Council Minutes

Monday 22 February 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
22 February 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 8 February 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 543/15- 1009 - 1011 Dandenong Road, Malvern East - Construction of a multi-dwelling development in a Residential Growth Zone and reduction in the car parking requirement 6

2.Planning Application 475/14 - 41 & 45 Donald Street, Prahran - Construction of a multi-dwelling development in a Neighbourhood Residential Zone and Special Building Overlay 10

3.Planning Application 571/15 - 739 - 739A High Street, Armadale - Construction of a mixed use development containing food and drink premise and dwellings (as of right uses) in a Mixed Use Zone plus associated reduction in the car parking requirement, waiver of the loading and unloading requirement and removal of easements. 13

4.Planning Application 378/14 - 1528 - 1530 Malvern Road, Glen Iris - Construction of a multi dwelling development in a Residential Growth Zone and reduction in the car parking requirements and alteration of access to a Road Zone, Category 1 16

5.Prahran Housing Estate Precinct: Prahran Housing Precinct Development Plan 21

6.Amendment C217 - Neighbourhood Character Overlays - Edwardian & Interwar and Californian Bungalows, Malvern East and Glen Iris 22

7.Proposed Remediation of Caroline Gardens...... 22

8.Gardiner Park Synthetic Sportsground Draft Concept...... 22

9.Risk Management and Occupational Health & Safety Report for Period 1 July to 31 December 2015 23

10.Instrument of Delegation from Council to Organisational Roles (s6).23

11.Financial Report Period July 2015 to December 2015...... 23

12.Toorak Road, Toorak - Proposed trial turn restrictions...... 23

M.Other General Business

N.Urgent Business

O.Confidential Business

Page 1

Council Minutes

Monday 22 February 2016

Present:crclaude ullin, mayor

:cr tini athanasopoulos

:cr jim athanasopoulos

:crjohn chandler

:crerin davie

:crjohn mcmorrow

:cr melina sehr

Council OfficersPresent

:warren roberts, ceo

:geoff cockram

:simon thomas

:karen watson

:stuart draffin

:fabienne thewlis

:augarette malki

Page 1

Item 5 Attachment 1 PA - Prahran Housing Estate Precinct - Attachment 1 of 4

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 7.00pm.

The Mayor, Cr Ullin, introduced Councillors and the CEO, Warren Roberts. The CEO introduced Council Officers.

B.Apologies

The Mayor, Cr Ullin, noted that Crs Koce and Klisaris were absent from tonight’s Council Meeting. Cr Koce was granted leave of absence at the previous Council Meeting.

Procedural Motion:Moved Cr Melina SehrSeconded Cr Tini Athanasopoulos
That the apology received from Cr Klisaris be accepted and she be granted leave of absence for the Council Meeting of the Stonnington City Council held on 22 February 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 - 8 February 2016
Motion:Moved Cr Tini AthanasopoulosSeconded Cr Jim Athanasopoulos
That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 8 February 2016 and the Confidential Minutes of the Council Meeting of the Stonnington City Council held on 8 February 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

Cr Davie declared an Indirect Conflict of Interest, Close Association in relation to: Item 6 - Amendment C217 - Neighbourhood Character Overlays - Edwardian & Interwar and Californian Bungalows, Malvern East and Glen Iris; and Item 12 – Toorak Road, Toorak - Proposed trial turn restrictions, as she has family living in the immediate area of those applications who may be impacted.

E.Questions to Council from Members of the Public

The Mayor Cr Ullin, 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 McMorrow tabled the following correspondence:

  • Identical emails (21 & 22.2.16) from five residents of Emo Road in relation to Item 1 – 1009-1011 Dandenong Road, Malvern East, giving a history of VCAT rulings and restating objections on the grounds of: overdevelopment; visual bulk; heritage issues; unreasonable car parking and traffic impacts; and transition to existing built form. The emails ask that Council refuse the application.
  • Correspondence in relation to Item 4 – 1528-1530 Malvern Road, Glen Iris:

An email (22.2.16) from two residents of Scott Grove, Glen Iris, objecting on the grounds of: gross overdevelopment; excessive size and bulk; severe impacts on residential amenity; overshadowing; and neighbourhood character issues.

