Minutes of the ordinary meeting



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planning permit application 0384/14- 24 cambridge street, armadale - part demolition, alterations and additions to a dwelling on a lot less than 500 square metres in a neighbourhood residential zone, special building overlay, and a heritage overlay




procedural Motion: Moved Cr Klisaris Seconded Cr Davie
That consideration of Planning Permit No: 0384/14 for the land located at 24 Cambridge Street, Armadale for Part demolition, alterations and additions to a dwelling on a lot less than 500 square metres in a Neighbourhood Residential Zone, Special Building Overlay, and a Heritage Overlay be deferred for one Council cycle to enable additional information to be obtained.

Carried



Cr Koce returned to the chamber at 7.38pm during discussion of Item 4 - 14-24 Cambridge Street, Armadale.

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planning permit application 1034/14 - 69-71 high street, prahran - restaurant and cafe liquor licence associated with part use of the land as a restaurant and a reduction in the car parking requirement




Motion: Moved Cr Ullin Seconded Cr Athanasopoulos
That a Notice of Decision to Grant a Planning Permit No: 1034/14 for the land located at 69 – 71 High Street, Prahran be issued under the Stonnington Planning Scheme for a restaurant and cafe liquor licence associated with part use of the land as a restaurant and a reduction in the car parking requirement subject to the following conditions:
1. Before the commencement of the use, 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 plans advertised on December 2014 but modified to show:
a) No public access via the eastern side gate and removal of this area from the red-line plan.

b) The addition of an internal door to access the dining room.

c) The first floor of the premises removed from the red-line plan.

d) A Waste Management Plan in accordance with condition 12.

e) A Noise and Amenity Action Plan in accordance with condition 13
2. The plans endorsed to accompany the permit must not be amended without the written consent of the Responsible Authority.
3. A maximum number of 105 patrons may be permitted on the premises internally, and 12 patrons externally on the footpath dining area, at any one time to the satisfaction of the Responsible Authority.
4. Tables and chairs must be placed in position on the licensed premises so as to be available for at least 75% of the patrons attending the premises at any one time, to the satisfaction of the Responsible Authority.
5. The restaurant use hereby permitted in the Neighbourhood Residential Zone must operate only between the hours of 8am and 9pm each day.
6. Without the prior written consent of the Responsible Authority, the sale and consumption of liquor shall only occur within the licenced area between the hours of 11am to 11pm the following day internally and 11am and 10pm externally on the footpath.
7. Footpath trading must cease at 10pm.
8. The predominant activity carried out at all times on the licensed premises must be the preparation and serving of meals for consumption on the licensed premises to the satisfaction of the Responsible Authority.
9. No public access is allowed in the rear of the site within the Neighbourhood Residential Zone.
10. 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.
11. Bottles and rubbish must not be removed from anywhere within the subject site between the hours of 9pm and 8am the following day.
12. Adequate provision must be made for the storage and collection of wastes and recyclables within the site prior to the commencement of use or occupation of the building. This area must be appropriately graded, drained and screened from public view to the satisfaction of the Responsible Authority.
13. 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 NB. These should correspond with our Local Laws

e) Method of presentation of bins for waste collection
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.
14. Concurrent with the endorsement of plans, a Noise and Amenity Action Plan must be submitted to and approved by the Responsible Authority containing the following information:
a) The identification of all noise sources associated with the licensed premises (including, but not limited to, music noise, external areas allocated for smokers, queuing lines, entries and exits to the premises and courtyards).

b) Hours of operation for all parts of the premises.

c) Details of the provision of music including the frequency and hours.

d) The identification of noise sensitive areas including residential uses and accommodation in close proximity to the licensed premises.

e) Measures to be undertaken to address all noise sources identified, including on and off-site noise attenuation measures.

f) Details of staffing arrangements including numbers and working hours of all security staff.

g) Standard procedures to be undertaken by staff in the event of a complaint by a member of the public, the Victoria Police, an authorised officer of the responsible authority or an officer of the liquor licensing authority.

h) Location of lighting within the boundaries of the site, security lighting outside the licensed premises and any overspill of lighting.

i) Details of waste management plan including storage and hours of collection for general rubbish and bottles, and delivery times associated with the licensed premises.

j) Details of any measures to work with neighbours or other residents in the immediate area to address complaints and general operational issues.

k) Any other measures to be undertaken to ensure minimal impacts from the licensed premises.

l) Location and operation of air-conditioning, exhaust fan systems and security alarms.
The approved Noise and Amenity Action Plan will form part of the permit and the use must operate in accordance with it to the satisfaction of the Responsible Authority.
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 (plant and equipment area and loading bay or specify other as relevant) 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. 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.
17. The use and development 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

d) Presence of vermin
18. Prior to the commencement of use, the applicant must display a sign at the exit of the premises advising patrons to respect the amenity of adjacent residential areas and to leave in a quiet and orderly manner, to the satisfaction of the Responsible Authority.
19. All loading and unloading of goods must be undertaken in accordance with Council’s Local Laws.
20. Prior to the commencement of use, 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 use is not started within two years from the date of this permit.

b) The use is discontinued for a period of two years or more.
In accordance with Section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing within the prescribed timeframes, where the use allowed by the permit has not yet started.
Note:
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.
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.

The installation, maintenance and/or use of any intruder alarm system must at all times conform to the Environmental Protection (Audible Intruder Alarm) Regulations 1978.
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.
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:
i. Before or within 6 months after the permit expiry date, where the development allowed by the permit has not yet started; and

ii. Within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires.
Attachments - Locality Plans, Site Plan, Floor Plans, Elevations etc.

Carried





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planning permit amendment 0400/10 - 1 & 2 / 11 lincoln place, windsor - amendment to allow for additions and alterations to two dwellings




Motion: Moved Cr Ullin Seconded Cr Athanasopoulos

That a Notice of Decision to amend Planning Permit 0400/10 for the land located at 1 & 2 / 11 Lincoln Place, Windsor be issued under the Stonnington Planning Scheme for additions and alterations to two dwellings including the construction of a new third floor addition.
Amendment to Permit
New condition 1 to read as follows:


  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 advertised plans for the Section 72 Amendment (Council date stamped 28 November 2014) but modified to show:




    1. The southern wall to the bedroom and living room at the third floor level to be generally in accordance with the discussion plan dated 18 March 2015 including the introduction of a vergola to the second floor level balcony.




  1. The project must incorporate the Water Sensitive Urban Design initiatives detailed in the endorsed site plan and/or stormwater management report.


Amendment to Plans:


  • The construction of a new third floor addition at 1/11 Lincoln Place.

  • The reduction of the balcony on the second floor of 1/11 Lincoln Place.

  • The modification of the southern and eastern elevations of the 1 and 2 / 11 Lincoln Place with new windows and timber battens.

Carried



7

planning amendment application 0647/11 - 648 warrigal road, malvern east – section 72 amendment for increase to the number of dwellings and car spaces, external and internal alterations to the building




Motion: Moved Cr Stubbs Seconded Cr McMorrow
That a Notice of Decision to Grant an Amended Planning Permit No: 0647/11 for the land located at 648 Warrigal Road Malvern East be issued under the Stonnington Planning Scheme for a S72 Amendment to approved Planning Permit and plans for alterations and additions to the approved dwellings subject to the following amendments to the plans and permit:
Amendments to Permit:
Condition 1 to read as follows:
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 dated 9 October 2014 but modified to show:
Deletion of Condition 1(e).
New Condition 1(m) to read as follows:
drainage gradients of the basement and lower ground floor car park
New Condition 1(n)
a longitudinal section showing the headroom provided at both parking level entry points with the door open (such as a roller door) and throughout the parking areas in accordance with Design Standard 1 of Clause 52.06-8 of the Stonnington Planning Scheme
New Condition 1(o)
column dimensions be clearly shown on the plans.
New Condition 1(p)
a convex mirror or window to allow lines of site from the vehicle ramp to the parking area on the basement level and from the lower ground floor parking area to the vehicle ramp.
Amendments to Plans:
Changes to the building envelope at each level;
The number of dwellings increased from 13 to 16;
The number of car spaces increased from 16 to 19;
Changes to the car parking layout to accommodate the additional car spaces; and
Changes to landscaping.
How the Amended Planning Permit will read:
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 dated 9 October 2014 but modified to show:
a) The following sections of the proposed front fences to be at least 50 per cent transparent to the satisfaction of the Responsible Authority:
(i) The proposed stone wall located at a setback of 3.3 metres from the front property boundary; and
(ii) The section of the masonry wall fence located immediately to the east of the entry porch (at a setback of 1m from the front property boundary).

