Notice Paper
Monday 22 June 2015 at 7pm
Council Chamber, Stonnington City Centre,
(enter off Glenferrie Road, Malvern)

Page 1

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.

PRAYER

Almighty God, we humbly beseech you, to grant your blessing on this Council, direct and prosper its deliberations to the advancement of your glory, and the true welfare of the people of the City of Stonnington. Amen.

NOTE

Council business is conducted in accordance with Part 4 Division 3 of the Meeting Procedure section of Council’s General Local Law 2008 (No 1). Some copies are available with the agenda or you can find a copy on Council’s website under local laws.

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Council Meeting

Notice Paper

Monday 22 June 2015

Order of Business and Index

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 1 June 2015...... 5

d)Disclosure by Councillors of any conflicts of interest in accordance with Section 79 of the Act[1]

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; - Assembly of Councillors

1.Reports of Committees: IMAP...... 7

k)Reports by Delegates

l)General Business

1.planning permit application 0437/14 – 2 maroora street, malvern east – construction of three dwellings on a lot 9

2.Amendment C185 - Neighbourhood Character Overlays for Victorian and Edwardian Houses - Submissions 25

3.Amendment C206 - Heritage Overlay for 420-424 Punt Road, South Yarra ...... 33

4.recognising objectors bill 2015 – “putting the voice back into the planning process” – briefing report 39

5.Report on the current position relating to Street Trees along the southside of Chesterfield Ave, Malvern following a Street meeting with residents to determine their attitude to the proposed replacement of the Liquidambar Street Trees. 43

6.City of Stonnington Brand and Logo...... 49

7.Art Acquisition Proposals...... 55

8.Procurement Policy Review...... 59

9.Audit Committee Terms of Reference – Amendment...... 61

m)Other General Business

n)Urgent Business

o)Confidential Business

1.Prahran Market Pty Ltd – Three Year Rolling Business Plan...... 63

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Adoption and Confirmation of Minutes Of Previous Meetings

22 June 2015

Recommendation

That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 1 June 2015 and Minutes of the Confidential Meeting of the Stonnington City Council held on 1 June 2015 as an accurate record of the proceedings.

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Reports of Special and Other Committees; -Assembly of Councillors

22 June 2015

j)Reports of Special and Other Committees; -Assembly of Councillors

1.Reports of Committees: IMAP

Civic Support Officer: Judy Hogan

Manager Governance and Corporate Support: Fabienne Thewlis

General Manager Corporate Services: Geoff Cockram

Background

The Cities of Melbourne, Port Phillip, Stonnington, Yarra and Maribyrnong have set up the Inner Melbourne Action Plan Implementation Committee, pursuant to Section 86 of the Local Government Act 1989, to provide a coordinated decision making process to facilitate the implementation of the Inner Melbourne Action Plan (IMAP) as adopted by member Councils in December 2005.

Discussion

The Committee held a meeting on Friday 28 November 2014 and Friday 13 February 2015. The minutes of the meetings are submitted to Council for confirmation.

Human Rights Consideration

This recommendation complies with the Victorian Charter of Human Rights and Responsibilities Act 2006.

Attachments

1. / IMAP Minutes 28 November 2014 Attachment 1 of 2 / Excluded
2. / IMAP Minutes 13 February 2015 Attachment 2 of 2 / Excluded
Recommendation
That Council confirms the minutes of the Inner Melbourne Action Plan Implementation Committee (IMAP) meetings held on Friday 28 November 2014 and Friday 13 February 2015.

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General Business

22 June 2015

l)General Business

1.planning permit application 0437/14 – 2 maroora street, malvern east – construction of three dwellings on a lot

Statutory Planning Coordinator: Phillip Gul

General Manager Planning & Development: Stuart Draffin

PURPOSE

For Council to consider a planning permit application for the construction of three dwellings on a lot at 2 Maroora Street, Malvern East.

Executive Summary

Applicant: / Planning Vision P/L
Ward: / East
Current Zone: / Neighbourhood Residential Zone (NRZ, Schedule 2)
Zone as at date of Lodgement: / Residential 1 Zone (R1Z)
Overlay: / None
Date lodged: / 05/06/2014
Statutory days: (as at council meeting date) / 270
Trigger for referral to Council: / 7 or more objections
Number of objections: / 15
Consultative Meeting: / Yes – held on 19 February 2015
Officer Recommendation: / Issue a Notice of Decision to Grant a Planning Permit

BACKGROUND

The Proposal

The plans that were advertised and form part of the basis of Council's consideration were prepared by Cultured House and Building Design, Drawing Nos: 1, 2, 3, 5 and 7, a Planning Assessment and Melbourne Water STORM Report, received between 5 June and 1 September 2014.

Key features of the proposal are:

It is proposed to demolish the existing dwelling and any associated outbuildings;

Construct three dwellings on the land, one behind the other, as detailed below;

The front dwelling will be a double storey building containing 4 bedrooms, two parking spaces are provided (one within a garage, one tandem space in front of the garage) accessed from Maroora Street and 40 square metres of secluded private open space to the rear;

Dwelling one will be setback 8.0m from Maroora Street at ground level and between 9.0m and 9.5m at first floor and be a maximum height of 7.9m;

It is proposed to provide a 2,000L water tank to dwelling one, connected to toilets;

The building is comprised of a mix of materials, including rendered masonry at ground level and light weight weatherboards at first floor;

The middle dwelling will be a double storey building containing 3 bedrooms (plus a study), two parking spaces are provided (one within a carport, one tandem space in front of the carport) accessed via the right of way running along the west boundary and 46.5 square metres of secluded private open space to the rear;

Dwelling two will be a maximum height of 7.7m;

It is proposed to provide a 2,000L water tank to dwelling two, connected to toilets;

The building is comprised of a mix of materials, including rendered masonry at ground level and light weight weatherboards at first floor;

The rear dwelling will be a single storey building containing one bedroom (plus a study), one parking space is provided within a carport and 40 square metres of secluded private open space is provided to the rear;

Dwelling three will be a maximum height of 4.6m;

It is proposed to provide a 2,000L water tank to dwelling three, connected to toilets;

The building is comprised of rendered masonry;

Total building site coverage of 49%;

Total site permeability 30%;

It is noted that the applicant submitted plans for discussion on 29 April 2015. The key changes are detailed and discussed later in this report.

Site and Surrounds

The site is located on the south side of Maroora Street, Malvern East. The site has the following significant characteristics:

A frontage to Maroora Street of 13.72m and a depth of 47m;

An area of approximately 644.8m2;

The land is generally level; and

No ‘significant’ vegetation is present on the site when assessed against Council’s Local Law definition.

A mix of dwelling types can be found in the immediate vicinity, generally being detached single dwellings or detached and semi-detached multi-dwelling developments providing two or three dwellings on a lot. Nearby dwellings are exclusively single and double storey in scale.

Front setbacks along the south side of Maroora Street are consistently 8m; no dwellings front Maroora Street along the north side. Whilst a range of fencing types exist in the street, the majority are picket style to heights between 1m and 2m. The site’s immediate surrounds are described as follows:

To the immediate west is a right of way, beyond which are the rear yards of numbers 6 and 8 Macgregor Street, which each contain a single storey detached dwelling;

To the immediate south is the rear yard of number 7 Langville Court which contains a single storey detached dwelling;

To the immediate east is number 4 Maroora Street which contains a single storey detached dwelling;

To the immediate north is Maroora Street with the side of a single storey detached dwelling at number 1 Hughes Street beyond.

The subject site and surrounding land is zoned Neighbourhood Residential Zone (Schedule 2) which provides for a mandatory maximum height of 9m.

The subject site is located in close proximity to strip shopping centres in Waverley Road and Koornang Road and major shopping facilities such as Chadstone. Education facilities within 2kms include Lloyd Street Primary, St. Marys Catholic School, Carnegie Primary School and higher education facilities including Monash University Caulfield Campus. A number of public reserves are available within 2kms including Ardrie Park, East Caulfield Reserve and Serrell Street Park. Carnegie Railway Station is located approximately 750m to the south-east and the number 3 Tram to Melbourne is available on Waverley Road 800m to the north.

Council’s Municipal Strategic Statement at Clause 21.05 identifies this area as an ‘incremental change area’ where ‘multi-unit development (2-3 storeys)’ should be directed.

Previous Planning Applications

No previous applications have been determined at this site. However Application 792/12 was lodged in October 2012 but was withdrawn by the applicant prior to a decision being made. That application sought approval for the construction of 5 dwellings, and incorporated another parcel of land to the south-west (which is not the subject of this application).

The Title

The site is described on volume 4588 folio 551 specifically as Lot 1 on TP513335U. No covenants affect the land and the applicant has signed a declaration to this effect.

Planning Controls

The following controls/permit triggers are considerations for this application:

Zone

Clause 32.09 - Neighbourhood Residential Zone (Schedule 2)

Pursuant to Clause 32.09-5 a permit is required to construct two or more dwellings on a lot.

Amendment C187, gazetted on 19 June 2014, implemented the Neighbourhood Residential Zone (NRZ, Schedule 2) to this site. The Neighbourhood Residential Zone now restricts the number of dwellings allowed on a site to two.

The proposal is inconsistent with the provisions of the new zoning in that three dwellings are proposed. Transitional arrangements from the former Residential 1 Zone to the current Neighbourhood Residential Zone exist which stipulate that any application received prior to the new zones being introduced must be assessed against the relevant controls within the Stonnington Planning Scheme as at the date of receipt of the application.

Former Zone

Clause 32.01 - Residential 1

Pursuant to Clause 32.01-4 a permit was required to construct two or more dwellings on a lot.

Particular Provisions

Clause 52.06 - Car Parking

Pursuant to Clause 52.06-5 a permit is not required as the proposal provides the statutory number parking spaces, being 2 for each 3 or more bedroom dwelling and 1 for the two bedroom dwelling. No visitor parking is required as the proposal is for less than 5 dwellings.

Clause 55 - ResCode

Pursuant to Clause 55, a development of two or more dwellings on a lot which does not exceed 4 storeys must meet the objectives of this clause.

Relevant Planning Policies

Clause 11.04Metropolitan Melbourne

Clause 15.01Urban environment

Clause 15.02Sustainable development

Clause 16.01Residential development

Clause 18.01Transport

Clause 21.03Vision

Clause 21.05Housing

Clause 21.06Built environment

Clause 32.09General Residential Zone

Clause 55ResCode

Clause 65Decision guidelines

Advertising

The application has been advertised pursuant to Section 52 of the Planning and Environment Act 1987 by sending notices to the owners and occupiers of adjoining land and by placing one sign on the site facing Maroora Street. The public notification of the application has been completed satisfactorily.

The site is located in East Ward and objections from 15 individuals (from 12 properties) have been received. In summary, the objectors’ concerns include:

Three dwellings on a lot where only two dwellings are allowed;

Sets a precedent for other non-compliant development;

Development is too large compared with others in the neighbourhood;

Overlooking;

Lack of visitor parking;

The ‘driveway’ is a Council road;

Overshadowing;

Noise;

Safety for children playing on the street;

Lack of setbacks off the ‘road’ along the west boundary; and

Impact on access to / operation of the existing sewer beneath the right of way.

A Consultative Meeting was held on 19 February 2015. The meeting was attended by Councillors Stubbs, McMorrow and Davie, the planning consultant, a Council planning officer and 12 objectors.

After the consultative meeting, on 29 April 2015, the applicant provided detailed ‘discussion plans’ which proposed a range of changes to the proposal including:

Reduction in the extent of the first floor footprints of dwellings one and two;

Increased setbacks at ground and first floor along the west boundary; and

Increased front setback (from 5m to 8m).

The ‘discussion plans’ Council date stamped 29 April 2015 will form the basis of the assessment which follows.

Referrals

Council’s Infrastructure Unit provided the following comments:

The road is currently unconstructed and given that the road is being used as both vehicular and pedestrian access to the units it will need to be constructed as part of the development. Please place a condition that the owner must at their cost construct the road in accordance with a plan prepared by a suitably qualified Engineer and approved by Council. The road must be constructed in accordance with the approved plan to the satisfaction and under the supervision of Council.

The site is almost dead flat and it will become apparent when the road is designed that the levels of the proposed buildings and garage will need to be raised above that proposed to create reasonable drainage as well as a step up to the garages and house as is required to protect those from drainage. This needs to be carefully considered. The floor levels will need to be raised quite significantly (at least 250mm). If this is not done the development will be at serious risk of flooding and certainly on-going drainage problems.

Council’s Transport and Parking Unit reviewed the proposal and made the following comments:

It appears that vehicles moving at less than 10km/h can effectively access the site from the right of way;

The plans do not document the required crossover for dwelling one to Maroora Street ;

The existing crossover at the north-west corner of the site must be widened to encompass the entire width of the right of way; and

A side entry drainage pit appears to be present where the extended crossover will be required.

Council’s Parks Unit has reviewed the proposal and provided the following comments:

Number of plants to be installed must be included on the landscape plan key;

Trees must be installed at a minimum 45L pot size / 2.5m in height; and

The plans must clarify the surface treatment of each area of the site (ie: lawn, garden beds, paving, etc...).

KEY ISSUES

The key issues with the proposal include whether the development respects the existing neighbourhood character and whether the proposal will have an adverse impact on residential amenity, including through overlooking, overshadowing, parking and traffic generation. These key issues as well as issues raised by objectors are discussed in detail below.

State Planning Policy Framework

A number of provisions from the State Section of the Planning Scheme are relevant to the policy setting for assessment of this application. These include commentary about Structure Planning (11.02-3), Metropolitan Melbourne (11.04), Urban Design (15.01), Housing (16) and Transport (18).

At the State Policy level these policy objectives provide a State policy impetus for the residential intensification of sites that are well served by physical and social infrastructure. Specific State policy support for appropriate residential intensification is highlighted in Clause 16 (Housing). This includes strategies to increase the supply of housing in existing urban areas by facilitating increased housing yield in appropriate locations, including under-utilised urban land (16.01-1).

The State Policy objectives in regard to transport also provide a particular emphasis on encouraging higher land use densities and mixed use developments near railway stations, major bus terminals, transport interchanges, tramways and principal bus routes (18.01-2).

When considered against this policy direction there is state policy support for the proposed redevelopment and residential intensification of an existing site close to established community facilities which would increase housing yield. In addition, the State policy objectives in relation to transport provide strong support for the development of higher residential density on a site that is located within 1km of heavy and light rail.

Local Planning Policy Framework

The Stonnington Strategic Framework Plan indentifies locations where specific outcomes are encouraged. In regard to residential intensification this framework at Clause 21.05-2 acknowledges the need for increased densities across the municipality and directs specific types of development to specific areas. The proposal is consistent with this policy, being in an ‘incremental change area’ where ‘2-3 storey multi-dwelling development’ is encouraged.

Specific built form outcomes are addressed in local Built Environment Policy at Clause 21.06. This policy directs new buildings to not be significantly higher or lower than the surrounding buildings and that development be of a height and scale that is consistent with its particular setting and location. In this instance the two storey built form is consistent with the prevailing one and two storey dwellings found in the neighbourhood.

For these reasons, it is considered that the proposal is generally consistent with the strategic direction outlined by the Stonnington Planning Scheme.

It is noted that the following assessment and discussion is based on the ‘discussion plans’ Council date stamped 29 April 2015.

Proposed scale and Neighbourhood Character

The application has been assessed against Clauses 16.01 and 21.05 and is considered a site responsive design which will sit comfortably in the existing and emerging streetscape. The dwellings are separated from each other and the double storey form ceases before it encroaches into the backyardscape of the adjoining dwelling to the east.