MINUTES of the ORDINARY MEETING of the STONNINGTON CITY COUNCIL held in the COUNCIL CHAMBER, STONNINGTON CITY CENTRE (CORNER GLENFERRIE ROAD & HIGH STREET, MALVERN) on 2 February 2015 COUNCIL MINUTES 2 FEBRUARY 2015 A. READING OF THE RECONCILIATION STATEMENT AND PRAYER B. APOLOGIES C. ADOPTION AND CONFIRMATION OF MINUTES OF PREVIOUS MEETING(S) IN ACCORDANCE WITH SECTION 63 OF THE ACT AND CLAUSE 423 OF GENERAL LOCAL LAW 2008 (NO 1) 1. MINUTES OF THE COUNCIL MEETING HELD ON 15 DECEMBER 2014 ................. 5 D. DISCLOSURE BY COUNCILLORS OF ANY CONFLICTS OF INTEREST IN ACCORDANCE WITH SECTION 79 OF THE ACT1 E. QUESTIONS TO COUNCIL FROM MEMBERS OF THE PUBLIC F. CORRESPONDENCE – (ONLY IF RELATED TO COUNCIL BUSINESS) G. QUESTIONS TO COUNCIL OFFICERS FROM COUNCILLORS H. TABLING OF PETITIONS AND JOINT LETTERS I. NOTICES OF MOTION J. REPORTS OF SPECIAL AND OTHER COMMITTEES K. REPORTS BY DELEGATES L. GENERAL BUSINESS 1. PLANNING PERMIT APPLICATION 0351/14- 283 - 289 HIGH STREET AND 1-3 YORK STREET, PRAHRAN – CONSTRUCTION OF A SIX STOREY BUILDING COMPRISING 31 DWELLINGS, 3 SHOPS, A FOOD AND DRINKS PREMISES (CAFE) WITH LIQUOR LICENCE AND 23 CAR PARKING SPACES .......... 9 2. PLANNING PERMIT APPLICATION 0989/13- 14 - 18 PORTER STREET, PRAHRAN – CONSTRUCTION OF AN EIGHT STOREY BUILDING COMPRISING 114 DWELLINGS AND 135 CAR PARKING SPACES....................... 10 3. PLANNING PERMIT APPLICATION 0695/13 - 1 SYLVESTER CRESCENT, MALVERN EAST – CONSTRUCTION OF A MULTI-DWELLING DEVELOPMENT IN A GENERAL RESIDENTIAL ZONE ......................................... 11 4. PLANNING PERMIT APPLICATION 0498/14 - 5 PACKINGTON PLACE, PRAHRAN - BUILDINGS AND WORKS TO THE EXISTING DWELLING AND CONSTRUCTION OF A SECOND DWELLING ON A LOT IN A GENERAL RESIDENTIAL ZONE AND SPECIAL BUILDING OVERLAY .................................... 16 5. PLANNING PERMIT APPLICATION 0512/14 - 1555 & 1557 - 1559 MALVERN ROAD, GLEN IRIS VICTORIA 3146 - MULTI DWELLING DEVELOPMENT FOR 46 DWELLINGS .............................................................. 19 6. PLANNING PERMIT APPLICATION 0358/13 - 48 PARSLOW STREET, MALVERN - CONSTRUCTION OF TWO DWELLINGS ON A LOT WITHIN A GENERAL RESIDENTIAL ZONE AND ASSOCIATED CAR PARKING REDUCTION ................................................................................................ 23 1 Note that s.79(1)(a) of the Act requires Councillors to disclose the nature of a conflict of interest immediately before the relevant consideration or discussion. Page 2 COUNCIL MINUTES 2 FEBRUARY 2015 7. PLANNING PERMIT APPLICATION 0356/13- 68 MILTON PARADE, MALVERN - USE AND DEVELOPMENT OF THE LAND FOR DWELLINGS AND A FOOD AND DRINK PREMISES (CAFE), CAR PARKING DISPENSATION AND WAIVER OF LOADING AND UNLOADING REQUIREMENTS IN A GENERAL RESIDENTIAL ZONE....................................................................... 24 8. PLANNING PERMIT APPLICATION 0910/13 - 15 MACKAY STREET, PRAHRAN - CONSTRUCTION OF TWO DWELLINGS ON A LOT WITHIN A NEIGHBOURHOOD RESIDENTIAL ZONE .......................................................... 24 9. PLANNING PERMIT APPLICATION 0535/14- 4 GLENBROOK AVENUE, MALVERN EAST- TREE REMOVAL IN A NEIGHBOURHOOD CHARACTER OVERLAY .................................................................................................... 28 10. PLANNING PERMIT APPLICATION 0580/14- 30 THANET STREET, MALVERN - PART DEMOLITION AND CONSTRUCTION OF ALTERATIONS AND ADDITIONS TO AN EXISTING DWELLING ON A LOT LESS THAN 500 SQUARE METRES AND IN A HERITAGE OVERLAY ............................................ 29 11. PLANNING PERMIT APPLICATION 0979/13 - 43 PORTER STREET, PRAHRAN - CONSTRUCTION OF A SEVEN STOREY BUILDING COMPRISING 24 DWELLINGS, OFFICE AND CAR PARKING ................................................... 31 12. AMENDMENT C175 - NEIGHBOURHOOD CHARACTER LOCAL POLICY ADOPTION .................................................................................................. 35 13. AMENDMENT C180 - PUBLIC ACQUISITION OVERLAY CARTERS AVENUE ..................................................................................................... 35 14. COUNCIL'S REPRESENTATIVES TO THE MUNICIPAL ASSOCIATION OF VICTORIA (MAV) FOR 2015 ......................................................................... 37 15. TO AMEND THE LOCALITY BOUNDARY FOR 37 & 39 LARNOOK STREET, ARMADALE TO 37 & 39 LARNOOK STREET, PRAHRAN .................................. 35 16. AINTREE ROAD, GLEN IRIS - PROPOSAL TO INSTALL TRAFFIC MANAGEMENT (ROAD CUSHIONS) ............................................................... 37 17. MARKET STREET CAR PARK, SOUTH YARRA - PROPOSED PERMANENT CLOSURE TO THROUGH TRAFFIC ................................................................. 36 18. NEW STREET, ARMADALE - PARKING PROPOSAL (FOLLOW-UP) ................... 36 19. SUSTAINABILITY SNAPSHOT 2013-14 .......................................................... 36 20. CHANGES TO VCAT PROCESSES ................................................................. 37 21. COMMUNITY GRANT 2014-2015 HEALTHY TOURISM SENIORS CLUB VIGOR ............. 37 22. COMMUNITY GRANT 2014-2015 - STONNINGTON BALLROOM DANCING ASSOCIATION INC. ............................................................................................................. 37 23. REQUEST FOR OFF-CYCLE COMMUNITY GRANT - LADIES' PROBUS CLUB OF MALVERN ...................................................................................................................... 38 24. COMMUNITY GRANT REQUEST - PRAHRAN ROTARY CLUB ................................ 38 M. OTHER GENERAL BUSINESS N. URGENT BUSINESS O. CONFIDENTIAL BUSINESS Page 3 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 PRESENT : CR MELINA SEHR, MAYOR : CR JOHN CHANDLER : CR ERIN DAVIE : CR JAMI KLISARIS : CR MATTHEW KOCE : CR JOHN MCMORROW : CR ADRIAN STUBBS : CR CLAUDE ULLIN : CR TINI ATHANASOPOULOS COUNCIL OFFICERS PRESENT : WARREN ROBERTS, CEO : GEOFF COCKRAM : SIMON THOMAS : CONNIE GIBBONS : KAREN WATSON : STUART DRAFFIN : ALEXANDRA KASTANIOTIS : FABIENNE THEWLIS Page 4 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 A. Reading Of The Reconciliation Statement And Prayer Fabienne Thewlis, Manager Governance & Corporate Support, read the following reconciliation statement: We acknowledge that we are meeting on the traditional land of the Boonwurrung and Wurundjeri people and offer our respects to the elders past and present. We recognise and respect the cultural heritage of this land. The meeting began with a prayer at 7.01pm. The Mayor, Cr Sehr, opened the meeting, introducing Councillors. She welcomed the new South Ward Councillor, Cr Tini Athanasopoulos, to her first Council Meeting. The Mayor introduced the CEO, Warren Roberts, who introduced Council Officers to the meeting. B. Nil Apologies C. Adoption And Confirmation Of Minutes Of Previous Meeting(S) In Accordance With Section 63 Of The Act And Clause 423 Of General Local Law 2008 (No 1) 1. Council Meeting - 15 December 2014 MOTION: MOVED CR MCMORROW SECONDED CR STUBBS That the Council confirms the Minutes of the Ordinary Council Meeting and the Confidential Minutes of the Stonnington City Council held on 15 December 2014 as an accurate record of the proceedings. Carried The CEO, Warren Roberts, noted that on 2 February 2015, after the declaration by the Returning Officer of Cr Athanasopoulos as South Ward Councillor following the recount of South Ward as a result of the resignation of Cr Sam Hibbins who was elected to the State Parliament as the Member for Prahran, Cr Athanasopoulos had made the Councillor’s Oath of Office and the Declaration to abide by the Councillor’s Code of Conduct, and sworn in as a Councillor of the City of Stonnington. He noted that copies of these declarations would be incorporated into these minutes. D. Disclosure by Councillors of any conflicts of interest in accordance with Section 79 of the Act Cr McMorrow declared a Direct Conflict of Interest in relation to Item 16 – Aintree Road, Glen Iris Proposal to Install Traffic Management (Road Cushions) as he is a resident in that street. Cr Ullin declared an Indirect Conflict Interest in relation to Item 24 – Community Grant Request Prahran Rotary Club, as he is a member of the Prahran Rotary Club. The Manager Planning & Development, Alexandra Kastaniotis, declared an Indirect Conflict of Interest, Close Association, in relation to Item 1 - 283-289 High Street & 1-3 York Street, Prahran, as she has relatives who live in close proximity to these sites. The Mayor, Cr Sehr, declared a Direct Interest in relation to Item 2 - 14-18 Porter Street, Prahran, as she lives one street away and the development will be visible from her front yard. Page 5 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 E. Questions to Council from Members of the Public The Mayor Cr Sehr, read the following statement: During Council’s previous Ordinary Meeting no set of questions to Council was received from members of the public. For tonight’s Ordinary Meeting of Council no set of Questions to Council has been received for response. F. Correspondence – (only if related to council business) Cr McMorrow tabled the following correspondence: An email (2.2.15) from a resident of Prahran asking that the following ground of refusal be added to the motion in relation to Item 2 - 14-18 Porter Street, Prahran: ‘Loss of safety and security with removal of existing boundary wall (northern wall of subject site)’ on the grounds of potential loss of existing security, safety and privacy. An email (27.1.15) from a resident of Sylvester Crescent, Malvern East, objecting to Item 3: 1 Sylvester Crescent, Malvern East, on the grounds of: inappropriate development; privacy issues; and lack of promised Sylvester Crescent traffic management surveys and arborial surveys. An email (30.1.15) from the applicant for Item 9 - 4 Glenbrook Avenue, Malvern East, with further information about the application in relation to: damage to houses, power lines and footpaths; and giving a history of pruning and aborist assessments of the gum trees under consideration. Cr Ullin tabled the following correspondence: Emails (30.5.14 & 2.2.15) from six residents of Porter Street, Prahran, objecting to Item 2 - 14-18 Porter Street, Prahran, on grounds including: amenity impacts as the result of excessive visual bulk, mass and scale; overlooking; lack of appropriate setbacks; lack of landscaping and urban design; neighbourhood character issues; lack of open space; potential flooding issues; traffic and safety issues; and significant impacts on residential amenity. Correspondence in relation to Council acquisition of properties, development of Toorak Park and proposed changes to Victory Square: An email (29.1.15) from residents of Mount Pleasant Grove making suggested changes to the proposed development on the grounds of: current community use; and the removal of frequently utilised equipment. The email also asks for clarity about a number of issues. An email (1.2.15) from a resident of Ashleigh Road, expressing concerns including: lack of notification of the proposal; and the proposed relocation of the highly utilised children’s playground. The email makes a range of suggestions about the issue. An email (1.2.15) from residents of Linlithgow Road, Toorak, objecting to major changes to Victory Square on the grounds that it is well utilised, and provides a relaxed open recreational area and playground for residents. The email suggests a range of ways in which Council could provide open space for residents. Cr Chandler tabled the following correspondence: An email (1.2.15) from Save a Dog Scheme asking Council to take action in relation to a retaining wall along Monash Freeway and adjacent to their facility which is disintegrating and posing a potential hazard to users of the public area. Cr Chandler said that the General Manager City Works, Simon Thomas, had already been asked to look into this matter. Page 6 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 Cr Sehr tabled the following correspondence: An email (14.1.15) from the Hon. Natalie Hutchins MP, Minister for Local Government, informing Council that the State Government has begun the process of implementing the Labor Government’s election commitment to cap Council rates, commencing in the 2016-17 financial year. An email already tabled in relation to Item 2 - 14-18 Porter Street, Prahran. An email (29.1.15) from the applicant for Item 10 - 30 Thanet Street, Malvern, noting that amended plans have been advertised and no objections received. The email asks that Council approve the application for a crossover in Thanet Street leading to a two-car parking space on the grounds of: compliance with Council’s requirements; provision of off-street parking; and the existence of such parking in the majority of neighbouring heritage-listed properties. Correspondence from the General Manager, Fundraising & Community Relations, Uniting Care Prahran: A letter (13.10.14) thanking Council for its donation of $12,000 in support of Prahran Missions’ Christmas Day Lunch at Malvern Town Hall. A letter (16.12.14) thanking Council for its generous donation of $27,500 to assist in the provision of the 2014 Christmas Day Lunch at the Malvern Town Hall. G. A Questions to Council Officers from Councillors EAST END OF PARKER STREET, SOUTH YARRA Cr John Chandler referred to discussions he has had with the Manager, Transport & Parking Unit, Ian McLauchlan, about revision to parking at the east end of Malcolm Street, South Yarra. He asked where this matter is at. The General Manager City Works, Simon Thomas, took the matter on notice and advised that he would provide an update Councillors by email. B PARKING IN ELIZABETH STREET Cr John Chandler said he understood that Council was consulting with Victoria Police in relation to parking restrictions in Elizabeth Street near Prahran Market and the No Parking area that commences at 7.00pm. It has been suggested that the Aldi store would benefit from extended parking in that area. He expressed the hope that these discussions could be resolved and a slight extension to parking hours be approved. He asked when this matter was likely to come to Council. The General Manager City Works, Simon Thomas, took the matter on notice and advised that he would provide an update Councillors by email. C GARBAGE IN ELIZABETH STREET Cr John Chandler said there had been a number of complaints about unsightly garbage in the communal rubbish area near the Kentucky Fried Chicken store in Elizabeth Street. He said he understood that Council Officers were negotiating a resolution and asked how that was progressing. The General Manager, Planning and Development, Stuart Draffin, said that a resolution had been reached before Christmas 2014 with rubbish removed and the area kept tidy however Council Officers were aware that the situation had regressed. Fines have been Page 7 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 issued and Council Officers are continuing to pursue the matter with traders in the area. D TRAFFIC STUDY OSMENT STREET, MOUNT PLEASANT GROVE & ASHLEIGH ROAD Cr Claude Ullin said he was not sure if the request for a traffic study for Osment Street, Mount Pleasant Grove and Ashleigh Road had been approved at a Council Meeting. If not, he expressed the hope that the survey would be carried out, especially in the light of concerns about New Street, Victory Square and the new development at 590 Orrong Road. He asked that Council Officers prepare a report. The General Manager, Planning and Development, Stuart Draffin, took the question on notice. The Mayor, Cr Sehr, noted that Council had received a response in relation to this matter, but that it needed further investigation. H. Tabling of Petitions and Joint Letters Cr Sehr tabled a petition with six signatures from residents of 462-464 Malvern Road, Prahran, drawing to the attention of Council the excessive odour produced by a Subway store at 462-464 Malvern Road, Prahran. The odour emanating from the store permeates all three residential properties, the common areas as well as the private courtyard of residents, several days per week. At its worst, the smell is overpowering and permeates all rooms within the adjoining units. There appear to be little to no measures for adequate odour management for this commercial store. Continual dumping of garbage on sidewalks, common car parking areas and neglect of commercial bins further adds to environmental pollution and offensive odours. The petitioners request that Council investigate the environmental odour and waste management of the store, and request that necessary action be taken to minimise the significant impact on the residents of 462-464 Malvern Road. PROCEDURAL MOTION: MOVED CR CHANDLER SECONDED CR ULLIN That Council receive the petition. Carried I. Notices of Motion Nil J. Reports of Special and Other Committees The CEO, Warren Roberts, tabled the following Assembly of Councillors Records: Chapel Off Chapel Advisory Committee Meeting held on 22 January 2015 Councillor Briefing Meeting held on 27 January 2015 A summary of Planning Consultative Meetings held in December 2014 K. Reports of Delegates Cr Ullin, as MAV delegate, reported on the following: Page 8 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 School Crossing Supervisor Campaign: The City of Boroondara is running a campaign to recruit more School Crossing Supervisors, and has created a range of targeted videos that other councils can access. So far the campaign has been a great success with 21 new recruits in 2014 compared to six recruits in the previous two years. There has also been a substantial amount of media interest in the campaign. National Awards for Local Government: Applications for the 2015 National Awards for Local Government are now open, closing on 27 February. Cr Ullin expressed the hope that the City of Stonnington would make applications in some areas. Royal Commission into Family Violence: Terms of Reference: The proposed Terms of Reference have been announced by the State Government for the Royal Commission into Family Violence, with a strong focus on early intervention and response. Cr Ullin noted that the City of Stonnington had its own campaign prior to Christmas and expressed the hope that Council would continue its support. L. General Business Having declared an Indirect Interest, Close Association, in relation to Item 1 - 283-289 High Street & 1-3 York Street, Prahran, the Manager Planning & Development, Alexandra Kastaniotis, left the chamber at 7.16pm prior to consideration of Item 1. 1 PLANNING PERMIT APPLICATION 0351/14- 283 - 289 HIGH STREET AND 1-3 YORK STREET, PRAHRAN – CONSTRUCTION OF A SIX STOREY BUILDING COMPRISING 31 DWELLINGS, 3 SHOPS, A FOOD AND DRINKS PREMISES (CAFE) WITH LIQUOR LICENCE AND 23 CAR PARKING SPACES MOTION: MOVED CR ULLIN SECONDED CR SEHR That Council advise VCAT and other interested parties that had a Failure to Determine appeal not been lodged, a Refusal to Grant a Planning Permit No: 0351/14 would have been issued for the land located at 283 – 289 High Street and 1 – 3 York Street, Prahran for the construction of a mixed-use development, reduction in car parking requirements, waiver of loading bay requirements and restaurant and cafe liquor licence associated with a food and drinks premises (cafe) under the Stonnington Planning Scheme on the following grounds: 1. The proposed building height, mass, scale and lack of appropriate setbacks does not respond to the context of the area and will adversely affect the adjoining properties. 2. The proposed development provides an unsatisfactory layout and design of the car parking areas. 3. The proposed liquor licence hours for the outdoor area are excessive. 4. The use of York Street and the local street network for sole access/egress to the on-site parking is inappropriate and will have an unnecessary and adverse impact on the local street network and amenity of the surrounding residential area. Carried The Manager Planning & Development, Alexandra Kastaniotis, returned to the chamber at 7.18pm prior to consideration of Item 2 - 14-18 Porter Street, Prahran. Page 9 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 The Mayor Cr Sehr called for a nomination for Chair of the Meeting to enable her to vacate the Chair due to a Conflict of Interest in the following item. PROCEDURAL MOTION: MOVED CR CHANDLER SECONDED CR MCMORROW That Cr Stubbs take the Chair for Item 2 - 14-18 Porter Street, Prahran. Carried Having declared a Direct Interest in relation to Item 2 - 14-18 Porter Street, Prahran, the Mayor, Cr Sehr, vacated the Chair and left the chamber at 7.18pm prior to consideration of Item 2. Cr Stubbs assumed the Chair. 2 PLANNING PERMIT APPLICATION 0989/13- 14 - 18 PORTER STREET, PRAHRAN – CONSTRUCTION OF AN EIGHT STOREY BUILDING COMPRISING 114 DWELLINGS AND 135 CAR PARKING SPACES MOTION: MOVED CR ULLIN SECONDED CR CHANDLER That Council advise VCAT and other interested parties that had a Failure to Determine appeal not been lodged, a Refusal to Grant a Planning Permit No: 0989/13 would have been issued for the land located at 14 – 18 Porter Street, Prahran under the Stonnington Planning Scheme for the construction of a multi dwelling development and a reduction of the car parking requirement in a Mixed Use Zone and Design and Development Overlay 7 on the following grounds: 5. The proposed building mass, scale and lack of appropriate setbacks does not respond to the context of the area and will adversely affect the adjoining residential properties. 6. The ground floor interface with Porter Street provides a poor urban design outcome for the proposed development. 7. The proposed development provides an unsatisfactory level of internal amenity for future occupants of the dwellings. 8. The proposed development provides an unsatisfactory layout and design of the car parking areas. 9. The proposed development provides an unsatisfactory landscaping response for the site and the neighbourhood character. 10. The proposed development will result in unreasonable amenity impacts to adjoining dwellings, through visual bulk and overlooking. 11. The finished floor levels and courtyards will not provide protection from flooding that may be created by the development. Page 10 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 12. The removal of the existing northern boundary wall will result in the loss of safety and security to the adjoining properties to the north. The proposed new boundary wall is a low timber paling fence, which fails to provide the security, safety and privacy that the existing boundary wall provides. Carried The Mayor, Cr Sehr, returned to the chamber at 7.21pm and resumed the Chair that Cr Stubbs had vacated prior to consideration of Item 3 – 1 Sylvester Crescent, Malvern East. 3 PLANNING PERMIT APPLICATION 0695/13 - 1 SYLVESTER CRESCENT, MALVERN EAST – CONSTRUCTION OF A MULTI-DWELLING DEVELOPMENT IN A GENERAL RESIDENTIAL ZONE MOTION: MOVED CR DAVIE SECONDED CR STUBBS That a Notice of Decision to Grant a Planning Permit No: 0695/13 for the land located at 1 Sylvester Crescent, Malvern, be issued under the Stonnington Planning Scheme for the construction of a multi-dwelling development on a lot within a General Residential Zone subject to the following conditions: 1. Before the commencement of the development, three (3) copies of plans drawn to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the plans advertised in November 2014 (Council dated stamped 12 August and 20 October 2014) but modified to show: a) Screening of the following habitable room windows and/or balconies in accordance with Standard B22 of Clause 55 of the Stonnington Planning Scheme: i. north-facing window to the kitchen of Dwelling 3 on the first floor; ii. north elevation of the balcony next to bedroom 1 of Dwelling 3 on the first floor; iii. north elevation of the north-facing balcony of Dwelling 5 on the second floor. b) Downward views from the east-facing balcony of Dwelling 5 be reduced by the installation of screens or planter boxes along the edge of the balcony or by an alternative way to the satisfaction of the Responsible Authority. c) Annotation on the elevations that confirms all the screening has a transparency of no more than 25 percent and is up to at least 1.7m above the finished floor level in accordance with Standard B22 of Clause 55 of the Stonnington Planning Scheme. d) A sight distance triangle or similar means of achieving adequate sight lines at the base of the ramp to the satisfaction of the Responsible Authority. e) A notation indicating that the parking area gradients will be a minimum 1 in 200 (0.5%) for covered areas to allow for adequate drainage as per AS 2890.1. f) A schedule of construction materials, external finishes and colours. g) Location and capacity of the proposed water tanks and confirmation that they will be connected with toilets for flushing. Page 11 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 h) Roof plan be updated to confirm the drainage area that will be connected to the rainwater tanks. i) Details of all plant and equipment. j) Details of the door to the basement car park. k) Installation of an intercom system at the secure entry point to permit visitors accessing the visitor parking space to the satisfaction of the Responsible Authority. l) Basement plan be updated to show the capacity of the storage provided to each dwelling in accordance with Standard B30 of Clause 55. m) Ground floor plan be updated to show the location of mailboxes. n) Any change as required by the Tree Management Plan in accordance with Condition 3. o) Any change as required by the Landscape Plan in accordance with Condition 4. p) Any change as required by the Water Sensitive Urban Design Response in accordance with Condition 7. q) Any change as required by the Waste Management Plan in accordance with Condition 9. all to the satisfaction of the Responsible Authority. 2. The development must be in accordance with the endorsed plans unless otherwise agreed in writing by the Responsible Authority. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason (unless the Stonnington Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority. 3. Concurrent with the endorsement of development plans a tree management plan prepared by a suitably qualified arborist must be submitted to and approved by the Responsible Authority. When approved, the tree management plan will form part of this permit and all works must be done in accordance with the tree management plan. The tree management plan must detail measures to protect and ensure the viability of the following: a) the two trees at the rear of the subject land abutting the boundary with 2097 Malvern Road. b) the trees at the front and rear of 3 Sylvester Crescent next to the common boundary with the subject land. c) the hedge at the rear of 2099 Malvern Road. d) the two street trees to be retained. Without limiting the generality of the tree management plan it must have at least three sections as follows: I. Pre-construction – details to include a tree protection zone, height barrier around the tree protection zone, amount and type of mulch to be placed above the tree protection zone and method of cutting any roots or branches which extend beyond the tree protection zone. II. During-construction – details to include watering regime during Page 12 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 construction and method of protection of exposed roots. III. Post-construction – details to include watering regime and time of final inspection when barrier can be removed and protection works and regime can cease. Pre-construction works and any root cutting must be inspected and approved by the Parks Unit. Removal of protection works and cessation of the tree management plan must be authorised by the Parks Unit. 4. Before the development starts, a landscape plan to be prepared by a landscape architect or suitably qualified or experienced landscape designer, must be submitted to and approved by the Responsible Authority. When approved, the landscape plan will be endorsed and will then form part of the permit. The landscape plan must be drawn to scale with dimensions and three copies must be provided. The landscape plan must show: a) A survey (including botanical names) of all existing vegetation to be retained and/or removed b) Buildings and trees (including botanical names) on neighbouring properties within three metres of the boundary c) Details of surface finishes of pathways and walkways. d) Details of all proposed hard surface materials including pathways, patio or decked areas. e) A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant f) Landscaping and planting within all open areas of the site including at least two canopy trees within the frontage of the site to the satisfaction of the Responsible Authority. 5. Before occupation of the development, the landscaping works as shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority. Landscaping must then be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced. 6. Prior to the commencement of works, the permit holder must contact Council’s Parks Unit and arrange for the removal / relocation of the southernmost street tree abutting the subject land. Payment of a fee of $200 is to be arranged at this time. All works associated with removal or relocation of the tree is to be undertaken by Council. 7. Concurrent with the endorsement of plans, the applicant must provide a Water Sensitive Urban Design Response addressing the Application Requirements of the Water Sensitive Urban Design Policy to the satisfaction of the Responsible Authority. All proposed treatments included within the Water Sensitive Urban Design Response must also be indicated on the plans. 8. The project must incorporate the Water Sensitive Urban Design initiatives detailed in the endorsed site plan and/or stormwater management report. 9. Concurrent with the endorsement of plans, a Waste Management Plan must be Page 13 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 submitted to and approved by the Responsible Authority. The Waste Management Plan must include: a) b) c) d) e) f) Dimensions of waste areas. The number of bins to be provided. Method of waste and recyclables collection. Hours of waste and recyclables collection. Method of presentation of bins for waste collection Clear delineation of the bin area. When approved, the plan will be endorsed and will then form part of the permit. Waste collection from the development must be in accordance with the plan, to the satisfaction of the Responsible Authority. 10. The crossover must be constructed to Council’s Standard Vehicle Crossover Guidelines unless otherwise approved by the Responsible Authority. 11. Prior to occupation of the building, any existing vehicular crossing made redundant by the building and works hereby permitted must be broken out and re-instated as standard footpath and kerb and channel at the permit holders cost to the approval and satisfaction of the Responsible Authority. 12. Prior to occupation of the building, the permit holder must contact Council’s Transport and Parking Department to advise that the works to the crossovers are complete and alterations to the on-street parking restrictions may be required. 13. Prior to the occupation of the building the walls on the boundary of the adjoining properties must be cleaned and finished to the satisfaction of the responsible authority. 14. Before the development starts, a report for the legal point of discharge must be obtained from Council. A drainage design for the development must be prepared by a suitably qualified Engineer in accordance with the report prior to a building permit being issued. 15. The existing footpath levels must not be lower or altered in any way to facilitate access to the site. 16. Prior to the occupation of the building, fixed privacy screens (not adhesive film) designed to limit overlooking as required by Standard B22 of Clause 55.04-6 in accordance with the endorsed plans must be installed to the satisfaction of the Responsible Authority and maintained to the satisfaction of the Responsible Authority thereafter for the life of the building. 17. All plant and equipment (including air-conditioning units) shall be located or screened so as not to be visible from any of the surrounding footpaths and adjoining properties and shall be baffled so as to minimise the emission of unreasonable noise to the environment in accordance with Section 48A of the Environment Protection Act 1970 to the satisfaction of the Responsible Authority. 18. There must be no: a) Storage of materials (including temporary stack sites) or spoil; b) Truck turning areas; Page 14 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 c) d) e) f) g) New entry points; Parking of vehicles; Vegetation removal; Building and works; and Discharge of stormwater or other concentrated flow of water; On the nearby Crown land (known as Waverley Oval) as part of the development and its future use. 19. All stormwater and surface drainage should be directed to a legal point of discharge away from the Crown land and managed in accordance with the EPA & Melbourne Water Best Practice Environmental Management Guidelines for Urban Stormwater. 20. Any landscaping works under on the site must not include the planting of environmental weeds. 21. This permit will expire if one of the following circumstances applies: a) The development is not started within two years of the date of this permit. b) The development is not completed within four years of the date of this permit. The Responsible Authority may extend the periods referred to if a request is made in writing within the following timeframes: i. Before or within 6 months after the permit expiry date, where the development allowed by the permit has not yet started; and ii. Within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires. NOTES: i. This permit does not constitute any authority to carry out any building works or occupy the building or part of the building unless all relevant building permits are obtained. ii. The owners and occupiers of the dwelling/s hereby approved are not eligible to receive “Resident Parking Permits”. iii. The crossover must be constructed to Council’s Standard Vehicle Crossover Guidelines unless otherwise approved by the Responsible Authority. Separate consent for crossovers is required from Council’s Building and Local Law Unit. iv. Nothing in this permit hereby issued shall be construed to allow the removal of, damage to or pruning of a significant tree (including the roots) without the further written approval of Council. “Significant tree” means a tree: a) b) c) with a trunk circumference of 180 centimetres or greater measured at its base; or with a trunk circumference of 140 centimetres or greater measured at 1.5 metres above its base; or listed on the Significant Tree Register. Please contact the Council Arborists on 8290 1333 to ascertain if permission is required for tree removal or pruning or for further information and protection of Page 15 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 trees during construction works. v. At the permit issue date, Section 69 of the Planning and Environment Act 1987 stated that the Responsible Authority may extend the periods referred to if a request is made in writing within the following timeframes: 1) Before or within 6 months after the permit expiry date, where the development allowed by the permit has not yet started; and 2) Within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires. Carried 4 PLANNING PERMIT APPLICATION 0498/14 - 5 PACKINGTON PLACE, PRAHRAN - BUILDINGS AND WORKS TO THE EXISTING DWELLING AND CONSTRUCTION OF A SECOND DWELLING ON A LOT IN A GENERAL RESIDENTIAL ZONE AND SPECIAL BUILDING OVERLAY MOTION: MOVED CR ULLIN SECONDED CR CHANDLER That a Notice of Decision to Grant a Planning Permit No: 0498/14 for the land located at 5 Packington Place, Prahran be issued under the Stonnington Planning Scheme for buildings and works to the existing dwelling and construction of a second dwelling on a lot in a General Residential Zone and Special Building Overlay subject to the following conditions: 1. Before the commencement of the development, three (3) copies of plans drawn to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the plans submitted 1 December 2014 but modified to show: a) A landscape plan in accordance with Condition 3. 2. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason (unless the Stonnington Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority. 3. Before the development starts, a landscape plan to be prepared by a landscape architect or suitably qualified or experienced landscape designer, must be submitted to and approved by the Responsible Authority. When approved, the landscape plan will be endorsed and will then form part of the permit. The landscape plan must be drawn to scale with dimensions and three copies must be provided. The landscape plan must show: a) A survey (including botanical names) of all existing vegetation to be retained and/or removed Buildings and trees (including botanical names) on neighbouring properties within three metres of the boundary b) Details of surface finishes of pathways and driveways c) A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, Page 16 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 and quantities of each plant d) Landscaping and planting within all open areas of the site e) One canopy tree (minimum 2.5 metres tall when planted and a mature height of at least 10 meters or more ) as shown on the plan No. TP3-32 Council date stamped 1 December 2014 to replace the Narrow-leaved Black Peppermint (Eucalyptus nicholii) canopy tree to be removed. f) The extent of any cut, fill, embankments or retaining walls associated with the landscape treatment of the site g) Details of all proposed hard surface materials including pathways, patio or decked areas. 4. Before the occupation of the development, the landscaping works as shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority. Landscaping must then be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced. 5. The development hereby permitted must not commence until the owner of the land enters into an agreement with the Responsible Authority pursuant to the provisions of Section 173 of the Planning and Environment Act 1987 in which it must be covenanted as follows: a) That the requirements contained in this agreement must form part of any lease of the premises which the owner of the land under this permit may enter into with another party; b) Pursuant to the provisions of Section 181 of the Planning and Environment Act 1987 this agreement must be registered with the Registrar of Titles and must run with the land; c) The owner of the land under this permit must pay the legal costs and be responsible for the preparation and registration of the said agreement; d) Indemnification of Council relating to the floor levels being below the recommended height above flood level and therefore being at risk of flooding; 6. e) The owner or agent must inform all occupiers and/or tenants that the floor level is below Council’s standard requirements relating to the height of the floor levels relative to the applicable flood level and that the dwelling is therefore at risk of flooding; f) The floodwater that may enter the dwelling may impact on electrical wiring and appliances, floor coverings and furniture etc. Any such situation relating to the electrical wiring and appliances may result in injury and/or death. Prior to the occupation of the building the walls on the boundary of the adjoining properties must be cleaned and finished to the satisfaction of the Page 17 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 Responsible Authority. 7. Prior to the development commencing, a report for the legal point of discharge must be obtained from Council and a drainage design for the development must be prepared by a suitably qualified Engineer in accordance with that report prior to a building permit being issued. The drainage must be constructed in accordance with the Engineer’s design. 8. The project must incorporate the Water Sensitive Urban Design initiatives detailed in the endorsed site plan and/or stormwater management report. 9. All utility services to the subject land and buildings approved as part of this permit must be provided underground to the satisfaction of the Responsible Authority by completion of the development 10. This permit will expire if one of the following circumstances applies: a) The development is not started within two years of the date of this permit. b) The development is not completed within four years of the date of this permit. In accordance with Section 69 of the Planning and Environment Act 1987, a request may be submitted to the Responsible Authority within the prescribed timeframes for an extension of the periods referred to in this condition. NOTES This permit does not constitute any authority to carry out any building works or occupy the building or part of the building unless all relevant building permits are obtained. The applicable flood level for the property is 31.40 metres A.H.D. Nothing in this permit hereby issued shall be construed to allow the removal of, damage to or pruning of a significant tree (including the roots) without the further written approval of Council. “Significant tree” means a tree: a) with a trunk circumference of 180 centimetres or greater measured at its base; or b) with a trunk circumference of 140 centimetres or greater measured at 1.5 metres above its base; or c) listed on the Significant Tree Register. Please contact the Council Arborists on 8290 1333 to ascertain if permission is required for tree removal or pruning or for further information and protection of trees during construction works. Page 18 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 Nothing in the permit hereby issued may be construed to allow the removal of, damage to or pruning of any street tree without the further written consent of the Stonnington City Council. Contact the Council Arborists on 8290 1333 for further information. At the permit issue date, Section 69 of the Planning and Environment Act 1987 stated that the Responsible Authority may extend the periods referred to if a request is made in writing within the following timeframes: i. Before or within 6 months after the permit expiry date, where the development allowed by the permit has not yet started; and ii. Within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires. Carried 5 PLANNING PERMIT APPLICATION 0512/14 - 1555 & 1557 - 1559 MALVERN ROAD, GLEN IRIS VICTORIA 3146 - MULTI DWELLING DEVELOPMENT FOR 46 DWELLINGS MOTION: MOVED CR STUBBS SECONDED CR DAVIE That Council advise VCAT and other parties that had a Failure to Determine appeal not been lodged, a Notice of Decision to Grant Planning Permit No 0512/14 would have been issued for the land located at 1555 & 1557 - 1559 Malvern Road, Glen Iris be issued under the Stonnington Planning Scheme for the construction of a multidwelling development in a Residential Growth Zone and creation of access to a Road Zone Category 1 at 1555 & 1557 - 1559 Malvern Road, Glen Iris subject to the following conditions: 1. Before the development starts, three (3) copies of plans drawn to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the VCAT plans, Council date stamped 11 December 2014 but modified to show: a) The changes required by VicRoads outlined in conditions 11, 12 and 13. b) The eastern window to bedroom 1 of apartment 1.12 screened in accordance with Standard B22. c) The western edge of the level 1, 2 and 3 balconies screened in accordance with Standard B22. d) The eastern edge of the level 1, 2 and 3 balconies screened in accordance with Standard B22. e) Details of the operation of the stop and go signals, column locations, pedestrian aisles, a longitudinal plan and swept path diagrams for the waste collection truck demonstrating that suitable access will be provided such that they are generally in accordance with the Australian Standards or to the satisfaction of the Responsible Authority. Page 19 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 f) Any changes required by conditions 3, 5, 6 and 9 2. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason (unless the Stonnington Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority. 3. Concurrent with the endorsement of plans, a Landscape Plan to be prepared by a landscape architect or suitably qualified or experienced landscape designer, must be submitted to and approved by the Responsible Authority. The Landscape Plan must be similar to the Landscape Plan submitted for Consideration (Council date stamped 23 Dec 2014) but modified to show at least one canopy tree planted in the north eastern corner of the site. 4. Prior to occupation, the landscaping works as shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority. Landscaping must then be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced. 5. Concurrent with the endorsement of development plans a Tree Management Plan prepared by a suitably qualified arborist must be submitted to and approved by the Responsible Authority. When approved, the tree management plan will form part of this permit and all works must be done in accordance with the Tree Management Plan. The Tree Management Plan must detail measures to protect and ensure the viability of the retained trees on the site (2 x Chinese Elm in north western corner), trees on neighbouring property (2 x Silky Oak and Sweet Pittosporum ) and the street trees (2 x Brush Box) located in front of the site. Without limiting the generality of the tree management plan must include the following: a) Pre-construction – details to include a tree protection zone, height barrier around the tree protection zone, amount and type of mulch to be placed above the tree protection zone and method of cutting any roots or branches which extend beyond the tree protection zone. b) During-construction – details to include watering regime during construction and method of protection of exposed roots. c) Post-construction – details to include watering regime and time of final inspection when barrier can be removed and protection works and regime can cease. 6. Concurrent with the endorsement of any plans a Sustainable Management Plan (SMP) must be submitted to and approved by the Responsible Authority. Upon approval the SMP will be endorsed as part of the planning permit and the development must incorporate the sustainable design initiatives outlined in the SMP to the satisfaction of the Responsible Authority. Amendments to the SMP must be incorporated into plan changes required under Condition 1. The report must be generally in accordance with the SMP prepared by JBA Consulting 29/05/2014 submitted with the application but updated to address the following: a) A revised implementation plan that identifies the roles and Page 20 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 b) c) d) e) f) g) h) i) j) responsibilities related to design stages (e.g. appropriate procurement, engineering considerations etc.). Commitments identified for action by the developer elsewhere in the SMP must also be included in the implementation plan. Correction to submitted STEPS report to indicate that location of property is within Stonnington jurisdiction and not Moreland. The provision of a full list of fabric assumptions utilised in the assessment of units against BCA energy rating requirements. The SMP and plans updated to indicate that a gas instantaneous system will be provided as identified in the STEPS report. Plans to be annotated to confirm dimensions and connection from the rainwater tanks to internal toilet flushing and roof area to be drained to rainwater tank. The plans revised to include annotations indicating type of cycle parking or demarcation of visitors/resident parking. Modification of the proposal to better accord with Council’s best practice target of 70% reuse and recycling target for the construction and demolition phase. A commitment to the development of a Building User Guide targeted to both residents and building managers. A commitment to building tuning or commissioning. 7. Prior to the occupation of the development approved under this permit, a report from the author of the Sustainability Management Plan, approved pursuant to this permit, or similarly qualified person or company, must be submitted to the Responsible Authority. The report must be to the satisfaction of the Responsible Authority and must confirm that all measures specified in the Sustainability Management Plan have been implemented in accordance with the approved plan. 8. The project must incorporate the Water Sensitive Urban Design initiatives detailed in the endorsed site plan and/or stormwater management report. 9. Concurrent with the endorsement of plans, a Waste Management Plan must be submitted to and approved by the Responsible Authority. The Waste Management Plan must be generally in accordance with the Waste Management Plan submitted with the application by Leigh Design Pty Ltd and dated 29 May 2014. 10. All costs for the removal and replacement of the street tree are to be borne by the permit holder and paid for at the time of construction. All works (removal, species selection and planting) in this regard will be undertaken by Council. VicRoads Conditions 11. Before the development starts, amended plans must be submitted to and approved by VicRoads. When approved by VicRoads, the plans may be endorsed by the Responsible Authority and will then form part of the permit. The plans must be generally in accordance with the submitted plans (Town Planning Drawings prepared by Conrad, project no. C1404, revision A dated Dec 2014) but modified to show: a) The vehicular access to Malvern Road widened to 6m (from kerb to kerb) Page 21 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 b) c) for at least the first 6m into the site, The edge of the crossover angled at 60 degrees to the road reserve boundary, and Any security boom, barrier, gate or similar device controlling vehicular access to the premises must be located a minimum of 6m inside the property to allow vehicles to store clear of the Malvern Road pavement and footpath. 12. The crossover and driveway are to be constructed to the satisfaction of the Responsible Authority in accordance with the endorsed plans prior to the occupation of the building hereby approved. 13. All disused or redundant vehicle crossings must be removed and the area reinstated to footpath, naturestrip and kerb and channel to the satisfaction the Responsible Authority prior to the occupation of the building hereby approved. End VicRoads Conditions 14. A report for the legal point of discharge must be obtained from Council and a drainage design for the development must be prepared by a suitably qualified Engineer in accordance with that report prior to a building permit being issued. The drainage must be constructed in accordance with the Engineer’s design and certification for the completed drainage must be provided to Council prior to the Statement of Compliance being issued for the subdivision. 15. The existing footpath levels must not be lowered or altered in any way (to facilitate the development levels including the basement ramp). 16. All redundant vehicular crossings must be removed and the footpath, naturestrip and kerb reinstated at the owner’s cost to the satisfaction of Council. 17. All plant and equipment (including air-conditioning units) shall be located or screened so as to minimise visibility from any of the surrounding footpaths and from overhead views and shall be baffled so as to minimise the emission of unreasonable noise to the environment in accordance with Section 48A of the Environment Protection Act 1970 to the satisfaction of the Responsible Authority. Ventilation systems must be designed and installed in accordance with relevant Australian Standards. 18. Any poles, service pits or other structures/features on the footpath required to be relocated to facilitate the development must be done so at the cost of the applicant and subject to the relevant authority’s consent. 19. All services to the subject land and buildings approved as part of this permit must be provided underground to the satisfaction of the Responsible Authority. 20. Outdoor lighting must be designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on adjoining land. 21. Prior to occupation, all screening devices designed to limit overlooking herby approved must not have more than 25% openings or they must be of solid Page 22 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 translucent panels, permanent, fixed and durable and designed and coloured to blend in with the development to the satisfaction of the Reasonable Authority. 22. This permit will expire if one of the following circumstances applies: a) The development is not started within two years of the date of this permit. b) The development is not completed within four years of the date of this permit The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within three months afterwards. Notes: The owners and occupiers of the dwellings herby approved are not eligible to receive “Resident Parking Permits”. This permit does not constitute any authority to carry out any building works or occupy the building or part of the building unless all relevant building permits are obtained. At the permit issue date, Section 69 of the Planning and Environment Act 1987 stated that the Responsible Authority may extend the periods referred to if a request is made in writing within the following timeframes: i. Before or within 6 months after the permit expiry date, where the development allowed by the permit has not yet started; and ii. Within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires. Carried 6 PLANNING PERMIT APPLICATION 0358/13 - 48 PARSLOW STREET, MALVERN - CONSTRUCTION OF TWO DWELLINGS ON A LOT WITHIN A GENERAL RESIDENTIAL ZONE AND ASSOCIATED CAR PARKING REDUCTION MOTION: MOVED CR MCMORROW SECONDED CR DAVIE That a Refusal to Grant a Planning Permit No: 0358/13 for the land located at 48 Parslow Street, Malvern, be issued under the Stonnington Planning Scheme for the construction of two dwellings on a lot within a General Residential Zone and associated car parking reduction subject on the following grounds: 1. The proposed development will adversely impact on the streetscape of Parslow Street by virtue of its poor presentation to the street and lack of a landscaped front setback. 2. The on-site amenity of the new dwellings is not considered to be satisfactory with regard to the size and location of private open space, access to daylight and sunlight, internal layout, dwelling entry, and location of service facilities. Page 23 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 3. The proposal does not achieve a satisfactory sustainable design outcome. Carried 7 PLANNING PERMIT APPLICATION 0356/13- 68 MILTON PARADE, MALVERN - USE AND DEVELOPMENT OF THE LAND FOR DWELLINGS AND A FOOD AND DRINK PREMISES (CAFE), CAR PARKING DISPENSATION AND WAIVER OF LOADING AND UNLOADING REQUIREMENTS IN A GENERAL RESIDENTIAL ZONE MOTION: MOVED CR MCMORROW SECONDED CR DAVIE That a Notice of Refusal to Grant a Planning Permit No: 0356/13 for the land located at 68 Milton Parade, Malvern, be issued under the Stonnington Planning Scheme for use and development of the land for dwellings and a food and drink premises (cafe), car parking dispensation and waiver of loading and unloading requirements on the following grounds: 1. The scale, height, and design of the proposal is out of character with the existing neighbourhood and is at odds with the relevant State and Local Planning Policies, and the provisions of Clause 55 2. The proposal will adversely impact on the amenity of the adjoining properties. In particular the wall heights and setbacks are inadequate and fail to comply with clause 55.04-1 (side and rear setbacks objective), clause 55.04-2 (walls on boundaries objective) and clause 55.04-3 (daylight to existing windows objective) of Clause 55 (ResCode). 3. The proposed car parking waiver associated with the food and drinks premises (cafe) will have a negative impact on the surrounding area. The car parking provision does not comply with Clause 52.06 of the Stonnington Planning Scheme. PROCEDURAL MOTION: MOVED CR CHANDLER SECONDED CR STUBBS That consideration of Planning Permit No: 0356/13 for the land located at 68 Milton Parade, Malvern, for use and development of the land for dwellings and a food and drink premises (cafe), car parking dispensation and waiver of loading and unloading requirements be deferred for one Council cycle to allow for further discussions with the applicant. Carried 8 PLANNING PERMIT APPLICATION 0910/13 - 15 MACKAY STREET, PRAHRAN - CONSTRUCTION OF TWO DWELLINGS ON A LOT WITHIN A NEIGHBOURHOOD RESIDENTIAL ZONE MOTION: MOVED CR ULLIN SECONDED CR SEHR That a Notice of Decision to Grant a Planning Permit No: 0910/13 for the land located at 15 Mackay Street, Prahran be issued under the Stonnington Planning Scheme for the construction of two dwellings on a lot within a Neighbourhood Residential Zone Page 24 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 subject to the following conditions: 1. Before the commencement of the development, three (3) copies of plans drawn to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the plans Council date stamped 12 December 2014 but modified to show: a) Compliance with Council’s Water Sensitive Urban Design Policy. The treatment measure (rainwater tank) must show the connectivity of the tank to proposed toilet facilities. b) The roof plan demonstrating the proposed areas for collection for the water tank and any other proposed water sensitive urban design treatments. c) A revised Landscape Plan including the addition of at least one canopy tree planted within the front setback. d) Additional privacy screening to accord with Standard B22 provided to the first floor north elevation of both dwellings. e) Reduction of the front fence height to a maximum of 1.2 metres. f) The west-facing walls opposite the existing habitable windows at 13A Mackay Street to be reduced in height or setback further in order to achieve compliance with Standard B19. g) Addition of a privacy fence in the rear yard to separate the respective secluded private open space areas and to achieve compliance with Standard B23. h) Revised plans to include the design initiatives mentioned within the STEPS response. i) Revised plans demonstrating the location and approximate dimensions of any external plant and equipment such as condensers, including details of proposed screening devices on rooftops (if applicable). j) Any changes required by condition 3. All to the satisfaction of the Responsible Authority. 2. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason (unless the Stonnington Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority. 3. Concurrent with the endorsement of development plans a tree management plan prepared by a suitably qualified arborist must be submitted to and approved by the Responsible Authority. When approved, the tree management plan will form part of this permit and all works must be done in accordance with the tree management plan. The tree management plan must detail measures to protect and ensure the viability of the vegetation located in the rear yard of 17 Mackay Street, Prahran. Without limiting the generality of the tree management plan it must have at Page 25 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 least three sections as follows: a) Pre-construction – details to include a tree protection zone, height barrier around the tree protection zone, amount and type of mulch to be placed above the tree protection zone and method of cutting any roots or branches which extend beyond the tree protection zone. b) During-construction – details to include watering regime during construction and method of protection of exposed roots. c) Post-construction – details to include watering regime and time of final inspection when barrier can be removed and protection works and regime can cease. Pre-construction works and any root cutting must be inspected and approved by the Parks Unit. Removal of protection works and cessation of the tree management plan must be authorised by the Parks Unit. 4. Protection fencing must be afforded to the retained Olea europea (European Olive) prior to construction works occurring. Fencing must be compliant with Section 4 of AS 4970, and form a 2m radius around the tree stem. Fencing must remain in place until the completion of construction works, to the satisfaction of the Responsible Authority. 5. No vehicular or pedestrian access, trenching or soil excavation is to occur within the Tree Protection Zone without the written consent of the Responsible Authority. No storage or dumping of tools, equipment or waste is to occur within the Tree Protection Zone. 6. Prior to the development commencing, a report for the legal point of discharge must be obtained from Council and a drainage design for the development must be prepared by a suitably qualified Engineer in accordance with that report prior to a building permit being issued. The drainage must be constructed in accordance with the Engineer’s design. 7. Prior to the occupation of the building, fixed privacy screens (not adhesive film) designed to limit overlooking as required by Standard B22 of Clause 55.04-6 in accordance with the endorsed plans must be installed to the satisfaction of the Responsible Authority and maintained to the satisfaction of the Responsible Authority thereafter for the life of the building. 8. Prior to the occupation of the building, the walls on the boundary of the adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority. 9. All utility services to the subject land and buildings approved as part of this permit must be provided underground to the satisfaction of the Responsible Authority by completion of the development. 10. Any poles, service pits or other structures/features on the footpath required to be relocated to facilitate the development must be done so at the cost of the applicant and subject to the relevant authority’s consent. Page 26 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 11. The crossover must be constructed to Council’s Standard Vehicle Crossover Guidelines unless otherwise approved by the Responsible Authority. Separate consent for crossovers is required from Council’s Building and Local Law Unit. 12. The level of the footpaths must not be lowered or altered in any way to facilitate access to the site. 13. The project must incorporate the Water Sensitive Urban Design initiatives detailed in the endorsed site plan and/or stormwater management report. 14. This permit will expire if one of the following circumstances applies: a) The development is not started within two years of the date of this permit. b) The development is not completed within four years of the date of this permit. In accordance with Section 69 of the Planning and Environment Act 1987, a request may be submitted to the Responsible Authority within the prescribed timeframes for an extension of the periods referred to in this condition. NOTES This permit does not constitute any authority to carry out any building works or occupy the building or part of the building unless all relevant building permits are obtained. Nothing in the permit hereby issued may be construed to allow the removal of, damage to or pruning of any street tree without the further written consent of the Stonnington City Council. Contact the Council Arborists on 8290 1333 for further information. Nothing in this permit hereby issued shall be construed to allow the removal of, damage to or pruning of a significant tree (including the roots) without the further written approval of Council. “Significant tree” means a tree: a) with a trunk circumference of 180 centimeters or greater measured at its base; or b) with a trunk circumference of 140 centimeters or greater measured at 1.5 metres above its base; or c) listed on the Significant Tree Register. Please contact the Council Arborists on 8290 1333 to ascertain if permission is required for tree removal or pruning or for further information and protection of trees during construction works. At the permit issue date, Section 69 of the Planning and Environment Act 1987 stated that the Responsible Authority may extend the periods referred to if a request is made in writing within the following timeframes: Page 27 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 a) Before or within 6 months after the permit expiry date, where the development allowed by the permit has not yet started; and b) Within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires. Carried 9 PLANNING PERMIT APPLICATION 0535/14- 4 GLENBROOK AVENUE, MALVERN EAST- TREE REMOVAL IN A NEIGHBOURHOOD CHARACTER OVERLAY MOTION: MOVED CR MCMORROW SECONDED CR STUBBS That a Notice of Decision to Grant a Planning Permit No: 0535/14 for the land located at 4 Glenbrook Avenue, Malvern East be issued under the Stonnington Planning Scheme for tree removal in a Neighbourhood Character Overlay subject to the following conditions: 1. Before the commencement of the development, three (3) copies of plans drawn to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the plans with the application but modified to show: a) Any changes required by Condition 3. 2. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason (unless the Stonnington Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority. 3. Prior to the endorsement of plans, a landscape plan to be prepared by a landscape architect or suitably qualified or experienced landscape designer, must be submitted to and approved by the Responsible Authority. When approved, the landscape plan will be endorsed and will then form part of the permit. The landscape plan must be drawn to scale with dimensions and three copies must be provided. The landscape plan must show: a) b) c) d) e) A survey (including botanical names) of all existing vegetation to be retained and/or removed Buildings and trees (including botanical names) on neighbouring properties within three metres of the boundary A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant Landscaping and planting within all open areas of the site Replacing the trees to be removed Corymbia citriodora (Lemon Scented Gums) with a minimum of two (2) suitable species nominated as Quercus palustris – Pin Oak trees to be planted at a minimum 4 metres high in 100L pot volume nursery stock to the satisfaction of the Responsible Authority. Page 28 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 4. The tree removal must be undertaken by a suitably qualified, experienced and insured arborist in accordance with relevant Occupational Health and Safety legislation to the satisfaction of the Responsible Authority. 5. Planting of replacement vegetation to take place no longer than 6 months after removal of the four (4) Lemon Scented Gums unless otherwise approved in writing by the Responsible Authority. 6. This permit will expire if one of the following circumstances applies: a) The trees are not removed within two years of the date of this permit. In accordance with Section 69 of the Planning and Environment Act 1987, a request may be submitted to the Responsible Authority within the prescribed timeframes for an extension of the periods referred to in this condition. NOTES: At the permit issue date, Section 69 of the Planning and Environment Act 1987 stated that the Responsible Authority may extend the periods referred to if a request is made in writing within the following timeframes: i. ii. Before or within 6 months after the permit expiry date, where the development allowed by the permit has not yet started; and Within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires. Carried 10 PLANNING PERMIT APPLICATION 0580/14- 30 THANET STREET, MALVERN - PART DEMOLITION AND CONSTRUCTION OF ALTERATIONS AND ADDITIONS TO AN EXISTING DWELLING ON A LOT LESS THAN 500 SQUARE METRES AND IN A HERITAGE OVERLAY MOTION: MOVED CR ULLIN SECONDED CR CHANDLER That a Planning Permit No: 0580/14 for the land located at 30 Thanet Street, Malvern be issued under the Stonnington Planning Scheme for part demolition and construction of alterations and additions to an existing dwelling on a lot less than 500 square metres and in a Heritage Overlay subject to the following conditions: 1. Before the commencement of the development, three (3) copies of plans drawn to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the plans dated January 2015 but modified to show: a) Deletion of the proposed circular window to the front facade on the east elevation. 2. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason (unless the Stonnington Planning Scheme specifies that a permit is not Page 29 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 required) without the prior written consent of the Responsible Authority. 3. Prior to the occupation of the building, the walls on the boundary of the adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority. 4. Prior to occupation of the building, any existing vehicular crossing made redundant by the building and works hereby permitted must be broken out and re-instated as standard footpath and kerb and channel at the permit holders cost to the approval and satisfaction of the Responsible Authority. 5. This permit will expire if one of the following circumstances applies: The development is not started within two years of the date of this permit. The development is not completed within four years of the date of this permit. In accordance with Section 69 of the Planning and Environment Act 1987, a request may be submitted to the Responsible Authority within the prescribed timeframes for an extension of the periods referred to in this condition. NOTES This permit does not constitute any authority to carry out any building works or occupy the building or part of the building unless all relevant building permits are obtained. This property is located in a Heritage Overlay and planning permission may be required to demolish or otherwise externally alter any existing structures. External alterations include paint removal and any other form of decoration and works, but does not include re-painting an already painted surface. The crossover must be constructed to Council’s Standard Vehicle Crossover Guidelines unless otherwise approved by the Responsible Authority. Separate consent for crossovers is required from Council’s Building and Local Law Unit. Nothing in the permit hereby issued may be construed to allow the removal of, damage to or pruning of any street tree without the further written consent of the Stonnington City Council. Contact the Council Arborists on 8290 1333 for further information. At the permit issue date, Section 69 of the Planning and Environment Act 1987 stated that the Responsible Authority may extend the periods referred to if a request is made in writing within the following timeframes: i. Before or within 6 months after the permit expiry date, where the development allowed by the permit has not yet started; and ii. Within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires. Carried Page 30 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 11 PLANNING PERMIT APPLICATION 0979/13 - 43 PORTER STREET, PRAHRAN - CONSTRUCTION OF A SEVEN STOREY BUILDING COMPRISING 24 DWELLINGS, OFFICE AND CAR PARKING MOTION: MOVED CR ULLIN SECONDED CR DAVIE That Council advise VCAT that had a Failure to Determine appeal not been lodged, Planning Permit No: 0979/13 for the land located at 43 Porter Street, Prahran would have been issued under the Stonnington Planning Scheme for development of the land for office and dwellings (as of right use) in a Commercial 1 Zone, Design and Development Overlay and associated reduction in the car parking requirement subject to the following conditions: 1. Before the commencement of the development, three (3) copies of plans drawn to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the VCAT plans (19 January 2015) but modified to show: a) The proposed crossover. b) A minimum access way dimension of 3 metres. c) The minimum dimension of the lowest point of clearance along the access way, car park and at the garage door of 2.2 metres. d) A minimum gradient