Notice Paper
Monday 24 July 2017 at 7pm
Council Chamber, Malvern Town Hall,
(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 24 July 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 10 July 2017...... 3

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 559/16 - 33 Nicholson Street, South Yarra - Construction of a new dwelling on a lot in a Neighbourhood Residential Zone and Special Building Overlay 3

2.Amendment C243 - Permanent Heritage Protection for Blairholme House and Sutherland House, Lauriston Girls School, Malvern - Consideration of Submissions and Amendment C265 - Interim Heritage Protection for Sutherland House 3

3.Draft Reconciliation Action Plan 2017 - 2019...... 3

4.Festivals and Events Calendar 2018...... 3

5.The Chadstone Clinic, 1417 Dandenong Road, Malvern East - Appeal Against Refusal to Issue Tree Removal Permits 3

6.9 Prior Road, Malvern East - Appeal Against Refusal to Issue Tree Removal Permit....3

7.Beaver Street, Malvern East - Proposal to Install 2-HOUR Parking Restrictions...... 3

8.Rose Street, Armadale - Proposal to Install 2-HOUR Parking Restrictions...... 3

m)Other General Business

n)Urgent Business

o)Confidential Business

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Adoption and Confirmation of Minutes Of Previous Meetings

24 July 2017

Recommendation

That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 10 July 2017 and Minutes of the Confidential Meeting of the Stonnington City Council held on 10 July 2017 as an accurate record of the proceedings.

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General Business

24 July 2017

l)General Business

1.Planning Application 559/16 - 33 Nicholson Street, South Yarra - Construction of a new dwelling on a lot in a Neighbourhood Residential Zone and Special Building Overlay

Manager Statutory Planning: Alexandra Kastaniotis

General Manager Planning & Amenity: Stuart Draffin

PURPOSE

For Council to consider a planning application for the construction of a new dwelling at 33 Nicholson Street, South Yarra.

Executive Summary

Applicant: / KUD Architects
Ward: / North
Zone: / Neighbourhood Residential Zone – CL 32.09 – Schedule 3
Overlay: / Special Building Overlay
Neighbourhood Precinct: / Inner Urban
Date lodged: / 28 June 2016
Statutory days: (as at council meeting date) / 58
Trigger for referral to Council: / Seven or more objections.
Number of objections: / 8
Consultative Meeting: / Yes – held on 3 May 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 KUD Architects and are known as Project No. 15-016, Drawing No’s: TP01 – TP02, TP03-TP06 Rev C and TP07-TP12 Rev B all Council date stamped 4 May 2017.

Key features of the proposal are:

Demolition of the existing dwelling (no planning permit required).

Construction of a double storey dwelling.

The dwelling comprises an open plan living / dining / kitchen area at ground level and 3 bedrooms with a study nook at first floor.

Secluded private open space is located to the rear in the form of a patio accessed from the ground floor living/kitchen area.

A small area of secluded private open space is also provided in the form of an enclosed court yard on the west side of the dwelling.

Car parking is proposed in the form of a double car stacker located within a single width garage at the front of the dwelling. A new vehicle access is proposed to the site via the Nicholson Street frontage.

The proposed dwelling is setback from the rear boundary by approximately 5.45m at ground level. The proposed first floor rear elevation is angled with a minimum setback of 5.265 from the rear boundary.

The proposed dwelling would incorporate a flat roof with a parapet reaching a maximum height of 6.6m.

The dwelling frontage is of a contemporary finish and features aluminium slats to the ground and first floor set onto a charcoal concrete finish. The frontage also includes elements of full length glazing at ground and first floor level.

It is noted that the above plans represent a revised proposal following advertising and the consultative meeting. They include the following changes:

Changes to the finished floor levels in response to requirements of the Special Building Overlay. This resulted in no increase to the overall height of the building.

Reduction in the length of the proposed double storey east facing boundary wall from 26.16m to 23.09m. This included the removal of the angled protruding section beyond the front façade.

Replacement of double width internal garage with a single width double car stacker.

Significant front façade alterations including replacement of white perforated mesh finish, provision of additional glazing and increased articulation.

Reduction of vehicle driveway width.

Introduction of skylight windows along the east side of the roof.

Site and Surrounds

The site is located on the north side of Nicholson Street, South Yarra approximately 175 metres east of the intersection with Punt Road. The surrounding area is characterised by a mixture of single detached dwellings and semi-detached town house style development of single and double storeys. Architectural styles are a mixture of Edwardian and contemporary with some 1960s and 1970 multi-unit buildings dispersed throughout the wider area.

The site and adjoining properties have the following significant characteristics:

The site is a regular rectangle shape with front and rear boundaries 7.67m wide and a site depth of approximately 32m covering a total area of approximately 245sqm.

The site is currently occupied by a single storey three bedroom weatherboard dwelling.

There is currently no vehicle access available to the site.

The site frontage does feature a white painted timber picket fence.

Secluded Private open space is contained to the north side of the existing dwelling.

31 Nicholson Street to the west of the site houses a recently approved and constructed double storey contemporary dwelling on a 257sqm lot. The site features secluded private open space to the north side which includes a swimming pool. The dwelling was approved under Planning Permit No. 291/13.

35 Nicholson Street to the east of the site houses a double storey multi-unit building which appears of 1960/70s construction. The building is located to the east side of the lot with a communal driveway located along its west side adjacent to the subject site. The building houses a total of 8 dwellings and the overall lot size in approximately 516sqm.

32 Fawkner Street to the north of the site houses a single dwelling which has been subject to a first floor addition. The site includes secluded private open space to the south of the dwelling which also includes a swimming pool.

Opposite to the site to the south is a single storey dwelling with a site frontage in excess of 12m at No. 32 Nicholson Street.

Previous Planning Applications

A search of Council records indicates there have been no previous planning applications at the subject site.

The Title

The site is described on Certificate of Title Volume 04201 Folio 016 / Plan of Subdivision 692906. No covenants or easements affect the land.

Planning Controls

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

Clause 32.09 Neighbourhood Residential Zone

Pursuant to Clause 32.09-5 a permit is required to construct a dwelling on a lot less than 300 square metres.

Schedule 3 to the Neighbourhood Residential Zone states that:

A building used as a dwelling or a residential building 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 of the building is 2.5 degrees or more, in which case the height of the building must not exceed 10 metres.

In areas subject to the Special Building Overlay or the Land Subject to Inundation Overlay, the maximum building height may be exceeded by no more than the minimum additional building height required by the overlay provisions.

Clause 32.09-4 of the Neigbourhood Residential Zone requires a minimum garden area be provided for the construction or extension of a dwelling or residential building on a lot in accordance with the following table:

Lot Size / Minimum percentage of a lot set aside as garden area
400 -500 square metres / 25%
501-650 square metres / 30%
Above 650 square metres / 35%

Clause 32.09-9 of the Neighbourhood Residential Zone states that a building must contain no more than 2 storeys at any point.

Schedule 3 to the Neighbourhood Residential Zone also includes modified ResCode Standards as follows:

Standard / Requirement
Site Coverage / A5 and B8 / Basements should not exceed 75% of the site area.
Front Fence Height / A20 and B32 / Maximum height of 2 metres in streets in a Road Zone, Category 1.
Other streets 1.2 metres maximum height.

It is noted that the proposed replacement dwelling contains no more than 2 storeys and is therefore compliant with the maximum number of storeys under Clause 32.09-9.

It is also noted that the minimum garden area does not apply to this application given that the lot size is less than 400sqm.

Overlays

Special Building Overlay

Pursuant to Clause 44.05-1 a permit is required to construct a building or to construct or carry out works. The relevant floodplain management authority is the City of Stonnington.

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.

The table at Clause 52.06-5 states that two car parking spaces are required to each three or more bedroom dwelling with studies or studios that are separate rooms counted as bedrooms. The proposed dwelling contains three bedrooms and a study. As such a total of two car spaces are required. Two car spaces are proposed within a double car stacker. It is also noted that there is adequate space for one external car parking space within the front driveway. The parking provision therefore complies with Clause 52.06.

Clause 54 – One Dwelling on a Lot

An application to construct one dwelling on a lot less than 500 square metres must meet the objectives of Clause 54.

Relevant Planning Policies

Clause 11Settlement

Clause 15.01Urban Environment

Clause 15.02Sustainable Development

Clause 16.01Residential Development

Clause 21.01Overview

Clause 21.03Vision

Clause 21.05Housing

Clause 21.06Built Environment and Heritage

Clause 22.18Stormwater Management (Water Sensitive Urban Design)

Clause 22.23Neighbourhood Character Policy

Clause 32.09Neighbourhood Residential Zone

Clause 44.05Special Building Overlay

Clause 54One dwelling on a lot

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 a signs on the site). The public notification of the application has been completed satisfactorily.

The site is located in North Ward and objections from 8 different properties have been received. These objections can be summarised as follows:

Potential overlooking into the properties to the north of the site.

The impact of the proposed double storey wall to the eastern boundary.

The design and appearance of the dwelling most notably with regard to the streetscape elevation.

The loss of the existing trees on the site.

Lack of a meaningful landscape response.

Visual impact of the proposed double garage.

A Consultative Meeting was held on 03 May 2017. The meeting was attended by Councillors Griffin, Koce and Chandler, representatives of the applicant, objectors and a Council planning officer. Subsequent to the consultative meeting plans were revised on 4 May 2017 to show the following changes:

Increase in height of finished floor levels.

Reduction in the length of the proposed double storey east facing boundary wall.