b) The proposed side fence along the northern site boundary to be reduced in height to a maximum of 1.2 metres for the length required to achieve compliance with Design Standard 1 at clause 56.02-8 of the Stonnington Planning Scheme.
c) Details of the proposed plant and equipment to be accommodated in the development, to the satisfaction of the Responsible Authority.
d) The balconies and habitable room windows on the western, southern and northern elevations screened generally in accordance with the drawings provided by Roz Wilson attached to the letter dated 25 January 2013 or Standard 822 of Clause 55 of the Stonnington Planning Scheme, to the satisfaction of the Responsible Authority.
e) Deleted.
f) The bicycle parking facilities designed in accordance with the design requirements of the Planning Scheme and/or Australian Standards to the satisfaction of the Responsible Authority.
g) A water sensitive urban design response in accordance with condition 3.
h) A tree management plan in accordance with condition 4.
i) A revised landscape plan in accordance with condition 6.
j) A waste management plan in accordance with condition 8.
k) A car park management plan in accordance with condition 1 0.
l) An acoustic report in accordance with condition 11.
m) drainage gradients of the basement and lower ground floor car park
n) a longitudinal section showing the headroom provided at both parking level entry points with the door open (such as a roller door) and throughout the parking areas in accordance with Design Standard 1 of Clause 52.06-8 of the Stonnington Planning Scheme
o) column dimensions be clearly shown on the plans.
p) a convex mirror or window to allow lines of site from the vehicle ramp to the parking area on the basement level and from the lower ground floor parking area to the vehicle ramp.
2. The plans endorsed to accompany the permit must not be amended without the written consent of the Responsible Authority.
3. Concurrent with the endorsement of development plans a Water Sensitive Urban Design Report shall be prepared to the satisfaction of Council detailing measures to address water sensitive urban design, including:
a) A site layout plan showing the location of proposed stormwater treatment measures to achieve compliance with the best practice performance objective set out in the Urban Stormwater Best Practice Environmental Management Guidelines, Victoria Stormwater Committee 1999; and
b) A report outlining compliance with the best practice performance objective set out in the Urban Stormwater Best Practice Environmental Management Guidelines, Victoria Stormwater Committee 1999.
When approved, the report will form part of this permit.
4. Concurrent with the endorsement of development plans a tree management plan prepared by a suitably qualified arborist or Peter Yao's report dated 22 January 2013 must be submitted to and approved by the Responsible Authority. When approved, the tree management plan will form part of this permit and all works must be done in accordance with the tree management plan.
The tree management plan must detail measures to protect and ensure the viability of the Grevillea robusta (Silky Oak) tree located at the south eastern corner of the site.
Without limiting the generality of the tree management plan it must have at least three sections as follows:
a) Pre-construction -details to include a tree protection zone, height barrier around the tree protection zone, amount and type of mulch to be placed above the tree protection zone and method of cutting any roots or branches which extend beyond the tree protection zone.
b) During-construction- details to include watering regime during construction and method of protection of exposed roots.
c) Post-construction -details to include watering regime and time of final inspection when barrier can be removed and protection works and regime can cease.
Pre-construction works and any root cutting must be inspected and approved by the Parks Unit. Removal of protection works and cessation of the tree management plan must be authorised by the Parks Unit.
5. No vehicular or pedestrian access, trenching or soil excavation is to occur within the Tree Protection Zone without the written consent of the Responsible Authority. No storage or dumping of tools, equipment or waste is to occur within the Tree Protection Zone.
6. 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 in accordance with the landscape concept plan dated Revision (A) March 2012 prepared by Zenith Concepts , but modified to show:
a) Tree protection notes in accordance with condition 4, to the satisfaction of the Responsible Authority.
7. 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.
8. 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 (NB. These should correspond with Council's Local Laws).
e) Method of presentation of bins for waste collection
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.
9. Every rateable tenement is liable to pay a garbage charge irrespective of the level of waste collection services provided to the tenement by Council.
10. Prior to the commencement of any use a Car Park Management Plan must be submitted to the satisfaction of the Responsible Authority. The Car Park Management Plan must include, but not be limited to:
a) Allocation of car spaces to each dwelling, showing one parking space per dwelling.
b) Allocation of two car spaces to visitor spaces.
c) Allocation of storage areas to the dwellings.
d) Details of signing and line marking of parking spaces and pedestrian pathways.
e) How parking spaces are to be secured for the intended use.
11. Concurrent with the endorsement of plans, the applicant must provide an acoustic report prepared by a suitably qualified acoustic engineer to demonstrate how the dwellings will be acoustically treated to minimise noise transmission from the plant and equipment accommodated in the development to the satisfaction of the Responsible Authority.
Vic Roads Conditions
12. The crossover and driveway are to be constructed to the satisfaction of the Responsible Authority prior to the commencement of the use of the building hereby approved.



13. Prior to the commencement of the use of the occupation of the buildings or works hereby approved, the driveway, crossover and associated works must be provided and available for use and be:
a) Formed to such levels and drained so that they can be used in accordance with the plan.
b) Treated with an all-weather seal or some other durable surface.
End Vic Roads Conditions
14. Before the occupation of the development, the owner must provide a detention system to contain storm water runoff to no greater than existing levels to the satisfaction of Council.
15. A report for the legal point of storm water discharge is required, as is a drainage design by a suitably qualified Engineer.
16. The level of the footpath must not be lowered or altered in any way to facilitate access to the site.
17. Any poles, service pits or other structures/features 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.
18. 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.
19. Prior to the occupation of the building, privacy screens designed to limit overlooking as required 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.
20. 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.
The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within three months afterwards.

Carried




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