Minutes of Council Meeting - 16 September 2019 · Web view2019/09/16 · Swimming Pool 17. Unless...

Council Meeting Minutes

Council Chamber, Malvern Town Hall

on

16 September 2019 0

COUNCIL MINUTES

MONDAY 16 SEPTEMBER 2019

A. READING OF THE RECONCILIATION STATEMENT AND AFFIRMATION STATEMENT

B. INTRODUCTIONS

C. APOLOGIES

D. ADOPTION AND CONFIRMATION OF MINUTES OF PREVIOUS MEETING(S) IN ACCORDANCE WITH SECTION 93 OF THE ACT AND CLAUSE 49 OF GENERAL LOCAL LAW 2018 (NO 1)

1. MINUTES OF THE COUNCIL MEETING HELD ON 2 SEPTEMBER 2019.................E. DISCLOSURE BY COUNCILLORS OF ANY CONFLICTS OF INTEREST IN ACCORDANCE

WITH SECTION 79 OF THE ACT0F

1

F. QUESTIONS TO COUNCIL FROM MEMBERS OF THE PUBLIC

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

H. QUESTIONS TO COUNCIL OFFICERS FROM COUNCILLORS

I. TABLING OF PETITIONS AND JOINT LETTERS

J. NOTICES OF MOTION

K. REPORTS OF SPECIAL AND OTHER COMMITTEES

1. REPORTS OF COMMITTEES: IMAP................................................................L. REPORTS BY DELEGATES

M. GENERAL BUSINESS INCLUDING OTHER GENERAL BUSINESS

1. PLANNING APPLICATION 1121/18 - KOROWA GIRLS' SCHOOL - 10-16 RANFURLIE CRESCENT GLEN IRIS - PARTIAL DEMOLITION, CONSTRUCTION OF A NEW BUILDING AND WORKS ASSOCIATED WITH A SECTION 2 USE (EDUCATION CENTRE) IN A GENERAL RESIDENTIAL ZONE, HERITAGE OVERLAY AND INCORPORATED PLAN OVERLAY..................

2. PLANNING APPLICATION 1135/18 - 1-9 SYLVESTER CRESCENT, MALVERN EAST - CONSTRUCTION OF A MULTI-DWELLING DEVELOPMENT IN A RESIDENTIAL GROWTH ZONE AND GENERAL RESIDENTIAL ZONE.......................................................................................

3. PLANNING AMENDMENT 0490/16 - 230-234 TOORAK ROAD SOUTH YARRA – S72 AMENDMENT TO THE APPROVED RESIDENTIAL HOTEL TO ALLOW AN INCREASE IN HOTEL ROOMS FROM 93 TO 123 IN CONJUNCTION WITH INTERNAL AND EXTERNAL CHANGES TO THE BUILDING......................................................................................................

4. PLANNING APPLICATION 1285/18 - 62 ARTHUR STREET, SOUTH YARRA - USE AND DEVELOPMENT OF THE LAND FOR A SERVICED APARTMENT BUILDING IN A GENERAL RESIDENTIAL ZONE..............................

5. PLANNING SCHEME AMENDMENT C282 - THE AVENUE PRECINCT EXTENSION AND THREE INDIVIDUAL PLACES - PANEL REPORT ......................

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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6. BETTER APARTMENTS IN NEIGHBOURHOODS DISCUSSION PAPER 2019.........7. APPOINTMENT OF AUTHORISED OFFICERS PURSUANT TO THE

PLANNING AND ENVIRONMENT ACT 1987 - STATUTORY PLANNING................8. COMMUNITY CONSULTATION - EFFECTIVE CONTROL OF DOGS.......................9. CHILDREN, YOUTH AND FAMILY STRATEGY - YEAR ONE ACTION

REPORT........................................................................................................10. VICTORIA TERRACE, SOUTH YARRA - TRIAL CLOSURE EVALUATION

REPORT........................................................................................................11. BOWEN STREET, PRAHRAN - PROPOSAL TO INSTALL 2-HOUR

PARKING RESTRICTIONS................................................................................12. STREET TREE POLICY...................................................................................13. SUSTAINABILITY SNAPSHOT 2018-19............................................................14. DONALD STREET TREES...............................................................................

N. URGENT BUSINESS

O. CONFIDENTIAL BUSINESS

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PRESENT : CR STEVEN STEFANOPOULOS, MAYOR

: CR GLEN ATWELL

: CR MARCIA GRIFFIN

: CR JOHN CHANDLER

: CR SALLY DAVIS

: CR MATTHEW KOCE

: CR MELINA SEHR

COUNCIL OFFICERS PRESENT

: JACQUI WEATHERILL CHIEF EXECUTIVE OFFICER

: GEOFF COCKRAM GENERAL MANAGER CORPORATE SERVICES

: STUART DRAFFIN GENERAL MANAGER PLANNING & AMENITY

: RICK KWASEK INTERIM GENERAL MANAGER CITY ENVIRONMENT

: HANNAH MCBRIDE BURGESS ACTING MANAGER STATUTORY PLANNING

: JUDY HOGAN CIVIC SUPPORT OFFICER

: VANESSA DAVIS PA TO CHIEF EXECUTIVE OFFICER

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A. Reading Of The Reconciliation Statement The Mayor Cr Stefanopoulos, 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 Mayor Cr Stefanopoulos read the following Affirmation Statement:

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

The meeting began at 7:01pm.

B. Apologies

The Mayor, Cr Stefanopoulos noted Crs Hindle and Klisaris were an apology for this meeting and had requested a leave of absence from this meeting.

PROCEDURAL MOTION: MOVED CR SALLY DAVIS SECONDED CR MELINA SEHR

That Crs Hindle and Klisaris’s apologies and leave of absence from the Council Meeting on Monday 16 September 2019 be granted.

Carried

C. Introductions The Mayor Cr Stefanopoulos introduced the Councillors and the Chief Executive Officer Jacqui Weatherill. Ms Weatherill then introduced the Council Officers.

D. Adoption And Confirmation Of Minutes Of Previous Meeting(S) In Accordance With Section 93 Of The Act And Clause 49 Of General Local Law 2018 (No 1)

Cr Davis noted that she had requested a point of order at the previous Council Meeting held on 2 September 2019 and the context of her question had not been recorded or the question taken on notice. The Mayor, Cr Stefanopoulos noted that the question was asked during Questions to Council Officers and he would not take the question on notice and said the question should be re directed to the Chief Executive Officer. Cr Davis said she would ask again in Questions to Council Officers.

1. Council Meeting - 2 September 2019

MOTION: MOVED CR MATTHEW KOCE SECONDED CR MELINA SEHR That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 2 September 2019 and the Minutes of the Confidential Meeting of the Stonnington City Council held on 2 September 2019 as an accurate record of the proceedings.

Carried

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E. Disclosure by Councillors of any conflicts of interest in accordance with Section 79 of the Act

Nil

F. Questions to Council from Members of the Public

Questions asked by Mr Hurlston

During Council’s previous Council Meeting held on 19 August 2019 five (5) sets of Questions to

Council were submitted. At the time, I used my discretion available to me under Council’s General

Local Law to answer the questions at the meeting. As required under the Local Law, written

answers were subsequently provided to the submitter. A copy of the responses are now tabled for

inclusion in the minutes of this meeting as follows:

Questions & Response – Mr Hurlston

Question 1

How much open space levy (if any) was used on Chadstone Golf Course redevelopment and what was the total cost of the project?

Response

The Open Space Reserve was not used to fund the Malvern Valley Golf Course Hub redevelopment. The total spend on the Malvern Valley Golf Course Hub redevelopment was $3.154 million.

Question 2

How much open space levy (if any) was used on the purchase/acquisition of East Malvern RSL?

Response

In 2016/17 Council paid $4.7 million for the acquisition of the land at 9-13 Ellison Street Malvern East. This was fully funded from Council’s Open Space Reserve.

Question 3

If any open space monies were used on Chadstone Golf Course and the RSL how does this not breach Stonnington's Local Planning Laws that state it cannot be used for anything other than acquiring open space or upgrading current open space?

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Response

No open space money was spent on the Malvern Valley Golf Course.

The purchase of a section of the land owned by the East Malvern RSL (9-13 Ellison Street Malvern East) was entirely funded from the Open Space Reserve. Council is currently preparing designs for the site, which will incorporate input from the East Malvern RSL about their future plans for the adjoining part of the site (not owned by Council) to ensure the optimisation of this new public open space.

Question 4

With ANZAC House attempting to take the funds by forcing the closure of the Malvern East RSL will Council be taking any action?

Response

Council officers met with East Malvern RSL last week to discuss a range of matters relevant to the site. There was no mention by the East Malvern RSL of Anzac House attempting to take funds or force their closure, however, any dealings between the East Malvern RSL and Anzac House would be a matter between the two parties.

Question 5

Can you please confirm the cost to date of the Prahran Square Project?

Response

Prahran Square budget is $62.50M and the Street Scape Budget is $4.96M

Current expenditure on all project components to date is $52,380,073. A contingency of $490,000 remains at this point.

For tonight’s Ordinary Meeting of Council three (3) set of Questions to Council have been received

for response. In accordance with clause 50 of Council’s General Local Law a summary of the

questions are as follows:

Three (3) questions from Ms Tresider

The questions relate to Council’s contract with Bluefit to manage the tennis courts at Orrong Park

and Union Street.

Five (5) questions from Mr & Mrs Minogue

The questions relate to the Toorak Road Level Crossing Removal Project.

Four (4) questions from Ms Flynn

The questions relate to traffic management around the Korowa Anglican Girls’ School.

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Council will answer the questions, but I use my discretion under Clause 50 (3) (b) of the Local Law

to not provide the responses this evening but to provide written responses to the submitters within

14 working days and the responses will be put into the minutes of the following meeting.

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

Cr Griffin tabled the following correspondence:

Email from resident regarding Item 4 Planning Application 62 Arthur Street, South Yarra Emails from residents regarding Item 10 Victoria Terrace, South Yarra – Trial closure

evaluation report Email from tenant regarding request for rental reduction Email from resident regarding Council contract awarded to Bluefit to manage Orrong Park

tennis courts Email from residents querying Council rate increase regarding their property Email from resident regarding reconstruction of Canterbury Road and Edward Streets and

the resulting traffic congestion Email from medical professional regarding homeless people Email from resident regarding the state of paintwork on the parking bays in Toorak Road Email from resident regarding bicycles on pedestrian foothpaths Email from resident regarding Mayor’s forthcomming charity event

Cr Atwell tabled the following correspondence:

Email from resident regarding Osborne Avenue Glen Iris and the permit parking proposal

Cr Davis tabled the following correspondence:

Email from resident concerned about parking and traffic in the vicinity of Korowa Anglican Girls’ School

Email from resident complaing about Council contractor spraying weed killer on a weekend

H. Questions to Council Officers from Councillors

A GENERAL LOCAL LAW 2018Cr Sally Davis asked a question to the Chief Executive Officer which was asked at the previous Council Meeitng concernng Council’s General Local Law 2018 and the definition of clause 78 Point of Order six points contained in that clause and asked for an intrepretation of what constitutes ‘any act of disorder’ during a meeting of Council.

The Chief Executive Officer said she would take the Question on Notice, to determine an appropriate determination.

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B PARKING AND TRAFFIC CONCERNS Cr Sally Davis noted that she had tabled letters from residents highlighting concerns regardng parking and traffic in Ranfurlie Crescent. Has a meeting been arranged with all three Principals of Korowa Anglican Girls’ School, Caulfield Grammar (Malvern House) and Sacre Coeur to discuss traffic safety in that area of the Glen Iris triangle?

The Interim General Manager City Environment noted that a meeting had been held on Friday with Korowa Anglican Girls’ School and a follow up meeting would be held with the other two schools in the next week, looking at parking management within the three schools.

C HERBICIDE SPRAYING

Cr Sally Davis noted that she had tabled a letter from a resident of Prahran complaining about a Council contractor spraying weed killer on a Saturday. Cr Davis asked Council Officers to revist this practice that this can occur over a weekend and in future advise nearby residents when this is to occur. It it best practice to warn residents that spraying will be occuring.

The Interim General Manager City Environment noted that signs are displayed when heribicide spraying is being undertaken but agreed to provide advance notice in the future early on weekends.

D GARDINER PARK LOUD MUSIC

Cr Sally Davis noted she had been contacted by residents regarding loud music being played at Gardiner Park and queried whether Council Officers would consider installing signage to remind sporting clubs they are surrounded by a residential area and to encourage parking at Gardiner Station, not in the local streets.

The General Manager Community and Culture noted Council Officers would monitor the situation but would take the question on notice.

D AUDIT COMMITTEE TABLED CORRESPONDENCE

Cr Matthew Koce noted that he had read the Audit Committee Minutes held on 22 August 2019 and noted that tabled correspondence included a letter concerning Percy Treyvaud Memorial Park from the Victorian Auditor General and requested a copy.

The Chief Executive Officer said that a copy of the letter would be circulated.

E GLENFERRIE ROAD TRADERS ASSOCIATION

Cr Melina Sehr asked if we could look into promotional signage for the Glenferrie Road Traders Assoocation which could be used four times a year.

The Chief Executive Officer took the question on notice.

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F OSBORNE AVENUE PERMIT PARKING

Cr Glen Atwell raised the issue of Osborne Avenue permit parking and how some motorists are taking advantage of the ‘grace period’ of no fines being issued and now parking in the area.

The Interim General Manager City Environment noted that as the grace period had expired parking enforcement will be undertaken in the area.

I. Tabling of Petitions and Joint LettersNil

J. Notices of MotionNil

K. Reports of Special and Other Committees

1 REPORTS OF COMMITTEES: IMAP

MOTION: MOVED CR JOHN CHANDLER SECONDED CR STEVEN STEFANOPOULOS That Council confirms the minutes of the Inner Melbourne Action Plan Implementation Committee (IMAP) meeting held on Friday 24 May 2019.

