council meeting notice paper - city of stonnington · 9/30/2019 · notice paper monday 30...

Council Meeting Notice Paper

Monday 30 September 2019 at 7pm

Council Chamber, Malvern Town Hall,

(enter off Glenferrie Road, Malvern)

Vision Stonnington will be an inclusive, healthy, creative, sustainable and smart community.

Council’s vision will be implemented through four key pillars: Community: An inclusive City that enhances the health and wellbeing of all

residents, where people can feel safe, socially connected and engaged. Liveability: The most desirable place to live, work and visit. Environment: A cleaner, safer and better environment for current and future

generations to enjoy. Economy: A City that will grow its premier status as a vibrant, innovative and

creative business community. These pillars reflect the shared priorities of our community and Council, and are consistent with our history and vision for a liveable future. For each pillar, there is a framework for our strategies, actions and measures which outline the key services and projects to be delivered to our community. The Strategic Resource Plan sets out how Council will provide the resources needed to implement strategies and actions within the Council Plan.

Councillors Cr Steven Stefanopoulos, Mayor Cr Glen Atwell Cr John Chandler Cr Sally Davis Cr Marcia Griffin Cr Judy Hindle Cr Jami Klisaris Cr Matthew Koce Cr Melina Sehr

Chief Executive Officer Jacqui Weatherill

Executive Staff Geoff Cockram - General Manager Corporate Services Stuart Draffin - General Manager Planning & Amenity Cath Harrod - General Manager Community & Culture Rick Kwasek - Acting General Manager Assets & Services 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. Affirmation Statement

We are reminded that as Councillors we are bound by our Oath of Office to undertake the duties of Councillor in the best interests of the people of the City of Stonnington and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in us under the Local Government Act and any other relevant Act

Welcome

Welcome to a Stonnington City Council meeting. These meetings are an important way to ensure that the democratically elected Councillors work for the community in a fair and transparent way.

Council business is conducted in accordance with Part 4 Division 3 of the Meeting Procedure section of Council’s General Local Law 2018 (No 1). Councillors carry out the functions, powers, authorities and discretions vested with them under the Local Government Act 1989, and any other relevant legislation. Councillors

impartially perform the Office of Councillor duties, in the best interests of the City of Stonnington residents to the best of their skills and judgement. Councillors must formally declare their conflicts of interest in relation to any items listed on the agenda at the start of the meeting and immediately prior to the item being considered, in accordance with Sections 77 to 79 of the Act.

About this meeting

The first page of the agenda shows the different parts to the meeting, some of these are administrative and are required under Stonnington’s Local Law.

The agenda lists of all the items to be discussed under ‘General Business’. Each report is written by a Council Officer and outlines the purpose of the report, relevant information and a recommended decision for Councillors. Council will consider the report and either accept, reject or make amendments to the recommendation. Council decisions are adopted if they receive a majority vote from the Councillors present at the meeting.

Arrangements to ensure meetings are accessible to the public

Council meetings are held at the Malvern Town Hall, corner High Street and Glenferrie Road (entry via Glenferrie Road via the door closest to the Malvern Police Station). The Town Hall has an entrance ramp and elevators to ensure that the Council Chamber is accessible to all. Accessible toilets are also available. If you require translation, interpreting services or a hearing loop, please contact Council’s civic support on 03 8290 1331 to make appropriate arrangements before the meeting. To ensure that people in the chamber can follow proceedings, the meeting agenda, motions and proposed alternate resolutions (also known as ‘yellows’), are displayed on a screen.

Live webcasting

Council meetings are webcast live via Council’s website, allowing those interested to view proceedings without attending the meeting. This gives people who are unable to attend, access to Council decisions and debate. A recording of the meeting is available on our website after the meeting (usually within 48 hours). Only Councillors and Council officers seated around the Council table are visible. People in the public gallery will not be filmed, but if you speak, you will be recorded.

Members of the gallery If you choose to attend a Council Meeting as a member of the public gallery, you should note the role of the Chairperson (usually the Mayor) and your responsibilities under the City of Stonnington General Local Law 2018(1).

Extracts from the Local Law:

81. Gallery to be Silent

(1) Visitors must not interject or take part in the debate. (2) The gallery must be silent at all times during any Council Meeting. (3) The ring tones of mobile telephones and other devices must be turned off by people

in the gallery at all times.

88. Recording or Filming Proceedings

(1) A person must not operate an audio tape, mobile telephone or other recording or transmitting equipment or film ('a device') at any Council Meeting without first obtaining the consent of the Chairperson.

(2) Consent given under sub-clause (1) may be revoked by the Chairperson at any time during the course of a meeting.

(3) If a device is operated, or suspected of being operated, in contravention of sub-clause (1), the Chairperson may: (a) order the person operating, or suspected of operating, the device to produce

the device to the Chairperson; and (b) arrange for any matter that has been recorded on the device in contravention of

sub-clause (1) to be deleted, erased or otherwise removed from the device. (4) Subject to sub-clause (5), the Chairperson shall return any device that has been

produced to him or her pursuant to sub-clause (3) at the conclusion of the relevant Council Meeting.

(5) If the Chairperson has been unable to arrange for the matter that has been recorded on the device in contravention of sub-clause (1) to be deleted, erased or otherwise removed from the device, the device shall be returned to the person as soon as practicable after the deletion, erasure or removal has been carried out.

84. Removal from Chamber of a Councillor or Member of the Public

The Chairperson, or Council in the case of a suspension under clause 82, may ask any Authorised Officer or member of Victoria Police to remove from the meeting (including the gallery): (1) any person who the Chairperson has ordered to be removed under clause 82(3); or (2) any Councillor who has been suspended under clause 82 and who has not

immediately left the Council Meeting.

50. Questions to Council from Members of the Public

(1) Questions to Council from members of the public will be considered as part of the order of business of an Ordinary Meeting only when submitted in the format outlined below: (a) Questions must be in writing and lodged at the office of the Chief Executive

Officer by 12 noon on the day of the next scheduled Ordinary Meeting. (b) A limit of five (5) questions per questioner applies. (c) Questions must include the name and address of the questioner and the date of

the question. Questions by facsimile or email are acceptable. (2) Within four (4) working days of receiving a complying question to Council from a

member of the public, the Chief Executive Officer will dispatch a notice to the member of the public who submitted the question, advising that the question has been received.

(3) At a meeting at which a question is to be considered: (a) The Chairperson will acknowledge that a question or questions have been

received from a (named) person and ask if that questioner is in the gallery. (b) If the questioner is present in the gallery, a summary of the subject matter of the

question(s) will be read out by the Chairperson and the questioner advised that a written reply to the question(s) will be issued within 14 days of that meeting date.

(c) If the questioner is not in the gallery, Council will respond to the question(s) in accordance with any standard correspondence to Council.

(4) The Chairperson has the discretion to allow a question to be asked and/or answered at the meeting that is in variance with the procedure in this Local Law.

(5) The Chairperson may refuse to acknowledge a question if, in the opinion of the Chairperson, the question is, or is potentially, defamatory, indecent, offensive, abusive, objectionable in language or substance, irrelevant, trivial, aimed at embarrassing a Councillor or a member of Council staff, outside Council’s powers or functions, has been asked at a previous Council Meeting and a reply issued, or relates to matters that come under section 89(2) of the Act.

(6) Any question relating to electoral matter during an Election Period will not be considered at any Council Meeting.

(7) A copy of the questions and responses will be tabled and inserted into the minutes of the following Council Meeting.

47. Open Meetings

(1) Subject to sub-clause (2), Council Meetings must be open to members of the public pursuant to section 89(1) of the Act.

(2) Council may resolve, under section 89(2) of the Act, that a meeting be closed to members of the public if Confidential Business is to be discussed.

Your cooperation is appreciated, we hope you enjoy the meeting.

Mayor and Councillors, Stonnington City Council

Council Meeting

Notice Paper

Monday 30 September 2019

Order of Business and Index

a) Reading of the Reconciliation Statement and Affirmation Statement

b) Introductions

c) Apologies

d) Adoption and confirmation of minutes of previous meeting(s) in accordance with Section 93 of the Act and Clause 49 of General Local Law 2018 (No 1)

1. MINUTES OF THE COUNCIL MEETING HELD ON 16 SEPTEMBER 2019 ................................................ 7

e) Disclosure by Councillors of any conflicts of interest in accordance with Section 79 of the Act

f) Questions to Council from Members of the Public

g) Correspondence – (only if related to council business)

h) Questions to Council Officers from Councillors

i) Tabling of Petitions and Joint Letters

j) Notices of Motion

k) Reports of Special and Other Committees; - Assembly of Councillors

l) Reports by Delegates

m) General Business including Other General Business

1. PLANNING AMENDMENT 0490/16 - 230-234 TOORAK ROAD SOUTH YARRA – S72 AMENDMENT

TO THE APPROVED RESIDENTIAL HOTEL TO ALLOW AN INCREASE IN HOTEL ROOMS FROM 93 TO

123 IN CONJUNCTION WITH INTERNAL AND EXTERNAL CHANGES TO THE BUILDING .............................. 9

2. PLANNING APPLICATION 0406/18 - 151-153A TOORAK ROAD SOUTH YARRA - CONSTRUCTION

OF A MIXED USE DEVELOPMENT IN AN ACTIVITY CENTRE ZONE AND DESIGN AND DEVELOPMENT

OVERLAY AND REDUCTION IN CAR PARKING REQUIREMENT ............................................................ 27

3. PLANNING APPLICATION 1049/18 - 35-37 KENSINGTON ROAD, SOUTH YARRA –

CONSTRUCTION OF 5, THREE STOREY ATTACHED TOWNHOUSES OVER A BASEMENT CAR PARK .......... 49

4. PROPOSED ROAD DISCONTINUANCE OF LANEWAY BETWEEN 851-853 DANDENONG ROAD AND

1 CLARENCE STREET MALVERN EAST ......................................................................................... 69

5. PROVISION OF TEMPORARY RESIDENTIAL PARKING PERMIT ON COMPASSIONATE GROUNDS ........... 97

6. SHOPPING PRECINCT GATEWAY SIGN UPGRADES .......................................................................... 99

n) Urgent Business

o) Confidential Business

ADOPTION AND CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

30 SEPTEMBER 2019

RECOMMENDATION

That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 16 September 2019 as an accurate record of the proceedings.

GENERAL BUSINESS 30 SEPTEMBER 2019

m) General Business

1. PLANNING AMENDMENT 0490/16 - 230-234 TOORAK ROAD SOUTH YARRA – S72

AMENDMENT TO THE APPROVED RESIDENTIAL HOTEL TO ALLOW AN INCREASE IN HOTEL

ROOMS FROM 93 TO 123 IN CONJUNCTION WITH INTERNAL AND EXTERNAL CHANGES

TO THE BUILDING

Acting Manager Statutory Planning: Anthony De Pasquale General Manager Planning & Amenity: Stuart Draffin

PURPOSE

For Council to consider an amendment to a planning permit and plans to increase the number of hotel rooms and to make internal and external modifications to the approved building at 230-234 Toorak Road, South Yarra. This item was considered at the Council meeting of 16 September 2019. The application was deferred and is now presented to Council for further consideration. Executive Summary Applicant: Human Habitats Ward: North Zone: Activity Centre Zone, Schedule 1 Overlay: Incoprorated Plan Overlay, Schedule 3 Date lodged: 15 April 2019 Statutory days: (as at council meeting date)

138

Trigger for referral to Council:

More than 7 objections and Councillor call-up

Number of objections: Ten (10) Consultative Meeting: Yes – held on 10 July 2019 Officer Recommendation: Issue a Notice of Decision to Grant an Amended Planning

Permit BACKGROUND

This amendment application was deferred at the Council Meeting on 16 September 2019 as further questions were raised around internal amenity and the quality of the hotel offering. The applicant has responded to these queries advising that the key indicators for internal amenity in the hotel rooms is access to daylight and quality of the finishes. They have again confirmed that the smaller room sizes now receive greater access to daylight (due to the enlarged light court) and thus, improved levels of amenity for future occupants. The applicant has provided the following description of the hotel offering:


All rooms in South Yarra are designed to achieve maximum functionality with bespoke design and high end finishes, offering equivalent room amenities to those found in the most luxurious hotels. All rooms have the capacity to include a queen size bed, electrical blinds and amenities such high speed free internet, 42" LCD TV with built-in Apple TV and Chromecast to allow Netflix and other casting application, Alexa by Amazon, iPad, Safe, mini bar, phone, Iron and ironing board, tea & coffee facilities, Ovolo design amenities, and many other features that can be found in 5-star hotels around the world.

The applicant has advised that hotel design has changed and now has a primary focus on the public and dining spaces and as these have become larger and more sophisticated. The hotel room size is less important. This has led to a new hotel type offering some smaller rooms with a vibrant and engaging ground floor public offering which is welcoming to locals and guests alike. Planning Permit 490/16 issued at the direction of the Victorian Civil and Administrative Tribunal (VCAT) by consent order dated 30 June 2017. An application for an 8-storey residential hotel comprising 107 rooms with ancillary uses including indoor recreation facility (gymnasium), hotel kitchen and bar and an event space was lodged with Council on 15 June 2016. An appeal was lodged with VCAT on 11 April 2017 against Council’s failure to determine the application within the prescribed timeframe. The application was considered by Council Officers and it was determined on 3 May 2017 that had no appeal been lodged, Council would have resolved to refuse the application on the following grounds:

1. The proposal is fails to respond to relevant State and Local Planning Policies of the Stonnington Planning Scheme, namely Clause 22.05 (Environmentally Sustainable Development), the adopted Amendment C172 (Chapel reVision Structure Plan 2013-2031), Clause 52.06 (Car Parking), Clause 52.34 (Bicycle Facilities) and the Guidelines for Higher Density Developments.

2. The proposed development by virtue of its excessive building height, scale,

massing and minimal setbacks constitutes an overdevelopment of the land that is unacceptable in this site context and lacks policy justification.

3. The car parking and traffic arrangement is considered unsatisfactory and will result in detrimental impact to the amenity of the area and the road network.

4. The reliance on on-street parking to service a mixed use development of this

scale is unacceptable and will result unreasonable offsite amenity impacts.

5. The proposed development will cause unreasonable detrimental impact to the public realm through overshadowing and visual bulk.

6. The proposed development does not achieve a satisfactory sustainable design outcome, including adequate level of internal amenity.

Following two VCAT Compulsory Conferences on 9 May and 27 July 2017, all parties (including all objectors that were parties to the proceeding) reached agreement and the matter was settled. The key changes to the plans included (but are not limited to):

Reducing the height of the building to 7-storeys (22.55 metres) fronting Toorak Road with a reduction in the street wall height to 13.55 metres to Toorak Road and 9.9 metres to Penny Lane, subsequently resulting in a reduction in the number of rooms from 107 to 90.


Increasing the width of the east facing hotel rooms on Levels 1 to 3 to improve daylight access.

The extent of wall to be constructed on the eastern boundary slightly reduced to protect internal amenity of both the proposed hotel and the existing building at 238 Toorak Road.

Building setback from Penny Lane increased to 3 metres on levels 3 and 4, 4.5 metres at level 5 and 6 metres on level 6 to improve the visual amenity and daylight access to Penny Lane and properties on the southern side of the laneway.

The roof top plant, lift and stair core limited to 1.5 metres in height. Plans were endorsed to comply with conditions 1, 3, 4, 5, 7, 9, on 21 December 2018. An amendment is now being sought to vary the approved development and change the conditions of approval. These details are provided below. Importantly, there is no change proposed to the building height or reduction in any setbacks. All windows previously required to be screened for privacy continue to be screened. The Proposal The plans that form part of the basis of Council's consideration were prepared by Woods Bagot and are known as Drawing No’s: A-1000 Rev 5, A-2200 Rev 8, A-2201 Rev 9, A-2202

Rev 9, A-2202A Rev 1, A-2203 Rev 4, A-2204 Rev 9, A-2205 Rev 4, A-2206 Rev 9, A-2209 Rev 8, A-3200 Rev 6, A-3201 Rev 5, A-3202 Rev 5, A-3203 Rev 6, A-4201 Rev 2, TP-3204 Rev 5 and Council date stamped 15 April 2019. This amendment is also supported by a Traffic Report prepared by GTA Consultants, a Waste Management Plan prepared by Leigh Design Pty Ltd, an Environmentally Sustainable Design Report by Sustainable Development Consultants, and a Daylight Model prepared by Arc Resources. Key features of the proposed amendments are:

Amend the permit preamble to reflect the current zoning of the land: “Use and development of the land as a residential hotel in an Activity Centre Zone and a reduction in the standard car parking and bicycle requirements”

Vary the wording of condition 1(a) as follows: a) The layout and elevations consistent with plans tabled and signed at the VCAT

compulsory conference on 27 June 2017 without the prior written consent of the Responsible Authority.

Make the following internal and external alterations to the building:

Internal reconfigurations to increase the number of hotel rooms from 93 to 123;

Internal reconfigurations of the ground floor level including relocating the bin store area;

Increase the depth of the light court on the eastern side of the building to 3.2 metres (previously 2.2 metres);

Vary the design of the front façade from a diamond glazing arrangement to grid detail and varying the location of the fire booster;

Minor changes to the rear boundary treatment (increased screening);

Provision of an additional void in the northern portion of the western boundary (approximately 7.8 metres from the front boundary);

Change the overlooking treatment from screening to obscure glazing for glazing in the voids (east facing).


Site and Surrounds The subject site is located on the south side of Toorak Road, to the west of Chapel Street and east of Chambers Street, approximately 27 metres east of its intersection with Chambers Street. The site has the following significant characteristics:

Street frontage to Toorak Road of 14.3 metres, a site depth of approximately 55 metres and an overall site area of 797 square metres.

The rear of the site abuts Penny Lane.

The site is currently zoned Activity Centre 1 (was previously zoned Commercial 1) and is affected by an Incorporated Plan Overlay, Schedule 3.

The land has been cleared and early site preparation works have commenced. The subject site interfaces the following properties: The property directly to the east, known as 238 Toorak Road, is a four storey building incorporating retail uses on the ground level with apartments above. The site has its pedestrian access via Toorak Road, while vehicle access is via Penny Lane to the south (rear). The subject site abuts two (2) properties to the west, a part two (2), part three (3) storey building, known as 226 Toorak Road, a number of commercial uses are contained within this building. While the other property to the south-west of the subject site is known as 38 Chambers Street and is a three (3) storey residential building with its primary access points via Chambers Street. Directly to the south is Penny Lane. The southern side of the lane contains a number of attached multi storey dwellings. These dwellings have a primary outlook to the north, towards the subject site. Penny Lane serves as the primary access for the dwellings on the southern side of the street and also serves the rear of the commercial properties along Toorak Road. Previous Planning Application(s) A search of Council records indicates the following relevant planning application:

The subject Permit issued on 10 July 2017 at the direction of VCAT (via consent order) and allows for the construction of a 7-storey hotel containing 93 rooms. Deliveries and waste collection are to occur at the rear of the site via Penny Lane. A number of conditions currently restrict the operation of the hotel such as, no patron access is to be permitted via Penny Lane; deliveries must only occur between 8am and 9pm Monday to Saturday and between 9:00am and 9:00pm on Sunday and Public Holidays; and waste collection may only occur between 9am and 3pm Monday to Friday.

