Council Minutes

Monday 18 August 2014


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
18 August 2014

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 4 August 2014...... 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

K.Reports by Delegates

L.General Business

1.planning permit application 0106/14 - 16 ardrie road, malvern east – construction of a second dwelling on a lot and reduction in the car parking requirements to an existing dwelling within a neighbourhood residential zone 11

2.planning permit application 0944/13 - 45 thurso street, malvern east - to construct two double storey dwellings on a lot 14

3.planning permit application 0934/12 - 4a brookville road, toorak – construction of a three storey building containing three dwellings and a basement car park for six vehicles 14

4.planning permit application 0755/13 – 1 - 2 / 46 clendon road, toorak - construction of two attached four storey dwellings each with a basement 18

5.planning permit application 0843/13 - 38 williams road, prahran - use of the land (unit 7) as a place of assembly (art gallery) with advertising signage in a residential growth zone and a reduction in the car parking requirement 21

6.Amendment C184 - Public Acquisition Overlay, Prahran - Consideration of Recommendations of the Planning Panel and Adoption 8

7.Proposed Public Art Commission for Surrey Park, South Yarra.....25

8.2014 - 2015 Calendar of Arts and Culture Events...... 25

9.Windsor Siding Masterplan - Issues and Opportunities...... 25

10.Stonnington Cycling Strategy...... 26

11.Prahran Mechanics Institute...... 26

M.Other General Business

N.Urgent Business

O.Confidential Business

Page 1

Council Minutes

Monday 18 August 2014

Present:cradrian stubbs, mayor

:crjohn chandler(7.04pm)

:crerin davie

:crsam hibbins

:cr matthew koce

:crjohn mcmorrow

:cr melina sehr

:cr claude ullin

Council OfficersPresent

:geoff cockram, acting ceo

:simon thomas

:connie gibbons

:karen watson

:stuart draffin

:alex kastaniotis

:fabienne thewlis

Page 1

Council Minutes

Monday 18 August 2014

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 7.02pm.

The Mayor (Cr Stubbs) introduced Councillors and the Acting CEO, Geoff Cockram, to the meeting. The Acting CEO, Geoff Cockram, introduced Council Officers to the meeting.

Cr Chandler entered the meeting at 7.04pm.

B.Apologies

motion:moved cr sehrseconded cr ullin

That the apology received from Cr Klisaris be accepted and she be granted leave of absence for the Ordinary Council Meeting of 18 August 2014.

Carried

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 - 4 August 2014
Motion:Moved Cr McMorrowSeconded Cr Davie
That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 4 August 2014 and Minutes of the Confidential Meeting of the Stonnington City Council held on 4 August 2014 as an accurate record of the proceedings.
Carried

D.Disclosure by Councillors of any conflicts of interest in accordance with Section 79 of the Act

Cr Chandler declared an Indirect Interest, Conflict of Duty, in relation to Item 11 - Prahran Mechanics Institute as he is President of that group.

E.Questions to Council from Members of the Public

The Mayor Cr Stubbs, 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 Ullin tabled the following correspondence:

  • Correspondence in relation to Item 2 - 45 Thurso Street, Malvern East:

A letter (15.8.14) from residents of Thurso Street objecting on grounds including: neighbourhood character and height issues; alleged inaccuracies in the Council Officer report; parking and traffic generation issues; and streetscape issues.

A letter (16.8.14) from a resident of Thurso Street objecting on grounds including: alleged inaccurate information; neighbourhood character issues; and unreasonable amenity impacts.

Two letters (12 & 15.8.14) from a resident of Thurso Street objecting on grounds including: lack of landscaping; design, scale, siting and built form inconsistent with existing neighbourhood character; streetscape issues; boundary to boundary coverage; and unacceptable traffic and parking impacts.

  • An email (18.8.14) with an attached brochure seeking advice and assistance in relation to transport, traffic and parking management for the Open Gardens Australia fundraising event to be held on 30-31 August 2014. Cr Ullin said he believed that the matter had already been referred to Council’s Development Officer.
  • An email (12.8.14) with attached photos from a resident of Mercer Road, Armadale, objecting to continuing noise from Council operated rubbish pick-ups occurring as early as 4am, despite complaints to Council’s Waste Management Office.
  • An email (12.8.14) objecting to Item 6 - Amendment C184 - Public Acquisition Overlay, Prahran - Consideration of Recommendations of the Planning Panel and Adoption on grounds including: planning permission being given to large developments despite the need for open space; possible hardship to residents whose houses are acquired for open space; and using Council rates to acquire properties for development of minimal open space areas.
  • An email (7.8.14) from residents of Hornby Street, Windsor, objecting to a development planned for the corner of Hornby and Earl Streets, Windsor, on grounds including: a bulky wall causing overshadowing; inconsistencies with the State Planning Policy Framework; noise from an outdoor pool; and neighbourhood amenity issues.

Cr McMorrow tabled the following correspondence:

  • An email (5.8.14) from the applicant for Item 1 - 16 Ardrie Road, Malvern East, giving additional information in support of the application.
  • Three items of correspondence already tabled in relation to Item 2 - 45 Thurso Street, Malvern East.
  • Correspondence in relation to Item 6 - Amendment C184 - Public Acquisition Overlay, Prahran:

An email already tabled in relation to Item 6.

An email (15.8.14) in support of the C184 Amendment on the grounds of: the provision of public open space in Prahran; research that shows the beneficial effect of access to open space in urban environments; and improved pedestrian access and safety.

An email (17.8.14) noting the number of residents using Princes Gardens, Victoria Gardens, Grattan Gardens and nearby pocket parks. The email gives details of vandalism and poor maintenance in particular pocket parks, and claims that pocket parks are less successful than larger parks in achieving the alleviation of urban density.

Cr Chandler tabled the following correspondence:

  • An email (6.8.14) from a resident of North Ward who is a medical student asking Council to consider giving financial support to a group of students travelling to Southern Uganda to provide medical assistance. Cr Chandler tabled the email for the active consideration of Council Officers, and asked that a report come back to Council.
  • A letter (2.8.14) from a resident of Hill Street, Toorak, urgently complaining about the ‘No Standing’ sign recently erected at the southern end of Hill Street and requesting that at least two spaces outside 26 Hill Street be reinstated as street parking. Cr Chandler asked Council Officers to consider this request.
  • A letter (9.8.14) from a resident of Lambert Road, Toorak, strongly objecting to the two-hour parking restrictions proposed for Lambert Road on grounds including: resulting parking congestion; and the impact of construction at Loreto School.

Cr Hibbins tabled the following correspondence:

  • One email already tabled in relation to Item 6 - Amendment C184 - Public Acquisition Overlay, Prahran.

Cr Stubbs tabled the following correspondence:

  • Correspondence already tabled in relation to Item 2 - 45 Thurso Street, Malvern East.
  • Correspondence already tabled in relation to Item 6 - Amendment C184 - Public Acquisition Overlay, Prahran.
  • An email already tabled in relation toItem 1 - 16 Ardrie Road, Malvern East.

The Mayor (Cr Stubbs) noted that, due to the numbers attending in the gallery in relation to Item 6 – Amendment C184 - Public Acquisition Overlay, Prahran, Council would move to consideration of Item 6.

Prior to consideration of Item 6, the Mayor (Cr Stubbs) read the following statement:

“Long-Term Strategy For Creating Open Space

As you know there has been a great deal of interest in tonight’s agenda item related to Amendment C184 and the Public Acquisition Overlay.

As with a number of issues like this, sometimes the media and community understanding of what Council is trying to achieve do not quite align to the reality of the situation.

This issue has been subject to rigorous community interactions and has been in the public arena since it was first placed on formal exhibition on 21 November 2013.

In this case, it is important to state that, unlike the headline in The Age, Stonnington sees no need to compel home owners to sell their land.

Can I re-iterate, Council is interested, if and when the owners decide to place their properties on the market.

Council has before it tonight the consideration of an amendment which signals Council’s intent to purchase 5 commercial properties should the properties be placed on the market in the future.

As we know, open space is a highly valued community asset and it is becoming increasingly sought after – we also know that Stonnington has the second lowest amount of open space per capita in metropolitan Melbourne.

The Council has prepared a 20 year plan to address this, and as widely reported previously it includes many strategies for creating open space, including for example, the investigation of the feasibility for undergrounding of the Cato Street car park.

To be clear, as part of our broader long term strategy 450 strategic opportunities have been identified across the whole municipality for detailed investigation, not that we have 450 sites that are being purchased.

The meeting tonight is to consider the identification of sites, so that when and if they become available for sale, Council would like it known, that it is interested in purchasing them for public use. The Minister for Planning would then be required to provide final approval.

Again, the meeting tonight is not to consider the compulsory acquisition of the identified commercial properties or any properties.

So to reiterate:

  • Council has prepared a 20 year plan for generating more open space in Stonnington.
  • Council is exploring a range of options to increase open space, including (for example) undergrounding the Cato Street car park and providing open space and parkland on top.
  • Council is not compulsorily acquiring properties, rather, looking to identify and reserve the land for future public open space.
  • It may take 5, 10, 20 or more years for Council to obtain any identified land, if indeed, it ever does.”

L.General Business

6 / Amendment C184 - Public Acquisition Overlay, Prahran - Consideration of Recommendations of the Planning Panel and Adoption
Motion:Moved Cr HibbinsSeconded Cr Sehr
That Council:
  1. Defer consideration of the report on Amendment C184 Public Acquisition Overlay for two cycles while further investigation and consideration is undertaken.
  1. Write to the Minister for Planning seeking an exemption from Ministerial Direction 15 – Part 6b, being the requirement to make a decision within 40 days of the date it receives the Panel’s Report.
Carried

The Mayor Cr Stubbs advised the gallery that Council would return to the Standing Order of Business .

