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Page 1: MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD …minutes of the ordinary meeting of the monash city council held on 27 october 2015 . 1. minutes of the ordinary meeting of the monash

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MINUTES OF THE ORDINARY MEETING OF

COUNCIL

HELD ON 27 OCTOBER 2015

at 7.30 pm

Clayton Community Centre Cooke Street, Clayton

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MINUTES OF THE ORDINARY MEETING OF THE MONASH CITY COUNCIL HELD AT CLAYOTN COMMUNITY CENTRE COOKE STREET CLAYTON

ON TUESDAY 27 OCTOBER 2015 AT 7.30 PM.

PRESENT: Councillors K Nolan (Deputy Mayor), R Davies, M Drieberg, G Lake, B Little, J Lo, S Perri, B Pontikis, T Zographos

APOLOGIES: Cr P Klisaris (Mayor) and Cr R Paterson. ACTING CHAIRPERSON In the absence of the Mayor, the Deputy Mayor, Cr Nolan became the Acting Chairperson. DISCLOSURES OF INTEREST

Cr Drieberg (Item 7.1), Cr Perri (Item 7.1), Cr Lo (Item 4.12), Cr Pontikis (Item 4.4), Cr Zographos (Item 4.6)

CONFIRMATION OF MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 29 SEPTEMBER 2015 & SPECIAL MEETING OF 22 SEPTEMBER 2015

Moved Cr Lo, Seconded Cr Little

That the minutes of the Ordinary Meeting of the Council held on 29 September 2015, and the Special Meeting held on 22 September 2015, be taken as read and confirmed.

CARRIED

RECEPTION AND READING OF PETITIONS, JOINT LETTERS & MEMORIALS

Nil

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PUBLIC QUESTION TIME

The Mayor advised that 16 questions had been received. Two of the submitters were not present and the Acting Chairperson advised that they would receive a written response from the Council.

OFFICERS’ REPORTS

1. COMMUNITY DEVELOPMENT & SERVICES 1.1 Festivals Review Moved Cr Little, Seconded Cr Pontikis

That Council: 1. Continues to deliver the Australia Day Flag Raising Ceremony, in conjunction

with the Australia Day Citizenship Ceremony; 2. Continues to deliver the NAIDOC Week Opening Event and Flag Raising

Ceremony; 3. Reconfigures the 2016-17 festivals and events operating budget to deliver: a. Carols by Candlelight; b. Summer Concert Series (3 concerts); c. Clayton Street Festival; d. Winter Concert Series (4 concerts); and e. Ashwood Neighbourhood Event; and 4. Continues to provide funding to support the delivery of the Oakleigh Greek

Glendi and the Chinese New Year & Lantern Festival.

Cr Perri said that she could not support the report as it represented the first nail in the coffin of the Oakleigh Festival, which had a very long history, stretching back to 1896 or earlier. Cr Perri said that she supported the Glendi Festival but was disappointed to see that the Oakleigh Festival, which had been supported by Oakleigh traders, possibly ending after 2016. She added that she would seek Councillors’ support for reconsideration of this decision. Cr Zographos commended Cr Perri’s position on festivals in Oakleigh, saying that events with a high participation rate should be supported by the Council and did not support the motion. He noted that the Glendi Festival had a very high attendance and had attracted State Government funding.

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Cr Davies said that the matter related to fairness in relation to the distribution of festivals across the municipality.. He noted that Oakleigh Ward had 3 festivals, Mulgrave Ward had Carlos By Candlelight, but Mount Waverley Ward had 1 small festival. He said that he preferred to see Mount Waverley Ward have a community festival and sais that the Glendi Festival appeared to have more community support than the Oakleigh Music Festival. Cr Lake said that he agreed with Cr Davies and the Council needed to restrain its festivals spending, having increased that expenditure in 2015/16. He said that he was happy to support either the Oakleigh or Glendi Festivals, but not both. Council would have rate capping next year. The Oakleigh Music Festival was poorly attended and the Glendi Festival should be considered the ‘Oakleigh festival’. He added that he was pleased that the Council supported the Chinese New Year and Lantern Festival, which was the best attended and value for money event that the Council supported. Cr Lo said that festivals ranked high in Council’s community satisfaction surveys and over 70,000 people attend the Chinese New Year Lantern Festival, which attracts a broad section of the community. He added that he was pleased that the Ashwood Neighbourhood Event would continue to be supported. Cr Lo said that festivals strengthen community pride and cohesion and that he supported the motion. In response to Cr Lake's comment that the Glendi could now be considered the Oakleigh FestivalCr PerriI said that in no way was she meaning to pitch one festival against the other because she wholeheartedly support both, but sought clarification on Cr Lake's suggestion that the Glendi now be considered the Oakleigh Festival, Cr Perri asked for a clarification hetween the two festivals and their funding. The Director advised that the Oakleigh community festival which was being funded for $50,000 was an official Council-run festival. The Glendi festival which was being funded with $70,000 was a council sponsored event. The Director Community Development and Services, in responding to a question from Cr Perri, advised that it was proposed that Glendi receive $70,000 funding and the Oakleigh Music Festival would receive $50,000.

CARRIED DIVISION

For: Crs Davies, Drieberg, Lake, Little, Lo, Nolan, Pontikis Against: Crs Perri and Zographos

1.2 Eaton Mall Trading Access Policy Moved Cr Perri, Seconded Cr Lo

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That Council: 1. Adopts the amended Eaton Mall Footpath Trading Policy to enable the

staging of private events by Traders and Community groups in Eaton Mall 2. Endorses the Special Event Operational Guidelines 3. Approves the use of the EOI (expression of interest form)

Cr Perri said that the policy would allow for community events to be held in the Mall, under strict conditions. This would benefit both the community and Mall traders. Cr Zographos said that some traders had conducted private events in the Mall that had not had Council consent. The amended policy would ensure public safety. Cr Zographos said that while he supported the motion, he said that the key issue was enforcement; traders were flouting the requirements of their trading permits and visitors were parking their motorbikes in the Mall, contrary to restrictions. He said that the Mall was now a tourist attraction and destination. He added that the stage could be better used or replaced with a play space for children. Cr Perri commenced to make a statement. POINT OF ORDER Cr Zographos sought clarification on whether Cr Perri was exercising her Right of Reply and whether it would conclude deliberations on the item. The Acting Chairperson confirmed that was correct. RIGHT OF REPLY Cr Perri clarified that she was seeking to exercise her right of reply. She noted that under the current policy, the stage could not be used, whereas the amended policy would allow for that. Cr Perri said that she agreed that the redevelopment had enhanced the cafe culture, but that had been in existence, due to the hard work of the traders, prior to the Mall’s redevelopment.

CARRIED 2. CORPORATE SERVICES 2.1 Revised Contract Sum - Tender For Supply, Installation and Support of Wide Area

Network and Fixed Fibre Moved Cr Pontikis, Seconded Cr Little

That Council:

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1. Notes the recent work done by the Information Technology department to re-negotiate the specification for Wide Area Network services;

2. Approves the revised contract sum of $870,624 (GST inclusive) from TPG Telecom Limited for supply, installation, configuration and ongoing maintenance for 3 years, of a Wide Area Network under contract CF2014152; which represents an increase of $127,676 or 17% over a three year period;

3. Authorises the Chief Executive Officer to execute the contract on behalf of Council.

CARRIED

3. INFRASTRUCTURE SERVICES 3.1 Car Parking : Glen Waverley Activity Centre Moved Cr Lake, Seconded Cr Nolan

That Council, after reviewing the parking surveys undertaken around the major parking areas within the Glen Waverley Activity Centre:

1. Changes the parking restrictions in the Euneva East Parking Area (multi-deck)

to allow 5-hour parking and trader parking on Level 4 (59 spaces). The parking restrictions on the other levels will remain as per current arrangements, and not include Sundays.

2. Alters the restrictions in the Euneva West Parking Area to create an additional 18 x 5-hour parking spaces and include Sundays (as shown on Attachment A) to assist short-term rail and longer-term shoppers in the central part of the car park.

3. Further explores trader preferences for extending the operating hours of parking restrictions in the Glen Waverley Activity Centre areas, including Sundays to preserve the ability of customers to access prime parking areas on all days.

CARRIED 4. CITY DEVELOPMENT 4.1 Amendment C120 To The Monash Planning Scheme: Response To Submission

Implementation of The Glen Waverley Activity Centre Structure Plan Moved Cr Nolan, Seconded Cr Little

That Council:

1. Notes the submissions received

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2. Requests the Minister for Planning appoint an independent Panel to consider the submissions and Amendment C120 to the Monash Planning Scheme.

3. Refers all submissions received to Amendment C120 to the Panel appointed by the Minister for Planning.

4. Notifies all submitters to the Amendment of Council’s decision in this Amendment.

AMENDMENT

Moved Cr Lake, Seconded Cr Lo

That Council:

5. Notes the submissions received

6. Modifies the Amendment documentation to incorporate the following changes:

a. Reduce the maximum building heights proposed for Built Form areas 1 (east side of Springvale Road, between High Street Road and Hogan Road) from 4 to 6 storeys to 3 to 4 storeys with a maximum height of 13.5 metres

b. Reduce the maximum building heights proposed for Built Form areas J (the Mountain View Hotel site) from 4 to 8 storeys to 3 to 4 storeys with a maximum height of 13.5 metres.

7. Adopts the above changes as an addendum to the Glen Waverley Structure Plan 2014 adopted by Council on 30 September 2014.

8. Requests the Minister for Planning appoint an independent Panel to consider the submissions and Amendment C120 to the Monash Planning Scheme.

9. Refers all submissions received to Amendment C120 to the Panel appointed by the Minister for Planning.

10. Notifies all submitters to the Amendment of Council’s decision in this Amendment.

Cr Lake noted the resident feedback and concerns and explained the changes contained in his amendment. He added that residents on the east side of Springvale Road were concerned about the height limits proposed and he agreed with those concerns. He said that the area abuts but is not part of the Glen Waverley Activity Centre. Cr Lake also expressed concerns regarding the proposed height envelope for the Mountain View Hotel and noted that the topography of the area would mean that the impact of a 6 to 8 storey development would be increased. He noted that the site was owned by ALH, and he did not want it to profit from any changes made or actions taken by the Council. Cr Davies said that he had spoken to residents, who had expressed their concerns to him about the proposed height limits and he supported the amendment.

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Cr Lo said that he supported the amendment. He said that his real concern was the absence of a left turn slip lane on the east side of Springvale Road, into High Street Road. This situation created traffic and safety issues.

CARRIED

SUBSTANTIVE MOTION

The motion, as amended, became the Substantive Motion and was put to the vote and declared carried.

CARRIED

DIVISION For: Crs Drieberg, Lake, Little, Lo, Nolan, Perri, Pontikis Against: Davies and Zographos

4.2 Consideration of Submissions To Monash Planning Scheme Amendment C125 -

Implementation Of The New Residential Zones Moved Cr Little, Seconded Cr Drieberg

That Council:

1. Notes the submissions received.

2. Modifies Amendment C125 in accordance with the changes recommended in this report.

3. Request the Minister for Planning appoint a Panel to consider the submissions and Amendment C125 to the Monash Planning Scheme.

4. Refer all submissions received, including any late submissions, to Amendment C125 to the Panel appointed by the Minister for Planning.

5. Notify all submitters to the Amendment of Council’s decision in this Amendment, including the proposed transitional arrangements.

Cr Lake said that the community had expressed its views on the proposed zones; some supported them and others were strongly opposed. He said that he did not support the motion and foreshadowed a procedural motion. He added that he was concerned that the proposal attempted to do too much, although he understood that it was seeking to address, in part, the inappropriate development that the Planning Scheme allowed. Cr Lake said that despite that, it was not a satisfactory approach. He said that his biggest concern was with the proposed setback requirements, which went too far and he was not convinced that the consequences of the ‘stacking’ of the proposals had been fully understood. Cr

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Lake also expressed concern about the Dandenong Creek escarpment boundary and how this had been determined.

PROCEDURAL MOTION

Moved Cr Lake, Seconded Cr Lo

1. Having considered the officers report and submissions from the community, Council resolves to defer item 4.2 (in relation to amendment C125 of the Monash Planning Scheme) to allow further consideration of the various and important issues which have been raised by many members of the community.

2. In taking this decision to defer, Council recognises that: a. everyone in the Monash community is impacted by this amendment and there

is unlikely to be a more far-reaching decision which Council makes so it is important to get it right;

b. there are strong views in the community both in favour of the proposed changes and also against them;

c. there appear to be some misconceptions around how the current planning scheme works and how some of the proposed changes may or may not operate; and

d. the community, and ultimately the Monash Planning Scheme, will benefit from a process which seeks to further work through matters of uncertainty or which are contested with a view to striking the right balance between protecting existing residential amenity and allowing appropriate future development in Monash.

3. As part of this deferral, Council gives notice of its intent to give particular and further

consideration to the following matters: a. whether rear and side setbacks should be retained as currently proposed; b. whether the proposed Dandenong Creek escarpment is appropriately

configured; c. whether the proposed controls for the NRZ1, NRZ2, NRZ3 and NRZ4 are

effective in providing appropriate and the desired protection for these areas; d. whether a minimum 60m2 requirement of private open space is appropriate;

and e. whether additional controls should be introduced specifically for single

dwellings.

4. In recognition of the far reaching and significant implications of any zoning changes which are ultimately made to the Monash Planning Scheme as part of this process, Council resolves to do the following:

a. Request that officers provide clear schematic examples demonstrating the impacts of the proposed changes in each of the proposed new zones, showing ‘before’ and ‘after’ potential development opportunities for the following:

i. a conventionally dimensioned 800 m2 residential block; ii. a conventionally dimensioned 750 m2 residential block;

iii. a conventionally dimensioned 700 m2 residential block

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iv. a conventionally dimensioned 650 m2 residential block; v. a conventionally dimensioned 600 m2 residential block;

vi. a conventionally dimensioned 550 m2 residential block; vii. a conventionally dimensioned 400 m2 residential block;

viii. corner allotments based on the above sizes; and ix. a range of irregular dimensioned blocks.

b. Arrange an independent review of the proposed changes and seek advice in relation to the following:

i. whether the proposed changes are likely to assist or hinder in meeting Monash’s obligations pursuant to the State Government’s metropolitan planning policies and Council’s obligation to plan appropriately to accommodate the target population growth allocated to Monash in coming years;

ii. whether the proposed changes are likely to have any impact on housing affordability; and

iii. whether the proposed changes are likely to have any impact on increasing or decreasing the stock of housing choice in Monash.

c. Engage a specialist, leading edge and innovative communications expert (who is firstly and foremostly a communications expert rather than from a town planning background) to assist Council in conducting further effective ‘plain-English’ community conversations in relation to the proposed new zones.

d. Write to the following organisations and ask for their response to the officer’s recommended report, and to the matters identified for further consideration identified in point 2, and invite them to meet with Council to discuss these matters further:

i. Friends of Damper Creek Reserve; ii. Friends of Scotchmans Creek and Valley Reserve;

iii. Friends of Dandenong Valley; iv. Housing Industry Association; and v. Urban Development Institute of Australia.

e. Write to all residents and ratepayers in plain-English and non-planning technical jargon (assisted by the communications expert) informing them of Council’s decision to give further consideration to these matters and advising how they can participate in the process. This should include appropriate examples of the schematic indications prepared in response to point 4(a) above and invite further submissions from the community on the deferred officer report and in relation to the matters for further consideration identified in point 2.

5. Following completion of the steps outlined in points 3 and 4, Council gives notice of its intent to:

a. Resolve in-principle on an appropriate proposed way forward for the amendment by no later than February 2016;

b. Invite submissions from the community on this in-principle position during a period of formal public consultation in a similar manner to the process Council follows in adopting the annual budget (including with the opportunity for public verbal and written submissions); and

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c. Following consideration of all submissions received, make a final decision by no later than April 2016 on the form of the amendment to be submitted to consideration by the Planning Panel for the next steps in the amendment process to proceed.

CARRIED 4.3 945 Dandenong Road, Clayton: Development of A Two Storey Building Comprising

Ten Dwellings And Basement Carpark And Creation of Access To A Road Zone Category 1

Moved Cr Zographos, Seconded Cr Nolan

That Council resolves to Grant a Planning Permit (TPA/43532) for the development of a two storey building comprising ten dwellings and basement carpark and creation of access to a Road Zone Category 1, at 1945 Dandenong Road, Clayton subject to the following conditions:

1. Before the development starts, three copies of amended plans drawn to scale and

dimensioned, must be submitted to and approved by the Responsible Authority. The submitted plans must clearly delineate and highlight any changes. When approved the plans will be endorsed and will then form part of the permit. The plans must be generally in accordance with the plans submitted with the application, but modified to show:

a) The first floor overlooking treatments to state they are fixed to 1.7 metres and not more than 25% transparent.

b) The natural ground level shown and labelled clearly.

c) The Dwelling 8 study window and Dwelling 9 balcony treated in compliance with standard B23 of ResCode to limit internal views to habitable room windows and secluded private open space within the development.

d) The vehicle crossing widened to 5 metres and aligned with the driveway.

e) The two visitor car spaces clearly notated as visitor car spaces.

f) Automated gates or doors to the car stackers to be fully automated and linked to the car stacker operating system to ensure no inadvertent and unsafe access during the operation of the system.

g) Car stacker technical specifications to show: i. Independent operation for each parking space. ii. Minimum ground level overhead clearance of 1.8 metres. iii. Clear and useable platform width of at least 230 cm. iv. Minimum pit length of 520 cm. v. Loading weight per platform of at least 2,000 kg.

h) A corner splay or area at least 50% clear of visual obstruction (or with a height of less than 1.2m), which may include adjacent landscaping areas

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with a height less than 0.9 metres, extending at least 2.0 metres long x 2.5 metres deep (within the property) on both sides of each vehicle crossing to provide a clear view of pedestrians on the footpath of the frontage road.

2. The development as shown on the endorsed plans must not be altered without

the written consent of the Responsible Authority.

3. A landscape plan prepared by a Landscape Architect or a suitably qualified or experienced landscape designer, drawn to scale and dimensioned must be submitted to and approved by the Responsible Authority prior to the commencement of any works. The plan must show the proposed landscape treatment of the site including:- • the location of all existing trees and other vegetation to be retained on site • provision of canopy trees with spreading crowns located throughout the site

including the major open space areas of the development • planting to soften the appearance of hard surface areas such as driveways

and other paved areas • a schedule of all proposed trees, shrubs and ground cover, which will include

the size of all plants (at planting and at maturity), their location, botanical names and the location of all areas to be covered by grass, lawn, mulch or other surface material

• the location and details of all fencing • the extent of any cut, fill, embankments or retaining walls associated with the

landscape treatment of the site • details of all proposed hard surface materials including pathways, patio or

decked areas When approved the plan will be endorsed and will then form part of the permit.

4. Before the occupation of the buildings allowed by this permit, landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority.

5. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

6. Prior to the commencement of works on the site, the owner shall prepare a Waste Management Plan for the collection and disposal of garbage and recyclables for all uses on the site. The Waste Management Plan shall provide for: a) The method of collection of garbage and recyclables for uses; b) Designation of methods of collection including the need to provide for

private services or utilisation of council services; c) Appropriate areas of bin storage on site and areas for bin storage on

collection days; d) Measures to minimise the impact upon local amenity and on the operation,

management and maintenance of car parking areas;

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e) Litter management. A copy of this plan must be submitted to Council.

7. The walls on the boundary of adjoining properties shall be cleaned and finished in a manner to the satisfaction of the Responsible Authority.

8. Paling fences to a minimum height of 1.8 metres must be maintained along the north and east boundaries.

9. On site visitor car spaces must be clearly marked as visitor spaces.

10. The mechanical car stackers are to be maintained in good working order and be permanently available for the parking of vehicles in accordance with their purpose to the satisfaction of the Responsible Authority.

11. The development must be provided with a corner splay or area at least 50% clear of visual obstruction (or with a height of less than 1.2m), which may include adjacent landscaping areas with a height less than 0.9 metres, extending at least 2.0 metres long x 2.5 metres deep (within the property) on both sides of each vehicle crossing to provide a clear view of pedestrians on the footpath of the frontage road.

12. The proposed crossing is to be constructed in accordance with Council standards.

13. The redundant vehicle crossings on Stockdale Avenue are to be removed and replaced with kerb and channel. The footpath and nature strip are to be reinstated to the satisfaction of Council.

14. All onsite stormwater is to be collected from hard surface areas and must not be allowed to flow uncontrolled into adjoining properties.

15. Stormwater discharge is to be detained on site to the predevelopment level of peak stormwater discharge. Approval of any detention system is required by Council prior to works commencing.

16. Before the development starts, a site layout plan drawn to scale and dimensioned must be approved by the Responsible Authority. The plans must show a drainage scheme providing for the collection of stormwater within the site and for the conveying of the stormwater to the nominated point of discharge. The nominated point of discharge is the west of the property where the entire site’s stormwater must be collected and free drained via a pipe to the existing junction pit in the bend of Stockdale Avenue to Council Standards. (A new pit is to be constructed if a pit does not exist or is not a standard Council pit).

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If the point of discharge cannot be located then notify Council’s Engineering Division immediately.

17. This permit will expire in accordance with section 68 of the Planning and Environment Act 1987, if one of the following circumstances applies: • The development is not started before 2 years from the date of issue. • The development is not completed before 4 years from the date of issue. In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of the permit expiry date, where the development allowed by the permit has not yet started; or within 12 months of the permit expiry date, where the development has lawfully started before the permit expires.

NOTES- 1. The lot/unit numbers on the “Endorsed Plan” are not to be used as the official street

address of the property. Street numbering is allocated in accordance with Australian/New Zealand Standards 4819:2001- Rural and Urban Addressing. Any street addressing enquiries should be directed to Council’s Valuation Team on 9518 3615 or 9518 3210.

2. Building Permit approval for this development must take into consideration the

location of future subdivision boundaries and their compliance with the Fire Separation Provisions of the Building Code of Australia, including Separating Walls and Openings near Boundaries, as well as the requirements of the Building Regulations.

3. Building approval must be obtained prior to the commencement of the above approved works.

4. Any new drainage work within the road reserve requires the approval of the

Council’s Engineering Division prior to the works commencing. Three printed copies of the plans (A3-A1 size) for the drainage works must be submitted to and approved by the Engineering Division prior to the commencement of works. The plans are to show sufficient information to determine that the drainage works will meet all drainage conditions of the permit. A refundable security deposit of $3,000 is to be paid prior to the drainage works commencing.

5. Engineering permits must be obtained for new or altered vehicle crossings and for

new connections to Council pits and these works are to be inspected by Council (telephone 9518 3555).

6. The proposed vehicle crossing is within 1 metre of an existing Telstra pit. Approval

from Telstra is required as part of the vehicle crossing application process. 7. A drainage contribution will not be accepted in lieu of a detention system.

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8. Detention system requirements for the property are as follows: • Minimum storage = 6.59 cubic metres • Maximum discharge rate = 6.36 litres per second • Minimum orifice diameter if using orifice pit = 65 mm, otherwise install a Phillips

multi cell or similar to control outflow. CARRIED 4.4 1-13 Renver Road, Clayton: (Former Monash Development School) Application For

Development Plan Approval Moved Cr Nolan, Seconded Cr Lo

NOTE: Cr Pontikis disclosed an interest in this item, having been engaged by the applicant to act as a real estate agent, to contact adjoining property owners to determine their interest in selling their properties to the applicant. He left the Chamber at 8.57 pm and returned at 8.59 pm following the Council’s deliberation and vote on the item.

That Council resolves to approve the submitted Development Plan for 1-13 Renver Road, Clayton subject to the following minor modifications:

1. The Development Plan providing for retention of all vegetation rated as ‘moderate’ or ‘high’ in the 2013 Tree Logic Assessment.

2. The Landscape Plan amended to detail retention of significant vegetation rated as ‘moderate’ or ‘high’ in the 2013 Tree Logic Assessment.

3. Provision of an acoustic fence along the common boundary with 118-122 Wellington Road to attenuate noise impact from the adjoining church.

CARRIED 4.5 4 Brazilia Drive, Glen Waverley: Removal of Two Trees Moved Cr Little, Seconded Cr Lo

That Council resolves to Grant a Planning Permit (TPA/44623) for the removal of one tree at 4 Brazilia Drive, Glen Waverley subject to the following grounds:

1. Prior to removal of the tree, three copies of amended plans drawn to scale and

dimensioned, must be submitted to and approved by the Responsible Authority. The submitted plans must clearly delineate and highlight any changes. When approved the plans will be endorsed and will then form part of the permit.

The plans must be generally in accordance with the plans submitted with the application, but modified to show:

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a. The retention of Tree 1 – Ulmus procera (English Elm) located at the north-east corner of the lot.

b. Tree 2 – Lophostemon confertus (Queensland Brush Box) to be removed.

c. Replacement planting of one canopy tree on the lot.

2. The replacement planting as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

3. Replacement planting as shown on the endorsed plans must be completed within

6 months of removal of the tree to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority.

4. This permit will expire in accordance with section 68 of the Planning and

Environment Act 1987, if one of the following circumstances applies:

• The tree is not removed within 12 months from the date of issue. In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of the permit expiry date.

CARRIED 4.6 16-18 Dalgety Street, Oakleigh: Use and Development of A 5 Storey Apartment

Building (Reduced To 4 Storeys By A Condition of Permit) With Basement Car Park and A Reduction In The Visitor Car Parking Requirement

Moved Cr Little, Seconded Cr Nolan NOTE: Cr Zographos disclosed an interest in this item as he knows the owner of the subject property. He left the Chamber at 9.00 pm and returned at 9.01 pm following the Council’s deliberation and vote on the item.

That Council resolves to issue a Notice of Decision to Grant a Planning Permit (TPA/43999) for the development and use of the lot for a multi storey apartment building with basement carpark and a reduction in the visitor carparking requirement, at 16-18 Dalgety Street, Oakleigh subject to the following conditions:

1. Before the development starts, three copies of amended plans drawn to scale and dimensioned, must be submitted to and approved by the Responsible Authority. The submitted plans must clearly delineate and highlight any changes. When approved the plans will be endorsed and will then form part of the permit.

The plans must be generally in accordance with the plans submitted with the application, but modified to show:

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i) The overall building height reduced by 3.0 metres, achieved by the deletion of the fourth level (apartments 4.01 and 4.02) from the development;

j) The removal of all stores and clothes line facilities from street setback locations and their relocation so as not to be visible from the street.

k) The removal of front fencing along both Dalgety Street and Drummond Street to allow a visible landscaped setback around the perimeter of the building. Fencing adjacent to Apartment G.07 may remain and must be designed to the satisfaction of Council.

l) The removal of stairs to the balcony areas of G.02 and G.03 along Drummond Street.

m) The deletion and relocation of the bin enclosure proposed at the south east corner of the lot.

n) The relocation of the basement emergency stairs from adjacent to G.02 to a location adjacent to the north-west corner of the lot.

o) Separate storage facilities to be provided for each apartment within the development.

p) The redesign of apartment G.01 to:

• Relocate bedroom 1 window away from the main building foyer entry. No habitable rooms are permitted to rely on borrowed light.

• Remove the stairs leading to the front setback area and the apartment redesigned to create a raised balcony area which does not encroach into the 3 metre setback by more than 500mm.

q) The redesign of apartment G.08 to:

• Relocate bedroom 1 window away from the main building foyer entry. No habitable rooms are permitted to rely on borrowed light.

• Relocate the outdoor open space provision away from the street setback or alternatively provide a terrace/balcony area that does not encroach into the front setback by more than 500 mm.

r) The redesign of apartment G.03 to:

• Relocate bedroom 1 window and the south facing living window away from their location directly above the basement ramp entry, and the inclusion of a planter box or alternative architectural feature to soften the facade at this location.

s) A total of ten bicycle storage facilities to be provided on site. Bicycle Storage facilities must be available at basement level.

t) Details of proposed security entrance door to basement level including its location and proposed operation (e.g. key code, sensor).

u) South facing upper floor habitable room windows screened to mitigate downward views and views across the southern boundary. Screening techniques must be to the satisfaction of the responsible authority.

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v) The location and design of any required fire services, electricity supply, gas and water meter boxes discreetly located and/or screened to compliment the development.

w) The vehicle crossover widened to 3.0 metres at the property boundary.

x) Provision a corner splay or area at least 50% clear of visual obstructions (or with a height of less than 1.2 metres), which may include adjacent landscaping areas with a height of less than 0.9 metres, extending at least 2.0 metres long x 2.5 metres deep (within the property) both sides of the vehicle crossing to provide a clear view of pedestrians on the footpath of the frontage road.

y) On site visitor car spaces must be clearly marked (no visitor spaces are permitted to be accommodated within a stacker system).

z) A minimum of a one (1) metre wide extension to the blind aisle is at the northern ends of the basement car park.

aa) Car spaces 15 and 16 appropriately depicted on the plan (i.e. on centre ramp or separated by a drop in floor level between the east and west side of the car park). If a safety barrier or wall is required between them and along the ramp, this also must be shown on the plan. Car spaces 15 and 16 must be at least 2.9 metres wide.

bb) The redesign of apartments 1.06, 2.06 and 3.06 to relocate balconies away from the side setback and rear title boundary.

2. The development as shown on the endorsed plans must not be altered without the

written consent of the Responsible Authority. 3. Once the development has started it must be continued and completed to the

satisfaction of the Responsible Authority. 4. Prior to the commencement of works on the site, the owner shall prepare a Waste

Management Plan for the collection and disposal of garbage and recyclables for all uses on the site by private contractor. The Waste Management Plan shall provide for: a) The method of collection of garbage and recyclables for uses; b) Designation of methods of collection by private services; c) Appropriate areas of bin storage on site and areas for bin storage on collection

days; d) Measures to minimise the impact upon local amenity and on the operation,

management and maintenance of car parking areas; e) Litter management.

A copy of this plan must be submitted to and approved by the Responsible Authority. Once approved the Waste Management Plan will be endorsed to form part of the permit.

5. No goods must be stored or left exposed outside the building so as to be visible from

any public road or thoroughfare.

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6. No bin or receptacle or any form of rubbish or refuse shall be allowed to remain in

view of the public and no odour shall be emitted from any receptacle so as to cause offence to persons outside the land.

7. Before the development starts, a construction management plan must be prepared

and submitted to the Responsible Authority for approval. The plan must be to the satisfaction of the Responsible Authority. Once approved, the plan must be implemented to the satisfaction of the Responsible Authority. The plan must address the following issues:

a) measures to control noise, dust and water runoff;

b) prevention of silt or other pollutants from entering into the Council’s underground drainage system or road network;

c) the location of where building materials are to be kept during construction;

d) site security;

e) maintenance of safe movements of vehicles to and from the site during the construction phase;

f) on-site parking of vehicles associated with construction of the development;

g) wash down areas for trucks and vehicles associated with construction activities;

h) cleaning and maintaining surrounding road surfaces;

i) a requirement that construction works must only be carried out during the following hours: • Monday to Friday (inclusive) – 7.00am to 6.00pm; • Saturday – 9.00am to 1.00pm; • Saturday – 1.00pm to 5.00pm (Only activities associated with the erection

of buildings. This does not include excavation or the use of heavy machinery.)

8. No equipment, services, architectural features or structures of any kind, including

telecommunication facilities, other than those shown on the endorsed plans shall be permitted above the roof level of the building unless otherwise agreed to in writing by the Responsible Authority.

9. A landscape plan prepared by a Landscape Architect or a suitably qualified or

experienced landscape designer, drawn to scale and dimensioned must be submitted to and approved by the Responsible Authority prior to the commencement of any works. The plan must show the proposed landscape treatment of the site including:- • the location of all existing trees and other vegetation to be retained on site; • provision of canopy trees with spreading crowns located throughout the site

including the major open space areas of the development; • planting to soften the appearance of hard surface areas such as driveways and

other paved areas; • a schedule of all proposed trees, shrubs and ground cover, which will include the

size of all plants (at planting and at maturity), their location, botanical names

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and the location of all areas to be covered by grass, lawn, mulch or other surface material;

• the location and details of all fencing; • the extent of any cut, fill, embankments or retaining walls associated with the

landscape treatment of the site; • details of all proposed hard surface materials including pathways, patio or

decked areas.

When approved the plan will be endorsed and will then form part of the permit. 10. Before the occupation of the buildings allowed by this permit, landscaping works as

shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority.

11. Before the development permitted is completed, areas set aside for parked vehicles

and access lanes as shown on the endorsed plans must be:

a) constructed to the satisfaction of the Responsible Authority;

b) properly formed to such levels that they can be used in accordance with the plans;

c) surfaced with an all-weather sealcoat to the satisfaction of the Responsible Authority;

d) drained, maintained and not used for any other purpose to the satisfaction of the Responsible Authority;

e) line-marked to indicate each car space and all access lanes to the satisfaction of the Responsible Authority.

f) Parking areas and access lanes must be kept available for these purposes at all times.

12. The layout of the development shall follow the Design Standards for car parking set

out in Clause 52.06-8 of the Monash Planning Scheme as detailed below:

a) Driveway to be at least 3 metres wide.

b) Access way to provide at least 2.1m headroom beneath overhead obstructions.

c) Driveway gradient to be no steeper than 1 in 10 (10%) within 5 metres of the frontage to ensure safety for pedestrians and vehicles.

d) Minimum requirements for parking space dimensions to be in accordance with Table 2. Car space 9 must be at least 2.6 metres wide.

e) Ramp grades (except within 5 metres of the frontage) to be designed as follows: i. Maximum grade of 1 in 4. ii. Provision of minimum 2.0 metre grade transitions between different section

of ramp or floor for changes in grade in excess of 12.5% (summit grade change) or 15% (sag grade change).

f) Where parking spaces are in a tandem arrangement, an additional 500mm in length must be provided between each space.

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g) Clearance to car parking spaces to be in accordance with Diagram 1 in relation to the placement of a wall, fence, column, tree, tree guard or any other structure that abuts a car space.

h) Any projection of a structure into a car space (excluding storage) to be a minimum height of 2.1m above the space.

13. Bicycle parking facilities shall generally follow the design and signage requirements

set out in Clause 52.34 of the Monash Planning Scheme.

