MINUTES OF THE Urban Planning Committee Meeting

HELD AT THECouncil Chamber, Moreland Civic Centre, 90 Bell Street, Coburg

ONWednesday 24 January 2018

Present: / Time in / Time out
Cr Dale Martin (Chair) / 6.30 pm / 7.11 pm
Cr Natalie Abboud
Cr Sue Bolton / 6.30 pm / 7.11 pm
Cr Annalivia Carli Hannan / 6.30 pm / 7.11 pm
Cr Helen Davidson / 6.30 pm / 7.11 pm
Cr Jess Dorney / 6.30 pm / 7.11 pm
Cr Ali Irfanli / 6.30 pm / 7.11 pm
Cr John Kavanagh / 6.30 pm / 7.11 pm
Cr Mark Riley / 6.30 pm / 7.11 pm
Cr LambrosTapinos / 6.30 pm / 7.11 pm
Cr Oscar Yildiz JP / 6.30 pm / 7.11 pm

APOLOGIES:

Cr Abboud.

OFFICERS:

Acting Group Manager City Development – Robert Shatford

Planning Co-ordinator -Mark Hughes

Principal Urban Planner - Andy Wilson

Urban Planner - Troy Brown

Unit Manager Governance – Sally Curran

Governance Officer – Saskia Hunter

CONFIRMATION OF MINUTES:

Resolution
Cr Riley moved, Cr Irfanli seconded -
The minutes of the Urban Planning Committee meeting held on 20 December 2017 be confirmed.
Carried

INTERESTSAND/ORCONFLICTOFINTERESTS:

Nil.

COMMITTEE REPORTS:

