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8. Tabling of Petitions and Joint Letters
Cr Chandler tabled a petition from 28 residents of Elizabeth Street, Malvern, drawing to the attention of Council the fact that, as Elizabeth Street is the only through road between Toorak and Malvern Roads, and the boundary of Tooronga and Glenferrie Roads, it is frequently used by non-residential traffic. This traffic poses a danger for residents exiting driveways, and children and parents leaving Sir Robert Menzies Reserve. Vehicles turning right into Toorak Road cause a build up along Elizabeth Street, leading to a range of problems. The petitioners ask Council to install a ‘No Right-Hand Turn’ sign in Elizabeth Street and to consider the matter in conjunction with the proposed development at 67 Elizabeth Street. Cr Chandler noted that a report had already been request to come to Council in relation to this matter.
Cr Ullin tabled a petition from 12 residents of Andrew Street, Windsor, asking that Council:
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reduce four-hour parking between Kent and George Streets
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install permit-only parking between Kent and George Streets between 6pm and midnight
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install permit-only parking on one side of Andrew Street during the day
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mark defined car parking bays to maximise car park capacity
The petitioners request that these matters be considered and implemented, as the parking situation in Andrew Street, Windsor, is at critical shortage.
9. Notices of Motion
Nil
10. Reports of Special and Other Committees
The CEO, Warren Roberts, tabled the following Assembly of Councillors Records:
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Social Development Advisory Committee Meeting held on 2 March 2015
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Chapel Street Revitalisation Working Group Meeting held on 16 March 2015
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Strategic Planning Advisory Committee Meeting held on 16 March 2015
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Councillor Briefing Meeting held on 16 March 2015
11. Reports of Delegates
Cr Stubbs as Council representative to the VLGA reported on the VLGA Delegates’ Dinner held on 5 March:
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Guest Speaker: Kelly O’Shanassy, CEO of the Australian Conservation Foundation, spoke about: the importance of grassroots community leadership and its capacity to affect social change; and about sustainability and how the cost of producing green energy is getting closer to that for fossil fuel. A number of Councillors attended.
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Rate Capping: This matter was hotly discussed, especially the major impact it will have on the maintenance by rural shires of their road infrastructure and bridges.
Cr Klisaris as Council representative to the MAV reported:
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MAV Board Elections: The results of the Board elections have been announced. Cr Bill McArthur has been returned as President. There are seven Board incumbents and five new councillors joining the Board.
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VLGA Panel: Cr Klisaris was invited to be on a VLGA Panel for Women’s Day 2015 which was a brilliant event. Cr Klisaris expressed the hope that the City of Stonnington would continue its work to encourage women.
Cr McMorrow, as Council delegate to the Metropolitan Transport Forum, reported on a recent meeting:
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Melbourne Metropolitan Transport System: Many issues were discussed in relation to planning the Melbourne metropolitan system.
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Removal of Level Crossings: The State Government plan to remove level crossings was discussed. Cr McMorrow expressed disappointment about plans for the City of Stonnington, and questioned the Public Transport Corporation Chairman who was attending, whether there would be an underground platform at Toorak Railway Station. He was unable to comment however Cr McMorrow will continue to follow up that matter.
Cr Chandler, Chair of the Strategic Planning Advisory Committee Meeting, will circulate to Councillors the Minutes of the meeting held last Monday 16 March 2015.
Cr Koce, Chair of the Sustainability Advisory Committee, reported on a meeting held this afternoon:
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Armadale Baptist Church Community Garden: This exciting initiative was discussed.
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Harold Holt Swim Centre: Work at the pool has resulted in 35% reductions in energy costs.
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Committee: This hardworking committee does a lot of outreach and investigates new projects.
Cr Ullin, Chair of Chapel Off Chapel, thanked the Mayor (Cr Sehr) and Council for Chapel Off Chapel 20th Anniversary celebrations and the wonderful event on 22 March.
Cr Ullin, Chair of the Steering Committee for the Feasibility Study for the future use of the Prahran Town Hall and Northbrook, reported:
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Prahran Town Hall: Initial discussions took place about the future development of Prahran Town Hall. The development will involve a number of other buildings. The meeting put together a series of suggestions about possible scenarios. The Committee will come back from time to time to Council for its input. Feasibility studies will take place and work done with consultants. It is hoped that a framework will be developed in the next six months or so.
