Council Minutes

Monday 19 October 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
19 October 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 5 October 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 1049/14 - 480 punt road, south yarra - buildings and works to an existing building and the construction of a new four (part five) storey apartment building 8

2.planning permit application 0770/13 – 102 manning road, malvern east – S72 amendment to approved planning permit comprising change of roof tile colour from orange / brown terracotta to dark grey terracotta on dwelling ‘a’ 13

3.planning permit application - 0985/14 – 17 william street, south yarra – construction of a four storey building over common basement containing 11 dwellings and car parking reduction 14

4.planning permit application 0047/14 - 56 larnook street, prahran - construction of a multi dwelling development in a general residential zone 14

5.section 87 application 0436/13 - planning permit - 4 trawalla avenue, toorak - construction of a fourth level to an approved three level apartment building 20

6.murphy street / darling street and toorak road - construction activity issues 21

7.Restrictive Covenants - Policy Position ...... 22

8.Heliports Project and Planning Scheme Amendment...... 22

9.Planning Scheme Amendment C132 Heritage Policy and Heritage Design Guidelines 22

10.Review of Councillor Civic Support and Expenses Policy...... 23

11.Greville Street Mural - Pilot Program - Evaluation Report...... 23

12.Toorak Road South Yarra Business Association - Sculpture Proposals 24

13.Annual Report 2014/15...... 23

14.Simmons Street, South Yarra - Traffic Management Works...... 24

M.Other General Business

N.Urgent Business

O.Confidential Business

Page 1

Council Minutes

Monday 19 October 2015

Present:crmelina sehr, mayor

:cr tini athanasopoulos

:cr jim athanasopoulos

:crjohn chandler

:crerin davie

:crjami klisaris

:cr matthew koce

:crjohn mcmorrow

:cr claude ullin

Council OfficersPresent

:warren roberts, ceo

:geoff cockram

:simon thomas

:penny pavlou

:karen watson

:stuart draffin

:augarette malki

:fabienne thewlis

Page 1

Council Minutes

Monday 19 October 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) introduced Councillors and the CEO, Warren Roberts, to the 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 - 5 October 2015
Motion:Moved Cr Tini AthanasopoulosSeconded Cr John McMorrow
That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 5 October 2015 and the Confidential Minutes of the Council Meeting of the Stonnington City Council of5 October 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 Davie declared an Indirect Conflict of Interest – Close Association in relation to Item 5 - Section 87 Application 0436/13 - Planning Permit - 4 Trawalla Avenue, Toorak - Construction of a Fourth Level to an Approved Three Level Apartment Building, as members of her family live in close proximity to that street.

The Mayor, Cr Sehr, declared a Direct Conflict of Interestin relation to Item 5 – Section 87 Application 0436/13 - Planning Permit - 4 Trawalla Avenue, Toorak - Construction of a Fourth Level to an Approved Three Level Apartment Building, as the applicant’s legal firm is also acting on her behalf on another matter.

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 4 – 56 Larnook Street, Prahran:

An email (18.10.15) with an attached letter objecting on the grounds ofissues relating to: finishing material; colours; landscape plans; waste management; light baffling; streetscape; use of a turntable for parking; and privacy screening.

An email (14.10.15) from a resident of Irving Avenue, Prahran, objecting on grounds including: overall building heights not shown; small apartments; lack of natural light; reliance on a turntable; increased traffic and parking requirements; neighbourhood character problems; streetscape issues; lack of permeability; and lack of private open space.

An email (17.10.15) objecting on grounds including: omission of important information from the plans about important matters including finishing material, landscape plans and waste management; lack of light baffling; failure to comply with the new neighbourhood character policy; and use of a turntable for parking.

  • Correspondence in relation to Item 2 - 102 Manning Road, Malvern East:

An email (6.10.15) from the applicant expressing surprise that the amendment has gone to a Council Meeting and asking if any specific concerns have led to this. The applicant offers to show Councillors the building.

An email (21.7.15) objecting on grounds including: lack of respect for neighbourhood character; failure to comply with the Stonnington Planning Scheme; and failure to keep the verbal agreement made at the consultative meeting that terracotta roof tiles be used.

Cr Ullin tabled the following correspondence:

  • Two emails already tabled in relation to Item 4 – 56 Larnook Street, Prahran.

Cr Chandler tabled the following correspondence:

  • An email (5.10.15) from a solicitor and urban planner complaining about the difficulty of placing a call to the City of Stonnington to speak to a Council Officer, and asking that Council improve its customer service. The Mayor, Cr Sehr, said that the email has been responded to.
  • An email (6.10.15) from a resident of Lansell Road, Toorak, strongly supporting the proposed trial of ‘No Right Turn’ restrictions from Toorak Road into St Georges Road, Lansell Road and Orrong Road during the morning peak. The email asks that Council consider other traffic control measures in the area including reduced speed limits, heavy vehicle restrictions, restrictions during the afternoon peak and the introduction of one-way streets.
  • A letter (13.10.15) from a resident of Heyington Place, Toorak, in response to Council’s proposal to trial turn restrictions on Toorak Road, Toorak, objecting to the fact that Heyington Place residents were not consulted as this trial will funnel cars into the street. The letter notes the current difficulty of turning right from Heyington Place into Toorak Road in the morning peak due to cars turning right for school drop-off.

G.Questions to Council Officers from Councillors

A / Disabled parking spots in the car park on the north side of the Phoenix Park Community Centre
Cr John McMorrow said that on a recent visit to Malvern Valley Primary School, teachers had asked him about two disabled parking spots beside a hatched bay in the car park on the north side of the Phoenix Park Community Centre. Cr McMorrow asked if Council could remove the hatched bay and install three disabled car parking spaces (instead of the existing two, consistent with the car park on the south side of the Community Centre.
The General Manager City Works, Simon Thomas, took the question on notice.
Cr Davie said that she had received complaints about people unlawfully parking in disabled parking spots and asked if this also could be enforced.
B / Planning controls in relation to a massage parlour in Malvern East area
Cr Erin Davie said that at the Ward Meeting on Thursday 15 October questions were asked about planning controls in relation to a massage parlour that has opened in the Malvern East area.
The Mayor, Cr Sehr, said that this issue had been responded to. It is a matter for Victoria Police, not the City of Stonnington. The necessary paperwork has been sent to the complainant.

H.Tabling of Petitions and Joint Letters

Cr Chandler tabled a joint letter signed by nine residents of Cambridge Street, South Yarra, noting that parking has become more difficult in local streets as a result of recent developments and parking by construction site workers. The letter requests that Permanent 24/7 Resident Permit Parking be applied along the west side of Cunningham Street from Oxford Street to Palermo Street.

I.Notices of Motion

Nil

J.Reports of Special and Other Committees

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

  • Councillor Briefing meeting held on 12 October 2015

Cr Koce reported on a meeting of the Sustainability Advisory Committee on 19 October 2015 also attended by Cr Tini Athanasopouloswhich discussed:

  • Green Army: The great contribution made by the Green Army to the Yarra River Biodiversity Project. Council Officers noted that 20,000 plants had been planted. The young people involved gained good practical experience. They also contributed to other areas with weeding, and planting.
  • School Network Involvement: The Council is working hard to engage with the local school network. Students are coming to the TH King Building to learn about sustainability issues.
  • Conversion of Street Lights: Street lights are being converted to LED with new lights that are 75% more efficient. There is an estimated 7-8 year payback on globes which have a 20 year life span. Investigations are planned to determine the business case for converting the whole city at once.

Cr Tina Athanasopoulos commented that the Garage Sale Trail 2015 is scheduled for Saturday 24 October 2015, with about 88 garage sales taking place in Stonnington. She said it would be wonderful if the local community supported these garage sales.

Cr Ullin noted that the Melbourne International Festival of the Arts included four Haydn concerts in the City of Stonnington. Two had already occurred at St Peter’s Toorak and St John’s Malvern East. In the coming week two more concerts would be held at the Armadale Baptist Church and St John’s Toorak. He noted that this was a terrific collaboration between the Festival and the City of Stonnington and encouraged people to attend.

Cr Davie, as Council representative on, and Chair of, the Eastern Alliance for Greenhouse Action (EAGA), noted the following:

  • Local Climate Action Victoria Presentation: Cr Davie attended this presentation. She noted that local government is leading the way in this area. A commitment was made by the State Government to provide more support and coordination.
  • Opening of Community Garden – Armadale Baptist Church: Cr Davie attended on behalf of the Mayor. She noted that the garden was for people living in the local area, mainly in units. It is a communal garden with no individual plots. A solar powered irrigation system has been installed with Council’s help via a community grant.. Cr Davie commended Council Officers who have done a fantastic job supporting those organising the garden.

Cr Davie, as a member of the Australian Local Government Women’s Association (ALGWA), has attended an event at Government House. She noted that the new Governor the Honourable Linda Dessau AMhas agreed to be the ALGWA patron.

Cr McMorrow noted that he had represented the Mayor, Cr Sehr, at the Malvern Girls’ High School Reunion. He said it was one of best reunions he had ever attended, noting that 350 ladies attended, some from a long way away. Students from 1945 to 1993 (when the school closed) attended with every year level represented. He said that it was a real delight to represent the Mayor.

K.Reports of Delegates

Cr Klisaris, as MAV delegate, reported on the following:

  • Cr Klisaris and the CEO, Warren Roberts, attended two MAV meetings held on Friday 16 October. She said she will report on those meetings and the MAV Annual Conference at the Council Meeting in two weeks’ time.

L.General Business

1 / planning permit application 1049/14 - 480 punt road, south yarra - buildings and works to an existing building and the construction of a new four (part five) storey apartment building
Motion:Moved Cr Matthew KoceSeconded Cr Jami Klisaris
That Council advise VCAT that had a Failure to Determine appeal not been lodged, a Notice of Decision to Grant a Planning Permit No: 1049/14 would have been issued for the land located at 480 Punt Road South Yarra be issued under the Stonnington Planning Scheme for partial demolition; alterations and additions; the construction of a multi dwelling development and use of the land for a dwelling in a General Residential Zone, Heritage Overlay and Public Acquisition Overlay; and alterations to access to a road in a Road Zone Category 1 subject to the following conditions:
1.This permit is to take no effect until the drainage easement allowed under Planning Permit 451/15 (permit) has been registered with Land Victoria, ensuring the land can be adequately drained.
2.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 VCAT Amended plans but modified to show:
a)A minimum grade of 1 in 200 (0.5%) across parking areas to allow for drainage.
b)The grades and grade changes along the ramp to the basement car park.
c)The bicycle parking spaces dimensioned.
d)Drainage area and slope direction of decks to raingarden.
e)Raingardens annotated to confirm connection to decks and not building.
f)A raingarden cross-section(s) to confirm height to overflow pit. Height must be a minimum of 100mm above the height of the substrate.
g)The roof plan for Botanical House annotated to confirm the drainage area to the rainwater tank.
h)An annotation to confirm that the rainwater tank for Botanical House serves toilet flushing, or is otherwise used in accordance with the approved Sustainability Management Plan.
i)The necessary infrastructure associated with the detention system required by Condition 12.
j)Schedule of construction materials, external finishes and colours.
k)An amended Waste Management Plan as per Condition 4, Sustainability Management Plan as per Condition 6, Landscape Plan as per Condition 9 and a Tree Management Plan as per Condition 11.
3.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.
4.Concurrent with the endorsement of plans, a Waste Management Plan must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. Waste collection from the development must be in accordance with the plan, to the satisfaction of the Responsible Authority. The Waste Management Plan must be generally in accordance with the plan prepared by Leigh Design (dated 13 November 2014) but modified as follows:
a)If shared bin arrangements are proposed, the garage bin schedule is to align with the allocations specified in Council’s Waste Collection & Disposal Services Policy.
5.If the land is subdivided in a manner which connects the Domain Lane Building to Punt Road only via common property, an exemption is granted from (and only from) Clause 901(3)(b) of the Stonnington Local Law. In this event, bins must still be collected from the nature strip immediately adjacent to the land at 480 Punt Road.
6.Concurrent with the endorsement of any plans, 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. The SMP must be generally in accordance with the Sustainable Management Plan prepared by Ark Resources (dated 23 April 215) but modified to show:
a)Consistent representation of the average energy rating score.
b)Consistency with the architectural plans.
7.All works must be undertaken in accordance with the endorsed Sustainability Management Plan to the satisfaction of the Responsible Authority. No alterations to the Sustainable Management Plan may occur without written consent of the Responsible Authority.
8.Prior to the occupation of the development approved under this permit, a report from the author of the Sustainability Management Plan, approved pursuant to this permit, or similarly qualified person or company, must be submitted to the Responsible Authority. The report must be to the satisfaction of the Responsible Authority and must confirm that all measures specified in the Sustainability Management Plan have been implemented in accordance with the approved plan.
9.Before the development starts, a landscape plan to be prepared by a landscape architect or suitably qualified or experienced landscape designer, must be submitted to and approved by the Responsible Authority. When approved, the landscape plan will be endorsed and will then form part of the permit. The landscape plan must be drawn to scale with dimensions and three copies must be provided. The landscape plan must be generally in accordance with Landscape Plan prepared by John Patrick Pty Ltd (which formed part of the VCAT Amended plans) but modified to show:
a)A minimum of one tree within the rear courtyard of Botanical House.
b)Replacement of the Arbutus glandulosa and Cornus capitata proposed to the north and east of the Domain Lane building with a faster growing species.
c)Consistency with the architectural plans.