Notice Paper
Monday 26 June 2017 at 7pm
Council Chamber, Malvern Town Hall,
(enter off Glenferrie Road, Malvern)
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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.
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Council Meeting
Notice Paper
Monday 26 June 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 5 June 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 Application 0466/16- 63 Heyington Place, Toorak - construction of a multi-dwelling development in a General Residential Zone 3
2.Planning Permit 0709/14 - 279 Domain Road, South Yarra – s72 amendment to an existing planning permit to allow for alterations to the original design including changes to the setbacks of balconies along Domain Road 3
3.Planning Permit 0905/12 - Stage 4 - Chadstone Shopping Centre - 1341 Dandenong Road, Malvern East – Section 72 amendment to the planning permit and plans to allow for variations to the approved residential hotel 3
4.Amendment C234 - Neighbourhood Character - St Georges Road, Toorak...... 3
5.Amendment C255 - Heritage Protection for 221 Burke Road, Glen iris - Consideration of Submissions 3
6.Prahran High School - Tree Replacement...... 3
7.Urban Forest Strategy...... 3
8.Albion Street, South Yarra - Request for Speed Humps - Follow-up...... 3
9.Edgar Street, Glen Iris - On-Street Parking Between Kent Street and Malvern Road.....3
10.Private Car Park 1A Grange Road, Toorak Village...... 3
11.Audit Committee Chair's Report 2016 and Strategic Internal Audit Program...... 3
m)Other General Business
n)Urgent Business
o)Confidential Business
1.Proposed Property Lease...... 3
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Adoption and Confirmation of Minutes Of Previous Meetings
26 June 2017
Recommendation
That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 5 June 2017 and Minutes of the Confidential Meeting of the Stonnington City Council held on 5 June 2017 as an accurate record of the proceedings.
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General Business
26 June 2017
l)General Business
1.Planning Application 0466/16- 63 Heyington Place, Toorak - construction of a multi-dwelling development in a General Residential Zone
Manager Statutory Planning: Alexandra Kastaniotis
General Manager Planning & Amenity: Stuart Draffin
PURPOSE
For Council to consider a planning application for Construction of a multi-dwelling development in a General Residential Zone at 63 Heyington Place, Toorak.
Executive Summary
Applicant: / Urbis Pty LtdWard: / North
Zone: / General Residential Zone – Schedule 8
Overlay: / None
Neighbourhood Precinct: / Garden Estate
Date lodged: / 16 June 2016
Statutory days: (as at council meeting date) / 189
Trigger for referral to Council: / Councillor Call Up
Number of objections: / 11
Consultative Meeting: / No
Officer Recommendation: / Issue a Refusal to Grant a Planning Permit
BACKGROUND
Application History
The application was considered at a Council meeting on 22 May 2017. Council decided to defer consideration of the application in order to allow the applicant an opportunity to respond to officer concerns with the proposal. The applicant provided plans for discussion purposes on 29 May 2017. The plans include the following:
A daylight modelling memorandum prepared by Sustainability House (ESD Consultants). This has been provided to demonstrate the daylight access into Apartment G.03.
A Level 3 floor plan showing the top level front setback increased from approximately 11.076 metres to 14.336 metres from the wall, and the top level side (south) setback increased from 4.135 metres to 5.26 metres.
Sections C and D showing the building pushed up so that it is 700mm higher than the building shown on the advertised plans. This has been achieved by increasing the front setback of the top level which ensures that the maximum mandatory height limit of 13 metres is not exceeded.
The daylight modelling shows that the proposal will not meet Council’s best practice standards for Apartment G.03. A daylight factor of 1% should be achieved for at least 90% of living room (including kitchen) floor areas. The modelling submitted shows 85% of the living room will achieve the required daylight factor.
A daylight factor of 0.5% should be achieved for 90% of bedroom floor areas according to Council’s best practice standards. The submitted modelling shows that the master bedroom of Apartment G.03 does not achieve this with 58% of the floor area achieving a daylight factor of 0.5%. The daylight modelling has been reviewed by Council’s ESD officer who has confirmed that the daylight access shown is not compliant with Councils standards. In addition, the ESD officer has advised that:
The modelling submitted is insufficient in that it does not include the assumptions used to calculate the modelling.
The daylight factor scale is unclear and as a result the areas of Apartment G.03 which do not comply are not clear on the plans.
Apartment G.02 is also of concern in relation to daylight and this has not been modelled.
The discussion plans include increased setbacks at the top level. The increased setbacks of 1.15 metres from the south and 2.06 metres from the east at the top level are considered minor and do little to reduce the overall size and dominance of the building.
Council’s Urban Designer has advised that the bulk of the building will continue to be a dominant presence in the street. The additional setbacks suggested in the discussion plans are insufficient to moderate visual bulk. The building continues to crowd side boundaries and the landscape setting is inappropriate for a building of this size.
The submitted section diagrams show the building pushed up by 700mm. The applicant has advised that this change is suggested in order to raise the ground level apartments closer to natural ground level, to address concerns raised by the Planning Department with the subterranean apartments and daylight impacts to these dwellings. This change is also a response to flooding concerns raised by Council’s Infrastructure Department.
The change to the height results in two key procedural issues. Firstly, an increase in height is not something typically accepted via discussion plans and would need to be formally revised under Section 57A of the Planning and Environment Act 1987. An increase in height would also trigger the need for formal re-advertising of the application to notify surrounding properties of the potential increase in detriment. Formal revision nor advertising of this change has occurred.
Secondly, the proposal would now be subject to the mandatory controls recently introduced to the General Residential Zone. Planning Scheme Amendment VC110 (gazetted 27 March 2017) introduced new garden area and height controls to residential zones. Under these new provisions the proposal would have to comply with the maximum 3 storey height limit and the 35% garden area requirement.
Currently the application benefits from the transitional provisions at Clause 32.08-14 which outline that the minimum garden area maximum building height do not apply to a planning permit application lodged before the approval date of Amendment VC110 (27 March 2017). Accordingly, if the proposal is revised (which would be required to enable assessment of the increased height) it would lose the benefit of transitional provisions and would be prohibited due to the 4 storey height.
The submitted discussion plans do not satisfy the concerns of Council officers. Accordingly, the following assessment is based on the formal application plans being those advertised October 2016.
The Proposal
The plans that form part of the basis of Council's consideration were prepared by Architecton and are known as Drawing No.s: TP2-001, TP2-002, TP2-003, TP2-004, TP2-005, TP2-006, TP2-100, TP2-101, TP2-102, TP2-104, TP2-105, TP2-106, TP2-107, TP2-109, TP2-110, TP5-001,TP5-002, TP5-003, TP5-004, TP5-005, TP6-001, TP6-002, TP6-003, TP6-004, Shadow Diagrams known as 6.01, 6.02, 6.03, 6.04, 6.05, 6.06, 6.07, Materials Selection, all Council date stamped 6 October 2016. Landscape Plans prepared by Jack Merlo known as TP01, TP02,TP03, TP04, TP05, TP06TP07, 14 October 2016.
It is proposed to construct a 4 storey apartment building on the land. The following are the key aspects of the proposal:
A total of 13 Apartments each containing 3 bedrooms.
A total of 30 car spaces including 28 resident spaces and 2 visitor spaces provided in basement.
Vehicle access via a double width crossover and two way driveway from Heyington Place.
An overall building height of 12.949 metres.
A mixture of materials and finishes including stone tile, clear glazing, cobblestone, aluminium windows frames.
It is noted that a set of plans for discussion were provided by the applicant on 25 January 2017. These plans show potential increases to upper level and balcony setbacks, additional landscaping in planter boxes, and increase to the street setback at the north-east corner of the building. These plans did not address the concerns of Council officers and did not result in any formal amendments to the proposal and the following assessment is based on the formal application plans being those advertised in October 2016.
Site and Surrounds
The subject site is located on the western side of Heyington Place, Toorak, approximately 890 metres south of Toorak Road and approximately 74 metres south-west of the Yarra River. The site has the following significant characteristics:
The subject land is rectangular in shape with a frontage to Heyington Place of approximately 32 metres, a maximum depth of approximately 52.4 metres, and an area of approximately 1657 square metres.
The site is currently occupied by a detached double storey dwelling constructed of rendered brick, a garage and in-ground pool within the front setback and a tennis court to the rear. The site has a fall of approximately 2.4 metres from west (rear) to east (front).
The surrounding area has the following significant characteristics:
Features residential development with a mixture of detached and semi-detached dwellings. A small number of multi-unit buildings are dispersed throughout the area, these are predominantly in the form of 1960s-1970s units.
The residential nature of the wider area is broken up with the presence of St. Kevins College campuses to the north and east of the subject site and St. Catherines Girls School to the south.
Other notable features of the area include Heyington Railway Station and railway lines located approximately 83 metres to the south-east of the site the Yarra River is directly to the east and north of this railway land.
To the north of the subject site abutting approximately 50% of the boundary is a double storey brick dwelling at No. 65 Heyington Place. This dwelling includes a garage within the street setback location on the front boundary of the site.
Abutting the rear 50% of the northern boundary is a part-two, part-three storey townhouse development featuring one detached and two semi-detached dwellings. The secluded private open space of these dwellings is located adjacent to the subject site.
To the south of the site is a laneway with a vacant lot at No. 57 Heyington Place opposite. There is a current building application for construction of a double storey dwelling on this property.
Also to the south of the site is a single dwelling at No. 7 Gawith Court. This dwelling includes some north facing windows which face the adjoining laneway and subject site.
To the east of the site is No. 64 Heyington Place which is occupied by a double storey dwelling.
To the west of the site are single storey dwellings located at No. 2 and No. 3 Lawrenny Court. These dwellings include secluded private open space areas which are partially oriented toward 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 04611 Folio 047 / Lot 1 on Title Plan 595077C. No covenants or easements affect the land.
Planning Controls
The following controls/permit triggers are considerations for this application:
General Residential Zone - Clause 32.08
Pursuant to Clause 32.08-6 a permit is required to construct more than one dwelling on a lot.
Schedule 8 to the zone stipulates a maximum mandatory height limit of 12 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 must not exceed 13 metres. The applicant has provided plans to show that the site has a slope of 5 degrees, accordingly, the maximum building height limit is 13 metres. The proposed building has a height of 12.949 metres which complies.
A lift overrun may exceed the abovementioned mandatory height requirements by no more than 1.2 metres.
The schedule also includes modified ResCode standards as follows:
Standard / RequirementSite coverage / A5 and B8 / Basements should not exceed 75% of the site
area.
Landscaping / B13 / In addition to the requirements of B13, at least one
canopy tree should be planted on the site.
Side and rear
setbacks / A10 and B17 / For a distance of at least 5 metres behind the front facade of the building fronting the street, setback new buildings (including basements) a minimum of 2 metres from at least one side boundary and at least 1 metre from the other side boundary up to 3.6 metres in height.
Where no setback is specified, standard A10 or B17 applies
Walls on
boundaries / A11 and B18 / Walls should not be located on side boundaries for a distance of 5 metres behind.
Amendment VC110
It is noted that Planning Scheme Amendment VC110 was introduced on 27 March 2017. This amendment introduced new garden area and height controls to residential zones including:
A new garden area requirement which is applicable to construction or extension of a dwelling or residential buildings.
A new maximum building height requirement for residential buildings.
Within the General Residential Zone it is a requirement that a building must not be constructed for use as a dwelling or a residential building that:
exceeds the maximum building height specified in a schedule to this zone; or
contains more than the maximum number of storeys specified in a schedule to this zone.
If no maximum building height or maximum number of storeys is specified in a schedule to this zone:
the building height must not exceed 11 metres; and
the building must contain no more than 3 storeys at any point
Transitional provisions are included at Clause 32.08-14 (General Residential Zone) which outline that the minimum garden area requirement and the maximum building height and number of storeys requirements of Clause 32.09-9 introduced by Amendment VC110 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 (27 March 2017). Accordingly, these new requirements do not apply to the current application as it was lodged on 8 June 2016.
Particular Provisions
Car Parking – Clause 52.06
Pursuant to Clause 52.06-2, the car parking spaces required under Clause 52.06-5 must be provided on the land prior to the commencement of a new use.
Pursuant to Clause 52.06-5 a dwelling requires the following car parking rates:
1 parking space for each one or two bedroom dwelling.
2 parking spaces for each three or more bedroom dwelling.
1 parking space for visitors to every 5 dwellings for developments of 5 or more dwellings.
The proposed development generates a statutory requirement to provide 26 spaces for residents and 2 car spaces for visitors. The proposal provides 28 resident car spaces with each dwelling to have 2 car spaces aside from Apartments 3.01 and 3.2 which are to have 3 car spaces each. The basement car park also includes 2 visitor car spaces. Therefore, a permit is not required in relation to car parking.
Bicycle Parking - Clause 52.34
Pursuant to Clause 52.34-1, a new use must not commence or the floor area of an existing use must not be increased until the required bicycle facilities and associated signage has been provided on the land.
Pursuant to Clause 52.34-3 a dwelling requires the following rates:
In developments of four or more storeys, 1 to each 5 dwellings for residents.
In developments of four or more storeys, 1 to each 10 dwellings for visitors.
The proposal requires 3 bicycle spaces and provides 10 bicycle spaces in the basement.
Two or More Dwellings on a Lot and Residential Building - Clause 55
An application for two or more dwellings on a lot must meet the objectives of Clause 55.
Aboriginal Cultural Heritage – Clause 15.03
It is noted that the subject site is located within 200 metres of the Yarra River and is therefore within an area of cultural heritage sensitivity. Section 46 of the Aboriginal Heritage Act 2006 stipulates that a cultural heritage management plan (CHMP) is required under for a proposed activity if the regulations require the preparation of the plan.
Regulation 6 of the Aboriginal Heritage Regulations 2007 states that a cultural heritage management plan is required for an activity if all or part of the activity area is an area of cultural heritage sensitivity; and all or part of the activity is a high impact activity. Regulation 45 of the Aboriginal Heritage Regulations 2007 states that the construction of three or more dwellings on a lot is a high impact activity. It is noted that the proposal is not exempt under Regulation 8A as the subject site is greater than 1100 square metres (1657 square metres).
The applicant has received certification of a preliminary aboriginal heritage test from Aboriginal Affairs Victoria. Accordingly, Council is satisfied that a cultural heritage management plan is not required.
Relevant Planning Policies
Clause 15.01 / Urban EnvironmentClause 15.02 / Sustainable Development
Clause 15.03 / Aboriginal cultural heritage
Clause 16.01 / Residential Development
Clause 21.03 / Vision
Clause 21.05 / Housing
Clause 21.06 / Built Environment and Heritage
Clause 22.18 / Stormwater Management
Clause 22.23 / Neighbourhood Character Policy
Clause 32.08 / General Residential Zone
Clause 52.06 / Car parking
Clause 55 / Two or more dwellings on a lot and residential buildings
Clause 65 / Decision Guidelines
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