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PROPERTY PARTICULARS
Principle Outgoings
Council rates: TBC
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Water rates: TBC
Owners Corporation: TBC
Land tax: TBC
Site Details
TITLE PARTICULARS
Frontage to Victoria Street: 50 metres*
Northern side boundary: 28 metres*
Eastern side boundary: 45 metres*
Southern side boundary: 29 metres*
Total site area: 1,326 square metres*
Certificate of Title — Volume 8571 Folio 695
Lot 24 on Plan of Subdivision 66655
Certificate of Title — Volume 8571 Folio 696
Lot 25 on Plan of Subdivision 66655
ZONING
General Residential Zone - Schedule 1 (GRZ1)
DANIEL PHILIP DIRECTOR - SOUTHERN REGION
POINT OF INTEREST:
An agent that turns first impressions into lasting commitments. Since the early days of his career, Daniel has established a level of service that is defined by in-depth market knowledge, expert advice and responsive communication. Committed to creating value in the commercial real estate opportunities he matches with his clients’ objectives, and the ability to think outside the square. Especially if that extends well beyond Melbourne’s inner-city grid.
POINT OF VIEW:
“Commercial real estate is underpinned by longevity. In the loyal client partnerships we establish and the value we create on a trusted basis, it’s a partnership that starts here, but sees each individual reach their own objectives.”
M:
32.08
31/07/2018 VC148
General Residential Zone
Shown on the planning scheme map as GRZ , R1Z , R2Z or R3Z with a number (if shown).
Purpose
To implement the Municipal Planning Strategy and the Planning Policy Framework.
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.
To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.
32.08-1
27/03/2017 VC110
32.08-2
14/11/2022 VC227
Neighbourhood character objectives
A schedule to this zone may contain neighbourhood character objectives to be achieved for the area.
Table of uses
Section 1 - Permit not required
Use Condition
Automated collection point
Must meet the requirements of Clause 52.13-3 and 52.13-5.
The gross floor area of all buildings must not exceed 50 square metres.
Bed and breakfast
No more than 10 persons may be accommodated away from their normal place of residence.
At least 1 car parking space must be provided for each 2 persons able to be accommodated away from their normal place of residence.
Community care accommodation
Dependent person’s unit
Domestic animal husbandry (other than Domestic animal boarding)
Dwelling (other than Bed and breakfast)
Home based business
Informal outdoor recreation
Medical centre
Must meet the requirements of Clause 52.22-2.
Must be the only dependent person’s unit on the lot.
Must be no more than 2 animals.
The gross floor area of all buildings must not exceed 250 square metres.
Place of worship
Condition
Must not require a permit under Clause 52.06-3. The site must adjoin, or have access to, a road in a Transport Zone 2 or a Transport Zone 3.
The gross floor area of all buildings must not exceed 250 square metres. The site must adjoin, or have access to, a road in a Transport Zone 2 or a Transport Zone 3.
Racing dog husbandry
Railway
Residential aged care facility
Rooming house
Tramway
Must be no more than 2 animals.
Must meet the requirements of Clause 52.23-2.
Any use listed in Clause 62.01 Must meet the requirements of Clause 62.01.
Section 2 - Permit required
Use Condition
Accommodation (other than Community care accommodation, Dependent person’s unit, Dwelling, Residential aged care facility and Rooming house)
Agriculture (other than Animal production, Animal training, Apiculture, Domestic animal husbandry, Horse husbandry and Racing dog husbandry)
Car park Must be used in conjunction with another use in Section 1 or 2.
Car wash
Convenience restaurant
The site must adjoin, or have access to, a road in a Transport Zone 2 or a Transport Zone 3.
The site must adjoin, or have access to, a road in a Transport Zone 2 or a Transport Zone 3.
Use
Convenience shop
Domestic animal husbandry (other than Domestic animal boarding) – if the Section 1 condition is not met
Food and drink premises (other than Convenience restaurant and Take away food premises)
Grazing animal production
Leisure and recreation (other than Informal outdoor recreation and Motor racing track)
Market
Place of assembly (other than Amusement parlour, Carnival, Cinema based entertainment facility, Circus, Nightclub and Place of worship)
Plant nursery
Service station
Condition
Must be no more than 5 animals.
The site must either: Adjoin a commercial zone or industrial zone.
■
■ Adjoin, or have access to, a road in a Transport Zone 2 or a Transport Zone 3.
The site must not exceed either:
3000 square metres.
■ Store Must be in a building, not a dwelling, and used to store equipment, goods, or motor vehicles used in conjunction with the occupation of a resident of a dwelling on the lot.
■ 3600 square metres if it adjoins on two boundaries a road in a Transport Zone 2 or a Transport Zone 3.
Take away food premises
The site must adjoin, or have access to, a road in a Transport Zone 2 or a Transport Zone 3.
Utility installation (other than Minor utility installation and Telecommunications facility)
32.08-3
31/07/2018
VC148
Any other use not in Section 1 or 3
Section 3 – Prohibited
Use
Amusement parlour
Animal production (other than Grazing animal production)
Animal training
Brothel
Cinema based entertainment facility
Domestic animal boarding
Extractive industry
Horse husbandry
Industry (other than Automated collection point and Car wash)
Motor racing track
Nightclub
Office (other than Medical centre)
Retail premises (other than Convenience shop, Food and drink premises, Market, and Plant nursery)
Saleyard
Transport terminal Warehouse (other than Store)
Subdivision Permit requirement
A permit is required to subdivide land.
