For the reasons outlined above I have concluded that the decision of the Responsible Authority will be set aside.
[2]
To construct eleven (11) dwellings; and to reduce the visitor car parking requirement to zero
[3]
Before the commencement of the development, three (3) copies of plans drawn to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the plans (Drawing No. TP01B - TP24B) dated 31 January 2014 but modified to show:
(a) Annotations on the elevations that confirm the opaque glazing and privacy screens have a transparency no more than 25 percent in accordance with Standard B22 of Clause 55 of the Stonnington Planning Scheme.
(b) Apt G0l be provided with high level windows to the kitchen and living areas on the east elevation.
(c) Apt G04 be provided with appropriately shaded high level windows on the north elevation to bedroom 1 and 2.
(d) Within the 2m by 2m sightline area located either side of the access point to the basement car park, any planting must be to a maximum height of 0.5m.
(e) Plans be updated to show the total available width for the car stackers and dimensions of the proposed crossover.
(f) Annotation that confirms the capacity of the water tanks and the water tanks will be connected with toilets for flushing.
(g) Roof plan be updated to confirm the drainage area that will be connected to the rainwater tanks.
(h) Any changes as required by the Landscape Plan in accordance with Condition 4.
(i) Any consequential changes to the layout of the basement and parking provision to accommodate the changes as required by Condition 4.
(j) Any changes as required by the Sustainability Management Plan in accordance with Condition 8.
(k) Notation that the roof terrace is to be for the sole use of the occupants of Apartment 202.
[4]
All to the satisfaction of the Responsible Authority.
[5]
The development must be in accordance with the endorsed plans unless otherwise agreed in writing by the Responsible Authority.
The project must incorporate the Water Sensitive Urban Design initiatives detailed in the endorsed site plan and/or stormwater management report.
Before the development starts, a landscape plan to be prepared by a landscape architect or suitably qualified or experienced landscape designer must be submitted to and approved by the Responsible Authority. When approved, the landscape plan will be endorsed and will then form part of the permit. The landscape plan must be generally in accordance with the landscape plan (Job No.13-358, Drawing No. TP01) dated July 2013 but modified to show:
(a) Planting of at least two large canopy trees in the front setback.
(b) The proposed Magnolia grandiflora 'Little Gem' in the front setback be replace with a more vigorous growing species.
(c) Plantings of less than 0.5m in height along the triangular sight line areas located either side of the vehicular accessway to the basement car park.
[6]
All to the satisfaction of the Responsible Authority.
[7]
Before the occupation of the development, the landscaping works as shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority. Landscaping must then be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.
Concurrent with the endorsement of plans, a Waste Management Plan must be submitted to and approved by the Responsible Authority. The Waste Management Plan must be generally in accordance with the one prepared Leigh Design (dated 5 August 2013) Council date stamped 19 August 2013 to the satisfaction of the Responsible Authority.
[8]
When approved, the plan will be endorsed and will then form part of the permit. Waste collection from the development must be in accordance with the plan, to the satisfaction of the Responsible Authority.
[9]
A report for the legal point of discharge must be obtained from Council prior to a building permit being issued. A drainage design for the development must be prepared by a suitably qualified Engineer in compliance with the above report prior to the commencement of works and the drainage must be completed in accordance with the Engineer's design.
Concurrent with the endorsement of plans, a Sustainable Management Plan (SMP) must be submitted to and approved by the Responsible Authority. Upon approval the SMP will be endorsed as part of the planning permit and the development must incorporate the sustainable design initiatives outlined in the SMP to the satisfaction of the Responsible Authority. The SMP must be generally in accordance with the one prepared by Ecogenie dated 8 August 2013 but modified to show:
(a) Demonstrate how Best Practice measures from each of the 10 key Sustainable Design Categories of Stonnington Council's Sustainable Design Assessment in the Planning Process (SDAPP) have been addressed.
(b) Identify relevant statutory obligations, strategic or other documented sustainability targets or performance standards.
(c) Document the means by which the appropriate target or performance is to be achieved
(d) Identify responsibilities and a schedule for implementation, and ongoing management, maintenance and monitoring.
(e) Demonstrate that the design elements, technologies and operational practices that comprise the SMP can be maintained over time.
[10]
All works must be undertaken in accordance with the endorsed Sustainability Management Plan to the satisfaction of the Responsible Authority. No alterations to the Sustainable Management Plan may occur without written consent of the Responsible Authority.
[11]
Prior to the occupation of the development approved under this permit, a report from the author of the Sustainability Management Plan, approved pursuant to this permit, or similarly qualified person or company, must be submitted to the Responsible Authority. The report must be to the satisfaction of the Responsible Authority and must confirm that all measures specified in the Sustainability Management Plan have been implemented in accordance with the approved plan.
Prior to the commencement of any site works a construction management plan must be submitted to and endorsed by the Responsible Authority. No works are permitted to occur until the Plan has been endorsed by the Responsible Authority. Once endorsed, the construction management plan will form part of the permit and must be implemented to the satisfaction of the Responsible Authority. The plan must provide, but not limited to, details of the following:
[12]
(a) Hours for construction activity.
(b) Measures to control noise, dust, water and sediment laden runoff.
(c) The location and design of a vehicle washdown bay for construction vehicles on the site.
(d) The location of parking areas for construction and sub-contractors' vehicles on the site, to ensure that vehicles associated with construction activity cause minimum disruption to surrounding premises and traffic flows. Any basement carpark on the land must be made available for use by sub-constructors/tradespersons upon completion of such areas, without delay.
(e) Measures to ensure that sub-contractors/tradespersons operating on the site are aware of the contents of the construction management plan.
(f) Contact details of key construction site staff.
(g) The location of any site sheds and the like.
(h) Any other relevant matters.
[13]
Any poles, service pits or other structures on the footpath required to be relocated to facilitate the development must be done so at the cost of the applicant and subject to the relevant authority's consent.
All utility services to the subject land and buildings approved as part of this permit must be provided underground to the satisfaction of the Responsible Authority by completion of the development.
The existing footpath levels at the property line must not be lowered or altered in any way to facilitate access to the site.
Prior to the occupation of the building, fixed privacy screens (not adhesive film) designed to limit overlooking as required by Standard B22 of Clause 55.04-6 in accordance with the endorsed plans must be installed to the satisfaction of the Responsible Authority and maintained to the satisfaction of the Responsible Authority thereafter for the life of the building.
All plant and equipment (including air-conditioning units) shall be located or screened so as not to be visible from the surrounding footpaths and adjoining properties (including from above) and shall be baffled so as to minimise the emission of unreasonable noise to the environment in accordance with Section 48 of the Environment Protection Act1970 to the satisfaction of the Responsible Authority.
External lighting for the western aspects of the development shall be designed and located so as to minimise unreasonable light spill to the west to the satisfaction of the Responsible Authority.
[14]
This permit will expire if one of the following circumstances applies:
(a) The development is not started within two years of the date of this permit.
(b) The development is not completed within four years of the date of this permit.
[15]
In accordance with Section 69 of the Planning and Environment Act1987, a request may be submitted to the Responsible Authority within the prescribed timeframes for an extension of the periods referred to in this condition.
[16]
[1] I have considered all submissions and evidence presented by the parties although I do not recite all of the contents in these reasons.
Parties
Applicant/Plaintiff:
Union apartments Pty Ltd
Respondent/Defendant:
Stonnington CC [2014] VCAT 455
Legislation Cited (1)
Environment Act 1987
Cases Cited (1)
Union apartments Pty Ltd v Stonnington CC [2014] VCAT 455 (22 April 2014)