DED1/18109 Cumberland Road, Pascoe Vale - Request to amend plans for MPS/2013/374 (D18/9363)
The application seeks approval for an amendment to plans endorsed under planning permit MPS/2013/374 via a process known as ‘secondary consent’. The amendment sought is an alteration to the location of fencing between Roger’s Memorial Reserve and the north side of the Pascoe Vale Swimming Pool. Applications made via secondary consent are not subject to the public notice provisions of the Planning and Environmental Act 1987.
The application is being reported to the Urban Planning Committee at the discretion of the Director Planning and Economic Development.
The report details the assessment of the application against the policies and provisions of the Moreland Planning Scheme.
The key planning considerations are whether the proposal meets the tests set by VCAT case law in the consideration of secondary consent applications including whether the change to the location of fencing would be of consequence.
It is recommended that the Secondary Consent application request be approved.
Officer Recommendation:
The Urban Planning Committee approves the secondary consent application to amend plans pursuant to Condition 2 of Planning Permit MPS/2013/374 to allow the relocation of fencing between Roger’s Memorial Reserve and the north side of the Pascoe Vale Swimming Pool.
Resolution
Cr Kavanagh moved, Cr Martin seconded -
The Urban Planning Committee:
Grants a Secondary Consent to the endorsed plans associated with Planning Permit No. MPS/2013/374which allows the construction of a medical centre, education centre, child care centre, art and craft centre, a place of assembly, reduction of car parking requirements and removal of native vegetation at 109 Cumberland Road, Pascoe Vale provided:
  1. That an amended plan be submitted to Council which relocates the chain wire fencing proposed to the northern side of the Pascoe Vale Swimming Pool to be relocated to align with the northern property boundary.
  2. That the amended plan once submitted in accordance with item 1 above, be approved and endorsed by Council, as the Responsible Authority.
Carried
DED2/18184-204 Newlands Road, Coburg North - Planning Permit Applicatiom MPS/2016/881 (D17/311419)
The application seeks approval for the construction of buildings and works associated with the existing use of the land with a reduction in the standard car parking requirements.The application was advertised and20 objections were received from 17 individual properties.The main issues raised in objections are:
The setback of the proposed buildings from Edgars Creek;
Appropriateness of the proposed landscaping treatments;
Increased noise and pollution resulting from the use; and
Traffic movements.
A Planning Information and Discussion meeting was held on 6 September 2017. No changes were made to the proposal following the meeting.
The report details the assessment of the application against the policies and provisions of the Moreland Planning Scheme.
The key planning considerations are:
Is the proposed development appropriate in the Industrial 1 Zone?
Does the built form adequately respond to the Environmental Significance Overlay (ESO)?
Has adequate landscaping been provided?
Has adequate car and bicycle parking been provided?
Have the traffic considerations been adequately addressed?
The proposal is appropriately setback from Edgars Creek and subject to conditions of approval will provide for appropriate landscaping treatments. This will ensure that the proposal presents an acceptable interface to Edgars Creek. The car parking provision meets the demand of the proposed number of staff and the surrounding road network is anticipated to adequately accommodate expected vehicle movements. The proposal will also generate additional employment opportunities within a dedicated core industry and employment area, which is a key objective of Council’s local planning policies.
It is recommended that a Notice of Decision to Grant a Planning Permit be issued for the proposal.
Officer Recommendation:
That a Notice of Decision to Grant a Planning Permit No. MPS/2016/881 be issued for the construction of buildings and works associated with the existing use of the land with a reduction in the standard car parking requirements at 184-204 Newlands Road, Coburg North, subject to the following conditions:
Amended Plans
1.Before the development commences, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans (advertised 19 July 2017) but modified to show:
a)Any modifications arising from the amended Sustainability Management Plan (Condition 3 of this permit)
b)Amended development plans which include:
i.Initiatives contained within the SMP and MUSIC reports, including:
ii.Where applicable, any stormwater treatment measures (eg. Pond(s)) contained within the endorsed SMP must be included on the stormwater drainage plan.
iii.A clear statement indicating that the stormwater harvesting system (rainwater tanks) must be completely independent of any detention requirements (through the Legal Point of Discharge process)
iv.Illustrate stormwater catchment areas (roof and paved areas), other impermeable areas and permeable areas and associated stormwater treatment initiatives (e.g. ponds and tanks).
v.Solar photovoltaic panels (40 kW).
vi.A section detail of the ponds (shown on development plans) including planting details. Detail to include overflow and the drainage pipe to be specifically annotated as being connected to the stormwater drainage system/LPOD. Planting details to be in line with the appropriate Ecological Vegetation Class (EVC).
vii.Illustration and annotation of secure bicycle parking and showers(12).
c)Secure, weatherproof, ground level, horizontal parking devices for 12 bicycles on site.The plans are to also specify the type of bike parking device and the dimensions shown must accord with the specifications in Bicycle Network’s Bicycle Parking Handbook.
