Notice Paper
Monday 7 May 2018 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.
NOTES
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.
This meeting is being live-streamed.
Members of the gallery will not be filmed however the recordings will capture any audio which will be transmitted and held on Council’s website.
Members of the gallery are not permitted to film or record the meeting on their own devices.
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Council Meeting
Notice Paper
Monday 7 May 2018
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 23 April 2018...... 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 (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 Application - 1132/17 - 364B Toorak Road South Yarra VIC 3141 - Construction of a multi dwelling development in a Residential Growth Zone 7
2.Planning Permit 0322/16 - 2-6 Commercial Road, Prahran VIC 3181- S72 Amendment to approved Planning Permit and Plans including a new roof deck 41
3.Planning Application 0379/17- 1352 Malvern Road, Malvern VIC 3144 – Partial Demolition and subsequent Construction of a four storey mixed used Development containing a shop, four dwellings, four car parking spaces and six bicycle spaces 49
4.Planning Application 0455/17- 24 Beech Street, Malvern East VIC 3145 – demolition of existing dwelling and construction of a new double storey dwelling 75
5.Planning Application 0787/17 – 35-41 Claremont Street, South Yarra VIC 3141 – Use and development of land for a 22-storey building for the purpose of a 294 room Residential Hotel, reduction in bicycle facilities requirement, sale and consumption of liquor in an Activity Centre Zone, Environmental Audit Overlay and a Land Subject to Inundation Overlay. 93
6.Planning Application 0534/17- 12 Huntingtower Road, Armadale VIC 3143 – construction of two new dwellings in a two storey building above basement garage 121
7.Planning Permit 1176/16 - 12 Glendearg Grove, Malvern VIC 3144- S72 amendment to approved plans comprising the relocation of the existing crossover and driveway. 145
8.Dunlop Pavilion Redevelopment - Memorandum of Understanding...... 153
9.Romanis Reserve Floodlight Trial...... 159
10.Glow Winter Arts Festival - Revised Budget ...... 163
11.Options for Reinstating the Dive Facility at Harold Holt Swim Centre...... 165
12.Updated Tree Work Permit Application Procedure ...... 173
13.Rockley Road, South Yarra - Proposal to Install PERMIT ZONE Parking Restrictions..181
m)Other General Business
n)Urgent Business
o)Confidential Business
1.Potential Property Investigation...... 189
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Adoption and Confirmation of Minutes Of Previous Meetings
7 May 2018
Recommendation
That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 23 April 2018 and Minutes of the Confidential Meeting of the Stonnington City Council held on 23 April 2018 as an accurate record of the proceedings.
Page 1
General Business
7 May 2018
l)General Business
1.Planning Application - 1132/17 - 364B Toorak Road South Yarra VIC 3141 - Construction of a multi dwelling development in a Residential Growth Zone
Coordinator Statutory Planning: Hannah McBride-Burgess
General Manager Planning & Amenity: Stuart Draffin
PURPOSE
For Council to consider a planning application for construction of a multi dwelling development in a Residential Growth Zone at 364B Toorak Road, South Yarra.
Executive Summary
Applicant: / Emilie JohnstonUrbis
Ward: / North
Zone: / Residential Growth Zone - Schedule 1-Key Boulevards
Overlay: / None
Neighbourhood Precinct: / Garden Suburban 1
Date lodged: / 27 October 2017
Statutory days: (as at council meeting date) / 161
Trigger for referral to Council: / 4 storeys and more than seven (7) objections
Cultural Heritage Plan / No
Number of objections: / 39
Consultative Meeting: / Yes – held on 27 February 2018
Officer Recommendation: / Notice of Decision to Grant a Planning Permit
BACKGROUND
The Proposal
The plans that form part of the basis of Council's consideration were prepared by PEK Studio dated 28 November 2017 Revision B and are known as Drawing No’s: A000, A001, A002, A003, A004, A104, A090, A091, A100, A101, A102, A103, A200, A201, A202, A203, A204, A250, A251, A252 and Council date stamped 29 November 2017.