An application to subdivide land that would create a vacant lot less than 400 square metres capable of development for a dwelling or residential building, must ensure that each vacant lot created less than 400 square metres contains at least 25 percent as garden area. This does not apply to a lot created by an application to subdivide land where that lot is created in accordance with:
■
An approved precinct structure plan or an equivalent strategic plan;
■
■ A permit for development.
An incorporated plan or approved development plan; or
An application to subdivide land, other than an application to subdivide land into lots each containing an existing dwelling or car parking space, must meet the requirements of Clause 56 and:
■
Must meet all of the objectives included in the clauses specified in the following table.
■
Should meet all of the standards included in the clauses specified in the following table.
16 – 59 lots All except Clauses 56.03-1 to 56.03-3, 56.03-5, 56.06-1 and 56.06-3.
3 – 15 lots All except Clauses 56.02-1, 56.03-1 to 56.03-4, 56.05-2, 56.06-1, 56.06-3 and 56.06-6.
2 lots Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to 56.09-2.
VicSmart applications
Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2.
Class of application Information requirements and decision guidelines
Subdivide land to realign the common boundary between 2 lots where:
■
Clause 59.01
The area of either lot is reduced by less than 15 percent.
■ The general direction of the common boundary does not change.
Subdivide land into lots each containing an existing building or car parking space where:
■
Clause 59.02
The buildings or car parking spaces have been constructed in accordance with the provisions of this scheme or a permit issued under this scheme.
■ An occupancy permit or a certificate of final inspection has been issued under the Building Regulations in relation to the buildings within 5 years prior to the application for a permit for subdivision.
Subdivide land into 2 lots if:
■
The construction of a building or the construction or carrying out of works on the land:
■
■ Has started lawfully.
Has been approved under this scheme or by a permit issued under this scheme and the permit has not expired.
Clause 59.02
32.08-4
The subdivision does not create a vacant lot. ■
Construction or extension of a dwelling or residential building
Minimum garden area requirement
An application to construct or extend a dwelling or residential building on a lot must provide a minimum garden area as set out in the following table:
■
■
An application to construct or extend a dwelling or residential building if specified in a schedule to this zone as exempt from the minimum garden area requirement;
An application to construct or extend a dwelling or residential building on a lot if:
■
The lot is designated as a medium density housing site in an approved precinct structure plan or an approved equivalent strategic plan;
■
32.08-5
■
The lot is designated as a medium density housing site in an incorporated plan or approved development plan; or
An application to alter or extend an existing building that did not comply with the minimum garden area requirement of Clause 32.08-4 on the approval date of Amendment VC110.
Construction and extension of one dwelling on a lot
Permit requirement
A permit is required to construct or extend one dwelling on:
■
A lot of less than 300 square metres.
■ A permit is required to construct or extend a front fence within 3 metres of a street if:
A lot of between 300 square metres and 500 square metres if specified in a schedule to this zone.
■
The fence is associated with one dwelling on:
■
A lot of less than 300 square metres, or
■
A lot of between 300 and 500 square metres if specified in a schedule to this zone, and
■
The fence exceeds the maximum height specified in Clause 54.06-2.
A development must meet the requirements of Clause 54.
No permit required
No permit is required to:
■
■
Construct or carry out works normal to a dwelling.
■ Construct or extend an out-building (other than a garage or carport) on a lot provided the gross floor area of the out-building does not exceed 10 square metres and the maximum building height is not more than 3 metres above ground level.
Make structural changes to a dwelling provided the size of the dwelling is not increased or the number of dwellings is not increased.
VicSmart applications
Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2.
Class of application
Construct an outbuilding or extend a dwelling if the development:
Meets the minimum garden area requirement of Clause 32.084.
■
■
Information requirements and decision guidelines
Clause 59.14
Does not exceed a building height of 5 metres.
■ Is not visible from the street (other than a lane) or a public park.
Meets the requirements in the following standards of Clause 54: A10 Side and rear setbacks.
■ A11 Walls on boundaries.
■ A12 Daylight to existing windows.
■ A13 North-facing windows.
■ A14 Overshadowing open space.
■
■ A15 Overlooking.
For the purposes of this class of VicSmart application, the Clause 54 standards specified above are mandatory.
If a schedule to the zone specifies a requirement of a standard different from a requirement set out in the Clause 54 standard, the requirement in the schedule to the zone applies and must be met.
Construct or extend a front fence within 3 metres of a street if the fence is associated with one dwelling.
Clause 59.03
Construction and extension of two or more dwellings on a lot, dwellings on common property and residential buildings
Permit requirement
A permit is required to:
■ Construct two or more dwellings on a lot.
Construct a dwelling if there is at least one dwelling existing on the lot.
■ Extend a dwelling if there are two or more dwellings on the lot.
■ Construct or extend a dwelling if it is on common property.
■
■ Construct or extend a residential building.
A permit is required to construct or extend a front fence within 3 metres of a street if:
■
■ The fence exceeds the maximum height specified in Clause 55.06-2.
The fence is associated with 2 or more dwellings on a lot or a residential building, and
A development must meet the requirements of Clause 55. This does not apply to a development of five or more storeys, excluding a basement.
An apartment development of five or more storeys, excluding a basement, must meet the requirements of Clause 58.
A permit is not required to construct one dependent person’s unit on a lot.
VicSmart applications
Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2.
Class of application
Construct or extend a front fence within 3 metres of a street if the fence is associated with 2 or more dwellings on a lot or a residential building.
Transitional provisions
Information requirements and decision guidelines
Clause 59.03
Clause 55 of this scheme, as in force immediately before the approval date of Amendment VC136, continues to apply to:
■
An application for a planning permit lodged before that date.
■ Clause 58 does not apply to:
An application for an amendment of a permit under section 72 of the Act, if the original permit application was lodged before that date.
■
■
An application for a planning permit lodged before the approval date of Amendment VC136.
An application for an amendment of a permit under section 72 of the Act, if the original permit application was lodged before the approval date of Amendment VC136.
Clauses 55 and 58 of this scheme, as in force immediately before the approval date of Amendment
VC174, continue to apply to:
■
32.08-7
32.08-8
32.08-9
An application for a planning permit lodged before that date.
■ An application for an amendment of a permit under section 72 of the Act, if the original permit application was lodged before that date.
Requirements of Clause 54 and Clause 55
A schedule to this zone may specify the requirements of:
■
Standards A3, A5, A6, A10, A11, A17 and A20 of Clause 54 of this scheme.
■
Standards B6, B8, B9, B13, B17, B18, B28 and B32 of Clause 55 of this scheme.
If a requirement is not specified in a schedule to this zone, the requirement set out in the relevant standard of Clause 54 or Clause 55 applies.
Residential aged care facility Permit requirements
A permit is required to construct a building or construct or carry out works for a residential aged care facility.
A development must meet the requirements of Clause 53.17 - Residential aged care facility.
Buildings and works associated with a Section 2 use
A permit is required to construct a building or construct or carry out works for a use in Section 2 of Clause 32.08-2.
VicSmart applications
Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2.
Class of application Information requirements and decision guidelines
■
The building or works are not associated with a dwelling, primary school or secondary school and have an estimated cost of up to $100,000; or
■
■
The building or works are associated with a primary school or secondary school and have an estimated cost of up to $500,000; and
The requirements in the following standards of Clause 54 are met, where the land adjoins land in a residential zone used for residential purposes:
■
A10 Side and rear setbacks.
32.08-10
Class of application
A11 Walls on boundaries.
■ A12 Daylight to existing windows.
■ A13 North-facing windows.
■ A14 Overshadowing open space.
■
■ A15 Overlooking.
For the purposes of this class of VicSmart application, the Clause 54 standards specified above are mandatory.
If a schedule to the zone specifies a requirement of a standard different from a requirement set out in the Clause 54 standard, the requirement in the schedule to the zone applies and must be met.
Information requirements and decision guidelines
Maximum building height requirement for a dwelling or residential building
A building must not be constructed for use as a dwelling or a residential building that: exceeds the maximum building height specified in a schedule to this zone; or ■ contains more than the maximum number of storeys specified in a schedule to this zone.
■
If no maximum building height or maximum number of storeys is specified in a schedule to this zone: the building height must not exceed 11 metres; and
■ the building must contain no more than 3 storeys at any point.
■ A building may exceed the applicable maximum building height or contain more than the applicable maximum number of storeys if:
■ There are existing buildings on both abutting allotments that face the same street and the new building does not exceed the building height or contain a greater number of storeys than the lower of the existing buildings on the abutting allotments.
It replaces an immediately pre-existing building and the new building does not exceed the building height or contain a greater number of storeys than the pre-existing building.
■ It is on a corner lot abutted by lots with existing buildings and the new building does not exceed the building height or contain a greater number of storeys than the lower of the existing buildings on the abutting allotments.
■ It is constructed pursuant to a valid building permit that was in effect prior to the introduction of this provision.
■ An extension to an existing building may exceed the applicable maximum building height or contain more than the applicable maximum number of storeys if it does not exceed the building height of the existing building or contain a greater number of storeys than the existing building.
A building may exceed the maximum building height by up to 1 metre if the slope of the natural ground level, measured at any cross section of the site of the building wider than 8 metres, is greater than 2.5 degrees.
32.08-11
26/10/2018
VC152
A basement is not a storey for the purposes of calculating the number of storeys contained in a building.
The maximum building height and maximum number of storeys requirements in this zone or a schedule to this zone apply whether or not a planning permit is required for the construction of a building.
Building height if land is subject to inundation
If the land is in a Special Building Overlay, Land Subject to Inundation Overlay or is land liable to inundation the maximum building height specified in the zone or schedule to the zone is the vertical distance from the minimum floor level determined by the relevant drainage authority or floodplain management authority to the roof or parapet at any point.
Application requirements
An application must be accompanied by the following information, as appropriate:
■
32.08-12
26/10/2018 VC152
32.08-13
24/01/2020
VC160
■ For an apartment development of five or more storeys, an urban context report and design response as required in Clause 58.01.
For a residential development of four storeys or less, the neighbourhood and site description and design response as required in Clause 54 and Clause 55.
■ For an application for subdivision, a site and context description and design response as required in Clause 56.
■ Plans drawn to scale and dimensioned which show: Site shape, size, dimensions and orientation.
■ The siting and use of existing and proposed buildings.
■ Adjacent buildings and uses.
■ The building form and scale.
■
■ Setbacks to property boundaries.
■ The likely effects, if any, on adjoining land, including noise levels, traffic, the hours of delivery and despatch of good and materials, hours of operation and light spill, solar access and glare.
■ Any other application requirements specified in a schedule to this zone.
If in the opinion of the responsible authority an application requirement is not relevant to the evaluation of an application, the responsible authority may waive or reduce the requirement.
Exemption from notice and review Subdivision
An application to subdivide land into lots each containing an existing dwelling or car parking space is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
■
The Municipal Planning Strategy and the Planning Policy Framework.
32.08-14
26/10/2018 VC152
32.08-15
26/10/2018 VC152
■
The purpose of this zone.
The objectives set out in a schedule to this zone.
■ Any other decision guidelines specified in a schedule to this zone.
■ The impact of overshadowing on existing rooftop solar energy systems on dwellings on adjoining lots in a General Residential Zone, Mixed Use Zone, Neighbourhood Residential Zone, Residential Growth Zone or Township Zone.
■ Subdivision
■
The pattern of subdivision and its effect on the spacing of buildings.
■ For subdivision of land for residential development, the objectives and standards of Clause 56.
Dwellings and residential buildings
■
■ For the construction and extension of two or more dwellings on a lot, dwellings on common property and residential buildings, the objectives, standards and decision guidelines of Clause 55. This does not apply to an apartment development of five or more storeys, excluding a basement.
For the construction and extension of one dwelling on a lot, the objectives, standards and decision guidelines of Clause 54.
■ For the construction and extension of an apartment development of five or more storeys, excluding a basement, the objectives, standards and decisions guidelines of Clause 58.
Non-residential use and development
■ Whether the use generally serves local community needs.
Whether the use or development is compatible with residential use.
■ The scale and intensity of the use and development.
■ The design, height, setback and appearance of the proposed buildings and works.
■ The proposed landscaping.
■ The provision of car and bicycle parking and associated accessways.
■ Any proposed loading and refuse collection facilities.
■
■ The safety, efficiency and amenity effects of traffic to be generated by the proposal.
Signs
Sign requirements are at Clause 52.05. This zone is in Category 3.
Transitional provisions
The minimum garden area requirements of Clause 32.08-4 and the maximum building height and number of storeys requirements of Clause 32.08-9 introduced by Amendment VC110 do not apply to:
■
■ Where a planning permit is not required for the construction or extension of a dwelling or residential building:
■
A planning permit application for the construction or extension of a dwelling or residential building lodged before the approval date of Amendment VC110.
A building permit issued for the construction or extension of a dwelling or residential building before the approval date of Amendment VC110.
■ A building surveyor is satisfied, and certifies in writing, that substantial progress was made on the design of the construction or extension of a dwelling or residential building before the approval date of Amendment VC110. A building permit must be issued within 12 months of the approval date of Amendment VC110.
A building surveyor has been appointed to issue a building permit for the construction or extension of a dwelling or residential building before the approval date of Amendment VC110. A building permit must be issued within 12 months of the approval date of Amendment VC110.
■ The minimum garden area requirement of Clause 32.08-3 introduced by Amendment VC110 does not apply to a planning permit application to subdivide land for a dwelling or a residential building lodged before the approval date of Amendment VC110.
27/05/2019
C126mann
SCHEDULE 1 TO CLAUSE 32.08 GENERAL RESIDENTIAL ZONE
Shown on the planning scheme map as GRZ1
RESIDENTIAL AREAS REMOVED FROM ACTIVITY CENTRES AND MAIN ROADS
1.0 27/05/2019
C126mann
2.0 27/05/2019
C126mann
Neighbourhood character objectives
None specified.
Construction or extension of a dwelling or residential buildingminimum garden area requirement
Is the construction or extension of a dwelling or residential building exempt from the minimum garden area requirement?
3.0 27/05/2019
C126mann
Permit requirement for the construction or extension of one dwelling or a fence associated with a dwelling on a lot
Is a permit required to construct or extend one dwelling on a lot of between 300 and 500 square metres?
500 square metres
Is a permit required to construct or extend a front fence within 3 metres of a street associated with a dwelling on a lot of between 300 and 500 square metres?
4.0
Requirements of Clause 54 and Clause 55 Standard Requirement
5.0 27/05/2019 C126mann
A17 Private open space consisting of an area of 80 square metres or 20% of the area of the lot, whichever is the lesser but not less than 55 square metres. At least one part of the private open space should consist of secluded private open space with a minimum area of 40 square metres and a minimum dimension of 5 metres at the side or rear of the dwelling with convenient access from a living room.
B28 Private open space consisting of:
■
A building used as a dwelling or residential building must not exceed a height of 9 metres, unless the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the maximum building height must not exceed 10 metres.
6.0 27/05/2019 C126mann
7.0
27/05/2019 C126mann
8.0 27/05/2019
C126mann
None specified
None specified
Transitional provisions
Schedule 1 to Clause 32.08 General Residential Zone does not apply to an application to construct a dwelling or residential building made before the approval date of the planning scheme amendment that introduced this schedule into the planning scheme. The requirements of Clause 54 as they apply to Clause 54.03-2 or Clause 55 as they apply to Clause 55.03-2 as in force immediately before the said approved date continue to apply.
