City of Whitehorse
NOTICE OF DECISION TO
GRANT A PLANNING PERMIT
Permit Number:
Planning Scheme:
Responsible Authority: WH/2023/512 Whitehorse City of Whitehorse
THE RESPONSIBLE AUTHORITY HAS DECIDED TO GRANT A PERMIT. THE PERMIT HAS NOT BEEN ISSUED.
ADDRESS OF THE LAND:
59-61 BETULA AVENUE AND 12-14 & 16 TRADE PLACE, VERMONT (CP 100121 & LOTS 19 & 20 PS 430383G)
WHAT WILL THE PERMIT ALLOW?
The use and development of the land for 26 warehouses, construction and display of business identification signage and associated reduction in car parking, generally in accordance with the endorsed plans and subject to the following conditions.
WHAT WILL THE CONDITIONS OF THE PERMIT BE?
1. Before the development starts, amended plans must be submitted to and approved by the Responsible Authority in a digital format. 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 be generally in accordance with the plans submitted with the application but modified to show:
a) The changes included within the discussion plans prepared by Fika Architects, received on 27 June 2024 (all references to any proposed carriageway easements are to be removed) which include:
• Western acoustic boundary fence increased from 2.4 to 3 metres in height.
• Provision of three (3) 2.1-metre-high steel picket security gate at the Trade Place vehicle entrance, north-western rear of the existing building at 16 Trade Place and at the entrance between warehouse 1 and 3.
• Sectional elevation plans showing the natural ground and site levels in the driveway, eastern boundary fence and warehouse area.
And further modified to show:
b) The location of a sensor light above the loading bay doors. All lighting is to be baffled to avoid any light spill onto adjoining residential properties.
c) The locations of Tree Protection Zones described in condition 8, with all nominated trees clearly identified and numbered on both ground floor plan and landscape plan, and the requirements of conditions 8 and 9 to be annotated on the development and landscape plans.
d) All references to tree removal within the vacant residential zoned area of the lot deleted.
13 August 2024
Date of Notice Signature for Responsible Authority
Planning and Environment Act 1987 Form 5
Condition 1 (Continued)
e) All references to the removal of trees with neighbours written consent located within the adjoining eastern lots deleted.
f) Elevation plans to include window material/screening schedule.
g) The TPZ & SRZ radius of Trees 8 & 9.
h) Any required fire services, electricity supply and water meter boxes to be discreetly located and/or screened to compliment the development. Any required services must be clearly detailed.
i) Noise Management Plan in accordance with Condition 7.
j) Submission of a Tree Protection & Management Plan (TPMP) report in accordance with Condition 9.
k) Car Park Management Plan with Condition 10.
l) Landscape Plan in accordance with Condition 28
m) Lighting Strategy report in accordance with Condition 34.
n) Development plans to reflect all sustainability features that are required as part of a submitted and approved Sustainable Management Plan (SMP), together with any requirement outlined in Condition 31. The plans are to be generally in accordance with the plans submitted but indicating:
i. Any changes required to comply with the Sustainability Management Plan under condition 31.
All of the above must be to the satisfaction of the Responsible Authority. Once approved these plans become the endorsed plans of this permit.
2. The layout of the site and the size, design and location of the buildings and works including the proposed use permitted must always accord with the endorsed plan and must not be altered or modified without the further written consent of the Responsible Authority.
3. The use must operate only between the hours of 7:00am and 6:00pm, Monday to Saturday, or otherwise as approved by the Responsible Authority in writing.
4. The site activities must operate in accordance with the Enfield Acoustics Noise Report (document number V1573-01) issued on the 28th of September 2023. This includes the following requirements:
a) All outdoor deliveries and forklift use shall only be permitted to occur between the hours of:
• 7am to 6pm – Monday to Saturday.
• No outdoor deliveries and forklift use shall be permitted on Sundays.
b) Garage roller doors must be kept closed during internal deliveries when occurring during the following hours:
• 6pm to 7am – Monday to Saturday
• All hours on Sundays.
13 August 2024
Date of Notice
Signature for Responsible Authority Planning and Environment Act 1987 Form 5
Condition 4 (Continued)
c) All waste collection on the Subject Land shall only be permitted to occur between the hours of:
• 7am to 8pm – Monday to Saturday
• 9am to 8pm – Sundays and Public Holidays.
d) Acoustic Screening:
• Using fibre cement sheeting, treated timber, lightweight aerated concrete, transparent acrylic panels, glass and profiled sheet cladding as long the selected material (or combined skins) has a mass of at least 15kg/m2;
• The fence shall have no gaps or holes in it, or the likelihood of such occurring through natural causes or deformations, thus allowing noise to pass through;
• The fence must be designed and built in an acceptable manner so that noise will not pass underneath it;
• Any butt joints shall be sealed with a fire-rated weather proof mastic or an overlapping piece of material meeting the mass requirements of 15kg/m2 (minimum 35mm each side of the butt joint); and
• Where multiple cladding layers are used (e.g. FC sheeting over timber paling fence), joints in the cladding materials shall not coincide.
5. Within 3 months of completion of the development a letter of confirmation from a suitably qualified acoustic consultant must be submitted for approval to the Responsible Authority to certify that the development has been constructed in accordance with the requirements of the Acoustic Report and conditions of the permit.
6. The requirements of the Acoustic Report and any subsequent amended acoustic reports must be implemented by the building manager, owners and occupiers of the site for the duration of the building’s operation in accordance with this permit, to the satisfaction of the Responsible Authority.
7. Prior to the commencement of the use, a Noise Management Plan must be submitted to the satisfaction of the Responsible Authority, setting out noise management measures to prevent off-site noise impacts which shall be implemented. When approved the Noise Management Plan must be endorsed to form part of this permit. This plan must include the following:
a) Require each business to display their telephone number to contact the premises, on the internet and by a notice on their building.
b) Maintain of a register of stakeholders/resident communications.
c) The register is to be regularly reviewed by management to identify patterns or opportunities to assist stakeholders.
d) Ensure there are no loose metal grates or discontinuities which generate noise when driven over.
e) Instruction shall be provided to delivery/waste collection/staff to not leave vehicles idling when stationary.
f) During any noisy warehouse operations, warehouses shall close warehouse doors to contain noise. Equipment should not be left to idle when stationary.
13 August 2024
Condition 7 (Continued)
g) Alert occupants that certain products proposed to be warehoused or stored may require additional planning permission if they have the potential for adverse impacts and are subject to threshold distances pursuant to the requirements of the Whitehorse Planning Scheme.
h) The ways in which staff are to be made aware of the conditions attached to this permit.
8. Prior to commencement of any building or demolition works on the land, a Tree Protection Zones (TPZs) must be established on the subject site (and nature strip if required) and maintained during, and until completion of, all buildings and works including landscaping, around the following trees in accordance with the distances and measures specified below, to the satisfaction of the Responsible Authority:
a) Tree Protection Zone distances:
i. Street Tree 1 – 7.1 metre radius from centre base of tree.
ii. Tree 2 – 3.0 metre radius from centre base of tree.
iii. Tree 4 – 2.5 metre radius from centre base of tree.
iv. Tree 5 – 6.0 metre radius from centre base of tree.
v. Tree 6 – 5.8 metre radius from centre base of tree.
vi. Tree 7 – 2.5 metre radius from centre base of tree.
vii. Tree 8 – 3.6 metre radius from centre base of tree.
viii. Tree 9 – 2.9 metre radius from centre base of tree.
ix. Tree 10 – 3.1 metre radius from centre base of tree.
x. Tree 11 – 2.5 metre radius from centre base of tree.
xi. Tree 12 – 2.0 metre radius from centre base of tree.
xii. Tree 13 – 2.0 metre radius from centre base of tree.
xiii. Tree 20 – 6.8 metre radius from centre base of tree.
xiv. Tree 24 - 15 metre radius from centre base of tree.
b) Tree Protection Zone measures are to be established in accordance with Australian Standard 4970-2009 and are to include the following:
i. Erection of solid chain mesh or similar type fencing at a minimum height of 1.8 metres in height held in place with concrete feet.
ii. Signage placed around the outer edge of perimeter the fencing identifying the area as a TPZ. The signage should be visible from within the development, with the lettering complying with AS 1319.
iii. Mulch across the surface of the TPZ to a depth of 100mm and undertake supplementary provide watering/irrigation within the TPZ, prior and during any works performed.
iv. No excavation, constructions works or activities, grade changes, surface treatments or storage of materials of any kind are permitted within the TPZ unless otherwise approved within this permit or further approved in writing by the Responsible Authority.
v. All supports and bracing should be outside the TPZ and any excavation for supports or bracing should avoid damaging roots where possible.