A Section 72 Amendment was approved on 27 September 2018 and allowed a change to condition 1d) to clarify the intent of the condition to read:

Any further changes to achieve no additional overshadowing impact at the equinox to the private open space and the glazed roof at Level 2 of 8 Penny Lane.


The site has been cleared and an extension to the permit expiry has been granted. The extension allowed works to commence by 10 July 2020 and be completed by 10 July 2022. The use must commence by 10 July 2023. The Title The site is described on Certificate of Title Volume 11060 Folio 387 as Lot 1 on Title Plan 232177B and no covenants or easements affect the land. Planning Controls Section 73(1) of the Planning and Environment Act 1987 states that Sections 47 to 62 apply

to an application to amend a permit as if the application were an application for a permit and any reference to a permit were a reference to the amendment to the permit. Therefore, the amendments to the permit and plans are to be assessed against the relevant planning controls affecting the proposal. Note: Only the changes to the approved proposal are considered as part of this application for amendment. The following controls/permit triggers are considerations for this application: Zone Clause 37.08 – Activity Centre Zone, Schedule 1 (ACZ1) Pursuant to Clause 37.08-2 a permit is required to use the land for a residential hotel as it falls within a Section 2 (permit required) use. This application seeks to increase the number of hotel rooms within the approved building envelope. Pursuant to Clause 37.08-5 a permit is required to construct a building or construct or carry out works. This amendment can only consider the changes to the built form beyond the approved building envelope. Overlay Clause 43.03 - Incorporated Plan Overlay, Schedule 3 This Overlay only applies to late night liquor licence associated with a hotel, tavern or nightclub, in the Chapel Street Precinct. As the application is for a Residential Hotel and no liquor licence is being sought, this Overlay does not apply.

Particular Provisions

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. A residential hotel is not a use listed at Clause 52.06-5 and as such, car parking must be provided to the satisfaction of the Responsible Authority. Currently no car parking is proposed on-site and no parking is proposed by this amendment. Clause 52.29 - Land Adjacent to a Road Zone, Category 1 There is no change proposed to the Toorak Road frontage that abuts the Road Zone, Category 1 as part of this amendment. Clause 52.34 –Bicycle Facilities


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. The Stonnington Planning Scheme requires the following rates of bicycle facilities:

Use Employee/Resident Visitor

Residential building

In developments of four or more storeys, 1 space to each 10 lodging rooms

In developments of four or more storeys, 1 space to each 10 lodging rooms

The increase in hotel rooms from 93 to 123 requires an additional 6 bicycle spaces to be provided on site. 12 bicycle racks are currently proposed (and were previously approved) at the rear of the site within the loading bay area. No additional bicycle spaces are proposed by this amendment. Relevant Planning Policies Clause 11 – Settlement Clause 11.03-1S – Activity centres Clause 13 – Environmental Risks and Amenity Clause 13.05-1S – Noise abatement Clause 13.07 – Amenity and Safety Clause 15 – Built Environment and Heritage Clause 17 – Economic Development Clause 18 – Transport Clause 19 – Infrastructure Clause 21.03 – Vision Clause 21.04 – Economic Development Clause 21.06 – Built Environment and Heritage Clause 22.05 – Environmentally Sustainable Development Clause 22.18 – Stormwater Management (Water Sensitive Urban Design) Advertising

The application has been advertised pursuant to Section 52 of the Planning and Environment Act 1987 by sending notices to the owners and occupiers of adjoining land (and by placing two signs on the site). Letters were also sent to all previous objectors to the original application. The public notification of the application has been completed satisfactorily. The site is located in North Ward and objections from ten (10) different properties have been received. The concerns of the objectors are summarised below:

Increasing the rooms is contrary to agreements reached at VCAT Compulsory Conference

Increasing the intensity of the hotel will adversely impact on the area

Quality of the hotel degraded by incorporating smaller rooms (ghetto-like place of accommodation)

Overdevelopment

Increased traffic

More frequent waste collection, laundry, food delivery will be needed and Penny Lane is already heavily congested.

The relocated bin store area due to inconvenience for waste collection.

Increase in staff gathering/smoking in the rear lane (Penny Lane) and noise/waste in the lane at night.


The size of the additional rooms (14sqm) are too small.

Trucks cannot adequately turn in Penny Lane.

A Consultative Meeting was held on 10 July 2019. The meeting was attended by Councillor Koce, representatives of the applicant, objectors and a Council planning officer. The meeting did not result in any changes to the plans. Following the meeting, the applicant has advised that they would be willing to accept the following conditions:

Staff should not loiter in Penny Lane between the hours of 9:00pm and 7:00am; Patron Management Plan; and - This would set out specific actions and procedures to manage patrons; establish

a process to receive and remedy complaints; and to promote communication between the hotel operator and the local community and residents.

Reduce the hours of delivery to: - Delivery is only permitted between the hours of 8:00am – 8:00pm, Monday to

Saturday and 9:00am – 8:00pm, Sunday and Public Holidays. Referrals Transport for Victoria Pursuant to Clause 66.02-11 (Integrated Public Transport Planning) of the Stonnington Planning Scheme, the application was referred to Transport for Victoria.

The Head, Transport for Victoria, pursuant to Section 56(1) of the Planning and Environment Act 1987, does not object to the proposed amendment subject to the following condition:

1. The permit holder must take all reasonable steps to ensure that disruption to bus

operation along Toorak Road is kept to a minimum during the construction of the development. Foreseen disruptions to bus operations and mitigation measures must be communicated to Public Transport Victoria eight (8) weeks prior by telephoning 1800 800007 or [email protected].

Environmentally Sustainable Design (ESD) Officer

The amended plans were referred to Council’s ESD Officer who initially advised that:

Generally, the daylight standards of the proposed (April 2019) plans indicates comparatively similar (if not slightly improved) standards relative to the current endorsed plans. However, other permit conditions (mostly associated with annotations on the architectural documentation) appear to have been missed or modified amongst the proposed updates.

The Applicant then submitted an updated Sustainability Management Plan and updated architectural plans for discussion purposes only on the 31 May 2019 to address the ESD comments. These were again referred to Council’s ESD Officer who advised that the following items are still required to be shown on plans:

The applicant is required to annotate several materials assumptions utilised within the daylight model (for light-court facing level 1 and 2 bedrooms) on architectural plans. For levels 1, 2 and 3, specify a light colour for the party wall to the east of the light court (facing the hotel rooms) with a reflectance value of no less than 60%, as per the daylight modelling report.

mailto:[email protected]


The building fabric commitments – particularly the added insulation to external walls and roofs – has decreased in this iteration from the initially proposed R3 to walls and R4 to roofs down to R2.6 to R2.8 and R3.8 respectively. The modelling results and glazing calculations provided shows only 3.6% building fabric improvements beyond baseline code compliance. Plans must be updated to reflect the following:

o External walls – Added insulation R-value to be no less than R3

o Roofs – Added insulation R-value to be no less than R4

Alternatively, the applicant can choose to provide other passive design measures such as external shading and natural ventilation.

Planner Note: These outstanding matters will be required to be addressed by way of conditions in conjunction with the notations added to the discussion plans (dated 27 May 2019) as submitted to Council on 31 May 2019. Transport and Parking Department

It is important to note that a Residential Hotel comprising 93 rooms has already been approved with no car parking on-site and no designated pick up/drop off area. Although this remains a concern for the Transport and Parking Department, this arrangement is already authorised under Planning Permit 490/16. The Transport and Parking Department have advised that:

It is not appropriate to argue in favour of a car parking shortfall on the basis of modal shift to cycling, and then under-supply bicycle parking. If the applicant wishes to argue in favour of a significant parking shortfall, then an over-supply of bicycle parking is required.

A development without parking could be considered, but there needs to be a demonstrated commitment to providing alternative options.

The design details of the bicycle parking have not been provided on the plans, but have been referred to in the TIA. The applicant is to revise the plans to include dimensions to allow for assessment.

The proposal includes a loading bay accessed from Penny Lane at the rear of the site. The design does not appear to have substantially changed from the endorsed plans.

The TIA includes a functional assessment of the loading bay which shows that a Small Rigid Vehicle (SRV) can access the site.

Waste Coordinator No waste management concerns regarding this proposed amendment. Condition 3 of Planning Permit No. 490/16 remains satisfied. Urban Design

Supports the amendment subject to the applicant providing a detailed schedule of materials, finishes and colours for all external cladding to Council’s satisfaction. Planner Note: This will be addressed via conditions of any amended permit issued.


KEY ISSUES

Increase in the number of hotel rooms The use of the land as a residential hotel was approved via the consent orders reached at VCAT in 2017. This amendment now seeks to increase the intensity of the use by incorporating a number of smaller rooms into the building and increasing the number of rooms by 30. While the number of rooms is being increased, the building itself is being reduced in size as a result of the increased setback for the light court along the eastern boundary. The increased setback to the east will slightly improve daylight access to the hotel rooms beyond the plans currently endorsed. The changes proposed to the light court will slightly improve the internal amenity of the hotel rooms, contrary to the concerns of the objectors. Although a proportion of the rooms will be smaller in size than currently approved, the hotel operator has maintained that the quality of the hotel offering will not be diminished. The smallest of the rooms will have an area of 14 sq. m, whereas the endorsed plans currently propose a minimum room size of 21.8 sq. m. It has been confirmed that there are no minimum requirements for residential hotel rooms under the building regulations for a Class 3 building. The rooms also satisfy the relevant sections of the Public Health and Wellbeing Regulations 2009. Despite the increase in the number of small rooms, the hotel will offer a diversity of room sizes and suites varying in size between 14 sq. m and 50 sq. m. The ground floor and basement levels will continue to offer hotel amenities including a guest lounge, gym/wellness centre and a café/restaurant. It is considered that despite the increase in the number of smaller rooms, the proposed hotel will continue to be of a suitable standard and will not degrade the amenity of the surrounding area. Many of the objector concerns relate to the intensity of the use, the degraded quality of the hotel rooms and concerns that the development will operate as a hostel. The hotel operator (Ovolo) attended the consultative meeting on 10 July 2019 to outline the high standards to which the hotel brand operates. Following the consultative meeting the Applicant has voluntarily agreed to provide a patron management plan by way of a condition, which will set out procedures to manage patrons; establish a process to receive and remedy complaints; and to promote communication between the hotel operator and the local community and residents. This is considered a positive way in which to give further assurance to the objectors that the hotel will be operated to a high standard and would seek to limit the amenity impacts on the surrounding area. For the reasons to be discussed below, the patron management plan will also require details of staff management (ensuring that the access restrictions to the rear of the site are communicated as part of the induction process for all new staff including any contractors (i.e. cleaners, laundry staff etc)) to seek to prevent loitering in Penny Lane. Other concerns of the objectors relate to the potential increase in staff utilising the rear of the hotel throughout the day and night and loitering in Penny Lane. This has come about as a result of the changes to the location of the kitchen at the rear of the ground floor (previously in the basement), which now makes access to the rear of the site easier than the plans as presented at VCAT. To address these concerns, the applicant has again voluntarily agreed to address this via a condition; however, the wording of the condition as suggested is difficult to enforce. It is considered that there is no need for staff of the residential hotel to access the rear of the site via Penny Lane during the night. Waste collection and loading are to occur entirely within the loading bay area up until 8pm on any day. Therefore, it is considered reasonable that no access be provided via the rear of the site from Penny Lane for any staff between the hours of 9:00pm and 7:00am, unless in the case of an emergency. This will be enforced by way of a condition of the permit.


Subject to a number of new conditions, the increase in hotel rooms by 30 is not expected to adversely impact on the amenity of the surrounding area or the wider activity centre; particularly given there is no increase in the built form from what has been approved to date. External alterations to the building The amended plans seek to make four alterations to the approved building being, the alterations to the Toorak Road façade, the increase in the eastern light court, the introduction of a small void on the west side of the building and increased screening to the rear elevation. The most notable change to the building is the variation to the design of the Toorak Road facade. The building as approved has a diamond shaped glazing system to the street. The proposal now seeks to simplify this design to a grid pattern. Although the shape of the glazing system will vary, the materials will continue to be of glass and metal construction with high levels of transparency. Council’s Urban Designer has no concerns with the change to the façade, subject to a detailed materials and finishes schedule being provided to Council’s satisfaction. The plans will be required to be updated to include details of the materials and finishes by way of conditions. The change to the Toorak Road ground floor level frontage has resulted in some minor variations to the restaurant glazing. Where the ground floor walls were previously splayed, these walls have been straightened and the fire booster cupboard relocated so that it now abuts the footpath. As the cupboard only occupies a small portion of the ground floor façade, the frontage remains activate and will more closely reflect the alignment of the façades on the adjoining sites. The introduction of a small void on the west side of the building will match the two existing voids on this side of the building. The void is to be screened with obscure glazing and will have a motorised louvre window for natural ventilation. The void sits adjacent to a solid wall to the west, which is constructed on the common boundary with the subject site. The introduction of an additional void raises no amenity concerns and will improve the environmental performance of the building by increasing natural ventilation. The amended plans also show a change to the other voids on the west elevation from metal screens to obscure glass. The change from a metal screen to obscure glass will continue to meet the requirements of Condition 1 by obscuring any views. The changes to the rear southern elevation (facing Penny Lane) involves increased the screening from the endorsed plans and reducing the extent of openings. This will effectively reduce any opportunities for overlooking towards the dwellings on the southern side of Penny Lane. The change to the screening has resulted from the internal layout modifications (rearrangement of the hotel rooms) and continues to meet Condition 1c) of permit which requires:

b) Provision of overlooking prevention measures to the southern elevation of the building on all levels to Penny Lane properties

The last change relates to the increased setback of the light court on the eastern side of the building. The light court has been increased in width by 1.0 metre to a total depth of 3.2 metres. The setback to the title boundary has not been dimensioned on plans and this will be required via a condition for clarity. Although the change reduces the building envelope, it improves the daylight standards within the hotel rooms. This has been confirmed by the daylight model undertaken by Arc Resources which demonstrates that although some rooms have been reduced in size, overall the daylight access has improved.


This was validated by Council’s ESD Officer who noted a slight improvement to the daylight standards relative to the current endorsed plans. For this reason, the increased width of the light court is positive and should be supported. It is noted that the amended plans have removed the metal privacy screen at Level 1 on the eastern boundary and this is to be reinstated via a condition. Car Parking and Traffic As mentioned earlier in this report, the use of the land as a 93-room residential hotel has been previously approved and the amendments now sought will increase the number of hotel rooms by 30. Council’s Traffic Engineers remain concerned with the lack of a designated pick up/drop off area which was previously raised as a concern. However, the development as approved via the consent order at VCAT did not require a pick up or drop off area within the design. It would now be impractical to require this and would result in a very poor streetscape outcome if provided to the narrow frontage of Toorak Road. Any drop off area at the rear of the site would raise further concerns for residents and would cause adverse traffic impacts. Under the current design, the traffic to be generated by 30 additional rooms is unlikely to adversely impact on the amenity of the area, as all visitors to the site will have to utilise public transport or taxi services (or the like) to access the residential hotel. The conditions of the permit require that no patron may access site via Penny Lane, meaning it is highly unlikely that taxis will queue in Penny Lane. It is noted that there is no specific rate attributed to a residential hotel at Clause 52.06-5 and as such car parking must be to the satisfaction of the Responsible Authority. Given the location of the residential hotel in an Activity Centre Zone, within close proximity to numerous public transport options, it is considered acceptable to provide no on-site car parking. However, as per the advice of Council’s Transport and Parking Department there needs to be a demonstrated commitment to providing alternative options from private vehicle use. As such, additional provision of on-site bicycle parking is to be provided for staff and visitors to encourage a shift towards more sustainable modes of transport in line with State and local planning policies. The plans will be required to be updated (by way of a condition) to show 6 additional bicycle parking spaces to accord with the requirements of Clause 52.34 for the increase in the residential hotel rooms. Deliveries and Waste Collection A number of objectors are concerned with the deliveries that will be required throughout the day as a result of the increased number of rooms within the residential hotel. The applicant has advised that deliveries are unlikely to increase as a result of the changes proposed. Nonetheless, the Applicant has voluntarily agreed to reduce the delivery hours to 8:00am – 8:00pm, Monday to Saturday and 9:00am – 8:00pm Sunday and Public Holidays in an attempt to address some of the objector concerns. Currently, Condition 4 allows deliveries up until 9:00pm each night; therefore this would be a reduction by one (1) hour each day. Concerns have also been raised as a result of the relocation of the waste store area, which was previously located directly at the rear of the loading bay. The bin store has now been moved to the eastern wall of the loading area and surrounding residents are concerned that the bins will no longer be conveniently located to allow for waste collection within the site itself. This matter has been considered by Council’s Transport and Parking Department who have advised that if a side-load waste collection vehicle can be used, then the new design is in fact better than the approved design.


They have also noted that if a rear-load vehicle can only be used for waste collection, the design of the loading bay would still ensure that the collection truck would be within the building setback and will not block access along Penny Lane. A condition of the permit will require that the Waste Management Plan be updated to require a side-load waste collection vehicle be used in place of a rear-load vehicle, unless further justification is provided as to why this type of vehicle cannot be used in this development. Some concerns were also raised with the noise impacts of loading and waste collection throughout the day. The Waste Management Plan provided in support of the application (and Condition 3 of the Permit) confirms that, “Waste collections must only occur between the hours of 9am and 3pm Monday through Friday. The waste collector shall protect the acoustic amenity by minimising noise during the collection”.

As the hours for waste collection are limited to daytime hours on week days only, it is not anticipated that the noise or activity associated with waste collection would be unreasonable on the surrounding amenity as a result of this amendment. Objections In response to the grounds of objection not already discussed in the report, the following comments are made:

Trucks cannot adequately turn in Penny Lane. The loading bay area remains largely unchanged from the endorsed plans. The Transport and Parking Department have reviewed the functional assessment of the loading bay and have confirmed that a Small Rigid Vehicle (SRV) can access the site. All conditions of the permit relating to the loading activity on site will remain on any amended permit that issues. Human Rights Consideration This application has been assessed in accordance with the requirements of the Planning and Environment Act 1987 (including the Stonnington Planning Scheme), reviewed by the State Government and which complies with the Charter of Human Rights and Responsibilities Act 2006. CONCLUSION

Having assessed the application against the relevant planning controls, it is recommended that the proposal be supported for the following reasons:

The intensification of the use will be confined to a reduced building footprint and will not increase detriment on the adjoining properties.

The internal modifications to the room layouts will improve daylight standards above the endorsed plans.

Subject to conditions, the increase in hotel rooms will not adversely impact on the amenity of the area.

ATTACHMENTS

⇨1. PA - 490-16 - 230-234 Toorak Road South Yarra - Attachment 1 of 1 Plans

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RECOMMENDATION

That a Notice of Decision to Grant an Amended Planning Permit No: 490/16 for the land located at 230-234 Toorak Road, South Yarra be issued under the Stonnington Planning Scheme for Use and development of the land as a residential hotel in an Activity Centre Zone and a reduction in the standard car parking and bicycle requirements subject to the following conditions: 1. Prior to the commencement of the use and development, one electronic copy of

plans drawn to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of this permit. The plans must be generally in accordance with the advertised plans (advertised in May 2019) Council date stamped 15 April 2019 but modified to show: a) The layout and elevations consistent with plans tabled and signed at the

VCAT compulsory conference on 27 June 2017 without the prior written consent of the Responsible Authority.

b) Provision of screening to the light courts located on the western wall of the

property at 238 Toorak Road, South Yarra to prevent direct views from the hotel rooms into the habitable room windows.

c) Provision of overlooking prevention measures to the southern elevation of

the building on all levels to Penny Lane properties. d) Any further changes to achieve no additional overshadowing impact at the

equinox to the private open space and the glazed roof at Level 2 of 8 Penny Lane.

e) Provision of a sign at the opening of the loading and unloading area

requiring all vehicles to reverse into the loading bay and must drive in a forward direction into and out of Penny Lane.

f) Appropriate acoustic protection measures to be incorporated to the roof

plant. g) All services, including lift and stair cores, and associated screening must

not exceed a height of 1.5 metres from the finished roof level of the building.

h) Provision of a verandah over the pedestrian along Toorak Road frontage. i) Any changes as required by condition 3 (Waste Management Plan),

condition 4 (Traffic Management Plan), condition 5 (Sustainability Management Plan and Daylight Investigation), condition 7 (Landscape Plan) and condition 9 (Stormwater Runoff).

j) Provision of a digital 3D model of the development site in accordance with

Condition 10. k) Provision of planting along Toorak Road and Penny Lane building facades

of podium levels.


l) Lightcourt setback from the eastern boundary to be dimensioned on plans at 3.2 metres.

m) The metal privacy screen at Level 1 on the eastern boundary to be

reinstated.

n) A detailed external materials and finishes schedule for the front façade and

accompanying annotated elevation to the satisfaction of the Responsible Authority.

o) An additional six (6) bicycle parking spaces for use by staff and visitors

with detailed dimensions noted on plans. p) A patron and staff management plan which details specific actions and

procedures to manage patrons and staff of the hotel and which seeks to limit any adverse impacts on the surrounding properties (ensuring that the access restrictions to the rear of the site are communicated as part of the induction process to all new staff including any contractors (i.e. cleaners, laundry staff etc); establishes a process to receive and remedy complaints; and promotes communication between the hotel operator and the local community and residents, to the satisfaction of the Responsible Authority.

q) Updated plans consistent with the discussion plans and updated

Sustainability Management Plan submitted to Council on 31 May 2019 but modified to further show:

i. Annotate all materials assumptions utilised within the daylight model (for light-court facing level 1 and 2 bedrooms) on architectural plans. For levels 1, 2 and 3, specify a light colour for the party wall to the east of the light court (facing the hotel rooms) with a reflectance value of no less than 60%, as per the daylight modelling report.

ii. Plans must be updated with annotations to reflect the following building fabric commitments:

External walls – Added insulation R-value to be no less than R3

Roofs – Added insulation R-value to be no less than R4

All of the above must be to the satisfaction of the Responsible Authority. Once approved the plans endorsed forms part of this Permit.

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 without the prior written consent of the Responsible Authority.

3. Concurrent with the endorsement of plans, a Waste Management Plan must be

approved by the Responsible Authority. The Waste Management Plan must be generally in accordance with the Waste Management Plan dated 8 June 2016, but amended to include:

a) The provision of a bottle crusher internal to the building. b) The waste collection vehicle must not exceed 6.4 metres in length. c) Waste collection is only permitted between the hours of 9:00am and

3:00pm, Monday to Friday. d) Provision of a sign at the opening of the loading and unloading area

requiring all waste collection vehicles to reverse into the loading bay and must drive in a forward direction into and out of Penny Lane.

e) A side-load waste collection vehicle must be specified in place of a rear-


load vehicle, unless further justification is provided as to why this type of vehicle cannot be used in this development to the satisfaction of 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.

4. Concurrent with the endorsement of any plans, a Traffic Management Plan must

be approved by the Responsible Authority. The Traffic Management Plan must detail the following: a) Delivery is only permitted between the hours of 8:00am – 8:00pm, Monday

to Saturday and 9:00am – 8:00pm, Sunday and Public Holidays. b) Vehicles that access the loading and unloading facility must not exceed the

length of 6.4 metres. c) Provision of a sign at the opening of the loading and unloading area

requiring all vehicles to reverse into the loading bay and must drive in a forward direction into and out of Penny Lane.

When approved, the plan will be endorsed and will then form part of the permit. Loading and unloading in association with the development must be in accordance with the plan, to the satisfaction of the Responsible Authority.

5. Concurrent with the endorsement of any plans, a Sustainable Management Plan

(SMP) and associated Daylight Investigation must be 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 report must be generally in accordance with the advertised plan prepared by Sustainable Development Consultants, Version 4 dated April 2019 and Council date stamped 18 April 2019 and Daylight Modelling Assessment prepared by Arc Resources dated 3 April 2019 and Council date stamped 15 April 2019, but modified to include, but not limited to, the following: a) The BESS Assessment to be finalized in the BESS tool. b) The daylight modelling to be revised to demonstrate a minimum

compliance with one of the following categories: c) SDAPP Daylight Factor target for each room. d) Spatial daylight autonomy of sDA40, 90% of each room area. e) Spatial daylight autonomy of sDA160, 80% of floor area. f) Spatial daylight autonomy of sDA300, 55% of floor area. g) Provision of natural ventilation to all rooms. h) Details of any passive design initiative to reduce energy demand. i) Updated to reflect the Sustainability Management Plan submitted to Council

on 31 May 2019 but further modified as required to ensure consistency with Condition 1.

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.

6. 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.

7. Concurrent with the endorsement of plans, a landscape plan to be prepared by a

landscape architect or suitably qualified or experienced landscape designer, must be 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 show:

a) A planting schedule of all planting on building facades,

including botanical names, common names, pot sizes and quantities of each plant.

8. 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.

9. The applicant must at their cost provide a stormwater detention system to

restrict runoff from the development to no greater than the existing runoff based on a 1 in 10 A.R.I. to the satisfaction of Council’s Infrastructure Unit. Alternatively, in lieu of the stand alone detention system, the owner may provide stormwater collection tanks that are in total 5000 litres greater than those tanks required to satisfy WSUD requirements for the development. Those tanks must be connected to all toilets as well as used for irrigation.

10. Upon submission of plans to be endorsed in association with condition 1, the

Applicant is to provide to Council’s GIS department a digital 3D model of the development site (to specification).

11. Any poles, service pits or other structures/features on the footpath required to

be relocated to facilitate the development must be done so at the cost of the applicant and subject to the relevant authority’s consent.

12. The level of the footpaths and/or laneways must not be lowered or altered in any

way to facilitate access to the site. 13. All utility services to the subject land and buildings approved as part of this

permit must be provided underground to the satisfaction of the Responsible Authority by completion of the development.

14. Prior to occupation, access for persons with disabilities must be provided in

compliance with the Disability Discrimination Act 1992 and such access must be maintained at all times the building is occupied or in use.

15. The use and development allowed by this permit must comply with the directions

and conditions of any statement of environmental audit issued for the land. 16. No patron access is to be permitted via Penny Lane.

17. Staff of the hotel must not access the rear of the site via Penny Lane between the


hours of 9:00pm and 7:00am on any day, unless in the case of an emergency or otherwise with the written consent of the Responsible Authority.

18. Prior to the development commencing a report for the legal point of discharge

must be obtained from Council and a drainage design for the development must be prepared by a suitably qualified Engineer in compliance with Council's report prior to a building permit being issued. The drainage must be constructed in accordance with the Engineer's design.

19. The crossover must be constructed to Council’s Standard Vehicle Crossover

Guidelines unless otherwise approved by the Responsible Authority. Separate consent for crossovers is required from Council’s Building and Local Law Unit.

20. Prior to the occupation of the building/ commencement of use, the walls on the

boundary of the adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.

21. Adequate provision must be made for the storage and collection of wastes and

recyclables within the site prior to the commencement of use or occupation of the building. This area must be appropriately graded, drained and screened from public view to the satisfaction of the Responsible Authority.

22. All plant and equipment (including air-conditioning units) shall be located or

screened so as not to be visible from any of the surrounding footpaths and adjoining properties (including from above) and shall be baffled so as to minimise the emission of unreasonable noise to the environment in accordance with Section 48A of the Environment Protection Act 1970 to the satisfaction of the Responsible Authority.

Transport for Victoria Condition starts 23. The permit holder must take all reasonable steps to ensure that disruption to bus

operation along Toorak Road is kept to a minimum during the construction of the development. Foreseen disruptions to bus operations and mitigation measures must be communicated to Public Transport Victoria eight (8) weeks prior by telephoning 1800 800 007 or [email protected].

Transport Victoria Condition ends 24. This permit will expire if one of the following circumstances applies:

a) The development is not started within two years of the date of this permit. b) The development is not completed within four years of the date of this

permit. c) The use is not commenced within five years of the date of this permit. d) The use is discontinued for a period of two years or more.

In accordance with Section 69 of the Planning and Environment Act 1987, a request may be submitted to the Responsible Authority within the prescribed timeframes for an extension of the periods referred to in this condition.

mailto:[email protected]


2. PLANNING APPLICATION 0406/18 - 151-153A TOORAK ROAD SOUTH YARRA - CONSTRUCTION OF A MIXED USE DEVELOPMENT IN AN ACTIVITY CENTRE ZONE AND

DESIGN AND DEVELOPMENT OVERLAY AND REDUCTION IN CAR PARKING

REQUIREMENT


PURPOSE

For Council to consider a planning application for the construction of a mixed use development in an Activity Centre Zone and Design and Development Overlay, and a reduction in car parking requirement at 151-153A Toorak Road, South Yarra. Executive Summary Applicant: ERM Australia Pty Ltd Ward: North Zone: Acitivity Centre Zone, Schedule 1 Overlay: Design and Development Overley, Schedule 1 Date lodged: 20 April 2018 Statutory days: (as at council meeting date)

51


Building greater than four storeys and seven or more objections

Cultural Heritage Plan No Number of objections: 14 Consultative Meeting: Yes – 28 February 2019 Officer Recommendation: Issue a Notice of Decision to Grant a Planning Permit BACKGROUND The Proposal The plans that form part of the basis of Council's consideration were prepared by Bird de la Coeur Architects and are known as Drawing No.s: TP00 (Rev N), TP10.10 (Rev N), TP11.00 (Rev N), TP11.01 (Rev N), TP11.02 (Rev N), TP11.03 (Rev N), TP20 (Rev N), TP21 (Rev N), TP22 (Rev N), TP23 (Rev N), TP30 (Rev N), TP50 (Rev N) with Council date stamped 17 July 2019. Key features of the proposal are:

Construction of a six storey mixed use development comprising a retail tenancy at ground floor, five levels of offices and roof terrace over a lower ground level car park.

The ground floor level (known as Level 1) comprises one retail tenancy of 321 square metres, an office lobby and entry from Toorak Road.

Levels 2 and 3 contain 354 square metres of office space at each level.

Level 4 comprises 309 square metres of office space and a balcony of 47 square metres along the south boundary with the building setback 4.3 metres to the front (Toorak Road) boundary.


Levels 5 and 6 comprise 297 square metres of office space at each level with the building setback 4 metres to the front (Toorak Road) boundary.

The rooftop level comprises a roof terrace of 201 square metres and service platform. The roof terrace is to be setback 6.4 metres from the Toorak Road boundary, 2.15 metres from the Darling Street boundary, 2.8 from the east boundary and 1.75 metres to the rear boundary.

The lower ground level comprises 14 car parking spaces (including 1 disabled car space and 13 spaces provided in the form of an independent car stacker) and 26 bicycle spaces, with end of trip facilities and bin storage room.

Vehicle access is provided from Darling Street.

The building core is positioned centrally on the east boundary.

The building has an overall height of 22.48 metres to the parapet, 25.22 metres to the stairwell and 26.25 metres to the top of the lift overrun.

A street wall height between 12 metres and 21.68 metres presents respectively to Toorak Road and Darling Street. The upper level is setback 4 metres from Toorak Road and is built to the Darling Street boundary.

The building features a mix of materials including ‘Flexbrick’ cladding, metal cladding, brick snap cladding, rendered paint finishes, and various glazing elements.

Section 57A Amendment

On 17 July 2019, the application was amended to substitute the plans under Section 57A of the Planning and Environment Act 1987, after public notification of the application. The

application originally proposed a nine storey mixed use development comprising retail tenancy, offices and dwellings over a lower ground level car park with a total of 14 car spaces provided. The key changes shown on the amended plans include, but not limiting to, the following:

Deletion of dwelling component.

Deletion of three (3) storeys and consequential reduction in building height.

Increase in the Level 4 setback from Toorak Road to 4.3 metres.

Reconfiguration of the roof terrace, subsequent reduction in the setback from Toorak Road to 6.4 metres, and increase in the setbacks from all other boundaries.

Modifications to the internal layout, built form, external materials, and architectural expression of the proposed development.

Discussion Plans On 30 August 2019, the applicant submitted a revised west and south elevation (Drawing No. TP20 Rev P), a new Flexbrick Façade Diagram (Drawing No. TP24 Rev P), and a revised Sustainability Management Plan (SMP) and Daylight Modelling Report to address the concerns raised by Council’s ESD Officer. These plans and report were not formally substituted under Section 57A of the Planning and Environment Act 1987 and were submitted as ‘discussion plans’. The key changes shown on the discussion plans are:

Changes to the pattern and composition of ‘Flexbrick’ panels and consequential increase in opening area to 55%.

Additional details to the ‘Flexbrick’ façade system.

Consequential change to the SMP and daylight modelling report.


Site and Surrounds The site is located on the northeast corner of Toorak Road and Darling Street, South Yarra. The site has the following significant characteristics:

The subject site comprises two contiguous allotments, known as 151 Toorak Road and 153 and 153A Toorak Road.

The site is largely rectangular in shape, with a frontage to Toorak Road of 14.22 metres, a frontage to Darling Street of 31.11 metres, and a total area of approximately 443 square metres.

The site has a fall of approximately 2.7 metres from the Toorak Road frontage to the rear boundary.

The site is developed with a two storey commercial building, built to Toorak Road and Darling Street boundaries. An open, at grade car park is located at the rear.

Access to the car park is currently via Darling Street.

Darling Street caters for two-way traffic, with on-street parking on both sides of the street.

The subject site is within the South Yarra Precinct of the Prahran/South Yarra Major Activity Centre. It is easily accessible by public transport with tram services on Chapel Street and Toorak Road as well as the South Yarra Railway Station approximately 30 metres to the east. The immediate area is undergoing substantial change and features a mixture of low rise commercial buildings and higher density residential/mixed use buildings along Darling, Murphy, Osborne and Yarra Streets. The site interfaces with adjoining land as follows:

Abutting the site to the east at 155-157 Toorak Road is a three storey commercial building comprising retail tenancies at ground floor with offices above. The building is a C graded heritage building and is built to the front boundary and the common boundary with the subject site. An open, at grade car park is located to the rear of the building and is accessed from Station Street.

To the north, the site has a direct abuttal to a right of way and drainage easement which forms part of the adjoining property to the east at 155-157 Toorak Road.

To the north of the right of way at 2 Darling Street is a four storey commercial building (approximately 13.5 metres in height). It comprises a food and drink premises at ground floor with three levels of office space above.

Land to the west across Darling Street is a two storey commercial building currently occupied by the ANZ bank. Further north of this building at 1-1A Darling Street is a pair of two storey Victorian terrace used as offices.

To the northwest across Darling Street is a Council owned car park providing 52 publically accessible car parking spaces. Further north is a six storey apartment building of 21.1 metres in height.

Land to the south across Toorak Road is a group of two storey heritage buildings, comprising retail shopfronts for various commercial uses at ground floor. On the southeast corner of Toorak Road and Davis Avenue (134-136, 140, 144 & 146 Toorak Road) is a five storey mixed use development (of approximately 19.5 metres in height) comprising retail tenancies, office space, and 11 apartments.


Previous Planning Application(s) A search of Council records indicates the following relevant planning applications pertaining to the subject site: 151 Toorak Road

Planning Permit 1118/95 was issued on 22 December 1995. The permit allowed for extension of parapet and doorway alterations.

Planning Permit 1301/95 was issued on 23 January 1996. The permit allowed for painting of signage and associated works.

Planning Permit 405/96 was issued on 11 June 1996. The permit allowed for use of premises (basement) as a bar/ restaurant with a General Licence (Class 2) liquor licence.

Planning Permit 610/99 was issued on 11 November 1999. The permit allowed for buildings and works to existing tavern at the basement level.

Planning Permit 458/00 was issued on 11 July 2000. The permit allowed for alterations to existing shopfront and signage.

Planning Permit Application 192/02 was refused on 23 August 2002. The application was in relation to the basement and sought alteration to the liquor licence in accordance with Clause 52.27 to extend the hours of operation to 5am on Thursday, Friday and Saturday.

Planning Permit 796/04 was issued on 22 September 2004. The permit allowed for alterations to allow for a new shopfront at ground floor.

153 Toorak Road

Planning Permit 440/99 was issued on 28 September 1999. The permit allowed for signage.

Planning Permit 655/05 was issued on 17 September 2005. The permit allowed for shopfront alterations at ground floor.

The Title The application site is made up of two titles described as follows:

Certificate of Title Volume 05031 Folio 042 / Lot 1 on Title Plan 685801C; and

Certificate of Title Volume 03998 Folio 528 / Lot 1 on Title Plan 420649M. No covenants or easements encumber the land. Planning Controls The following controls/permit triggers are considerations for this application: Zone Clause 37.08 – Activity Centre Zone (Schedule 1)

Pursuant to Clause 37.08-2, land uses are detailed in Schedule 1 to the ACZ (ACZ1). In this case, the proposed use of retail and office is as of right and does not require planning permit. Pursuant to Clause 37.08-5, a permit is required to construct a building or construct or carry out works.


Pursuant to Clause 37.08-6, a schedule to this zone may include requirements relating to various aspects of a development, including setbacks, height, materials, access, landscaping and public realm. A permit may also be granted to construct a building or construct or carry out works which is not in accordance with any design and development requirement in the schedule to this zone unless the schedule to this zone specifies otherwise. The subject site is located within the sub-precinct of Toorak Road West (TRW) in the South Yarra Precinct (Precinct 2) and is designated for Main Street Uses in the Schedule 1 to the ACZ. The Schedule identifies the following preferred built form guidelines applicable to development on the subject site:

Preferred maximum building height of 21 metres (6 storeys).