d)The car parking spaces adjacent to the Newlands Road building line must be shown to be 5.4 metres long.
e)The access aisle on the site’s south boundary to be a minimum of 6.2metres wide where it is to be used for access to adjacent car parking spaces.
f)The vehicle crossover to Norfolk Court to be provided with 2 metre straight splays.
g)A landscape plan in accordance with condition 6 of this permit.
h)Gas and water meters shown on all relevant plans. Where any new meters would be visible from the public realm, they must not be in a stacked or placed vertically, and must be screened from view using either landscaping or fixed screening, unless otherwise agreed to in writing by the Responsible Authority.
i)A schedule of all proposed exterior decorations, materials, finishes and colours, including colour samples.
Secondary Consent
2.The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority. This does not apply to any exemption specified in Clauses 62.02-1 and 62.02-2 of the Moreland Planning Scheme unless specifically noted as a permit condition.
Sustainability Management Plan
3.Prior to the endorsement of plans, a Sustainability Management Plan (SMP) must be submitted to and approved to the satisfaction by the Responsible Authority. The SMP must demonstrate a best practice standard of environmentally sustainable design and be generally in accordance with the Sustainability Report by Moreland Energy Foundation and STORM report (Transaction ID: 450855) but modified to include the following changes:
a)Include Stormwater Treatment Diagram mentioned under Water Reuse and Stormwater.
b)An accompanying MUSIC model, developed by a suitably qualified professional, demonstrating best practice water sensitive urban design (i.e. minimum score of 100%) and addressing all impermeable areas and associated treatment (e.g. rainwater harvesting tanks connected to toilets, pond(s).
c)Ensure stormwater catchment areas, impermeable areas and permeable areas and associated treatments (e.g. ponds and tanks) align with development plans and MUSIC model.
d)Improve urban ecology by creating larger areas of landscaping and habitat around the buildings.
e)Address indoor environment quality by including light coloured roofing materials.
f)The Sustainability Implementation plan included in the SMP must address stormwater management initiatives and must identify the different areas of responsibility and provide a schedule for implementation, ongoing management, maintenance (including access requirements for regular dredging) and monitoring of WSUD initiatives included in the MUSIC model.
g)12 Bicycle parking facilities (50% above the minimum required in the planning scheme).
The amended report must achieve an overall score in the BESS tool of 50% or higher, and have ‘pass’ rates of 50% for the ‘Energy’, ‘Water’ and ‘IEQ’ categories and 100% for the ‘Stormwater’ category. When submitted and approved to the satisfaction of the Responsible Authority, the SMP and associated notated plans will be endorsed to form part of this permit.
Where alternative ESD initiatives are proposed to those specified in this condition, the Responsible Authority may vary the requirements of this condition at its discretion, subject to the development achieving equivalent (or greater) ESD outcomes in association with the development.
4.All works must be undertaken in accordance with the endorsed Sustainability Management Plan (SMP) to the satisfaction of the Responsible Authority.No alterations to the SMP may occur without the prior written consent of the Responsible Authority.
5.Prior to the commencement of occupation of any development approved under this permit, a report from the author of the Sustainability Management Plan (SMP) report, approved pursuant to this permit, or similarly qualified person or company, must be submitted to the Responsible Authority.The report must be to the satisfaction of the Responsible Authority and must confirm that all measures specified in the Sustainability Management Plan (SMP) have been implemented in accordance with the approved Plan.
Landscaping
6.Prior to the commencement of any development works, an amended landscape plan must be submitted to and approved by the Responsible Authority. The landscape plan must provide the following:
a)Identification of any existing tree(s) and vegetation on site and adjoining land proposed to be removed and retained, including the tree protection zone(s).Vegetation retainment must include strategies for the retainment (i.e. barriers and signage during the construction process).
b)A schedule of all proposed trees, shrubs and ground covers (including numbers, size at planting, size at maturity and botanical names), as well as sealed and paved surfaces. The flora selection and landscape design should be drought tolerant and based on species selection recommended in the Development Guidelines for the Merri Creek (Merri Creek and Environs Strategy Steering Committee, 2004).
c)Additional landscaping along the eastern interface, with dense planting in the south-eastern section of the subject site closest to Edgars Creek. The additional landscaping must include a planting mix of understorey, mid-storey and canopy vegetation, in accordance with the Moreland Open Space Strategy and Merri Creek and Environs Strategy 2009-2014.
d)Details of the location and type of all paved and sealed areas. Extensive hard surfaces are not supported. The adoption of porous/permeable paving, rain gardens and other water sensitive urban design features is encouraged.
7.Prior to the occupation of the development, whichever occurs first, all landscaping works must be completed and maintained in accordance with the approved and endorsed landscape drawing to the satisfaction of the Responsible Authority.
8.Prior to the commencement of works a tree protection zone must be established around the existing street trees in Newlands Road with barriers / fencing in accordance with the Australian Standard for Protection of trees on development sites (AS4970-2009) or in accordance with Council’s Arborist direction to the satisfaction of the Responsible Authority.
9.Prior to the commencement of occupation or at a later date with the prior written consent of the Responsible Authority, the owner must pay Council to remove and provide advanced replacement tree(s) in an appropriate location in a nature strip nearby in accordance with the Moreland Street Landscape Strategy for each street tree removed for the vehicle crossing, to the satisfaction of the Responsible Authority.
General Conditions
10.The area marked as a loading bay on the endorsed plan must not be used for any other purpose.
11.Prior to the occupation of the development, any existing vehicle crossing not to be used in this use or development must be removed and the kerb and channel, footpath and nature strip reinstated to the satisfaction of the Responsible Authority (Moreland City Council, City Infrastructure Department).
12.All stormwater from the land, where it is not collected in rainwater tanks for re-use, must be collected by an underground pipe drain approved by and to the satisfaction of the Responsible Authority (Note: Please contact Moreland City Council, City Infrastructure Department).
13.The stormwater run-off from the accessway must not flow out of the property over the public footpath to the satisfaction of the Responsible Authority.
14.All development of the premises involving the emission of dust and other air quality indicators must comply with the State Environment Protection Policy (Air Quality Management).
Waste Management Plan
15.Before the development commences, a Waste Management Plan (WMP) to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The WMP must detail how various types of waste will be collected from the site.
16.The Waste Management Plan approved under this permit must be implemented and complied with at all times to the satisfaction of the Responsible Authority unless with the further written approval of the Responsible Authority.
Development Contribution Plan Levy
17.Prior to the issue of a Building Permit in relation to the development approved by this permit, a Development Infrastructure Levy must be paid to Moreland City Council in accordance with the approved Development Contributions Plan. The Development Infrastructure Levy is charged per 100 square metres of leasable floor space.
If an application for subdivision of the land in accordance with the development approved by this permit is submitted to Council, payment of the Development Infrastructure Levy can be delayed to a date being whichever is the sooner of the following:
a maximum of 12 months from the date of issue of the Building Permit; or
prior to the issue of a Statement of Compliance for the subdivision.
When a staged subdivision is sought, the Development Infrastructure Levy must be paid prior to the issue of a Statement of Compliance for each stage of subdivision in accordance with a Schedule of Development Contributions approved as part of the subdivision.
Erosion Management Overlay
18.Prior to the commencement of any buildings and/or works, including the removal, destruction or lopping of any vegetation, and/or the certification of any plan of subdivision:
a)The impact of the final design of the buildings and/or works, removal, destruction or lopping of vegetation and/or subdivision on slope stability must be assessed and certified by a chartered geotechnical practitioner with experience in slope stability;
b)Certification by way of a completed ‘Geotechnical Declaration and Certification’ form generally in accordance with the Geotechnical Declaration and Certification Form, Moreland City Council, November 2012, must be lodged with the responsible authority; and
c)Any changes to the final design/plan which are recommended by the chartered geotechnical practitioner must be shown on amended plans submitted to, and approved by, the responsible authority.
19.The buildings and/or works, including removal, destruction or lopping of vegetation, and/or subdivision must be undertaken in accordance with any requirements of a chartered geotechnical practitioner.
20.If the certification by the chartered geotechnical practitioner includes any recommendations or requirement for ongoing maintenance of the buildings and/or works, prior to the commencement of building and/or works the owner must enter into an agreement with Council pursuant to section 173 of the Planning and Environment Act 1987 which is to be registered on the title to the land. The agreement will set out a regime for the recommended or required maintenance and the obligation of the owner to comply with such recommendations and/or requirements. The owner is to pay all reasonable costs of Council in the preparation and execution of the agreement.
Melbourne Water Conditions
21.Prior to the endorsement of plans and the commencement of works, a landscape plan that illustrates the vegetation screening buffer that is to occur between the development and Edgars Creek must be submitted to Melbourne Water for approval. The plan must include a species list of the type of plants that are to be used relevant to the current Ecological Vegetation Class. The landscape plan that is endorsed must be implemented to ensure that the development is adequately screened from the waterway.
22.Prior to the commencement of works, a Site Environmental Management Plan (SEMP) or equivalent must be submitted to Melbourne Water for approval and implemented to ensure that waterway values are protected during the construction process. At a minimum this must include sediment controls to avoid direct or indirect sediment discharge to any waterways.
23.No soil or fill material from the construction is to be stored within 10 metres of the top of bank of Edgars Creek.
Time limit