Council Meeting Notice Paper - City of Stonnington...Council Meeting Notice Paper Monday 19 November...

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Council Meeting Notice Paper Monday 19 November 2018 at 7pm Council Chamber, Malvern Town Hall, (enter off Glenferrie Road, Malvern)

Transcript of Council Meeting Notice Paper - City of Stonnington...Council Meeting Notice Paper Monday 19 November...

Page 1: Council Meeting Notice Paper - City of Stonnington...Council Meeting Notice Paper Monday 19 November 2018 at 7pm Council Chamber, Malvern Town Hall, (enter off Glenferrie Road, Malvern)

Council Meeting Notice Paper

Monday 19 November 2018 at 7pm

Council Chamber, Malvern Town Hall,

(enter off Glenferrie Road, Malvern)

Page 2: Council Meeting Notice Paper - City of Stonnington...Council Meeting Notice Paper Monday 19 November 2018 at 7pm Council Chamber, Malvern Town Hall, (enter off Glenferrie Road, Malvern)

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Vision Stonnington will be an inclusive, healthy, creative, sustainable and smart community. Council’s vision will be implemented through four key pillars:

Community: An inclusive City that enhances the health and wellbeing of all residents, where people can feel safe, socially connected and engaged.

Liveability: The most desirable place to live, work and visit. Environment: A cleaner, safer and better environment for current and future

generations to enjoy. Economy: A City that will grow its premier status as a vibrant, innovative and

creative business community. These pillars reflect the shared priorities of our community and Council, and are consistent with our history and vision for a liveable future. For each pillar, there is a framework for our strategies, actions and measures which outline the key services and projects to be delivered to our community. The Strategic Resource Plan sets out how Council will provide the resources needed to implement strategies and actions within the Council Plan.

Councillors Cr Steven Stefanopoulos, Mayor

Cr Glen Atwell Cr Marcia Griffin Cr Jami Klisaris Cr John Chandler Cr Sally Davis Cr Judy Hindle Cr Matthew Koce Cr Melina Sehr

Page 3: Council Meeting Notice Paper - City of Stonnington...Council Meeting Notice Paper Monday 19 November 2018 at 7pm Council Chamber, Malvern Town Hall, (enter off Glenferrie Road, Malvern)

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NOTES Council business is conducted in accordance with Part 4 Division 3 of the Meeting Procedure section of Council’s General Local Law 2018 (No 1). Some copies are available with the agenda or you can find a copy on Council’s website www.stonnington.vic.gov.au under local laws. Councillors carry out the functions, powers, authorities and discretions vested with them under the Local Government Act 1989, and any other relevant legislation. Councillors impartially perform the Office of Councillor duties, in the best interests of the City of Stonnington residents to the best of their skills and judgement. Councillors must formally declare their conflicts of interest in relation to any items listed on the agenda at the start of the meeting and immediately prior to the item being considered, in accordance with Sections 77 to 79 of the Act.

READING OF THE 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. READING OF THE AFFIRMATION STATEMENT We are reminded that as Councillors we are bound by our Oath of Office to undertake the duties of Councillor in the best interests of the people of the City of Stonnington and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in us under the Local Government Act and any other relevant Act

Page 4: Council Meeting Notice Paper - City of Stonnington...Council Meeting Notice Paper Monday 19 November 2018 at 7pm Council Chamber, Malvern Town Hall, (enter off Glenferrie Road, Malvern)

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Welcome

Welcome to a Stonnington City Council meeting. These meetings are an important way to ensure that your democratically elected Councillors work for you in a fair and transparent way.

About this meeting

The first page of tonight’s agenda shows the different parts to the meeting, some of these are administrative and are required by Stonnington’s Local Law.

In the agenda you will also find a list of all the items to be discussed under ‘General Business’. Each report is written by a council officer and outlines the purpose of the report, relevant information and a recommended decision for councillors.

Council will consider the report and either accept, reject or make amendments to the recommendation. Council decisions are adopted if they receive a majority vote from the Councillors present at this meeting.

Arrangements to ensure meetings are accessible to the public

Council meetings are held at the Malvern Town Hall, corner High Street and Glenferrie Road (entry via Glenferrie Road by the door closest to the Malvern Police Station).

The Malvern Town Hall has an entrance ramp and elevators to ensure that the Council Chamber is accessible to the public. Fully accessible toilet and bathroom facilities are also available.

If you require translation, interpreting services or a hearing loop set up, please contact Council’s civic support on 03 8290 1331 to make appropriate arrangements before the meeting. To ensure that people in the chamber can follow the meetings’ proceedings, proposed alternate resolutions, also known as ‘yellows’, are displayed on a screen and microphones are used during debate.

Live webcasting

Council meetings are webcast live via Council’s website, allowing those interested to view proceedings without attending Council meetings.

This gives people who may otherwise be unable to attend access to Council decisions and debate. A recording of the meeting is available on our website after the meeting (usually within 48 hours).

Only Councillors and Council officers seated around the Council table are visible on film. People in the public gallery will not be filmed, but if you speak, you will be recorded. Visit stonnington.vic.gov.au for more information.

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Members of the gallery If you choose to attend a council meeting as a member of the public gallery, you should note the role of the Chairperson and your responsibilities under the City of Stonnington General Local Law 2018(1).

Extracts from the Local Law:

81. Gallery to be Silent

(1) Visitors must not interject or take part in the debate. (2) The gallery must be silent at all times during any Council Meeting. (3) The ring tones of mobile telephones and other devices must be turned off by people in

the gallery at all times.

88. Recording or Filming Proceedings

(1) A person must not operate an audio tape, mobile telephone or other recording or transmitting equipment or film ('a device') at any Council Meeting without first obtaining the consent of the Chairperson.

(2) Consent given under sub-clause (1) may be revoked by the Chairperson at any time during the course of a meeting.

(3) If a device is operated, or suspected of being operated, in contravention of sub-clause (1), the Chairperson may: (a) order the person operating, or suspected of operating, the device to produce

the device to the Chairperson; and (b) arrange for any matter that has been recorded on the device in contravention of

sub-clause (1) to be deleted, erased or otherwise removed from the device. (4) Subject to sub-clause (5), the Chairperson shall return any device that has been

produced to him or her pursuant to sub-clause (3) at the conclusion of the relevant Council Meeting.

(5) If the Chairperson has been unable to arrange for the matter that has been recorded on the device in contravention of sub-clause (1) to be deleted, erased or otherwise removed from the device, the device shall be returned to the person as soon as practicable after the deletion, erasure or removal has been carried out.

84. Removal from Chamber of a Councillor or Member of the Public

The Chairperson, or Council in the case of a suspension under clause 82, may ask any Authorised Officer or member of Victoria Police to remove from the meeting (including the gallery): (1) any person who the Chairperson has ordered to be removed under clause 82(3); or (2) any Councillor who has been suspended under clause 82 and who has not

immediately left the Council Meeting.

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50. Questions to Council from Members of the Public

(1) Questions to Council from members of the public will be considered as part of the order of business of an Ordinary Meeting only when submitted in the format outlined below: (a) Questions must be in writing and lodged at the office of the Chief Executive

Officer by 12 noon on the day of the next scheduled Ordinary Meeting. (b) A limit of five (5) questions per questioner applies. (c) Questions must include the name and address of the questioner and the date of

the question. Questions by facsimile or email are acceptable. (2) Within four (4) working days of receiving a complying question to Council from a

member of the public, the Chief Executive Officer will dispatch a notice to the member of the public who submitted the question, advising that the question has been received.

(3) At a meeting at which a question is to be considered: (a) The Chairperson will acknowledge that a question or questions have been

received from a (named) person and ask if that questioner is in the gallery. (b) If the questioner is present in the gallery, a summary of the subject matter of the

question(s) will be read out by the Chairperson and the questioner advised that a written reply to the question(s) will be issued within 14 days of that meeting date.

(c) If the questioner is not in the gallery, Council will respond to the question(s) in accordance with any standard correspondence to Council.

(4) The Chairperson has the discretion to allow a question to be asked and/or answered at the meeting that is in variance with the procedure in this Local Law.

(5) The Chairperson may refuse to acknowledge a question if, in the opinion of the Chairperson, the question is, or is potentially, defamatory, indecent, offensive, abusive, objectionable in language or substance, irrelevant, trivial, aimed at embarrassing a Councillor or a member of Council staff, outside Council’s powers or functions, has been asked at a previous Council Meeting and a reply issued, or relates to matters that come under section 89(2) of the Act.

(6) Any question relating to electoral matter during an Election Period will not be considered at any Council Meeting.

(7) A copy of the questions and responses will be tabled and inserted into the minutes of the following Council Meeting.

47. Open Meetings

(1) Subject to sub-clause (2), Council Meetings must be open to members of the public pursuant to section 89(1) of the Act.

(2) Council may resolve, under section 89(2) of the Act, that a meeting be closed to members of the public if Confidential Business is to be discussed.

Your cooperation is appreciated, we hope you enjoy the meeting.

Mayor and Councillors, Stonnington City Council

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Council Meeting

Notice Paper

Monday 19 November 2018

Order of Business and Index

a) Reading of the Reconciliation Statement and Affirmation Statement

b) Introductions

c) Apologies

d) Adoption and confirmation of minutes of previous meeting(s) in accordance with Section 93 of the Act and Clause 49 of General Local Law 2018 (No 1)

1. MINUTES OF THE COUNCIL MEETING HELD ON 29 OCTOBER 2018 ...................................................... 9

2 MINUTES OF THE CONFIDENTIAL COUNCIL MEETING HELD ON 29 OCTOBER 2018………………..3

3. MINUTES OF THE SPECIAL MEETING HELD ON 8 NOVEMBER 2018 ...................................................... 9

e) Disclosure by Councillors of any conflicts of interest in accordance with Section 79 of the Act1

f) Questions to Council from Members of the Public (Clause 50 of General Local Law 2018 (No 1)

g) Correspondence – (only if related to council business)

h) Questions to Council Officers from Councillors

i) Tabling of Petitions and Joint Letters

j) Notices of Motion

k) Reports of Special and Other Committees; - Assembly of Councillors

l) Reports by Delegates

m) General Business including Other General Business

1. PLANNING APPLICATIONS 657/18, 658/18, 659/18, 660/18, 661/18, 662/18, 663/18 AND

0664/18 - CHADSTONE SHOPPING CENTRE, 1341 DANDENONG ROAD, MALVERN EAST –

RESTAURANT AND CAFÉ LIQUOR LICENCES ................................................................................... 10

2. PLANNING PERMIT 1385/98 - 1- 427-435 MALVERN ROAD, SOUTH YARRA VIC 3141- USE OF

GROUND AND FIRST FLOOR LEVEL AS A MEDICAL CENTRE ................................................................ 29

3. PLANNING APPLICATION 0477/18 - 423-425 MALVERN ROAD, SOUTH YARRA - CONSTRUCTION

OF A MIXED USE DEVELOPMENT IN THE COMMERCIAL 1 ZONE, ALTERATION OF ACCESS TO A

ROAD ZONE CATEGORY 1, AND A REDUCTION IN THE CAR PARKING REQUIREMENTS .......................... 41

4. PLANNING APPLICATION 0971/17 - 1181-1183 MALVERN ROAD, MALVERN - CONSTRUCTION

OF A MULTI-DWELLING DEVELOPMENT IN A GENERAL RESIDENTIAL ZONE ......................................... 59

5. PLANNING PERMIT 0297/15 - 1579-1581 MALVERN ROAD, GLEN IRIS VIC 3146- SECTION 72

AMENDMENT TO APPROVED PLANS COMPRISING ALTERATIONS AND ADDITIONS AT ALL LEVELS

AND REDUCTION IN THE NUMBER OF DWELLINGS .............................................................................. 85

6. HERITAGE STRATEGY UPDATE ...................................................................................................... 105

7. VCAT QUARTERLY REPORT - APRIL 2018 TO SEPTEMBER 2018 (2ND AND 3RD QUARTERS) .......... 111

8. CONSIDERATION OF SUBMISSIONS FOR THE PROPOSED CHANGE IN TRAFFIC CONDITIONS FOR

WATTLE STREET BETWEEN IZETT STREET AND CHAPEL STREET PRAHRAN ................................... 113

1 Note that s.79(1)(a) of the Act requires Councillors to disclose the nature of a conflict of interest immediately before the relevant consideration or discussion.

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9. CONSIDERATION OF THE PREFERRED LOCATION OF THE TENNIS WALL WITHIN CAROLINE

GARDENS .................................................................................................................................... 117

10. SUTHERLAND ROAD, ARMADALE BETWEEN WATTLETREE ROAD AND CAMBRIDGE STREET - FOLLOW UP PARKING INVESTIGATION ........................................................................................... 127

11. BROOKVILLE KINDERGARTEN - GREEN ROOM ............................................................................... 133

12. FINANCIAL REPORT FOR THE PERIOD ENDING 30 SEPTEMBER 2018 .............................................. 137

13. REPORT ON THE 2017/2018 COMMUNITY GRANTS PROGRAM ........................................................ 141

14. PRAHRAN MARKET OPERATING REPORT TO COUNCIL FOR THE QUARTER ENDED 30

SEPTEMBER2018 ......................................................................................................................... 143

n) Urgent Business

o) Confidential Business

1. PRAHRAN MARKET FINANCIAL REPORT TO COUNCIL FOR THE QUARTER ENDED 30 SEPTEMBER

2018 ........................................................................................................................................... 145

Page 9: Council Meeting Notice Paper - City of Stonnington...Council Meeting Notice Paper Monday 19 November 2018 at 7pm Council Chamber, Malvern Town Hall, (enter off Glenferrie Road, Malvern)

GENERAL BUSINESS 19 NOVEMBER 2018

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RECOMMENDATION That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 29 October 2018, Minutes of the Confidential Meeting of the Stonnington City Council held on 29 October 2018 and Minutes of the Special Council Meeting of the Stonnington City Council held on 8 November 2018 as an accurate record of the proceedings.

Page 10: Council Meeting Notice Paper - City of Stonnington...Council Meeting Notice Paper Monday 19 November 2018 at 7pm Council Chamber, Malvern Town Hall, (enter off Glenferrie Road, Malvern)

GENERAL BUSINESS 19 NOVEMBER 2018

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m) General Business

1. PLANNING APPLICATIONS 657/18, 658/18, 659/18, 660/18, 661/18, 662/18, 663/18

AND 0664/18 - CHADSTONE SHOPPING CENTRE, 1341 DANDENONG ROAD, MALVERN

EAST – RESTAURANT AND CAFÉ LIQUOR LICENCES

Planning Appeals Coordinator: Jun Yu General Manager Planning & Amenity: Stuart Draffin

PURPOSE For Council to consider eight (8) planning permit applications for restaurant and café liquor licences associated with eight different restaurant / cafe (as of right use) tenancies in a Commercial 1 Zone at Chadstone Shopping Centre, 1341 Dandenong Road, Malvern East. This item was considered at the Council meeting of 29 October 2018. The application is now re-presented to Council for further consideration. Executive Summary Applicant: Urbis Pty Ltd Ward: East Zone: Commercial 1 Zone Overlay: Incorporated Plan Overlay – Schedule 2 (Chadstone

Shopping Centre) Date lodged: 27 June 2018 Statutory days: 80 Trigger for referral to Council:

Application of Councillor interest

Patron Numbers: Tenancy FB180 – 71 Tenancy FB181 – 60 Tenancy FB182 – 60 Tenancy FB183 – 42 Tenancy FB184 – 129 Tenancy KO124 - 24 Tenancy KO125 – 24 Tenancy KO126 – 57

TOTAL 467 Number of objections: None – Exempt from Public Notice Officer Recommendation: Issue Planning Permits BACKGROUND The Proposal This report considers eight different planning permit applications for liquor licences within eight different tenancies within the Chadstone Shopping Centre. More specifically the tenancies are located within the area known as The Atrium, which was approved by way of Planning Permit 956/17. This area is currently under construction.

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GENERAL BUSINESS 19 NOVEMBER 2018

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The plans that form part of the basis of Council's consideration were prepared by Buchan Group and are described below. The plans are stamped with Council’s received stamp dated 12 September 2018.

Application 657/18 Tenancy FB180 ATP10020 - 10021 Application 658/18 Tenancy FB181 ATP10022 - 10023 Application 659/18 Tenancy FB182 ATP10024 - 10025 Application 660/18 Tenancy FB183 ATP10026 - 10027 Application 661/18 Tenancy FB184 ATP10028 - 10029 Application 662/18 Tenancy KO124 ATP10030 - 10031 Application 663/18 Tenancy KO125 ATP10032 - 10033 Application 664/18 Tenancy KO126 ATP10034 – 10035

The applications were also accompanied by a Liquor Management Plan (LMP) for the whole Chadstone Shopping Centre. The applications propose restaurant and cafe liquor licences associated with use of the land as a cafe I restaurant (as of right) in a Commercial 1 Zone. The details of each application is summarised in the table below.

Application No. Tenancy Ref. Floor

Area

Public Floor

Area

Patron

No.’s

Hours of

Operation

Application 657/18 Tenancy FB180 165 95 71 11am to 1am

Application 658/18 Tenancy FB181 110 80 60 11am to 1am

Application 659/18 Tenancy FB182 121 80 60 11am to 1am

Application 660/18 Tenancy FB183 112 56 42 11am to 1am

Application 661/18 Tenancy FB184 257 172 129 11am to 1am

Application 662/18 Tenancy KO124 72 32 24 11am to 1am

Application 663/18 Tenancy KO125 71 32 24 11am to 1am

Application 664/18 Tenancy KO126 157 76 57 11am to 1am

The proposed combined maximum patron capacity is 467. The applications do not propose any building works. Site and Surrounds Chadstone Shopping Centre is located on the north side of Dandenong Road (Princes Highway), Malvern East. It occupies an irregularly shaped lot which has a total area of approximately 27 hectares. The site is dominated by one building, positioned diagonally, which is generally surrounded by open air and multi-level car parking. An internal ring road extends around the boundary of the land, allowing for vehicles to circulate within the site, and enter and exit from the east, west and south.

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Broadly, the immediate interfaces of Chadstone Shopping Centre are summarised below:

Areas immediately to the north, east and west of the Centre are primarily residential, with the exception of a medical centre on Chadstone Road and a ‘McDonalds’ restaurant located on the north-west corner of the intersection of Dandenong and Chadstone Roads.

Princes Highway is adjacent to the subject land to the south. On the opposite side of the Princes Highway is a residential areas which are part of the City of Monash.

As noted above, the subject tenancies are a part of the area of the Centre known as the Atrium. The approved Atrium is located over two levels generally to the north of the existing Myer car park on the southeast of the Centre. Each of the relevant tenancies is internal to the Chadstone Shopping Centre. They are separated from the nearby Myer car park by common back of house areas. Previous Planning Applications Chadstone Shopping Centre has an extensive planning history. Most relevant to the current applications is Planning Permit 956/17 which allows the reconstruction of the area containing the subject tenancies (the Atrium). More specifically (among other things) this permit allows for modification to existing shop tenancies in the East Mall and the Atrium food court to extend the floor area and create new individual food and drink tenancies. It is also relevant to note that various planning permits have been issued previously to allow for the service of liquor within Chadstone Shopping Centre. There are currently 35 premises with a liquor licence within the Chadstone Shopping Centre. Inclusive of the subject applications, and other developments currently underway (such as the West Piazza), the Shopping Centre will have 44 licensed premises, as follows:

Restaurant and Café Licence 23

On-Premises Licence 2

General Liquor Licence 1

Packaged Liquor Licence 4

Limited Licence 5 The Title The site is described as Lot 1 on Title Plan 824914 (Volume 11259, Folio 101) and there are restrictions which affect the land including Covenant A718781, which relates to the purchase price of the land. The subject applications will not breach any of the restrictions on title. Planning Controls The following controls/permit triggers are considerations for this application: Zone Clause 34.01 - Commercial 1 Zone

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Pursuant to Clause 34.01-1 a planning permit is not required to use the land as a cafe or restaurant. Overlays Clause 43.03 - Incorporated Plan Overlay (Schedule 2) Pursuant to Clause 43.03-1, a permit must not be granted to use or subdivide land, construct a building or construct or carry out works until an Incorporated Plan has been incorporated into the Planning Scheme. The relevant Incorporated Plan is known as the Chadstone Shopping Centre Incorporated Plan (August 2012). The Incorporated Plan outlines a building envelope for the Centre, specifies building heights and setbacks from boundaries and includes details for the locations for allowable uses. Pursuant to Clause 43.03 a permit granted must:

Be generally in accordance with the Incorporated Plan, unless a schedule to this overlay specifies otherwise.

Include any conditions or requirements specified in a schedule to this overlay. The proposed licensed restaurants / cafes are within the area designated for allowable uses as shown on the approved Incorporated Plan (August 2012). Allowable uses including ‘shop’, and ‘food and drink premises’. The service of liquor is a function which is ‘part and parcel’ of a food and drink premises. Schedule 2 to the IPO does not stipulate any specific conditions or requirements relevant to an application for a liquor licence. It is considered that this proposal accords with the Incorporated Plan. Particular Provisions Clause 52.27 - Licensed Premises Pursuant to Clause 52.27 a permit is required to use land to sell or consume liquor. Relevant Planning Policies Clause 11.03 Activity Centres Clause 17.01 Diversified Economy – Metropolitan Melbourne Clause 17.02 Commercial Clause 21.03 Vision Clause 21.04 Economic Development Clause 22.10 Licensed Premises Policy Clause 22.11 Chadstone Commercial Centre Policy Clause 52.27 Licensed Premises Clause 65 Decision Guidelines

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Advertising The application was not advertised as it is exempt under Clause 43.03-2 of the Incorporated Plan Overlay, which states:

An application under any provision of this scheme which is generally in accordance with the incorporated plan is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act.

As noted above, the subject applications are generally in accordance with the Incorporated Plan. The applications are therefore exempt from the usual provisions regarding notice, submission and review. Given the subject tenancies are wholly contained within the existing shopping centre building, it is also not considered necessary to notify the adjoining properties under Clause 22.11 (Chadstone Commercial Centre Policy) of the Planning Scheme. Referrals Community and Health Council’s Community and Health Planner provided extensive comments on the original application material. It was concluded that the proposition to operate each of the eight proposed venues under a restaurant and café licence is generally supported however, raised one issue. The item raised was that originally the whole of each tenancy’s floor area was used to calculate the proposed seating area. Restaurants and cafes operate under specific licensing conditions requiring them to provide tables and chairs for at least 75% of the patrons attending at any one time. The original application material did not differentiate between ‘areas available to the public’ and ‘back of house areas’. Consequently the originally proposed patron numbers were significantly higher than now proposed (a combined total of 1417 patrons, rather than 467 patrons). Revised plans have now been submitted to rectify this issue. Council’s Community and Health Planner also advised (in summary):

The proposed hours of operation for each of the eight restaurants are consistent with

Clause 22.10-5 and appropriate for the location and are supported.

The planning permit must specify that hours of alcohol service match hours of food service to ensure that food and meals are provided at all times when alcohol is available.

The risk of adverse impacts on safety and amenity increases with later hours of opening.

Applications for Temporary Limited Licenses from tenants seeking to extend trading

hours to after 1am, associated with one off events such as ‘marathon’ shopping in the

lead up to Christmas will not be supported.

KEY ISSUES Chadstone Shopping Centre (the Centre) is subject to the Commercial 1 Zone (C1Z) and is an identified Principal Activity Centre. The Municipal Strategic Statement recognises the importance of licensed premises in contributing to the vibrancy and economic strength of the municipality.

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Within the C1Z, a restaurant can operate on an unrestricted basis given it is a Section 1 Permit Not Required use. The consideration of this application therefore only relates to the potential impacts associated with the proposed liquor licences. Pursuant to Clause 22.10 (Licenced Premise Policy) it is policy that the operation of licensed premises should have no unreasonable impact on the amenity and safety of surrounding uses. As noted already there are various liquor licences operating within the Centre. In principle, the Centre is an appropriate location to provide licensed uses, as it offers an extensive and diverse range of services to the local and wider community. Licenced uses are a secondary and relatively minor component of the Centre as a whole, which is significantly dominated by shops. For this reason, while there are eight licences being simultaneously sought, it is not considered that the introduction of these licenses will result in a saturation of venues within the Centre. Rather the introduction of Restaurant and Café Licences will complement the existing offer of services within this Principal Activity Centre. In a scale of licensed uses, a Restaurant and Café Licence, is at the lower end of intensity given, by definition, the predominant activity carried out at all times within the tenancy must be the preparation and serving of meals for consumption on the premises. The service of liquor must be ancillary to this primary function. This requirement should be reinforced by conditions upon each permit. The proposed liquor licences are for tenancies situated internally to the Centre, which reduces the potential for immediate off site impacts. The Centre sits directly to the north of the Princes Highway and is largely surrounded by expansive car parks. The Centre is also predominantly accessed by vehicles, and supported by public transport in the form of buses. These applications are not expected to result in anti-social behaviour within the local residential areas. The operation of the new Chadstone Hotel (currently under construction and approved by Planning Permit 905/12) is also likely to act synergistically with the licensed restaurants and will contribute to some of their demand. These applications result from the Centre’s recent move away from typical ‘food court’ food and beverage arrangements, to more purpose built restaurant facilities. The subject tenancies are enclosed, individual tenancies, the type which are often expected to provide liquor with meals. The subject tenancies are located within the new Atrium space, which is on the southeast side of the Centre. The subject tenancies themselves do not abut an exterior wall of the existing building. They are also located almost 200m away from the nearest residential use in Woodlands Grove and Castlebar Road. Occupants inside the tenancies themselves therefore, will not produce impacts which would have implications for the amenity of existing residents. The context of the site contrasts with strip shopping centres or stand alone premises where there is usually a closer relationship to sensitive uses and access often relies upon patrons traversing residential streets. While some local residents are likely to utilise the licensed premises, it is likely that most patrons of the subject tenancies will park in the nearby Myer car park. Most vehicles will access the Centre via main roads, being Middle Road through to Warrigal Road, Chadstone Road and / or Dandenong Road.

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The Centre has developed provisions for the management of patrons moving around the Centre in the evening along major internal walkways, dining areas, parking areas and the bus interchange. Existing security will be maintained, and will prevent access to closed areas of the Centre and also manage any on site noise or other disturbances. The type of liquor licence being sought assists to justify the proposal for trading until 1am. Council’s Licensed Premises Policy (Clause 22.10) discourages trading after 11:00pm adjacent to a residential zone unless the Responsible Authority is satisfied that the use will not adversely affect the amenity of the area. This clause also states that if trading after 11pm is sought it is preferred that it occur in a Principal or Major Activity Centre. The clause lends weight to the hours being sought. It is considered that the proposed operating hours can be supported in this case given the location of the subject tenancies within the centralised and highly regulated environment of Chadstone Shopping Centre. The Centre currently manages its own security systems which endeavour to ensure the safety of customers. Based on the current security arrangements, the Centre is better placed than other typical licensed venues in the municipality to be able to effectively manage patrons and deter adverse amenity impacts. The broader Centre has a vested interest in the safe and appropriate operation of each tenancy. This operation will also be guided through the implementation of the Chadstone Liquor Management Plan (CLMP) which was submitted to Council as part of its consideration of these applications. The CLMP includes details of Centre Security, Emergency Procedures and Transport Access, also includes a list of Expectations for Licensees. These expectations generally mirror State licencing regulation (for example regarding responsible service of alcohol) and also includes a ‘Commitment to Being a Good Neighbour’, which states that licensees will respect local amenity and reduce the risk of disruptive behaviour by patrons. The CLMP is not just intended to manage the eight subject applications, but all existing and future liquor licences operating within the Centre. It does not therefore need to be endorsed under any of the subject planning permits but it will continue to provide a memorandum of understanding between the Centre and Council as to what obligations will be met. The CLMP states that it is intended to be implemented through the following:

All licensed venue managers (participants) will be issued with a copy of the Liquor Management Plan. A quarterly participant meeting will be hosted by the Operations Manager – Compliance & Experience at the Chadstone Centre Management Office located on level 2 of the Central Office Tower. An invitation will be extended to the local police and City of Stonnington Ward Councillors.

Officers requested an amendment to the CLMP to ensure that planning officers are also invited to these meetings. An updated CLMP dated 12 October 2018 has been submitted to Council. The CLMP is considered to provide a sound basis for the ongoing safe and harmonious operation of licenced premises within the Centre. It should also be noted that that the proposed hours and patron numbers represent the maximum intensity and will not be achieved on the vast majority of evenings. For the foregoing reasons it is not expected that the introduction of these licences will adversely affect the current levels of activity or noise omitted from the Centre as a whole.

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GENERAL BUSINESS 19 NOVEMBER 2018

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It is noted that Council’s Community and Health Planner has suggested that ‘one off’ extensions to the operation hours will not be supported. This position has been conveyed to the permit applicant. Importantly, this cannot form a condition of approval as this does not form part of the application under consideration. Subject to the conditions listed above, the proposal is deemed to meet the decision guidelines set out at Clause 52.27 and the local policy objectives of the Local Planning Policy Framework, specifically the decision guidelines at Clause 22.10 (Licensed Premises Policy) and can be supported. CONCLUSION Having assessed the applications against the relevant planning controls, it is recommended that the proposals be supported. Subject to conditions, the proposals are deemed to meet the objectives of planning policy as it relates to licensed premises and represent an appropriate outcome for the site. Human Rights Consideration This application has been assessed in accordance with the requirements of the Planning and Environment Act 1987 (including the Stonnington Planning Scheme), reviewed by the State Government and which complies with the Charter of Human Rights and Responsibilities Act 2006.

ATTACHMENTS

⇨1. Planning Applications 657/18-664/18 - Chadstone Shopping Centre Plans

RECOMMENDATION A That a Planning Permit No: 657/18 for the land located at Chadstone Shopping Centre, Tenancy FB180, 1341 Dandenong Road, Malvern East be issued under the Stonnington Planning Scheme for a Restaurant and Cafe Liquor Licence associated with a Restaurant / Cafe (as of right use) in a Commercial 1 Zone subject to the following conditions: 1. The plans endorsed to accompany the permit must not be amended without the

written consent of the Responsible Authority.

2. Without the prior written consent of the Responsible Authority, the sale and consumption of liquor shall only occur within the licensed area between the hours of: 11:00am and 1:00am Monday to Sunday

3. A maximum number of 71 patrons are to be housed within this tenancy at any

one time.

4. 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.

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GENERAL BUSINESS 19 NOVEMBER 2018

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5. 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.

6. The emission of noise or any other emission to the environment derived from

activities on the site must conform to standards contained in the appropriate State Environment Protection Policy or Policies at all times.

7. 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.

8. The licensed premises must adhere to the overarching principles set out in the

Chadstone Liquor Management Plan to the satisfaction of the Responsible Authority.

9. 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.

NOTES: A. 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 Council’s Health Services.

B. 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.

C. 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.

RECOMMENDATION B That a Planning Permit No: 658/18 for the land located at Chadstone Shopping Centre, Tenancy FB181, 1341 Dandenong Road, Malvern East be issued under the Stonnington Planning Scheme for a Restaurant and Cafe Liquor Licence associated with a Restaurant / Cafe (as of right use) in a Commercial 1 Zone subject to the following conditions:

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1. The plans endorsed to accompany the permit must not be amended without the

written consent of the Responsible Authority.

2. Without the prior written consent of the Responsible Authority, the sale and consumption of liquor shall only occur within the licensed area between the hours of: 11:00am and 1:00am Monday to Sunday

3. A maximum number of 60 patrons are to be housed within this tenancy at any

one time.

4. 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.

5. 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.

6. The emission of noise or any other emission to the environment derived from

activities on the site must conform to standards contained in the appropriate State Environment Protection Policy or Policies at all times.

7. 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.

8. The licensed premises must adhere to the overarching principles set out in the

Chadstone Liquor Management Plan to the satisfaction of the Responsible Authority.

9. 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.

NOTES: A. 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 Council’s Health Services.

B. 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.

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GENERAL BUSINESS 19 NOVEMBER 2018

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C. 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.

RECOMMENDATION C That a Planning Permit No: 659/18 for the land located at Chadstone Shopping Centre, Tenancy FB182, 1341 Dandenong Road, Malvern East be issued under the Stonnington Planning Scheme for a Restaurant and Cafe Liquor Licence associated with a Restaurant / Cafe (as of right use) in a Commercial 1 Zone subject to the following conditions: 1. The plans endorsed to accompany the permit must not be amended without the

written consent of the Responsible Authority.

2. Without the prior written consent of the Responsible Authority, the sale and consumption of liquor shall only occur within the licensed area between the hours of: 11:00am and 1:00am Monday to Sunday

3. A maximum number of 60 patrons are to be housed within this tenancy at any

one time.

4. 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.

5. 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.

6. The emission of noise or any other emission to the environment derived from

activities on the site must conform to standards contained in the appropriate State Environment Protection Policy or Policies at all times.

7. 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.

8. The licensed premises must adhere to the overarching principles set out in the

Chadstone Liquor Management Plan to the satisfaction of the Responsible Authority.

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GENERAL BUSINESS 19 NOVEMBER 2018

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9. 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.

NOTES: A. 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 Council’s Health Services.

B. 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.

C. 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.

RECOMMENDATION D That a Planning Permit No: 660/18 for the land located at Chadstone Shopping Centre, Tenancy FB183, 1341 Dandenong Road, Malvern East be issued under the Stonnington Planning Scheme for a Restaurant and Cafe Liquor Licence associated with a Restaurant / Cafe (as of right use) in a Commercial 1 Zone subject to the following conditions: 1. The plans endorsed to accompany the permit must not be amended without the

written consent of the Responsible Authority.

2. Without the prior written consent of the Responsible Authority, the sale and consumption of liquor shall only occur within the licensed area between the hours of: 11:00am and 1:00am Monday to Sunday

3. A maximum number of 42 patrons are to be housed within this tenancy at any

one time.

4. 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.

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GENERAL BUSINESS 19 NOVEMBER 2018

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5. 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.

6. The emission of noise or any other emission to the environment derived from

activities on the site must conform to standards contained in the appropriate State Environment Protection Policy or Policies at all times.

7. 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.

8. The licensed premises must adhere to the overarching principles set out in the

Chadstone Liquor Management Plan to the satisfaction of the Responsible Authority.

9. 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.

NOTES: A. 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 Council’s Health Services.

B. 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.

C. 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.

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GENERAL BUSINESS 19 NOVEMBER 2018

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RECOMMENDATION E That a Planning Permit No: 661/18 for the land located at Chadstone Shopping Centre, Tenancy FB184, 1341 Dandenong Road, Malvern East be issued under the Stonnington Planning Scheme for a Restaurant and Cafe Liquor Licence associated with a Restaurant / Cafe (as of right use) in a Commercial 1 Zone subject to the following conditions: 1. The plans endorsed to accompany the permit must not be amended without the

written consent of the Responsible Authority.

2. Without the prior written consent of the Responsible Authority, the sale and consumption of liquor shall only occur within the licensed area between the hours of: 11:00am and 1:00am Monday to Sunday

3. A maximum number of 129 patrons are to be housed within this tenancy at any

one time.

4. 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.

5. 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.

6. The emission of noise or any other emission to the environment derived from

activities on the site must conform to standards contained in the appropriate State Environment Protection Policy or Policies at all times.

7. 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.

8. The licensed premises must adhere to the overarching principles set out in the

Chadstone Liquor Management Plan to the satisfaction of the Responsible Authority.

9. 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.

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GENERAL BUSINESS 19 NOVEMBER 2018

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NOTES: A. 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 Council’s Health Services.

B. 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.

C. 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.

RECOMMENDATION F That a Planning Permit No: 662/18 for the land located at Chadstone Shopping Centre, Tenancy KO124, 1341 Dandenong Road, Malvern East be issued under the Stonnington Planning Scheme for a Restaurant and Cafe Liquor Licence associated with a Restaurant / Cafe (as of right use) in a Commercial 1 Zone subject to the following conditions: 1. The plans endorsed to accompany the permit must not be amended without the

written consent of the Responsible Authority.

2. Without the prior written consent of the Responsible Authority, the sale and consumption of liquor shall only occur within the licensed area between the hours of: 11:00am and 1:00am Monday to Sunday

3. A maximum number of 24 patrons are to be housed within this tenancy at any

one time.

4. 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.

5. 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.

6. The emission of noise or any other emission to the environment derived from

activities on the site must conform to standards contained in the appropriate State Environment Protection Policy or Policies at all times.

7. 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.

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GENERAL BUSINESS 19 NOVEMBER 2018

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8. The licensed premises must adhere to the overarching principles set out in the

Chadstone Liquor Management Plan to the satisfaction of the Responsible Authority.

9. 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.

NOTES: A. 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 Council’s Health Services.

B. 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.

C. 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.

RECOMMENDATION G

That a Planning Permit No: 663/18 for the land located at Chadstone Shopping Centre, Tenancy KO125, 1341 Dandenong Road, Malvern East be issued under the Stonnington Planning Scheme for a Restaurant and Cafe Liquor Licence associated with a Restaurant / Cafe (as of right use) in a Commercial 1 Zone subject to the following conditions: 1. The plans endorsed to accompany the permit must not be amended without the

written consent of the Responsible Authority.

2. Without the prior written consent of the Responsible Authority, the sale and consumption of liquor shall only occur within the licensed area between the hours of: 11:00am and 1:00am Monday to Sunday

3. A maximum number of 24 patrons are to be housed within this tenancy at any

one time.

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GENERAL BUSINESS 19 NOVEMBER 2018

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4. 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.

5. 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.

6. The emission of noise or any other emission to the environment derived from

activities on the site must conform to standards contained in the appropriate State Environment Protection Policy or Policies at all times.

7. 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.

8. The licensed premises must adhere to the overarching principles set out in the

Chadstone Liquor Management Plan to the satisfaction of the Responsible Authority.

9. 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.

NOTES: A. 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 Council’s Health Services.

B. 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.

C. 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.

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RECOMMENDATION H That a Planning Permit No: 664/18 for the land located at Chadstone Shopping Centre, Tenancy KO126, 1341 Dandenong Road, Malvern East be issued under the Stonnington Planning Scheme for a Restaurant and Cafe Liquor Licence associated with a Restaurant / Cafe (as of right use) in a Commercial 1 Zone subject to the following conditions: 1. The plans endorsed to accompany the permit must not be amended without the

written consent of the Responsible Authority.

2. Without the prior written consent of the Responsible Authority, the sale and consumption of liquor shall only occur within the licensed area between the hours of: 11:00am and 1:00am Monday to Sunday

3. A maximum number of 57 patrons are to be housed within this tenancy at any

one time.

4. 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.

5. 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.

6. The emission of noise or any other emission to the environment derived from

activities on the site must conform to standards contained in the appropriate State Environment Protection Policy or Policies at all times.

7. 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.

8. The licensed premises must adhere to the overarching principles set out in the

Chadstone Liquor Management Plan to the satisfaction of the Responsible Authority.

9. 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.

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NOTES: A. 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 Council’s Health Services.

B. 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.

C. 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.

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2. PLANNING PERMIT 1385/98 - 1- 427-435 MALVERN ROAD, SOUTH YARRA VIC 3141- USE OF GROUND AND FIRST FLOOR LEVEL AS A MEDICAL CENTRE

Planning Appeals Coordinator: Jun Yu General Manager Planning & Amenity: Stuart Draffin

PURPOSE For Council to consider a planning amendment application for ground floor buildings and works, reduction in the standard car parking requirement, a waiver from the loading bay requirement, and deletion of condition 9 at 427-435 Malvern Road, South Yarra. Executive Summary Applicant: DWH Aitken & Associates P/L Ward: North Zone: Commercial 1 Overlay: None Neighbourhood Precinct: N/A Date lodged: 23 November 2017 Statutory days: (as at council meeting date)

160

Trigger for referral to Council: 7 or more objections Cultural Heritage Plan No Number of objections: 12 Consultative Meeting: Yes – held on 28 August 2018 Officer Recommendation: Issue a Notice of Decision to Amend a Planning Permit BACKGROUND The Proposal The plans that form part of the basis of Council's consideration were prepared by DWH Aitken and are known as Drawing Nos: TP3-4, 4-4, 1-2, 2-2 and Council date stamped 23 November 2017 and 3 May 2018. Key features of the proposal are:

Retrospective use of the ground and first floor level of the existing three storey building for a Medical Centre. The total leasable floor area is 1711 sqm.

Retrospective buildings and works generally associated with the removal of the loading bay from McKillop Street. Access to this basement is via swipe or key code.

Retrospective approval of the construction of the substation within basement level 1, in place of three car parking spaces (now 59 car spaces provided on the land and not 62).

The lower two levels that form the basis of this amendment are split into three tenancies:

o I-Med (ground and first floor level – all of ground level and tenancy 1 and 4

(future) at first floor level);

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o Lifecare (first floor only – tenancy 2);

o Melbourne Pathology (first floor only – tenancy 3).

A further plan dated 5 October 2018 shows greater detail in relation to these tenancies. Should an amended permit issue, a condition will require the plans be updated to include this information.

The provision of 43 spaces within the two levels of basement, with the allocation to be as follows:

o 34 spaces for the I-MED at ground and first floor level (including the future

tenancy);

o 8 spaces for the Lifecare tenancy;

o 1 space for Melbourne Pathology.

Condition 9 of the Planning Permit, to be deleted, reads as follows:

“The loading and unloading of vehicles and the delivery of goods to and from the premises shall at all times be carried on entirely within the site and be so conducted as to cause minimum interference with other vehicular traffic”.

Although it has not been specifically applied for, the Permit preamble will need to be amended to refer to the 59 spaces actually provided on the land (62 spaces noted as being available). This is in reference to the construction of the substation.

This application has been made following Planning Enforcement action.

The subject proposal only relates to the lower two levels and does not include the top level, which is operated by a separate tenancy. The lease for the top level includes 16 car spaces, which is the balance of that provided by the subject proposal.

To deal with this, it is recommended that a permit preamble refers to permission for dispensation for the lower two levels only – and not to the top level. Site and Surrounds The site is located on the northern side of Malvern Road, at the corner with Hobson Street, South Yarra. The site has the following significant characteristics:

A regularly shaped site with an area of 1066sqm.

A three storey building comprising the entire footprint of the site (the top level is marginally smaller than the lower two levels).

Two levels of basement containing car parking and waste facilities, accessed from McKillop Street.

The subject site, as it relates to this amendment application, does not include the top level of the three storey building. Previous Planning Application 331/17 Business Identification Signage to an existing medical centre – Permit issued 3

November 2017. These signs have been erected. History of Current Application

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The current planning permit was approved by Council at its Ordinary Meeting of 26 April 1999. Following a VCAT hearing on 2 August 1999, a planning permit for the use and development of a three storey building over two basement levels (62 cars) for Office/Warehouse/Showroom/Café. Thiswas issued on 19 August 1999. The Title The site is described on Certificate of Title Volume 10492 Folio 835 and no covenants or easements affect the land. Planning Controls The following controls/permit triggers are considerations for this application: Commercial 1 Zone Pursuant to Clause 34.01-4, a permit is required for buildings and works. A permit is not required to use the site as a Medical Centre (which falls under ‘office’ at Clause 73.03). Car Parking Pursuant to Clause 52.06-3, a permit is required to reduce the number of spaces required in the table. A Medical Centre is specifically listed, requiring 3.5 spaces per 100sqm leasable floor area. Given the leasable floor area of the ground and first floor levels totals 1711sqm, a total of 59 car spaces are required. The proposed uses are provided with 43 spaces and thus the proposal seeks a reduction of 16 spaces. It is noted that at the time this application was lodged (and advertised), Clause 52.06 required Medical Centres to be provided with car parking at a different rate (5 spaces for the first person providing medical services and 3 spaces for each person thereafter). This generated a standard requirement for 62 spaces. However, Planning Scheme Amendment VC148, introduced by the State Grovernment, brought into effect changes to Clause 52.06 including the change to the car parking rate detailed above (3.5 spaces per 100sqm). No transitional provisions exist within Clause 52.06 and thus it is the 3.5 spaces per 100sqm requirement that prevails and is to be referenced in this assessment. Loading bay Similarly, at the time that the amendment application was lodged (and advertised), a Permit was required to reduce or waive the Loading Bay requirements at Clause 52.07. However, this provision was repealed as part of Amendment VC148 (brought in by the State Government). Bicycle parking Pursuant to Clause 52.34, a permit is required to reduce or waive the number of spaces required by a proposal. A Medical Centre requires one employee space for each 8 practitioners, and one visitor space for each 4 practitioners. Based on the application material, 20 practitioners are to operate from the premises. This results in a requirement for 3 staff spaces and 5 visitor spaces. Clause 52.34 also requires change room facilities when 5 or more employee bicycle spaces are required. As such, change room facilities are not required by this proposal.

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Whist the plans show eight bicycle spaces within the basement (four on each level), a site inspection reveals that these have been removed to provide plant in this location. In response, the Applicant has, as per information provided on 5 October 2018, stated that a dedicated room is provided for bicycle storage measuring 29sqm. This is shown in an annotated plan of the same date. Whilst it is asserted that ‘+30 bicycles’ can be provided within the space, the space is capable of providing greater than the 5 (or 3 staff) spaces required by the proposal. A condition will require the bicycle spaces to be installed and designed in accordance with Australian Standards. Relevant Planning Policies Clause 21.06 Built Environment and Heritage Clause 21.08 Infrastructure Clause 52.06 Car Parking Advertising The application has been advertised pursuant to Section 52 of the Planning and Environment Act 1987 by sending notices to the owners and occupiers of adjoining land (and by placing 3 sign(s) on the site). The public notification of the application has been completed satisfactorily. The site is located in North Ward and objections from 12 different properties have been received. These can be summarised as:

Car parking dispensation will strain existing on-street parking

Car parking for proposed uses is inadequate.

Measures should be taken to improve availability of on-site car spaces including:

o The number of practitioners within the building should be reduced;

o All medical centres could share the available on-site parking;

o The electrical substation recently installed on the former three spaces should

be relocated elsewhere;

o Another site obtained nearby to provide additional car parking.

The demand for on-street car parking has visibly increased since the introduction of the new uses.

Patient volume will increase as the centre becomes more established. A Consultative Meeting was held on 28 August 2018. The meeting was attended by Councillors Koce and Griffin, representatives of the applicant, objectors and a Council planning officer. The meeting did not result in any changes to the plans. Referrals Transport and Parking

The proposed 16 space shortfall is not supported.

The Traffic Impact Assessment (TIA) uses empirical rates of another facility in Berwick. There is little nexus between the Berwick facility and the subject land and the empirical rates are not accepted.

The TIA relies upon car spaces within residential areas. Such car parking areas should not be relied upon.

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It is likely that more severe parking restrictions will be installed along residential frontages in the future (including ‘PERMIT ZONES’).

The removal of parking in front of residential properties would reduce the availability of parking in the surveys completed, which was already very close to the shortfall (20 spaces available, 16 spaces shortfall).

The material indicates that to use the car park, patients will need to use an access card to enter the basement parking area. This is not considered appropriate for patient parking, as it is likely patients would instead choose to find on-street parking. Restricted access parking areas are suitable for staff use, but not for patients. (Planner note: the applicant has advised that patients are given a code to enter the basement car park upon request; or are able to use the intercom at the entry point to access the basement. Swipe cards are not necessary for patients).

Even noting the surveys undertaken and that there appears to be some limited on-street capacity at present, the question remains whether it is appropriate for a single use to occupy all remaining on-street capacity.

KEY ISSUES The key issue in this application relates principally to car parking. The buildings and works component is minor and present exclusively to McKillop Street. The extent of works is limited to the removal of the roller doors in lieu of cement sheet panels. This could be said to generally improve the appearance of the building. These works are not controversial and are supported. Car Parking As noted above, when assessed against Clause 52.06, the proposal generates a requirement for 59 car spaces. The proposed uses (operating retrospectively) are provided with 43 spaces and thus the proposal seeks a reduction of 16 spaces. As consistently held by the VCAT, car parking within Activity Centres and particularly those within inner city areas must be assessed in a centre-wide manner. Various uses within an Activity Centre are to share on-street, public and private car parking facilities – without necessarily being required to provide all of the car spaces generated as part of a proposal on the land itself. The shortfall of 16 spaces (27% of the total required) in the realm of the 43 spaces provided (72% of the total required) is considered modest. Further, the reliance of up to 16 spaces is not considered an unreasonably high proportion of the number of car spaces available within the commercial areas forming part of the survey – which totals 69 spaces. In support of the proposal, the Applicant has provided a traffic report by TTM Consulting. This firm undertook traffic counting surveys of the immediate area on Thursday 22 March 2018. As noted by Council’s Traffic Engineers, the survey included car spaces in front of residential properties. Such residential frontages will not be relied upon as part of this assessment. In summary, the traffic survey by TTM Consulting found:

The peak parking demand for on-street parking within the area is in the morning (9am) and evening (5pm).

At 9am, at least 16 spaces with a commercial frontage were available within the immediate area; 19 spaces at 5pm; and a far greater number during the middle of the day.

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Taken at its most conservative, there is an argument to suggest that the 16 space shortfall can be accommodated in the surrounding road network at the worst time of the day (9am); and more easily throughout the middle of the day. However, as stated earlier in this report, it is informative that the proposed uses are currently operating (with the exception of the first floor I-MED facility). It is understood that the medical facility was in operation for approximately one year prior to the March 2018 traffic counts. This means that the March 2018 traffic survey accounts for the parking demand of the proposed uses, with the exception of the first floor I-MED. Again, this traffic survey shows at least 16 car spaces available when the majority of the proposed uses have been in operation. In terms of this future I-MED facility, the Permit Applicant has stated that this comprises tenancy 4 as shown on the plan appended to the revised Traffic Report (and attached to this report). This tenancy has an area of 180sqm. Applying Clause 52.06, a 180sqm tenancy would generate a requirement for 6 car spaces (at 3.5 spaces per 100sqm). Based on the on-street car parking availability within the area (with a commercial frontage), the additional 6 spaces can be accommodated, with at least 10 remaining available at the worst time of the day. It is also noted, anecdotally, that Council Officers have attended the site on four separate occasions and each time have had no difficulty in obtaining a car space in close proximity to the subject land. In addition to the above, the following is relevant to the consideration of any car parking dispensation granted:

The subject site is located on the Principal Public Transport Network Area (“PPTN”) (given its location on a tram line), as well as within close walking distance of Hawksburn Railway Station;

The staff are provided with bicycle spaces in excess of the 3 required by the Scheme. This helps off-set the reduction in car parking spaces. End-of-trip bicycle facilities (i.e. shower) is provided within the first floor I-MED facility (see 5 October 2018 first floor plan), despite no statutory requirement to do so;

The area is densely populated which results in a greater likelihood for staff and patients to walk, cycle or use public transport to the facility.

In terms of the allocation of the car parking spaces, the majority of these are provided to the ground and first floor I-MED facility (34 of the 43 spaces). This is logical given the I-MED facilities occupy the majority of the floor area. A review of the website of the existing I-MED facility confirms that car parking spaces are made available to patients. The Applicant has asserted that key codes are given out to patients to access the basement upon request. Patients can also utilise the intercom to request access to the basement, which forms part of the keypad device. This arrangement is considered satisfactory. Even so, it has been noted that visitors to the Melbourne Pathology and Lifecare facilities at first floor level were not provided with basement car parking access – with the signage on the intercom indicating that the basement is for Victoria House only. In addition, observations have been made that the occupancy rate of the I-MED car parking spaces is not high – with up to half of these spaces being left vacant at various times of the day. It thereby seemed logical that all of the 43 car spaces proposed as part of this Amendment be made available for visitors of all tenancies proposed by this application to relieve demand for on-street car parking spaces.

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Council officers thereby sought clarification on this issue with the Applicant. In response, the Applicant has stated:

As of Friday 26 October 2018, the following measures will be implemented:

o Keypad access to the basement car park to be signed stating ‘VIC House /

Melbourne Pathology / Lifecare’.

o Patient parking is made available to Melbourne Pathology and Lifecare.

Should Melbourne Pathology and Lifecare car parks not be available, VIC House car parks can be used as overflow for the duration of the patients’ appointments.

These measures are considered both necessary and acceptable, and will be imposed via condition on the amended Planning Permit. Overall, the proposed on-site car parking supply is considered to adequately provide for the proposed use of the site as a medical centre, particularly given the site’s location within an established Activity Centre. Changes to the Planning Permit

Removal of condition 9

o There is no issue relating to the removal of condition 9, which referred to the pre-

existing loading bay. No permit trigger exists for loading bay dispensation for a medical centre.

Changes to the Permit Preamble to delete reference to all uses as these are now ‘as of right’.

Changes to the Permit Preamble to provide permission for the car parking dispensation associated with the ground and first floor level.

Change to the Permit Preamble and condition 6 to refer to 59 spaces instead of 62 spaces (as a result of the construction of the substation)

Change to condition 12 to remove reference to the size of the sign directing car parking at the rear of the site. Signage approved under Planning Permit 331/17 allows directional signage in excess of 0.3sqm.

Changes relating to the use of the basement car park for all proposed visitors to the various medical centres.

Objections In response to the grounds of objection not already discussed in the report, the following comments are made:

Patient volume will increase as the centre becomes more established.

o As noted above, the medical centre is already well established and has been so for

some time (approximately one year) – even at the time of the car parking counts. It is understood that up to 18 medical practitioners are operating from the building at any one – to be increased to 20 once the first floor future I-MED facility opens. It is noted that the medical centre is essentially relocated from that previously operating from the Victoria House facility some 300m to the west of the subject land. Lastly, the size of the facility is finite due to floor area. Practitioners will also be capped via permit condition due to bicycle parking rates.

The substation should be located elsewhere to reinstate three car parking spaces

o This is considered unnecessary given the reduced number of spaces within the

basement is found to be acceptable.

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Human Rights Consideration This application has been assessed in accordance with the requirements of the Planning and Environment Act 1987 (including the Stonnington Planning Scheme), reviewed by the State Government and which complies with the Charter of Human Rights and Responsibilities Act 2006. CONCLUSION Having assessed the application against the relevant planning controls, it is recommended that the proposal be supported for the following reasons:

The proposed car parking provision is acceptable

The proposed buildings and works are modest and raise no urban design issues

The proposed bicycle facilities are, subject to condition, acceptable.

ATTACHMENTS

⇨1. 1385-98 - 427-435 Malvern Road South Yarra - Attachment 1 of 1 Plans

RECOMMENDATION

That a Notice of Decision to Amend a Planning Permit No: 1385/98 for the land located at 427-435 Malvern Road South Yarra be issued under the Stonnington Planning Scheme for a car parking dispensation associated with the use of ground and first floor level as a Medical Centre. Changes to the Permit Preamble as follows (changes identified):

USE AND DEVELOPMENT OF A THREE STOREY BUILDING OVER TWO BASEMENT LEVELS (62 59 CARS) FOR OFFICE / WAREHOUSE / SHOWROOM / CAFÉ AND CAR PARKING DISPENSATION ASSOCIATED WITH THE GROUND AND FIRST FLOOR MEDICAL CENTRE USE

Changes to the Permit conditions as follows (changes identified with underline and strikethrough):

1. The use or development allowed by this permit and shown on the drawings and/or schedules endorsed to accompany the permit shall not be amended for any reason without the consent of the Responsible Authority.

2. This permit will expire if one of the following circumstances applies:

a. The development and use is/are 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.

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3. Before the use and/or development starts Within one month of the approval of

Amendment 1385/98-1 (which allows the bottom two levels of the building to be used for purposes of a Medical Centre), 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 endorsed to form part of the Permit, but modified to show: Drawing No 9828 dated 7 December. 1998 & 1 April, 1999 Plans 1.2.3.4,5.6 & 7 submitted with the application but modified to show:

the exterior treatment to a scale of at least 1:100 including details of all exterior decorations, materials, finishes and colours.

the reduction in the overall height of the building by 400mm a. the changes shown on the basement plans advertised as part of

Amendment 1385/98-1, but further modified to show: i. The bicycle spaces adjacent to the lifts deleted from the plans, as

shown in the annotated floor plan dated 5 October 2018; ii. Bicycle facilities provided within the ‘plant room’ in the

southeastern corner of Basement Level 2, as shown in the annotated floor plan dated 5 October 2018. Bicycle spaces are to be dimensioned in accordance with Australian Standards. At least eight spaces are to be provided.

b. The changes shown in the elevations advertised as part of Amendment 1385/98-1;

c. The changes at ground and first floor level as appended to the TTM Consulting traffic report dated 31 August 2018 but further modified to show:

i. The information shown in the ‘Tenancy Master Plan’ dated 5 October 2018.

d. Signage for the intercom stating that the basement car park is for all medical uses within the building, including visitors.

4. Before the use and/or development starts, areas set aside for parked vehicles

and access lanes as shown on the endorsed plans must be: i. Constructed to the satisfaction of the Responsible Authority. ii. Properly formed to such levels that they can be used in accordance with

the plans. iii. Surfaced with an all-weather sealcoat or surfaced with crushed rock

or gravel to the satisfaction of the Responsible Authority. iv. Drained and maintained to the satisfaction of the Responsible

Authority. v. Line-marked to indicate each car space and all access lanes to the

satisfaction of the Responsible Authority.

Parking areas and access lanes must be kept available for these purposes at all times.

5. In relation to the car spaces provided for the use hereby approved, the car

spaces shall be made available for customers and staff of the proposed use during the normal or specified hours of operation.

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6. This permit shall have no effect until 62 59 car parking spaces are provided to

the satisfaction of the Responsible Authority.

7. A sign advising the availability of the car parking at the site shall at all times be prominently displayed in the window of the subject premises.

8. Upon booking / appointment, all customers / patients must be made aware of

the basement car parking arrangement hereby approved by this planning permit. All reasonable measures must be applied to ensure that all customers / patients have access to any basement entry swipe cards or codes required to access the parking facility.

9. The loading and unloading of vehicles and the delivery of in to and from the

premises shall at all times be carried on entirely within the site and be so conducted as to cause minimum interference with other vehicular traffic.

9. The 43 car spaces allocated to Amendment 1385/98-1 must be made

available for all visitors associated with the approved ground and first floor medical centres.

10. Outdoor lighting must be designed, baffled and located to the satisfaction of

the Responsible Authority to prevent any adverse effect on adjoining land.

11. Concrete kerbs or other barriers must be provided to the satisfaction of the Responsible Authority to prevent direct vehicle access to an adjoining road other than by a vehicle crossing.

12. A sign(s) to the satisfaction of the Responsible Authority must be provided

directing drivers to the area set aside for car parking and must be located and maintained to the satisfaction of the Responsible Authority. The sign must not exceed 0.3 square metres.

13. Vehicles under the control of the operator of the use or the operators staff

must not be parked on McKillop Street, Malvern Road or Hobson Street.

14. All existing vehicular crossing made redundant by the building and works hereby permitted shall be broken out and re-instated as standard footpath and kerb and channel to the approval and to the satisfaction of the Responsible Authority and at the permit holders cost.

15. The vehicular crossing shall be constructed to Council's standard vehicular

crossing specifications.

16. Before the use allowed by this permit starts, landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority.

17. The garden areas shall be landscaped with trees and shrubs and shall be used

for no other purpose. The landscaping shall be established and maintained in a proper and tidy condition, to the satisfaction of the Responsible Authority.

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18. The buildings or works hereby occupied or employed, the processes carried

on, the materials and machinery used and the transportation of materials, goods and commodities to and from the premises shall not cause injury to or prejudicially affect the amenity of the locality by reasons of appearance or the emission of noise, vibration, smell, fumes. smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or the presence of vermin or otherwise, to the satisfaction of the Responsible Authority.

19. Noise emanating from the subject land shall not exceed the permissible noise

levels when determined in accordance with State Environment protection Policy (Control of Noise from Commerce. Industry and Trade) No. N-I, to the satisfaction of the Responsible Authority.

20. The installation, maintenance and/or use of any intruder alarm system shall at

all times conform with the E.P.A. Audible Intruder Alarm Regulations 1978.

21. Airconditioning and other plant and equipment installed on the subject buildings shall be so positioned and baffled so that no noise disturbance is caused to occupiers of adjoining properties.

22. Exterior lighting shall be provided with suitable baffles and/or located so as to

minimise the emission of light outside the site, to the satisfaction of the Responsible Authority.

23. Car parking spaces numbered 26 & 56 must clearly marked for disabled

parking.

24. Car parking spaces numbered 24. 31. 32 . 61 & 62 must be clearly marked for staff parking

23. No more than 20 medical practitioners can be provided for within the approved

medical centres at ground and first floor level at any one time.

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3. PLANNING APPLICATION 0477/18 - 423-425 MALVERN ROAD, SOUTH YARRA - CONSTRUCTION OF A MIXED USE DEVELOPMENT IN THE COMMERCIAL 1 ZONE, ALTERATION OF ACCESS TO A ROAD ZONE CATEGORY 1, AND A REDUCTION IN THE

CAR PARKING REQUIREMENTS

Planning Appeals Coordinator: Jun Yu General Manager Planning & Amenity: Stuart Draffin

PURPOSE For Council to consider a planning application for construction of a mixed use development in the Commercial 1 Zone, to create or alter access to a Road Zone Category 1 and a reduction in the car parking requirement of Clause 52.06. Executive Summary Applicant: ASK Planning Services P/L Ward: North Zone: Commercial 1 Zone Overlay: No Neighbourhood Precinct: No Date lodged: 11 May 2018 Statutory days: (as at council meeting date)

138

Trigger for referral to Council:

Building greater than 4 storeys

Number of objections: 10 Properties Consultative Meeting: Yes – held on 27 September 2018 Officer Recommendation: Notice of Decision to Grant a Planning Permit BACKGROUND The Proposal The plans that form part of the basis of Council's consideration were prepared by Tom Koroneos Design and are known as Job No. 2017/12, Drawing No.s: TP1 to TP9 and Council date stamped 4 July 2018. The application was also accompanied by a Town Planning Report prepared by ASK Planning Services, a Traffic Impact Assessment Report (TIAR) prepared by Quantum Traffic, a Sustainability Management Plan and Stormwater Management report prepared by LID Consulting and a Waste Management Plan (WMP) prepared by Leigh Design Pty Ltd. Key features of the proposal are:

Construction of a five storey commercial building to be used as a showroom (restricted retail premises) at ground floor and offices at upper floors.

A communal rooftop terrace with an open framed pergola structure over incorporating retractable awnings.

A 3 metre wide green roof provided on either side of the terrace.

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A canopy/awning provided above the footpath to the Malvern Road façade.

Vehicle access will be provided solely from McKillop Street to the rear. The existing crossover to Malvern Road will be removed.

Provision of 26 car parking spaces within three levels of basement, with 3 spaces allocated to the showroom and 23 spaces allocated to the offices.

Provision of 14 bicycle parking spaces and shower / change room facilities within the upper level basement.

Vehicle access to the basement is reliant on use of a car lift as opposed to a conventional ramp.

The maximum building height proposed is approximately 20 metres from natural ground level to the top of the parapet, with a 12.3 metre street wall to Malvern Road. The levels above the street wall are setback 5 metres from the Malvern Road frontage. The lift core, stair well and pergola to the rooftop terrace are centrally located on the roof with an additional height of 2.35 metres.

The proposal presents a three storey street wall (13.3 metres) to McKillop Street, and the upper levels are setback between 2.27 metres and 4.55 metres from McKillop Street.

A contemporary design is proposed incorporating a variety of external finishes including powder-coated aluminium framed glass and sun louvres, decorative or operable perforated mesh panels, precast walls in stacked brickwork pattern, Alucobond cladding and aluminium window shrouds.

Site and Surrounds The site is located on the northern side of Malvern Road approximately 26 metres west of its intersection with Hobson Street, South Yarra. The site has the following significant characteristics:

The site is regular in shape with a frontage to Malvern Road of 12.27 metres, a depth of 39.62 metres, and a total area of 484 square metres.

The land has a gradual fall from front to back (south to north) of less than 1 metre.

The site is presently occupied by a single storey brick building which is set back from the street frontage and includes two curved-roof carport structures to its side and rear.

Vehicle access is via both Malvern Road and McKillop Street. A small parking area is located within the front setback, with a larger car park to the rear. A 1.8 metre high cyclone wire fence and gate is located along the rear property boundary. The site was formerly occupied by Budget Car and Truck Rental company.

This section of Malvern Road is located within the Hawksburn Village activity centre which comprises various commercial land uses including retail, services, offices and some residential uses, typically at upper levels. The surrounding precinct has a mixed character with pockets of wider format industrial buildings and fine grain heritage buildings. Existing built form in the surrounding vicinity is diverse and ranges between one to five storeys in scale. Five storey buildings in close proximity include the site at 441-473 Malvern Road to the east, 2 Cromwell Road to the west, and 424 Malvern Road opposite the site to the south-west (construction is nearing completion).

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The immediate interfaces to the site are:

To the east is a three storey commercial building at 435 Malvern Road on the corner of Hobson Street, presently occupied by medical practices and offices. The building has a two storey street wall to Malvern Road with a limited setback to the upper level, with three storey walls constructed to the northern, eastern and western boundaries, adjacent to the subject site.

To the west at 421 Malvern Road is a single storey brick building. The building covers the whole site and presents a single storey wall along the entire length of the common boundary with the subject site.

To the south the land adjoins Malvern Road which is an arterial road and tram route, located in a Road Zone, Category 1. Opposite the site, across Malvern Road, land is developed with a row of single storey commercial buildings and a 5 storey development under construction (as noted above) at 424 Malvern Road.

To the north the land adjoins McKillop Street which is a two way road that terminates in a dead end approximately 50 metres west of the subject site. Opposite the site to the north are two three storey buildings. One is an apartment building with a primary frontage to Howitt Street, while the other is an office building with a primary frontage to Hobson Street. Both buildings are constructed to the McKillop Street boundary with a street wall height of three storeys.

Previous Planning Application(s) A search of Council records indicates there is no planning history pertaining to the subject site. The following planning applications may be considered of relevance:

Planning Permit Amendment Application 1385/98-1 is currently under consideration by Council for the adjacent site to the east at 435 Malvern Road. The application seeks to amend the existing permit to allow retrospective use of the ground and first floor level of the existing three storey building for a medical centre with associated car parking reduction and minor buildings and works.

Planning Application No. 1354/17 for the construction of a 6 storey mixed use development at 442-446 Malvern Road was refused under delegation on 2 July 2018. This matter will be heard before the Victorian Civil and Administrative Tribunal (VCAT) on 19 November 2018. Council’s key concerns of that proposal refer to excessive building height of 6 storeys, limited activation of the commercial frontage, poor internal amenity and adverse amenity impacts to neighbouring properties.

The Title The site is described on Certificate of Title Volume 10324 Folio 523 as Lot 1 on Title Plan 008608C. No covenants or easements affect the land. Planning Controls The following controls/permit triggers are considerations for this application: Commercial 1 Zone Pursuant to Clause 34.01-4 a permit is required to construct buildings and works. A permit is not required to use the land for a retail premises (other than adult sex product shop) or office.

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Car Parking Clause 52.06-2 states that a new use must not commence until the number of car parking spaces required under Clause 52.06-5 is provided on the land. Planning Scheme Amendment VC148 was gazetted on 31 July 2018 and included reduced car parking rates for land located within the Principal Public Transport Network Area. The subject site falls within this category. The permit application was lodged prior to the introduction of the above amendment. At the time the proposed uses generated a car parking requirement of 60 spaces. Pursuant to the recently introduced rates, this requirement has been reduced to 49 spaces. Pursuant to Clause 52.06-3 a permit is required to reduce the number of car parking spaces to 26. Loading Bay Similarly, at the time that the amendment application was lodged, a permit was required to reduce or waive the Loading Bay requirements at Clause 52.07. However, this provision was repealed as part of Amendment VC148. Land Adjacent to a Road Zone, Category 1 Pursuant to Clause 52.29-2 a permit is required to create or alter access to a road in a Road Zone, Category 1. Bicycle Facilities Clause 52.34-1 states that a new use must not commence until the required bicycle facilities have been provided on the land. The bicycle parking requirement for the proposed uses is 8 spaces along with a shower and change room facilities. The proposed development exceeds the statutory requirements for bicycle facilities, therefore a permit is not sought to reduce the requirements. However, the location and design of bicycle spaces is subject to assessment. Relevant Planning Policies Clause 11.03 Planning for Places Clause 15 Built Environment and Heritage Clause 21.04 Economic Development Clause 21.06 Built Environment and Heritage Clause 21.08 Infrastructure Clause 22.05 Environmentally Sustainable Development Clause 22.18 Stormwater Management (Water Sensitive Urban Design) Clause 22.21 Awnings Policy Clause 34.01 Commercial 1 Zone Clause 52.06 Car Parking Clause 52.29 Land Adjacent to a Road Zone, Category 1 Clause 52.34 Bicycle Facilities Hawksburn Village Structure Plan Council is in the process of preparing planning controls to guide land use and development within the Hawksburn Village activity centre. The Hawksburn Village Structure Plan was adopted by Council on 22 August 2016. Although it is still in the early stage of the Planning Scheme amendment process, given the Structure Plan has been adopted by the Council and sets out Council’s strategic thinking for the Hawksburn Village activity centre for the next 20 years, it is appropriate to give consideration to the Structure Plan.

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Advertising The application has been advertised pursuant to Section 52 of the Planning and Environment Act 1987 by sending notices to the owners and occupiers of adjoining land (and by placing two signs on the site). The public notification of the application has been completed satisfactorily. The site is located in North Ward and objections from 10 different properties have been received. The objections are summarised as follows:

Car parking

Traffic congestion

Overshadowing to the north

Overlooking

Visual impact of 5 storeys

Overdevelopment

Height and setbacks

General loss of amenity

Queuing for car lift

Noise during construction A Consultative Meeting was held on 27 September 2018. The meeting was attended by Councillors Koce and Chandler, representatives of the applicant, objectors and a Council planning officer. The meeting did not result in any changes to the plans. Referrals Comments from the relevant internal units of Council are summarised as follows: Urban Design

The subject site is located within the Hawksburn Village Structure Plan (HVSP) area.

The proposed uses and overall scale of the development are acceptable.

The proposed height exceeds the HVSP preferred maximum of 17 metres by approximately 3 metres. However considering the intended use is for commercial offices above ground level (rather than residential use) the proposed overall height is acceptable.

The proposed interface to McKillop Street does not accord with the HVSP street wall and setback guidelines, however these elements are acceptable given the context of adjacent buildings to the east and north.

The proposed design character of the building as it presents to Malvern Road is unrelated to either the current or emerging context. It is suggested that the design detailing to the façade is revised.

Planner note: The permit applicant sought to address the concern raised by the Urban Designer via the submission of a revised façade design for discussion purposes only. The plan is identified as Job No. 2017/12, Drawing No. SD4, Council date stamped 13 September 2018. The revised façade design proposes an alternative façade treatment which is more reflective of the light industrial character of the streetscape. The proposed plan is acceptable to Council’s Urban Designer. Therefore, the formal substitution of the plan submitted on a ‘without prejudice’ basis as listed above should be required via a condition of any approval granted.

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City Strategy

In broad terms the proposed uses are supported as they will contribute to improving the local economy and employment opportunities through the provision of retail and office space across 5 floors.

It is noted that the upper level rear setbacks and street wall height are not compliant with the built form guidelines of the HVSP.

The proposed building height exceeds the preferred maximum height for the western precinct of Hawksburn Village.

Planner note: The proposed departures from the built form guidelines outlined in the HVSP are discussed in detail in the Key Issues section below. In short, it is considered that the variations are acceptable based on the context of the subject site and surrounding area. Transport and Parking

The car parking requirement is 60 spaces, broken down as follows: - 306sqm Restricted Retail: 9 spaces required, based on a rate of 3 spaces to each

100sqm of leasable floor area; - 1,471sqm Office: 51 spaces required, based on a rate of 3.6 spaces to each

100sqm of net floor area.

The proposed provision of 26 spaces, being 3 spaces for staff of the retail component and 23 spaces for staff of the office component, is acceptable.

An accessible car parking space is not required. One space is provided, which is supported provided it is appropriately designed in accordance with the relevant standards.

The anticipated traffic generated by the proposed development is likely to have a negligible impact on the wider road network.

The basement car park is accessed via a car lift and the proposed model is acceptable.

The car lift is not offset from the property boundary, consequently any queuing will occur on McKillop Street. This is not supported as queuing should occur on private property.

A swept path diagram is required to determine if access to and egress from the site is possible if a vehicle is parked on the opposite side of the road and on both sides of the crossover to the site.

The plans are required to show the minimum headroom clearance on each basement car park level. To be considered satisfactory a minimum headroom clearance of 2.3m is required for the level with the accessible car space (if proposed) and car lift, and 2.2m is required for the remaining levels.

Doors should not open directly into the parking aisle to improve pedestrian safety.

Pedestrian site triangles are required on both sides of the access. As an alternative, convex mirrors may be installed provided they are located within the property boundary.

There are discrepancies between the plans and the TIAR in relation to car space width, aisle width and clearance dimensions. The applicant is to confirm the dimensions of the car spaces and the aisle are designed in accordance with the requirements of the Planning Scheme.

The applicant is to confirm that the swept path diagrams are accurate. The diagrams provided show 0.3m manoeuvring clearance overlapping a wall which is not satisfactory.

The Australian Standards require blind aisles to be lengthened by at least 1m. The plans do not show this which is not satisfactory.

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The proposed location of support columns in relation to car parking spaces is supported.

The plans are required to indicate a minimum gradient of the covered parking area of 1 in 200 (0.5%) to allow for adequate drainage in accordance with Australian Standards.

The plans indicate the existing vehicle crossover on McKillop Street will be retained. The crossover is substandard and should be reconstructed and designed in accordance with Council’s Vehicle Crossing Policy.

Planner note: The car parking requirement noted above was based on the original rate prior to the introduction of VC148 which resulted in a reduced requirement. The majority of the concerns raised above can form conditions of any approval granted. The issue of vehicles queueing in McKillop Street is discussed in detail within the assessment below. Waste Management

The commercial tenements of this development would each be entitled to 1 x 120 litre bin collected weekly plus up to 2 x 240 litre bins collected fortnightly. The standard allocation of waste bins for the entire development would therefore be 5 x 120 litre plus 10 x 240 litre bins.

The submitted Waste Management Plan (WMP) responded well to the waste management challenges presented in the plans, however a WMP is not required as a condition of permit for this development.

Infrastructure

The one issue of concern is how the development can be drained as there are no underground Council drains within reasonable proximity. The applicant has two options to satisfactorily address this matter, being to: - Construct a 300mm diameter drain along McKillop Street to connect to the closest

Council drain at the end of the street approximately 50m away; or - Reconstruct the footpath and provide a 150mm high kerb along the full frontage of

the property. This will allow the pipe to be connected to the kerb and channel without creating a hump or tripping hazard in the footpath.

Both options above would be at the owner’s cost in accordance with a design prepared by a suitably qualified Engineer and approved by Council. All works must be in accordance with the approved plan to the satisfaction and under the supervision of Council’s Infrastructure Unit.

Permit conditions are required regarding the legal point of discharge, drainage design, stormwater, footpath levels and the redundant vehicle crossover.

Planner note: With regard to the concern raised in the first dot point above, it is noted that the applicant has elected to accept the second option. This requirement can form a condition of any approval granted. Environmentally Sustainable Design (ESD)

Overall, the project responds reasonably well to Council’s sustainability requirements. A few areas of concern are discussed below.

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Energy:

The Sustainability Management Plan (SMP) identifies a commitment to 20% improvement in energy efficiency however no indicative modelling or glazing calculators have been provided to confirm performance of current fabric assumptions. This is required.

A 3.5 kW solar array has been proposed which is a good outcome. The roof plans are to be annotated to confirm the total power density of the panels. The applicant should review installation locations proposed for panels as the lift over-run may over-shadow panels located to the southern portion of roof.

The SMP proposes installation of carbon monoxide monitors for improved efficiency of car park ventilation systems. These should be annotated on the plans.

Indoor Environmental Quality:

The SMP indicates that utilising the Green Star hand tool a daylight factor of 2% can be met for around 35% of the office floor areas. This attainment meets Council’s best practice and can be accepted if further corroborating evidence such as modelling of daylight performance on the lower floors (at least levels one and two) is provided.

The current location of toilets will impede daylight ingress from the northern windows and the proposed light court. It is recommended that the toilets are relocated adjacent to the lift and stair core.

Operable ‘mesh’ window covers are proposed to the south facing façade. There are concerns that these design elements would impede daylight ingress to the south facing office areas. Further details should be provided.

The SMP proposes that natural ventilation will be sought through operable windows. These must be indicated on elevations.

Some fixed louvres are proposed to the top portion of north facing windows on levels 3 and 4. However, they are not proposed to levels 1 and 2 windows, nor do they cover a sufficient portion of the windows to minimise solar heat gain adequately. The applicant should refer to Council’s best practice guidance on sun-shading.

Other:

A notation is required to confirm how many toilets the water tanks are connected to.

At least 20% of bicycle spaces should be provided horizontally. Visitor spaces should be provided on the ground floor.

Rooftop drainage areas connected to rain water tanks should be specified on the plans.

As a green roof is proposed, a landscape plan should be provided. Planner note: The permit applicant has acknowledged that changes are required to respond to the above concerns, and requested that these matters be addressed via conditions of any approval granted. Comments from the relevant external referral authority are summarised below: VicRoads

It is a standard requirement that awnings projecting over footpaths must be at least 3m above the footpath’s natural ground level and setback at least 0.75m from the back of kerb. While there are measurements on the plans that indicate the awning is at least 3m above the footpath, the awning appears to extend to the back of kerb and does not meet the required setback.

The above awning architectural features appear to be windows with shrouds and operable mesh. It is understood through discussions with the architect that these features are not habitable or leasable; this also needs to be reflected on the plans.

No objection to the development subject to permit conditions (2) and a note.

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KEY ISSUES Strategic Context The overarching policies and objectives at both a State and Local level support the development and growth of activity centres that are highly accessible to the community, and encourage a broad range of land uses, such as retail, office, services, entertainment and residential. Council's Municipal Strategic Statement (MSS) identifies the site as being within a Large Neighbourhood Activity Centre, known as Hawksburn Village. The strategic direction for the centre outlined at Clause 21.04-1 is predominantly retail, with a food shopping character, plus a wider mix of office and service uses at the western end. A relevant objective of the MSS is to support proposals that will achieve more effective use of commercial properties. On individual sites, a balance of land use is sought with a preference for retail uses at ground level and office and/or residential uses in upper levels. A strategy of the MSS is to identify, by way of Structure Plans and urban design frameworks, locations within activity centres and mixed use areas that could accommodate an increase in office space to facilitate business and employment development in Stonnington. Of relevance to this site, the Hawksburn Village Structure Plan (HVSP) was adopted by Council on 22 August 2016, although it must be noted that this reference document does not yet form part of the Planning Scheme. The HVSP sets out a proposed vision for the future of the activity centre and identifies a series of objectives and strategies that outline the way the vision will be achieved. Guiding themes, such as ‘land use activities’, ‘built form and heritage’ and ‘access and movement’, provide the framework and direction of the Structure Plan. The HVSP divides the activity centre into eastern and western Precincts, with the subject site falling into the latter category. In terms of land use, the Structure Plan identifies the site as being in an area which is suitable for retail use at ground floor with office or residential uses above. The proposed uses of the new building are consistent with this vision and will contribute to improving the local economy with increased employment opportunities. A detailed assessment of the specific built form outcomes sought in the Western Precinct is provided below. Built Form The HVSP identifies the western precinct as being influenced by a light industrial character and consisting of a mix of medium grain light industrial, commercial and mixed use development. As previously outlined, Council’s Urban Designer is satisfied that the façade treatment proposed, as depicted in the discussion plan received on 13 September 2018, is consistent with the existing character and the preferred design direction of the HVSP. On this site, the Structure Plan envisages a maximum building height of 5 storeys or 17 metres. The specific built form guidelines call for street wall heights that respond to the existing street wall character of 2-3 storeys, with upper levels setback 5 metres behind the parapet. On a site with a rear laneway interface, such as this, rear elevations should step down to an 8 metre wall height to avoid amenity impacts adjacent to residential development outside of the Activity Centre or other sensitive interface. Above the first floor level (2nd storey), rear elevations are to be generally setback behind a 45 degree plane up to a maximum setback of 10 metres to manage visual bulk.

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The application is considered to be a site responsive design which will sit comfortably within the existing and emerging streetscape. The building has appropriately responded to surrounding built form context by providing a 3 storey street wall to Malvern Road with a height of 12.3 metres. Above this, the third and fourth floors are setback 5 metres behind the façade. The proposed street wall height and upper level setbacks to the front of the building comply with the built form guidelines. Furthermore, they are compatible with the recent redevelopments in the immediate surrounding area, such as the 5 storey mixed use development at 437-471 Malvern Road. To the rear, the proposed interface to McKillop Street does not accord with the prescriptive requirements of the built form guidelines as a three storey wall is proposed on the boundary, to a height of 13.3 metres, with the third floor setback 2.27 metres and the top floor setback 4.55 metres. The proposed street wall height to McKillop Street is consistent with the adjoining building to the east which is three storeys in height on the boundary. Furthermore, to the north across McKillop Street, the buildings opposite the subject site are also constructed to the street boundary to a height of three storeys. This interface is not specifically contemplated by the Structure Plan built form guidelines as the context is atypical. The HVSP calls for rear elevations to adopt an 8 metre wall height on a laneway boundary opposite a sensitive ground level private open space interface, and it assumes a minimum laneway width of 4.5 metres. In this case, the width of the laneway is approximately 9 metres, which is double the minimum contemplated by the guidelines, and there are no backyards of properties opposite the subject site. Whilst there are two south facing balconies at first and second floor level associated with the apartment building that is opposite the subject site on the northern side of McKillop Street, they are secondary balconies which are accessed via a meals area. The primary balconies to the associated apartments face west and have access from their respective living areas. The balconies will not be overshadowed by the development and the 9 metre setback to the proposed building is considered adequate to limit amenity impacts, including visual bulk and overlooking. It is noted that the apartment building is located within the activity centre and residents cannot expect the same level of amenity as those within the residential hinterland. Given the rear elevation of the apartment building faces a commercial area with adjacent properties fronting a main road, it is a reasonable proposition that the balconies and windows will have an outlook to robust buildings, particularly given the envisaged development potential in the surrounding strategic context. The proposed upper level setbacks at the rear are considered to be sufficient to reduce visual bulk and provide a sensitive visual transition between the existing lower scale buildings within the residentially zoned land to the north of the laneway and the more intense built form envisaged fronting the main road to the south. In terms of overall building height, a maximum height of 20.8 metres is proposed from natural ground level to the top of the parapet (west elevation toward the front of the building). The lift core, stair well and pergola to the rooftop terrace represent additional height of 2.35 metres. Whilst the building height exceeds the HVSP preferred maximum of 17 metres, it is considered to be acceptable in this context considering the building is essentially 5 storeys in height and the proposed uses are commercial, which generally calls for greater floor to ceiling heights. It is generally accepted that a lift overrun and stairwell may exceed the predominant building height. In this instance their central location between the front and rear facades of the building ensures that visibility from the public realm will be limited. However, the pergola over a large rooftop terrace, which is proposed to have retractable awnings to the roof, is not considered acceptable as it could be perceived to constitute a sixth storey which is discouraged in the Hawksburn Village area.

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Should the development be approved, a permit condition will require the area of the rooftop terrace to be reduced and that any associated roofing be deleted. This will ensure that the rooftop terrace and associated balustrading is not visible from adjacent properties and any associated impacts on the character and amenity of the area are duly limited. The awnings policy at Clause 22.21 seeks to ensure that awnings maintain an appropriate height and setback from the street and are consistent with the character of the building and the streetscape. The streetscape in the vicinity of the subject site lacks consistency with a variety of awning styles, and many original buildings have no awnings. The proposed awning, as depicted on the revised façade design in the plan submitted for discussion purposes, is a simple horizontal structure which extends across the entire frontage of the site. The design will complement the new building as well as more recently constructed buildings in the commercial area. A clearance of 3.6 metres is provided above the footpath which meets the policy and VicRoads requirements. Should the development be approved, a permit condition will require the plans to show a horizontal clearance of 0.75 metres to the street. Car Parking and Traffic As outlined previously, Clause 52.06 generates a car parking requirement of 49 spaces (reflecting changes implemented by Amendment VC148) for the proposed uses. The development proposes 26 spaces and therefore the application seeks a reduction of 23 spaces. As consistently held by the VCAT, car parking within Activity Centres and particularly those within inner city areas must be assessed in a centre-wide manner. Various uses within an Activity Centre are to share on-street, public and private car parking facilities, without necessarily being required to provide all of the car spaces generated as part of a proposal on the land itself. It follows that it is rare within an Activity Centre – particularly one within an inner-city environment – that a proposed use would provide the number of spaces required by the Planning Scheme. This statement is true when considering the car spaces set aside for the existing uses within the Hawksburn Village Activity Centre (and indeed other activity centres within the City of Stonnington). Very few tenancies provide any on-site car parking other than perhaps one or two for staff members. Visitor parking is generally not provided on site at all. A specific objective of the Hawksburn Village Structure Plan is to reduce private vehicle travel to or around the centre and encourage people to use public transport, walk, and cycle as viable alternatives. Council’s Traffic Engineers consistently consider that those associated with office uses are typically the most common users to mode shift away from private vehicle usage, opting instead for alternative modes of transport. The Transport and Parking unit has confirmed that the proposed parking supply of 26 spaces on site, with 3 allocated to the retail component and the remainder to the offices, is considered adequate to provide for these uses given the established activity centre location and the good levels of public transport options serving the site and broader location. It must be noted that this advice was provided based on the initial car parking requirement of 60 spaces, with an accepted reduction of 34 spaces representing a 56 per cent reduction in the overall requirement. The newly applicable rate of 49 spaces, with a reduction of 23 spaces sought, represents a 47 per cent reduction in the overall requirement.

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In addition to the above, the following is relevant to the consideration of any car parking dispensation granted:

The subject site is located on the Principal Public Transport Network (given it is on a tram line), as well as within close walking distance of Hawksburn Railway Station.

The site is served by bicycle spaces well in excess of the 8 required by the Planning Scheme, which helps off-set the reduction in car parking spaces. End-of-trip bicycle facilities (ie. showers and change rooms) are provided within a communal area on Level 1 of the basement, adjacent to the bicycle parking area.

The surrounding local streets are subject to parking restrictions and will therefore not attract long-term staff car parking. Given the proposed uses are essentially day time uses, potential demand for visitor parking within the local streets is unlikely to significantly impact the peak periods of residential parking use, which are typically in the evening and on weekends.

Turning to vehicle access and the layout of proposed car parking provided on site, the proposal is broadly considered to be acceptable subject to minor adjustments and additional details to show vehicle manoeuvrability and pedestrian safety is satisfactory, as outlined within the Transport and Planning referral comments. The basement car park is proposed to be accessed via a car lift (as opposed to conventional ramp arrangements), which is located adjacent to the northern property boundary. Whilst use of a car lift is supported, the Transport and Planning unit prefer that such arrangements are offset from the boundary within the site, so that any cars waiting to use the car lift are sitting within the site and are not queueing on a public road. This is typically required to reduce any impacts on through traffic flow. However, in the context of this site the proposed arrangements are considered acceptable for the following reasons:

McKillop Street terminates at the western end, some 50 metres from the subject site, therefore all vehicles will approach the site from the east. Consequently vehicles waiting to enter the site will be limited to sitting on the southern side of the road east of the subject site.

McKillop Street is a two way road which provides adequate width for a vehicle to pass another vehicle waiting to enter the site. As there are vehicle crossovers on both sides of the street adjacent to the eastern boundary of the subject site, there is no on-street parking on either side of McKillop Street to the immediate east of the proposed accessway where possible queueing may occur.

Given the street is short and terminates in a dead end, traffic volume in the street is very low compared to a street or laneway with access at both ends. Therefore any impact will be limited and regular users of the laneway will become familiar with the conditions.

The car lift is not able to cater for the accessible car space as it does not provide a headroom clearance of 2.3 metres (headroom clearance of 2.2 metres is provided). However an accessible space is not a statutory requirement for this development therefore the headroom clearance provided is acceptable. Overall, the proposed on-site car parking provision and access is appropriate as it will have limited impact on existing residential parking availability and traffic congestion in this established activity centre.

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Environmental Sustainable Design The proposed building design attempts to respond to Council’s sustainability objectives as required by the local policy at Clause 22.05. It is considered that areas of concern raised by Council’s ESD officer can be readily addressed via conditions included on any permit issued. The submitted Water Sensitive Urban Design Response (STORM Rating Report) indicates that the development will meet best practice requirements with the provision of an 8,000 litre rainwater tank. Rainwater tanks are proposed to be located within the lower level of the basement. Objections In response to the grounds of objection not already discussed in the report, the following comments are made:

The calculation of leasable and net floor areas depicted on the plans has been questioned as they do not appear to include toilet areas. However, any minor adjustments to the floor area would not have a bearing on the conclusion that the proposed number of car parking spaces on site is satisfactory, given the statutory requirement has been reduced since the making of the application.

Overshadowing of properties to the north from the proposed development is not possible given the orientation and the trajectory of the sun.

Noise during construction of the building is not a relevant planning consideration. Impacts will be assessed at building permit stage and will be regulated under Council’s Local Laws where applicable.

Human Rights Consideration This application has been assessed in accordance with the requirements of the Planning and Environment Act 1987 (including the Stonnington Planning Scheme), reviewed by the State Government and which complies with the Charter of Human Rights and Responsibilities Act 2006. CONCLUSION Having assessed the application against the relevant planning controls, it is recommended that the proposal be supported for the following reasons:

The proposal enjoys strategic support by State and Local Planning Policy;

The proposed commercial uses are a beneficial addition to the local economic diversity of the activity centre;

The proposal represents a site responsive design which is in keeping with the preferred character of Hawksburn Village;

The proposed built form will not have unreasonable impacts on the amenity of neighbouring residential properties;

The proposal provides sufficient parking for the intended uses given the site’s proximity to public transport.

ATTACHMENTS

⇨1. PA - 477-18 - 423-425 Malvern Road South Yarra - Attachment 1 of 1 Plans

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RECOMMENDATION

That a Notice of Decision to Grant a Planning Permit No: 477/18 for the land located at 423-425 Malvern Road, South Yarra be issued under the Stonnington Planning Scheme for construction of a mixed use development in the Commercial 1 Zone, alteration of access to a Road Zone Category 1, and a reduction in the car parking requirements subject to the following conditions: 1. Before the commencement of the development, one (1) electronic copy 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 (identified as TP1 to TP9, prepared by Tom Koroneos Design and advertised July 2018) but modified to show: a) Revised façade treatment as depicted in the discussion plan identified as

SD4, received by Council on 13/09/2018;

b) Reduction in the rooftop terrace area by increasing the front and rear setbacks to the satisfaction of the Responsible Authority;

c) Deletion of all roof structures over the terrace;

d) The awning to the front façade setback a minimum of 0.75 metres from the kerb;

e) The dimensions and layout of parking bays, aisle width, blind aisle extension, gradients and location of columns such that they are generally in accordance with the Planning Scheme or otherwise to the satisfaction of the Responsible Authority;

f) Provision of a convex mirror installed on both sides of the accessway within the title boundary;

g) Minimum headroom clearance of 2.2 metres within each basement level;

h) Doors openings to be directed away from the parking aisle;

i) A schedule of construction materials, external finishes and colours;

j) Operable windows indicated on the elevations;

k) A notation on the roof plan confirming the total power density of the solar panels;

l) Rooftop drainage areas connected to rain water tanks specified on the plans;

m) A notation confirming the number of toilets the water tanks are connected to;

n) The use of carbon monoxide monitors annotated on the plans;

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o) Any additional changes required by the revised Sustainability Management Plan in accordance with Condition 4;

p) Any additional changes required by the Water Sensitive Urban Design (WSUD) response in accordance with Condition 6.

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, without the prior written consent of the Responsible Authority.

3. Concurrent with the endorsement of any plans pursuant to Condition 1 a

Sustainable Management Plan (SMP) must be submitted to and approved by the Responsible Authority. Upon approval the SMP will be endorsed as part of the planning permit and the development must incorporate the sustainable design initiatives outlined in the SMP to the satisfaction of the Responsible Authority. Amendments to the SMP must be incorporated into plan changes required under Condition 1. The report must include, but not limited to, the following: a) Demonstrate how Best Practice measures from each of the 10 key

Sustainable Design Categories of Stonnington Council’s Sustainable Design Assessment in the Planning Process (SDAPP) have been addressed;

b) Demonstrate commitments to the following: - 20% improvement in energy efficiency; and - A daylight factor of 2% for around 35% of the office floor areas.

c) Identify relevant statutory obligations, strategic or other documented sustainability targets or performance standards;

d) Document the means by which the appropriate target or performance is to be achieved;

e) Identify responsibilities and a schedule for implementation, and ongoing management, maintenance and monitoring;

f) Demonstrate that the design elements, technologies and operational practices that comprise the SMP can be maintained over time.

All works must be undertaken in accordance with the endorsed Sustainability Management Plan to the satisfaction of the Responsible Authority. No alterations to the Sustainable Management Plan may occur without written consent of the Responsible Authority.

4. Prior to the commencement of the use of the building approved under this

permit, a report from the author of the Sustainability Management Plan, 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 Sustainability Management Plan have been implemented in accordance with the approved plan.

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.

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6. The project must incorporate the Water Sensitive Urban Design initiatives

detailed in the endorsed site plan and/or stormwater management report. 7. The awning must be constructed and maintained to the satisfaction of the

Responsible Authority. 8. 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.

9. The footpath along the frontage of the property must be reconstructed with a

150mm high kerb to allow a drainage pipe to be connected to the kerb and channel, at the cost of the permit holder. The design of works must be prepared by a suitably qualified Engineer and approved by Council. All works must be in accordance with the approved plan to the satisfaction and under the supervision of Council’s Infrastructure Unit.

10. Prior to a building permit being issued, a report for the legal point of discharge must be obtained from Council and a drainage design for the development must be prepared by a suitably qualified Engineer in accordance with all ‘recommendations’ and requirements contained in that report. All drainage must be by means of a gravity based system with the exception of runoff from any basement ramp and agricultural drains which may be pumped. As required by the Building Regulations, the relevant building surveyor must check and approve the drainage design and ensure that protection of the building is provided from a 1 in 100 A.R.I. rainfall event.

11. Prior to an ‘Occupancy Permit’ being issued, a suitably qualified Engineer must carry out a detailed inspection of the completed stormwater drainage system and associated works including all water storage tanks and detention (if applicable) to ensure that all works has been constructed in accordance with the approved design and the relevant planning permit conditions. Certification of the completed drainage from the Engineer must be provided to Council prior to a ‘Statement of Compliance’ being issued for the subdivision.

12. The level of the footpaths and/or laneways must not be lowered or altered in any way to facilitate access to the site.

13. 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.

VicRoads’ Conditions: 14. Before the development starts, amended plans must be submitted to and

approved by the Roads Corporation (VicRoads). When approved by VicRoads, the plans may be endorsed by the Responsible Authority and will then form part of the permit. The plans must be generally in accordance with the submitted plans and annotated as but modified to show: a) The awning to be setback a minimum 750mm from the back of the kerb and

a minimum 3000mm above the existing footpath level.

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b) The architectural features extending beyond the property boundary into the RDZ1 shown as non-habitable/non-leasable.

15. Prior to the commencement of the use or occupation of the development, all disused or redundant vehicle crossings must be removed and the area reinstated to the satisfaction of the Responsible Authority (RA) and at no cost to VicRoads or the RA.

End VicRoads’ Conditions 16. Before the use starts, areas set-aside for parked vehicles and access lanes as

shown on the endorsed plans must be: a) Constructed to the satisfaction of the Responsible Authority.

b) Properly formed to such levels that they can be used in accordance with the plans.

c) Drained and maintained to the satisfaction of the Responsible Authority.

d) Line-marked to indicate each car space and all access lanes to the satisfaction of the Responsible Authority. Parking areas and access lanes must be kept available for these purposes at all times.

17. Prior to the commencement of the development hereby approved, the permit

holder must obtain approval from Council’s Building and Local Laws Department to construct or modify any vehicle crossover/s providing access to the subject site. The issue of a planning permit does not provide approval for vehicular crossovers which are outside of the title boundary.

18. The collection of waste and recyclables from the premises (other than normal

Stonnington City Council collection) must be in accordance with Council's General Local Laws.

19. 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.

20. All plant and equipment (including air-conditioning units) shall be located or

screened so as to minimise visibility from any of the surrounding footpaths and from overhead views 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.

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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.

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: A. No work must be commenced in, on, under or over the road reserve without having

first obtaining all necessary approval under the Road Management Act 2004, the Road Safety Act 1986, and any other relevant acts or regulations created under those Acts.

B. 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.

C. The crossover must be constructed to Council’s Standard Vehicle Crossover Guidelines unless otherwise approved by the Responsible Authority. Separate consent for crossovers is required from Council’s Building and Local Law Unit.

D. 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.

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4. PLANNING APPLICATION 0971/17 - 1181-1183 MALVERN ROAD, MALVERN - CONSTRUCTION OF A MULTI-DWELLING DEVELOPMENT IN A GENERAL RESIDENTIAL

ZONE

Planning Appeals Coordinator: Jun Yu General Manager Planning & Amenity: Stuart Draffin

PURPOSE For Council to consider a planning application for the construction of a multi-dwelling development in a General Residential Zone at 1181-1183 Malvern Road, Malvern. Executive Summary Applicant: KLM Spatial Ward: North Zone: General Residential Zone (Schedule 1) Overlay: No Neighbourhood Precinct: Garden Suburban 3 Date lodged: 13 September 2017 Statutory days: (as at council meeting date)

91

Trigger for referral to Council:

Number of objections

Number of objections: 15 Consultative Meeting: Yes – 12 September 2018 Officer Recommendation: Notice of Decision to Grant a Planning Permit BACKGROUND The Proposal The plans that form part of the basis of Council's consideration were prepared by KLM Spatial and are known as File No. 971/17, Drawing No.s: 8405-BD-TP01 rev C to 8405-BD-TP05 rev C and Council date stamped 16 August 2018; 8405-BD-EC01 and Landscape Plan prepared by Zenith Concepts, both Council date stamped 8 February 2018; Plan of Survey (Sheets 1 and 2) and Council date stamped 13 September 2017. Key features of the proposal are:

Demolition of the existing single storey building (no permit required).

Construction of three attached three-storey dwellings with roof terrace. Dwelling’s 1 and 3 will contain three bedrooms at first floor and Dwelling 2 will contain two bedrooms at first floor level.

A total of six (6) car parking spaces are proposed at grade, with two car parking spaces per dwelling located within individual garages accessed from the unnamed laneway to the east of the site.

All dwellings will be accessed via a shared pedestrian path from Malvern Road on the western aspect of the development.

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All dwellings will feature private open space at second floor and within individual roof terraces, with Dwellings 1 and 3 featuring additional private open space at ground level.

The maximum overall building height from natural ground level is 11.15 metres.

The setbacks from Malvern Road are: 4 metres at ground floor; 3.4 metres at first floor; 6 metres at second floor (not including balcony); and 7.35 metres at roof terrace.

External materials include unpainted brick, white and grey render and timber cladding with dark metal roof.

The development plans submitted to Council on 16 August 2018 form the basis of this assessment. These plans supersede the advertised plans (Drawing No.s 8405-BD-TP01 rev B to 8405-BD-TP05 rev B and Council date stamped 8 February 2018). The revised plans were submitted to respond to concerns raised by Council’s Officers and within objections, and involve the following key changes:

Reduction in the overall building height from 11.73 metres to 11.15 metres.

Internal rearrangement of the development, including all bedrooms now located at first floor and open plan kitchen/dining/living at second floor, as well as introduction of a ground floor study associated with Dwelling 2 and relocation of lift core and staircases to the western aspect of the development.

Increased setbacks at all levels from all boundaries of the site, including introduction of a 1 metre setback from the eastern boundary at first floor, second floor and roof terrace.

Reduction in size of roof terraces, as well as the removal of spas, lift access and associated pergola and the introduction of planter boxes.

Alterations to materials and finishes, including the removal of acrylic render and replacement of glass balustrades with metal slat and ‘Juliet’ style balustrades.

The revised plans resulted in a reduction in material detriment beyond the plans that were originally advertised, and as such, the revised plans were not re-advertised as they do not result in any increased detriment to neighbouring properties. Importantly, all objections to the advertised plans are still valid and will be considered as part of this assessment. Site and Surrounds The site is located on the northern side of Malvern Road, approximately 155 metres east of the intersection of Glenferrie Road. The site has the following significant characteristics:

The subject site is predominately rectangular in shape, with a splay to the north-east corner of the site. The site has a lot frontage of approximately 11.4 metres onto Malvern Road, a depth of approximately 36.5 metres resulting in a site area of 423.8 square metres. The site has abuttals along the north and east boundaries onto unnamed laneways.

There is a fall in the land from south to north, with a slope from the south-eastern corner to the north-eastern corner by 1.6 metres. The site is currently occupied by a single storey mixed use development featuring a commercial component constructed along the southern (Malvern Road) boundary of the site and a three-bedroom dwelling to the north of the site, which is constructed along the eastern boundary. The dwelling component of the existing building on the site features a street setback of 4.2 metres to the principal façade. It is noted that there is a front verandah within this setback.

The site also features an existing single storey outbuilding with pitched roof form constructed in the north-west corner of the site.

Vehicle accommodation is located to the north of the site, accessed from the north-east corner of the site from the unnamed laneway. There is no significant vegetation on the site.

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The subject site forms part of an established residential area that exhibits a mixture of dwelling types including semi-detached single and double storey dwellings and multi-unit residential buildings of four storeys. There is no consistent architectural style within the surrounding area, with examples of Victorian and Edwardian, as well as contemporary residential developments. Roof styles predominately feature a pitched roof form, with emerging developments within the surrounding area incorporating flat roof forms. Walls constructed along common boundaries is a consistent feature within the surrounding area. The site is located within an area that has good access to services and facilities. The subject site is located within close proximity of the Malvern Hill (small neighbourhood) Activity Centre, a commercial centre with a local role focused on accommodating uses to meet every day and specialty needs including retail uses, offices and goods and services. The subject site is within close proximity to public transport with direct access to tram services operating along Malvern Road and Glenferrie Road. The site is also located within approximately 800 metres of Tooronga Railway Station and 1.2 metres from Armadale Railway Station. The site’s immediate abuttals are as follows:

To the north of the site is an unnamed laneway, which is approximately 3 metres wide. Beyond the laneway is No. 22 Woodmason Street and No. 24 Woodmason Street, along with No. 20 Woodmason Street which form part of the Federation Queen Anne style house row which have an ‘A2’ grading under Heritage Overlay 618. All three are single-storey dwellings constructed boundary to boundary with private open space to the south of the dwellings. Vehicle access is via the unnamed laneway to the southern boundary of the lots;

To the south is Malvern Road. Beyond that is No. 1148 Malvern Road, which is occupied by a single-storey dwelling featuring boundary-to-boundary construction.

To the east of the site is an unnamed laneway, which is 3.76 metres wide. It is noted that there are bollards constructed within the laneway, adjacent the eastern boundary of No. 24 Woodmason Street, which prevents vehicle access from Malvern Road through to Woodmason Street and Somers Avenue. Beyond the laneway is No. 1187-1189 Malvern Road, which contains a single storey commercial building constructed along all boundaries of the lot and features vehicle access via an unnamed laneway. The site is also adjacent to the rear of No. 1185 Malvern Road (1 Plant Street), which contains single storey outbuildings and garages constructed along the western boundary of the lot associated with the double-storey pitched roof multi-unit development on the lot.

To the west is No. 1179 Malvern Road, which is occupied by a single-storey dwelling constructed along the western boundary of the lot and features vehicle access from the unnamed laneway to the north of the lot.

Previous Planning Application(s) A search of Council records indicates the following relevant planning applications

Planning Permit No. 19/71 for the part use of the site as a gift shop and work room issued on 25 February 1971.

Planning Permit No. 903/15 was issued on 26 July 2016 for the construction of a multi dwelling development in a General Residential Zone and to alter access to a Road Zone Category 1 for the land at No. 1199 Malvern Road, Malvern.

Planning Permit No. 977/15 was issued on 4 January 2017 for the construction of a multi dwelling development in a General Residential Zone and a reduction in the car parking requirements for the land at No. 1161-1163 Malvern Road.

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The Title The site is described on Certificate of Title Volume 03713 Folio 550 / Lot 25 on Plan of Subdivision 006112 and no covenants or easements affect the land. Planning Controls The following controls/permit triggers are considerations for this application: Zone General Residential Zone - Clause 32.08 Pursuant to Clause 32.08-6 a permit is required to construct two or more dwellings on the lot. Pursuant to Clause 32.08-4, a lot must provide the minimum garden area for the lot size. Given the subject site has a lot size of 423.8 square metres, this requires a minimum garden area of 25% of the lot (105.95 square metres). BD-8405-TP05 rev C (Council date stamped 16 August 2018) shows the uncovered outdoor area of the site, excluding proposed services and vehicular ramp with associated retaining walls, exceeds the minimum garden area with 38.3% (162.5 square metres) of the site allocated to garden area. Clause 32.08-9 of the General Residential Zone states that unless the maximum building height or maximum number of storeys is specified in a schedule to the zone, the building height must not exceed 11 metres and a building must contain no more than 3 storeys at any point. Schedule 7 to the General Residential Zone states that a building used as a dwelling or a residential building must not exceed a height of 13.5 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 14.5 metres. In accordance with the VCAT declaration Mellick v Stonnington CC [2018] VCAT 1495, the maximum building height of 13.5 metres applies and not the default maximum number of storeys under the Zone. Furthermore, ResCode variations in the General Residential Zone – Schedule 1 include:

Standard Requirement

Site coverage A5 and B8 Basements should not exceed 75% of the site area.

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.

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. A permit may be granted to reduce, including reduce to zero, the number of car spaces required by the table included in Clause 52.06-5.

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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 (with studies or studios that are separate rooms counted as a bedroom).

The proposed development generates a statutory requirement to provide five (5) spaces for residents. The proposal provides six (6) car spaces for residents. Therefore, the proposal satisfies Clause 52.06. Two or More Dwellings on a Lot and Residential Building - Clause 55

Pursuant to Clause 55, a development of two or more dwellings on a lot, which does not exceed four storeys in height, must meet the objectives of this clause. Relevant Planning Policies Clause 15 Built Environment and Heritage Clause 16 Housing Clause 21.03 Vision Clause 21.05 Housing Clause 21.06 Built Environment and Heritage Clause 22.05 Environmentally Sustainable Development Clause 22.18 Stormwater Management (Water Sensitive Urban Design) 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 Advertising The application has been advertised pursuant to Section 52 of the Planning and Environment Act 1987 by sending notices to the owners and occupiers of adjoining land and by placing three signs on the site. The public notification of the application has been completed satisfactorily. The site is located in North Ward and objections from fifteen (15) different properties have been received. The objections can be summerised as follows:

Neighbourhood character (third storey is inconsistent with streetscape) and overdevelopment of subject site, as well as failing to respond to residential hinterlands to the north of the site and lack of landscaping.

Inappropriate building height and prohibited number of storeys.

Amenity impacts for adjoining lots, including visual bulk and overlooking.

Traffic and parking concerns, including issues with use of laneway for access to the site.

A Consultative Meeting was held on 12 September 2018. The meeting was attended by Councillors Griffin and Koce, representatives of the applicant, objectors and a Council planning officer. It is noted that while Councillor Koce attended the meeting, it was in his capacity as a resident of Stonnington. A conflict of interest was declared at the beginning of the Consultative Meeting. The meeting did not result in any changes to the plans.

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Referrals Parks Council’s Parks Department has confirmed that the Landscape Plan is suitable for approval. Planner note: It is noted that a revised landscape plan was not submitted as part of the revised application submitted to Council on 16 August 2018. As such it is recommended that a condition can be placed on any permit issued requiring a revised landscape plan that is generally in accordance with Landscape Plan prepared by Zenith Concepts (Council date stamped 8 February 2018) but modified to reflect the revised development plans. Infrastructure Council’s Infrastructure Department reviewed the plans submitted to Council on 8 February 2018 and provided no objection to the proposal subject to a condition in relation to a legal point of discharge being placed on any permit issued. Transport and Parking Council’s Transport and Parking Department reviewed the plans submitted to Council on 8 February 2018 and made the following comments (summarised):

Increase in dwellings is not expected to significantly impact existing traffic conditions in the area.

Concerns with ingress and egress from the garages into the ROW given B85 vehicle diagrams were used instead of B99 vehicle diagrams.

Concerns about sight distances at property boundaries and splays at the corner of accessways, and intersections of Malvern Road and unnamed laneways.

Details on plans to confirm compliance with Australian Standards. Planner Response: It was not considered necessary to refer the revised application to Council’s Transport and Parking Department. An assessment of the revised plans lodged with Council on 16 August 2018 against 52.06-8 is made by Council’s Planning Officer within the Assessment Section of this report. The revised plans addressed some of the issues raised by Council’s Traffic Engineers. With regard to the outstanding issues, the following conditions will be included: a) B85 swept path diagrams showing vehicle can access both car parking spaces located

within individual garages in one movement while a vehicle is parked adjacent the space or any alterations required to achieve this with no increase in the building footprint.

b) A sight triangle to the north and south of the proposed access, including dimensions and annotations that no buildings, fences or vegetation above 900mm in height can be placed within the sight triangle.

c) A sight triangle to the south-east corner of the site, including dimensions and annotations that no buildings, fences or vegetation above 900mm in height can be placed within the sight triangle.

d) A 3 metre by 3 metre splay to the north-east corner of the site or reduced splay with associated B99 swept path diagrams showing vehicle can negotiate the corner with the proposed splay in one movement on either approach.

e) A convex mirror or similar mechanism to be detailed within the property boundary to assist in the visibility of ingress and egress to the site.

f) Dimensioned gradients of ramp from existing laneway to individual garages to prevent vehicle scraping or bottoming as per the requirements of the Stonnington Planning Scheme and/or Australian Standards.

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g) Dimensioned floor gradients within the individual garages to be a minimum gradient of 1 in 200 (0.5%) in accordance with the Planning Scheme and/or Australian Standards.

h) Dimension minimum headroom clearance of 2.2 metres measured at the entry point of garage when garage door is in an open position in accordance with Australian Standards.

Urban Design Council’s Urban Designer reviewed the plans submitted to Council on 8 February 2018 and provided the following comments:

The front setback, to the external face of the ground- and first-floor levels, should be increased to a minimum of 4m. The third floor should be setback a further 3m (minimum).

The rear setback for the lower two floors should be increased to a minimum of 4m; and the third floor should be setback a further 3m.

These suggested increases to the front and rear setbacks will also assist in enabling an improved landscape setting for the development; which in its current form is inadequate due to space limitations.

The 3-storey sheer wall on the ROW to the East is an uncharacteristic element within the GRZ and is not supported. The third floor, with its primary living areas and balconies facing East, should be setback a minimum of 4.5m from the centre-line of the ROW, to enable equitable development opportunities for future development that may occur on the opposite side of the ROW.

The proposed roof-terraces and their surrounds contribute to the overall excessive visual bulk of the development, and it is suggested that these roof-terraces be removed.

Planner note: In response to concerns raised by Council’s Planning Officers and Urban Designer, the Applicant formally lodged revised plans with Council on 16 August 2018, which included the following relevant amendments:

Setback from the southern (Malvern Road) boundary increased to a minimum of 4 metres at ground floor; minimum of 3.4 metres at first floor; 6 metres at second floor (with balcony protruding within this setback); and 7.35 metres at roof terrace level.

Setback from the northern (unnamed laneway) boundary increase to a minimum of 3.51 metres at ground floor; minimum of 2.9 metres at first floor; minimum of 5.45 metres at second floor (with balcony protruding within this setback); and 7.6 metres to roof terrace level.

Increase setback from the eastern (unnamed laneway) boundary at first floor and above to 1.04 metres.

Alterations to the layout of the development, including the internal rearrangement resulting in primary living areas located on the second floor with the addition of second floor north and south facing balconies with associated planter boxes; as well as the redesign of the roof terraces to remove lift access, incorporation into the overall design of the development and introduction of planter boxes along the north, south and east interfaces of the roof terraces.

Discussed in greater detail within the Assessment Section of this Report, it is considered that the revised plans provided an acceptable response to the issues raised by Council’s Urban Designer. It is noted that the plans do not achieve the numerical setback recommended at first floor from the north or south interfaces. It is recommended that a condition be placed on any permit issued requiring that the first floor be setback 4 metres from the southern (Malvern Road) boundary of the site and 3.51 metres from the northern (unnamed laneway) boundary of the site to align with the ground floor setback.

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This will ensure that the development provides appropriate levels of articulation, while providing a break in form and greater visual interest. The increased setbacks from the north and south boundaries allows for additional canopy trees to help soften the development as viewed from the Malvern Road streetscape and the residential hinterlands to the north. The requirement for additional canopy trees is recommended to be placed on any permit issued. The revised plans remove the sheer wall constructed along the eastern boundary of the site and with the exception of Unit 2, all balconies associated with primary areas have been removed from the eastern setback. Discussed in greater detail within the Proposed Scale and Neighbourhood Character Section of this report, while alterations have been made to the roof terrace level, the roof terraces are considered to be inappropriate and a condition will be placed on any permit issued requiring their deletion. While a setback of 4.5 metres from the centre of the laneway to the east of the site has not been achieved (2.915 metres proposed from the centre of the laneway), it is noted that the width of the site is only 11.63 metres and there is a setback ranging to 3.3 metres proposed from the western boundary. It is considered that given the lot to the west of the site is currently utilised as a dwelling it is of greater sensitivity than the lot to the east of the site, which is currently used as a commercial building. As such, in order to achieve a 4.5 metre setback from the centre of the laneway this would require reduction of the internal size of the primary living area of all the dwellings as no reduction in the setback from the western boundary would be supported. The reduction in internal dimensions would result in an unreasonable impact on the internal amenity of these dwellings. On balance, especially given the lot to the west is currently utilised as a commercial building with no setback from Malvern Road, it is not considered that the 4.5 metres setback is necessary. Further, it is noted that No. 1187-1189 Malvern Road is a wider site, capable of achieving greater setbacks if necessary. KEY ISSUES The proposal seeks to replace the existing single mixed use building on the subject site (no permit required) with a three-storey multi-dwelling development. A planning permit is required pursuant to Clause 32.08 (General Residential Zone). Therefore having considered the relevant planning policies and the various referral comments, the key issues that Council have to determine can be broadly summarised into the following:

Is the proposal consistent with the policy context?

Whether the proposed development responds to the neighbourhood character?

Are the off-site amenity impacts within reasonable limits?

Is the internal amenity provided acceptable?

Does the proposal provide adequate landscaping?

Will the proposal result in unreasonable parking and traffic impacts? It is noted that the application will be assessed against the objectives and standards of Clause 55 including the modified standards detailed in Schedule 1 to the General Residential Zone. State and Local Planning Policy Framework A number of provisions from the State Section of the Planning Scheme are relevant to the policy setting for assessment of this application. These include commentary about Built Environment (Clause 15.01), Housing (Clause 16) and Transport (Clause 18).

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At the State Policy level these policy objectives provide a State policy impetus for the residential intensification of sites that are well served by physical and social infrastructure. Specific State policy support for appropriate residential intensification is highlighted in Clause 16 (Housing). This includes strategies to increase the supply of housing in existing urban areas by facilitating increased housing yield in appropriate locations, including under-utilised urban land (Clause 16.01-1S) and to increase the proportion of housing in Metropolitan Melbourne to be developed within the established urban areas particularly at Activity Centres, employment corridors and at other strategic sites, including land close to public transport (Clause 16.01-2S). When considered against this policy direction there is State policy support for the proposed redevelopment and residential intensification of an existing site within inner Melbourne and which would increase housing yield. In this context, it is considered that there is policy that could support the construction of a multi-dwelling development in this location. The Stonnington Strategic Framework Plan identifies locations where specific outcomes are encouraged. In regard to residential intensification, the framework at Clause 21.05-2 acknowledges the need for increased densities across the municipality and directs specific types of development to specific areas. The subject site is located within a ‘substantial change area’ where the policy states that medium and high density housing should be directed to lots capable of accommodating increased density. Further Local Policy at Clause 21.06-4 directs medium density development with a 2-3 storey form in residential areas to respect the preferred character of the precinct. In this context, it is considered that there is local policy support for the construction of a multi-dwelling development in this location. Proposed Scale and Neighbourhood Character The surrounding residential area comprises a mixture of development types and architectural styles, described within the Site and Surrounds sections of the report. The built form includes single and double storey detached dwellings with a predominately pitched roof form, as well as several examples of triple storey multi-unit developments featuring predominately flat roofs and a variety of different materials and finishes. Given the mixed character and range of housing types of the area, as well as the emerging pattern of multi-unit developments within the directly surrounding area, it is considered that the subject site is capable of some level of increased density. The proposed development is also in accordance with Standard B2 and B3 of Clause 55 in that it supports a range of housing types in an area where development can take advantage of public transport and other services, including those located within the nearby commercial centre. The Neighbourhood Character Policy included at Clause 22.23 of the Stonnington Planning Scheme also sets out the character and design guidelines for development in different character precincts. The Neighbourhood Character Local Planning Policy includes the preferred character statements, design objectives and design responses to be taken from the precinct profiles. The subject site is located within the Garden Suburban 3 Precinct. The statement of preferred neighbourhood character reads:

‘The Garden Suburban 3(GS3) precinct comprises spacious and leafy streetscapes with Victorian, Edwardian, Interwar or Post-war era and new buildings set in established garden surrounds. Generous, regular front and side setbacks provide space around buildings and allow for canopy trees. New buildings or additions offer innovative and contemporary design responses while complementing the key aspects of building form, one-two storey scale and design detail of the older dwellings in the precinct. Low or permeable front fences retain views to gardens and buildings from the street. Areas within a Residential Growth or Mixed Use Zone or within a substantial change area will accommodate more development with a more compact setting but with space for canopy trees and other vegetation and high quality, responsive design.’

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The design objectives for this area are:

To encourage the retention of intact, older dwellings that contribute to the character of the area.

To ensure new buildings and extensions do not dominate the streetscape.

To encourage a high quality of building detailing that references, without mimicking, the details of buildings in the area.

To maintain and reinforce the rhythm of spacing between and around buildings.

To maintain and strengthen the garden settings of buildings and the tree canopy of the neighbourhood.

To prevent the loss of front garden space and the dominance of car parking structures.

To ensure fences complement the predominant style of front boundary treatment in the street and retain views to dwellings and gardens.

Having regard to the policies, provisions and decision guidelines of the Stonnington Planning Scheme, particularly the Neighbourhood Character Policy at Clause 22.23, and the context of the subject site and its surrounds, it is considered that the proposal respects and is compatible with the existing and preferred neighbourhood character for the following reasons: The application seeks to demolish the existing building which is not prohibited under the planning controls. Given the lack of heritage controls affecting this site and the overarching theme of the Planning Scheme to promote urban consolidation, demolition of the existing building can be justified. Policy at Clause 22.23 calls for new buildings to respond to the streetscape character in an innovative and contemporary manner. The proposals features a contemporary design which is considered to be an appropriate response to development within the surrounding area. Whilst the existing character of detached dwellings in the surrounding area predominately features pitched tiled roof forms constructed of a mixture of exposed brick, rendered brick and cement with light finishes, the emerging character of multi-unit development features a greater variety in the use of materials and finishes to provide sufficient levels of visual interest and façade articulation. As such, the proposed use of grey render, timber cladding and exposed brick at ground floor, with the use of dark grey metal roof provides for a materiality that reflects without mimicking development within the surrounding area. The proposal seeks to use large windows and balconies along the front façade at Ground, First and Second Floors as presenting to Malvern Road to provide for articulation and integration with the Malvern Road streetscape. As such the proposal will be consistent with the emerging and preferred character of the streetscape. The proposal has a maximum overall building height of 11.15 metres, which is lower than the 13.5 metres maximum building height specified in Schedule 1 of the General Residential Zone. Whilst the directly abutting lots are all single storey, recent development approvals within the surrounding area generally feature double or triple storey forms, including that at No. 1161-1163 Malvern Road (Planning Permit No. 977/15), and there is clear policy directions for medium density development to be directed to Malvern Road. The proposal also entails a 6 metre setback from the southern (Malvern Road) boundary at second floor to soften the extent of built form as viewed from Malvern Road. Therefore the proposal will present to the Malvern Road streetscape as a double storey form, with a recessed third storey, sitting comfortably within the approved developments within the surrounding area and maintaining the emerging 2-3 storey residential streetscape scale.

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The proposal entails a three storey built form through-out the site, including towards the rear (northern) boundary of the site. However the plans incorporate a minimum of 2.9 metre setback from the northern boundary (subject to condition to increase the setback to 3.51 metres) at first floor, which increases at second floor and then again at roof terrace level. This is considered an acceptable response to the surrounding area and reflective of the built form pattern of lots along the northern side of Malvern Road, given the rear abuttal of the site is an unnamed laneway. Recent development patterns within the surrounding area include double-storey construction deep into lots, including the approvals at No. 1161-1163 Malvern Road (Planning Permit No. 977/15) and No. 1199-1207 Malvern Road (Planning Permit No. 903/15), which features a setback from the northern boundary of 2.809 metres associated with the Second Floor balconies. This ensures that the proposal is consistent with the emerging character of development along the northern side of Malvern Road, whilst providing a separation and setback from the residential hinterlands to the north of the site, which will be reinforced by the provision of landscaping along this interface. Accordingly, it is considered the proposal will not be a visually dominant element and provides an appropriate response to the emerging built form within the surrounding area. Further, given the slope in natural ground level, the proposed development ‘steps-down’ as the development encroaches on the northern boundary, i.e. the finished floor level of Dwelling 1 is 54.970 metres AHD whilst Dwelling 3’s is 53.970 metres AHD. The combination of these elements ensures that the proposed built form will not present as one continuous building, reducing any potential visual bulk implications from both the Malvern Road streetscape and adjoining lots. There are currently no examples of roof terraces within the surrounding area. While the proposed roof terraces appear to be incorporated in the overall design of the development, the associated parapet/balustrade features of the roof terraces result in an addition 1.2 metres height above the second floor (third storey) of the development. In line with Council’s Urban Designer’s comments, the roof terraces add to the overall bulk of the development, especially along the oblique view lines from the south-east corridor from the opposite side of Malvern Road. In addition to the visual bulk concerns from the Malvern Road streetscape, the roof terraces are considered to result in unreasonable off and on-site amenity impacts. It is noted that pursuant to Clause 21.06-3, policy allows for roof top terraces to be considered “where their location and design is considered to have no unreasonable amenity impacts on neighbouring residential properties”. The roof terraces are not proposed to be screened along the western aspect of the development and may result in unreasonable overlooking into the habitable room windows and private open space of the dwelling at No. 1179 Malvern Road. Any requirement for screening may result in additional visual bulk or overshadowing implications for adjoining lots. While screening could take the form of additional planter boxes, there is insufficient information provide about the depths or heights of the planter boxes required to achieve compliance with Standard B22. Any further reduction to the size of the roof terraces may significantly impact the usability of these spaces. Further no information has been provided to ensure that the proposed development will not result in more than 50 per cent of internal overlooking between these spaces in order to comply with Standard B23, which again may require additional screening that will result in unreasonable additional visual bulk or overshadowing implications for adjoining lots. It is noted that the access to the roof terrace of Dwelling 2 is through the second floor balcony. It is not considered convenient to access the staircase to the roof terrace externally and further, the second floor balcony of Dwelling 2 is the only other area of private open space associated with the proposed dwelling (with no ground floor private open space proposed for this dwelling). Any conditional requirement to relocate the access to the roof terrace to be internal to the dwelling is considered inappropriate as it will unreasonably impact the usability of the second floor open plan Kitchen/Living/Dining room.

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Given the above, it is considered that the roof terraces are an inappropriate response to policy and will result in unreasonable impact on the character of the area, the amenity of adjoining lots and will unreasonably impact the usability and enjoyment of the proposed development for future residents. As such, a condition will be placed on any permit issued requiring the roof terraces to be removed, as well as the associated staircase access and any balustrade/parapet features. The proposal entails car parking to be located at grade, accessed from the unnamed laneway to the east of the site. Whilst one of the design responses within the GS3 precinct is the minimisation of hard paving associated with car parking and avoidance of excessive areas of driveways, the proposed accessway is considered an acceptable response given it is located to the side (eastern) boundary of the site and there is suitable area for landscaping to the north and south of the accessway to soften this area. Further the Landscape Plan prepared by Zenith Concepts (Council date stamped 8 February 2018) includes planting within the north-east and south-east corners of the site to soften the presentation of any driveway areas. Car Parking accessed from laneways is a consistent feature of lots located on the northern side of Malvern Road and therefore the scale and car parking location of the proposal will reflect, and not dominate, the streetscape character. Discussed in greater detail within the Landscape Section of this report, the proposed level of landscaping is also considered appropriate to maintain and strengthen the garden settings of buildings and landscaping of the neighbourhood, which is also identified within Clause 21.06-2 (Landscape Character) which seeks to ‘repair and reinforce the high quality landscape character of the City’ and the design guidelines of GS3 Precinct. It is considered that subject to conditions, the Landscape Plan prepared by Zenith Concepts (Council date stamped 8 February 2018) provides for adequate opportunity for landscaping as confirmed by Council’s Park’s Department. Revised plans submitted to Council 16 August 2018 include landscaped areas within the front, rear and side setbacks, and with the indicative location of three canopy trees, is an appropriate response to landscaping character within the surrounding area. The proposed front fence is considered to be an appropriate response to the preferred character within Clause 22.23. The proposed front fence features a low exposed brick fence to a height of approximately 600mm. While the proposal entails a masonry screen to 1.8 metres high associated with the ground floor private open space of Dwelling 1, this screen will be setback a minimum of 1.08 metres from Malvern Road and will feature landscaping in front of the screen. This is consistent with other approved residential developments within the surrounding area which feature ground floor private open spaces to Malvern Road, including No. 1199-1207 Malvern Road (Planning Permit No. 903/15), and therefore will sit comfortably within the fence designs within the surrounding area. Overall, it is considered that the design response, in terms of its presentation to key interfaces and incorporation of features of the surrounding area, and built form, will sit comfortably within the preferred character and emerging features of the surrounding area. Further, the proposal is considered to be a suitable response to the emerging streetscape character, as assessed against Clause 16.01 and Clause 21.06. For these reasons, it is considered that the proposal is considered an appropriate response to the Neighbourhood Character Policy at Clause 22.23 and Standard B1 (Neighbourhood Character), B2 (Residential Policy), B5 (Integration with the Street), B31 (Design Detail) and B32 (Front Fences). Built Form Street Setback

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The proposal features the following minimum setbacks from Malvern Road: 4 metres at Ground Floor; 3.4 metres at First Floor; 6 metres at Second Floor, with balcony protruding within this setback. A condition has been recommended to increase the setback at first floor to 4 metres to align with the ground floor setback, as well as removal of the roof terraces. It is noted that the existing building on the site features no street setback, associated with the commercial component of the building and 4.2 metre setback associated with the residential component of the building, with verandah protruding on this setback. The existing dwelling at No. 1179 Malvern Road features a street setback of 4.2 metres and the existing commercial building at No. 1187-1189 Malvern Road is constructed along the Malvern Road frontage of the site. Subject to condition, the proposed street setback provides a transition between the existing building on the site, the building at No. 1187-1189 Malvern Road, which features no setback from Malvern Road, and that of No. 1179 Malvern Road, responding to the street alignment. Therefore the street setback is considered to comply with the objective at Clause 55.03-1 (Street Setback). Building Height The proposed maximum overall building height is 11.15 metres. This complies with the requirements of Schedule 1 to the General Residential Zone which allows for a maximum height of 13.5 metres above natural ground and 14.5 metres with the requisite slope in ground level. The height is similar or lower to the height of many other buildings in the surrounding area along Malvern Road, including the approved developments at No. 1199-1207 Malvern Road, which features four storeys and an overall building height of 13.75 metres, and No. 1174-1176 Malvern Road, which features three storeys and an overall building height of 11 metres. Whilst the adjoining allotments are predominately single storey, in its immediate setting and in context with the emerging development within the surrounding area, the proposal’s three storey form is considered appropriate. It is noted that the second floor is setback an additional 2.6 metres from first floor, which will ensure a complementary relationship in terms of building height and views from the street. Site Coverage and Permeability The total lot size is 423.8 square metres. The maximum site coverage as specified in Standard A5 is 60% and Schedule 1 of the General Residential Zone stipulates 75% maximum basement coverage. The proposed site coverage is 222.2 square metres (52.4%) and no basement is proposed. Further the proposed permeable area will be 107 square metres (25.3%), as part of the revised landscape plan, it is recommended that the landscape plan show the intended location of all lawns, garden planting areas and permeable pebble mulch. As such, the permeable area exceeds the 20% minimum area pursuant to Clause 55.03-4 and therefore the proposal complies with Standard B8 and B9. Off-Site Amenity Side and rear setbacks Schedule 1 to the General Residential Zone includes the following modified B17 Standard:

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.

