immediately before the approval date of Amendment VC267 on 31 March 2025 applies as the application for a planning permit was lodged before that date.

[2] The submissions 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.

[3] [2023] VCAT 1196.

[6] [2012] VCAT 1675.

[7] [2015] VCAT 1091.

[8] Reichart v Banyule CC [1996] VICCAT 44.

[9] Building drawings, Job No.23:130, Revision C, dated December 2023, prepared by Jackson & Fapio Pty Ltd, and pool plans, dated 14 January 2025, prepared by Summertime Pools, circulated by the respondent during the course of the hearing.

[10] Amendment VC267, amongst other things, replaced cl 55 with a new clause that applies to applications for two or more dwellings up to and including three storeys in a residential zone. The applicant and Council submit that as the planning permit application was lodged before 31 March 2025, it takes the benefit of transitional provisions at cl 32.08-7. Consequently, cl 55, as in force immediately before the approval date of Amendment VC267, continues to apply.

[11] The respondent's Ground Floor plan shows only an ensuite window in the south elevation of the dwelling with an outlook towards the subject land. The plan shows living and dining room windows in the southern elevation, but they would have an outlook onto the enclosed verandah. I was advised during the hearing the verandah is to have a steel roof and the southern side of the verandah will be enclosed by a 3.2 metre high hebel panel rendered wall.

[12] For example, clauses 11 (Settlement), 15.01-1S (Urban Design), 15.01-2S (Building Design), 15.01-5S (Neighbourhood Character), 16.01-1S (Housing Supply), 16.01-2S (Housing Affordability) and cl 18.01-1S (Land use and transport integration).

[13] 'Medium density' is defined in cl 22.09-4 (Residential Development & Neighbourhood Character Policy) as 'where more than one dwelling is constructed on a single lot and each dwelling has its own, separate building footprint on the land. These dwellings commonly share a driveway. In some locations, medium density housing will include 2 and 3 storey units or townhouses, while in other places 1 or 2 storey residential buildings may be the norm. Townhouses can be attached or semi-detached.'

[14] Clause 55 provides that if a development meets standard B6, B7, B8, B17, B18, B19, B20, B21, B22, B27, B28, B30 or B32, it is deemed to meet the objective for that standard.