An email (22.2.16) from a resident of Malvern Road, Glen Iris, strongly objecting on the grounds of: overdevelopment of the site; excessive height; inadequate setbacks; overshadowing; severe residential amenity impacts; inconsistency with developments in the area; excessive fence height; and possible tree damage.

  • Correspondence in relation to Item 2 - 41 & 45 Donald Street, Prahran:

Emails (22.1, 19 & 22.2.16) from a resident of Athol Street, Prahran, objecting in relation to failure to comply with the requirements of the Neighbourhood Residential Zone or the Stonnington Planning Amendment C175, and giving evidence of this failure.

An email (21.2.16) from residents of Donald Street, Prahran, objecting on the grounds of: the demolition of two intact Victorian houses; and failure to comply with Neighbourhood Character Guidelines.

An email (21.2.16) from a resident of Athol Street, Prahran, objecting on the grounds of: serious deficiencies in compliance with the Stonnington Planning Scheme C175 Design Guidelines.

Cr Chandler tabled the following correspondence:

  • Emails (11.12.15 & 11.2.16) from a resident of Shipley Street, South Yarra, thanking Council for its unanimous agreement to support the lifting of the PAO on Punt Road and giving reasons why this should occur.
  • An email (22.2.16) from a resident of Howitt Street, South Yarra, asking Council to remove weeds from the bluestone laneway which is an extension of Joy Street, running west from Hobson Street. Cr Chandler asked Council Officers to attend to this matter.
  • A letter from a resident of Emo Road objecting to Item 1 – 1009-1011 Dandenong Road, Malvern East, giving a history of VCAT rulings and restating objections on the grounds of: overdevelopment; visual bulk; heritage issues; unreasonable car parking and traffic impacts; and transition to existing built form.

Cr Ullin tabled the following correspondence:

  • Six emails already tabled in relation to Item 1 – 1009-1011 Dandenong Road, Malvern East.
  • Correspondence in relation to Item 2 - 41 & 45 Donald Street, Prahran:

Four emails already tabled in relation to Item 2.

An email (22.2.16) from a resident of Donald Street objecting on the grounds of: failure to comply with the Stonnington Planning Amendment C175; lack of response to overall neighbourhood character; inconsistent sighting patterns for Units 1 and 2; and lack of architectural merit.

An email (15.2.16) objecting on the grounds of: failure to comply with the requirements of the Neighbourhood Residential Zone or the Stonnington Planning Amendment C175; and the setting of an unacceptable precedent for future developments.

An email (14.2.16) from a resident of Donald Street objecting on the grounds of: failure to comply with the requirements of the Neighbourhood Residential Zone or the Stonnington Planning Amendment C175; and concerted community opposition.

An email (10.2.16) from residents of Donald Street objecting on the grounds of the demolition of two significant Victorian houses. The email gives historical detail.

Two emails (15 & 22.2.16) objecting on the grounds of: failure to comply with the requirements of the Neighbourhood Residential Zone or the Stonnington Planning Amendment C175; lack of assessment of the application prior to advertising; and neighbourhood character and heritage issues.

An email (22.2.16) with an attached objection from a resident of Alfred Street, Prahran, objecting on the grounds of neighbourhood character issues relating to the location of car garages and driveways.

  • Two emails already tabled in relation to Item 4 – 1528-1530 Malvern Road, Glen Iris.
  • An email (17.2.16) from the applicant for Item 3 - 739-739A High Street, Armadale, in support of the application on grounds including: the support of Council Officers for design elements; minimisation of off-site amenity impacts; careful design; compliance with State and City of Stonnington policies; access to public transport; and generous internal space.
  • Three emails (18 & 19.2.16) from three residents of Embling Road, Malvern, with an attached letter in relation to 1134 Malvern Road, Malvern, objecting to the proposed development on grounds including: excessive building height; neighbourhood character issues; inaccuracies in the application; excessive bulk; streetscape issues; lack of notification of residents; and excessive vehicle movements and under-provision of car parking.
  • Correspondence in relation to a proposed development at 72 River Street, South Yarra:

An email (16.2.16) from residents of Tivoli Road, South Yarra, objecting on the grounds of: Council’s handling of a VCAT hearing; extreme residential amenity issues; and failure to comply with Council’s planning policies.

Two emails (15 & 16.2.16) from a resident of Tivoli Road, South Yarra, objecting on the grounds of: issues with Council’s handling of the application; actions of the applicant; overdevelopment; and issues with Council’s response to objectors.

Four emails (3, 9, 14 & 17.2.16) objecting on grounds including: lack of compliance with Chapel ReVision height restrictions; streetscape issues; and issues with the compulsory conference process.

G.Questions to Council Officers from Councillors

Nil

H.Tabling of Petitions and Joint Letters

Cr Ullin tabled a petition signed by 34 residents of Earl Street, Windsor, and 10 accompanying letters, all from residents of Earl Street, Windsor, noting the existing two hour parking restrictions on the south side of Earl Street, and asking that this be changed to permit parking 24 hours a day, seven days a week, while maintaining the current 24 hour, seven days a week parking restrictions on the northern side of Earl Street.

Procedural Motion:Moved Cr John McMorrowSeconded Cr Erin Davie
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:

  • Steering Committee for the Feasibility Study for the future use of the Prahran Town Hall and Northbrook meeting held on 8 February 2016
  • Strategic Planning Workshop held on 15 February 2016
  • Councillor Briefing meeting held on 15 February 2016
  • Chapel Off Chapel Advisory Board meeting held on 17 February 2016

Cr Davie as Council’s representative on the Metropolitan Waste Forum reported on a meeting held on 11 February 2016:

  • Sustainability Victoria: An interesting presentation was given by Sustainability Victoria in relation to a Food Audit Program conducted a couple of years ago. The audit found that, on average, 25% of food waste was avoidable and that households were throwing out $2,200 worth of food a year. Cr Davie said it will be interesting to see how education in relation to producing less food waste and wasting less money rolls out.

Cr Sehr, Chair of the Strategic Planning Advisory Committee, reported on a meeting held on 15 February 2016:

  • Heritage: Interim controls are sought to protect various dwellings with demolition requests. Most present thought that a height of 3-4 storeys was more than enough in Activity Centres. The upcoming consultation on inter-war houses was discussed.
  • Residential Zones Review: An update on this process is coming to the next Councillor Briefing. The State Government is considering the current Residential Zones.
  • Planning Scheme Review: The key recommendations of the Planning Scheme Review will come to a Council Meeting in March.
  • Yarra River Controls: A Yarra River body is being set up with representatives from all stakeholders. Council is heavily involved.
  • Neighbourhood Character: The C217 Malvern East and Glen Iris has been supported by the Panel with minor changes.
  • Strategies for Creating Open Space: The police are supporting the public open space recommendations.
  • Dandenong Road: There was further discussion about C217 in relation to the removal of single dwelling covenants in Dandenong Road.
  • Horace Petty Estate: The sale of land between buildings at the public housing estate for private development was discussed.
  • Air Rights Development at Windsor Station: An update was provided. If media reports are correct, it appears that land to the east of the station has been sold to a private developer.
  • Minutes: Cr Sehr tabled the Minutes for circulation to Councillors.

K.Reports of Delegates

Cr Ullin as Council representative on the Prahran Mechanics Institute Board reported:

  • New Premises: The Institute has settled in to the new premises.
  • Finances: Financially the Institute is very stable.

Cr Ullin as Council representative on the Chapel Off Chapel Advisory Committee reported:

  • Renovations: The renovations are completed and the new dressing rooms are terrific. Cr Ullin invited Councillors to tour the new premises which have had great reviews.
  • Bookings:Going well, although income slightly down due to the time out for renovations.

L.General Business

1 / Planning Application 543/15- 1009 - 1011 Dandenong Road, Malvern East - Construction of a multi-dwelling development in a Residential Growth Zone and reduction in the car parking requirement
Motion:Moved Cr John McMorrowSeconded Cr Jim Athanasopoulos
That a Notice of Decision to Grant a Planning Permit No: 543/15 for the land located at 1009-1011 Dandenong Road, Malvern East be issued under the Stonnington Planning Scheme for construction of a multi-dwelling development in a Residential Growth Zone and reduction in the car parking requirement subject to the following conditions:
  1. Before the commencement of the development, two (2) 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 plans prepared by Architects EAT (Drawing No.s: SK00 – SK41) Council date stamped 25 September 2015 but modified to show:
a)The deletion of the communal open space located at Level 3 and conversion of this space to non-trafficable roof area.
b)Clear glazing with a minimum visual light transmittance (VLT) of 71% for the living room windows of apartments 1.3, 2.3 & 3.3.
c)Removal of the architectural elements from the living room glazing for apartments 1.3, 2.3 & 3.3.
d)Notation to confirm double glazing where applicable;
e)Extending the kitchen of apartment 3.3 closer to the window.
f)A stormwater detention system or retention system in accordance with Condition 8.
g)Pedestrian sight triangles in accordance with Clause 52.06 of the Stonnington Planning Scheme.
h)Dimensions of the setbacks of the columns from the vehicle access aisles within the basement.
i)Dimensions of bicycle parking at the ground floor level in accordance with the Clause 52.34 of the Stonnington Planning Scheme or proprietary product specifications.
j)The area of roof from which water will be harvested into the rainwater tank;
k)A revised landscape plan in accordance with Condition 3;
l)Any changes required by the revised Sustainable Management Plan in accordance with Condition 5;
m)A Waste Management Plan in accordance with Condition 7;
All to the satisfaction of the Responsible Authority.
  1. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason (unless the Stonnington Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority.
  1. Before the development starts, a landscape plan to be prepared by a landscape architect or suitably qualified or experienced landscape designer, must be submitted to and approved by the Responsible Authority. When approved, the landscape plan will be endorsed and will then form part of the permit. The landscape plan must be drawn to scale with dimensions and three copies must be provided. The landscape plan must be in accordance with the landscape concept plans prepared by Jack Merlo Design, Drawing No.s: TP01 – TP04 Council date stamped 26 June 2015 but modified to show:
a)A survey (including botanical names) of all existing vegetation to be retained and/or removed.
b)The extent of any cut, fill, embankments or retaining walls associated with the landscape treatment of the site.
c)Details of all proposed hard surface materials including pathways, driveways, patio or decked areas.
d)Replacing the three proposed Lagerstroemia indica ‘Lipan’ (Compact Crepe Myrtle) within the east setback with at least three Lagerstroemia indica ‘Natchez’ (White Crepe Myrtle). The canopy trees must have a minimum height of 2.5 metres tall when planted to the satisfaction of the Responsible Authority.
e)The Acmena smithii (Lilly Pilly), the Elaeocarpus eumundi (Smooth Leaved Quandong), and the Pyrus calleryana ‘Chanticleer’ (Ornamental Pear) along the north boundary must have a minimum height of 2.5 metres tall when planted to the satisfaction of the Responsible Authority.
  1. Before the occupation of the development, the landscaping works as shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority. Landscaping must then be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.
  1. Concurrent with the endorsement of any plans a Sustainable Management Plan (SMP) must be submitted to and approved by the Responsible Authority. Upon approval the SMP will be endorsed as part of the planning permit and the development must incorporate the sustainable design initiatives outlined in the SMP to the satisfaction of the Responsible Authority. Amendments to the SMP must be incorporated into plan changes required under Condition 1. The plan must be generally in accordance with the Sustainability Management Plan prepared by Ark Resources Results (Council date stamped 26 June 2015) but modified to show:
  1. Fixed external shading to all north facing glazing and operable shading to the east and west facing glazing.
  2. Detail of maintenance procedures for the proposed rainwater tank in order to ensure that the storm water management will continue to operate well during the building’s lifetime.
  3. Commitments to the environmentally sustainable properties of materials to be used in the proposed development.
  4. Commitment to a maximum flow rate of 6 litres per minute for showers.
  5. Detail of a general waste selection option that includes either:
  1. A single waste chute with hatches on each floor that have a recycling or general waste selection option that diverts the waste to the appropriate bin; or
  2. A dual waste chute system.
All works must be undertaken in accordance with the endorsed Sustainability Management Plan to the satisfaction of the Responsible Authority. No alterations to the Sustainable Management Plan may occur without written consent of the Responsible Authority.