in the parking area of 1 in 200 (0.5%). e) The length of the useable car stacker platform to be at a minimum of 5.4m f) Fully dimensioned bicycle parking spaces (and manufacturing specifications). g) A ground floor longitudinal section extending from the parking floor to at least the centre of Porter Street. h) Splays at the vehicular entry to improve sightlines at the street intersection to the satisfaction of the Responsible Authority. i) The deletion of any doors opening into the parking area. j) A minimum 4.5 metre east setback at Level 1 to 6 measured from the eastern wall of the existing building occupying the subject site to the edges of the balconies. k) The ground floor plan amended to reflect to the correct number of stackers required for the 18 car spaces that will be provided for the development. l) No development to occur east of the eastern wall of the existing building occupying the site. Changes which are required at ground floor level to achieve this requirement must not result in the loss of car parking, a reduction in the size of the office or the reduction in the size of light Page 31 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 courts as shown on the VCAT plans. m) The ground floor façade and the balconies of Level 01 and 02 to fully abut the site's western boundary. n) The exterior of the office and residential lobby must be primarily glazed. o) South facing windows screened with fixed screens or obscure glass to a height of 1.7m (no more than 25% transparent). p) The south elevation of the building is to be articulated by materials, finishes and by any other means to present an acceptable outlook from 42 Porter Street to the satisfaction of the Responsible Authority. q) Fixed screens to a height of 1.7m (no more than 25% transparent) installed to the eastern perimeter of all east facing balconies. r) East and west facing windows within the southern light courts on Levels 1 to 6 screened with fixed screens or obscure glass to a height of 1.7m (no more than 25% transparent). s) All mechanical plant and equipment. This equipment is to be fully screened. t) Schedule of construction materials, external finishes and colours. u) Roof plans to be annotated to confirm drainage area connected to rainwater tank and connections shown to internal toilets for the rainwater tank. v) An amended Waste Management Plan as per Condition 3 and a Sustainability Management Plan as per Condition 4. 2. The development must be in accordance with the endorsed plans unless otherwise agreed in writing by the Responsible Authority. 3. Concurrent with the endorsement of plans, a Waste Management Plan 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. Waste collection from the development must be in accordance with the plan, to the satisfaction of the Responsible Authority. The Waste Management Plan must be generally in accordance with the WMP prepared by Leigh Design Pty Ltd (dated 18 December 2013) 4. Concurrent with the endorsement of any plans, a Sustainable Management Plan (SMP) must be submitted to and approved by the Responsible Authority. Upon approval the SMP will be endorsed as part of the planning permit and the development must incorporate the sustainable design initiatives outlined in the SMP to the satisfaction of the Responsible Authority. Amendments to the SMP must be incorporated into plan changes required under Condition 1. The report must be generally in accordance with the Sustainable Management Plan prepared by GOW Environmental Solutions (dated 5 March 2014) by modified as Page 32 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 follows: a) To identify responsibilities and a schedule for implementation, and ongoing management, maintenance and monitoring. b) To include a full copy of the STEPS report. c) To include the assumptions and recommendations contained in the Daylight Analysis prepared by GIW Environmental Solutions dated 5 March 2014. d) To indicate whether bedrooms windows facing light wells are proposed to be operable. e) To indicate whether screening to the east and west facades will be user operable. f) To include results of the efficiency assessment against BCA requirements for a minimum representative sample of 25% of apartments. g) Consistency with the application plans. 5. All works must be undertaken in accordance with the endorsed Sustainability Management Plan to the satisfaction of the Responsible Authority. No alterations to the Sustainable Management Plan may occur without written consent of the Responsible Authority. 6. Prior to the occupation of the development approved under this permit, a report from the author of the Sustainability Management Plan, approved pursuant to this permit, or similarly qualified person or company, must be submitted to the Responsible Authority. The report must be to the satisfaction of the Responsible Authority and must confirm that all measures specified in the Sustainability Management Plan have been implemented in accordance with the approved plan. 7. All utility services to the subject land and buildings approved as part of this permit must be provided underground to the satisfaction of the Responsible Authority by completion of the development. 8. The level of the footpaths and laneways must not be lowered or altered in any way to facilitate access to the site or for any other reason. 9. Before the development starts, a report for the legal point of discharge must be obtained from Council. A drainage design for the development must be prepared by a suitably qualified Engineer in accordance with the report prior to a building permit being issued. 10. Prior to occupation of the building or commencement of use, any existing vehicular crossing made redundant by the building and works hereby permitted must be broken out and re-instated as standard footpath and kerb and channel at the permit holders cost to the approval and satisfaction of the Responsible Authority. Page 33 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 11. Prior to the occupation of the building, the walls on the boundary of the adjoining properties must be cleaned and finished to the satisfaction of the responsible authority. 12. The crossover must be constructed to Council’s Standard Vehicle Crossover Guidelines unless otherwise approved by the Responsible Authority. 13. Before the development starts, a report for the legal point of discharge must be obtained from Council. A drainage design for the development must be prepared by a suitably qualified Engineer in accordance with the report prior to a building permit being issued. 14. This permit will expire if one of the following circumstances applies: a) The development is not started within two years of the date of this permit. b) The development is not completed within four years of the date of this permit. In accordance with Section 69 of the Planning and Environment Act 1987, a request may be submitted to the Responsible Authority within the prescribed timeframes for an extension of the periods referred to in this condition. NOTES: The owners and occupiers of the dwelling/s hereby approved are not eligible to receive “Resident Parking Permits”. This permit does not constitute any authority to carry out any building works or occupy the building or part of the building unless all relevant building permits are obtained. At the permit issue date, Section 69 of the Planning and Environment Act 1987 stated that the Responsible Authority may extend the periods referred to if a request is made in writing within the following timeframes: i. Before or within 6 months after the permit expiry date, where the development allowed by the permit has not yet started; and ii. Within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires. Carried BLOCK MOTION Item 12: Amendment C175 - Neighbourhood Character Local Policy - Adoption Item 13: Amendment C180 - Public Acquisition Overlay Carters Avenue Item 15: To amend the Locality Boundary for 37 & 39 Larnook Street, Armadale to 37 & 39 Larnook Street, Prahran Page 34 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 Item 17: Market Street Car Park, South Yarra - Proposed Permanent Closure to Through Traffic Item 18: New Street, Armadale - Parking Proposal (Follow-Up) Item 19: Sustainability Snapshot 2013-14 Item 20: Changes to VCAT Processes Item 21: Community Grant 2014-2015 Healthy Tourism Seniors Club Vigor Item 22: Community Grant 2014-2015 - Stonnington Ballroom Dancing Association Inc. 12 AMENDMENT C175 - NEIGHBOURHOOD CHARACTER LOCAL POLICY - ADOPTION MOTION: MOVED CR KLISARIS SECONDED CR CHANDLER That Council: 1. Notes the release of the report of the Planning Panel to the public on Amendment C175 – Neighbourhood Character Local Policy. 2. On considering the Independent Panel report, adopts Amendment C175 – Neighbourhood Character Local Policy to the Stonnington Planning Scheme (pursuant to Section 29(1) of the Planning and Environment Act 1987) as outlined in Attachment 4. 3. Submits the adopted Amendment C175 – Neighbourhood Character Local Policy to the Minister for Planning for approval, in accordance with Section 31(1) of the Planning and Environment Act 1987. 4. Advises all submitters of Council’s decision in relation to proposed Amendment C175 – Neighbourhood Character Local Policy. AND 13 AMENDMENT C180 - PUBLIC ACQUISITION OVERLAY CARTERS AVENUE That Council: 1. Abandon Amendment C180 to the Stonnington Planning Scheme, pursuant to section 23 of the Planning and Environment Act 1987. 2. Write to the Minister for Planning pursuant to section 28 of the Planning and Environment Act 1987 advising of its decision to abandon Amendment C180 to the Stonnington Planning Scheme. 3. Advise the submitter to Amendment C180 to the Stonnington Planning Scheme of its decision. AND 15 TO AMEND THE LOCALITY BOUNDARY FOR 37 & 39 LARNOOK STREET, ARMADALE TO 37 & 39 LARNOOK STREET, PRAHRAN Page 35 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 That: 1. the designated address for 37 and 39 Larnook Street, Armadale (only) be changed to 37 and 39 Larnook Street, Prahran; 2. the Department of Sustainability & Environment/Registrar of Geographic Names, requesting that the suburb/locality descriptor needed to be changed in VICMAP; 3. Council’s property and rates database be so amended; and 4. The owners of the two property owners be advised of the change of suburb in their address. AND 17 MARKET STREET CAR PARK, SOUTH YARRA - PROPOSED PERMANENT CLOSURE TO THROUGH TRAFFIC That: 1. Having considered all written submissions, the proposal to permanently close the Market Street Car Park, South Yarra to through traffic be abandoned, 2. All submitters and all property owners/occupiers previously notified as part of the S223 process be advised of the decision, 3. Discussions continue with representatives from the Prahran Market regarding options to maintain pedestrian access/permeability, to reduce potential conflict between various users and to improve security in the Market Street Car Park. AND 18 NEW STREET, ARMADALE - PARKING PROPOSAL (FOLLOW-UP) That Council: 1. Abandon the proposal to alter parking arrangements on New Street, Armadale, and leave retain current conditions; 2. Those previously consulted be notified of the decision. AND 19 SUSTAINABILITY SNAPSHOT 2013-14 That Council notes the release of the Sustainability Snapshot 2013-14 and progress towards achieving the goals of the Sustainable Environment Strategy 2013-17. AND Page 36 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 20 CHANGES TO VCAT PROCESSES That Council notes the upcoming changes to the Victorian and Civil Administrative Tribunal (VCAT) processes. AND 21 COMMUNITY GRANT 2014-2015 HEALTHY TOURISM SENIORS CLUB VIGOR That Council approve the in-kind community application from Healthy Tourism Club Vigor for $16,632 for the use of the Will Sampson Centre for the weekly Nostalgia Choir rehearsals every Sunday and also the first Saturday of each month for the Club dinner. AND 22 COMMUNITY GRANT 2014-2015 - STONNINGTON BALLROOM DANCING ASSOCIATION INC. That Council approve the in-kind community grant application for $7,644 from the Stonnington Ballroom Dancing Association Inc. for 48 uses of the Chris Gahan Centre. Carried 14 COUNCIL'S REPRESENTATIVES TO THE MUNICIPAL ASSOCIATION OF VICTORIA (MAV) FOR 2015 MOTION: MOVED CR ULLIN SECONDED CR CHANDLER That Council nominates Cr Klisaris as Representative to the Municipal Association of Victoria (MAV). Carried MOTION: MOVED CR KLISARIS SECONDED CR CHANDLER That Council nominates Cr Ullin as Substitute to the Municipal Association of Victoria (MAV). Carried Having declared a Direct Interest in relation to Item 16 – Aintree Road, Glen Iris - Proposal to Install Traffic Management (Road Cushions), Cr McMorrow left the chamber at 7.51pm prior to discussion of Item 16. 16 AINTREE ROAD, GLEN IRIS - PROPOSAL TO INSTALL TRAFFIC MANAGEMENT (ROAD CUSHIONS) MOTION: MOVED CR DAVIE SECONDED CR STUBBS Page 37 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 That: 1. The proposal supported by the majority of resident responses for the installation of six (6) road cushion arrays on Aintree Road, Glen Iris as described be adopted. 2. The estimated expenditure for the project of $25,000 be funded from X9249 Road Safety Minor Works Implementation of the 2014/15 Capital Works budget. 3. Residents be notified of the decision. Carried Cr McMorrow returned to the chamber at 7.52pm prior to discussion of Item 23 - Request for Off-Cycle Community Grant - Ladies' Probus Club of Malvern. 23 REQUEST FOR OFF-CYCLE COMMUNITY GRANT - LADIES' PROBUS CLUB OF MALVERN MOTION: MOVED CR KLISARIS SECONDED CR STUBBS That the request from the Ladies Probus Club of Malvern for a cash contribution to their 25 year celebration luncheon on 23 February 2015 of $465 (GST included) be granted. Carried Having declared an Indirect Interest in relation to Item 24 – Community Grant Request - Prahran Rotary Club, Cr Ullin left the chamber at 7.54pm. 24 COMMUNITY GRANT REQUEST - PRAHRAN ROTARY CLUB MOTION: MOVED CR MCMORROW SECONDED CR CHANDLER That the in-kind community grant request from the Prahran Rotary Club for waiver of the fee of $114.50 for the use of the Prahran RSL Memorial Hall on 5 February 2015 for a community forum be granted. A Division was called by Cr Chandler: For: Crs Chandler, Sehr, Davie, Klisaris, Koce, McMorrow, Athanasopoulos and Stubbs Against: Nil Absent: Crs Ullin Carried Cr Ullin returned to the chamber at 7.55pm. M. Other General Business Page 38 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 Cr Koce announced good news for the residents of Grange Road. After lengthy discussions with VicRoads, agreement has been reached for a 12 month trial in Grange Road. The speed limit will be reduced from 60kph to 50kph over that time. Cr Koce noted that this was the result of considerable work by residents who went to every house in the street with a petition, gaining signatures from all residents. The matter came to a North Ward consultative meeting a few months ago. Council listened to local residents and worked hard with VicRoads. Cr Koce congratulated the General Manager City Works, Simon Thomas, and his team who had to work hard to get this reduced speed limit. He said that serious safety concerns were raised by local residents who were worried that a fatality might occur. Cyclists were narrowly escaping being hit and Grange Road was being used as a rat run. A reduction of 10kph in the speed limit results in a very small reduction in travel time and significantly improves safety outcomes. Cr Koce said he looked forward to the results of the 12 month trial. N. Urgent Business Nil O. Confidential Business Cr Chandler and Koce left the meeting at 7.59pm. PROCEDURAL MOTION: MOVED CR DAVIE SECONDED CR KLISARIS That the meeting be closed to the public to consider the following matters that are confidential in accordance with Section 89 (2) of the Local Government Act 1989 for the reasons specified: (7.59pm) Confidential Matter Reason for Confidentiality 1. Contract 2014/062 - Management and Operation of Parking Enforcement and Parking Administration Services 89 (2)(d) contractual matters 2. Potential Property Purchase 89 (2)(d) contractual matters Carried PROCEDURAL MOTION: MOVED CR DAVIE SECONDED CR STUBBS That the meeting be re-opened to the public. (8.06pm) Carried Page 39 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 There being no further business the meeting closed at 8.06pm Confirmed on Monday 16 February 2015 ................................................................................... CR MELINA SEHR, MAYOR Page 40 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 Page 41 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 ASSEMBLY OF COUNCILLORS RECORD This Form MUST be completed by the attending Council Officer and returned IMMEDIATELY to Judy Hogan – Civic Support Officer ASSEMBLY DETAILS Date:… 22.01.2015 Time 4pm Assembly Location: Chapel Off Chapel IN ATTENDANCE Councillors: Cr.Ullin Cr. Chandler Cr.Koce Council Officers: Karen Watson Gary McMahon Cate Crowley Matter/s Discussed: Chapel Off Chapel Advisory Board Meeting ……………………………………………………………………………………………………………….. CONFLICT OF INTEREST DISCLOSURES: including time left and returned to meeting Councillors: Council Officers: Form completed by: …Cate Crowley Page 42 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 ASSEMBLY OF COUNCILLORS RECORD This Form MUST be completed by the attending Council Officer and returned IMMEDIATELY to Judy Hogan – Civic Support Officer ASSEMBLY DETAILS Date: Tuesday 27 January 2015 Time: 6pm Assembly Location: Council Chamber, Stonnington City Centre, Malvern IN ATTENDANCE Councillors: Cr Sehr (Mayor) Cr Davie (6.05pm) Cr McMorrow Council Officers: Warren Roberts (CEO) Karen Watson Susan Price Peter Angwin Cr Stubbs Cr Klisaris Cr Koce (6.12pm) Cr Ullin (6.03pm) Cr Chandler Tony Oulton Alexandra Kastaniotis Fabienne Thewlis Simon Thomas Geoff Cockram Gareth Gale Matter/s Discussed: 1. AMENDMENT C175 - NEIGHBOURHOOD CHARACTER LOCAL POLICY - ADOPTION 2. AMENDMENT C180 - PUBLIC ACQUISITION OVERLAY CARTERS AVENUE 3. COUNCIL COMMITTEES, DELEGATES/REPRESENTATIVES 2015 4. POTENTIAL PROPERTY PURCHASE 5. TO AMEND THE LOCALITY BOUNDARY FOR 37 & 39 LARNOOK STREET, ARMADALE TO 37 & 39 LARNOOK STREET, PRAHRAN 6. AINTREE ROAD, GLEN IRIS - PROPOSAL TO INSTALL TRAFFIC MANAGEMENT (ROAD CUSHIONS) 7. MARKET STREET CAR PARK, SOUTH YARRA - PROPOSED PERMANENT CLOSURE TO THROUGH TRAFFIC 8. CONTRACT 2014/062 - MANAGEMENT AND OPERATION OF PARKING ENFORCEMENT AND PARKING ADMINISTRATION SERVICES 9. NEW STREET, ARMADALE - PARKING PROPOSAL (FOLLOW -UP) 10. ELIZABETH STREET CAR PARK - UPDATE REPORT 11. PLANNING PERMIT APPLICATION 0351/14- 283 - 289 HIGH STREET AND 1-3 YORK STREET, PRAHRAN – CONSTRUCTION OF A SIX STOREY BUILDING COMPRISING 31 DWELLINGS, 3 SHOPS, A FOOD AND DRINKS PREMISES (CAFE) WITH LIQUOR LICENCE AND 23 CAR PARKING SPACES 12. PLANNING PERMIT APPLICATION 0989/13- 14 - 18 PORTER STREET, PRAHRAN – CONSTRUCTION OF AN EIGHT STOREY BUILDING COMPRISING 125 DWELLINGS AND 135 CAR PARKING SPACES 13. PLANNING PERMIT APPLICATION 0695/13 - 1 SYLVESTER CRESCENT, MALVERN EAST – CONSTRUCTION OF A MULTI-DWELLING DEVELOPMENT IN A GENERAL RESIDENTIAL ZONE 14. PLANNING PERMIT APPLICATION 0498/14 - 5 PACKINGTON PLACE, PRAHRAN - BUILDINGS AND WORKS TO 15. 16. THE EXISTING DWELLING AND CONSTRUCTION OF A SECOND DWELLING ON A LOT IN A GENERAL RESIDENTIAL ZONE AND SPECIAL BUILDING OVERLAY PLANNING PERMIT APPLICATION 0512/14 - 1555 & 1557 - 1559 MALVERN ROAD, GLEN IRIS VICTORIA 3146 MULTI DWELLING DEVELOPMENT FOR 46 DWELLINGS PLANNING PERMIT APPLICATION 0358/13 - 48 PARSLOW STREET, MALVERN - CONSTRUCTION OF TWO DWELLINGS ON A LOT WITHIN A GENERAL RESIDENTIAL ZONE AND ASSOCIATED CAR PARKING REDUCTION Page 43 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 17. 18. 19. 20. 21. 22. 23. PLANNING PERMIT APPLICATION 0356/13- 68 MILTON PARADE, MALVERN - USE AND DEVELOPMENT OF THE LAND FOR DWELLINGS AND A FOOD AND DRINK PREMISES (CAFE), CAR PARKING DISPENSATION AND WAIVER OF LOADING AND UNLOADING REQUIREMENTS IN A GENERAL RESIDENTIAL ZONE PLANNING PERMIT APPLICATION 0910/13 - 15 MACKAY STREET, PRAHRAN - CONSTRUCTION OF TWO DWELLINGS ON A LOT WITHIN A NEIGHBOURHOOD RESIDENTIAL ZONE PLANNING PERMIT APPLICATION 0535/14- 4 GLENBROOK AVENUE, MALVERN EAST- TREE REMOVAL IN A NEIGHBOURHOOD CHARACTER OVERLAY PLANNING PERMIT APPLICATION 0580/14- 30 THANET STREET, MALVERN - PART DEMOLITION AND CONSTRUCTION OF ALTERATIONS AND ADDITIONS TO AN EXISTING DWELLING ON A LOT LESS THAN 500 SQUARE METRES AND IN A HERITAGE OVERLAY PLANNING PERMIT APPLICATION 0979/13 - 43 PORTER STREET, PRAHRAN - CONSTRUCTION OF A SEVEN STOREY BUILDING COMPRISING 24 DWELLINGS, OFFICE AND CAR PARKING SUSTAINABILITY SNAPSHOT 2013-14 24. 25. 26A. 26B COMMUNITY GRANT 2014-2015 HEALTHY TOURISM SENIORS CLUB VIGOR COMMUNITY GRANT 2014-2015 - STONNINGTON BALLROOM DANCING ASSOCIATION INC. REQUEST FOR OFF-CYCLE COMMUNITY GRANT - LADIES' PROBUS CLUB OF MALVERN REQUEST FOR OFF-CYCLE COMMUNITY GRANT - PCW MELBOURNE REQUEST FOR OFF-CYCLE COMMUNITY GRANT – PRAHRAN ROTARY CLUB 27. 28. 29. 30. CHANGES TO VCAT PROCESSES RECORD OF INCOMING VCAT APPEALS BURKE ROAD GRADE SEPARATION REGIONAL KITCHEN BOARD CONFLICT OF INTEREST DISCLOSURES: including time left and returned to meeting Councillors: Item 6 - Aintree Road, Glen Iris - Proposal to Install Traffic Management (Road Cushions) Cr McMorrow declared an Indirect Conflict of Interest in this item and left the meeting at 6.18pm. Cr McMorrow returned to the meeting at 6.20pm . Item 12. Permit Application 0989/13- 14 - 18 Porter Street, Prahran – Construction Of An Eight Storey Building Comprising 125 Dwellings And 135 Car Parking Spaces Cr Sehr declared a Conflict of Interest in this item and left the meeting at 7.09pm. Cr Stubbs took the Chair for this item. Cr Sehr returned to the meeting at 7.11pm and Cr Stubbs vacated the Chair. Item 26B. Request For Off-Cycle Community Grant – Prahran Rotary Club Cr Ullin declared a Conflict of Interest in this item and left the meeting at 7.53pm. Cr Ullin returned to the meeting at 7.55pm Council Officers: Item 11 - Planning Permit Application 0351/14- 283 - 289 High Street And 1-3 York Street, Prahran – Construction Of A Six Storey Building Comprising 31 Dwellings, 3 Shops, A Food And Drinks Premises (Cafe) With Liquor Licence And 23 Car Parking Spaces Alexandra Kastaniotis declared a Conflict of Interest in this item and left the meeting at 7.01pm. Alex returned to the meeting at 7.08pm Form completed by: Fabienne Thewlis Page 44 COUNCIL MINUTES MONDAY 2 FEBRUARY 2015 Tabled at Council Meeting ASSEMBLY OF COUNCILLORS REPORT DECEMBER 2014 A planned or scheduled meeting that includes at least half the Councillors and a member of Council staff, and the matter/s considered are intended or likely to be subject of a future decision of the Council; or subject to the exercise of a function, duty or power of the Council that has been delegated to a person or committee; An Advisory Committee of the Council where one or more Councillors are present – eg:-on-site inspections/meetings; planning or other consultative meetings; DATE OF MEETING MEETING NAME WARD COUNCILLORS ATTENDANCE OFFICERS CONFLICT OF INTEREST DISCLOSURES ATTENDANCE AND IF LEFT MEETING COUNCILLORS 10/12/14 18/12/14 Planning Consultative Meeting South Planning Consultative Meeting East Cr Ullin OFFICERS Sheridan Harley Nil Nil Planning Application No: 830/14 – 875 – 877 & 881 High Street & 19 &21 Osment Street Armadale Chrisanthy Semertzidis Nil Nil Planning Application No: 0701/14 – 233 Burke Road Glen Iris Scott Parkinson Nil Nil Planning Application No: 0179/14 – 30 Argyll Street Malvern East Cr Sehr Cr McMorrow Cr Stubbs M ATTER/S DISCUSSED Cr Davie 18/12/14 Planning Consultative Meeting East Cr Stubbs Cr Davie Cr McMorrow 18/12/14 Planning Consultative Meeting North Cr Koce Sheridan Harley Nil Nil Planning Application No : 0486/14 – 17 & 19 Avoca Street South Yarra 18/12/14 Planning Consultative Meeting East Cr Davie Alfred Carnovale Nil Nil Planning Application No: 0065/121 – 301 Wattletree Road Malvern East Cr McMorrow Cr Stubbs Page 45