Notice Paper
Monday 24 April 2017 at 7pm
Council Chamber, Malvern Town Hall,
(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.

Page 1

Council Meeting

Notice Paper

Monday 24 April 2017

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 10 April 2017...... 3

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 (Clause 424 of General Local Law 2008 (No 1)

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

k)Reports by Delegates

l)General Business

1.Planning Permit Application 971/13 - 176 Wattletree Road, Malvern - S72 amendment to the approved planning permit comprising further alterations and additions at ground floor and the inclusion of a first floor at the rear of the existing building accommodating the dwelling. 3

2.Planning Application 1119/16 - 7-9 Robinson Street, Prahran – construction of a five storey mixed use development in a Commercial 1 Zone 3

3.Planning Application 703/16 - 43-45 Garden Street, South Yarra – construction of a mixed use development in a Commercial 1 Zone, Design and Development Overlay and Environmental Audit Overlay, reduction in the car parking requirement and waiver of loading facilities. 3

4.Amendment C238 - Permanent Heritage Protection for 29 & 31 Phoenix Street, South Yarra - Adoption 3

5.Energy conservation and greenhouse gas emissions reduction...... 3

6.Elizabeth Street, Malvern - Toorak Road Arterial Intersection - Follow-up Report...... 3

m)Other General Business

n)Urgent Business

o)Confidential Business

1.Proposed Property Purchase...... 3

Page 1

Adoption and Confirmation of Minutes Of Previous Meetings

24 April 2017

Recommendation

That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 3 April 2017, Minutes of the Special Meeting of the Stonnington City Council held on 10 April 2017 and Minutes of the Confidential Council Meeting held on 10 April 2017 as an accurate record of the proceedings.

Page 1

General Business

24 April 2017

l)General Business

1.Planning Permit Application 971/13 - 176 Wattletree Road, Malvern - S72 amendment to the approved planning permit comprising further alterations and additions at ground floor and the inclusion of a first floor at the rear of the existing building accommodating the dwelling.

Manager Statutory Planning: Alexandra Kastaniotis

General Manager Planning & Amenity: Stuart Draffin

PURPOSE

For Council to consider an amendment application to Planning Permit No. 971/13 which allows partial demolition and alterations and additions to a dwelling in a Heritage Overlay, part use of the land as a Medical Centre in a Residential 1 Zone and a reduction of the associated car parking requirement at 176 Wattletree Road, Malvern.

The proposal seeks permission for further alterations and additions to the medical centre and dwelling including relocating the dwelling to the proposed first floor addition at the rear of the site cantilevering over the approved car parking area.

Executive Summary

Applicant: / Urban Edge Consultants Pty Ltd
Ward: / South
Zone: / Clause 32.08 - General Residential Zone (Schedule 3 - Residential Boulevards & Corridors)
Overlay: / Clause 43.01 – Heritage Overlay (Schedule156)
Neighbourhood Precinct: / Garden Suburban 1
Date lodged: / 6 October 2016
Statutory days: (as at council meeting date) / 127
Trigger for referral to Council: / 7 or more objections
Number of objections: / 12 + 1 Petition (10 signatories)
Consultative Meeting: / Yes – held on 1 March 2017
Officer Recommendation: / Issue a Notice of Decision to Amend the Planning Permit

BACKGROUND

The Proposal

The original approval of Planning Permit 971/13 was issued by Council on 14 January 2016 and allowed alterations and additions to the existing building, use of the land as a medical centre and the associated car parking reduction.

Key features of the approved development include:

Partial demolition of the existing building on the western, eastern and southern sides

Demolition of a number of outbuildings to the south (rear) of the site.

Removal of several trees on the site, including

o3 trees in the front setback, and

o2 trees in the rear setback

Part use of the existing building as a medical centre comprising:

o2 “consulting rooms”,

o2 “treatment rooms”,

oA waiting room,

oA lunch room and staff area, and

o2 toilets, one of which is accessible

oA maximum of two (2) Health Service Providers on site at any time.

oHours of Operation between 9am-6pm Monday-Friday

Part use of the existing building as a dwelling (separated from the Medical Centre by a door) comprising:

oBedroom,

oBathroom, and

oLounge and dining area.

Four (4) car spaces to the rear accessed by the rear laneway.

Construction of a small extension to the west of the building to house the proposed lunch room

An application to amend the planning permit was received 6 October 2016. This is the first amendment to the permit.

The plans that form part of the basis of Council's consideration were prepared by Garden City and are known as File No. 1506a-MV and are Council date stamped 17 November 2016.

Key features of the proposed amendment are:

Retention of the external walls and chimney of the outbuilding in the south-west corner of the site

Internal reconfiguration to the internal layout that extends the floor area of the approved medical centre use replacing the approved lounge and dining area. This new area is referred as a “Medical Seminar Room”.

