VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
planning and environment LIST	vcat reference No. P1586/2022
Permit Application no.WH/2021/1117 	
CATCHWORDS	
Section 77 Planning and Environment Act 1987 (Vic); Whitehorse Planning Scheme; General Residential Zone Schedule 1; Significant Landscape Overlay Schedule 9; second dwelling on a lot; neighbourhood character, carparking; overlooking; tree removal.	

Applicant	Kenneth Crichton	

Responsible Authority	Whitehorse City Council	
RespondentS	Damian Montesano & Fiona Montesano	

SUBJECT LAND	81 Barter Crescent
FOREST HILL VIC 3131	

HEARING TYPE	Hearing	

DATE OF HEARING	10 October 2023	

DATE OF ORDER	4 December 2023	

CITATION	Crichton v Whitehorse CC [2023] VCAT 1340	

Order
Joinder of party
1	Pursuant to section 60 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic), the following person is joined as a joint party to the proceeding as part of the statement of grounds lodged by Damian Montesano:
Fiona Montesano
Permit granted
2	In application P1586/2022 the decision of the responsible authority is set aside.
3	In planning permit application WH/2021/1117 a permit is granted and directed to be issued for the land at 81 Barter Crescent Forest Hill VIC 3131 in accordance with the endorsed plans and the conditions set out in Appendix A.  The permit allows:
•	Extension to an existing dwelling on a lot under clause 32.08-6
•	Construction of a second dwelling on a lot under clause 32.08-6
•	Carrying out building and works under clause 42.03-2 within 4 metres of vegetation specified for protection in Schedule 9
•	Removal of vegetation under clause 42.03-2 specified for protection in Schedule 9

Nick Wimbush
Member			

Appearances
For applicant	Kenneth Crichton	
For responsible authority	Louise Lunn, Town Planner, Louise Lunn Planning	
For respondents	Damian & Fiona Montesano	

Information
Description of proposal	A four bedroom two storey home to be constructed at the rear of an existing dwelling including the removal of a tree.  An ensuite will be added to the northern side of the existing dwelling.	
Nature of proceeding	Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit. 	
Planning scheme	Whitehorse Planning Scheme	
Zone and overlays	General Residential Zone Schedule 1 (‘GRZ1’) Clause 32.08
Significant Landscape Overlay Schedule 9 (‘SLO9’) Clause 42.03	
Permit requirements	Clause 32.08-6 – Extension to an existing dwelling on a lot
Clause 32.08-6 – Construction of a second dwelling on a lot
Clause 42.03-2 – Carrying out building and works within 4 metres of vegetation specified for protection in Schedule 9
Clause 42.03-2 – Removal of vegetation specified for protection in Schedule 9	
Relevant scheme policies	Clause 11.02, 15.01-1S, 16.01, 21.06, 22.03, 22.04	
Land description	The site is 621.17 square metres in size with a frontage to Barter Crescent of 16.06 metres and a depth of 38.65 metres.  It is generally flat with an existing dwelling towards Barter Crescent.  There is an existing carport to the front of the dwelling and another carport on the southern boundary adjacent to the existing dwelling. Two separate driveways via a single wide crossover access the carports, with the driveway on the boundary continuing to a garage at the rear.  Vegetation on the site includes a number of canopy trees, a lawn area at rear and various landscaped garden beds.	
Tribunal inspection	Unaccompanied on 30 October 2023	

Reasons
What is this proceeding about?
1	Kenneth Crichton (‘the applicant’) seeks to construct a second dwelling (‘dwelling 2’) to the rear of an existing house (‘dwelling 1’) at 81 Barter Crescent in Forest Hill.  As part of the proposal an ensuite extension on the north side of dwelling 1 is also proposed.  Ground and first floor plans are shown in Figures 1 and 2.
2	Dwelling 2 will contain living and dining areas and a guest bedroom and ensuite on the ground floor and three bedrooms, two bathrooms (one ensuite) and a retreat on the first floor.
3	No external referrals were required. The application was notified in early 2022 following revisions and an objection received from the respondents who raised the following issues, in summary:
•	Overlooking
•	Site coverage
•	Noise
•	Visual bulk
4	Whitehorse City Council (‘Council’) resolved to refuse the application on 9 October 2022 on the following grounds, in summary:
•	Neighbourhood character concerns regarding the excessive accessway, crossover and hard paving.
•	Non compliance with a number of clause 55 standards related to neighbourhood character, residential policy, integration with the street, safety and design detail.
•	Issues around carport size and safe access to dwelling 2.

Figure 1 Extract from Sheet A-1 ground floor (dwelling 1 to right of image)

Figure 2 Extract from sheet A-2 dwelling 2 first floor
Procedural issue
Extension of existing dwelling
5	If the extension to the existing dwelling was undertaken prior to the construction of the new dwelling, it appears it would not require a planning permit under the zone controls.  Clause 32.08-6 requires a planning permit to:
•	Extend a dwelling if there are two or more dwellings on the lot.
6	Council’s delegate report included the planning permission for the extension being sought, and this was in the original application, but its submission to the hearing only identified the need for a permit for the second dwelling.
7	For the avoidance of doubt, I have included the extension permission in this decision.
What are the key issues?
8	The construction of a second dwelling on this lot in the GRZ 1 of itself is not a controversial prospect; Council acknowledged as much in their submission. There are many policies in the Whitehorse Planning Scheme (‘planning scheme’) that support an increase in residential density and diversity in existing urban areas, with appropriate planning and consideration of the Whitehorse environment.  
9	The zone itself includes purposes to encourage development that respects neighbourhood character and to encourage diversity of housing types and housing growth in certain locations with good access to services and transport.
10	Having reviewed the application and submissions and visited the site and surrounds I consider the key issues to be determined are:
•	Is the proposal an acceptable response to neighbourhood character?
•	Does the proposal meet the objectives and standards of clause 55?
•	Is the approach to parking and access acceptable?
•	Is the removal of vegetation protected under the SLO9 acceptable?
11	In making my decision I must consider the controls in the planning scheme that trigger the requirements for planning permission and then assess the application against the relevant decision guidelines.  To guide me in this task I must draw upon the relevant planning policy to make my decision in accordance with clause 71.02-3 Integrated Decision Making.  This requires a balancing exercise to ensure the decision is made in the interests of net community benefit.
12	Importantly the planning scheme does not require a ‘perfect’ outcome but rather an acceptable planning outcome in the context of relevant policy.  In this case I consider what is essentially a modest infill proposal will provide an additional dwelling in an established well serviced area.  
13	The planning scheme does not mandate additional dwellings at any cost, but for this proposal I am satisfied that the planning policy balance is in favour of the application.  It will contribute to the preferred neighbourhood character of the area in terms of retaining canopy trees and providing additional canopy trees where one is lost.  
14	Issues of detail relating to impacts on neighbours can be addressed though permit conditions. A permit should issue and my reasons follow.
is the proposal an acceptable response to neighbourhood character?
15	The GRZ1 purposes include:
To encourage development that respects the neighbourhood character of the area.
16	The decision guidelines in the head clause of the GRZ call up compliance with the objectives and standards of clause 55.  Clause 55 is considered in more detail later in this decision but in relation to neighbourhood character clause 55.02-1 has the following objectives which then translate into similar standards (B1):
To ensure that the design respects the existing neighbourhood character or contributes to a preferred neighbourhood character.
To ensure that development responds to the features of the site and the surrounding area.
17	Decision guidelines in the GRZ1 schedule are:
•	Whether the proposal provides for an appropriate built form transition to residential properties in the Neighbourhood Residential Zone.
•	Whether the vegetation in the street setback will contribute to the preferred neighbourhood character and the public realm.
•	Whether there is sufficient permeable space that is not encumbered by an easement to enable the planting of canopy trees.
•	Development should provide for the retention and/or planting of trees, where these are part of the character of the neighbourhood.
18	Clause 21.06 Housing identifies that the site is in a Natural Change area with the following description:
Natural Change areas allow for modest housing growth and a variety of housing types provided they achieve the preferred future neighbourhood character as identified in Clause 22.03 – Residential Development.
19	Clause 21.06-3 has the following objectives for Natural Change Areas:
•	Support increased housing choice by allowing for a diversity of dwelling types, sizes and tenures.
•	Ensure new development contributes to the preferred neighbourhood character of the precinct.
•	Encourage new development applications to include landscape guidelines that show how the enhancement or retention of existing vegetation where possible will be achieved, at the outset of the design process.
20	In clause 22.03 the site is identified as being in the Garden Suburban Precinct 6 with the preferred character statement:
The modest, pitched roof dwellings will sit within well-established garden settings and will not dominate the streetscape due to consistent siting patterns and substantial planting. The rhythm of dwelling separation will appear regular from the street, even with buildings occasionally built to one side boundary. The streets will have a spacious and leafy feel, which is complemented by tall trees in the public and private realm, visible front lawn areas due to the frequent lack of or low front fencing and grass nature strips.
21	Dwelling 1 is being retained and the proposed dwelling 2 will sit behind to the east as shown in Figure 3.  From the street the whole will appear as a single two storey built form with the upper storey of dwelling 2 being set back approximately 20 metres from Barter Crescent.  While single storey detached dwellings are predominant in the area, there are existing examples of two storey development on the street and in the area.

