Notice Paper
Monday 19 March 2018 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.

NOTES

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.

This meeting is being live-streamed.

Members of the gallery will not be filmed however the recordings will capture any audio which will be transmitted and held on Council’s website.

Members of the gallery are not permitted to film or record the meeting on their own devices.

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Council Meeting

Notice Paper

Monday 19 March 2018

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 5 March 2018...... 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 0878/08 – 2 - 14 Luxton Road, South Yarra VIC 3141- Section 72 Amendment to permit preamble and the approved plans comprising the inclusion of a restaurant and café liquor licence and a redline plan 7

2.Planning Application 1054/17- Kooyong Lawn Tennis Club, 489 Glenferrie Road, Toorak VIC 3142- Partial demolition of the stadium, subsequent buildings and works and to alter access to a Road Zone Category One, in the Special Use Zone, Heritage Overlay, Incorporated Plan Overlay and Land Subject to Inundation Overlay. 21

3.Planning Application 1336/17- Chadstone Shopping Centre, 1341 Dandenong Road, Malvern East VIC 3145 – Reconfiguration and extension of the ground floor car park on the eastern side of the Shopping Centre 41

4.C223 - Glenferrie Rd and High St Activity Centre Planning Controls - Adoption...... 51

5.Amendment C266 - Open Space Rezoning - Considering Submissions...... 63

6.Donald Street, Prahran - Proposed Removal of Parking Restrictions to Allow for Street Sweeping 67

7.Draft Positive Ageing Strategy 2018-2021...... 73

8.Financial Report for the Period July 2017 to December 2017...... 79

9.Prahran Market Operating Report to Council for the Quarter Ended 31 December 2017.83

m)Other General Business

n)Urgent Business

o)Confidential Business

1.Prahran Market Financial Report to Council for the Quarter Ended 31 December 2017..85

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Adoption and Confirmation of Minutes Of Previous Meetings

19 March 2018

Recommendation

That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 5 March 2018 and Minutes of the Confidential Meeting of the Stonnington City Council held on 5 March 2018 as an accurate record of the proceedings.

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General Business

19 March 2018

l)General Business

1.Planning Application 0878/08 – 2 - 14 Luxton Road, South Yarra VIC 3141- Section 72 Amendment to permit preamble and the approved plans comprising the inclusion of a restaurant and café liquor licence and a redline plan

Manager Statutory Planning: Alexandra Kastaniotis

General Manager Planning & Amenity: Stuart Draffin

PURPOSE

For Council to consider a Section 72 amendment to an existing planning permit for an existing food and drink premises (café) at 14 Luxton Road, South Yarra.

Executive Summary

Applicant: / Arkiteco Design
Ward: / North
Zone: / Neighbourhood Residential Zone (Schedule 3)
Overlay: / Heritage Overlay (HO137)
Neighbourhood Precinct: / Inner Urban
Date lodged: / 17 October 2017
Statutory days: (as at council meeting date) / 94
Trigger for referral to Council: / More than 7 Objections
Patron Numbers: / 26, including 6 on the footpath and 20 inside the premises
Number of objections: / 10 objections from 9 properties and 12 letters of support
Consultative Meeting: / Yes, 13 December 2017
Officer Recommendation: / Notice of Decision to Grant an Amended Planning Permit

BACKGROUND

The Proposal

The plans that form part of the basis of Council's consideration were prepared by Arkiteco Design and are outlined below:

Advertised material

Plan Ref / Council date stamped
Planning Assessment Report / 17 October 2017
TP001 Site Context 1 / 22 September 2017
TP002 Site Context 2 / 22 September 2017
TP102 Existing Conditions / 22 September 2017
TP103 Neighbourhood Plan / 22 September 2017
TP104 Site Plan / 22 September 2017
TP105 Ground Level Plan / 22 September 2017
TP106 Street Elevation / 22 September 2017
TP107 Street Views / 22 September 2017

Key features of the advertised plans consist of:

Permit preamble, amended to include a café and restaurant liquor licence.

Permit conditions, amended to include the operation hours of liquor supply and consumption being between 11:00am and 9:00pm from Monday to Saturday (inclusive).

No liquor supply and consumption is proposed on Sunday.

No changes to the maximum number of patrons are proposed, being 34 including 20 on the footpath and 14 inside the premises.

No changes to the hours of operation are proposed, being between 7:30am and 9:00pm from Monday to Saturday (inclusive).

Revised plans

Due to the number of objections, a consultative meeting was held on the 13 December 2017. Following the meeting, the applicant voluntarily made amendments to the advertised plans and formally declared the changes pursuant to Section 57A of the Planning and Environment Act 1987.

The revised plans were prepared by Arkiteco Design and are outlined below:

Plan Ref / Council date stamped
TP001 Site Context 1 / 15 December 2017
TP002 Site Context 2 / 15 December 2017
TP102 Existing Conditions / 15 December 2017
TP103 Neighbourhood Plan / 15 December 2017
TP104 Site Plan / 15 December 2017
TP105 Ground Level Plan / 15 December 2017
TP106 Street Elevation / 15 December 2017
TP107 Street Views / 15 December 2017

The revised plans were communicated to all objectors via email. Resultantly, one of the objectors unconditionally withdrew the objection and the total number of the affected properties therefore is reduced to nine (9) and the total no. of objections is reduced to 10.

