1. The layout of the uses on the endorsed plan must not be altered without the written consent of the Responsible Authority.
2. The layout of the land, the size and type of the approved development, including the materials of construction, on the endorsed plans must not be altered or modified without the written consent of the Responsible Authority.
3. Prior to the commencement of the use, the physical measures and temporary fencing depicted on the plans must be installed to prevent the intrusion of vehicles beyond the defined area of the contractors depot or into any areas of vegetation, to the satisfaction of the responsible authority.

1. The materials and colours of the exterior finish of the approved development must be in accordance with the endorsed plans unless with the further permission of the Responsible Authority.

1. Staff vehicles, commercial vehicles, construction machinery and other vehicles making deliveries must enter or leave the subject land only between the hours of 7.00 am and 5.30 pm Monday to Friday, except with the written consent of the Responsible Authority.
2. Not more than 3 contractors may be present on the land at any one time.
3. All commercial vehicles and construction machinery must be stored within the approved building at all times. Additionally, any other equipment, materials or goods used in conjunction with the contractors business must be stored within the area of the site delineated for the contractors depot. It must not be stored or allowed to remain on any part of the nominated area that is visible to the public from adjoining properties or roadways.

1. The "Permissible Noise Levels" as established in accordance with the State Environment Protection Policy No. N-1 must not be exceeded.

1. The access to the subject land and all vehicular areas used for the contractors depot and to access the approved structure must be graded, drained, compacted and surfaced to the satisfaction of the responsible authority. The works must be undertaken within three months of the grant of the permit and maintained thereafter.

1. All disturbed surfaces on the land resulting from the development must be revegetated and stabilised to the satisfaction of the Responsible Authority.

1. The maintenance of all buildings, external storage and loading areas, parking areas, landscaping and the general surrounds as shown on the endorsed plans must be carried out so that the site is kept neat, tidy and clean at all times to the satisfaction of the responsible authority.
2. Repairs and maintenance of vehicles, equipment and construction machinery must not be carried out other than on vehicles, equipment or machinery normally parked and/or stored on land. Panel beating is not allowed.
3. Maintenance work on vehicles and construction machinery and refuelling of vehicles must only take place between the hours of 7.00 am and 5.00 pm Monday to Friday.
4. The washing down of vehicles or equipment stored must not be conducted on the subject site.

1. The use of the land must not detrimentally affect the amenity of the area, including through the:
   • (a) transport of materials, goods or commodities to or from the land;
   • (b) appearance of any building, works or materials;
   • (c) emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil;
   • (d) presence of vermin; or
   • (e) in any other way.
2. The surface of the car park and access areas must be treated to the satisfaction of the Responsible Authority to prevent dust causing loss of amenity to adjoining and nearby properties and the neighbourhood.

1. This permit will expire if the use has not commenced and the development is not completed within two years of the 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] This use of the land would be by a friend of the owner, but unrelated to the residential use of the site which is intended to continue.

[2] The submissions and evidence of the parties, any supporting exhibits given at the hearing and the statements of grounds filed 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.

[3] Details about the machinery, vehicles and equipment to be stored and the manner of operation of the use were outlined in page 4 of the submissions on behalf of the permit applicant. These have been retained on the Tribunal's file for the record.

[4] Various decisions were referred to by the parties at the hearing, including Ansand Pty Ltd v Kingston CC No. 2 [2009] VCAT 2506.

[5] [2014] VCAT 1273.

[6] It is not clear whether this is because of a lack of space or a lack of manoeuvrability of this equipment into a roofed area.