1. The porte cochère driveway redesigned to show a minimum 3.6m offset and minimum 3.6m internal radii where the driveway changes direction to intersect with the footpath.

1. All redundant vehicle crossings removed along the Hawthorn Rd and Beddoe Av frontages.
2. Retention of the existing 3 x 3m footpath splay at the Hawthorn Road/Beddoe Av intersection.
3. To show the design of the basement and the parking spaces in the basement compliant with the requirements of AS/NZ 2890.1-2004. Each car space that leads into another, or a wall, must be at least 5.4m long. All columns shall have a setback of 0.3-0.75m from the parking aisle.
4. A landscape plan in accordance with the requirements of Condition 5 of this permit.
5. All wall heights above ground level to AHD to be shown on the plans.
6. All paving (except driveways) to be permeable.
7. A schedule of all external materials and finishes. The schedule must show the materials, colour (including two colour samples) and finish of all external walls, roof, fascias, window frames and paving (including car park surfacing).
8. All plant and equipment (including air conditioning units, heating units, hotwater systems, etc.) to be located externally.

1. The storage locations for the garbage and recycling bins and the loading area.

1. The use and development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.
2. The restoration of the church to be conducted in accordance with approval of Heritage Victoria.
3. The street trees affected by the proposed locations of the vehicle crossings/ Porte Cochère driveway will require Council consent for removal and/or replacement prior to the issue of a permit.
4. Before the development starts, an amended 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 plan must be generally in accordance with the landscape plan Rev D dated 20 October 2008 prepared by Landarche but modified to show:
   1. A survey (including botanical names) of all existing vegetation to be retained;

b) Location of tree protection barriers for existing trees to be retained;

c) The hedge planting proposed adjacent to the west boundary of 86 Union Street replaced with planting that will reach a height of approximately 2 metres; and

1. An in-ground irrigation system provided to all landscaped areas.

1. Landscaping as shown on the endorsed landscape plan must be carried out and completed to the satisfaction of the Responsible Authority prior to the occupation of any part of the development.
2. The landscaping shown on the endorsed plans must be maintained to the satisfaction of the Responsible Authority.
3. Prior to commencement of building and works (including demolition), tree protection barriers for existing trees to be retained shall be erected. Tree protection measures shall generally in accordance with the recommendations contained the Arboricultural Assessment and Report prepared by Tree Logic dated 26 November 2007 for all trees to be retained on the site.
4. The use and development must be managed so that the amenity of the area is not detrimentally affected, including through the:

a) transport of materials, goods or commodities to or from the land;

1. emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil; or

1. All pipes, fixtures, fittings and vents servicing any building on the site must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority.
2. Air-conditioning and other plant and equipment installed on the subject buildings must be positioned and baffled to ensure minimal visual impact outside the site and compliance with relevant noise regulation requirements to the satisfaction of the Responsible Authority.
3. External lighting must be designed, baffled and located so as to prevent any adverse effect on adjoining land to the satisfaction of the Responsible Authority.
4. Before the buildings are occupied, the area/s set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be:

1. properly formed to such levels that they can be used in accordance with the plans;

e) line marked to indicate each car space and all access lanes; and

1. clearly marked to show the direction of traffic along access lanes and driveways to the satisfaction of the Responsible Authority.

1. Car spaces, access lanes and driveways must be kept available for the purpose of parking or access as appropriate at all times.
2. All car parking spaces must be designed to allow all vehicles to drive forwards both when entering and leaving the property.
3. VicRoads Conditions

1. A two-way vehicular crossover, at least 6.4 metres wide, as measured at the property boundary, shall be constructed at the access to the basement car park to the satisfaction of VicRoads and the Responsible Authority. This access shall be designed to accommodate the movements of an 8.5 metre long service vehicle turning from the kerbside lane. 2. A one-way vehicular crossover shall be constructed at the entry to the Porte Cochere to the satisfaction of the Responsible Authority. This access shall be designed to accommodate the movement of an 8.5 metre long service vehicle turning from the kerbside lane and to encourage one-way operation.

1. A one way vehicular crossover shall be constructed at the exit to the Porte Cochere to the satisfaction of VicRoads and the Responsible Authority. This access shall be designed to accommodate the movement of an 8.5 metre long service vehicle turning from the kerbside lane and to encourage one-way operation.

1. Prior to the commencement of any site works functional layout plans of the proposed access arrangements shall be submitted to VicRoads for approval. 2. All car parking spaces shall be designed to allow all vehicles to drive forwards when both entering and leaving the subject property. 3. Any redundant existing vehicle crossovers shall be removed and the footpath, nature strip and kerbing reinstated to the satisfaction of the Responsible Authority. 4. Adequate signs, pavement markings and traffic islands shall be provided to direct and control the flow of traffic within the site. 5. The applicant must arrange for and pay the full costs of all roadworks, pavement markings, public lighting alterations, service relocations, signage and other costs associated with these works, i.e. all works are to be undertaken at no cost to VicRoads or the Responsible Authority.
2. Melbourne Water conditions

1. No polluted and / or sediment laden runoff is to be discharged directly or indirectly into Melbourne Water's drains or watercourses. 2. All entrances, exits, windows, openings and vents to the basement car park must be a minimum of 300mm above the flood level.

1. The entrance/exit to the basement car park must incorporate an apex a minimum of 300mm above the flood level.

1. Finished floor levels must be a minimum of 300mm above the applicable flood level.
2. The stormwater detention system must be designed in accordance with cl. 8.11 A.S/NZ 3500.3.2 1998 National Plumbing and Drainage - Part 3.2 Stormwater drainage - Acceptable solutions
3. Plans for the construction of the outfall drain must receive Bayside City Council approval prior to the commencement of the development.
4. Any paved courtyards / paths must be graded/ drained to prevent stormwater discharge into adjacent properties.
5. Any seepage / agricultural drainage water must not be discharged directly to the kerb/channel.
6. Before the development begins, detailed plans (3 sets) indicating the method of stormwater discharge to the nominated 'Legal Point of Discharge' (and Stormwater Detention Systems where applicable), must be lodged with Council's Street Services department for approval.
7. The driveway / parking areas / paved courtyards / paths and 'pervious' pavements must be graded / drained to prevent stormwater discharge onto the front footpath or into adjacent properties.
8. Before the buildings are occupied, a traffic and parking management plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The plan must include:

1. the location of all areas on-and/or off-site to be used for trade and delivery parking; 2. the means by which the direction of traffic and pedestrian flows to and from car parking areas will be controlled both on and off-site; and

1. measures to discourage delivery/service vehicles obstructing traffic flows to the surrounding streets.
2. Before the buildings are occupied, a waste management 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. Three (3) copies of the plan must be submitted. The plan must include but is not limited to:
   1. Provision on the land for the storage and collection of garbage and other solid waste. This area must be graded and drained and screened from public view to the satisfaction of the Responsible Authority.
   2. All waste material must be regularly removed from the site. All vehicles removing waste must have fully secured and contained loads so that no wastes are spilled or dust or odour is created to the satisfaction of the Responsible Authority.
3. The waste management plan must be implemented to the satisfaction of the Responsible Authority. The waste management plan must not be modified unless with the written consent of the Responsible Authority.
4. Prior to the commencement of any works, a construction management plan must be submitted to and approved by the Responsible Authority. The construction management plan must address, but is not limited to:

1. control of noise and airborne matter, deliveries, vehicle access, worker car parking, damage to public assets, and contact numbers for complaints; 2. provision of a truck wheel-wash so that vehicles leaving the site do not deposit mud or other materials on roadways;

1. the covering and maintenance of all roads/storage areas/external stockpiles/or vacant areas to avoid dust nuisance to any residential and commercial premises; and

1. the prohibition of delivery/tradesmen's vehicles from obstructing the surrounding streets during the construction period.
2. This permit will expire if one of the following circumstances apply:
   1. the development is not started within two (2) years of the date of this permit; or
   2. 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 before the permit expires or within three (3) months afterwards.

[1] Mr Kocdag raised issues regarding the setbacks shown on the advertised plans. Discussions at the hearing revealed that although the applicant had submitted amended plans on 13 February 2008, which amongst other things increased setbacks to the eastern boundary, Council had sent notice of the application to nearby residents prior to receiving amended plans. The notice on the land, placed by the applicant, post dated the lodgment of amended plans. Some parties at the hearing had inspected the original plans and others had inspected the amended plans. I asked Mr Bitmead to explain the changes and I was satisfied that, although confusing and poor procedure by Council, persons who may incur material detriment by the grant of a permit had the opportunity to object to the grant of a permit and to be party to this application for review.

[2] At Clause 22.09 Discretionary uses in residential areas.

[3] Referred to at Clauses 21.05, 21.05 and 22.07-3.

[4] [2003] VCAT 1934 Paragraph 35

[5] Landscape Plan Rev D dated 20 October 2008 prepared by Landarche.

[6] Advice from Dale Kelly Urban Design Planner dated 29 February 2008.

[7] Permit No P12843 issued by Heritage Victoria on 29 October 2008.

[8] Accompanying a letter dated 7 November 2008 from Best Hooper Solicitors addressed to the Tribunal and copied to other parties.

[9] Exemption included at Clause 43.01 of the Bayside Planning Scheme under Amendment VC49 gazetted 15 September 2008.

[10] At Clauses 12.05, 15.11 and 19.03 of the Bayside Planning Scheme.

[11] At Clauses 21.04-2 and 21.09 of the Scheme.

[12] Heritage assessment of impact of proposed aged care facility on the former St John the Less church and schoolroom by Trevor Westmore Urban Design and Heritage Conservation dated 14 February 2008.

[13] Landscape Plan Rev D dated 20 October 2008 prepared by Landarche and circulated to parties prior to the final day of hearing.

[14] At Clauses 55.04-3 Daylight to existing windows objective; 55.04-4 North facing windows objective; 55.04-5 Overshadowing open space objective of the Bayside Planning Scheme.

[15] A traffic report prepared in association with a previous proposal for a 120 bed high/low care facility on the review site by Grogan Richards dated 25 September 2002.

[16] At Clause 52.34 of the Bayside Planning Scheme.

[17] As referred to earlier the site is located within Precinct D2 and the Character Area Statement and Precinct Guidelines are contained in Clause 22.07-4 of the Bayside Planning Scheme.

[18] Landscape Plan Rev D dated 20 October 2008 prepared by Landarche.

[19] Including the DDO2 at Clause 43.02; Discretionary Uses in Residential Areas at Clause 22.09; Neighbourhood Character Policy at Clause 22.07; Landscaping objectives at Clause 55.03-8.

[20] Arboricultural Assessment 709-723 Hawthorn Road Bentleigh [sic] prepared by James Martens Mullaly of Tree Logic dated 20 October 2008.

[21] I have referred to the condition numbers as they appeared in the draft conditions circulated by Council. The numbers change in my order.