Notice Paper
Monday 16 October 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 16 October 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 2 October 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 1243/16 - 12 Aberdeen Road, Prahran - Construction of two dwelling on a lot and a reduction in car parking requirements in a general residential zone 3

2.Planning Application 0593/17- 33-35 Huntingtower Road, Armadale - Construction of a two storey apartment building compromising ten dwellings 3

3.Planning Application 1308/16 - 1034-1040 Malvern Road & 16 Murray Street, Armadale - part demolition, use and development of the land for a childcare centre, provision of part of the car parking requirement on another site, and variation of an easement.
Planning Application 1309/16 - 1074-1076 Malvern Road, Armadale - partial demolition, buildings and works, business identification signage associated with an existing education centre and child care centre in a Heritage Overlay, Incorporated Plan Overlay and General Residential Zone. 3

4.Planning Application 234/17 - 254 Wattletree Road, Malvern - Construction of a four storey residential building containing six dwellings, reduction in car parking requirements and alteration to a road in a road zone, Category 1 3

5.Statement of Commitment to Child Safety ...... 3

6.Stonnington Public Health and Wellbeing Plan 2017-2021...... 3

7.Annual Report 2016/17...... 3

8.Darling Road, Malvern East - Proposal to Install Illuminated School Zone Signage.....3

9.Recreation Projects Wadsworth Field and Sir Robert Menzies Reserve...... 3

10.Council meeting Dates 2018...... 3

m)Other General Business

n)Urgent Business

o)Confidential Business

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Adoption and Confirmation of Minutes Of Previous Meetings

16 October 2017

Recommendation

That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 2 October 2017 as an accurate record of the proceedings.

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General Business

16 October 2017

l)General Business

1.Planning Application 1243/16 - 12 Aberdeen Road, Prahran - Construction of two dwelling on a lot and a reduction in car parking requirements in a general residential zone

Manager Statutory Planning: Alexandra Kastaniotis

General Manager Planning & Amenity: Stuart Draffin

PURPOSE

For Council to consider a planning application for the construction of two dwellings on a lot and a reduction in car parking requirements in a General Residential Zone at 12 Aberdeen Road, Prahran.

Executive Summary

Applicant: / Nixon Tulloch Fortey Architecture Pty Ltd
Ward: / South
Zone: / General Residential Zone – Schedule 10
Overlay: / None
Neighbourhood Precinct: / Inner Urban
Date lodged: / 1 December 2016
Statutory days: (as at council meeting date) / 39
Trigger for referral to Council: / More than 7 objections and Councillor call-up
Number of objections: / 12
Consultative Meeting: / Yes – held on 30 August 2017
Officer Recommendation: / Notice of Decision to Grant a Planning Permit

BACKGROUND

The Proposal

The plans that originally formed part of the basis of Council's consideration were prepared by Nixon Tulloch Fortey Architecture Pty Ltd and are known as File No. 1243/16, Drawing No.s: TP0-001 Rev C, TP0-002 Rev C, TP0-100 Rev C, TP0-200 Rev C, TP1-100 Rec C, TP1-101 Rev, TP1-102 Rev C, TP1-103 Rev C, TP2-100 Rev C & TP2-101 Rev C, TP3-100 Rev C and TP9-100 Rev B to TP9-109 Rev B and Council date stamped 24 May 2017, and Drawing No.s: TP10-100 Rev A and Council date stamped 11 December 2016. STORM Rating Report and BESS Report were prepared by the Applicant and submitted to Council 24 May 2017, as well as Landscape Plan prepared by John Patrick Landscape Architects Pty Ltd submitted to Council 24 May 2017 and Feature and Level Survey Plan prepared by Carson Simpson Pty Ltd and submitted to Council 12 July 2017.

Key features of the proposal are:

Construction of two three storey dwellings each containing three bedrooms and one car parking space located to the rear (south) of the site and accessed via Kent Lane.

The maximum building height will be 9 metres from natural ground level.

The ground floor setback from Aberdeen Road will range from 4.475 metres to 5.065 metres (east to west), and due to the cantilevered first floor terraces, the first floor setback is 3.475 metres to 4.055 metres (east to west) from Aberdeen Road.

The proposal features a light court along the eastern elevation for a length of 6 metres and setback from the eastern boundary a minimum of 1.39 metres and a light court along the western elevation for a length of 4.81 metres at ground floor and 7.615 metres at first floor, with a setback of 1.07 metres from the western boundary.

External materials include brick, metal cladding and render.

To respond to concerns raised by Council’s Planning Officers and within objections, the Applicant formally lodged Drawing No.s TP0-001 Rev D, TP0-100 Rev D to TP1-102 Rev D and TP2-100 Rev D to TP9-109 Rev D (Council date stamped 7 September 2017) and TP0-002 Rev D and TP1-103 Rev D (Council date stamped 8 September 2017) as revised application plans under Section 57A of the Planning and Environment Act 1987. The revised plans include the following main changes:

Increased setback of the ground floor from eastern boundary located adjacent to the light court located at No. 14 Aberdeen Road to 1.415 metres.

Increased setback of the first and second floor from the eastern boundary located adjacent to the light court located at No. 14 Aberdeen Road to 1.39 metres.

Site and Surrounds

The site is located on the southern side of Aberdeen Road, approximately 46.5 metres from the intersection of Williams Road. The site has the following significant characteristics:

The subject site is irregular in shape with a lot frontage of approximately 9 metres to Aberdeen Road, a rear frontage of approximately 9.3 metres to Kent Lane, a depth of approximately 26 metres resulting in a site area of approximately 237 square metres.

The site is predominately flat and is currently occupied by a single storey dwelling which is constructed to each boundary. The existing dwelling on the site has a street setback of approximately 3.175 metres to 3.746 metres (east to west) to the principal façade, it is noted that there is a front verandah within this setback.

There is no significant vegetation on the site and there is an existing garage in the south east corner of the site which allows for one car space accessed via Kent Lane.

The subject site forms part of an established residential area that exhibits a mixture of dwelling types including semi-detached single and double storey dwellings and multi-unit residential buildings of three storeys. There are several examples of side-by-side unit development. Roof styles consist of a mixture of flat and pitched metal and tiled roofs.

The site is located within an area that has good access to services and facilities. The subject site is located adjacent to the Prahran East Village Activity Centre, and within close proximity of the Chapel Street Activity Centre. These are commercial centres with both local and regional roles accommodating larger scale retail uses, entertainment uses and goods and services to meet everyday and specialty needs.

The subject site is within close proximity to public transport with tram services operating along High Street approximately 40 metres to the south of the site and bus services operating along Williams Road, approximately 46.5 metres to the west of the site. The site is also located within approximately 1km of both Windsor Railway Station and Toorak Railway Station.

The site’s immediate abuttals are as follows:

To the west of the site is No. 8A Aberdeen Road which contains a double storey dwelling constructed along the common boundary with the subject site and features vehicle access via Kent Lane. The dwelling features a first floor light court associated with three first floor habitable room windows, setback 2.175 metres from the common boundary of the lot and constructed above an existing glazed roof at ground floor. The dwelling forms part of a pair with No. 8 Aberdeen Road, which was approved under Planning Permit No. 899/06;

To the east of the site is No. 14 Aberdeen Road which contains a double storey dwelling constructed along the common boundary with the subject site and features vehicle access via Kent Lane. The dwelling features a light court associated with three ground floor habitable windows and one first floor habitable room window, which is constructed 1.05 metres from the common boundary of the lot. The dwelling forms part of a pair with No. 14A Aberdeen Road, which was approved under Planning Permit No. 1098/99;

To the south is Kent Lane, which is a 4 metre wide laneway. Beyond Kent Lane is the Prahran East Village Activity Centre. More specifically, No. 437-439 High Street, which is occupied by three storey office building that features vehicle access from Kent Lane approved under Planning Permit No. 532/01;

To the north is Aberdeen Road. Beyond that is No. 11 Aberdeen Road, which is occupied by a two storey commercial building constructed along all boundaries of the lot.

Previous Planning Application(s)

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

Planning Permit No. 1144/07 for No. 12 Aberdeen Road Prahran issued on 31 March 2008 for alterations and additions to a dwelling on a lot less than 500 square metres in a Residential 1 Zone. The permit approved a first floor addition to the rear (south) of the dwelling with a maximum wall height of 7.72 metres constructed along the east and west boundaries. This permit was not acted upon and has lapsed.

The Title

The site is described on Certificate of Title Volume 04040 Folio 916 / Lot 1 on Title Plan 253412A and no covenants or easements affect the land.

Planning Controls

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

Zone

General Residential Zone - Clause 32.08

Pursuant to Clause 32.08-6, a permit is required to construct two or more dwellings on a lot.

Clause 32.08-4 of the General 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%

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

Clause 32.08-9 of the General Residential Zone states that a building must contain no more than 3 storeys at any point. It is noted that the proposal contains no more than 3 storeys and is therefore compliant with the maximum number of storeys under Clause 32.08-9.

Schedule 10 to the General Residential Zone requires that dwellings and residential buildings 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. A lift overrun may exceed the abovementioned mandatory height requirements by no more than 1.2 metres. The proposal has a maximum height of 9 metres and therefore, complies with the maximum height limit.

Schedule 10 also includes modified ResCode standards as follows:

Standard / Requirement
Site Coverage / A3 and B8 / Basements should not exceed 75% of the site area.
Landscaping / B13 / In addition to the requirements of B13, at least one canopy tree should be planted on the site.
Side and Rear Setbacks / A10 and B17 / For a distance of at least 5 metres behind the front façade of the building fronting the street, setback new buildings (including basements) a minimum of 2 metres from at least one side boundary and at least 1 metre from the other side boundary up to 3.6 metres in height.
Where no setback is specified, standard A10 or B17 applies.
Walls on Boundaries / A11 and B18 / Walls should not be located on side boundaries for a distance of 5m behind the front facade of the building fronting the street.