Replacement of double width internal garage with a single width double car stacker in a garage.

Significant front façade alterations including replacement of white perforated mesh finish, introduction of aluminium slats and charcoal concrete finish.

Provision of additional glazing and increased articulation to dwelling frontage.

Reduction of vehicle driveway width.

Introduction of skylight windows along the east side of the roof.

The revised plans were also 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 a sign on the site).

One (1) additional objection was received as a result of advertising the revised plans. The objection can be summarised as follows:

32 Fawkner Street (north of subject site) indicated as being a single storey dwelling. It is noted that the dwelling has been subject to a first floor addition.

No landscape plan submitted. This was required in order to confirm trees along the rear boundary of the site would be provided.

Indication of screening to the first floor openings should be noted on the first floor plan. Screening should also be indicated as permanently fixed and in accordance with Clause 54.04-6.

Proposed rear boundary fence should be indicated on the proposed north elevation.

No formal objection withdrawals were received. The additional objection was received from a previous objector. The number of objections received therefore remains at eight (8).

Referrals

Infrastructure

The original plans were submitted to Councils Infrastructure Unit for comment. It was noted that although only the front of the property was affected by the flooding associated with the Special Building Overlay, as proposed the development would be subject to associated drainage problems if the floor level was not raised. It was recommended that all floor levels be at least 12.21 A.H.D. (200mm above the flood level). The garage floor level must be at least 12.16 A.H.D. (150mm above the floor level).

A standard condition was also recommended for inclusion in any permit for the legal point of discharge to be obtained from Council and a drainage design for the development to be prepared in accordance with that report prior to a building permit being issued.

The revised plans were also referred to Council Infrastructure Unit for comment. It was noted that they complied with the previous comments regarding finished floor levels.

Parks

Both sets of plans were referred to Councils Arborist for comment. No objection was raised towards the removal of either the existing lemon tree within the front setback or the Loquat tree from the east side boundary of the site. It was also noted that there was no formal landscape response to provide comment on.

Planner Note: Landscape provision has been indicated on the submitted ground floor plan. Given the dimensions of the site it is acknowledged landscaping opportunities are fairly minimal. However a formal landscape plan can be provided via condition. The landscaping provision at the site is discussed further in this report.

Councils Parks unit also raised objection to the removal of the existing street tree in order to provide a vehicle crossing onto the site. It is noted that the plans indicate the existing street tree to be retained.

Traffic

Council Traffic and Parking department reviewed the revised plans received and provided the following comments:

Parking Requirement

The provision of 2 parking spaces on site to serve a 3 bedroom dwelling in a car stacker was considered to be satisfactory. This is in accordance with the statutory requirement under Clause 52.06 (Car Parking) of the Stonnington Planning Scheme.

Traffic Generation

The anticipated traffic generated by the proposed development via Nicholson Street was not considered likely to have a significant impact on the operation of the surrounding road network.

Accessways – Design Standard 1

It was recommended that sight distance triangles be included on plans to accord with the requirements of Design Standard 1. It was noted that this is not technically required under the Planning Scheme but was considered to be an important safety consideration.

Car parking Spaces – Design Standard 2

The driveway was recommended to be a minimum of 5.4m in length.

Mechanical Parking – Design Standard 4

It was noted that the width of the proposed platforms was indicated as 2.3m. It was recommended that the width of the bay be increased to 2.4m in order to satisfy the Planning Scheme requirement for a parking bay width.

The clearance height of the mechanical parking spaces was considered satisfactory at 1.8m. It was noted however that the specification provided indicates at least 3.3m between the ground level and the top of the vehicle parked on the upper level. The submitted drawings however indicate a height of 3m available within the garage. It was recommended that this be addressed in order to demonstrate the functionality of the proposed car stacker.

Planner Comments

Dimensions demonstrating the required 2.4m width of the car parking bay for the proposed car stacker can be provided on revised plans via condition. It is considered there is adequate space within the proposed dwelling to accommodate the required width.

With regard to the height of the car stacker, it is noted there is a discrepancy between the specification height of the car stacker (3.3m) and the internal height of the proposed garage (3m). As a result of the shortfall in the required ceiling clearance height, the car stacker cannot operate as an ‘independent’ system and is required to operate as a ‘dependent’ system. This means that there may be situations where one vehicle is unable to exit the premises if the other vehicle is occupying the stacker, but given this proposal is only for one dwelling, such an arrangement is considered acceptable (it is no different to single width driveway arrangements where one vehicle would need to be moved to let the other one out). The proposed car stacker can still accommodate two vehicles internally. This is however subject to an additional vehicle manoeuvre. Given the proposal is for a single dwelling only, it is not considered this would cause significant disruption to traffic on Nicholson Street. This is considered to be an acceptable outcome. It shall be required through condition that the car stacker be indicated as operated as a ‘dependent system’.