Manningham City Council (Responsible Authority)
Manningham Planning Scheme
PLANNING PERMIT PLN21/0615
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
The permit allows: 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
The following conditions apply to this permit:
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.
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.
Planning Permit PLN21/0615
Date issued: 14 December 2022
Signature for 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:
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.
Date issued: 14 December 2022
Signature for the Responsible Authority
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;
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.
Date issued: 14 December 2022
Signature for the Responsible Authority
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;
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,
Planning Permit PLN21/0615
Date issued: 14 December 2022
Signature for the Responsible Authority
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.
28. All Tree Protection Fencing must be maintained in good condition until the completion of the development to the satisfaction of the Responsible Authority.
Planning Permit PLN21/0615
Date issued: 14
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.
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.
Date issued: 14 December 2022
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.
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.
Planning Permit PLN21/0615
Date issued: 14 December 2022
Signature for the Responsible Authority
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.
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.
Planning Permit PLN21/0615
Date issued: 14 December 2022
Signature for the Responsible Authority
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.
Planning Permit PLN21/0615
Date issued: 14 December 2022
Signature for the Responsible Authority
IMPORTANT INFORMATION ABOUT THIS PERMIT
WHAT HAS BEEN DECIDED?
The responsible authority has issued a permit. (Note: This is not a permit granted under Division 5 or 6 of Part 4 of the Planning and Environment Act 1987.)
CAN THE RESPONSIBLE AUTHORITY AMEND THIS PERMIT?
The responsible authority may amend this permit under Division 1A of Part 4 of the Planning and Environment Act 1987
WHEN DOES A PERMIT BEGIN?
A permit operates:
1. From the date specified in the permit; or
2. If no date is specified, from –
1. the date of the decision of the Victorian Civil and Administrative Tribunal, if the permit was issued at the direction of the Tribunal; or
2. the date on which it was issued, in any other case
WHEN DOES A PERMIT EXPIRE?
1. A permit for the development of land expires if –
1. the development or any stage of it does not start within the time specified in the permit; or
2. the development requires the certification of a plan of subdivision or consolidation under the Subdivision Act 1988 and the plan is not certified within two years of the issue of the permit, unless the permit contains a different provision; or
3. the development or any stage is not completed within the time specified in the permit, or, if no time is specified, within two years after the issue of the permit or in the case of a subdivision or consolidation within five years of the certification of the plan of subdivision or consolidation under the Subdivision Act 1988
2. A permit for the use of land expires if –
1. the use does not start within the time specified in the permit, or if no time is specified, within two years after the issue of the permit; or
2. the use is discontinued for a period of two years.
3. A permit for the development and use of land expires if
1. the development or any stage of it does not start within the time specified in the permit; or
2. the development or any stage of it is not completed within the time specified in the permit, or, if no time is specified, within two years after the issue of the permit; or
3. the use does not start within the time specified in the permit, or, if no time is specified, within two years after the completion of the development; or
4. the use is discontinued for a period of two years.
4. If a permit for the use of land or the development and use of land or relating to any of the circumstances mentioned in section 6A(2) of the Planning and Environment Act 1987, or to any
Planning Permit PLN21/0615
Date issued: 14 December 2022
Signature for the Responsible Authority
combination of use, development or any of those circumstances requires the certification of a plan under the Subdivision Act 1988, unless the permit contains a different provision –
1. the use or development of any stage is to be taken to have started when the plan is certified; and
2. the permit expires if the plan is not certified within two years of the issue of the permit.
5. The expiry of a permit does not affect the validity of anything done under that permit before the expiry.
WHAT ABOUT REVIEWS?
3. The person who applied for the permit may apply for a review of any condition in the permit unless it was granted at the direction of the Victorian Civil and Administrative Tribunal, in which case no right of review exists.
4. An application for review must be lodged within 60 days after the permit was issued, unless a notice of decision to grant a permit has been issued previously, in which case the application for review must be lodged within 60 days after the giving of that notice.
5. An application for review is lodged with the Victorian Civil and Administrative Tribunal.
6. 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.
7. An application for review must state the grounds upon which it is based.
8. A copy of an application for review must also be served on the responsible authority.
9. Details about applications for review and the fees payable can be obtained from the Victorian Civil and Administrative Tribunal.