To construct a building or construct or carry out works in the Design and Development Overlay Schedule 11.

To construct fences with interfaces with Burwood Highway and Cavill Court in the Design and Development Overlay Schedule 11.

1. Before the development starts, amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. Once approved, the plans will be endorsed and will then form part of the permit. The plans must be in a digital format, drawn to scale, with dimensions, and be generally in accordance with the application plans (Project no. 23063, Drawings TP000, TP001, TP020, TP030, TP098, TP099, TP100, TP101, TP102, TP103, TP104, TP105, TP110, TP150, TP151, TP152, TP153, TP202, TP300, TP301, TP350, TP351, TP352, TP353, TP354, TP355 and TP400, all Revision B, dated 5 July 2025, prepared by Parallel Workshop Pty Ltd) but modified to show:

(a) Any screening measures to balconies of apartments 2.06 and 2.07 necessary to demonstrate no direct views into the secluded private open space of 2 and 2A Cavill Court to the south. This must be achieved using a fixed, angled fin and / or fixed shelf to prevent downward views to the SPOS of 2 and 2A Cavill Court, but if this is not practical or effective then fixed louvers may be used.

(b) The south-facing bedroom window of Apartment 2.05 dimensioned to have fixed, obscure glazing to 1.7 metres above the finished floor level.

(c) Annotation that all external habitable room windows are doubled glazed for noise attenuation.

(d) Functional layout plans to be updated to show all requirements in accordance with Standard D18 in clause 58 of the Whitehorse Planning Scheme.

(e) Convex Mirrors within the basement to be clearly identified and annotated at all blind spots within the vehicle basement areas.

(f) The easements on both basement plans to be clearly identified and annotated, distinguishing it from the rest of the plans.

(g) Location of stormwater pipe and pits to be annotated on the plans.

(h) Easement lines to be clearly identified on the elevations.

(i) Annotation on the basement and ground floor plans stating that no excavations and/or fill within the easement during construction.

(j) Annotate finished surface levels and natural ground levels of the secluded private open space areas and garden areas along the south and east boundaries as shown on VCAT Sketch, Sheet No. VSK100, Revision A, dated 18/08/2025.

(k) Annotate corrected height and details of the south boundary fence as shown on VCAT Sketch, Sheet No. VSK800, Revision A, dated 19/08/2025.

(l) Shift the communal rooftop terrace to the north so the southern edge of the outdoor communal area extends no further south than the north side of the lift core.

(m) A planter box in each of the secluded private open space of apartments G.06, G.07 and G.08 to achieve a minimum volume of 12 cubic metres, with minimum dimension of 2.5 metres and minimum depth of 800mm, to be capable of supporting a medium-sized indigenous canopy tree capable of growing to a mature height of between 12 metres and 15 metres. This may require modifications of the basement (such as bulkhead above bonnet) as necessary to minimise impact on the function of the terraces.

(n) Front fencing to Cavill Court to be visually permeable style.

(o) Cutouts along the street edge to Cavill Court by modifying front fence location and create garden beds at-grade with footpath level to support shrubs.

(p) A clear-glazed window in the northern living room wall of apartment G.04.

1. The layout of the site and the size, design and location of the buildings and works permitted must always accord with the endorsed plans and must not be altered or modified without the further written consent of the responsible authority.
2. The garden areas shown on the endorsed plan must only be used as gardens and must be maintained in a proper, tidy and healthy condition to the satisfaction of the responsible authority. Should any tree or shrub be removed or destroyed it may be required to be replaced by a tree or shrub of similar size and variety.

1. Concurrent with the submission of plans required by Condition 1, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. The plan must be drawn to scale with dimensions. When approved the plan will be endorsed and will form part of the permit.

The landscape plan must be generally in accordance with the landscape concept plan appended to the evidence statement of Stephen Schutt, Hansen Partnership Pty Ltd, dated August 2025 in VCAT proceeding P258/2025 (Project No. 20705L, Drawing titles 'Landscape Concept Plan', 'Planting Schedule' and 'Landscape Specification', Revision 'For VCAT hearing', dated 2 July 2025, prepared by Ratio Consultants Pty Ltd), but amended to show:

(a) Any modifications required by Condition 1.

(b) A planter box in each of the secluded private open space of apartments G.06, G.07 and G.08 to achieve a minimum volume of 12 cubic metres, with minimum dimension of 2.5 metres and minimum depth of 800mm, to be capable of supporting a medium-sized indigenous canopy tree capable of growing to a mature height of between 12 metres and 15 metres.

(c) Alternate shrub species along south boundary with a maximum height of 4.0 metres at maturity and evergreen, upright, and density / spacing to be consistent with the landscape concept plan appended to the evidence statement of Stephen Schutt, Hansen Partnership Pty Ltd, dated August 2025 in VCAT proceeding P258/2025 (Project No. 20705L, Drawing titles 'Landscape Concept Plan', 'Planting Schedule' and 'Landscape Specification', Revision 'For VCAT hearing', dated 2 July 2025, prepared by Ratio Consultants Pty Ltd). Advanced species at minimum height of 1.5m at time of planting.

(d) Cutouts along the street edge to Cavill Court by modifying front fence location and creating garden beds at-grade with footpath level to support shrub planting.

1. Landscaping as shown on the endorsed landscape plan/s must be carried out and completed to the satisfaction of the responsible authority prior to the occupation of the development.

1. All landscaping works shown on the endorsed landscape plan/s must be maintained and any dead, diseased or damaged plants replaced, all to the satisfaction of the responsible authority.

1. Concurrent with the submission of plans required by Condition 1, a Landscaping Maintenance Plan to the satisfaction of the responsible authority, prepared by a suitably qualified consultant, must be submitted to and approved by the responsible authority. Once approved the Landscaping Maintenance Plan will be endorsed and will form part of the permit. The Landscaping Maintenance Plan must include, but is not limited to:

(a) Irrigation system/program for all common property landscaping and containerised plantings, including details of frequency and water delivery method.

1. The requirements of the approved Landscaping Maintenance Plan must be implemented by the building manager, owners and occupiers of the site for the life of the building, to the satisfaction of the responsible authority.

1. Before the development, including demolition, commences, a Tree Protection Zone (TPZ) must be established and maintained during and until completion of all buildings and works including landscaping, around the following trees (as identified in the Arborist Report submitted with the application, dated April 2024, prepared by Kylie May, John Patrick Landscape Architects Pty Ltd) in accordance with the distances and measures specified below, to the satisfaction of the responsible authority:

(a) Tree Protection Zone distances:

1. Tree 1 - 8.0 metre radius from the centre of the tree base.
2. Tree 2 - 3.0 metre radius from the centre of the tree base.
3. Tree 3 - 5.6 metre radius from the centre of the tree base.
4. Tree 17 - 3.4 metre radius from the centre of the tree base.

(b) Tree Protection Zone measures are to be established in accordance with Australian Standard 4970-2009 and including the following:

1. Erection of solid chain mesh or similar type fencing at a minimum height of 1.8 metres in height held in place with concrete feet.
2. Signage placed around the outer edge of the perimeter fencing identifying the area as a TPZ. The signage should be visible from within the development, with the lettering complying with AS 1319.
3. Mulch across the surface of the TPZ to a depth of 100mm and undertake supplementary watering in summer months as required.
4. No excavation, construction works or activities, grade changes, surface treatments or storage of materials of any kind are permitted within the TPZ unless otherwise approved within this permit or further approved in writing by the responsible authority.
5. All supports and bracing should be outside the TPZ and any excavation for supports, or bracing should avoid damaging roots where possible.
6. No trenching is allowed within the TPZ for the installation of utility services unless tree sensitive installation methods such as boring have been approved by the responsible authority.
7. Where construction is approved within the TPZ, fencing and mulching should be placed at the outer point of the construction area.
8. Where there are approved works within the TPZ, it may only be reduced to the required amount by an authorised person only during approved construction within the TPZ and must be restored in accordance with the above requirements at all other times.

(c) be removed once all buildings and works have been completed.