14. Before the development starts, a site layout plan drawn to scale and dimensioned must be approved by the Responsible Authority. The plans must show a drainage scheme providing for the collection of stormwater within the site and for the conveying of the stormwater to the nominated point of discharge. The nominated point of discharge is the north-east corner of the property where the entire site’s stormwater must be collected and free drained via a pipe to the 300 mm Council drain via a 900mm x 600mm junction pit to be constructed to Council Standards. Note: if the point of connection cannot be located then notify Council’s Engineering Department immediately.

15. All on-site storm water is to be collected from hard surface areas and must not be

allowed to flow uncontrolled into adjoining properties. The on-site drainage system must prevent discharge from all driveways onto the footpath. Such a system may include either: a) trench gate (150 mm minimum internal width) located within the property;

and/or b) shaping the driveway so that water is collected in a grated pit on the

property; and or c) another Council approved equivalent.

16. Storm water discharge is to be detained on site to the predevelopment level of peak

stormwater discharge. Approval of any detention system is required by the City of Monash, the Responsible Authority, prior to works commencing.

17. The drainage and sewerage easement extending along the southern boundary must

be removed at the time of subdivision. 18. All new crossings are to be no closer than 1.0 metre measured at the kerb to the edge

of any power pole, drainage or service pit, or other services. Approval from affected service authorities is required as part of the vehicle crossing application process.

19. No less than 25% of the mechanical car parking spaces to accommodate a vehicle

clearance height of at least 1.8 metres. 20. Car stacker modules are required to cater for the following:

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a) Independent operation for each parking space. b) A minimum ground level overhead clearance of 1.8 metres. c) A car/van up to 175cm height on the upper level d) A clear/usable platform width of at least 230cm. e) Minimum pit length of 520cm. f) Loading weight per platform of at least 2000kg.

21. All access points to the system require the provision of a gate/door which is to be fully

automated and linked to the car stacker operating system to ensure that there is no inadvertent access during the operation of the system.

22. The mechanical car stackers are to be maintained in a good working order and be

permanently available for the parking of vehicles in accordance with their purpose, to the satisfaction of the Responsible Authority.

23. Plans for the car stacker detail design and associated features are required to the

satisfaction of the Responsible Authority generally in accordance with the Traffic Impact Report (Ratio, June 2014) submitted with the application.

24. No less than 1 car space must be provided on the land for each dwelling. Any future

subdivision of the approved development must provide allocation of 1 car space per dwelling on Title to the satisfaction of the Responsible Authority.

25. The amenity of the area must not be detrimentally affected by the use or

development, through the: a) transport of materials, goods or commodities to or from the land; b) appearance of any building, works or materials; c) emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam,

soot, ash, dust, waste water, waste products, grit or oil; d) presence of vermin.

26. No equipment, services, architectural features or structures of any kind, including

telecommunication facilities, other than those shown on the endorsed plans shall be permitted above the roof level of the building unless otherwise agreed to in writing by the Responsible Authority.

27. This permit will expire in accordance with section 68 of the Planning and Environment

Act 1987, if one of the following circumstances applies: • The development is not started before 2 years from the date of issue. • The development is not completed before 4 years from the date of issue. In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of the permit expiry date, where the development allowed by the permit has not yet started; or within 12 months of the permit expiry date, where the development has lawfully started before the permit expires.

NOTES-

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1. Building approval must be obtained prior to the commencement of the above

approved works. 2. Building Permit approval for this development must take into consideration the

location of future subdivision boundaries and their compliance with the Fire Separation Provisions of the Building Code of Australia, including Separating Walls and Openings near Boundaries, as well as the requirements of the Building Regulations.

3. In the event that any parking restrictions are introduced in the surrounding area, this

development will not be granted resident parking permits. 4. Any new drainage work within the road reserve requires the approval of the City of

Monash’s Engineering Division prior to the works commencing. Three copies of the plans (A3-A1 size) for the drainage works must be submitted to and approved by the Engineering Division prior to the commencement of works. The plans are to show sufficient information to determine that the drainage works will meet all drainage conditions of the permit. A refundable security deposit of $3,000 is to be paid prior to the drainage works commencing.

5. Engineering permits must be obtained for new or altered vehicle crossings and for

connections to Councils drains / Council pits / kerb & channel and these works are to be inspected by Council (telephone 9518 3690).

6. Storm water detention requirements may be obtained from Council’s Engineering

Department prior to the design of any stormwater detention system. 7. An onsite detention system for storm events up to the 1% AEP event to be retained on

site for the basement car park. The detention system for the basement is to be separated from the detention system for the property, which is to be at ground level and discharge by gravity.

A Licensed Surveyor or Civil Engineer (who is a Registered Building Practitioner) must certify that the stormwater detention system including all levels, pits, pipes and storage volumes is constructed in accordance with the approved plans. The certifier’s registration number must be included on the certificate.

8. Detention system requirements for the property are as follows:

• Minimum storage = 7.72 cubic meters • Maximum discharge rate = 8.5 litres per second • Minimum orifice diameter if using orifice pit = 65mm, otherwise install a Phillips

multi cell or similar to control outflow.

9. Disabled access to the building must comply with the Disability Discrimination Act (1992).

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10. All work carried out to provide disabled access must be constructed in accordance with Australian Standards Design for Access and Mobility AS1428.1 – 2009. Further enquiries should be directed to Council’s Building Unit on 9518 3555.

CARRIED 4.7 20 Euston Road, Hughesdale: Front Fence and Half Circular Driveway In Heritage

Overlay Moved Cr Drieberg, Seconded Cr Lake

That Council resolves to Grant a Planning Permit (TPA/44564) to construct a front fence in a Heritage Overlay at 20 Euston Road, Hughesdale subject to the following conditions:

1.

Before the development starts, three copies of amended plans drawn to scale and dimensioned, must be submitted to and approved by the Responsible Authority. When approved the plans will be endorsed and will then form part of the permit.

The plans must be generally in accordance with the plans submitted with the application, but modified to show:

cc) Deletion of the half circular driveway and all associated paving;

dd) The fence extended across the frontage, except for an opening for the western driveway access; and

ee) a schedule of construction materials, external finishes and colours.

2.

The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

3.

Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

4.

Prior to the commencement of the development, a schedule of construction materials, external finishes and colours must be submitted to, and approved by, the Responsible Authority. When approved, the schedule will be endorsed to form part of the permit.

5.

This permit will expire in accordance with section 68 of the Planning and Environment Act 1987, if one of the following circumstances applies: • The development is not started before 2 years from the date of issue. • The development is not completed before 4 years from the date of issue. In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of the permit expiry date, where the development allowed by the permit has not yet started; or within 12 months of the permit expiry date, where the development has lawfully started before the permit expires.

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NOTES- 1.

Building approval must be obtained prior to the commencement of the above approved works. AMENDMENT Moved Cr Pontikis, Seconded Cr Perri

That Council resolves to Grant a Planning Permit (TPA/44564) to construct a front fence and a half circular driveway in a Heritage Overlay at 20 Euston Road, Hughesdale subject to the following conditions:

1. Before the development starts, three copies of amended plans drawn to scale and dimensioned, must be submitted to and approved by the Responsible Authority. When approved the plans will be endorsed and will then form part of the permit. The plans must be generally in accordance with the plans submitted with the application, but modified to show:

a) A schedule of construction materials, external finishes and colours.

2. The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

3. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

4. Prior to the commencement of the development, a schedule of construction materials, external finishes and colours must be submitted to, and approved by, the Responsible Authority. When approved, the schedule will be endorsed to form part of the permit.

5. Landscape Plan Details Required A landscape plan prepared by a Landscape Architect or a suitably qualified or experienced landscape designer, drawn to scale and dimensioned must be submitted to and approved by the Responsible Authority prior to the commencement of any works. The plan must show the proposed landscape treatment of the site frontage including:- • the location of all existing trees and other vegetation to be retained • planting to soften the appearance of hard surface areas such as driveways

and other paved areas • a schedule of all proposed trees, shrubs and ground cover, which will

include the size of all plants (at planting and at maturity), their location, botanical names and the location of all areas to be covered by grass, lawn, mulch or other surface material

• the location and details of all fencing

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• the extent of any cut, fill, embankments or retaining walls associated with the landscape treatment of the site

When approved the plan will be endorsed and will then form part of the permit.

6. Landscaping Completion and Maintenance Landscaping works as shown on the endorsed plans must be completed within 3 months from the date of this permit to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority.

7. This permit will expire in accordance with section 68 of the Planning and Environment Act 1987, if one of the following circumstances applies: • The development is not started before 2 years from the date of issue. • The development is not completed before 4 years from the date of issue. In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of the permit expiry date, where the development allowed by the permit has not yet started; or within 12 months of the permit expiry date, where the development has lawfully started before the permit expires.

NOTES- 1. Building approval must be obtained prior to the commencement of the above

approved works.

In response to questions from Crs Davies and Zographos, the Council was advised by the Director City Development that a circular driveway was proposed, the setback for the property was 15 metres, circular driveways were generally discouraged and that there was one similar driveway in the vicinity of the site, that had been approved, prior to the introduction of heritage controls.

CARRIED

SUBSTANTIVE MOTION

The motion, as amended, became the Substantive Motion, and was put to the vote and declared carried.

CARRIED 4.8 19-25 Duerdin Street, Notting Hill The Development and Use of Multi-Unit

Warehouses Including Ancillary Offices Moved Cr Nolan, Seconded Cr Lo

That Council resolves to Grant a Planning Permit (TPA/44402) for the development and use of multi-unit warehouses including ancillary offices, at 19-25 Duerdin Street, Notting Hill subject to the following conditions:

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1. Before the development starts, three copies of amended plans drawn to scale and

dimensioned, must be submitted to and approved by the Responsible Authority. The submitted plans must clearly delineate and highlight any changes. When approved the plans will be endorsed and will then form part of the permit.

The plans must be generally in accordance with the plans submitted with the application, but modified to show:

ff) The vehicle crossover shifted further east to provide at least 1.5m clearance from the nearest edge of the pram crossing (at the kerb) to the vehicle crossing splay (at the kerb).

gg) The vehicle crossover shifted to not impact the existing street tree.

hh) A corner splay or area at least 50% clear of visual obstructions (or with a height of less than 1.2 metres), which may include adjacent landscaping areas with a height of less than 0.9 metres, extending at least 2.0 metres long x 2.5 metres deep (within the property) from the edge of the exit lane of the vehicle crossing to provide a clear view of pedestrians on the footpath of the frontage road.

ii) All the existing features within the naturestrip including trees, power poles, street furniture and crossings.

jj) Details of any required retaining wall adjacent to the northern boundary.

kk) Details of fencing adjacent to the northern boundary. Any fencing adjacent to the northern boundary must be black PVC coated mesh fencing at 1.2m-2.4m in height, designed and constructed to the satisfaction of the Responsible Authority.

2. The development as shown on the endorsed plans must not be altered without the

written consent of the Responsible Authority. 3. Once the development has started it must be continued and completed to the

satisfaction of the Responsible Authority.

4. Prior to occupation of any premises within the development, the shared path adjacent to the northern boundary must be fully constructed to the satisfaction of the Responsible Authority.

5. Except with a permit, the warehouses permitted must not be used to store dangerous

goods for which a Licence is required under the Dangerous Goods Act 1985.

6. Except with a permit, no warehouse use identified in the table to Clause 52.10 of the Monash Planning Scheme may be carried out on the land if the relevant threshold distance for that type of use referred to in the table to Clause 52.10 is not met.

7. Except with a permit, activities in the warehouses which require a Works Approval or a

Waste Discharge Licence from the Environment Protection authority must not be carried out.

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8. The amenity of the area must not be detrimentally affected by the use or development, through the: a) transport of materials, goods or commodities to or from the land; b) appearance of any building, works or materials; c) emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam,

soot, ash, dust, waste water, waste products, grit or oil; d) presence of vermin.

9. Deliveries to and from the site including the collection of waste must only take place

between the hours of 7:00am-7:00pm Monday to Saturday.

10. The occupier of the premises must ensure that any noise emanating from the premises, during and post construction, must not exceed the standards of the State Environment Protection Policies No. N1 and N2 and must on request provide evidence to Council of Compliance with the policies.

11. Air-conditioning and other plant and equipment installed on or within the buildings must be so positioned and baffled that any noise emitted complies with the appropriate Australian Standards and EPA requirements.

12. No goods must be stored or left exposed outside the building so as to be visible from

any public road or thoroughfare. 13. No bin or receptacle or any form of rubbish or refuse shall be allowed to remain in

view of the public and no odour shall be emitted from any receptacle so as to cause offence to persons outside the land.

14. Adequate provision shall be made for the storage and collection of garbage and other

solid wastes and these facilities are to be located on the site to the satisfaction of the Responsible Authority.

15. No equipment, services, architectural features or structures of any kind, including

telecommunication facilities, other than those shown on the endorsed plans shall be permitted above the roof level of the building unless otherwise agreed to in writing by the Responsible Authority.

16. A landscape plan prepared by a Landscape Architect or a suitably qualified or

experienced landscape designer, drawn to scale and dimensioned must be submitted to and approved by the Responsible Authority prior to the commencement of any works. The plan must show the proposed landscape treatment of the site including:- • the location of all existing trees and other vegetation to be retained on site; • provision of canopy trees with spreading crowns located throughout the site

including the front and rear setback; • planting to soften the appearance of hard surface areas such as driveways and

other paved areas; • a schedule of all proposed trees, shrubs and ground cover, which will include the

size of all plants (at planting and at maturity), their location, botanical names

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and the location of all areas to be covered by grass, lawn, mulch or other surface material;

• the location and details of all fencing; • the extent of any cut, fill, embankments or retaining walls associated with the

landscape treatment of the site; • details of all proposed hard surface materials including pathways.

When approved the plan will be endorsed and will then form part of the permit. 17. Prior to the occupation of the buildings allowed by this permit, landscaping works as

shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority.

18. All existing vegetation shown on the endorsed plans must be suitably marked before

any development starts on the site and that vegetation must not be removed, destroyed or lopped without the written consent of the Responsible Authority.

19. Prior to the commencement of any works that are permitted by this permit, all trees

that are to be retained, or are located within or adjacent to any works area, shall be marked and provided with a protective barricade and verified by an authorised officer of the Responsible Authority.

20. All work within the dripline of any tree to be retained shall be supervised by a qualified

landscape architect or horticulturist who shall ensure that the works are done in a manner which protects and minimises any damage to those trees.

21. No building material, demolition material or earthworks shall be stored or stockpiled

under the canopy line of any tree to be retained during the construction period of the development hereby permitted.

22. No vehicle shall park under the canopy line of any tree to be retained. 23. Before the development starts, a site layout plan drawn to scale and dimensioned

must be approved by the Responsible Authority.

The plans must show a drainage scheme providing for the collection of stormwater within the site and for the conveying of the stormwater to the nominated point of discharge via stormwater detention system designed to the satisfaction of the Responsible Authority.

The nominated point of discharge is the south-west corner of the property where the entire site’s stormwater must be collected and free drained via a pipe Council drain in the nature strip to be constructed to Council Standards. A 1200mm x 1200mm junction pit is to be constructed if a pit does not exist or is not a standard Council pit.

If the point of discharge cannot be located then notify Council’s Engineering Division immediately.

24. All on-site stormwater is to be collected from hard surface areas and must not be

allowed to flow uncontrolled into adjoining properties. The on-site drainage system

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must prevent discharge from driveways onto the footpath. Such a system may include either: a) trench grates (300mm minimum internal width) located within the property;

and/or b) shaping the driveway so that water is collected in a grated pit on the property:

and/or c) another Council approved equivalent.

25. Stormwater discharge is to be detained on site to the predevelopment level of peak

stormwater discharge. 26. Driveways and modified crossovers are to be designed and constructed using

appropriate engineering standards to the satisfaction of the Responsible Authority. 27. Before the use and development permitted starts, areas set aside for parked vehicles

and access lanes as shown on the endorsed plans must be: a) constructed to the satisfaction of the Responsible Authority; b) properly formed to such levels that they can be used in accordance with the

plans; c) surfaced with an all-weather sealcoat to the satisfaction of the Responsible

Authority; d) drained, maintained and not used for any other purpose to the satisfaction of the

Responsible Authority; e) line-marked to indicate each car space and all access lanes to the satisfaction of

the Responsible Authority. Parking areas and access lanes must be kept available for these purposes at all times.

28. Any future subdivision of the land must provide for appropriate allocation of car

parking on Title in accordance with the car parking rates specified by Clause 52.06-5 of the Monash Planning Scheme.

29. Any retaining wall adjacent to the 6m landscaping buffer at the north end of the property is required to be an appropriate height to provide a typically level surface for the full 6m.

30. Any fencing adjacent to the northern boundary is required to be black PVC coated

mesh fence at least 1.2m in height and safe for cyclists, designed and constructed to the satisfaction of the City of Monash.

31. Prior to the commencement of the permitted development, approval must be sought

from Council’s Horticultural Department for the removal of any street/naturestrip trees.

32. The loading and unloading of goods from vehicles must only be carried out on the

land.

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33. The layout of the development shall generally follow the design standards for car parking set out in Clause 52.06-8 of the Monash Planning Scheme.

