Council Minutes

Monday 17 August 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
17 August 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 3 August 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 1175/14 - 82 burke road, malvern east - construction of a three storey building over common basement containing 23 dwellings 6

2. planning application 0015/15 - 2 glyndebourne avenue and 15b evans court, toorak - alterations and additions to the existing dwelling fronting glyndebourne avenue and construction of two new dwellings to the side/rear of this existing dwelling 11

3. planning permit application 0053/15 - 1655 – 1659 malvern road, glen iris – construction of a part three and part four storey residential building comprising 24 apartments and two basement levels for 36 car parking spaces 16

4. planning permit application 1087/14 - 55 claremont street, south yarra - development of the land for a multi-dwelling development and reduction in the car parking requirements in a mixed use zone, design and development overlay and land subject to inundation overlay 21

5. planning permit application 1094/14 - 30 punt road, windsor - construction of a nine storey building with dwellings over a shop and basement 27

6. planning permit application 0235/15 - 58 central park road, malvern east - partial demolition and subsequent building and works to a dwelling in a heritage overlay 30

7. Amendment C172 - Chapel reVision 31

8. Council Plan 2013-2017 Year 2 - Budget Activities Quarterly Report, Quarter 4 (Full Year) 32

9. Liquor Licence Freeze Exemption Policy 32

10. Instrument of Delegation from Council to Organisational Roles (s6) 33

11. Childcare Benefit Policy Changes 33

M. Other General Business

N. Urgent Business

O. Confidential Business

Page 3

Council Minutes

Monday 17 August 2015

Present : cr melina sehr, mayor

: cr tini athanasopoulos

: cr john chandler

: cr erin davie

: cr matthew koce

: cr john mcmorrow

: cr claude ullin

Council Officers Present

: warren roberts, ceo

: geoff cockram

: steve relf

: connie gibbons

: karen watson

: stuart draffin

: augarette malki

: judy hogan

Page 4

Council Minutes

Monday 17 August 2015

A. Reading Of The Reconciliation Statement And Prayer

Judy Hogan, Civic Support Officer, 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 7.03pm.

The Mayor (Cr Sehr) introduced Councillors and the CEO, Warren Roberts, to the meeting, noting that Cr Klisaris had been granted Leave of Absence at a prior Council Meeting. The CEO introduced Council Officers.

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 - 3 August 2015
Motion: Moved Cr Chandler Seconded Cr McMorrow
That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 3 August 2015 and the Confidential Minutes of the Council Meeting of the Stonnington City Council 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 McMorrow tabled the following correspondence:

·  Correspondence in relation to Item 2 - 2 Glyndebourne Avenue & 15b Evans Court, Toorak:

Ø  An email (14.8.15) from a resident of Glyndebourne Avenue, Toorak, objecting on the grounds of: failure to comply with Garden Estate precinct requirements; severe overshadowing to private living areas; removal of significant trees; and significant visual bulk.

Ø  A letter (12.8.15) from a resident of Glyndebourne Avenue, Toorak, objecting to the building of Unit 2A on the grounds of: removal of and impact on established trees; neighbourhood character issues due to lack of setbacks; location of private open space; overdevelopment; overshadowing; and increased traffic and parking congestion.

·  Correspondence in relation to Item 3 - 1659 Malvern Road, Glen Iris:

Ø  An email (31.7.15) objecting on the grounds of: similarity to a planning application at 1667-1669 Malvern Road, Glen Iris, which was previously refused by VCAT on grounds including: design style; and negative neighbourhood amenity through building bulk and inadequate setbacks. The email suggests possible modifications.

Ø  An email (16.8.15) from three residents of King Street, Glen Iris, not objecting to development per se, but to the proposed development on the grounds of: excessive visual bulk; and similarities to a planning application at 1667-1669 Malvern Road, Glen Iris, which was previously refused by VCAT.

Ø  An email (3.8.15) from the Triangle Residents’ Association, Glen Iris, with an attached objection, objecting on the grounds of: non-compliance with the Stonnington Planning Scheme for visitor parking; waste management issues; and lack of onsite community facilities.

·  An email (13.8.15) from the applicant for Item 6 - 58 Central Park Road, Malvern East, supporting the application on the grounds that: the proposed alteration will not impact the heritage of the house; and the new window are not visible from the street and will be identical to the original windows.

Cr Ullin tabled the following correspondence:

·  Correspondence in relation to Item 7: Amendment C172 - Chapel reVision:

Ø  An email (17.8.15) from the solicitor who represented two Greville Street property owners at the Panel hearing, noting that the Council Officers’ recommendation for a 14.6m (4 storey) mandatory maximum for the GV3 area is not in keeping with the Panel recommendation and giving details of the disparity.

Ø  An email (4.8.15) on behalf of the owners of 10 and 12-16 Cecil Place, Prahran, approving of most aspects of Item 7: Amendment C172 - Chapel reVision, but expressing concerns and seeking an appointment with Cr Ullin to discuss those concerns.

·  An email (16.8.15) from a resident of King Street, Glen Iris, objecting to Item 3 - 1659 Malvern Road, Glen Iris, on the grounds of: similarity to a planning application at 1667-1669 Malvern Road, Glen Iris, which was previously refused by VCAT on grounds including: design style; and negative neighbourhood amenity through building bulk and inadequate setbacks. The email suggests possible modifications.

·  Two copies of a letter already tabled in relation to Item 2 - 2 Glyndebourne Avenue & 15b Evans Court, Toorak, from two residents living at the same address in Glyndebourne Avenue.

·  An email (6.8.15) from the Coordinator, Toorak Road South Yarra Business Association Inc., in response to an email from Council advising of tram works in Toorak Road in November 2015. The email notes that such a road closure is highly irregular, especially at Christmas time, an important time for businesses, and expresses great concern. The Coordinator says they will be circulating the email to other relevant bodies as widely as possible.

Cr Koce tabled the following correspondence:

·  A letter (12.8.15) from a resident of Glyndebourne Avenue objecting strongly to Item 2 - 2 Glyndebourne Avenue & 15b Evans Court, Toorak, on the grounds of: lack of visitor parking which will exacerbate on-street parking problems; increased traffic congestion; removal of established trees; overshadowing; lack of private open space for Unit 2A; and neighbourhood character issues.

Cr Chandler tabled the following correspondence:

·  A letter (3.8.15) from the Lyall Hotel, South Yarra, expressing deep concern about proposed changes to the No. 8 tram service on the grounds of: the impact on tourists who stay in South Yarra. The No. 8 tram gives access to many major tourist attractions from an area which is an officially designated tourist precinct.

·  Correspondence in relation to Item 2 - 2 Glyndebourne Avenue & 15b Evans Court, Toorak:

Ø  Two letters and two emails already tabled in relation to Item 2 - 2 Glyndebourne Avenue & 15b Evans Court, Toorak.

Ø  An email (17.8.15) from residents of Glyndebourne Avenue expressing concern on the grounds of: removal of established trees and vegetation; streetscape issues; overshadowing; privacy issues; and non-compliance with the Stonnington Planning Scheme in relation to private open space.

·  Correspondence in relation to Item 7: Amendment C172 - Chapel reVision:

Ø  An email already tabled in relation to Item 7.

Ø  An email (14.8.15) on behalf of the owners 10-16 Cecil Place, Prahran, objecting to the designation of the Clifton Street car parking as private open space on the following grounds: its odd shape, small size and existing surrounding development; lack of rigorous analysis; poor accessibility; overshadowing; the need for car parking in the area; the prior existence of a private open space strategy; the recent approval of a large building within the car park; and the unintended implications of setback requirements for east-west streets. The email includes relevant points from the review panel hearing.

Cr Sehr tabled the following correspondence:

·  A letter (13.8.15) from the Deputy Secretary, Social Housing and NDIS Reform & Director of Housing, advising Council of the final phase of consultation with the Prahran community scheduled for 22 August -18 September 2015, in relation to the redevelopment of Horace Petty Estate.

G. Questions to Council Officers from Councillors

A / Adequacy and planning for the current and future demand of the Forrest Hill Precinct in South Yarra
Cr Matthew Koce asked the CEO, Warren Roberts, to prepare a report on the adequacy and planning for the current and future demands of the Forrest Hill Precinct in South Yarra, taking into account factors such as: the impact of the Melbourne Metro Project; the need to upgrade South Yarra Station; congestion and safety of the tram stop outside South Yarra Station; and the safety of entry & egress of South Yarra Station at peak times.
The CEO, Warren Roberts, took the question on notice.
B / Removal of trees damaging western wall of St Joseph's, Stanhope Street, Malvern
Cr John McMorrow asked Council Officers to respond to an email he has received about the removal of trees which are damaging the western wall of St Joseph’s, Stanhope Street, Malvern. St Joseph’s has lodged an application to Council for a permit to remove two trees based on professional advice received from an arborist, a soil testing company and a building engineer. The trees are having a major impact on the structural integrity of the wall.
The CEO, Warren Roberts, took the question on notice.
C / Modifications to pedestrian crossing on Burke Road which enables entry into Central Park
Cr John McMorrow said a resident living in the Central Park area has asked for modifications to the pedestrian crossing on Burke Road which enables entry into Central Park. The kerb height makes it difficult to manoeuvre prams from the pedestrian crossing. Cr McMorrow asked Council Officers to prepare a paper about the feasibility of providing better access.
The CEO, Warren Roberts, took the question on notice.
D / Failure of developers to repair damage to footpaths and driveways during construction
Cr Erin Davie said she had received a query from a resident who was concerned about the failure of developers to repair damage to footpaths and driveways during construction. In particular the following sites were mentioned: 12 Erica Avenue, Glen Iris, 10 & 12 Irymple Street, Glen Iris, and Willoby Avenue, Glen Iris, where building works have been completed, perhaps some years ago. Cr Davie asked Council Officers to follow up this issue.
The General Manager, Planning and Development, Stuart Draffin, took the question on notice.

H. Tabling of Petitions and Joint Letters

Cr Athanasopoulos tabled a petition from 55 residents, property owners, business lease holders and regular pedestrian users of Porter Street, North Prahran, between Greville Street and Commercial Road, calling on the Stonnington City Council to undertake a long overdue upgrade to resolve the numerous life safety and nuisance issues that significantly compromise Porter Street’s pedestrian usage and its visual presentation within the local neighbourhood.

I. Notices of Motion

Nil

J. Reports of Special and Other Committees

The CEO, Warren Roberts, tabled the following Assembly of Councillors Records:

·  Chapel Street Precinct Special Rate Meeting held on 3 August 2015

·  Chapel Off Chapel Advisory Board Meeting held on 6 August 2015

·  Councillor Briefing Meeting held on 10 August 2015

Cr Chandler reported on a meeting of the Strategic Planning Advisory Committee held on 17 August 2015 as follows:

·  Matters Discussed Included: An update on various structure plans; Dandenong Road Amendment C173 which the Minister has now approved in accordance with the Panel recommendation; a report on the Hawksburn Strategy Plan consultation (this will be circulated to all Councillors); a report on the consultation in relation to the Activity Centre Strategy; the Structure Plan – the State Government is asking Council to be involved in planning for the whole of that area and across the road in Glen Eira; strategies for creating open space; and how to respond to Amendment C197.