manningham planning scheme manningham city council

Scar:*edbyRhondaS on 16 02 2012

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MANNINGHAM PLANNING SCHEMEManningham City Council (Responsible Authority)

PLANNING PERMITPermit No. PL02/014195

ADDRESS OF THE LAND1−21 Tills Drive WARRANDYTE VIC 3113 Part Lot 1 LP 91615

THE PERMIT ALLOWSRestaurant seating for 75 persons and associated car parking and works in accordance with theendorsed plan.

THE FOLLOWING CONDITIONS APPLY TO THIS PERMIT.

3.

4.

Before the use and/or development starts, two copies of amended plans drawn to scale anddimensioned, must be submitted to and approved by the Responsible Authority. Whenapproved the plans will be endorsed and will then form part of the permit.

The plans must be generally be in accordance with the plans submitted with the CarparkingLayout Plan drawn by PMF designed by MJB dated 23.04.04 and the Site Plan submittedwith the application except that the car parking shall be in accord with the aforementionedCar Parking Plan, but modified to show:

1.1

1.2

1.3

The existing unsealed surface of the on−site carparking area to be retained;

Deletion of the garden lights to the on site car parking area; and

On−site carparking area entry and exit signs that are clearly visible to drivers includingthose approaching from the north along Tills Drive and that are designed to suit thecharacter of the area

to the satisfaction of the Responsible Authority.

The use and/or development as shown on the endorsed plans must not be altered withoutthe written consent of the Responsible Authority.

No live entertainment may be conducted on the premises prior to 10.00am on any day to thesatisfaction of the Responsible Authority.

Noise emitted from the premises must not exceed the permissible noise levels determined inaccordance with the Environmental Protection Policy N−2 Control of Music Noise from PublicPlaces and any such entertainment must be conducted so as to cause no loss of amenity toneighbours.

All noise emanating from any mechanical plant (air conditioners etc.) on the site must complywith the State Environment Protection Policy N−l.

Decision Date 12 June 2004

Simon MitchellSignature for the Responsible Authority

Date Issued:Planning and Environment Regulations 1988 Form4

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If in the opinion of the Responsible Authority noise levels generated through activity withinthe building are exceeding the levels set by the above described policies, operations must beregulated to the satisfaction of the Responsible Authority to ensure compliance and, ifnecessary, additional noise control features must be installed in consultation with an acousticengineer to the satisfaction of the Responsible Authority.

7. The premises must contain seating for no more than 75 patrons, including any externalseating.

8. The subject premises must only operate between the hours of 8.30am to 5.30pm, Mondaysto Sundays (seven days a week).

Except where no permit is required under the provision of the Manningham PlanningScheme, no advertisement or sign (with the exception of the entry and exit signs to thecarpark) may be erected on the site without the prior written consent of the ResponsibleAuthority.

10.The parking areas and access lanes shown on the endorsed plans must be kept available forthese purposes at all times and must be maintained to the satisfaction of the ResponsibleAuthority.

11. Staff vehicles must not be parked on nearby roads during the operating hours of thepermitted use.

12.AII engineering works relating to access, parking and drainage must be carried out inaccordance with detailed construction plans approved by the Responsible Authority. Inparticular such plan must provide for the adequate drainage of the carpark to preventsediment from entering the Yarra River/Warrandyte State Park.

13. No works are permitted to commence on−site until construction plans referred to in Condition12 have been submitted and approved by Council in writing.

14. Sediment control measures for the filtration of runoff must be implemented duringconstruction works to the satisfaction of the Responsible Authority.

15. Driveways and external parking areas must be constructed prior to the commencement ofincreased seating to the restaurant (from 40 to 75 seats) to the satisfaction of theResponsible Authority.

16. Car spaces must be marked out other than by painting to the satisfaction of the ResponsibleAuthority and must not be used for any other purpose other than the parking of vehicles.

17. Prior to the construction of the carpark, a landscaping plan prepared by a landscape architector person of approved competence must be submitted to the Responsible Authority andParks Victoria for approval. Such plan must be generally in accordance with the endorsedplan and must show species, locations, approximate height and spread of proposed planting,the retention and/or removal of existing trees and shrubs where appropriate to thesatisfaction of the Responsible Authority and of Parks Victoria.



Date Issued:Planning and Environment Regulations 1988 Form 4

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18. No vegetation, apart from that shown on the endorsed plan as vegetation to be removed,may be felled destroyed or lopped without the written consent of the Responsible Authority.

19. Landscaped area must be fully planted and mulched or grassed generally in accordance withthe approved landscape plan immediately upon completion of all site works to the satisfactionof the Responsible Authority.

20. The owner must ensure that atl contractors/tradespersons operating on the site are advisedof the status of vegetation to be retained prior to the commencement of the relatedconstruction tasks.

21. Prior to the commencement of the works on site, a tree preservation zone/exclusion zonemust be established around all vegetation to be retained using a suitable barrier system.

22.Prior to any increase in the number of seats to the restaurant allowed by this permit,landscaping works as shown on the endorsed plans must be completed to the satisfaction ofthe Responsible Authority and the maintained to the satisfaction of the ResponsibleAuthority.

23. Buildings engineering works, fences and landscaped areas must be maintained to thesatisfaction of the Responsible Authority.

24. The operator of the premises must ensure that no commercial rubbish pick−ups occur prior to7.30am on any day and that bottles outside the building are handled in such a manner as tocause no unreasonable noise disturbance to nearby residents at night.

25. The rubbish bin storage area must be maintained in an orderly and hygienic condition to thesatisfaction of the Responsible Authority.

26. Service and storage areas must be kept in a tidy, rubbish free condition to the satisfaction ofthe Responsible Authority.

27.The exhaust system of the cooking area must be provided with filter devices capable ofminimising the external emission of odours and airborne fat particles to the satisfaction of theResponsible Authority and such filter system must be maintained to the satisfaction of theResponsible Authority.

28. The amenity of the area must not be detrimentally affected by the use or developmentthrough the:

28.1 transport of materials or goods to and from the land;

28.2 the appearance of any works or materials;

28.3 emission of noise, vibration, smell, fumes, smoke/vapour, dust, waste water andwaste products

to the satisfaction of the Responsible Authority.




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29. The operator of the restaurant use must ensure that all on−site activities and functions areconducted in an orderly manner and the operator must endeavour to ensure that patrons whodepart the premises, including activities within the carparking areas and associated vehiclemovements, do so in a manner not likely to cause unreasonable disturbance to nearbyresidents to the satisfaction of the Responsible Authority.

30. This permit will expire if one of the following circumstances applies;

30.1 The development and use are not commenced within two (2) years of the date ofissue of this permit; and

30.2 The development is not completed two years of the date of commencement.

The Responsible Authority may extend these times if a request is made in writing before thepermit expires or within three months afterwards.

Melbourne Water conditions

31. No polluted and/or sediment laden runoff is to be discharged directly or indirectly intoMelbourne Water's drains or watercourses.

32. An emergency flood response plan must be prepared and completed in consultation with anappropriate accredited risk management firm to the satisfaction of Melbourne Water. Unlessotherwise agreed in writing by Melbourne Water, the emergency flood response plan must becompleted no later than three (3) months after the issuing of this permit. A copy of the planmust be forwarded to Melbourne Water and Manningham City Council.

33. Any new batter slopes must be graded such that the slope is no steeper than the followingratio of 5 horizontal to 1 vertical.

34. Landscaping plans associated with the proposed works must be submitted to MelbourneWater for approval.

35. Any earthworks must be done such that the volume of cut within the floodplain is equivalentor greater than the volume of fill. Prior to the commencement of works, volume calculationsmust be submitted to Melbourne Water demonstrating that the volume of fill does not exceedthe volume of cut.

[THE TRIBUNAL'S ORDER DATED 12 JUNE 2004 IS CORRECTED PURSUANT TO SECTION 119OF THE VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 ON 15 JULY 2004]




manningham planning scheme manningham city council

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