Upon review of the advertised plans and the revised plans, the changes are as follows:

The hours of liquor supply and consumption amended to:

Monday to Wednesday (inclusive): 11.00am – 3.00pm

Thursday to Saturday (inclusive): 11.00am – 9.00pm

No liquor supply and consumption is proposed on Sunday.

The maximum number of patrons reduced to 32, including 12 in the footpath and 20 inside the premises.

The hours of the liquor supply and consumption on the footpath to be ceased by 8:00pm from Thursday to Saturday and 3.00pm from Monday to Wednesday.

Site and Surrounds

The site is located on the southern side of Luxton Road, approximately 130 metres west of the intersection with Williams Road and 64.3 metres east of the intersection with Barnsbury Road.

The site has the following significant characteristics:

The site is irregular in size and has a total site area of approximately 230 square metres.

The site provides the frontage of 4.9 metres to Luxton Road.

The site is occupied by a double storey A2 graded Edwardian retail shop.

The subject building forms part of four identical purpose built buildings. All ground floor levels are occupied by commercial premises. The first floor of the subject site and the rear of the subject site at ground floor level is used as a dwelling.

Properties surrounding the four commercial buildings are residential.

The bins for the subject site and adjoining premises are stored at the rear of the site. The rubbish bin collection location is at the front of No. 16 Luxton Road.

The rear of the subject site is accessed via a flat concrete laneway. The laneway is located between the properties at No. 15 and 16 Luxton Road.

The site has four interfaces, which are summarised below:

To the immediate north of the subject site is Luxton Road. On the opposite side of the subject site is Hawksburn Railway Station.

To the immediate south of the subject site is 33 Motherwell Street South Yarra. The site at 33 Motherwell Street is occupied by a B-graded Edwardian villa.

To the immediate east of the subject site is No. 15 Luxton Road. The site at No. 15 Luxton Road is occupied by an A2 graded building.

To the immediate west of the subject site is No. 13 Luxton Road. The site at No. 13 Luxton Road is occupied by an A2 graded building.

Previous Planning Application(s)

A search of Council records indicates the following relevant planning applications:

Planning Permit No. 878/08 was issued on 25 November 2008 under delegation. The permit allowed for ‘use of premises as a food and drink premises (café)’. The original permit allowed for hours of operation between 7:30am and 4:30pm. The permitted maximum number of patrons are 34.

A S72 Amendment Approval to the above Permit was issued on 28 January 2015 under delegation. The amended permit allowed the hours of operation extended to 9pm with the permit preamble remaining unchanged.

The Title

The site is described on Certificate of Title Volume 10843 Folio 732 / Lot 3 on Title Plan 530720H. There is no restrictive covenant on the title of land and the applicant has signed a declaration to this effect. There are a number of carriageway easements listed on title that are located at the rear of the subject site and at the rear of the dwellings of no. 12,13 and 14 Luxton Road.

Planning Controls

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

Zone

Clause 32.09 – Neighbourhood Residential Zone

Pursuant to Clause 32.09-1, a planning permit is required to use the land for a food and drink premises. The use of the site as a food and drink premises has existing approval and the hours for the food and drink premises are not changing as part of the amendment application.

Overlay

Clause 43.01 – Heritage Overlay

Pursuant to Clause 43.01, a planning permit is required to construct a building or construct or carry out works. A planning permit is notrequired for the proposal under the heritage overlay as there are no buildings and works proposed.

Particular Provisions

Clause 52.06 – Car Parking

Pursuant to Clause 52.06-5, a planning permit is required to reduce the number of car parking spaces required under Clause 52.06-5.

The number of patrons is not proposed to be increased, consequently a planning permit is not required to reduce the number of car parking spaces required.

Clause 52.27 – Licensed Premises

Pursuant to Clause 52.27, a planning permit is required to use land to sell or consume liquor for a restaurant and café liquor licence.

Relevant Planning Policies

17 / Economic Development
21.04 / Economic Development
21.09 / Reference Documents
22.10 / Licensed Premises Policy
32.09 / Neighbourhood Residential Zone
43.01 / Heritage Overlay
52.27 / Licensed Premises
65 / Decision 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 two signs on the site. The public notification of the application has been completed satisfactorily.

A Consultative Meeting was held on 13 December 2017. The meeting was attended by Councillors Matthew Koce and Marcia Griffin, representatives of the applicant, objectors and a Council planning officer. The meeting resulted in some changes to the advertised plans.

Key changes between the advertised and the revised plans are specifically outlined in the proposal section of the report and briefly outlined below:

Changes to the maximum number of patrons

Changes to the hours of alcohol supply and consumption

Key aspects of the objections are summarised below:

Noise impact

Nuisance as a result of liquor consumption

Increased street litter

Increased street traffic

Referrals

Local Laws Unit

Councils Local Laws unit advised that the footpath trading is to be reduced from 12 patrons to 6 patrons.

Planners comment: As a result of the above comments from Councils Local Laws Department, the footpath trading will be reduced from the 12 patrons proposed to 6 patrons. The number of patrons proposed internally will remain the same.

KEY ISSUES

Background

The application was originally for the use as a food and drink premises (café), which was permitted on 25 November 2008 under delegation. The current application proposes to include a restaurant and café liquor licence and its associated hours of liquor supply and consumption, variations to the seating arrangement and the inclusion of a redline plan (i.e. licensed area).

As reiterated above, the proposed components are comprised of:

The inclusion of a restaurant and café liquor licence to an existing food and drink premises (café)

The proposed hours of liquor supply and consumption:

Monday to Wednesday (inclusive): 11.00am – 3.00pm

Thursday to Saturday (inclusive): 11.00am – 9.00pm

No liquor supply and consumption is proposed on Sunday.

The variations to the maximum number of patrons reduced to 26 (in lieu of 34), including 6 in the footpath and 20 inside the premises

The liquor supply and consumption on the footpath to be ceased by 8:00pm from Thursday to Saturday and ceased by 3:00pm Monday to Wednesday.

Having regard to the above key changes and in conjunction with the issues identified by the applicant, the objectors and the relevant provisions and policies contained within the Scheme, the key issue in this matter is whether the proposal represents an outcome supported by the planning scheme’s policies having regard to the resultant impacts on amenity of the surrounding area.

Strategic Justification

State Planning Policy

State Policy at Clause 17 (Economic Development) aims to use ‘planning to contribute to the economic well-being of communities and the State as a whole by supporting and fostering economic growth and development by providing land, facilitating decisions and resolving land use conflicts’.

Clause 17.01-2 (out of centre-development) aims to ‘Ensure that out of centre proposals are only considered where the proposed use or development is of net benefit to the community in the region served by the proposal or provides small scale shopping opportunities that meet the needs of local residents and workers in convenient locations. Given the existing food and drink premises (café) meets the communities needs as it is in a convenient location opposite the train station and that is a small scale café that generally services customers from the local area and commuters, the proposal is considered to be generally consistent with State Planning Policy.

Local Planning Policy

Local Policy at Clause 21.04-4 aims ‘to ensure non-residential uses in residential zones are located to achieve maximum accessibility to the communities they serve and respect the preferred character of the area and residential amenity’. Some of the relevant strategies to achieve this objective are as follows:

Encourage commercial and community uses permissible in residential zones to be located close to activity centres, community hubs, public transport and other related uses.

Ensure large and/or purpose built, non-residential uses locate in or beside activity centres or beside those parts of main roads which have a mixed use character.

Ensure non-residential uses do not have an adverse impact on the amenity of the surrounding residential area through noise, hours of operation, traffic or parking associated with the use.

In addition, Clause 22.10 further provides policies regarding licensed premises, which seeks to identify appropriate locations, trading hours and patron numbers for licensed premises; and to effectively manage the amenity conflicts between licensed premises and other uses.

Having regards to local policy, the subject site is located directly opposite the Hawksburn Railway station and is located within a group of four shops. More specifically, the proposal is located within an existing commercial building within a residential area. Given the context of the site, it is considered that by allowing liquor to be served with food in an existing food and drink premises, it will not unreasonably impact the amenity of the residential area; this will be discussed further below.

Amenity Impacts

A permit is required to use land to sell and consume liquor pursuant to Clause 52.27 of the Stonnington Planning Scheme. The purpose of the Licensed Premises particular planning provision (Clause 52.27) is to ensure that these premises are situated in appropriate locations to consider their impact on the amenity of the surrounding area.

Furthermore, pursuant to Clause 52.27, relevant decision guidelines are outlined below and read as follows:

The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

The impact of the sale or consumption of liquor permitted by the liquor licence on the amenity of the surrounding are.

The impact of the hours of operation on the amenity of the surrounding area.

The impacts of the number of patrons on the amenity of the surrounding area.

The cumulative impact of any existing licensed premises and the proposed licensed premises on the amenity of the surrounding area.

Hours and Noise

The proposed hours of alcohol supply are stated as follows:

Inside

-Monday to Wednesday (inclusive): 11am – 3:00pm

-Thursday to Saturday (inclusive): 11am – 9:00pm

Outside (Footpath)

-Monday to Wednesday (inclusive): 11am- 3:00pm

-Thursday to Saturday (inclusive): 11am- 8:00pm

Council’s Licensed Premises Policy at Clause 22.10 of the Scheme stipulates that it is policy that ‘New licensed premises and the expansion of the licensed area or extension of the trading hours of existing licensed premises in a residential, Activity Centre, Mixed Use or Industrial 3 Zone are discouraged unless the responsible authority is satisfied that the use will not adversely affect the amenity of the area’.

In regards to the physical context of the subject site, to the rear of the site, the land is featured by individual detached homes. To the immediate west and the immediate east, the properties are recognised as retail premises. To the north, the site interfaces with Hawksburn Railway Station, which provides a physical separation of a minimum 100 metres from the residential buildings located further to the north. It is considered that the most sensitive interface is to the rear of the site and the residences on Luxton Road, therefore the amenity of these residential properties will be maintained.