MINUTES OF THE Urban Planning Committee Meeting

HELD AT THECouncil Chamber, Moreland Civic Centre, 90Bell Street, Coburg

ONWednesday 26 July 2017

The meeting commenced at 6.30 pm and closed at 8.18 pm.

Present: / Time in / Time out
Cr Samantha Ratnam (Chair) / 6.30 pm / 8.18 pm
Cr Natalie Abboud / 6.30 pm / 7.08 pm
Cr Sue Bolton / 6.30 pm / 8.18 pm
Cr Annalivia Carli Hannan / 6.30 pm / 8.18 pm
Cr Helen Davidson / 6.30 pm / 8.18 pm
Cr Ali Irfanli / 6.30 pm / 8.18 pm
Cr John Kavanagh / 6.30 pm / 8.18 pm
Cr Dale Martin / 6.30 pm / 8.18 pm
Cr Mark Riley / 6.31 pm / 8.18 pm
Cr LambrosTapinos

APOLOGIES:

Leave of absence has been granted to Cr Tapinos - 19 June 2017 to 3 August 2017 inclusive

OFFICERS:

Acting Group Manager City Development – Narelle Jennings

Planning Co-ordinator – Robert Shatford

Principal Urban Planner – Vita Galante

Principal Urban Planner - Andy Wilson

Unit Manager Governance – Sally Curran

Governance Officer – Saskia Hunter

CONFIRMATION OF MINUTES:

Cr Kavanagh moved, Cr Riley seconded that the minutes of the Urban Planning Committee Meeting held on 28 June 2017 be confirmed.
Carried

INTERESTSAND/ORCONFLICTOFINTERESTS:

Cr Riley declared a conflict of interest in report DED64/17269 Stewart Street, Brunswick East - Planning Permit Application MPS/2016/734 (D17/227099) by indirect interest by conflicting duty. Cr Riley is a CERES board member.

Cr Ratnam declared a conflict of interest in report DED64/17269 Stewart Street, Brunswick East - Planning Permit Application MPS/2016/734 (D17/227099) by indirect interest.Cr Ratnam’s residential amenity will be directly affected by this development.

Cr Abboud declared a conflict of interest in reports DED65/17 Building 16 and B Division - Pentridge, Coburg - Lot S4 and S6 Champ Street, Coburg - Planning Application MPS/2016/876 and DED66/17 Building 9 and A Division - Pentridge Coburg - Lot S4 and S6 Champ Street, Coburg - Planning Application MPS/2016/896 by indirect interest by close association.A business involved in the Pentridge development is in a contract with Cr Abboud’s husband.

COMMITTEE REPORTS:

DCS39/17Proposed Land Swap with Darul Ulum College of Victoria - Evans Reserve, Fawkner (D17/226619)
The Darul Ulum College of Victoria (the College) owns land abutting both sides of Council’s Evans Reserve (the Reserve).
A land swap proposal has been endorsed by Council for part of Council’s Evans Reserve at 20Victory Street with the College sites at 21 and 23 Marjory and 16 and 18 Victory Streets, Fawkner.
At the May 2017 Council meeting (DCS26/17), Council resolved that procedures be commenced for the sale of land pursuant to the provisions of section 189 of the Local Government Act 1989.
As part of the statutory procedures, public notice of the proposal was given and one submission has been received.
Council is now in a position to consider and hear the submission made as a result of the statutory process.
Officer recommendation:
1.To note that public notice was given in the Moreland Leader newspaper in the week commencing Monday 29 May 2017 and also on Council's website regarding Council's intention to sell part of its land at 20 Victory Street, Fawkner.
2.To note that the giving of public notice is pursuant to sections 189 and 223 of the Local Government Act 1989 and in accordance with Council resolution on 10 May 2017 (DCS26/17).
3.To receive the submission made in response to the advertised proposed sale of the land at 20 Victory Street, Fawkner.
4.That a report be prepared for Council's consideration regarding its intention whether or not to sell the land which includes details of the submission.
5.To notify the person who made a submission in writing once a decision has been made by Council.
Resolution:
Cr Kavanagh moved, Cr Riley seconded that -
The Urban Planning Committee resolve:
1.To note that public notice was given in the Moreland Leader newspaper in the week commencing Monday 29 May 2017 and also on Council's website regarding Council's intention to sell part of its land at 20 Victory Street, Fawkner.
2.To note that the giving of public notice is pursuant to sections 189 and 223 of the Local Government Act 1989 and in accordance with Council resolution on 10 May 2017 (DCS26/17).
3.To receive the submission made in response to the advertised proposed sale of the land at 20 Victory Street, Fawkner.
4.That a report be prepared for Council's consideration regarding its intention whether or not to sell the land which includes details of the submission.
5.To notify the person who made a submission in writing once a decision has been made by Council.
Carried
Appointment of Temporary Chairperson
Cr Irfanli moved, Cr Kavanagh seconded that Cr Davidson be appointed as temporary Chairperson.
Carried
Cr Davidson assumed the Chair.

6.36 pmCr Ratnam and Cr Riley left the Council Chamber.

6.36 pmCr Irfanli left the Council Chamber.

6.37 pmCr Irfanli returned to the Council Chamber.

DED64/17269 Stewart Street, Brunswick East - Planning Permit Application MPS/2016/734 (D17/227099)
This report considers an application currently before the Victorian Civil and Administrative Tribunal (VCAT) for the construction of a 6 storey building with a seventh storey roof deck, containing four commercial tenancies, 90 dwellings and two levels of basement car parking.The application also seeks the removal of vegetation; reduction of car parking associated with the commercial tenancies and waiver of the loading bay requirement.
This report details the assessment of ‘without prejudice’ amended plans circulated at a VCAT compulsory conference that make changes to the original proposal that was refused under delegation on 17 March 2017.
The application was advertised and 59objections were received. There are 6 objector parties to the VCAT proceedings.
A mediated agreement was supportedin principal by all the parties in attendance at a VCAT compulsory conference held on 26 June 2017. The ‘without prejudice’ plans and the conditions contained within the recommendation were agreed to at a further compulsory conference held on 4 July 2017. Settlement of the matter is now subject to the approval of the Urban Planning Committee.
The ‘without prejudice’ plans reduce the number of dwellings by 19, increase space for landscaping, increase setbacks from all boundaries and provide commercial uses to the Stewart Street frontage.
The mediated proposal now strikes an acceptable balance between providing an increase in residential density on a large and currently underutilised piece of land while having regard to the existing character of the area, limiting off-site amenity impacts and providing an acceptable level of internal amenity.
Subject to the conditions contained within the recommendation, itis recommended that Council’s submission to VCAT be one of consent to the agreement reached.
Officer recommendation:
Part A:
That on the basis that all other parties to the appeal give consent, Council’s submission to the Victorian Civil and Administrative Tribunal be that planning permit no. MPS/2016/734 be issued for the development of a building for apartments and commercial/offices over basement car parking; use of the land for dwellings; a reduction in parking for the commercial/office use; waiver of loading bay requirement and removal of vegetation at 269 Stewart Street, Brunswick East, subject to the following conditions:
Amended plans
1.Before the development commences, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans prepared by Clarke Hopkins Clarke referenced as TP04-TP19, TP27 and TP28 Revision E, dated 3 July 2017, but modified to show:
a)The balustrade and planter box to the north facing communal roof terrace at the fourth floor setback an additional 1 metre from the north boundary (minimum of 13.85 metres in the north west corner). The slab edge is to be retained at a northern boundary setback of 12.85 metres in the north west corner (plan reference TP11e).
b)The balconies of apartments UG.03, UG.04, UG.05, 1.16, 1.17 and 1.18 setback a minimum of 6 metres from the northern boundary, with the balconies to retain a minimum of 8 square metres. The planter boxes may be deleted (plan reference TP07e and TP08e).
c)The area between the basement and the eastern title boundary of the land, for a distance of not less than 43 metres from the southern boundary, shown hatched and set aside for either landscaping or as a public bicycle and pedestrian path.
d)The balcony of apartment UG06 and 1.19 to be setback a minimum of 6.5 metres from the northern boundary, with the balconies to retain a minimum 8 square metres. The planter box may be deleted (plan reference TP07e and TP08e).
e)The north facing balconies of 2.16, 2.17 and 2.18 to be altered to allow the balconies to apartments 1.16, 1.17, 1.18 and 1.19 to be at least 50% clear to the sky (Plan reference TP08e and TP09e).
f)Apartment 1.02, 1.03, 202, 2.03 and the balcony of 3.01 and 3.02 to be setback a minimum of 3 metres from the eastern boundary (plan reference TP08e to TP10e).
g)The eastern boundary setback of apartment 4.01 to be reduced to 16 metres to the building line and 13.6 metres to the balcony (plan reference TP11 e).
h)Basement levels 1B and 2B to be setback a minimum of 3 metres from the eastern boundary. The storage is to be relocated to avoid a loss of storage space for apartments (plan reference TP04e and TP05e).
i)The 1.8 metre high fence located on the eastern edge of the communal gardens annotated as being 50% transparent.
j)The four ground floor tenancies annotated as ‘retail/office tenancy’.
k)The services located adjacent to tenancy 02 setback at least one metre from the south property boundary.
l)The finished ground level to the south of tenancy 01, tenancy 02 and the residential entry annotated as being constructed to the same finished ground level as the footpath.
m)Extend the glazing on the façade of tenancy 01 by an additional 2 metres to the west and 4 metres to the east, wrapping around the corner of the façade.
n)The terraces of G.02 (the northern half), G.03, G.04, G.05 and G.06 setback 3.4 metres from the west boundary, with the setback area nominated as landscaping.
o)50% of dwellings modified and dimensioned to comply with Standard D17 from Clause 58.05 of the Moreland Planning Scheme.
p)The east facing balustrades to the balconies of dwellings UG.05, UG.06, UG.07, 1.18, 1.19 and 1.20 dimensioned as being no more than 1.2 metres in height.
q)The west facing balustrades to the balconies of dwellings UG.03 and 1.16 annotated as being screened to 1.7 metres above finished floor level.
r)The balconies of dwellings 1.09, 1.12, 1.13, 1.14, 1.15, 2.09, 3.06, 3.08, 3.09 and 3.10 modified as required to limit direct views within 9 metres of any habitable room windows, balconies or secluded open space of existing dwellings, while still allowing an outlook. The extent of overlooking from each balcony must be demonstrated on the plans and/or sectional diagrams.
s)The slopes of the car basement ramps modified to comply with Clause 52.06 of the Moreland Planning Scheme, with changes of grade of more than 1 in 8 for a summit grade change or more than 1 in 6.7 for a sag grade change to be provided with a transition of at least 2 metres to prevent vehicles scraping.
t)The proposed vehicle crossing with 1 metre straight splays on both sides commencing at the property boundary and finishing at the kerb in accordance with Council’s Standard Vehicle Crossing design.
u)The location of any substation required by the power company for this development. Any substation must be incorporated within the building (i.e. not free standing or pole mounted in the street) and located and designed to ensure minimal impact on the visual amenity of the public realm.
v)Any modifications that may be required to align with the amended Sustainable Management Plan required by condition 3.
w)Any modifications that may be required to align with the amended Waste Management Plan required by condition 5.
x)Any modifications that may be required to address noise impacts, as identified in the Acoustic Report required by condition 7.
y)The screen diagrams on TP17 modified to include:
i.All dimensions, including the width of slats and the gap between slats; and
ii.Details of how compliance is achieved with the standard of Clause 55.04-6 (overlooking) of the Moreland Planning Scheme.
z)A schedule of all proposed exterior decorations, materials, finishes and colours, including colour samples (3 copies in a form that can be endorsed and filed).
aa)Deletion of any landscaping from elevations, to improve clarity.
bb)The northern boundary fence adjacent to 41, 49 and 51 Kingfisher Gardens to be a 1.95 metre high timber paling fence, with additional 450mm of trellis.
Secondary consent
2.The use and development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority. This does not apply to any exemption specified in clauses 62.01, 62.02-1 and 62.02-2 of the Moreland Planning Scheme unless specifically noted as a permit condition.
Environmentally Sustainable Development
3.Prior to the endorsement of plans, the Sustainability Management Plan prepared by ‘Nick Bishop ESD’ and dated 26/09/2016 must be amended by a suitably qualified environmental engineer or equivalent to the satisfaction of the Responsible Authority to include the following:
a)Modifications to align with the amended plans prepared by Clarke Hopkins Clarke referenced as TP04-TP19, TP27 and TP28, Revision E, dated 3 July 2017 and any further amendments contained within Condition 1 of this permit, without reducing any ESD initiatives and commitments.
b)The glazing calculator for the retail/commercial premises at Appendix 2 modified to reflect a 10% improvement in minimum glazing performance (as demonstrated by a maximum 90% of element allowance for each facade).
4.Where alternative ESD initiatives are proposed to those specified in this condition, the Responsible Authority may vary the requirements of this condition at its discretion, subject to the development achieving equivalent (or greater) ESD outcomes in association with the development.
When submitted and approved to the satisfaction of the Responsible Authority, the amended Sustainability Management Plan and associated notated plans will be endorsed to form part of this permit.
All works must be undertaken in accordance with the endorsed Sustainability Management Plan (SMP) to the satisfaction of the Responsible Authority. No alterations to the SMP may occur without the prior written consent of the Responsible Authority.
Prior to the commencement of occupation or issue of a Statement of Compliance, whichever comes first, of any dwelling approved under this permit, a report from the author of the Sustainability Management Plan (SMP) approved pursuant to this permit, or similarly qualified person or company, must be submitted to the Responsible Authority. The report must be to the satisfaction of the Responsible Authority and must confirm that all measures specified in the SMP have been implemented in accordance with the approved plan. The report must include the final NatHERS certificates for the dwellings issued for building permit.
Waste management
5.Prior to the endorsement of plans, the Waste Management Plan prepared by Ratio dated 19 September 2016 must be amended to include:
a)Modifications to align with the amended plans prepared by Clarke Hopkins Clarke referenced as TP04-TP19, TP27 and TP28, Revision E, dated 3 July 2017 and any further amendments contained within Condition 1 of this permit, including details of how the waste associated with the retail/office tenancies will be managed.
b)A requirement that a notice be placed at the waste chute at every level explaining how to use the diverter system and how to dispose of hard-rubbish, chemicals and other non-standard waste materials to the satisfaction of the Responsible Authority. When submitted and approved to the satisfaction of the Responsible Authority, the waste management plan and associated notated plans will be endorsed to form part of this permit.
6.The waste management plan approved under this permit must be implemented and complied with at all times to the satisfaction of the Responsible Authority unless with the further written approval of the Responsible Authority.
Noise attenuation
7.Prior to the endorsement of plans, an acoustic report prepared by a qualified Acoustic Engineer must be submitted and approved to the satisfaction of the Responsible Authority. The report must include recommendations of acoustic attenuation measures to ensure that noise and vibrations generated from the car park roller door will not unreasonably impact the immediate adjoining residential properties.
When submitted and approved to the satisfaction of the Responsible Authority, the acoustic report will be endorsed to form part of this permit.
8.The building must be constructed and maintained in accordance with the recommendations contained within the approved acoustic report to the satisfaction of the Responsible Authority. The acoustic report endorsed under this permit must be implemented and complied with at all times to the satisfaction of the Responsible Authority unless with the further written approval of the Responsible Authority.
Landscaping
9.Prior to the endorsement of plans, the landscape plan prepared by John Patrick dated June 2017 must be modified to show:
a)Modifications to align with the plans for endorsement, in accordance with Condition 1 of this permit.
b)Provision of larger canopy trees along the northern boundary of the site, with the species selected according to the space available.
c)Landscaping located to the west of the vehicle access point to be no greater than 900 mm in height at maturity.
d)Details of landscaping to any balcony planter boxes, including details of soil depths and irrigation.
e)Details of irrigation and maintenance, including automated irrigation in communal areas.
f)The part of the land described in condition 1 (c) to be hatched and set aside for either landscaping or a public bicycle and pedestrian path.
Once submitted to and approved by the Responsible Authority, the landscape plan will be endorsed to form part of the permit. The endorsed landscape plan must not be modified without the written consent of the Responsible Authority.
10.Prior to the issuing of a Statement of Compliance or occupation of the development, whichever occurs first, all landscaping works must be completed and maintained in accordance with the approved and endorsed landscape drawing to the satisfaction of the Responsible Authority.
11.Prior to development commencing (including any demolition, excavations, tree removal, delivery of building/construction materials and/or temporary buildings), the trees marked on the endorsed plans as being retained must have a Tree Protection Zone (TPZ) to the satisfaction of the Responsible Authority. The fencing associated with this TPZ must meet the following requirements:
a)The tree protection fencing (TPF) is to be provided to the extent of the TPZ, calculated as being a radius of 12 x diameter at breast height (DBH – measured at 1.4 metres above ground level as defined by the Australian Standard AS 4970.2009)
b)If works are shown on any endorsed plan of this permit within the confines of the calculated TPZ, then the TPF must be taken in to only the minimum amount necessary to allow the works to be completed.