Council Minutes

Monday 13 October 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
13 October 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 29 September 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 0590/13 – 23 coolgardie avenue, malvern east – partial demolition, alterations and additions and construction of a second dwelling on a lot within a neighbourhood residential zone and a heritage overlay 6

2.planning permit application 0533/13 - 6 hope street, glen iris - demolish the existing building (no permit required) and construct three double storey units on a lot - the development provides vehicle access via hope street and the rear laneway for six on site car spaces 9

3.planning permit application 0325/14 - 5a monaro road, kooyong - construction of two dwellings on a lot within a neighbourhood residential zone 13

4.Planning Scheme Amendment C189 - Permanent Heritage Protection Toorak House Precinct 16

5.Planning Scheme Amendment C208 to the Stonnington Planning Scheme - Mapping Corrections Malvern and Malvern East 17

6.Chatsworth Road, Prahran - Traffic Management - Follow-Up...... 17

7.Aintree Road, Glen Iris - Traffic Speeds...... 17

8.Howitt Street, South Yarra, West of Hobson Street - Proposal to Install 2-Hour Restrictions 17

9.Montalto Avenue, Toorak - Footpath...... 18

10.Local Government Electoral Review: Submission...... 18

11.Art Acquisitions Policy - Updated...... 18

12.Cultural Program Calendar 2015/ 16...... 19

M.Other General Business

N.Urgent Business

O.Confidential Business

Page 1

Council Minutes

Monday 13 October 2014

Present:cradrian stubbs, mayor

:crjohn chandler

:crerin davie

:crjami klisaris

:crjohn mcmorrow

:cr melina sehr

:cr claude ullin

Council OfficersPresent

:warren roberts, ceo

:geoff cockram

:simon thomas

:tony oulton

:karen watson

:stuart draffin

:alex kastaniotis

:judy hogan

Page 1

Council Minutes

Monday 13 October 2014

A.Reading Of The Reconciliation Statement And Prayer

Judy Hogan, City Support Officer, 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 CEO, Warren Roberts, to the meeting. The CEO introduced Council Officers to the meeting.

B.Apologies

Procedural Motion:Moved Cr KlisarisSeconded Cr Davie
That Cr Koce and Cr Hibbins be granted leave of absence for the Ordinary Council Meeting of the Stonnington City Council held on 13 October 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 - 29 September 2014
Motion:Moved Cr ChandlerSeconded Cr McMorrow
That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 29 September 2014 and Confidential Minutes of the Council Meeting of the Stonnington City Council held on 29 September 2015 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 McMorrow declared a Direct Interest in relation to Item 7 – Aintree Road, Glen Iris - Traffic Speeds, as he is a resident of that street.

The Mayor, Cr Stubbs, declared an Indirect Interest, Close Association, in relation to 23 Coolgardie Avenue, Malvern East, as he and his wife know one of objectors.

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 Sehr tabled the following correspondence:

  • A multi-signatured letter signed by 11 residents of Union Street, Armadale, asking that a ‘Gazettal’ of additional land as a Public Highway be added to the existing Council-owned and maintained road as a Public Highway, preserving the ability for vehicles to turn at a splay corner adjacent to the rear of 75 Union Street, Armadale.

Cr McMorrow tabled the following correspondence:

  • Correspondence in relation to Item 1 – 23 Coolgardie Avenue, Malvern East:

An email (10.10.14) from a resident of Albert Street, Malvern East, objecting on the grounds of: inappropriateness in a heritage overlay; streetscape and neighbourhood amenity issues.

An email (9.10.14) from the applicant in support of the application on the following grounds: adjustments to the original plans to comply with Council’s planning requirements and meeting the concerns of objectors; provision of adequate setbacks; and a design consistent with existing neighbourhood character and current streetscape.

An email (12.10.14) from residents of Coolgardie Avenue objecting on the grounds of dual occupancy in a street with mostly single residences.

An email (10.10.14) from a resident of Coolgardie Avenue objecting on the grounds of: inappropriate height and double-dwelling in this Heritage Overlay area; orientation of the second dwelling; demolition of a garage with a wall located on an adjoining property.

An email (12.10.14) from residents of Coolgardie Avenue objecting on the grounds of inappropriate character and appearance in this Heritage Overlay area.

An email (10.10.14) from a resident of Coolgardie Avenue objecting on the grounds of: dual occupancy in a heritage overlay; streetscape and neighbourhood character and amenity issues; demolition of a wall located on a neighbouring property; overlooking issues; and location, bulk and height of the proposed building.

An email (10.10.14) from residents of Coolgardie Avenue objecting on the grounds of: dual occupancy in a heritage overlay area; adverse impact on residential amenity and neighbourhood character; and streetscape issues.

An objection from a resident of Coolgardie Avenue objecting on the grounds of: inconsistency with the Class B heritage classification of the existing building; dual-dwellings inappropriate for the heritage character, appearance and cultural integrity of the street; excessive bulk, scale and form; an inappropriate fence; and community opposition.

An email (12.10.14) from a resident of Coolgardie Avenue objecting on the grounds of: failure to uphold the spirit and principles of the Heritage Overlay; visual amenity and streetscape issues; and inconsistency with the single dwelling aspect of the street.

An email (12.10.14) from residents of Coolgardie Avenue objecting on the grounds of dual-dwellings going against the intention of the Heritage Overlay to preserve the style and character of the street.

An email (29.9.14) on behalf of the applicants from the Planning Manager, Built Environments, in support of the application on the following grounds: amendments to the proposal and provision of additional information when requested; changes including a reduction in height in response to objectors’ concerns; and a demonstrated willingness to accommodate reasonable concerns.

An email (10.10.14) from a resident of Coolgardie Avenue objecting on the grounds that: the existing Heritage Overlay was put in place in response to a multi-occupancy development in the street to prevent such development recurring; and inconsistency with this Heritage Overlay.

An email (10.10.14) from residents of Coolgardie Avenue objecting on the grounds that the proposed development degrades the Heritage Overlay, which residents had put in place to preserve the heritage and character of the street.

An email (9.10.14) from residents of Coolgardie Avenue objecting on the grounds that: the existing Heritage Overlay was put in place in response to a multi-occupancy development in the street with the aim of preventing such developmentrecurring; the use of this previous development as a precedent; and the inconsistency of the proposed development with the objective of the Heritage Overlay.

  • An email (12.10.14) from residents of Glen Iris objecting to Item 2 - 6 Hope Street, Glen Iris, on the grounds of overdevelopment.

Cr Ullin tabled the following correspondence:

  • An email (12.10.14) from a resident of Winter Street, Malvern, complaining about noise on a Sunday from construction at a Coles building and asking Council to take action.
  • An email (10.10.14) from a resident of Finch Street, Malvern East, raising concerns about the Halloween celebrations in Finch Street which cause gridlock in the street; parking over driveways; trampling of gardens; and issues of pedestrian safety. These issues have been exacerbated by a nearby public event called Spooktober. The resident asks Council to assist with traffic control or street closure.
  • An email and letters (1.8 & 8.10.14) from residents of Nirvana Avenue, East Malvern, objecting to Planning Application 0151/14 – 72, 74 & part of 76 Serrell Street, East Malvern, giving historical background and reasons for their objection including: previous VCAT rejections in relation to developments proposed for the site; excessive density; neighbourhood character issues; potential stormwater issues; landscaping issues; parking issues; traffic impacts; and waste management issues.
  • Ten emails already tabled in relation to Item 1 – 23 Coolgardie Avenue, Malvern East.

Cr Chandler tabled the following correspondence:

  • An email (9.10.14) from the property owners of 578 Malvern Road, Prahran, with attached site permits giving details in support of their claim that they were informed by the City of Stonnington Planning Department that residential parking permits would be available for the proposed development. Council’s Parking and Transport Unit are now refusing to issue parking permits. The email asks for a resolution of this issue. Cr Chandler said that the email raised concerns in relation to permit parking policy and asked that a report come to Council.
  • A letter (October 2014) from an elderly, long-term resident of South Yarra objecting to the proposed permanent closure of the Prahran Market Car Park, specifically the removal of three disabled parking spaces on the southern side, on the grounds that this will make it impossible for disabled residents to shop at the Market. Cr Chandler asked that Council Officers consider the letter.
  • An email (8.10.14) from a resident of Washington Street, Toorak, expressing concern and asking Council to take action in relation to dim street lighting in the area, especially at the Williams Road / Washington Street corner, which is hazardous for pedestrians and cyclists.
  • An email (4.10.14) from residents objecting to the proposed development at 5 Monaro Road, Kooyong, on the grounds of overlooking into private areas and an outdoor entertaining area; and opposing any further setting back of the house.
  • An email (12.10.14) from residents of Lambert Road, Toorak, asking that Council engage strong legal representation for the VCAT hearing for 631 Orrong Road, Toorak, to thoroughly cross-examine the applicant’s detrimental design in relation to prefabricated tilt walls and the overbearing mass of black glass infill in breach of existing neighbourhood character. Cr Chandler asked that he be informed about what is proposed and how Council will proceed.

G.Questions to Council Officers from Councillors

A / Caravan Tooronga Road
Cr McMorrow noted that, over the past year or so, Councillors have received many phone calls from residents about cars parked in the street over a long period of time. He tabled an email (2.9.14) from a resident noting that a caravan with a South Australian registration has been parked on the east side of Tooronga Road for at least 18 months. Cr McMorrow asked what can be done in such instances, where such parking may be legal but created a real issue for residents.
The CEO, Warren Roberts, took the question on notice.
B / Gasgoigne Estate Halloween event
McMorrow referred to a letter tabled under Correspondence from a resident of the Gasgoigne Estate in relation to a Halloween event which was no longer a local family event as the Gasgoigne Estate has become well known as a trick and treating destination and hundreds of people attend. In addition, an event at the Gables called Spooktober is drawing more people. Cr McMorrow has spoken to the police who are happy to assist, but Council needs to do something.
The CEO, Warren Roberts, took the question on notice.
C / Glenferrie Road Coles Carpark
Cr Ullin referred to an email tabled under Correspondence from residents living next door to a Coles car park expressing concerned about noise from work being done on a Sunday which will be going on for a number of weeks. Cr Ullin asked Council Officers to look into the matter and reply to the complainant.
D / Rubbish removal Chapel Street near Kentucky Fried Chicken outlet
Cr Chandler said that, when he and Cr Koce were recently meeting with residents of Lara Street, he noticed a lot of rubbish behind the Kentucky Fried Chicken outlet. He tabled photos and asked Council Officers to see what can be done to clean up the area.

H.Tabling of Petitions and Joint Letters

Cr Ullin tabled a petition from 110 residents, predominantly of Donald Street, Prahran, seeking residents-only parking on both sides of the entire length of Donald Street for the following reasons:

  • current parking impacts by the staff of The Alfred Hospital 24/7;
  • new ownership of Hotel Maximillian which is likely to be a very busy restaurant with associated parking issues;
  • the purchase of a nearby hotel for the TV show ‘The Block’ with associated parking issues;
  • heavy parking impacts, especially on weekends, from patrons of The College Lawn Hotel; and
  • the application by a Donald Street business for opening hours from 6.30am to 6.30pm with associated traffic, parking and pedestrian safety issues for children and school students.

Procedural Motion:Moved Cr SehrSeconded Cr Klisaris
That the petition in relation to Donald Street, Prahran, be received.
Carried

I.Notices of Motion

Nil

J.Reports of Special and Other Committees

Cr Sehr reported on a Strategic Planning Advisory Committee (SPAC) Meeting held on 6 October 2014, noting that there was a lot of activity in the strategic planning area:

  • Residential Zones: Council Officers are currently investigating and dealing with dual-zone properties under the new rules.
  • Design Standards: The City of Moreland is pursuing this and the City of Stonnington has sent a letter of support. The SPAC is waiting to hear about the State Government architect’s response to the City of Moreland’s Design Standards.
  • Structure Plans: A number of these are underway at the moment and are all progressing well.
  • Strategies for Creating Open Space: These were discussed.
  • Cabrini Hospital: There was an update and discussion on the Development Plan Overlay, something which has been actively pursued by residents and Council over a number of years.
  • Forrest Hill Car Park Amendment: This was discussed.

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

  • Chapel Street Revitalisation Working Group Meeting held on 1 October 2014
  • Councillor Briefing held on 6 October 2014
  • Strategic Planning Advisory Committee Meeting held on 6 October 2014
  • Chapel Off Chapel Advisory Board Meeting held on 8 October 2014
  • Economic Development, Arts and Tourism Advisory Committee Meeting held on 13 October 2014

Cr Ullin reported on a meeting of the Economic Development, Arts and Tourism Advisory Committee Meeting held on 13 October 2014 as follows:

  • Fashion Festival 2015: The Festival was discussed, in particular its promotion.
  • Event Budget: This was examined. There is very little change.
  • Online Magazine Blog Program: This is being considered, especially in relation to the Fashion Festival.
  • Christmas Decorations for 2015: These are being considered and will come to Council in March-April 2015.
  • Other Items: A number of other items were discussed including: the Retail Forum; traders’ matters; Surrey Park; Terms of Reference; sculptures; and the Business Roundtable.

K.Reports of Delegates

Cr Ullin, as MAV delegate, reported on the following:

  • MAV State Forum – 23-24 October 2014: Cr Ullin indicated that he planned to attend.

Cr Ullin, as Glenloch Homes delegate, reported that there was no further progress on matters discussed at the previous Council meeting.

The Mayor, Cr Stubbs, congratulated a member of gallery, Mrs Phyllis McCrae, on her organisation of the Annual Seniors’ Dance over the past 15 years. He said it had been his pleasure to attend the recent Seniors’ Dance. His congratulations were followed by acclamation.

Cr Ullin noted that Andrea Coote MLC is retiring from the State Parliament at the November State Election. He noted that she has worked with the City of Stonnington and all mayors in a very supportive way. He asked that Council write a letter congratulating her on her 15 years in parliament and thanking her for her support.

Procedural Motion:Moved Cr UllinSeconded Cr Davie
That Council write a letter to Andrea Coote MLC who is retiring from the State Parliament at the November State Election, congratulating her on her 15 years in parliament and thanking her for her support.
Carried

L.General Business

Having declared an Indirect Conflict of Interest, Close Association, in relation to Item 1 – 23 Coolgardie Avenue, Malvern East, the Mayor, Cr Stubbs, in the absence of the previous Mayor, Cr Koce, asked Cr Chandler to assume his role and left the chamber at 7.21pm prior to discussion of Item 1.

1 / planning permit application 0590/13 – 23 coolgardie avenue, malvern east – partial demolition, alterations and additions and construction of a second dwelling on a lot within a neighbourhood residential zone and a heritage overlay
Motion:Moved Cr McMorrowSeconded Cr Sehr
That a Notice of Refusal to Grant a Planning Permit No: 0590/13 for the land located at 23 Coolgardie Avenue, Malvern East, be issued under the Stonnington Planning Scheme for partial demolition, alterations and additions and construction of a second dwelling on a lot within a Neighbourhood Residential Zone and a Heritage Overly subject to the following grounds:
  1. The proposed development will have a detrimental impact on the heritage streetscape and the neighbourhood character of the area and fails to comply with Clause 22.04 (Heritage Policy) and Clause 55.02-1) Neighbourhood Character Objective).
  1. The proposal will adversely impact on the amenity of its neighbours through visual bulk.
Carried

The Mayor, Cr Stubbs, returned to the chamber and resumed the Chair at 7.27pm, prior to consideration of Item 2 – 6 Hope Street, Glen Iris.