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Within 5 metres behind the front façade of the proposed development, the development is setback in excess of 1 metre from the eastern boundary and in excess of 2 metres from the western boundary. Therefore the proposed built form within 5 metres of the front façade of the building is considered to meet the modified Standard. Standard B17 (side and rear setbacks) sets out numeric requirements for side and rear setbacks. The table below illustrates how the proposal meets these requirements. North

Location Wall Height Setback Required

Setback Proposed

Shortfall? Complies?

First Floor (including Second Floor Balcony)

7.66 metres 2.75 metres 2.9 metres N/A

Second Floor 9.9 metres 4.99 metres 5.45 metres N/A

Parapet 11.1 metres 6.19 metres 7.6 metres N/A

West

Location Wall Height Setback Required

Setback Proposed

Shortfall? Complies?

First Floor 7.47 metres 2.56 metres 2.97 metres N/A

Lift core and Staircase access

7 metres 2.09 metres 2.06 metres 30 mm x

Second Floor (Dormer roof)

9.47 metres 4.56 metres 3.37 metres 1.19 metres x

Parapet 10.56 metres 5.65 metres 5.77 metres N/A

East

Location Wall Height Setback Required

Setback Proposed

Shortfall? Complies?

Second Floor Balconies

7.71 metres 2.8 metres 1.6 metres 1.2 metres x

Parapet 11.15 metres 6.24 metres 1.01 metres 5.23 metres x

Given the limited lot sizes, boundary construction and narrow spacing between properties in this neighbourhood, the areas of non-compliance are considered to be acceptable from a character perspective.

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Given the non-sensitive interfaces to the east of the site, namely the unnamed laneway, commercial building constructed hard up again the laneway associated with No. 1187-1189 Malvern Road and the shed and garage associated with the rear of No. 1185 Malvern Road (1 Plant Street), the variation with regards to the eastern elevation will not result in any off-site amenity impacts and the 1 metre setback from the boundary will provide appropriate spacing as to not crowd the laneway, improving on the existing building on the site that is constructed hard up against the eastern boundary of the site. For the reasons that will be discussed in the assessment of Standard B19 (Daylight to Existing Windows) below, subject to conditions the non-compliance to the west will not impact on daylight access to the habitable room windows on adjoining lots. In addition, the bulk impact associated with the non-compliances are not considered to be excessive given the location of the non-compliances are not adjacent any private open space (noting that given the slope in natural ground level the lift core is compliant at the point adjacent No. 1179 Malvern Road’s private open space) and the adjoining lot’s habitable room windows have existing outlooks to boundary fence with a height of 1.9 metres. As a result, the proposal meets the objective of Clause 55.04-1. It is noted that no walls are proposed to be constructed on or within 200mm of a side or rear boundary. Therefore, Standard B18 is not applicable. Daylight to Existing Windows Standard B19 sets out setback requirements to ensure existing habitable room windows would receive adequate daylight. The table below outlines how the proposal complies with the requirements of Standard B19:

Interface with No. 1179 Malvern Road, features four ground floor windows with minimum setbacks from the common boundary ranging from 0.9 metres to 1.1 metres. It is noted that the application plans refer to all four windows as being habitable room windows, however a search of Council’s Records and Real Estate Photos/Floor Plans from the listing of the lot in 2017 detail that the second window from the north as adjacent the subject site is associated with bathroom/laundry, i.e. non-habitable room.

Location Wall Height Setback Required (from the habitable room window)

Setback Proposed (from common boundary)

Shortfall? Complies?

First Floor 7.47 metres 3.735 metres 2.97 metres N/A

Lift core and Staircase access

7 metres 3.5 metres 2.06 metres 540 mm x

Second Floor (Dormer roof)

9.47 metres 4.735 metres 3.37 metres 465 mm x

Parapet 10.56 metres 5.28 metres 5.77 metres N/A

Assessment of the floor plan for No. 1179 Malvern Road show that the northern most window adjacent the proposal is associated with an open plan kitchen/dining room that has several other light sources including skylights and primary north facing windows that run the length of northern elevation of the lot. As a result, it is considered that the proposal will not unreasonably restrict daylight access to the existing neighbouring habitable room.

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With regards to the other two habitable room windows (the southern-most windows), these are associated with a bedroom and a ‘Lounge’, and are the only source of daylight for these rooms. Given the existing building on the site is single storey and the proposal is for a three storey development, it is considered that the proposed development should ensure no unreasonable reduction of daylight to these habitable rooms. As such, it is recommended that a condition be placed on any permit issued requiring that the second floor (dormer roof) associated with the Kitchen of Dwelling 1 be setback from the western boundary to comply with Standard B19.This condition will also ensure that the Lift Core/Staircase adjacent these windows will comply with the Standard. Subject to conditions, the proposal will not unreasonably impact on daylight to the habitable room windows associated with adjoining dwellings and will ensure that all existing habitable windows will have a light court that has an area exceeding 3 square metres with more than 1 metre clear to the sky. Therefore, the proposed development will meet the objectives of Clause 55.04-3 (Daylight to Existing Windows) and Clause 55.03-5 (Energy Efficiency). Overshadowing The relevant assessment mechanism for overshadowing of neighbouring areas of private open space is the overshadowing open space objective, including Standard B21. This standard states the following:

Where sunlight to the secluded private open space of an existing dwelling is reduced, at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space should receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September. If existing sunlight to the secluded private open space of an existing dwelling is less than the

requirements of this standard, the amount of sunlight should not be further reduced. The objective of Clause 55.04-5 is ‘to ensure buildings do not significantly overshadow existing secluded private open space.’ BD-8405-TP05 identifies the areas of existing and proposed overshadowing. Given the orientation of the site and adjoining lots, only the private open space of No. 1179 Malvern Road will be affected by any additional shadow. Any additional shadow to the adjoining lot to the west will be predominately encompassed in existing shadows, including of the existing boundary fence. Whilst there is an approximately 0.5 square metres addition of shadowing at 9 am, it is noted that the shadow diagrams do not include overshadowing associated with the existing shed at the rear of the site. The shed has a maximum wall height of 4.68 metres along the western boundary as adjacent the private open space of No. 1179 Malvern Road. The proposal entails the removal of this shed and as such, will result in greater sunlight access to the private open space of No. 1179 Malvern Road. Overlooking The key assessment tool to determine unreasonable overlooking is the Overlooking Objective, including Standard B22. The standard provides a 9m 45 degree angle arc that determines unreasonable overlooking, and windows or balconies that are located in such a position must be screened to a height of 1.7m above finished floor level accordingly. - West Elevation

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It is noted that the only habitable room windows along the western elevation of the development are associated with the second floor Kitchen windows. The windows are not proposed to be screened, as such a condition will be placed on any permit issued requiring the windows to be screened in accordance with Standard B22 or overlooking diagrams be provided that confirm no unreasonable overlooking into the habitable room windows or private open space of No. 1179 Malvern Road. - North Elevation

None of the northern ground level windows or areas of private open space are located in a position that will generate overlooking concerns given the proposed boundary fences with a minimum height of 2.2 metres along the northern boundary which will act as a visual barrier. The north facing first floor Bedroom 1 and second floor balcony of Dwelling 3 are not proposed to be screened. Whilst not specifically dimensioned on the plans, the laneway to the north of the site is approximately 3.7 metres wide on the plans. A review of Council’s records and a site visit conducted by Council’s Planning Officers confirm that the laneway to the north of the site is 3 metres wide. This results in the provided overlooking diagrams not being accurate and resulting in potential unreasonable overlooking into the private open space of No. 22 Woodmason Street and No. 24 Woodmason Street. As such, it is recommended that a condition be placed on any permit issued requiring screening in accordance with the Standard or overlooking diagrams confirming no unreasonable overlooking into the private open spaces of the lots to the north of the site. - East and South Elevations

There are no sensitive interfaces along these aspects of the development that require screening of habitable spaces, i.e. Malvern Road to the south, and the 3.75 metre wide unnamed laneway to the east. It is noted that to the east of the site, beyond the laneway is the commercial building at No. 1187-1189 Malvern Road and the rear of No. 1185 Malvern Road (1 Plant Street). Any view lines within a 9 metre 45 degree arc from habitable spaces associated with the proposed development into No. 1185 Malvern Road (1 Plant Street) will be restricted by the existing shed and garage constructed hard up along the western boundary of this lot. - Internal views

Given the orientation and layout of the proposed dwellings, the only area that may result in internal views is the roof terraces and a condition has been recommended to remove the roof terraces. Internal amenity All proposed habitable rooms include windows that are located to face outdoor spaces clear to the sky, which will be sufficient to allow an appropriate amount of sunlight and daylight into the habitable areas of the each of the proposed dwellings. It is noted that in response to Standard B22 (Overlooking) the west facing windows associated with the Kitchens of all proposed dwellings at second floor. It is noted that these rooms feature multiple daylight sources that are unscreened and as such, it is considered that the screens will not unreasonable impact the internal amenity of these habitable spaces. Private open space It is noted that a condition has been recommended to remove the proposed roof terraces of associated with all three dwellings. Dwelling 1 and Dwelling 3 will continue to feature primary private open space in the form of balconies at second floor, with additional open space at ground floor.

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The size and minimal width of the balconies comply with the requirements of Standard B28 and are directly accessible from the open plan Living/Dining/Kitchen rooms of each dwelling. While the ground floor open spaces falls short of the requirement of Standard B28, it is considered that the courtyards are useable and will satisfy the reasonable recreational and service needs of residents. Dwelling 2 will continue to feature a primary open space in the form of an eastern facing balcony at second floor. While the balcony achieves the minimum width under the Standard, it fails to provide the minimum area of 8 square metres. As such, it is recommended that a condition be placed on any permit issued that requires the second floor balcony associated with Dwelling 2 to have a minimum size of 8 square metres with a minimum width of 1.6 metres (excluding any additional area required for services), to ensure the usability of all private open spaces associated with dwelling for future residents. Service facilities and Storage Standard B30 requires that each dwelling should have convenient access to at least 6 cubic metres of secure storage space located within the individual garages of the proposed dwellings (i.e. 6 cubic metres). It is noted that the proposed storage areas are not externally located, however given the size of the dwellings and that the minimum area of storage is provided for all proposed dwellings, it is considered that the development can adequately cater for storage requirements of the future residents. Therefore it is considered that the proposal complies with the Objective. The proposal provides for adequate space for services to be installed and maintained efficiently. It is noted that the proposal entails services are located to the side, consistent with other approved developments within the surrounding area and are provided with adequate screening to restrict visibility from Malvern Road. The mailboxes for the dwellings are located adjacent the shared pedestrian path to allow for convenient access as required by Australia Post. The bin storage areas are shown to be located within the individual garages of each of the dwellings, which will allow for sufficient space and convenient access by residents. Therefore the proposal complies with the Standard. Landscaping As discussed above, it is noted that no revised landscape plan was submitted as part of the revised application lodged with Council 16 August 2018. However, the revised plans submitted to Council on 16 August 2018, provide an indicative location of planting predominately along the north, west and east boundaries of the site. The plans also include an indicative location of three canopy trees. This is reflective of the Landscape Plan prepared by Zenith Concepts (Council date stamped 8 February 2018), which shows planting throughout the site. It is considered that the proposed landscape response is considered acceptable and complies with Council’s Municipal Strategic Statement. Clause 21.06-2 (Landscape character) that seeks to ‘repair and reinforce the high quality landscape character of the City’. While the proposal entails several canopy trees within the front and rear setbacks, the Landscape Plan prepared by Zenith Concepts nominates these trees as having a height at maturity of 6 metres. Given the height of the proposed development, maximum of 11.15 metres, it is considered that this is insufficient. As such, it is recommended that a condition be placed on any permit issued requiring at least three canopy trees, one in the front (southern) setback and two in the northern (rear) setback of the site as indicatively shown on plans Council date stamped 16 August 2018, to have a minimum height of 10 – 12 metres at maturity.

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This will soften the presentation of the proposed development when viewed from both the streetscape and adjoining lots, including from the residential hinterlands to the north of the site. Car Parking and Traffic The proposal seeks approval to construct two x three-bedroom dwellings and one x two-bedroom dwelling, generating a requirement to provide five (5) resident parking spaces. The proposed development provides six (6) residential car parking spaces, with two (2) spaces allocated to each dwelling to be provided within individual garages accessed from the unnamed laneway to the east of the site. Therefore satisfying Clause 52.06-5. The internal dimensions of the individual garages meet the minimum dimensions of 5.5m x 6m for double garages pursuant to Clause 52.06-8 and is considered appropriate. Further the width of the garage doors, which are nominated as 5.05 metres wide exceed the relevant Australian Standard and comply with Clause 52.08-6. Whilst the plans have nominated a height clearance of the garage doors as 2.4 metres, it is unclear the clearance within the garages and as such, a condition has been recommended to show that the headroom within the garage, including with garage door in the open position. The gradient of the access to and within the parking areas has not been detailed and conditions have been recommended on any permit issued to address this, including requiring the minimum gradient of the parking area to be 1 in 200 (0.5%) and detailed accordingly. Council’s Transport and Parking Department have raised concerns with the ingress and egress to the individual garages from the laneway as only B85 vehicular swept path diagrams have been provided and it is recommended that B99 vehicular swept path diagrams be used onto a public road. It is noted that for situations where there is relatively low traffic volumes and special circumstances of severe space limitations, Australian Standard AS/NZS 2890.1:2004 Parking Facilities B2.2 states that it is acceptable to use B85 vehicle dimensions when designing car parking arrangements. It is noted that there are bollards constructed adjacent to the eastern boundary of No. 24 Woodmason Street that prevents access from Malvern Road through to Woodmason Street and Somers Avenue, and subsequently reduces traffic along the laneway. Further Council’s Transport Department has provided comment that the proposal is not expected to have significant impact on existing traffic conditions. The subject site is relatively narrow, having a width of 11.63 metres along the Malvern Road frontage of the site and 9.85 metres along the rear (northern) boundary of the site. Given the narrow width of the site, it is considered that access to the site is severally limited. Especially considering that Malvern Road is a Road Zone Category 1 Road controlled by VicRoads, which has additional requirements for car parking arrangements, including the requirement for cars to exit in a forward direction. As such, given the site restrictions and that the proposed development is not considered to result in any significant impact on existing traffic conditions, it is considered appropriate to use B85 vehicular swept path diagrams. However, it is noted that B99 vehicles can still access the car parking spaces but may require additional movements to gain access, which is considered acceptable given the low levels of traffic along the unnamed laneway. In line with Council’s Transport and Parking Department’s comments, a condition is recommended to be placed on any permit issued requiring B85 swept path diagrams that demonstrate that both car parking spaces within individual garages can achieve egress from the site in one movement whilst a vehicle is parked in the adjacent space, with any minor alterations required to achieve this with no increase in the building footprint. Further conditions have been recommended to address sight distance triangles at the edges of the access way, as well as splays on the north-east and south-east corners of the site to improve safety, visibility of pedestrians and manoeuvrability of motorists.

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This in turn will assist with concerns raised about ingress and egress from the site. It is noted that whilst not specifically applicable, the accessway of the garages associated with Dwellings 1 and 3 do not appear to be more than 10 metres from an intersection as would be required by Council’s Vehicle Crossing Policy. As such, conditions will be placed on any permit issued requiring a convex mirror or similar mechanism to be detailed within the property boundary to assist in the visibility of pedestrians and motorists, as well as clarification that the sight distance triangle will be provided clear of visual obstruction to the accessways. Subject to the above conditions the proposed access and parking arrangements are considered to be practical and appropriate to the needs of residents. The proposal is considered to meet the requirements of Standard B14 and B15. Sustainable Design Assessment Pursuant to Clause 22.05 Environmentally Sustainable Development and Clause 22.18 Stormwater Management, the proposed development is required to submit a Sustainable Design Assessment (SDA) and a Water Sensitive Urban Design Response (WSUDR). The Applicant has not provided either. The proposed development is therefore not considered to meet the requirements of Stonington’s Environmentally Sustainable Development Policy at Clause 22.05 and Stormwater Management Policy at Clause 22.18. As such, a condition will be placed on any permit issued to submit a SDA and WSUDR. Objections All grounds of objection have been discussed in the body of this report. Human Rights Consideration This application has been assessed in accordance with the requirements of the Planning and Environment Act 1987 (including the Stonnington Planning Scheme), reviewed by the State Government and which complies with the Charter of Human Rights and Responsibilities Act 2006. CONCLUSION Having assessed the application against the relevant planning controls, it is recommended that the proposal be supported for the following reasons:

The proposal, subject to modifications, represents a design which responds to the policy direction for the area;

The proposed height is appropriate in an area where policy encourages medium to high density development;

The proposal provides for no unreasonable off-site amenity impacts, while providing for adequate levels of internal amenity to future residents;

Appropriate setbacks are provided for spacing and landscaping of the development;

The proposal provides sufficient parking on-site.

ATTACHMENTS

⇨1. PA - 0971-17 - 1181-1183 Malvern Road Malvern - Attachment 1 of 1 Plans

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RECOMMENDATION

That a Notice of Decision to Grant a Planning Permit No: 971/17 for the land located at 1181-1183 Malvern Road Malvern be issued under the Stonnington Planning Scheme for the construction of a multi-dwelling development in a General Residential Zone subject to the following conditions: 1. Before the commencement of the development, one (1) electronic copy 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

(Drawing No. 8405-BD-TP01 Rec C to 8405-BD-TP05 Rev C) Council date stamped

16 August 2018 but modified to show:

a) Setback of the first floor from the southern (Malvern Road) boundary

increased to 4 metres and from the northern (unnamed laneway) boundary

increased in to 3.51 metres, and any inconsequential modifications to the

first floor layout as a result.

b) Removal of the roof terraces of all dwellings and associated staircase

access and balustrade/parapet features, and any inconsequential

modifications to the second floor layout as a result.

c) Second floor balcony associated with Dwelling 2 to have a minimum size of

8 square metres with a minimum width of 1.6 metres (excluding any

additional area required for services) to comply with Standard B22, and any

inconsequential modifications to the second floor layout as a result.

d) Setback of the Second Floor (Dormer Roof) associated with the Kitchen of

Dwelling 1 from western boundary to comply with Standard B19.

e) Screening of Second Floor west facing Kitchen windows of all dwellings in

accordance with Standard B22 or the provision of overlooking diagrams

that show no unreasonable overlooking into the habitable room windows or

private open space of No. 1179 Malvern Road.

f) Screening of the First and Second Floor north facing windows and balcony

of Dwelling 3 in accordance with Standard B22 or the provision of

overlooking diagrams that show no unreasonable overlooking into the

private open spaces. Any overlooking diagrams should account for the

laneway to the north of the site being 3 metres wide.

g) B85 swept path diagrams showing vehicles can access both car parking

spaces located within individual garages in one movement while a vehicle

is parked adjacent the space or any alterations required to achieve this with

no increase in the building footprint.

h) A sight triangle to the north and south of the proposed access, including

dimensions and annotations that no buildings, fences or vegetation above

900mm in height can be placed within the sight triangle.

i) A sight triangle to the south-east corner of the site, including dimensions

and annotations that no buildings, fences or vegetation above 900mm in

height can be placed within the sight triangle.

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j) A 3 metre by 3 metre splay to the north-east corner of the site or reduced

splay with associated B99 swept path diagrams showing vehicle can

navigate the corner with the proposed splay in one movement on either

approach.

k) A convex mirror or similar mechanism to be located on the northern edge

of the garage associated with Dwelling 3 and the southern edge of the

garage associated with Dwelling 1 entirely within the property boundaries

of the site, to assist in the visibility of ingress and egress to the site.

l) Dimensioned gradients of ramp from existing laneway to individual garages

to prevent vehicle scraping or bottoming as per the requirements of the

Stonnington Planning Scheme and/or Australian Standards.

m) Dimensioned floor gradients within the individual garages to be a minimum

gradient of 1 in 200 (0.5%) in accordance with the Planning Scheme and/or

Australian Standards.

n) Dimension minimum headroom clearance of 2.2 metres measured at the

entry point of garage when garage door is in an open position in

accordance with Australian Standards.

o) Any changes required by Condition 3, including location of any proposed

measures included in the Sustainable Design Assessment.

p) Any changes required by Condition 5, including location of any proposed

measures, annotations demonstrating the proposed areas for rain water

collection and connectivity between features and the proposed means of

reuse as included in the Water Sensitive Urban Design Response.

q) Any changes as required by the Landscape 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

without the prior written consent of the Responsible Authority.

3. Concurrent with the endorsement of any plans pursuant to Condition 1, a

Sustainable Design Assessment (SDA) must be submitted to and approved by

the Responsible Authority. Upon approval the SDA will be endorsed as part of

the planning permit and the development must incorporate the sustainable

design initiatives outlined in the SDA to the satisfaction of the Responsible

Authority. Amendments to the SDA must be incorporated into plan changes

required under Condition 1. The report must include, but not limited to, the

following:

a) Demonstrate how Best Practice measures from each of the 10 key Sustainable Design Categories of Stonnington Council’s Sustainable Design Assessment in the Planning Process (SDAPP) have been addressed

b) Identify relevant statutory obligations, strategic or other documented sustainability targets or performance standards

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c) Document the means by which the appropriate target or performance is to be achieved

d) Identify responsibilities and a schedule for implementation, and ongoing management, maintenance and monitoring.

e) Demonstrate that the design elements, technologies and operational practices that comprise the SDA can be maintained over time.

All works must be undertaken in accordance with the endorsed Sustainable

Design Assessment to the satisfaction of the Responsible Authority. No

alterations to the Sustainable Design Assessment may occur without written

consent of the Responsible Authority.

4. All works must be undertaken in accordance with the endorsed Sustainable

Design Assessment to the satisfaction of the Responsible Authority. No

alterations to the Sustainable Design Assessment may occur without written

consent of the Responsible Authority.

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. 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 drawn to scale with dimensions. The landscape plan

must be in accordance with the Landscape Plan prepared by Zenith Concepts

(Council date stamped 8 February 2018) but modified to show:

a) Any changes as required by Condition 1 with no reduction of number of

canopy trees.

b) Clearly distinguish between permeable and impermeable areas. The

permeable area must be generally in accordance with 8405-BD-TP02 Rev C –

Proposed Ground and First Floor Plan, submitted to Council on 16 August

2018.

c) Landscaping and planting, including canopy trees in the following areas:

i. A minimum of one canopy tree with in the front (Malvern Road)

setback of the site with a minimum height at maturity of 10 to 12

metres.

ii. A minimum of two canopy trees within the rear (northern) setback of

the site, with a minimum height of 10 to 12 metres at maturity.

All to the satisfaction of the Responsible Authority.

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8. Before the occupation of the building, 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.

9. Before the development (including excavation and demolition) starts, a tree

protection fence must be erected around the street tree along Malvern Road in

front of the subject site. Fencing is to be compliant with Section 4 of AS 4970.

10. A report for the legal point of discharge must be obtained from Council and a

drainage design for the development must be prepared by a suitably qualified

Engineer in accordance with that report prior to a building permit being issued.

All drainage must be by means of a gravity based system with the exception of

any basement ramp and agricultural drains which may be pumped. The drainage

must be constructed in accordance with the Engineer’s design.

11. The existing right-of-way levels must not be lowered or altered in any way at the

property line (to facilitate the access to the garages).

12. 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.

13. Prior to the occupation of the building, fixed privacy screens (not adhesive film

or timber screens) 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.

14. All plant and equipment (including air-conditioning units) shall be located or

screened so as to minimise visibility from any of the surrounding footpaths and

from overhead views 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.

15. 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.

16. 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.

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.

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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. Nothing in the permit hereby issued may be construed to allow the removal of, damage to or pruning of any street tree without the further written consent of the Stonnington City Council. Contact the Council Arborists on 8290 1333 for further information.

III. Council has adopted a zero tolerance approach in respect to the failure to implement the vegetation related requirements of Planning Permits and endorsed documentation. Any failure to fully adhere to these requirements will be cause for prosecution. This is the first and only warning which will be issued.

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:

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.

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5. PLANNING PERMIT 0297/15 - 1579-1581 MALVERN ROAD, GLEN IRIS VIC 3146- SECTION 72 AMENDMENT TO APPROVED PLANS COMPRISING ALTERATIONS AND

ADDITIONS AT ALL LEVELS AND REDUCTION IN THE NUMBER OF DWELLINGS

Planning Appeals Coordinator: Jun Yu General Manager Planning & Amenity: Stuart Draffin

PURPOSE

For Council to consider a Section 72 Amendment application to Planning Permit No. 297/15 to allow for alterations and additions at all levels and a reduction in the number of dwellings at 1579-1581 Malvern Road, Glen Iris. Executive Summary Applicant: Tract Consultants Pty Ltd Ward: East Zone: Residential Growth Zone (Schedule 2) Overlay: N/A Neighbourhood Precinct: Garden Suburban 3 Date lodged: 03 May 2018 Statutory days: (as at council meeting date)

54

Trigger for referral to Council:

Alterations and additions to a previously approved building that is four storeys

Number of objections: 4 objections from 3 different properties Consultative Meeting: No Officer Recommendation: Issue a Notice of Decision to Amend a Planning Permit

BACKGROUND History Planning Permit 297/15 was issued on 21 April 2016 for construction of a multi dwelling development in a Residential Growth Zone and a reduction to the visitor car parking requirements. Plans were first endorsed on 4 August 2016 forming part of the permit. The first amendment to the permit was issued on 27 September 2016 under a Secondary Consent approval. The amendments were to building façade material changes. The second amendment to the permit was issued on 19 May 2017 under a Secondary Consent approval. This amendment was for alterations to boundary setbacks and relative levels at basement level, modifications to openings (with dimensions unaltered), internal reconfiguration, modifications to roof service area and reconfigured site coverage. An extension of time approval to the permit was issued on 15 March 2018. Works must commence by 21 April 2020 and be completed by 21 April 2022. This is the third amendment application to the permit.

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The Proposal The plans that form part of the basis of Council's consideration were prepared by DKO Architecture (Vic.) Pty Ltd and known as File No. 00011874, Drawing No.s: TP03 Demolition Plan (rev A), TP04 Site Plan (rev C), TP05 Basement 2 (rev C), TP06 Basement 1 (rev C), TP07 Ground Floor Plan (rev E), TP08 Level 1 (rev C), TP09 Level 2 (rev C), TP010 Level 3 (rev B), TP011 Roof Plan (rev B), TP012 East Elevation (rev C), TP013 South Elevation (rev C), TP014 West Elevations (rev B), TP015 North Elevation (rev B), TP016 Section (rev C), TP017 Section (rev B), TP018 Section (rev B), TP019 Shadow Comparison – 22 September 9am (rev C), TP020 Shadow Comparison – 22 September 10am (rev C), TP021 Shadow Comparison – 22 September 11am (rev C), TP022 Shadow Comparison – 22 September 12pm (rev C), TP023 Shadow Comparison – 22 September 1pm (rev C), TP024 Shadow Comparison – 22 September 2pm (rev C), TP025 Shadow Comparison – 22 September 3pm (rev C), TP026 Artists Impression (rev C) and TP027 Artists Impression (rev B) and Council date stamped 26 September 2018, Landscape Plans prepared by John Patrick Landscape Architecture Pty Ltd and Council date stamped 3 May 2018, Arborist Report prepared by D. S. Murray & Co and Council date stamped 3 May 2018, Sustainable Management Plan & Water Sensitive Urban Design Response prepared by Ark Resources and Council date stamped 3 May 2018, Waste Management Plan prepared by Leigh Design Pty Ltd and Council date stamped 3 May 2018 and Traffic Impact Assessment Report prepared by OneMileGrid and Council date stamped 3 May 2018. Notably, the revised plans Council date stamped 26 September 2018 were formally submitted pursuant to section 57A of the Planning and Environment Act 1987 and superseded the originally advertised plans (Council date stamped 26 June 2018). These plans were submitted to respond to concerns raised by Council and objectors, and include the following key changes:

The setback of the proposed lift core increased from 2.73m to 3.5m from the western boundary;

A north-facing bedroom associated with U1.01 deleted; resultantly, a north-facing balcony proposed by way of internal reconfigurations;

Modifications to materials and finishes As the revised scheme will not result in further potential detriment, re-advertising was therefore not required. Key features of the amendment proposal are: General

The number of dwellings reduced from 22 (comprising 11 x 1-bedroom and 11 x 2-bedroom) to 12 (comprising 10 x 3-bedroom and 2 x 2-bedroom dwellings)

The maximum building height increased by 930mm (from RL 38.87 to 39.80, to the parapet)

The maximum height of the life core increased by 1100mm (from RL 39.42 to 40.62)

Relocation of the internal lift and stairs Basement Floor Plan

The inclusion of a Basement Level 2

One basemen level of car stackers changed to two basement levels of car parking spaces

A total of 25 car parking spaces proposed including 23 for residents and 2 for visitors

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Changes to the internal layout of the car spaces, storage facilities and bicycle facilities

Variations to the setbacks at basement level as follows:

Approved setbacks Proposed setbacks

North 1.37m 1.185m

South 3.84m 2.6m

East 1.85m 1.4m (boundary wall deleted)

West 0.85m 1.2m (boundary wall deleted)

Ground Floor Plan

Deletion of the substation

Foyer, lift and staircase relocated resulting in a lift core with a western setback of 3.5m

Internal reconfigurations resulting in a reduction of dwelling numbers from 6 to 3

The floor to floor height increased from 2.95m to 3.1m

Variations to the setbacks at ground level as follows:

Approved setbacks Proposed setbacks

North 1.555m 2.13m

South 6m – 9.93m 6m – 7.45m

East 1.8m – 3m 3m

West 2.2m 2.23m

First Floor Plan

Internal reconfigurations resulting in a reduction of dwelling numbers from 6 to 4

The floor to floor height increased from 2.95m to 3.1m

Variations to the setbacks at first level outlined as follows:

Approved setbacks Proposed setbacks

North 5.39m 5.92m

3.505m (the balcony of U1.01)

3.57m (the balcony of U1.01)

South 5.5m 5.4m

East - -

West 2.2m 2.23m

Second Floor Plan

Internal reconfigurations resulting in a reduction of dwelling numbers from 6 to 3

The floor to floor height increased from 2.95m to 3.25m

Variations to the setbacks at second level as follows:

Approved setbacks Proposed setbacks

North 6.4m 6.4m

South 5.5m 5.54m

East 3m 2.5m – 3m

West 2.2m (balconies) 4.2m (the wall)

2.23m (balconies) 4.28m (the wall)

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Third Floor Plan

Internal reconfigurations resulting in a reduction of dwelling numbers of 4 to 2

To the north, the setback of the balcony decreased from 8.51m to 8.47m; the setback to the wall decreased from 10.51 to 10.47m

The floor to floor height increased from 2.75m to 3.3m

Variations to the setbacks at third level as follows:

Approved setbacks Proposed setbacks

North 8.545m (to the balcony) 10.545m (to wall)

8.47m (to the balcony) 10.47m (to wall)

South 5.943m (to the balconies) 9m (to wall)

5.54m (to the balconies) 8m (to wall)

East 5m (to wall) 5m (to wall)

West 4.8m (the wall) 4.83m (to wall) 3.5m (to the lift core)

Roof Plan

Relocation of lift core, the service zone and solar panels

Variations to the setbacks at third level outlined as follows:

Approved setbacks Proposed setbacks

North 9.77m 10.51m

South 8.5m 7.95m

East 4.2m 3.3m

West 4.004m 4.78m

Elevation

Alterations to the treatment and materials of the façade The proposed amendment seeks permission to delete ‘Reduction to visitor car parking requirement’ from the Permit Preamble. Site and Surrounds The site is located on the north western corner of the intersection of Malvern Road and Glentilt Road. It is approximately 82.3m east of the intersection with Kenilworth Grove, 193.8m west of Burke Road and 100m south of Gardiner Railway Station. The site has the following characteristics:

The site is rectangular in shape and has a total site area of approximately 885sqm.

The site has dual frontage: to the south, it provides a frontage of 21.3m to Malvern Road; to the east, it provides a frontage of 42.9m to Glentilt Road.

The site currently contains a double storey dwelling.

Pedestrian access is provided via Malvern Road and vehicle access is provided via Glentilt Road leading to a single garage situated in the north-east corner of the site.

The site is affected by a gentle slope running downhill from Malvern Road.

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The site’s immediate surrounds are described as follows:

To the immediate north is a single storey dwelling at 1 Glentilt Road, which has a number of habitable room windows facing the subject site.