Figure 3 West elevation (Barter Crescent) with dwelling 2 behind existing dwelling 1
22	The form of dwelling 2, while two storeys, is consistent with dwelling 1 and other dwellings in the street with similar hipped roof form, extensive eaves, and brick walls (on the ground floor, rendered board above), and similar proposed window styling.  The roof is proposed as Colourbond rather than tiles but in context this will not present as a significant difference with the colour of both being dark grey.
23	The retention of the two canopy trees in the frontage will arguably be the most important element of the proposal as this will assist in retaining the desired ‘spacious and leafy feel’ sought in the preferred character statement.  The higher built form of dwelling 2 will be glimpsed through these canopy trees, rather than in a stark open setting.  Over time the canopy trees to be planted in the open space for dwelling 1 and dwelling 2 will also contribute to the desired character.  
24	The widening of the crossover and two driveways from the street while not necessarily supportive of the preferred character are already approved and constructed.  The driveways past the crossover are somewhat softened by the grassed central spines and the green space between the two driveways as shown in Figure 4 later in this decision.
25	Recent developments in the area were identified by the applicant, some in the side by side format (two dwellings on a lot) with extensive paved crossovers to the street and demonstrating less of the leafy and spacious preferred character.  Having viewed some of these from the public domain I consider the neighbourhood character outcome that should be achieved in this application is much more in keeping with the desired future neighbourhood character outcomes than some other recent examples.
26	Overall I consider the proposal will provide an acceptable planning response when viewed in the context of the preferred neighbourhood character in the street and area.
other issues
Does the proposal meet the objectives and standards of clause 55?
27	It was common ground between the applicant and Council that the proposal has a high level of compliance with the relevant standards in clause 55 including overall height.  
28	Council identified the following clause 55 standards varied in the GRZ schedule 1:
•	Minimum street setback B6 – Complies as existing dwelling being retained.
•	Site coverage of 50% - B8 – 40.32% site coverage is proposed so complies.
•	Permeability of 30% - B9 – 41.81% of site to be permeable so complies.
•	Landscaping – B13 – Two trees are to be retained within the front setback of dwelling 1 and a canopy tree is proposed within the secluded private open space (‘SPOS’) of the existing and proposed dwellings so complies subject to conditions.
•	Walls on boundaries - B18 – No walls on boundaries proposed so complies.
•	Private open space - B28 – complies.
•	Front fence B32 – a sleeper retaining wall is to be retained along the Barter Crescent frontage so complies.
29	The respondents were concerned about overlooking from dwelling 2 into the SPOS at the rear of their property. There is potential overlooking into the respondents and other neighbour’s properties from first floor windows of the retreat, bedroom 2, bedroom 1 and the master bedroom.  The overlooking diagrams (Plan A-6) shows potential for overlooking from the upper level window in bedroom 2 into the respondents property. 
30	These are issues that I am satisfied can be addressed through permit conditions to meet the requirements of clause 55 (standard B22) and ensure that there is not unacceptable overlooking of neighbours from dwelling 2.
31	The respondents expressed disappointment that a two storey built form is being constructed near their rear boundary, and they bought into the area for its single storey character.  I note the concerns but am satisfied that the amenity consideration such as setbacks and overlooking have been addressed to the level required in the planning scheme.  The two storey built form is articulated with significant first floor setbacks so will not present as a sheer wall.  Over time the canopy tree in the SPOS in dwelling 2 will further soften the proposal when viewed from the respondent’s property.
32	Overall, I am satisfied that the relevant objectives and standards of clause 55 are either satisfied or can be addressed through conditions.
Is the approach to parking and access acceptable?
33	The existing crossover to the site is shown in Figure 4.  The left-hand driveway will access the existing carport in front of dwelling 1.  The right-hand and driveway will access dwelling 2.  I understand the carport on the right-hand driveway will be removed as it is not shown on the plans, although this is not entirely clear, and the existing garage at the rear will be upgraded as part of the development of dwelling 2.