Preferred maximum street wall height to Toorak Road of 12 metres with a 4 metres setback above the street wall.

Preferred maximum street wall height to Darling Street of 21 metres with different materials and form required above 12 metres, and a 4 metre setback to upper levels beyond street wall (Type 1 interface).

Overlay

Clause 43.02 – Design and Development Overlay (Schedule 1 – Royal Botanic Garden, City of Melbourne) Pursuant to Clause 43.02-2, a permit is required to construct a building or construct or carry out works. This does not apply if a schedule to this overlay specifically states that a permit is not required. Pursuant to Clause 2.0 of Schedule 1 to the Design and Development Overlay (DDO1), a permit is not required for a building or works to be constructed up to 12 metres in height. Based on the design of the proposal, a permit is required to construct a building or construct or carry out works under the DDO1. Particular Provisions

Clause 52.06 – Car Parking

Pursuant to Clause 52.06-2, before a new use commences or the floor area or site area of an existing use is increased, the number of car parking spaces required under Clause 52.06-5 must be provided to the satisfaction of the responsible authority. In accordance with Table 1 – Clause 52.06-5, 3.5 spaces are required to each 100 square metres of leasable floor area for use as shop and 3 spaces are required to each 100 square metres of net floor area for use as office. The development comprises a total of 321 square metres of retail tenancy and 1,611 square metres of office space, creating a statutory requirement of 59 car spaces (48 spaces for offices and 11 spaces for retail tenancy). The development provides a total of 14 car spaces within the lower ground level car park. The proposal does not comply with the statutory car parking requirements of Clause 52.06. Pursuant to Clause 52.06-3, a permit is required to reduce car parking requirements. The subject site is located within the Principal Public Transport Network Area (PPTNA). Clause 52.34 – Bicycle Facilities


Pursuant to Clause 52.34-5, office use is required to provide 1 bicycle space to each 300 square metres of net floor area for employee, and 1 bicycle space to each 1000 square metres of net floor area for visitor. Shop use is required to provide 1 bicycle space to each 600 square metres of leasable floor area for employee, and 1 bicycle space to each 500 square metres of leasable floor area for visitor. The development generates a requirement of 6 bicycle spaces for employee and 2 bicycle spaces for visitor. The proposal provides 26 bicycle spaces at lower ground floor level and end of trip facilities and exceeds the minimum requirements of Clause 52.34 of the Stonnington Planning Scheme. Relevant Planning Policies Clause 11.01 Settlement Clause 11.03 Activity Centres Clause 11.06 Metropolitan Melbourne Clause 15 Built Environment and Heritage Clause 17 Economic Development Clause 18 Transport Clause 19 Infrastructure Clause 21.03 Vision Clause 21.04 Economic Development Clause 21.06 Built Environment and Heritage Clause 21.08 Infrastructure Clause 22.05 Environmentally Sustainable Development Clause 22.18 Stormwater Management (Water Sensitive Urban Design) Policy Advertising The application has been advertised pursuant to Section 52 of the Planning and Environment Act 1987 by sending notices to the owners and occupiers of adjoining land and by placing three (3) signs on the site. The public notification of the application has been completed satisfactorily. The site is located in North Ward and objections from 13 different properties have been received to the original proposal. The objections are summarised as follows:

Excessive height and massing.

Insufficient upper level setback from Toorak Road.

Visual bulk.

Building design and setbacks are out of character with the nearby heritage buildings, the heritage streetscape of Toorak Road, and the surrounding area.

Non-compliance with the DDO1 controls.

Overshadowing to Toorak Road and Darling Street and impact to streetscape amenity.

Overlooking to adjoining properties.

Loss of view and amenity impact to the apartment building across Toorak Road.

No provision of a ground floor public open space or communal open space.

Increase of traffic.

Insufficient on-site parking.

No provision of sustainable transport or bicycle parking.

Noise and traffic impact during construction period.

Infrastructure already at capacity.

Set a precedent in the area.


A Consultative Meeting was held on 28 February 2019. The meeting was attended by Councillors Koce and Chandler, representatives of the applicant, objectors and a Council planning officer. The meeting resulted in lodgement of an amended proposal. On 17 July 2019, the plans were formally substituted under Section 57A of the Planning and Environment Act 1987. The key changes shown on the amended plans include, but not

limiting to, the following:

Deletion of dwelling component.

Deletion of three (3) storeys and consequential reduction in building height.

Increase in the Level 4 setback from Toorak Road to 4.3 metres.

Reconfiguration of the roof terrace, subsequent reduction in the setback from Toorak Road to 6.4 metres, and increase in the setbacks from all other boundaries.

Modifications to internal layout, built form, external materials, and architectural expression of the proposed development.

The amended application was readvertised by sending notices to the owners and occupiers of adjoining land and all previous objectors, and by placing three (3) signs on the site. The re-notification of the application has been completed satisfactorily. Three (3) objections were received to the amended application. Amongst the objections received, two objections are further objections from the previous objectors, therefore only one additional objection was received. The total number of objections from different properties for this application is 14. Referrals Urban Designer (comments based on readvertised plans)

Council Officers have had a series of meetings with the Applicant’s Architects in order to refine the form, scale and design character of the building. The revised design character has addressed the previous concerns and is supported.

The proposed cladding has been revised from that originally proposed. The ‘Flexbrick’ is proposed to be arranged to form a series of vertical panels; and this is a reference to the vertical ordering of the architecture of the Victorian-era streetscape.

The ‘base’ of the building is proposed to be clad in ‘Flexbrick’ tiles with a ‘terra-cotta’ colour; relating to the colour of the Old Post office on the opposite side of Toorak Road.

As now proposed, the resulting design character of the building will present a sympathetic infill within the Toorak Road streetscape and is acceptable.

Planner response: The revised proposal has satisfactorily addressed the previous urban design comments and is supported. City Strategy (comments based on readvertised plans)

Strategic Planning has no objection to this application apart from not meeting the building adaptability requirement.

Infrastructure (comments based on the original advertised plans)

No objection to the proposal subject to standard permit conditions. Planner response: Conditions will be imposed in the permit as per the referral response.


Waste Management (based on the readvertised plans)

The development may eventuate as six rateable commercial tenements.

While the Waste Management Plan that accompanied this proposal does not accurately reflect the latest iteration of the development, it responded well to the waste challenges presented in the plans.

Planner response: A revised Waste Management Plan that accurately reflects the amended proposal will be required by way of permit conditions. Transport and Parking (comments based on the readvertised plans)

The overall number of car parking spaces required for the proposal is 59 (11 for shop and 48 for offices). The development represents a shortfall of 45 spaces. Allocation of parking spaces for each use needs to be clarified.

There is a shortfall of up to 44 parking spaces for office use. Office use is most readily adaptable to other modes of transport. The shortfall can be accepted due to close proximity to bus, tram and train services.

No visitor parking for commercial uses is reasonable based on the location within an activity centre.

The development is unlikely to create a significant impact on the surrounding road network based on the proposed traffic generation.

Design of the disabled space, headroom clearance, visibility splays, internal ramp and ramp gradients are considered satisfactory.

Mechanical equipment should be used to transport bins via a graded ramp.

The plans show a 3 level car shuffle stacker which accommodates 13 cars. Details of the car stacker including manufacturer specification and operation of the system are required.

A new crossing of 3.3m in width is to be constructed off Darling Street as per the Council requirements.

Relocation of the parking signs on Darling Street may impact the number of on-street parking spaces.

The overall number of bicycle parking spaces required for the proposal is 8 (6 for office staff and 2 for visitors). The development represents a surplus of 18 spaces. Design details of bicycle parking are required.

A splay of 1m by 1m should be provided at the corner of Toorak Road and Darling Street to assist with lines of sight for vehicles and pedestrians approaching the intersection.

Planner response: Amended plans will be required by way of permit conditions to address the design issues of the car parking layout and vehicle access. In response to the concern on the impact to the on-street parking on Darling Street, currently, there are two on-street parking spaces along the Darling Street frontage. The relocation of vehicle crossover will not result in any net loss of on-street parking on Darling Street in front of the property. The issue of splay will be discussed in detail below. ESD Officer (comments based on both readvertised plans and discussion plans)

The proposed development could provide an acceptable outcome from an environmentally sustainable design (ESD) perspective provided that details in the report and on plans are consistent.


The previous concerns regarding daylight access and modelling methodology for the Flexbrick façade has been satisfactorily addressed in the discussion plans and the latest Sustainability Management Plan (SMP) with Council date stamped 30 September 2019.

Planner response: Conditions will be imposed in any permit to issue to formally substitute the discussion plans and the latest SMP. Additional details on plans will be addressed by way of permit conditions. KEY ISSUES

Strategic Justification The purpose of the Activity Centre Zone seeks to encourage a mixture of uses and as a focus for business, shopping, working, housing, leisure, transport and community facilities. The site is located in the South Yarra Precinct, an area highlighted at both State and Local policy level as a place to concentrate retail, office-based employment, community facilities and services in central locations. Strategies call for commercial facilities to be aggregated and to provide net community benefit in relation to their viability, accessibility and efficient use of infrastructure. Specific precinct objectives seek, amongst other things, to support Toorak Road as a distinctive shopping, boutique commercial, employment, tourism and living precinct; the local neighbourhood role and built form response of Toorak Road, west of the railway line; and the activation of retail and commercial activity in side streets. The proposal seeks to provide a mixed use commercial development on a site in a location well placed to benefit from the services and infrastructure. More specifically, the site is located within an area characterised by various commercial uses and is easily accessible to public transport options. Essentially it is well placed to accommodate a commercial development which makes more efficient use of the land and existing infrastructure by improving employment choices and services for the local community. This is consistent with the aspirations of the Activity Centre Zone, Schedule 1 (ACZ1) and the policy direction at Clause 17 (Economic Development) and Clause 21.04 (Economic Development). Overall, the subject site has strategic support for higher scale development of a commercial nature on a corner site. The proposed land uses are as-of-right within the ACZ and are considered to be compatible with nearby mixed use developments in the vicinity. Schedule 1 to the ACZ provides a number of Design and Development Requirements and Guidelines which give clear guidance on the preferred use and development outcomes sought for the site. An assessment of the relevant requirements is provided below. Activity Centre Zone Building Height The proposed building contains 6 storeys at the Toorak Road (southern) end and 7 storeys at the northern end. It has a height of 22.46 metres to the parapet and an overall building height of 26.25 metres to the top of the lift overrun. This exceeds the preferred maximum building height of 21 metres (6 storey) as specified in the ACZ1. The proposal has been designed to largely conform with the preferred maximum building height as specified in the ACZ1 controls, with the exception of the northern end of the building and the building core.


Notably, the southern end of the building of 6 storey with an overall height of 21 metres to the balustrades of the rooftop terrace fully comply with the preferred maximum building height within the ACZ1. Despite being higher than the preferred maximum, the northern end of the building only marginally exceeds the limit by 1.46 metres due to the fall of the land. The majority of non-compliance occurs to the building core which contains stairwell and lift overrun. In this regard, the building core has been placed centrally along the east boundary and substantially recessed from the frontages of Toorak Road and Darling Street. The building core will be largely concealed by the building itself from oblique views on the opposite side of Toorak Road and Darling Street. Whilst long range views of the building core from the east are possible due to the low rise buildings to the east, this view would be short term. The neighbouring properties to the east in this precinct (up to Yarra Street) could reasonably expect to be redeveloped to a commensurate height of 21 metres in accordance with the ACZ1 controls in the future, hence tempering the visibility of the building core. However, the screen to the rooftop service platform of 3 metres in height is considered excessive for a development of this type and scale. A condition will be imposed in any permit to issue requiring the screen height to be lowered to a maximum of 2 metres. On balance, the proposal will provide a comfortable and gradual transition to the adjoining building to the north and the heritage buildings to the east. The building will sit comfortably within the Toorak Road and Darling Street streetscapes and the wider South Yarra Precinct of the activity centre. The building height to allow for the building core will not result in unreasonable visual bulk and visual impact to the existing streetscapes. The building height as proposed is considered acceptable in this site and local context. Built Form The ACZ1 specifies a preferred maximum street wall height to Toorak Road of 12 metres with a 4 metre setback above the street wall. It also specifies a preferred maximum street wall height to Darling Street of 21 metres with different materials and form required above 12 metres, and a 4 metre setback to upper levels beyond street wall. The development exhibits a 12 metre high street wall and recessed upper levels with a 4 metre setback from the Toorak Road frontage. A street wall varying from 12 metres to 21.68 metres is proposed to Darling Street. This design response largely complies with the setback requirements within the ACZ1, except with a minor variation of 680mm in the street wall to Darling Street. The proposed building is of a high architectural quality and articulated with recessed upper levels. The design of the building has been broken down into two distinctive forms (podium and upper levels) through the use of fenestration and various architectural elements, setbacks, building materials, colours and finishes. This breaks up the built form and provides more visual interest so that the building does not read as one large heavy mass within the streets. It is noted that the site is not affected by a Heritage Overlay. However, the Toorak Road heritage precinct (HO150) is located to the east and along the southern side of Toorak Road, opposite the subject site. The proposed six storey building (as presented to Toorak Road streetscape) has been designed to conform with the development framework within the ACZ1, which envisions higher built form and more intensive development, without compromising the heritage significance of the Toorak Road heritage precinct. The architecture of the building features a dual-skin façade, which comprises an inner skin of clear glazing and an outer skin of ‘Flexbrick’ façade system.


The design is considered acceptable and sympathetic to the Toorak Road streetscape from both urban design and heritage perspectives. The development will provide a suitable contrast with and complement the adjoining heritage buildings without mimicking the significant fabric of the heritage buildings. The ‘Flexbrick’ façade system acknowledges and reflects the predominant vertical ordering of the architecture of the Victorian-era streetscape. The terracotta colour of ‘Flexbrick’ relates to the colour of the Old Post office on the opposite side of Toorak Road. The form, scale and upper level setbacks of the proposed building respect and relate well to the adjacent properties and the vertically ordered, fine grained character of the Victorian-era streetscape of the Toorak Road heritage precinct. The proposal will present a sympathetic infill within the Toorak Road and Darling Street streetscapes. The building is proposed to be built to the north and east boundaries. Building to side and rear boundaries with high solid walls is not uncommon in this precinct. Directly to the north is a right of way and a commercial building with a 13.5 metre high solid boundary wall (with no existing windows). To the east, the development interfaces with a three storey commercial building with a solid boundary wall to a height of 16.5 metres and an open, at grade car park at the rear. Given the site constraints, it is anticipated that the four adjoining lots to the east would be redeveloped as a consolidated site in the future. On balance, the design response is considered acceptable and will not impinge the equitable development opportunity of adjoining properties to the east and north. The interface requirements in the ACZ1 seek to provide appropriate separation between buildings to ensure, amongst other things, outlook, privacy, ventilation, daylight and solar access. As the adjoining properties to the north and east are commercial buildings with no existing windows or secluded private open spaces oriented to the subject site, there is no concern of overlooking, overshadowing or off-site amenity impacts. Above the street wall, the rooftop terrace with a setback of 2.15 metres from the Darling Street boundary protrudes into the ACZ1 setback requirements by 1.85 metres. The western edge of rooftop terrace will be erected with clear glass balustrades and raised planter boxes. The extent of encroachment of rooftop terrace within the Darling Street setback is considered minor. It will not pose unreasonable visual bulk or have an overbearing presence to the street. On this basis, it is considered that the proposal has appropriately responded to the significance of the heritage precinct, whilst also conforming with the built form outcome envisaged within this part of the activity centre and achieving both State and local policy objectives for urban consolidation. Building Adaptability The ACZ1 includes building adaptability requirements and guidelines. It requires a minimum 4m floor to floor height for the ground level and 3.8m for the first and second floor of a building. The minimum floor to floor clearance at lower building levels is intended to provide flexibility and adaptable internal layouts for a mix of commercial uses and easy conversion between different uses, as the needs of the community and economy change. The proposal does not strictly accord with the preferred floor to floor heights as it provides a floor to floor height of 4m to the ground level and 3.3m to the first and second floor (Levels 2 and 3) of the building. However given the proposed use of the entire building is commercial, the potential adaptability for alternative commercial uses to that proposed is considered acceptable.


Public Realm Interface Guidelines

The Public Realm Interface Guidelines in the ACZ1 controls encourage ground floor façades to have a continuous active frontage incorporating clear glazing. The guidelines also seek to conceal services from public view and locate entrances, doorways, awnings and fenestration to provide a sense of passive surveillance. The proposal will replace an existing building that makes little contribution to the public realm. The replacement building exhibits a high architectural quality, with commercial use at the ground floor to activate the street. The primary building entrance is provided directly from Toorak Road, which is a main street with a higher order of road category, with the majority of services located at the rear accessed from Darling Street. The ground floor retail tenancy featuring large façades of clear glazing and openable windows to both Toorak Road and Darling Street provides for a strong commercial presence and good activation to the public realm. Entry to the car park positioned toward the rear end of the property has maximised the opportunity to activate the main frontages around the corner of Toorak Road and Darling Street. This design adequately responds to the precinct objective of the South Yarra Precinct within which seeks to support the activation of retail and commercial activity in side streets. The building façade at the ground floor level has also been recessed to provide a splay at the southeast corner to improve pedestrian visibility and amenity and to engage passing pedestrian traffic. A canopy is proposed to wrap around the Toorak Road frontage and the southern end of the Darling Street boundary to provide pedestrian weather protection. This further enhances the public realm and improve pedestrian and streetscape amenity. The offices above have been designed with fenestration and glazing. Along with balcony at Level 4 and rooftop terrace, this design initiative facilitates passive surveillance of the public realm from upper levels to both Toorak Road and Darling Street. Car parking area and bin storage are concealed from views from the public realm. Coupled with the scale and height of the building, rooftop service platform being positioned toward the rear northeast corner of the development will not be readily visible from the streets and will minimise its visual impact to the streetscape. Notwithstanding this, the bicycle entry being recessed 2 metres from the Darling Street frontage will create an unsafe, dead, and hidden space, which potentially would lead to congregation or be used for smoking in the future, and this is an undesirable urban design outcome. A condition will be imposed in any permit issued requiring the entry door to be recessed no more than 1 metres from the Darling Street frontage. Overall, the proposal complies with the public realm interface guidelines in the ACZ1 and will provide an active and satisfactory interface to the public realm. Environmentally Sustainable Design (ESD) Guidelines

A revised Sustainability Management Plan (SMP) and Daylight Modelling Report have been submitted for discussion purpose in an attempt to address the concerns identified by Council’s ESD Officer. It is noted that the revised SMP and daylight modelling report have addressed most of the identified issues, particularly daylight access. The reports demonstrate that the building has been designed to meet the objectives of the ESD Policy at Clause 22.05 and the Stormwater Management (WSUD) Policy at Clauses 22.18 and 53.18, and Council’s best practice standards in the SDAPP policy.


The BESS report accompanied in the revised SMP demonstrates that the development has achieved a BESS score of 53%, with pass marks provided for each of the four mandatory categories (Water, Energy, Stormwater and IEQ) in BESS. The STORM rating report demonstrates that the development has met the best practice and achieves a STORM rating of 116% (above the minimum 100%) through the provision of a 10,000 litre rainwater tank. The revised daylight modelling report demonstrates that 77.4% of the floor area within the development will achieve a daylight factor of at least 2.0%, in which well exceeds the best practice of minimum 30%. The proposed commercial building has been well designed with appropriate window openings to allow for ventilation, daylight access and outlook providing good levels of on-site and internal amenity to future occupiers of the retail and office tenancies. The dual-skin façade comprising an inner skin of clear glazing and an outer skin of ‘Flexbrick’ façade system will allow for adequate daylight penetration into the upper level offices, whilst also acting as some form of shading to the western façade of the building to provide better thermal comfort and internal amenity. Subject to appropriate permit conditions, the proposed development includes features designed to achieve best practice for sustainable design, particularly in terms of Indoor Environment Quality (IEQ), daylight access, natural ventilation, shading and stormwater management, and achieves an acceptable ESD outcome. Open Space and Landscaping Requirement

The requirement seeks to provide generously sized, accessible, useable and well-designed communal open space areas in developments with more than 1,000 square metres of office. This development incorporates a communal rooftop terrace which will add to the on-site amenity of the commercial building and meet the open space requirement. Amenity Impacts Overshadowing

The ACZ1 overshadowing requirements specify that buildings and works should not cast shadows over footpaths along south side of Toorak Road between 10.00am and 3.00pm at the September Equinox. The shadow diagrams submitted indicate that the proposed development will not cast shadows over the footpath on the southern side of Toorak Road, between 10.00am and 3.00pm on 22 September. The overshadowing requirements stipulated in the ACZ1 therefore are met. Overlooking It is important to note that as this application is for a commercial development, the higher density residential standards such as Clause 58 do not apply. The subject site interfaces with commercial buildings to the north, east and west. There are no existing habitable room windows and balconies within 9 metres of the proposed development. As such, the proposal will not give rise to any overlooking issue. Design and Development Overlay Schedule 1 to the Design and Development Overlay (DDO1) relates to the Royal Botanic Gardens. It seeks to preserve the landscape qualities and amenity of the Royal Botanic Gardens and to foster vegetation growth in the Gardens; to ensure that the enjoyment of the Royal Botanic Gardens is not diminished by overshadowing or visual intrusion from any new buildings or works; and to minimise detrimental wind impacts on the Royal Botanic Gardens.


Despite being affected by the Overlay, the subject site is located at the far south-eastern edge of the Overlay area, approximately 850 metres from the Royal Botanic Gardens. The proposed building of 6 to 7 storeys aligns with the built form outcome expected in this section of Toorak Road. The building height is not excessive and does not protrude extensively above other existing tall buildings or buildings of commensurate height in this precinct. Given to the distance between the subject site and the Royal Botanic Gardens and the topography across the Overlay area, the proposed development will be obscured by other existing taller buildings and future buildings of commensurate height within the precinct and thus will not be visible from the Royal Botanic Gardens. Equally, as the proposed development is not located in proximity of the Royal Botanic Gardens, it will not cause any air turbulence or overshadowing to the Gardens. Along with no objection received from the Director of the Royal Botanic Gardens, it is satisfied that the proposed development will not be visually intrusive and create adverse impact to the Gardens. Car Parking and Traffic Reduction in the Car Parking Requirement

The site is located within a Major Activity Centre and is located within proximity to the South Yarra Train Station and trams on Toorak Road and Chapel Street, therefore there is strong justification to reduce the on-site parking provision. Traffic within the South Yarra Precinct is becoming more difficult and it is a broadly accepted theory that a reduction in the availability of car parking encourages a shift to alternate modes of transport. All parking on site is proposed to be set aside for staff use for the retail tenancy and offices. Office use is typically the easiest of all uses to mode shift away from private car use. Furthermore, existing restrictions in the surrounding area typically operate during the day, making driving to the site less attractive if there is no allocated car park. It is further considered that customers of the retail tenancy will likely visit the area for multi-purpose reasons and include such people as staff employed within the offices, residents, visitors and employees of nearby commercial premises. The Chapel Street Activity Centre is well known for high traffic volumes and car parking challenges. The reduced car parking provision will also help to minimise the impact of the development on the functioning of the local street network, which has been raised as a concern by objectors. Council’s Transport and Parking Unit has confirmed that traffic generated by the development is not be expected to compromise the function, operation or safety of the surrounding road network. The subject site benefits from being well serviced by public transport, near bicycle routes, and the surrounding on-street parking is restricted to ensure that car parking caters to short term visitors of the wider activity centre. Given the need to shift to alternate transport modes and move people away from utilising a private car to access their place of employment when located in an activity centre, the reduction in parking can be supported in this instance. However, it has been recommended that some car parking be allocated to the retail use at the ground floor level. This will be required by way of condition. Car Parking Layout and Design

In terms of compliance with the design standards of Clause 52.06-9, there are no fundamental concerns with the lower ground level car park. However, minor changes and further details on the plans will be required by way of permit conditions to ensure the ramp width, ramp conflict, headroom clearance, gradients for drainage, and bicycle parking, are adequate and in accordance with the relevant Standards. Overall, subject to permit conditions, the design of the car park is considered satisfactory.


Splay

Council’s Transport and Parking Unit requires the splay at the southwest corner of the development to be altered from 1m by 0.76m to 1m by 1m in order to assist with lines of sight for vehicles and pedestrians approaching the intersection. Whilst it is the preference of Council’s Transport and Parking Unit to require the splay to be increased to 1m, the provision of splay is not a requirement in the planning scheme. The shortfall of 240mm is considered indiscernible. Coupled with the clear glazing of the shopfront at this corner and the wide footpaths on both Toorak Road and Darling Street, the reduced splay will still be sufficient to provide all users with clear lines of sight to any hazards. Bicycle Provision

The number of bicycle spaces proposed well exceeds the statutory rate and good end of trip facilities are provided. This will encourage staff to use this sustainable mode of personal transport. The location of the bicycle storage within the lower ground level is considered convenient as it can be accessed via a lift, and it is also safe and secure. Objections In response to the grounds of objection not already discussed in the report, the following comments are made:

Loss of view and amenity impact to the apartment building across Toorak Road The circumstances in which and the extent to which loss of view can be taken into account when assessing planning permit applications has been set out in case law. It is important to note that there is a difference between loss of ‘view’ and loss of ‘outlook’. In this case, the subject site and all neighbouring properties are located within an activity centre and are zoned Activity Centre Zone, which has one of the highest hierarchies for designated growth. In no doubt that redeveloping an underdeveloped site with a medium rise building in this site context will change the view from the neighbouring properties or may result in some loss of view. However, it is impossible that any view, particularly city view, cannot be protected from development in such inner urban context. As such, it is considered that this ground of objection does not stand. In terms of assessing amenity impacts such as overlooking and overshadowing, the planning scheme only requires consideration of existing habitable room windows and secluded private open spaces of residential properties within 9 metres of the development. Given the substantial distance between the subject site and the apartment building across Toorak Road, the development will not result in any off-site amenity impacts.

No provision of a ground floor public open space or communal open space There is no requirement for provision of a ground floor public open space for the subject site or this type of the application in the planning scheme. The development provides with a communal open space in the form of rooftop terrace, which meets the requirements in the ACZ1.

Noise and traffic impact during construction period


Noise and local traffic during construction is enforced under Council’s Local Laws. This issue is outside the scope of the planning scheme and is not a consideration for planning applications.

Set a precedent in the area

Every planning permit application is assessed on its own planning merit. The ground of setting a precedent in the area has been widely considered and dismissed in many VCAT decisions.

Human Rights Consideration This application has been assessed in accordance with the requirements of the Planning and Environment Act 1987 (including the Stonnington Planning Scheme), reviewed by the State Government and which complies with the Charter of Human Rights and Responsibilities Act 2006.

ATTACHMENTS

⇨1. PA - 406-18 - 151-153A Toorak Road South Yarra - Attachment 1 of 1 Plans

RECOMMENDATION

That a Notice of Decision to Grant a Planning Permit No: 406/18 for the land located at 151-153A Toorak Road, South Yarra be issued under the Stonnington Planning Scheme for construction of a mixed use development in an Activity Centre Zone and Design and Development Overlay, and a reduction in car parking requirement subject to the following conditions: 1. Before the commencement of the development, 1 copy 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 plans, Drawing No.s: TP00 (Rev N), TP10.10 (Rev N), TP11.00 (Rev N), TP11.01 (Rev N), TP11.02 (Rev N), TP11.03 (Rev N), TP20 (Rev N), TP21 (Rev N), TP22 (Rev N), TP23 (Rev N), TP30 (Rev N), TP50 (Rev N), prepared by Bird de la Coeur Architects with Council date stamped 17 July 2019, but modified to show: a) Changes as shown on the discussion plans, Drawing No. TP20 (Rev P) and

TP24 (Rev P) with Council date stamped 30 August 2019. The specific changes include, but not limiting to, the following:

i. Changes to the pattern and composition of ‘Flexbrick’ panels and consequential increase in opening area to 55%.

b) Lowering the screens of the rooftop service platform to no higher than 2 metres.

c) Material of the screens of the rooftop service platform to be notated on plans.

d) The bicycle entry door to be recessed no more than 1 metre from the Darling Street boundary.

e) Notation confirming that toilets servicing all offices are to be connected to the rainwater tank.

f) Car parking allocation to each of the use to be noted on the plans. g) A minimum 2 car parking spaces to be allocated to ground floor retail

tenancy.



h) Width of internal ramp. i) Headroom clearance along the internal ramp. j) Aisle width in front of the disabled space. k) Aisle width in front of the car stacker unit. l) The dimensions of usable platform of the car stacker unit to comply with

Design Standard 2 of Clause 52.06-9 unless otherwise approved by the Responsible Authority.

m) Manufacturers specification of the car stacker system including the actual platform length, width, headroom clearance and details of operation of the system.

n) Annotation specifying the model of the car stacker system. o) Headroom clearance within the car stacker unit to be shown on the plans. p) A minimum gradient of 1 in 200 (0.5%) for covered parking areas to allow

for adequate drainage as per AS 2890.1. q) Design details and dimensions of bicycle parking facilities (including rack

spacing) in accordance with the Australian Standards. r) Distance between the north boundary and the proposed vehicle crossover. s) Crossover splays in accordance with Council’s Vehicle Policy unless

otherwise approved by the Responsible Authority. t) Annotation specifying that the existing crossover is to be removed and

reinstated in accordance with Council’s requirements. u) Annotation specifying that lighting within the offices is to be on a timer or

sensor so that the internal lights are switched off when the offices are not in use.

v) Any change as required by Conditions 3 (SMP), 5 (Water Sensitive Urban Design Response), 7 (WMP), and 8 (Landscape Plan).

All to the satisfaction of the Responsible Authority.

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, without the prior written consent of the Responsible Authority.

3. Concurrent with the endorsement of any plans pursuant to Condition 1, a

Sustainability 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 be generally in accordance with the Sustainability Management Plan (Revision G) prepared by Ark Resources with Council date stamped 12 July 2019, but modified as follows: a) Reflect the changes as shown on the Sustainability Management Plan

(Revision I) prepared by Ark Resources with Council date stamped 30 August 2019.

b) Inclusion of the JV3 Simulation Report (Revision B) prepared by Ark Resources with Council date stamped 30 August 2019 as an attachment.

c) Reflect any changes as required by Condition 1. All to the satisfaction of the Responsible Authority.


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.

4. Prior to the occupation of the development approved under this permit, a report from the author of the Sustainable 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 SMP have been implemented in accordance with the approved plan.

5. Concurrent with the endorsement of plans, the applicant must provide a Water Sensitive Urban Design Response (WSUD) addressing the Application Requirements of the Stormwater Management (Water Sensitive Urban Design) Policy to the satisfaction of the Responsible Authority. All proposed treatments included within the Water Sensitive Urban Design Response must also be indicated on the plans. When approved, the WSUD Response will be endorsed and will then form part of the permit. The WSUD Response must be generally in accordance with the WSUD Response (Revision G) prepared by Ark Resources with Council date stamped 12 July 2019, but modified to show:

a) Any changes as required by Condition 1. All to the satisfaction of the Responsible Authority.

6. The project must incorporate the Water Sensitive Urban Design initiatives detailed in the endorsed site plan and/or stormwater management report.

7. Concurrent with the endorsement of any plans, a Waste Management Plan (WMP) must be submitted to and approved by the Responsible Authority. The WMP must be generally in accordance with the Waste Management Plan prepared by Leigh Design Pty Ltd with Council date stamped 12 July 2019, but modified to: a) Reflect the design layout as shown on the amended plans required by

Condition 1. b) Show provision of mechanical equipment to transport large commercial bin

via a graded ramp. All to the satisfaction of 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 endorsed WMP, to the satisfaction of the Responsible Authority.

8. Concurrent with the endorsement of plans, 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. The landscape plan must show:


a) A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, species if they are native or exotic, pot sizes, sizes at maturity, and quantities of each plant.

b) Landscaping and planting within all open areas of the site. c) Details of planter boxes. d) Details of all proposed hard surface materials including pathways, patio or

decked areas. e) Details of irrigation systems. All to the satisfaction of the Responsible Authority.

9. 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.

10. Concurrent with the endorsement of plans, the applicant must provide a digital 3D model of the development hereby approved in accordance with the specifications of Council’s GIS Unit, to the satisfaction of the Responsible Authority.

11. Lighting within the offices is to be on a timer or sensor so that the internal lights are switched off when the offices are not in use so as to minimise the spill of light beyond the office building to the satisfaction of the Responsible Authority.

12. The level of the footpaths must not be lowered or altered in any way to facilitate access to the site to the satisfaction of the Responsible Authority.

13. Prior to a building permit being issued, a report for the legal point of discharge must be obtained from Council and a drainage design for the development must be prepared by a suitably qualified Engineer in accordance with all ‘recommendations’ and requirements contained in that report. All drainage must be by means of a gravity based system with the exception of runoff from any basement ramp and agricultural drains which may be pumped. The relevant building surveyor must check and approve the drainage design and ensure that protection of the building is provided from a 1 in 100 A.R.I. rainfall event as required by the Building Regulations.

14. Prior to an ‘Occupancy Permit’ being issued, a suitably qualified Engineer must carry out a detailed inspection of the completed stormwater drainage system and associated works including all water storage tanks and detention (if applicable) to ensure that all works has been constructed in accordance with the approved design and the relevant planning permit conditions. Certification of the completed drainage from the Engineer must be provided to Council prior to a ‘Statement of Compliance’ being issued for the subdivision.

15. Prior to the commencement of the development hereby approved, the permit holder must obtain approval from the Responsible Authority to construct or modify any vehicle crossover/s providing access to the subject site.

16. Prior to the occupation of the building, all redundant vehicular crossing must be

removed and the footpath and kerb reinstated at the permit holder’s cost to the approval and satisfaction of the Responsible Authority.


17. Prior to occupation, access for persons with disabilities must be provided in compliance with the Disability Discrimination Act 1992 and such access must be maintained at all times the building is occupied or in use.

18. Prior to the occupation of the building, the walls on the boundary of the adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.

19. Any poles, service pits or other structures/features on the footpath required to be relocated to facilitate the development, including construction of vehicle crossover, must be done so at the cost of the applicant and subject to the relevant authority’s consent.

20. All utility services to the subject land and buildings approved as part of this permit must be provided underground to the satisfaction of the Responsible Authority by completion of the development.

21. All plant and equipment (including air-conditioning units) shall be located or screened so as to minimise visibility from any of the surrounding footpaths and from overhead views and shall be baffled so as to minimise the emission of unreasonable noise to the environment in accordance with Section 48A of the Environment Protection Act 1970 to the satisfaction of the Responsible Authority. Ventilation systems must be designed and installed in accordance with the relevant Australian Standards.

22. The emission of noise or any other emission to the environment derived from activities on the site must conform to standards contained in the appropriate State Environment Protection Policy or Policies.

23. External lighting must be designed, baffled and located so as to prevent any adverse effect on adjoining land to the satisfaction of the Responsible Authority.

24. The collection of wastes and recyclables from the premises (other than normal Stonnington City Council collection) must be in accordance with Council's General Local Laws.

25. All loading and unloading of goods must be undertaken in accordance with Council’s Local Laws.

26. This permit will expire if one of the following circumstances applies: (a) The development is not started within two years of the date of this permit. (b) The development is not completed within four years of the date of this

permit.


NOTES: A. This permit does not constitute any authority to carry out any building works or

occupy the building or part of the building unless all relevant building permits are obtained.


B. This permit is for the use of the land and/or buildings and does not constitute any authority to conduct a business requiring Health Act/Food Act registration without prior approval from the Councils Health Services.

C. Nothing in the permit hereby issued may be construed to allow the removal of, damage to or pruning of any street tree without the further written consent of the Stonnington City Council. Contact the Council Arborists on 8290 1333 for further information.

D. Unless a permit is not required under the Stonnington Planning Scheme, signs must not be constructed or displayed without a further planning permit.

E. This permit does not give any authority to occupy the footpath for trading without prior approval from Council's Local Laws department. A permit must be obtained for footpath trading and it must accord with the relevant Footpath Trading Code.

F. At the permit issue date, Section 69 of the Planning and Environment Act 1987 stated that the Responsible Authority may extend the periods referred to if a request is made in writing within the following timeframes:

i. Before or within 6 months after the permit expiry date, where the

development allowed by the permit has not yet started; and ii. Within 12 months after the permit expiry date, where the development

allowed by the permit has lawfully started before the permit expires.


3. PLANNING APPLICATION 1049/18 - 35-37 KENSINGTON ROAD, SOUTH YARRA –

CONSTRUCTION OF 5, THREE STOREY ATTACHED TOWNHOUSES OVER A BASEMENT

CAR PARK


PURPOSE For Council to consider a planning application for the construction of a multi-unit development in a General Residential Zone and a reduction in the car parking requirements at 35-37 Kensington Road, South Yarra. Executive Summary Applicant: Buildwise Projects

Ward: North Zone: General Residential Zone, Schedule 9 Overlay: None Neighbourhood Precinct: Garden River Date lodged: 12 October 2018 Statutory days: (as at council meeting date)

75


More than 7 objections

Number of objections: Ten (10) Consultative Meeting: Yes – held on 31 January 2019 Officer Recommendation: Issue a Notice of Decision to Grant a Planning Permit BACKGROUND

The Proposal The plans that form part of the basis of Council's consideration were prepared by Chester Architects and are known as Drawing No’s: TP01 – TP11 Rev A and Council date stamped 9

July 2019. This application was amended following the consultative meeting held on 31 January 2019. The revised plans were formally amended on 17 July 2019 to show the following changes:

Relocation of Unit 4 closer to the northern boundary to ensure the retention of the significant Lilly Pilly tree on the southern boundary.

This has resulted in a subsequent increase in the basement setback from the southern boundary, resulting in the reduction of one (1) car space from within the basement garage.

Rear setback (west) reduced from 4.29 metres to 1.735 metres.

A total 9 car parking spaces have been proposed under the revised scheme. These plans were re-advertised and no new objections were received.


Key features of the proposal are:

Removal of all existing buildings from the site (no permit required).

Construction of five (5), three storey attached townhouses over a basement car park.

The basement provides nine (9) car parking spaces accessed via Kensington Road.

The existing crossover is to be widened to 5.0 metres to allow for two vehicles to pass each other as they enter and exit the basement.

The townhouses will have an overall height of 11.15 metres above natural ground level, a minimum garden area of 41 per cent, site coverage of 52 per cent and a total site permeability of 23.9 per cent.

All dwellings will be accessed via a common entry running along the south boundary off Kensington Road.

The new buildings will be finished in a render and timber finish with black roof tiles.

A new masonry rendered 1.7 metre high front fence is proposed to Kensington Road. Site and Surrounds The site is located on the western side of Kensington Road, approximately 300 metres north of the intersection with Toorak Road. The site has the following significant characteristics:

A rectangular lot with a site frontage of 15.24 metres, a site depth of approximately 58 metres and total overall site area of 883 square metres.

There is a fall in the land from the east to west of 1.18 metres.

The land contains a double storey rendered brick building containing two dwellings with one on each floor level.

A concrete driveway runs along the northern boundary providing vehicle access from Kensington Road to a garage at the rear of the site. A swimming pool also exists along the rear boundary.

A mature and significant Lilly Pilly is located on the southern boundary behind the double storey building.

The land interfaces to residential buildings to the north, south and west. These interfaces are described below:

To the immediate north is No. 39 Kensington Road. The site is occupied by two double storey buildings (with central public space between them), each containing 6 dwellings (12 in total) plus garaging to the rear. This site is covered by an individual Heritage Overlay (HO443). The property is known as “Clyde & Castle Village” and front fence and tree controls apply under the Heritage Overlay.

To the immediate south is No. 33 Kensington Road. The site is occupied by a four storey building (including undercroft parking) containing 18 dwellings. The flats contain habitable room windows and balconies that are oriented towards the north (towards the subject site).

To the immediate west are the rear yards of No. 26 and 24 Rockley Road. No. 26 has been developed with five (5) attached dwellings.

To the east is Kensington Road, a no-through road with parking on both sides of the street. Properties on the eastern side of the street comprise a mixture of multi-level residential flats and large single dwellings. Directly opposite the subject site at No. 28 are five (5) attached double storey dwellings. There are mature street trees on both sides of the road reserve that contribute to the amenity and character of the street.

The predominant scale of built form along Kensington Road varies between two and four storeys in height.


Front setbacks along the west side of Kensington Road are generally between 5 and 7 metres. A range of fencing types exist in the street, from unfenced, to low brick through to high rendered masonry fences. Previous Planning Application(s) A search of Council records indicates the following relevant planning application for the subject site:

Planning Permit 489/14 was issued by Council on 25 August 2015 for the construction of a multi-dwelling development and five lot subdivision plus common property in a General Residential Zone. The permit allowed for the construction of five, three storey dwellings over a common basement and subdivision of the land into five lots.

An amendment to the permit was issued on 6 May 2016 which amended Condition 19 relating to the public open space contribution.

A Section 80 appeal against conditions was settled at VCAT and amended the following conditions:

(a) Condition 1e) is amended to read:

1e) The proposed landscape treatment, including front fence treatment (no greater than 1.7m in height), in accordance with the landscape plan prepared by John Patrick Pty Ltd dated December 2016 (drawing no. LTP01);

(b) Condition 5g) is amended to read:

5g) Landscaping in the front portion of the site as shown in the landscape plan prepared by John Patrick Pty Ltd dated December 2016 (drawing no. LTP01);

Plans were endorsed to comply with the conditions on 15 August 2017.

On 25 August 2017 the permit expired as works had not commenced and the plan of subdivision had not been certified. An extension to the permit expiry was requested by the applicant on 14 March 2018 and it was refused as this request was made more than six months after the permit expired and outside of the statutory timeframe. Council has no discretion to extend a permit that has expired pursuant to Section 69(1) of the Planning and Environment Act 1987.

The current permit application (subject of this report) was lodged in October 2018 for the same development approval as above. As a significant amount of time has elapsed since the issue of the permit in 2015 there has been a change in Council’s stance on tree protection and it was considered necessary to amend the design to retain the significant Lilly Pilly that was previously permitted to be removed. The Title The site is made up of two lots described on Certificate of Title Volume 09212 Folio 174 as Unit 1 and 2 on Strata Plan 009904 and no covenants affect the land. A 1.1 metre wide drainage easement (containing a Council drain) extends along the full length of the rear boundary.


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

Clause 32.08 – General Residential Zone (Schedule 9) Pursuant to Clause 32.08-1, a permit is not required to use the land for dwellings. Pursuant to Clause 32.08-6, a permit is required to construct two or more dwellings on a lot. Other requirements of the Zone include Clause 32.08-4, which stipulates that a minimum garden area of 35 per cent of the overall site area must be provided on this site. Pursuant to Clause 32.08-10, a maximum building height (above natural ground level) of 11 metres (or 12 metres on a sufficiently sloping site) and 3 storeys applies to this site. There is sufficient slope (greater than 2.5 degrees) to exceed the 11 metre height restriction. The maximum height for this site is therefore 12 metres. Schedule 9 to the Zone also varies the following Clause 55 Standards, as follows:

Basements should not exceed 75 per cent of the site area.

In addition to the requirements of Standard B13, at least one canopy tree should be planted on the site.

For a distance of at least 5 metres behind the front facade of the building fronting the street, setback new buildings (including basements) a minimum of 2 metres from at least one side boundary and at least 1 metre from the other side boundary up to 3.6 metres in height. Where no setback is specified, standard A10 or B17 applies.

Walls should not be located on side boundaries for a distance of 5 metres behind the front façade of the building fronting the street.

Overlays There are no overlays that affect this site. Particular Provisions Clause 52.06 - Car Parking Pursuant to Clause 52.06-2, the car parking spaces required under Clause 52.06-5 must be provided on the land prior to the commencement of a new use. A permit may be granted to reduce the number of car spaces required by the table included in Clause 52.06-5. Pursuant to Clause 52.06-5, two (2) car spaces are to be provided to each three or more bedroom dwelling. There is no requirement to provide visitor car parking. The development proposes 5 x 3 bedroom dwellings requiring 10 car parking spaces. The basement as amended, now proposes 9 car parking spaces, which triggers a permit for a reduction of 1 car parking space from the statutory rate. Clause 55 – Two dwellings on a lot and residential buildings A development must meet all of the objectives of this clause and should meet all of the standards of this clause. If a zone or a schedule to a zone specifies a requirement of a standard different from a requirement set out in this clause, the requirement in the zone or a schedule to the zone applies.


Relevant Planning Policies Clause 11 – Settlement Clause 11.03-1S – Activity centres Clause 13 – Environmental Risks and Amenity Clause 13.07 – Amenity and Safety Clause 15 – Built Environment and Heritage Clause 18 – Transport Clause 19 – Infrastructure Clause 21.03 – Vision Clause 21.05 – Housing Clause 21.06 – Built Environment and Heritage Clause 22.05 – Environmentally Sustainable Development Clause 22.18 – Stormwater Management (Water Sensitive Urban Design) Clause 22.23 – Neighbourhood Character Policy Advertising

This application has been advertised twice. The application was initially advertised in November 2018 pursuant to Section 52 of the Planning and Environment Act 1987 by sending notices to the owners and occupiers of adjoining land (and by placing one sign on the site). The public notification of the application was completed satisfactorily. The site is located in North Ward and objections from ten (10) different properties have been received. The concerns of the objectors can be summarised as follows:

Loss of trees

Lack of landscaping

Out of character with the neighbourhood

Building height

Overshadowing

Overlooking

Decreased permeability

Traffic and parking

Front fence height A Consultative Meeting was held on 31 January 2019. The meeting was attended by Councillors Griffin and Koce, representatives of the applicant, objectors and a Council planning officer. The meeting resulted in changes to the plans. The revised plans were formally substituted under Section 57A of the Planning and Environment Act 1987 on 17 July 2019 to show the following:

Relocation of Unit 4 closer to the northern boundary to ensure the retention of the significant Lilly Pilly tree on the southern boundary.

Subsequent increase in the basement setback from the southern boundary, resulting in the reduction of one (1) car space from within the basement garage.

Rear setback (west) reduced from 4.29 metres to 1.735 metres.

A total nine (9) car parking spaces have been proposed under the revised scheme.

Permit preamble amended to include a reduction in the number of car parking spaces (for one space).


These plans (Council date stamped 9 July 2019) were re-advertised pursuant to Section 52 of the Planning and Environment Act 1987 by sending notices to the owners and occupiers of adjoining land (and by placing one sign on the site). No new objections have been received. Referrals Urban Design

The proposal is supported subject to further detail on the proposed cladding materials and colour scheme being provided.

Transport and Parking Council’s Traffic Engineers have reviewed the revised material and have only raised concerns with the following:

The on-street parking in Kensington Road is highly utilised, and future residents of the development will be ineligible to participate in Council’s Residential Parking Permit Scheme.

Given the development and the location, it is likely that future residents will have 2 vehicles. Therefore, the applicant should provide the full parking provision on-site.

Given the proposed traffic movements (6 trips per dwelling, this would result in 30 daily trips). It would be difficult to argue against the proposal on traffic generation grounds.

Sight distance to be considered on the north side of the accessway. The applicant is to consider convex mirrors to provide sufficient sight distance.

The plans indicate the existing vehicle crossing will be modified. As the crossing will be changed, a 1.3m straight splay is to be provided on the south side. Plans are to be revised to reflect this.

Infrastructure The following conditions are to be required:

The rear easement contains a Council drain. Please condition that all development must be clear of the easement. The existing surface levels of the easement must not be raised or altered in any way.

Prior to a building permit being issued, a report for the legal point of discharge must be obtained from Council and a drainage design for the development must be prepared by a suitably qualified Engineer in accordance with all ‘recommendations’ and requirements contained in that report. All drainage must be by means of a gravity based system with the exception of runoff from any basement ramp and agricultural drains which may be pumped. The relevant building surveyor must check and approve the drainage design and ensure that protection of the building is provided from a 1 in 100 A.R.I. rainfall event as required by the Building Regulations.

Prior to an ‘Occupancy Permit’ being issued, a suitably qualified Engineer must carry out a detailed inspection of the completed stormwater drainage system and associated works including all water storage tanks and detention (if applicable) to ensure that all works have been constructed in accordance with the approved design and the relevant planning permit conditions. Certification of the completed drainage from the Engineer must be provided to Council prior to a ‘Statement of Compliance’ being issued for the subdivision.


The existing footpath levels must not be lowered or altered in any way at the property line (to facilitate the basement ramp). This is required to ensure that normal overland flow from the street is not able to enter the basement due to any lowering of the footpath at the property line.

There will be additional stormwater runoff generated by the development and there are known drainage problems and flooding downstream of the property. The applicant must at their cost provide a stormwater detention system to restrict runoff from the development to no greater than the existing runoff based on a 1 in 10 A.R.I. to the satisfaction of Council’s Infrastructure Unit. Alternatively, in lieu of the stand-alone detention system, the owner may provide stormwater tanks that are in total 2,000 litres greater than those tanks required to satisfy WSUD requirements for the development. Those tanks must be connected to all toilets.

Waste

There are no waste concerns. Any Planning Permit issued for this development must include a clause specifically requiring the submission and approval of a Waste Management Plan. Once a Planning Permit has been issued for the development, a Waste Management Plan should be submitted for approval. Parks

The new design allows for the retention of the significant Acmena smithii (Lilly Pilly).

A detailed Tree Management Plan must be conditioned.

Detail must also be provided with regard to the construction methods within the Tree Protection Zone (TPZ), based on recommendations from the Tree Management Plan.

Services are still shown to be connected within the Structural Root Zone of the established English Oak street tree.

Tree bonds for the retained trees must be conditioned as follows: o Tree 1 – Quercus robur (English Oak) – Street Tree Total value = $6,090

o Retained significant Acmena smithii (Lilly Pilly) - Total Value = $29,309

KEY ISSUES

The key issues with the proposal include whether the development respects the preferred neighbourhood character and whether the proposal will have an adverse impact on the adjoining residential amenity. These key issues as well as issues raised by objectors are discussed in detail below. Strategic Justification The overarching policies and objectives at both a State and Local level encourage urban consolidation in established urban areas and medium density residential development in and around activity centres and close to public transport. These strategies call for well-designed medium-density development that respects neighbourhood character, improves housing choice, makes better use of existing infrastructure and improves energy efficiency. The subject site is not located on a main road and has no overlay restrictions. It is therefore classified as being within an “Incremental Change Area” according to Council's Strategic Framework Plan (Clause 21.03-3). Policy directs that multi-unit development (2-3 storeys) should occur in “incremental change areas” on lots capable of accommodating increased density.


The subject site has an area of 883 square metres and is capable of accommodating five (5) new dwellings. The site is located 300 metres from Toorak Road, which is served by public transport and is within easy reach of the Chapel Street Activity Centre. The total number of dwellings proposed on the site, is low when compared with the density commonly found in nearby residential buildings, including 18 on a similar sized lot immediately to the south, and 12 on a lot of approximately double the size immediately to the north. Specific built form outcomes are addressed in local Built Environment Policy at Clause 21.06. This policy directs new buildings to not be significantly higher or lower than the surrounding buildings and that development be of a height and scale that is consistent with its particular setting and location. In this instance built form of between two and four storeys is commonly found within the neighbourhood and on adjacent sites to the proposal. For these reasons, it is considered that the proposal is generally consistent with the strategic direction outlined by the Stonnington Planning Scheme. Built Form and Neighbourhood Character The subject site falls within the Garden River (GR) Precinct at Clause 22.23 (Neighbourhood Character Policy), which includes the following statement of preferred neighbourhood character:

“The Garden River (GR) character precinct comprises buildings that contribute to the Yarra River and its landscaped setting, with innovative architectural styles set among Victorian, Edwardian and Interwar dwellings and well-planted, spacious gardens. New buildings of varying styles and scales are designed to complement and respect the river environs. Consistent front and side setbacks allow for substantial planting that contributes to the tree canopy, and softens the appearance of built form. Where adjoining or visible from the Yarra, buildings address both the street and the River. Low or permeable front fences provide views of building facades and front gardens.”

In understanding the character of the area is it important to note that the majority of residential buildings in the immediate vicinity along Kensington Road are between two and four storeys in height, with many of these being attached multi-dwelling ‘flats’ with parking either beneath or to the rear. It is considered that the proposal satisfactorily responds to the Garden River objectives for the following reasons:

The new dwellings will present to the street in the same manner as the majority of residential buildings in the street, generally sitting centrally on the lot with vegetation at the front and along one side.

The basement car park will ensure that car parking structures are not proposed within the front setback and vehicle parking is not visible from the street.

The dwellings will incorporate a pitched roof and rendered materials which are commonly found in this streetscape.

The dwellings will be set off both side boundaries, allowing adequate space for the provision of gardens and vegetation around the building to strengthen the garden character of the area.

The ground floor front façade of the new development (comprising Unit 1) is setback 6.28 metres from Kensington Road, while the overhanging balcony at the first floor is situated 5 metres from the street.


These setbacks are consistent with the wider streetscape of between 5 and 7 metres, and sits between the two adjoining properties where a 4.56 metres street setback is evident to the south (No. 33) and a 7.47 metre setback is evident to north (No. 39). The height of the building at 11.15 metres is below the maximum allowable height set by the Zone being 12 metres, and is generally consistent with residential buildings in Kensington Road, in particular the adjoining residential building to the south which contains four storeys. The proposal will not exceed three storeys at any point across the site. In terms of site coverage, at ground level the site coverage equates to 52 per cent, which is below the maximum 60 per cent recommended by Standard B8 (Site coverage objective). The basement coverage at approximately 66 per cent of the overall site area is also acceptable as it is below 75 per cent, and has been sufficiently setback from the front and side boundaries to support the establishment of 26 new trees. The proposed 1.7 metre high front fence is deemed to be acceptable and reflects the varied character of front fences in the street. Importantly, the previous permit for this site (since expired) allowed for a 1.7 metre high masonry fence as a result of a VCAT Order (P1316/2016). Overall, the proposal is considered to be a site responsive design which will sit comfortably in the streetscape and reflects the preferred neighbourhood character of this area. Energy Efficiency The new dwellings have been designed with good access to natural light and ventilation. The townhouses have been oriented to the north and have operable windows and doors to the north and south for cross flow ventilation. The applicant has submitted a Sustainable Design Assessment (SDA) to address the requirements of Council’s Environmentally Sustainable Development Policy (Clause 22.05). The SDA confirms that the dwellings will have a minimum 6.6 star NatHERS (energy) rating meeting Council’s best practice. The SDA also confirms the use of double glazing and minimum insulation of R2.0 for external walls and R4.0 for roofs/ceilings. The energy efficiency is considered to be acceptable and conditions will require that the type of glazing and insulation be noted on the materials schedule for endorsement. Safety The building has been designed in accordance with Standard B12 (Safety objective) by ensuring that the main pedestrian entrance is clearly accessible and visible from Kensington Road and will not be obscured or isolated from the street. Landscaping

The proposal has been designed to retain the significant Lilly Pilly on the southern boundary. This change has resulted in Unit 4 being relocated to the north, along with increased setbacks to the basement. The retention of this tree is significant and its ongoing health will be protected via a tree bond (in the form of a bank guarantee), which will be imposed through conditions. A bank guarantee will be required to ensure the protection and ongoing health of the English Oak street tree, directly in front of the subject site. Subject to a number of conditions, the development will ensure the retention of significant trees. The landscape plan that was prepared and endorsed by the original Permit 489/14 (since expired) includes 26 new trees to be planted around the new building. This same landscape plan has been submitted in support of this application.


The planting of 26 new trees exceeds the varied recommendations of Schedule 9 to the Zone, which requires at least one canopy tree to be planted on the site and will contribute to the strengthening of the garden character. Conditions will require that the landscape plan be updated to reflect the revised plans showing the relocation of Unit 4 and tree protection zones. The landscape plan will specifically require the retention of the two Crab Apple trees that are shown along the rear (west) boundary to assist in softening the building bulk when viewed from the west. The other conditional change that will be required relates to the planting along the southern boundary. The landscape plan shows a proposed row of trees along the southern boundary. While this is a good outcome, the basement is setback only 0.58 metres from the title boundary, providing only limited space for deep soil planting. To provide greater soil volumes for the establishment of these trees a condition will require that the basement be setback a minimum distance of 1.0 metre from the southern boundary. Subject to the above conditions, the landscape response is acceptable. Access

The proposal seeks to vary the existing crossover to the north of the frontage by widening it from approximately 3 metres in width to 5 metres. The proposed crossover will occupy 32 per cent of the site’s frontage, which is below the recommended maximum of 40 per cent specified by Standard B14. Council’s Traffic Engineers have also confirmed that the modified crossing is to incorporate a 1.3m straight splay on the southern side and this will be required to be shown on the plan via a condition. Subject to conditions, the crossover is acceptable. Parking location

The new basement car parking provides convenient parking for resident and visitor vehicles and complies with the Parking location objective of Clause 55. Amenity Impacts Side and Rear Setbacks

West elevation (rear, facing numbers 24 and 26 Rockley Road)

Ground Floor – required setback 0m to 1.00m, proposed 1.73m – 2.0m First Floor – required setback 1.93m, proposed 1.73 – 2.07m Second Floor – required setback 1.93m to 3.69m, proposed 1.73m – 4.0m South elevation (facing number 33 Kensington Road)

Ground Floor – required setback 0m to 1.00m, proposed 1.83m – 6.0m First Floor – required setback 1.81m, proposed 2.89m – 6.0m Second Floor – required setback 2.89m – 4.09m, proposed 2.89m – 6.0m North elevation (facing number 39-41 Kensington Road)

Ground Floor – required setback 0m to 1.00m, proposed 1.8m – 5.00m First Floor – required setback 1.70m, proposed 1.8m – 6.50m Second Floor – required setback 3.59m, proposed 4.30m – 8.0m


There are some minor non-compliances with the rear setback as can be seen above. Where the setback has fallen short of the recommendation this is only for a small portion of the building. The majority of the setbacks comfortably comply with and in most cases exceed, the recommendations of Standard B17 and will not unreasonably overshadow or obstruct daylight to windows on the adjoining properties as will be discussed below. Daylight to Existing Windows

Standards B19 (Daylight to existing windows) and B20 (North-facing windows) set out the requirements for building setbacks to ensure that adequate amounts of light reach the windows of adjacent existing buildings. Standard B19 requires new works to be setback from an existing habitable room window a distance of at least half the height of the wall. The proposed building walls are approximately 8.5m high above natural ground, and setback between 7.20 and 10.8 metres from the adjoining properties to the south, complying with the Standard. Standard B20 requires new works to be setback from existing north facing habitable room windows of the adjoining building to the south, 33 Kensington Road, if those windows are within 3 metres of the boundary. The plans provided by the applicant confirm that these windows are approximately 4.3 metres from the boundary and therefore this Standard does not apply. Overlooking Standard B22 (Overlooking objective) seeks to limit views into adjoining private open space or habitable room windows within 9 metres of a new habitable room window or balcony. There are sensitive interfaces, including both private open spaces and habitable room windows to the north, south and west of the proposed building. Views to the east overlook Kensington Road, which is considered a positive outcome, providing passive surveillance of the public realm. Northern Interface

To the north, there are a number of terraces at the ground floor level of each of the Units. However, it appears that views will not be possible to the north due to the existing 1.8m high paling fence along the northern boundary. The sections provided do not confirm the height of the northern boundary fence relative to the finished floor levels of the terraces. This will be required via conditions. The northern elevation proposes 1.7 metre high translucent glazing with a maximum transparency of 25 per cent to the first floor level balconies of Units 2, 3, 4 and 5. These same Units have been screened at the second floor level with horizontal modwood slats to a height of 1.7 metres above finished floor level. The slatted screens have been designed to allow views out of the windows, but limits downward views as has been confirmed on Section B at Plan TP11. Unit 1 (the front dwelling) has two family room windows at the first floor level within 9 metres of habitable room windows to the north. These windows have been shown screened with translucent glazing with a maximum transparency of 25 per cent to 1.7 metres above finished floor. The balconies proposed at the first and second floor level of Unit 1 have not been screened as the sightlines demonstrate views will not be possible into a habitable room windows within 9 metres.


Southern Interface

The southern elevation has been treated in the same manner as the windows to the north. 1.7 metre high translucent glazing with a maximum transparency of 25 per cent has been proposed to the first floor level habitable room windows. At the second floor level the windows have been screened with horizontal screens to 1.7 metres. Again the notations on floor plans and elevations are lacking and further details will be required via conditions to ensure compliance with Standard B22. There are number of non-habitable room windows that have not been screened and this is acceptable. Western Interface

The rear interface is associated with Unit 5 only. At the first floor level there is one habitable room window with an outlook to the west, which is to be screened with 1.7 metre high translucent glazing with a maximum transparency of 25 per cent. The western side of the balcony is also to be screened with the same treatment. The second floor window serves a bathroom, which does not require screening as it is a non-habitable room. The notations will be required by way of conditions to confirm that the window at the first floor level will be fixed to a height of 1.7 metres. It is also noted that there may be a discrepancy with the number of windows shown on the west elevation. A condition will be required to correct the west elevation to confirm the correct number of windows to the stairwell. As this a non-habitable room, no screening is required to any stairwell glazing. Overshadowing

Standard B21 requires that a new development does not unreasonably overshadow existing secluded private open space (SPOS) areas of adjoining dwellings. The Standard requires that between the hours of 9am and 3pm, an area of SPOS on an adjoining lot must not be unreasonably affected for a minimum of 5 hours on 22 September. The overshadowing diagrams provided by the applicant for this development confirm that although there will be some additional shadows to the south, these will not reach the habitable room windows and balconies of the apartments that are orientated to the north between 9am and 3pm on 22 September (the equinox). Where shadows will fall to the south, this ground floor area is used as a pedestrian entry / front doors and is not secluded private open space. Due to the setbacks proposed from the southern boundary and the finished floor level and sill heights of the existing windows and balconies, the new townhouses will not result in any overshadowing on adjacent private open spaces to the south on the Equinox. There will be some additional overshadowing to the rear of No. 24 Rockley Road at 9am on the Equinox. However, given the size of this single dwelling property (in excess of 900 square metres), the extent of overshadowing will be minor and in compliance with Standard B21 of Clause 55, which specifies that at least 40 square metres of open space should receive a minimum of 5 hours sunlight between 9am and 3pm on 22 September. Noise impacts

The proposed townhouses are not expected to generate noise above and beyond that normally associated with a residential development. The roof plan confirms the location of air conditioning units on the roof. These air conditioning units have not been shown on elevations. A condition of approval will require that they been screened from the street and adjoining properties with a high quality material to the satisfaction of the Responsible Authority.


Internal Amenity The new dwellings will be provided with good internal amenity. The townhouses have internal areas of between 189 and 216 square metres in area. All but one dwelling is provided two car parking spaces, with Unit 4 having only one parking space. The car parking is conveniently located within the basement, which also includes bicycle parking and external storage in excess of 6 cubic metres to each dwelling. This meets the recommendations of Standard B44 (Storage objective). All habitable rooms are provided good access to natural light and ventilation and no dwelling has a room that relies on borrowed light. Large private open spaces have been incorporated in the form of courtyards and balconies with the dwellings provided between 48.7 and 88.5 square metres of private open space. This complies with the recommendations of Standard B28 (Private open space objective). Furthermore, the courtyards and balconies have been oriented to the north where possible, so as to receive northern sunlight. Overall, the amenity of the new dwellings is deemed to be of an acceptable standard and complies with the Objectives of Clause 55.05. Car Parking and Traffic The car parking provision has been raised as a concern by Council’s Transport and Parking Department as they are of the view that the development should provide 10 spaces. It is noted that basement was reduced in size after the consultative meeting so as to retain the significant Lilly Pilly tree along the southern boundary of the subject site. This has resulted in the loss of one car parking space. There are nine (9) spaces provided on site and given the inner city location, access to public transport an easy 300 metres walk from the site and proximity to an activity centre, there is very strong justification to reduce the car parking requirement by one space. For these reasons, the reduction is considered to be acceptable and is unlikely to result in any appreciable impact on existing on-street parking demands. Importantly, a notation will added to the permit to confirm that the residents will not be eligible for residential parking permits. There has been no concern raised with traffic generation given the minor increase in the number of dwellings proposed. An increase of three new dwellings on this site is unlikely to result in any adverse impact on the operation of this local street. In terms of the design of the basement car park, concerns have been raised with the northern sight distance and the vehicle crossing design. These minor design changes will be addressed via conditions should a permit issue. Waste The Waste Management Plan prepared by the applicant confirms that 2 x 240L garbage and 2 x 240L recycling bins will be stored in the bin store area in the basement and carted from the basement by the owner’s corporation to the nature strip for Council collection service. Bins are to be returned to the basement on the collection day. Garbage bins are to be collected weekly, with recycling bins collected fortnightly. The proposed Waste Management Plan has been reviewed by Council’s Waste Coordinator who has not raised any concerns with this arrangement. Given there are five dwellings proposed within this development (an increase of three from the existing conditions), it is considered reasonable that the development utilize Council’s waste collection services.


Water Sensitive Urban Design The applicant has submitted a STORM Report that details the on-site water retention methods proposed. A 25,000 litre rainwater tank is to be installed below the basement. This tank will collect rainwater from the entire roof (424.5 square metres in area). Ground floor toilets and the garden irrigation system are to be connected to the rainwater storage system. A raingarden is also proposed within the front courtyard. These measures achieve a STORM rating of 100 per cent which meets the requirements of Council’s Policy Clause 22.18. Notation are required on the plans to confirm connections to the ground floor toilets and the garden irrigation system for re-use on site. The roof plan also notes a 15,000 litre tank and this is to be updated. These will be addressed via conditions should a permit issue. Human Rights Consideration This application has been assessed in accordance with the requirements of the Planning and Environment Act 1987 (including the Stonnington Planning Scheme), reviewed by the State Government and which complies with the Charter of Human Rights and Responsibilities Act 2006.

CONCLUSION Having assessed the application against the relevant planning controls it is recommended that the proposal be supported for the following reasons:

The proposal is in keeping with the two to four storey scale of buildings in this street and complies with guidelines for the Garden River Neighbourhood Character Precinct.

The design has been amended to retain the significant Lilly Pilly tree on the subject site and provides opportunities for 26 new trees to be planted around the building, strengthening the garden character of the area.

Subject to conditions, the development will not unreasonably impact upon adjoining amenity as determined by compliance with ResCode (Clause 55) Objectives.

The reduction in one car parking space is deemed to be acceptable given the proximity to public transport and the Chapel Street Activity Centre.

ATTACHMENTS

⇨1. PA - 1049-18 - 35-37 Kensington Road South Yarra - Attachment 1 of 1 Plans

RECOMMENDATION

That a Notice of Decision to Grant a Planning Permit No: 1049/18 for the land located at 35-37 Kensington Road, South Yarra be issued under the Stonnington Planning Scheme for construction of a multi-unit development in a General Residential Zone and a reduction in the car parking requirements subject to the following conditions:

1. Before the commencement of the development, one copy 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 revised advertised plans TP01 – TP11 Rev A and Council date stamped 9 July 2019 but modified to show:



a) All habitable room windows and balconies at the first and second floor

level that allow for views to a habitable room window or area of private open space within 9 metres must be screened in accordance with Standard B22 of Clause 55;

b) Details of all screening measures must be included on sections, including details of the spacing any horizontal slats and depths of all slats with dimensions;

c) All overlooking measures including translucent glass and horizontal screens at the first and second floor level to achieve Standard B22 must be clearly and consistently annotated on the floor plans and elevations;

d) All translucent glass used to limit overlooking must be confirmed as being fixed to a height of 1.7 metres above finished floor level;

e) Sections to confirm the height of the northern boundary fence relative to the finished floor levels of the ground level terraces, demonstrating compliance with Standard B22;

f) All setbacks of all walls to all boundaries must be noted on the plans; g) Sight distance to be addressed on the north side of the access way via a

convex mirror or otherwise to the satisfaction of the Responsible Authority; h) The plans to show a 1.3m straight splay on the south side of the vehicle

crossing unless otherwise agreed to by the Responsible Authority; i) A detailed schedule of all external materials finishes and colours to the

satisfaction of the Responsible Authority with corresponding elevations. The schedule must include the double glazing and minimum insulation requirements as specified in the Sustainable Design Assessment;

j) Roof plan notation updated to confirm the size of the rainwater tank as 25,000 litres;

k) Basement plan to include notations that the 25,000 litre rainwater tank is to be connected to toilets for flushing and the garden irrigation system;

l) Elevations to include screening of the air conditioning units on the roof so that the air conditioning units are not visible from the street or any adjoining property. Screens must be dimensioned and must be of a high quality material that integrates into the development to the satisfaction of the Responsible Authority;

m) The basement level to be setback a minimum distance of 1 metre from the southern boundary;

n) Correction to the west elevation to show all proposed windows to the stairwell;

o) Design details of the raingarden including a cross section which shows the details of the depth and materials for each layer of the rain garden;

p) Detail must be provided with regard to the construction methods within the Tree Protection Zones (TPZ), based on recommendations from the Tree Management Plan;

q) Any changes as required meet Condition 3 (Landscape Plan), 6 (Tree Management Plan), and 15 (Waste Management Plan);

all to the satisfaction of the Responsible Authority.

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, without the prior written consent of the Responsible Authority.


3. Concurrent with the endorsement of plans, 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. The landscape plan must be generally in accordance with the landscape concept plan Council date stamped received 4 February 2019 and prepared by Lachie Anderson Landscapes, but modified to show:

a) Changes as a result of relocating Unit 4, ensuring the 2 proposed ‘Malus

Trilobata’ Crab Apple trees along the rear (west) boundary are retained. b) Detail must be provided with regard to the construction methods within the

Tree Protection Zones (TPZ), based on recommendations from the Tree Management Plan.

c) Service trenches for the new services must not be located within the Structural Root Zone of the street tree and this must be confirmed on the landscape plan to the satisfaction of the Responsible Authority.

4. 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.

5. All existing vegetation shown on the endorsed plans to be retained must be suitably and clearly identified before any development (including demolition and excavation) starts on the site and that vegetation must not be removed, destroyed or lopped without the written consent of the Responsible Authority.

6. Concurrent with the endorsement of development plans a tree management plan prepared by a suitably qualified arborist must be submitted to and approved by the Responsible Authority. When approved, the tree management plan will form part of this permit and all works must be done in accordance with the tree management plan (AS 4970). The tree management plan must detail measures to protect and ensure the viability of the Quercus robur (English Oak) street tree and the significant Acmena smithii (Lilly Pilly).

Among other things, the tree management plan must include the following information: a) Pre-construction (including demolition) – details to include a tree

protection zone, height barrier around the tree protection zone, amount and type of mulch to be placed above the tree protection zone and method of cutting any roots or branches which extend beyond the tree protection zone. A plan must be submitted detailing any tree protection fencing, where the fencing is clearly identified and dimensioned.

b) During-construction – details to include watering regime during construction and method of protection of exposed roots.

c) Post-construction – details to include watering regime and time of final inspection when barrier can be removed and protection works and regime can cease.


Pre-construction works and any root cutting must be inspected and approved by the Responsible Authority's Parks Unit. Removal of protection works and cessation of the Tree Management Plan must be authorised by the Responsible Authority's Parks Unit.

7. Before the development (including excavation and demolition) starts, a tree protection fence must be erected around the Quercus robur (English Oak) street tree and the significant Acmena smithii (Lilly Pilly). Fencing is to be compliant with Section 4 of AS 4970. Signage identifying the need for approval from Council’s Parks Unit for any root cutting (prior to it occurring) must also be displayed on the fence.

8. Prior to the endorsement of plans and prior to any development commencing on the site (including demolition and excavation whether or not a planning permit is required), the owner/ developer must enter into a Deed with the Responsible Authority and provide it with a bank guarantee of $35,399 as security against a failure to protect the health of the street tree - Quercus robur (English Oak) and the significant Acmena smithii (Lilly Pilly) to be retained. The applicant must meet all costs associated with drafting and execution of the Deed, including those incurred by the responsible authority. Once a period of 12 months has lapsed following the completion of all works at the site the Responsible Authority may discharge the bank guarantee upon the written request of the obligor. At that time, the Responsible Authority will inspect the tree(s) and, provided they have not been detrimentally affected, the bank guarantee will be discharged.

9. Concurrent with the endorsement of plans or prior to the commencement of any

works at the site (including demolition and excavation whether or not a planning permit is required), whichever occurs sooner, a letter of engagement must be provided to the Responsible Authority from the project arborist selected to oversee all relevant tree protection works. The project arborist must be an appropriately experienced and qualified professional (minimum Cert IV or equivalent in experience).

10. The project arborist must maintain a log book detailing all site visits. The log

book must be made available to the Responsible Authority within 24 hours of any request.

11. Prior to the commencement of any works at the site (including demolition and

excavation whether or not a planning permit is required), the project arborist must advise the Responsible Authority in writing that the Tree Protection Fences have been installed to their satisfaction.

12. Prior to the commencement of any works on the land, each Tree Protection Zone

shown on the approved Landscape Plan must:

a) be fenced with temporary fencing in accordance with the attached specifications annotated in this permit to the satisfaction of the Responsible Authority.

b) include a notice on the fence to the satisfaction of the Responsible Authority advising on the purpose of the Tree Protection Zone, the need to retain and maintain the temporary fencing and that fines will be imposed for removal or damage of the fencing and trees.


c) No vehicular or pedestrian access, trenching or soil excavation is to occur within the Tree Protection Zone without the prior written consent of the Responsible Authority. No storage or dumping of tools, equipment or waste is to occur within the Tree Protection Zone.

13. A copy of the tree protection zones are to be included in any contract for the construction of the site or for any other works which may impact upon the trees.

14. The permit holder / developer must advise Council in writing that a Certificate of Occupancy has been issued in respect to the development and that the 12 month establishment period has commenced.

15. Concurrent with the endorsement of plans, a Waste Management Plan must be

submitted to and approved by the Responsible Authority. The Waste Management Plan must be in accordance with the Waste Management Plan dated 20/12/2018 and Council date stamped 2/01/2019 but modified to show: a) Updated bin store plan to reflect the basement layout changes on the

revised plans and any other changes required by Condition 1 to the satisfaction of 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.

16. Any poles, service pits or other structures/features on the footpath required to

be relocated to facilitate the development must be done so at the cost of the applicant and subject to the relevant authority’s consent.

17. All utility services to the subject land and buildings approved as part of this permit must be provided underground to the satisfaction of the Responsible Authority by completion of the development.

18. All development must be clear of the easement. The existing surface levels of the

easement must not be raised or altered in any way. 19. Prior to a building permit being issued, a report for the legal point of discharge

must be obtained from Council and a drainage design for the development must be prepared by a suitably qualified Engineer in accordance with all ‘recommendations’ and requirements contained in that report. All drainage must be by means of a gravity based system with the exception of runoff from any basement ramp and agricultural drains which may be pumped. The relevant building surveyor must check and approve the drainage design and ensure that protection of the building is provided from a 1 in 100 A.R.I. rainfall event as required by the Building Regulations.

20. Prior to an ‘Occupancy Permit’ being issued, a suitably qualified Engineer must

carry out a detailed inspection of the completed stormwater drainage system and associated works including all water storage tanks and detention (if applicable) to ensure that all works have been constructed in accordance with the approved design and the relevant planning permit conditions. Certification of the completed drainage from the Engineer must be provided to Council prior to a ‘Statement of Compliance’ being issued for the subdivision.


21. The existing footpath levels must not be lowered or altered in any way at the

property line (to facilitate the basement ramp). 22. The applicant must at their cost provide a stormwater detention system to

restrict runoff from the development to no greater than the existing runoff based on a 1 in 10 A.R.I. to the satisfaction of Council’s Infrastructure Unit. Alternatively, in lieu of the stand-alone detention system, the owner may provide stormwater tanks that are in total 2,000 litres greater than those tanks required to satisfy WSUD requirements for the development. Those tanks must be connected to all toilets.

23. Prior to the commencement of the development hereby approved, the permit

holder must obtain approval from Council’s Building and Local Laws Department to construct or modify any vehicle crossover/s providing access to the subject site. The issue of a planning permit does not provide approval for vehicular crossovers which are outside of the title boundary.

24. Prior to the occupation of the building, fixed privacy screens (not adhesive film) designed to limit overlooking as required by Standard B22 of Clause 55.04-6 in accordance with the endorsed plans must be installed to the satisfaction of the Responsible Authority and maintained to the satisfaction of the Responsible Authority thereafter for the life of the building.

25. All plant and equipment (including air-conditioning units) shall be located or

screened so as to minimise visibility from any of the surrounding footpaths and from overhead views and shall be baffled so as to minimise the emission of unreasonable noise to the environment in accordance with Section 48A of the Environment Protection Act 1970 to the satisfaction of the Responsible Authority.

26. Adequate provision must be made for the storage and collection of wastes and

recyclables within the site prior to the commencement of use or occupation of the building. This area must be appropriately graded, drained and screened from public view to the satisfaction of the Responsible Authority.

27. The project must incorporate the Water Sensitive Urban Design initiatives

detailed in the endorsed site plan and/or stormwater management report.

28. Prior to occupation, access for persons with disabilities must be provided in

compliance with the Disability Discrimination Act 1992 and such access must be maintained at all times the building is occupied or in use.

29. This permit will expire if one of the following circumstances applies: a) The development is not started within two years of the date of this permit. b) The development is not completed within four years of the date of this

permit.



NOTES: A. The owners and occupiers of the dwelling/s hereby approved are not eligible to

receive “Resident Parking Permits”. B. This permit does not constitute any authority to carry out any building works or

occupy the building or part of the building unless all relevant building permits are obtained.

C. Council has adopted a zero tolerance approach in respect to the failure to

implement the vegetation related requirements of Planning Permits and endorsed documentation. Any failure to fully adhere to these requirements will be cause for prosecution. This is the first and only warning which will be issued.

D. Nothing in this permit hereby issued shall be construed to allow the removal of,

damage to or pruning of a significant tree (including the roots) without the further written approval of Council.

“Significant Tree” means a tree or palm:

a) with a trunk circumference of 140 cm or greater measured at 1.4 m above

its base; b) with a total circumference of all its trunks of 140 cm or greater measured at

1.4 m above its base; c) with a trunk circumference of 180 cm or greater measured at its base; or d) with a total circumference of all its trunks of 180 cm or greater measured at

its base.

Please contact the Council Arborists on 8290 1333 to ascertain if permission is required for tree removal or pruning or for further information and protection of trees during construction works.

E. Nothing in the permit hereby issued may be construed to allow the removal of,

damage to or pruning of any street tree without the further written consent of the Stonnington City Council. Contact the Council Arborists on 8290 1333 for further information.

F. The crossover must be constructed to Council’s Standard Vehicle Crossover

Guidelines unless otherwise approved by the Responsible Authority. Separate consent for crossovers is required from Council’s Building and Local Law Unit.

G. At the permit issue date, Section 69 of the Planning and Environment Act 1987

stated that the Responsible Authority may extend the periods referred to if a request is made in writing within the following timeframes:

i. Before or within 6 months after the permit expiry date, where the

development allowed by the permit has not yet started; and ii. Within 12 months after the permit expiry date, where the development

allowed by the permit has lawfully started before the permit expires.


4. PROPOSED ROAD DISCONTINUANCE OF LANEWAY BETWEEN 851-853 DANDENONG

ROAD AND 1 CLARENCE STREET MALVERN EAST

Asset Management Engineer: Tze-Sian Hor Manager Transport & Parking: Ian McLauchlan Interim General Manager City Environment: Rick Kwasek

PURPOSE

This report recommends the proposed discontinuance of the road between 851-853 Dandenong Road and 1 Clarence Street, Malvern East.

BACKGROUND

The Road is shown outlined in red on the site plan (refer Attachment 2).

1A Clarence Pty Ltd ACN 620 889 410 (Applicant) is the registered proprietor of the property at 851-853 Dandenong Road, Malvern East 3145, being the land contained in certificate of title volume 9875 folio 048, shown in orange on the Site Plan (Applicant’s Property).

The Applicant has requested that Council commence the statutory process to discontinue the Road and transfer the discontinued Road to the Applicant. The Applicant has agreed to pay Council’s costs and disbursements associated with carrying out the proposal to discontinue the Road and transfer the former Road to the Applicant (Proposal).

An investigation of the records available, indicates that the Road is on title in the name of the original subdivider. A site inspection supports that the land has been included as part of the Applicant’s Property for a significant period of time. The Road is incorporated into the car park of the Applicant’s Property and there is no through way for traffic. The Road is not constructed to Council standards and was not constructed by Council.

DISCUSSION

Road Status

The Road is shown as a ‘road’ on title and is therefore a road which Council has the power to consider discontinuing pursuant to the Act. If the Road is discontinued, the land will vest in Council.

The Road is listed on Council’s Register of Public Roads. It is considered that the Road is no longer required for general public use as the Road is:

not constructed as a road;

used primarily as part of a private car park on the Applicant’s Property and has been used for this purpose for some time; and

not used as a thoroughfare for traffic.

Adjoining Owners

The Road also abuts the property known as 1 Clarence Street, Malvern East (Adjoining Property), being the whole of the land contained in certificate of title volume 5865 folio 830, shown outlined blue on the Site Plan.

The Applicant was required to seek consent to the Proposal from Hev Pty Ltd, being the registered proprietor of the Adjoining Property (Adjoining Owner). On 24 August 2018, the Adjoining Owner provided its written consent to the Proposal, refer Attachment 3.


Site Inspection

A site inspection was conducted by Reeds Consulting on 2 April 2019 and the appropriate plans were prepared for the proposal. The plan at Schedule 1 shows the Road in the format required for a public notice.

The site inspection notes that:

a low brick wall along Clarence Street, Malvern East prevents direct access to the Road, and has done so for more than 20 years;

the Road is being used as a private car park for the Applicant’s Property; and

the Road is constructed with bitumen as a car park.

A copy of the site inspection report is attached to this Report as Attachment 4.

Public Authorities

In addition to Council, the relevant statutory authorities have been advised of the proposed discontinuance of the Road and have been asked to respond as to whether they have any existing assets in the Road, which should be saved under section 207C of the Act. Council, Melbourne Water, CitiPower, Multinet Gas, Telstra, Optus, and APA Gas have advised that they do not have assets in or above the Road and do not object to the Proposal.

Yarra Valley Water advised in writing:

on 1 February 2019, that it objected to the Proposal on the basis that it had a sewer main located in the Road;

on 2 May 2019, that it required an easement of 2.5 metres by 1.55 metres be created in its favour over the Road. The easement is now included on the title plan of the Road; and

on 28 May 2019, that it no longer objected to the Proposal.

Copies of the correspondence from Yarra Valley Water are contained in Attachment 5.

Any rights to existing assets which are required by the statutory authorities to be saved under section 207D of the Act, will be saved in any transfer of the Road.

PUBLIC NOTICE

Before proceeding, Council must give public notice of the proposed discontinuance in accordance with section 223 of the Act. The Act provides that a person may, within the date specified in the public notice (being a date not less than 28 days after the date of publication of the public notice) lodge a written submission re: the Proposal.

Where a person has made a written submission to Council requesting that he/she be heard in support of the written submission, Council must permit that person to be heard before a meeting of Council or the Committee that has delegated authority to hear those submissions, giving reasonable notice of the date, time and place of the meeting.

After hearing any submissions, Council must determine whether the Road is reasonably required for general public use, in order to decide whether the Road should be discontinued.

CONDITIONS OF DISCONTINUANCE AND SALE

If the Road is discontinued and sold to the Applicant, Council will require the Applicant to consolidate the title to the Road with the title to 851-853 Dandenong Road, Malvern within 12 months of the date of transfer of the Road to the Applicant, at its own cost.

POLICY IMPLICATIONS

The proposal does not conflict with Council’s policies.


FINANCIAL AND RESOURCES IMPLICATIONS

The Applicant has agreed to acquire the Road for the current market value of $100K (plus GST), and also agreed to pay Council’s costs and disbursements associated with carrying out the proposed discontinuance and sale of the Road. Removal of the Road from Council’s Register of Public Roads means that Council will no longer be responsible for the future inspection and maintenance of the Road as specified in Council’s Road Management Plan.

LEGAL ADVICE & IMPLICATIONS

Maddocks Lawyers will prepare and review relevant documentation in relation to this matter.

CONCLUSION

As the Road is not required for general public use, it is reasonable to remove it from Council’s Register of Public Roads and commence the required statutory procedures to consider the discontinuance and sale of the Road to the Applicant.

HUMAN RIGHTS CONSIDERATION

This recommendation complies with the Charter of Human Rights and Responsibilities Act 2006.

ATTACHMENTS

⇩ 1. 851-853 Dandenong Road - Title Plan

⇩ 2. 851-853 Dandenong Road - Site Plan

⇩ 3. 851-853 Dandenong Road - Consent of Adjoining Owner

⇩ 4. 851-853 Dandenong Road - Site Inspection Report

⇩ 5. 851-853 Dandenong Road - Correspondence from Yarra Valley Water

RECOMMENDATION

Council Resolution to Remove Road from Council’s Register of Public Roads

That Council acting under section 17(4) of the Road Management Act 2004 resolves that the road abutting 851-853 Dandenong Road and 1 Clarence Street, Malvern East, which is shown as lot 1 on the plan contained in Attachment 1 to this Report, being part of the land contained in certificate of title volume 2105 folio 857, be removed from Council’s Register of Public Roads on the basis that the road is no longer reasonably required for general public use for the reasons set out in the report.

Council Resolution to Commence Statutory Procedures

That Council acting under clause 3 of Schedule 10 of the Local Government Act 1989 (“Act”):

1. resolves that the statutory process be commenced to discontinue the Road;

2. now directs that under sections 207A and 223 of the Act, public notice of the

proposed discontinuance of the Road be given in the “Stonnington Leader”

newspaper;

3. directs that the public notice required to be given under sections 207A and

223 should state that if the Road is discontinued, Council proposes to sell the

land to the adjoining owners for market value; and

4. appoints a committee of Council to consider any submissions received

pursuant to section 223 of the Act at a meeting to be held at a place, time and


date to be advised.

ITEM 4 ATTACHMENT 1 851-853 DANDENONG ROAD - TITLE PLAN

ITEM 4 ATTACHMENT 2 851-853 DANDENONG ROAD - SITE PLAN

ITEM 4 ATTACHMENT 3 851-853 DANDENONG ROAD - CONSENT OF ADJOINING OWNER

ITEM 4 ATTACHMENT 4 851-853 DANDENONG ROAD - SITE INSPECTION REPORT

ITEM 4 ATTACHMENT 5 851-853 DANDENONG ROAD - CORRESPONDENCE FROM YARRA VALLEY WATER


5. PROVISION OF TEMPORARY RESIDENTIAL PARKING PERMIT ON COMPASSIONATE

GROUNDS

Parking Services Coordinator: Brian Rogers Manager Transport & Parking: Ian McLauchlan Interim General Manager City Environment: Rick Kwasek

PURPOSE

The purpose of this report is to consider an application for a temporary residential parking permit, on compassionate grounds, at a building excluded from the residential parking scheme by a Council Resolution.

BACKGROUND

A multi-unit development in Cromwell Road South Yarra was denied access to the Resident Parking Permit scheme as per the Council Resolution of 19 March 2007, which removed access to resident parking scheme for subsequent multi-unit developments where more than 1 additional dwelling was built on the site.

DISCUSSION

An application has been received, on compassionate grounds, from a resident of a development in Cromwell Road for a temporary Residential Parking Permit. Due to the resolution of 19 March 2007 officers are unable to issue the requested permit.

The applicant’s wife is under palliative care and relatives/friends are finding it hard to visit due to the parking restrictions in the immediate area.

If Council was willing to issue a permit in this instance, it is suggested a six month duration should apply, with a renewal being subject to further decision of the Chief Executive Officer. The permit will become invalid if palliative care is no longer required to the property.

POLICY IMPLICATIONS

The granting of this permit may create a precedent contrary to the intention of Council Resolution to exclude multi-unit developments from the Residential Parking Permit Scheme. It should be noted that medical evidence will be required to support the request.


Nil.


Council officers have no authority to overturn a Council Resolution, rather requires a further resolution allowing the issuing of a permit on this occasion.

CONCLUSION

A Council Resolution passed on 19 March 2007 excludes the properties in the development at Cromwell Road from participating in the Resident Parking Permit Scheme.

A further Council Resolution is required allowing the issuing of a permit on this occasion with consideration on companionate grounds. It should be noted that medical evidence will be required to support any future requests.




RECOMMENDATION

That Council:

1. AUTHORISE officers to issue 1 temporary resident parking permit applying for 6 months, to the resident in Cromwell Street South Yarra who is requiring special consideration on compassionate grounds.

2. APPROVE the CEO as Council’s delegate to have authority to determine future applications on compassionate grounds to excluded properties.


6. SHOPPING PRECINCT GATEWAY SIGN UPGRADES

Landscape Architect: Alex Hogan Manager Parks & Environment : Simon Holloway Interim General Manager City Environment: Rick Kwasek

PURPOSE

This report seeks Council endorsement of new style shopping precinct gateway signs and the proposal to install the new shopping precinct signs throughout the municipality.

BACKGROUND

There are 30 individual shopping precincts within Stonnington ranging in scale from larger Activity Centres, such as Chapel Street and Toorak Road, to smaller local areas, such as Punt Road, Fawkner and Station Street, Malvern. Each shopping precinct has its own unique character which is reflected in the public realm through individual branding, colour schemes, pavement types and furniture. Refer Attachment 1 for the locations of each shopping

precinct.

Regardless of their scale, each shopping precinct has a minimum of one gateway sign at the entrance to the precinct. These sign were installed many years ago to welcome visitors to and provide general wayfinding information, including a precinct’s name and location. The signs generally use a precinct’s specific colour scheme, branding and logos and are made from a decal sticker over an aluminium blade attached to a circular post. Refer to images on attachment 1 for examples of the existing signs.

Due to their age, the vast majority of existing signs are in poor condition, with faded graphics, damaged poles and some loose fittings. None of the existing signs display Council’s current logo and the form and detail of the signs are also somewhat dated. As such, an opportunity exists to replace these signs with a more contemporary form that provides a consistent sign style across Council, whilst maintaining the individual character of each shopping precinct. A review of existing sign locations will also be undertaken as part of the upgrade process.

DISCUSSION

A prototype for the new shopping precinct sign was developed in consultation with Council’s Communications, Economic Development, Building & Maintenance and Transport departments. Refer Attachment 2 for photos of the prototype.

The size of the new sign is relatively consistent with the existing signs and is considered to be a simple, clean and modern form that is easy to maintain. In order to retain the balance between consistent Council branding and the unique character of individual shopping precincts, the prototype consists of both ‘fixed’ elements, which are consistent across all signs and ‘variable’ elements, which incorporate the unique elements of an individual

shopping precinct.

Several trader associations within Stonnington have their own logo and branding. This branding is managed by the traders association, with little involvement from Council. For consistency, the proposed new gateway signs do not include trader association branding.

Consultation

Due to the significant quantity of individual shopping precincts within Stonnington, undertaking consultation for a single design across all precincts is problematic.


As such, Council officers are seeking endorsement of the proposed form and design logic for

the new signs, as discussed above. Following Council endorsement of the new sign, localised consultation with each individual shopping precinct, including specific trader association representatives, would take place on the ‘variable’ design elements to ensure their local identity and character is maintained and expressed in the new signs.

Notifications would be provided to surrounding residents and businesses prior to any installation works as per Council’s general requirements for construction notifications.


The cost for fabrication and installation of each individual sign is estimated to be $3,500. As there are around 65 signs currently requiring replacement across the municipality, there will be an estimated cost to Council of $227,500 to fund the roll out of the signage. Noting there is an economic benefit in rolling out the signs concurrently.

An indicative budget of $40K per annum is available from Council’s existing Minor Shopping Precinct Upgrades budget, and should Council choose to endorse the roll out of these signs additional budget over the 2019/20 and 2020/21 years will be sought. Priority will be given to shopping precincts where the existing signs are in very poor condition, where other streetscape upgrades are taking place, and within precincts that have a significant volume of foot traffic.


There are no known legal implications associated with this Council decision.

CONCLUSION

The estimated 65 existing shopping precinct gateway signs within Council’s 30 individual shopping precincts are in poor condition, appear dated, and do not display Council’s current logo and branding style.

New shopping precinct gateway signs have been developed which are a contemporary form, convey Council’s current branding, provide consistent design across the municipality, whilst also referencing each precinct’s individual character.

Officers are seeking Council endorsement of the form of the new sign in order to undertake consultation with specific shopping precincts on the variable elements of the sign only and to

then commence a roll-out program across the municipality.



ATTACHMENTS

⇩ 1. Attachment 1 - Precinct gateway sign images

⇩ 2. Attachment 2 - New Precinct Signage Rev2

RECOMMENDATION

That Council ENDORSE the form of the new shopping precinct gateway signs for all of Stonnington’s shopping precincts, and the proposed roll-out of the new signs across the municipality.

ITEM 6 ATTACHMENT 1 ATTACHMENT 1 - PRECINCT GATEWAY SIGN IMAGES

ITEM 6 ATTACHMENT 2 ATTACHMENT 2 - NEW PRECINCT SIGNAGE REV2

council meeting notice paper - city of stonnington · 9/30/2019 · notice paper monday 30...

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