Minutes of Council Meeting - 24 April 2017...LANNING A PPLICATION 703/16 - 43-45 G ARDEN S TREET, S...

MINUTES of the ORDINARY MEETING of the STONNINGTON CITY COUNCIL

held in the COUNCIL CHAMBER, MALVERN TOWN HALL (CORNER GLENFERRIE ROAD & HIGH STREET, MALVERN)

on

24 April 2017

COUNCIL MINUTES MONDAY 24 APRIL 2017

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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 10 APRIL 2017 ......................... 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 PERMIT APPLICATION 971/13 - 176 WATTLETREE ROAD, MALVERN - S72 AMENDMENT TO THE APPROVED PLANNING PERMIT COMPRISING FURTHER ALTERATIONS AND ADDITIONS AT GROUND FLOOR AND THE INCLUSION OF A FIRST FLOOR AT THE REAR OF THE EXISTING BUILDING ACCOMMODATING THE DWELLING. .................................. 12

2. PLANNING APPLICATION 1119/16 - 7-9 ROBINSON STREET, PRAHRAN – CONSTRUCTION OF A FIVE STOREY MIXED USE DEVELOPMENT IN A COMMERCIAL 1 ZONE ................................................................................. 13

3. PLANNING APPLICATION 703/16 - 43-45 GARDEN STREET, SOUTH YARRA – CONSTRUCTION OF A MIXED USE DEVELOPMENT IN A COMMERCIAL 1 ZONE, DESIGN AND DEVELOPMENT OVERLAY AND ENVIRONMENTAL AUDIT OVERLAY, REDUCTION IN THE CAR PARKING REQUIREMENT AND WAIVER OF LOADING FACILITIES. .................................... 14

4. AMENDMENT C238 - PERMANENT HERITAGE PROTECTION FOR 29 & 31 PHOENIX STREET, SOUTH YARRA - ADOPTION......................................... 17

L1. AMENDMENTS C258 AND C259 - HERITAGE PROTECTION FOR 47-49 HUNTINGTOWER ROAD, ARMADALE ............................................................. 17

5. ENERGY CONSERVATION AND GREENHOUSE GAS EMISSIONS REDUCTION ................................................................................................ 17

6. ELIZABETH STREET, MALVERN - TOORAK ROAD ARTERIAL INTERSECTION - FOLLOW-UP REPORT .......................................................... 18

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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M. OTHER GENERAL BUSINESS

N. URGENT BUSINESS

O. CONFIDENTIAL BUSINESS


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PRESENT : CR JAMI KLISARIS, MAYOR : CR GLEN ATWELL : CR MARCIA GRIFFIN : CR JOHN CHANDLER : CR SALLY DAVIS : CR JUDY HINDLE : CR MATTHEW KOCE : CR MELINA SEHR : CR STEVE STEFANOPOULOS

COUNCIL OFFICERS PRESENT

: WARREN ROBERTS, CEO : GEOFF COCKRAM : SIMON THOMAS : TONY OULTON : STUART DRAFFIN : FABIENNE THEWLIS : ALEXANDRA KASTANIOTIS : JUDY HOGAN


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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 7.01pm.

The Mayor Cr Klisaris introduced the Councillors and the CEO. The CEO Warren Roberts introduced the officers.

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 - 10 April 2017

MOTION: MOVED CR JOHN CHANDLER SECONDED CR SALLY DAVIS That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 3 April 2017, Minutes of the Confidential Meeting of Council held on 3 April 2017, and the Minutes of the Special Meeting of Council held on 10 April 2017 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

Nil

E. Questions to Council from Members of the Public

The Mayor Cr Klisaris read the following statements:

During Council’s previous Ordinary Meeting two (2) sets of questions to Council were received

from members of the public. All questions were relating to the proposed Stonnington Indoor

Stadium, the Chadstone Bowling Club and Shopping Centre and Percy Treyvaud Reserve.

At the time, I used my discretion available to me under Council’s General Local Law not to answer

the questions at the meeting. As required under the Local Law, written answers were

subsequently provided to the submitters. A copy of the responses is now tabled for inclusion in the

minutes.


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1. Questions and response to Jim Ryan

Question 1

What has Council done to date to consult with the local residents and plan to do in the future?

Response

At this stage Council has resolved to complete a feasibility study into the proposed development of an indoor stadium in the north-western corner of Percy Treyvaud Memorial Park on land owned by Council and currently used by the Chadstone Bowls Club.

This is in response to a demonstrated shortage of indoor courts in Stonnington to meet current and future demand for a number of sports. Council is seeking a suitable site so that it can address the active recreation needs of our growing population.

With information gathered during the feasibility study and a commitment from Council to proceed, a project proposal will be developed. The community will be given a number of opportunities to provide their feedback on any such proposal before any decision is made to implement it.

Question 2

What is Council’s position regarding future traffic and parking in Abbotsford Avenue?

Response

A traffic and parking assessment will be undertaken as part of the feasibility study. This assessment will consider the movement of vehicles and the capacity for parking on the site and in the surrounding streets.

Question 3

What does Council think the direct impact of this development will be on my property?

Response

The feasibility study will include the preparation of a Social Impact Assessment that identifies and assesses the social impacts that are directly related to the project, and propose measures to enhance potential positive impacts and strategies to avoid, manage, mitigate or offset the predicted negative project impacts.

Question 4

How does Council propose to protect my residence from the impacts associated with the development?

Response

The feasibility study will include the preparation of a Social Impact Assessment that identifies and assesses the social impacts that are directly related to the project, and propose measures to enhance potential positive impacts and strategies to avoid, manage, mitigate or offset the predicted negative project impacts.


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Question 5

What is the position of each Councillor in the East Ward on this development?

Response

Councillors will consider the findings of the feasibility study before making any decision on the future of the proposal.

2. Questions and responses to Bernadette Clegg

Question 1

In correspondence dated 21 March 2017, the Mayor, Cr Klisaris stated that "To my knowledge there have not been any conversations with any third parties regarding the use of the car park associated with the proposed stadium for any purpose other than accommodating the parking requirements of stadium users."

Will the CEO, Mr Warren Roberts, please advise whether he or any of his staff have had discussions with the owners of or representatives from Chadstone Shopping Centre regarding the use of the car park associated with the proposed stadium?

Response

This question was asked on 6 March 2017 and a response provided on 21 March 2017.

Question 2

Will the Mayor and CEO categorically state that neither they nor any Council staff have had discussions with the owners of or representatives from Chadstone Shopping Centre regarding funding of any part of the proposed stadium or car park?

Response

This question was asked on 6 March 2017 and a response provided on 21 March 2017.

For tonight’s Ordinary Meeting of Council six (6) sets of Questions to Council have been received

for response. In accordance with clause 424 of Council’s General Local Law a summary of the

questions is as follows:-

Two questions from Ms Bevilacqua

The questions are relating to:

• Why the Prahran Netball Association is not looking into other options and hiring school

facilities; and who will be paying for this when the elderly in our community are neglected?

Five questions from Mr Widdop


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• Can the Council process for the preferred site for the stadium for the Prahran Netball

Association be explained without community consultation?

• Why is the Chadstone Bowls site the preferred site away from Prahran?

• Will the feasibility study on the Chadstone Bowls Club site include any communications with

residents in the streets immediately surrounding the site to gauge reaction and how?

• How does Chadstone Bowls Club which did not seem to fit the criteria explained in Questions

to Council of 20 February 2017 ruling out use of open space and sportsground, be

considered when it meets this criteria.

• Is a risk analysis proposed on the estimated extra healthcare costs by being relocated from

this facility

Two questions from Ms Maher.


• What work has been done to gauge the impact of an increase of traffic in the local area by an

estimated 2000%

• The parameters within which a decision on traffic flow is acceptable and reasonable hours of

business

Five questions from Ms Baxter

The questions are relating to the:

• How will the sports of tennis, lacrosse and cricket be adequately able to access their

particular venues and not be affected by the increase of traffic, noise and lack of access to

socialise at a community resource

• Which Councillors/Council Officers have played lawn bowls, visited the Chadstone Bowls

Club or regularly played any outdoor team sport since aged 23 with the Chadstone Bowls

Club?

• Was the published research into the benefits of outdoor sport on health and well being in

adolescents considered and was the impact of the removal of this outdoor sporting venue

and the impact on the surrounding sports of tennis, lacrosse and cricket considered by

Councillors?

• Why a minimum of four courts/which could be more

Three questions from Mr Clegg



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• Questions on procedural fairness over 350 existing members of the Chadstone Bowls Club

being displaced and the increased traffic in the area and primary school grounds but not

compromise two sporting grounds

• How will the feasibility study address Council Officer bias

• Are Councillors prepared for a study to proceed given past reports with omissions and bias

Three questions from Ms Clegg


• The name of the five or six sites which were shortlisted and deemed suitable for the

proposed stadium and the process undertaken to shortlist the sites.

• Please explain the criteria which was used to deem these sites less suitable than Percy

Treyvaud Park

Council will answer the questions, but I use my discretion under Clause 424 (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.

F. Correspondence – (only if related to council business) Cr Davis tabled the following correspondence:

• Email (24/4/17) from resident of Steele Street Malvern East regarding the condition and lack of maintenance of the pond and the old waterfall and footpath near the toilet block in Hedgeley Dene Gardens and also the building works in Kardella Street that are impacting on the adjacent walkway to the Gardens.

Cr Griffin tabled the following correspondence:

• Email (19/4/17) thanking Council for the prompt action in removal of an abandoned vehicle in Mathoura Road Toorak recently.

• Email (5/4/17) from resident of Tivoli Road South Yarra providing comments on the report that went to Council on 6 February 2017 regarding the proposed closure of Victoria Terrace.

• Email from resident of Canterbury Road Toorak with further comments on the traffic issues in Canterbury Road in response to Council’s reply to previous correspondence.

Cr Atwell tabled the following correspondence:

• Letter tabled at East Ward meeting of 19 April 2017 from resident of Carrum Street Malvern East outlining his concerns with the proposed stadium at the Chadstone Bowls Club site.

• Email (24/4/17) from regular user of Harold Holt Aquatics Centre commenting Council on the re-tiling works and pleasure in attending again now.

Cr Klisaris tabled the following correspondence:

• Email (18/4/17) from President of East Malvern Junior Football Club expressing frustration and concern about trying to get additional hours at Basil Reserve to enable the expanding girls football teams to be accommodated.

• Email (18/4/17) from resident of Egerton Road Armadale expressing frustration at inability to car space installed in the front of their property due to Council policies which they consider


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are breached already on other properties in area and asking for re-consideration of their request.

• Email (4/4/17) from resident of Munro Street Armadale objecting to Planning Permit application at 969-975 High Street Armadale and outlining reasons why.

G. Questions to Council Officers from Councillors A Hedgeley Dene Gardens

Cr Davis referred to an email she tabled under correspondence regarding the condition and maintenance of Hedgeley Dene Gardens particularly the pond and the former waterfall and asked that this be investigated.

Simon Thomas General Manager Assets and Services advised that a report will be prepared for a Councillor Briefing.

B Prahran High School Cr Sehr advised that works have now commenced at the Prahran High School site however there is a pedestrian crossing near the former Prahran Primary School site at 67 High Street that is rarely used with people crossing High Street to get to the railway station in other places which is dangerous. Cr Sehr asked if VicRoads could be contacted with a request to have this crossing relocated to near the Prahran Railway Station.

Simon Thomas General Manager Assets and Services advised that this matter would be followed up.

C Victoria Gardens Cr Sehr advised that the power in Victoria Gardens at the War Memorial was not working on the past weekend when they had their Anzac ceremony and asked that this be investigated.

Simon Thomas General Manager Assets and Services advised that this matter would be followed up.

D Air Rights over VicTrack property Cr Sehr advised that VicTrack is selling off air rights over its property and asked why Councils have not been offered the opportunity to buy such rights as current proposals by developers are causing great angst in the community. Cr Sehr asked if this could be followed up.

Stuart Draffin General Manager Planning and Amenity advised that this would be investigated.

E Prahran High School works – Impact on St John’s Street Cr Sehr advised that large trucks from the Prahran High School works are using St John’s Street Windsor which is too small for such traffic and asked if this can be followed up.

Simon Thomas General Manager Assets and Services advised that he will have this investigated.


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F Prahran RSL Hall – Toilets Cr Sehr asked when the Disability Access toilets at Prahran RSL Hall would be installed and has the work on the Men’s toilets been completed yet.

Simon Thomas General Manager Assets and Services advised that a memo will be sent advising of the progress of these works.

G Prahran High School works Cr Hindle advised that South Ward Councillors had been approached for their views on the cutting down of the 24 large trees at the High School site which Cr Hindle had indicated she did not support but they were cut down anyway. Why did this happen could it have been controlled before the land was transferred?

Simon Thomas General Manager Assets and Services noted that Council staff were also devastated at the loss of such tree stock however it is State Government land and out of Council’s control which had only been for a short period before transfer.

H Prahran High School replacement trees Cr Hindle noted that 48 replacement trees are supposed to go back onto this site however she questions where they will be going?

The CEO Warren Roberts advised that a report will be brought to a Councillor Briefing about the landscaping on this very constrained site and compromises that have had to be made as a result.

H. Tabling of Petitions and Joint Letters Cr Klisaris tabled a letter with attached multi-signatures of 14 residents of Sycamore Street Malvern East seeking parking restrictions in their street and outlining the reasons for this request.

PROCEDURAL MOTION: MOVED CR MARCIA GRIFFIN SECONDED CR JUDY HINDLE That the multi-signatured letter from residents of Sycamore Street Malvern East be received.

Carried

I. Notices of Motion Nil

J. Reports of Special and Other Committees The CEO Warren Roberts tabled the following:

• Assembly of Councillors Record for the Councillor Briefing held on 10 April 2017.


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K. Reports of Delegates Cr Davis reported on her involvement with the Level Crossing Removal Authority (LXRA)Stakeholder Group meeting (which includes the Skyrail) that she attended recently. Cr Davis noted that Stonnington residents are affected despite the comments that they are not by the LXRA. Indeed Cr Davis noted that Stonnington Council were only briefed on the project on 10 April 2017. As a result Cr Davis has asked that this be followed up by LXRA urgently. Cr Davis advised that she will raise this under Urgent Business to get the CEO to write to LXRA on this matter.

Cr Davis noted that she continues to follow up on the Gardiner Station project that has been completed, on a number of issues.

Cr Davis reported on her attendance at the Metropolitan Transport Forum. This Infrastructure Victoria Forum is an independent statutory authority and a 30 year Infrastructure Strategy for Victoria was tabled at with the State Government in December 2016 with 137 recommendations, many of which commented in respect to increased housing density. The State Government is to respond by the end of the year. Council’s Officer representative asked about the South Yarra Railway Station and did not receive a reply.satisfactory explanation.(corrections on adoption of the minutes at Council meeting of 8 May 2017)

Cr Davis reported that she and Cr Atwell had attended the Malvern East RSL Anzac service on Sunday and she had the opportunity to speak with a WWII veteran on his service in what is now known as the SAS and the difficulties he has faced since that time since he returned. Thank you hardly seems enough on this eve of Anzac Day. Lest We Forget.

Cr Atwell reported on the East Ward meeting held on 19 April 2017 at the Phoenix Park Community Centre with a large crowd predominantly there about the proposed stadium and Chadstone Bowls Club.

The Mayor Cr Klisaris reported on her attendance at the annual conference of the Australian Local Government Women’s Association. Cr Klisaris advised that one of the key topics was on domestic violence and cited some disturbing statistics in respect to this matter and community understanding. Other topics included women’s participation in Local Government and lack of flexibility in workplaces. Cr Klisaris said this was an excellent conference an urge Councillors both male and female to attend in the future.

The Mayor Cr Klisaris reported on her attendance, with the CEO Warren Roberts, at the MAV Metropolitan dinner and conference recently. The review of the Local Government Act was a hot topic with a two year term for Mayors strongly mooted which is not supported by City Councils but is by Country Councils on the issue of time, power and relationship between the Mayor and CEO. The metropolitan Councils indicated their issues with this are that most Councillors cannot take two years out of their work life to undertake this role; questioned how to remove a Mayor if they are not up to the task; and additional powers proposed for Mayor.

Cr Klisaris advised that the annual MAV State Conference is on 12 May and urged Councillors to attend.

L. General Business

1 PLANNING PERMIT APPLICATION 971/13 - 176 WATTLETREE ROAD, MALVERN - S72 AMENDMENT TO THE APPROVED PLANNING PERMIT COMPRISING FURTHER ALTERATIONS AND ADDITIONS AT GROUND FLOOR AND THE INCLUSION OF A FIRST FLOOR AT THE REAR OF THE EXISTING BUILDING ACCOMMODATING THE DWELLING.

MOTION: MOVED CR STEVE STEFANOPOULOS SECONDED CR MELINA SEHR That a Notice of Refusal to Amend Planning Permit No. 971/13 for the land located at 176 Wattletree Road Malvern be issued under the Stonnington Planning Scheme for a S72


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amendment to approved permit comprising further alterations and additions at ground floor and the inclusion of a first floor at the rear of the existing building on the following grounds: 1. The proposed development by virtue of excessive scale, massing and lack of open

space constitutes an overdevelopment of the land that fails to respond to the existing or preferred character of the area.

2. The extent of built form to the rear of the site is excessive and does not respect the

backyard character of the area.

3. The proposed development fails to provide appropriate setbacks from the boundaries. In particular, the built form of the ‘conservatory room’ along the Soudan Street boundary will present as a dominate element and will have a negative impact on the streetscape character.

4. The proposed extension to the medical centre use is unclear and excessive given that

a maximum of two (2) Health Service Providers will be on site at any one time.

A Division was called by Cr Hindle: For: Crs John Chandler, Melina Sehr, Jami Klisaris, Matthew Koce, Marcia

Griffin, Sally Davis, Glen Atwell, Judy Hindle and Steve Stefanopoulos Against: Nil Absent: Nil

Carried

2 PLANNING APPLICATION 1119/16 - 7-9 ROBINSON STREET, PRAHRAN – CONSTRUCTION OF A FIVE STOREY MIXED USE DEVELOPMENT IN A COMMERCIAL 1 ZONE

MOTION: MOVED CR MELINA SEHR SECONDED CR STEVE STEFANOPOULOS That a Notice of Refusal to Grant a Planning Permit No: 1119/16 for the land located at 7-9 Robinson Street, Prahran be issued under the Stonnington Planning Scheme for construction of a mixed use development and use of the land for dwellings in a Commercial 1 Zone, reduction in the car parking requirements and waiver of the loading and unloading requirements on the following grounds: 1. The height, scale, and design of the proposal is out of character with the existing

neighbourhood and is at odds with the relevant State and Local Planning Policies including the proposed Hawksburn Village Structure Plan.

2. The proposal, through its excessive height, scale and insufficient upper level setbacks, will result in excessive visual bulk and constitutes an overdevelopment of the site and fails to meet State and Local Planning Policies.

3. The design of the proposed accessible car space does not comply with the Australian Standards. Compliance with the Standard will result in the loss of car parking and the car parking waiver will have a negative impact on the surrounding area. The car parking provision does not comply with Clause 52.06 of the Stonnington Planning Scheme.


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4. The proposal will adversely impact on the amenity of the adjoining properties to the north through visual bulk and overlooking.

5. The height and bulk of the building towards the south of the site results in the development substantially overshadowing the Southern footpath of Robinson Street.

6. The height and bulk of the proposed building fails to provide a suitable transition to the Neighbourhood Residential Zone to the south of Robinson Street.

A Division was called by Cr Hindle: For: Crs John Chandler, Melina Sehr, Jami Klisaris, Matthew Koce, Marcia

Griffin, Sally Davis, Glen Atwell, Judy Hindle and Steve Stefanopoulos Against: Nil Absent: Nil

Carried

3 PLANNING APPLICATION 703/16 - 43-45 GARDEN STREET, SOUTH YARRA – CONSTRUCTION OF A MIXED USE DEVELOPMENT IN A COMMERCIAL 1 ZONE, DESIGN AND DEVELOPMENT OVERLAY AND ENVIRONMENTAL AUDIT OVERLAY, REDUCTION IN THE CAR PARKING REQUIREMENT AND WAIVER OF LOADING FACILITIES.

MOTION: MOVED CR JOHN CHANDLER SECONDED CR MARCIA GRIFFIN That a Notice of Decision to Grant a Planning Permit No: 703/16 for the land located at 43-45 Garden Street, South Yarra be issued under the Stonnington Planning Scheme for construction of a mixed use development in a Commercial 1 Zone, Design and Development Overlay and Environmental Audit Overlay, reduction in the car parking requirement and waiver of loading facilities 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 plans advertised October 2016 but modified to show:

a) The building clearance over the rear carriageway easement increased to a minimum of 5.4 metres above the surface level of the carriageway. The internal layout of the office levels above may be modified to accommodate this requirement.

b) Deletion of the seventh level

c) Allocation of car spaces to particular dwellings.

d) Manufacturers specifications of car stackers.

e) The pedestrian door to the rear car park modified so the door does not open into the parking area as shown on swept path diagrams dated 15 December 2016.

f) Dimensions of bicycle parking consistent with manufacturers specifications.

g) Shading to the north facing glazing of dining rooms of Apartments 402, 502, 602 and 702.

h) Any changes required by Condition 3.

i) Any changes required by Condition 5.


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All to the satisfaction of the Responsible Authority.

2. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason (unless the Stonnington Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority.

3. 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 generally in accordance with the SMP prepared by Urban Digestor dated 27 July 2016 but modified to show:

a) The BESS Report updated to refer to 43-45 Garden Street.

b) The BESS Report updated to refer to the correct number of dwellings, office space and retail space.

c) The BESS accepted as a finalised report, rather than draft.

d) The correct number of proposed bicycle spaces consistent with the plans.

e) A site management plan which details how water sensitive urban design will be managed through construction in accordance with Clause 22.18 of the Stonnington Planning Scheme.

All to the satisfaction of the Responsible Authority.

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

4. Prior to the 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.

5. 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 prepared by Leigh Design dated 26 July 2016 but amended to reflect the conditions of the permit. 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.

6. Before a sensitive use (residential use, child care centre, pre-school centre or primary school) commences or before the construction or carrying out of buildings and works in association with a sensitive use commences, either:

a) A certificate of environmental audit must be issued for the land in accordance with Part IXD of the Environment Protection Act 1970, or

b) An environmental auditor appointed under the Environment Protection Act 1970 must make a statement in accordance with Part IXD of that Act that the environmental conditions of the land are suitable for the sensitive use.


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Before the occupation of the building all the conditions of the Statement of Environmental Audit must be complied with to the satisfaction of the Responsible Authority.

7. The use and development allowed by this permit must comply with the directions and conditions of any statement of environmental audit issued for the land.

8. All the conditions of the Statement of Environmental Audit must be complied with to the satisfaction of the Responsible Authority, prior to commencement of use of the site. Written confirmation of compliance must be provided by a suitably qualified environmental professional or other suitable person acceptable to the Responsible Authority. In addition, sign off must be in accordance with any requirements in the Statement condition regarding verification works.

9. 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.

10. The use and development allowed by this permit must comply with the directions and conditions of any statement of environmental audit issued for the land.

11. 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.

12. 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.

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. All loading and unloading of goods must be undertaken in accordance with Council’s Local Laws.

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

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

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

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

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

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

NOTES

i. 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.

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

iii. 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

4 AMENDMENT C238 - PERMANENT HERITAGE PROTECTION FOR 29 & 31 PHOENIX STREET, SOUTH YARRA - ADOPTION

MOTION: MOVED CR JOHN CHANDLER SECONDED CR STEVE STEFANOPOULOS That Council: 1. Notes the public release of the Panel Report for Amendment C238. 2. On considering the Panel Report, adopts Amendment C238 to the Stonnington

Planning Scheme, as exhibited (pursuant to Section 29(1) of the Planning and Environment Act 1987), in accordance with Attachment 3 and Attachment 4.

3. Submits the adopted Amendment C238 to the Minister for Planning for approval, in accordance with Section 31(1) of the Planning and Environment Act 1987.

4. Advises the submitters of Council’s decision in relation to Amendment C238. Carried

5 ENERGY CONSERVATION AND GREENHOUSE GAS EMISSIONS REDUCTION

MOTION: MOVED CR MARCIA GRIFFIN SECONDED CR STEVE STEFANOPOULOS That Council: 1. Continue to prioritise energy related efforts and budgets on tangibly reducing its

own energy use and associated greenhouse gas emissions and supporting the Stonnington community to conserve energy and reduce emissions.

2. Continue to protect, maintain and expand the urban forest throughout the City of Stonnington in acknowledgement of the role of trees in mitigating greenhouse gas emissions.

3. Not become a signatory to the Compact of Mayors at this point in time. 4. Review its short and longer term corporate greenhouse targets through the

process of developing a new Sustainable Environment Strategy in 2017.


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5. Explore and consider the option of setting an aspirational community greenhouse target for the City of Stonnington through the process of developing a new Sustainable Environment Strategy in 2017.

6. Continue to deliver the ‘Making Solar Simple’ program in partnership with Positive Charge and extend promotion to include a direct mail out to targeted properties.

7. Continue to implement the Energy Efficiency Implementation Plan over the next five years, complete the bulk street lighting upgrade program and implement a range of community focussed energy and greenhouse programs.

Carried

6 ELIZABETH STREET, MALVERN - TOORAK ROAD ARTERIAL INTERSECTION - FOLLOW-UP REPORT

MOTION: MOVED CR MATTHEW KOCE SECONDED CR STEVE STEFANOPOULOS That Council note the findings of the Road Safety Audit for the proposal to introduce separate left and right turn lane on Elizabeth Street at the intersection with Toorak Road, and in consideration of the findings abandon the proposal.

Carried

L1 AMENDMENTS C258 AND C259 - HERITAGE PROTECTION FOR 47-49 HUNTINGTOWER ROAD, ARMADALE

MOTION: MOVED CR STEVE STEFANOPOULOS SECONDED CR JUDY HINDLE That Council: 1. Endorses the request to the Minister for Planning to prepare Amendment C258

to the Stonnington Planning Scheme in accordance with Section 8 (1) (b) and 20 (4) of the Planning and Environment Act 1987, to provide interim heritage protection to 47-49 Huntingtower Road, Armadale.

2. Endorses the request to apply to the Minister for Planning to obtain authorisation to prepare Amendment C259 to the Stonnington Planning Scheme in accordance with Section 9 (3) of the Planning and Environment Act 1987, to apply permanent heritage protection to 47-49 Huntingtower Road, Armadale.

3. Endorses the request to apply to the Minister under Section 20 (1) of the Planning and Environment Act 1987 for an exemption from the requirement to give full notice under Section 19 (2) of the Planning and Environment Act 1987 for Amendment C259.

4. Once authorisation is received, exhibit Amendment C259 in accordance with the Ministers requirements.

5. Advises the owners of 47-49 Huntingtower Road, Armadale of Council’s resolution.

PROCEDURAL MOTION: MOVED CR MELINA SEHR SECONDED CR MARCIA GRIFFIN That consideration of Amendments C258 and C259 –Heritage protection for 47-49 Huntingtower Road Armadale be deferred until the next meeting of Council.


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Carried

M. Other General Business Cr Davis advised that the Gardiner Park Stakeholder Group had been formed with four residents and East Ward Councillors and Officers which will encourage input into the design, plantings, BBQ and playground area. Cr Davis noted that a meeting will be held on 29 April with local residents to further outline and get their input.

Cr Koce noted that the Men of Malvern had a Bike Ride with approx.. 90 participants. He was the leader of a team as was Council’s Sustainable Transport Planner. There was also a competition for children cyclists and Rotary was also involved. He noted that the ride took them along the Yarra River which gave them all an opportunity to appreciate the biodiversity work that had been undertaken by Council along the path and edge of the Yarra River.

N. Urgent Business Cr Davis asked if she could raise a matter regarding the Caulfield - Dandenong Level Crossing Rail Project and its impact on Stonnington residents under Urgent Business.

PROCEDURAL MOTION: MOVED CR SALLY DAVIS SECONDED CR JUDY HINDLE That Council proceed into Urgent Business to discuss the Caulfield - Dandenong Level Crossing Rail Project and its impact on Stonnington residents. (8.08pm)

Carried

PROCEDURAL MOTION: MOVED CR SALLY DAVIS SECONDED CR MARCIA GRIFFIN That Council: 1. writes to the Chief Executive Officer of the Level Crossing removal Authority (LXRA)

with an urgent request to liaise with the City of Stonnington and to engage with affected residents regarding the Caulfield to Dandenong Level Crossing Removal Project; and

2. requests the LXRA organise an initial consultation meeting, in conjunction with

Council Officers, within the next three (3) weeks (that is, before 19 May 2017), and this initial consultation meeting to provide an outline – including a timeline – of how this project will affect residents in and around Warley, Emo and Repton Roads and Wilmot, MacGregor and Fisher Streets Malvern East. The LXRA should also provide guidance on how the LXRA will engage with these residents – and the City of Stonnington – in the immediate future.

Carried

PROCEDURAL MOTION: MOVED CR STEVE STEFANOPOULOS SECONDED CR JUDY HINDLE That Council proceed out of Urgent Business and Standing Orders be resumed. (8.13pm)

Carried


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O. Confidential Business

MOTION: MOVED CR MELINA SEHR SECONDED CR JUDY HINDLE That the meeting be closed to the public to consider the following matters that are confidential in accordance with Section 89 (2) of the Local Government Act 1989 for the reasons specified: (8.13pm)

Confidential Matter Reason for Confidentiality

1. Proposed Property Purchase 89 (2)(d) contractual matters

Carried

MOTION: MOVED CR MELINA SEHR SECONDED CR JUDY HINDLE That the meeting be re-opened to the public. (8.15pm)

Carried

There being no further business the meeting closed at 8.15pm.

Confirmed on Monday 8 May 2017

................................................................................... CR JAMI KLISARIS, 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: Monday 10 April 2017 Time: 6.01pm Assembly Location: Committee Room, Level 2, 311 Glenferrie Road, Malvern IN ATTENDANCE Councillors: Cr J Klisaris (Mayor) Cr G Atwell Cr J Chandler Cr J Hindle Cr M Griffin Cr M Koce Cr M Sehr Cr S Davis Cr S Stefanopoulos Council Officers: Warren Roberts (CEO) Madeleine Grove Simon Thomas Karen Watson Geoff Cockram Fabienne Thewlis Alexandra Kastaniotis (left at 9.35pm)

Susan Price (left at 8.20pm)

Scott Moore (left at 7.25pm)

Tracey Limpens (left at 8.50pm)

Tony Oulton (left at 8.50pm)

Grant Smethurst (left at 8.50pm)

Matter/s Discussed: 1. DRAFT COUNCIL PLAN 2017-2021 2. DRAFT OPERATING BUDGET AND CAPITAL WORKS PROGRAM 2017/18 3. CAULFIELD TO DANDENONG LEVEL CROSSING REMOVAL PROJECT - ELEVATED RAIL

PRESENTATION 4. STONNINGTON INDOOR STADIUM - PROJECT UPDATE 5. AMENDMENT C238 - PERMANENT HERITAGE PROTECTION FOR 29 & 31 PHOENIX STREET, SOUTH

YARRA - ADOPTION 6. PROPOSED LANDSCAPE IMPROVEMENTS TO CAROLINE GARDENS 7. ENERGY CONSERVATION AND GREENHOUSE GAS EMISSIONS REDUCTION 8. ELIZABETH STREET, MALVERN - TOORAK ROAD ARTERIAL INTERSECTION - FOLLOW-UP REPORT 9. PLANNING PERMIT APPLICATION 971/13 - 176 WATTLETREE ROAD, MALVERN - S72 AMENDMENT

TO THE APPROVED PLANNING PERMIT COMPRISING FURTHER ALTERATIONS AND ADDITIONS AT GROUND FLOOR AND THE INCLUSION OF A FIRST FLOOR AT THE REAR OF THE EXISTING BUILDING ACCOMMODATING THE DWELLING.

10. PLANNING APPLICATION 1119/16 - 7-9 ROBINSON STREET, PRAHRAN – CONSTRUCTION OF A FIVE STOREY MIXED USE DEVELOPMENT IN A COMMERCIAL 1 ZONE

11. PLANNING APPLICATION 703/16 - 43-45 GARDEN STREET, SOUTH YARRA – CONSTRUCTION OF A MIXED USE DEVELOPMENT IN A COMMERCIAL 1 ZONE, DESIGN AND DEVELOPMENT OVERLAY AND ENVIRONMENTAL AUDIT OVERLAY, REDUCTION IN THE CAR PARKING REQUIREMENT AND WAIVER OF LOADING FACILITIES.

12. PROPOSED PROPERTY PURCHASE 13. BLOCK MOTIONS 14. RECORD OF INCOMING VCAT APPEALS


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CONFLICT OF INTEREST DISCLOSURES: including time left and returned to meeting Councillors: Council Officers: Form completed by: Fabienne Thewlis

Minutes of Council Meeting - 24 April 2017...LANNING A PPLICATION 703/16 - 43-45 G ARDEN S TREET, S...

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Transcript of Minutes of Council Meeting - 24 April 2017...LANNING A PPLICATION 703/16 - 43-45 G ARDEN S TREET, S...