1. I have not included provision for the stairs between the rear ground floor and front ground floor to be converted to a ramp as suggested by Council. I accept Ms Dunstan's evidence that to do so would require a loss of storage and potential bicycle parking areas. Disabled access remains from the front of the site. 2. I have modified Condition 6 for an amended Sustainability Management Plan to remove and consolidate issues as discussed at the hearing. In particular I have removed reference for the plan to "demonstrate best practice urban ecology". Council and the Applicant agreed that they did not see it was relevant to the proposal. I have deleted a requirement that each dwelling be provided with a clothes line of at least 7.5 metres, this is simply unworkable. I have also deleted the requirement for "best available water efficient fittings and fixtures" as another condition also addresses water efficiency and was undisputed by the Applicant.

• Buildings and works to convert an existing building into a five storey building to accommodate dwellings and an office, and
• Reduction in car parking requirements to zero.

1. Before the development commences, 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 the permit application plans, but modified to show:
   • (a) The internal arrangement of dwellings 102, 202, 302 and 402 reconfigured so as to either:
     • (i) extend the light void of each of these dwellings east, for a depth of at least one metre south from the northern side boundary so as combine the light court with the existing light courts abutting these dwellings within 455 Lygon Street; or
     • (ii) introduce a separate light court to mirror the existing light court provided within the adjoining site at 455 Lygon Street.
   • (b) The internal arrangement of dwellings 103, 203, 303 and 403 reconfigured so as to relocate the light court between the bathroom and bedroom to the north side boundary so as to align with the existing light courts abutting these dwellings within 455 Lygon Street.
   • (c) Two motorcycle/motor scooter spaces deleted and replaced with standing bicycle spaces (not hooks). In total, at least five motorcycle/motor scooter spaces and 20 bicycle spaces must be provided.
   • (d) All windows to be openable, and where necessary screened from adjoining habitable windows to accord with Standard B22 of Clause 55.04-6 of the Moreland Planning Scheme.
   • (e) The garage door to be semi transparent or a highlight window located into the west elevation of the ground floor so as to provide daylight into the cycle storage area.
   • (f) A roof plan detailing plant and equipment, screened from adjoining residential properties.
2. The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.
3. Before occupation of the development all visual screening measures shown on the endorsed plans must be installed to the satisfaction of the Responsible Authority.
4. All visual screening and measures to prevent overlooking must be maintained to the satisfaction of the Responsible Authority. Any screening measure that is removed or unsatisfactorily maintained must be replaced to the satisfaction of the Responsible Authority.
5. Prior to the commencement of the development, a legal point of discharge is to be obtained, and where required, a stormwater drainage plan showing how the site will be drained from the property boundary to the stated point of discharge, must be submitted to, and approved by, the Responsible Authority.
6. All works must be undertaken in accordance with the endorsed Environmentally Sustainable Development (ESD) Management Plan that forms part of the application, to the satisfaction of the Responsible Authority. No alterations to the ESD Management Plan may occur without the written consent of the Responsible Authority.
7. Prior to the occupation of any dwelling approved under this permit, a report must be submitted and approved by the Responsible Authority, confirming all measures specified in the Environmentally Sustainable Development (ESD) Management Plan that forms part of the application, have been implemented in accordance with the approved Plan. The author of the Environmentally Sustainable Development (ESD) Management Plan report that forms part of the application, or similarly qualified person or company must prepare the report.
8. Prior the plans required by Condition 1 of this permit are endorsed, the ESD Management Plan, titled Environmentally Sustainable Design prepared by Blue Lotus including STEPS assessment report dated 09/10/2014 must be amended by a suitably qualified environmental engineer or equivalent to the satisfaction of the Responsible Authority to include the following:
   • (a) Preliminary building energy ratings for apartments of different typology and orientations and not less than 10% of dwellings.
   • (b) The SMP report body to be consistent with SDS report.
   • (c) Demonstration that stormwater detention volume requirements are in addition to stormwater retention
   • (d) A Building User's Guide developed and provided to occupants.
   • (e) Low Volatile Organic Compound (VOC) paints, adhesives, sealants and floor coverings to be used internally in accordance with Green Star Multi-Residential V1 criteria;
   • (f) Water efficiency standards of 3/4/5 for showers/toilets/ taps and water metering for individual occupancies.
   • (g) Rainwater harvesting system to be connected to toilets servicing at least 7 bedrooms.
   • (h) Reverse cycle heating and cooling of at least 5 star energy efficiency.
   • (i) Satisfactory STEPS or BESS report.
   • (j) Utility metering
   • (k) Solar boosted instantaneous electric hot water with solar contribution >50% or equivalent or better energy efficient system
9. The Responsible Authority may vary the requirements of this condition at its discretion, subject to the development achieving equivalent (or greater) ESD outcomes in association with the development.
10. Prior to the occupation of any dwelling approved under this permit, a report from the author of the Access Plan (Philip Chun report dated 2 September 2014), 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 endorsed Access Plans have been implemented in accordance with the approved Plans.
11. The actions detailed in the endorsed green travel management plan must be implemented to the satisfaction of the Responsible Authority, where possible they must be implemented before the occupation of the development.
12. Prior to the occupation of the development, all boundary walls must be constructed, cleaned and finished to the satisfaction of the Responsible Authority.
13. An automatic remotely controlled door must be installed at the entrance from the right-of-way to the satisfaction of the Responsible Authority
14. Prior to the occupation of the development all telecommunications and power connections (where by means of a cable) and associated infrastructure to the land (including all existing and new buildings) must be underground to the satisfaction of the Responsible Authority.
15. The Waste Management Plan approved under this permit must be implemented and complied with at all times to the satisfaction of the Responsible Authority. No alterations to the Waste Management Plan may occur without the written consent from the Responsible Authority.
16. All waste / recycling areas and stores are to be provided with ventilation in accordance with Australian Standard AS1668.
17. A letterbox must be provided for each of the premises at the street frontage. The dimensions, placement and numbering must comply with the Australia Post - Letterbox Security and Specification as published on its website to the satisfaction of the Responsible Authority.
18. An automatic light must be installed and maintained in the parking area so that the light operates automatically when a vehicle enters or leaves the land between dusk and dawn and no direct light is emitted onto adjoining property.
19. The surface of all balconies and terraces are to be sloped to collect the stormwater run-off into stormwater drainage pipes that connect into the underground drainage system of the development to the satisfaction of the Responsible Authority.
20. All stormwater from the land, where it is not collected in rainwater tanks for re-use, must be collected by an underground pipe drain approved by and to the satisfaction of the Responsible Authority (Moreland City Council, City Infrastructure Department).
21. This permit will expire if one of the following circumstances applies:
    • (a) The development is not started within two years of the issued date of this permit.
    • (b) The development is not completed within four years of the issued date of this permit.

In accordance with Section 69 of the Planning and Environment Act 1987, an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.

[1] Clause 22.08 was introduced into the planning scheme after the hearing on 19 November 2015.

[2] I have considered the submissions of all the parties that appeared, all the written and oral evidence, 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.

[3] As stated on Page 32 of Ms. Dunstan's evidence statement.

[4] Using Column B of the Table 1 of Clause 52.06 as directed by the Parking Overlay.

[6] Both relying on the 2011 Australian Bureau of Statistics census data.

[8] This Amendment was gazetted on 19 November 2015 and now forms part of the planning scheme. Parties were provided with the opportunity to make a further written submission on the approval of the Amendment, by order dated 23 November, 2015. Both Council and Mr Rigoni submitted by email that the Amendment made no substantial change to their positions as presented at the hearing, stating the new policy simply reinforced existing policy and provision for sustainable development. Mr Long made no further submission.

[9] This levy does not apply to this site, but does apply across the central city and parts of the inner city.

[10] Chaucer Enterprises Pty Ltd v Moreland CC [2015] VCAT 1615, commonly referred to by the respondent's name Nightingale.

[11] Including "Car next door" and "Rent my Car"

[13] The officer comments are based on the application plans before Council that only provided for four scooter spaces on site, not seven as in the plans before the Tribunal.

[14] Tong Ly & Ors v City of Yarra: Appeal No. 1994/49821 May 11, 1995, as cited in 14 AATR Page 364

[15] Due to imposition of resident permit policies as Ms Plakidis submitted could be applied.

[16] Being the traffic engineer comments quoted in Paragraph 66

[17] Being Mr Stephen Hunt, of Cardno who gave expert traffic engineering evidence in that case.

[18] This site was also in a Commercial 1 Zone of the Brunswick Activity Centre, being 11 Church Street Brunswick.

[19] Third Street Pty Ltd v Stonnington CC [2015] VCAT 1768

[20] Great Oaks Pty Ltd v Greater Dandenong CC (Includes Summary) (Red Dot) [2015] VCAT 1673

[22] This permit was varied by the Tribunal in Cornetta Partners Architects v Moreland CC [2012] VCAT 1148. The variations did not alter the location and size of the light wells as the sole condition under review was a requirement to reduce the height of the building from six storeys to five.

[23] As scaled by Ms Plakidis in plans she tabled for the adjoining development at the hearing.