VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
planning and environment LIST	vcat reference No. P200/2023
Permit Application no.PLN-39955 	
CATCHWORDS	
Childcare centre; consistency with local policy; ‘generally in accordance with’ a Development Plan.     	

Applicant	Shiv Shakti Pty Ltd	

Responsible Authority	Whittlesea City Council	

SUBJECT LAND	126A Hayston Boulevard
EPPING VIC 3076	

HEARING TYPE	Hearing	

DATE OF HEARING	8 August 2023	

DATE OF ORDER	21 August 2023	

CITATION	Shiv Shakti Pty Ltd v Whittlesea CC [2023] VCAT 929	

Order
1	Pursuant to clause 64 of Schedule 1 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic), the permit application is amended by substituting for the permit application plans, the following plans filed with the Tribunal:
Prepared by:	The Ellis Group Architects	
Drawing numbers:	000-003, 100, 102, 103, 110, 200, 300, 301, 310, 400-402 V1	
Dated:	13 June 2023	
Prepared by:	John Patrick Landscape Architects	
Drawing number	VCAT01	
Dated:	24 May 2023	
2	In application P200/2023 the decision of the responsible authority is set aside.

3	In planning permit application PLN-39955 a permit is granted and directed to be issued for the land at 126A Hayston Boulevard Epping VIC 3076 in accordance with the endorsed plans and the conditions set out in Appendix A.  The permit allows:
•	Use and development of the land for a childcare centre.

Michael Nelthorpe
Member			

Appearances
For applicant	Mr Mark Stanojevic, town planner of Ask Planning Services.  He called Mr William Bromhead, town planner of Ratio Consultants to give expert evidence.	
For responsible authority	Ms Taelyn Craig, Senior Planner.	

Information
Description of proposal	A childcare centre for 127 children with 27 car parking spaces.	
Nature of proceeding	Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit. 	
Planning scheme	Whittlesea Planning Scheme	
Zone and overlays	General Residential Zone Schedule 1
Vegetation Protection Overlay Schedule 2
Development Plan Overlay Schedule 12
Development Contributions Plan Overlay Schedule 2	
Permit requirements	Clause 32.08-2: to use land for a childcare centre;
Clause 32.08-9: to construct a building or construct or carry out works.	
Relevant scheme policies and provisions	Clauses 11, 13, 15, 17, 19, 32.08, 43.04, 45.06, 52.06, 65 & 71.02.	
Land description	This generally rectangular site is on the south-east corner of Hayston Boulevard and Harvest Home Road.  Gatestone Road, which is a local street, is on the site’s southern boundary.  The site is flat and without trees.	
Tribunal inspection	29 July 2023	

  Reasons
What is this proceeding about?
1	Shiv Shakti Pty Ltd (‘the applicant’) seeks a permit for a childcare centre at 126 Hayston Boulevard, Epping.  Whittlesea City Council (‘the Council’) refused to grant a permit on grounds relating to local policy for childcare centres, the Development Plan that applies to the land, and the childcare centre’s built form.
2	At a compulsory conference, the parties agreed to confine the matters in dispute to:
a	Whether the policy provisions of Clause 19.02-2L of the Whittlesea Planning Scheme are satisfied to the extent that a planning permit may be granted; and
b	Whether the use of the land for a childcare centre is consistent with the Harvest Home Road Development Plan.
3	These are the key issues.
4	Following the compulsory conference, the Council advised that it would not make submissions on the strategy in local policy regarding the ‘demonstrated need’ for a childcare centre given that various divisions of the Tribunal have found that ‘need’ should be interpreted broadly.
5	The applicant relies on amended plans that provide the required number of car parking spaces.  They also rely on expert town planning evidence that says:
a	The site’s location and characteristics and relevant zoning supports this non-residential use; and
b	Given the lack of specific guidance within the Harvest Home Road Development Plan about the location of childcare centres and the site’s designation as residential, the proposal for a childcare centre is generally in accordance with the development plan.
6	At the hearing, I advised the parties that I accepted their position on the proposal’s built form and the need for this child care centre.  Accordingly, my findings would only relate to the key issues.
are the policy provisions of Clause 19.02-2L of the Whittlesea Planning Scheme satisfied?
7	Clause 19.02-2L is the Childcare Centre local policy of the Whittlesea Planning Scheme.  Its objectives relevantly include:
To support childcare centres in preferred locations and that fulfil a demonstrated need for the local community in order to complement broader land use objectives.
To prioritise childcare centres in or adjacent to an activity centre or co-located with compatible community service uses in a planned community hub.
To facilitate childcare centres in strategic locations that have convenient access to existing or future planned public transport, community, educational, commercial and recreational facilities.
8	The associated relevant strategies are:
Preferred location strategies
Support childcare centres in locations that are:
•	In or within a walkable distance from an existing or proposed activity centre or recognised community activity cluster.
•	Within a walkable distance from an existing or future planned public transport stop or train station.
•	Readily and safely accessible by road, public transport, bicycle and pedestrian networks.
Co-locate childcare centres with compatible non-residential uses (i.e., retail, education facilities, active open space facilities etc.) and not with incompatible non-residential uses such as petrol stations, car washes, licenced premises, gaming premises, convenience restaurants that contain a drive-through facility or the like.
Encourage childcare centres on collector roads. 
Discourage childcare centres on or close to arterial roads.
Discourage childcare centres from locating on larger lots intended for medium density housing.
Preferred location policy guidelines
Consider as relevant:
•	Allowing childcare centres that serve catchments beyond the local level in established or establishing areas where they are located in or adjacent to activity centres or sited on collector roads that avoid extra generation of traffic on residential streets.
•	A walkable distance from an existing or proposed activity centre or recognised community activity cluster as being 400 metres measured by the shortest route reasonably accessible on foot.
•	A walkable distance from an existing or future planned public transport stop or train station as being 200 metres measured by the shortest route reasonably accessible on foot.
The Council’s submissions
9	The Council says that the proposal meets few of the preferred location strategies of the local policy thus is likely to result in negative community outcomes on walkability, convenience and the like.  It says that, despite being close to a school, the proposal is on a ‘stand-alone’ site that is removed from an activity centre or recognised community activity cluster.  
10	It says that the site is identified as one that could support a range of housing densities and that a childcare centre on the site would deny these opportunities.
11	It distinguishes the approved childcare centre at 230 Saltlake Boulevard, Wollert due that site being challenging to develop as medium density housing and containing heritage fabric that is worthy of retention.  It says that the approved childcare retains this fabric.
12	It contests the applicant’s claim that approval of the proposed childcare centre, when combined with the existing school and childcare centre mentioned above, would create a community activity cluster.  It says that this collection of community facilities is not diverse enough to warrant this designation.
The applicant’s submissions
13	The applicant contends that the policy framework is broader than the local planning policy on childcare centres.  They refer to planning policies supporting 20-minute neighbourhoods where employment opportunities and community services are close to where people live.  They also note the recent governmental support for childcare to assist parents and carers in returning to work.
14	They also say that the size of this site and its three road frontages makes it a good candidate for a childcare centre.
15	Finally, they rely on the purpose of the General Residential Zone that supports certain non-residential uses, including childcare centres, in residential areas.  They say that this implies that, in principle, childcare centres are complementary uses in residential areas.
16	Regarding the local policy on childcare centres, they note that it refers to ‘preferred locations’, which does not discount the acceptability of other locations.  They highlight the Council’s approval of the childcare centre at 230 Saltlake Boulevard as an example where this policy is applied flexibly.
17	They rely on Mr Bromhead’s evidence that the proposal meets many of the locational criteria of the local policy on childcare centres.  He says that the applicant has demonstrated a need for this childcare centre and notes the potential synergies with the established school nearby. 
18	He regards the site as being relatively convenient to the proposed Quarry Hills Village Town Centre, which is 900m to the east of the site.  He expects that, in time, the site will be served by a bus route and that it is readily accessible by road and pedestrian and bicycle networks.
19	He notes that it is not co-located with the incompatible non-residential uses listed in the strategy and that it is accessed from Hayston Boulevard that, in time, will be a collector road.  He accepts that the site is adjacent to a future arterial road (Harvest Home Road) but considers this to be a suitable abuttal.  He observes that many existing childcare centres are located on arterial roads.
20	Finally, he notes that while the site is a larger site, it is not a designated medium density site.  He observes that the local area contains several medium density sites and opines that the use of this site for a childcare centre will not prejudice the Council’s objectives for housing diversity in this area.
21	More broadly, he contends that it is not always achievable to locate childcare centres in activity centres and that childcare is an activity that often functions well when located close to the populations they serve.  He sees the site as being in an emerging residential hinterland and opines that the Zone anticipates childcare centres in such locations.
My findings
22	The applicant persuades me that the proposal is an acceptable response to planning policy and the provisions of the General Residential Zone.  I agree that the local policy on childcare centres must be read in the context of the entire policy framework, and that its reference to ‘preferred locations’ does not prohibit childcare centres in other locations.
23	Overall, I am swayed by the opportunity provided by this relatively large site and its abuttals to three roads, its proximity to an established school and by Mr Bromhead’s conclusion that the site is in an emerging residential hinterland area.
24	I find that the site is large enough to accommodate a childcare centre.  I find that its abuttals to three roads significantly reduces the potentially adverse amenity impacts of building bulk, unreasonable noise, and additional traffic.  I also accept that this ‘main road’ location will, in time, be served by public transport.  I am also influenced by the fact that the site is not a designated medium density site.
25	Regarding its proximity to an established school, I regard it as favourable to locate childcare centres near existing schools as it is convenient for parents of school age and pre-school age children to drop off or pick up their children in one trip.
26	Most of all, I find Mr Bromhead’s opinion that the site is in an emerging residential hinterland location is persuasive.  I accept the Council’s submission that planning for growth areas ideally seeks to locate community services in activity centres or clusters, yet I am not persuaded that this should deny other locations in a residential area.  
27	I agree with Mr Bromhead’s observations that the Epping North area is becoming more diverse as it matures.  This creates opportunities that may not have been foreseen in higher-level growth plans.  That the Zone envisages that childcare centres can be complementary uses in an emerging residential hinterland strongly influences my decision that this is an acceptable proposal.
is the use of the land for a childcare centre is consistent with the Harvest Home Road Development Plan?
28	To begin with, this question, when properly framed, it whether the use of the land for a childcare centre is ‘generally in accordance’ with the Harvest Home Road Development Plan.  This reflects Clause 43.04-3, which says that:
A permit granted must:
•	Be generally in accordance with the development plan.
•	Include any conditions or requirements specified in a schedule to this overlay.
29	Apart from that, the parties agree that the general principles for assessments under a Development Plan, as outlined in Canet, apply in this instance.  These principles are that:
a)	General accordance is a question of fact to be judged on the facts and circumstances of each case; and
b)	The less detail and precision there is in the primary document or documents, the more flexibility is given by the phrase ‘generally in accordance with’.   
The Council’s submissions
30	The Council accepts that the Harvest Home Road Development Plan is silent on non-residential uses.  It says that this is a logical omission rather than tacit consent for non-residential uses.  
31	It says that this Development Plan must be read in the context of the higher order strategic documents for the Epping North growth area.  It relies on Clause 4 – ‘Requirements for a Development Plan’ in Schedule 12 to the Development Plan Overlay that, amongst other things, states that:
The development plan…must show:
•	General consistency with and application of the principles of the relevant Incorporated Plan/Local Structure Plan and Epping North Strategic Plan.
32	It says that the principles of the Epping North Strategic Plan 2002 include the clustering of community services in or close to activity centres or in community activity clusters as shown on the plan below:

Figure 1: The Epping North Strategy Plan Diagram
33	The Epping North Strategic Plan 2002 shows the proposed development of all of Epping North.  A centrally located town centre and several neighbourhood centres are identified.  The area covered by the Harvest Home Road Development Plan is in the east-south-east sector.  It shows the Development Plan area as purely residential with the closest neighbourhood centres to the north and south.
34	The relevant Incorporated Plan/Local Structure Plan is the Harvest Home Local Structure Plan 2002.  It covers the south-east quadrant of the Epping North Strategic Plan.  It shows the area as a mix of developable land, linear open space along drainage lines and a centrally located potential community/commercial facility.

Figure 2: The Harvest Home Road Local Structure Plan 2002
35	The Harvest Home Road Development Plan 2009 (and amended in 2016) covers the northern section of the Harvest Home Local Structure Plan 2002.  It focuses on ensuring a diversity of lot sizes, integrating roads, drainage, open space, native vegetation and developer contributions and providing for the school to the west of the site.

Figure 3: The Harvest Home Road Development Plan as amended in 2016
36	In the Council’s submission, these plans show that no such neighbourhood centres were envisaged for the Harvest Home Road Development Plan area, and that it intends to provide housing at a range of densities and a school site.  
37	It submits that, in this context, the Harvard Home Road Development Plan is rigid, rather than flexible.  From this, it contends that the using the site for a childcare centre is inconsistent with the Development Plan and the broader strategic context.
The applicant’s submissions
38	The applicant contends that the Harvest Home Road Development Plan is flexible as it does not prescribe that the site must be developed for residential uses, nor does it specify requirements for non-residential uses such as childcare centres.  As such, they contend that discretion exists under the General Residential Zone to grant a permit for a childcare centre, and any approved centre would be ‘generally in accordance with’ the Development Plan.
39	They rely on the decision in Harvest Investment Group  that, amongst other things, concludes that an Incorporated Document (the Mernda Strategy Plan) and the associated Mernda West Development Plan did not prescribe the location of commercial childcare centres.  On my reading of this decision, it concludes that the support offered by these plans for childcare centres in specific locations does not prohibit them in areas identified as ‘residential’.
40	This decision relied on the finding in Java Sands that a proposed commercial childcare centre in an area identified for residential development on a Development Plan was generally in accordance with the Development Plan given that such centres are ‘part and parcel’ of residential areas.
41	They rely on Mr Bromhead’s evidence, which concludes that the Harvest Home Road Development Plan lacks specificity on the location of childcare centres and, as such, it is appropriate to default to what the zoning of the land allows in terms of land uses that are generally in accordance with a Development Plan.
My findings
42	I find that a childcare centre on this site would be generally in accordance with the Harvest Home Road Development Plan.  
43	I accept the Council’s submissions that this Plan must be read in the context of the broader strategic plans.  Accordingly, I do not accept the applicant’s focus on only the Harvest Home Road Development Plan 2009.  This is unreasonably narrow, and it does not reflect the case law as this has regard for higher-order plans.
44	However, I am satisfied that these higher-order plans do not deny the opportunity for childcare centres to locate in ‘residential areas’.  On this point, the applicant’s submissions, including their reliance on the decision in Harvard Investment Group, are persuasive.
45	I am satisfied that the Epping North Strategy Plan encourages childcare centres to locate in activity centres or community activity clusters but does not prohibit such centres in other locations.  As such, a childcare centre in the proposed location is generally in accordance with the Harvest Home Road Development Plan.
What conditions are appropriate?
46	At the hearing, we discussed the draft conditions circulated by the Council.  The only area of dispute was draft condition 1(d) which I have revised in accordance with the direction provided by the parties.
Conclusion
47	For the reasons given above, the decision of the responsible authority is set aside.  A permit is granted subject to conditions.

