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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
ADMINISTRATIVE DIVISION
VCAT REFERENCE NO. P18/2009
PLANNING AND ENVIRONMENT LIST PERMIT APPLICATION NO. TP448/2008
CATCHWORDS
Section 82 of the Planning and Environment Act 1987, Maribyrnong Planning Scheme, Impact on
heritage building, Waiving of loading bay, Student accommodation
APPLICANT Tamara & Lindy Arc-Dekker
RESPONSIBLE AUTHORITY Maribyrnong City Council
RESPONDENT Map Concepts Pty Ltd
SUBJECT LAND 12-18 Napier Street, Footscray
WHERE HELD Melbourne
BEFORE Tracey Bilston-McGillen, Member
HEARING TYPE Hearing
DATE OF HEARING 15 June 2009
DATE OF ORDER 20 July 2009
CITATION Arc-Dekker v Maribynong CC & Ors [2009]
VCAT 1402
ORDER
1 The application for permit is amended pursuant to Clause 64 of Schedule 1
of the Victorian Civil and Administrative Tribunal Act 1998 by substituting
the plans accompanying the permit application with Plans identified as
Drawings prepared by hayball and dated 13.5.09.
2 Pursuant to section 127 of the Victorian Civil & Administrative Tribunal
Act 1998 the application is amended by changing the name of the applicant
to:
Map Concepts Pty Ltd
3 The decision of the Responsible Authority is affirmed. In permit
application TP448/2008 a permit is granted and directed to be issued for the
land at 12-18 Napier Street, Footscray. The permit allows:
To use and develop the land for the purpose of constructing a
residential building (student accommodation), two shops, to reduce
the carparking requirement, to waive the loading and unloading
requirement and to alter a crossover to a Road Zone Category 1
in accordance with the endorsed plans and subject to the conditions
contained in Appendix A.
Tracey Bilston-McGillen
Member
VCAT Reference No. P18/2009 Page 2 of 17
APPEARANCES
For Applicant for Tamara & Lindy Arc-Dekker, appeared in person.
Review
For Responsible Ms A Allison, town planner.
Authority
For Permit Applicant Mr N Crawford, Solicitor, Best Hooper.
He called the following witnesses:
Mr K Twite, town planner, SJB consultants.
Ms Y von Hartle, urban designer, peckvonhartle.
Ms C Dunstan, traffic engineer, Traffix Group.
Ms R Riddett, heritage Anthemion Consultancies.
INFORMATION
Description of To use and develop the land for the purpose of
Proposal constructing a residential building (student
accommodation), two shops, to reduce the carparking
requirement, to waive the loading and unloading
requirement and to alter a crossover to a Road Zone
Category 1.
Nature of Application Section 82 Planning and Environment Act 1987]
Zone and Overlays Mixed Use Zone.
Development Contribution Plan Overlay Schedule 6.
Permit triggers cl 32.04-1 and 32.04-7 use of land for accommodation
and construct a building or carry out works.1-1 (use for
child care centre in R1Z).
cl 45.06 development contribution required.
Planning policy State Planning Policy Framework clauses: 12
Metropolitan Melbourne, 15.12 Energy Efficiency,
16.02 Medium Density Housing, 17.02 Business, 18.02
Car Parking and Public Transport Access to New
Development, 18.03 Bicycle Parking, 18.09 Water
Supply, Sewerage and Drainage, 19.03 Design and
Built Form.
VCAT Reference No. P18/2009 Page 3 of 17
Planning policy cont, Local Planning Policy Framework clauses: 21
Municipal Strategic Statement, 21.02-1 Buckley, Napier
and Victoria Streets MUZ Policy 1, 22.08 Potentially
Contaminated Land Policy.
Land description The subject site is located on the north-eastern side of
Napier Street, Footscray at the intersection of Napier
and Moreland Streets. The site comprises of three
separate titles, is a regular shape with a frontage to
Napier Street of 50 metres, sideages of 28 metres and a
total site area of 1,408 square metres.
The site slopes moderately upwards from the street
(south) to the rear (north).
The site is currently vacant.
There are vehicle crossovers from the site to both
streets.
A large Elm tree is located within the Moreland Street
nature strip.
REASONS
1 This is a case where there is overwhelming support for the proposal in
terms of urban consolidation policies. The proposal achieves and
contributes to urban consolidation policies and the implementation of
Melbourne 2030. It will provide student accommodation close to an
activity centre, close to university campuses, public transport and the
central activity district.
2 The re-development of the site is supported by Council. Clause 21.03
Vision 2011 outlines the future vision for the City of Maribyrnong to 2011.
It notes that significant development in and around the existing tertiary
educational establishments will occur, resulting in an improved range of
student accommodation and education choice and opportunities for local
residents.
3 The mixed use land use and zone policy identifies the need for a variety of
mixed use zones to provide a wider variety of employment opportunities in
the future and the need to enhance the image of gateways to the city and
activity centres.
4 I agree with the assessment of Council that the proposed use is closely
aligned with the objectives for metropolitan Melbourne. It is a mixed use
development including a small retail component and offering student
accommodation in a location that is supported by the existing educational
campuses.
VCAT Reference No. P18/2009 Page 4 of 17
5 Ms Arc-Dekker submitted that they had no real concern regarding the
proposed use of the building or the overall design of the building. Their
concerns relate to:
i The impact of the proposed building on their property adjoining to the
north at 98 Moreland Street.
ii The lack of car parking for customers and lack of a loading and
unloading. Bay.
6 I have no concern with the issues of overlooking, overshadowing, provision
of car parking for the student accommodation use. I also have no concern
with that the site is located within the Coode Island buffer guideline as
established by the Environment Protection Authority. Council submitted
that the site is on the periphery of the 1000 metre buffer and as such, the
extent of the intrusion is minor. The proposal was referred informally to
the EPA who stated:
The site is located some 800 metres from the Coode Island Major
Hazard Facilities and is adjacent to existing residential uses.
Developing this site as accommodation for 120 students represents an
intensification of the residential population density in the vicinity of
Coode Island, but given that are [sic] many existing residential uses at
a similar distance, EPA has no objection to this particular application.
7 The issues of concern that I will address include:
Is the building appropriate for the site having regard to its location and
the impact on 98 Moreland Street, Footscray?
The lack of car parking for customers and lack of a loading and
unloading bay.
Basis of Decision
Is the building appropriate for the site having regard to its location and the
impact on 98 Moreland Street, Footscray?
Heritage considerations
8 There are a number of provisions and policies that guide the form of
development on the site. These include 19.03 Design and Built Form,
22.02 Buckley, Napier and Victoria Streets MUZ Policy and 52.25 Urban
Context and Design Response for Residential Development of Four or More
Storeys. The policies seek to achieve development of high quality urban
form, environmentally sustainable design and supported by existing
infrastructure.
9 The subject site is not located within a Heritage Overlay. Concern was
raised regarding the impact of the proposed building on the adjoining
dwelling to the north. No. 98 Moreland Street is a two storey property that
is included within a Heritage Overlay 45 cited as ‗Early Building
VCAT Reference No. P18/2009 Page 5 of 17
archaeological site 98 Moreland Street, Footscray‘. The objectors raised
the following concerns with the proposed building:
It conflicts with Councils Cultural heritage policy at clause 22.11 as
the building does not support the visual dominance of their property,
will obscure the public view of it and does not conform visually to the
typical contributory elements of the property. Essentially, it was
submitted that the proposed building would dramatically overwhelm
the property at 98 Moreland Street, Footscray.
It conflicts with clause 22.02-4 Mixed Use Zone Land Use and
Development Policy in that it does not reflect the prevailing
streetscape with regard to residential height patterns in the street and
is placed too close to the heritage building.
The scale of the building is disproportionately high when compared to
other residences.
The height of the Department Human Services building located on the
opposite corner of Moreland and Napier Streets cannot be used to
justify the proposed height of the building.
10 Ms Riddett submitted that the identified significance of 98 Moreland Street
referred to as Mitchell‘s Bakers Shop & residence, is essentially related to
its function as a bakery and its bakery and its architectural detailing, which
illustrates the various individual building elements. She further addressed
the question what impact will the proposed new building have on any
heritage values relating to the bakery and hotel sites and made the following
comments:
The proposed building has been responsive to the obvious visual
heritage attributes of the baker building to the north and the Exchange
Hotel to the west.
The residential blocks have been set back a respectful distance form
the bakery.
The highest point of the proposed building is located on the south east
area of the subject site, the furthest point away from either of the
heritage buildings.
Their (adjoining heritage buildings) aesthetic attributes and
archaeological values will not be affected.
11 I am persuaded that the proposed building has been respectful and will not
affect the archaeological value of the adjoining heritage buildings, being the
Hotel and No. 98 Moreland Street for the following reasons:
The north elevation, which faces No.98 Moreland Street, has been
designed in two separate schemes with the east being generally flat
and clad in metal whereas the west contains balconies with metal
VCAT Reference No. P18/2009 Page 6 of 17
louvre privacy screens, full height glazed doors and profiled metal
deck wall cladding.
As the building increases in height the setback from the northern
boundary also increases. The ground floor is set on the northern
boundary increasing to a 2.491 metre setback at level 2 and increasing
further to 8.58 metres at level 4. The increase in setbacks is
appropriate as the built form steps away from No.98 Moreland Street.
As to the concern that the view across the subject site to the side of 98
Moreland Street will be lost, this view is not a historic view and would
not traditionally been available. It is only available now due to the
vacant nature of the subject site.
No views of significant places will be obscured.
The two adjoining heritage buildings will remain as distinctive
heritage buildings. The bakery at No.98 Moreland Street will still sit
as a proud building to Moreland Street.
12 Having regard to the Heritage Overlay, I find that the proposed
development is appropriate.
Mixed Use policy
13 Having regard to the mixed use policy, the site is identified as being within
Buckley, Napier and Victoria Streets policy at clause 22.02, which seeks to:
To enhance the gateway image of these areas and to encourage
quality development and presentation.
To encourage the growing mixed use character of these
precincts -- in particular, to encourage non-residential activity
and create new opportunities for a wide range of sustainable
employment.
To encourage the preservation of period buildings -- particularly
on the south side of Buckley Street between Victoria and Arran
Streets and new development, which is compatible with
remaining period character.
To ensure that industrial/commercial activity is compatible with
dwellings in the zone and in adjacent residential zones.
To encourage above-ground residential use in new
developments, in ways that offer protection from traffic noise.
14 The key locational advantages of the site is its close proximity to a range of
services including shops, public transport and major tertiary educational
institutions including Footscray VUT and TAFE Footscray Campus. The
site is a highly visible corner site on a main arterial link into Footscray from
the CBD with views to the docks and city skyline.
1
The setback distance referred to is measured from the existing fence line, not the surveyed boundary
line.
VCAT Reference No. P18/2009 Page 7 of 17
15 It was put to me by Ms von Hartle that the design is appropriate as the
building enhances liveability as it brings residential uses to the Footscray
gateway precinct and provides good oversight of the public realm. She
further submitted that the architect‘s design response demonstrates an
understanding of the urban context; sited on a major arterial road and
abutting an existing residential area, the design of the proposed
development allows a smooth transition from an industrial area to a
residential precinct.
16 I am persuaded by the evidence that the site is located on an extremely busy
and prominent main arterial road. The height of the proposed building is
higher than adjoining buildings, but not, in my opinion, out of character
with the area. The building height sits comfortably in its context. The
location cannot ignore the DHS building. The proposed building can sit
proud on the corner of the site. It appropriately steps down towards the
interfaces with adjoining lots, allowing these adjoining buildings to read as
buildings within their own context and minimising the impact on these
buildings.
17 I find that the proposed development is supported by the mixed use policy.
The lack of car parking for customers and lack of a loading and unloading bay
18 Concern was raised that the proposal provided inadequate car parking and
no loading or unloading bay.
19 The proposed development provides four spaces in the basement for the
commercial tenancies i.e. 2 spaces per tenancy in a tandem arrangement. I
heard evidence that the provision of car parking for the commercial tenancy
was sufficient having regard to:
It is expected that the retail uses on the site will principally service the
proposed student accommodation units, thereby reducing customer
parking demands.
Customer car parking demands will be met on-street within the
available parking resources in the nearby area, which is appropriate in
this development. In practice, these demands will be minimal and will
not adversely impact on existing parking conditions in the area.
20 I am satisfied that the parking provided for the commercial tenancy is
adequate. Given the small size of the retail tenancies at 72 and 73 square
metres, it is a reasonable assumption that the use will principally service the
student accommodation units. I have also had regard to the decision
guidelines at clause 52.06 which allow for a waiver in where it can be
justified that there is sufficient availability of public transport and
availability of car parking in the locality.
21 The objectors were concerned about the lack of a loading bay. Ms Dunstan
in her evidence submitted that it is reasonable to waive the requirement for
a loading bay given the size of the retail tenancies and the anticipated
VCAT Reference No. P18/2009 Page 8 of 17
deliveries by smaller commercial vehicles, the loading activities could
easily be accommodated on-street in the nearby area.
22 To address the issue of potential noise associated with the loading in the
absence of a loading bay, a proposed condition was discussed as follows:
No delivery before 6.00am or after 7.00pm for deliveries on Moreland
Street.
23 I find that the loading bay requirement can be waived subject to the
inclusion of the above condition. I acknowledge that the size of the retail
tenancies are likely to result in smaller vans or delivery trucks, but
unloading is limited to Moreland Street due to the ‗no standing‘ restrictions
on Napier Street. The condition acknowledges the zoning of the subject
site, which is not a residential one, but given that Moreland Street is
residential and accommodates residential dwellings, their amenity is
protected. I will require that the above condition is included in the permit
issued.
Conclusion
24 The proposal increases housing opportunities in a location that is well
served by public transport, amenities including retail and community and
well located to serve the educational facilities of Footscray.
25 Having regard to the above, I will affirm the decision of the Council and
order that a permit be issued subject to conditions.
Tracey Bilston-McGillen
Member
VCAT Reference No. P18/2009 Page 9 of 17
APPENDIX A: PERMIT CONDITIONS FOR 12-18 NAPIER STREET,
FOOTSCRAY
To use and develop the land for the purpose of constructing a residential building
(student accommodation), two shops, to reduce the carparking requirement, to
waive the loading and unloading requirement and to alter a crossover to a Road
Zone Category 1
1 Before the use and development starts, amended plans must be submitted to
the satisfaction of 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 generally in accordance with the plans considered at the
VCAT hearing, prepared by hayball and dated 13.5.09 but modified to
show:
(a) The existing footpath alignment in Moreland Street is to be retained.
(b) An 800mm wide opening in the wall between the car park ramp and
the terrace of Unit G. 16, to provide visibility for cars exiting the
basement and improve pedestrian safety.
(c) Windows along the southern facade to Units 3.27,4.10, and 5.10
increased in width by 200mm ensuring continued acoustic buffering
(d) A 300mm increase in openings to the balconies of Units 3.27, 4.10,
and 5.10 to improve natural light
(e) All balconies located along the Moreland Street frontage enlarged to
the full width of each unit
(f) Additional narrow windows added to the western facade of Units 1.01,
2.01, and 3.01 to allow for additional natural light.
(g) Fixed horizontal screening to 1.7m in height to the balconies of north
facing units 1.01- 1.07, .01-2.05, and 3.01-3.05 to prevent overlooking
(h) The solid blade wall to the north facing balconies of Units 2.14,
3.14,4.01, and 5.01be relocated to the eastern side to angle views
away from the south facing window near the boundary on 98-100
Moreland Street -
(i) The window at the end of the corridor on level 1 to be opaque to
ensure privacy into the adjacent property
(j) All environmentally sustainable design features listed in the letter
from SJB dated 20 November 2008 to be noted as appropriate.
2 No deliveries to the commercial tenancies before 6.00am or after 7.00pm on
any day for deliveries on Moreland Street.
VCAT Reference No. P18/2009 Page 10 of 17
3 The use and development as shown on the endorsed plans must not be
altered without the written consent of the Responsible Authority.
4 Once the development has started, it must be continued and completed to
the satisfaction of the Responsible Authority.
Development Contributions Plan Overlay requirement
5 Prior to the issue of the Building Permit, the owner of the land must pay a
development contribution levy of $54 000 based on 120 net new dwellings
to the Maribymong City Council in accordance with Schedule 6 to the
Development Contributions Plan Overlay under the Maribymong Planning
Scheme.
Environmental site assessment requirements
6 Prior to the commencement of the use of the land for the purposes of
Student Accommodation and shops either:
(a) A Certificate of Environmental Audit must be issued for the land
pursuant to Section 53Y of the Environment Protection Act 1970,
or
(b) A Statement of Environmental Audit must be issued for the land
pursuant to Section 53Z of the Environment Protection Act 1970. The
Statement must state that the land is suitable for the use and
development allowed by this permit.
Two (2) copies of the Environmental Audit Report and Certificate of
Environmental Audit or Statement of Environmental Audit must be
submitted to the Responsible Authority.
7 Building works to facilitate remediation may commence prior to the
completion of a Certificate of Environmental Audit or Statement of
Environmental Audit provided that a Remediation Action Plan (RAP) and
an environmental Management Plan (EMP) for the subject site is prepared
to the satisfaction of the Responsible Authority for the use and development
allowed by this permit
8 The Remediation Action Plan (RAP) and an Environmental Management
Plan (EMP) for the subject site must be prepared:
With the written consent of the EPA appointed
environmental auditor responsible for issuing the
Certificate or Statement of Environmental Audit for the
subject site and the Responsible Authority.
Prior to the commencement of any building works to
facilitate remediation on the subject site, and must comply
with EPA publication 480 ―Environmental Guidelines for
Major Construction Sites February 1996‖,
—
and submitted to the EPA appointed environmental auditor
for review and a written agreement.
VCAT Reference No. P18/2009 Page 11 of 17
Copies of the RAP & EMP (including any updated versions) and written
agreement must be provided to the Responsible Authority prior to the
commencement of any building works to facilitate remediation on the
subject site. No changes shall be made to the RAP or EMP unless agreed to
in writing by the EPA appointed environmental auditor, and the
Responsible Authority.
9 All the conditions of the Statement of Environmental Audit and any
associated plan must be to the satisfaction of the Responsible Authority and
must be complied with to the satisfaction of the Responsible Authority.
10 Prior to the commencement of the use, issue of a certificate of occupancy
under the Building Act 1993, or certification under the Subdivision Act
1988, a letter must be submitted to the satisfaction of the Responsible
Authority, by a suitably qualified environmental professional to verify that
the conditions of the Statement of Environmental Audit issued for the land
have been complied with and any associated environmental management
plan and remediation action plan, satisfactorily implemented.
Section 173 Agreement requirements
11 Prior to the commencement of the use and/or development and prior to the
certification of any plan of subdivision, the owner must enter into an
agreement with the Responsible Authority made pursuant to section 173 of
the Planning and Environment Act 1987 to provide for the following;-
(a) The owner and any subsequent owners must meet any ongoing
maintenance or monitoring conditions detailed in the Statement of
Environmental Audit and any associated environmental management
plan and remediation action plan.
(b) The student housing component shall be for the exclusive
accommodation of students enrolled full time at a secondary or
tertiary level educational institution. The dwelling unit must be
vacated within 3 months of completion of full time studies or upon
expiration of a leasing agreement, whichever is the latter;
(c) The student housing component shall operate in accordance with a
management plan to the satisfaction of the Responsible Authority.
Such plan must make provision for:
on site management of the operation
maintenance, cleaning, garbage storage and collection
supervision and security of the site
limitation of noise to prevent disturbance to abutting
properties
exclusive use of the leisure recreation and laundry facilities
by tenants and guests of the building
VCAT Reference No. P18/2009 Page 12 of 17
notification prior to the occupancy to tenants of the use
hereby permitted that the sits has no provision for parking,
that the surrounding streets have limited on street parking,
that parking restrictions may change from time to time and
that parking permits for tenants will not be issued by the
Responsible Authority, referencing to the parking and
public transport management plan/green travel plan
Clotheslines of any form must not be erected on the
balcony areas or on any structure visible from the street. In
addition, the balcony areas must not be used as storage
areas or contain any structures not normally associated with
the use of these areas
waste storage, recycling and collection management plan
must be prepared and implemented for the commercial and
residential uses to the satisfaction of the Responsible
Authority
An application must be made to the Registrar of Titled to register the
Section 173 agreement on the title to the land under section 181 of the Act.
The owner/operator under this permit must pay all costs associated to the
preparation, execution and registration of the Section 173 Agreement.
Construction Management Plan requirements –
12 Prior to any works commencing on the land a ―Construction Management
Plan‖ (CMP) must be prepared the satisfaction of the Responsible
Authority, detailing how the owner will manage the environmental and
construction issues associated with the development. The ―Construction
Management Plan‖ when approved will form part of the permit and must be
implemented to the satisfaction of the Responsible Authority. The CMP
must address: the contact name and phone number(s) of the site manager,
any demolition,
bulk excavation,
management of the construction site,
land disturbance,
hours of construction,
noise,
control of dust,
public safety,
traffic management,
construction vehicle road routes,
soiling and cleaning of roadways,
VCAT Reference No. P18/2009 Page 13 of 17
discharge of any polluted water,
security fencing, disposal of site waste and any potentially
contaminated materials,
crane locations during construction,
location of site offices,
redirection of any above or underground services,
site lighting during any night works.
Public Transport/Green Travel Plan requirements
13 Before the use of the land commences, a Green Travel Plan must be
prepared to the satisfaction of the Responsible Authority. The Plan must be
prepared by a suitably qualified person and must encourage the use of non-
private vehicle transport modes by the occupiers of the land. The Plan must
include, but not be limited lo the following:
(a) A description of the location in the context of alternative modes of
transport and objectives for the Green Travel Plan;
(b) Outline Green Travel Plan measures for the development including,
but not limited to:
(i) household welcome packs tram, train and bus timetables
-
relevant to the local area must be included in the pack of
information provided to purchasers upon a purchaser‘s
occupation of an apartment;
(ii) bicycle parking and facilities available on the land;
(iii) monitoring & review; and
(iv) a plan showing:
the bicycle parking areas for use by residents and
commercial occupiers of the building; and
The Green 1arael Plan must not be amended without the written consent of
the Responsible Authority
Landscape plan requirements
14 Before the development starts, a landscape plan generally in accordance
with the City of Maribyrnong Landscape Guidelines dated August 2005
must be submitted and be to the satisfaction of the Responsible Authority.
When approved, the plan will be endorsed and will then form part of the
permit. The plan must be drawn to scale with dimensions and three copies
must be provided.
The plan must show:
(a) The location of buildings and trees on neighbouring properties within
3 metres of the boundary;
VCAT Reference No. P18/2009 Page 14 of 17
(b) Details of surface finishes of pathways and driveways;
(c) A planting schedule of all proposed trees, shrubs and ground covers,
including botanical names, common names, pot sizes, sizes at
maturity, and quantities of each plant
15 Before the use and/or occupation of the development starts or by such later
date as is approved by the Responsible Authority in writing, the
landscaping works shown on the endorsed plans must be carried out and
completed to the satisfaction of the Responsible Authority.
Amenity requirements
16 The walls on the boundary of the adjoining properties shall be cleaned and
finished to the satisfaction of the Responsible Authority.
17 All visual screening and measures to prevent overlooking to adjoining
properties must be erected prior to the occupation of the buildings to the
satisfaction of the Responsible Authority.
18 All pipes, fixtures, fittings and vents servicing any building on the site must
be concealed in service ducts or otherwise hidden from view to the
satisfaction of the Responsible Authority.
19 No plant, equipment, services or architectural features other than those
shown on the endorsed plans are permitted above the roof level of the
building(s) without the written consent of the Responsible Authority.
20 External lighting must be designed, baffled and located so as to prevent any
adverse effect on adjoining land to the satisfaction of the Responsible
Authority. –
21 All security alarms or similar devices installed on the land must be of a
silent type in accordance with any current standard published by Standards
Australia International Limited and be connected to a security service.
Infrastructure Requirements
22 Vehicular crossing(s) must be constructed and/or modified to the road to
suit the proposed driveway(s) to the satisfaction of the Responsible
Authority.
23 All disused or redundant vehicle crossings must be removed and the area
reinstated with either/or footpath, naturestrip, kerb and channel to the
satisfaction of the Responsible Authority.
24 The site must be drained to the satisfaction of the Responsible Authority.
Storm water run-off from the site must not cause any adverse impact to the
public, any adjoining site or Council asset. Stormwater from all paved area
has to be drained to underground storm water system. Any cut, fill or
structure must not adversely affect the natural storm water runoff from and
to adjoining properties.
VCAT Reference No. P18/2009 Page 15 of 17
25 No polluted and/or sediment laden runoff is to bb discharged directly or
indirectly into Council‘s drains or watercourses during and after
development.
26 Prior to the commencement of any works on the site and/or subdivision of
the land, the owner must submit for approval to the Responsible Authority
(Infrastructure Planning Section) drainage plans to the legal point of
discharge requirements.
27 No existing abutting street boundary levels adjacent to the proposed
development are to be altered without the consent and approval of the
relevant authority.
28 All pedestrian ingress and egress to an from the development is to at grade
from the existing abutting street levels
29 Access to the possible future substation to be at grade from the existing
abutting street levels and the design is to incorporate current authority
requirements.
30 A method statement for construction of the proposed development must be
submitted to and be to the satisfaction of Councils Infrastructure Planning
and Construction Section prior to the commencement of any construction
works.
Tree Protection Requirements
31 Before the development (including any demolition works) starts, a tree
protection fence must be erected around the elm tree (Ulmus sp.) in the
Moreland Street naturestrip in accordance with the recommendations
contained in the Arborcultural Report prepared by Treelogic dated 1 August
2008. The tree protection fence must remain in place until construction is
completed.
32 No vehicular or pedestrian access, trenching or soil excavation is to occur
within the tree protection zone without the written consent of the
Responsible Authority. No storage or dumping of tools, equipment or waste
is to occur within the Tree Protection Zone.
Department of Transport Requirements
33 No more than 16 car parking spaces are to be provided on site without the
prior consent of the Director of Public Transport.
VicRoads Requirements 1-7 (VicRoads reference 0433504)
34 Vehicular movements off and onto must the site must be made in a forward
in forward out manner.
35 To the satisfaction and at no cost to VicRoads and the Responsible
Authority the proposed crossover to Moreland Street shall be constructed to
a minimum width of 4 metres at the property line, flared 60 degrees with
3metre radial turnouts and 1.0 metre clearance to any obstructions.
VCAT Reference No. P18/2009 Page 16 of 17
36 The two existing crossovers to Napier Street shall be removed and the kerb
and channel reinstated to the satisfaction of and at no cost to the
Responsible Authority
37 At no cost to VicRoads and the Responsible Authority, the developer will
be responsible for the relocation of any road furniture and other services
that may be required in this work.
38 Worksite traffic management practices for all work undertaken within the
Napier Street reserve adjacent to the subject property shall be in accordance
with VicRoads ‗worksite Traffic management (Roadworks Signing) Code
of Practice which includes Australian Standard A51742.3-2002 ―Manual of
Uniform Traffic Controls Devices_ Part 3: Traffic Devises for Works on
Roads‘.
39 A traffic management plan is to be submitted to VicRoads for consent at
least 14 days prior to the commencement of any works on site.
40 Any works associated with the proposed development must be performed at
no cost to VicRoads or the Responsible Authority.
41 This permit will expire if:-
The use and development is not started within two years of
the date of this permit.
Or
The development is not completed within four years of the
date of this permit.
The Responsible Authority may extend the periods referred to if a request is
made in writing before the permit expires, or within three months
afterwards.
VCAT Reference No. P18/2009 Page 17 of 17
