Notice Paper

Monday 3June2013 at 7:00 p.m.

Council Chamber, Stonnington City Centre

(enter off Glenferrie Road, Malvern)

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.

PRAYER

Almighty God, we humbly beseech you, to grant your blessing on this Council, direct and prosper its deliberations to the advancement of your glory, and the true welfare of the people of the City of Stonnington. Amen.

NOTE

Council business is conducted in accordance with Part 4 Division 3 of the Meeting Procedure section of Council’s General Local Law 2008 (No 1). Some copies are available with the agenda or you can find a copy on Council’s website under local laws.

Council Meeting

Notice Paper

3 June2013

Order of Business and Index

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);

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; - Assembly of Councillors

k)Reports by Delegates;

l)General Business;

1.Planning Applications......

1.1.Planning Application 0891/12 - 781 - 805 & 807 Dandenong Road, Malvern East – Construction of a Part 4 and Part 18 Storey Building for Dwellings, Shops, Car Parking, New Access From Dandenong Road and 2 Electronic Major Promotion Signs

1.2.Planning Permit 1064/11 - 429 - 433 Toorak Road, Toorak – S72 Amendment to Increase the Liquor Licence Hours of the Existing Food and Drink Premises (Cafe) and Shop

1.3.Planning Permit 0856/11 - 28 & 30 - 32 Mount Street, Prahran – Inclusion of a Roof Deck and a New Facade Design

2.council plan 2013-17......

3.2013/2014 Budget......

4.request for waiver of fee for functions on chapel mercantile rowing club inc......

5.financial report – march 2013......

6.arts and cultural sponsorships applications for 2013/14 part 1......

7.Arts and Cultural Sponsorships Applications for 2013/14 Part 2......

8.laneway between 19 and 21 william street, south yarra – trial closure at west end......

m)Urgent Business; and

n)Confidential Business.

1.considerationof proposed property purchase………………………..………………74

2.2013 Citizen of the Year Awards…………………………………..………………..……..74

Page 1

Adoption and Confirmation of Minutes

of Previous Meetings

3 june 2013

Recommendation

That the Council confirms the Minutes of the Ordinary Meeting of the Stonnington City Council held on 20 May 2013 and Minutes of the Confidential Meeting of the Stonnington City Council held on 20 May 2013 as an accurate record of the proceedings.

Page 1

General Business

3 june 2013

1.Planning Applications

1.1.Planning Application 0891/12 - 781 - 805 & 807 Dandenong Road, Malvern East – Construction of a Part 4 and Part 18 Storey Building for Dwellings, Shops, Car Parking, New Access From Dandenong Road and 2 Electronic Major Promotion Signs

(Acting Statutory Planning Manager: Augarette Malki)

(General Manager: Stuart Draffin)

PURPOSE

For Council to consider a planning application for use and development of the land for dwellings and shops in a Business 2 Zone, reduction in the car parking requirement, alter access to a Road Zone 1 and the erection of two (2) electronic major promotion signs at 781 – 805 & 807 Dandenong Road, Malvern East.

Executive Summary

Applicant: / Bensons Property Group Pty Ltd & Bensons Funds Management Pty Ltd, C/- Contour Consultants Aust Pty Ltd
Ward: / East
Zone: / Business 2
Overlay: / None
Date lodged: / 5/12/2012
Statutory days: (as at council meeting date) / 114
Trigger for referral to Council: / Higher than 3 storeys and more than 7 objections
VCAT Hearing Date / 22 July 2013 (for six days)
Number of objections: / 77 objections from 71 properties
Consultative Meeting: / Yes, held on 2 May 2013
Officer Recommendation: / That Council advise VCAT and other interested parties that had a Failure to Determine appeal not been lodged, a Refusal to Grant a Planning Permit would have been issued

BACKGROUND

The Proposal

The plans that form part of the basis of Council's consideration were prepared by Fender Katsalidis Architects and are known as Drawing No.s: TP001, TP100-TP112 Rev B, TP200-TP202 Rev B and TP300-TP303 Rev B all Council date stamped 31 January 2013 and Landscape Plans prepared by Tract Consultants and known as Drawing No.s: 312420_00 SK 00 and 312420_00 SK 03 Council date stamped 31 January 2013.

Key features of the proposal are:

  • Construction of a part 4 storey building to John Street and a part 18 storey building to Dandenong Road comprising three (3) shops (total area 394m²), 325 dwellings (110 x 1 bedroom and 215 x 2 bedroom), 381 car parking spaces, 401 bicycle spaces, new vehicle access from Dandenong Road and the erection of two (2) electronic major promotion signs measuring 9.6m x 3.55m each.
  • Basement 3 comprises 85 car parking spaces (including 3 tandem spaces), 83 bicycle spaces, 82 storage spaces and a 60,000L stormwater tank.
  • Basement 2 comprises 83 car parking spaces (including 3 tandem spaces), 110 bicycle spaces and 77 storage spaces.
  • Basement 1 comprises 80 car parking spaces (including 3 tandem spaces), 86 bicycle spaces, 63 storage spaces and two waste collection areas.
  • The Ground Floor comprises three shops (total area 394m²), three resident lobbies (two accessed from Dandenong Road and one accessed from John Street), new vehicle access point from Dandenong Road, service and plant areas, a loading bay, three lift and stair cores, 8 dwellings (8 x 2 bedroom), 29 car parking spaces (including a disabled compliant space) and 13 storage spaces.
  • Level 1 comprises 9 dwellings (1 x 1 bedroom and 8 x 2 bedroom), 30 car parking spaces, 13 bicycle spaces and 9 storage areas.
  • Level 2 comprises 25 dwellings (7 x 1 bedroom and 18 x 2 bedroom), 37 car parking spaces (including 1 tandem space) and 48 storage areas.
  • Level 3 comprises 24 dwellings (6 x 1 bedroom and 18 x 2 bedroom), 37 car parking spaces (including 1 tandem space), 109 bicycle spaces and 33 storage areas.
  • Level 4 comprises 29 dwellings (8 x 1 bedroom and 21 x 2 bedroom), a multi-purpose room (for use by residents) and a landscaped terrace (844m²).
  • Level 5 comprises 26 dwellings (16 x 1 bedroom and 10 x 2 bedroom).
  • Level 6 comprises 14 dwellings (10 x 1 bedroom and 4 x 2 bedroom).
  • Levels 7-16 (10 levels) comprise 18 dwellings (6 x 1 bedroom and 12 x 2 bedroom) per level.
  • Level 17 comprises 10 dwellings (2 x 1 bedroom and 8 x 2 bedroom).
  • Two (2) electronic major promotion signs, measuring 9.6m x 3.55m (total 34.08m²) each to be located at Level 2 with one on the north western facade and the other on the south eastern facade.
  • The overall building height when measured from the Dandenong Road frontage to the parapet is 57.9m (AHD 104.8m). The screen to the plant area has a height of 59m (AHD 105.7m) and the lift overrun and stairs have a height of 61m (AHD 107.7m).

A Traffic and Transport Assessment prepared by Cardno, a Waste Management Plan prepared by Waste Wise Environmental, an ESD Report prepared by Sustainable Built Environments, a Landscape Report prepared by Tract Consultants, an Acoustic Review prepared by Acoustic Logic, a Wind Effects Statement prepared by Vipac, a Report on Provision of Incoming Site Services and Photomontage prepared by Floodslicer also form part of the assessment material of this application.

Site and Surrounds

The site is located on the north east corner of Dandenong Road and Tooronga Road, Malvern East. The site has the following significant characteristics:

  • Is irregular in shape with an extensive frontage to Dandenong Road of 132.91m, a frontage to John Street to the north of 76.54m and a total site area of approximately 4,162m².
  • Is currently occupied by a two-storey commercial building (occupied by Fitness First gymnasium) and associated car parking at 781-805 Dandenong Road and a single storey dwelling at 807 Dandenong Road.
  • The existing building also features two large electronic signs located on the roof of the southern and western facades.
  • The land is generally flat.
  • There are two existing crossovers to the site from Dandenong Road located in the eastern part of the frontage. A double crossover which serves 781-805 Dandenong Road and a single crossover which serves 807 Dandenong Road.

The site is located within the Waverley Road Neighbourhood Activity Centre. It is zoned Business 2 and not affected by any overlays. It is strategically located on an arterial road with good access to a range of urban infrastructure including shops, education/institutional uses, public open space and other community facilities. Public transport is within close proximity including the Caulfield Railway Station located 450m south east of the site, tram services operating along Balaclava Road/Waverley Road and bus services operating along Dandenong Road.

To the north of the site, on the opposite side of John Street, are generally single and double storey dwellings. Further north is an established residential area, with a Heritage Overlay applied to the Gascoigne Estate (Heritage Overlay 133). The nearest ‘heritage’ street to the subject site is Coppin Street, approximately 250 metres to the north.

The north eastern corner of the subject site adjoins No.6 John Street to the east, which is occupied by a single storey dwelling. This is part of a row of four dwellings (No.6 – No.12 John Street) which are located within a Residential 1 Zone on the southern side of John Street and adjoining the Business 2 Zone.

The southern part of the subject site adjoins No.809-823 Dandenong Road to the east, which is occupied by a Dan Murphy’s liquor outlet and surrounded by car parking. This site is within a Business 2 Zone. Further east is an established residential area, with a Heritage Overlay applied to the Gascoigne Estate (Heritage Overlay 133). The nearest ‘heritage’ street to the subject site is Finch Street, approximately 250 metres to the east.

To the north west of the site, on the north west corner of Dandenong Road and Tooronga Road is a service station. Further north are a mixture of single storey dwellings, two and three storey multi-dwelling buildings and Malvern Primary School.

To the south of the site, on the opposite side of Dandenong Road, is land located within the City of Glen Eira. A railway reserve directly abuts Dandenong Road, with Normanby Road to its south. A number of residential properties are located on Normanby Road. South east of this area is the Phoenix Precinct Major Activity Centre which comprises the Caulfield Railway Station, Derby Road/Caulfield Plaza shopping centre, Monash University, East Caulfield Reserve, Caulfield Racecourse and associated land and nearby residential areas.

Previous Planning Applications

A search of Council records indicates the following relevant planning applications:

781-805 Dandenong Road

  • Planning Permit 529/12 was issued on 8 October 2012 for the removal of two restrictive covenants on the land.
  • Planning Permit 817/11 was issued on 20 December 2011 for advertising signage.
  • Planning Permit 707/09 was issued at the direction of VCAT on 24 November 2010 for the display of two electronic major promotion signs.
  • Planning Permit 646/09 was issued on 11 December 2009 for business identification signs.
  • Planning Permit 618/07 was issued at the direction of VCAT on 21 February 2008 for use of the site as a restricted recreation facility (gym), shop and food and drinks premises (cafe) including associated buildings and works and a reduction in car parking.
  • Planning Permit 61/96 was issued on 29 July 1996 for the erection and display of two LED screens.

807 Dandenong Road

  • Planning Permit Application 244/09 was refused on 30 November 2009 for construction of a promotion sign.
  • Planning Permit 346/07 was issued on 24 April 2008 for use and development of the site for a take away food premises, store, associated signage and car parking and bicycle dispensation.
  • Planning Permit 472/07 was issued on 19 March 2008 for the removal of a restrictive covenant on the land.

The Title

The site is described as Certificate of Title Volume 9955 Folio 698 as Land in Plan of Consolidation 169673E(781-805 Dandenong Road) and Certificate of Title Volume 8175 Folio 58 as Lot 1 in Plan of Subdivision 38653 (807 Dandenong Road).

Covenant N975158U is registered on the title of land for 781-805 Dandenong Road, which concerns an easement in the north west corner of the site granted in favour of the Gas and Fuel Corporation of Victoria for gas supply lines.

Given no construction is proposed in the gas supply easement, the development would not result in a breach of the covenant.

Planning Controls

The following controls/permit triggers are considerations for this application:

Zone

Clause 34.02 – Business 2

Pursuant to Clause 34.02-1 a permit is required to use the land for dwellings and shops.

Pursuant to Clause 34.02-4 a permit is required to construct a building or construct or carry out works.

Pursuant to Clause 34.02-6, advertising sign requirements are at Clause 52.05. This zone is in Category 2.

Particular Provisions

Clause 52.05 – Advertising Signs

Pursuant to Clause 52.05-8 a permit is required for an electronic major promotion sign.

Clause 52.05-6 (Major Promotion Sign) provides specific guidance on notice and review, the conditions that must be included on any permit and decision guidelines.

Pursuant to Clause 52.05-1 an application to display an animated or electronic sign within 60 metres of an arterial road declared under the Road Management Act 2004 must be referred in accordance with Section 55 of the Planning and Environment Act 1987 to the referral authority specified in Clause 66.03 or a schedule to that clause (VicRoads).

Clause 52.06 – Car Parking

Pursuant to Clause 52.06-2 before a new use commences the number of car parking spaces required under Clause 52.06-5 must be provided to the satisfaction of the responsible authority in one or more of the following ways:

  • on the land; or
  • in accordance with a permit issued under Clause 52.06-3; or
  • in accordance with a financial contribution requirement specified in a schedule to the Parking Overlay.

Pursuant to Clause 52.06-3 a permit is required to reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5 or in a schedule to the Parking Overlay.

Pursuant to the Table at Clause 52.06-5, the following number of car parking spaces is required for the proposal:

  • 1 space to each one and two bedroom dwelling (total of 325 spaces)
  • 1 visitor space to each 5 dwellings (65 spaces)
  • 4 spaces to each 100sqm of shop leasable floor area (15 spaces)

Therefore, 405 car parking spaces are required. Given that 381 car parking spaces are proposed, a permit is required pursuant to Clause 52.06-3 to reduce the number of car parking spaces required.

Clause 52.07 – Loading and Unloading of Vehicles

Pursuant to Clause 52.07, space must be provided on the land for the loading and unloading of vehicles associated with certain uses. A permit may be granted to reduce or waive these requirements.

Clause 52.29 – Land Adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 Road

Pursuant to Clause 52.29, a permit is required to create or alter access to a road in a Road Zone, Category 1. An application to create or alter access to a road declared as an arterial road under the Road Management Act 2004 must be referred to the Roads Corporation (VicRoads) under Section 55 of the Act.

Clause 52.34 - Bicycle Parking

Pursuant to Clause 52.34-1, a new use must not commence or the floor area of an existing use must not be increased until the required bicycle facilities and associated signage has been provided on the land.

Pursuant to the Table at Clause 52.34-3, the following number of bicycle spaces is required for the proposal:

  • 1 space to each 5 dwellings (65 spaces)
  • 1 visitor space to each 10 dwellings (33 spaces)

No spaces are required for the shop use given the floor area does not exceed 1000m².

Therefore, 98 bicycle spaces are required. The application is proposing 401 bicycle spaces.

Clause 52.35 – Urban Context Report and Design Response for Residential Development of Four or More Storeys

Pursuant to Clause 52.35-1, an application for a residential development of four or more storeys must be accompanied by:

  • An urban context report
  • A design response

Clause 52.36 – Integrated Public Transport Planning

Pursuant to Clause 52.36-1, an application for a residential development comprising 60 or more dwellings or lots must be referred to Public Transport Victoria.

Relevant Planning Policies

Clause 11.01Activity Centres

Clause 11.04Metropolitan Melbourne

Clause 15.01Urban Environment

Clause 15.02Sustainable Development

Clause 16.01Residential Development

Clause 17.01-1 Business

Clause 18.01Integrated Transport

Clause 18.02Movement Networks

Clause 19.03-3Stormwater

Clause 21Municipal Strategic Statement

Clause 22.02Urban Design Policy

Clause 22.05Residential Development in Commercial Areas Policy

Clause 22.06Residential Character, Amenity and Interface Policy

Clause 22.09Retail Centres Policy

Clause 22.12Traffic Policy

Clause 22.13Parking Policy

Amendment C75 – Waverley Road Activity Centre

Proposed planning controls (Design and Development Overlay 5) were exhibited by Council under Amendment C75 in August and September 2008. The proposed planning controls included 18.5 metres (5 storeys) for the area between Tooronga Road and Boardman Street and 15 metres (4 storeys) discretionary height limit for the area between Boardman Street and Bates Street. Following the exhibition period, and in response to submissions, Council resolved to reduce the height limit to 15 metres (4 storeys) and 11.5 metres (3 storeys). Council then proceeded to a Panel with this adopted position.

The Panel recommended that there should be no controls on the land west of Bates Street, where the subject site is located. The Panel formed the view that the western end of this centre provided a different function from that of the eastern end and had a stronger relationship to the Caulfield Activity Centre (Major Activity Centre) south of Dandenong Road. The Panel concluded that the block depth of lots in this section would self regulate the height limits of buildings. The Panel recommended that the proposed DDO5 be abandoned in respect of the land west of Bates Street.

The Panel's recommendation was reflected in the final version of the amendment that was approved by the Minister for Planning and came into operation on 9 September 2010. The Amendment introduced permanent built form controls (a new Design and Development Overlay – DDO5) over the Waverley Road Neighbourhood Activity Centre applying only to the area east of Bates Street. The DDO includes future character statements and discretionary building heights and setbacks.

Amendment C173 – Dandenong Road

Amendment C173 applies to land along Dandenong Road from Tooronga Road to Bates Street, which includes the land that is subject of this application. The land is zoned Business 2 with four properties to John Street zoned Residential 1 Zone. The Amendment proposes to apply a Design and Development Overlay to direct built form and height. The proposed overlay incorporates guidelines with regard to height, form and siting, building appearance, setbacks and public/private interfaces. The Amendment also proposes to include the Dandenong Road Urban Design Guidelines December 2012 as a reference document in the Planning Scheme.