Page 2 of 2
Victoria Street
AREA SUMMARY
SITE AREA:1,326.7m²
GROUND FLOOR: 375.6m²
FIRST FLOOR (INDOOR & OUTDOOR) : 691.8m²
TOTAL BUILDING AREA:1,067.4m²
CAR PARKING : 22 CARS
CHILDREN : 104 PLACE
OUTDOOR PLAY AREA: 729.2m²
AREA SUMMARY
SITE AREA:1,326.7m²
GROUND FLOOR: 375.6m²
FIRST FLOOR (INDOOR & OUTDOOR) : 691.8m²
TOTAL BUILDING AREA:1,067.4m²
CAR PARKING : 22 CARS
CHILDREN : 104 PLACE OUTDOOR PLAY AREA: 729.2m²
Manningham City Council (Responsible Authority)
Manningham Planning Scheme
NOTICE OF DECISION TO GRANT A PERMIT PLN21/0615
The Responsible Authority has decided to grant a permit. The permit has NOT been issued.
Address of the land: 42 Victoria Street DONCASTER 44 Victoria Street DONCASTER
Lot 25 LP 66655 Vol 8571 Fol 696
Lot 24 LP 66655 Vol 8571 Fol 695
What will the permit allow? Use and development of land for a two-storey child care centre, and creation or alteration of access to a road in a Transport Zone 2
What will the conditions of the permit be?
Modified Plans
1. Before the use and development starts, amended plans must be submitted to and approved by the Responsible Authority. When approved, the plans 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 plans submitted with the application (prepared by Architeria Architects, job number 2140, revision P4, dated 1 July 2022) but modified to show:
1.1. Tandem car parking spaces (closest to the building) allocated to staff only.
1.2. Deletion of raingardens, and their replacement with a 1 metre wide landscaping strip, as measured from the eastern boundary.
1.3. The underground rainwater tank relocated beneath the car park, adjacent to the building, to the satisfaction of the Responsible Authority.
1.4. Canopy trees planted amongst screen plantings along each of the northern, southern and eastern boundaries.
1.5. The letter box / planter box located entirely within the title boundaries of the subject land;
1.6. Pedestrian warning signs for motorists exiting the car park (e.g. ‘Watch for Pedestrians’), within the subject land.
1.7. A 600 mm high freestanding trellis constructed above the 2 metre high eastern boundary fence.
1.8. The tap and drain to the bin wash area clearly shown on the ground floor plan and located outside of the Drainage and Sewerage Easement.
1.9. Details of acoustic measures to limit noise from mechanical equipment.
1.10. Location of Tree protection fencing and details of tree protection measures required to be implemented for all existing vegetation to be retained
1.11. Notation indicating that the rainwater tank is connected to the toilets and gardens for reuse.
1.12. Alteration to the design of the proposed crossover as per Department of Transport conditions as per Condition 43 of this permit
Notice of decision to grant a permit PLN21/0615
Date of notice: 11 November 2022
Signature for the Responsible Authority
Endorsed Plans
2. The use and development as shown on the approved plans must not be altered without the written consent of the Responsible Authority.
Landscape Plan
3. Before the development starts, a landscaping plan prepared by a landscape architect or person of approved competence must be submitted to the Responsible Authority for approval. Such plan must be generally in accordance with the plan approved under Condition 1 of this permit and the concept landscape plan submitted with the application (prepared by Architeria Architects, dated 1 July 2022), and must show:
3.1. Any changes to the development layout required under Condition 1 of this permit as relevant;
3.2. Species, locations, approximate height and spread of proposed planting and the retention of existing trees and shrubs, where appropriate or as directed by any other condition of this Permit;
3.3. Details of soil preparation and mulch depth for garden beds and surface preparation for grassed areas;
3.4. Fixed edge strips for separation between grassed and garden areas and/or to contain mulch on batters;
3.5. A sectional detail of the canopy tree planting method which includes support staking and the use of durable ties;
3.6. An in-ground drip-feed watering system must be installed in the main landscaped areas to the satisfaction of the Responsible Authority
3.7. A minimum of one (1) canopy tree with a spreading canopy, capable of reaching a minimum mature height of 8 metres under local growing conditions within the front setback of the site. The tree must be a minimum height of 1.5 metres at the time of planting;
3.8. A minimum of three (3) canopy trees spread along the length of the southern boundary opposite the first floor play area, to be a minimum height of 1.5 metres at the time of planting, capable of growing to at least 6 metres high at maturity under local growing conditions;
3.9. A minimum of four (4) canopy trees spread along the length of the northern, southern and eastern boundaries, to be a minimum height of 1.5 metres at the time of planting, capable of growing to at least 6 metres high at maturity under local growing conditions;
3.10. Screen planting along the northern, eastern and southern boundaries, to be a minimum height of 0.5 metre at the time of planting, capable of growing to at least 2.5 metres high at maturity;
3.11. Planting within 2 metres along the frontage from the edge of the driveway and 2.5 metres east from the street footpath to be no greater than 0.9 metres in height at maturity.
