VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
planning and environment LIST	vcat reference No. P255/2024
Permit Application no. KP-2016/276/A 	
CATCHWORDS	
Section 82 of the Planning and Environment Act 1987 (Vic) - Section 72 of the Planning and Environment Act 1987 (Vic) – Neighbourhood Residential Zone (Schedule 1) – Design and Development Overlay (Schedule 1) – Amended plans – Tree impacts - Construction damage and disruption – overdevelopment and amenity impacts.	

Applicant	Shari Kiss von Soly & Gerard Powell	
Responsible Authority	Kingston City Council	
Respondent	The Townhouse Shop Pty Ltd	
SUBJECT LAND	53A Nepean Highway
ASPENDALE VIC 3195	
DATE OF HEARING	17 October 2024	
DATE OF ORDER	18 October 2024	
CITATION	Kiss von Soly v Kingston CC [2024] VCAT 1009	

Order
Permit amended
1	In application P255/2024 the decision of the responsible authority is varied.  
2	Planning permit KP-2016/276 is amended and an amended permit is directed to be issued for the land at 53A Nepean Highway Aspendale VIC 3195 in accordance with the endorsed plans and the conditions set out in Appendix A.  The permit allows:
•	Clause 32.09-7: Construct two or more dwellings on a lot;
•	Clause 52.29-2: Create or alter access to a road in a Transport Zone 2.

Cassandra Rea
Member			

Appearances
For applicants	S. Kiss von Soly	
For responsible authority	H. Argyriou	
For respondent	T. Morrison.  He relied on the arboricultrual evidence of M. Rogers.   	

Information
Description of proposal	Amendment to planning permit and plans for an apartment development accommodating 14 dwellings. 	
Nature of proceeding	Application under section 82 of the Planning and Environment Act 1987 (Vic) – to review the decision to grant an amended permit.	
Planning scheme	Kingston Planning Scheme	
Zone and overlays	Neighbourhood Residential Zone (Schedule 1)
Design and Development Overlay (Schedule 1)
Adjacent to Principal Road Network	
Permit requirements	Clause 32.09-7: Construct two or more dwellings on a lot;
Clause 52.29-2: Create or alter access to a road in a Transport Zone 2.	
Key scheme policies and provisions	Clauses 32.09, 52.29 & 55	
Land description	The site is a battle-axe shaped property located between Nepean Highway and the foreshore.
The overall site area is 1174.23m2.	

  Reasons
What is this proceeding about?
1	Kingston City Council (‘council’) has determined to grant an amended permit for the subject land to allow modifications to the endorsed plans associated with the original planning permit that allowed the construction of 14 dwellings. 
2	The permit applicant (‘respondent’) describes the changes to the plans as:
•	Lower the Finished Floor Level (FFL) of the basement from 2.1 FFL to 1.7 FFL to provide compliant head height clearance, building services and an advanced structural slab design; 
•	Increase the basement footprint to allow for retention walls and accommodate a longer ramp for access (given the lowered FFL);
•	Change the layout of the apartments to accommodate structural, fire and acoustic requirements and building services; 
•	Ground floor patios, balconies and breezeway FFL increased from 4.6 FFL to 4.7 FFL to provide a transition to the internal ground floor apartments, which are at 4.7 FFL; 
•	Partial enclosure of the Level 1 lift lobby and breezeway to accommodate waterproofing requirements for the lift shaft; 
•	Alteration of the front entrance to allow for a DDA compliant access lift; 
•	Landscaping along the basement driveway changed from ground vegetation to planter boxes to cover the required basement structure; and 
•	Removal of the planter box adjacent to apartment G04 to allow for easier access to the landscaped area for residents.
3	The applicant has made this application to the Tribunal for a review of council’s decision.  The issues raised in submissions, in summary, relate to removal of vegetation, adequate protection of trees, overlooking, overshadowing, construction damage and disruption, overdevelopment, and traffic safety.
4	Having considered the submissions, and with regards to the relevant policies and provisions of the Scheme, I have determined to vary council’s decision as set out in the orders.  My reasons follow. 
Procedural issues AND rulings 
Limit of discretion
5	As this is an application to amend an existing planning permit, I am only able to consider the proposed changes to the proposal, namely matters identified at paragraph 2.  I do not have the discretion to consider the application, as a whole.
Transport Zone
6	Notwithstanding the application does not seek any changes to the access from Nepean Highway, the applicant’s written submission states that on-street parking will obstruct views of oncoming traffic for vehicles entering and exiting the site.  It says that the existing situation is not ideal and the development will worsen potential for traffic hazards. 
7	The alteration of access to a road in a Transport Zone (Schedule 2) (‘TRZ2’) is exempt from notice and third party appeal rights.  
8	In accordance with the decision Myers v Southern Grampians Shire Council, the Tribunal can only direct the grant of a permit for the permissions that are before it.  As such, I am unable to make any modification to the approvals already given with respect to the access onto the TRZ2.  
What are the issues arising?
Environment and Biodiversity
9	The applicant submits that there is excessive removal of vegetation and potential damage to trees on neighbouring properties.  They say, it follows that biodiversity will be reduced and there will be a threat to the local wildlife.
10	The existing approval on the site allows for tree removal.  It is beyond the scope of this proceeding to make any alternative finding with respect to any trees already approved for removal.  
11	With respect to the protection of neighbouring trees, the respondent relies upon the evidence of Mr Rogers.  A non-destructive root investigation established that there was only a single root and, if severed, the health of Tree 3 would not be compromised.  
12	Council had no objection to the arboricultural information submitted in support of the application and seeks to impose an additional condition requiring an amended Tree Protection Management Plan to protect the neighbours’ trees. 
13	I am satisfied that the conditions imposed will provide adequate protection to the neighbouring trees.  
14	I was not provided with any information regarding any wildlife or particular elements that contribute to biodiversity but note that the landscaping plan relies upon native coastal plantings that will enhance the site’s contribution to the local biodiversity.   
Landscaping
15	The applicant is concerned about lack of landscaping.  This submission arose following council outlining the zoning of the site and area has changed to the Neighbourhood Residential Zone (Schedule 1) (‘NRZ1’).  The NRZ1 includes variations to standard B13 of clause 55.03-8 of the scheme in relation to the provision of landscaping.  
16	Council is satisfied with the provision of two smaller trees within the front setback, in lieu of the NRZ1 schedule requirement seeking one tree to a height of 12.0 metres. 