1. All building plant and equipment on the roofs, terrace areas, common areas and public thoroughfares are to be concealed to the satisfaction of the responsible authority. The construction of any additional plant, machinery or other equipment, including but not limited to all service structures down pipes, aerials, satellite dishes, air-conditioners, equipment, ducts, flues, all exhausts including car parking and communication equipment must include appropriate screening measures to the satisfaction of the responsible authority.
2. All mechanical exhaust systems for the car park hereby approved must be located and sound attenuated to prevent noise and general nuisance to the occupants of the surrounding properties, to the satisfaction of the responsible authority.
3. All pipes, fixtures, fittings and building services servicing any building on the land must be concealed in service ducts or otherwise hidden from view to the satisfaction of the responsible authority.
4. Car parking areas and accessways as shown on the endorsed plans must be formed to such levels so that they may be used in accordance with the plan, and must be properly constructed, surfaced, drained and line-marked (where applicable) to the satisfaction of the responsible authority.
5. Car parking areas and driveways must be maintained to the satisfaction of the responsible authority.
6. The nature strip must be reinstated where any existing vehicle crossover is redundant, at no cost and to the satisfaction of the responsible authority.
7. Except with the prior written consent of the responsible authority, council assets must not be altered in any way.
8. All buildings and works must be maintained in good order and appearance to the satisfaction of the responsible authority.
9. Existing street trees must not be removed or damaged except with the written consent of the responsible authority.

1. Concurrent with the submission of plans required by Condition 1, an amended Waste Management Plan to the satisfaction of the responsible authority must be submitted to, and be approved by, the responsible authority. When approved, the Waste Management Plan will be endorsed and will then form part of the permit. The Waste Management Plan must be generally in accordance with the Waste Management Plan submitted with the application (Waste Management Plan, File 504A, Revision C, dated 5 April 2024, prepared by Northern Environmental Design Pty Ltd) but amended to show:

(a) Waste collection vehicles to enter and leave the site in a forward direction, as demonstrated by swept path diagrams.

1. All waste collection must be undertaken in accordance with the approved Waste Management Plan to the satisfaction of the responsible authority.

Sustainability Management Plan and Water Sensitive Urban Design Report

1. Concurrent with the submission of plans required by Condition 1, a Sustainability Management Plan and Water Sensitive Urban Design Report to the satisfaction of the responsible authority must be submitted to, and be approved by, the responsible authority. When approved, the Sustainability Management Plan and Water Sensitive Urban Design Report will be endorsed and will then form part of the permit. The Sustainability Management Plan and Water Sensitive Urban Design Report must be generally in accordance with the Water Sensitive Urban Design Report submitted with the application (Water Sensitive Urban Design Report, File 504A, Revision D, dated 23 July 2024, prepared by Northern Environmental Design Pty Ltd).
2. Before the development is occupied, the development must be constructed in accordance with the approved Sustainability Management Plan and Water Sensitive Urban Design Report to the satisfaction of the responsible authority.
3. The requirements of the approved Sustainability Management Plan and Water Sensitive Urban Design Report must be implemented and maintained to the satisfaction of the responsible authority.

1. Prior to the commencement of any site works, including demolition or bulk excavation if applicable, a detailed Construction Management Plan(s) (CMP), to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the CMP will be endorsed and will form part of this permit and must be implemented to the satisfaction of the responsible authority. This CMP must be prepared by a suitably qualified person and be in accordance with the City of Whitehorse Construction Management Plan Guidelines.

When approved, the CMP will be endorsed and will form part of this permit and must be complied with, to the satisfaction of the responsible authority, to the extent that this is under the control of the owner of the land. The owner of the land is to be responsible for all costs associated with the works to be undertaken in accordance with the requirements of the approved CMP.

1. All stormwater drains and on-site detention systems are to be connected to the legal point of discharge to the satisfaction of the responsible authority prior to the occupation of the building/s. The requirement for on-site detention will be noted in your stormwater point of discharge report, or it might be required as part of the civil plans approval.
2. Detailed stormwater drainage and/or civil design for the proposed development are to be prepared by a suitably qualified civil engineer and submitted to the responsible authority for approval prior to occupation of the development. Plans and calculations are to be submitted with the application with all levels to Australian Height Datum (AHD). All documentation is to be signed by the qualified civil engineer.
3. Stormwater that could adversely affect any adjacent land must not be discharged from the subject site onto the surface of the adjacent land. Civil plans must demonstrate that the low corner of the site (North-East side) is adequately drained to the satisfaction of the responsible authority.
4. Before the development commences, design plans to the satisfaction of the responsible authority for all proposed engineering works external to the site must be submitted to and approved by the responsible authority.
5. The Applicant/Owner is responsible for paying all costs associated with reinstatement and/or alterations to Council or other Public Authority assets as a result of the development. The Applicant/Owner is responsible to obtain all relevant permits and consents from Council at least seven days prior to the commencement of any works on the land and is to obtain prior specific written approval for any works involving the alteration of Council or other Public Authority assets. Adequate protection is to be provided to Council's infrastructure prior to works commencing and during the construction process.
6. The qualified civil engineer when undertaking civil design must ensure that the landscape plan/s and drainage plan/s are compatible. The stormwater drainage and on-site detention system must be located outside the tree protection zone of any trees to be retained.
7. Kerb and channeling must be retained to the satisfaction of the responsible authority. Any reconstruction should be to the satisfaction of the responsible authority.
8. All building plant and equipment on the roofs, balcony areas, common areas, and public thoroughfares is to be concealed to the satisfaction of the responsible authority. Noise emitting plant equipment such as air conditioners must be shielded with acoustic screening to prevent the transmission of noise having detrimental amenity impacts. The construction of any additional plant, machinery or other equipment, including but not limited to all service structures, down pipes, aerials, satellite dishes, air-conditioners, equipment, ducts, flues, all exhausts including car parking and communication equipment must include appropriate screening measures to the satisfaction of the responsible authority.
9. All mechanical exhaust systems for the car park hereby approved must be located and sound attenuated to prevent noise and general nuisance to the occupants of the surrounding properties, to the satisfaction of the responsible authority.
10. 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.

1. A Development Infrastructure Levy in accordance with the approved Development Contributions Plan which applies to the land must be paid to Whitehorse City Council as the Collecting Agency not more than 21 days prior to, the grant of a building permit under the Building Act 1993 (Vic) or the commencement of development of any buildings and works associated with the permitted development, whichever occurs first; or the Owner must enter into an agreement with Whitehorse City Council as the Collecting Agency to pay the Development Infrastructure Levy within a time specified in the agreement.
2. A Community Infrastructure Levy must be paid to Whitehorse City Council as the Collecting Agency in accordance with the approved Development Contribution Plan which applies to the land prior to the issue of a building permit under the Building Act 1993 (Vic); or the Owner must enter into an agreement with Whitehorse City Council as the Collecting Agency to pay the Community Infrastructure Levy within a time specified in the agreement.

1. Any new dwelling allowed by this permit must not be connected to a reticulated gas service (within the meaning of clause 53.03 of the relevant planning scheme). This condition continues to have force and effect after the development authorised by this permit has been completed.

1. This permit will expire if one of the following circumstances applies:

(a) the development is not commenced within two (2) years from the date of issue of this permit;

(b) the development is not completed within four (4) years from the date of this permit.

The responsible authority may extend the periods referred to if a request is made in writing pursuant to the provisions of s 69 of the Planning and Environment Act 1987 (Vic).

[1] 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.

[2] The parties did not articulate a question of law or question of mixed fact and law they wished to be determined. We are not Australian lawyers or judicial members. To the extent that this raises a question of law or a question of mixed fact and law, pursuant to cl 66 of Schedule 1 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) no party present at the hearing disagreed with Member Byrne, in her capacity as the presiding member in this proceeding, determining the question of law.

[3] Clause 15.01-4S Healthy neighbourhoods and cl 16.01-1R Housing supply - Metropolitan Melbourne.

[5] Clause 16.01-1L Housing change; Objectives.

[6] Clause 16.01-1L Housing change; General strategies.

[8] Clause 11.01-1S Settlement; Strategies.

[10] Table 1 - Metropolitan Melbourne Housing Targets, cl 16.01-1S Housing supply.

[11] Clause 02.04 Plan 2: Housing Framework Plan.

[12] Clause 16.01-1L Substantial Change Areas strategies.

[13] Clause 1.0, Design objectives, DDO11.

[15] We note that post-VC267, this objective remains unchanged but is now found at cl 55.04-3.

[17] Such as at clause 16.01-1L, which seeks to 'encourage medium and higher density housing, in the form of... flats and apartments' in substantial change areas.