Management Plans
Sustainable Design Assessment
4. Concurrent with the submission of development plans for endorsement under Condition 1 of this permit, an amended Sustainable Design Assessment (SDA) to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the SDA / Stormwater Management Report will be endorsed and will then form part of the permit. The report must be generally in accordance with the SDA submitted with the application (prepared by Frater Consulting Services, dated 16 March 2022), but modified to show:
Notice of decision to grant a permit PLN21/0615
Date of notice: 11 November 2022
Signature for the Responsible Authority
4.1. Consistency with any relevant changes to the development as shown on the development plans submitted for endorsement under this permit;
4.2. An updated STORM Report to delete reference to raingardens and diverting stormwater to the underground rainwater tank beneath the car park
4.3. A STORM score of 100 unless a lower score is reached to the satisfaction of the Responsible Authority.
Waste Management Plan
5. Concurrent with the submission of development plans for endorsement under Condition 1 of this permit, an amended Waste Management Plan (WMP) to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The WMP must be generally in accordance with the waste management plan submitted with the application (Frater Consulting Services, dated 31 May 2022), but modified to show:
5.1. Consistency with any relevant changes to the development as shown on the development plans submitted for endorsement under this permit;
5.2. Nominate the days, hours and frequency of waste collection for each type of waste stream;
5.3. Updated to increase capacity for food waste collection generated by the child care centre either by increasing bin volume, quantity and/or frequency of collection;
5.4. Updated to replace reference to a small rigid vehicle at page 9 with a mini rear loader and dimensions of the mini rear loader consistent with the submitted swept path diagrams.
Acoustic Report
6. Concurrent with the submission of development plans for endorsement under Condition 1 of this permit, an amended Acoustic Report to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the report will be endorsed and form part of the permit. The report must be generally in accordance with the report submitted with the application (WatsonMossGrowcott Acoustics, dated 11 April 2022), but modified to show:
6.1. Updated to assess the impact of the proposed 6 am commencement time and recommendations to implement appropriate acoustic attenuation measures.
6.2. Updated to assess and recommend noise attenuation measures for proposed mechanical plant equipment and screens.
Car Park Management Plan
7. Concurrent with the submission of development plans for endorsement under Condition 1 of this permit, a Car Parking Management Plan must be submitted to and approved by the Responsible Authority. When approved, the plan will form part of the permit. Traffic and parking operations on and adjacent to the site must conform to this approved plan. The plan must be generally in accordance with the endorsed plans, and include:
7.1. Details of staff management to enable efficient operation of on-site car parking to avoid staff and parent peak demands coinciding;
7.2. Details of how major events will be managed (including but not limited to: day care graduation, Christmas, Mother’s Day etc.)
7.3. Details of waste collection vehicles in accordance with the Waste Management Plan approved by this permit;
Notice of decision to grant a permit
Date of notice: 11 November 2022
PLN21/0615
Signature for the Responsible Authority
7.4. The means by which the direction of traffic and pedestrian flows to and from car parking areas will be controlled both on and off-site
Construction Management Plan
8. Before the development starts, including demolition, a Construction Management Plan (CMP) to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority using Manningham’s CMP template. When approved the CMP will be endorsed and will then form part of the permit.
Management Plan Compliance
9. All management plans and reports endorsed under this permit must be implemented and complied with to the satisfaction of the Responsible Authority, and must not be modified without the written consent of the Responsible Authority.
Use Restrictions
10. The number of children attending the centre at any one time must not exceed 104 unless with the written consent of the Responsible Authority.
11. Except with the prior written consent of the Responsible Authority, the number of staff who may work at the centre at any one time must not exceed 15
12. The use allowed under this permit may only operate between the following hours, unless with the written consent of the Responsible Authority:
12.1. Monday to Friday – 6 am to 6 pm
12.2. Public Holidays in accordance with relevant Victorian Law.
13. The collection of garbage from the premises (other than Manningham Council collection) must be conducted in accordance with the endorsed Waste Management Plan to the satisfaction of the Responsible Authority.
Car Parking and Access
14. Before the commencement of the use, all new vehicular crossing(s) must be constructed as depicted on the endorsed plans and any redundant existing vehicular crossing(s) must be removed and the kerb, channel, footpath and nature strip (as relevant) must be reinstated at the full cost of the owner and to the satisfaction of the Responsible Authority.
15. Before the commencement of the use, all parking spaces must be line-marked, numbered, signposted and staff car parking spaces allocated to the satisfaction of the Responsible Authority.
16. All car parking spaces, bicycle parking spaces, access lanes and driveways shown on the endorsed plans must be kept available for these purposes at all times to the satisfaction of the Responsible Authority.
17. Before the commencement of the use, all areas set aside for the parking and access of vehicles must be:
17.1. properly formed to such levels that they can be utilised in accordance with the endorsed plans;
17.2. drained;
Notice of decision to grant a permit PLN21/0615
Date of notice: 11 November 2022
Signature for the Responsible Authority
17.3. provided with an all-weather seal coat and line-marked (as necessary); and 17.4. constructed and maintained in a continuously useable condition, all to the satisfaction of the Responsible Authority.
18. The loading and unloading of goods from vehicles must be carried out on the subject land, and conducted in a manner which does not cause any traffic hazards or interference with the circulation and parking of vehicles on the subject land to the satisfaction of the Responsible Authority.
19. Access to and egress from the subject land for all commercial vehicles (including waste collection vehicles) must be from Victoria Street.
20. The operator of the approved use must ensure that staff vehicles are parked in the designated staff car spaces to the satisfaction of the Responsible Authority.
21. External lighting of the areas set aside for car parking, access lanes and driveways must be designed, baffled and located to provide adequate illumination and prevent any adverse impact to the amenity of nearby land to the satisfaction of the Responsible Authority.
Stormwater – On-site detention (OSD)
22. Before the development starts, an engineering plan for an on-site stormwater detention (OSD) system to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved the plan will be endorsed and will then form part of the permit. The plan must depict an on-site storm water detention storage or other suitable system (which may include but is not limited to the re-use of stormwater using rainwater tanks) that is designed in accordance with Council’s On-Site Stormwater Detention Guidelines (March 2021) to the satisfaction of the Responsible Authority.
23. Before the commencement of the use, the OSD system must be installed and then maintained in accordance with the engineering plan endorsed under this permit to the satisfaction of the Responsible Authority.
24. All rainwater tanks must be connected to the on-site stormwater detention system for any overflow to the satisfaction of the Responsible Authority.
Drainage
25. Stormwater must not be discharged from the subject land other than by means of drainage to the legal point of discharge. Before any connection is made to a Council maintained asset, a Connection to Council Drain Permit must be approved by the Responsible Authority.
26. The whole of the land, including landscaped and paved areas must be graded and drained to the satisfaction of the Responsible Authority, to prevent ponding and to minimise overland flows onto adjoining properties.
Tree Protection
27. For the duration of the development, tree protection must be undertaken in accordance with the recommendations of the Arborist Report (prepared by TMC Reports, dated 18 August 2021) and to the satisfaction of the Responsible Authority.
Notice of decision to grant a permit PLN21/0615
Date of notice: 11 November 2022
Signature for the Responsible Authority
28. All Tree Protection Fencing must be maintained in good condition until the completion of the development to the satisfaction of the Responsible Authority.
29. The owner or developer must ensure all contractors/tradespersons (including demolition workers) who install services or work near trees to be retained are made aware of the need to preserve the trees and to minimise impacts on the trees through appropriate work practices.
Site Management
30. The owner must use appropriate site management practices during construction to prevent the transfer of mud, dust, sand, slurry, litter, concrete or other construction waste from the site into drains or onto nearby roads. In the event that a road or drain is affected, the owner must upon direction of the responsible authority take the necessary steps to clean the affected portion of road or drain to the satisfaction of the Responsible Authority.
Amenity
31. The use approved by this permit must not detrimentally affect amenity of the area to the satisfaction of the Responsible Authority.
32. Before the use commences all acoustic attenuation measures, practices, procedures and the like recommended in the Acoustic Report approved under this permit must be implemented and then maintained to the satisfaction of the Responsible Authority.
33. Within three months of the completion of the acoustic attenuation measures required under this permit, a further report to the satisfaction of the Responsible Authority must be prepared by a suitably qualified acoustic consultant. The report must demonstrate that the use and associated activities complies with relevant noise controls, to the satisfaction of the Responsible Authority. In the event that the report demonstrates that the use and associated activities is not operating in compliance with the relevant controls, correcting action must be implemented within 28 days of the preparation of the report and further testing must be undertaken to demonstrate compliance with relevant noise controls, all to the satisfaction of the Responsible Authority.
34. If the Responsible Authority requests in writing, the owner and/or occupier must, within 30 days of the date of the request, provide to the Responsible Authority an assessment by a qualified acoustic consultant of the noise levels emitted from the subject land with measurements taken at the times and locations specified by the Responsible Authority. The owner and/or occupier is responsible for the cost of any assessment required under this condition.
In the event that the assessment demonstrates that the use and associated activities is not operating in compliance with the relevant controls, correcting action must be implemented and further testing must be undertaken to demonstrate compliance with relevant noise controls within 28 days of the initial assessment, all to the satisfaction of the Responsible Authority.
35. No external sound amplification equipment may be used for the purpose of announcement, broadcast, playing of music or similar purpose, to the satisfaction of the Responsible Authority.
36. All security alarms or similar devices installed on the land must be of a silent type to the satisfaction of the Responsible Authority.
Notice of decision to grant a permit
Date of notice: 11 November 2022
PLN21/0615
Signature for the Responsible Authority
Services
37. All services associated with the approved development and use, including water, electricity, gas, sewerage and telephone, must be installed underground, unless with the written consent of the Responsible Authority.
38. All pipes must be concealed, with the exception of roofing downpipes and external pipes associated with water tanks, which (where exposed) must be finished in a colour complementing the wall surface to the satisfaction of the Responsible Authority.
39. All roof-top plant and services (including any hot water systems, but excluding solar panels) must be installed in appropriately screened areas, unless otherwise agreed in writing with the Responsible Authority.
Maintenance
40. All buildings, paved areas, drainage and landscaping must be maintained to the satisfaction of the Responsible Authority.
41. Garbage and recycling storage areas must be maintained in a neat and tidy condition to the satisfaction of the Responsible Authority.
Department of Transport conditions
42. Prior to the endorsement of plans, amended plans must be submitted to and approved by the Responsible Authority. The approved plans must be endorsed by the Responsible Authority and will then form part of the permit. The plans must be generally in accordance with the plans (by Architeria Architects) and annotated, Ground Floor Plan, 2140-A1.01 Revision P3 but modified to show:
42.1. The edges of the crossover angled at 60 degrees at least for the first 3.0 metres from the edge of the road, and with 3.0 metre radial turnouts.
43. All vehicles must enter and exit the site in a forward direction at all times.
44. Prior to the commencement of the use, all disused or redundant vehicle crossings must be removed, and the area reinstated to kerb and channel, footpath and nature-strip to the satisfaction of the Responsible Authority and at no cost to the Head, Transport for Victoria.
