Council Minutes
Monday 16 February 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
16 February 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 2 February 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
K.Reports by Delegates
L.General Business
1.planning permit application 0356/13- 68 milton parade, malvern - use and development of the land for dwellings and a food and drink premises (cafe), car parking dispensation and waiver of loading and unloading requirements in a general residential zone 6
2.planning permit application 0830/14 - 875-877 & 881 high street &, 19 & 21 osment street, armadale - construction of a part seven storey and part three storey mixed use building 10
3.planning permit application 0636/14 - 40 & 42 the avenue, windsor - additions and alterations to existing hospital and construction of a car park 17
4.planning permit application 0974/13 - 8-12 & 12a, garden street & 60 bray street, south yarra - construction of an eleven storey building containing 91 dwellings above basement car parking containing 81 spaces 21
5.planning permit amendment 0065/12 - 301 wattletree road, malvern east - a restaurant and café liquor license between the hours of 7am and 11pm monday to friday and between 8am to 11pm saturday, sunday and public holidays and a reduction of statutory car spaces associated with the use of the site as a restaurant (as of right). 25
6.Planning Scheme Amendment C208 to the Stonnington Planning Scheme - Zoning Anomalies Malvern and Malvern East 27
7.Council Committees, Delegates/Representatives 2015...... 28
8.S6 Instrument of Delegation from Council to Organisational Roles..29
9.Risk Management & Occupational Health & Safety Report for the Period 1 July to 31 December 2014 29
10.Proposed Discontinuance of Right of Way Abutting 79 Manning Road Malvern East 29
11.Financial Report - December 2014...... 30
12.Cabrini Hospital Traffic & Parking Impact Study...... 30
13.Lara Street, South Yarra - parking arrangement at the dead end....31
14.Toorak Road, Toorak - Tram Terminus Proposal...... 32
15.Horace Street, Malvern - Proposal to Install Road Cushions (Trial)..32
16.Indian Myna management...... 32
17.Youth Services - Adventure Playground Funding...... 32
M.Other General Business
N.Urgent Business
O.Confidential Business
Page 1
Council Minutes
Monday 16 February 2015
Present:crmelina sehr, mayor
:crjohn chandler
:crerin davie
:crjami klisaris
:cr matthew koce
:crjohn mcmorrow
:cr adrian stubbs
:cr claude ullin
:cr tini athanasopoulos
Council OfficersPresent
:warren roberts, ceo
:geoff cockram
:simon thomas
:cath harrod
:karen watson
:stuart draffin
:alexandra kastaniotis
:fabienne thewlis
Page 1
Council Minutes
Monday 16 February 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 7.00pm.
The Mayor, Cr Sehr, opened the meeting, introducing Councillors and the CEO, Warren Roberts, who introduced Council Officers to the meeting.
B.Apologies
Nil
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 - 2 February 2015Motion:Moved Cr StubbsSeconded Cr McMorrow
That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 2 February 2015 and Minutes of the Confidential Meeting held on 2 February 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
Nil
E.Questions to Council from Members of the Public
The Mayor Cr Sehr, 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 Chandler tabled the following correspondence:
- A letter from the President, Toorak Road South Yarra Business Association Inc. (TRSYBA) asking a series of questions about the apparent inclusion of Yarra Street and Claremont Street, South Yarra, in the Chapel Street Precinct in the 2011 Special Rate Renewal Process. The letter asks that Council meet with the TRSYBA Committee to discuss the situation.
Cr Ullin tabled the following correspondence:
- A series of emails (5 & 12.12.14, 11.2.15) from the applicant for Item 10: Proposed Discontinuance of Right of Way Abutting 79 Manning Road Malvern East, in support of the application giving detail in relation to: disagreements with the hearing of submissions in relation to access and 81 Manning Road; and the case for alternative options.
- Correspondence in relation to the proposed development at 67 Elizabeth Street, Malvern:
An email (12.2.15) from residents of Elizabeth Street, Malvern, objecting strongly on the grounds of: neighbourhood character and ambience issues; exacerbation of existing severe traffic and parking problems; inadequate car parking provision; potential pedestrian safety issues; pressure on available open space; excessive height; the setting of an unacceptable precedent; and inappropriate issuing of an amendment to an earlier permit when it has been significantly altered.
An email (11.2.15) from residents of Mary Street, Malvern, strongly objecting on the grounds of: neighbourhood character and ambience issues; worsening of existing serious parking and traffic issues; the environmental threat to Sir Robert Menzies Reserve; excessive height; the setting of an inappropriate precedent; and the need for a new permit application to be made as the proposed changes are more than a simple amendment.
- An email (12.2.15) from a resident informing Councillors that Council plans to remove street trees at 381 and 597 Dandenong Road, Armadale, and that neighbouring residents have been notified.
Cr Stubbs tabled the following correspondence:
- Correspondence in relation to Item 10: Proposed Discontinuance of Right of Way Abutting 79 Manning Road Malvern East:
A series of emails already tabled in relation to Item 10.
An email (11.2.15) from residents abutting the Right of Way (RoW) objecting to this application on the grounds of: use of the RoW by other residents; and drainage and storm water issues requiring 24 hour access to the RoW.
