1. Before the development commences, three copies of 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 this permit. The plans must be generally in accordance with the plans but modified to show:

(a) Compliance with standard B29 of clause 55 for unit 1 including the relocation of the internal boundary fence and the removal of the first floor study as well as other suitable changes that may include reduced room sizes or minor modifications to the first floor front setback if necessary to achieve full compliance.

(b) Any substantial tree in accordance with the Significant Landscape Overlay Schedule 1 definition and where building or works are proposed within five metres of its base are notated on the plans.

(c) Dimension all paths and hard surfaces around buildings;

(d) Dimension the setback of built form from all property boundaries on all levels;

(e) Splay the western boundary fence to a maximum height of 0.9 metres at the front property boundary;

(f) Dimension each accessway to be 3.0 metres wide;

(g) Dimension the head height clearance within the garage entrance points to be a minimum 2.1 metres;

(h) Pedestrian doors to swing away from the internal car spaces;

(i) Pedestrian visibility splays demonstrated, dimensioned and annotated to be met in accordance with Clause 52.06-9 of the Nillumbik Planning Scheme;

(j) Dimension all objects within the pedestrian visibility splays to be no greater than 900mm in height;

(k) Annotate all permeable surfaces in accordance with Clause 55.03-4 (Permeability) of the Nillumbik Planning Scheme;

(l) Annotate and demonstrate screening methods to a height of 1.7 metres above Finished Floor Level in accordance with Clause 55.04-6 (Overlooking) and Clause 55.04-7 (Internal Views) of the Nillumbik Planning Scheme;

(m) The provision of external storage for each dwelling with a minimum volume of 6 cubic metres in accordance with Clause 55.05-6 (Storage) of the Nillumbik Planning Scheme and ensuring there is no encumbrance to internal vehicle spaces;

(n) A comprehensive schedule of construction materials, external finishes and colours (including colour swatches) and including non-reflective types, earthy muted tones and natural building materials and finishes in muted tones.

(o) Relocation of retaining walls, clotheslines, etc to accord with the endorsed landscape plan.

1. The development as shown on the endorsed plans must not be altered unless with the prior written consent of the Responsible Authority.
2. The construction materials and external finishes must be of, to the satisfaction of the responsible authority.

1. Before the development commences, three copies of a 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 this permit. The landscaping plan must be generally in accordance with the landscape concept plan Issue D dated September 2024 prepared by Habitat. The plan must show:

(a) A survey of all existing vegetation and natural features;

(b) The area or areas set aside for landscaping;

(c) A schedule of all proposed trees, shrubs/small trees and ground cover. This schedule shall include a mixture of exotic plants and plants selected from the Council document 'Live Local Plant Local' showing the botanical and common name of each plant, the quantity to be planted, the pot size and spacing;

(d) The location of each species to be planted and the location of all areas to be covered by grass, lawn or other surface material;

(e) A review of the extent to which climbers are required on fences if lilly pilly species are planted;

(f) Paving, retaining walls, fence design details and other landscape works including areas of cut and fill;

(g) Appropriate irrigation systems;

(h) The provision of canopy trees throughout the development as appropriate, including in the front setback area of the proposed buildings.

1. Before the development starts, including demolition or removal of vegetation, a Tree Protection Plan and Tree Management Plan must be submitted to and be endorsed by the Responsible Authority. The Tree Management and Protection Plan must be specific to all retained trees. The Tree Management and Protection Plan must be in accordance with AS4970-2009, prepared by a suitably qualified arborist and provide details of tree protection measures that will be utilised to ensure all trees to be protected remain viable post-construction. The Tree Protection and Management Plan must consist of:

(a) The Tree Protection Plan (drawing) and must be drawn to scale, appropriately notated and reference the Tree Management Plan (report) and provide details of:

1. The Tree Protection Zone (TPZ) and Structural Root Zone (SRZ), calculated in accordance with AS4970-2009, for all trees to be protected on site or neighbouring properties where the Tree Protection Zone falls partially within the subject site.
2. Tree protection fencing, or ground protection where required, provided in accordance with AS4970-2009.
3. Any other specific measures such as site access points or material storage areas as required in the Tree Management Plan (report).

(b) The Tree Management plan (report) must be prepared by a suitably qualified arborist, reference the Tree Protection Plan (drawing) and provide details of:

1. Proposed footings and construction methods for any buildings or structures (including but not limited to, driveways, paths retaining walls or other hard infrastructure) within the Tree Protection Zones (TPZs) nominated on the Tree Protection Plan.
2. How excavation impacts, including soil level changes, within the TPZ of trees to be retained will be managed or minimised.
3. Stages of development at which inspections are required to ensure tree protection measures are adhered to must be specified.
4. Appropriate methods of certification by a suitably qualified Arborist of the required tree protection measures during the development including details of site visits, actions and photographic evidence.
5. Appropriate signage on any tree protection fencing.
6. Ongoing maintenance during construction of the tree protection measures.
7. Any pruning to be undertaken being in accordance with AS4373-2007-Pruning of Amenity Trees.
8. How the canopy of trees nominated on the Tree Protection Plan will be protected or managed; and
9. Any other measures required to demonstrate the successful ongoing retention and viability post-construction of any trees nominated on the Tree Protection Plan.

