MINUTES - City of · PDF fileMINUTES of the ORDINARY ... PLANNING APPLICATION 0454/12 - 6...

MINUTES

of the ORDINARY MEETING of the STONNINGTON CITY COUNCIL held in the COUNCIL CHAMBER, STONNINGTON CITY CENTRE

(CORNER GLENFERRIE ROAD & HIGH STREET, MALVERN)

on

17 February 2014

COUNCIL MINUTES

MONDAY 17 FEBRUARY 2014

A. READING OF THE RECONCILIATION STATEMENT AND PRAYER

B. APOLOGIES

C. ADOPTION AND CONFIRMATION OF MINUTES OF PREVIOUS MEETING(S) IN

ACCORDANCE WITH SECTION 63 OF THE ACT AND CLAUSE 423 OF GENERAL LOCAL

LAW 2008 (NO 1)

1. MINUTES OF THE COUNCIL MEETING HELD ON 3 FEBRUARY 2014 ................... 5

D. DISCLOSURE BY COUNCILLORS OF ANY CONFLICTS OF INTEREST IN ACCORDANCE

WITH SECTION 79 OF THE ACT1

E. QUESTIONS TO COUNCIL FROM MEMBERS OF THE PUBLIC

F. CORRESPONDENCE – (ONLY IF RELATED TO COUNCIL BUSINESS)

G. QUESTIONS TO COUNCIL OFFICERS FROM COUNCILLORS

H. TABLING OF PETITIONS AND JOINT LETTERS

I. NOTICES OF MOTION

J. REPORTS OF SPECIAL AND OTHER COMMITTEES

K. REPORTS BY DELEGATES

L. GENERAL BUSINESS

1. PLANNING APPLICATIONS ........................................................................... 11

1.1. PLANNING APPLICATION 0454/12 - 6 RUABON ROAD, TOORAK –

CONSTRUCTION OF A MULTI-DWELLING DEVELOPMENT AND

REDUCTION IN THE CAR PARKING REQUIREMENTS IN A RESIDENTIAL 1

ZONE ........................................................................................................ 11

1.2. PLANNING PERMIT 0654/03 - 19 YARRADALE ROAD, TOORAK - S72

AMENDMENT TO APPROVED PLANNING PERMIT AND PLANS

COMPRISING FURTHER BUILDINGS AND WORKS AND DELETION

OF CONDITIONS .................................................................................................... 15

1.3. PLANNING APPLICATION 0149/13 - 1043 DANDENONG ROAD, MALVERN EAST - USE AND DEVELOPMENT OF THE LAND FOR A

MEDICAL CENTRE IN A RESIDENTIAL 1 ZONE AND ASSOCIATED

BUSINESS IDENTIFICATION SIGNAGE, CAR PARKING

DISPENSATION AND CREATION OF ACCESS TO A ROAD IN A ROAD

ZONE, CATEGORY 1 ............................................................................................ 19

1.4. PLANNING APPLICATION 0177/13 - 59 PORTER STREET, PRAHRAN –

REDEVELOPMENT OF THE SITE WITH A SEVEN STOREY

APARTMENT BUILDING WITH A SHOP / OFFICE AND CAR PARKING

AT THE GROUND FLOOR .................................................................................... 22

1.5. PLANNING PERMIT 0905/12 – 1341 DANDENONG ROAD, MALVERN

EAST – CHADSTONE SHOPPING CENTRE – STAGE 4 - AMENDMENT

TO APPROVED PLANNING PERMIT FOR CHANGES TO THE PERMIT

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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CONDITIONS TO ALLOW FOR STAGING OF THE OFFICE AND HOTEL

DEVELOPMENT .................................................................................................... 26

2. APPOINTMENT OF AUTHORISED OFFICERS PURSUANT TO THE

PLANNING AND ENVIRONMENT ACT 1987 ........................................................ 34

3. AMENDMENT C184 - PUBLIC ACQUISITION OVERLAY, PRAHRAN ................... 34

4. 2-4 YARRA STREET, SOUTH YARRA - REQUEST TO VARY

CONSTRUCTION TIMES ................................................................................ 35

5. INQUIRY INTO SOCIAL INCLUSION AND VICTORIANS WITH A DISABILITY .......... 36

6. STONNINGTON HISTORY COMMITTEE ........................................................... 36

7. MILTON GRAY SCOUT HALL - 216 WATTLETREE ROAD, MALVERN, CONSULTATION ......................................................................................... 36

8. GENERAL BUSINESS

M. URGENT BUSINESS

N. CONFIDENTIAL BUSINESS

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PRESENT : CR ADRIAN STUBBS, MAYOR

: CR JOHN CHANDLER

: CR ERIN DAVIE

: CR SAM HIBBINS

: CR JAMI KLISARIS

: CR MATTHEW KOCE

: CR JOHN MCMORROW

: CR MELINA SEHR

: CR CLAUDE ULLIN

COUNCIL OFFICERS PRESENT

: WARREN ROBERTS, CEO

: GEOFF COCKRAM

: SIMON THOMAS

: CONNIE GIBBONS

: KAREN WATSON

: STUART DRAFFIN

: ALEX KASTANIOTIS

: FABIENNE THEWLIS

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A. Reading of The Reconciliation Statement and Prayer

Fabienne Thewlis, Manager Governance & Corporate Support, read the following reconciliation statement:

We acknowledge that we are meeting on the traditional land of the Boonwurrung and Wurundjeri people and offer our respects to the elders past and present. We recognise and respect the cultural heritage of this land.

The meeting began with a prayer at 7.02 pm.

The Mayor, Cr Stubbs, introduced Councillors and the CEO, Warren Roberts, to the meeting. The CEO introduced Council Officers to the meeting.

B. Apologies

Nil

C. Adoption and Confirmation of Minutes of Previous Meeting(s) in Accordance with Section 63 of The Act and Clause 423 of General Local Law 2008 (No 1)

1. Council Meeting - 3 February 2014

MOTION: MOVED CR MCMORROW SECONDED CR DAVIE

That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 3 February 2014 and Minutes of the Confidential Meeting of the Stonnington City Council held on 3 February 2014 as an accurate record of the proceedings.

Carried

D. Disclosure by Councillors of any Conflicts of Interest in accordance with Section 79 of the Act

Cr Chandler declared an Indirect Interest - Conflict of Duty, in relation to Item 6 – Stonnington History Committee, as he is a member of the Prahran Mechanics Institute which is referred to in this report

Cr Davie declared a Direct Conflict of Interest in relation to Item 1.5 – 1341 Dandenong Road, Malvern East – Chadstone Shopping Centre – Stage 4, as she is a past objector and lives in close proximity to the subject site.

Cr Klisaris declared an Indirect Conflict of Interest - Close Association, in relation to Item 1.5 – 1341 Dandenong Road, Malvern East – Chadstone Shopping Centre – Stage 4, as members of her family own property in close proximity to the subject site.

E. Questions to Council from Members of the Public

The Mayor, Cr Stubbs, read the following statement: During Council’s previous Ordinary Meeting no Questions to Council were received from members of the public.

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For tonight’s Ordinary Meeting of Council one set of Questions to Council has been received for response. One question from Ms Ann Reid relating to:

lodgement of an objection to the plans for the MRC development in Glen Eira. Council will answer the questions, but I use my discretion under Clause 424 (3)(b) for the Local Law to not provide the responses this evening, but to provide written responses to the submitter within 14 working days.

F. Correspondence – (only if related to council business)

Cr McMorrow tabled the following correspondence:

Correspondence in relation to Item 7 - Milton Gray Scout Hall - 216 Wattletree Road, Malvern, Consultation:

An email (17.2.14) from the Chief Commissioner, Scouts Victoria, giving information recent significant growth, changes and innovations in Scouting in Victoria, and expressing a range of concerns in relation to the unresolved matter of the 2nd Malvern Scout Hall.

An email (16.2.14) from the District Commissioner, Glen Eira Stonnington District Scouts, with an attached information about the 2nd Malvern Scout Group and requesting a meeting with Councillors.

An email (17.2.14) noting that the community overwhelmingly favours retention of the Hall and challenging the conclusion of Council Officers that community views are mixed. The email asks that Planning Application 0469/13 be withdrawn and Council Officers commence negotiations with the Scouts Association for renewed occupation of the Scout Hall.

Cr Koce tabled the following correspondence:

Correspondence in relation to Item 1.1 - 6 Ruabon Road, Toorak:

An email (4.2.14) with an attached objection opposing the development on the grounds of: neighbourhood character and amenity issues; excessive height and mass; overlooking and overshadowing; traffic and parking impacts; noise issues; visual bulk; and waste management problems.

A letter (12.2.14) from a resident of Ruabon Road, Toorak, objecting on the grounds of: overshadowing; visual bulk; traffic congestion and parking problems; excessive height and severe neighbourhood character issues; and inadequate setbacks.

Cr Ullin tabled the following correspondence:

A series of emails and letters (from 2004 to 5.2.14) between residents of Rose Street, Armadale, and Council Officers in relation to issues involving the pedestrian crossing at Toorak Station and the kerb return at the corner of Beatty Avenue and Rose Street, Armadale. The most recent email refers to building foundation issues in relation to a property in a heritage overlay.

Correspondence in relation to the Armadale Station precinct development:

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An email (7.2.14) opposing the proposed development on the grounds of heritage value of the precinct. The email also raises issues in relation to anti-social activities in the public areas of the Town Hall.

An email (5.2.14) expressing concern about the proposed apartment development near Armadale Railway Station on the grounds of: neighbourhood character; exacerbation of existing inadequate parking; and overcrowding of public transport.

Correspondence in relation to the Windsor Plaza beautification project:

An email (5.2.14) from a resident of Mary Street, Windsor, asking that no existing trees be removed.

An email (10.2.14) from a resident of Union Street, Windsor, in support of the project, but expressing concern that the area may encourage anti-social and criminal behaviour, especially with a 24-hour bottle shop located nearby. The email questions the need for this outlet and asks that Council ensure that Windsor Plaza be fitted with CCTV cameras linked to police stations to ensure its safety at night.

Correspondence in relation to Planning Application 0408/13 - 581-585 Toorak Road (St Peter's Church), Toorak:

An email (5.2.14) with an attached letter in support of the development.

An email (5.2.14) from a longstanding resident and parishioner in support of the development on the grounds of: provision of accommodation for older parishioners and others; the provision of necessary funds for the restoration and maintenance of St Peter’s; the inclusion of a parish hall and meeting room which will benefit the community; and practical plans which will enhance the historical significance of St Peter’s.

A letter (17.2.14) from a resident not opposing development on this site, but urging Council to consider conditions to ensure that the following issues are addressed: the sporting facilities are retained; the development respects the heritage overlay, and the historic house and church on the site; reduction of the current excessive bulk; and pedestrian safety in Dalriada Street. The letters ask that the current development be refused and a more reasonable development secured.

Correspondence in relation to Item 1.1 - 6 Ruabon Road, Toorak:

Two items of correspondence already tabled in relation to Item 1.1.

Three emails (12 & 16.2.14) from residents of Ruabon Road, Toorak, objecting on the grounds of: excessive bulk; excessive height exacerbated by the setback and lack of landscaping; streetscape issues; overlooking; and living space that appears to be an additional bedroom.

A multi-signatured letter from 17 residents of Moorhouse Street and Flete Avenue, Armadale, requesting the replacement of poplar trees in Moorhouse Street with more appropriate trees. The letter gives a range of reasons for the request including: size; damage to pipes, footpath, telephone cables and other things; and safety issues. Cr Ullin asked that Council Officers investigate this matter.

An email already tabled in relation to Item 7 - Milton Gray Scout Hall - 216 Wattletree Road, Malvern, Consultation.

An email (17.2.14) asking that one side of Soudan Street, Malvern, be designated Residential Permit Parking only due to extreme parking issues in the street.

An email (15.2.14) from the Convenor, Malvern East Group, asking Councillors to attend one of the two drop-in sessions the Glen Eira Residents’ Association is holding in relation to the MRC development across the municipal boundary from the 18 storey development recently

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approved by VCAT. The email urges Stonnington Council to lodge an objection to the proposal.

Cr Stubbs tabled the following correspondence:

A letter from the Minister for Planning, Matthew Guy MLC, advising that he has approved Amendment C190 to the Stonnington Planning Scheme which will allow, subject to conditions, the development of the Melbourne High School Gifted Education Academy and the multi-storey mixed use development at 661 Chapel Street, South Yarra. The Mayor, Cr Stubbs, noted that he would make a statement in relation to this matter under General Business.

G. Questions to Council Officers from Councillors

Cr Koce noted that he had received correspondence from a local resident asking that Stonnington Council install a community park bench in McMaster Court with a plaque acknowledging the community work of Tony Charlton who lived in McMaster Court. He was a well-known radio and TV presenter, and also cared for the court. Cr Koce asked Council Officers to test if there was support in McMaster Court for installation of the bench.

The CEO, Warren Roberts, took the question on notice.

Cr Sehr said she had a question in relation to the letter from the Minister for Planning which was tabled under correspondence. She asked if she could ask her question after the Mayor had made his statement about this issue.

The Mayor, Cr Stubbs, granted permission for Cr Sehr to ask a question at that time.

H. Tabling of Petitions and Joint Letters

Nil

I. Notices of Motion

Nil

J. Reports of Special and Other Committees

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

Social Development Advisory Committee held on 3 February 2014

Economic Development, Arts and Tourism Advisory Committee held on 3 February 2014

Council Strategic Planning Workshop held 7-9 February 2014

Councillor Briefing held on 10 February 2014

Chapel Off Chapel Advisory Board held on 12 February 2014

K. Reports of Delegates

Cr Ullin, as Glenloch Homes delegate, reported on the following:

Overview: things are going very well.

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Rose Street: the VCAT hearing will be held in two to three weeks.

Garbage Charge: originally the garbage charge at Glenloch Homes was levied on the one property and now it is on each individual property. This has led to a huge escalation in costs. Cr Ullin asked the General Manager Corporate Services, Geoff Cockram, if he could examine this situation and find some resolution.

The General Manager Corporate Services, Geoff Cockram, took the request on notice.

Cr Ullin, as MAV delegate, reported on the following:

MAV Bulletins: Cr Ullin noted that all Councillors receive copies of these reports.

Local Government Inspectorate: the Inspectorate has been given further powers.

Fire Services Levy Reforms: the State Government has introduced legislation which will reduce the FSL on over 60,000 residential rental properties and over 860 outdoor sports grounds across Victoria from 1 July 2014.

L. General Business

Before proceeding with General Business the Mayor Cr Stubbs read the following statement:

“I refer to the article that appeared in ‘The Age’ on Saturday 15 February 2014. I was surprised by the tone of the article as it did not reveal the true and complete level of injustice this Ministerial intervention has perpetrated on the Stonnington community. I can confirm that Council was only advised of the decision by the Planning Minister to approve the development, known as 661 Chapel St, on Friday 7 February. This was only after the Minister used his intervention powers under the Act to make changes to the Stonnington Planning scheme. I have some difficulty with this as I fail to see how this was done in an open and transparent way. Council was not involved in any negotiations between Melbourne High, the developer or the Planning Minister, Matthew Guy. To add to our sense of frustration my fellow councillors and I met with the Planning Minister on 5 December to discuss a range of planning matters. Council officers, the Member for Prahran, Clem Newton-Brown, and the Treasurer, Michael O’Brien, also attended. During our discussions, the Minister assured us that he had no interest in intervening on individual sites, so it is particularly disappointing that he has decided to ‘change his view’ without recourse to us, and in a manner which allows a development that is so contrary to Council’s objectives for the site. Of great concern is the requirement for the developer to provide no more than two per cent public open space contribution when the Stonnington Planning Scheme requirement is for 5 per cent. We currently have an amendment due to go to Panel to increase that to 8 per cent. It is outrageous that the Minister has approved a 2% open space contribution for this developer when open space is such a precious commodity in Stonnington.

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We have the second lowest percentage of any Victorian municipality. I argue that the Minister is taking money owed to the whole Stonnington community by his action. We only received the complete documentation concerning the amendments made to our planning scheme late on Friday, and only at Council’s continued requests. These changes, made directly by the Minister, now allow a 94 metre development. It is important to note that the original planning application was for a height of 80.5 metres (so this has now allowed an increase of 5 storeys) The Minister justified this Amendment, saying that it was required because the education centre and the student accommodation are ‘contractually and conceptually linked’ to a proposal for a 94 metre tower on a site where the preferred height limit is 38 metres. Does this mean that the developer would not release the land required to build the education centre unless he is allowed to build his tower. If true, this would break all the existing rules we have in place for the site. If true, is the developer effectively holding the Stonnington community, and you could argue, the Minister to ransom under the guise of being altruistic? It appears that the situation in short, is as follows: In exchange for selling a part of his land to the Melbourne High Foundation at cost price –let me be very clear about this, the developer appears to have received the following extremely favourable decision from the Government:

A reprieve from a costly VCAT hearing;

Approval to build a 94 metre tower where 38 metres is the preferred height; and

A 60 percent reduction in the open space contribution due to the Stonnington community. The ONLY concession the Government could argue that the developer has made in this arrangement is to give Melbourne High Foundation the option of buying the land at ‘cost price’. In exchange for that, the Planning Minister has made a decision that arguably provides a significant financial benefit for the developer at the community’s cost. If the Government considered the requirement of Melbourne High to be so important, why hasn’t it funded this activity (Melbourne High is after all a select entry State Secondary School) or acquired the land to allow Melbourne High to build its ‘Gifted Education Academy’. Of significant disappointment is the fact that Council went through a lengthy (2005 -2008), costly and transparent Planning Scheme amendment process to articulate its objectives and desired design outcomes for this site and the immediate surrounding precinct. These provisions were tested and assessed at Panel in a public environment, with Melbourne High being an active participant. They were ultimately signed off at Ministerial level. These provisions were in place and public knowledge prior to the developer purchasing the site. Despite the matter being listed for open debate and consideration at VCAT (a hearing date had been set for April), the Minister has chosen to make the decision in other than an open and transparent manner, one could say ‘behind closed doors’ with no concession to due process. It appears his decision relies on a narrow design consideration undertaken by the Victorian Government Architect Design Review Panel, which has no statutory weight and no regard for Local Planning Objectives. So whilst the Minister encourages Councils to pursue Local Planning Objectives, in this matter he seems to exempt himself from respecting and honouring them.

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What is most galling is that the Minister has been delaying signing off on other planning scheme amendments we have before him that are crucial to us delivering quality outcomes to the people of Stonnington. In one instance, this delay, which breaches his own guideline for sign-off timelines, has resulted in a most disastrous outcome for the residents of John Street East Malvern as VCAT was unable to consider Stonnington’s objectives for a neighbouring site because the amendment had not been approved by the Minister despite numerous requests! So while it takes months, and in some cases years, to sign off planning scheme amendments requested by the Council, when a developer is involved, it seems that process can be done virtually overnight! This Government was elected on a platform of transparency in planning after what it highlighted, when in Opposition were the then Labor Government’s myriad planning controversies. However, given this recent event, Stonnington residents could be forgiven for believing that nothing has changed! I stand before you tonight to give you my pledge and the pledge of this Council that we will continue to use all our resources to fight for good planning outcomes for the people of Stonnington. We are not to be disregarded or taken lightly by our State colleagues. If they are in any doubt about that I urge them to remember the Council’s Clearway campaign.”

Cr Sehr said there had been a significant reduction in the open space contribution required of developers. It has been lowered from 5% to 2%. She asked what this meant in dollar terms.

The CEO, Warren Roberts, said that, due to the complexity of the evaluation, he would take this question on notice.

Cr Ullin said it was very important that a letter go to the Premier of Victoria and local State Government representatives, including the upper house representatives. Cr Ullin emphasised that at the meeting Councillors had with the Minister for Planning, the Minister said he would not interfere in any single application. He has now done so. This needs to be emphasised very forcefully. Cr Ullin noted that the Minister refused to be involved in two other applications in Malvern and one at 590 Orrong Road. He noted that this behaviour was entirely contrary to what the Minister for Planning had said to City of Stonnington Councillors at that meeting. This created a serious breach of trust and confidence in him by the City. He noted that Council needed to do all it could to achieve good planning outcomes.

The Mayor, Cr Stubbs, said his letter would be forthright.

1. Planning Applications

1.1 PLANNING APPLICATION 0454/12 - 6 RUABON ROAD, TOORAK – CONSTRUCTION OF A MULTI-DWELLING

DEVELOPMENT AND REDUCTION IN THE CAR PARKING REQUIREMENTS IN A RESIDENTIAL 1 ZONE

MOTION: MOVED CR KOCE SECONDED CR KLISARIS

That a Notice of Decision to Grant a Planning Permit No: 454/12 for the land located at 6 Ruabon Road, Toorak be issued under the Stonnington Planning Scheme for the construction of a multi dwelling development in a Residential 1 Zone and associated reduction in the car parking requirements subject to the following conditions:

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1. Before the commencement of the development, three (3) copies of plans drawn

to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the development plans date stamped 28 December 2013 and 10 January 2014, Tree Management Plan prepared by Galbraith and Associates, date stamped 1 November 2012, Sustainable Design Assessment prepared by EnergyLab, Council date stamped 26 June 2013, but modified to show:

a) Annotations and/ or a revised material and finishes schedule that confirm that all east facing habitable room windows at first and second floor levels to Unit 1 and Unit 3 are obscure glass up to 1.7 metres above finished floor level and have a maximum transparency of 25 per cent in accordance with Standard B22 of Clause 55 of the Stonnington Planning Scheme.

b) First floor east facing kitchen window to Unit 1 to incorporate fixed obscure glazing up to 1.7 metres above finished floor level in accordance with Standard B22 of Clause 55 of the Stonnington Planning Scheme.

c) Ground and first floor eastern walls for Unit 3 be setback from the eastern boundary in accordance with Standard B17 of Clause 55 of the Stonnington Planning Scheme. This may be achieved through a combination of increasing the side setbacks, reduction in wall heights and reduction in internal ceiling heights.

d) Provision of storage areas to Unit 1, Unit 2 and Unit 3 in accordance with Standard B30 of Clause 55 of the Stonnington Planning Scheme.

e) Proposed West Elevation amended to delete annotation ‘max 3.6m on boundary’.

f) Any changes as required by landscape plan in accordance with Condition 3.

g) Any change as required by the Tree Management Plan in accordance with condition 5.

h) Changes to the plans so as to be consistent with the Sustainable Design Assessment and Water Sensitive Urban Design Response in accordance with Condition 6 including:

- i. Roof plans confirming drainage area and connection to rainwater tanks.

- ii. Rainwater tanks annotated to confirm connection to internal toilets/irrigation.

- iii. Clarification with regard to ‘400d’ north facing window to bedroom 2 of Unit 3.

i) Deletion of the second floor of units 1 and 2.

all to the satisfaction of the Responsible Authority. 2. The development must be in accordance with the endorsed plans unless

otherwise agreed in writing by the Responsible Authority. 3. Concurrent with the endorsement of development plans, 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 and three copies must be provided. The landscape plan must show:

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a) A survey (including botanical names) of all existing vegetation to be removed.

b) Building and trees (including botanical names) on neighbouring properties within three metres of the boundary.

c) Details of surface finishes of pathways and driveways.

d) A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant.

4. Before the occupation of the development, the landscaping works as shown on

the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority. Landscaping must then be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.

5. Concurrent with the endorsement of development plans, a Tree Management

Plan prepared by a suitably qualified arborist (similar to the Tree Management Plan prepared by Galbraith and Associates, date stamped 1 November 2012, but amended to correctly refer to the proposal for two three storey dwellings (at the front) and two, two storey dwellings (at the rear)) must be submitted to and approved by the Responsible Authority. When approved, the tree management plan will form part of this permit and all works must be done in accordance with the tree management plan. The tree management plan must detail measures to protect and ensure the viability of the White Poplar (Populus alba) tree located in the rear setback and the Liquidamber (Liquidambar styraciflua) located within the front setback.

Pre-construction works and any root cutting must be inspected and approved by the Parks Unit. Removal of protection works and cessation of the tree management plan must be authorised by the Parks Unit.

6. Concurrent with the endorsement of development plans, A Sustainable Design

Assessment Report and STORM report (similar to the Sustainable Design Assessment Report prepared by EnergyLab, dated stamped 26 June 2013, but amended to correctly refer to the proposal for two three storey dwellings (at the front) and two, two storey dwellings (at the rear)) must be submitted to and approved by the Responsible Authority.

7. Prior to the development commencing, 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. The drainage must be constructed in accordance with the Engineer’s design.

8. Prior to the occupation of the building, all screening devices designed to limit

overlooking hereby approved must be fixed to a height of at least 1.7m and have no more than 25% openings or an alternative to the satisfaction of the Responsible Authority. The screens must be designed and coloured to blend in with the development to the satisfaction of the Responsible Authority.

9. Prior to the occupation of the building, the walls on the boundary must be

cleaned and finished to the satisfaction of the Responsible Authority.

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10. 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.

11. 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.

12. The level of the right of way and any footpaths must not be lowered or altered in

any way to facilitate access to the site. 13. The project must incorporate the Water Sensitive Urban Design initiatives

detailed in the endorsed site plan and/or stormwater management report. 14. The collection of wastes and recyclables from the premises (other than normal

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

15. 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.

NOTE: This permit does not constitute any authority to carry out any building works or occupy the building or part of the building unless all relevant building permits are obtained.

The owners and occupiers of the dwelling/s hereby approved are not eligible to receive “Resident Parking Permits”. 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. Nothing in this permit hereby issued shall be construed to allow the removal of, damage to or pruning of a significant tree (including the roots) without the further written approval of Council. “Significant tree” means a tree:

a) with a trunk circumference of 180 centimetres or greater measured at its base; or

b) with a trunk circumference of 140 centimetres or greater measured at 1.5 metres above its base; or

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c) listed on the Significant Tree Register.

Please contact the Council Arborists on 8290 1333 to ascertain if permission is required for tree removal or pruning or for further information and protection of trees during construction works. 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.

Carried

1.2 PLANNING PERMIT 0654/03 - 19 YARRADALE ROAD, TOORAK - S72 AMENDMENT TO

APPROVED PLANNING PERMIT AND PLANS COMPRISING FURTHER BUILDINGS AND

WORKS AND DELETION OF CONDITIONS

MOTION: MOVED CR CHANDLER SECONDED CR DAVIE That Planning Permit No: 654/03 be amended for buildings and works to a dwelling on a lot in a Significant Landscape Overlay and Land Subject to Inundation Overlay at the land located at 19 Yarradale Road, Toorak, subject to the following amendments to the permit: Plans to be amended as follows:

Sub-floor level

Changes to the building envelope of the sub-floor level. The sub-floor level includes an “open area/tennis storage” area, a

“pool cavity” and a “pool filter” with a finished floor of 4.09m to Australian Height Datum (AHD).

A verandah to the north of the “open area/tennis storage” area. Modifications to the stairs to the north-west of the “open area/tennis

storage” area. A new feature pond between the “pool cavity” and “pool filter”, which

has a width of 2.82m.

Ground floor

Construction of colonnades and entablatures adjacent to the north, east and south perimeters of the pool.

Construction of a change room to the southeast of the pool bar. Addition of a staircase to the west elevation. Changes to the internal layout.

First floor

Extension to the garage in the front setback, which was permitted by Permit No. 228/09.

Construction of colonnades and entablatures along the edge of the rooftop terrace.

Enclosure of the west elevation of the rooftop terrace with a brick wall.

Second floor Installation of two windows along the north elevation of the second

floor.

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Rear setback

Construction of a colonnade and entablature structure along a section of the eastern and western boundary of the subject site. The colonnade and entablature structure has a height of 3.55m above the ground level.

Construction of a garden shed along the western boundary, with a setback of 10.2m from the riverbank. The garden shed has a length of 6.62m, a width of 4.42m, and a maximum height of 3.33m. The garden shed is 380mm above natural ground level.

Construction of a canoe shed adjacent to the north-eastern corner of the subject site, approximately 6m south of the riverbank. The canoe shed has a length of 8.15m, a width between 5.36m and 7.45m, and a height of approximately 3.3m above ground level. The canoe shed is unclosed along the north, south and west elevations.

Construction of a cabana in the north-east corner together with an in-ground trampoline and decking.

Permit Preamble be amended as follows:

- Buildings and works to a dwelling on a lot in a Significant Landscape Overlay and Land Subject to Inundation Overlay

Permit conditions be amended as follows:

- Deletion of condition 6. - Deletion of condition 7. - Inclusion of Melbourne Water’s conditions. - Inclusion of a new condition that requires the submission of updated sub-floor,

ground floor, first floor and second floor plans that show the changes to the outbuildings and the colonnades and entablatures in the rear setback in accordance with Drawing No. Sheet 1 dated 29 January 2014.

- Inclusion of a new condition that requires the submission of a sub-floor level plan that shows the room is completely sealed with no external doors, openings or vents below 7.85m to AHD.

- Inclusion of a new condition that requires the landscape plan be amended to show the amended garden shed in accordance with the plans that Council date stamped 29 January 2014 and all trees be installed in a pot size of 45L and the Acacia melanoxylon (Blackwood) & Myrsine howittiana (Muttonwood) be installed in 15cm pots.

- Inclusion of a new condition that requires the proposed east elevation be updated to show the amended garden shed.

- Modifications of the expiry date condition. - Renumbering of the existing conditions.

A full set of the proposed permit conditions is contained in Appendix 1 of this report. 1. Before the commencement of the development, three (3) copies of plans drawn to

scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the plans Council date stamped 24 December 2013 and 29 January 2014 but modified to show:

a) Updated sub-floor, ground floor, first floor and second floor plans that show the

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changes to the outbuildings and the colonnades and entablatures in the rear setback in accordance with the site plan (Drawing No. Sheet 1, dated 29 January 2014).

b) The sub-floor plan be updated to show the room is completely sealed with no external doors, openings or vents below 7.85m to AHD as per Melbourne Water’s letter No. 50881, dated 11 September 2013.

c) Proposed east elevation be updated to show changes to the garden shed in accordance with the garden shed plan (Drawing No. Sheet 4, dated 29 January 2014).

All to the satisfaction of the Responsible Authority.

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

3. 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 generally in accordance with the landscape plan (Project #13392, Drawing #16, dated 19 December 2013) Council dated stamped 24 December 2013 but modified to show:

a) Changes to the garden shed in accordance with the garden shed plan (Drawing No. Sheet 4, dated 29 January 2014).

b) All trees be installed in a pot size of 45L. c) The Acacia melanoxylon (Blackwood) and Myrsine howittiana (Muttonwood) be

installed in 15cm pots. All to the satisfaction of the Responsible Authority.

4. Before the occupation of the development, the landscaping works as shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority. Landscaping must then be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.

Melbourne Water Conditions 5. No polluted and / or sediment laden runoff is to be discharged directly or indirectly

into Melbourne Water's drains or watercourses.

6. Prior to the commencement of works, an agreement pursuant to Section 173 of the Planning and Environment Act 1987 must be entered into with the Responsible Authority and Melbourne Water. All reasonable costs associated with the preparation of the Agreement must be borne by the owner. The agreement must be registered on the title of the Land and must provide, to the satisfaction of the Responsible Authority and Melbourne Water, that:

(a) The owner acknowledges and will inform prospective and future owners of the

subject land that:

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(i) The subject land may be subject to flooding; (ii) The 'pool filter' and 'pool cavity' rooms have been constructed with

finished floor levels below flood level, at approximately 4.0m to AHD; (iii) The canoe storage shed is to remain partially 'open' on three sides for the

life of the structure; (iv) The finished floor level of the canoe shed and garden shed are at 3.45m to

AHD, which is below the applicable 1 in 100 year flood level of 7.25m to AHD;

(v) The shed is constructed with the use of flood resistant materials; (vi) Hazardous/toxic chemicals must not be stored in the sheds below flood

level; and (vii) The tennis room has been constructed below flood level and must remain

sealed with no external doors, openings or vents below 7.85m to AHD.

End of Melbourne Water Conditions 7. 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.


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. At the permit issue date, Section 69 of the Planning and Environment Act 1987 stated that the Responsible Authority may extend the periods referred to if a request is made in writing within the following timeframes:

1) Before or within 6 months after the permit expiry date, where the development allowed by the permit has not yet started; and

2) Within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires.

iii. Nothing in this permit hereby issued shall be construed to allow the removal of, damage to or pruning of a significant tree (including the roots) without the further written approval of Council.

“Significant tree” means a tree:

a) with a trunk circumference of 180 centimeters or greater measured at its base; or

b) with a trunk circumference of 140 centimeters or greater measured at 1.5 metres above its base; or

c) listed on the Significant Tree Register.

Please contact the Council Arborists on 8290 1333 to ascertain if permission is required for tree removal or pruning or for further information and protection of trees during construction works.

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iv. The applicable flood level for the property is 7.25 metres to Australia Height

Datum.

v. For further information, and to initiate the preparation of the Agreement please contract Melbourne Water’s Land Development team on 9679 7517.

Carried

1.3 PLANNING APPLICATION 0149/13 - 1043 DANDENONG ROAD, MALVERN EAST - USE AND

DEVELOPMENT OF THE LAND FOR A MEDICAL CENTRE IN A RESIDENTIAL 1 ZONE AND

ASSOCIATED BUSINESS IDENTIFICATION SIGNAGE, CAR PARKING DISPENSATION AND

CREATION OF ACCESS TO A ROAD IN A ROAD ZONE, CATEGORY 1

MOTION: MOVED CR MCMORROW SECONDED CR DAVIE That a Notice of Decision to Grant a Planning Permit No: 149/13 for the land located at 1043 Dandenong Road, Malvern East be issued under the Stonnington Planning Scheme for use and development of the land for a medical centre in a Residential 1 Zone and associated business identification signage, car parking dispensation and creation of access to a road in a Road Zone, Category 1 subject to the following conditions:

1. Before the commencement of the development/use, three (3) copies of plans drawn to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the plans advertised in June 2013 but modified to show:

a) The three (3) parking spaces (excluding the disabled car parking) at the rear

of the subject site are designated to the practitioners/staff. b) Advertisement area of the sign facing Dandenong Road (marked as ‘S2’) be

reduced to a maximum of 0.5sqm. c) Deletion of the sign facing Wilmot Street (marked as ‘S1’). d) A pedestrian path along the western boundary of the site that links the

parking spaces in the front setback with the entry of the reception at the rear.

e) Dimensions of the crossovers in accordance with Council’s Vehicle Crossing Policy.

f) Any changes as required by the landscape plan in accordance with condition 7.

All to the satisfaction of the Responsible Authority.

2. The plans endorsed to accompany the permit must not be amended without the written consent of the Responsible Authority.

3. The use hereby permitted may only operate with a maximum of three (3)

medical practitioners at any one time. Unless otherwise permitted in writing by the Responsible Authority, any medical practitioner operating from the medical centre must at all times be a specialist medical practitioner, seeing patients by appointment only.

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4. The use hereby permitted may only operate only between the following hours:

9:00am and 7:00pm, Mondays to Fridays 10:00am and 6:00pm, Saturdays and Sundays

5. Prior to the commencement of use, the car spaces hereby approved must be

made available and used by customers and staff of the proposed medical centre at all times. Four (4) of the spaces must be provided to practitioners and staff, and the remaining three (3) spaces must be provided to patients. No fees may be imposed for the use of the spaces to the satisfaction of the Responsible Authority.

6. Concurrent with the endorsement of development plans, 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 and three copies must be provided. The landscape plan must show:

a) A survey (including botanical names) of all existing vegetation to be

retained and/or removed. b) Buildings and trees (including botanical names) on neighbouring properties

within three metres of the boundary. c) Details of surface finishes of pathways and driveways. d) A schedule of all proposed trees, shrubs, ground covers and vines, which

will include the location, number, size at the time of planting, height and spread at maturity of all plants, the botanical names of such plants and the location of all areas to be covered by grass, lawn or other surface material as specified.

e) The extent of any cut, fill, embankments or retaining walls associated with the landscape treatment of the site.

f) Details of all proposed hard surface materials including pathways, patio or decked areas.

7. Before the use starts, the landscaping works as shown on the endorsed plans

must be carried out and completed to the satisfaction of the Responsible Authority. Landscaping must then be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.

8. 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.

9. The location and details of the signs, including those of the supporting

structure, must be in accordance with the endorsed plans, unless otherwise agreed in writing by the Responsible Authority.

10. The signs must be maintained to the satisfaction of the Responsible Authority.

11. The signs must not contain any flashing or moving light.

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12. The signs must not be illuminated by external or internal light.

13. This permit, as it relates to signage, expires 15 years from the permit issue date.

14. 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.

15. 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.

16. The collection of wastes and recyclables from the premises (other than normal

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

17. The 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 commencement

of works. c) The use is not commenced within five years of the date of this permit. d) The use is discontinued for a period of two years or more. e) The sign is not erected within two years of the date of this permit.


NOTES

a) This permit is for the use of the land and/or buildings and 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.

b) Unless a permit is not required under the Stonnington Planning Scheme, signs

must not be constructed or displayed without a further planning permit.

c) The crossover must be constructed to Council’s Standard Vehicle Crossover Guidelines unless otherwise approved by the Responsible Authority.

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.

Carried

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1.4 PLANNING APPLICATION 0177/13 - 59 PORTER STREET, PRAHRAN – REDEVELOPMENT OF

THE SITE WITH A SEVEN STOREY APARTMENT BUILDING WITH A SHOP / OFFICE AND CAR

PARKING AT THE GROUND FLOOR

MOTION: MOVED CR HIBBINS SECONDED CR SEHR That Notice of Decision to Grant a Planning Permit No: 177/13 for the land located at 59 Porter Street, Prahran be issued under the Stonnington Planning Scheme for use and development of the land for a multi storey building to contain dwellings and a shop / office, a reduction in the standard parking requirements of Clause 52.06 and a waiver of the loading bay requirements of Clause 52.07 subject to the following conditions:

1. Before the commencement of the development, three (3) copies of plans drawn to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the application plans but modified to show:

a) The specific treatment of the visible sections of the north and south

elevation to be clarified and, where applicable, shown on the elevations. b) The dimension of the access way in the location of the garage door. c) The dimension of the lowest point of clearance along the access way and

at the garage door. d) Sight distances to pedestrians at the entry. e) The vehicular crossing. f) The bicycle parking spaces and their access way dimensioned and

relevant manufacturing specifications. g) A ground floor longitudinal section extending from the parking floor to at

least the centre of Porter Street. h) Means of securing the resident’s bicycle parking area. i) The use of glazing on the ground level facade of the building increased by

at least 20% or to the satisfaction of the Responsible Authority. j) The roof top equipment to be finished with a more recessive treatment

and / or colour. k) The east and west elevations modified to include the clerestory windows. l) The east elevation modified to remove the word “balustrade” in relation to

the Second Floor Plan level of Apartment 1.03 and window screening applied to this window (in accordance with Condition 10).

m) The north wing wall outside the Second Floor Plan level of Apartment 1.03 continued along the north boundary to match the elevations.

n) The development fully abutting all title boundaries. o) Storage size confirmed and if necessary increased to a minimum of 3

cubic metres. p) One car parking spaces allocated to the commercial tenancy. q) Replace of the word “commercial” in respect to the ground floor tenancy

to “shop or office”. r) A roof plan. s) Correction of the building levels. t) Reduction in the maximum height of the plant by 1.2 metres. u) Increase the minimum size of the residential stores to 3 cubic metres. v) The provision of a residential visitor bicycle parking space located and

dimensioned to the satisfaction of the Responsible Authority.

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w) All mechanical plant and equipment. This equipment is to be fully screened including to the north.

x) Schedule of construction materials, external finishes and colours. y) An amended Landscape Plan as per Condition 3, Waste Management Plan

as per Condition 4, a Sustainability Management Plan as per Condition 5 a boundary plan or application survey in accordance with Condition 8.

2. The development must be in accordance with the endorsed plans unless otherwise agreed in writing by the Responsible Authority.

3. Concurrent with the endorsement of plans, 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 generally in accordance with the landscape plan prepared by Hansen (LCD-001 A) and submitted with the application but modified to show:

a) The means of irrigation. Specifically, rooftop drainage connected to the planter boxes to ensure ongoing viability of the vegetation or an alternative means to the satisfaction of the Responsible Authority.

4. Concurrent with the endorsement of plans, a Waste Management Plan must be

submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. Waste collection from the development must be in accordance with the plan, to the satisfaction of the Responsible Authority. The Waste Management Plan must be generally in accordance with the WMP prepared by Leigh Design Pty Ltd (dated 23 January 2013) by modified to show:

a) Contingency procedures on how incidents of inappropriate waste storage (or aggregation) within the development will be satisfactorily addressed and resolved.

b) A reliable proposition of waste bin presentation for collection to the satisfaction of the Responsible Authority.

5. Concurrent with the endorsement of any plans, 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) Identify relevant statutory obligations, strategic or other documented sustainability targets or performance standards

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

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management, maintenance and monitoring. e) Demonstrate that the design elements, technologies and operational

practices that comprise the SMP can be maintained over time. f) Vegetation irrigation in accordance with Condition 3(a). g) The assumptions and recommendations contained in the Daylight

Investigations report prepared by Ark Resources dated 6 December 2013 (Issue C).

6. 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.

7. Prior to the occupation of the development 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.

8. Concurrent with the endorsement of plans, either a boundary plan under Section 26 of the Subdivision Act, or an application survey under either Section 99, 103 or 60 of the Transfer of Land Act (as appropriate) must be lodged at Land Registry and Registered by Land Victoria. Any amendments to the boundaries required must be reflected in the development plans.

9. Prior to the occupation of the building, privacy screens designed to limit overlooking as required in accordance with the endorsed plans must be installed to the satisfaction of the Responsible Authority and maintained to the satisfaction of the Responsible Authority thereafter for the life of the building.

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

designed to limit overlooking as required by Standard B22 of Clause 55.04-6 in accordance with the endorsed plans must be installed to the satisfaction of the Responsible Authority and maintained to the satisfaction of the Responsible Authority thereafter for the life of the building.

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

screened so as not to be visible from any of the surrounding footpaths and adjoining properties (including from above) and shall be baffled so as to minimise the emission of unreasonable noise to the environment in accordance with Section 48A of the Environment Protection Act 1970 to the satisfaction of the Responsible Authority

12. The use and development must be managed so that the amenity of the area is

not detrimentally affected through the:

a) Transport of materials, goods or commodities to or from the land. b) Appearance of any building, works or materials. c) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour,

steam, soot, ash, dust, waste water, waste products, grit or oil.

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d) Presence of vermin. 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.

14. The level of the footpaths and laneways must not be lowered or altered in any

way to facilitate access to the site or for any other reason.

15. Prior to the occupation of the building, the walls on the boundary of the adjoining properties must be cleaned and finished to the satisfaction of the responsible authority.

16. The crossover must be constructed to Council’s Standard Vehicle Crossover

Guidelines unless otherwise approved by the Responsible Authority.

17. Before the development starts, a report for the legal point of discharge must be obtained from Council. A drainage design for the development must be prepared by a suitably qualified Engineer in accordance with the report prior to a building permit being issued.

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

a) The development is not started within two years of the date of this permit. b) The development is not completed within four years of the date of this

permit. The Responsible Authority may extend the periods referred to if a request is made in writing 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


NOTES: The owners and occupiers of the dwelling/s hereby approved are not eligible to receive “Resident Parking Permits”. 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.

Carried

Having declared a Direct Conflict of Interest in relation to Item 1.5 – 1341 Dandenong Road, Malvern East – Chadstone Shopping Centre – Stage 4, Cr Davie left the chamber at 7.32pm prior to discussion of this item.

Having declared an Indirect Conflict of Interest - Close Association, in relation to Item 1.5 – 1341 Dandenong Road, Malvern East – Chadstone Shopping Centre – Stage 4, Cr Klisaris left the chamber at 7.32pm prior to discussion of this item.

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1.5 PLANNING PERMIT 0905/12 – 1341 DANDENONG ROAD, MALVERN EAST – CHADSTONE

SHOPPING CENTRE – STAGE 4 - AMENDMENT TO APPROVED PLANNING PERMIT FOR

CHANGES TO THE PERMIT CONDITIONS TO ALLOW FOR STAGING OF THE OFFICE AND

HOTEL DEVELOPMENT

MOTION: MOVED CR MCMORROW SECONDED CR STUBBS That an Amended Planning Permit No: 905/12 for the land located at 1341 Dandenong Road, Malvern East be issued under the Stonnington Planning Scheme for buildings and works to construct an office building and residential hotel, use of the land for a Residential Hotel, a reduction of the car parking requirement required by the Planning Scheme, and alterations of access to the Road Zone Category 1 subject to the following conditions: 1. Before the commencement of the development, three (3) copies of plans drawn to

scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the plans substituted by VCAT, prepared by Bates Smart but modified to show:

a) All shared paths in accordance with the plan details included within the endorsed Integrated Transport and Access Plan (ITAP) including detailed design of the paths as they relate to this development for approval by the Responsible Authority;

b) A schedule of construction materials, external finishes and colour;

c) Any changes as required by conditions 15, 19, 22 and 33;

d) Any changes to the design of the Porte Cochere access driveway considered necessary following an analysis of whether or not bus movements using the access driveway are likely to result in a sufficient level of traffic conflict with oncoming vehicles on the access driveway to warrant a reconsideration of the proposed design;

all to the satisfaction of the Responsible Authority. If development is to be staged, the above conditions should be dealt with for each stage, prior to commencement of that stage. Details of the interim arrangements to be provided to the satisfaction of the Responsible Authority.

2. The plans endorsed to accompany the permit must not be amended without the written consent of the Responsible Authority.

3. The buildings authorised by this permit must not be occupied until the shared paths shown on the endorsed plans have been completed to the satisfaction of the Responsible Authority.

4. The buildings authorised by this permit must not be occupied until all poles, service pits or other structures/features on the footpath required to be relocated to facilitate the development are relocated at the cost of the owner and subject to the relevant authority's consent.

5. Any Major Traffic Control Items, as defined in the Victorian Road Rules, proposed

to be installed must be accompanied by an appropriate Memorandum of Consent

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from VicRoads, prior to the use of the new roads and car parks allowed by this permit unless a devolution agreement has been entered into between VicRoads and the applicant or its representative.

6. A report for the legal point of discharge must be obtained from the responsible

authority and a drainage design for the development must be prepared by a suitably qualified Engineer in accordance with that report prior to construction commencing. The drainage must be constructed in accordance with the Engineer's design.

7. External lighting must be designed, baffled and located so as to prevent any

unreasonable adverse effect on adjoining land to the satisfaction of the Responsible Authority.

8. The development must be provided with external lighting capable of illuminating

access to each car parking space, bicycle parking space, store, refuse areas, pedestrian walkways, stairwells and lifts to the satisfaction of the Responsible Authority. Lighting must be located, directed, shielded and of limited intensity so that no nuisance or loss of amenity is caused to any person within and beyond the site, to the satisfaction of the Responsible Authority.

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

screened to the satisfaction of the Responsible Authority so as not to be visible from any of the surrounding footpaths and adjoining properties (including from above) and shall be baffled so as to minimise the emission of unreasonable noise to the environment in accordance with Section 48A of the Environment Protection Act 1970 to the satisfaction of the Responsible Authority.

10. Prior to occupation of each stage, access for persons with disabilities must be

provided in compliance with the Disability Discrimination Act 1992 and such access must be maintained at all times the building is occupied or in use.

11. The loading and unloading of vehicles and the delivery of goods to and from the

premises must at all times be conducted entirely within the site and in a manner that limits interference with other vehicular traffic to the satisfaction of the Responsible Authority.

Incorporated Plan Conditions 12. Prior to the closure of any existing bus bays or prior to the occupation of any

additional shop floor area above 146,000 square metres and other floor area up to 65,000 square metres, whichever occurs first, the following works must be completed to the satisfaction of the Responsible Authority in consultation with the Roads Corporation and Public Transport Victoria as appropriate, and at the owner's cost:

a) The new centralised bus interchange (generally in accordance with the

Chadstone Shopping Centre Bus Interchange Works Concept Design, drawing number 12M1001005-102P3 prepared by GTA Consultants but subject to the preparation of detailed construction plans);

b) Creation of an additional dedicated left turn slip lane at the Princes Highway

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Eastern Access (generally in accordance with Chadstone Shopping Centre Bus Interchange Works Concept Design, drawing number 12M1001005-107P1 prepared by GTA Consultants but subject to the preparation of detailed construction plans);

c) Creation of a bus queue jump lane on Princes Highway eastbound at the

intersection with Chadstone Road and Poath Road (generally in accordance with Chadstone Activities Area Princes Highway/Poath Road/Chadstone Road Concept Layout Plan, drawing number 12M1001005-103P3 prepared by GTA Consultants but subject to the preparation of detailed construction plans).

13. Prior to the occupation of any of the new or redeveloped floor area where the

amount of shop floor area will increase above 146,000 square metres or other floor area above 65,000 square metres, the following works must be completed to the satisfaction of the Responsible Authority and the Roads Corporation:

a) Completion of traffic management and roadworks to the Princes

Highway "Central Access" (generally in accordance with Chadstone Activities Area. Princes Highway/Proposed Access Concept Layout Plan, Drawing Number 12M1001005- 1 06P3 prepared by GTA Consultants but subject to the preparation of detailed construction plans);

b) Modification of the intersection of Princes Highway and Warrigal Road to

provide a second right turn lane from south to east generally in accordance with drawing number 12M1001005-108P1 prepared by GTA Consultants;

c) An extension to the right-turn lane from Waverley Road into Chadstone

Road and associated signal hardware modifications (generally in accordance with drawing number 12M1001005-104P3 prepared by GTA Consultants but subject to the preparation of detailed construction plans);

d) The installation of CCTV camera systems at the Warrigal Road/Middle

Road Intersection and the Poath Road/Chadstone Road/Princes Highway Intersection;

e) Provision of a dedicated left turn lane into Middle Road on the

northbound carriageway of Warrigal Road (generally in accordance with drawing number 13732015 prepared by O'Brien Traffic but subject to the preparation of detailed construction plans);

f) Modification of the intersection of Princes Highway and Warrigal Road to

provide a third right turn lane in Princes Highway from west to east (generally in accordance with drawing number13732019 prepared by O'Brien Traffic but subject to the preparation of detailed construction plans).

The works may be implemented in accordance with a Staging Plan approved by the responsible authority.

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14. The Chadstone Road entrance is to be closed between midnight and 6.00am, except on ten (10) days every year. The operation of the entrance is to allow for efficient access during extended trading over the Christmas period and for special trading events. It is a requirement that the specific dates and times when the entrance is to be left open are advised to the occupiers of properties in Chadstone Road, at least one month prior to the first of these special trading days, in each year.

Sustainability Management Plan 15. Concurrent with the endorsement of the plans, a Sustainability Management

Plan prepared by a suitably qualified person must be submitted and approved by the Responsible Authority for each stage of the development. When approved, the plan(s) will be endorsed and will form part of the permit. The plan(s) must address the requirements of the Ecologically Sustainable Development (ESD) Framework approved by Council on 25 January 2013, to the satisfaction of the Responsible Authority.

16. The Sustainability Management Plan must be implemented to the satisfaction of

the Responsible Authority. No alterations may be made without the prior written approval of the Responsible Authority.

17. Prior to the occupation of each of the buildings approved under this permit, a

report from the author of the Sustainability Management Plan (SMP) approved pursuant to this permit, or similarly qualified person or company, must be submitted to the Responsible Authority.

The report must be to the satisfaction of the Responsible Authority and must confirm that all measures specified in the SMP have been implemented in accordance with the approved plan.

Water Sensitive Urban Design 18. Concurrent with the endorsement of plans for each stage, the applicant must

provide a Water Sensitive Urban Design Response addressing the Application Requirements of the draft Stormwater Management (Water Sensitive Urban Design) Policy to the satisfaction of the Responsible Authority.

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

detailed in the endorsed site plan and/or stormwater management report. Car Parking Management 20. Prior to the occupation of the hotel or office the permit holder must execute and

file with the responsible authority a Memorandum of Understanding for Car Parking Management (MOU) which shall include the overarching principles set out in the MOU, VCAT Issue Dated 6 November 2013, and otherwise be generally in accordance with that MOU but modified to include a specification of the legal person responsible for car parking management for the purposes of the MOU.

The overarching principles in the MOU must be implemented and carried out in

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respect of the basement car park to the satisfaction of the responsible authority.

21. Before the occupation of either the hotel or office, 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) Surfaced with an all-weather sealcoat to the satisfaction of the Responsible Authority;

d) Drained and maintained to the satisfaction of the Responsible Authority;

e) 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.

Landscape Plan 22. Concurrent with the endorsement of the plans, 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 and three copies must be provided. The landscape plan must be generally in accordance with the Landscape Concept Plans prepared by Formium Landscape Architects, Drawings LC1 Rev D, LC2 Rev C, LC3 Rev D, LC4 Rev D and Council date stamped 21 February 2013, but if necessary modified to show:

a) that the landscape does not unduly obstruct a visual connection between the Princes Highway footpath and the interior of the hotel building at ground floor level;

b) any variations to landscaping that may result from the changes required by condition 1; and

(c) any interim landscaping to be undertaken if the development is staged.

23. Before the occupation of either the hotel or office, the landscaping works as

shown on the endorsed plans for that stage 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.

Acoustic conditions 24. An acoustic report is to be provided to the Responsible Authority within 3

months of the commencement of the use. The report must assess mechanical plant and music noise emissions from Stage 4 on at least two separate occasions (at least one being just prior to midnight during the normal working

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week) and demonstrate compliance with the Noise Limits under SEPP N-1 and SEPP N-2. If any exceedance is detected, the report must include remedial recommendations for approval by the Responsible Authority. The measurements must be conducted near the closest residential receiver.

25. Noise emanating from the subject land must 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-1, to the satisfaction of the Responsible Authority. Any works required to ensure and maintain the noise levels in compliance with this policy must be completed prior to the commencement of the use or occupation of the site and maintained thereafter, all to the satisfaction of the Responsible Authority.

26. Noise emanating from the subject land must comply with State Environment

Protection Policy (Control of Music Noise from Public Premises) No. N-2, to the satisfaction of the Responsible Authority. Any works required to ensure and maintain the noise levels from the areas used for functions are in compliance with this policy must be completed prior to the commencement of the use or occupation of the site and maintained.

27. Except with the further consent of the responsible authority the permitted

conference & function centre must only operate between 6.00am and 1.00am the following day.

Public Transport Victoria Conditions 28. The permit holder must take all reasonable steps to ensure that disruption to

bus operations is kept to a minimum during construction. Foreseen disruptions to bus operations must be communicated with mitigation measures to Public Transport Victoria and bus operators one (1) week prior.

29. Unless with the written approval of the Responsible Authority, prior to the

occupation of the development approved by this permit the recommendations must be implemented as set out in the approved Integrated Transport and Access Plan required by the Chadstone Shopping Centre Incorporated Plan 2012 (Clause 3.4 to Schedule 2 Incorporated Plan Overlay Stonnington Planning Scheme).

VicRoads Conditions 30. Before the permitted use of the basement car park commences the following

road work must be completed at no cost to and to the satisfaction of VicRoads:

Construction of the Prices Highway / Middle Access Road signalised intersection generally in accordance with functional layout prepared by GTA Consultants, drawing number: 12M1001200-12-03 Issue P4 dated 19 June 2012 (date of revision 9 November 2012).

31. Before the commencement of any road works required by VicRoads under this permit, a detailed engineering design generally in accordance with the accepted functional layout plan and a design stage road safety audit must be prepared to the satisfaction of VicRoads.

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32. The preparation of the detailed engineering design and the construction and

completion of all work must be undertaken in a manner consistent with current VicRoads' policy, procedures and standards and at no cost to VicRoads. In order to meet VicRoads' requirements for these tasks the applicant will be required to comply with the requirements documented as "Standard Requirements - Developer Funded Projects" and any other requirements considered necessary depending on the nature of the work.

Waste Management Plan 33. Prior to construction commencing, for any approved stage, a Waste

Management Plan must be submitted to and approved by the Responsible Authority. The Waste Management Plan must include:

a) Dimensions of waste areas;

b) The number of bins to be provided;

c) Method of waste and recyclables collection;

d) Hours of waste and recyclables collection;

e) Method of presentation of bins for waste collection;

f) Sufficient headroom within the basement to allow the passage of waste collection vehicles;

g) Sufficient turning circles for the waste collection vehicles to drive out in forward gear from within the basement;

h) Strategies for how the generation of waste and recyclables from the development will be minimised;

When approved, the plan will be endorsed and will then form part of the permit. Waste collection from the development must be in accordance with the plan, to the satisfaction of the Responsible Authority

Construction Management Plan 34. Prior to the commencement of any buildings and works for each stage, a

Construction Management Plan (CMP) for each stage must be submitted to the satisfaction of the Responsible Authority for endorsement. The CMP must include the following to the satisfaction of the Responsible Authority:

a) Staging of construction of the buildings and an indication of when completed stages are intended to be occupied;

b) Parking Plan showing where parking will be provided as stages of the development become occupied;

c) Public and worker access and safety control mechanisms to be instituted for pedestrians, cyclists and vehicles;

d) Hours of construction activity (including any proposed out-of-hours work) with details of the type of work proposed to be conducted outside

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normal hours;

e) An estimate of critical periods of construction work, such as demolition of buildings, site clearance, excavation, concrete pour and deliveries of cranes, precast panels and other voluminous materials/equipment;

f) A notification process for residents in the vicinity of the subject site; advising of critical processes associated with construction of the extension;

g) Noise and vibration control and attenuation measures to be implemented for transport, construction and other activities relevant to the development;

h) The preferred location of public and workers zones, loading zones, hoisting zones and construction zones, including the location of gantries, cranes, hoists, site sheds, workers parking areas, worker's amenities, material storage areas, vehicle storage and large machinery accommodation areas;

i) Traffic Management Plan showing:

(i) Entry and exit points for construction vehicles;

(ii) Entry and exit points for workers;

(iii) Typical entry and exit timetable for workers and deliveries;

(iv) Temporary and permanent vehicle crossings; and

(v) Anticipated road closures, road occupation and footpath closures and local traffic interruptions;

j) Measures to be implemented to protect public infrastructure;

k) Waste Management Strategy for waste generated from the demolition, site preparation and construction stages of the development;

I) Environment Protection Measures that will be implemented to control pollutants produced from the site during construction such as contaminated soil, silt, sediment, concrete washes, spills on roadways, stormwater run-off, placement of rubbish skips, dust etc;

m) Monitoring and inspection program for all of the above;

n) Identification and contact details of the responsible person for managing all of the above measures, as appropriate, for the proposed development to be carried out in accordance with Construction Techniques for Sediment Pollution Control (EPA publication 275) and EPA Noise Control Guidelines (tg302/92- Guideline No 12 Construction and Demolition Site Noise); and

o) Notification process in the event that significant contamination of the land or groundwater occurs during works, such notification being provided to Council and the EPA immediately upon detection.

Expiry 35. This permit will expire if one of the following circumstances applies:

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a) The development is not started within three years of the date of this permit;

b) The development is not completed within five years of the date of this permit;

c) The use is not commenced within five years of the date of this permit;

d) The use is discontinued for a period of two years or more.

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 use

allowed by the permit has not yet started; and


Carried

Cr Klisaris and Cr Davie returned to the chamber at 7.34pm prior to discussion of Item 2 - Appointment of Authorised Officers Pursuant to the Planning and Environment Act 1987.

2 APPOINTMENT OF AUTHORISED OFFICERS PURSUANT TO THE PLANNING AND

ENVIRONMENT ACT 1987

MOTION: MOVED CR CHANDLER SECONDED CR KOCE That the attached Instrument of Authorisation pursuant to the Planning and Environment Act 1987 from Council to:

a) Georgia Kay b) Anthony Depasquale c) Ben McGeehan d) Alayna Chapman

be approved and sealed.

Carried

3 AMENDMENT C184 - PUBLIC ACQUISITION OVERLAY, PRAHRAN

MOTION: MOVED CR HIBBINS SECONDED CR DAVIE

That Council:

1. Requests the Minister for Planning to appoint a Panel Pursuant to Section 23 of the Planning and Environment Act 1987 to hear all submissions and consider the proposed Amendment C184 to the Stonnington Planning Scheme.

2. In its submission to the Panel, Council adopts a position in support of

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Amendment C184, generally in accordance with the officer’s response to the submissions as contained in this report and Attachment 2.

3. Advises the submitters to Amendment C184 of Council’s decision.

4. Refers all submissions and any late submissions to the Panel appointed to consider proposed Amendment C184.

A Division was called by Cr Sehr:

For: Crs Davie, Hibbins, Koce, McMorrow and Stubbs

Against: Crs Chandler, Sehr, Ullin and Klisaris

Absent: Nil

Carried

4 2-4 YARRA STREET, SOUTH YARRA - REQUEST TO VARY CONSTRUCTION TIMES

MOTION: MOVED CR KLISARIS SECONDED CR CHANDLER

That:

1. The conditions of the approval for the gantry over the Yarra Street carriageway, approved by Council (Item 6 CM 14 October, 2013), be amended as follows:

The gantry over the Yarra Street carriageway be permitted, subject to the following, in addition to normal road occupation permit conditions:

prior payment of $20,000 bond;

written consent from the relevant rail authority;

the completion of a Road Safety Audit both pre- and post- implementation by a qualified road safety auditor, including assessment of high volume student pedestrian access and resolution of all audit recommendations to the satisfaction of the Coordinating Road Authority (Council); and,

Council being indemnified from any loss or damage arising as a result of the construction, removal or continued occupation of the roadway;

the application for a road occupation permit during the peak periods be substantiated by evidence outlining the need for both the time and duration of the building construction works

that the operation of 2-way shuttle flow is permitted subject to there being no traffic queuing into Toorak Road south of the construction site and past Claremont Street to the north of the construction site;

that the traffic management plan be amended to the satisfaction of Chief Executive Officer to address the above conditions;

that should the above conditions not be met the Chief Executive Officer be authorised to direct the construction company to cease occupation of the roadway during the peak periods to allow normal two way traffic flow.

Carried

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5 INQUIRY INTO SOCIAL INCLUSION AND VICTORIANS WITH A DISABILITY

MOTION: MOVED CR KLISARIS SECONDED CR HIBBINS

That Council:

1. endorses the submission to the Victorian Government Inquiry into Social Inclusion and Victorians with a Disability, to be lodged by 28 February, 2014.

Carried

Having declared an Indirect Conflict of Interest - Conflict of Duty, in relation to Item 6 – Stonnington History Committee, Cr Chandler left the meeting at 8.00pm prior to discussion of Item 6.

6 STONNINGTON HISTORY COMMITTEE

MOTION: MOVED CR DAVIE SECONDED CR STUBBS

That Council:

1. Officers arrange two joint meetings each year to include the Malvern Historical

Society, the Prahran Historical and Arts Society and the Prahran Mechanics

Institute.

2. That the Councillors on the Social Development Advisory Committee will be

invited to the joint meetings and will consider the agenda and minutes.

3. That informal communication among all local historical organisations

continues on a regular basis.

PROCEDURAL MOTION: MOVED CR HIBBINS SECONDED CR KLISARIS That consideration of the Stonnington History Committee be deferred for two Council cycles to enable Council Officers to prepare a report on the possible operation of a History Committee and draft Terms of Reference.

Carried

Cr Chandler returned to the chamber at 8.09pm prior to consideration of Item 7 - Milton Gray Scout Hall - 216 Wattletree Road, Malvern, Consultation.

7 MILTON GRAY SCOUT HALL - 216 WATTLETREE ROAD, MALVERN, CONSULTATION

MOTION: MOVED CR DAVIE SECONDED CR MCMORROW

That:

1. Council notes the report.

Carried

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Other General Business

Cr Sehr raised a matter she said was of great interest to Council. She has been given a brochure by a resident of the City of Yarra which was distributed last week in relation to changes to the residential zones in the City of Yarra. The brochure explains that Yarra Council is proposing that 77% of residential land in the City of Yarra be zoned as a Neighbourhood Residential Zone and 23% as a General Residential Zone. The City of Yarra is not proposing to apply the Residential Growth Zone. Cr Sehr said that Councillors should watch this closely.

Cr Koce said an interesting article appeared recently in The Age in relation to Susan Alberti, a property owner in the City of Stonnington, who has given a $12,000 cheque to Australian sprinter, Melissa Breen. Melissa has competed in the Stonnington Gift. Cr Koce said it was very difficult for sportswomen in particular to get funding. He is proud that the City of Stonnington was providing the $15,000 first prize in the 100m Classic for Women race in the Stonnington Gift, a sum equal to the prize for males. He said that the City of Stonnington was at the forefront and it was good to see someone from Stonnington doing this charitable work. Cr Koce noted that the 2014 Stonnington Gift would take place in Toorak Park on Friday 21 February.

The Mayor, Cr Stubbs, tabled his Mayoral Report of activities undertaken from Tuesday 4 February to Monday 17 February 2014.

4 February

met with residents to discuss parking issues in High Street and surrounds

met with Director, Cabrini Hospital, to discuss general planning issues

consultation meeting held with residents and developer re 6 Hope Street, Glen Iris

6 February

Yarra Trams function – celebrate the future of Melbourne Trams

7-9 February

Strategic Planning Weekend – all Councillors and executive team

10 February

update on Windsor Plaza to respond to resident concerns

Councillor Briefing session

11 February

Anzac Commemoration 2015 Meeting

consultation meeting held with residents and developer re 1663-1665 Malvern Road

12 February

Korowa Y12 Induction Ceremony of student leaders and office bearers

13 February

De La Salle Mass and investiture of Y12 college student leaders

Combined Historical meeting (Malvern & Prahran) – Dr B Jones as speaker

14 February

Melbourne Polytechnic opening with State Government Minister and local members

contact by The Age to comment on approval by the Planning Minister of the 90 metre tower at 661 Chapel Street

15 February

Australian Malay Foundation event and dinner at Malvern Town Hall

Musical Melodies in the Park – Ardrie Park

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16 February

contacted by 3AW to comment on approval by the Planning Minister of the 90 metre tower at 661 Chapel Street

17 February

met with Project Manager of the 2-4 Yarra Street development re traffic management issues

formal Council Meeting

M. Urgent Business

Cr Ullin asked that Council move into Urgent Business in relation to a matter currently before the MAV: the withdrawal of a recommendation that the City of Melbourne gain automatic representation on the MAV board.

PROCEDURAL MOTION: MOVED CR ULLIN SECONDED CR CHANDLER

That the matter in respect to a previously proposed motion at the MAV State Council be considered an item of Urgent Business. (8.15pm)

Carried

PROCEDURAL MOTION: MOVED CR ULLIN SECONDED CR CHANDLER

That Council advises the MAV that it withdraws its support and nomination to the MAV State Council for the City of Melbourne to have automatic r on the MAV Board membership.

Carried

Cr Chandler raised the matter of 16 St Georges Road under Urgent Business, noting that Council had requested interim heritage controls on that site. Advice has just been received that this request will be refused on 18 February 2014.

PROCEDURAL MOTION: MOVED CR CHANDLER SECONDED CR SEHR

That Council:

1. requests the Executive Director of Heritage Victoria and the Heritage Council

Secretariat to exercise their powers under Section 56 of the Heritage Act to issue an

interim protection order for 16 St Georges Road, Toorak.

2. notes the heritage significance of the place at 16 St Georges Road, Toorak, and

considers a further report following investigation into the heritage precinct including 16

St Georges Road, Toorak, in the heritage overlay; and

3. advises the owner of 16 St Georges Road, Toorak, of Council’s resolution.

Carried

Cr Chandler noted that a consultative meeting was held in North Ward in the last week in relation to 1101-1103 Malvern Road, Toorak. VicRoads has denied access to this development from Malvern Road because there is a laneway at the rear, however this laneway is totally inappropriate

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for such a use. The developer would prefer front access and residents are resolved to object if rear access is granted. Cr Chandler asked that Council contact VicRoads to arrange a meeting between Council Officers and VicRoads to discuss access to this site.

PROCEDURAL MOTION: MOVED CR CHANDLER SECONDED CR KOCE

That Council Officers contact VicRoads to arrange a meeting between Council Officers and VicRoads to further discuss the access to the proposed development at 1101-1103 Malvern Road, Toorak.

Carried

Cr Klisaris asked if VicRoads had made a similar decision in other areas, changing their minds when it was challenged. She noted that anything that would strengthen Council’s case was important.

The General Manager, Planning and Development, Stuart Draffin, took the question on notice. He noted that VicRoads had been unsuccessful in holding the position of no access from main roads when this was taken to VCAT.

PROCEDURAL MOTION: MOVED CR ULLIN SECONDED CR SEHR

That Council move out of Urgent Business and resume Standing Orders. (8.28pm)

Carried

N. Confidential Business

Nil

There being no further business the meeting closed at 8.29pm..

Confirmed on Monday 3 March 2014

...................................................................................

CR ADRIAN STUBBS MAYOR

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ASSEMBLY OF COUNCILLORS RECORD

This Form MUST be completed by the attending Council Officer and returned IMMEDIATELY to Judy Hogan – Civic Support Officer

ASSEMBLY DETAILS Date: 3 February 2014 Type: Social Development Advisory Committee Time: 4.30pm – 6.00pm Assembly Location: Stonnington History Centre IN ATTENDANCE Councillors:

Cr Klisaris

Cr Davie

Cr Stubbs

Council Officers:

Connie Gibbons

Tony Oulton

Matter/s Discussed:

1. David Tuck, History Centre Team Leader, conducted a tour of the Stonnington History Centre. 2. The HHSC Dive Tower – actions taken and next steps 3. Recreation Strategy 4. Student Accommodation units sale 5. Grosvenor Occasional Care, proposed conversion to long day care 6. SDAC Meeting dates/times for 2014

CONFLICT OF INTEREST DISCLOSURES: including time left and returned to meeting Councillors:

Nil

Council Officers:

Nil

Form completed by: Loren Lawford

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This Form MUST be completed by the attending Council Officer and returned IMMEDIATELY to Judy Hogan – Civic Support Officer

ASSEMBLY DETAILS ECONOMIC DEVELOPMENT, ARTS AND TOURISM ADVISORY COMMITTEE Date: Monday 3 February 2013 Time: 4.00pm Assembly Location: Meeting Room 1, Stonnington City Centre IN ATTENDANCE Councillors:

Cr Claude Ullin

Cr John McMorrow

Council Officers:

Karen Watson, General Manager Sustainable Future

Francesca Valmorbida, Manager Economic & Cultural Development

MATTERS DISCUSSED Business Round Table Business Events Calendar 2014 Pop Up Register Grants and Sponsorship Winter Festival – Progress Update Opera in the Park Special Rated Precinct Coordinators Meeting Virgin Australia Melbourne Fashion Festival Update EDAT Terms of Reference and General Communication Retail Trader Forums – when/purpose/what more can we do? Economic Activity Centres – Update Stonnington Business Connections Stonnington Business Connections Network Prahran Town Hall Kendon Collection Other Business CONFLICT OF INTEREST DISCLOSURES: including time left and returned to meeting Councillors:

Nil

Council Officers: Nil

Form completed by: Karen Watson

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This Form MUST be completed by the attending Council Officer and returned IMMEDIATELY to Judy Hogan – Civic Support Officer ASSEMBLY DETAILS COUNCILLOR STRATEGIC PLANNING WEEKEND Date: 7 – 9 February 2014 Time: 6.30pm Friday 7 February – 2.00pm Sunday 9 February Assembly Location: Yarra Valley Lodge IN ATTENDANCE Councillors:

Mayor, Cr Adrian Stubbs Cr Sam Hibbins Cr John McMorrow

Cr Matthew Koce Cr Melina Sehr

Cr John Chandler Cr Claude Ullin

Cr Jami Klisaris Cr Erin Davie

Council Officers:

Warren Roberts Simon Thomas

Karen Watson Geoff Cockram

Connie Gibbons Melissa Rathje

Stuart Draffin Fabienne Thewlis

Matter/s Discussed Strategic Planning for the 2014 year. CONFLICT OF INTEREST DISCLOSURES: including time left and returned to meeting Councillors:

Nil

Council Officers:

Nil

Form completed by: Karen Watson

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This Form MUST be completed by the attending Council Officer and returned IMMEDIATELY to Judy Hogan – Civic Support Officer ASSEMBLY DETAILS: Date: 12.2.14 Name of Meeting: Chapel Off Chapel Advisory Board Time: 4pm Assembly Location: Chapel Off Chapel IN ATTENDANCE: Councillors:

Cr Ullin

Cr Koce

Cr Chandler

Council Officers:

Gary McMahon

Cate Crowley

Karen Watson

Matter/s Discussed: Chapel Off Chapel Operational matters CONFLICT OF INTEREST DISCLOSURES: including time left and returned to meeting Councillors:

Nil

Council Officers:

Nil

Form completed by: Cate Crowley

S11A. Instrument of Appointment and Authorisation (Planning and Environment Act 1987) ABS Mk 1 November 2012 Update

Item 2 - APPOINTMENT OF AUTHORISED OFFICERS PURSUANT TO THE PLANNING AND

ENVIRONMENT ACT 1987 Attachment One

Maddocks Delegations and Authorisations

S11A. Instrument of Appointment and Authorisation (Planning and Environment Act 1987)

Stonnington City Council

Instrument of Appointment and Authorisation

(Planning and Environment Act 1987 only)

Distribution:

Authorised Officer

Civic Support Officer (for Registers of Authorisations)

MHROD (for personnel file]

Manager Planning Services

Records Coordinator

S11A. Instrument of Appointment and Authorisation (Planning and Environment Act 1987) Statutory Planning page 45

Instrument of Appointment and Authorisation

(Planning and Environment Act 1987)

In this instrument "officer" means -

a) Georgia Kay b) Anthony Depasquale c) Ben McGeehan d) Alayna Chapman

By this instrument of appointment and authorisation Stonnington City Council -

a) under section 147(4) of the Planning and Environment Act 1987 - appoints the officer to be

an authorised officer for the purposes of the Planning and Environment Act 1987 and the regulations made under that Act; and

b) under section 232 of the Local Government Act 1989 authorises the officer generally to

institute proceedings for offences against the Acts and regulations described in this instrument.

It is declared that this instrument -

a) comes into force immediately upon its execution; and

b) remains in force until varied or revoked.

This instrument is authorised by a resolution of the Stonnington City Council

on Monday 17 February 2014.

The COMMON SEAL of the )

STONNINGTON CITY COUNCIL )

was hereunto affixed in the )

presence of: )

____________________

Councillor

__________________________________

Chief Executive Officer/General Manager

ITEM 5 ATTACHMENT 1 SUBMISSION TO VICTORIAN GOVERNMENT INQUIRY INTO SOCIAL INCLUSION AND VICTORIANS WITH A

DISABILITY

INQUIRY INTO SOCIAL INCLUSION AND VICTORIANS WITH A DISABILITY

Submission City of Stonnington

Introduction

This submission provides a response to the Terms of Reference proposed for the Victorian

Government’s Inquiry into Social Inclusion and Victorians with a Disability. In summary, the key

elements of the terms of reference that are discussed in this submission are:

Provision of a definition of ‘social inclusion’ for Victorians with a disability;

Identification of the nature and scale of relative inclusion (exclusion) and participation of

Victorians with a disability in the economic, social and civil dimensions of society;

Discussion of current initiatives and the impact of Victorian government services and

initiatives aimed at improving inclusion and participation;

Discussion of examples of good practice on inclusion and participation driven by local

government and the community sector and the impact of the Disability Act 2006 on the

social inclusion of people with a disability with respect to Victorian government services;

and

Recommendations of ways to increase social inclusion, including the roles of and

collaboration between local, state and federal governments, the community sector,

individuals with a disability and their carers.

The submission provides information to inform the Inquiry, and also proposes some opportunities

for improvement.

Social Inclusion for Victorians with a disability

Background

The City of Stonnington comprises the suburbs of Prahran, Windsor (part), South Yarra (part),

Toorak, Armadale, Malvern, Malvern East, Kooyong and part of Glen Iris.

Stonnington has a culturally and economically diverse population. The housing stock ranges from

some of Melbourne’s finest mansions to large blocks of public housing. The City is primarily a

residential area, with strong retail precincts.

According to the 2011 Census, Stonnington has fewer residents with disability than other

municipalities. Three thousand and sixteen Stonnington residents (3.2%) have a profound

disability requiring assistance with core activities (eg. personal care) compared to 4.5 % in

Melbourne and 4.8% in Victoria.

There is a strong correlation between disability and age in Stonnington – 2,168 people with

disability are aged over 65 years.

Since the Estimated Resident Population of Stonnington in 2012/2013 was 100,191 persons,

approximately 18,567 (Municipal Public Health and Wellbeing Plan 2013-2017; City of


DISABILITY

Stonnington) Stonnington residents are likely to have some degree of disability, based on Victorian

disability levels.

A total of 18.4% of Stonnington residents are estimated to have a disability causing specific

restrictions or limitations that affect their everyday lives (Municipal Public Health and Wellbeing

Plan 2013-2017; City of Stonnington; sourced from the Survey of Disability, Ageing and Carers,

ABS 4430, 2009). These figures don’t include visitors to Stonnington’s retail precincts, nor

attendees at services or programmes offered by Council or service providers.

Local agencies providing direct services include Better Hearing Australia, Inclusion Melbourne,

John Pierce Centre, Mecwacare, Prahran Mission, Scope Victoria and Vision Australia.

Stonnington’s involvement in supporting social inclusion for Victorians with

a Disability

City of Stonnington recognises and respects that everyone has the same human rights entitlement

to allow them to participate in, and contribute to society and our community. The Council Plan

2013-2017 complies with the Victorian Charter of Human Rights and Responsibilities Act 2006 and

embraces fundamental human rights under the four pillars of: community, environment, liveability

and prosperity.

The key planning document to address social inclusion in Stonnington is Council’s disability action

plan, the ‘Access and Inclusion Plan 2014-2017’ (AIP). The Plan outlines 76 actions organised

within the four pillars of the Council Plan.

The annual Metro Access Future Directions Report also outlines the actions that Council commits

to each year.

Council employs a Disability Access Officer with the role of improving social inclusion through

identifying community needs and ensuring that there is a coordinated response to disability issues.

Responsibilities of the role include implementation of Council’s disability action plan, the Access

and Inclusion Plan, chairing of the Council’s disability advisory committee (DAC), the Access

Stonnington Committee (ASC), provision of information on the subjects of legislative requirements,

public policy developments, available resources and community expectations.

The Disability Access Officer has a dual role which includes delivery of the Victorian Government

Metro Access program. Metro Access is a Department of Human Services funded program that

places focus on community building and engagement.

The work of the Disability Access Officer is supported by the Access Stonnington Committee

(ASC). Membership is made up of people with experience of disability, people with a background

in disability access or individuals with a disability. The committee provides advice to assist Council

to act on its commitment to the continual improvement of its premises, facilities and services, while

also advising on Metro Access initiatives.


DISABILITY

Stonnington applies a whole of Council approach to its initiatives around social inclusion for people

with disability. Staff within Aged Services, Youth and Children’s Services all include disability

access within their roles. Specific practices that provide for social inclusion for people with a

disability include:

Extensive assessment of Home and Community Care (HACC) recipients

Information referral pathways to relevant services

Accessible community transport

Social Inclusion facilitators to support children with disabilities to access Council provided

childcare

A Special Needs playgroup.

Council’s primary focus in relation to social inclusion is to share knowledge in order to promote a

more accessible community, both internally and within the community. Some examples of projects

that demonstrate this at community level are:

Advocating to Chadstone Shopping Centre to increase accessibility.

Funding has been sought for initiatives to improve social inclusion; examples include

improving physical access to a swimming pool and neighbourhood house.

Council works in partnership with other key agencies within the disability sector. For

example, a partnership with the Prahran Community Learning Centre (PCLC) and Yooralla

identified adaptive equipment needs to facilitate participation by attendees.

Working on social inclusion initiatives with local sport and recreation providers including the

Joint Council’s Access for All Abilities program (JCAAA).

Supporting existing sectoral networks to enhance a whole-of-sector approach to responding

to State research that showed low take up of preventative health screening by people with

intellectual disability (ID). Stonnington worked with Bayside Medicare Local (BML), the

Cancer Council Victoria and another Metro Access programme to plan and deliver

workshops promoting take up of preventative cancer screening for women with ID.

The Disability Access Officer acts as an internal referral and support, and conduit with the

community on access issues. This involves coordination of the implementation of the

Access and Inclusion Plan and Community Building Plan, and participation in relevant

projects and networks (such as the preparation and implementation of the Municipal Public

Health and Wellbeing Plan).

Council’s Social Support Program provide recreation and social opportunities for older

people, including people with disabilities who are living in the community. This program

services over 10,000 people per year.

Council’s Centre Based Meals program (funded via the HACC program) provides a

community based location for residents of Stonnington to enjoy a nutritious meal in a social

environment.

The Aged Services Adult Day Activity Support Service (a HACC funded service) delivers a

range of social support programs for people with less independence and higher individual

support needs.


DISABILITY

Council also works directly with local individuals with disabilities by initiating contact as issues

become identified.

Other mechanisms that contribute to social inclusion are:

Training is offered to all staff on human rights legislation and a disability awareness

presentation is made as part of the staff induction process.

All communications are accessible and available in alternative formats upon request.

Council is also working to increase use of access symbols in its publications.

Council provides ongoing training in communication friendly practices.

The availability of Auslan interpreting and hearing loops also contribute to inclusive

environments in which Deaf and hearing impaired people can participate.

What is the difference between social inclusion and participation?

The Victorian Health Department defines a socially inclusive community as “one where all people

feel valued, their differences are respected, and their basic needs are met so they can live in

dignity. Social exclusion is the process of being shut out from the social, economic, political and

cultural systems which contribute to the integration of a person into the community”. (Cappo 2002)

Participation is when people with disabilities decide to take part in these economic, political and

cultural systems. The distinction is important because it illustrates the two way process of social

inclusion in which organisations not only need to ensure that communities are ready to integrate

people with disabilities, but that people with disabilities feel sufficiently engaged enough to want

that integration.

Nature and scale of relative inclusion (exclusion) and participation in the

economic, social and civic life of the community.

Much of the exclusion experienced by people with disabilities is systemic. In helping to address

these issues, Council is reliant on its ability to link local initiatives with broader state and national

initiatives to continue to build a more socially inclusive community. To achieve this it is critical that

social inclusion is supported by all tiers of government.

Last year Stonnington undertook a community consultation to inform development of its latest

disability action plan. This resulted in a wealth of information becoming available at local level

about the local experiences of relative inclusion of people with disabilities in the economic, social

and civic life of the community. The engagement was planned around specifically gaining the

participation of people with a disability.


DISABILITY

Hosting community based forums as part of a broader engagement plan resulted in a large amount

of information and opinion being shared with Council by people with disabilities, the disability

sector and the broader community. This information has subsequently been shared back with the

sector to assist other organisations with their planning.

Much of the information elicited identified issues encountered by the large number of blind and

vision impaired people who access Vision Australia services within the municipality, who stay to

utilise Stonnington’s retail sector and local recreational opportunities. There was also much

feedback related to the built environment and the importance of infrastructure in making the

Stonnington community accessible to people with disabilities as well as an emphasis on

employment. These issues are discussed in Council’s Access and Inclusion Plan which is

attached to this submission.

Emerging issues

The visibility of people with disability in the community is emerging as a key issue in acceptance of

people with disabilities in mainstream community settings. More needs to be done to address this

issue. The NDIS aims to make individuals with disabilities the “CEOs of their lives” and one can

anticipate that a successful NDIS rollout could result in more people with disabilities being visible in

the community and utilising infrastructure and transport in order to do it. All the following issues

have the potential to improve the visibility of people with disabilities in the community:

It is anticipated that an implication of the application of the NDIS could be increased

pressure from to improve access at community level. For example, many people with

limited mobility now use taxis rather than public transport because of factors such as a lack

of accessible transport options.

Consultation that engages people with disabilities in identifying the factors that lessen their

social engagement is critical to identifying and planning for emerging issues at a local level.

Planning documents such as disability action plans and the Metro Access Community

Building Plan are becoming increasingly important as a mechanism for responding to

increased societal expectations about inclusive communities.

Accessible toilets and parking provision are increasingly important at community level as

Council works to establish infrastructure and systems that support people to explore their

local environments and as people with disabilities participate more in the ordinary rituals of

community life: working, shopping, conducting business, socialising and exercising. In

particular the need for accessible toilet access for those with high support needs, such as

hoists or changing tables, is an emerging issue.

The retail sector is increasingly aware of the need to make shops accessible to appeal to

the broadest customer base. However many of these small businesses lack the funding

capacity to upgrade premises to become accessible.

There is a need for improvement in how people with disability are portrayed in the media.

There is a need to provide more work opportunities for people with a disability as part of

their broader integration and inclusion in society.


DISABILITY

Impacts of Victorian government services and initiatives to improve

inclusion and participation.

Council currently works collaboratively with all levels of government progressing the access

agenda to improve social inclusion for people with disabilities. This needs to continue to shift the

agenda forward even more. Examples are:

Attending an Employment forum with the Municipal Association of Victoria and the Office

for Disability to consider the employment issue.

Utilisation of government grants such as Accessible Communities funding and DHS respite

funding.

Information sharing with government departments such as DHS and the Department of

Health.

Good practice in local government and the community sector.

Local government continues to model good practice in its dealings with the community sector.

Awareness campaigns about the benefits of accessible communities and the talents of people with

disabilities as contributors to those communities would be highly beneficial in improving community

attitudes towards inclusion for people with disabilities.

Impact of the Disability Act on social inclusion.

One of the man impacts of the Disability Act at local level has been through the creation of

Council’s disability action plan committing Council to actions to reduce social exclusion over the

three years of the plan.

Recommendations to improve social inclusion.

Continue to strengthen linkages and encourage cross-sectoral collaboration, and thus

opportunities for effective knowledge sharing, at all levels of government and with the

community sector.

Strengthen lines of communication and engagement between Council, the disability sector,

and people with disabilities through resourcing of Disability Advisory Committees and other

collaborative networks.

Strengthen the accountability and reporting of disability action plans and other planning

documents as a mechanism to foster access initiatives that support social inclusion for

people with disabilities.

Promote increased visibility of people with a disability in the community, using public

awareness campaigns and the media in general.

Support initiatives that increase employment of people with disabilities, including increased

work experience opportunities.

Ensure that people with a disability are engaged in the planning of initiatives that involve

them, to ensure appropriateness.

Encourage the private sector to improve accessibility and social inclusion for people with a

disability, through physical enhancements, as well as service provision and employment

and training opportunities.


DISABILITY

Utilise reporting requirements for the Metro Access network to monitor participation levels

at local level.

Conduct research to better understand the demographics of people with a disability in the

community, to enable the tailored targeting of services, and develop tools to measure

access improvements and conduct evaluations.

Increase the use of access symbols on publications.

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