Figure 4 Crossovers to site
34	Council was concerned that the parking for dwelling 2 may conflict with dwelling 1 and that there is insufficient room at the end of the driveway for dwelling 2 for vehicles to manoeuvre and exit in a forward direction as required in clause 52.06-9:
•	If the accessway serves four or more car spaces or connects to a road in a Transport Zone 2 or Transport Zone 3, the accessway must be designed so that car can exist the site in a forward direction.
35	As can be seen in Figure 4, it is clear that the driveways are not proposed as common driveways.  While the crossover may present as a single element, the driveway servicing dwelling 2 will only have traffic for dwelling 2.  As the driveway will only service two car spaces (in the garage and one behind) and the driveway does not connect to a road in the relevant transport zones, the requirement for forward exit is not relevant. 
36	Council’s engineers identified that exiting the garage of dwelling 2 would require ‘complex multiple manoeuvres’, but this again is only if the vehicle is required to turn to exit forwards.  As discussed above I do not think a forward exit is required, but the resident may choose to undertake the multiple manoeuvres if they desire a forward exit. 
37	Council also expressed concern about the dimensions of the existing carport for dwelling 1, including the intrusion of entry steps into dwelling 1 into the car space in the north east corner.  They submitted that the dimensions are ‘well less’ than that prescribed by clause 52.06-9.  This may be so, but it appears to be a workable solution given that the carport is already in existence and being used.
38	I understand there is some contention about the dwelling 1 carport which has been constructed in the past few years and whether it has, or needs, permissions such as a building permit.  Whatever the facts of that matter, I don’t believe that planning permission for the carport to dwelling 1 is being sought as part of this application. The plans only show the ensuite extension on the north side of dwelling 1 as a new element for which permission is sought. 
39	As single driveways servicing single dwellings, I consider the access and parking arrangements for dwelling 1 and dwelling 2 acceptable planning outcomes.
Is the removal of vegetation protected under the SLO9 acceptable?
40	The landscape character objectives under SLO9 are:
To retain and enhance the canopy tree cover of the Garden and Bush Suburban Neighbourhood Character Areas.
To encourage the retention of established and mature trees.
To provide for the planting of new and replacement canopy trees.
To ensure that development is compatible with the landscape character of the area.
41	Three trees are proposed to be removed, of which only one, Tree 4 (Sweetgum – Liquidambar styraciflua) triggers a permit under the SLO9.  The arborist report indicated that Tree 4 is of moderate retention value.
42	The decision guidelines under SLO9 require consideration of, among other things, the significance of the tree and its role in contributing to neighbourhood character and landscape and its contribution to habitat.  The decision guidelines also require consideration of existing trees to be retained and the impact on root zones. 
43	A number of trees exist on the neighbouring properties near the site boundary.  The arborist report suggests that these can be protected by existing structures proposed to be retained on the site.  For example, it recommends retaining the existing driveway to the proposed dwelling to protect any extant roots from number 83 Barter Crescent.
44	The Landscape Plan (A-8) proposes two new canopy trees in the open space along the northern boundary in addition to other landscaping (one in the dwelling 1 open space and one in dwelling 2 open space as can be seen on Figure 1).  The two existing canopy trees in the site frontage will be retained.
45	The retention of existing canopy trees in the site frontage will ensure that the overall landscape character of the property within the street will be retained.  Over time the replacement canopy trees for the one lost will be an acceptable outcome.  The one tree to be removed is of moderate significance but somewhat inboard of the northern boundary and thus difficult to retain while still constructing dwelling 2. Overall I am satisfied that the proposal provides an acceptable response to the objectives and decision guidelines of the SLO9.  
46	Protection of the root zones of trees on neighbouring properties is important and I am satisfied this can be achieved via permit conditions.
What conditions are appropriate?
47	Council noted that an air conditioning unit on the driveway to dwelling 2 will need to be relocated to ensure unimpeded access along the driveway.  I have included this in condition 1.
48	Council also submitted that the small window on the side of dwelling 1 along the driveway will need to be upgraded for noise and privacy and I have also included this in condition 1.
49	Other changes to conditions arise from the discussion of particular issues in this decision and they are included in Appendix A.
50	I have made other modifications to selected conditions to provide clarity, consistency in language used and plain English drafting.
Conclusion
51	For the reasons given above, the decision of the responsible authority is set aside.  A permit is granted subject to conditions as shown in Appendix A.

Nick Wimbush
Member			

Appendix A – Permit Conditions

Permit Application No	WH/2021/1117	
Land	81 Barter Crescent
FOREST HILL VIC 3131	

What the permit allowS	
In accordance with the endorsed plans:
•	Extension to an existing dwelling on a lot under clause 32.08-6
•	Construction of a second dwelling on a lot under clause 32.08-6
•	Carrying out building and works under clause 42.03-2 within 4 metres of vegetation specified for protection in Schedule 9
•	Removal of vegetation under clause 42.03-2 specified for protection in Schedule 9	

Conditions
1	Before the development starts, or vegetation is removed, amended plans must be submitted to and approved by the Responsible Authority in a digital format.  When approved, the plans will be endorsed and will then form part of the permit.  The plans must be drawn to scale, with dimensions, and be generally in accordance with the advertised plans A-1 (dated 10/2/22), A-2 (dated 10/2/22), A-3 (dated 10/2/23), A-4 (dated 12/2/22), and A-8 (dated 13/2/22) submitted with the application but modified to show:
(a)	The locations of Tree Protection Zones described in Condition 5, with all nominated trees clearly identified and numbered on both ground floor plan and landscape plan, and the requirements of Conditions 5 and 6 to be annotated on the development and landscape plans.
(b)	A Tree Protection Plan in accordance with condition 6.
(c)	Location, materials and height of all boundary and any internal fences (with a statement as to whether these are existing or proposed).
(d)	Location of the 3,000 litre rainwater tanks for each dwelling.
(e)	The southern facing kitchen window of the existing dwelling must be fitted with double glazing and must include a permanently fixed external screen no more than 25 per cent transparent to at least 1.7 metres above floor level. 
(f)	All upper floor habitable room windows for the second dwelling must include fixed obscure glazing a minimum 1.7 metres above finished floor level to mitigate overlooking.
(g)	Notation on elevation plans indicating that all obscured glazing must be manufactured obscured glass and not applied obscure film.
(h)	Dimensions as follows:
i	Natural ground level and finished ground level (to AHD) clearly nominated on all elevations for the length of the boundaries.
ii	Wall height from natural and finished ground level for each building elevation.
iii	Overall building height from natural and finished ground level. 
iv	A dashed line showing the proposed finished floor levels to AHD. 
v	Dimensions from natural ground level to the proposed finished floor levels.
vi	Boundary fencing height shown as a dotted line across each elevation and dimensioned from natural ground level.
vii	The sill height of any proposed raised sill or highlight windows dimensioned from the relevant floor level. 
(i)	Details of construction materials/colours proposed to be used.
(j)	Stormwater Management Plan in accordance with condition 10.
(k)	Landscape Plan in accordance with Condition 3.
(l)	Relocation of the air conditioner from the southern wall of the existing dwelling to ensure the driveway is clear.
All of the above must be to the satisfaction of the Responsible Authority. Once approved these plans become the endorsed plans of this permit.
2	The layout of the site and the size, design and location of the buildings and works shown on the endorsed plans must not be altered or modified without the further written consent of the Responsible Authority.
3	No building or works must be commenced (and no trees or vegetation are to be removed) until a Landscape Plan prepared by a suitably qualified and experienced person or firm has been submitted to and endorsed by the Responsible Authority.  This plan must be generally in accordance with the advertised plan A-7 (dated 12/2/22) and show:
(a)	The genus, species, common names, TPZs, SRZs and tree numbers for Trees 1, 2, 6, 7 and 9.
(b)	All required changes as per Condition 6.
