1. Before the use and development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to, and approved by, the Responsible Authority. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans as amended by the Tribunal and incorporating the further amendments proposed by Mr. McGurn to the Tribunal, including further amendments to the basement plan as proposed by the permit applicant subsequently:
   • TP1(VCAT-1) - as further modified to include various matters including the speed hump, this drawing accompanying Best Hooper's letter to the Tribunal dated 14th July 2009
   • TP2 (VCAT-1)
   • TP3 (VCAT-1)
   • TP4 (VCAT-1)
   • TP5 (VCAT-1)
   • TP6 (VCAT)
   • TP7 (VCAT-1)
   • TP8 (VCAT), TP9 (VCAT), TP13 (VCAT), 14 (VCAT)[7].

and prepared by Manard Design) but modified to show:

(a) All site services for all dwellings and the offices within the building detailed on the plans. Services must be sited and, where appropriate, screened and/or baffled in such a way that they will not impact on the amenity of adjoining dwellings both on the subject site and adjoining properties.

(b) Details of any services or plant proposed to be located on the roof must be detailed on the plans. The services/ plant must be centrally located and screened so as to be concealed or have minimal visibility from the street and adjoining properties.

(c) Location and height of a single communal antenna for the apartment building, sufficient to service the needs of future occupants.

(d) Provision of appropriate documentation regarding the management of the storage of garbage and recycling for the apartment building in accordance with Condition No. 18 of this Permit.

(e) A comprehensive schedule of construction materials, external finishes and colours (including colour samples). External treatments/surfaces must be of types that have low levels of reflectivity.

(f) Any amendments required as a result of Condition No. 5 of this Permit (Acoustic Assessment).

(g) A Landscape Plan in accordance with Condition No.7 of this Permit.

(h) Modifications in accordance with the Sustainable Design Statement (refer to Condition No. 6 of this Permit).

(i) Notations on basement plan TP1 to show 8 visitor spaces and associated access arrangements.

(j) Basement ramp width increased and ramp grade modified in accordance with Vic Roads requirements.

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

1. The layout of the development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.
2. This Permit will expire if:
   • The development does not start within three (3) years from the date of this Permit; or
   • The development is not completed or the use does not start within five (5) years of the date of this Permit.

The Responsible Authority may extend the times referred to if a request is made in writing before this Permit expires or within three (3) months after the expiry date.

1. Prior to the issue of a building permit for any building or any works authorised by this permit, a development levy must be paid to Darebin City Council. The amount of the development levy for each charge unit must be calculated in accordance with Schedule 1 to the Development Contribution Plan Overlay.
2. Before development starts, an Acoustic Assessment of the development, to the satisfaction of the Responsible Authority, must be submitted to the Responsible Authority. The assessment must be prepared by a suitably qualified acoustic engineer and must detail any required modifications/treatments of the development and/or the adoption of appropriate measures to ensure that noise emissions associated with the operation of surrounding non-residential uses do not impact adversely on the amenity of the dwellings.

The development must be constructed in accordance with the recommendations of the Acoustic Assessment to the satisfaction of the Responsible Authority.

1. Before the development starts, a Sustainable Design Statement detailing sustainable design strategies to be incorporated into the development to the satisfaction of the Responsible Authority must be submitted to, and approved in writing by the Responsible Authority. The sustainable design statement must outline proposed sustainable design initiatives within the development such as (but not limited to) energy efficiency, water conservation, stormwater quality, waste management and material selection.

The development must be constructed in accordance with the requirements/ recommendations of the Sustainable Design Statement to the satisfaction of the Responsible Authority.

1. Before buildings and works start, 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 be endorsed and will then form part of this Permit. The Landscape Plan must be prepared by a suitably qualified person and must incorporate:
   • (a) details of all existing trees to be retained and all existing trees to be removed, including overhanging trees on adjoining properties. The genus, species, height and spread of all trees must be specified;
   • (b) a planting schedule of proposed vegetation detailing the botanical name, common name, size at maturity and quantities of all plants;
   • (c) details of all surfaces including lawns, mulched garden beds and hard paving (such as asphalt, concrete, brick or gravel);
   • (d) street trees within the nature strip/s adjacent to the property;
   • (e) all constructed items including retaining walls, letter boxes, garbage bin receptacles, outdoor furniture, lighting, clotheslines etc;
   • (f) edge treatment between grass (lawn) and garden beds;
   • (g) an outline of the approved building/s including any basement, the location of entry doors, windows, gates and fences. An outline of buildings on adjoining land, including the location of windows and doors which face the subject site must also be shown;
   • (h) the location of both existing and proposed overhead and underground services. Conflicts of such services with the existing and proposed planting must be avoided;
   • (i) clear graphics identifying trees (deciduous and evergreen), shrubs, groundcovers and climbers; and
   • (j) a scale, North Point and appropriate legend.

The species of all proposed plants selected must be to the satisfaction of the Responsible Authority.

1. The landscaping as shown on the endorsed Landscape Plan must be completed to the satisfaction of the Responsible Authority before the development is occupied and/or the use starts or at such later date as is approved by the Responsible Authority in writing.

No later than seven (7) days after the completion of the landscaping, the permit holder must advise Council, in writing, that the landscaping has been completed.

1. The landscaping as shown on the endorsed Landscape Plan must be maintained, and any dead, diseased or damaged plant replaced in accordance with the endorsed Landscape Plan to the satisfaction of the Responsible Authority.
2. Floor levels shown on the endorsed plans must be confirmed. The confirmation of the ground floor level must take place no later than at the time of the inspection of the subfloor of the development required under the Building Act 1993 and the Building Regulations 1994. This confirmation must be in the form of a report from a licensed land surveyor and must be submitted to the Responsible Authority no later than 7 days from the date of the sub-floor inspection. The upper floor levels must be confirmed before a Certificate of Occupancy is issued, by a report from a licensed land surveyor submitted to the Responsible Authority.
3. Before the dwellings are occupied, an automatic external /internal lighting system capable of illuminating the entry to each unit, access to each garage and/or car parking space and all pedestrian walkways must be provided on the land to the satisfaction of the Responsible Authority.

The external lighting must be designed, baffled and/or located to ensure that no loss of amenity is caused to adjoining and nearby land, to the satisfaction of the Responsible Authority.

1. The land must be drained to the satisfaction of the Responsible Authority.
2. With the exception of guttering, rainheads and downpipes, all pipes, fixtures, fittings and vents servicing any building on the land must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority.
3. No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted on or above the roof level of the building/s without the prior written consent of the Responsible Authority.
4. Before the development is occupied, 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; and
   • (d) drained;

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

1. Before the development is occupied, vehicular crossing(s) must be constructed to align with approved driveways to the satisfaction of the Responsible Authority. All redundant crossing(s) or crossing opening(s) must be removed and replaced with footpath, naturestrip and kerb and channel to the satisfaction of the Responsible Authority.
2. Boundary walls, where facing adjoining properties and not concealed by adjoining boundary walls must be cleaned and finished to the satisfaction of the Responsible Authority.
3. Before the development starts, a plan (and, if appropriate, other associated documentation) to the satisfaction of the Responsible Authority, demonstrating the operation of the garbage and recyclables storage area must be submitted to the satisfaction of the Responsible Authority.

The plan/documentation must demonstrate the means by which garbage and recyclables will be stored on the site and must require that collection be undertaken by a private contractor. Garbage and recyclables storage and collection must be undertaken in accordance with the approved plan/documentation to the satisfaction of the Responsible Authority.

1. The waste storage/collection area must not be used for any other purpose and must be maintained in a clean and tidy condition, and free from offensive odour, to the satisfaction of the Responsible Authority.

1. The finished floor level of the ground floor of the building must be constructed a minimum of 300mm above the applicable flood level.

Prior to the issue of a Certificate of Occupancy, a certified survey plan, showing finished floor levels (as constructed) reduced to the Australian Height datum, must be submitted to Melbourne Water to demonstrate that the floor levels have been constructed in accordance with Melbourne Water's requirements.

1. The entry/exit driveway of the basement car park must incorporate a flood proof apex of a minimum of 300mm above the applicable flood level.
2. All doors, windows, vents and openings to the basement car park must be a minimum of 300mm above the applicable flood level.
3. No polluted and/or sediment laden runoff is to be discharged directly or indirectly into Melbourne Water's drains or watercourses.

1. At no cost to VicRoads and to the satisfaction of the Responsible Authority, the crossover to Bell Street shall be constructed with a minimum carriageway width of 5.7 m at the property line, flared to 60 degrees with 3m radial turnouts and 1.0m clearance from any fixed object.
2. A full-width speed control device (speed hump) is to be installed inside the site boundary, together with a mirror to allow exiting drivers to sight pedestrians approaching from the east before reaching the property boundary or other devices to safeguard pedestrians, to the satisfaction of the Responsible Authority. Any permanent structures within the sight triangle to the west shall be a maximum height of 1.0m or visually permeable to allow for pedestrian sight lines.
3. To the satisfaction of the Responsible Authority, the driveway surface shall incorporate a skid resistance surface.
4. To the satisfaction of the Responsible Authority, linemarking works shall be carried out to mark the divided driveway, for a distance of 6.0m into the property from the property boundary.
5. All works associated with the development must be performed at no cost to, and to the satisfaction of, VicRoads and Responsible Authority.
6. Work site traffic management practices must be in accordance with the Australian Standards AS 1742.3-2002 Manual of uniform traffic control devices - Part 3: Traffic control devices for works on roads.
7. A traffic management plan is required to be submitted to VicRoads for consent at least 14 days prior to the commencement of any works on the road reserve.

[1] Interestingly, I noted that Figure 3.7 - Structure Plan - Preferred Future Character of Preston Central of this document that is referenced in a seriously considered planning scheme amendment, contains a serious error. The colour 'overlay' that illustrates the precincts and their preferred character has been offset from the map base by a scaled distance of about 100 metres to the east so that, for example, the railway alignment falls along Mary Street.

[2] I was advised that the adopted version of these provisions has not been altered from the exhibited version insofar as they are relevant to Precinct P and this site.

[3] My understanding is that, because each of the sub-sections of this provision start with the words "sites located ...", each criterion stands by itself; that is, a suitable site is one that satisfies any one criterion.

[4] There was some discussion at the hearing about how this policy is to be interpreted. It seems to me inappropriate that high front fences should be precluded along a street with the high traffic volumes of Bell Street; the requirement for "development to have the appearance of a single dwelling at first glance where possible" seems to me to require an unnecessarily subjective judgement, leaving aside the uncharacteristic nature of three-storey dwellings in this locality. Furthermore, the usual technique of setting back the top floor (whether it is a third or a fourth level) is unlikely to significantly reduce the visibility of that level in a street as wide as Bell Street.

[5] VPP Practice Note: Incorporated and Reference Documents

[6] Given the above Practice Note's advice, it is not clear why Council has only designated the Preston Structure Plan as a reference, rather than an incorporated, document.