Michael Nelthorpe
Member			

Appendix A – Permit Conditions

Permit Application No	PLN-39955	
Land	126A Hayston Boulevard
EPPING VIC 3076	

What the permit allowS	
In accordance with the endorsed plans:
•	Use and development of the land for a childcare centre.	

Conditions
Plans/Reports Required
1	Before the use and development commences, 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 dated 13 June 2023 prepared by The ELLIS Group Architects but modified to show: 
(a)	The location of the facility provided for the charging of electric vehicles, as per commitment 2.1 - Electric vehicle infrastructure in the BESS Report. 
(b)	The provision of obscured balustrading for privacy to the eastern first-floor play area. 
(c)	The deletion of references to business identification signage.
(d)	The location of waste storage away from pedestrian footpath through the relocation of the doors to the waste storage area or by providing an inset landing adjacent to the doors or by another appropriate design response.
(e)	The provision of acoustic fencing to the eastern boundary.
2	Concurrent with the endorsement of plans under Condition 2 and before the development commences, a Landscape Plan prepared by a suitably qualified landscape designer 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 plan must show: 
(a)	Outdoor child care play design (material, planting, play elements, shade sails etc).
(b)	Consistency with the plans as required by Condition 2 of this permit.
3	Before the development allowed by this permit starts, a Sustainability Management Plan (SMP) (including a Green Travel Plan) must be prepared by a suitably qualified expert to the satisfaction of the responsible Authority and submitted to the Responsible Authority for approval as required by Clause 15.02-1L (Environmentally Sustainable Development) of the Whittlesea Planning Scheme. When approved, the SMP will be endorsed and will form part of this permit. The SMP must address the 10 key Sustainable Building Categories:
(a)	Energy Efficiency
(b)	Water Efficiency
(c)	Stormwater Management
(d)	Indoor Environment Quality (IEQ)
(e)	Transport
(f)	Waste Management
(g)	Urban Ecology
(h)	Innovation
(i)	Building Materials
(j)	Construction and Building management
The SMP must be accompanied by a report from an industry accepted performance measurement tool. 
4	Before the use and development hereby permitted starts, a Car Parking Management Plan must be submitted and approved by the Responsible Authority detailing how the management of car parking spaces is to be carried out within the site and demonstrating that staff vehicles, including staff that work part time, will be able to enter and exit the tandem spaces during the centre’s operation, so that they are not impeded by parents/visitors parking in the front tandem space.
5	Prior to the commencement of works, including demolition and excavation, a Site Management Plan must be submitted to and endorsed by the Responsible Authority. No works are permitted to occur until the Plan has been endorsed by the Responsible Authority. Once endorsed, the Site Management Plan will form part of the permit and must be implemented to the satisfaction of the Responsible Authority. The plan must:  
(a)	Be in accordance with the Responsible Authority’s Site Management Plan template.
(b)	Address occupational health and safety, traffic management and environmental controls to the satisfaction of the Responsible Authority.
(c)	Be submitted to the Responsible Authority a minimum of 21 days before a required pre-commencement meeting (attended by authorised representatives of the construction contractor and project superintendent as appointed by the developer) on the site of the works.
(d)	Identify any site offices, workspaces, personnel rest and amenity areas, hardstands, material laydown areas, and stockpiles.
(e)	Include the proposed route for construction vehicle, equipment and machinery access to the site including a program for the upgrade and maintenance works required along this route while works are in progress.
(f)	Address the location of parking areas for construction and sub-contractors’ vehicles, equipment and machinery on and surrounding the site, to ensure that they cause minimum disruption to surrounding properties.
(g)	Include measures to reduce the impact of noise, dust and other emissions created during the construction process.
(h)	Demonstrate all environmental measures identified on a drawing(s) drawn to scale.
(i)	Provide measures to ensure that no mud, dirt, sand, soil, clay or stones are washed into or allowed to enter the storm water drainage system.
(j)	Include means by which foreign material will be restricted from being deposited on public roads by vehicles, equipment and machinery associated with the building and works on the land to the satisfaction of the Responsible Authority.
(k)	Identify the location and method of any Tree Protection Zones inclusive of trees within nature strips adjacent to the site boundaries in accordance with Appendix 2 of Council’s ‘Street Tree Management Plan’.
(l)	Ensure that all contractors working on the site must be inducted into an environmental management program for construction works.  
All works must be carried out generally in accordance with the measures set out in the Site Management Plan approved by the Responsible Authority. Any changes to the Site Management Plan must be submitted to and approved by the Responsible Authority prior to implementation unless otherwise agreed to in writing by the Responsible Authority.
For further information, including submission, please contact Council’s Infrastructure Protection Unit on 9217 2170 or info@whittlesea.vic.gov.au. 
6	Before the use and development allowed by this permit starts, a Waste Management Plan must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and form part of this planning permit. The approved Waste Management Plan must be implemented to the satisfaction of the Responsible Authority. The plan must provide details of a regular waste (including recyclables) collection service for the subject land including:
(a)	The type/s and number of waste bins.
(b)	Screening of bins.
(c)	Type / size of trucks, including swept paths demonstrating the vehicle can enter and exit the site in a forward direction.
(d)	Frequency of waste collection.
(e)	The provision and use of a bin-tug. The bin-tug must be maintained in an operational state at all times;
(f)	Hours of collection (to comply with EPA Regulations).
to the satisfaction of the Responsible Authority. The endorsed Waste Management Plan must not be amended without prior written consent of the Responsible Authority.
7	Before starting any buildings or works, engineering plans showing a properly prepared design (with computations), for the internal drainage and method of disposal of stormwater from all roofed and sealed areas, including the use of an on-site detention system (if required) must be submitted to Council for approval. These internal drainage works must be completed to Council’s satisfaction prior to using or occupying any building on the site.
8	The use and development allowed by this permit and shown on the plans and / or schedules endorsed to accompany this permit must not be amended for any reason without the consent of the Responsible Authority. 
Drainage Works
9	Discharge of stormwater from the land will be required by means of an underground pipe drainage system designed to the satisfaction of the Responsible Authority and discharging into an approved outlet in a street or an underground pipe drain to the requirements of the Responsible Authority. In this regard no water shall be discharged from any pipe or paved are onto the surface of any adjacent land.
Stormwater flows in excess of the approved capacity of the pipe drainage system must not be trapped by any construction but must be permitted to flow over the finished surface of the site to the street or drainage easement.
10	Before the use and development hereby permitted commences, the permit holder is required to construct at no cost to Council, drainage works between the subject site and the Council nominated point of discharge. Such drainage works must be designed by a qualified engineer and submitted to and approved by Council. Computations will also be required to demonstrate that the drainage system will not be overloaded by the new development. Construction of the drainage system must be carried out in accordance with Council specifications and under Council supervision. 
Conditions To Be Met During Construction 
11	Once the development permitted has started it must be continued and completed to the satisfaction of the Responsible Authority. 
12	At all times during the construction phase of the development, appropriate measures must be taken to ensure that pedestrians are able to use any footpath along the boundaries of the site safely. 
13	Any litter generated by building activities on the site must be collected and stored in an appropriate enclosure. The enclosures must be regularly emptied and maintained such that no litter overspills onto adjoining land. Prior to occupation and/or use of the building, all litter must be completely removed from the site. 
14	During the construction phase, any mud or other materials deposited on roadways as a result of construction works on the site must be cleaned to the satisfaction of the Responsible Authority within two hours of it being deposited. 
Conditions to be met prior to occupation / commencement of uses 
15	Before the use hereby permitted starts, reticulated (water, sewerage, gas and electricity) services must be constructed and available to the satisfaction of the Responsible Authority. 
16	Prior to occupancy, the owner must pay Council the amenity value, removal, replacement and establishment costs for any street tree removed or damaged through the building works, to the satisfaction of the Responsible Authority, if required.
17	Prior to the occupation of any building approved under this permit, a compliance inspection and report from the author of the Sustainability Management Plan (SMP) / BESS Report, approved pursuant to this permit, or suitably qualified person or company, must be submitted to the Responsible Authority. The compliance report must be to the satisfaction of the Responsible Authority and must confirm that all measures specified in the SMP / BESS Report have been implemented in accordance with the approved documentation. 
18	Before the use commences and / or occupation of the development hereby permitted, the area 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. 
19	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. 
General / Use Conditions 
20	Vehicular access to the site must be in the form of a vehicle crossing constructed in accordance with Council’s Vehicle Crossing Specifications (EDCM 503) to suit the proposed driveway and the vehicles that will be using the crossing. The location, design, and construction of the vehicle crossing must be approved by the Responsible Authority. Any existing unused or redundant crossing must be removed and replaced with concrete kerb, channel and naturestrip to the satisfaction of the Responsible Authority. All vehicle crossing works are to be carried out with Council supervision under an Infrastructure Protection Permit.
21	All pipes (except down-pipes), fixtures, fittings and vents servicing any building on the site must be concealed in service ducts or otherwise hidden from external view, to the satisfaction of the Responsible Authority. 
22	The use and development permitted must be managed so that the amenity of the area is not detrimentally affected, through the: 
(a)	Transport of materials, good or commodities to or from the land;
(b)	Appearance of any building, works or materials; 
(c)	Emissions of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, wastewater, waste products, grit or oil; 
(d)	Presence of vermin. 
23	The site must at all times be kept in a neat and tidy condition to the satisfaction of the Responsible Authority. Any litter must be immediately removed from the site and surrounding area to the satisfaction of the Responsible Authority. 
24	All external lighting must be designed, baffled and located to prevent adverse amenity impacts on adjoining land, to the satisfaction of the Responsible Authority. 
25	No external sound amplification equipment or loudspeakers are to be used for the purpose of announcement, broadcast, playing of music or similar purpose, to the satisfaction of the Responsible Authority. 
26	All plant and equipment (including air-conditioning units) must be located or screened so as not to be visible from any of the surrounding footpaths and adjoining properties and must be baffled to minimise the emission of unreasonable noise to the satisfaction of the Responsible Authority. 
27	The childcare centre use shall be restricted to a maximum of 127 children at any one time except with the further written consent of the Responsible Authority. 
28	Unless with the prior written consent of the Responsible Authority, the child care centre hereby permitted may only operate between the following hours: 
•	Monday to Friday: 6:30am to 7:00pm.
29	A minimum of 27 car spaces must be provided on the land for the use and development permitted, to the satisfaction of the Responsible Authority. 
30	A minimum of one (1) car space must be provided for the exclusive use of people with a disability and be designed in accordance with AS 2890.6 – 2009 (Parking facilities - Off-street parking for people with disabilities). The car space must be provided as close as practicable to suitable entrance of the building and must be clearly marked with a sign to indicate that the space must only be utilised by disabled persons. 
31	All disused or redundant vehicle crossings must be removed, and the area reinstated (including any footpath, kerb or channel), to the satisfaction of the Responsible Authority. 
Expiry Condition
32	In accordance with the Planning and Environment Act 1987 a permit for the use and development expires if:
(a)	the development is not completed within four years after the issue date of this permit; or
(b)	the use does not start within two years after completion of the development; or
(c)	the use is discontinued for a period of two years.
The responsible authority may extend the periods referred to above if a request is made in writing.  This request must be made before or within 6 months after the permit expiry date where the development has not yet started and within 12 months after the permit expiry date where the development allowed by the permit has lawfully started before the permit expires.
– End of conditions –