All of the above must be to the satisfaction of the Responsible Authority. Once approved these plans and documents become the endorsed plans of the permit.

1. The layout and operation of the site and the size, design and location of the buildings and works permitted must always accord with the endorsed plans and documents, and must not be altered or modified without the further written consent of the Responsible Authority.
2. The uses as approved, must not commence until all of the buildings and works and landscaping hereby approved are completed to the satisfaction of the Responsible Authority.
3. Notwithstanding signage that can be displayed as of right or as approved by a planning permit, any transparent glazing at facades of the ground floor, and Level 1 must be retained, to the satisfaction of the Responsible Authority.
4. The communal areas, including the gardens, swimming pool, and recreational areas must be available for use by all residents and employees of the particular building.
5. This Planning Permit does not and should not be taken as authorizing the occupation of or carrying out of works upon or over land or airspace not under the ownership or control of the permit holder. The permit holder must satisfy itself that it holds the permissions or interests necessary to carry out the use and/or development.

1. For green walls and above ground containerised planting, include:
   • (a) Plans and cross-sections of planting containers, and calculated soil volume per container.
   • (b) Structural engineering report and weight loading allowing for mature plant growth and potential flooding of containers.
   • (c) Irrigation frequency and delivery method.
   • (d) Drainage of planting containers.
   • (e) Substrate: suitability for species selection in relation to nutrients and irrigation requirements.
   • (f) Mulch type, depth and weight.
   • (g) Anchoring of all containers and containerised plants above ground level to resist high winds.
   • (h) Microclimate and effect on plant health.
   • (i) Maintenance procedures, including access for staff and equipment, and safety/anchoring measures required to access landscaping above ground level.

All of the above must be to the satisfaction of the Responsible Authority.

Once approved these plans become the endorsed plans of this permit.

1. Prior to the commencement of the development, a Landscaping Maintenance Plan, prepared by a suitably qualified consultant, must be submitted to the Responsible Authority. The landscaping maintenance plan must include, but is not limited to:
   • (a) Details in relation to the transportation of substrates and proposed species for all proposed garden or landscaping areas.
   • (b) Irrigation system for street trees and street level garden beds, including details of frequency and water delivery method.
   • (c) Irrigation system/program for all common property landscaping and containerised plantings, including details of frequency and water delivery method.
   • (d) Details of the ongoing maintenance procedures to ensure that the green walls remain healthy and well maintained to the satisfaction of the Responsible Authority. This must include:
     1. Irrigation frequency and delivery method.
     2. Drainage.
     3. Maintenance frequency and procedures including how access will be achieved to the green wall, including scaffolding and/or access and parking location of a scissor lift or cherry picker or other access method as required.
   • (e) Details of the ongoing maintenance procedures to ensure that the garden areas remain healthy and well maintained to the satisfaction of the Responsible Authority. This must include:
     1. Irrigation frequency and delivery method;
     2. Drainage;
     3. Pruning and mulching.

All of the above must be to the satisfaction of the Responsible Authority.

Once approved these plans become the endorsed plans of this permit.

1. The garden and recreation areas shown on the endorsed plan and schedule must only be used as garden and recreational areas and must be maintained in a proper, healthy and orderly condition at all times to the satisfaction of the Responsible Authority. Should any tree or plant be removed or destroyed it must be replaced by a similar tree or plant of similar size and variety. Landscaping in accordance with the approved plan and schedule shall be completed before the building is occupied.
2. Prior to the occupation of the approved building, the road reserve between the subject site and the kerb along the Prospect Street must be constructed and laid out in accordance with the endorsed plans to the satisfaction of the Responsible Authority. The design and materials must be consistent with the Box Hill Urban Landscape Design Guidelines Urban Core Treatment, to the satisfaction of the Responsible Authority.
3. No street tree may be removed without the prior written consent of the Responsible Authority.

1. The recommendations of the Wind Impact Assessment, prepared by Vipac Engineers and Scientists dated 24 January 2017 must be implemented such that:
   • (a) There is no cost to the Responsible Authority.
   • (b) There is no reliance on the provision of street trees for wind mitigation.
   • (c) There is no reliance on the provision of vertical baffles on public land, except where all appropriate approvals have been obtained from all relevant authorities and land managers and approval also granted by the Responsible Authority.
   • (d) Consent and the appropriate approvals must be obtained from Whitehorse City Council for all wind amelioration features that protrude into or over council owned or managed land, including the road reserve.

1. The development must provide the capacity for television signal distribution to each dwelling and any satellite dish, antenna or similar structure must be designed and located at a single point to the satisfaction of the Responsible Authority.
2. All building plant and equipment on the roofs, balcony areas, common areas, 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, telecommunication facilities, air-conditions, equipment, ducts, flues, all exhausts including car parking and communication equipment must include appropriate screening measures to the satisfaction of the Responsible Authority.
3. 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.
4. Mail boxes are to be accessible for deliveries between the hours of 6am to 6pm Monday to Friday.

1. Prior to the commencement of any buildings or demolition works, an amended Sustainability Management Plan (SMP) must be submitted to and approved by the Responsible Authority. This SMP must be generally in accordance with the SMP submitted with the application, but amended to include the following changes:
   1. A STORM Rating Report with a score of at least 100% or equivalent including the number and size of rainwater tanks.
   2. A complete, published BESS Report, with an overall score that achieves a minimum score of 50% and meets the 'pass' marks in the categories of Water, Energy Stormwater and IEQ (indoor environment quality).
   3. Include a preliminary sample set of NatHERS scores as per Guide to NatHERS Sample Sizes - see http://bit.ly/NatHERS-sampleset.
   4. Control car park ventilation with CO sensors.
   5. Control car park lighting (at least 75% of lighting fixtures) with motion sensors.
   6. Commit to controlling all service & lift area lighting with occupancy sensors.
   7. Commit to control common, service & lift area ventilation with occupancy sensors.
   8. Commit to diverting at least 80% of construction/demolition waste from landfill.
   9. Connect the rainwater tanks to all irrigation and bin area wash-down.

The requirements and outcomes of the SMP must be demonstrated on the plans and elevations submitted for endorsement.

Once submitted to and approved by the Responsible Authority, the SMP will form part of the documents endorsed as part of this permit.

The requirements of the SMP must be implemented by the building manager, owners and occupiers of the site for the duration of the building's operation in accordance with this permit, to the satisfaction of the Responsible Authority.

1. Prior to the occupation of the building approved under this permit, a report from the author of the SMP, 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 SMP have been implemented in accordance with the approved plan.
2. All works must be undertaken in accordance with the endorsed SMP to the satisfaction of the Responsible Authority, and the approved uses and building must operate in accordance with this Plan, to the satisfaction of the Responsible Authority. No alterations to the SMP may occur without the prior written consent of the Responsible Authority.

1. Prior to the commencement of the development, a Lighting Strategy must be prepared to the satisfaction of the Responsible Authority. The Lighting Strategy must provide details of proposed lighting of Prospect Street, and Fairbank Lane, and must be prepared in accordance with the Safer Design Guidelines for Victoria, Department of Sustainability and Environment, June 2005, to the satisfaction of the Responsible Authority.

All external lights must be of a limited intensity and must ensure no unreasonable nuisance is caused to surrounding road network, adjoining properties or nearby residents.

This lighting must be maintained and operated for the life of the building to the satisfaction of the Responsible Authority.

Car Parking and Traffic

1. The car parking areas and accessways as shown on the endorsed plans shall be formed to such levels so that they may be used in accordance with the plan, and shall be properly constructed, surfaced, drained and line-marked (where applicable) to the satisfaction of the Responsible Authority.
2. The car park and driveways shall be maintained to the satisfaction of the Responsible Authority.
3. The nature strip must be reinstated where any existing vehicle crossover is redundant, to the satisfaction of the Responsible Authority.
4. Prior to the commencement of buildings or works on the land, a Parking Management Plan, detailing how car and bicycle parking areas, accessways and loading bays will be allocated and managed, must be submitted to and approved by Council.

This plan is to be to the satisfaction of the Responsible Authority and must include, but is not limited to, the following:

(a) Provision of a minimum of 187 car parking spaces.

(b) Allocation of spaces generally in accordance with the Traffic Impact Assessment by Traffix Group dated November 2016.

(c) Allocation of all parking spaces (except short term, visitor and accessible spaces) to individual dwellings and tenancies and commercial uses. Each space within any tandem parking bays must be allocated to the same unit/ commercial tenancy.

(d) Details of accessible (disabled) or motorcycle parking spaces to be nominated within the basement car parking areas.

(e) Details of the signing and line marking of parking spaces.

(f) Details of how access to the proposed parking spaces will be secured for residential and visitor use.

(g) Detail any access controls to the parking area, such as boom gates which shall take into account the required queue length required as per section 3.4 of AS2890.1.

(h) Pedestrian access and movement within the car parking areas, including strategies to minimize the potential for conflict between pedestrians and vehicles. This may include line marking such as hatched shared areas, directional signs and/or physical barriers.

(i) Allocation of bicycle spaces to tenancies and visitors.

(j) Provision of some of the bicycle parking hoops in front of the entrances to the retail areas, and gymnasium.

(k) Locations and details of bicycle parking signs in accordance with Clause 52.34-5.

(l) Line marking of car parking spaces.

(m) Details of how access to car spaces, accessible (disabled) car spaces and bicycle spaces will be achieved by visitors (i.e. an intercom) and how parking will be secured.

(n) Signage for car and bicycle parking spaces.

(o) Details of the car share scheme.

(p) Details of how access to the waste collection area will be achieved by waste collection vehicles (i.e. an intercom) and how these will be secured.

(q) How the car park will be managed to ensure that all vehicles exit the site in a forwards direction.

(r) Details of signage or alternative measures to ensure that waste vehicles exit the site in a forwards direction.

(s) STOP/ GIVE WAY Controls are to be provided at cross intersections within the car park, particularly at intersections with ramps where there is no control.

(t) Centre lines to be provided along curved sections of the access ramp to guide motorists and keep vehicles to the left of the ramp.

Once submitted to and approved by the Responsible Authority the Parking Management Plan will form part of the documents endorsed as part of this permit.

1. The proposed ramp grade from the property line is to be a maximum of 1:10 for the first 5 metres as required by Clause 52.06-8 of the Whitehorse Planning Scheme, and appropriately transition beyond this in accordance with AS2890.1, and/or 2890.2 for commercial vehicles.

1. Prior to the commencement of any buildings or works, evidence of what implementation measures are required as contained within the Green Travel Plan, prepared by Frater and dated 26 May 2017, and how they are to be implemented must be provided to the satisfaction of the Responsible Authority. .

Once submitted to and approved by the Responsible Authority, the Green Travel Plan will form part of the documents endorsed as part of this permit.

The requirements of this plan must be implemented by the building manager, owners and occupiers of the site for the duration of the building's operation in accordance with this permit, to the satisfaction of the Responsible Authority.

Waste Management Plan

1. Prior to the commencement of buildings and works, the Waste Management Plan prepared by Leigh Design and dated 21 November 2016, must be amended and submitted for approval to the satisfaction of the Responsible Authority. The Waste Management Plan must include:
   • (a) The collection vehicle must exit the development onto Fairbank Lane in an easterly direction.
   • (b) Allocation of space for:
     1. Bin lifting equipment.
     2. Show details/ locations to house this equipment.
     3. Bin washing facilities with details/ locations/ area to house this equipment.
     4. Balers for cardboard and soft plastic.
     5. Electronic waste disposal.
     6. Details of how these materials will be stored/ removed from the site.
     7. Liquid waste and charitable materials. Reference to how these materials will be handled from within the development.
   • (c) The waste configuration of the development amended to implement the above waste components/ facilities to match the scale of the development and the variety of tenancies.

The requirements and outcomes of the Waste Management Plan must be demonstrated on the plans and elevations submitted for endorsement.

Once submitted to and approved by the Responsible Authority, the Waste Management Plan will form part of the documents endorsed as part of this permit.

The requirements of the Waste Management Plan must be implemented by the building manager, owners and occupiers of the site for the duration of the building's operation in accordance with this permit, to the satisfaction of the Responsible Authority.

Construction Management Plan

1. Prior to the commencement of buildings and works on the land, a Construction Management Plan (CMP), detailing how the owner will manage the environmental and construction issues associated with the development, must be submitted to and approved by Council.

The Construction Management Plan must be prepared and managed by a suitably qualified person who is experienced in preparing Construction Management Plans.

This plan is to be to the satisfaction of the Responsible Authority and must be prepared in accordance with the City of Whitehorse Construction Management Plan Guidelines.

The CMP must address; any demolition, bulk excavation, management of the construction site, land disturbance, hours of construction, noise, control of dust, public safety, traffic management, construction vehicle road routes, soiling and cleaning of roadways, discharge of any polluted water, security fencing, disposal of site waste and any potentially contaminated materials, location of site offices, redirection of any above or underground services, and site security lighting.

The CMP must include suitable washing facilities are to be provided and utilized on site for the cleaning of all construction vehicles prior to them exiting the designated property so as to prevent any grease, oil, mud, clay or other substances to fall or run off a vehicle onto a road, or into any drain under the road.

Once submitted to and approved by the Responsible Authority the Construction Management Plan will form part of the documents endorsed as part of this planning permit.

When approved the Construction Management Plan will form part of this permit and must be complied with, to the satisfaction of the Responsible Authority, to the extent that this is in 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 Construction Management Plan.

Alterations/ Reinstatement of Assets

1. The developer/ contractor will be required to submit a Report regarding any pre-existing damage to Council assets (Dilapidation Report), prior to the Asset Protection Permit being issued and the Protection Work Notice is signed off (if required). Please note that this Report will have to show all of the Council assets adjoining to the property boundary, and will be based on the approved access routes, pending on the approved Traffic Management Plan.
2. If any works are to be undertaken in the road reserve related to the project, the applicant is required to obtain the Consent to Undertake Works in the Road Reserve (Road Opening Permit) for any new, altered or deleted vehicle crossing, water or drain tapping or other opening within a road reserve or laneway. Please note that this is a separate process to the Asset Protection Permit.
3. If any damage to Council trees occurs during the building works, full amenity of the trees will be charged to the applicant. If any trees have to be removed as a part of this project, amenity value of the trees has to be paid in full to the Council Parks Wide Department prior to the commencement of works.

1. Council's existing stormwater pipe and pits within Fairbank Lane must be protected at all times. Any proposal to alter the Council drainage assets in any way must be submitted to Council for approval and if approved by Council be undertaken at the expense of the applicant.
2. All stormwater drains must be connected to a point of discharge to the satisfaction of the Responsible Authority.
3. Stormwater connection to the nominated point of discharge and stormwater on-site detention (if required) must be completed and approved to the satisfaction of the Responsible Authority prior to the occupation of the buildings.
4. Detailed civil plans and computations for stormwater on-site detention (if required) and connection to the legal point of discharge must be prepared by a registered consulting engineer (who is listed on the Engineers Australia National Professional Engineer Register) and submitted for approval by the Responsible Authority prior to the commencement of any works. Dual certification by a registered consulting engineer (who is listed on the Engineers Australia National Professional Engineer Register) for design of the on-site detention must be provided to Council prior to the approval of the civil plan.
5. As constructed civil drawings that are computer drafted are to be provided to Council after the completion of civil works prior to the occupation of the building.
6. Stormwater that could adversely affect any adjacent land shall not be discharged from the subject site onto the surface of the adjacent land.
7. The Applicant/ Owner shall be responsible to meet all costs associated with reinstatement and/or alterations to Council or other Public Authority assets deemed necessary by such Authorities as a result of the development. The Applicant/ Owner shall be responsible to obtain an "Asset Protection Permit" from Council at least 7 days prior to the commencement of any works on the land and obtain prior specific written approval for any works involving the alteration of Council and other Public Authority assets.
8. Any damage to the carriageway easement area that forms part of Fairbank Lane shall be made good by the owner to the satisfaction of the responsible authority prior to the occupation of any part of the development.
9. Any obstructions within the right of carriageway and/or laneway must permit vehicles and/or articulated vehicles to travel unimpeded safely through the rear laneway.

1. The amenity of the area shall not be detrimentally affected by the uses or development allowed by this Permit through:
   • (a) Transportation 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.

To the satisfaction of the Responsible Authority.

1. The development and use of the site must not cause nuisance or be detrimental to the amenity of the neighbourhood by the emission of noise. In this regard the emission of noise must comply with the provisions of the Environment Protection Act 1970 (as amended) and the policies of the Environment Protection Authority.
2. The commercial use and development of the site shall be so ordered and maintained so it will not prejudicially affect the amenity of the locality by reason of appearance to the satisfaction of the Responsible Authority.
3. All external lights associated with the commercial use and development of the site allow by this Permit must be of a limited intensity to ensure no adjoining or nearby residents and must be provided with appropriate baffles, so that no direct light or glare is emitted outside the site to the satisfaction of the Responsible Authority.

1. The deliveries to the commercial tenancies must occur between the following hours:
   • (a) 7:00am to 10:00pm Monday to Saturday
   • (b) 9:00am to 10:00pm Sundays and Public Holidays

Unless with the further written consent of the Responsible Authority.

Glazing

1. Glazing materials used on all external walls must be of a type that does not reflect more than 20% of visible light when measured at an angle of 90 degrees to the glass surface, to the satisfaction of the Responsible Authority.

1. 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.

1. Prior to the occupation of the development, a Signage Strategy shall be submitted to and approved by the Responsible Authority. The strategy shall include details on signage 'zones' and typology on the building facades including maximum dimensions for future signage planning applications. Details are to include wayfinding and business identification signage.

1. Prior to the commencement of development, excluding demolition, bulk excavation and site preparation works, a detailed report on the compliance with disability access shall be undertaken to the satisfaction of the Responsible Authority.

1. Prior to any works, design plans and specifications of the civil works within the site associated with the development are to be prepared by a registered consulting engineer (who is listed on the Engineers Australia National Professional Engineer Register), and submitted to the Responsible Authority. Certification by the consulting engineer that the civil works have been completed in accordance with the design plans and specifications must be provided to the Responsible Authority.
2. Prior to the commencement of any works the owner of the land shall enter into an agreement with the City of Whitehorse which will indemnify Council against any loss or damage it may incur as a result of any proposed buildings and works constructed on or over Council owned land.

1. Prior to the commencement of the development, excluding demolition, bulk excavation and site preparation works a report generally in accordance with that prepared by Acoustic Logic must be submitted to and be to the satisfaction of the Responsible Authority documenting acoustic mitigation measures to be implemented in the building to achieve compliance with the Australian Standards.
2. Prior to the occupation of the development, a letter of confirmation from a suitably qualified Acoustic Consultant must be submitted for approval by the Responsible Authority to certify that the development is designed and constructed in accordance with the Acoustic Treatment Plan to ensure that noise measured in the proposed dwellings and existing residential dwellings surrounding the subject site does not exceed the levels set out under the Australian Standard.

1. This permit will expire if one of the following circumstances applies:
   • (a) The development is not commenced within three (3) years from the date of issue of this permit;
   • (b) The development is not completed within seven (7) years from the date of this permit.

The Responsible Authority may extend the periods referred to if a request is made in writing in accordance with Section 69 of the Planning and Environment Act 1987.

Schedule of Decision Plans (as advertised) 34-36 Prospect Street, Box Hill VCAT Ref No P2830/2017

[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.