Monday 22 August 2016 at 7pm
Council Chamber, Malvern Town Hall,
(enter off Glenferrie Road, Malvern)
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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.
PRAYER
Almighty God, we humbly beseech you, to grant your blessing on this Council, direct and prosper its deliberations to the advancement of your glory, and the true welfare of the people of the City of Stonnington. Amen.
NOTE
Council business is conducted in accordance with Part 4 Division 3 of the Meeting Procedure section of Council’s General Local Law 2008 (No 1). Some copies are available with the agenda or you can find a copy on Council’s website www.stonnington.vic.gov.au under local laws.
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Council Meeting
Notice Paper
Monday 22 August 2016
Order of Business and Index
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 1 August 2016 5
d) Disclosure by Councillors of any conflicts of interest in accordance with Section 79 of the Act[1]
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; - Assembly of Councillors
k) Reports by Delegates
l) General Business
1. Planning Application 977/15 - 1161-1163 Malvern Road, Malvern - Multi dwelling development and reduction in car parking 7
2. Planning Application 741/14 - 35A Emo Road, Malvern East - Part demolition, alterations and additions to an existing dwelling 27
3. Planning Application 880/06 - 1436-1446 High Street, Glen Iris – amend conditions of the existing permit to allow for the gym to operate 24 hours a day and vary the opening hours of the southern car park 39
4. Planning Application 75/16 - 12 Chatsworth Road, Prahran - Construction of a multi-dwelling development in a General Residential Zone. 49
5. Planning Application 213/16- 11-15 Chadstone Road, Malvern East - Use and development of the land for a child care centre and business identification signage in a General Residential Zone and variation of an easement 75
6. Planning Application 54/16 - 2-4 Chambers Street, South Yarra - Construction of a mixed-use development and part use of the land as a medical centre in a General Residential Zone, reduction to the car parking requirement and removal of an easement 97
7. Submission to the Yarra River Ministerial Advisory Committee 125
8. Hawksburn Village Structure Plan 131
9. Princes Gardens Masterplan 137
10. Prahran Aquatic Centre Feasibility 143
11. Greville and King Street Improvement Plan - extension of trial for changed traffic conditions in Greville, King and Porter Street. 149
12. Domestic Animal Management Plan 2016-2021 155
13. Virgin Australia Melbourne Fashion Festival 2017 159
14. Commercial Road, South Yarra - Taxi Zone 163
15. Amendment C231 - Public Acquisition Overlay, Porter and Grattan Streets Prahran 167
16. Eastern Alliance for Greenhouse Action Annual Report 2015-16 173
17. Inner South Community Health: Community Grant 2016-2017 Stonnington Supported Residential Services Outing Program 177
18. Windsor Senior Citizens: Community Grant 2016-2017 181
19. Instrument of Delegation from Council to Organisational Roles (s6) 183
20. VCAT Quarterly Report – April 2016 to June 2016 (2nd quarter) 185
m) Other General Business
n) Urgent Business
o) Confidential Business
1. Potential Property Purchase 189
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Adoption and Confirmation of Minutes Of Previous Meetings
22 August 2016
Recommendation
That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 1 August 2016 and Minutes of the Confidential Meeting of the Stonnington City Council held on 1 August 2016 as an accurate record of the proceedings.
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General Business
22 August 2016
l) General Business
1. Planning Application 977/15 - 1161-1163 Malvern Road, Malvern - Multi dwelling development and reduction in car parking
Acting Manager Statutory Planning: Augarette Malki
General Manager Planning & Amenity: Stuart Draffin
PURPOSE
For Council to consider a planning application for the construction of a multi dwelling development in a General Residential Zone and a reduction in the car parking requirements at 1161 - 1163 Malvern Road, Malvern.
This item was considered at the Council meeting of 1 August 2016. The application is now re-presented to Council for further consideration.
Executive Summary
Applicant: / Ask Planning ServicesWard: / North
Zone: / General Residential Zone (Schedule 1)
Overlay: / N/A
Date lodged: / 30 October 2015
Statutory days: (as at council meeting date) / 87
Trigger for referral to Council: / Seven of more objections
Cultural Heritage Plan / No
Number of objections: / Eight
Consultative Meeting: / Yes - held on 16 June 2016
Officer Recommendation: / Notice of Decision to Grant a Planning Permit
BACKGROUND
The Proposal
The plans that form part of the basis of Council's consideration were prepared by Elevli Architectural and Interiors entitled ”Residential Development 1161 - 1163 Malvern Rd Malvern”, Project no 14-733, Plan no’s TP00 to TP11 (inclusive), TP13, TP15, TP16, TP19, TP20, TP20A, TP20B, TP21, TP21A, TP21B, TP22, TP23, TP24, TP25, TP26, Council date stamped 27 June 2016.
Landscape Plan prepared by Hansen entitled “1161-1163 Malvern Road, Malvern” Job no 15.632, Plan no LCD-001 Rev F, Council date stamped 27 June 2016.
Key features of the proposal are:
· Partially demolish the rear of existing buildings and the shed at the rear of the site.
· Five dwellings are proposed, consisting of the adaption of the two existing buildings at the front of the site for two units and the construction of three new units in the middle and rear of the site.
· The units will be a mix of double and three storey buildings. The largest buildings will be in the middle of the site where units 2 and 3 will extend to a maximum height of 9.5 metres.
· Five car spaces (one to each dwelling) are to be provided in a double level stacker system which would be accessed from the rear laneway.
Amended Plans
Since the application has been advertised the plans have been amended twice to address concerns of Council Planning officers and objectors. Details of the proposed changes are described below:
21 April 2016 Amended Plans
· A 3m setback gap provided between units 1 and 2 (rear of the site).
· An amended landscape plan showing the advanced canopy tree planting opportunities throughout the site including provision for canopy tree planting within the 3m setback gap between units 1 and 2.
· Paving reduced at ground to maximise in ground planting areas.
· The rear setback reduced to 1.89m (previously 2.97m). The staggered setback from west to east continues to be provided.
· The length of screens to bed 1 and 2 of Unit 1 varied to reduce mass to the east façade
· The terrace on the east side of Unit 1 removed and the screen relocated further from the east boundary.
· The screen treatment, which faces east associated with Units 2 and 3 varied for improved articulation.
27 June 2016 Amended Plans (current proposal)
· Adjoining property door locations have been provided on the plans.
· SPOS note provided on adjoining property (1165 Malvern Road).
· A/C units of unit 2 and dwelling 4 have been relocated.
· Width of both balconies of unit 1 ground levelhave been reduced to 800mm from glass to screen (45 degree upwards slats) which limitsusabilitybut allows a goodlight and ventilationcourt .
· 1700mm screen provided to the north facing living room window of unit 1.
· Details of screening provided with screening to be shown to slope upwards at 45 degrees-detail section added to plans.
· East boundary wall height revised from 2000mm up to 2500mm maximum.
· Planter tiers lowered down 1700 from title boundary top of the wall level.
· Note added to ground floor plan that the trees in the eastern planter tiers will have a 4m minimum height at planting.
Site and Surrounds
The site is located on the northern side of Malvern Road, approximately 100 metres east of the intersection of Glenferrie Road, Malvern. The site has the following significant characteristics:
· The site is comprised of two allotments, which collectively have frontage to Malvern Road of 11.89 metres, a depth of around 36.58 metres and a cumulative site area of 435sqm (the western title is slightly larger).
· 1161 Malvern Road (on the west) is developed with a two storey commercial building, which is currently disused – although previously was a florist (shop). The building is sited hard up against the site’s Malvern Road boundary, although buildings only occupy around one-third of the site’s total area and the remainder is vegetated, and includes mature trees. There is no car parking on this site.
· 1163 Malvern Road is developed with a two storey dwelling which is setback from Malvern Road by around 4 metres. The dwelling abuts both its side boundary, and at the rear of the site there is an area of private and secluded open space and a fibro garage which is accessed from a ROW which extends behind the property.
· The ROW which forms the site’s northern boundary widens to 4.5 metres outside the site and terminates just to its west.
The surrounding area is a residential area consisting of a mix of predominately single and double storey dwellings with a few multi unit developments found nearby on Malvern Road. There are a range of architectural styles found in the area including Victorian and Edwardian housing stock as well as 1960’s / 70’s and more contemporary development.
The site is located adjacent to the to the Malvern Hill Activity centre which is the immediate abuttal to the west. The site is well served by public transport with trams outside the property on Malvern Road.
The site’s immediate abuttals are:
West
The property to the west at 1155 Malvern Road is developed with a two storey glass and rendered office building. The immediate interface to the site is to a driveway which is around 5.5 metres wide. This property represents the commencement of the Commercial 1 Zone and a small activity centre (Malvern Hill Activity Centre) is focused around the intersection of Malvern Road and Glenferrie Road to the west. Development within the activity centre includes the Glenferrie Hotel, a service station and a range of two storey shops and offices.
East
The property to the east at 1165 Malvern Road is developed with a single storey brick dwelling with a tiled roof. The dwelling is situated in the middle of the site (setback from Malvern Road by around 5.5m) with private open space provided at the rear. The western elevation of the building which interfaces with the subject site has two windows (one of which is to a habitable room) setback 2.29m from the shared boundary.
Permission exists (Planning Permit 601/14) to extend this dwelling further towards the rear, including a single storey wall, for a length of 10 metres, along the common boundary with the application site. If the approved works were to take place, open space would be consolidated to a central court yard abutting this site’s north boundary and to a location in the northeast of the site.
North (rear)
At the rear the ROW provides a setback to the nearest northern neighbour which is a detached dwelling known as 6 Woodmason Street. This dwelling is part of a villa style dual occupancy of 6 - 8 Woodmason Street. The dwelling has two walls constructed on the boundary with the laneway as well as an area of private and secluded open space.
Previous Planning Applications
A search of Council records indicates the following relevant planning applications
· Planning Application 724/14 was refused by VCAT on 31 August 2015. Council officers had a position of refusal had a Failure to Determine not been lodged.
The permit sought the development of six dwellings on the site where the existing building at the front of the site was to be adapted for two dwellings and four new dwellings (2 x 2 storey and 2 x 3 storey) were to be constructed in the middle and rear of the site.
The VCAT order for the application is referenced as Ravida Properties PTY Ltd v Stonnington CC [2015] VCAT 1350 (31 August 2015). In their decision VCAT member Davies refused the application on the basis of neighbourhood character and amenity as summarised in paragraph 56 of the order:
56. My key finding is that the proposal does not strike the appropriate balance between achieving an increased level of housing diversity on a site with good access to facilities and services, while respecting neighbourhood character and amenity of the neighbours.