VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
ADMINISTRATIVE DIVISION
PLANNING AND ENVIRONMENT LIST
VCAT REFERENCE NO. P1745/2016
PERMIT APPLICATION NO. TPA/46114
APPLICANT
Dean Camm
RESPONSIBLE AUTHORITY
Monash City Council
SUBJECT LAND
15 Darnley Grove
WHEELERS HILL VIC 3150
WHERE HELD
Melbourne
BEFORE
Judith Perlstein, Member
HEARING TYPE
Hearing
DATE OF HEARING
7 March 2017
DATE OF ORDER
20 June 2017
CITATION
Camm v Monash CC [2017] VCAT 851
ORDER
Amend permit application
1
Pursuant to section 127 and clause 64 of Schedule 1 of the Victorian Civil
and Administrative Tribunal Act 1998, the permit application is amended by
substituting for the permit application plans, the following plans filed with
the Tribunal:

Prepared by:
Archimedium Australia Pty Ltd

Drawing numbers:
TP3, TP4, TP5 and TP6, Revision A

Dated:
January 2017
Permit granted
2
In P1745/2016 the decision of the responsible authority is set aside.
3
In planning permit application TPA/46114 a permit is granted and directed
to be issued for the land at 15 Darnley Grove, Wheelers Hill in accordance
with the endorsed plans and the conditions set out in Appendix A. The
permit allows:

Construction of two double storey dwellings in the General
Residential Zone, Schedule 2.
Reimbursement of Fees
4
The application for reimbursement of fees pursuant to section 115CA of the
Planning and Environment Act 1987 is refused.
Judith Perlstein
Member
VCAT Reference No. P1745/2016
Page 2 of 17
APPEARANCES
For applicant
Mr Simon Skinner, planner of Planning Sense.
He called the following witness:
 Mr Robert Thomson, landscape architect of
Habitat Landscape Architects.
For responsible authority
Ms Adrianne Kellock, planner of Kellock
Town Planning Pty Ltd.
INFORMATION
Description of proposal
Construction of two double storey dwellings.
Nature of proceeding
Application under section 79 of the Planning and
Environment Act 1987 – to review the failure to
grant a permit within the prescribed time.1
Planning scheme
Monash Planning Scheme.
Zone and overlays
General Residential Zone, Schedule 2 (GRZ2).
Permit requirements
Clause 32.08-4 – construction of two or more
dwellings on a lot.
Relevant scheme policies and
provisions
Clauses 9, 10, 11, 15, 16, 21.03, 21.04, 21.07,
22.01, 22.05, 32.08, 55 and 65.
Land description
The land is located on the north side of Darnley
Grove, Wheelers Hill. It is rectangular in shape
with a street frontage of 16.92 metres, depth of
38.48 metres and overall area of approximately
651 square metres. Current access to the site is
via a single crossover located on the western
boundary of the frontage. Darnley Grove is
parallel to Ferntree Gully Road, to its north.
Tribunal inspection
I conducted an unaccompanied inspection of the
site and surrounds on 16 March 2017.
1
Section 4(2)(d) of the Victorian Civil and Administrative Tribunal Act 1998 states a failure to
make a decision is deemed to be a decision to refuse to make the decision.
VCAT Reference No. P1745/2016
Page 3 of 17
REASONS2
WHAT IS THIS PROCEEDING ABOUT?
1
This is an application for review of the Council’s failure to grant a permit
for two double storey dwellings on land at 15 Darnley Grove, Wheelers Hill
within the prescribed time. Prior to the Tribunal hearing, Council
determined that it would have refused the application on the following three
grounds:
 The proposal is not consistent with the Residential Development
and Character policy of clause 22.01 of the Monash Planning
Scheme (Scheme) with regard to built form, scale of development,
landscaping and vehicle crossings.
 The proposal does not adequately satisfy the objectives and design
standards of clause 55 of the Scheme in terms of neighbourhood
character, landscaping and design detail.
 The proposed development is not appropriate for the locality in
regards to its adverse impact on the streetscape and general
neighbourhood character.
2
During the hearing it was evident that Council’s main concerns were the
retention of the Lophostemon street tree, the planting opportunities within
the front setback and the existence of two crossovers within the single lot
due to the side by side nature of the proposed dwellings.
3
The applicant submitted that the proposal was appropriate in its context,
respectful of neighbourhood character and that the proposed planting would
add a valuable contribution to the preferred landscape character of the
neighbourhood.
4
I consider this development to be acceptable on this site and have
determined that a permit should be granted. My reasons follow.
SITE CONTEXT AND NEIGHBOURHOOD CHARACTER
5
The site is located within the GRZ2. At the date of hearing, the purposes of
the GRZ2 included implementing neighbourhood character policy and
adopted neighbourhood character guidelines as well as providing a diversity
of housing types and moderate housing growth in locations offering good
access to services and transport.
6
On 27 March 2017, Amendment VC110 to the Scheme was gazetted.
Among other things, it modified the purposes of the GRZ. The parties were
invited to make written submissions to the Tribunal addressing any
implications of the amendment relating to this application. I have
2
The submissions and evidence of the parties, any supporting exhibits given at the hearing and the
statements of grounds filed have all been considered in the determination of the proceeding. In
accordance with the practice of the Tribunal, not all of this material will be cited or referred to in
these reasons.
VCAT Reference No. P1745/2016
Page 4 of 17
considered the submissions filed on behalf of the applicant on 13 April
2017. On 2 May 2017, Council confirmed that it considered the applicant’s
submissions to be satisfactory in addressing any implications arising from
Amendment VC110 and did not have any further comment.
7
I consider that the amendment to the purposes of the GRZ is relevant for the
purposes of this application3. The amended GRZ includes within its
purposes:
To encourage development that respects the neighbourhood character
of the area.
To encourage a diversity of housing types and housing growth
particularly in locations offering good access to services and transport.
8
These purposes now require a respect for neighbourhood character rather
than the more robust requirement to implement neighbourhood character
policy and guidelines. The previous reference to ‘moderate’ housing growth
has been removed, now providing general encouragement for housing
growth, not restricted to moderate growth.
9
As noted in the written submissions of Mr Skinner on behalf of the
applicant, I am still required to consider local policy and the neighbourhood
character of the area. However, the amendment of the GRZ purposes has
lessened both the emphasis on neighbourhood character and on limiting
increases in new dwellings.
10
The site is proximate to both the Brandon Park major activity centre and the
Wheelers Hill neighbourhood activity centre and is reasonably well sited
with respect to public transport (bus routes), primary and secondary schools
and public open space (400 metres from Brentwood Reserve).
11
The street has a relatively intact streetscape with original housing stock and
limited subdivision in the immediate vicinity. The street is characterised by
single detached dwellings set back from the street with driveways and
carports/garages on side boundaries.
12
However, within this setting, the landscape contribution to the preferred
‘garden city character’ differs greatly, with many properties having little or
no planting of trees or lawn in their front setbacks.
13
Although a Vegetation Protection Overlay (VPO) has been applied to the
land to the north of Ferntree Gully Road and the east of Darnley Grove, the
VPO does not apply to the subject site.
LOCAL PLANNING POLICY
14
Clause 21.03-5 details the core value of the ‘Garden City Character’ held by
Council. The garden city vision aims to maintain and enhance the
3
The transitional provisions at clause 32.08-14 of the amended GRZ confirm that the minimum
garden area requirement of clause 32.08-4 and the maximum building height and number of
storeys requirements of clause 32.08-9, as introduced by VC110, do not apply to this proceeding.
VCAT Reference No. P1745/2016
Page 5 of 17
established canopy treed environment throughout the municipality,
continuing its significance in defining the City of Monash.
15
Council’s Residential Development and Character Policy recognises the
challenge of increasing housing diversity while maintaining the garden
character of Monash:
The competing interests of incremental change and housing diversity
with maintenance of the existing neighbourhood character, require
careful planning to ensure that developments achieve high quality
design outcomes that respects either the existing neighbourhood
character or contributes to a preferred neighbourhood character.
The Garden City Character, as identified in the Municipal Strategic
Statement, is a core value held by the community and Council as a
significant and important consideration in all land use and
development decisions in most residential areas. 4
16
Clause 22.01-3 includes a number of policies relevant to this proposal, in
relation to building setbacks, maintenance of Garden City Character,
vehicle crossovers, built form and scale of development, fences,
landscaping, private open space and walls adjacent to side boundaries.
17
With respect to the subject site specifically, the desired future character
statement for Residential Character Type ‘E’ provides as follows:
The urban character of this area will evolve within a landscape that
has a large number of native trees spread throughout both the public
and private domain providing an overhead canopy visually unifying
the diverse built-form of some neighbourhoods and providing a strong
relationship with the semi-natural landscape of Dandenong Creek.
Dwellings will be designed to sympathetically integrate with any
existing native trees and shrubs on, or adjacent to, the development
site and relate in form and siting to the topography of the Character
Type. Architecture of contemporary excellence that is energy efficient
and sustainable will be encouraged. Building scale, height and bulk
will be generally similar within neighbourhoods. Large scale contrasts
between buildings will be discouraged except where existing trees and
shrubs soften the junction between buildings or where there is a
gradated change in scale.
Setbacks will be varied in many neighbourhoods but will be consistent
within individual streets and will be sufficiently generous to enable
the development of significant native tree canopy and vegetation. The
main unifying element will be the canopy of native trees in both the
public and private domain. Most gardens will be open to the street
with no walls or fences, allowing the soft naturalistic qualities of most
neighbourhoods to be retained. Large walls and fences will be
discouraged except where they are already a visually dominant
streetscape element.
4
Clause 22.01-1, Monash Planning Scheme.
VCAT Reference No. P1745/2016
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The soft quality of the street that is derived in part from the nature
strips will be maintained by ensuring that there is only one single
crossover per lot frontage.
Planting will generally enable filtered views of the architecture and
engender a sense of visual continuity with the street and adjacent
properties.
18
I agree with the submissions of the applicant that Area ‘E’ has been applied
to a large swathe of land within Monash, including areas covered by a VPO
and areas not suitable for medium density development. The description of
desired future character with Area ‘E’ is a fairly general one and allows for
a consideration of the characteristics of the particular neighbourhoods and
streetscapes in which a development is proposed.
19
Amendment C125 proposes to introduce the Monash Housing Strategy
2014 as a reference document within the planning scheme and provides
direction for where growth should occur within Monash and where the
garden character should be protected and enhanced. It recognises the key
issue for Monash as the management of residential growth while preserving
the valued character. Amendment C125 is an amendment adopted by
Council and not yet approved by the Minister for Planning5.
20
The subject site, and most of the municipality’s residential areas, is
proposed to be included in the ‘Garden City Suburbs’ area 8, envisioned for
incremental change. Variations to the GRZ schedules have been proposed
to reflect the content of the housing strategy.
21
Given that the amendment has not yet been introduced into the Monash
Planning Scheme and is still subject to change, both parties prepared their
submissions on the basis of the current planning controls applying to the
site. The parties did agree, however, that with respect to the amendment, the
measurable standards within the proposed GRZ schedule applicable to the
subject site have been met.
WHAT IS THE EFFECT OF THE PROPOSAL ON THE STREETSCAPE AND
DOES THE PROPOSAL RESPECT THE NEIGHBOURHOOD CHARACTER?
22
Council’s grounds of refusal include inconsistency with policy with regard
to built form and scale of development as well as adverse impact on
streetscape and character. Although this is an area still predominantly
comprised of original single storey dwelling stock, housing growth is
supported in the GRZ. Further, the subject site is particularly appropriate
for medium density development, located within reasonable access to
activity centres, schools, public transport and open space.
23
The proposal is for two double storey dwellings, set back between 8.6 and
9.8 metres from Darnley Grove, utilising the north-south orientation to
5
Following the gazettal of VC110, Council is currently considering the implications of the
amendments to the planning scheme on the content of Amendment C125 and whether any
amendments to C125 will be required to ensure that it can achieve its objectives.
VCAT Reference No. P1745/2016
Page 7 of 17
provide north facing rear private open space. Although the dwellings each
have their own entry and their own single garage, the built form has been
designed to read as one dwelling within the streetscape.
24
In an area characterised by single storey dwellings, any change in built form
will differ from the neighbourhood character. The proposed change to two
double storey dwellings on a lot, while different, is not disrespectful of
neighbourhood character or inconsistent with the zoning or modest housing
growth anticipated for this area.
25
The proposal satisfies many of the local policy and Area ‘E’ requirements
as follows:
 The proposed dwelling setbacks are in excess of the GRZ2
requirements and are consistent with the neighbouring dwellings
and the streetscape.
 The front gardens will be open to the street with no walls or fences.
 The proposed planting within the front setback includes
Lophostemon trees to complement the street planting, as per the
policy that the main unifying element of Area ‘E’ to be the canopy
of native trees in both the public and private domain.
 The existing street tree will be retained and protected.
 New vegetation and landscape treatments will be provided,
enhancing the Garden Character within Darnley Grove.
 The pitched roof form and the building materials are respectful of
and complementary to the existing dwelling stock on each side of
the subject site and within the street.
 A setback is provided to the eastern boundary to maintain the
spacing and rhythm of existing built form.
 The design of the dwellings to be read as one dwelling within the
streetscape is respectful of the existing housing stock.
 The garages do not project forward of the dwellings.
 The side by side configuration allows for north facing secluded
open space to be provided at the rear of the dwellings which is
accessed from the living areas and is useable and sufficient for the
recreational needs of residents as well as providing space for
canopy tree planting and screen planting along the rear boundary.
 The policy of limiting the scale and bulk of double storey dwellings
at the rear of properties adjacent to single storey dwellings is
satisfied by the setbacks provided from the rear boundary to the
dwellings, being 7 metres at ground level and between 10 and 11.7
metres at first floor. Both the ground and first floor have also been
articulated and set back along the western boundary to the rear of
VCAT Reference No. P1745/2016
Page 8 of 17
dwelling 1 in order to reduce the impact on the private open space
of the residents of 13 Darnley Grove.
26
Council policy has not been satisfied with regard to the vehicle crossings
for the proposal. Due to the side by side configuration, an additional vehicle
crossing will be required on Darnley Grove. The preference for only one
crossover per lot is included in the general policy at clause 22.01 and also
the specific desired character for Area ‘E’.
27
I accept the submissions of the applicant in this regard and apply the same
reasoning as the Tribunal in Hartono v Monash CC6, where the Tribunal
noted that the policy statements concerning single crossovers must be
considered in the context of the totality of policies and controls that must be
taken into account. The Tribunal further stated that ‘rigid application of this
one policy would prohibit side by side medium density developments and
would limit layouts to one dwelling behind the other with one driveway
serving all dwellings’7. The Tribunal in that case was also considering an
application for two double storey dwellings with north facing rear open
space. Member Bennett’s comments in that regard are also relevant to this
application:
Given the very real amenity benefits to future occupants of the layout
proposed, I am not convinced that the policies concerning crossovers
should prevent what is otherwise a well designed, modestly scaled
medium density development. Relocating the driveway and garage to
obtain access from a single driveway would mean placing the garage
at the northern end of Dwelling 1. As now designed, the generously
sized secluded open space has excellent northern exposure…
28
This site has a generous frontage of over 16 metres. Even allowing for two
3 metre crossovers, the proposal includes a front setback area of
approximately 9 metres by 8 metres which will include canopy trees, shrubs
and lawn planting. There has been additional space set aside within the
frontage at the western and eastern boundaries for planting along the sides
leading to the garages to further soften the built form and enhance the
garden character. The single crossover policy is designed to preserve and
support the key policy of maintaining and enhancing the Garden Character
of Monash. The landscaping plan provided for this proposal has considered
that policy and will be effective to enhance the landscaped character of this
section of the subject site and the streetscape of Darnley Grove in the
vicinity of the site. The provision of a second crossover does not
compromise the ability to provide substantial planting on this site.8
29
In addition to substantially complying with Council’s local policy, I find
that the proposal meets all of the objectives and standards of clause 55 of
6
[2014] VCAT 749 (20 June 2014).
Ibid, at [14].
I note that the ultimate location and width of the eastern crossover is dependent on the advice to be
obtained with regard to retention of the existing street tree. My finding that the second crossover is
acceptable on this site is not reliant on the precise location shown in the amended plans.
7
8
VCAT Reference No. P1745/2016
Page 9 of 17
the Scheme as well as the variations found in the schedule to the GRZ.
Although Council submitted that there was non-compliance with standards
B1 (neighbourhood character), B13 (landscaping) and B31 (design detail),
it is clear from my analysis earlier with regard to these matters that I do not
agree.
Street tree protection
30
There was considerable discussion during the hearing about the protection
and retention of the Lophostemon street tree in front of the subject site.
Although mistakenly noted on the plans as being removed, the applicant
confirmed its intention to retain the tree. There was some confusion about
whether or not the proposed eastern crossover would be located within an
acceptable distance from the required tree protection zone.
31
It was agreed that the precise location of the eastern crossover could be
determined in consultation with Council’s traffic engineer and horticultural
officer to ensure the tree would not be affected, prior to plans being
endorsed pursuant to the permit and commencement of development on the
site.
32
This has been reflected in the conditions.
CONCLUSION ON THE MERITS OF THE PROPOSAL
33
For the reasons given above, the decision of the responsible authority is set
aside. A permit is granted subject to conditions.
REIMBURSEMENT OF THE APPLICATION AND HEARING FEE
Process
34
At the commencement of the hearing, Mr Skinner foreshadowed the
applicant’s intention to apply for reimbursement of the application fee, and
possibly the hearing fee, in this matter.
35
Both parties agreed that written submissions following the hearing with
respect to reimbursement of fees would be appropriate in this case.
36
Following the hearing, I made orders setting out a process for submissions
to be made for the reimbursement of fees under sections 115B and/or
115CA of the Victorian Civil and Administrative Tribunal Act 1998
[VCAT Act]. Submissions from both parties have been received and
considered.
Section 115 of the VCAT Act
37
Pursuant to section 115CA of the VCAT Act an applicant to the Tribunal
under section 79 of the Planning and Environment Act 1987 is entitled to an
order under section 115B that the responsible authority reimburse the
applicant the whole of any fees paid by the applicant in the proceeding.
VCAT Reference No. P1745/2016
Page 10 of 17
38
Sub-section 115CA(3) provides that the presumption of reimbursement of
the fee does not apply if the responsible authority satisfies the Tribunal that
there was reasonable justification for the responsible authority to fail to
grant the permit before the application to the Tribunal, having regard to:
(a)
The nature and complexity of the permit application; and
(b)
The conduct of the applicant in relation to the permit application; and
(c)
Any other matter beyond the reasonable control of the responsible
authority.
Assessment of the application for reimbursement
39
Both parties have provided written submissions with respect to the matters
to be considered pursuant to section 115CA(3).
40
I find that the permit application in this case is routine and straightforward,
rather than complex and there were no other matters beyond the reasonable
control of Council. Without any further consideration, the presumption for
reimbursement of fees would apply.
41
However, the conduct of the applicant in relation to the permit application
is a matter I must consider.
42
The applicant has submitted as follows:
The Permit Applicant did NOT in any manner… cause any delays to
the assessment and determination of the Application. In fact, the
Permit Applicant was keen to keep the Application moving forward as
evidenced by the public notice being erected on site only one (1) day
after the Council direction.
43
The relevant dates provided by the applicant are:
 9 June 2016 – planning permit application lodged.
 8 August 2016 – Council directed advertising.
 9 August 2016 – advertising sign erected on site.
 25 August 2016 – application for review lodged with the Tribunal
on day 76.
44
The Council’s submissions include additional information that was not
provided by the applicant. Council provided a copy of an email sent to the
applicant on 11 July 2016 confirming that no further information is required
and that the application lodged is the same as a previous lapsed application.
As such, the email confirmed that the same concerns remain with the
proposal as per a further information letter provided in response to the
previous application and dated 24 December 2015. The email concluded as
follows:
Please note the proposal in its current form is unlikely to be supported
by Council. Please advise if you would like to amend your proposal
VCAT Reference No. P1745/2016
Page 11 of 17
addressing Council’s concerns or if you would like to proceed to
advertising of the application.
45
The applicant’s response to Council to proceed with advertising was
provided on 25 July 2016.
46
Council’s submissions appear to suggest that the direction for advertising
occurred immediately following receipt of the email. However, the
applicant submitted that the direction occurred on 8 August 2016 and was
carried out on 9 August.
47
I find that the conduct of the applicant in relation to the permit application
provided a reasonable justification for the failure of Council to determine
the application for permit prior to the application to the Tribunal.
48
I make this finding based on the following reasons:
 On 11 July, the Council clearly stated its position with respect to
the application and offered the applicant the option of amending the
application or proceeding to advertising.
 The period of time that lapsed between Council’s email of 11 July
and the applicant’s confirmation to proceed to advertising on 25
July, was a period of time in which the Council did not progress the
application, in good faith.
 There was no undue delay by Council in its initial communication
to the applicant or its later communication concerning advertising
of the application.
 On the basis of the applicant’s submission, the statutory timeframe
would have ended on 9 August. Instead of applying for review to
the Tribunal on that date, the applicant erected public notice of the
application. It then waited until the advertising period was
completed before lodging its application for review.
 The applicant could not have expected a Council decision to be
made immediately following the completion of advertising.
 Given the delay in the applicant confirming with Council that it
wished to proceed with advertising of the application and the fact
that it did choose to proceed with advertising, it was reasonable of
Council to continue to process the application in the usual manner
even though the final decision would be made outside the statutory
timeframes.
 The application for review to the Tribunal was lodged immediately
after completion of advertising. Council was not provided with a
reasonable time in which to complete its consideration of the
application following advertising.
49
I find that the conduct of the applicant in requesting Council to proceed to
advertising and then lodging the application so soon after completion of
VCAT Reference No. P1745/2016
Page 12 of 17
advertising and not providing reasonable time for Council to make a
decision, is sufficient to reverse the presumption for reimbursement of fees
in this matter.
CONCLUSION ON THE APPLICATION FOR REIMBURSEMENT OF FEES
50
For the reasons given above, I decline to make an order for reimbursement
of fees with respect to this application for review.
Judith Perlstein
Member
VCAT Reference No. P1745/2016
Page 13 of 17
APPENDIX A – PERMIT CONDITIONS
PERMIT APPLICATION NO
TPA/46114
LAND
15 Darnley Grove
WHEELERS HILL VIC 3150
WHAT THE PERMIT ALLOWS
In accordance with the endorsed plans:

Construction of two double storey dwellings in the General
Residential Zone, Schedule 2.
CONDITIONS
1
Before the development starts, three copies of amended plans drawn to
scale and dimensioned, must be submitted to and approved by the
Responsible Authority. The submitted plans must clearly delineate and
highlight any changes. When approved the plans will be endorsed and will
then form part of the permit.
The plans must be generally in accordance with the amended plans
circulated by the permit applicant prior to the VCAT hearing (prepared by
Archimedium Australia Pty Ltd, numbered TP3 to TP6 inclusive, labelled
Revision A “VCAT Submission” and dated Jan 17), but modified to show:
(a)
The location and design of any proposed electricity supply meter
boxes. The electricity supply meter boxes must be located at a
distance from the street which is at or behind the setback alignment of
buildings on the site or in compliance with Council’s “Guide to
Electricity Supply Meter Boxes in Monash”.
(b)
The location of gas and water metres.
(c)
Provision of a corner splay at least 50% clear of visual obstructions
(or with a height of less than 1.2 metres), which may include adjacent
landscaping areas with a height of less than 0.9 metres, extending at
least 2.0 metres long x 2.5 metres deep (within the property) on the
east side of Unit 1’s crossing and the west side of Unit 2’s crossing to
provide a clear view of pedestrians on the footpath of the frontage
road.
(d)
The existing (Unit 1) vehicle crossing fully reconstructed to a width of
at least 3m by extending it to the east. The reconstructed crossing
must align with the proposed driveway.
(e)
Retention of the existing street tree.
VCAT Reference No. P1745/2016
Page 14 of 17
(f)
Removal of the notations “remove existing street tree” and “plant a
new large canopy street tree”.
(g)
Redesign and relocation of the eastern crossover and driveway as
required to the satisfaction of Council to ensure that the existing street
tree is protected.
(h)
The louvered screen serving Unit 1’s rear west first floor bedroom
window to have a minimum height of 1700mm above finished floor
level and a maximum transparency of 25%.
(i)
Light courts with a minimum dimension of one (1) metre clear to the
sky, not including land on abutting lots, for the following windows:

Unit 1: west facing kitchen window

Unit 2: east facing windows serving kitchen and family room
2
The development as shown on the endorsed plans must not be altered
without the written consent of the Responsible Authority.
3
All common boundary fences are to be a minimum of 1.8 metres above the
finished ground level to the satisfaction of the Responsible Authority. The
fence heights must be measured above the highest point on the subject or
adjoining site, within 3 metres of the fence line.
4
The walls on the boundary of adjoining properties shall be cleaned and
finished in a manner to the satisfaction of the Responsible Authority.
5
Once the development has started it must be continued and completed to the
satisfaction of the Responsible Authority.
Tree Protection and Landscaping
6
Before the development (including demolition and any site works) starts, a
tree protection fence must be erected at a minimum setback of 2.8 metres
from the trunk of the tree within the front nature strip to define a Tree
Protection Zone. The fence must be constructed of wire or similar as per the
relevant Australian Standards to the satisfaction of the Responsible
Authority. The tree protection fence must remain in place until construction
is completed.
7
A landscape plan generally in accordance with the plan dated February
2017 and prepared by Habitat Landscape and Environmental Design
Consultants, drawn to scale and dimensioned must be submitted to and
approved by the Responsible Authority prior to the commencement of any
works. The plan must show the proposed landscape treatment of the site
including:
the location of all existing trees and other vegetation to be retained on
site;

provision of canopy trees with spreading crowns located throughout
the site including the major open space areas of the development;
VCAT Reference No. P1745/2016
Page 15 of 17

planting to soften the appearance of hard surface areas such as
driveways and other paved areas;

a schedule of all proposed trees, shrubs and ground cover, which will
include the size of all plants (at planting and at maturity), their
location, botanical names and the location of all areas to be covered
by grass, lawn, mulch or other surface material;

the location and details of all fencing;

the extent of any cut, fill, embankments or retaining walls associated
with the landscape treatment of the site;

details of all proposed hard surface materials including pathways,
patio or decked areas.
Tree planting should be kept clear of the easement.
When approved the plan will be endorsed and will then form part of the
permit.
8
Before the occupation of the buildings allowed by this permit, landscaping
works as shown on the endorsed plans must be completed to the satisfaction
of the Responsible Authority and then maintained to the satisfaction of the
Responsible Authority.
Vehicle access and car parking
9
Approval of the proposed crossings, and a permit for installation or
modification of any vehicle crossing is required from Council’s
Engineering Department.
10
The proposed crossings are to be constructed in accordance with the City of
Monash standards.
Engineering
11
12
All on-site stormwater is to be collected from hard surface areas and must
not be allowed to flow uncontrolled into adjoining properties. The on-site
drainage system must prevent discharge from each driveway onto the
footpath. Such a system may include either:
(a)
a trench grate (150 mm minimum internal width) located within the
property; and/or
(b)
shaping the driveway so that water is collected in a grated pit on the
property; and/or
(c)
another Council approved equivalent.
Stormwater discharge is to be detained on-site to the predevelopment level
of peak stormwater discharge. Approval of any detention system is
required from Council prior to works commencing.
VCAT Reference No. P1745/2016
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13
The nominated point of stormwater connection for the site is to the south
west corner of the property where the entire site's stormwater drainage must
be collected and free drained via a pipe to the 225mm Council drain to
Council’s standards. (A new pit is to be constructed to Council Standards if
a pit does not exist or is not a Council standard pit). Note: If the point of
connection cannot be located then notify Council's Engineering Department
immediately.
14
Any new drainage work within the road reserve or connection in to a
Council easement drain requires the approval of the Council's Engineering
Division prior to the works commencing. A refundable security deposit of
$500 is to be paid prior to the drainage works commencing.
15
Engineering permits must be obtained for new or altered vehicle crossings
and new connections to Council pits and these works are to be inspected by
Council (telephone 9518 3555).
16
Reductant vehicle crossings to be removed and reinstated with kerb and
channel to the satisfaction of Council.
Time Limit
17
This permit will expire in accordance with section 68 of the Planning and
Environment Act 1987, if one of the following circumstances applies:

The development is not started before 2 years from the date of issue.

The development is not completed before 4 years from the date of
issue.
In accordance with section 69 of the Planning and Environment Act 1987,
the responsible authority may extend the periods referred to if a request is
made in writing before the permit expires, or within six months of the
permit expiry date, where the development allowed by the permit has not
yet started; or within 12 months of the permit expiry date, where the
development has lawfully started before the permit expires.
– End of conditions –
VCAT Reference No. P1745/2016
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