Carried

Cr Koce tabled

Notes of a meeting held of the Sustainability Advisory Committee on 9 September 2019 in which the following topics were discussed:

o Sustainability Snapshot 2018-19o Food waste recycling programo Public lighting strategyo Weed management in Stonningtono Gardiners Creek Masterplano Energy Efficiency Implementation Plano LED street lighting upgradeso Water efficiency program

The minutes of the 21st Annual General Meeting of Reconciliation Stonnington held on 11 September 2019

The Chief Executive Officer tabled the Assembly of Councillor Records for the following meetings:

Strategic Planning Advisory Committee 2 September 2019 Councillor Briefing Session Monday 9 September 2019 Strategic Communication & Engagement Advisory Committee Monday 9 September 2019

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Cr Chandler tabled

The notes of the Strategic Planning Advisory Committee held on Monday 2 September 2019

L. Reports of DelegatesNil

M. General Business Including Other General Business

1 PLANNING APPLICATION 1121/18 - KOROWA GIRLS' SCHOOL - 10-16 RANFURLIE CRESCENT GLEN IRIS - PARTIAL DEMOLITION, CONSTRUCTION OF A NEW BUILDING AND WORKS ASSOCIATED WITH A SECTION 2 USE (EDUCATION CENTRE) IN A GENERAL RESIDENTIAL ZONE, HERITAGE OVERLAY AND INCORPORATED PLAN OVERLAY

MOTION: MOVED CR SALLY DAVIS SECONDED CR GLEN ATWELL

That a Notice of Decision to Grant a Planning Permit No: 1121/18 for the land located at 10-16 Ranfurlie Crescent Glen Iris be issued under the Stonnington Planning Scheme for demolition, construction of a new building and works associated with an existing education centre (section 2 use) in a General Residential Zone, Heritage Overlay and Incorporated Plan Overlay subject to the following conditions:

1. Before the commencement of the development, one copy of plans drawn to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the application plans Council date stamped 21 June 2019 but modified to show:

a) Details of the fence on the eastern boundary and the height of the fence to be at least 1.8 metres in height.

b) Three metre high noise barrier to be shown on the roof top court in accordance with the acoustic report prepared by Marshall Day Council date stamped 12 March 2019 and 25 January 2019.

c) Any changes or annotations required to accord with the ‘Building construction recommendations’ in the acoustic report prepared by Marshall Day Acoustics Council date stamped 12 March 2019 and 25 January 2019.

d) Tree protection zones detailed on the plans in accordance with the arboriculture report Council date stamped 25 January 2019.

e) A landscape plan in accordance with condition no. 3.f) A tree management plan in accordance with condition no. 5.g) A Sustainable Management Plan and Water Sensitive Urban Design

response and any consequential changes to plans to reflect the requirements of the report in accordance with condition 11.

All to the satisfaction of the Responsible Authority.

2. The layout of the site and the size, levels, design and location of buildings and

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works shown on the endorsed plans must not be modified for any reason without the prior written consent of the Responsible Authority.

3. Concurrent with the endorsement of 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. The landscape plan must be in accordance with the landscape plan prepared by TCL Landscape Architects Pty Ltd (Council date stamped 21 June) but modified to show:

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


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 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 (AS 4970).

The Tree Management Plan must detail measures to protect and ensure the viability of all significant trees within the site. Among other things, the tree management plan must include the following information:

a) Pre-construction (including demolition) – details to include a tree protection zone, height barrier around the tree protection zone, amount and type of mulch to be placed above the tree protection zone and method of cutting any roots or branches which extend beyond the tree protection zone.

b) During-construction – details to include watering regime during construction and method of protection of exposed roots.

c) Post-construction – details to include watering regime and time of final inspection when barrier can be removed and protection works and regime can cease.

Pre-construction works and any root cutting must be inspected and approved by the Responsible Authority's Parks Unit. Removal of protection works and cessation of the Tree Management Plan must be authorised by the Responsible Authority's Parks Unit.

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6. Prior to the endorsement of plans and prior to any development commencing on the site (including demolition and excavation whether or not a planning permit is required), the owner/ developer must enter into a Deed with the Responsible Authority and provide it with a bank guarantee of $31,563.84 as security against a failure to protect the health of Tree 3 – Syzigium australe, $80,162.13 as security against a failure to protect the health of Tree 4 – Eucalyptus elata, $60,121.60 as security against a failure to protect the health of Tree 7 – Quercus robur and $46,085.40 as security against a failure to protect the health of Tree 23 – Shinus areira. The applicant must meet all costs associated with drafting and execution of the Deed, including those incurred by the responsible authority. Once a period of 12 months has lapsed following the completion of all works at the site the Responsible Authority may discharge the bank guarantee upon the written request of the obligor. At that time, the Responsible Authority will inspect the tree(s) and, provided they have not been detrimentally affected, the bank guarantee will be discharged.

7. Concurrent with the endorsement of plans or prior to the commencement of any works at the site (including demolition and excavation whether or not a planning permit is required), whichever occurs sooner, a letter of engagement must be provided to the Responsible Authority from the project arborist selected to oversee all relevant tree protection works. The project arborist must be an appropriately experienced and qualified professional (minimum Cert IV or equivalent in experience).

8. The project arborist must maintain a log book detailing all site visits. The log book must be made available to the Responsible Authority within 24 hours of any request.

9. Concurrent with the endorsement of plans, the applicant must provide a Water Sensitive Urban Design Response addressing the Application Requirements of the Water Sensitive Urban Design Policy to the satisfaction of the Responsible Authority. All proposed treatments included within the Water Sensitive Urban Design Response must also be indicated on the plans.

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

11. Concurrent with the endorsement of any plans pursuant to Condition 1 a Sustainable Management Plan (SMP) must be submitted to and approved by the Responsible Authority. Upon approval the SMP will be endorsed as part of the planning permit and the development must incorporate the sustainable design initiatives outlined in the SMP to the satisfaction of the Responsible Authority. The SMP must be in accordance with the SMP prepared by Irwin Consult dated 20 June 2019, but modified to show:

a) The removal of non-committal language within the Green Star Design Feasibility Pathway. Only where there is a firm commitment should the appropriate Green Star point be claimed.

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b) The swimming pool to be accounted for under the Services section within the Green Star 15E Modelled Performance Pathway.

c) The total points under section 15.E of the Green Star Design & AS Built v1.1 Design Feasibility Pathway changed from 7 to 6.

d) The daylight modelling updated to include modelling software including version and release date, Sky conditions used, Visual Light Transmission (VLT) for all glazing modelled, Reflectance surface properties (floors, walls, ceilings, external walls and neighbouring buildings) and a 3d view to indicate that the adjoining buildings have been modelled.

e) The amount of shading devices to the north, east and west facing glazing to be updated within the SMP and on the plans.

f) The MUSIC modelling assumptions and parameters are to be included as part of the WSUD response.

g) The areas detailed as part of the MUSIC schematic to align with the areas details on the plan.

h) Subsequent updates to the SMP and plan to reflect the above and to achieve a minimum BESS rating of 50% and the relevant policy objectives of Clause 22.05 to the satisfaction of the Responsible Authority.

i) Amendments to the SMP must be incorporated into plan changes required under Condition 1.


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.

12. 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.

Sports and Wellbeing Centre

13. The Sports and Well Being Centre (excluding swimming pool and rooftop court) may only be used by the school community for delivery of its curriculum and for co-curricular programs offered to students at the school and may only be used during the following hours:

a) 6am-9pm Monday to Friday b) 8am-4pm Saturday c) 9am-4pm on a Sunday and public holiday.

For the purposes of this permit, School Community means current students and current staff, siblings and parents of current students.

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Roof Top Court

14. The roof top court must only be used by the school community for delivery of its curriculum and for co-curricular programs offered to students at the school and must only be used during the following hours:

a) 8am- 6pm Monday to Fridayb) 9am- 4pm Saturday, c) No use on Sundays and Public holidays.

For the purposes of this permit, School Community means current students and current staff, siblings and parents of current students.

15. Unless with the responsible authority’s prior written consent there is to be no lights on the rooftop court.

16. The primary use of the roof top court must be for netball games.

Swimming Pool

17. Unless with the responsible authority’s prior written consent, the swim pool may only be used by the school community and members of the public for a maximum of 50 patrons at any one time and between the following hours:

a) 5:30am to 9pm Monday to Friday;b) 6am to 2pm on Saturday.c) No use on Sundays and public holidays.

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

19. The level of the footpaths, roads or rights of way must not be lowered or altered in any way to facilitate access to the site.

20. 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.

21. 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.

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22. Noise emanating from the subject building 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 from the (plant and equipment area and loading bay or specify other as relevant) are in compliance with this policy must be completed prior to the commencement of the use or occupation of the site and maintained thereafter, all to the satisfaction of the Responsible Authority.

23. Before the commencement of the development (including excavation and demolition) starts, protection fencing must be afforded to the London Plane and Fraxinus angustifolia street trees prior to construction works occurring. Fencing must comply with Section 4 of AS 4970 and form a 3m x 3m protection zone around the tree. No vehicular or pedestrian access, trenching or soil excavation is to occur within the tree protection zone without the written consent of the Responsible Authority. No storage or dumping of tools, equipment or waste is to occur within the tree protection zone.

24. At the end of a period of three months, ("Trial Period") from the commencement of the use of the rooftop court, the School must provide an acoustic report prepared by a suitably qualified acoustic engineer to the satisfaction of the Responsible Authority. The report is to assess the use of the roof top court as shown on the endorsed plans and must include:

a) The time and date during which noise levels are measured. Noise levels must be measured early in the morning and late at night.

b) Measurements of the noise levels at the nearest residential building (including the external terrace areas).

c) Conclusions and recommendations concerning compliance with the relevant State Environmental Protection Policies as they relate to noise emissions.

If the use of the rooftop court is not to the satisfaction of the Responsible Authority, it must give the school notice of that and the use of the rooftop court hereby approved must cease. Prior to the continuation of the use of the rooftop court for the approved school, all noise issues identified in the acoustic report must be addressed by the operator to the satisfaction of the Responsible Authority.

25. 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

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timeframes for an extension of the periods referred to in this condition.

NOTES:

A. This permit does 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. This property is located in a Heritage Overlay and planning permission may be required to demolish or otherwise externally alter any existing structures. External alterations include paint removal and any other form of decoration and works, but does not include re-painting an already painted surface.

C. 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: with a trunk circumference of 180 centimetres or greater measured at its

base; or with a trunk circumference of 140 centimeters or greater measured at 1.5

metres above its base; or 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.

D. 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.

E. Nothing in the permit hereby issued may be construed to allow the use of the approved buildings for any other purpose other than the established existing use of the land and buildings as an education centre, or any increase in the student numbers.

F. 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.A Division was called by Cr Stefanopoulos:For: Crs John Chandler, Melina Sehr, Matthew Koce, Marcia Griffin, Sally

Davis, Glen Atwell and Steven Stefanopoulos

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Against: NilAbsent: Crs Jami Klisaris and Judy Hindle

Carried unanimously

2 PLANNING APPLICATION 1135/18 - 1-9 SYLVESTER CRESCENT, MALVERN EAST - CONSTRUCTION OF A MULTI-DWELLING DEVELOPMENT IN A RESIDENTIAL GROWTH ZONE AND GENERAL RESIDENTIAL ZONE

MOTION: MOVED CR GLEN ATWELL SECONDED CR SALLY DAVIS

That a Notice of Decision to Grant a Planning Permit No: 1135/18 for the land located at 1-9 Sylvester Crescent, Malvern East be issued under the Stonnington Planning Scheme for the construction of a multi-dwelling development in a Residential Growth Zone and a General Residential Zone subject to the following conditions:

1. Before the commencement of the development, 1 copy of plans drawn to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the revised plans Drawings No: TP1.01 to TP1.14, TP2.01 to TP2.11, TP3.01 to TP3.04, prepared by Alta Architecture, Council date stamped 15 April 2019 but modified to show:

a) The garage door at the base of the basement access ramp dimensioned to a minimum width of 5.5 metres.

b) The door widths of the townhouse garages dimensioned on the basement plan.

c) A minimum floor grade of 1:200 within the basement for drainage.d) Pedestrian paths within the basement dimensioned to a minimum width

of 1m with a maximum grade of 1:14.e) All bicycle parking spaces dimensioned in accordance with the

Australian Standards.f) The substation dimensioned on the elevations and annotated to be

finished in a muted colour which complements the colour palette of the townhouses and associated fencing.

g) The balcony of Apartment L3.02 screened to limit views into secluded private open space to the west, or a section diagram provided to demonstrate compliance with Clause 55.04-6 (Overlooking objective).

h) The first floor habitable room windows of Townhouse 4, the first and second floor habitable room windows of Townhouse 6, and the south facing balcony to Townhouse 6 screened in accordance with Clause 55.04-6 (Overlooking objective) to limit views into secluded private open space to the south.

i) All windows and balconies shown to be screened on the plans in accordance with Clause 55.04-6 are to be clearly annotated on the applicable floor plans and elevations.

j) Additional dimensions to demonstrate that at least 50% of apartments comply with Standard B41 at Clause 55.07-7 (Accessibility).

k) Any changes to accord with Condition 3 (Landscape Plan), Condition 6 (TMP), Condition 9 (WMP) and Condition 11 (SMP).

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2. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason, without the prior written consent of the Responsible Authority.

3. Concurrent with the endorsement of 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. The landscape plan must be generally in accordance with the landscape plan dated October 2018 prepared by John Patrick Landscape Architects and must include:

a) Details of the proposed soil volume for all planter boxes above the basement demonstrating that all proposed landscaping will be provided with adequate depth of soil to allow it to grow to maturity.

b) Provision of additional vegetation / screen planting on either side of the substation reserve.

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. All costs for the removal and replacement of the two street trees to facilitate the construction of the vehicle crossover are to be borne by the permit holder and paid for at the time of applying for a vehicle crossing permit. All works (removal, species selection and planting) in this regard will be undertaken by Council.

6. Concurrent with the endorsement of development plans, a Tree Management Plan (TMP) prepared by a suitably qualified arborist must be submitted to and approved by the Responsible Authority. When approved, the TMP will form part of this permit and all works must be done in accordance with the tree management plan (AS 4970).

The TMP must detail measures to protect and ensure the viability of the eight street trees to be retained adjacent to the site, as well as to enable the successful relocation of the Phoenix canariensis (Canary Island date palm) within the site.

Among other things, the TMP must include the following information:

a) Pre-construction (including demolition) – details to include a tree protection zone, height barrier around the tree protection zone, amount and type of mulch to be placed above the tree protection zone and

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method of cutting any roots or branches which extend beyond the tree protection zone. A plan must be submitted detailing any tree protection fencing, where the fencing is clearly identified and dimensioned.

b) During-construction – details to include watering regime during construction and method of protection of exposed roots.

c) Post-construction – details to include watering regime and time of final inspection when barrier can be removed and protection works and regime can cease.

Pre-construction works and any root cutting must be inspected and approved by the Responsible Authority's Parks Unit. Removal of protection works and cessation of the Tree Management Plan must be authorised by the Responsible Authority's Parks Unit.

7. Prior to the commencement of any works on the land, each Tree Protection Zone nominated within the Tree Management Plan must:

a) Be fenced with temporary fencing in accordance with the attached specifications annotated in this permit to the satisfaction of the Responsible Authority.

b) Include a notice on the fence to the satisfaction of the Responsible Authority advising on the purpose of the Tree Protection Zone, the need to retain and maintain the temporary fencing and that fines will be imposed for removal or damage of the fencing and trees.

c) No vehicular or pedestrian access, trenching or soil excavation is to occur within the Tree Protection Zone without the prior written consent of the Responsible Authority. No storage or dumping of tools, equipment or waste is to occur within the Tree Protection Zone.

8. A copy of the tree protection zones are to be included in any contract for the construction of the site or for any other works which may impact upon the trees.

9. Concurrent with the endorsement of plans, a Waste Management Plan (WMP) must be submitted to and approved by the Responsible Authority. The WMP must be generally in accordance with the WMP dated 29 March 2019 prepared by Leigh Design.

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.

10. 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.

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11. Concurrent with the endorsement of 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. The SMP must be generally in accordance with the SMP dated 12 April 2019 prepared by Ark Resources and include the following:

a) Consistency between all details within the SMP and on the development plans.

b) Achieve a minimum BESS score of 50% with a pass score for each of the Water, Energy, Stormwater and Indoor Environmental Quality categories. \

c) Achieve a minimum 6.5 star NatHERS average energy rating.

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

12. The project must incorporate the Water Sensitive Urban Design initiatives detailed in the Sustainable Management Plan and/or endorsed site plans.

13. Prior to the occupation of the development approved under this permit, a report from the author of the Sustainable 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 Sustainable Management Plan have been implemented in accordance with the approved plan.

14. Prior to the occupation of the building, fixed privacy screens (not adhesive film) designed to limit overlooking 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.

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

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16. Prior to an ‘Occupancy Permit’ being issued, a suitably qualified Engineer must carry out a detailed inspection of the completed stormwater drainage system and associated works including all water storage tanks and detention (if applicable) to ensure that all works have been constructed in accordance with the approved design and the relevant planning permit conditions.

17. The applicant must at their cost provide a stormwater detention system to restrict runoff from the development to no greater than the existing runoff based on a 1 in 10 A.R.I. to the satisfaction of Council’s Infrastructure Unit. Alternatively, in lieu of the stand-alone detention system, the owner may provide stormwater tanks that are in total 7,000 litres greater than those tanks required to satisfy WSUD requirements for the development. Those tanks must be connected to all toilets.

18. The existing footpath levels must not be lowered or altered in any way to facilitate access to the site.


20. All plant and equipment (including air-conditioning units) shall be located or screened so as to minimise visibility from any of the surrounding footpaths and from overhead views and shall be baffled so as to minimise the emission of unreasonable noise to the environment in accordance with Section 48A of the Environment Protection Act 1970 to the satisfaction of the Responsible Authority.

21. Prior to occupation of the building, any existing vehicular crossing made redundant by the building and works hereby permitted must be broken out and re-instated as standard footpath, naturestrip, kerb and channel at the permit holders cost to the approval and satisfaction of the Responsible Authority.



permit.

In accordance with Section 69 of the Planning and Environment Act 1987, a request may be submitted to the Responsible Authority within the prescribed timeframes for an extension of the periods referred to in this condition.

NOTES:

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

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B. 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 or palm:

a) with a trunk circumference of 140 cm or greater measured at 1.4 m above its base;

b) with a total circumference of all its trunks of 140 cm or greater measured at 1.4 m above its base;

c) with a trunk circumference of 180 cm or greater measured at its base; ord) with a total circumference of all its trunks of 180 cm or greater measured

at its base.

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.

C. 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

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

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

E. 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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3 PLANNING AMENDMENT 0490/16 - 230-234 TOORAK ROAD SOUTH YARRA – S72 AMENDMENT TO THE APPROVED RESIDENTIAL HOTEL TO ALLOW AN INCREASE IN HOTEL ROOMS FROM 93 TO 123 IN CONJUNCTION WITH INTERNAL AND EXTERNAL CHANGES TO THE BUILDING

MOTION: MOVED CR MARCIA GRIFFIN SECONDED CR JOHN CHANDLER

That consideration of Amended Planning Permit No: 490/16 for the land located at 230-234 Toorak Road, South Yarra be deferred for one Council Meeting cycle.

Carried

4 PLANNING APPLICATION 1285/18 - 62 ARTHUR STREET, SOUTH YARRA - USE AND DEVELOPMENT OF THE LAND FOR A SERVICED APARTMENT BUILDING IN A GENERAL RESIDENTIAL ZONE

MOTION: MOVED CR JOHN CHANDLER SECONDED CR MARCIA GRIFFIN

That a Notice of Decision to Grant a Planning Permit No: 1285/18 for the land located at 62 Arthur Street, South Yarra be issued under the Stonnington Planning Scheme for the use and development of the land for a serviced apartment building in a General Residential Zone subject to the following conditions:

1. This permit does not come into effect until such time as an amendment to Planning Permit 1345/00 is issued that removes the nine (9) car parking spaces that sit on the subject site from the abovementioned permit for 527 Chapel Street, South Yarra.

2. Before the commencement of the use and development, 1 copy of electronic plans drawn to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the advertised plans Council date stamped 8 February 2019 but modified to show:

a) Rear (south) setbacks increased to 1.4m at Level 2 from the southern boundary; and 2.5m setback at Level 3 from southern title boundary with no balconies to encroach within this setback.

b) The upper level is to be setback no less than 1.0 metre from the west title boundary except for the lift core and stair. This will involve the consequential reconfiguration and/or consolidation of Units 3.1, 3.2 and 3.3 ensuring that they each have a private balcony; and the removal of

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Unit 3.4.c) The upper level south and west wall to incorporate highlight windows

(sills no less than 1.7m above finished floor level) to improve daylight access and natural ventilation to the serviced apartment(s).

d) The upper level communal terrace must be setback a minimum distance of 2.0 metres from the north title boundary.

e) Highlight window added to the bathroom of Unit G.1 for natural ventilation.

f) Improved articulation and visual interest of the west on-boundary wall using high quality materials to the satisfaction of the Responsible Authority.

g) A plan detailing all areas entered into STORM Report.h) Roof plan notations to confirm the roof areas to be connected to the

rainwater tank.i) The rainwater tank to have a notation to confirm that it will be connected

to 10 units toilets and used for irrigation.j) Rainwater tank to be relocated to a lower level (or below ground) so as to

be fed by gravity unless otherwise agreed to by the Responsible Authority;

k) Plans must introduce vertical external shading to the eastern glazing to improve cooling loads. This can be in the form of operable louvres, sliding shutters or external blinds or otherwise to the satisfaction of the Responsible Authority.

l) The garden area at the corner of Arthur Street and Davison Place is to be designed so that any fence or landscaping in this location has a maximum height of 0.9m high to ensure sight distance is not impacted.

m) Plans to confirm the overall building height will not exceed a height of 10.7 metres, excluding plant screens and lift overrun.

n) The bin store to be annotated to confirm co-location of recycling as per the BESS Report.

o) External materials and finishes schedule to be updated to reflect the glazing and fabric assumptions included in the BESS assessment and to confirm the use of double glazing and that the reflectivity of glass and other finishes used on the building will not exceed 20%;

p) All balconies with an outlook to the south are to be shown via annotations on the plans and elevations as having screening up to a minimum of 1.7 metres above finished floor with obscure glass to limit views into No. 14 Davison Place;

q) The communal outdoor terrace is to be shown to be screened via annotations on the plans and elevations up to a minimum of 1.7 metres above finished floor with obscure glass or another material with no more than 25% transparency to limit views into No. 60 Arthur Street.

r) Plans to confirm the ground floor levels, in particular for the car spaces, to ensure that the finished floor levels match the actual existing levels of the right of way as shown on the plan.


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

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4. Prior to commencing any buildings and work, the Owner must at its cost enter into an agreement with the Responsible Authority under Section 173 of the Planning and Environment Act 1987 in a form to the satisfaction of the Responsible Authority requiring the Owner to acknowledge and confirm the following:

a) The use of all apartments within the development shown on the endorsed plans, shall be for serviced apartments only (excepting the provision of a manager’s residence if required) and may only be used as temporary accommodation up to one month at any time without the written further approval of the Responsible Authority.

b) All serviced apartments shall be leased to and managed by a single management entity and shall not be leased or otherwise occupied for any other form of occupation.

c) That the requirements contained in this agreement must form part of any lease of the premises which the owner of the land under this permit may enter into with another party.

d) Pursuant to the provisions of Section 181 of the Planning and Environment Act 1987 this agreement must be registered with the Registrar of Titles and must run with the land.

e) The owner of the land under this permit must pay the legal costs and be responsible for the preparation and registration of the said agreement.

5. 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 drawn to scale with dimensions. The landscape plan must be in accordance with the landscape concept plans Council date stamped 18 December 2019 prepared by John Patrick Landscape Architects, but modified to show:

a) Irrigation systems to be connected to the planters and how these are connected to the rainwater tanks on-site;

b) Updated to reflect the change to the front setback of the communal terrace from Arthur Street as required by Condition 2, ensuring no decrease in the depth of the planter.

6. Concurrent with the endorsement of any plans pursuant to Condition 2 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 2. The report must be in accordance with the SMP

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prepared by Northern Environmental Design dated 18 December 2019 but modified to show:

a) Preliminary NatHERS certificates to be included within the SMP to substantiate the figures stated in the SMP and entered into BESS.

b) BESS Report corrected to ensure correct inputs as follows:a. Washing Machine Water Efficiency has been “Scoped out”, however

this should be included with the ‘Default or unrated’ selected as per BESS notes.

b. Building Systems Water Use Reduction - as this credit has been claimed therefore the location of the fire test system water tank should be specified on the floor plans including tank capacity and intended re-use.

c. Correct daylight calculations in BESS.d. BESS 2.1 states 100% effective natural ventilation has been entered

into BESS however apartment 1.1 is single sided and greater than 5m deep so does not meet the BESS criteria.

e. BESS credit 2.2 has been claimed for convenience of recycling. The bin store on plans is to be annotated to confirm co-location of recycling.

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, a Waste Management Plan must be submitted to and approved by the Responsible Authority. The Waste Management Plan must be in accordance with the Waste Management Plan dated 1/2/2019 prepared by Northern Environmental Design, ensuring consistency with any plan changes as required by Condition 2.

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

9. Concurrent with endorsement of plans, the operator of the serviced apartments must submit an operational management plan to the satisfaction of the Responsible Authority. When approved, the management plan will be endorsed and will then form part of the permit. The management plan must establish the procedures for the serviced apartment complex, to ensure:

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a) There is a 24/7 presence of a manager to control and supervise the serviced apartments.

b) The nature of the management of the complex and the contact details of the manager.

c) A contact person and their telephone number must be displayed at the accommodation facility’s frontage at all times. The displayed telephone number must be contactable at all times (otherwise call forwarded to another appropriate person) to enable a prompt response to any operational complaints which may arise that require immediate attention, such as noise emissions or other issues of non-compliance with this permit.

d) Provision of information on local public transport and to encourage walking (e.g. information on facilities within walking distance, local public transport timetables, outlets for purchase of Myki tickets, car share services etc).

e) Provision to ensure that the serviced apartments do not cause negative impacts on the amenity of the surrounding area.

f) Rules regarding occupancy and behaviour of guests and visitors, including details of a sign to be displayed on the communal outdoor terrace advising guests that the terrace closes at 10pm daily.

g) Security measures to be put in place to restrict access to the serviced apartments for guests and their visitors only.

h) The means by which car spaces are to be allocated or booked out to guests.

i) Details of loading activity, including frequency and how this will be managed.


10. Before the use commences, 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 or surfaced with crushed rock or

gravel 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.

11. Prior to the commencement of use, the car spaces hereby approved must be made available and used by customers of the proposed service apartments at all times.

12. The communal outdoor roof terrace must be closed at 10pm each night.

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13. The external doors (north facing doors) to the indoor communal area must be closed at 10pm each night.

14. 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.


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

17. The minimum floor level of the building must be at least 12.20m A.H.D.

18. Prior to occupation, access for persons with disabilities must be provided in compliance with the Disability Discrimination Act 1992 and such access must be maintained at all times the building is occupied or in use.

19. Prior to the commencement of use, the applicant must display a sign at the exit of the premises advising patrons to respect the amenity of adjacent residential areas and to leave in a quiet and orderly manner, to the satisfaction of the Responsible Authority

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

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

22. Prior to the commencement of use, the walls on the boundary of the adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.

23. Prior to the occupation of the building, any fixed privacy screens (not adhesive film) designed to limit overlooking 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.

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24. 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.

25. 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.

26. All plant and equipment (including air-conditioning units) shall be located or screened so as to minimise visibility from any of the surrounding footpaths and from overhead views and shall be baffled so as to minimise the emission of unreasonable noise to the environment in accordance with Section 48A of the Environment Protection Act 1970 to the satisfaction of the Responsible Authority.

27. Concurrent with the endorsement of plans, the applicant must provide a Water Sensitive Urban Design Response addressing the Application Requirements of the Water Sensitive Urban Design Policy to the satisfaction of the Responsible Authority. All proposed treatments included within the Water Sensitive Urban Design Response must also be indicated on the plans. The response must be updated to address the following:

i. An indicative site management plan which details how the site will be managed through construction to prevent litter, sediments and pollution entering stormwater systems.

ii. A maintenance program which sets out future operational and maintenance arrangements.

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



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

In accordance with Section 69 of the Planning and Environment Act 1987, a request may be submitted to the Responsible Authority within the prescribed timeframes for an extension of the periods referred to in this condition.

NOTES:

The serviced apartments hereby approved are not eligible to receive “Resident Parking Permits”.

This permit does not constitute any authority to carry out any building works or

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occupy the building or part of the building unless all relevant building permits are obtained.

Unless a permit is not required under the Stonnington Planning Scheme, signs must not be constructed or displayed without a further planning permit.

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.

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

5 PLANNING SCHEME AMENDMENT C282 - THE AVENUE PRECINCT EXTENSION AND THREE INDIVIDUAL PLACES - PANEL REPORT

MOTION: MOVED CR MELINA SEHR SECONDED CR STEVEN STEFANOPOULOS That Council:

1. NOTE the public release of the Panel Report of Amendment C282.

2. ENDORSE Amendment C282 to the Stonnington Planning Scheme, with changes since exhibition pursuant to Section 29(1) of the Planning and Environment Act 1987.

3. SUBMIT the adopted Amendment C282 to the Minister for Planning for approval, in accordance with Section 31(1) of the Planning and Environment Act 1987.

4. ADVISE the submitters to Amendment C282 of Council’s decision.

Carried

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6 BETTER APARTMENTS IN NEIGHBOURHOODS DISCUSSION PAPER 2019

MOTION: MOVED CR MARCIA GRIFFIN SECONDED CR GLEN ATWELL

That Council ENDORSE the submission to the State Government on the Better Apartments in Neighbourhoods Discussion Paper 2019.

Carried

7 APPOINTMENT OF AUTHORISED OFFICERS PURSUANT TO THE PLANNING AND ENVIRONMENT ACT 1987 - STATUTORY PLANNING

MOTION: MOVED CR MARCIA GRIFFIN SECONDED CR JOHN CHANDLER

That Council APPROVE and SEAL the attached Instrument of Authorisation pursuant to the Planning and Environment Act 1987 from Council to:

a) William Rief;b) Ramsay Jurdi; andc) Sara Krepp.

Carried

8 COMMUNITY CONSULTATION - EFFECTIVE CONTROL OF DOGS

MOTION: MOVED CR MATTHEW KOCE SECONDED CR MELINA SEHR

That Council:

1. ENDORSE the proposed Community Consultation Methodology on the effective control of dogs.

2. NOTE that a further report to Council on the outcome of the consultation process will be presented, upon conclusion of the consultation process.

Carried

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9 CHILDREN, YOUTH AND FAMILY STRATEGY - YEAR ONE ACTION REPORT

MOTION: MOVED CR SALLY DAVIS SECONDED CR GLEN ATWELL That Council NOTE the Year One outcomes of the Children, Youth and Family Strategy.

Carried

10 VICTORIA TERRACE, SOUTH YARRA - TRIAL CLOSURE EVALUATION REPORT

MOTION: MOVED CR MATTHEW KOCE SECONDED CR MARCIA GRIFFIN That Council:1. Proceed with consultation in accordance with Section 223 of the Local

Government Act for the permanent closure of Victoria Terrace, South Yarra at the intersection with River Street, under Schedule 11 clause 9 of the Local Government Act;

2. Notify those properties in the area bounded by Chapel Street, Alexandra Avenue, Toorak Road, and properties Fronting Tivoli Road and Copelen Street, of the proposal and the Section 223 process;

3. A further report be presented to Council at the conclusion of the Section 223 consultation process outlined in point 1;

4. Those previously consulted be advised of this decision. A Division was called by Cr Koce:For: Crs John Chandler, Melina Sehr, Matthew Koce, Marcia Griffin, Sally

Davis, Glen Atwell and Steven StefanopoulosAgainst: NilAbsent: Crs Jami Klisaris and Judy Hindle

Carried unanimously

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11 BOWEN STREET, PRAHRAN - PROPOSAL TO INSTALL 2-HOUR PARKING RESTRICTIONS

MOTION: MOVED CR MELINA SEHR SECONDED CR STEVEN STEFANOPOULOS That Council:1. ENDORSE the installation of 2-HOUR parking restrictions on the north side of

Bowen Street from 10m east of the intersection with Williams Road to 10m west of the intersection with Packington Street operating 10am to 6pm Monday, and 9am to 6pm Tuesday to Friday;

2. ENDORSE the installation of 2-HOUR parking restrictions on the south side of Bowen Street from 10m east of the intersection with Williams Road to 10m west of the intersection with Packington Street operating 10am to 6pm Tuesday, and 9am to 6pm Monday, Wednesday to Friday;

3. NOTE that the property occupiers previously consulted be notified of the decision.

Carried

12 STREET TREE POLICY

MOTION: MOVED CR MATTHEW KOCE SECONDED CR MARCIA GRIFFIN That Council:1. ENDORSE the Street Tree Policy 2019, as annexed to this report.

2. NOTE that the Street Tree Policy will be published on Council’s website.

Carried

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13 SUSTAINABILITY SNAPSHOT 2018-19

MOTION: MOVED CR MATTHEW KOCE SECONDED CR GLEN ATWELL That Council:1. NOTE the ongoing progress towards achieving the goals of the Sustainable

Environment Strategy 2018-23.

2. NOTE that the Sustainability Snapshot 2018-19 will be published to outline Council’s achievements in regards to sustainability.

Carried

14 DONALD STREET TREES

MOTION: MOVED CR MELINA SEHR SECONDED CR STEVEN STEFANOPOULOS That Council ENDORSE the officer recommendation that the City of Stonnington:

1. Supports the removal and replacement of 5 street trees, being in poor condition or structure in Donald Street Prahran, between Athol Street and 77 – 78.

2. Surveys the residents of Donald Street to identify a preferred tree species for replacement and infill plantings in the street.

3. Plants an additional 11 infill trees in vacant sites with the residents’ preferred species.

4. If the residents’ preferred species is not the recently planted Chinese Pistachio, remove and replace the 3 recently planted trees of this species with the residents’ preferred species.

5. Future plantings to be the residents’ preferred species 6. Notifies the residents of Donald Street of the Council decision,

Carried

Other General Business

Cr Griffin advised that she wished to make a personal statement.

“ I wish to express my deep disgust about the disgraceful anti-Semitic graffiti recently posted in our city. I feel ashamed that this could happen here. We hear loud outcries against all sorts of vilification and racism but far too little is said about anti-Semitism. I feel the same shame when I

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see the need for guards outside Jewish schools and other organisations in Stonnington. Our city is more than fortunate to have a community that makes such a positive contribution to both our city and country.”

Cr Koce noted he had attended the Stonnington Reconciliation Annual General Meeting.

Cr Koce also noted that Prahran Square carpark is bright and looks wonderful and is being embraced and used by the public.

N. Urgent BusinessNil

O. Confidential BusinessNil

There being no further business the meeting closed at 8:03pm.

Confirmed on Monday 30 September 2019

...................................................................................CR STEVEN STEFANOPOULOS, MAYOR

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ASSEMBLY OF COUNCILLORS RECORDThis Form MUST be completed by the attending Council Officer and returned IMMEDIATELY to Judy Hogan – Civic Support Officer

ASSEMBLY DETAILS

STRATEGIC PLANNING ADVISORY COMMITTEE

Date and Time: Monday, 2 September 2019, 5.00pm

Assembly Location: Meeting Room 1.1, 311 Glenferrie Road, Malvern

IN ATTENDANCE

Councillors:

Cr Chandler

Cr Hindle

Cr Stefanopoulos

Council Officers:

Stuart Draffin, General Manager Planning & Amenity Hannah McBride-Burgess, Manager City Strategy

Jacqui Weatherill, Chief Executive Officer Ashlee Harris, EA to the GM Planning & Amenity

Matter/s Discussed:

Conflict of interest

Toorak Road level crossing removal project

Melbourne Metro

Hawksburn Activity Centre

Planning Policy Framework Translation

Ministerial Amendment Request

Early Modern, Interwar and Postwar Neighbourhood Character Overlays

Tabled at Council Meeting

16 September 2019

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Other business –heritage media reports

CONFLICT OF INTEREST DISCLOSURES: NoneCouncillors:

None declared

Council Officers:

None declared

Form completed by: Ashlee Harris

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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: Monday 9 September 2019

Time: 6pm

Assembly Location: Committee Room, Level 2, 311 Glenferrie Road, Malvern

IN ATTENDANCE

Councillors:

Cr S Stefanopoulos (Mayor)

Cr G Atwell (Apology) Cr J Klisaris

Cr J Chandler Cr J Hindle (Apology) Cr M Griffin

Cr M Koce (Apology) Cr M Sehr Cr S Davis

Council Officers:

Jacqui Weatherill Stuart Draffin Madeleine Grove

Cath Harrod Geoff Cockram Jane Spence

Rick Kwasek Hannah McBride-Burgess Ian McLauchlan

Tracey Limpens Anthony de Pascale Simon Holloway

Jim Carden Michael van Oosternwick

Matter/s Discussed:1. COUNCILLOR DISCUSSION2. ANNUAL REPORT 2018-193. PLANNING APPLICATION 1121/18 - KOROWA GIRLS' SCHOOL - 10-16 RANFURLIE CRESCENT GLEN

IRIS - PARTIAL DEMOLITION, CONSTRUCTION OF A NEW BUILDING AND WORKS ASSOCIATED WITH A SECTION 2 USE (EDUCATION CENTRE) IN A GENERAL RESIDENTIAL ZONE, HERITAGE OVERLAY AND INCORPORATED PLAN OVERLAY

4. PLANNING APPLICATION 1135/18 - 1-9 SYLVESTER CRESCENT, MALVERN EAST - CONSTRUCTION OF A MULTI-DWELLING DEVELOPMENT IN A RESIDENTIAL GROWTH ZONE AND GENERAL RESIDENTIAL ZONE

5. PLANNING AMENDMENT 0490/16 - 230-234 TOORAK ROAD SOUTH YARRA – S72 AMENDMENT TO THE APPROVED RESIDENTIAL HOTEL TO ALLOW AN INCREASE IN HOTEL ROOMS FROM 93 TO 123 IN CONJUNCTION WITH INTERNAL AND EXTERNAL CHANGES TO THE BUILDING

6. PLANNING APPLICATION 1285/18 - 62 ARTHUR STREET, SOUTH YARRA - USE AND DEVELOPMENT OF THE LAND FOR A SERVICED APARTMENT BUILDING IN A GENERAL RESIDENTIAL ZONE

7. PLANNING SCHEME AMENDMENT C282 - THE AVENUE PRECINCT EXTENSION AND THREE INDIVIDUAL PLACES - PANEL REPORT

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8. BETTER APARTMENTS IN NEIGHBOURHOODS DISCUSSION PAPER 20199. APPOINTMENT OF AUTHORISED OFFICERS PURSUANT TO THE PLANNING AND ENVIRONMENT ACT

1987 - STATUTORY PLANNING10. COMMUNITY CONSULTATION - EFFECTIVE CONTROL OF DOGS11. VICTORIA TERRACE, SOUTH YARRA - TRIAL CLOSURE EVALUATION REPORT12. BOWEN STREET, PRAHRAN - PROPOSAL TO INSTALL 2-HOUR PARKING RESTRICTIONS13. SUSTAINABILITY SNAPSHOT 2018-1914. STREET TREE POLICY15. DONALD STREET TREES16. CHILDREN, YOUTH AND FAMILY STRATEGY - YEAR ONE ACTION REPORT

CONFLICT OF INTEREST DISCLOSURES: including time left and returned to meetingCouncillors:

NIl

Council Officers: Nil

Form completed by: Judy Hogan

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ASSEMBLY OF COUNCILLORS RECORDThis Form MUST be completed by the attending Council Officer and returned IMMEDIATELY to Judy Hogan – Civic Support Officer

ASSEMBLY DETAILS

STRATEGIC COMMUNICATION & ENGAGEMENT ADVISORY COMMITTEE

Date and Time: Monday, 9 September 2019, 4.30pm

Assembly Location: Meeting Room 1.1, 311 Glenferrie Road, Malvern

IN ATTENDANCE

Councillors:

Cr Davis Cr Stefanopoulos

Council Officers:

Jacqui Weatherill, CEO Jim Carden, Manager Communications

Tracey Limpens, Manager Advocacy, Performance & Customer Experience

Vanessa Davis, EA to CEO

Rick Kwasek, Interim General Manager City Environment

Sean Ross, Senior Communications Advisor

Matter/s Discussed:

Communications Strategy

New Website Project

Communications Issues management process & preparation

Engagement overview

Introducing customer experience project & principles

Tabled at Council Meeting

16 September 2019

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CONFLICT OF INTEREST DISCLOSURES: NoneCouncillors:

None declared

Council Officers:

None declared

Form completed by: Vanessa Davis

Minutes of Council Meeting - 16 September 2019 · Web view2019/09/16 · Swimming Pool 17. Unless...

Documents

Transcript of Minutes of Council Meeting - 16 September 2019 · Web view2019/09/16 · Swimming Pool 17. Unless...