17	As nominated above, I am persuaded that the landscaping plan will not only seek to soften the appearance of the building, but will also provide landscaping more in keeping with the coastal environment.       
Overlooking
18	The applicant is concerned about privacy and overlooking.  The proposed amendments do not seek to make any changes to windows or screening.  Therefore I am unable to consider potential overlooking.  
19	With respect to those parts of the building where there has been an adjustment to floor levels, the windows/screening has been taken from the new finished floor level.
20	Potential non-compliance with the endorsed plans with respect to screening to avoid overlooking is not a reason to refuse the application.  
Overshadowing
21	The applicant is concerned regarding shadow cast from the proposed building onto her property.  The additional shadow cast will be approximately 1m2 at 12.00, and 5m2 at 3.00pm.  The additional shadow will be on the driveway, or beneath existing trees.  
22	Whilst I understand the importance of solar access and amenity to nearby residents, clause 55.04-5 of the scheme seeks to ensure buildings do not significantly overshadow existing secluded private open space.  
23	I have emphasised ‘do not significantly overshadow’, which does not mean no shadow.
24	The development is deemed to comply with standard B21.  As the shadow standard is met, I am unable to consider shadow impact any further. 
Setbacks
25	The applicant submits that the building is too close to neighbours and will affect their amenity.  Firstly, it is noted that other than at basement level, there are no changes to setbacks.  Secondly, council advises that the setbacks comply with clause 55.04-1 of the scheme relating to height and setbacks of walls from a boundary.  Therefore, I find that setbacks are not a reason for me to refuse the amendment application.
Construction Damage and Amenity 
26	The applicant is concerned that the construction will cause additional damage (cracks in walls and floors) sustained to their property.  It is also claimed that council has been, and will be, inadequate to prevent property damage.  
27	Potential damage from construction activity is not a reason to refuse a planning application.  The Building Act 1993 (Vic) has obligations and requirements relating to the protection of adjoining property from potential damage.
28	Condition 20 of the notice of decision requires a construction management plan (‘CMP’) to be approved by council.  The CMP relates to matters including public safety, amenity, traffic, noise, air quality, dust management, stormwater and waste.  
29	If there are any detected breaches of the CMP they can be investigated by council.  Potential poor practices by construction workers is not a reason to refuse the application. 
Traffic Safety 
30	The applicant submits the proposed wall on the southeast corner will create dangerous blind spots for pedestrians, children, and dogs using the footpath.  There is no change to the wall in this location however I note that the plans show the height of this wall as 0.9 metres above natural ground level thereby complying with sightline requirements of clause 52.06-9 of the scheme.
Overdevelopment 
31	The applicant claims that the proposed amendments represent an overdevelopment and that the local infrastructure is insufficient to support the increased population density and traffic.  Furthermore, the applicant submits that the proposal does not comply with:
•	Clause 22.11: Residential Development Policy
•	Clause 55.02-1: Neighbourhood Character Objective
•	Clause 55.02-2: Residential Policy Objective
•	Clause 55.03-3: Site Coverage Objective 
•	Clause 55.05-4: Private Open Space Objective
•	Clause 43.02: Design and Development Overlay (Schedule 1).
32	The existing approval is for 14 dwellings.  The amendment application does not change this.  The amendment application does not make perceptible changes to the site coverage, permeability, private open space provision or location.  
33	There is no change to the external appearance of the building. 
34	During the hearing it was established that the site benefits from transitional arrangements in relation to minimum garden area.  
35	The respondent relies upon Tribunal decision Wang v Glen Eira CC where it was determined that a permit can be amended notwithstanding the development may not have been allowed under present controls, but has resulted in a proposal that is closer to compliance with the mandatory garden area requirement when compared with the approved development.  
36	The plans demonstrate that there is a very minor increase in area that can be attributed to minimum garden area.   
37	Council has satisfied me that a planning permit is no longer required under DDO1.
Conclusion
38	For the reasons given above, the decision of the responsible authority is varied.  An amended permit is granted subject to conditions.