To the immediate west is a property at 1577 Malvern Road, which houses a double storey dwelling. This development was approved under Planning Permit No. 1057/08 issued on 23 March 2009 under delegation;

To the immediate east, the site abuts Glentilt Road. On the opposite side of the street is a double storey apartment building at 1583-1585 Malvern Road;

To the immediate south, the site abuts Malvern Road. On the opposite side of the street is the land at 1524-1526 Malvern Road, which houses 12 dwellings including 8 three storey dwellings and 4 double storey dwellings. This development was approved under Planning Permit No. 258/10 issued on 8 September 2011. This Permit was supported by Council subject to conditions and affirmed by the Victorian Civil and Administrative Tribunal. Further to the south-east, a four storey apartment development is under construction at 1522 Malvern Road, Glen Iris.

The Title The site is described on Certificate of Title Volume 8022 Folio 111 / on Lot 1 of TP557331F. No covenants or easements affect the land. Planning Controls The following controls/permit triggers are considerations for this application: Zone Clause 32.07 – Residential Growth Zone (Schedule 2) Pursuant to Clause 32.07-5, a planning permit is required to construct two or more dwellings on a lot. A development must meet the requirements of Clause 55. Furthermore, as stipulated in Schedule 2 to the zone, a building used as a dwelling or a residential building must not exceed a height of 13.5 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 14.5 metres. Schedule 2 also sets out variations to requirements stipulated in Clause 55 of the Stonnington Planning Scheme, which are outlined below:

Standard Requirement

Site coverage B8 Basements should not exceed 75% of the site area.

Overlay No overlays affect the subject site. Particular Provisions Clause 52.06 – Car Parking Pursuant to Clause 52.06-2, before a new use commences the number of car parking spaces required under Clause 52.06-5 must be provided on the land.

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Pursuant to Clause 52.06-5, a dwelling requires 1 car space to each one or two bedroom dwelling, 2 car spaces to each three or more bedroom dwelling and 1 visitor space to each 5 dwellings for development of 5 or more dwellings. The statutory car parking rate for this development is listed below:

Dwelling type No. of dwellings Car parking required

Car parking proposed

1 and 2 bedrooms 2, (U1.02 and U1.03)

2 23 3 and more bedrooms 10

(G1, G2, G3, U1.01, U1.04, U2.01, U2.02, U2.03, U3.01 and U3.02)

20

Visitors - 0 2

TOTAL 12 22 25

A total of 25 car parking spaces are proposed including 23 for the residents and 2 for visitors. The car parking requirement is therefore considered met. Clause 55 - Two or more dwellings on a lot and residential buildings. A development must meet all of the objectives of this clause and should meet all of the standards of this clause. Relevant Planning Policies The following clauses of the Stonnington Planning Scheme, in addition to those listed above, are particularly relevant to this assessment: Clause 11.02 Managing Growth Clause 11.03-2S Growth Areas Clause 12 Environmental and Landscape Values

Clause 15 Built Environment and Heritage Clause 15.01 Built Environment Clause 15.01-5S Neighbourhood Character Clause 15.01-1R Urban Design Clause 15.02 Sustainable Development Clause 16 Housing Clause 16.01-2S Location of Residential Development Clause 16.01 Residential Development Clause 21.03 Vision Clause 21.05 Housing Clause 21.06 Built Environment and Heritage Clause 21.07 Open Space and Environment

Clause 32.07 Residential Growth 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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Advertising The application has been advertised pursuant to Section 52 of the Planning and Environment Act 1987 by sending notices to the owners and occupiers of adjoining land and by placing 2 signs on the site. The public notification of the application has been completed satisfactorily. 4 objections from 3 different properties have been received. Below is a summary of the objections:

The proposal fails to provide a transition between a Residential Growth Zone and a Neighbourhood Residential Zone to the immediate north.

The increased building height results in insufficient boundary setbacks and visual bulk.

The inclusion of a north facing bedroom results in visual bulk and potential overlooking.

The pruning of the significant tree on Malvern Road is inconsistent with the previous arborist report and the further encroachment is excessive.

The proposed trees to be planted along the norther boundary are inadequate.

The waste management arrangement should incorporate larger bins. In response to the objections, revised plans were submitted to Council on 26 September 2018. These plans were formally submitted pursuant to Section 57A of the Planning and Environment Act 1987 and supersede the originally advertised plans (Council date stamped 26 June 2018). The revised plans involve the following key changes:

The setback of the proposed lift core increased from 2.73m to 3.5m from the western boundary;

Deletion of a north-facing bedroom associated with U1.01 and insertion of a north-facing balcony generally consistent with the current endorsed plans;

Modifications to materials and finishes. Council officers considered that these changes will not result in further detriment. As a result, the revised plans were not re-advertised. Referrals Parks The referral comments indicate that the Tree Management Plan and the Landscape Plan are suitable for approval. Infrastructure In the referral comments, standard conditions have been recommended. These conditions will be included should an amended permit be recommended. Transport

Sight distance on both sides of accessway is insufficient. Low landscaping below a height of 0.9m within the sight distance must be ensured.

Waste collection from kerbside is not preferred as it may create sight distance issues for vehicle exiting the development.

A 2m x 2m spray (minimum) should be provided at the corner of Malvern Road and Glentilt Road.

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Planner comments

Existing Condition 1i) stipulates the maximum height of all works in this sight triangle. This is considered resolved by implementation of the existing condition.

The concern regarding waste collection will be discussed under the Waste Management Referral comments below.

The provision of a 2m x 2m splay will be requested by way of condition. Waste Management

An overall residential garage storage capacity of no more than 120 litres per household per week must be achieved.

The proposed 660 litre recycling bins should be amended to 240 litre bins. The frequency should be amended from weekly to fortnightly.

Planner comments The above comments will be included by way of conditions. Urban Design

Extent of the basement: the setbacks from Malvern Road and Glentilt Road have been reduced thereby further limiting space for in-ground landscaping to street interfaces.

Building form: the amended building envelope exceeds the previous approved envelope in a number of places; some of which are not significant. At all levels, the lift/stair core exceeds the approved envelope and presents a sheer wall in excess of 4-storeys, and a significant degree of visual bulk, to the neighbouring property to the West.

Design character: the proposed changes to the design character of the previous proposal are generally supported subject to materials and colours to be specified.

Planner comments

Variations to the setbacks at the basement levels are introduced. Notably, the northern and western setbacks have a level of increase where canopy trees are proposed. In accordance with the referral comments from Council’s Parks Unit, the submitted Landscape Plan is considered suitable for approval. As such, the amended basement will not unreasonably compromise the provision of landscaping and thus can be supported.

Built form and design character will be discussed in greater detail in the assessment below.

KEY ISSUES There have been changes in planning policy since the issue of the original Planning Permit, the subject site however continues to have attributes that render the site suitable for higher density housing. This is the third amendment to the Planning Permit and plans. This assessment is limited to the changes which will be discussed in turn below.

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Key changes Reconfiguration of the approved layouts The amendment proposes to reduce the number of dwellings from 22 to 12. The composition of the approved development is:

Ground Floor: 6 dwellings, comprising 2 x 1 bedroom and 4 x 2 bedroom;

First Floor: 6 dwellings, comprising 3 x 1 bedroom and 3 x 2 bedroom;

Second Floor: 6 dwellings, comprising 3 x 1 bedroom and 3 x 2 bedroom;

Third Floor: 4 dwellings, comprising 3 x 1 bedroom and 1 x 2 bedroom The amendment at hand provides for 12 dwellings with the following composition:

Ground Floor: 3 dwellings, comprising 3 x 3 bedroom;

First Floor: 4 dwellings, comprising 2 x 2 bedroom and 2 x 3 bedroom

Second Floor: 3 dwellings, comprising 3 x 1 bedroom and 3 x 2 bedroom

Third Floor: 2 dwellings, comprising 2 x 3 bedroom The reduction in the number of dwellings has been achieved by relocating the lift core and service area and reconfiguring the layout of each level. As a result of these changes, the composition of each dwelling and the size and location of habitable room windows have been altered. As the Policy calls for a variety of housing types and higher density housing to sites with immediate abuttal to a main road, the changes will continue to contribute to meeting the Policy direction. Most importantly, this is considered a positive change as the reconfigured layouts would afford the residents with appropriate levels of internal amenity. Construction of one additional basement level and changes to the basement layout and parking provision The proposed amendment seeks to construct one additional basement level. As a consequence, the approved car stacker arrangement will be replaced with conventional car parking spaces in accordance with the design standard stipulated in Clause 52.06 (Car parking). The parking spaces will continue to provide a safe and easily managed parking arrangement. The amendment includes various changes to the setbacks of the basement, however, as indicated in Council’s Parks Unit’s comments, the provision of landscaping is considered adequate. The approved basement accommodated 23 resident car spaces and 3 visitor car spaces and allowed for a reduction in visitor car parking provision by one space. In the amendment at hand, the development is for 12 dwellings, comprising 2 x 2 bedroom and 10 x 3 bedroom. In accordance with Clause 52.06 (Car parking), the required car parking spaces should be 22 for the residents and 0 for the visitors. The revised plans accommodate 23 resident car spaces and 2 visitor car spaces. The variation is acceptable as the revised plans meet the car parking requirement. Consequently, the proposed deletion of ‘reduction to the visitor car parking requirements’ in the preamble of the Permit is supported. It is noted that Council’s Transport and Parking Unit raised concerns regarding sight distance on both sides of accessway. The existing Permit Condition 1i) deals with this matter.

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It requires that ‘Plans, including landscaping plans, annotated showing the provision of a 1.5m (w) x 2.5m (d) ‘sight triangle’ to the north of the accessway and 2m (w) x 2.5m (d) ‘sight triangle’ to the south of the accessway. No works or vegetation to exceed 1m in height permitted within these ‘sight triangles’. Council’s Transport and Parking recommended that landscaping within the sight triangles area must not exceed 0.9m. It is therefore recommended that Condition 1i) be amended to reflect this request. Additionally, it is also a concern that a 2m x 2m pedestrian splay is not provided at the corner of Malvern Road and Glentilt Road. A condition is recommended to incorporate the splay to ensure that pedestrian sight distances are not impacted. Variations to setbacks Variations to the setbacks at basement level are not opposed, given the changes are to accommodate the two level car parking spaces. It is also worth noting that the setbacks at basement level will not result in unreasonable impact on the landscaping provision, as the Landscape Plan and Tree Management Plan are considered suitable for approval. To the west, as discussed below, the most dominant feature – the relocated lift core will not result in any unreasonable amenity impacts on the western adjoining land. It is therefore considered that the further recessed remainder of the development will not create undue detriment in this interface. To the north, as discussed below, despite the variations to the setbacks, the amendment exceeds the statutory requirement set out in Standard B17 and thus is considered acceptable. It is also relevant to note that the northern interface generally sits within the approved VCAT scheme. To the east, the street setbacks to Glentilt Road are generally consistent with the approved scheme and only the roof section proposes a reduction from 4.2m to 3.3m. This is not opposed, as the setbacks are consistent with the street setbacks of other developments along Glentilt Road. To the south, the street setbacks are generally consistent with a minor increase (by 40mm) on the first and the second floor levels. It is noted that a decrease of 505mm on the roof design is proposed as a result of the relocation of service areas. This is considered acceptable given that the overall presentation to the street remains consistent with the approved scheme. Additionally, it is noted that the Urban Design referral comments also noted that the varied building envelope exceeds the approved scheme in a number of places. Specifically, the lift/stair core will result in visual bulk to the western adjoining land. In the revised plans, the setback of the lift/stair core has been increased from 2.73m to 3.5m thereby alleviating any potential visual impact. This is considered an improved design response and can be supported. A detailed assessment is included below: Relocation of the common entry, stairway and lift (plus removal of the substation) It is proposed to remove the east facing substation at ground level, enlarge the entry corridor and the lobby area and relocate the stairwell and lift to the west of the development. The deletion of the substation and the enlargement of the entry corridor/lobby are considered to be positive and can be supported. The relocation of the stairwell and lift (the ‘lift core’) results in variations to the setbacks from the western boundary.

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As shown on the Feature Survey Plan, prepared by Webster Survey Group, on the ground floor, it is noted that the revised setback (being 3.5m) allows the lift core to generally sit within the approved built form. This is considered acceptable. On the first and the second floors, the lift core protrudes into the approved setback by 0.73m and on the third floor, the lift core protrudes into the approved setback by 1.33m. Variations to the setbacks can be supported for the following reasons:

From south to the north, the western adjoining development contains a window to a study, a four-panel glazed sliding door to a sitting room and two windows to an open plan kitchen / living room on the ground floor, and a window (partial) to Master bedroom, a window to a Walk-in-robe, a window to a retreat area, a window to Bedroom 1 and a window (partial) to Bedroom 2.

The relocated lift core interfaces with the four-panel sliding door (partially) and the kitchen windows at ground level, and the windows to the retreat room, Bedroom 1 and Bedroom 2 at first floor level. The key issue in this interface is whether the relocated lift core continues to allow for adequate daylight access to the habitable room windows.

To the affected east facing windows at ground level, the Table below illustrates an assessment against Standard B19 (Daylight to existing windows):

Affected window at 1577 Malvern Road, Glen Iris

Proposed Wall height

Required wall to window setback

Proposed wall to window setback

Complies Y / N

A study window (setback 1.2m from the boundary)

a) Ground floor west facing bedroom wall: 2.6m

b) First floor west facing bedroom wall: 5.7m

c) Second floor west facing terrace screen: 7.4m

d) Third floor west facing bedroom wall to U3.02: 12.5m

a) 1.3m b) 2.85m c) 3.7m d) 6.25m

a) 3.43m b) 3.43m c) 3.43m d) 6.03m

a) Y b) Y c) N d) N

Four-panel glazed door (setback 1.98m from the boundary)

a) Ground floor west facing bedroom wall height: 2.8m; Ground floor lift core wall height: 2.8m

b) First floor bedroom wall height: 5.9m; first floor lift core height: 5.9m

c) Second floor screen height:

a) 1.4m; 1.4m

b) 2.95m; 2.95m

c) 3.7m; 4.58m

d) 6.225m; 6.65m

a) 4.12m; 5.48m

b) 4.12m; 5.48m

c) 4.21m; 5.48m

d) 6.81m; 5.48m

a) Y b) Y c) Y d) Y (see detailed comments below)

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7.4m; second floor lift core height: 9.15m

d) Third floor wall height: 12.5m; third floor lift core: 13.3m

Kitchen windows (setback 1.2m from the boundary)

a) Ground floor lift core height: 2.8m

b) First floor lift core height: 5.9m

c) Second floor lift core height: 9.15m

d) Third floor lift core height: 13.3m

a) 1.4m b) 2.95m c) 4.58m d) 6.65m

a) 4.7m b) 4.7m c) 4.7m d) 4.7m

a) Y b) Y c) Y d) Y (see detailed comments below)

With respect to the impact on the southernmost east facing windows to the neighbouring property, it is considered that the variation is minor in this context and can be supported. It is also noted that the room in question (study) is a dual aspect room which also features a south facing window. With regard to the impact on the existing sitting room of the neighbouring site, it is noted that compliance with Standard B19 is achieved. Standard B19 states the following:

Walls or carports more than 3 metres in height opposite an existing habitable room window should be set back from the window at least 50 per cent of the height of the new wall if the wall is within a 55 degree arc from the centre of the existing window. The arc may be swung to within 35 degrees of the plane of the wall containing the existing window.

Importantly, the proposed lift core (which alone has a shortfall against the Standard) is positioned as such to fall outside the arc stipulated in the Standard. The bedroom wall to U3.02 (which is opposite the remainder of the window) is setback to comply. In relation to the two windows contained in the kitchen, it is worth noting that these two windows are not the main source of daylight access. As shown on the endorsed ground floor plan of the development to the west, the layout adopted an open plan living / dining / kitchen area. In this open plan area, the development incorporated north facing and south facing windows to the living section and a north facing glazing door to the dining section. Given that other forms of daylight access are sufficient, a variation to the two windows in the kitchen are considered reasonable.

To the affected windows at first floor level, that Standard states that ‘where the existing window is above ground floor level, the wall height is measured from the floor level of the room containing the window.’ In addition, it is noted that these windows are obscured.

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The Table below illustrates an assessment against Standard B19 (Daylight to existing windows):

Affected window at 1577 Malvern Road, Glen Iris

Proposed Wall height

Required wall to window setback

Proposed wall to window setback

Complies Y / N

A retreat window (setback 1.98m from the boundary)

a) First floor bedroom wall height: 3.1m; first floor lift core height: 3.1m

b) Second floor west facing terrace screen: 4.8m; second floor lift core height: 6.35m

c) Third floor bedroom wall height: 9.65m; third floor lift core height: 10.75m

a) 1.55m; 1.55m

b) 2.4m; 3.18m

c) 4.825m; 5.38m

a) 4.21m; 5.48m

b) 4.21m; 5.48m

c) 6.81m; 5.48m

a) Y b) Y c) Y d) Y

A Bed 1 window (setback 1.98m from the boundary)

a) First floor lift core height: 3.1m

b) Second floor lift core height: 6.35m

c) Third floor lift core height: 10.75m

a) 1.55m b) 3.18m c) 5.38m

a) 5.48m b) 5.48m c) 5.48m

a) Y b) Y c) Y d) Y

A Bed 2 window (setback 1.98m from the boundary)

a) First floor lift core height: 3.1m

b) Second floor lift core height: 6.35m

c) Third floor lift core height: 10.75m

a) 1.55m b) 3.18m c) 5.38m

a) 5.48m b) 5.48m c) 5.48m

a) Y b) Y c) Y d) Y

In light of the table above, the revised development will not result in any undue impact on the first floor habitable room windows contained in the western adjoining dwelling.

Overall, the relocation of the common entry, stairway and lift can be supported. Increase in the building height The existing approval allows for a building with a finished roof level of RL 38.87 and a plant/lift overrun reaching a maximum height of RL 39.42. This amendment depicts an increase in overall parapet height from RL38.87 to RL39.80 (i.e. by 930mm), and an increase in the overrun from RL 39.42 to RL 40.62 (i.e. by 1100mm).

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It is also noted that the increase in building height results from an increase in floor to floor heights to allow for 2.7m high floor to ceiling throughout all floor levels. The increased building height is considered acceptable for the following reasons:

The revised development has a maximum building height of 13.46m and continues to comply with the mandatory height control (i.e. 13.5m).

The increase in building height is caused by an increase in floor to floor heights. Resultantly, a minimum of 2.7m high ceiling through floor levels can be achieved. This will improve internal amenity for future occupants.

There are examples where newer developments are approved at a similar height. For instance, to the west, the development at 1571-1573 Malvern Road, Glen Iris (approved under Permit No. 1245/16) contains 4 storeys and has a maximum building height of 13.84m. Similarly, on the opposite side of Malvern Road, the development at 1528-1530 Malvern Road, Glen Iris (approved under Permit No. 378/14) was permitted to construct up to 13.5m. As such, the overall building height is consistent with newer development within the area and will continue to be respectful of the surrounding area.

Residential Growth Zone has a purpose ‘to provide housing at increased densities in buildings up to and including four storey buildings’. It is also a purpose ‘to encourage a scale of development that provides a transition between areas of more intense use and development and other residential areas’.

To the east and the south, the land abuts Glentilt Road and Malvern Road. Given the physical separation, it is unlikely that the increased building height will result in amenity impact on any residential land. To the west, the land is zoned Residential Growth Zone. As discussed above, the increased height to the lift core will not unreasonably jeopardise the daylight access to the existing windows in this interface. Given that the remainder of the development at all levels are further set back opposed to the relocated lift core, the amendment will not result in any unreasonable amenity impacts. To the north, the land is zoned a Neighbourhood Residential Zone and affected by a Neighbourhood Character Overlay. The table below is an assessment against Standard B17: (Note: where the wall heights are not dimensioned on the plans, the figures are measured off the development plans.)

Proposed Wall height

Required Setbacks

Proposed Setbacks

Complies Y or N

Ground Floor 3.42m 1m 2.13m Y

First Floor Balcony

5.1m 1.45m 3.57m Y

First Floor 6.52m 1.876m 5.92m Y

Second Floor Balcony

8.2m 3.29m 6.4m Y

Second Floor 9.77m 4.86m 6.4m Y

Third Floor Balcony

10.88m 5.97m 8.47m Y

Third Floor 13.07m 8.16m 10.47m Y

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The proposed setbacks at all levels in this interface exceed the Standard and it is therefore considered that the amendment will not result in any unreasonable impacts.

With the above consideration, the amendment can be supported in the current form since the changes will continue to meet relevant Policies that call for height and massing that is respectful of the surrounding area and avoiding of any unreasonable amenity impacts. Overshadowing The relevant assessment mechanism for overshadowing of neighbouring areas of private open space is the Overshadowing Open Space Objective, including Standard B21. This Standard states the following:

Where sunlight to the secluded private open space of an existing dwelling is reduced, at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space should receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September.

If existing sunlight to the secluded private open space of an existing dwelling is less than the requirements of this standard, the amount of sunlight should not be further reduced.

The Objective of Standard B21 (Overshadowing) states: To ensure buildings do not significantly overshadow existing secluded private open space . To the north, due to the orientation, the development will not result in any overshadowing. To the south, the subject site adjoins Malvern Road. The projected shadow will be cast onto the front garden of the development and Malvern Road. The Standard therefore is considered met. To the east, the subject site abuts Glentilt Road. The projected shadow will not be cast onto secluded private open space of any adjoining land. The objective of the Standard is therefore considered met. To the west, the proposed shadow will not result in any additional overshadowing between 10am and 3pm in comparison with the previous scheme. The Standard therefore is considered met. Overlooking As a result of the proposed changes, the size and location of habitable room windows and secluded private open space (including courtyards and balconies) have been altered. The key assessment tool to determine unreasonable overlooking is the Overlooking Objective at Clause 55.04-5, including Standard B22. The standard provides a 9m 45 degree angle arc that determines unreasonable overlooking, and windows or balconies that are located in such a position must be screened to a height of 1.7m above finished floor level accordingly. The Standard is read as follows:

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A habitable room window, balcony, terrace, deck or patio should be located and designed to avoid direct views into the secluded private open space of an existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio. Views should be measured within a 45 degree angle from the plane of the window or perimeter of the balcony, terrace, deck or patio, and from a height of 1.7 metres above floor level. A habitable room window, balcony, terrace, deck or patio with a direct view into a habitable room window of existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio should be either:

Offset a minimum of 1.5 metres from the edge of one window to the edge of the other.

Have sill heights of at least 1.7 metres above floor level.

Have fixed, obscure glazing in any part of the window below 1.7 metre above floor level.

Have permanently fixed external screens to at least 1.7 metres above floor level and be no more than 25 per cent transparent.

Obscure glazing in any part of the window below 1.7 metres above floor level may be openable provided that there are no direct views as specified in this standard.

Screens used to obscure a view should be:

Perforated panels or trellis with a maximum of 25 per cent openings or solid translucent panels.

Permanent, fixed and durable.

Designed and coloured to blend in with the development. This standard does not apply to a new habitable room window, balcony, terrace, deck or patio which faces a property boundary where there is a visual barrier at least 1.8 metres high and the floor level of the habitable room, balcony, terrace, deck or patio is less than 0.8 metres above ground level at the boundary.

To the south, the development adjoins Malvern Road. The Standard does not apply. To the east, the development abuts Glentilt Road and will not result in any unreasonable overlooking to the east. To the west and the north, the revised development incorporates habitable room windows at all levels and have a direct interface with habitable room windows and/or secluded private open space contained in the adjoining land. In terms of potential overlooking, it is noted that the existing Condition 1k) deals with overlooking issue, which states that ‘all habitable room windows and terrace screened in accordance with Clause 55.04-6 Standard B22 of the Stonnington Planning Scheme.’ As such, the revised development will not result in any unreasonable overlooking issues and can be supported. Alterations to the design details The amendment application also seeks modifications to windows/doors, external materials and finishes, façade treatment and building massing. Overall, the changes are inconsequential to the scale of the approved building on the site and can be supported as they will continue to meet relevant policies and the requirement of Clause 55.

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Of significance is that concerns were raised by Council’s Urban Designer, as the colour and materials on the façade treatment were not specified in the advertised plans. In the revised plans, the materials and finishes are specified in the Schedule of Materials, which generally present a light grey to grey colour tone. As discussed with Council’s Urban Design Advisor, the current scheme can be supported as the incorporated materials are of good quality and the amended plans will sit comfortably in the existing neighbourhood. Objections In response to the grounds of objection not already discussed in the report, the following comments are made: Landscaping As stated in the comments from Council’s Parks Unit, the revised Landscape Plan and the Tree Management Plan are considered suitable for approval. Waste management It is suggested to incorporate larger bins in the development. In accordance with Council’s Waste Management Policy, the incorporation of larger bins will likely exceed Council’s capacity of collection. Conditions are also recommended in the referral comments from Council’s Waste Management Unit. These conditions will be incorporated. Human Rights Consideration This application has been assessed in accordance with the requirements of the Planning and Environment Act 1987 (including the Stonnington Planning Scheme), reviewed by the State Government and which complies with the Charter of Human Rights and Responsibilities Act 2006. CONCLUSION Having assessed the application against the relevant planning controls, it is recommended that the proposal be supported for the following reasons:

The revised development will continue to be consistent with the strategic direction outlined by the Stonnington Planning Scheme which encourages medium to high density residential development in suitable locations.

Subject to recommended conditions, the proposal will not cause unreasonable adverse amenity impacts on neighbouring properties.

ATTACHMENTS

⇨1. Attachment 1 - 1579-1581 Malvern Road, Glen Iris Plans

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RECOMMENDATION That a Notice of Decision to Amend a Planning Permit No. 0297/15 for the land located at 1579-1581 Malvern Road, Glen Iris be issued under the Stonington Planning Scheme for a Section 72 Amendment to approved permit and plans comprising of the following changes: Permit Preamble The Permit Preamble amended to state: Construction of a multi dwelling development in a Residential Growth Zone Permit Conditions Condition 1 updated to state:

Before the commencement of the development, an electronic copy 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 Council date stamped 26 September 2018 but modified to show: a) Deleted j) Deleted r) Deleted s) Deleted t) A 2m x 2m splay to be provided at the corner of Malvern Road and Glentilt

Road Condition 5 updated to state as:

Concurrent with the endorsement of plans pursuant to Condition 1, a revised Landscape Plan consistent with the plan by John Patrick Landscape Architecture Pty Ltd Council date stamped 3 May 2018, must be submitted to and approved by the Responsible Authority. When approved, the landscape plan will be endorsed and form part of the permit. The landscape plan must include at the following information:

a) Any consequential changes resulting from revisions in accordance with

Condition 1 Condition 9 amended to state as:

Concurrent with the endorsement of any plans pursuant to Condition 1, an amended Waste Management Plan must be submitted for endorsement. The amended TMP must generally in accordance with the WMP prepared by Leigh Design Pty Ltd Council date stamped 3 May 2018 but amended to show: e) An overall residential garage storage capacity of no more than 120 litres per household per week to be achieved; f) The proposed 660 litre recycling bins converted to 240 litre bins. The collection frequency amended to be fortnightly.

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Subsequent conditions renumbered Changes to the Plans General

As a result of the changes to the internal layout, the number of dwellings reduced from 22 (comprising 11 x 1-bedroom and 11 x 2-bedroom) to 12 (comprising 10 x 3-bedroom and 2 x 2-bedroom dwellings)

The maximum building height increased by 930mm (from RL 38.87 to 39.800, to the parapet)

The maximum height of the life core increased by 1100mm (from RL 39.420 to 40.620)

Relocation of the internal lift and stairs Basement Floor Plan

The inclusion of a Basement Level 2

One level of car stackers deleted resulting in two levels of car parking spaces

A total of 25 car parking spaces proposed including 23 for the residents and 3 for the visitors

Changes to the internal layout of the car spaces, storage facilities and bicycle facilities

Variations to boundary setbacks

Ground Floor Plan

Deletion of the substation

Foyer, lift and staircase relocated resulting in a lift core with a western setback of 3.5m

Internal reconfigurations resulting in a reduction of dwelling numbers from 6 to 3

The floor to floor height increased from 2.95m to 3.1m

Variations to boundary setbacks

First Floor Plan

Internal reconfigurations resulting in a reduction of dwelling numbers from 6 to 4

The floor to floor height increased from 2.95m to 3.1m

Variations to boundary setbacks

Second Floor Plan

Internal reconfigurations resulting in a reduction of dwelling numbers from 6 to 3

The floor to floor height increased from 2.95m to 3.25m

Variations to boundary setbacks

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Third Floor Plan

Internal reconfigurations resulting in a reduction of dwelling numbers of 4 to 2

To the north, the setback of the balcony decreased from 8.51m to 8.47m; the setback to the wall decreased from 10.51 to 10.47m

The floor to floor height increased from 2.75m to 3.3m

Variations to boundary setbacks

Roof Plan

Relocation of lift core, the service zone and solar panels

Variations to boundary setbacks

Elevation

Alterations to the treatment and materials of the façade

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6. HERITAGE STRATEGY UPDATE

Manager City Strategy: Susan Price General Manager Planning & Amenity: Stuart Draffin

PURPOSE

The purpose of this report is to provide the final update and summary to Council on the implementation of the Action Plan for the Heritage Strategy 2006.

BACKGROUND

Thematic Environmental History

Council commissioned heritage consultants to prepare the Stonnington Thematic Environment History in 2006. The Stonnington Thematic Environment History made several recommendations which informed the preparation of the Heritage Strategy and Action Plan 2006, as well as provided the themes for future Heritage Gap Studies.

Heritage Strategy and Action Plan 2006

Council prepared a Heritage Strategy and adopted a Heritage Strategy Action Plan (Action Plan) in December 2006. The Action Plan provided a framework for reviewing existing places and heritage citations and assessing new places. The Action Plan is structured around the following themes:

Governance

Assessment Methodology

Data Management

Review Existing Citations

Assessment of New Places

Planning Scheme Implementation

Heritage Management

Council Officers commenced implementing the Action Plan and reporting progress to Council in late 2006. Council was last updated about implementation of the Action Plan in July 2017.

DISCUSSION

Governance

Implementation of the Action Plan has been overseen by a Steering Committee (comprising Council Officers and Council’s heritage advisors) with responsibility for recommending new priorities for investigation for Council’s consideration. A Reference Group comprising a Councillor, a representative from Stonnington’s History Centre, Council Officers and representatives from historical societies, Heritage Victoria and the National Trust met occasionally to provide feedback on heritage issues, priorities for action and broader input into the Heritage Strategy. The last meeting of the Reference group was held in August 2013. The recommendations from the Reference Group has assisted Council in its investigation of particular historic themes.

A review of the 2006 Heritage Strategy has been undertaken and a draft Heritage Strategy and Action Plan 2018-2029 prepared.

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As part of this review, Council approached a variety of stakeholders in the preparation of a new Heritage Strategy. Council sought community feedback on the Draft Heritage Strategy in September and October 2018.

Assessment Methodology

As part of the 2006 Heritage Strategy, Council Officers reviewed the process and methodology for assessing heritage places and preparing heritage citations. Heritage studies and citations are prepared in accordance with ICOMOS Burra Charter (framework for Australian cultural heritage management), HERCON criteria and appropriate heritage grading.

Heritage Policy and Design Guidelines Review

Council’s Heritage Policy guides assessment of planning applications required under the Heritage Overlay. Council conducted a review of Clause 22.04 Heritage Policy and the Heritage Design Guidelines in response to recommendations from various Planning Panels. Council has revised its Heritage Policy to strengthen Council’s position for assessing planning applications and VCAT submissions. This was introduced into the Stonnington Planning Scheme through Amendment C132 and came into effect on 25 January 2018.

Heritage Grading

The City of Stonnington has a long history of applying the Heritage Overlay, with many places protected prior to amalgamation and the formation of Stonnington Council. Over the last 35 years different grading systems have been used when preparing heritage studies.

In 2012 Council adopted a Unified Grading System, a policy neutral conversion of heritage gradings used by the previous City of Prahran and City of Malvern. These conversions were intended to be used in the interim while Council reviewed its Heritage Policy.

As part of Council’s Heritage Policy review, outlined in the section above, the heritage gradings were revised to align with the new Planning Practice Note 1: Applying the Heritage Overlay. The structure of the current grading system groups the letter grades under the level of significance, “significant places”, “contributory places” and “ungraded”. Reference to the letter grades within the Heritage Policy is intended to be a temporary measure, and will be addressed in a future Heritage Strategy.

Council’s Draft Heritage Strategy 2018-2029 identifies that Council will transition out of the letter grading system with the proposed Action “develop a model for translating the grading of heritage places to conform with the planning practice note”.

Data Management

The 2006 Heritage Strategy and Action Plan aimed to improve access to heritage data. The Action Plan (2006) tasked Council to input data from citations for all its heritage listed places into HERMES (Heritage Management E-System); a state-standard data-base administered by Heritage Victoria. This data is made publically available via a web-based product named the Victorian Heritage Database (VHD).

Council has completed inputting data for all its heritage listed places into HERMES, and the VHD was made publically available in mid-2016. Due to the historical nature of some citations, the data in HERMES may need to be adjusted to accurately reflect their intent. Any adjustments made to the data in HERMES are investigated and corrected as soon as they are apparent.

Both HERMES and the VHD have been updated as new information becomes available through the application of new heritage studies.

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Review Existing Citations The Action Plan also identified the need to review older heritage citations which have limited detail and/or lack a Statement of Significance that aligns with the current Planning Practice Note 1: Applying the Heritage Overlay. While Council’s recently updated Heritage Policy and Guidelines provides broad development guidance to heritage places, a Place’s Statement of Significance provides further detailed information on the elements of significance. Older citations provide limited support for Council’s position on new development within the Heritage Overlay, particularly at VCAT. Council has periodically reviewed old citations, with preference given to older citations and those where structure plans have been planned or areas are receiving development pressure. Council has recently reviewed the citations for The Avenue Precinct and Hawksburn Railway Station Precinct and have identified further places to be included within these precincts. Council is preparing planning scheme amendments to implement the findings of these reviews (Amendments C282 and C278 respectively) which are being progressed to exhibition over the coming months. For a full list of citations that have been reviewed as part of the 2006 Heritage Strategy and Action Plan refer to Attachment 1.

Assessment of New Places and Planning Scheme Implementation

Council has an ongoing commitment to protecting heritage. Since the last report to Council in 2017 Council has protected an additional 163 properties through various planning scheme amendments. More specifically Council has protected the following places:

Victorian Houses Heritage Study 2017 - Implemented the recommendations of this study by introducing 57 individual Victorian places (86 properties) into the Heritage Overlay. Amendment C249 came into effect on 12 July 2018.

Federation Houses Heritage Study 2017 - Implemented the recommendations of this study by introducing 36 individual Federation places and two Federation Precincts (combined 75 properties) into the Heritage Overlay. Amendment C270 came into effect on 27 September 2018.

Federation Houses Heritage Study 2017 - As part of this study, several places came under imminent threat and were progressed as individual heritage amendments.

o Amendment C255 (221 Burke Road, Glen Iris) came into effect on 22

February 2018.

o Amendment C257 (390 Glenferrie Road, Malvern) came into effect on 27

February 2018.

Interim Heritage Controls and S29a Requests

Council has implemented eleven (11) heritage studies focusing on individual places by theme since 2010. During the process of preparing a heritage study and applying the Heritage Overlay, many places have come under imminent threat of demolition.

Under Section 29A of the Building Act 1993 Council must provide report and consent to applications for demolition within 15 business days. Council can either approve, refuse or suspend a Section 29A request. Council can only refuse an application if planning controls require a permit for demolition and the permit has not been granted. Council can only suspend consideration of a request if Council requests the Minister for Planning to prepare and approve an Amendment to the Planning Scheme under Section 20 (4) of the Planning and Environment Act 1987. This request must be made within the 15 days of Council receiving the Section 29A request.

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The requirement to respond to multiple Section 29A requests placed considerable strain on Council’s budget and work program, as well the Department of Land, Environment, Water and Planning. Council advocated to the Minister for Planning to approve blanket interim heritage controls, while Council implements heritage.

On 3 November 2017, the Minister for Planning revised his approach for managing requests for interim controls to allow for the application of blanket interim controls. Which allowed two individual heritage studies (Federation Houses and Victorian Houses) to be granted blanket interim controls in January 2018.

Heritage Management

The 2006 Heritage Review Strategy and Action Plan provided Council with a framework for identifying, protecting and managing heritage places within the Stonnington Planning Scheme. The Heritage Strategy Review identified a need for Council to prepare an overall heritage strategy that took an organisational wide approach to managing heritage that went beyond the Planning Scheme. Council has reviewed its 2006 Heritage Strategy and has prepared a Draft Heritage Strategy 2018-2029 to satisfy this objective.

Summary of new places protected

Currently a total of 414 individual places and 83 precincts are included in the Heritage Overlay. Attachment 2 provides a map showing the location of heritage precincts and individual places in the heritage overlay. Since 2006 Council has protected over 2000 new properties. This includes adding a further 24 precincts (and 9 extensions to other precincts) and 149 individual places into the Heritage Overlay. For a full list of heritage studies and new Heritage Overlays refer to Attachment 3. For a cross section of heritage themes that have been protected refer to Attachment 4.

Next Steps

Heritage is not static, its value in the community and thresholds applied by Planning Panels can change. This requires regular review of the heritage landscape within the municipality. It should be acknowledged that Council has protected a considerable amount of heritage places under the Heritage Strategy 2006, however there are likely to be further gaps require assessment.

While Council has conducted an extensive review of its Heritage Policy and grading definitions, further strategic work is required to remove letter gradings from the policy.

Council has prepared a Draft Heritage Strategy 2018-2029, which acknowledges the need for further work to address gaps in the Heritage Overlay and the requirement to align with the Planning Practice Note. Council sought community feedback in September and October 2018 and this piece of work will be considered at an upcoming Council meeting. The feedback will assist Council in finalising the draft Strategy and to guide a future work program.

POLICY IMPLICATIONS

The implementation of Council’s adopted Heritage Strategy Action Plan is consistent with the following Council Plan Strategy:

“Preserve Stonnington’s heritage architecture and balance its existing character with complementary and sustainable development.”

It is also consistent with Council’s Municipal Strategic Statement Clause 21.06 of the Stonnington Planning Scheme, which seeks to:

“Protect and enhance all places which are significant and contributory to the heritage values of the City of Stonnington.”

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FINANCIAL AND RESOURCES IMPLICATIONS

Budget for implementing the Heritage Strategy Action Plan 2006 has been included in Council’s City Strategy operating budget from 2006/2007 to 2018/2019.

The application of the Heritage Overlay requires a comprehensive and rigorous approach to justify controls. This usually entails the preparation of a heritage study, followed by a subsequent planning scheme amendment/s, many of which are heard at an independent Planning Panel. Thus the implementation of the Heritage Strategy and Action Plan 2006 represents a significant allocation of City Strategy’s budget and resources.

LEGAL ADVICE & IMPLICATIONS

All affected parties where heritage protection was proposed were given the opportunity to make submissions on amendments as part of the statutory exhibition period for planning scheme amendments. Where submissions on a proposed amendment remained unresolved, an independent Panel Hearing was requested and held as required.

CONCLUSION

Council has a strong history of investigating, protecting and managing individual places and precincts with heritage significance.

Since adopting the Heritage Strategy and Action Plan in 2006, Council has protected a total of 2413 properties which consist of 24 Precincts, 9 Precinct Extensions and 230 Individual Places. This has been actioned through the completion and implementation of twelve (12) heritage studies, one (1) precinct gap study and eleven (11) individual places studies.

Greater accessibility of heritage documentation has improved through Council adoption of the HERMES and Victorian Heritage Database systems.

Council has strengthened its ability to manage heritage places and planning assessments through the introduction of a new Heritage Policy and Guidelines and through the periodic review of old citations.

Council has renewed its commitment to protecting and enhancing heritage places in Stonnington through the preparation of the new Draft Heritage Strategy 2018-2029.

Council’s Heritage Strategy and Action Plan 2006 has been successfully implemented and will ensure our heritage is protected for the benefit of current and future communities.

HUMAN RIGHTS CONSIDERATION

This recommendation complies with the Charter of Human Rights and Responsibilities Act 2006.

ATTACHMENTS

⇨1. Heritage Strategy 2006 - Citation Review List Excluded

⇨2. Heritage Strategy 2006 - Implementation Map November 2018 Excluded

⇨3. Heritage Strategy 2006 - Program Table Excluded

⇨4. Heritage Strategy 2006 - Sample of Themes Protected Excluded

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RECOMMENDATION

That Council notes the final update on the implementation of the Heritage Strategy and Action Plan 2006.

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7. VCAT QUARTERLY REPORT - APRIL 2018 TO SEPTEMBER 2018 (2ND AND 3RD

QUARTERS)

Planning Appeals Coordinator: Jun Yu General Manager Planning & Amenity: Stuart Draffin

PURPOSE To inform Councillors of VCAT Planning decisions issued between April and September 2018. BACKGROUND Council has acknowledged that it is important to review and understand how decisions at VCAT are made and the implications of those decisions. As a result, this report is prepared, outlining all decisions issued by VCAT in the 2nd and 3rd quarters of 2018. KEY ISSUES 30 cases were determined by VCAT in the second quarter of 2018, and the number went up to 35 in the third quarter. Both figures are higher than the normal range of between 20 and 25 per quarter. In the second quarter, there were 10 outright wins (33.3%) and 7 losses (23.3%). In addition to the outright wins, 8 positions of consent were reached (26.7%). These are generally considered to be positive outcomes as Council only consents to the matter being settled if it is satisfied with the resulting outcome. The remaining 5 cases (16.7%) were either withdrawn or struck out. In the third quarter, the numbers of outright wins and losses were 12 (34.3%) and 7 (20%) respectively. In addition, 14 positions of consent were recorded (40%). The remaining 2 cases (5.7%) were either withdrawn or struck out. The continued high number of consent positions for this period is a reflection on the positive work of all parties at VCAT Compulsory Conferences. The timely responses from Ward Councillors in considering consent requests is acknowledged and appreciated. There are a number of notable wins in the 2nd and 3rd quarters of 2018. The first significant decision relates to a 20-storey mixed-use development at 24 – 26 Chapel Street and the airspace above the railway cutting. The Tribunal agreed with the Council that the proposal was inconsistent with the strategic direction for the area. It found the proposed building height to be excessive and would unreasonably impact on the heritage value of the precinct. Consequently, it affirmed Council’s decision to refuse the application. The second decision involves an amendment application that sought to convert an existing permit for an aged care facility to an apartment development, at 61 Kensington Road, and 52 Rockley Road and 135 – 141 Alexandra Avenue. This was a complicated matter due to the long planning history, the scale of the proposal and the significant changes in planning policy. The Tribunal agreed with Council’s submissions and found that the proposal was legally prohibited and not acceptable on its planning merits.

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The next important decision relates to a proposal that seeks to demolish two existing heritage buildings at 271 – 273 Dandenong Road and replace them with a 3-storey townhouse development. Despite the policy justification for higher density development in this area, the Tribunal rejected the proposition that the need to accommodate higher populations within metropolitan Melbourne outweighs equally important planning objectives such as conservation of places of heritage significance. This “red dot” decision (a decision flagged by VCAT as one of note) is a timely reminder of the importance of striking a right balance when there are competing planning objectives. There are also two losses that are worthy of noting. The first one relates to a multi-dwelling development at 102 -106 Burke Road and 2A – 2B Nyroa Street. Council resolved to refuse this application. VCAT found the proposal to be consistent with the type of development emerging along this section of Burke Road, and it will achieve an acceptable outcome in terms of built form response, off-site amenity impacts, landscaping response, and traffic and parking impacts. The second loss involves an application for a 5-storey mixed-use development at 94 – 96 River Street. The Tribunal found the proposal to be consistent with the detailed guidance provided by the Activity Centre Zone – Schedule 1. Although Council is in the process of preparing Amendment C276, which (amongst others) seeks to reduce the preferred maximum height for this site from 5 storeys to 3 storeys, the Tribunal gave little weight to this Amendment on the basis that it had not been considered by an independent Panel at the time of the VCAT hearings and was considered to lack a clear strategic basis for the change in height limits.

RECOMMENDATION

That Council receives and notes the VCAT Report (April 2018 – September 2018).

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8. CONSIDERATION OF SUBMISSIONS FOR THE PROPOSED CHANGE IN TRAFFIC

CONDITIONS FOR WATTLE STREET BETWEEN IZETT STREET AND CHAPEL STREET

PRAHRAN

Manager Urban & Infrastructure Projects: Rick Kwasek General Manager Assets & Services: Simon Thomas

PURPOSE

The purpose of this report is to consider formal submissions received as part of a statutory 223 process in response to Council’s proposal to change traffic flow conditions in Wattle Street between Izett Street and Chapel Street Prahran.

BACKGROUND

Council resolved at its meeting on the 3 September 2018 to run a statutory Section 223 process pursuant to the Local Government Act 1989 to change traffic flow conditions in Wattle Street between Izett Street and Chapel Street Prahran.

The notice invited submissions to separately address the proposed changes to traffic movement in Wattle Street - Closure between Izett Street and Cato Street (component A) and Wattle Street changed from two way to one way east between Cato Street and Chapel Street.(Component B) (See Attachment A) The following information was included:

Description of the proposed temporary changed traffic conditions

Diagrammatic map of the surrounding area with north arrow, an indication of changed

traffic directions and street names

Contact details of council representative for further information

How to formally submit objections/ expressions of support

Opportunity to request to be heard at a public meeting for this proposal, with a

minimum 14 days’ notice

Closing date for council to receive formal objections.

In accordance with the statutory requirements of the 223 process, a public notice of the proposed changes was released via:

A public notice was placed in the Age Newspaper on the 8 September 2018.

A public notice was also placed in Stonnington Leader on the Tuesday 11 September 2018 and

A letter along with a copy of the public notice, was posted to 420 residents, traders and land owners and

A letter delivered to an additional 243 properties within the vicinity of the proposed trial traffic changes, on the 12 September 2018.

The distribution area for the proposed changes can be viewed in Attachment B.

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DISCUSSION

The formal submission period closed on 10 October 2018.

Council received one formal submission on the proposed changes which is listed in the table below.

Objection to Component B – Change in traffic conditions on Wattle Street to one way east between Cato Street and Chapel Street.

1

The submitter chose not to be heard at a Section 223 hearing.

A summary of the submission is listed below.

Submission 1

Component A (Closure of Wattle between Izett Street and Cato Street)

No objection.

Component B (Wattle Street changed from two way to one way east between Cato Street and Chapel Street).

As an owner of a car park in Pran Central he is opposed to the changes being implemented as it will mean he will only be able to access the car park from Commercial Road through Cato Street. He goes on to point out that if travelling south on Chapel Street there is a right turn ban into Commercial Road for part of the day which will change the way he accesses the car park. He suggests a removal of the turn ban could be a solution.

The right turn ban established by Vic Roads has been installed to optimise the performance of the intersection taking into consideration trams, vehicles and pedestrians and cannot be removed or modified. The right turn ban operates between 7.30am and 6.00pm Monday to Friday and 7.30am to 12.00noon on Saturdays.

In response to the objection there is a minor diversion available via Simmons Street and Bray Street with a signalised right turn access into Malvern Road and onto Cato Street in line with the previous route. This alternate route when travelling south provides only a minor diversion from the previous route and will cause little disruption with minimal additional driving time adding only 90m additional length to the route. (See Attachment C - Alternate Route).

The changes to Wattle Street provides the opportunity to reduce overall traffic numbers and reduce conflict points creating a more pedestrian friendly environment. Opportunities for additional planting and streetscape improve the amenity of the area creating an overall improved pedestrian and driving experience. The proposed changes are in line with the overall design for the Cato Square development and the strategic direction for the activity precinct.

POLICY IMPLICATIONS

The implementation of the proposed changes to Wattle Street aligns with the following council documents:

The Public Realm Strategy 2010 and the Strategies for Creating Open Space 2013 are part of a broader, long-term plan that addresses the significant need for creating more open space within the municipality.

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The proposed scope and nature of the proposed Cato Street Car Park Redevelopment Project also aligns with and supports the Chapel ReVision Structure Plan and the Chapel Street Master Plan.

FINANCIAL AND RESOURCES IMPLICATIONS

There are no financial implications associated with this process

LEGAL ADVICE & IMPLICATIONS

There are no legal implications in relation to this proposal.

CONCLUSION

Under the provision of Section 207, Schedule 11, Cl 10(1)(c) of the Local Government Act 1989, the City of Stonnington has undertaken a statutory Section 223 process. The proposal changes traffic movement in Wattle Street - Closure between Izett Street and Cato Street (component A) and Wattle Street changed from two way to one way east between Cato Street and Chapel Street.(Component B). In response to the objection an alternate route with a minor diversion exists which adds only 90m to the trip length and is considered a safe and convenient alternative. It is therefore recommended that the proposed traffic modifications to Wattle Street Prahran are implemented as part of the street scape improvements surrounding Cato Square as part of the overall development.

HUMAN RIGHTS CONSIDERATION

This recommendation complies with the Charter of Human Rights and Responsibilities Act 2006.

ATTACHMENTS

⇨1. Attachment A - Notice and associated letter Excluded

⇨2. Attachment B – Distribution Area Excluded

⇨3. Attachment C – Alternate Route Excluded

RECOMMENDATION

That Council in accordance with Section 223 of the Local Government Act 1989, having received, heard and considered all submissions in respect to the proposed traffic modifications to Wattle Street Prahran:

1. Approve the closure of Wattle Street to vehicles between Izett Street and Cato Street (Component A)

2. Approve the Change in traffic conditions in Wattle Street Between Cato Street and Chapel Street from two way to one way East (component B)

3. All submitters are notified of Councils decision

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9. CONSIDERATION OF THE PREFERRED LOCATION OF THE TENNIS WALL WITHIN

CAROLINE GARDENS

Manager Urban & Infrastructure Projects: Rick Kwasek General Manager Assets & Services: Simon Thomas

PURPOSE

For Council to consider the reconstruction of the tennis wall at Caroline Gardens. BACKGROUND Caroline Gardens is a local scale park within South Yarra and incorporates a variety of amenities, including an open lawn area, dog off leash zone, brick paved plaza, various park furniture, garden beds, a small playground, BBQ and toilet facilities. The Gardens are predominantly used by local residents, office workers, parents, children and dog walkers with the majority of facilities in the park generally in good condition. The Gardens provide good passive recreational opportunities for the local community and the park has a sound structure. The standard of existing amenity aligns with other similar parks within Stonnington. The park incorporates the following features:

Playground area, 100m2

Pavement forecourt area 1- lower tier, 150m2

Pavement area 2- Upper tier, 80m2

Pathways, 240m2

Gravel paved area, including BBQ and toilet facilities, 60m2 Previous reports to Council considered options for the refurbishment of Caroline Gardens, including community consultation that formed part of this process. On 5 June 2017, Council resolved to allocate $310,000 toward the design and delivery of landscape improvements in Caroline Gardens. It was also resolved that residents be advised of timing of capital funding and the process for engagement. Residents have been advised of budget allocation and expected timing of construction during the subsequent community consultation sessions on the proposed landscape works. The 5 June 2017 report also referred to Planning Permit requirements as part of the substantial redevelopment of 22-32 Toorak Road and 37 Caroline Street South (ref. 200/11). Prior to the issue of Permit 200/11 a tennis rebound wall (and associated hard surface pad) extended on the common boundary of Caroline Gardens and 22-32 Toorak Road. This was the wall of the building that occupied the site 22-32 Toorak Road and faced into Caroline Gardens. Permit 200/11 included a condition that sought, amongst other matters, the reconstruction of the tennis wall within Caroline Gardens. This Permit condition was however subsequently challenged by the Permit holder, who sought to have it removed from the Planning Permit. This was heard by VCAT on 8 April 2018. The Tribunal agreed with the Permit Holder to delete the requirement from the Planning Permit to reconstruct the tennis wall. More discussion on this decision and the implications associated with it, is provided later in this report.

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Council, as the public land manager, needs to consider options for the refurbishment of Caroline Gardens, particularly including consideration of whether the tennis wall should be reconstructed; and if so, in which location. DISCUSSION The 5 June 2017 Council report included a plan of the Gardens that showed the following changes:

1. Increased tennis hit up wall area from 70m2 to 100m2; 2. Increased playground area from 100m2 to 150m2; 3. Increase in pavement area 1-forecourt area, with new BBQ facilities and picnic setting

from 150m2 to 160m2; 4. Replacement of pavement area 2-Upper tier with lawn surface 80m2; 5. Replacement of existing brick pavement with exposed aggregate concrete pavement,

240m2; 6. Replacement of gravel paved area with garden beds and trees, 60m2.

These changes were estimated to cost $310,000. A plan showing these changes is appended to this report (Attachment 1 - Caroline Gardens Community Expectations Diagram). Council officers have since undertaken a process of design, consultation and tendering with construction programmed to commence in October 2018. The tennis hit-up wall was included in the tender package as a separable portion to allow tendering to progress prior to the final location of the wall being determined. The tennis wall and associated pad / facilities The reconstruction of the tennis wall has a lengthy history that is influenced by two key factors: 1. Whether a tennis wall is an appropriate facility within the redesigned Caroline Gardens;

and 2. The requirements contained within Planning Permit 200/11. In terms of the suitability of the Gardens for a tennis wall, a number of discussions between the developers, local residents and Council officers have taken place over a period of time. These questioned whether the tennis wall should be replaced with an alternative facility that could have a reduced impact upon both the users of the Gardens as well as those directly adjacent, within the recently completed development of 22-32 Toorak Road, South Yarra. The local community viewed the tennis wall as a valued asset and as such expressed a desire for the developer to reinstate it in its previous location. It is based on this community response that a tennis wall was shown within the ‘Caroline Gardens Community Expectations Diagram’ that was included in the 5 June 2017 report (Attachment 1).

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The Planning Permit requirements relating to the tennis wall Planning Permit No. 200/11 was issued by Council at the direction of VCAT on 11 September 2012. The permit was issued subject to a number of conditions, including Condition 3(a) which required the owner to enter into a Section 173 Agreement with Council with regard to remediation works within Caroline Gardens. Condition 3(a) was (at the time) worded as follows:

The owner/developer must enter into discussions with Council to reach agreement on the remediation of the areas in Caroline Gardens impacted by the demolition and development of 22-32 Toorak Rd & 37 Caroline Street, South Yarra. Once the protection/remediation plan has been agreed to the satisfaction of both parties, this plan will be endorsed and will then form part of the permit. The plan must provide comprehensive details of reinstatement works in Caroline Gardens, including a replacement tennis wall, BBQ, garden beds, seating, landscaping and paving and the works must be constructed at the full cost of the owner/developer and under the supervision, and to the satisfaction of, the Responsible Authority and completed prior to the occupation of any buildings on the land.

In accordance with condition 3a, the Section 173 Agreement was entered into and registered on 25 May 2015 on the title of 22-32 Toorak Road and 37 Caroline Street South Yarra. As per the condition, this required the Applicant to enter into discussions relating to the ‘Remediation Plan’. Following community consultation in relation to the location of the tennis wall, Council resolved to seek the reconstruction of the tennis wall in the same location it was before (i.e. on the common boundary between the development site and Caroline Gardens). Given Council’s position, and to allow the development to proceed, the Permit Holder agreed to show the reconstruction of the tennis wall in the same position on the endorsed Remediation Plan. The Remediation Plan that was endorsed to form part of the Planning Permit on 16 November 2016 is provided at Attachment 2. This plan shows:

A 6m long and 3.5m high replacement tennis hit-up wall constructed of double-skin red bricks along the northern boundary of Caroline Gardens. This wall is located in its original position within Caroline Gardens to the east of the existing toilet block in Caroline Gardens and along the common boundary with the development site. This wall is located to the south of Townhouse 1 of the development site;

A 16m long and 1m wide new at-grade garden bed located to the east of the tennis hit-up wall and along the common boundary with the development site. This garden bed is located to the south of Town Houses 2 and 3 (formally Town Houses 2, 3 and 4 in the plans approved at VCAT).

A bond/security deposit of $25,000 was paid to Council in November 2016 to allow the issuing of the Statement of Compliance for subdivision of the development. The bond was in lieu of the Applicant reconstructing the tennis wall. The subdivision plans were approved and certified on 7 November 2016. The amendment application to remove/relocate the tennis wall Despite agreeing to the Remediation Plan, the Permit holder(s) has long sought to remove the requirement to re-erect the tennis abutting the common boundary.

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This is, according to the Permit Holder(s), due to the amenity implications such a wall would produce to the approved apartments at this interface. To pursue this desired change, a Section 72 (Planning and Environment Act) Amendment Application was submitted to Council on 13 October 2016 and further amended on 11 April 2017. Notably, this pre-dated the endorsement of the Remediation Plan (16 November 2016). The application sought to alter the wording of Condition 3(a) to remove reference to the 'replacement tennis wall'. A Section 178A request was also made to Council on 1 March 2017 to amend the wording of the Section 173 Agreement which applies to the titles of the land by deleting reference to the replacement of the tennis wall within Caroline Gardens. Both the Section 72 Amendment Application and the Section 178A request were considered by Council at its meeting on 21 August 2017. At this meeting, Council resolved to:

Not provide ‘in principle’ support pursuant to Section 178B of the Planning & Environment Act 1987 for the amendment to the S173 Agreement.

Refuse the Application to Amend Condition 3 a) of Planning Permit No: 200/11 on the ground that:

VCAT Application and hearing The Applicant appealed Council’s decision to refuse the amendments sought. A final hearing was set down for April 2018. Prior to the hearing, the Applicant amended its application to: a. Remove the request to delete the words “replacement tennis wall” from condition 3(a);

and b. Amend the Remediation Plan (RP) endorsed under the Permit to show two potential

locations for the replacement tennis wall: i. Option 1 sought to build the tennis wall against the existing east facing brick wall of

the toilet block. The tennis wall would be approximately 2.3 metres high, to avoid blocking the ventilation grilles of the existing toilet, and 4.8 metres long. The existing service attached to the toilet wall would need to be replaced in the event that this option is accepted. This is shown in Attachment 3:

ii. Option 2 sought to build the tennis wall adjacent to the garden beds which run perpendicular to the townhouses. This alternative may require modifications to the existing garden beds and trees. This is shown in Attachment 4.

The proceeding was joined by three local residents. The VCAT decision Following the hearing listed for 23 and 24 April 2018, the Tribunal set aside Council’s decision to refuse the amendment (decision found at Attachment 7). It found that the endorsed Remediation Plan (RP) was to be amended to show Option 2. That is, the tennis wall was to be constructed perpendicular to the property boundary at the eastern end of the existing tennis asphalt area.

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The Remediation Plan was also required to deal with the following points:

The new wall must incorporate some form of netting extending somewhat higher above the main wall, so as to catch mis-hit tennis balls that would otherwise have cleared the top of the wall. This new netting must include the option of there being some limited netting ‘wings’ extending obliquely out at each end of the main wall (similar to an oblique fin-wall on each end), so as to catch any obliquely mis-hit tennis balls.

The new wall must include some form of creeper/climbing wall (or alternatively some form of ‘climbing wall’) on its eastern side.

Assuming the garden bed to the immediate east of the asphalt area still exists at the time of construction of the replacement tennis hitting wall, that garden bed and associated trees must be modified/cut back as necessary, to facilitate the installation of the replacement wall.

What about the fact that the tennis wall sits outside of the land subject to the Planning Permit?

One of the curiosities of Condition 3(a) (which required the Remediation Plan) is that it deals with issues outside of the subject land – i.e. within Caroline Gardens. However, it is not uncommon for Planning Permits to include further requirements relating to such land. This is often, but not exclusively, dealt with via s.173 Agreements (which is the case here in condition 3(c)). The Tribunal was asked to deal with a question of law at the hearing as to whether Stonnington Council enjoys legal power to construct the tennis wall in its original location at its sole discretion. In addressing this point, the Tribunal stated the following:

… Section 148 of the Act enables any party including Council to initiate an appeal to the Victorian Supreme Court with any alleged error of law in the Tribunal decision. However Council as the Responsible Authority otherwise has a statutory mandatory duty to comply with a planning merits review decision of the Tribunal and cannot just unilaterally ignore or carry out works contrary to a Tribunal planning merits decision.

71 As I said at the hearing, I acknowledge that here Council is not only the ‘Responsible Authority’ under the Act, but also the public land manager of the Caroline Gardens under other legislation. If the Tribunal was to approve a replacement tennis hitting wall within the gardens, and if Council (in its capacity as the public land manager) resisted this outcome, it might be possible that there could be a ‘debate to be had’ about whether the applicant would be physically entitled to build the replacement hitting wall (the other relevant legislation would need to be reviewed in this regard).

72 However the fundamental point here is that this is not a ‘planning merits’ issue but a different type of dispute, that would need to (if necessary) be resolved on another day. In other words, any such ‘physical entitlement’ dispute is beyond the scope of my discretion in this planning merits proceeding.

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VCAT decision – planning implications From a town planning perspective, the decision of the Tribunal is binding under the Planning and Environment Act 1987. Council has not sought a review of this decision to the Supreme Court. Council cannot require the Applicant to reconstruct the tennis wall in its previous location pursuant to this Planning Permit. It is also true that the reconstruction of the tennis wall in its original location – by Council or the Applicant – would be in contravention of the Planning Permit to which Council has been directed to issue. Even so, Council owns the land relating to Caroline Gardens and its duty is not just as the administrator of the Stonnington Planning Scheme but also as the Public Land Manager. Such Public Land Manager tasks fall outside of the remit of the Stonnington Planning Scheme. It follows that a VCAT planning decision cannot compel Council to decide how best to manage or develop its land from a Public Land Manager perspective. As such, Council must consider - with its ‘Public Land Manager’ hat on - whether to ‘abide’ by the findings of the Tribunal in relation to the most appropriate location of the tennis wall. Public Land Manager Options and Considerations Council, as the Public Land Manager of Caroline Gardens, appears to have five options in relation to the tennis wall: A. To resolve to reconstruct the tennis wall in its original location B. To resolve to reconstruct the tennis wall in a different location entirely C. To resolve to pursue the reconstruction of a tennis wall generally abutting the western

side of the existing asphalt (Attachment 3) D. To resolve to reconstruct the tennis wall at the eastern edge of the existing asphalt

(Attachment 4) E. To resolve to install an alternate facility for park users in lieu of the tennis wall These options are discussed in further detail below. A. To resolve to reconstruct the tennis wall in its original location Following further consideration of this option, including a review of the findings of the VCAT proceeding, it is considered that the reconstruction of the wall in its original location would not be appropriate for the following reasons:

It would result in a poor planning outcome insofar as it would impede light and outlook to the approved apartments at 22-32 Toorak Road and 37 Caroline Street South;

It would result in unreasonable nuisance to the future occupants of 22-32 Caroline Street South by way of stray tennis balls into windows and balconies.

It would result in unreasonable nuisance to the future occupants of 22-32 Caroline Street South by way of noise pollution.

Any requirement for the tennis wall to be off-set from the boundary would result in maintenance issues including the potential collection of rubbish and debris behind.

It would be contrary to the Planning Permit which has been issued for 22-32 Caroline Street South.

B. To resolve to reconstruct a tennis wall in a different location entirely Council has, as part of community consultation, sought the views of the local residents as to alternative locations for a replacement tennis wall. The general view provided by residents is that there is no alternative location to a tennis wall within the Gardens.

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C. To resolve to reconstruct a tennis wall generally abutting the western side of the existing asphalt;

The Tribunal’s decision, most notably at paragraphs 108 and 109, found this location to be undesirable primarily for the reason that tennis balls would be prone to go into those dwellings recently completed at 22-32 Toorak Road. The particular option considered by the Tribunal (referred to in the decision as Option 1 and contained at Attachment 3) also resulted in the southern end of the tennis wall extending 1.8m beyond (to the south of) the public toilet. As noted by the Tribunal, ‘This would create the equivalent of a ‘blind spot’ right next to the public toilets, if you are standing further to the east and looking west towards the public toilet. Given the occasionally unsavoury reputation of public toilets, this seems an outcome best avoided if possible’. The Tribunal did not however consider any variation to the location provided within Option 1. For example, the Tribunal did not consider a tennis wall being placed against the eastern wall of the development at 22-32 Toorak Road (instead of the eastern wall of the public toilet). Such an option would ensure the wall would extend no further south than the existing toilet block and thus make no impact to public surveillance through the park. This varied location is detailed in Attachment 6. It is considered that this location is the most appropriate in terms of integrating successfully within the Gardens, as well as reducing the impact upon adjoining properties by way of nuisance. Indicatively, Attachment 6 also shows how this might appear. D. To resolve to reconstruct a tennis wall at the eastern edge of the existing asphalt

(Attachment 4) As noted by the Tribunal in its decision (paragraph 114), a wall in this location would be contrary to the Caroline Gardens Concept Plan which seeks to ‘open up’ the park within its north-eastern portion. This Concept Plan is provided at Attachment 5. Whilst the Tribunal found that such an outcome would, on balance, be acceptable, this position is not accepted for the following reasons:

The insertion of a wall in this location is a poor outcome in terms of passive surveillance. Sightlines through the park are inhibited and safety within the park is heavily compromised.

The segmentation of the park is poor from a general sense of openness. Given the Caroline Gardens are fairly modest in size, it is considered important to maximise an open-plan layout.

The (existing and proposed) playground would be directly behind this tennis wall, which carries the risk of children being hit.

Community consultation found increasing the playground area to be a priority. The installation of a wall between these spaces restricts informal use of the court by users of the playground. Confining use of the area to tennis only is a poor use of what is a modest park area.

Trees would need to be removed to install the wall and protective mesh.

A stand-alone tennis wall would be a tall and imposing structure within the Gardens proper.

Apartment buildings would remain to the north of the tennis wall and are still susceptible to stray balls and noise pollution.

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E. To resolve that an alternate treatment for park users be installed in lieu of the tennis wall. A casual tennis wall was an appropriate feature of the park in its previous form with a factory to the north which was used as an informal hit up wall. Since the development of apartments to the north of the park the replacement of a wall for tennis hit up presents a challenge for council as land managers. The suggested options for the wall outlined above present potential ongoing management issues. As Public Land Managers Council has an opportunity to include an alternative to tennis hit up more suited to a park of this scale and location. Laslie Mohr a director and Landscape Architect at Land Design Partnerships was asked to assess the suggested options for the wall within Caroline Gardens (See Attachment 8). She assessed all options on their strengths and weaknesses and has suggested that on balance it may be opportune to question the suitability of the hit up wall in Caroline Gardens and to seek alternatives for the space with far improved integration with the new play space and overall enhancement to the park. Following Land Design Partnerships options review two alternatives have been suggested below for consideration; Alternative option 1- Climbing Boulder An entry level bouldering unit with features for beginners through to regular users is proposed in the space. The play piece acts as a standalone climbing structure with sufficient space for a fall zone and additional markings on extended rubber soft fall surfacing such as hopscotch etc. With the connection to the playground there is an opportunity to extend the soft fall and connect the two spaces for a much more integrated feel. The positioning of the climbing structure allows for screen planting and improved garden beds to the adjacent development. A key feature is that the piece adds a level of diversity to the playground for multi age use which aligns with a community suggestion during consultation. Alternative option 2 – Public Table Tennis An outdoor ping pong table provides increased activity, vibrancy and engagement for a range of ages and ability. Ping pong tables have been installed in numerous locations around the world including local municipalities of Yarra and Port Phillip and have proved very successful. In terms of equipment these can be supplied by the users, not unlike tennis, or a partnership can be formed with a local café which is quite common. The ping pong table has sufficient space for a fall zone and additional markings on extended rubber soft fall surfacing such as hopscotch etc. With the connection to the playground there is an opportunity to extend the soft fall and connect the two spaces for a much more integrated feel. The positioning of the ping pong table allows for screen planting and improved garden beds to the adjacent development. The Ping-Pong table adds a level of diversity to the playground which encourages use by all age’s from the young to the older age community. This aligns with a commentary from the community during consultation

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FINANCIAL AND RESOURCES IMPLICATIONS Below is a summary of project costs (including a contingency of 10%) and proposed budget allocation within the 2018/19 financial year.

AVAILABLE BUDGET ALLOCATION 2018/19 FY

X9818- Development of Caroline Gardens $228,000.00

X9580- Preparation and Implementation of Landscape Plans $136,571.90

Council held bond $25,000.00

TOTAL $389,571.90

As shown above there is available funding within the Capital Works budget X9818- Development of Caroline Gardens and Capital Works budget X9580 – Preparation and Implementation of Landscape Plans to deliver the project within the 2018/19 financial year. Additional funding is available within the Capital Works budget X9580 – Preparation and Implementation of Landscape Plans for any variations that may occur within the project and would be reported under Council’ appropriate delegations. The $25,000 bond associated with the conditions of Planning Permit 200/11 is also to be utilised. CONCLUSION As clearly commented on by VCAT in their decision (Attachment 7), there is no location within the area where a replacement tennis wall is clearly suitable. The Tribunal however could only consider what proposal was before it – namely the reconstruction of the wall in its original position; Option 1; or Option 2. It considered Option 2 to be the most acceptable of those based on planning merits. However, from a ‘Public Land Manager’ perspective, Council must consider issues that go beyond that considered under the Planning and Environment Act 1987. Based on the above analysis, it is recommended that an alternate option be considered in lieu of the tennis hit up wall and that the community be engaged on the two alternate options presented. HUMAN RIGHTS CONSIDERATION This recommendation complies with the Charter of Human Rights and Responsibilities Act 2006.

ATTACHMENTS

⇨1. Attachment 1 - Caroline Gardens Community Expectations Diagram Excluded

⇨2. Attachment 2 - Remedial Plan (RP) endorsed 16 November 2016 Excluded

⇨3. Attachment 3 - Option 1 as considered by VCAT Excluded

⇨4. Attachment 4 - Option 2 as considered by VCAT Excluded

⇨5. Attachment 5 - Caroline Gardens Concept Plan Excluded

⇨6. Attachment 6 - Location and design of preferred option E Excluded

⇨7. Attachment 7 - 2018 VCAT Decision Excluded

⇨8. Attachment 8 - Independent Landcape Assessment. Excluded

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⇨9. Attachment 9 - Bouldering play equipment Excluded

⇨10. Attachment 10 - PinPong Excluded

RECOMMENDATION

That: 1. Based on the independent analysis of the landscape options outlined in the report

Council as public land managers for Caroline Gardens resolve not to replace the tennis hit up wall.

2. Council seek community feedback on the alternate options provided in this report (see Attachments 9 and 10)

3. The bond held for the tennis wall be reallocated to fund the construction of the alternate treatment once finalised.

4. An updated Caroline Gardens Plan be prepared that includes the modified play space in combination with the improvements resolved at its meeting of 5 June 2017.

5. The interested parties be notified of the updated Caroline Gardens plan, including timing of the delivery of the proposed park improvements

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10. SUTHERLAND ROAD, ARMADALE BETWEEN WATTLETREE ROAD AND CAMBRIDGE

STREET - FOLLOW UP PARKING INVESTIGATION

Traffic Engineer: David Ventura Manager Transport & Parking: Ian McLauchlan General Manager Assets & Services: Simon Thomas

PURPOSE

To consider the Council decision made at the Council meeting on 23 April 2018 to install 2-HOUR parking restrictions, operating between 9am and 6pm, Monday to Friday on the west side of Sutherland Road between Wattletree Road and Cambridge Street, as per Attachment A.

BACKGROUND

In May 2017 a petition was received signed by 10 residents representing 6 properties in the section of Sutherland Road between Wattletree Road and Cambridge Street, requesting parking restrictions be installed as a result of parking intrusion due to commuters. Other sections of Sutherland Road already have parking restrictions installed. The petition sought improved access to the limited parking spaces available in the street for residents during the day on weekdays. The petition sought parking restrictions be installed on both sides on the street.

Hourly parking surveys were conducted on Tuesday 13 June 2017 from 7am to 9pm between Wattletree Road and Cambridge Street. In addition to this, some spot surveys were conducted on a Tuesday and Thursday to gain further observations of the existing parking conditions in the street in the same section.

The hourly parking surveys demonstrated the subject section of the street was regularly occupied, with an average occupancy of 83% on the west side of the street and 75% on the east side. These occupancy figures met the warrants for the installation of restrictions in a street which is currently unrestricted (average occupancy is greater than 67% between 9am and 6pm). As such, it was considered appropriate to consult residents on a proposal to install parking restrictions.

A 2-HOUR parking limit was selected, as this would encourage turnover by non-residents, would allow for resident exemption, and is consistent with other restrictions in Sutherland Road. As is the case in streets (or sections of streets) where parking is unrestricted on both sides, a proposal was considered for one side of the street only in the first instance.

Therefore, a circular was distributed to residents in Sutherland Road (between Wattletree Road and #31 Sutherland Road) on 1 August 2017 with a proposal to:

Install 2-HOUR parking restrictions, operating between 9am and 6pm, Monday to Friday on the west side of Sutherland Road, as per Attachment A.

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A total of 127 properties were distributed the circular with 30 replies received, equating to a 24% response rate. The responses received are shown in Table 1 below.

Table 1: Community Opinion

Proposal Agree Disagree Not Stated Total

Install ‘2-HOUR’ Restrictions

16 (53%)

14 (47%)

0 (0%)

30 of 127 (24%)

The response was split between those supportive of the proposal, and those who did not want the conditions to change in the street as this would impact on their current amenity.

It was also useful to note that although there is a split response, 8 of the supportive responses came from the same multi-residential development. When taking this into account, half of the support to the proposal was located at one specific site. Those opposed to the proposal had a larger spread throughout the consultation area.

Based on the mixed response, it was recommended that the proposal be abandoned, and this was the decision made via CEO report. Residents were notified accordingly on 9 February 2018.

At the Council Meeting on 19 February 2018, an email from a resident sent to Cr Judy Hindle (dated 15 February 2018) was tabled asking for the decision to abandon the proposal to install 2-HOUR restrictions to be reviewed. The letter tabled expressed disappointment at the decision to abandon the proposal, and requested that it be reversed. Cr Hindle requested that a report be submitted to Council for further consideration on this matter.

A report was then submitted for the Council Meeting on 23 April 2018 summarising the issue and correspondence to date. The previous decision to abandon the proposal was reversed, with Council determining that the proposal to install 2-HOUR parking proceed.

The community previously consulted was notified of this amended decision on 3 May 2018.

This notification triggered a response from those opposed to the 2-HOUR restriction, who were previously satisfied with the decision to abandon the proposal. This took the form of emails and telephone calls, and officers held off installing the signs initially. As no change to the resolution appeared forthcoming, the signs were ultimately installed in the week of 9 July 2018.

At the Council Meeting on 23 July 2018 a petition signed by 30 residents from 17 properties was tabled. The petition outlined that these residents did not want parking restrictions in the subject section of Sutherland Road, and that the status quo (unrestricted parking) be maintained in line with the recommendation of the initial CEO report and decision.

On receipt of this petition, it was considered appropriate to allow 3-4 weeks for the parking patterns to stabilise, with the 2-HOUR restrictions then in place. Once this time had elapsed a further investigation into the parking conditions was undertaken.

DISCUSSION

An independent parking survey was undertaken by a contractor on Tuesday 11 September 2018 over the time period 6am to 11pm, to capture the parking occupancy for the entirety of the day. In conjunction, Council officers conducted some spot surveys during early morning periods (between 6am and 10am). The below graph demonstrates the parking occupancy during the independent parking survey.

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Figure 1: Parking occupancy in the subject section of Sutherland Road (both sides)

The results show that two-thirds of the street surveyed was regularly occupied with an average occupancy of 79%. The 9am to 6pm average occupancy was 83%.

In this instance it is recognised that the west side of the street now has a 2-HOUR parking limit installed. The below graphs demonstrate the parking occupancy on each side of the street during the survey.

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Figure 2: Parking occupancy on the west side of Sutherland Road (2-HOUR)

Figure 3: Parking occupancy on the east side of Sutherland Road (Unrestricted)

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The survey revealed that the 2-HOUR parking restriction on the west side of the street has provided more parking opportunities for residents as the average 9am-6pm parking occupancy on this side was 71%. However, the 9am-6pm parking occupancy on the unrestricted east side of the street was 94%.

The spot surveys undertaken by Council officers also confirmed high occupancy, with an average total occupancy of 95% recorded (both sides combined).

Based on these survey results, even with the 2-HOUR restriction in place if residents were seeking further restrictions, it would be reasonable to consult the community with a proposal for restrictions on the unrestricted side of the street.

That said, these warrants are used to determine whether it is reasonable to consult the community on a proposal to install restrictions; they do not mean that restrictions are necessary. In this case, it appears that some members of the local community want restrictions, where others would prefer unrestricted parking which had previously been available. It appears that the number of residents in each camp is approximately equal.

Previous concerns had also been raised that the non-resident vehicles parking in the street were mostly vehicles involved in construction/renovations, which is a temporary issue. During the spot surveys, construction vehicles that could be easily identified by either the type of vehicle, clearly visible tools, and/or clear branding on the car were counted and tracked throughout each survey. On average, only 5 construction vehicles were observed to be parked within this section of Sutherland Road. Based on this, a small proportion of the non-residential vehicles parked in the street were vehicles involved in the current construction works.

It was also noted that a ‘Go Get’ car was also parked on the unrestricted east side of the street for a majority of the surveys.

The existing parking restrictions appear to be assisting on the west side based on the surveys as the occupancies have reduced on this side of the street. Notwithstanding, it is considered that the parking occupancies on both sides of the street are still high and if desired meet the warrants to offer residents further restrictions (such as 2-HOUR parking on the east side of the street, replacing the unrestricted parking).

Options for Council

In consideration, the following options seem possible:

Remove the 2-HOUR restrictions. This is what is sought by the petition tabled at the Council meeting on 23 July 2018. This would be in line with the original recommendation based on the 16 in favour 14 against mixed circular response from August 2017. If Council does remove the 2-HOUR parking signs, there is a risk that those in favour of the restrictions would not view this as a reasonable course of action.

Maintain restrictions as currently installed. This would satisfy those residents who sought the parking restrictions in the first instance, and successfully lobbied against the original decision to abandon the proposal. Based on the most recent surveys, the current restrictions have not lead to unreasonably low parking occupancies on street, and in fact further restrictions could be warranted based on these surveys. However, this does not address the most recent petition, which sought a return to unrestricted parking conditions.

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Consult the community again. Due to the mixed nature of the response to date, and that those in support and opposition to restrictions appear to be approximately equal in number, the opportunity exists to consult the community again to try to seek a clearer resolution one way or the other. In consulting the community again, more options could be presented, such as no restrictions, restrictions on one side, or restrictions on both sides, based on more recent surveys. However, consulting again may draw community apathy, due to diminishing returns which are often observed where there is multiple consultations occurring. The community has indicated in their submissions that they do not favour further consultation, with each group instead seeking immediate action to support their viewpoint.

Officer Recommendation

Due to the level of feedback received, and strong veiws on either side of the issue, it is recommended that the community be consulted again, to resolve the issue finally. In doing so, it is recommended that 3 options be presented (unrestricted, 2-HOUR on one side, and 2-HOUR on both sides), and that the option which receives the majority vote is supported.

FINANCIAL AND RESOURCES IMPLICATIONS

The cost to complete the parking study across the area selected was $790 excluding GST, and was funded from the 2017/18 Financial Year budget.

CONCLUSION

Since the decision to install 2-HOUR parking restrictions on the west side of Sutherland Road between Wattletree Road and Cambridge Street, a petition signed by 30 residents in the street was received to have these signs removed. After investigating the current parking behaviour in the street it is considered that consulting the community again is the most appropriate course of action to determine the parking restrictions on Sutherland Road.

HUMAN RIGHTS CONSIDERATION

This recommendation complies with the Charter of Human Rights and Responsibilities Act 2006.

RECOMMENDATION

That:

1. Those originally consulted on the proposal to install 2-HOUR restrictions on Sutherland Road be consulted again with a new proposal.

2. The proposal include 3 options, being unrestricted parking, restrictions on one side, or restrictions on both sides of the subject section of the street.

3. The lead petitioner be advised of the decision.

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11. BROOKVILLE KINDERGARTEN - GREEN ROOM

Policy and Development Officer: Colette Harris General Manager Community & Culture: Cath Harrod

PURPOSE

The purpose of this report is to inform Council of the capital works scheduled for Brookville Kindergarten’s Green Room.

BACKGROUND

Brookville Kindergarten is a community run kindergarten operating out of a Council owned facility at 53 Canterbury Road Toorak. It was officially opened on 26 August 1952 as both a kindergarten and maternal and child health centre for families residing in the City of Prahran. Unveiled by the Mayor of Prahran, Cr HR Petty, the kindergarten cost the City of Prahran just over 11,000 pounds. Today, Brookville runs five kindergarten programs for 117 children. In 2018 they began a pre-kinder program that operates once a week.

Brookville Kindergarten has three play spaces within their property, located to the east, south and west of the building. In February 2015, Brookville Kindergarten requested Council to assist them with undertaking some minor improvement works in their play spaces, one of which was the Green Room located towards the south of the building. Detailed designs were then developed by Justin Staggard in July 2015.

During the installation of shade sail footings in February 2016, Council discovered the 2.3 metre wide Melbourne Water Main Drain. This discovery occurred when the brick structure was punctured. Melbourne Water instructed that works to the site be ceased and that an alternative solution to minimise impact on the Melbourne Water Main Drain be proposed and submitted for Melbourne Water approval.

Subsequently, it was established that the existing retaining wall and chain wire, mesh fence at the rear boundary of 53 Canterbury Road, was constructed outside the title boundary and over the existing Melbourne Water Drain.

Attachment 1 includes a plan showing the Title Reestablishment Survey showing that the fence must be relocated approximately 0.9 to 1.6 metres towards the north into 53 Canterbury Road.

Since the discovery of the Melbourne Water Main Drain on 29 February 2016, the following has occurred:

Interim remedial works completed, in the form of soft fall and sand.

Land surveyors, Reeds Consulting, re-establish title boundaries of Brookville Kindergarten and the rear Right of Way (as required by Melbourne Water) - March 2016.

A shade sail contractor designed a special, cantilevered shade sail for the Green Room, so that its support structure does not impact on the Melbourne Water Main Drain (as required by Melbourne Water) - May 2016.

The project suspended as it was established that there were insufficient funds to proceed with the alternative cantilevered shade sail design and new retaining wall and fence to be constructed on the correct Title Boundary - May 2016.

Funding sought by Council in the 2017/18 financial year for the alternative cantilevered shade sail, retaining wall and fence – December 2016.

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Budget bid accepted by Council for the 2017/18 financial year for the alternative cantilevered shade sail, retaining wall and fence – June 2017.

o Please note that funding to the amount of $11,250 (ex GST) for Green Room

shade sails and $26,527 (ex GST) for Green Room playground upgrade will be funded by Brookville Kindergarten. Total funding from Brookville Kindergarten: $37,777 + GST

Revised Detailed Design of Green Room by Justin Staggard – January 2018 (See Attachment 2 and Attachment 3).

Detailed Design of Green Room approved by Brookville Kindergarten – 27 April 2018.

Additional survey work to prove location of Melbourne Water Drain by Taylors Development Strategists (approved Melbourne Water Surveyor).

o Please note that our initial surveyor Reeds; although outside their scope and

in good faith, sought advice from a more experienced company Taylors Development Strategists Pty Ltd, with the intent to provide Council with a solution – September 2018.

o Anticipated receipt of documentation by Taylors Development Strategists – by

early November 2018.

Council’s Melbourne Water application process, with assistance from Taylors Development Strategists, is currently in progress.

DISCUSSION

Kate Hely, President of the Committee of Management at Brookville Kindergarten, wrote to the North Ward Councillors and Council staff on 15 October 2018 to express the Committee’s ‘disappointment with the lack of action on the upgrade of the Green Room outdoor space’. Ms Hely requested the following compensation for the delay:

1) That Council sponsors outdoor equipment

2) The ‘temporary’ sandpit to be made larger, with boulders or similar as borders.

3) That Council seeks a way to expedite the completion of works to the Green Room, as soon as possible.

In response to the aforementioned correspondence, Cr Koce requested a Council Report on this matter, on 15 October 2018.

In response to Ms Hely’s correspondence, Council officers attended the Brookville Kindergarten Green Room on 18 October to meet with her and Director Lydia Bustin.

In addition to discussing the preferred size of the sandpit on site, and prioritising the key pieces of outdoor equipment desired, Brookville Kindergarten representatives requested contacts for Council’s sustainability team. A request was also made for contacts from the local aboriginal community to assist staff with the renaming of their outdoor spaces.

Action

26 October 2018 - With Envy Landscaping on site to quote for expanded sandpit and new soft fall.

o 2 November 2018 – quotes for sandpit and soft fall due.

30 October 2018 - List of prioritised items sent to Ms Hely and Ms Bustin for approval (see Attachment 4).

Council is advising Brookville Kindergarten of progress with Melbourne Water and will provide updates of developments.

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POLICY IMPLICATIONS

Providing support to Brookville Kindergarten in the form of landscaping and new equipment will support Council’s Children Youth and Family (Birth-25) Strategy. Particularly the themes within the Strategy, titled ‘Thriving families’ and ‘Responsive and sustainable’.

The Policy would also have relevance to the following strategy within the ‘Community’ pillar of the Council Plan 2017-2021: ‘Enhance modern learning environments, community hubs and libraries, to support connected communities’.

FINANCIAL AND RESOURCES IMPLICATIONS

Although the Licence Agreement between Brookville Kindergarten and Council indicates that the Licensee is to ‘maintain, regularly inspect, upgrade and replace (where necessary) all outdoor playground equipment and fall zones in accordance with Australian Standards and laws’, officers have considered that a one off purchase relating to the sandpit, Softfall and play equipment is reasonable due to the unique circumstances surrounding the Green Room upgrade.

LEGAL ADVICE & IMPLICATIONS

There are no implications related to the provision of additional support to Brookville Kindergarten in the form of landscaping and new outdoor equipment. The only consideration of note is that Council cannot proceed with the upgrade of the Green Room until receiving permission from Melbourne Water.

CONCLUSION

It is clear that there has been a significant delay in the upgrade of the Green Room at Brookville Kindergarten. This was as a result of a Melbourne Water Main Drain having been punctured during the installation of shade sail footings, in February 2016. Since this time, Council has engaged with numerous consultants to meet the requirements of Melbourne Water, in order to expedite planned works for the Green Room.

In response to the disappointment expressed by Ms Hely, Council Officers have met with both her and Ms Bustin on 18 October. Quotes are now being formalised for an expanded sandpit and a delivery of soft fall. An estimate has also been compiled for a prioritised list of outdoor equipment.

Supporting Brookville Kindergarten with landscaping and new outdoor equipment, while Council awaits final approval from Melbourne Water to proceed with the Green Room, is in line with both the ethos of the Children, Youth and Family (Birth-25) Strategy and the ‘Community’ Pillar of the Council Plan.

It is therefore proposed that Council provide Brookville Kindergarten with the proposed support in the form of landscaping and new outdoor equipment.

Item Quote Delivery

Sandpit TBA TBA

Soft fall TBA TBA

Outdoor play equipment $3,528.65 January 2019

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HUMAN RIGHTS CONSIDERATION

This recommendation complies with the Charter of Human Rights and Responsibilities Act 2006.

ATTACHMENTS

⇨1. Attachment 1- Title Reestablishment Survey Excluded

⇨2. Attachment 2- Detailed Design of Green Room Excluded

⇨3. Attachment 3- Concept Plan for Green Room Excluded

⇨4. Attachment 4- Proposed Outdoor Equipment Excluded

RECOMMENDATION

That Council provides additional support to Brookville Kindergarten in the form of landscaping and new outdoor equipment.

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12. FINANCIAL REPORT FOR THE PERIOD ENDING 30 SEPTEMBER 2018

Acting Manager Finance: Jaime Loh Acting General Manager Corporate Services: Jon Gorst

PURPOSE

To provide Council with an update on Stonnington City Council’s financial performance for the period ending 30 September 2018.

BACKGROUND

Section 138 of the Local Government Act requires the provision of a quarterly financial report to an open Council meeting comparing the budgeted revenue and expenditure for the financial year with the actual revenue and expenditure to date.

DISCUSSION

Executive Summary

The year to date net surplus including open space contributions at 30 September 2018 was $97.7M against a budget of $93.5M, a favourable / positive variance of $4.2M.

The year to date net surplus excluding open space contributions at 30 September 2018 was $91.6M against a budget of $91.0M, a favourable variance of $0.6M.

The surplus is expected to be $39.8M by 30 June 2019 ($29.8M excluding open space contributions), resulting in a forecasted favourable full year variance to budget of $2.0M.

The year to date surplus is $4.2M greater than the year to date budgeted surplus and is mainly due to:

Higher than budgeted operating income of $3.2M, particularly earlier than budgeted monetary contributions $3.6M and other income being $395K favourable (predominantly unbudgeted cost recoveries). These are partially offset by lower than budgeted rates income ($501K) due to the timing of Supplementary Rate income and lower than budgeted Statutory Fees & Fines ($332K) due to delays in receiving infringement income from Fines Victoria.

Operating expenditure is $1.0M less than the year to date budget. This is primarily due to the timing of materials and services expenditure $650K, borrowing costs being $189K favourable due to budgeted loan borrowings now being undertaken in December 2018 (was originally budgeted for July 2018) and operating initiatives expenditure being $143K favourable (timing).

As at 30 September 2018, Council held $101.0M in cash and investments. Council achieved a year to date working capital ratio of 3.92, indicating a continued strong ability to meet its current financial commitments. Net assets were $3.1B at 30 September 2018.

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Operating Result – Full Year Forecast

The full year forecast surplus compared to the full year original budget surplus is expected to be $2.0M favourable.

Operating Income

Full year income is forecast to be $179K favourable as a result of:

$230K higher than budgeted statutory fees and fines, mainly due to higher applications for building certificates and regulatory fees and permit fees income and higher than anticipated infringement income of $183K. The lower year to date statutory fees and fines income at 30 September 2018 when compared to the year to date budget are as a result of issues with Fines Victoria’s (State Government entity) implementation of a new IT system leading to delays in infringement income being passed on to Council.

$268K higher than budgeted other income, due to unbudgeted recycling funding received from State Government $95K, unbudgeted legal case settlement $73K, State Government cost recoveries for the Valuations function $62K, six months rental income unbudgeted from a property acquisition $66K, and other unbudgeted cost recovery from the Victorian Building Authority for cladding inspections $81K. These are offset by lower than budgeted rental income ($103K).

These favourable income variances are partially offset by:

$130K lower than budgeted operating grants, predominantly due to the cessation of the Adult Day Activities program where funding from the Department of Health and Humans Services and Department of Health will no longer be received.

$100K lower than budgeted capital grants, due to the earlier than anticipated receipt of 2018/19 Sports and Recreation Victoria funding in June 2018.

Operating Expenditure

Full year operating expenditure is forecast to be $1.8M favourable as a result of:

Employee costs are forecast to be $1.0M less than budget due to vacancies across the organisation. Where required contractors are engaged to backfill while recruitment is undertaken to ensure continuity of service delivery.

Materials and services costs are forecast to be $120K lower than budget. This is due to some savings in Festivals and Events, the Adult Day Activities program, and Council administration facilities cleaning and property maintenance programs.

$307K lower than budgeted borrowing costs (interest expense), as a result of planned loan borrowings now being undertaken in December 2018 (was budgeted for July 2018).

$96K lower than budgeted depreciation, due to the timing of the completion and capitalisation of the capital works program.

$125K lower than budgeted other expenses, predominantly as a result of rental expense savings in the Maternal Health and Child Health unit due to alternative accommodation arrangements.

$114K lower than budgeted operating initiatives, mainly due to anticipated savings.

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Capital Works Expenditure – Full Year Forecast

The full year forecast net Capital Works expenditure excluding Operating Initiatives at 30 September 2018 is $94.6M. This includes the following key projects:

Toorak/South Yarra Library Air Conditioner Plant and refurbishment $1.6M,

Prahran Market – North East Corner Development $1.0M,

Local Road refurbishment and resurfacing $4.0M,

Yarra River Biodiversity Project $1.5M,

Drainage renewals $1.4M,

Cato Square development $45.9M,

Gardiner Park redevelopment $2.7M,

Harold Holt Swim Centre masterplan $3.4M,

Stonnington Indoor Sports Stadium $1.1M,

Prahran Town Hall masterplan $1.0M,

Pavilion Redevelopment – Dunlop Pavilion $2.4M,

Strategic property purchases for open space realm and incidental costs $5.0M,

Toorak Park Masterplan Implementation $1.0M.

The year to date capital expenditure is $18.4M. This equates to 20% of the full year forecast.

Full year net capital expenditure (excluding Operating Initiatives) is forecast to be $94.6M compared to the net original budget of $101.0M. Capital works carry-overs and deferrals to 2019/20 are currently estimated at $7.6M (including the Cato Square project $2.3M; Prahran Town Hall Masterplan development $4.3M; Stonnington Indoor Sports Stadium $950K and the Art acquisition program $77K).

Cash Flow

Total cash and investments are $101.0M at 30 September 2018. The cash and investments balance is forecast to be $85.4M at 30 June 2019 which is $4.8M greater than budgeted.

The attachment provides Council with the following: Income Statement to 30 September 2018 Full Year Forecast Major Variance Analysis as at 30 September 2018 Balance Sheet as at 30 September 2018 Cash Flow Statement as at 30 September 2018 Financial Performance Indicators to 30 September 2018 Capital Works Expenditure Report as at 30 September 2018.

HUMAN RIGHTS CONSIDERATION

This recommendation complies with the Charter of Human Rights and Responsibilities Act 2006.

ATTACHMENTS

⇨1. Council Financial Report for the period ending 30 September 2018 Excluded

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RECOMMENDATION

That Council receives and notes the Financial Report for Stonnington City Council for the period ending 30 September 2018.

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13. REPORT ON THE 2017/2018 COMMUNITY GRANTS PROGRAM

Manager Governance & Corporate Support: Fabienne Thewlis Acting General Manager Corporate Services: Jon Gorst

PURPOSE

The purpose of this report is to provide an overview of the (General) Community Grants funded or supported in the 2017/18 financial year.

BACKGROUND

Council has supported its Community Grants Program well over many years. This report is the first to give an overview of the program and covers one financial year 2017/18.

DISCUSSION

Council has an extensive Community Grants Program with not only General Grants or in-Kind Support but also Arts Program Grants, assistance in Community Buildings and a number of supports through the Aged and Disability Services area.

Community Grants are often the only source of funding or in-kind support for use of Council buildings or buses to deliver their programs for many community groups. The diversity of supported programs is shown in the attached report. Over the past few years we have seen the aging of the community through these programs and a changing community through new programs and groups. Further, without funding assistance it is considered that some of the services are so important that they would have to be provided by Council at what would be a greater cost.

This report follows the Independent Internal Audit of the processes and policies for the (General) Community Grants that Council commits to as part of the larger Internal Audit Program.

FINANCIAL AND RESOURCES IMPLICATIONS

Council has a commitment to maintain funding and support for the Community Grants Program in its annual budget which is also CPI adjusted.

The difficulty for any Community Grants Program is balancing out the availability of funds, buildings or buses with the applications. In 2017/18 Council was in the position that it could not cover all in-kind venue usage and trialled the recoupment of a percentage of such venue hire for certain buildings. While the applicants were very good at paying such costs it is considered that this was to the detriment of their program and has not been continued in 2018/19.

CONCLUSION

The report on the Community Grants Program demonstrates Council’s commitment to the strategies and objectives as outlined in the Council Plan in:

Supporting residents throughout all life stages;

Enhancing community health and wellbeing;

Supporting diverse and inclusive connected communities;

Implementing community safety initiatives;

Enhance modern learning environments and community hubs; and

Increasing participation in physical activity.

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HUMAN RIGHTS CONSIDERATION

This report is a follow up on the considerations undertaken in the Community Grants Program and is considered that it meets the obligations of the Charter of Human Rights and Responsibilities Act 2006.

ATTACHMENTS

⇨1. Attachment One - Report on the 2017/2018 Community Grants Excluded

RECOMMENDATION

That Council receive and note the Report on the 2017/2018 Community Grants Program.

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14. PRAHRAN MARKET OPERATING REPORT TO COUNCIL FOR THE QUARTER ENDED 30

SEPTEMBER2018

Acting General Manager Corporate Services: Jon Gorst Chief Executive Officer: Warren Roberts

PURPOSE

The purpose of this report is to consider the quarterly operating report of Prahran Market Pty Ltd for the quarter ended 30 September 2018.

DISCUSSION

A copy of the Prahran Market operating report to Council for the quarter ended 30 September 2018 is attached.

Items of particular note are:

- Say Cheese festival

- events in Omega and Neil Perry Community kitchen

- tenancy re-developments.

HUMAN RIGHTS CONSIDERATION

This recommendation complies with the Victorian Charter of Human Rights and Responsibilities Act 2006.

ATTACHMENTS

⇨1. Prahran Market Operating Report 30 September 2018 Excluded

RECOMMENDATION

That Council receives the Prahran Market operating report to Council for the quarter ended 30 September 2018.

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o) Confidential

1. PRAHRAN MARKET FINANCIAL REPORT TO COUNCIL FOR THE QUARTER ENDED 30

SEPTEMBER 2018

Acting General Manager Corporate Services: Jon Gorst

Confidential report circulated separately.