Landscape Concept Plans dated 30 November 2017Revision A LA-01 and LA-02 and Council date stamped 29 November 2017 prepared by Urbis have also been submitted.
The application seeks to construct a four storey apartment building containing 6 dwellings (6 x 3 bedroom) over two levels of basement car parking. The proposed building has a maximum height of 13.8 metres. A total of 17 car spaces are provided in the basement levels (16 resident and 1 visitor), with access proposed from Hawksburn Road.
The development will involve the demolition of the existing dwelling on the subject site. Key features of the proposal are:
Demolition of the existing building (no permit is required).
Two levels of basement car parking:
Level 1 Basement provides for 8 car parking spaces with four storage cages associated with four (4) Apartments, 8 bicycle spaces and bin storage room.
Level 2 provides for 9 car parking spaces with two storage cages associated with two (2) Apartments, 8 bicycle spaces and bin storage room.
Provision of a car lift across both levels to provide access to the basement from the ground floor level.
The existing vehicle crossing south of Hawksburn Road will provide vehicle access to the car park within the Basement. The existing crossover is not proposed to be modified.
The ground floor level includes two Apartments (2 x 3 bedroom).
The first floor level includes two Apartments (2 x 3 bedroom).
The second floor level includes one Apartment (1 x 3 bedroom).
The third floor level includes one Apartment (1 x 3 bedroom).
The main entrance to the building is accessed from Hawksburn Road leading to an entrance lobby covered by an awning.
Private open space for each Apartment will be provided in the form of terraces varying in size between 10.4 square metres and 175 square metres. A private rooftop terrace with open pergola will be provided for Apartment 6.
A 2m high white concrete rendered fence is proposed along the Hawksburn Road frontage and extends around onto the Toorak Road frontage ranging in height from 1.5 metres to 2.2 metres.
The building presents a contemporary architectural style. Materials and finishes include a combination of charcoal grey masonry, off-white concrete render, reflective platinum silver glazing and black steel balustrades.
All existing onsite trees are proposed for removal (none of which are considered ‘significant’ trees).
The proposal results in 70% site coverage; 77% basement coverage and 23% site permeability.
The applicant submitted plans for discussion on 1 March 2018to address officer concerns regarding the extent of the basement and above-ground building footprint and its limitations on the amount of space for the integration of a satisfactory in-ground canopy-tree landscape setting.
These plans show the following changes:
Level 1 and Level 2 Basement western boundary setback increased from 0 metres to 2 metres (fire egress stair retained on boundary).
This will result in the loss of the majority of the storage spaces associated with each Apartment, the loss off all 16 bicycle spaces and the 5 litre water tank.
Total reduction of Basement of 63.8sqm (resulting in reduction of basement site coverage from 77% to 71.8%).
Ground floor western boundary setback increased from 0 metres to 2 metres (fire egress stair retained on boundary).
This will result in the loss of approximately half of the two bedrooms and most of the ensuite associated with Apartment 2 (internal reconfiguration required).
Total reduction of Ground Floor of 32.5sqm (resulting in reduction of site coverage from 70% to 65.3%).
Increase in on site permeability from 23% to 28.2%.
Landscape area amended to provide for 74.8sqm/11% site coverage of in ground planting areas and 23.6sqm of above ground planting areas.
Both the application plans (Council date stamped 29 November 2017 Revision B) and the discussion plans (Council date stamped 1 March 2018 Revision C) will form the basis of assessment.
Site and Surrounds
The site is located on the south-western corner of Toorak Road and Hawksburn Road. The site has the following significant characteristics:
The site is rectangular in shape, with a frontage to Toorak Road of approximately 17 metres and a frontage to Hawksburn Road of 39.6 metres.
The site has an area of 686 square metres.
The subject site features a slight rise of approximately 1 metre from the south west to the north east of the site.
