Notice Paper
Monday 7 April 2014 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 www.stonnington.vic.gov.au under local laws.

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Council Meeting

Notice Paper

Monday 7 April 2014

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 24 March 2014...... 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 application 0977/13 - 69 newry street, windsor - construction of a multi-unit development on a lot within a residential 1 zone and special building overlay and associated car parking waiver 7

2.planning application 0515/13 - 336 malvern road, prahran - construction of a mixed use development in a mixed use zone and special building overlay with associated parking dispensation and waiver of the loading bay requirements 29

3.Trawalla Robertson local area, Toorak - Proposed trial turn restrictions...... 47

4.Metropolitan Transport Forum - pre-state election candidate forum ...... 51

5.Auditor General’s Report: Local Government: Results of the 2012-13 Audits...... 55

m)Other General Business

n)Urgent Business

o)Confidential Business

1.Prahran Market Pty Ltd - Lease Agreement Effective July 2014...... 59

2.Naming of Park - Former Surrey Road Depot site ...... 59

3.Public Acquisition Overlay, Windsor ...... 59

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Adoption and Confirmation of Minutes Of Previous Meetings

7 April 2014

Recommendation

That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 24 March 2014 and Minutes of the Confidential Meeting of the Stonnington City Council held on 24 March 2014 as an accurate record of the proceedings.

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General Business

7 April 2014

l)General Business

1planning application 0977/13 - 69 newry street, windsor - construction of a multi-unit development on a lot within a residential 1 zone and special building overlay and associated car parking waiver

Statutory Planning Coordinator: Phillip Gul

General Manager Planning & Development: Stuart Draffin

PURPOSE

For Council to consider a planning application for the construction of a multi dwelling development in a Residential 1 Zone and Special Building Overlay and associated car parking waiver at 69 Newry Street, Windsor.

Executive Summary

Applicant: / 3 Form Construction P/Ltd
Ward: / South
Zone: / Residential 1
Overlay: / Special Building Overlay
Date lodged: / 20/12/2013
Statutory days: / 92
Trigger for referral to Council: / More than 7 objections and Councillor call up
Number of objections: / 11
Consultative Meeting: / Yes, held on 5 March 2014
Officer Recommendation: / Issue a Notice of Decision to Grant a Planning Permit

BACKGROUND

History

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

Planning Permit 853/11 for the two lot subdivision of 362-380 High Street and 69 Newry Street was issued on 7 May 2012. New titles were issued for the subdivision on 22 May 2013.

Planning application No. 938/12 was lodged in December 2012 for the construction of a four storey residential building and associated car parking waiver. The applicant lodged an appeal against failure to determine within the prescribed time in May 2013 with the Victorian Civil and Administrative Tribunal. The applicant also submitted amended plans prior to the hearing, reducing the proposal from four storeys to three storeys and the number of apartments from 21 to 19 apartments. Prior to the amended plans being submitted, Council advised VCAT that had an appeal not been lodged, Council would have issued a Refusal to Grant a Planning Permit on the following grounds:

1.Melbourne Water (a referral authority) has objected to the proposal for the reasons outline in correspondence dated 21 February 2013 summarised as follows:

-The development will increase flood levels upstream

-The development does not allow for the passage of overland flows

-The scale and height of the building is out of character with the existing neighbourhood and does not meet the State and Local Planning Policies, including Clause 15.01-1 (Urban Design), Clause 22.02 (Urban Design Policy) and Clause 22.06 (Residential Character, Amenity and Interface Policy).

2.The proposed building, having regard to its extent of built form constitutes an overdevelopment of the site and does not respond to or respect the surrounding residential interfaces.

3.The excessive extent of the building cover precludes the possibility of an appropriate landscape response for the site.

4.The proposal will adversely impact on the amenity of its neighbours through visual bulk, overlooking and overshadowing and as a result fails to meet the Objectives and Policy Statements of Clause 22.06 (Residential Character, Amenity and Interface Policy) of the Stonnington Planning Scheme.

5.The proposed area of private open space allocated to dwellings G.04, 1.06, 1.08 and 2.07 is considered to result in a poor level of internal amenity for the dwellings.

6.The proposed parking provision does not comply with Clause 52.06-5 of the Stonnington Planning Scheme.

On the 18 October 2013, VCAT upheld Councils decision and no permit was granted for the three storey residential building accommodating 19 apartments.

The Proposal

The plans that form part of the basis of Council's consideration were prepared by Rothe Lowman Architects and are known as Drawing No’s: TP1.00 – SK5.07 and a Landscape Plan prepared by John Patrick all Council date stamped 20 December 2013. Specific details of the proposal are as follows:

Construction of a three storey building catering for 18 apartments and 16 car parking spaces.

The ground level comprises a car park catering for 16 car parking spaces within Klaus Multipark stackers, a bin storage area, storage units and 18 bicycle spaces. Access to the ground level car park is proposed via Newry Lane.

Pedestrian access is provided by way of a centrally positioned entry point from Newry Street.

The ground level also comprises 4 apartments (2 x 1 bedrooms and 2 x 2 bedrooms).

The first floor level comprises 8 apartments (4 x 1 bedroom dwellings and 4 x 2 bedroom dwellings).

The second floor level comprises 6 apartments (4 x 1 bedroom dwellings and 2 x 2 bedroom dwellings).

The overall building height proposed is 10.7 metres.

The building will comprise mid grey and silver cladding, natural and textured concrete and white and charcoal render. A flat roof form is proposed.

Site and Surrounds

The site is located on the south-western corner of the intersection of Newry Street and Newry Lane, approximately 42 metres south of High Street in Windsor. The land is zoned Residential 1 and has the following significant characteristics:

The land is regular in shape. It has a frontage of approximately 24m to Newry Street and a frontage of approximately 35m to Newry Lane. It has a total site area of approximately 834sqm.

The land was previously on one title with the existing Greek Orthodox Church of St Demetrios at 362-380 High Street to the north. The land has now been subdivided and the subject site is contained within its own lot.

The subject site caters for a single storey dwelling and 16 car parking spaces that have historically been informally used for parking associated with the Church on the northern neighbouring lot. There is no Planning Permit provision linking parking spaces to the church.

Land to the north is zoned Residential 1 and contains a Greek Orthodox Church of St Demetrios which fronts High Street. A vehicle crossover to Newry Street provides access to 2 car parking spaces.

To the south, on the opposite side of Newry Lane is a mixture of single and double storey dwellings.

To the east, on the far side of Newry Street are a number of two storey dwellings.

To the west of the site is a property addressed to 360 High Street, which houses a two storey building fronting High Street with a single storey building to the rear. Six dwellings occupy the site in total with the rear single storey building, which is located adjacent the subject site, housing two of the dwellings. A car park associated with the apartments is also located adjacent to the site.

The Title

The site is described on Certificate of Title Volume 11422 Folio 286 as Lot 2 on Plan of Subdivision 702740U. There are no covenants or easements that affect the land.

Planning Controls

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

Zone

Clause 32.01 Residential 1 Zone

Pursuant to Clause 32.01-4, a permit is required to construct two or more dwellings on a lot.

The subject site is proposed to be in a Residential Growth Zone.

Clause 44.05 Special Building Overlay

Pursuant to Clause 44.05-1 of the Stonnington Planning Scheme, a permit is required to construct a building or construct or carry out works.

Particular Provisions

Clause 52.06 – Car Parking

Pursuant to Clause 52.06-2 prior to a new use commencing or a new building being occupied, the car spaces required under Clause 52.06-5 must be provided on the land or as approved under Clause 52.06-3 to the satisfaction of the Responsible Authority.

Pursuant to Clause 52.06-3 a permit may be granted to reduce (including reduce to zero) the requirement to provide the number of car parking spaces required under this clause.

The table at Clause 52.06-5 specifies the following requirements for car parking:

1 car parking space to each one or two bedroom dwelling; and

1 visitor car space to every five dwellings where there are more than five dwellings on a lot

Based on the requirements of Clause 52.06-5 the use requires 21 car parking spaces. That is 18 resident spaces and 3 resident visitor spaces. The breakdown is as follows:

10 x 1 bed: 10 car parking space

8 x 2 bed: 8 car parking spaces

Resident visitor – 3 spaces

The development proposes 16 car spaces within a car stacker system. The applicant has advised that all spaces will be allocated to residents. As such, the applicant is seeking a waiver of 2 resident car parking spaces and 3 visitor car parking spaces.

Clause 52.34 – Bicycle Facilities

The table at Clause 52.34-5 specifies the following requirements for the provision of bicycle spaces

In developments of four or more storeys 1 bicycle space for every 5 dwellings (resident space)

In developments of four or more storeys 1 bicycle space for every 10 dwellings (visitor space)

Given that the development is less than four storeys, the provisions at Clause 52.34 do not apply. However, it is noted that the development proposes to provide 18 bicycle spaces.

Clause 55 – Two dwellings on a lot and residential buildings.

The site is zoned Residential 1 and therefore the provisions of Clause 55 are applicable to the assessment of this application.

Relevant Planning Policies

Clause 15.01 Urban Environment

Clause 15.01-2Urban Design Principles

Clause 16.01 Residential Development

Clause 21.05 Housing

Clause 21.06 Built Environment and Heritage

Clause 34.01Residential 1 Zone

Clause 52.06Car Parking

Clause 55Two or More Dwellings on a Lot

Clause 65Decision Guidelines

Advertising

The application was 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 three signs on the site. The public notification of the application has been completed satisfactorily.

Council has received 11 objections and they can be summarised as follows:

Traffic

Parking

Overlooking

Overshadowing

Character

Noise

Increased density

Flooding

Eyesore

Lower property values

Block views of the church

Lack of landscaping

Access

Safety

A Consultative Meeting was held on 5 March 2014. The meeting was attended by Councillor Sehr, representatives of the applicant, the applicant, objectors and two Council planning officers. No formal changes were made to the plans following this meeting.

Referrals

Infrastructure

Council’s Drainage Engineer assessed the advertised plans (Council date stamped 20 December 2013). The comments received can be summarised as follows:

Could you please place a condition on the permit stating that a report for the legal point of discharge must be obtained from Council and a drainage design for the development must be prepared by a suitably qualified Engineer in accordance with that report prior to a building permit being issued. The drainage must be constructed in accordance with the Engineer’s design.

Could you please place a condition that the existing levels of Newry Lane must not be altered in any way (to facilitate the ramp).

Melbourne Water

Melbourne Water assessed and provided comments on the advertised plans (Council date stamped 20 December 2013). The comments received are summarised as follows:

Melbourne Water, pursuant to Section 56 (1) of The Planning and Environment Act1987, does not object to the proposal, subject to the following conditions:

-Pollution and sediment laden runoff shall not be discharged directly or indirectly into Melbourne Water's drains or waterways.

-The ground floor apartments and lobby must be constructed with finished floor levels a minimum of 300mm above the applicable flood level.

-The entry / exit driveway of the car park must incorporate a flood proof apex of a minimum of 300mm above the applicable flood level.

-All external doors, windows, vents and openings to the car park must be a minimum of 300mm above the applicable flood level.

-The building must setback a minimum of 3.5 metres from the southern boundary (at ground floor level) to allow for the passage of overland flows. Cantilevered elements may encroach within the setback, providing that they achieve a minimum clearance height off the ground of 150mm above the applicable flood level.

-Imported fill must be kept to a minimum on the property and must only be used for the sub floor areas of the building and driveway ramp.

-Prior to the commencement of works a separate application, direct to Melbourne Water, must be made for any new or modified storm water connection to Melbourne Water's drains or watercourses. Prior to accepting an application, evidence must be provided demonstrating that Council considers that it is not feasible to connect to the local drainage system. Contact Asset Services on telephone 9679 6614 for Melbourne Water's connection requirements, including payment of appropriate fees.

- Prior to the issue of an Occupancy Permit, a certified survey plan, showing finished floor levels (as constructed) reduced to the Australian Height Datum, must be submitted to Melbourne Water to demonstrate that the floor levels have been constructed in accordance with Melbourne Water's requirements.

Footnote(s) to be placed on Permit:

The applicable flood level for the property is 26.08 metres to Australian Height Datum(AHD).

If further information is required in relation to Melbourne Water's permit conditions shown above, please contact Melbourne Water on telephone 9679 7517, quoting Melbourne Water's reference 218622.

Arborist

Council’s Arborist assessed the advertised plans (Council date stamped 20 December 2013). The comments received can be summarised as follows:

Hymenosporum flavum (Native Frangipani) does not reach its full potential in Melbourne’s climate, and would struggle to provide adequate screening to the proposed 3 storey building (particularly when planted in a south facing position).

Waste

Council’s Waste Management Coordinator assessed the advertised plans (Council date stamped 20 December 2013) and the Waste Management Plan submitted. The comments received can be summarised as follows:

A comprehensive Waste Management Plan prepared by Leigh Design Pty Ltd and dated 5 December 2013 accompanied this proposal. This document responded well to the waste management challenges presented in the plans I viewed, i.e., those prepared by Rothe Lowman Property Pty Ltd and date stamped by Council 20 DEC 2013.

Transport

Council’s Traffic Engineer assessed the advertised plans (Council date stamped 20 December 2013). The comments received can be summarised as follows:

The previous application included a shortfall of 3 visitor spaces and 1 residential space which were not considered satisfactory due to the lack of visitor parking. As such, the Transport and Parking Unit has some concerns with the revised application as this concern has not been addressed and an additional residential dwelling is proposed without on-site parking.

The Traffic Engineering Assessment (TEA) states that the development is expected to conservatively generate 5 vehicle movements per dwelling per day – 80 vehicle movements per day – which will not cause the total vehicle movements in Newry Lane to exceed 300, as specified in the Planning Scheme. This is considered satisfactory.

The TEA states that the accessway will be a minimum of 3.6m wide which is considered satisfactory.

It is noted that if cars are parked on the south side of Newry Lane this narrows the carriageway to a single lane. It may be difficult for vehicles to pass as both approaches to the property access are single lane. The TEA states that this is appropriate as a passing area is provided at the intersection of Newry Street and Newry Lane however there are concerns with this arrangement as the route is not straight and visibility of other vehicles is obscured.

The plans show that the headroom available within the garage is 3.706m however no details have been provided for the clearance at the entrance to the garage. The applicant is to confirm that a minimum height of 2.2m is maintained at the garage entrance with the door in the open position.

The blind aisle has not been dimensioned however the TEA includes swept path diagrams demonstrating that access to bays 9 and 10 is possible. The access includes many turning movements and, whilst not unsatisfactory, is not desirable. The Transport and Parking Unit recommend an extension of the blind aisle by 1m to ensure better access to these spaces.