Council Minutes

Monday 4 July 2016


MINUTES
of the ORDINARY MEETING of the STONNINGTON CITY COUNCIL
held in the COUNCIL CHAMBER,
MALVERN TOWN HALL
(CORNER GLENFERRIE ROAD & HIGH STREET, MALVERN)
on
4 July 2016

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 27 June 2016...... 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 Application 531/15 – 29 Larnook Street, Prahran – Construction of a three storey building over common basement containing 9 dwellings 10

2.Planning Application 95/16 - 62 Kooyong Road, Armadale - Construction of a multi-dwelling development in a General Residential Zone 15

3.Planning Application 4/16 - 81 Waverley Road, Malvern East - Part demolition and buildings and works to a restaurant (as of right use), plus associated restaurant and cafe liquor licence, car parking and loading bay dispensation and internally illuminated and non-internally illuminated signage 15

4.Planning Application 1152/15 - 2 - 4 Scott Grove, Glen Iris - Construction of a multi-dwelling development in a General Residential Zone and reduction in the car parking requirements 18

5.Planning Application 248/15 - 22 Errol Street, Prahran - Construction of two dwellings on a lot 22

6.Planning Permit Amendment 491/08 - 33 Claremont Street, South Yarra – S72 Amendment to approved planning permit and plans comprising the construction of one additional level, roof top terrace and a further reduction in the car parking requirements 24

7.Planning Permit Amendment 558/09 - 30 Wilson Street, South Yarra - Amendment to allow for additions and alterations to the existing approved building and change the use from serviced apartments to dwellings 26

8.Planning Provisions Affecting Solar Panels...... 28

9.Melbourne Metro Rail Project - Submission to Environment Effects Statement 28

10.Submission to Infrastructure Victoria - All Things Considered: Exploring Options for Victoria’s 30-Year Infrastructure Strategy 29

11.Surrey Park Leashing Status...... 29

12.Draft Domestic Animal Management Plan 2016-2021...... 29

13.Community Grants 2016-2017...... 30

14.Arts and Culture Grants 2016/17...... 34

15.Return of General Revaluation 2016...... 35

M.Other General Business

N.Urgent Business

O.Confidential Business

Page 1

Council Minutes

Monday 4 July 2016

Present:cr claude ullin, mayor

:cr tini athanasopoulos

:cr jim athanasopoulos (7.27pm)

:cr john chandler

:cr erin davie

:cr matthew koce

:cr john mcmorrow

:cr melina sehr

Council Officers Present

:warren roberts, ceo

:geoff cockram

:penny pavlou

:steve relf

:stuart draffin

:gareth gale

:fabienne thewlis

Page 1

Council Minutes 4 July 2016

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 Ullin, noted that there were apologies from Cr Klisaris and Cr Jim Athanasopoulos. Cr Athanasopoulos may join the meeting later. He introduced Councillors and the CEO, Warren Roberts. The CEO introduced Council Officers.

The Mayor welcomed Venturers who were attending the Council Meeting as part of working towards their Citizenship badge.

B.Apologies

Procedural Motion:Moved Cr Erin Davie Seconded Cr John McMorrow
Thatthe apology received from Cr Klisaris and Cr Jim Athanasopoulos for late attendance be accepted and Cr Klisaris be granted leave of absence for the Council Meeting of the Stonnington City Council held on 4 July 2016.
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 - 27 June 2016
Motion: Moved Cr Tini Athanasopoulos Seconded Cr John McMorrow
That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 14 June 2016;Confidential Minutes of the Council Meeting of the Stonnington City Council held on 14 June 2016;and the Special Meeting held on 27 June 2016 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

The following Councillors declared a Conflict of Interest in relation to Item 13 - Community Grants 2016-2017:

  • Cr Davie declared an Indirect Interest, Close Association, in relation to Malvern Valley Primary School as her children attend there.
  • Cr Koce declared an Indirect Interest, Conflict of Duty, in relation to Very Special Kids.
  • Cr Chandler declared an Indirect Interest, Conflict of Duty, in relation to Prahran Mechanics Institute as he is a member of the Committee.
  • Cr Ullin declared an Indirect Interest, Conflict of Duty, in relation to Prahran Mechanics Institute and the Rotary Club of Prahran.
  • Cr Tini Athanasopoulos declared an Indirect Interest, Close Association, in relation to: the Senior Citizens of the Parish St Constantine’s & Helens, South Yarra and Prahran, and an Indirect Interest, Conflict of Duty in relation to1st Malvern Scout Group and 2nd Prahran Scout Group.
  • Cr McMorrow declared an Indirect Interest, Close Association, in relation to the Rotary Club of Chadstone/East Malvern as his wife is a Board Member of the Club.

E.Questions to Council from Members of the Public

During Council’s previous Ordinary Meeting no Questions to Council were received from members of the public.

For tonight’s Ordinary Meeting of Council one set of Questions to Council has been received for response.

One question from Alex Wood relating to:

  • Basketball facilities within the City of Stonnington.

Council will answer the questions, but I use my discretion under Clause 424 (3)(b) of the Local Law to not provide the responses this evening, but to provide written responses to the submitter within 14 working days.

F.Correspondence – (only if related to council business)

Cr Tini Athanasopoulos tabled the following correspondence:

  • Correspondence in relation to Item 2 – 62 Kooyong Road, Armadale:

An email (4.7.16) written on behalf of residents of Inverness Avenue, Armadale, asking for changes to the conditions in relation to: height of parapet walls; reduction in extent of roof garden; and inclusion of a car stand by the entrance.

An email (4.7.16) from a resident of Kooyong Road, Armadale, objecting on grounds including: lack of respect for existing neighbourhood character; excessive built form; impact on neighbours; overlooking; and poor design of exterior and interior spaces.

An email (4.7.16) from a resident of Kooyong Road, Armadale, objecting on the grounds of: lack of respect for existing neighbourhood character; excessive built form; and negative impacts on the amenity of adjoining residential properties; the setting of an inappropriate precedent; and exacerbation of traffic issues.

Cr McMorrow tabled the following correspondence:

  • An email in relation to Item 1: 29 Larnook Street, Prahran, on behalf of the permit applicant giving details of key changes made to the plans in response to issues raised by members of the community.
  • Correspondence in relation to Item 2 – 62 Kooyong Road, Armadale:

An email already tabled in relation to Item 1.

Two emails (11.5 & 30.6.16) from a resident of Kooyong Road, Armadale, giving history of a similar application for this site refused by Council and VCAT, and comparing that with the current application. The correspondent objects to the development on grounds including: lack of respect for existing neighbourhood character; excessive built form; privacy issues; and the setting of a dangerous precedent.

Cr Chandler tabled the following correspondence:

  • An email (1.7.16) in relation to the sub-division of a house in Montalto Avenue carried out without planning approval; issues relating to unregistered animals; and dissatisfaction with the response of Council Officers.
  • An email already tabled in relation to Item 1: 29 Larnook Street, Prahran.
  • An email already tabled in relation to Item 2 – 62 Kooyong Road, Armadale.

Cr Davie tabled the following correspondence:

  • The May / June 2016 edition of the Malvern East Group newsletter which gives regular news about planning applications.

Cr Ullin tabled the following correspondence:

  • Four emails already tabled in relation to Item 2 – 62 Kooyong Road, Armadale.
  • An email already tabled in relation to Item 1: 29 Larnook Street, Prahran.
  • Correspondence in relation to the Gardiner Park redevelopment:

Two emails (30.6 & 1.7.16) from residents of Allaville Avenue, Glen Iris, asking that Council not proceed with the proposed synthetic turf and the relocation of the Sports Pavilion on grounds including: reduction of accessibility; loss of natural feel; increased summer heat; higher traffic volumes and noise; and negative health and environmental impacts.

An email (1.7.16) from a resident of Allaville Avenue, Glen Iris, opposing the redevelopment on grounds including: lack of availability for residents; traffic chaos; lack of other green space in the vicinity; and lack of community consultation.

