Notice Paper
Monday 18 May 2015 at 7pm
Council Chamber, Stonnington City Centre,
(enter off Glenferrie Road, Malvern)

Page 1

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 May 2015

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 May 2015...... 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 permit application no. 0164/13 - 62 kooyong road, armadale victoria - construction of a three storey apartment building 7

2.city of port phillip planning application 14/2015 – 3 wellington street, st kilda - construction and display of an animated electronic major promotion sky sign on the roof of the existing four storey building, measuring 15 metres wide and projecting above the building by a total of 7.65 metres; (replacing an existing major promotion sky sign). 27

3.Nepal Earthquake Donation...... 31

4.Rate Capping – Essential Services Commission Consultation Paper April 2015...... 35

5.Financial Report - March 2015...... 39

6.Toorak Park and Victory Square Masterplan - Progress Report...... 43

7.Windsor Siding Master Plan - Update ...... 47

8.Union Street Reserve Landscape Concept Plan Consultation...... 51

9.Grosvenor Street / Phoenix Street Intersection and Adjacent Green Space - Follow-up Report 55

10.Report on 40km/h Speed Limits in Local Areas West of Williams Road...... 59

11.VCAT quarterly report – january 2015 to march 2015 (1st quarter)...... 69

m)Other General Business

n)Urgent Business

o)Confidential Business

Page 1

Adoption and Confirmation of Minutes Of Previous Meetings

18 May 2015

Recommendation

That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 4 May 2015 and Minutes of the Confidential Meeting of the Stonnington City Council held on 4 May 2015 as an accurate record of the proceedings.

Page 1

General Business

18 May 2015

l)General Business

1planning permit application no. 0164/13 - 62 kooyong road, armadale victoria - construction of a three storey apartment building

Statutory Planning Manager: Alexandra Kastaniotis

General Manager Planning & Development: Stuart Draffin

PURPOSE

For Council to consider a planning permit application for the construction of a multi-dwelling development in a General Residential Zone and a reduction in the requirements of Clause 52.06 (Car Parking) at 62 Kooyong Road, Armadale.

Executive Summary

Applicant: / Timothy Edwards
Ward: / South
Zone: / General Residential Zone - Schedule 10
Overlay: / None
Date lodged: / 22 March 2013
Statutory days: (as at council meeting date) / 30
Trigger for referral to Council: / Objections from seven or more properties
Cultural Heritage Plan / No
Number of objections: / 39
Consultative Meeting: / Yes – held on 1 April 2015
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 Accent Building Design and Drafting and are known as Job No. 38/14 Drawing No.s: 1 of 12 to 12 of 12 with Council date stamp 17 April 2015.

Key features of the proposal are:

10 dwellings are proposed within a three storey building over a basement.

The basement will be accessed via a new double crossover on the southern side of the site. The existing crossover on the northern side of the site will be removed.

The basement will contain 12 car parking spaces (within 6 car stackers) to be allocated as 10 for residents and 2 for visitors. The basement also contains 10 residential stores, rubbish bins and a 10,000 litre water tank. A lift and stair provide access to upper levels.

Three dwellings are provided at ground floor level (2 x 2 bed + 1 x 2 bed and study). These dwellings are provided with open space in either the front or rear setback of the site. These areas measure between 44 sqm and 56 sqm.

Four dwellings are provided at first floor level (4 x 2 bed). These dwellings each have balconies measuring between 6 sqm and 11 sqm.

Three dwellings are provided at second floor level (3 x 2 bed). These dwellings each have balconies measuring 8 sqm.

Site coverage is 60% and permeability 34%.

The maximum building height is 9.86 metres.

The building will be finished with render at the two lower levels and aluco bond cladding at the top level.

Site and Surrounds

The site is located on the east side of Kooyong Road, approximately mid-way between High Street and Wattletree Road, Armadale. The site has the following significant characteristics:

Frontage to Kooyong Road of 18.29 metres, a northern boundary length of 31.23 metres, a southern boundary length of 40.40 metres and a total site area of 698 sqm.

An irregular, angled rear boundary and abuttal to the railway reservation.

Vehicular access from Kooyong Road via a crossover nearby the north boundary.

Development with a detached, double storey brick dwelling with garage and car port to the north.

Mature planting within the front, side and rear setbacks of the dwelling.

The site immediately adjoins two private properties, as follows:

60 Kooyong Road is located immediately to the south of the site and is developed with a detached, two storey brick dwelling with a pitched and tiled roof. The dwelling is setback a minimum of 2 metres from the common boundary with the application site and has a series of north facing windows. The dwelling's open space is located to the east.

64 Kooyong Road is located immediate to the north of the site and is developed with a one and two storey, detached brick dwelling. The dwelling is sited parallel with the railway reservation and is setback a minimum of 2.2 metres from the common boundary with the application site. Open space for this dwelling adjoins its south boundary.

As noted above, to the east is the railway reservation.

Opposite the site in Kooyong Road there is a three story brick apartment building at No. 61 and a second, three storey apartment building at No. 63. At No's 55 and 57 Kooyong Road there are single storey detached dwellings.

Previous Planning Application(s)

A search of Council records indicates that the site has no relevant planning history.

The Title

The site is described on Certificate of Title Volume 05704 Folio 739 and no covenants or easements affect the land.

Planning Controls

The following controls/permit triggers are considerations for this application:

Zone

Clause 32.08 – General Residential Zone – Schedule 10 (Garden River & Garden Suburban Precincts)

Pursuant to Clause 32.08-4 a permit is required to construct two or more dwellings on a lot. Schedule 10 to the GRZ specifies that a building used as a dwelling must not exceed a height of 9 metres, unless the slope of the natural ground level at any cross section wider than 8 metres of the site is 2.5 degrees or more, in which case the height of the building must not exceed 10 metres. A lift overrun may also exceed the mandatory height by no more than 1.2 metres.

The applicant has demonstrated on Page 7 of 12 of the architectural plans that there is a slope across the land of 3.03 degrees. The proposed maximum building height permitted under the zone therefore is 10 metres.

The maximum building height is 9.86 metres.

Schedule 10 also sets out variations to Standards B8 (Site coverage), B13 (Landscaping), B17 (Side and rear setbacks) and B18 (Walls on boundaries).

Overlay(s)

No overlays affect the site.

Particular Provisions

Clause 52.06 Car Parking

Pursuant to Clause 52.06-2 before a new use commences car parking required by Clause 52.06-5 is to be provided to the satisfaction of the Responsible Authority. A permit is required to reduce this requirement.

Pursuant to the rates set out in this clause, the proposed dwellings (9 x 2 beds + 1 x 2 bed plus study) are to be provided with 11 car parking spaces for residents and 2 car parking spaces for visitors.

The applicant proposes to provide 10 car parking spaces for residents in the basement and 2 car parking for visitors. A reduction is therefore sought from the requirements of Clause 52.06.

Relevant Planning Policies

The following clauses of the Stonnington Planning Scheme are particularly relevant to this application:

Clause 11 Settlement

Clause 15 Built Environment

Clause 16 Housing

Clause 18 Transport

Clause 21.03 Vision

Clause 21.04 Economic Development

Clause 21.05 Housing

Clause 21.06 Built Environment and Heritage

Clause 22.18 Stormwater Management (Water Sensitive Urban Design)

Advertising

The application has been advertised twice; in March 2014 and in November 2014.

At both times advertising was carried by 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 1 sign on the site). The public notification of the application has been completed satisfactorily.

The site is located in South Ward.

In response to the first round of advertising objections from 40 different properties were received. The grounds for objection are summarised below.

Excessive building height and bulk.

Inappropriate to the neighbourhood character.

Kooyong Road has only dwellings on its eastern side – existing apartments are only on its western side.

Modern design inappropriate.

The building lacks articulation.

The loss of existing vegetation inappropriate.

Insufficient building setbacks.

Inadequate parking on site and difficulty in using car stackers will increase local parking problems, noting that area is popular for commuter parking.

Impact on local traffic congestion.

Overshadowing.

Excessive visual bulk when viewed from neighbouring properties.

Overlooking, loss of privacy.

Loss of daylight to neighbouring properties.

Impacts during construction, traffic, noise, parking etc.

Query location of plant and equipment, and noise associated with plant and equipment.

Loss of property values.

Inappropriate development precedent.

Following the first round of advertising the application was modified. The most significant change was to reduce the building’s height from four to three storeys.

The application was subsequently re-advertised. In response to the second round of advertising two objections were withdrawn, four existing objectors wrote maintaining their objection and one further objection was received. The initial grounds for objection were reiterated in these subsequent objections.

A Consultative Meeting was held on 1 April 2014. The meeting was attended by Councillor Ullin, representatives of the applicant, objectors and a Council planning officer.

Following the Consultative Meeting the applicant formally substituted the application plans again, to respond to the issues which were raised. These plans form the current application plans upon which the Council's decision is to be made.

Changes made at this time included setting back the basement further from the south boundary and increasing the setbacks of the top level from the side and rear boundaries.

The application was not readvertised again since it was deemed that the amendments would not result in material detriment. Existing objectors were advised of the submission of amended plans following advertising in their invitation to attend this Council meeting.

Referrals

Infrastructure

While the site is not contained within a Special Building Overlay it is likely to experience flooding. It is always hard to predict how flooding will exactly behave but it is apparent that the flood level will need to rise to a level that is approximately 45.270m A.H.D before it can start to overflow around and along Cheel Street. The protection of any floor or basement also depends on providing a freeboard which is added to the flood level. In this case we consider a freeboard of 200mm is appropriate.

The minimum level of protection required for the basement access ramp (apex) and also the floor levels for the development are therefore 45.470m A.H.D. Failure to comply with these levels is likely to result in significant and frequent flooding to the building and basement.

The minimum floor level must be at least 45.47m A.H.D. which is satisfied. An apex will need to be created in the vehicular ramp to this level to avoid flooding of the basement.

Standard conditions are requested regarding a legal point of discharge and the retention of existing footpath levels.

Transport & Parking

Following receipt of the comments from Council’s Transport & Parking Department in November 2014 amended plans have been submitted to Council revising the basement layout and parking allocation. Only relevant items are summarised below:

The applicant should note that as the number of dwellings at the site is proposed to be increased by more than one, no residential parking permits would be available to future occupants or their visitors.

The length of the passing bay should be a minimum of 7 metres and should be annotated on ten plans.

A minimum basement headroom clearance of 2.2 metre is required.

A sight distance triangle is required on the north side of the driveway.

The applicant is to submit longitudinal plans of the ramp with the wheelbase template to demonstrate that scraping will not occur.

Manufacturing specifications for the car stackers are to be provided. The plans must accord with the minimum dimensions required for the selected car stacker.

All stacker spaces must be able to be independently accessed, as the lower and upper levels will be shared between different units.

As the development is only three storeys, no bicycle parking is required at the site. The plans show some bicycle parking in the basement, however no dimensions have been shown. It appears that the rack spacings and access aisle width does not meet the requirements of the Australia Standards.

Splays of 1.3m are to be provided on either side of the driveway.

There is no objection to the installation of a double crossing as this is expected to minimise delays on Kooyong Road caused by queuing vehicles however visitor parking must be provided on-site to offset the loss of on-street parking.

If bins are to be transferred to the kerb, it is not appropriate for residents to undertake this manoeuvre as the ramp is considered too steep

Waste Management

A Waste Management Plan must be submitted.

Physical delineation of the Bin Storage Space must be included on the plans and such Bin Storage Space must, at a minimum, be capable of housing the standard allocation of bins.

The Waste Management Plan must include how laden bins will be safely transferred to street level for collection

Parks Department

Standard condition required for tree protection during construction for the Lophostemon confertus (Queensland Brushbox) street tree - fencing is to be compliant with Section 4 of AS 4970.

Landscape Plan

Trees must be installed at a minimum size of 45L containers / 2-2.5m in height.

A large basement construction is proposed for this building. It must clearly notated on the plan which landscaping is to be in situ, and which landscaping is to be planted in-ground.

The applicant may want to revise the use of Betula pendula in a north facing position in Melbourne’s climate.

Urban Design

Council’s Urban Designer’s comments in respect to the final set of plans (upon which this report is based) are provided below:

This is an application for a 3-storey building comprising 10 apartments and basement parking for 12 cars. The site is located within a General Residential Zone (GRZ10) and a ‘Garden Suburban 1’ Neighbourhood Character precinct.

This application, and its previous iterations, has been reviewed a number of times by Council Officers with the intention of endeavouring to achieve a more satisfactory outcome. These reviews have principally focussed upon the following issues:

Reducing the extent of the basement;

Increasing side and rear setbacks;

Improving resident access to the building;

Improving the landscape setting for the development; and

Improving the overall form and design character of the proposal.

An examination of the current discussion plans indicates that, apart from the form and design character issue, all of the above-mentioned issues have been satisfactorily resolved.

In my opinion, the overall form and design character of the building does not relate well to the residential context of the East side of this section of Kooyong Road.

The overly-dominant form of the building would be mitigated by reducing the footprint of the upper floor level (i.e. increasing the front and side setbacks). The rear setback is satisfactory.

The design character of the building would be improved by architecturally treating the recessed upper floor as an integrated ‘roof-form’. In its current form, the flat roof and projecting eaves does not relate well to the forms and residential character of the houses on the East side of Kooyong Road.

It is not clear what cladding materials and colours are proposed; and details of these should be provided for further consideration. The materials and colours should aim to complement the character of the residential dwellings in the streetscape.

Environmentally Sensitive Design / Water Sensitive Urban Design

Updated SMP to include a project description section; providing an overview of the project assessed such as size, type and number of units, as well as general site description.

All operable windows/glazed doors to be marked on elevations/plans. As a minimum, operable element to be provided to north facing window proposed for the kitchen of Unit 10.

Suitable user adjustable external shading to be provided to exposed west facing windows, minimising solar heat gain from low angle afternoon summer sun. Appropriate horizontal shade structures to be identified for exposed northern windows.