13 August 2024
Date of Notice Signature for Responsible Authority
Planning and Environment Act 1987 Form 5
Condition 8b) (Continued)
vi. No trenching is allowed within the TPZ for the installation of utility services unless tree sensitive installation methods such as boring have been approved by the Responsible Authority.
vii. Where construction is approved within the TPZ, fencing and mulching should be placed at the outer point of the construction area.
viii. Where there are approved works within the TPZ, it may only be reduced to the required amount by an authorized person only during approved construction within the TPZ, and must be restored in accordance with the above requirements at all other times.
9. During construction of any buildings, or during other works, the following tree protection requirements are to be adhered to, to the satisfaction of the Responsible Authority:
a) A Tree Protection & Management Plan (TPMP) must be submitted to, approved, and endorsed by Council prior to the commencement of all buildings and works. It must be written in accordance with the requirements set out on Page 21, under Section 5.2 Tree Protection Plan in AS4970-2009 Protection of Trees on Development Sites by a person who has a qualification in arboriculture, with a minimum Diploma in Horticulture (Arboriculture) / Arboriculture. It must include Tree Protection Zone Fencing Measures. It must detail how Trees 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 20 & 24 will be protected during the Pre-Construction/Demolition Stage, the Construction Stage, the Landscape Stage, and the Post Construction stages, and must be to the satisfaction of the Responsible Authority (RA).
b) The Tree Protection & Management Plan (TPMP) must detail how any excavation works, placement of fill soils, and hard landscaping works within the Tree Protection Zone of Trees 2, 4, 5, 6, 7, 8, 10, 12 and 13 (and any other trees shown to be retained on the plans) will be undertaken and how tree roots will be managed, so that the health and stability of trees are not adversely impacted now or into the future.
c) The Tree Protection & Management Plan (TPMP) must detail where services will be located and how they will be installed within the Tree Protection Zone of any retained trees, to be located outside of the Tree Protection Zone, or bored under the tree protection zone, or installed using hydro excavation under the supervision of the project arborist.
d) The Tree Protection & Management Plan (TPMP) must detail how any tree pruning of a protected tree is to be undertaken and that the required pruning conforms with AS43732007 Pruning of Amenity Trees and that the work is to be performed by a suitably qualified Arborist (AQF Level 3, minimum).
e) Prior to the commencement of any site works, including demolition and excavation, the Responsible Authority (RA) must be provided with evidence that a project arborist has been engaged as part of the ongoing consultant team to oversee all buildings and works, and to ensure the development does not have a detrimental impact on the ongoing health and stability of the trees to be retained. The project arborist must have a qualification in arboriculture and hold a minimum Diploma in Horticulture (Arboriculture) to be the project arborist.
f) Evidence of the appointment of the project arborist must be submitted to the satisfaction of the Responsible Authority (quoting the Planning Permit number and site address, emailed to customer.service@whitehorse.vic.gov.au) before the commencement of works on site.
13 August 2024
Date of Notice Signature for Responsible Authority Planning and Environment Act 1987 Form 5
10. Before the development commences, a Car Park Management Plan must be submitted and approved to the satisfaction of the Responsible Authority. When approved, the Car Park Management Plan will be endorsed and form part of this permit. The Car Park Management Plan must address, but is not limited to, the following:
a) Allocation of car spaces to individual tenancies
b) Detail any sign and line marking for parking spaces.
c) Detail any access controls to the parking areas, such as gates and security doors, which must take into account the queue length required.
d) Information for staff and visitors about public transport options in the area.
e) Education and awareness initiatives and incentives for staff and visitors to encourage more sustainable modes of travel to/from the site.
f) Details of bicycle spaces for staff and visitors.
g) Any other relevant matters.
11. The provisions, recommendations and requirements of the endorsed Car Park Management Plan must be implemented and complied with to the satisfaction of the Responsible Authority.
12. Vehicle access is not permissible from Betula Avenue.
13. The car parking areas, bicycle parking spaces, loading bays and accessways as shown on the endorsed plans must be formed to such levels so that they may be used in accordance with the endorsed plans, and must be properly constructed, line marked, surfaced and drained. The car park and accessways must be maintained to the satisfaction of the Responsible Authority. Parking areas, loading bays and access lanes must be kept available for these purposes at all times.