Particular Provisions

Clause 52.06 – Car Parking

Pursuant to Clause 52.06-2, the car parking spaces required under Clause 52.06-5 must be provided on the land prior to the commencement of a new use. A permit may be granted to reduce the number of car spaces required by the table included in Clause 52.06-5.

Pursuant to Clause 52.06-5 a dwelling requires the following car parking rates:

1 parking space for each one or two bedroom dwelling.

2 parking spaces for each three or more bedroom dwelling.

1 parking space for visitors to every 5 dwellings for developments of 5 or more dwellings.

The proposed development generates a statutory requirement to provide 4 car spaces for residents and zero car spaces for visitors. The proposal provides 2 car spaces for residents, with 1 car space to each dwelling located in the rear (south) of the site accessed via Kent Lane. Therefore, a permit is therefore required for the reduction of 2 car spaces.

Clause 52.34 - Bicycle Parking

Pursuant to Clause 52.34-1, a new use must not commence or the floor area of an existing use must not be increased until the required bicycle facilities and associated signage has been provided on the land.

Pursuant to Clause 52.34-3:

A dwelling requires the following rates:

In developments of four or more storeys, 1 to each 5 dwellings for residents.

In developments of four or more storeys, 1 to each 10 dwellings for visitors.

Given two dwellings are proposed with a maximum three storey height, there is no requirement for bicycle parking within the development.

Two or More Dwellings on a Lot and Residential Building - Clause 55

An application for two or more dwellings on a lot must meet the objectives of Clause 55.

Relevant Planning Policies

Clause 15 / Built Environment and Heritage
Clause 16 / Housing
Clause 21.03 / Vision
Clause 21.05 / Housing
Clause 21.06
Clause 22.05 / Built Environment and Heritage
Environmentally Sustainable Development
Clause 22.18 / Stormwater Management
Clause 22.23 / Neighbourhood Character Policy
Clause 32.08 / General Residential Zone
Clause 52.06 / Car parking
Clause 55 / Two or more dwellings on a lot and residential buildings
Clause 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 2 signs on the site. The public notification of the application has been completed satisfactorily.

The site is located in South Ward and objections from twelve (12) different properties have been received on the following grounds:

Concerns about demolition of the original building;

Neighbourhood character (third storey is inconsistent with streetscape) and overdevelopment of subject site;

Inappropriate building height;

Front setback does not reflect the streetscape;

Amenity impact (loss of daylight, overshadowing, overlooking); and

Insufficient car parking spaces and increase in traffic.

A Consultative Meeting was held on 30 August 2017.

The meeting was attended by Councillors Hindle and Stefanopoulos, representatives of the applicant, objectors and a Council planning officer. Following the Consultative Meeting, revised plans were submitted on 7 September 2017. They show a reduction to built form adjacent the existing light court located at adjoining dwelling to the east of the site. Specifically, the plans show the following changes:

Increased setback of ground floor from eastern boundary as located adjacent the light court located at No. 14 Aberdeen Road to 1.415 metres.

Increased setback of first and second floor from eastern boundary as located adjacent the light court located at No. 14 Aberdeen Road to 1.39 metres.

The plans were not re-advertised given the amendments involve a reduction to the scale of the development and there will be no increase in material detriment beyond the plans that were originally advertised.

Referrals

Parks

Council’s Parks Department has confirmed that there is no significant vegetation on the site and have reviewed the plans, including Landscape Plan prepared by John Patrick Landscape Architects, submitted to Council on 24 May 2017 and provided comment that the Landscape Plan is suitable for approval.

Infrastructure

Council’s Infrastructure Unit reviewed the plans submitted to Council on 24 May 2017 and Feature and Level Survey Plan prepared by Carson Simpson Pty Ltd submitted to Council 12 July 2017 and provided the following comments:

The proposed floor level is marginally below the top of Kent Lane at the south-east corner of the site. Any overland flow along Kent Lane will be directed into the backyard/car spaces associated with the dwellings and during any rainfall event of any significance, that overland flow is likely to flow into the dwellings. The levels and cross fall of the lane are such that overland flow will be directed towards the property which is likely to exacerbate the problem. The level of the floors should be at least 200mm above the level of the top of kerb meaning that the floor levels will need to be raised by that amount. Further, levels should be shown on the plans including existing levels at the rear on the lane and finished levels for the rear yards.

There is also a grated side-entry pit in the lane which is critical for the drainage and it is not apparent how this can be modified to accommodate the two vehicular crossings without further compromising and reducing the effectiveness of the pit. The fact that there is a pit there is likely to create turbulence with the overland flow along the lane which will further exacerbate the potential for flooding of the development. An application for the crossings should be formally made to Infrastructure to ascertain if the crossings will be approved and if so, what conditions will be applicable. Any required works to the pit is likely to be significant and costly.