45. Prior to the commencement of the use, the crossover, driveway, and associated works must be provided and available for use to the satisfaction of the Responsible Authority and at no cost to the Head, Transport for Victoria
Permit Expiry
46. This permit will expire if one of the following circumstances applies:
46.1. The development is not started within two (2) years of the date of this permit; or 46.2. The development is not completed within four (4) years of the date of this permit.
The Responsible Authority may extend the periods referred to if a request is made in writing by the owner or occupier either before the permit expires or in accordance with Section 69 of the Planning and Environment Act 1987.
Notice of decision to grant a permit
Date of notice: 11 November 2022
PLN21/0615
Signature for the Responsible Authority
47. The use approved by this permit will expire if one of the following circumstances apply:
47.1. The approved use is not commenced within two (2) years of the completion of the development; and
47.2. The approved use is discontinued for a period of two (2) years.
The Responsible Authority may extend the periods referred to if a request is made in writing by the owner or occupier either before the permit expires or in accordance with Section 69 of the Planning & Environment Act 1987.
Notes:
Submission of Plans
All plans (except for the engineering construction plan) submitted in accordance with the Permit should be submitted online. Search for your planning application on the planning applications portal and select request Endorse Plans The engineering construction plan should be submitted directly to Council’s City Infrastructure Unit apply online
How to avoid the expiry of this permit
Under Section 69 of the Planning and Environment Act 1987 the owner or occupier of the land may apply to extend a permit either:
• before it expires; or
• within 6 months of the expiry if the permit has not been acted on; or
• within 12 months of the expiry of the permit if the development was started lawfully before the permit expired.
Works Code of Practice
The development must comply with Council’s Works Code of Practice (June 2017)
Construction Management Plan
A Construction Management Plan must be prepared using Council’s template, which can be downloaded from our website
Building Permit
Please note that this planning permit does not give permission to commence work. A Building Permit must be issued prior to commencing building work pursuant to the Building Act and Building Regulations. Please contact Council’s Building Service Unit on 9840 9430 or visit Council’s website if you require further information.
Post Construction Inspection
The Responsible Authority (Statutory Planning Unit) must be advised when all construction and works (including nature strip restoration and on-site landscaping) are fully completed to enable the site to be inspected for compliance with the approved permit and plans.
Construction over easements
Consent in the form of a written “Build Over Easement” consent/permit from the relevant service authority must be obtained before any works occur over an easement which is located on the subject land. For any queries in relation to these plans please contact City Infrastructure Unit on 9846 0500.
Vehicle Crossing Approval
Before the construction or modification of any vehicular crossing, a Vehicle Crossing Permit must be obtained from the Responsible Authority. Approved vehicular crossings must be constructed under the Responsible Authority’s supervision, for which 24 hours notice is required.
Notice of decision to grant a permit
Date of notice: 11 November 2022
PLN21/0615
Signature for the Responsible Authority
OSD Plans
The OSD system must be designed in accordance with Council’s On-site Stormwater Detention Guidelines (March 2021)
Any water tanks must be connected to the OSD system for any overflow to Council’s satisfaction.
Electricity supply
Electricity must be provided to each dwelling via its own individual pit located within each allotment or via a shared pit located within a common driveway area.
Mailboxes
The location and design of mailboxes must accord with the relevant Australia Post guidelines. Developers seeking additional information regarding this should call Australia Post Customer Service on 13 13 18.
Notice of decision to grant a permit PLN21/0615
Date of notice: 11 November 2022
Signature for the Responsible Authority
Important Information About This Notice
WHAT HAS BEEN DECIDED?
1. The responsible authority has decided to grant a permit. The permit has not been issued.
2. This notice sets out what the permit will allow and what conditions the permit will be subject to if issued.
WHAT ABOUT REVIEWS?
For the applicant –
3. The person who applied for the permit may apply for review of any condition in the notice of decision to grant a permit. The application for review must be lodged within 60 days of the giving of this notice.
For an objector –
4. An objector may apply for review of the decision of the responsible authority to grant a permit. The application for review must be lodged within 28 days after the date of this notice.
5. If there is no application for review, a permit will be issued after 28 days after the date of this notice.
For a recommending referral authority –
6. A recommending referral authority may apply for review of the decision of the responsible authority
(a) to grant a permit, if that recommending referral authority objected to the grant of the permit; or
(b) not to include a condition on the permit that the recommending referral authority recommended.
7. The application for review must be lodged within 21 days of the giving of this notice.
8. If there is no application for review, a permit will be issued after 21 days of the giving of this notice.
For all applications for review –
9. An application for review is lodged with the Victorian Civil and Administrative Tribunal.
10. An application for review must be made on the relevant form which can be obtained from the Victorian Civil and Administrative Tribunal, and be accompanied by the applicable fee.
11. An application for review must state the grounds upon which it is based.
12. A copy of an application for review must be served on the responsible authority, each other party and each other person entitled to notice of the application for review under the Planning and Environment Act 1987 and the Victorian Civil and Administrative Tribunal Act 1998 within 7 days after lodging the application with the Victorian Civil and Administrative Tribunal.
Details about applications for review and the fees payable can be obtained from the Victorian Civil and Administrative Tribunal.
Notice of decision to grant a permit
Date of notice: 11 November 2022
PLN21/0615
Signature for the Responsible Authority