The subject site is occupied by a double fronted single storey brick dwelling with a slate tile roof and is bound by a 1.9m high timber fence. The dwelling is setback a minimum of 3.5 metres from Toorak Road and 4.5 metres from Hawksburn Road.
The site contains are series of trees and shrubs to the north, east and south of the site.
There is an existing crossover to the south of the Hawksburn Road frontage which provides vehicle access to the site.
The wider area comprises both low-rise (3-4 storey) as well as mid-rise (5-9 storey) residential developments with a mix of type including private residential homes and multi-level apartment buildings. The area also comprises a mix of single and double storey dwellings.
Immediately located to the north of the subject site is Toorak Road, a VicRoads declared arterial road which falls within the Road Zone Category 1.
Immediately located to the south of the subject site is No. 79 Hawksburn Road, a single storey, detached dwelling with a front setback of 3.2 metres to Hawksburn Road and is located within a Neighbourhood Residential Zone. Secluded private open space is located in the rear of the site with moderate landscaping. The dwelling is setback 3.2 metres from the common site boundary and contains three north facing windows that face the subject site. Vehicle access to the site is via a single width crossover located on the northern side of Hawksburn Road leading to a driveway and car space along the northern common boundary with the subject site. Several three storey apartment buildings are also located within close proximity to the southern interface, namely No.63 and No.65 Hawksburn Road.
Immediately located to the east of the subject site is Hawksburn Road. The Hawksburn Road abuttal contains an existing traffic calming device located directly adjacent to the existing crossover as well as a number of street trees.
No. 366 Toorak Road sits opposite the subject site to the east. This site is situated on the corner of Toorak and Hawksburn Road. The building is a two storey Victorian era dwelling and is built to the Hawksburn Road boundary (side) for half the depth of the site.
Immediately located to the west of the subject is No. 362 Toorak Road, a double storey red brick detached dwelling with a cross gabled tiled roof. The dwelling features a front setback of approximately 9.2 metres to Toorak Road. Secluded private open space is located in the rear of the property, including moderate vegetation. Vehicle access to the site is via a single width crossover located in the north-east corner of the site. The dwelling is setback 2.72 metres from the common site boundary and contains six habitable room windows along its eastern façade that face the subject site.
Previous Planning Application(s)
A search of Council records indicates no relevant planning applications.
The Title
The site is described on Certificate of Title Volume 01992 Folio 335 / Lot 3 on Plan of Subdivision LP957 and no covenants or easements affect the land.
Planning Controls
The following controls/permit triggers are considerations for this application:
Zone
Clause 32.07 – Residential Growth Zone (Schedule 1) – Key Boulevards
Pursuant to Clause 32.07-5, a permit is required to construct two or more dwellings on a lot.
Schedule 1 also includes variations to the following ResCode standards:
Standard / RequirementSite Coverage / A5 / Basements should not exceed 75% of the site area
The purpose of the Residential Growth Zone is to implement State and Local Planning Policies as follows:
To provide housing at increased densities in buildings up to and including four storey buildings
To encourage a diversity of housing types in locations offering good access to services and transport including activity centres and town centres
To encourage a scale of development that provides a transition between areas of more intensive use and development and other residential area; and
To ensure residential development achieves design objectives specified in a schedule to this zone.
The header clause of the Residential Growth Zone (RGZ) set outs a maximum building height of 13.5 metres unless the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the height of the building should not exceed 14.5 metres. Plans show that the site has a slope of 2.9 degrees over a distance of 10.8 metres at the location of the proposed building. Accordingly, the maximum preferred height limit applicable to this site is 14.5 metres.
It should be noted the maximum building height requirement as outlined in Schedule 1 to the Residential Growth Zone is a preferred height limit rather than a mandatory height limit.
Overlay
The subject site is not affected by any overlays.
Particular Provisions
Clause 52.06 – Car Parking
Pursuant to Clause 52.06-2, before a new use commences or the floor area or site area of an existing use is increased, the number of car parking spaces required under Clause 52.06-5 must be provided to the satisfaction of the responsible authority. In accordance with Table 1 – Clause 52.06-5, two car parking spaces are required to each three or more bedroom dwelling. Furthermore, one visitor car space is required for each 5 dwellings.
The development comprises a total of 6 three bedroom dwellings, creating a statutory requirement of 12 resident parking spaces and one (1) visitor space.
The proposal provides a total of 17 car spaces (16 resident and 1 visitor). The development fully complies with the requirements of Clause 52.06.It should be noted that changes as per the discussion plans do not affect or reduce the number of car spaces provided.
Clause 52.34 – Bicycle Facilities
Pursuant to Clause 52.34 a development of 4 or more storeys is required to provide 1 bicycle space to each 5 dwellings for residents and 1 bicycle space to each 10 dwellings for visitors. The proposal provides for 16 bicycle spaces within the basement. It is noted that the discussion plans submitted to Council involve increased setbacks of the basement levels in the location where the bicycle spaces are provided. To compensate, the permit conditions will require the provision of bicycle spaces in accordance with Clause 52.34.
Clause 55 – Two or more dwellings on a lot and residential buildings
A development must meet all of the objectives of this clause and should meet all of the standards of this clause. A development must meet the requirements of Clause 55.
Relevant Planning Policies
Clause 9 / Plan MelbourneClause 11.06 / Metropolitan Melbourne
Clause 15 / Built Environment and Heritage
Clause 16.01 / Residential Development
Clause 18.01 / Transport
Clause 21.02-2 / Urban Environment and Character
Clause 21.03-2 / Residential Areas
Clause 21.03 / Vision
Clause 21.05 / Housing
Clause 21.06 / Built Environment and Heritage
Clause 22.05 / Environmentally Sustainable Development
Clause 22.18 / Stormwater Management (Water Sensitive Urban Design)
Clause 22.23 / Neighbourhood Character Policy
Clause 32.07 / Residential Growth Zone
Clause 52.06 / Car Parking
Clause 52.34 / Bicycle Facilities
Clause 55 / Two or more dwellings on a lot and residential buildings (ResCode)
Clause 65 / Decision Guidelines
Heritage Investigation
At the request of Council, the subject site is currently being investigated for a potential precinct extension to Heritage Overlay (HO137). HO137 Hawksburn Railway Precinct is a heritage overlay to the south which does not include 364B Toorak Road. The Hawksburn Railway Station Precinct was first identified as a heritage area in the 1983 City of Prahran Conservation Study. It included the railway station and properties alongside the railway line between Cromwell Road and Williams Road, and was smaller in extent than the current HO. The 1992 Prahran Character and Conservation Study recommended an addition to the heritage area extending north along Hawksburn Road in the vicinity of Cassell Street. This was generally the form that precinct took when the Heritage Overlay control was first implemented. The area was re-examined in 2008/2009 as part of a municipal wide study of Heritage Overlay precincts undertaken by Bryce Raworth Pty Ltd. Several extensions were recommended for the precinct to incorporate streetscapes that shared common patterns of historical development and which also displayed a comparable or higher level of intactness to early built form found in the existing HO. The enlarged HO137 boundary was applied in 2010 as part of Amendment C103 to the Stonnington Planning Scheme.
The subject site was also considered as part of the Stage 1 Federation Houses Study 2014, and was found to be of the Victorian Era. It was assessed in the Stage 2 Victorian Houses Study 2016 and assessed as not meeting the threshold for individual significance.
At the Council Meeting on the 5 February 2018, a petition was tabled asking Council to;
”Save Hawksburn Road from developers – stop 74 Hawksburn Road from demolition into multi-storey apartments there and Toorak Road boundary.”
Subsequently Officers engaged Bryce Raworth Pty Ltd to investigate whether the boundaries of the Hawksburn Railway Station Precinct were appropriate, specifically regarding the properties at the northern end of Hawksburn Road. With this review complete, a peer review has been requested, which is being undertaken by Nigel Lewis and is due to be complete by mid-May.