G.Questions to Council Officers from Councillors

A / Death of Ian MacDonald, former City Engineer of the City of Prahran
Cr John Chandler said it was his sad duty to inform Council that Ian MacDonald, former City Engineer of the City of Prahran passed away last week. His funeral will be held on 5 July 2016 in Mt Martha. Ian was an outstanding officer of the City of Prahran and is fondly remembered by all who knew him. He asked that Council write to the family expressing sincere condolences.
The Mayor, Cr Ullin, said that a letter would be written.
B / Drones flying over Malvern East
Cr Erin Davie said she had been asked to raise a complaint at Council about the flying of drones over Malvern East. She said this was possibly a breach of privacy. She believes this is not a Council responsibility, but asked if there were any laws controlling private drones flying over people’s properties.
The CEO, Warren Roberts, took the question on notice.
C / Minister for Planning made Responsible Authority for Burke Road Level Crossing removal site
Cr Melina Sehr said that Council has been very actively working with the community and VicTrack in relation to the Burke Road Level Crossing removal site, including listening to the community, initiating an Urban Design Framework and being involved in a Panel hearing for the site. She asked the General Manager, Planning and Amenity, Stuart Draffin, to confirm if the Minister for Planning had taken the highly unusual step of making himself the Responsible Authority for this site. If so, what consultation had taken place with Council Officers.
The General Manager, Planning and Amenity, Stuart Draffin, said that this had occurred without any consultation with Council or Council Officers. When Council Officers were advised of the event it came as a surprise. He said this decision was highly unusual.
Cr Sehr asked what were the implications of the Minister making himself the Responsible Authority for this site, which she said was very concerning.
The General Manager, Planning and Amenity, Stuart Draffin, said that essentially it means that the Minister, not Council, will make decisions about any development applications for Part B of the site. He is not sure if this will involve public notification of the proposal. Council Officers are checking this aspect. In the past the Minister has exempted himself from informing third parties.
Cr Sehr said she would raise this matter under General Business. She asked that it be brought to a Councillor Briefing as soon as possible. She commented that, if this is occurring with one grade separation, the Minister may take similar measures with many more.
Cr Koce said that Cr Sehr had raised a good point. Council had consulted extensively with the community in relation to that site. He asked if the Minister was bound by the Design Development Overlay or if he could absolve himself from that.
The General Manager, Planning and Amenity, Stuart Draffin, said that the overlay was developed in consultation with Council, residents and Vic Track. The recommended height was a preferred height. It was not mandatory. The Minister could therefore go beyond those preferred heights.
Cr Koce said that he believed the State Government was potentially considering the site as a value capture site. The Minister has made himself the deciding authority. He asked if it was a possibility that the Minister would approve a development much higher than the recommended height to gain more revenue.
The General Manager, Planning and Amenity, Stuart Draffin, said that this was a distinct possibility.
Cr Sehr said this constituted a huge conflict of interest on the Minister’s part.
The Mayor, Cr Ullin, said that it might be appropriate to write to the Minister about this matter.
D / Incident at the corner of Waverley and Malvern Roads
Cr John McMorrow said he had received correspondence in relation to an incident at the corner of Waverley and Malvern Roads. When a local resident tried to cross the road,they were in danger from a car which came through a red light. He noted that Malvern Road was dangerous and asked Council Officers to consider how to improve pedestrian safety. As it is a VicRoads’ designated road, he suggested that the matter be taken up with VicRoads if necessary.
E / Hedge at property on the corner of Kerferd and George Streets in the Gascoyne Estate
Cr John McMorrow said he had received an email from long-standing residents of a property on the corner of Kerferd and George Streets in the Gascoyne Estate in relation to various contacts with Council about the trimming of a camellia hedge.
The General Manager, Planning and Amenity, Stuart Draffin, said that the issue of hedges and overhanging foliage was not simply in relation to able-bodied people. Council has minimum standards and all hedges have to enable safe access to footpaths by both the able-bodied,the disabled and visually impaired.
Cr McMorrow asked Council Officers to conduct a reassessment and arrive at a pragmatic solution.

H.Tabling of Petitions and Joint Letters

Cr Ullin tabled a petition from 14 residents of Stuart Street, Armadale, drawing to the attention of Council the lack of parking restrictions in Stuart Street which is a narrow street. Currently parking issues are: seriously impacting parking availability for residents; causing traffic congestion, damage to parked cars and arguments between residents and safety concerns. The petitioners request that Council install two-hour restricted parking signs in the one-way end of Stuart Street.

Procedural Motion:Moved Cr Melina SehrSeconded Cr Tini Athanasopoulos
That the petition be received.
Carried

I.Notices of Motion

Nil

J.Reports of Special and Other Committees

The CEO, Warren Roberts, tabled the following Assembly of Councillors Record:

  • Community Services Advisory Committee meeting held on 22 February and 11 April 2016
  • Community Services Advisory Committee meeting held on 27 June 2016
  • Councillor Briefing held on 27 June 2016
  • Citizen of the Year Selection Panel Meeting held on 28 June 2016
  • Summary of Planning Consultative meetings held in June 2016

K.Reports of Delegates

Cr Koce as Chair of the Sustainability Advisory Committee reported on issues discussed at a meeting as follows:

  • Yarra River Biodiversity Project Update: since 2011 Stages 1, 2 and 3 works for the Yarra River Biodiversity Linkages Project have been completed. Works have included: over 160,000 plants planted; construction of a 3m wide pedestrian boardwalk; and upgrading of the bicycle path.
  • Greenhouse Gas Emissions: Council has set an ambitious target to reduce corporate greenhouse gas emissions by 20% below 2005 levels by 2015 and 30% by 2020. Council is on track to meet these targets. This has a lot to do with the installation of LED lights and improvements at the Harold Holt Swim Centre.

Cr McMorrow said he and the CEO, Warren Roberts, had attended an MAV presentation hosted by the Metropolitan Transport Forum where the Minister for Transport spoke. The input was generally good and focussed on rail crossings and Melbourne Metro.

Cr Ullin said that he and a number of other Councillors had attended the ALGA Conference in Canberra. He said this year’s conference was very disappointing as no politicians attended due to the proximity of the Federal Election. This meant there was no access to the Prime Minister or the Leader of the Opposition. The conference lacked focus as the agenda had to be changed. Cr Ullin has written a letter to the ALGA asking them to consider how motions are introduced and discussed. He has had no reply to date.

L.General Business

1 / Planning Application 531/15 – 29 Larnook Street, Prahran – Construction of a three storey building over common basement containing 9 dwellings
Motion:Moved Cr Melina SehrSeconded Cr Tini Athanasopoulos
That a Notice of Decision to Grant a Planning Permit No: 531/15 for the land located at 29 Larnook Street, Prahran be issued under the Stonnington Planning Scheme for the construction of a multi-dwelling development in a General Residential Zone subject to the following conditions:
  1. Before the commencement of the development, one electronic copy 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 24 May 2016 but modified to show:
a)The top level of the building setback a minimum of 4.59m from each side boundary (with the exception of the lift core which can be setback a minimum 3.175m) or an alternative to comply with Clause 55.04-1 Standard B17 of the Stonnington Planning Scheme;
b)The front wall of the top level of the building setback a minimum 4m beyond the front edge of the balcony on the level below. A terrace may encroach a maximum of 2m within this additional setback, with no elements higher than 1m allowed forward of the front wall;
c)A reduction in the length of the eastern boundary wall (to the master bedroom of Unit 3) from 5.35m to a maximum of 4.15m.
d)Details, including dimensions, of all materials used to control overlooking and details including sections (where relevant) of all overlooking screens to be provided in accordance with Standard B22 Clause 55.04-6 of the Stonnington Planning Scheme;
e)Garage floors to be noted as having a minimum gradient of 1 in 200 as per AS2890:1;