Relocation of the intervening door between the dwelling and medical centre to a “semi-permanent partition wall”

Change of the approved bathroom and bedroom into a “rest room” and “sauna spa bath” associated with the dwelling.

Construction of a decked courtyard area along the western side of the site and removal of an accessible ramp.

Construction of a first floor addition above the approved car parking area, accessed from Soudan Street and comprising:

oA “conservatory room”,

oA study,

oOpen Plan living, dining and kitchen area,

oMaster bedroom, and

owalk in robe and ensuite.

oThe lower section clad in a “Dulux Noble Brown or similar” powder coat finish.

oThe upper section clad in a “Dulux Georgian Brick” coloured render.

Importantly, the hours and number of people providing health services is unchanged from the approval.

Condition 1 of the permit states:

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 application plans Council date stamped 3 September 2015 but modified to show…

The amendment application specifically seeks to alter this condition to refer to the amendment plans Council date stamped 17 November 2016. On this basis, the various requirements of Condition 1 of the permit are yet to be complied with, regardless of any decision made by Council on the current amendment application.

The amendment application was revised on 18 November 2016 following concerns relating to heritage. The original proposal included the rear addition directly attached onto the existing building, with the stairway leading from Soudan Street to the Conservatory Room running North-South (as opposed to the currently proposed East-West). The original proposal also included the entire demolition of the rear outbuilding and the currently proposed “Rest Room” is notated as a “Study”.

Site and Surrounds

The site is located on the southern side of Wattletree Road on the corner of Soudan Street. The site currently contains a single storey detached Victorian villa and an outbuilding located in the rear yard. The site is regular and rectangular in shape, has a primary frontage to Wattletree Road of 15.24m, a depth of 39.62m, and an approximate site area of 604 square metres.

The subject site is located within Heritage Overlay No. 156 (Claremont Avenue Precinct) and is graded “B”. The Claremont Avenue Precinct is of regional significance as a fine, representative and substantially intact example of an area subdivided in the 1880s and developed largely in the Federation and late Federation period under the impetus provided by improved public transport to Melbourne's eastern suburbs.

A mix of dwelling types can be found in the immediate vicinity of the subject site; the buildings range from single to three storey built form. Dwellings in the neighbourhood context provide a mixture of attached and detached form as well as both single dwelling and multi-unit buildings.

The site's immediate surrounds are described as follows:

To the immediate north is Wattletree Road,

To the immediate south is a right of way, beyond which is No. 2 Soudan Street, containing a single storey attached dwelling,

To the immediate east is Soudan Street, beyond which is No. 178 Wattletree Road, containing a single storey detached brick dwelling, and

To the immediate west is No. 174 Wattletree Road, containing a double storey rendered dwelling.

The Title

The site is described on Certificate of Title Volume 4554 Folio 743 and no covenants or easements affect the land.

Planning Controls

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

Zone

Clause 32.08 – General Residential Zone – Schedule 3 (GRZ3)

Since the issue of the original permit, the Residential 1 Zone has been amended to the General Residential Zone.

Pursuant to Clause 32.08-5, a permit is required to construct or extend a dwelling on a lot of less than 500 square metres (as specified in Schedule 3), Given that the subject site has an area of 604 square metres, a planning permit is not required to extend a single dwelling under the requirements of the zone.

Given that a planning permit is not required for the construction of a dwelling on a lot under the General Residential Zone, Council cannot consider the application against Clause 54 of the Planning Scheme (ResCode). ResCode standards will be administered during the Building Permit process.

Since the lodgement of the amendment, Planning Scheme Amendment VC110 has been gazetted and now forms part of the Planning Scheme. The amendment made a number of changes to the General Residential Zone at Clause 32.08, notably including:

The introduction of Clause 32.08-4 that specifies minimum garden area requirements for sites of 400 square metres and greater.

Modifications to Clause 32.08-9 which now specifies the following mandatory requirements:

oThe building height must not exceed 11 metres; and

oThe building must contain no more than 3 storeys at any point.

Clause 32.08-14 specifies that the minimum garden area requirements at Clause 32.08-4 and the maximum building height and number of storeys requirements at Clause 32.08-9 do not apply to a planning permit application for the construction or extension of a dwelling or residential building lodged before the approval date of Amendment VC110.

This application was lodged on 6 October 2016 and Amendment VC110 came into effect on 27 March 2017 and therefore the transitional provisions at 32.08-14 apply.

Pursuant to Clause 32.08-1, a medical centre is a section 2 (permit required) use if it does not meet the following requirements:

The gross floor area of all buildings must not exceed 250 square metres,

Must not require a permit under clause 52.06-3 (car parking), and

The site must adjoin, or have access to, a road in a Road Zone.

Although the subject site abuts a Road Zone that covers Wattletree Road, the approval allows a gross floor area exceeding 250 square metres and requiring a permit under Clause 52.06-3. Therefore a planning permit is required for the medical centre use.

Pursuant to Clause 32.08-6, a permit is required to construct a building or construct or carry out works for a section 2 use. A permit is required pursuant to this provision of the zone.

Overlay

Clause 43.01 - Heritage Overlay (Schedule 156)

Pursuant to Clause 43.01-1, a permit is required to construct a building or construct or carry out works. A permit is therefore required pursuant to this provision.

Particular Provisions

Clause 52.06 – Car Parking

Pursuant to Clause 52.06-5, the approved uses generate the following car parking requirements:

Dwelling / 1 to each one or two bedroom dwelling, plus
2 to each three or more bedroom dwelling (with studies or studios that are separate rooms counted as bedrooms.
Medical Centre / 5 to the first person providing health services, plus
3 to every other person providing health services

Although the proposed extension increases the number of “bedrooms” by the inclusion of a study, it remains that only one car parking space is required for the dwelling use.

The approved health service provider limit of 2 is not proposed to be increased.

On this basis, the level of demand generated by the amended proposal is unchanged and therefore no permit is required pursuant to this provision and car parking cannot be considered as part of this amendment application.

Relevant Planning Policies

15Built Environment & Heritage

17Economic Development

21.04Economic Development

21.06Built Environment & Heritage

22.04Heritage Policy

32.08General Residential Zone – Schedule 3

43.01Heritage Overlay

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 2signs on the site). The public notification of the application has been completed satisfactorily.

The site is located in South Ward and objections from 12 different properties in the immediately surrounding area have been received and one petition (with 10 signatories) has also been received. The following concerns have been raised:

Use of the site as a medical centre, including the medical seminar room

Car parking

Streetscape Impacts

Use of the site as a dwelling alongside medical centre use

Removal of “Crepe Myrtle” within front setback

Overdevelopment, scale, built form and general amenity concerns related to the proposed extension

Extent of proposed medical centre

Inadequate heritage response

Neighbourhood character

Use of the unnamed laneway

A Consultative Meeting was held on 1 March 2017. The meeting was attended by Councillor Stefanopoulos, representatives of the applicant, objectors and a Council planning officer. The meeting did not result in any changes to the plans.

Referrals

Heritage comments were provided on 2 November 2016, prior to the formal revision of the amendment application on 18 November 2016. Council’s Heritage Advisor was in support of the proposal, subject to the relocation of the staircase entry to the dwelling from Soudan Street (originally running north-south) to run east-west. This would remove the part of the staircase structure covering the existing building and would visually separate the proposed conservatory room from the existing building, by placing the staircase between these two elements. It was further recommended that the external walls and chimney of the south-western most out-building be retained.

Following the revision, supplementary comments were provided by Council’s Heritage Advisor on 15 March 2017. In these comments, the advisor confirmed that the applicant had made the necessary changes to receive their support. In response to concerns raised by objectors, the advisor specifically noted that:

The proposed colours are considered appropriate and will sit comfortably with the original building and the broader colour scheme of the precinct.

The Heritage Advisor concluded in their supplementary advice:

The current proposal does not have a detrimental impact on the heritage precinct or the existing building and therefore should be supported.

ASSESSMENT

Given the applicable permit requirements which are limited to the use of the land as a medical centre in a General Residential Zone and the construction of buildings and works in a Heritage Overlay, the assessment is constrained to the following:

The impacts of the use and development associated with the medical centre in accordance with the requirements of the General Residential Zone.

The heritage response across all parts of the proposal in accordance with the requirements of the Heritage Overlay.

Strategic Justification

The Municipal Strategic Statement located at Clause 21 of the Stonnington Planning Scheme provides strategic guidance to the other provisions of the planning scheme. Relevant sections are considered below.

Clause 21.04-4 provides strategic direction on commercial and community uses in residential zones. Strategies 1.1 and 1.5 to this objective state:

1.1: Encourage commercial and community uses permissible in residential zones to locate close to activity centres, community hubs, public transport and other related uses

1.5: Encourage large and/or purpose built, non-residential uses located in or beside activity centres or beside those parts of main roads which have a mixed use character.

The subject site is located in close proximity to the ‘Glenferrie Road’ activity centre which includes a diverse mix of uses including retail, offices and other commercial premises. The subject site is also located on Wattletree Road within close proximity to Cabrini Hospital and a number of other medical centres surrounding the hospital.

Clause 21.06-10 provides strategic direction on conserving heritage significant buildings. Strategies 1.3 and 1.4 to this objective state:

1.3: Encourage the retention of the key attributes that underpin the significant of the heritage place

1.4: Encourage the conservation of contributory elements of heritage places.

Medical Centre Extension

The proposed amendment does not include for any changes to the following:

The Number of Health Service Providers (approved: 2)

Hours of Operation (approved: 9am-6pm Monday-Friday)

Condition 4 on the approved permit restricts the number of medical practitioners to two. Since the issue of the permit, the scheme has been revised to instead refer to health service providers. Condition 4 is therefore recommended to be amended to state as such as part of this amendment application.