- An email already tabled in relation to 67 Elizabeth Street, Malvern.
- An email (6.2.15) noting that building works at 16 Ardrie Road, Malvern East, have blocked a laneway and prevented egress from properties. Despite repeated phone calls to Council, the problem was not resolved for some time. Cr Stubbs noted that Council Officers were aware of the situation and were seeking a resolution.
- An email (16.2.15) from a resident of Repton Road, Malvern East, complaining that parking by people attending a City of Stonnington musical event held at Ardrie Park on 14 February 2015 blocked a driveway and noting that events at the park cause problems for residents. The email asks that Council address the issue.
G.Questions to Council Officers from Councillors
A / Potential laneway, Right of Way or easement at the back of 2 Maroora Street, Malvern EastCr John McMorrow asked if a potential laneway, Right of Way or easement existed at the back of 2 Maroora Street, Malvern East, about which a consultative meeting was to be held on Thursday 19 February 2015.
Simon Thomas General Manager City Works took the matter on notice.
B / New State Government authority to deliver the removal of Melbourne's 50 most dangerous level crossings
Cr Koce said he had noticed in the local media during the weekend that the State Government was setting up a new authority to deliver the removal of Melbourne’s 50 most dangerous level crossings. He noted that the Victorian Labor Government was committed to removing 20 level crossings during its first term. He asked if the crossing in Toorak Road was one of these and if Council Officers had carried out any correspondence with the State Government in relation to the removal of the Toorak Road level crossing.
The General Manager City Works, Simon Thomas, said that there had been no formal correspondence about this matter. Council has corresponded with the State Government in relation to the Burke Road level crossing, but not in relation to Toorak Road.
Cr Koce said he was aware that removal of the Burke Road level crossing had involved years of planning in consultation with the City of Stonnington. He asked if Council should flag to the State Government the importance of consultation with Council on any proposed grade separation. The Toorak Road crossing was near a park and bike track which could be impacted. It was important for the State Government to consult with the City of Stonnington prior to any works commencing.
The General Manager City Works, Simon Thomas, said Council Officers would discuss this matter with the State Government.
C / Toorak Road South Yarra Business Association Inc. (TRSYBA) Artscape Plan
Cr Chandler noted that the Toorak Road South Yarra Business Association Inc. (TRSYBA) has lodged an application with Council for their Artscape Plan. He asked for a report on the status of that application and if Council was in the process of responding.
The General Manager Sustainable Future, Karen Watson, said that there had been considerable correspondence in relation to this matter. Council Officers are awaiting further information from the TRSYBA. Council is currently storing the artworks. She will forward further advice Councillors.
H.Tabling of Petitions and Joint Letters
Nil
I.Notices of Motion
Nil
J.Reports of Special and Other Committees
The CEO, Warren Roberts, tabled the following Assembly of Councillors Records:
- Social Development Advisory Committee Meeting held on 4 February 2015
- Councillor Briefing Meeting held on 9 February 2015
- Strategic Planning Advisory Committee Meeting held on 16 February 2015
K.Reports of Delegates
Cr Klisaris noted that, although she had been elected as Council delegate to the MAV, this appointment had not yet been officially processed by the MAV.
Cr Ullin gave the following report of a Glenloch Homes meeting held last week:
- Board Members: Some Board members have resigned and have been replaced.
- Cr Stubbs: Ullin noted that this was probably his last Glenloch Homes report Cr Stubbs, after tonight would be Council’s delegate to Glenloch Homes.
- Progress Update: Things at Glenloch Homes are going very well.
Cr Ullin gave the following MAV report:
- ALGA Conference - 14-17 June 2015: Cr Ullin encouraged Councillors who wished to attend to book early.
- Rate Capping: The MAV recently met with the Minister for Local Government. Cr Ullin expressed concern that the MAV seems to be taking a very neutral stance in relation to rate capping after that meeting. The MAV has said it doesn’t believe that rate capping should be based on the CPI, but on ‘a more appropriate benchmark for measuring council costs’. This statement has been made without consultation with councils. Cr Ullin believes the MAV is taking a backward step in formulating its position. The City of Stonnington and a number of other councils oppose rate capping and the MAV needs to consult with them.
- McArthur Local Government Fellowship Award: This award is now open. Cr Ullin encouraged Councillors to apply for the Fellowship. Its purpose is to allow a current Victorian councillor to undertake international research in a policy area significant to the sector. Cr Ullin is happy to give Councillors further information.
Cr Chandler said that, in the Mayor, Cr Sehr’s absence, he chaired the Strategic Planning Advisory Committee Meeting held earlier today. He tabled the minutes and asked that they be circulated to Councillors
L.General Business
1 / planning permit application 0356/13- 68 milton parade, malvern - use and development of the land for dwellings and a food and drink premises (cafe), car parking dispensation and waiver of loading and unloading requirements in a general residential zoneMotion:Moved Cr McMorrowSeconded Cr Davie
That the item be deferred to the 23 March 2015 Council Meeting to allow the applicant and neighbours to further work together.
Carried
2 / planning permit application 0830/14 - 875-877 & 881 high street &, 19 & 21 osment street, armadale - construction of a part seven storey and part three storey mixed use building
Motion:Moved Cr UllinSeconded Cr Koce
That Council advise VCAT and other interested parties that had a Failure to Determine appeal not been lodged that a Notice of Decision to Grant a Planning Permit No: 0830/14 for the land located at 875 – 877 & 881 High Street &, 19 & 21 Osment Street, Armadale would have been issued under the Stonnington Planning Scheme for construction of a multi level mixed use development in a Commercial 1 Zone, General Residential Zone and Special Building Overlay; use of the land for dwellings; waiver of the loading bay requirements; and reduction in the statutory car parking requirements subject to the following conditions:
- Before the commencement of the development, three (3) copies of plans drawn to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the advertised plans Council date stamped 17 October 2014 but modified to show:
b)Setback the northern face of Levels 3, 4 and 5 to align with the Commercial 1 Zone boundary on the adjacent property No. 863 - 873 High Street (approximately 16 metres);
c)Car parking allocation schedule detailing how many car spaces are to be provided to each individual dwelling, visitors and the food and drinks tenancy to be generally in accordance with the broad allocation schedule submitted to Council on 8 December 2014 but further detailed to the satisfaction of the Responsible Authority;
d)The accessible parking bay to be labelled a visitor bay and the food and drinks premises to be provided a standard parking bay;
e)Plans updated to show details on a linemarking and mirror arrangement to address conflict concerns on the ramp as confirmed by the traffic response provided to Council on 8 December 2014;
f)Plans updated to show details for the design of the bicycle parking as confirmed by the traffic response provided to Council on 8 December 2014;
g)A fence to be incorporated along the western boundary of the subject site to delineate the 1 metre pedestrian walkway from the Right of Way to the satisfaction of the Responsible Authority. The walkway is to provide access to a new entry for Apartment LG.01 only. The pedestrian walkway must remain as private land;
h)Plans to confirm that any eave required to protect the north facing windows of Apartment 2.08 on Level 2 is fully contained within the Commercial 1 Zone and may not encroach within the General Residential Zone;
i)Plans to confirm what types of shading treatments will be provided to exposed northern and western windows;
j)Location of operable windows to be confirmed on elevations and plans;
k)Natural daylight provided to both main stairwells in the development to minimise the need for artificial lighting, ensuring no overlooking impacts;
l)Plans to show the location, dimensions, cross-sections and drainage areas proposed to be connected to the rain garden;
m)Roof/floor plans to be annotated to confirm drainage areas connected to rainwater tank and rain garden;
n)The widths of the planter boxes to be confirmed on plans to ensure no unreasonable overlooking from the roof terrace in accordance with ResCode Standard B22;
o)Plans to confirm screening of all sides of the balcony associated with Apartment 1.17 in accordance with ResCode Standard B22;
p)Screening along the western side of the balconies associated with Apartment 3.08 and 4.07 to be confirmed to ensure no overlooking in accordance with ResCode Standard B22 to No. 44 - 48 New Street;
q)Plans to show all works contained within the title boundaries and no screening devices to the west are to encroach over the public realm;
r)Elevations to be clearly labelled to correspond with the schedule of construction materials, external finishes and colours;
s)Plans to confirm any recommendations contained within the Acoustic Report (Condition 3), Sustainable Management Plan (Condition 4), Landscape Plans (Condition 6), Waste Management Plan (Condition 8) and Water Sensitive Urban Design Response (Condition 26);
t)Setback the northern wall of Level 2 to align with the level 2 northern facade of the adjacent property at 44 – 48 New Street;
u)Setbacks from Osment Street and New Street to be provided in accordance with the requirements of Standards B6 and B17 of Clause 55 of the Stonnington Planning Scheme;
v)Basement 1, Lower Ground, Ground and Level 1 setback from Osment Street and New Street to allow for meaningful in-ground landscaping;
w)The maximum height of the building where it abuts New Street and the Right of Way reduced to a maximum height of 8.6 metres;
x)Deletion of the New Street pedestrian entrance;
y)Deletion of the pool;
z)Level 3 to be setback from the south to align with Level 4 on High Street;
aa)All south-east corner apartments to be reduced to 2 bedroom dwellings and re-designed/re-configured to provide adequate daylight access.
to the satisfaction of the Responsible Authority.
- The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason (unless the Stonnington Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority.
- Concurrent with the endorsement of the plans, an acoustic report must be submitted to and approved by the Responsible Authority to demonstrate how the dwellings will be acoustically treated to minimise noise transmission from the adjacent land uses to the satisfaction of the Responsible Authority.
- Concurrent with the endorsement of any plans pursuant to Condition 1 a Sustainable Management Plan (SMP) must be submitted to and approved by the Responsible Authority. Upon approval the SMP will be endorsed as part of the planning permit and the development must incorporate the sustainable design initiatives outlined in the SMP to the satisfaction of the Responsible Authority. Amendments to the SMP must be incorporated into plan changes required under Condition 1. The report must include, but not limited to, the following: