Council Minutes

Monday 8 February 2016


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
8 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 14 December 2015...... 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 0574/15 – 14 - 18 Porter Street, Prahran – Construction of a part six and part eight storey mixed use building and reduction in the provision of car parking 6

2.Planning Application 0385/15 - 1795 Malvern Road, Glen Iris – Construction of a multi-dwelling development in a General Residential Zone and alterations to a Road in a Road Zone, Category 1. 10

3.Planning Application No. 0709/14 - 279 Domain Road, South Yarra – Construction of a five storey apartment building 15

4.Planning Application 0543/15- 1009 - 1011 Dandenong Road, Malvern East - Construction of a multi-dwelling development in a Residential Growth Zone and reduction in the car parking requirement 18

5.Planning Application 0780/15 - 20 Beatty Avenue, Armadale - Partial demolition, buildings and works including advertising signage; café and restaurant liquor licence associated with the use of the land as a restaurant (as of right use) in a Commercial 1 Zone and Heritage Overlay, a reduction in the car parking and loading and unloading requirements. 23

6.Planning Application 0807/15 - 64 Commercial Road, Prahran - General liquor licence and buildings and works in association with use of the land as a hotel (wine bar) in a Residential Growth Zone and reduction in the requirements of car parking, bicycle facilities and loading/unloading bay 26

7.Planning Application 0557/15 - 21-23 Waverley Road, Malvern East - Development of the land for a restaurant (as of right use) and a caretaker’s house (as of right use) in a Commercial 1 Zone and Design and Development Overlay and associated restaurant and café liquor licence, reduction of the car parking requirements, and waiver of the loading and unloading bay requirements 29

8.Planning Application 0241/15- 865 - 871 Dandenong Road, Malvern East – Eight storey building for two ground floor shops, 38 dwellings and 47 car parking spaces 35

9.General Election 2016 - Method of Voting...... 37

10.Community Grants 2016-2017...... 38

11.Punt Road - Public Acquisition Overlay ...... 38

M.Other General Business

N.Urgent Business

O.Confidential Business

Page 1

Council Minutes

Monday 8 February 2016

Present:crclaude ullin, mayor

:cr tini athanasopoulos

:cr jim athanasopoulos

:crjohn chandler

:crerin davie

:crjami klisaris

:cr matthew koce

:crjohn mcmorrow

:cr melina sehr

Council OfficersPresent

:warren roberts, ceo

:geoff cockram

:simon thomas

:karen watson

:stuart draffin

:anthonydepasquale

:fabienne thewlis

Page 1

Council Minutes

Monday 8 February 2016

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 noted that the data projection equipment was unavailable for the meeting due to technical issues.

He then introduced Councillors and the CEO, Warren Roberts. The CEO introduced Council Officers.

B.Apologies

Procedural Motion:Moved Cr Melina SehrSeconded Cr Tini Athanasopoulos
That Cr Koce be granted leave of absence for the Council Meeting of the Stonnington City Council to be 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 - 14 December 2015
Motion:Moved Cr John McMorrowSeconded Cr Jim Athanasopoulos
That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 14 December 2015 and the Confidential Minutes of the Council Meeting of the Stonnington City Council held on 14 December 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 Sehr declared a Direct Conflict of Interest in relation to Item 1 – 14-18 Porter Street, Prahran, as she lives one street away from proposed development and, if approved, will be able to see the property from her residence.

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:

  • A letter (5.2.16) on behalf of residents of Domain Road, South Yarra, objecting to Item 3 - 279 Domain Road, South Yarra, asking that an earlier objection be taken as an objection to the amended application and expressing further concerns in relation to: setbacks; overlooking; position of doors; and lack of a construction management plan.
  • An email (7.2.16) in relation to 41 & 45 Donald Street, Prahran, asking why these properties do not fall within the ‘neighbourhood character’ guidelines in Council’s Planning Scheme.

Cr Sehr tabled the following correspondence:

  • Correspondence in relation to the proposed expansion of Cabrini, Wattletree Road:

An email (3.2.16) from a resident of Soudan Street, Malvern, objecting on the grounds of: excessive height and bulk; height exceeding Council’s Structure Plan for Glenferrie Road and High Street; inappropriate scale and style; streetscape issues; heritage concerns; and exacerbation of existing parking problems.

An email (14.12.15) from a resident of Malvern objecting on the following grounds: excessive footprint causing residential amenity issues; overlooking and inadequate screening; intrusive night-time light; inappropriate signage; severe neighbourhood character issues; and the setting of a height precedent.

An email (3.2.16) from a resident of Oxford Street, Malvern, objecting on the grounds of: extreme overdevelopment; domination of a residential neighbourhood; excessive building mass; unsustainable increases in traffic movements; noise pollution; and severe impacts on residential community character.

An email (3.2.16) from a resident of Oxford Street, Malvern, objecting on the grounds of: detrimental residential community impacts; increases in existing unacceptable levels of traffic; and obliteration of streetscape. The email asks Council to refuse the application.

Cr Sehr noted that a consultative meeting would be held.

  • An email (2.2.16) from a regular visitor to the City of Stonnington asking why a 40km per hour speed limit has been imposed on High Street from 6-9pm on weekdays and after peak retail hours on weekends, forcing traffic to use nearby thoroughfares with resulting residential impacts.
  • A letter (3.12.15) from a resident of Aberdeen Road, Prahran, objecting to Planning Application 0828/15 – 519-531A High Street, Prahran, on the grounds of: excessive height; neighbourhood character issues; overlooking and overshadowing; heritage considerations; negative impacts on neighbouring properties; neighbourhood parking and local traffic issues.
  • A letter (30.11.15) on behalf of 28 residents of Aberdeen Road, Prahran East, asking Council to conduct a traffic flow and parking study in that street as traffic is using Aberdeen Road to avoid High Street throughout the day and evening, impacting safety and parking, and disturbing residents. The email lists a number of measures that Council could undertake to alleviate the problem.

Cr Chandler tabled the following correspondence:

  • Correspondence in relation to the Punt Road Overlay:

An email (8.2.16) asking Council to lift the redundant 60 year old Acquisition Overlay on Punt Road on the grounds of: VicRoads’ prediction of traffic increases; and the need for residents to restore their homes. The email gives details of VicRoads’ predictions, the impacts of widening Punt Road and information about the impact of Melbourne traffic.

An email (8.2.16) objecting to the widening of Punt Road on the grounds of: additional congestion; traffic gridlock on Stonnington roads; the creation of rat runs through residential streets; parking issues; and impacts on vehicle and pedestrian safety.

  • A letter already tabled in relation to Item 3 - 279 Domain Road, South Yarra.
  • A letter (26.1.16) asking Council to repair damage to nature strips in Warner Street, Malvern, resulting from roadworks carried out from September to December 2015.
  • An email (5.2.16) from a resident of Toorak expressing concern about the lack of activities for residents, apart from those offered at Phoenix Park, after neighbourhood houses were sold. Access to Phoenix Park is difficult from Toorak due to lack of public transport and distance. The email gives historical detail. Cr Chandler asked Council Officers to respond to the email, copying him in on their response.
  • A letter (14.12.15) from four residents of Toorak Road, Toorak, noting issues in Power Street including: motorists parking for extended time periods; and the use of the street as a rat run by speeding cars.The email asks Council to carry out a number of specific measures. including parking restrictions and speed calming measures. Cr Chandler asked Council Officers to respond to the letter, copying him in on their response.

Cr Ullin tabled the following correspondence:

  • Correspondence in relation to the proposed expansion of Cabrini, Wattletree Road:

Four emails already tabled in relation to this matter.

An email (19.1.16) from a resident of Canberra Avenue, Malvern, objecting on the grounds of: additional adverse impacts on the residential community, and on existing parking issues and traffic congestion; loss of neighbourhood amenity; and negative impacts on the heritage streetscape and neighbourhood character.

An email (25.1.16) from a resident of Edsall Street, Malvern, strongly objecting on the grounds of: negative residential impacts; excessive height; and increases in ambulance noise, traffic, parking pressures and signage.

  • Correspondence in relation to Packington Place, Prahran East:

An email (24.1.16) complaining about gutters blocked with silt and mud from construction at 5 Packington Place, despite Council being previously informed. The email quotes Council’s Local Law in relation to responsibility for Spoil from Building Sites.

Two emails (25.1.16) from Cr Ullin and a Council Officer in relation to the issues in Packington Place.

  • Correspondence in relation to the proposed demolition of 41-45 Donald Street, Prahran:

An email (2.2.16) from residents of Donald Street objecting on the grounds of: the removal of two intact examples of Victorian architecture in a prominent position in the street; and the setting of a precedent for the removal of other period houses in the street.

An email (22.1.16) from a resident of Donald Street noting that the application does not satisfy the requirements of either the Neighbourhood Residential Zone State zones of Stonnington Planning Amendment C175. The emails gives details in support of this claim.

  • A series of emails (20 & 21.1.16) from a resident and Councillors in relation to the possible naming of the laneways linking Yarra Street with Claremont Street just north of Toorak Road in honour a local developer who was the ‘father’ of the conversion of this area into a thriving hub.
  • An email (21.1.16) from a resident in relation to the proposed development at 519-531A High Street, Prahran East, asking about the timing of the consultative meeting and making comments about the process.
  • A series of emails (19.11.15, 16 & 23.12.15; 18.1.16) from The Orrong Group and Council Officers in relation to: monitoring of issues relating to the 590 Orrong Road development; the pizza restaurant at 20 Beatty Avenue; and shops at the corner of Orrong Road and High Street.
  • An email (10.1.16) in relation to ‘Quong-Dong’, 118 Burke Road, asking Council to consider implementing a heritage overlay for the house to prevent its possible demolition on the grounds of: heritage significance; distinctive architectural style; and the historical significance of the building. The email includes photos and further information.
  • An email (31.1.16) from a resident of Jordan Street, Malvern, objecting to the Stonnington Planning Department’s handling of an application for a planning permit for the rear extension of a neighbouring house.
  • A letter already tabled in relation to Item 3 - 279 Domain Road, South Yarra.
  • An email (27.1.16) from the applicant in support of Item 2 - 1795 Malvern Road, Glen Iris, on the grounds of: changes in response to objectors including: an increase in rear setbacks; decreases in the number of units and basement size; and fully compliant parking numbers. The email gives information about neighbourhood character, including the history of neighbouring developments.

G.Questions to Council Officers from Councillors

A / 40km speed limit in High Street
Cr Sehr asked if the Communications Department could include a story in the next Council magazine in relation to VicRoads’ decision to impose a 40km speed limit in High Street, extending from St Kilda Road to Tooronga Road. She said that Councillors were receiving a number of complaints. Residents were not aware that this ridiculous decision was made without consulting Council. Council first became aware of the change when signs were erected.
The General Manager Assets and Services, Simon Thomas, took the question on notice.
B / Overhanging growth at rear of the post office at 283 Wattletree Road
Cr John McMorrow noted that overhanging growth was continuing to create difficulties for the driver who picks up mail from the rear of the post office at 283 Wattletree Road.Despite Council doing some cutting back, large trucks and vans are still impeded. This matter has been discussed with Council at various times. Cr McMorrow asked that Council Officers investigate and rectify this problem.
C / State of Malvern Road from Burke to Tooronga Roads
Cr John McMorrow said he had witnessed an accident on the corner of Malvern Road and Creswick Street recently. A cyclist fell onto the road and was narrowly missed by a vehicle. The cyclist’s shoulder was fractured and he will not be able to use his right arm for the next six weeks. He praised the General Manager Assets and Services, Simon Thomas, and his team who were quick to respond. The issue rested with Yarra Trams rather than with VicRoads as there was a pothole between the tram track and the road that caused the cyclist to fall. Cr McMorrow said that the state of Malvern Road from Burke to Tooronga Roads was an absolute disgrace, with potholes and other deterioration. He said that nothing seems to be done to protect the safety of road users and asked if this could be followed up with the relevant authorities.
D / 40km speed limit on High Street causing motorists to diverge onto other streets
Cr John McMorrow noted that, as a result of the 40km speed limit on High Street, motorists were diverging onto other streets, particularly Stanhope Street. A resident has said that Council has promised to install a roundabout and speed cushionsin Dixon Street. He asked that Council Officers write a formal letter to residents about this matter in relation to the timing of these works. He asked, if such promises had been made, when they could be actioned.
E / Burke Road grade separation causing issues in Glenarm Road
Cr John McMorrow said he had received an email from a resident of Glenarm Road listing a number of issues experienced during work on the Burke Road grade separation. He said he would respond to the email and noted that a workshop will be held to capture all these issues.
F / Thank you letter from a resident in Silver Street
Cr John McMorrow said he had received a thank you letter from a resident in Silver Street who was very pleased with Council’s quick response to a request for removal and replacement of a nature strip tree.
G / Questions about VicRoads' and State Government proposal to extend clearways in Commercial Road, High Street and Toorak Road.
Cr Matthew Koce asked the following about the VicRoads’ and State Government proposal to extend clearways in Commercial Road, High Street and Toorak Road: what consultation did VicRoads have with Council before going to broader consultation; what work is being done to assess the impact of this change; and is Council working on the matter with trader associations.
The General Manager Assets and Services, Simon Thomas, said that the 60 day consultation period was announced a week ago. There had been no dialogue with Council before that and Council had no knowledge that VicRoads was commencing the consultation period with all stakeholders. Council had already requested technical information about the capacity of intersections; the loss of on-street parking; and the lack of information about Punt Road. Having regard to their lack of ability to provide that information, Council has engaged a third party to undertake modelling on its behalf to understand the potential loss. It will then put forward a proposition to VicRoads.
H / Re significant gum tree removed from the frontage of a Toorak Road, Toorak, property
Cr John Chandler said he had been contacted by residents about a significant gum tree removed from the frontage of a property in Toorak Road, Toorak. . It has transpired that this was correctly done with the approval and permit from Council. The tree did overhang other properties and residents are asking why they were not notified when such works are undertaken. Cr Chandler told them he would raise the matter and seek advice.
The General Manager Assets and Services, Simon Thomas, said that it is normally a Council requirement that the recipient of the permit advise the immediate neighbours and others in the neighbourhood of the removal of a tree. He said he was disappointed if this had not happened.

H.Tabling of Petitions and Joint Letters

Nil

I.Notices of Motion

Nil

J.Reports of Special and Other Committees

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

  • Finance Advisory Committee meeting held on 22 January 2016
  • Strategic Planning Workshop held on 29-31 January 2016
  • Economic Development and Culture Advisory Committee meeting held on 1 February 2016
  • Councillor Briefing meeting held on 1 February 2016
  • Summary of Planning Consultative Meetings December 2015 & January 2016

Cr Chandler reported on the Finance Advisory Committee meeting held on 22 January 2016: