Minutes of Council Meeting - 21 September 2015
Council Minutes
Monday 21 September 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
21 September 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 7 September 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 0115-15 - 84 burke road, malvern east - construction of a three storey building over common basement containing 19 dwellings 6
2.planning permit application 0119/15 - 408 waverley road, malvern east - demolition of the existing single storey residential building and construction of a new two storey 30 bed residential building (aged care) over expanded basement providing 21 parking spaces 10
3.planning permit application 1021/14 - 50 chomley street, prahran - construction of three double-storey dwellings 15
4.planning permit application 0333/15 - tenancy 2(ground floor)/388 high street, windsor – restaurant and cafe liquor licence and reduction in the car parking requirements associated with the use of the land as a restaurant (as of right use). 19
5.planning permit application 0256/15 - 424 malvern road, prahran - construction of a mixed use building and reduction in the car parking requirement, waiver of the loading bay requirement in a commercial 1 zone and environmental audit overlay 21
6.Windsor Siding Masterplan...... 25
7.Prahran Housing Estate Masterplan...... 26
8.Amendment C221 - Special Building Overlay Review ...... 27
9.Greville and King Street Improvement Plan...... 27
10.Lara Street, South Yarra - removal of guard rail and replacement with street trees 28
11.Robertson Street, Toorak - proposal to install road cushions...... 28
12.Struan Street, Toorak - proposal to install road cushions...... 28
13.Trawalla Avenue, Toorak - proposal to install road cushions...... 28
14.Carters Avenue Reserve Toorak Concept Plan...... 29
15.Greville Street Market Trial 2013 Review...... 29
16.Review of Local Law - Parts 1-4 and the Insertion of a new Clause for Filming in Public Places 30
17.Central Geelong Marketing - Digital Marketing Strategy...... 30
18.Glendearg Malvern Tennis Centre Redevelopment - Plaque Design.30
19.VCAT quarterly report - april 2015 to june 2015 (2nd quarter of 2015)31
M.Other General Business
N.Urgent Business
O.Confidential Business
Page 1
Council Minutes
Monday 21 September 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
:madeleine grove
:augarette malki
:fabienne thewlis
Page 1
Council Minutes
Monday 21 September 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 - 7 September 2015Motion:Moved Cr John McMorrowSeconded Cr Tini Athanasopoulos
That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 7 September 2015 and the Confidential Minutes of the Council Meeting of the Stonnington City Council of 7 September 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 Davies declared an Indirect Conflict of Interest – Close Association in relation to Item 13 - Trawalla Avenue, Toorak - proposal to install road cushions, as a relative lives in that street.
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 Clynden Avenue, Malvern East:
An email (21.9.15) from a resident thanking a Council Officer for information about recent changes to existing on-street parking arrangements in Clynden Avenue,due to the Burke Road level crossing removal works, but expressing concern about the health and safety of their children which they believe has been jeopardised by these changes.
Emails (14 & 16.9.15) from a resident of Clynden Avenue expressing concern on issues including: lack of consultation; major disruptions caused by the Burke Road level crossing removal project, on Malvern Road and Clyndon Avenue; parking issues; and rubbish removal issues.
Cr Ullin tabled the following correspondence:
- An email (15.9.15) from a resident of The Avenue, Windsor, objecting strenuously to the closure of the U-turn on Dandenong Road between Chapel and Hornby Streets on grounds including: safe use of the U-turn for many years; traffic danger and extreme congestion at the suggested alternative intersection; severe inconvenience to motorists; and lack of a viable alternative.
Cr Chandler tabled the following correspondence:
- An email (16.9.15) from residents of Surrey Road, South Yarra, noting the severe lack of parking in the area and asking Council to install permit parking between 9am and midnight in a section of Garden Street and an area of Surrey Road in front of their residence.
Cr Sehr tabled the following correspondence:
- A handmade card and certificate of appreciation from the Bairo PiteClinic. Cr Sehr noted that she had attended a dinner to support people doing volunteer work in Timor Leste.
G.Questions to Council Officers from Councillors
A / Issues re parking and discarded rubbish in the Darling and Murphy Street areaCr John Chandler noted that at the last Council meeting he had tabled a letter from the Coordinator, Toorak Road South Yarra Business Association which raised issues in relation to parking and discarded rubbish in the Darling and Murphy Street area. He asked if Council Officers had followed up these matters.
The CEO Warren Roberts, said that a report was being prepared for a coming Councillor Briefing.
B / Burke Road grade separation - car park size and location
Cr John McMorrow said that Councillors were aware of conversations and discussions in relation to the Burke Road grade separation, especially in relation to the car park size and location. He asked for clarification. Residents have said that the car park, instead of being moved from the north to the south of the railway line was remaining on the north side, with the entrance and exit being directly opposite Clarke Avenue.
The General Manager City Works, Simon Thomas, said that the car park was actually on southern side, but the entrance is from the north side via an underpass. He said that the State Government ran this project and awarded the tender. Council has no jurisdiction over the project. It has to accept the design awarded. What hasn’t been resolved at this stage is how that intersection will be treated. Council’s traffic engineers will be examining the situation and endeavouring to ensure the optimum movement of traffic.
Cr McMorrow said that this matter wasn’t mentioned at the presentation about the project. He suggested that more communication with the State Government was needed.
C / Speed limit on High Street from Tooronga Road to Punt Road being reduced to 40km
Cr John McMorrow said he had been receiving complaints about the speed limit on High Street from Tooronga Road to Punt Road being reduced to 40km which he understood would be happening before Christmas. He noted that he was getting complaint after complaint and yet no communication from the State Government about the action. He asked if discussions could be held with the State Government in relation to this matter.
The General Manager City Works, Simon Thomas, said he would provide a response to Councillors.
D / Further information about #8 tram
Cr Matthew Koce noted that the consultation in relation to the No.8 tram has closed. He asked if Council Officers had heard anything further from VicRoads.
The General Manager City Works, Simon Thomas, said that there had been no further information at this stage.
H.Tabling of Petitions and Joint Letters
Cr Davie tabled a multi-signatured letter from 29 residents of Clarke Street and Allaville Avenue, Glen Iris, strongly objecting to the construction of the Gardiner Station car park entry and exit points opposite Clarke Street on the grounds of: lack of consultation; traffic increases and resulting danger to vehicles exiting Clarke Street; increased travel time for residents; parking pressures from commuters parking in nearby streets; negative visual impact of the car park entry; and increased traffic noise.
Cr Davie tabled a multi-signatured letter from 79 people, mostly residents of Malvern, asking that Council allow dogs to be exercised off leash at Malvern Gardens each day between the hours of 6.00-9.00am and 4.00-8.00pm on the grounds of: successful operation of these hours at Chris Gahan Reserve, Milton Grey Reserve and Union Street Reserve; the current alternative at Malvern Sports Oval being unsuitable for off leash activities; and community health and wellbeing benefits.
Cr Chandler tabled a joint letter from 10 residents of Irving Road, Toorak, noting that developments in the street will result in increased parking pressure on existing parking issues at the southern end of Irving Road. The letter asks that Council urgently alter the parking restrictions at the southern end of Irving Road, placing a two-hour limit along the eastern side, except for those with a resident permit, and making the western side resident-only parking.
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 14 September 2015
K.Reports of Delegates
Cr Klisaris, as MAV delegate, reported on the following:
- MAV Conference and Dinner: Cr Klisaris and the CEO, Warren Roberts, attended the MAV Conference and Dinner in the city. A key item discussed was rates capping and its effect on various areas, including: council employment; impacts on struggling councils, especially the small rural councils; and potential effects on such areas as the maternal and health sector, and kindergartens.
- Local Government Act Review: The MAV is looking at this.
- MAV Bulletin: Cr Klisaris tabled the MAV Bulletin for the week ending 18 September 2015.
Cr Tini Athanasopoulos reported on a meeting of the Sustainability Advisory Committee held on 21 September 2015 as following:
- First Community Garden in Stonnington: This will be opened on Saturday 18 October 2015, starting at about 10am. The Mayor, Cr Sehr, noted that she would be speaking at this event at about 11.30am.
L.General Business
1 / planning permit application 0115-15 - 84 burke road, malvern east - construction of a three storey building over common basement containing 19 dwellingsMotion:Moved Cr John McMorrowSeconded Cr Erin Davie
That a Notice of Refusal to Grant a Planning Permit No: 115/15 for the land located at 84 Burke Road, Malvern East be issued under the Stonnington Planning Scheme for the construction of a multi-dwelling development in a General Residential Zone subject to the following conditions on the following grounds:
- The proposed development does not respect the neighbourhood character and does not integrate well with the Burke Road streetscape.
- The design of the proposed development is uncharacteristic and not sympathetic of buildings in the area.
- The proposed use of the rear ROW for vehicle access is not supported as it will result in traffic and safety issues.
- The proposed development will have a negative impact on the amenity of adjoining properties through visual bulk.
2 / planning permit application 0119/15 - 408 waverley road, malvern east - demolition of the existing single storey residential building and construction of a new two storey 30 bed residential building (aged care) over expanded basement providing 21 parking spaces
Motion:Moved Cr Erin DavieSeconded Cr John McMorrow
That a Notice of Decision to Grant a Planning Permit No: 119/15 for the land located at 408 Waverley Road, Malvern East, be issued under the Stonnington Planning Scheme for partial demolition in a Heritage Overlay and the construction of a residential building (aged care) in a part General Residential part Neighbourhood Residential Zone and Heritage Overlay subject to the following conditions:
1.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 19 February 2015 but modified to show:
a)Changes to the landscape response as detailed in ‘discussion plans’ Council date stamped 28 July 2015 which include:
(i)Retention of the Canary Island Date Palm;
(ii)Provision of a Liquidamber in the front setback to Waverley Road;
(iii)The driveway adjacent to the Porte cochere constructed using exposed aggregate constructed at existing grade;
(iv)Alteration to the fence design so that fence footings exist only beneath the piers – no strip footings; and
(v)Basement outline corrected.
b)Changes to the basement and building design as detailed in ‘discussion plans’ Council date stamped 20 July 2015 which include:
(i)Reduction in the extent of the basement in the north-east corner generally involving the removal of proposed car parking space 10 (retention of the blind aisle);
(ii)Provision of 6 secure bicycle spaces within the basement;
(iii)Introduction of breaks to the balcony which fronts Nirvana Avenue; and
(iv)Introduction of ‘sandstone’ cladding and lighter coloured render in lieu of the dark bluestone cladding.
c)That all terraces and balconies at first floor satisfy the requirements of Standard B22 at Clause 55.04-6 Overlooking through the provision of obscure glazing to a height of 1.7m above finished floor level;
d)Provision of windows within each level of each stair case to provide adequate natural light;
e)Details of window operability;
f)A minimum clearance beneath the Porte cochere of 3.5m;
g)New basement floor area to be noted as having a minimum gradient of 1 in 200 as per AS2890:1;
h)Dimensioned clearance of a minimum of 2.2m throughout the new basement floor area;
i)Column sizes and locations within the basement dimensioned to confirm compliance with Clause 52.06;
j)Details of crossover splays in accordance with Council’s Crossover Policy;
k)A water sensitive urban design response in accordance with condition 3;
l)Any changes required by the Landscape Plan in accordance with condition 5 and the Sustainable Management Plan in accordance with condition 8;
m)Details of Tree Protection Zones drawn on the plans in accordance with conditions 6 and 7;
n)A Tree Management Plan in accordance with condition 7;
o)A revised Sustainable Management Plan in accordance with condition 8;
p)A Waste Management Plan in accordance with condition 9; and
q)Details showing the removal of all redundant crossovers, kerb, channel and nature strip in accordance with condition 13.
2.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.
3.Concurrent with the endorsement of any plans pursuant to Condition 1, the applicant must provide a Water Sensitive Urban Design Response addressing the Application Requirements of the Water Sensitive Urban Design Policy at Clause 22.18 to the satisfaction of the Responsible Authority. The WSUD response must clearly detail the following:
a)All permeable and impermeable surfaces and how each is to be treated; and
b)Details of all connections from roof areas draining to the rain water treatment system.
4.The project must incorporate the Water Sensitive Urban Design initiatives detailed in the endorsed site plan and/or stormwater management report.
5.Concurrent with the endorsement of plans pursuant to Condition 1, 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 in accordance with the landscape plan Council date stamped 19 February 2015, but modified to show:
a)Soil volumes, including sections of planters where relevant, for all in-situ plantings;
b)Tree protection notes in accordance with condition 6, to the satisfaction of the Responsible Authority; and
c)Any consequential changes resulting from revisions in accordance with condition 1, specifically, changes detailed in discussion plans Council date stamped 28 July 2015.
Before the occupation of the development, the landscaping works as shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority. Landscaping must then be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.
6.Tree Protection details must be shown on all relevant plans to the satisfaction of the Responsible Authority including:
a)Before the development (including excavation and demolition) starts, a tree protection fence must be erected around the two street trees adjacent the Waverley Road frontage of the site and the four street trees adjacent the Nirvana Avenue frontage of the site. Fencing is to be in compliance with Section 4 of AS 4970.