(c)	Buildings, outbuildings and trees in neighbouring lots that would affect the landscape design.
(d)	Planting within and around the perimeter of the site comprising trees and shrubs capable of:
i	providing a complete garden scheme,
ii	softening the building bulk,
iii	providing some upper canopy for landscape perspective,
iv	minimising the potential of any overlooking between habitable rooms of adjacent dwellings.
(e)	The proposed design features such as paths, paving, lawn and mulch.
(f)	A planting schedule of all proposed vegetation (trees, shrubs and ground covers), which includes botanical names, common names, pot size, mature size and total quantities of each plant.
(g)	Replacement canopy tree planting must be:
i	A minimum setback of three (3) metres from dwellings and 1.5 metres from any boundary fencing.
ii	Annotated as being planted at a minimum height of 1.5 metres.
iii	Within dedicated mulched garden beds clear of all hard surfacing, building structures and other tree canopies.  
iv	Carried out within six (6) months of the completion of the buildings and works for the dwelling, to the satisfaction of the Responsible Authority.
Landscaping in accordance with this approved plan and schedule must be completed before the development is occupied.
4	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.
5	Prior to commencement of any building or demolition works on the land, Tree Protection Zones (TPZs) must be established on the subject site (and nature strip if required) and maintained during, and until completion of, all buildings and works including landscaping, around the following trees in accordance with the distances and measures specified below, to the satisfaction of the Responsible Authority:
(a)	Tree Protection Zone distances:
i	Tree 1 – 4.8 metre radius from the centre of the tree base.
ii	Tree 2 – 4.8 metre radius from the centre of the tree base.
iii	Tree 6 – 4.8 metre radius from the centre of the tree base.
iv	Tree 7 – 2.6 metre radius from the centre of the tree base.
v	Tree 9 – 5.8 metre radius from the centre of the tree base
vi	Tree 14 - 2 metre radius from the centre of the tree base.
vii	Tree 15 – 5.4 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 are to include the following:
i	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. 
ii	Signage placed around the outer edge of perimeter the fencing identifying the area as a TPZ. The signage should be visible from within the development, with the lettering complying with AS 1319. 
iii	Mulch across the surface of the TPZ to a depth of 100 millimetres and undertake/ provide supplementary watering/ irrigation within the TPZ, prior and during any works performed. 
iv	No excavation, constructions 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.
v	All supports and bracing should be outside the TPZ and any excavation for supports or bracing should avoid damaging roots where possible. 
vi	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.
vii	Where construction is approved within the TPZ, fencing and mulching should be placed at the outer point of the construction area.
viii	Where there are approved works within the TPZ, it may only be reduced to the required amount by an authorized person only during approved construction within the TPZ, and must be restored in accordance with the above requirements at all other times.
6	During construction of any buildings, or during other works, the following tree protection requirements are to be adhered to, to the satisfaction of the Responsible Authority:
(a)	A Tree Protection Plan must be submitted to and approved and endorsed by Council prior to the commencement of all buildings and works.  It must be written in accordance with the requirements set out on Page 21, under Section 5.2 Tree Protection Plan in AS4970-2009 Protection of Trees on Development Sites. It must include Tree Protection Zone Fencing Measures.  It must detail how Trees 1, 2, 6, 7 and 9 will be protected Pre-Construction, Construction Stage and Post Construction, and must be to the satisfaction of the Responsible Authority and written by a qualified arborist with a minimum Diploma in Horticulture (Arboriculture).
(b)	The Tree Protection Plan must detail how excavation works within the Tree Protection Zones (TPZ) of trees being retained will be undertaken and how tree roots will be managed, so that the health and stability of trees are not adversely impacted now or into the future.
(c)	The Tree Protection Plan must detail how the driveways proposed within the TPZ of Trees 2 and 9 will be constructed, if the existing driveways are to be replaced, using permeable materials; be constructed above current grade; and be constructed on foundations that maintain appropriate permeability for the tree, to the satisfaction of the Responsible Authority (RA).
(d)	The Tree Protection Plan must detail how any new building foundations within the TPZ of Tree 6 will be constructed using root sensitive techniques (e.g., pier and beam, waffle slab, suspended slab or cantilevered foundations).
(e)	The Tree Protection Plan must detail where services will be located and how they will be installed within the TPZ of Trees 1, 2, 6, 7 and 9 to be located outside of the TPZ, bored under the TPZ, or installed using hydro excavation under the supervision of the Project Arborist.
(f)	Prior to the commencement of any site works, including demolition and excavation, the Responsible Authority must be provided with evidence that a Project Arborist has been engaged as part of the ongoing consultant team to oversee all buildings and works, and to ensure the development does not have a detrimental impact on the ongoing health and stability of the trees to be retained.  The Project Arborist must have a qualification in arboriculture and hold a minimum Diploma in Horticulture (Arboriculture) to be the Project Arborist.
7	Council's Planning Compliance Officer must be advised of the completion of all tree planting required by this permit so that a site inspection can be carried out.  A further inspection will be carried out six (6) months after the completion of the landscaping to ensure that species has been adequately maintained.
8	The development must be provided with external lighting capable of illuminating access to each garage and car parking space.  Lighting must be located, directed and shielded and of limited intensity that no nuisance or loss of amenity is caused to any person within and beyond the site.
9	The existing street tree must not be removed or damaged except with the written consent of the Responsible Authority. 
10	A Stormwater Management Plan must be prepared to the satisfaction of the Responsible Authority including:
(a)	Evidence to demonstrate how the development meets the objectives of Clauses 53.18-5 and 53.18-6.
(b)	How it achieves best practice performance objectives for stormwater quality as contained in the Urban Stormwater - Best Practice Environmental Management Guidelines (Victorian Stormwater Committee, 1999).
(c)	A plan to demonstrate site management measures. All relevant plans must be updated to reflect the measures required by Clause 53.18 – Stormwater Management in Urban Development.
11	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 should be noted in the Stormwater Management Plan and might be required as part of the civil plans approval.
12	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.
13	Stormwater that could adversely affect any adjacent land shall not be discharged from the subject site onto the surface of the adjacent land.
14	The Applicant/Owner is responsible to pay for 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 (7) 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.
Permit expiry
15	This permit as it relates to development (buildings and works) 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.
– End of conditions –