34. Bicycle parking facilities shall generally follow the design and signage requirements

set out in Clause 52.34 of the Monash Planning Scheme. 35. Before the development starts, a construction management plan must be prepared

and submitted to the Responsible Authority for approval. The plan must be to the satisfaction of the Responsible Authority. Once approved, the plan must be implemented to the satisfaction of the Responsible Authority. The plan must address the following issues: a) Measures to control noise, dust and water runoff; b) Prevention of silt or other pollutants from entering into the Council’s

underground drainage system or road network; c) The location of where building materials are to be kept during construction; d) Site security; e) Maintenance of safe movements of vehicles to and from the site during the

construction phase; f) On-site parking of vehicles associated with construction of the development; g) Wash down areas for trucks and vehicles associated with construction activities; h) Cleaning and maintaining surrounding road surfaces.

Melbourne Water condition 36. Pollution and sediment laden runoff shall not be discharged directly or indirectly into

Melbourne Water’s drains or waterways.

37. This permit will expire in accordance with section 68 of the Planning and Environment Act 1987, if one of the following circumstances applies: • The development is not started before 2 years from the date of issue. • The development is not completed before 4 years from the date of issue. In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of the permit expiry date, where the development allowed by the permit has not yet started; or within 12 months of the permit expiry date, where the development has lawfully started before the permit expires.

NOTES:- 1. Building approval must be obtained prior to the commencement of the above

approved works.

2. Building Permit approval for this development must take into consideration the location of future subdivision boundaries and their compliance with the Fire Separation Provisions of the Building Code of Australia, including Separating Walls and Openings near Boundaries, as well as the requirements of the Building Regulations.

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3. Unless no permit is required under the planning scheme, no signs must be constructed

or displayed without a further permit. 4. Disabled access to the building must be provided to the satisfaction of the Responsible

Authority. All work carried out to provide disabled access must be constructed in accordance with Australian Standards Design for Access and Mobility AS 1428.1.

5. Any new drainage work within the road reserve requires the approval of the City of

Monash’s Engineering Division prior to the works commencing. Three copies of the plans (A3-A1 size) for the drainage works must be submitted to and approved by the Engineering Division. The plans are to show sufficient information to determine that the drainage works will meet all drainage conditions of the permit.

6. Engineering permits must be obtained for new or altered vehicle crossings and for

connections to Council drains, Council pits, kerb & channel and these works are to be inspected by Council (tel. 9518 3690).

7. A Licensed Surveyor or Civil Engineer (who is a Registered Building Practitioner) must certify that the stormwater detention system including all levels, pits, pipes and storage volumes is constructed in accordance with the approved plans. The certifier’s registration number must be included on the certificate.

8. All new or modified crossings are to be no closer than 1.0 metre measured at the kerb

to the edge of any power pole, drainage or service pit, or other services. Approval from affected service authorities is required as part of the vehicle crossing application process. Approval of the relevant electricity company for the power pole relocations is required. The poles are to be relocated to the satisfaction of the Responsible Authority.

9. If further information is required in relation to Melbourne Water’s permit condition,

please contact Melbourne Water on 9679 7517, quoting Melbourne Water’s reference 259837.

CARRIED 4.9 33-37 Duerdin Street, Notting Hill: Construction of A Multi-Unit Office Development Moved Cr Little, Seconded Cr Davies

That Council resolves to Grant a Planning Permit (TPA/44403) for the construction of a multi-unit office development, at 33-37 Duerdin Street, Notting Hill subject to the following conditions:

1. Before the development starts, three copies of amended plans drawn to scale and

dimensioned, must be submitted to and approved by the Responsible Authority. The submitted plans must clearly delineate and highlight any changes. When approved the plans will be endorsed and will then form part of the permit.

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The plans must be generally in accordance with the plans submitted with the application, but modified to show:

ll) A corner splay or area at least 50% clear of visual obstructions (or with a height of less than 1.2 metres), which may include adjacent landscaping areas with a height of less than 0.9 metres, extending at least 2.0 metres long x 2.5 metres deep (within the property) from the edge of the exit lane of the vehicle crossing to provide a clear view of pedestrians on the footpath of the frontage road.

mm) All the existing features within the naturestrip including trees, power poles, street furniture and crossings.

nn) Details of any required retaining wall adjacent to the northern boundary.

oo) Details of fencing adjacent to the northern boundary. Any fencing adjacent to the northern boundary must be black PVC coated mesh fencing at 1.2m-2.4m in height, designed and constructed to the satisfaction of the Responsible Authority.

2. The development as shown on the endorsed plans must not be altered without the

written consent of the Responsible Authority. 3. Once the development has started it must be continued and completed to the

satisfaction of the Responsible Authority.

4. Prior to occupation of any premises within the development, the shared path adjacent to the northern boundary must be fully constructed to the satisfaction of the Responsible Authority.

5. The amenity of the area must not be detrimentally affected by the use or

development, through the: a) transport of materials, goods or commodities to or from the land; b) appearance of any building, works or materials; c) emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam,

soot, ash, dust, waste water, waste products, grit or oil; d) presence of vermin.

6. Deliveries to and from the site including the collection of waste must only take place

between the hours of 7:00am-7:00pm Monday to Saturday.

7. Air-conditioning and other plant and equipment installed on or within the buildings must be so positioned and baffled that any noise emitted complies with the appropriate Australian Standards and EPA requirements.

8. No goods must be stored or left exposed outside the building so as to be visible from

any public road or thoroughfare. 9. No bin or receptacle or any form of rubbish or refuse shall be allowed to remain in

view of the public and no odour shall be emitted from any receptacle so as to cause offence to persons outside the land.

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10. Adequate provision shall be made for the storage and collection of garbage and other

solid wastes and these facilities are to be located on the site to the satisfaction of the Responsible Authority.

11. No equipment, services, architectural features or structures of any kind, including

telecommunication facilities, other than those shown on the endorsed plans shall be permitted above the roof level of the building unless otherwise agreed to in writing by the Responsible Authority.

12. A landscape plan prepared by a Landscape Architect or a suitably qualified or

experienced landscape designer, drawn to scale and dimensioned must be submitted to and approved by the Responsible Authority prior to the commencement of any works. The plan must show the proposed landscape treatment of the site including:- • the location of all existing trees and other vegetation to be retained on site; • provision of canopy trees with spreading crowns located throughout the site

including the front and rear setback; • planting to soften the appearance of hard surface areas such as driveways and

other paved areas; • a schedule of all proposed trees, shrubs and ground cover, which will include the

size of all plants (at planting and at maturity), their location, botanical names and the location of all areas to be covered by grass, lawn, mulch or other surface material;

• the location and details of all fencing; • the extent of any cut, fill, embankments or retaining walls associated with the

landscape treatment of the site; • details of all proposed hard surface materials including pathways;

When approved the plan will be endorsed and will then form part of the permit. 13. Prior to the occupation of the buildings allowed by this permit, landscaping works as

shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority.

14. All existing vegetation shown on the endorsed plans must be suitably marked before

any development starts on the site and that vegetation must not be removed, destroyed or lopped without the written consent of the Responsible Authority.

15. Prior to the commencement of any works that are permitted by this permit, all trees

that are to be retained, or are located within or adjacent to any works area, shall be marked and provided with a protective barricade and verified by an authorised officer of the Responsible Authority.

16. All work within the dripline of any tree to be retained shall be supervised by a qualified

landscape architect or horticulturist who shall ensure that the works are done in a manner which protects and minimises any damage to those trees.

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17. No building material, demolition material or earthworks shall be stored or stockpiled under the canopy line of any tree to be retained during the construction period of the development hereby permitted.

18. No vehicle shall park under the canopy line of any tree to be retained. 19. Before the development starts, a site layout plan drawn to scale and dimensioned

must be approved by the Responsible Authority.

The plans must show a drainage scheme providing for the collection of stormwater within the site and for the conveying of the stormwater to the nominated point of discharge via stormwater detention system designed to the satisfaction of the Responsible Authority.

The nominated point of discharge is the south-west corner of the property where the entire site’s stormwater must be collected and free drained via a pipe Council drain in the nature strip to be constructed to Council Standards. A 1200mm x 1200mm junction pit is to be constructed if a pit does not exist or is not a standard Council pit.

If the point of discharge cannot be located then notify Council’s Engineering Division immediately.

20. All on-site stormwater is to be collected from hard surface areas and must not be

allowed to flow uncontrolled into adjoining properties. The on-site drainage system must prevent discharge from driveways onto the footpath. Such a system may include either: a) trench grates (300mm minimum internal width) located within the property;

and/or b) shaping the driveway so that water is collected in a grated pit on the property:

and/or c) another Council approved equivalent.