12. General Business
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planning permit application 0356/13- 68 milton parade, malvern - use and development of the land for dwellings and a food and drink premises (cafe), car parking dispensation and waiver of loading and unloading requirements in a general residential zone
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Motion: Moved Cr McMorrow Seconded Cr Davie
That a Notice of Decision to Grant a Planning Permit No: 0356/13 for the land located at 68 Milton Parade, Malvern, be issued under the Stonnington Planning Scheme for use and development of the land for dwellings and a food and drink premises (cafe), car parking dispensation and waiver of loading and unloading requirements subject to the following conditions:
1. Before the commencement of the development, three (3) 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 revised plans Council date stamped 20 February 2015 but modified to show:
a) The north-west elevation of the lounge, kitchen, bathroom and bedroom 2 of Apt 2 on the first floor be setback a minimum of 1m from the common boundary with 48 Parslow Street. A raked form may be adopted to achieve the required setback.
b) Changes to the internal layout of Apt 2 to accommodate the changes as required by condition 1(a).
c) The north-west elevation of Apt 2 be painted in light colours that allow light reflection.
d) Deletion of the parapet wall along the north-western boundary.
e) Light courts to Apt 1 and 2 on the first floor not to be accessible. These areas must only be used as light courts.
f) The south-west facing window to bedroom 1 of Apt 2 be screened in accordance with Standard B22 of Clause 55 or be reduced in size to restrict overlooking into 48 Parslow Street in accordance with Standard B22.
g) Sufficient sight distance be provided at the property boundary.
h) Plans be updated to confirm the floor gradients in accordance with the Australian Standards.
i) Any changes as required by the Water Sensitive Urban Design Response in accordance with condition 5.
j) Any changes as required by the Waste Management Plan in accordance with condition 7.
All to the satisfaction of the Responsible Authority.
2. 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.
3. A maximum number of two (2) staff and 23 patrons may be housed within the food and drink premises (café) at any one time to the satisfaction of the Responsible Authority.
4. The food and drink premises (cafe) use hereby permitted must operate only between the hours of 7am to 7pm, Monday to Friday, and 8am to 7pm, Saturday and Sunday.
5. Concurrent with the endorsement of plans, the applicant must provide a Water Sensitive Urban Design Response addressing the Application Requirements of the Water Sensitive Urban Design Policy to the satisfaction of the Responsible Authority. All proposed treatments included within the Water Sensitive Urban Design Response must also be indicated on the plans.
6. The project must incorporate the Water Sensitive Urban Design initiatives detailed in the endorsed site plan and/or stormwater management report.
7. Concurrent with the endorsement of plans, a Waste Management Plan must be submitted to and approved by the Responsible Authority. The Waste Management Plan must include:
a) Dimensions of waste areas
b) The number of bins to be provided
c) Method of waste and recyclables collection
d) Hours of waste and recyclables collection
e) Method of presentation of bins for waste collection
f) Strategies for how the generation of waste and recyclables from the development will be minimised
When approved, the plan will be endorsed and will then form part of the permit. Waste collection from the development must be in accordance with the plan, to the satisfaction of the Responsible Authority.
8. A report for the legal point of discharge must be obtained from Council prior to a building permit being issued. A drainage design for the development must be prepared by a suitably qualified Engineer in compliance with the above report prior to the commencement of works and the drainage must be completed in accordance with the Engineer’s design.
9. Any poles, service pits or other structures on the footpath required to be relocated to facilitate the development must be done so at the cost of the applicant and subject to the relevant authority’s consent.
10. All utility services to the subject land and buildings approved as part of this permit must be provided underground to the satisfaction of the Responsible Authority by completion of the development.
11. Prior to the occupation of the building/ commencement of use, the walls on the boundary of the adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.
12. The loading and unloading of vehicles and the delivery of goods to and from the premises must at all times be conducted entirely within the site and in a manner that limits interference with other vehicular traffic to the satisfaction of the Responsible Authority.
13. The food and drink premises (cafe) hereby approved must be managed so that the amenity of the area is not detrimentally affected through the:
a) Transport of materials, goods or commodities to or from the land;
b) Appearance of any building, works or materials;
c) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil;
In any other way, to the satisfaction of the Responsible Authority.
14. The collection of wastes and recyclables from the premises (other than normal Stonnington City Council collection) must be in accordance with Council's General Local Laws.
15. Noise emanating from the subject land must comply with State Environment Protection Policy (Control of Music Noise from Public Premises) No. N 2, to the satisfaction of the Responsible Authority. Any works required to ensure and maintain the noise levels from the food and drink premises (café) are in compliance with this policy must be completed prior to the commencement of the use or occupation of the site and maintained thereafter, all to the satisfaction of the Responsible Authority.
16. No entertainment or music (live or amplified) must be provided on the food and drink premises (café) hereby approved to the satisfaction of the Responsible Authority.
17. The provision of music and entertainment on the premises must be limited to background music or entertainment by performers using non-amplified instruments unless with the written consent of the Responsible Authority.
18. Prior to the occupation of the building, fixed privacy screens (not adhesive film) designed to limit overlooking as required by Standard B22 of Clause 55.04-6 in accordance with the endorsed plans must be installed to the satisfaction of the Responsible Authority and maintained to the satisfaction of the Responsible Authority thereafter for the life of the building.
19. All plant and equipment (including air-conditioning units) shall be located or screened so as not to be visible from the surrounding footpaths and adjoining properties (including from above) and shall be baffled so as to minimise the emission of unreasonable noise to the environment in accordance with Section 48A of the Environment Protection Act 1970 to the satisfaction of the Responsible Authority.
20. Prior to occupation, access for persons with disabilities must be provided in compliance with the Disability Discrimination Act 1992 and such access must be maintained at all times the building is occupied or in use.
21. This permit will expire if one of the following circumstances applies:
a) The development is not started within two years of the date of this permit.
b) The development is not completed within four years of the date of this permit.
c) The use is not commenced within five years of the date of this permit.
d) The use is discontinued for a period of two years or more.
In accordance with Section 69 of the Planning and Environment Act 1987, a request may be submitted to the Responsible Authority within the prescribed timeframes for an extension of the periods referred to in this condition.
NOTES:
i. This permit does not constitute any authority to carry out any building works or occupy the building or part of the building unless all relevant building permits are obtained.
ii. This permit is for the use of the land and/or buildings and does not constitute any authority to conduct a business requiring Health Act/Food Act registration without prior approval from the Councils Health Services.
iii. Background music level, in relation to premises, means a level that enables patrons to conduct a conversation at a distance of 600 millimetres without having to raise their voices to a substantial level.
iv. The owners and occupiers of the dwelling/s hereby approved are not eligible to receive “Resident Parking Permits”.
v. At the permit issue date, Section 69 of the Planning and Environment Act 1987 stated that the Responsible Authority may extend the periods referred to if a request is made in writing within the following timeframes:
1) Before or within 6 months after the permit expiry date, where the development allowed by the permit has not yet started; and
2) Within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires.
Carried
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2
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planning permit amendment 0255/09 - 67 elizabeth street, malvern – section 72 amendment to approved planning permit and plans comprising alterations to the approved development to substitute 14 smaller apartments for the 7 larger apartments already approved, plus associated revisions to the permit preamble and conditions
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Motion: Moved Cr Koce Seconded Cr Klisaris
That a Notice of Refusal to Grant an Amended Planning Permit No: 0255/09 for the land located at 67 Elizabeth Street, Malvern be issued under the Stonnington Planning Scheme for a Section 72 Amendment to the approved Planning Permit and Plans comprising alterations to the approved development to substitute 14 smaller apartments for the 7 larger apartments already approved, plus revisions to the permit preamble and conditions, on the following grounds:
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The proposed amendment is inconsistent with the purpose of the General Residential Zone.
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The extent of the changes to the proposal are so great that they would result in a transformation of the existing planning permit.
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The proposed amendments result in a scale and mass that is out of character with the existing neighbourhood and is at odds with the relevant State and Local Planning Policies.
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The increase in the number of dwellings will result in car parking and traffic implications in the surrounding street network.
A Division was called by Cr Sehr:
For: Crs Chandler, Sehr, Ullin, Davie, Klisaris, Koce, McMorrow, Stubbs and Athanasopoulos
Against: Nil
Absent: Nil
Carried
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Cr Koce left the chamber at 7.33pm.
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planning permit application 0556/14- 17 - 19 bowen street, prahran victoria 3181- part demolition and construction of alterations and additions to two existing dwellings on lots less than 500 square meters in a neighbourhood residential zone (schedule 3) and in a heritage overlay and special building overlay
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Motion: Moved Cr Ullin Seconded Cr Chandler
That a Notice of Decision to Grant a Planning Permit No: 0556/14 for the land located at 17 and 19 Bowen Street, Prahran be issued under the Stonnington Planning Scheme for part demolition and construction of alterations and additions to two existing dwellings at 17 Bowen Street, Prahran (Lot 1 on Title Plan 687256Q) and 19 Bowen Street, Prahran (Lot 1 on Title Plan 247784U) on a lot less than 500 square meters in a Neighbourhood Residential Zone (Schedule 3) and in a Heritage Overlay and Special Building Overlay subject to the following conditions:
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Before the commencement of the development , three (3) 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 advertised plans, Council date stamped 24 December 2014 however modified to show:
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A privacy fin (maximum 25% transparency) extending from the wall on the eastern side of the window of Bedroom 3, 17 Bowen Street, to screen views to the private open space area of 15 Bowen Street;
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The obscure glass of the window of Bedroom 2, 19 Bowen Street, be fixed to 1.7m above finished floor level;
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The floor level of the carports to be at least 150mm above the edge of the rear right-of-way with the edge of the slab tapered/transitioned at a grade of 1 in 8 within the respective carports to ensure the floor matches the edge of the right-of-way. (Note: The edge of the ROW must not be raised or altered to match the level of the carport floor);
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Fixed shading to the north and west facing habitable room windows;
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The changes required as a result of the Water Sensitive Urban Design Response required by Condition 3 of this permit;
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The decking and other treatment to each of the courtyards to be noted as permeable;
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Annotate the roof and site plans to show the collection areas draining to the raingarden and clearly show slope direction;
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Further details including a cross-section of the raingardens; and
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The roof form of the first floor additions of 17 and 19 Bowen Street to have pitched roofing to the satisfaction of the Responsible Authority.
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The new levels of the carport floors must be transitioned to match the existing footpath levels. The existing levels of the footpath must not be raised or altered in any way (at the property line) to match the new garage.
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Concurrent with the endorsement of plans, the applicant must provide a Water Sensitive Urban Design Response addressing the Application Requirements of the Water Sensitive Urban Design Policy to the satisfaction of the Responsible Authority. All proposed treatments included within the Water Sensitive Urban Design Response must also be indicated on the plans. As part of this process, a separate STORM report must be provided for each of the two sites to ensure that each site meets best practice.
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The project must incorporate the Water Sensitive Urban Design initiatives detailed in the endorsed site plan and/or stormwater management report.
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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.
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Prior to the occupation of the buildings, the walls on the boundaries of the subject and adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.
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This permit will expire if one of the following circumstances applies:
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The development is not started within two years of the date of this permit.
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The development is not completed within four years of the date of this permit.
The Responsible Authority may extend the periods referred to if a request is made in writing within the following timeframes:
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Before or within 6 months after the permit expiry date, where the development allowed by the permit has not yet started; and
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Within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires.
NOTES:
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This permit does not constitute any authority to carry out any building works or occupy the building or part of the building unless all relevant building permits are obtained.
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At the permit issue date, Section 69 of the Planning and Environment Act 1987 stated that the Responsible Authority may extend the periods referred to if a request is made in writing within the following timeframes:
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Before or within 6 months after the permit expiry date, where the development allowed by the permit has not yet started; and
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Within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires.
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The edge of the ROW must not be raised or altered to match the level of the carport floor.
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The carports must not be used for the storage of materials or items that may be prone to being damaged as a result of water associated with flooding entering the carports.
Carried
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