Council Minutes
Monday 14 December 2015
MINUTES
of the ORDINARY MEETING of the STONNINGTON CITY COUNCIL
held in the COUNCIL CHAMBER, STONNINGTON CITY CENTRE
(CORNER GLENFERRIE ROAD & HIGH STREET, MALVERN)
on
14 December 2015
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 30 November 2015 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
1. Reports of Committees: IMAP 10
K. Reports by Delegates
L. General Business
1. Planning Application 0971/13 – 176 Wattletree Road, Malvern – part demolition and alterations and additions to a building in a General Residential Zone and Heritage Overlay associated with the use of the land as a medical centre and dwelling (as of right) and reduction in the statutory parking requirements 11
2. Planning Application 0541/15 - 16-22 Claremont Street, South Yarra – Construction of a 32-storey mixed use building and a reduction in the car parking requirements 15
3. Planning Application 0574/15 – 14 - 18 Porter Street, Prahran – Construction of a part six and part eight storey mixed use building and reduction in the provision of car parking 24
4. Planning Permit Application 0385/15 - 1795 Malvern Road, Glen Iris – Construction of a multi-dwelling development in a General Residential Zone and alterations to a Road in a Road Zone, Category 1. 24
5. Planning Application 0507/13- 1935 Malvern Road, Malvern East - Use and development of the land for dwellings (Section 2 use), food and drink premises and office (as of right uses) in a Commercial 1 Zone and Special Building Overlay and a reduction of the car parking requirements and loading bay requirements 25
6. Planning Application 0267/15 - 481 Malvern Road, South Yarra – Partial demolition, use and development of part of the land for a dwelling on a lot in a Commercial 1 Zone and Heritage Overlay and a reduction in the parking requirements for the existing shop. 30
7. Planning Application 0410/15- Tok H Shopping Centre, 459-465 Toorak Road, Toorak - Part use of the land as a car wash, variation to the car wash requirements of Clause 52.13, and associated buildings and works and internally illuminated business identification signage in a Commercial 1 Zone and Design and Development Overlay 32
8. Planning Application 0566/15 - 240-242 Malvern Road, Prahran - Buildings and works to an existing medical centre (associated with 12 people providing health services) and business identification signage in a Public Use Zone and Design and Development Overlay. 35
9. Planning Application 0775/13 – 143 Canterbury Road, Toorak – Construction of a part 5 and part 6 storey dwelling in a Commercial 1 Zone and Design and Development Overlay 38
10. Plan Melbourne Refresh 42
11. Draft Hawksburn Village Structure Plan 42
12. Amendments C224 and C225 - Heritage Protection for Four Federation Houses, Toorak 42
13. Amendment C189 - Heritage Protection Toorak House Precinct 45
14. Melbourne Metro Rail Project 45
15. Community Gardens in Stonnington 46
16. Local Government Act Review 43
17. Arts and Culture Grants 2015-16 Cabaret Festival 44
18. Council Committees, Delegates/Representatives 2016 46
19. Adoption of Changes to Local Law Meeting Procedures Section and Other Minor Administrative Changes. 44
20. Prahran Market Operating Report to Council for the Quarter Ended 30 September 2015 45
21. Request for Out of Cycle In-Kind Rental Waiver for use of Prahran RSL Hall 48
M. Other General Business
N. Urgent Business
O. Confidential Business
Page 3
Council Minutes
Monday 14 December 2015
Present : cr claude ullin, mayor
: cr tini athanasopoulos
: cr jim athanasopoulos
: cr john chandler
: cr jami klisaris
: cr matthew koce
: cr john mcmorrow
: cr melina sehr
Council Officers Present
: warren roberts, ceo
: geoff cockram
: simon thomas
: karen watson
: stuart draffin
: fabienne thewlis
: augrette malki
Page 4
Council Minutes
Monday 14 December 2015
A. Reading Of The Reconciliation Statement And Prayer
Fabienne Thewlis, Manager Governance & Corporate Support, read the following 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.
The meeting began with a prayer at 7.02pm.
The Mayor, Cr Ullin, introduced Councillors and the CEO, Warren Roberts. The CEO introduced Council Officers.
B. Apologies
The Mayor, Cr Ullin, noted that, at an earlier Council Meeting, Cr Davie had been granted leave of absence for tonight’s Council Meeting.
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. / Council Meeting - 30 November 2015Motion: Moved Cr Melina Sehr Seconded Cr Tini Athanasopoulos
That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 30 November 2015 and the Confidential Minutes of the Council Meeting of the Stonnington City Council held on 30 November 2015 as an accurate record of the proceedings.
Carried
D. Disclosure by Councillors of any conflicts of interest in accordance with Section 79 of the Act
Cr Sehr declared a Direct Conflict of Interest in relation to Item 3 - 14-18 Porter Street, Prahran, as she lives in close proximity to the subject site and the development, if approved, will be visible from her property.
Cr Jim Athanasopoulos declared a Direct Conflict of Interest in relation to Item 2 – 16-22 Claremont Street, South Yarra, as he lives in the area of the proposed development.
E. Questions to Council from Members of the Public
The Mayor Cr Ullin, read the following statement:
During Council’s previous Ordinary Meeting no set of questions to Council was received from members of the public.
For tonight’s Ordinary Meeting of Council no set of Questions to Council has been received for response.
F. Correspondence – (only if related to council business)
Cr McMorrow tabled the following correspondence:
· Correspondence in relation to Item 3 - 14-18 Porter Street, Prahran:
Ø An email (11.12.15) from residents of Percy Street, Prahran, objecting on the grounds of removal of a wall on their property and insufficient drainage resulting in likely future flooding.
Ø An email (11.12.15) from a neighbouring resident of Greville Street, Prahran, objecting on the grounds of overlooking; privacy issues; major drainage issues; and inadequate steps to prevent damage to the structural integrity of neighbouring properties during construction.
· An email (7.12.15) from the Community Services Chair, Rotary Club of Prahran, seeking use of the Prahran RSL Sub-Branch for health and wellbeing activities and noting it was on this agenda.
· Correspondence in relation to the Punt Road Public Acquisition Overlay (PAO):
Ø An email (10.12.15) asking Council to protect the community, environment, and residential amenity of residents who use and cross Punt Road,
Ø An email (3.12.15) asking Council to consider the future of Punt Road and the impact on residents of removing the PAO.
Ø An email (2.12.15) urging Council to state its position on the future of Punt Road.
Cr Chandler tabled the following correspondence:
· A letter (18.12.15) in relation to Item 2 - 16-22 Claremont Street, South Yarra, expressing concern about the worsening of traffic issues in already overcrowded streets; and an increase in problems created by high rise buildings in the area.
Cr Ullin tabled the following correspondence:
· Correspondence in relation to Item 3 - 14-18 Porter Street, Prahran:
Ø An email already tabled in relation to Item 3.
Ø Six emails (9, 10 & 11.12.15) from seven residents of 108 Greville Street, Prahran, objecting to the development on grounds including: demolishing of a brick wall which provides security, and protects trees and a garden; overlooking; drainage issues; possible structural damage to neighbouring properties; neighbourhood amenity issues; long traffic delays and parking issues as the result of construction activities; and overshadowing.
Ø Six emails (9, 11, 13 & 14.12.15) from eight residents of 26 and 28 Porter Street, Prahran, objecting on grounds including: overlooking; drainage issues; demolition of a wall; structural issues for adjoining properties; excessive height; overshadowing; exacerbation of existing traffic congestion; and excessive scale and size in Porter Street.
· Correspondence in relation to the Punt Road PAO:
Ø Three emails already tabled in relation to this matter.
Ø Two emails (2 & 3.12.15) agreeing with the position taken by another resident and asking Council to give adequate consideration to the matter and take a consistent position.
Ø An email (10.12.15) thanking the Mayor, Cr Ullin, for participating in a video, advocating the removal of the Punt Road PAO and not supporting widening.
Ø An email (9.12.15) from David Davis MP inviting Councillors to attend or watch online a debate in the Legislative Council about the release of documents in relation to the widening of Punt Road.
Ø An email (8.12.15) and a Submission on behalf of residents at 4 Gordon Grove, South Yarra, noting issues in relation to the Acquisition Overlay; asking Council to support full-time clearways on Punt Road; and opposing the widening of Punt Road on grounds including: residential amenity impacts; traffic increases; safety issues; heritage issues; and economic impacts.
Ø A letter (1.12.15) from a resident of Raleigh Street, Windsor, congratulating Council on its strong representations in support of a rail interchange at Osborne Street, South Yarra, but expressing disappointment about Council’s lack of response in relation to the possible removal of the PAO in Punt Road.
· An email (9.12.15) in relation to Item 2 - 16-22 Claremont Street, South Yarra, expressing concern about the impact of the development on the Daly Street car park and another nearby car park, and thanking Council Officers for their response to an earlier email.
· An email (13.12.15) from residents of Wattletree Road objecting and asking questions in relation to Item 1 - 176 Wattletree Road, Malvern, including: questions about the enforcement of conditions; onsite parking issues; and issues in relation to bio-hazardous medical waste.
· Correspondence in relation to an application for outdoor dining and drinking at four venues on the mezzanine level at Chadstone Shopping Centre from 8am to 1am, Monday to Sunday:
Ø Three emails (2, 3 & 4.12.15) from three residents of Midlothian Street, East Malvern, objecting on grounds including: excessive late night noise seven days a week in a residential area; exacerbation of noise issues due to the height of venues; increases in antisocial behaviour; proximity to private open space; and severe residential amenity disruptions.
Ø Two emails (6 & 7.12.15) from three residents of Virginia Grove, Malvern East, objecting on grounds including: the lack of need for liquor facilities; ongoing and increasing neighbourhood amenity intrusions on residents; worsening of existing antisocial and criminal behaviour and littering after leaving venues; health issues for residents; increased local traffic; and security issues.
· Correspondence in relation to Planning Application 828/15 – 519-531A High Street, Prahran:
Ø Four emails (2, 7 & 8.12.15) from five residents of Aberdeen Road, Prahran, objecting on grounds including: excessive height; number of apartments; lack of parking; traffic management issues in relation to proposed entry/exit points; overlooking and overshadowing; privacy issues; waste management issues; heritage issues; and noise from increased traffic and equipment on the roof.
Ø An email (3.12.15) from a resident of High Street, Prahran, strongly objecting on grounds including: excessive height; heritage considerations; overshadowing; privacy issues; excessive noise; and local parking impacts.
· Two emails (10 & 11.12.15) from a resident about ongoing issues in relation to a smash repairer in Peel Street including: health issues; excessive noise; and fumes.
· An email already tabled in relation to the use of Prahran RSL Sub-Branch.
· An email (5.12.15) from the applicant for a permit for 89 Chapel Street, seeking information about why the application has been delayed.
· A series of emails (20 & 28.8, 12.9, 23.11 & 6.12.15) between a resident of White Street, Windsor, and Council Officers discussing issues in relation to the installation of a permit zone in White Street.
· An email (9.12.15) proposing that six outdoor multi-purpose courts and a pavilion be built on Thomas Oval for use by netball teams on the grounds of: need for outdoor space and engagement with the community.
· An email (4.12.15) in support of the current Lessee continuing as the lease holder for Kanteen, South Yarra, on the grounds of: the improvements made to the property and the area since the current lessee began operating the venue; the commitment of the lessee to improving the area and providing quality service; and the popularity and success of the venue.
· An email (14.12.15) strongly objecting to the 40kph zone along much of High Street on the grounds of: lack of need as the area is not excessively busy or dangerous; that this encourages traffic to use side streets with a 50kph limit; and potentially dangerous signage with information in small letters which may distract drivers.
G. Questions to Council Officers from Councillors
A / Tree damage in Dandenong RoadCr McMorrow said he had received two items of correspondence about tree damage in Dandenong Road as the result of developers paying no attention to local trees during construction. Cr McMorrow asked that Council Officers urgently review Council’s tree management policy. He suggested encouraging rather than punishing developers.
The General Manager, Planning and Amenity, Stuart Draffin, took the question on notice.
B / 24 hour Boxing Day sale at Chadstone Shopping Centre
Cr John McMorrow said he has had discussions with residents in relation to the 24 hour Pre-Christmas days and Boxing Day sale at Chadstone Shopping Centre. He noted that in the past there have been parking issues in Bowen Street and around Chadstone Shopping Centre, with cars parking on nature strips and across driveways despite there being adequate parking in the Chadstone car park. This will be exacerbated with the current development limiting some parking. Cr McMorrow referred this issue to Council Officers.
The General Manager Assets and Services, Simon Thomas, said that Council Officers have been with Victoria Police. He said there will be additional police and TENIX patrols on the relevant days. Victoria Police has undertaken to increase enforcement this year.
C / Tree Branch Work - Thank You
Cr John McMorrow said he had received an email thanking Council for its excellent service when high winds caused a tree branch to fall across a laneway.
D / Recent introduction of a 40kph speed limit on High Street, Malvern
Cr John McMorrow said he had received an email thanking Council for its excellent service when high winds caused a tree branch to fall across a laneway.
Cr McMorrow said he had received correspondence objecting to the recent introduction of a 40kph speed limit on High Street, Malvern, as it was causing people to use side roads with a 50kph limit. He asked if Council Officers could ask VicRoads to rescind these speed limits on High Street from Aintree to St Kilda Roads.
The General Manager Assets and Services, Simon Thomas, took the question on notice.
E / Masterplan for Harold Holt Swim Centre
Cr Matthew Koce noted that Summer had arrived and asked if a report on the Masterplan for Harold Holt Swim Centre could come to the first Council Meeting in 2016. He noted that some work had been done and said it would be good to commence consultation with the community shortly. He expressed the hope of progress early in 2016.
The Mayor, Cr Ullin, said that the matter would be discussed at the Councillor Weekend in January 2016.
The Mayor, Cr Ullin, said he had received correspondence congratulating Council on: the Community Garden recently established in Kooyong Road, Armadale; the Garage Sale Trail Award; and from Prahran Mission thanking Council for holding a function on Christmas Day for the underprivileged.