14. The unloading/loading of goods from vehicles must only be carried out within the boundaries of the site in the designated area/s as shown on the endorsed plans. Service Vehicles unloading/loading and Waste Collection vehicles must be no bigger than 8.8 metres (medium rigid vehicles) to the satisfaction of the Responsible Authority.
15. Goods must not be stored or left exposed outside the building
16. At all times noise emanating from the land must comply with the requirements of the Environment Protection Regulations 2021 (as amended from time to time) as measured in accordance with the Noise Protocol to the satisfaction of the responsible authority.
17. Unless with the prior written consent of the Responsible Authority, speakers external to the building must not be erected or used.
18. Alarms must be directly connected to a security service and must not produce noise beyond the premises.
19. The amenity of the area shall not be detrimentally affected by the uses and sale and consumption of liquor, through:
a) Transportation of materials, goods or commodities to or from the land;
b) Appearance of any building, works or materials;
c) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot ash, dust, waste water, waste products, grit or oil;
13 August 2024
Date of Notice Signature for Responsible Authority
d) Presence of vermin;
e) Antisocial behaviour; and
e) In any other way.
20. All building plant and equipment on the roofs and the development, is to be concealed to the satisfaction of the Responsible Authority. Noise emitting plant equipment such as air conditioners, must be shielded with acoustic screening to prevent the transmission of noise having detrimental amenity impacts. The construction of any additional plant, machinery or other equipment, including but not limited to all service structures, down pipes, aerials, satellite dishes, telecommunication facilities, air-conditioners, equipment, ducts, flues, all exhausts including car parking and communication equipment must include appropriate screening measures to the satisfaction of the Responsible Authority.
21. Prior to the occupation of the development, all boundary walls must be constructed, cleaned and finished to the satisfaction of the Responsible Authority.
22. All stormwater drains and on-site detention systems are to be connected to the legal point of discharge to the satisfaction of the Responsible Authority prior to the occupation of the building/s.
23. Detailed stormwater drainage and/or civil design for the proposed development are to be prepared by a suitably qualified civil engineer and submitted to the Responsible Authority for approval prior to occupation of the development. Plans and calculations are to be submitted with the application with all levels to Australian Height Datum (AHD). All documentation is to be signed by the qualified civil engineer.
24. Stormwater that could adversely affect any adjacent land shall not be discharged from the subject site onto the surface of the adjacent land.
25. Prior to works commencing the Applicant/Owner is to submit design plans for all proposed engineering works external to the site. The plans are to be submitted as separate engineering drawings for assessment by the Responsible Authority.
26. The Applicant/Owner is responsible to pay for all costs associated with reinstatement and/or alterations to Council or other Public Authority assets as a result of the development. The Applicant/Owner is responsible to obtain all relevant permits and consents from Council at least 7 days prior to the commencement of any works on the land and is to obtain prior specific written approval for any works involving the alteration of Council or other Public Authority assets. Adequate protection is to be provided to Council’s infrastructure prior to works commencing and during the construction process.
27. The qualified civil engineer when undertaking civil design must ensure that the landscape plan/s and drainage plan/s are compatible. The stormwater drainage system must be located outside the tree protection zone (TPZ) of any trees to be retained.
Landscaping Conditions
28. No building or works must be commenced (and no trees or vegetation are to be removed) until a revised landscape plan prepared by a suitably qualified and experienced person or firm has been submitted to and endorsed by the Responsible Authority. This plan when endorsed will form part of this permit. This plan must show:
a) Any changes required by Condition 1.
b) Permeable paving product specifications.
13 August 2024
Date of Notice
Landscaping in accordance with this approved plan and schedule must be completed before the development is occupied.
Once approved these plans become the endorsed plans of this permit.
29. The garden areas shown on the endorsed plan must only be used as gardens and must be maintained in a proper, tidy and healthy condition to the satisfaction of the Responsible Authority. Should any tree or shrub be removed or destroyed it may be required to be replaced by a tree or shrub of similar size and variety.
30. The existing street trees must not be removed or damaged except with the written consent of the Responsible Authority.
SMP Conditions
31. Prior to the commencement of any buildings or demolition works, an updated Sustainable Management Plan (SMP) report must be submitted to and approved by the Responsible Authority The updated SMP must be generally in accordance with the submitted SMP, but include:
a) This site must be operated and maintained in a way that is compliant with the EPA General Environmental Duty: Address the general environmental duty (GED) that is at the centre of the Environment Protection Act 2017 and applies to all Victorian businesses.
b) The drainage design must manage activities to avoid the risk of environmental damage. Any chemical or fuel storage areas must be appropriately bunded to prevent spills, leachate or leaks contaminating stormwater.
c) The SMP must include a risk assessment and design recommendations in line with EPA guidelines: 1700: Preventing liquid leaks and spills from entering the environment (fact sheet), 1698: Liquid storage, and handling guidelines, 1730: Solid storage and handling guidelines
d) The stormwater engineering plan must be updated to be consistent with any SMP environmental management recommendations as per EPA guidelines.
e) Recommendations on options and feasibility of energy storage is to be provided.
f) Address Electric Vehicle (EV) charging. Provide the following EV infrastructure:
o Capacity and Load Management: Dedicated EV distribution board(s) in each carpark area that is capable of:
o Electrical infrastructure and load management plan for parking to allow for future installation of a minimum 22 kW (32 Amp three phase) EV charging to a minimum of 25% of all parking spaces.
o A strategy for load sharing and managing the maximum demand load of the development so that it does not exceed the site capacity. Alternatively, confirm the site electrical capacity will cater for the EV charging load in maximum demand calculations as per AS/NZS 3000.
o Dedicated space for cable trays to support the future installation of EV cabling from the distribution board to the edge of each applicable car parking space.
13 August 2024
Date of Notice
Signature for Responsible Authority
o Shared or Communal Space EV Charging: A minimum of 1 Active EV charging unit (minimum 22 kW, 32 Amp three phase) should be installed at a shared or communal parking space, where relevant. Shared or communal EV charging spaces should be located in highly visible, priority locations, to encourage EV uptake.
32. Prior to the occupation of the development, the development must be constructed in accordance with the endorsed Sustainable Management Plan (SMP) report to the satisfaction of the Responsible Authority.
33. The provisions, recommendations and requirements of the endorsed Sustainability Management Plan must be implemented and complied with to the satisfaction of the Responsible Authority.
Lighting Strategy Conditions
34. Before the development commences, a Lighting Strategy must be prepared to outline how the amenity of the area is to be protected during night time hours. The Lighting Strategy must be prepared in accordance with the Safety By Design Guidelines to the satisfaction of the Responsible Authority.
Once submitted and approved to the satisfaction of the Responsible Authority, the Lighting Strategy will from part of the endorsed plans as part of this planning permit.
35. All external lights must be of a limited intensity and must ensure no unreasonable nuisance is caused to adjoining or nearby residents.
36. The approved lighting must be installed and maintained and operated in accordance with requirements of the Lighting Strategy by the building manager and owners of the site for the life of the building, to the satisfaction of the Responsible Authority
WMP Conditions
37. Waste collections for this development are to be completed internally by Private waste collection contractor.
38. Waste collection vehicles are to enter and leave the developed site in a forward direction.
39. Waste collection is to be managed in accordance with the approved Waste Management Plan, unless with the written consent of the Responsible Authority.
Signage Conditions
40. The location, type and dimensions of the signs, including the supporting structure shown on the endorsed plan/s must not be altered without the consent of the Responsible Authority.
41. The signs must be constructed, displayed and maintained to the satisfaction of the Responsible Authority.
42. The approved signs must not be internally or externally illuminated, animated in part or whole and flashing, intermittent or moving lights must not be displayed.
13 August 2024
Date of Notice Signature for Responsible Authority
Planning and Environment Act 1987 Form 5
Construction Management Plan Conditions
43. Prior to the commencement of buildings or works on the land, a Construction Management Plan, detailing how the owner will manage the environmental and construction issues associated with the development, must be submitted to and approved by Council. The Construction Management Plan must be prepared and managed by a suitably qualified person who is experienced in preparing Construction Management Plans in accordance with the City of Whitehorse Construction Management Plan Guidelines.
44. When approved the Construction Management Plan will form part of this permit and must be complied with, to the satisfaction of the Responsible Authority, to the extent that this is in the control of the owner of the land. The owner of the land is to be responsible for all costs associated with the works to be undertaken in accordance with the requirements of the Construction Management Plan.
45. The provisions, recommendations and requirements of the endorsed Construction Management Plans must be implemented and complied with to the satisfaction of the Responsible Authority.
Development Contribution Plan Condition
46. A Development Infrastructure Levy in accordance with the approved Development Contributions Plan which applies to the land must be paid to Whitehorse City Council as the Collecting Agency not more than 21 days prior to, the grant of a building permit under the Building Act, 1993 or the commencement of development of any buildings and works associated with the permitted development, whichever occurs first; or the Owner must enter into an agreement with Whitehorse City Council as the Collecting Agency to pay the Development Infrastructure Levy within a time specified in the agreement.
Expiry Conditions
47. This permit for signage expires fifteen (15) years from the date of this permit. Before this permit expires, the approved sign(s) and any supporting structure must be removed and the land and/or building surface made good to the satisfaction of the Responsible Authority.
48. This permit will expire if one of the following circumstances applies:
a) The development is not commenced within two (2) years from the date of issue of this permit.
b) The development is not completed within four (4) years from the date of this permit.
c) The use does not commence within six (6) months of the completion of the development.
d) The 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 pursuant to the provisions of Section 69 of the Planning and Environment Act 1987
13
August 2024
Date of Notice
Planning and Environment Act 1987 Form 5
Signature for Responsible Authority
Permit Notes:
A. The granting of this permit does not obviate the necessity from compliance with the requirements of any other authority under any act, regulation or local law.
B. Except where no permit is required under the provision of the Whitehorse Planning Scheme, no advertising signs may be constructed or displayed without a permit.
C. Before the development starts, the permit holder must pay the associated amenity value and removal costs for Street Tree 29 (Callery Pear) to the Responsible Authority. (Note: street tree replacement contribution payment will be applicable.)
D. The design and construction of the stormwater drainage system up to the point of discharge from an allotment is to be approved by the appointed Building Surveyor. That includes the design and construction of any required stormwater on-site detention system. The Applicant/Owner is to submit certification of the design of any required on-site detention system from a registered consulting engineer (who is listed on the Engineers Australia National Professional Engineer Register or approved equivalent) to Council as part of the civil plans approval process.
E. The requirement for on- site detention will be noted on your stormwater point of discharge report, or it might be required as part of the civil plans approval.
F. All proposed changes to the vehicle crossing are to be constructed in accordance with the submitted details, Whitehorse Council’s – Vehicle Crossing General Specifications and standard drawings.
G. Report and consent – Any proposed building over the easement is to be approved by the Responsible Authority prior to approval of the building permit. If Report and Consent contradicts with the Planning Permit, amendment of the Planning Permit might be required.
H. The Applicant/Owner is to accurately survey and identify on the design plans all assets in public land that may be impacted by the proposed development. The assets may include all public authority services (i.e. gas, water, sewer, electricity, telephone, traffic signals etc.) and the location of street trees or vegetation. If any changes are proposed to these assets then the evidence of the approval is to be submitted to Council and all works are to be funded by the Applicant/Owner. This includes any modifications to the road reserve, including footpath, naturestrip and kerb and channel.
I. The Applicant/Owner must obtain a certificate of hydraulic compliance from a suitably qualified civil engineer to confirm that the on-site detention works have been constructed in accordance with the approved plans, prior to Statement of Compliance is issued.
J. There is to be no change to the levels of the public land, including the road reserve or other Council property as a result of the development, without the prior approval of Council. All requirements for access for all-abilities (Disability Discrimination Access) are to be resolved within the site and not in public land.
K. No fire hydrants that are servicing the property are to be placed in the road reserve, outside the property boundary, without the approval of the Relevant Authority. If approval obtained, the property owner is required to enter into a S173 Agreement with Council that requires the property owner to maintain the fire hydrant.
L. Redundant vehicle crossing(s) must be removed at the same time as the construction of any new vehicle crossing(s), prior to the completion of development works and where access to a property has been altered by changes to the property.
M. No excavation and/or fill permitted within the easements.
N. Every rateable tenement is liable to pay for municipal charges irrespective of the level of collection services provided by Council.
O. All aspects of the waste management system including the transfer on bins for collection is to be the responsibility of the occupiers, caretaker, manager and/or the body corporate – not the collection contractor.
IMPORTANT INFORMATION ABOUT THIS NOTICE
WHAT HAS BEEN DECIDED?
The Responsible Authority has decided to grant a permit. The permit has not been issued.
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 –
• 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 –
• 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.
• 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
• 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.
• The application for review must be lodged within 21 days of the giving of this notice.
• 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
• An application for review is lodged with the Victorian Civil and Administrative Tribunal.
• 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.
• An application for review must state the grounds upon which it is based.
• 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.