G.Questions to Council Officers from Councillors

Cr Davie noted that in the last week or so construction had commenced on the next stage of the Chadstone Shopping Centre expansion. Right at the beginning of the project noise complaints have been received from residents in Midlothian Street. They report jackhammers being used at midnight and noisy generators running all night which are keeping them awake. The affected residents rang Council’s Out Of Hours Service and were pleased and expressed thanks that a Council Officer went immediately to the site. Cr Davie asked three questions: 1) what is the status of the construction management plan and has it been approved; 2) what overnight construction is permissible; and 3) what can Council do about noise outside approved hours.

The General Manager, Planning and Development, Stuart Draffin, said that the most recent incident has been raised and discussed with the builders and Chadstone Shopping Centre management. An explanation has been provided and they have said they will rectify the problem. A 24 hour, seven days a week hotline is being set up for residents so that concerns can be addressed by site managers. The construction plan is not yet signed off. Work being carried out at present is demolition which does not require a planning permit. EPA regulations and Council rules stipulate that overnight work is only allowed if it is not audible outside the premises. Council’s Local Law stipulates that construction can only occur between 7am and 8pm on week days and between 9am and 8pm on weekends and public holidays. Some events during construction may require work outside those times (for example, the laying of concrete floors). In such an event special permission must be sought. Council Officers will be given information about why and when that might occur.

Cr McMorrow asked thatfurther expansion of the reports that come to Councillor Briefing in relation to the Harold Holt Swim Centre and the possible introduction of diving. He asked that the reports cover all possible options for the dive pool andhow it would affect the future Harold Holt Swim Centre strategy.

The Acting CEO, Geoff Cockram, took the question on notice.

Cr Hibbins reported that he recently attended a Jobs Fair for people with a disability. Various employers attended and there were about 150 people endeavouring to link with them. Cr Hibbins noted that such events were very important for people with a disability as often employment underpins people’s economic and social wellbeing. He noted that one thing was missing – a City of Stonnington stall where prospective job seekers could seek work with Council. Cr Hibbins asked that Council sponsor a stall at the 2015 Jobs Fair or any similar event targeting people with a disability.

The Acting CEO, Geoff Cockram, took the question on notice.

Cr Sehr asked Council Officers to investigate the erection of some form of barrier to keep vehicles on their own side of the street in Valetta Street Malvern. She asked Council Officers to investigate some physical method to slow vehicles or keep them on their own side of the street.

The General Manager City Works, Simon Thomas, took the question on notice.

H.Tabling of Petitions and Joint Letters

Cr Hibbins tabled a joint letter from 15 people in support of the proposed C184 Amendment to the Stonnington Planning Scheme – Public Acquisition Overlay (PAO) (Schedule 3) to land at 22 & 25 Regent Street, 22 & 27 Mount Street and 34 Clifton Street in Prahran to identify land for possible future public open space. Support is given on grounds including: the provision of public open space in Prahran which is currently lacking; benefits to residents; provision of a cohesive and consistent interface between new developments; and improved pedestrian access and safety.

Cr Hibbins tabled a petition from 13 residents of Kenleigh Grove, East Prahran, noting a marked increase in parking in the street by non-residents which is causing parking problems for residents and their visitors. The petitioners ask that Council zone the eastern and northern sides of Kenleigh Grove as ‘Resident Permit Parking’.

Cr Sehr tabled a petition with 93 signatures presented to Crs Sehr, Hibbins, Ullin and Chandler by the Friends of Union Street Park. The petition draws to the attention of Council a project to build shade sails in Union Street Park, Armadale, and requests that the shade sails not be built.

Cr Sehr noted that she has received via email a copy of a petition from people opposing Amendment C184 - Public Acquisition Overlay, Prahran - Consideration of Recommendations of the Planning Panel and Adoption, which is addressed to the Legislative Council. She will table a copy of this petition at the next Council Meeting.

Cr Koce tabled a petition with 47 signatures drawing the attention of Council to the need for the installation of a footpath outside 28 Montalto Avenue. The petitioners request that Council provide a pedestrian footpath that can be used by all pedestrians, including the elderly and disabled. Cr Koce noted that the petition was also signed by the owners of 28 Montalto Avenue and that there was very strong support in the street. The petition included a number of photos.

motion:moved cr chandlerseconded cr davie

That the petitions and joint letter be received.

Carried

I.Notices of Motion

Nil

J.Reports of Special and Other Committees

The Acting CEO, Geoff Cockram, tabled the following Assembly of Councillors Records:

  • Social Development Advisory Committee Meeting held on 4 August 2014
  • Chapel Off Chapel Advisory Committee Meeting held on 6 August
  • Finance Advisory Committee Meeting held on 11 August 2014
  • Councillor Briefing held on 11 August 2014
  • Union Street Park Meeting on shade sails held on 18 August 2014
  • Summary of Planning Consultation Meetings held in July 2014

K.Reports of Delegates

Cr Ullin reported on a Glenloch Homes Meeting held last week as follows:

  • Rose Street Property Development: This matter occupied most of the discussion time. The submission to the State Government for a grant of $2 million has been unsuccessful. The project has been delayed by a further 12 months to raise the money to build the development.

Cr Ullin noted that he and the Acting CEO, Geoff Cockram, had attended the recent MAV Metropolitan Forum Meeting. He reported on the meeting as follows: