Notice Paper
Monday 18 December 2017 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 under local laws.
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Council Meeting
Notice Paper
Monday 18 December 2017
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 4 December 2017...... 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 (Clause 424 of General Local Law 2008 (No 1)
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 0685/15 - Windsor Station 167 Peel Street, Windsor - Restaurant and cafe liquor licence associated with part use of the land as a food and drink premises (cafe), on-premises liquor licence associated with part use of the land as a tavern, a reduction in the car parking requirement and buildings and works in a Public Use Zone 7
2.Planning Application 0578/15 - 671 Chapel Street, South Yarra - use and development of the land for dwellings, offices (including maternal and child health centre), shops (as of right use) and food and drink premises (as of right use), building and works in an Activity Centre Zone, with associated reduction in the car parking requirement and alteration of access to a road in a Road Zone, Category 1 31
3.Planning Application 0688/15 - 1252 malvern road, malvern - section 72 amendment to the approved planning permit and plans to allow liquor to be sold and consumed in part of the footpath trading area 67
4.Planning Application 0635/17- 1-4/2 Lumley Court, Prahran - construction of a three storey apartment building containing five new dwellings over a basement car park 79
5.Planning Application 1043/16- 189 Toorak Road, South Yarra - construction of a multi-level mixed use building comprising shops, offices and dwellings 103
6.Planning Application 0222/17- 973 Dandenong Road, Malvern East VIC 3145 – Construction of a multi-dwelling development in a Residential Growth Zone and alteration of access to a road in a Road Zone Category 1 131
7.Application to Amend Planning Permit 54/16 - 2-4 Chambers Street, South Yarra VIC 3141- Addition of an additional level to the approved four storey building (5 storeys total), reducing the number of dwellings from 13 to 11 and associated redesign of floor plans 161
8.Draft Toorak Park and Victory Square Concept Masterplan...... 169
9.Sustainability Snapshot 2016-17...... 175
10.Tree up lighting...... 179
11.Hedgeley Dene Gardens - Maintenance...... 183
12.Gardiner Park Pavilion Design...... 189
13.Working with Children Checks - Councillors...... 197
14.Council Committees, Delegates/Representatives...... 201
15.Proud 2 Play: Community Grant 2017-2018 ...... 211
16.VCAT Quarterly Report – third quarter of 2017 – July 2017 to September 2017...... 213
17.Prahran Market Operating Report to Council for the Quarter Ended 30 September 2017 215
m)Other General Business
n)Urgent Business
o)Confidential Business
1.Prahran Market Financial Report to Council for the Quarter Ended 30 September 2017217
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Adoption and Confirmation of Minutes Of Previous Meetings
18 December 2017
Recommendation
That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 4 December 2017 and Minutes of the Confidential Meeting of the Stonnington City Council held on 4 December 2017 as an accurate record of the proceedings.
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General Business
18 December 2017
l)General Business
1.Planning Application 0685/15 - Windsor Station 167 Peel Street, Windsor - Restaurant and cafe liquor licence associated with part use of the land as a food and drink premises (cafe), on-premises liquor licence associated with part use of the land as a tavern, a reduction in the car parking requirement and buildings and works in a Public Use Zone
Manager Statutory Planning: Alexandra Kastaniotis
General Manager Planning & Amenity: Stuart Draffin
For Council to consider a planning application for a restaurant and cafe liquor licence associated with part use of the land as a food and drink premise (cafe), on-premises liquor licence associated with part use of the land as a tavern, a reduction in the car parking requirement and buildings and works in a Public Use Zone at 167 Peel Street, Windsor (Windsor Railway Station).
Executive Summary
Applicant: / Methodius Investments P/LWard: / South
Zone: / Public Use Zone
Overlay: / Heritage Overlay
Date lodged: / 04 August 2015
Statutory days: (as at council meeting date) / 481
Trigger for referral to Council: / More than 7 objections
Patron Numbers: / Tavern: 175
Café: 30
Kiosk: 30
Number of objections: / 30
Consultative Meeting: / Yes - held on 29 August 2017
Officer Recommendation: / Issue a 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 RBA Architects & Conservation Consultants and are known as Drawing No’s. TP-001, EC-101, EC-201, EC-202, EC-301, EC-302, EC-401, EC-402, TP-101, TP-201, LL-231, TP-301, TP-302, TP-401, TP-402 all Council date stamped 19 April 2017.
It is noted that the applicant provided additional information on 14 November 2017. This included an acoustic report and further waste management and loading details. Discussion plans were submitted 22 November 2017 to show an amended toilet layout at platform level with a new internal door and direct access provided to female toilets from within the tavern premises.
Key features of the proposal are:
Café and Kiosk
Construction of a new building to be used as a cafe located at street level with pedestrian access via Peel Street.
The café is to be located along the embankment between Peel Street and the pedestrian ramp to the railway platform
The café is to have a height of 3.76 – 4.135 metres above footpath level on the Peel Street elevation.
The café is to be predominantly glazing with metal window frames and metal roof. A new deck is proposed to the north-west of the café building.
A free-standing kiosk is proposed to be installed at platform level adjacent to the access ramp.
Associated restaurant and cafe liquor licence with a maximum of 30 patrons proposed for the café and 30 patrons proposed for the kiosk. The café is also proposed to have a licensed footpath trading area.
Licensed hours of operation for both the kiosk and the cafe are:
-between 6.30am and 11 pm Monday to Friday,
-between 7am and 11 pm Saturday,
-between 8am and 11 pm Sunday.
Tavern
The existing station building is proposed to be used as a tavern with associated on-premises liquor licence.
A maximum of 175 patrons are proposed and licensed hours of operation are:
-between 5pm and 11 pm Sunday to Wednesday,
-between 5pm and 1 am Thursday to Saturday.
The proposed buildings and works include alterations to the steps, ramps, balustrades and the entry as well as new decking adjacent to Peel Street and the footbridge associated with the existing station building.
Site and Surrounds
The site is located on the northern side of Peel Street, to the west of Chapel Street and approximately 100 metres north of Dandenong Road in Windsor. The subject site comprises part of the Windsor Railway Station and has the following key characteristics:
The site comprises station buildings, platforms, pedestrian ramps and access, and the Sandringham railway line.
The relevant parts of the site that are the subject of this proposal are the station building on Peel Street which is currently vacant and is proposed to accommodate a tavern, the embankment adjacent to the Peel Street pedestrian ramp leading to the city-bound train platform which is proposed to accommodate a new cafe, and part of the city-bound platform proximate to the ticket machine area which is proposed to accommodate a kiosk.
The surrounding area is characterised as follows:
The subject site is located within the Chapel Street Activity Centre which accommodates residential, shopping, business, civic, cultural and entertainment use and development.
The surrounding area comprises a mixture of commercial uses including shops, cafes, and offices primarily situated on Chapel Street.
To the north of the site is Maddock Street which is a cul-de-sac with the following:
-A mixed use commercial and apartment building at No. 2 Maddock Street located within the Activity Centre Zone.
-An office at No. 1 Maddock Street which currently is the subject of a planning application for buildings and works associated with a food and drink premises.
-A tavern at No. 37-39 Chapel Street.
All properties within Maddock Street are within the Activity Centre Zone.
Also to the north of the site is the rear of the Melbourne Bowling Club. The rear interface of this site proximate to the subject site includes a water tank and open grassed area.
To the south of the site is Peel Street. On the opposite side of Peel Street is:
-A five storey building with ground level commercial space and upper level dwellings at No. 174 Peel Street. This site is located within the Activity Centre Zone.
-A three storey mixed use building with commercial located at the front and dwellings to the rear facing Albert Street at No. 170 Peel Street (also known as 153 Albert Street). This site is within the General Residential Zone.
To the east of the site is Chapel Street with commercial buildings located opposite.
To the north-west of the site is a dwelling located at No. 165 Peel Street. This dwelling is approximately 22 metres from the station building and is located within the General Residential Zone.
Further west along Peel Street are dwellings and apartment buildings located within the General Residential and Neighbourhood Residential Zone.
Previous Planning Application(s)
A search of Council records indicates the following relevant planning applications:
Planning Permit No. 865/99 was issued 12 November 1999 for buildings and works to the existing railway station including use as a 34 seat café.
Planning Permit No. 219/04 was issued on 23 August 2004 for use of part of the land for a tavern for no more than 150 patrons and associated liquor licence and car parking dispensation. This permit was not acted on and expired on 31 May 2008.
It is noted that this permit allowed the operation of a tavern use and associated liquor licence with hours as follows:
The use hereby approved shall only operate between the following hours:
Monday to Wednesday, 7am to 12.30am the following day.
Thursday to Saturday, 7am to 1am the following day.
Sunday, 10am to 12.30am the following day.
Good Friday and Anzac Day, 12 noon to 12.30am the following day.
Any Liquor Licence granted in association for the proposal shall only operate between the following hours:
Monday to Wednesday, 7am to 12.30am the following day
Thursday to Saturday, 7am to 1am the following day.
Sunday, 10am to 12.30am the following day.
Good Friday and Anzac Day, 12 noon to 12.30am the following day.
The Title
The site is described on Certificate of Title Volume 10585 Folio 542 / Title Plan 762977J and no covenants or easements affect the land.
Planning Controls
The following controls/permit triggers are considerations for this application:
Zone
Clause Public Use (Transport) – Clause 36.01
Pursuant to Clause 36.01-1 a permit is required to use the land for any use other than a railway, railway station or tramway. Accordingly, a permit is required for part use of the land as a café and tavern.
Pursuant to Clause 36.01-2 a permit is required to construct a building or construct or carry out works for any use in Section 2 of Clause 36.01-1.
Pursuant to Clause 36.01-3, an application for a permit by a person other than the relevant public land manager must be accompanied by the written consent of the public land manager, indicating that the public land manager consents generally or conditionally either:
To the application for permit being made;
To the application for permit being made and to the proposed use or development.
Written consent from Metro Trains Melbourne Pty Ltd (being the public land manager) was submitted to Council on 21 March 2017.
Overlay
Heritage Overlay – Clause 43.01
Pursuant to Clause 43.01-1 a planning permit is required to demolish a building and to construct or carry out works. However, pursuant to Clause 43.01-2, a permit is not required to develop a heritage place which is included on the Victorian Heritage Register. As Windsor Railway Station (being the land located at No. 167 Peel Street including all station buildings) is listed on the Victorian Heritage Register, a permit is not required under the Heritage Overlay.
Particular Provisions
Clause 52.06 – Car Parking
Pursuant to Clause 52.06-3 a permit is required to reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5.
Pursuant to Clause 52.06-5 a tavern requires 0.4 car spaces per patron permitted. A food and drink premises (café) requires 4 car spaces to each 100 square metres of leasable floor area.
Given that the proposed tavern includes a maximum of 175 patrons, 70 car spaces are required in relation to this use.
Given that the proposed café is 38 square metres and the proposed platform level kiosk is 30 square metres, a total of 2 car spaces are required in relation to both food and drink premises.
No car spaces are proposed to be provided on site. Overall, the proposal seeks a reduction of 72 car spaces.
Clause 52.27 – Licensed Premises
Pursuant to Clause 52.27 a permit is required to use land to sell or consume liquor if licence is required under the Liquor Control Reform Act 1998. Accordingly, a permit is required for the proposed restaurant and café licence associated with the café and kiosk, and the on-premises licence associated with the tavern.
Relevant Planning Policies
Clause 11.06 Metropolitan Melbourne
Clause 15Built Environment and Heritage
Clause 17Economic Development
Clause 18Transport
Clause 21.04Economic Development
Clause 21.06Built Environment and Heritage
Clause 22.10Licensed Premises Policy
Clause 22.21Awnings Policy
Clause 36.01Public Use Zone
Clause 43.01Heritage Overlay
Clause 52.06Car Parking
Clause 52.27Licensed Premises
Clause 65Decision Guidelines
Advertising
The application has been advertised pursuant to Section 52 of the Planning and Environment Act 1987 by sending notices to the owners and occupiers of adjoining land and by placing 4 signs on the site. The public notification of the application has been completed satisfactorily.
The site is located in South Ward and objections from 30 different properties have been received. The objections can be summarised as follows:
Noise impacts.
Antisocial behaviour.
Litter impacts and waste management.
Car parking and traffic impacts.
Oversaturation of licensed premises.
Impacts on train station safety and commuters.
Excessive patron numbers.
Excessive hours.
Impact to Peel Street park.
Lack of clarity around proposed bicycle parking.
Unsuitable location of tavern close to residential properties.
Negative impact on historic architecture of Windsor Station.
Impacts on privacy from external decks.
Odours emanating from the premises.
Impact on school children in the surrounding area.
The acoustic report doesn’t include noise monitors on the north side of the station near Maddock Street, doesn’t account for the elevation of the station buildings.
A Consultative Meeting was held on 29 August 2017. The meeting was attended by Councillors Stefanopoulos and Hindle, representatives of the applicant, objectors and a Council planning officer. Subsequent to the meeting the applicant provided the following additional information:
An acoustic report,
Further waste management details
A revised café design to accommodate 18 bicycle spaces on site.
Commitment to reduction in the proposed hours of operation for the tavern premises to close at 12.30am (instead of 1am) Thursday-Sunday.
Discussion plans to show access to female toilets from within the premises.
Referrals
Transport and Parking Unit
Given the location of the proposed food and drink premises within an activity centre and at a train station, a parking dispensation for 72 spaces is considered acceptable. Patrons are most likely to be commuters from the train station, locals within the area or visitors already within the activity centre. It is assumed that the majority of patrons for the facility are not likely to drive to the location for the sole purpose of attending the venue. This arrangement is applicable to many of the existing food and drink premises located within the Chapel Street precinct.
20 bicycle parking spaces are proposed on the verge (naturestrip / footpath) and not onsite. This arrangement is not considered acceptable, all parking should be onsite.
In light of the justification provided within the submitted traffic report, the overall proposal can be accepted if the bicycle parking is to be provided onsite.
The proposed development does not include a loading bay onsite. It is noted that there are short term (15min) parking spaces available in the area and a loading zone, however these spaces are in high demand by the existing shops and food and drink premises in the area.
Further data should be provided to indicate how the loading requirements of this facility can be accommodated in the surrounding area.
No bicycle parking design requirements have been provided, as such revised material is required for review clearly showing design specifications with bicycle parking provided onsite.
It is noted that the waste collection is proposed to occur through a private contractor. This arrangement can be accepted. Notwithstanding, the bins should be placed out neatly and not impact the pedestrian amenities and use of the footpath, particular as the area will have a large amount of pedestrian traffic for the train station.
Planner Note:
The applicant has provided discussion plans (submitted 22 November 2017) to show 18 bicycle parking spaces provided on site adjacent to the proposed café. Specifications of this parking has also been provided.