(c) Unless otherwise agreed in writing by the Responsible Authority all protection measures identified in the Tree Management and Protection Plan must be implemented and maintained in effective condition until completion of works, and development works undertaken on the land must be undertaken in accordance with the Tree Management and Protection Plan, to the satisfaction of the Responsible Authority.

(d) Before the development approved by this permit commences, including demolition or removal of vegetation, the name and contact details of the Project Arborist responsible for implementing the Tree Management Plan must be submitted to the Responsible Authority or included on the Tree Management and Protection Plan.

(e) Before the development approved by this permit commences, including demolition or removal of vegetation, the Project Arborist must submit to the Responsible Authority a signed statement verifying that the Tree Protection Requirements outlined in the Tree Management and Protection Plan as approved under this planning permit have been correctly installed in accordance the plan to the satisfaction of the Responsible Authority. The verification must include photographs of the relevant requirements, including fencing, signage, and any other measures as outlined in the plan to the satisfaction of the Responsible Authority. This statement must be approved by the Responsible Authority prior to any works commencing on site.

1. Once tree protection fencing is erected to the required standard, the fencing shall be maintained in good condition and may only be removed upon completion of all development works, to the satisfaction of the Responsible Authority.
2. The following actions must not be undertaken in any tree protection zone as identified in this permit, to the satisfaction of the Responsible Authority:

(a) Materials or equipment stored within the zone;

(b) Servicing and refuelling of equipment and vehicles;

(c) Storage of fuel, oil dumps or chemicals;

(d) Attachment of any device to any tree (including temporary service wires, nails, screws or any other fixing device);

(e) Open cut trenching or excavation works (whether or not for laying of services);

(f) Changes to the soil grade level;

(g) Temporary buildings and works; and

(h) Unauthorised entry by any person, vehicle or machinery.

1. Unless with the prior written consent of the Responsible Authority, before the occupation of the development, the landscaping works shown on the endorsed plans must be carried out, completed and maintained to the satisfaction of the Responsible Authority.

1. Stormwater must not be discharged from the subject land other than by means of an underground pipe drain to the nominated point of stormwater discharge. The nominated point of stormwater discharge is Council underground drainage system.
2. Vehicular access and egress to each dwelling from the roadway must be by way of a vehicle crossing constructed / upgraded to the requirements of the Responsible Authority, to suit the proposed driveway and the vehicles that will use the crossing. The Responsible Authority must approve the location, design and construction of the crossing. Any existing unused crossing must be removed and the disturbed area reinstated to the satisfaction of the Responsible Authority. All vehicle crossing works are to be carried out with Council supervision under an Infrastructure Works Permit.
3. The width of the driveway at property boundary must match the width of the vehicle crossing.
4. The vehicle crossing must comply to "Vehicle Crossing Policy" Version 1.0 January 2013 and to Standard Drawing (NS3000, NS3010, NS3020, NS3021 or NS3030 and NS3031) unless written approval has been granted from Council's Infrastructure Unit.
5. Vehicle crossing near other services assets may require permission from the relevant authority.
6. Before the occupation of the development, the area(s) set aside for the parking of vehicles and access lanes as shown on the endorsed plans 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 or treated to the satisfaction of the Responsible Authority to prevent dust and gravel being emitted from the site;

(d) Drained and maintained;

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

(f) Clearly marked to show the direction of traffic along access lanes and driveways;

to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways must be kept available for these purposes at all times, to the satisfaction of the Responsible Authority.

1. No polluted stormwater, effluent and/or sediment laden runoff from the development site is to be discharged directly or indirectly into Council's drains, Melbourne Water's drains or watercourses or adjoining private property during any stage of the construction. In this regard, sediment fencing and/or pollution/litter traps must be installed on site and serviced accordingly, all to the satisfaction of the Responsible Authority.
2. The vehicular driveway must be properly formed and constructed meeting the ramp grades specified in the Nillumbik Planning Scheme and to such levels to ensure that it can be utilised at all times. Appropriate transitions with a maximum change in grade of 1 in 8 should be provided to enable access by all types of vehicles. The driveway must be drained, constructed in concrete, asphalt or similar surface and maintained in a continuously useable condition. All works are to be carried out to the satisfaction of the Responsible Authority.
3. Stormwater from the driveway must be collected using 225mm wide trench-grates across the driveway at property boundary where it meets road reserve and connected to the on-site detention device.

A minimum pipe diameter of 225mm must be used for all underground drains, within the internal drainage system underneath the driveway.

1. Drainage of the development must be 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 issue date of this permit.

(b) The development is not completed within four (4) years of the issue 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] Percentages taken from page 11 of Council's submission.

[2] Page 12 of Council's submission identifies building and works within five metres of trees 11, 10, 7, 5 and 4.

[3] The submissions and evidence of the parties, the supporting exhibits given at the hearing and the additional material and submissions filed after the hearing with the Tribunal's leave 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.

[5] Council again refers to clause 02.03-1.

[6] A 'seriously entertained planning proposal' is the term often used to describe a planning scheme amendment that is nearing the end of its processing including having been adopted by the relevant Council and submitted to the Minister for Planning for approval.

[7] Page 12 of Council's submission identifies building and works within five metres of trees 11, 10, 7, 5 and 4.