Cassandra Rea
Member			

Appendix A – Permit Conditions

Permit Application No	KP-2016/276/A	
Land	53A Nepean Highway, ASPENDALE VIC 3195	

What the AMENDED permit allowS	
In accordance with the endorsed plans:
•	Clause 32.09-7: Construct two or more dwellings on a lot;
•	Clause 52.29-2: Create or alter access to a road in a Transport Zone 2	
Amended Plans
1	Before the development starts 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 the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be substantially in accordance with the plans prepared by Point Architects, known as TP101 – TP105, TP200 – TP204 and TP301 Revision I dated 17 November 2022 but modified to show: 
(a)	The changes incorporated on the discussion plans known as basement and ground floor plans prepared by Point Architects, Revision J dated October 2023 (TP101 and TP102) but including only one access stair to the garden bed along the south-east boundary.
(b)	Replacement of the pedestrian access ramp in the front setback with an outdoor platform lift.
(c)	Landscape plans generally in accordance with those prepared by John Patrick Pty Ltd (Drawing No. TP01-[D] Revision E and dated 31 October 2023) but modified to show:
i	At least one additional canopy tree in the front setback.
ii	General changes to align with the amended plans required by condition 1.
iii	Soil levels in cubic metres.
iv	Planting of one (1) Banksia Marginata (Silver Banksia) to be planted in the south-west corner of the site and to be planted at minimum mature height of 2 metres at the time of planting.
v.	Tree Protection Zones, Structural Root Zones and tree protection measures for neighbouring trees accurately drawn to scale and labelled as per the Tree Management Plan required by Condition 4.
(d)	The provision of a longitudinal section of the basement ramp showing gradients, levels, distances, with headroom clearances complying with AS2890.1:2004.
(e)	Any changes necessary as a result of the approved stormwater management plan required by condition 8. 
(f)	Provision of an intercom entry system with consideration to provide entry for visitors. 
(g)	A note stating “Kerb heights in the ramps and basement car parks no more than 150mm in height”. 
(h)	Details of the basement car park ventilation.
(i)	A notation on the plan stating “Any guttering pertaining to the walls on boundary on the site’s south-east property boundary nominated as being contained wholly within the title property boundary of the subject land”. 
(j)	The basement carpark shown not projected more than 1.2 metres from the natural ground level and a notation on the plan stating “The basement carpark must not be higher than a 1.2 metres above natural ground level at any point in accordance with Clause 43.02 – Schedule 1 (Urban Coastal Height Control Area) of the Kingston Planning Scheme”. 
(k)	The street tree to be shown removed in accordance with condition 7 of this permit. 
(l)	The provision of a full colour finishes and building materials schedule, including samples (illustrated on an A4 or A3 sheet), for all external elevations and driveways of the development. 
(m)	The finished floor level of breezeway, windows and patio at the ground floor level, which are higher than 0.8m shown to be screened, or the fence/barrier height increased, in accordance with Clause 55.04-6 (Overlooking) of the Kingston Planning Scheme. 
(n)	Provision of adequate lighting along the breezeway and basement area. 
(o)	All requirements of VicRoads, in accordance with condition 16 of this permit. 
(p)	The provision of a revised Waste Management Plan in accordance with condition 21.
(q)	An elevation plan of the front fencing, which provides details of its height, materials and colours.
(r)	The surface material of all driveways / accessways and car parking spaces nominated in all-weather coloured concrete sealcoat, or similar. 
(s)	Permeable Geotextile root barrier membrane to be installed around any underground services in the front setback garden bed shown on Ground Floor Plan and Landscape Plan
(t)	Annotation that the retaining wall dividing SPOS of apartment G06 and G07 to be constructed from post and sleeper and a notation of all post holes to be hand dug to be shown on the Ground Floor Plan and Landscape Plan.
(u)	The location of Tree Protection Zones, Structural Root Zones and of tree protection measures illustrated to scale and labeled on the Ground Floor Plan as per the Tree Management Plan required by Condition 4.
(v)	Any changes required under the amended Tree Protection Management Plan as per Condition 4.
Endorsed Plans 
2	The development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority. 
Vegetation Department 
3	The landscaping shown on the endorsed plans must be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.
4	Concurrent with the submission of amended plans as per Condition 1, an amended Tree Protection Management Plan, generally in accordance with the Tree Protection Management Plan prepared by John Patrick Landscape Architects dated 16 January 2024, but modified to show:
(a)	Tree Protection Zones and Structural Root zones of T2-T9 (Inclusive, except Tree 5) must be calculated from current measurements taken within the previous 2 years.
(b)	Post holes for decking and retaining walls within TPZ of T3 must be hand dug under the supervision of a suitably qualified arborist.
(c)	Post holes must be relocated if roots equal to or greater than 40mm are encountered to avoid root damage.
(d)	Roots encountered in post holes less than 40mm in diameter must be pruned under the supervision of a suitably qualified arborist with a clean, sharp blade, knife or hand saw.
(e)	Any replacement boundary fencing to be constructed using same post holes to avoid further root damage.
5	Before the development starts, including demolition or removal of vegetation, a Tree Protection Plan (drawing) and Tree Management Plan (report) must be submitted to and be endorsed by the Responsible Authority. 
(a)	The Tree Protection Plan must be drawn to scale, reference the Tree Management Plan and provide details of: 
i	The Tree Protection Zone and Structural Root Zone, calculated in accordance with AS4970-2009, for all trees on neighbouring properties where the Tree Protection Zone falls partially within the subject site. 
ii	Tree protection fencing, or ground protection where required, provided in accordance with AS4970-2009. 
iii	Appropriate signage on any tree protection fencing prohibiting	access, excavation, changes in soil levels, or any storage within the Tree Protection Zone in accordance with AS4970-2009 unless with the prior written consent and under the direct supervision of the consulting arborist. 
iv	Maintenance of the area(s) within the Tree Protection Zone in accordance with AS4970-2009. 
v	Any pruning to be undertaken being in accordance with AS4373-2007. 
(b)	The Tree Management Plan must be prepared by a suitably qualified arborist, reference the Tree Protection Plan and provide details of: 
i	Any non-destructive root investigation undertaken in accordance with AS4970- 2009 to determine the location and distribution of roots of trees nominated on the Tree Protection Plan. 
ii	Proposed footings and construction methods for any buildings or structures within the Tree Protection Zone nominated on the Tree Protection Plan. 
iii	How excavation impacts, including soil level changes, on trees located in neighbouring properties will be managed. 
iv	How the canopy of trees nominated on the Tree Protection Plan will be protected. 
v	Any other measures required to demonstrate the successful ongoing retention and viability post-construction of any trees nominated on the Tree Protection Plan.
6	Before the occupation of the development the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority. 
7	Prior to the removal of the Allocasuarina verticillata (Drooping She-oak) street tree from the Nepean Highway nature strip, payment must be made to Kingston City Council’s customer service in accordance with Council’s Street Tree Removal Procedures. This fee includes the removal and replacement of this tree/s and that must be undertaken by Council at the expense of the Developer/Owner. 
Storm Water Management and Water Sensitive Urban Design 
8	Unless with prior written consent of the Responsible Authority, before the development commences the following Integrated Stormwater Management (drainage) documents must be prepared, by a suitably qualified person, to the satisfaction of the Responsible Authority: 
(a)	Stormwater Management (drainage) Plan(s) must be prepared, with supporting computations, showing the stormwater (drainage) works to the nominated point of discharge. The plan(s) must show all details of the proposed stormwater works including all existing and proposed features that may have an impact on the stormwater (drainage) works, including landscaping details. 
(b)	Details of the need or otherwise for a flood proof apex (ridge level), trench or other method to protect the property from any overland flows.
(c)	Prior to submitting detailed plans, a comprehensive stormwater management (drainage) strategy for the site must be prepared that addresses the requirements specified within Council’s “Civil Design requirements for Developers – Part A: Integrated Stormwater Management”. 
(d)	The stormwater management (drainage) strategy must include a report with music modelling results demonstrating water sensitive urban design treatments that achieve Victorian best practice objectives. These may include the use of an infiltration or bio-retention system, rainwater tanks connected for reuse, or other treatments to the satisfaction of the Responsible Authority. 
(e)	The water sensitive urban design treatments as per conditions 8a), 8b), 8c) and 8d) above must be implemented on-site, unless an alternative agreement for stormwater quality in-lieu contribution is reached with the Responsible Authority. 
9	Stormwater (drainage) works must be implemented in accordance with the approved stormwater management (drainage) plan and to the satisfaction of the Responsible Authority including the following: 
(a)	All stormwater (drainage) works must be provided onsite so as to prevent overflows onto adjacent properties. 
(b)	The implementation of stormwater (drainage) detention system which restricts stormwater discharge to the maximum allowable flowrate of 10.4L/s. 
(c)	All stormwater (drainage) works must be maintained to the satisfaction of the Responsible authority. 
10	A groundwater assessment report (GAR) must be prepared by a qualified hydro-geologist to assess any possible impacts the proposed development has on the ground water table, surrounding land and buildings to the satisfaction of Responsible Authority. Should the findings of the submitted GAR demonstrate that the site is likely to experience issues associated with ground water management, a ground water management plan (GMP) must be submitted to and approved by the responsible authority. 
11	The basement structure must be designed to respond to the findings of the GAR and GMP required under condition 10 and constructed to the satisfaction of the responsible authority. 
Infrastructure and Roads Works 
12	Property boundary and footpath levels must not be altered without the prior written consent from the Responsible Authority. 
13	The replacement of all footpaths, including offsets, must be constructed to the satisfaction of the Responsible Authority. 
14	All reinstatements and vehicle crossings must be constructed to the satisfaction of the Responsible Authority. 
Melbourne Water Condition
15	Pollution and sediment laden runoff shall not be discharged directly or indirectly into Melbourne Water's drains or waterways. 
VicRoads Conditions 
16	Prior to commencement of the development amended plans must be submitted to and approved by the Roads Corporation. When approved by the Roads Corporation, the plans may be endorsed by the Responsible Authority and will then form part of the permit. The plans must be drawn to scale with dimensions and two copies must be provided. The plans must be generally in accordance with the Drawing No. TP-01 dated March 2016 prepared by Modularc and annotated as but modified to show: 
(a)	Proposed crossover and its extent with minimum of 60 degree splays. 
(b)	A passing at the entrance to comply Clause 52.06-8 of Kingston Planning scheme. 
17	The crossover and driveway are to be constructed to the satisfaction of the Responsible Authority and at no cost to the Roads Corporation prior to the occupation of the works hereby approved. 
18	All disused or redundant vehicle crossings must be removed and the area reinstated to the satisfaction of Responsible Authority and at no cost to the Roads Corporation prior to the occupation of the buildings or works hereby approved. 
19	Prior to the occupation of the buildings the access lanes, driveways, crossovers and associated works must be provided and available for use and be: 
(a)	Formed to such levels and drained so that they can be used in accordance with the plan. 
(b)	Treated with an all-weather seal or some other durable surface.
Construction Management 
20	Prior to the commencement of any buildings and works on the land (including demolition), a Construction Management Plan (CMP), to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority. The CMP must be prepared in accordance with the City of Kingston Construction Management Policy, July 2015 and Construction Management Guidelines, 1 November 2015 (and any superseding versions and / or documents). The CMP must specify and deal with, but is not limited to, the following elements: 
(a)	Public Safety, Amenity and Site Security 
(b)	Traffic Management
(c)	Stakeholder Management 
(d)	Operating Hours, Noise and Vibration Controls 
(e)	Air Quality and Dust Management 
(f)	Stormwater and Sediment Control 
(g)	Waste and Materials Re-use 
When approved, the plan will be endorsed and will then form part of the permit and shall thereafter be complied with during the undertaking of all works. 
In the event of damage during construction to any adjacent Council roads, footpaths and park land, such damage will be required to be repaired by and at the full cost to the developer, to the satisfaction of the Responsible Authority. 
Waste Management Plan 
21	Prior to the commencement of the use permitted by this permit on the Land, a Waste Management Plan, to accord with the revised plans provided with Condition 1 must be endorsed to the satisfaction of the Responsible Authority and will then form part of the permit. The WMP must be implemented to the satisfaction of the Responsible Authority. The WMP must not be modified further without the written consent of the Responsible Authority. 
Cultural Heritage Management Plan 
22	The construction of the development hereby approved must be carried out in accordance with the approved Cultural Heritage Management Plan No 14352 prepared by Benchmarks Heritage Management and approved by the Department of Premier and Cabinet on 20 July 2016. 
Conditions from Department of Environment, Land, Water and Planning 
23	There must be no:
(a)	storage of materials (including temporary stack sites) or spoil;
(b)	truck turning areas;
(c)	new entry points;
(d)	parking of vehicles;
(e)	vegetation removal;
(f)	buildings and works; and
(g)	discharge of stormwater or other concentrated flow of water;
on the adjacent Crown land as part of the development and its future use. 
24	Any landscaping works undertaken on the site must not include the planting of environmental weeds.
25	Public access along the adjoining Crown land must not be restricted by the use or development. 
26	That all formal private access from the subject land onto the adjacent Crown land (foreshore) be restricted to the existing access point situated at the south west corner of the land. 
27	All external surfaces must be made of non-reflective materials that blend with the surrounding environment to the satisfaction of the Responsible Authority. 
General amenity conditions 
28	All externally-located heating and cooling units, exhaust fans and the like must not be located adjacent to bedroom windows on adjoining properties and must be concealed from the street, unless with the further written consent of the Responsible Authority. 
29	Service units, including air conditioning/heating units, where incorporated, must not be located where they will be highly visible from any public area to the satisfaction of the Responsible Authority and if located on the roof of a building, suitable screening and baffling must be provided to the satisfaction of the Responsible Authority. 
Completion of Works 
30	Prior to the occupation of the dwellings hereby permitted, or by such later date as is approved by the Responsible Authority in writing, the nature strip, kerb and channel, vehicle crossover and footpath must be reinstated to the satisfaction of the Responsible Authority. 
31	Prior to the occupation of the dwellings hereby permitted, areas set aside for parking vehicles, access lanes and paths as shown on the endorsed plans must be: 
(a)	Constructed to the satisfaction of the Responsible Authority. 
(b)	Properly formed to such levels that they can be used in accordance with the plans. 
(c)	Surfaced in accordance with the endorsed plans under this permit or in an all-weather coloured concrete seal-coat, to the satisfaction of the Responsible Authority. 
(d)	Drained and maintained to the satisfaction of the Responsible Authority. 
32	Parking areas and access lanes must be kept available for these purposes at all times and maintained to the satisfaction of the Responsible Authority. 
33	All works on or facing the boundaries of adjoining properties must be finished and surface cleaned to a standard that is well presented to neighbouring properties in a manner to the satisfaction of the Responsible Authority. 
34	All piping and ducting above the ground floor storey of the development (other than rainwater guttering and downpipes) must be concealed to the satisfaction of the Responsible Authority. 
35	Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority. 
Time Limits 
36	In accordance with section 68 of the Planning and Environment Act 1987 (Vic), this permit will expire if one of the following circumstances applies: 
(a)	The development is not started within three (3) years from the date of this permit. 
(b)	The development is not completed within five (5) years from the date of permit issue. 
In accordance with section 69 of the Act, the responsible authority may extend the periods referred to if a request is made in writing: 
•	before the permit expires; or 
•	within six (6) months after the permit expiry date, where the development allowed by the permit has not yet started; or 
•	within twelve (12) months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires. 

– End of conditions –