21. Stormwater discharge is to be detained on site to the predevelopment level of peak

stormwater discharge. 22. Driveways and modified crossovers are to be designed and constructed using

appropriate engineering standards to the satisfaction of the Responsible Authority. 23. Before the use and development permitted starts, areas set aside for parked vehicles

and access lanes as shown on the endorsed plans must be: a) constructed to the satisfaction of the Responsible Authority; b) properly formed to such levels that they can be used in accordance with the

plans; c) surfaced with an all-weather sealcoat to the satisfaction of the Responsible

Authority; d) drained, maintained and not used for any other purpose to the satisfaction of the

Responsible Authority; e) line-marked to indicate each car space and all access lanes to the satisfaction of

the Responsible Authority.

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Parking areas and access lanes must be kept available for these purposes at all times.

24. Any future subdivision of the land must provide for appropriate allocation of car

parking on Title in accordance with the car parking rates specified by Clause 52.06-5 of the Monash Planning Scheme.

25. Any retaining wall adjacent to the 6m landscaping buffer at the north end of the property is required to be an appropriate height to provide a typically level surface for the full 6m.

26. Any fencing adjacent to the northern boundary is required to be black PVC coated

mesh fence at least 1.2m in height and safe for cyclists, designed and constructed to the satisfaction of the City of Monash.

27. Prior to the commencement of the permitted development, approval must be sought

from Council’s Horticultural Department for the removal of any street/naturestrip trees.

28. The loading and unloading of goods from vehicles must only be carried out on the

land. 29. The layout of the development shall generally follow the design standards for car

parking set out in Clause 52.06-8 of the Monash Planning Scheme.

30. Bicycle parking facilities shall generally follow the design and signage requirements set out in Clause 52.34 of the Monash Planning Scheme.

31. Before the development starts, a construction management plan must be prepared

and submitted to the Responsible Authority for approval. The plan must be to the satisfaction of the Responsible Authority. Once approved, the plan must be implemented to the satisfaction of the Responsible Authority. The plan must address the following issues:

i) Measures to control noise, dust and water runoff;

j) Prevention of silt or other pollutants from entering into the Council’s underground drainage system or road network;

k) The location of where building materials are to be kept during construction;

l) Site security;

m) Maintenance of safe movements of vehicles to and from the site during the construction phase;

n) On-site parking of vehicles associated with construction of the development;

o) Wash down areas for trucks and vehicles associated with construction activities;

p) Cleaning and maintaining surrounding road surfaces.

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32. This permit will expire in accordance with section 68 of the Planning and Environment Act 1987, if one of the following circumstances applies: • The development is not started before 2 years from the date of issue. • The development is not completed before 4 years from the date of issue. In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of the permit expiry date, where the development allowed by the permit has not yet started; or within 12 months of the permit expiry date, where the development has lawfully started before the permit expires.

NOTES:- 1. Building approval must be obtained prior to the commencement of the above

approved works.

2. Building Permit approval for this development must take into consideration the location of future subdivision boundaries and their compliance with the Fire Separation Provisions of the Building Code of Australia, including Separating Walls and Openings near Boundaries, as well as the requirements of the Building Regulations.

3. Unless no permit is required under the planning scheme, no signs must be constructed

or displayed without a further permit. 4. Disabled access to the building must be provided to the satisfaction of the Responsible

Authority. All work carried out to provide disabled access must be constructed in accordance with Australian Standards Design for Access and Mobility AS 1428.1.

5. Any new drainage work within the road reserve requires the approval of the City of

Monash’s Engineering Division prior to the works commencing. Three copies of the plans (A3-A1 size) for the drainage works must be submitted to and approved by the Engineering Division. The plans are to show sufficient information to determine that the drainage works will meet all drainage conditions of the permit.

6. Engineering permits must be obtained for new or altered vehicle crossings and for

connections to Council drains, Council pits, kerb & channel and these works are to be inspected by Council (tel. 9518 3690).

7. Stormwater detention system requirements for the property are as follows:

• Minimum storage = 76 cubic metres • Maximum discharge rate = 54.38 litres per second • Minimum orifice diameter if using orifice pit = 65mm, otherwise install a Phillips

multi cell or similar to control outflow.

8. A Licensed Surveyor or Civil Engineer (who is a Registered Building Practitioner) must certify that the stormwater detention system including all levels, pits, pipes and storage volumes is constructed in accordance with the approved plans. The certifier’s registration number must be included on the certificate.

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9. All new or modified crossings are to be no closer than 1.0 metre measured at the kerb

to the edge of any power pole, drainage or service pit, or other services. Approval from affected service authorities is required as part of the vehicle crossing application process. Approval of the relevant electricity company for the power pole relocations is required. The poles are to be relocated to the satisfaction of the Responsible Authority.

CARRIED 4.10 39-43 Duerdin Street, Notting Hill: The Development and Use Of Multi-Unit

Warehouses Including Ancillary Offices Moved Cr Perri, Seconded Cr Davies

That Council resolves to Grant a Planning Permit (TPA/44404) for the development and use of multi-unit warehouses including ancillary offices, at 39-43 Duerdin Street, Notting Hill subject to the following conditions:

1. Before the development starts, three copies of amended plans drawn to scale and

dimensioned, must be submitted to and approved by the Responsible Authority. The submitted plans must clearly delineate and highlight any changes. When approved the plans will be endorsed and will then form part of the permit.

2. The plans must be generally in accordance with the plans submitted with the

application, but modified to show:

3. Driveway ramp gradients in accordance with AS/NZS 2890.2.

4. The vehicle crossover shifted to not impact the existing street tree.

5. A corner splay or area at least 50% clear of visual obstructions (or with a height of less than 1.2 metres), which may include adjacent landscaping areas with a height of less than 0.9 metres, extending at least 2.0 metres long x 2.5 metres deep (within the property) from the edge of the exit lane of the vehicle crossing to provide a clear view of pedestrians on the footpath of the frontage road.

6. All the existing features within the naturestrip including trees, power poles, street furniture and crossings.

7. Details of any required retaining wall adjacent to the northern boundary.

8. Details of fencing adjacent to the northern boundary. Any fencing adjacent to the northern boundary must be black PVC coated mesh fencing at 1.2m-2.4m in height, designed and constructed to the satisfaction of the Responsible Authority.

9. The development as shown on the endorsed plans must not be altered without the

written consent of the Responsible Authority.

10. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

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11. Prior to occupation of any premises within the development, the shared path adjacent to the northern boundary must be fully constructed to the satisfaction of the Responsible Authority.

12. Except with a permit, the warehouses permitted must not be used to store dangerous

goods for which a Licence is required under the Dangerous Goods Act 1985.

13. Except with a permit, no warehouse use identified in the table to Clause 52.10 of the Monash Planning Scheme may be carried out on the land if the relevant threshold distance for that type of use referred to in the table to Clause 52.10 is not met.

14. Except with a permit, activities in the warehouses which require a Works Approval or a Waste Discharge Licence from the Environment Protection authority must not be carried out.

15. The amenity of the area must not be detrimentally affected by the use or

development, through the: transport of materials, goods or commodities to or from the land; appearance of any building, works or materials; emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil; presence of vermin.

16. Deliveries to and from the site including the collection of waste must only take place

between the hours of 7:00am-7:00pm Monday to Saturday.

17. The occupier of the premises must ensure that any noise emanating from the premises, during and post construction, must not exceed the standards of the State Environment Protection Policies No. N1 and N2 and must on request provide evidence to Council of Compliance with the policies.

18. Air-conditioning and other plant and equipment installed on or within the buildings

must be so positioned and baffled that any noise emitted complies with the appropriate Australian Standards and EPA requirements.

19. No goods must be stored or left exposed outside the building so as to be visible from any public road or thoroughfare.

20. No bin or receptacle or any form of rubbish or refuse shall be allowed to remain in

view of the public and no odour shall be emitted from any receptacle so as to cause offence to persons outside the land.

21. Adequate provision shall be made for the storage and collection of garbage and

other solid wastes and these facilities are to be located on the site to the satisfaction of the Responsible Authority.

22. No equipment, services, architectural features or structures of any kind, including

telecommunication facilities, other than those shown on the endorsed plans shall be

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permitted above the roof level of the building unless otherwise agreed to in writing by the Responsible Authority.

23. A landscape plan prepared by a Landscape Architect or a suitably qualified or

experienced landscape designer, drawn to scale and dimensioned must be submitted to and approved by the Responsible Authority prior to the commencement of any works. The plan must show the proposed landscape treatment of the site including:-

the location of all existing trees and other vegetation to be retained on site; provision of canopy trees with spreading crowns located throughout the site including the front and rear setback; planting to soften the appearance of hard surface areas such as driveways and other paved areas; a schedule of all proposed trees, shrubs and ground cover, which will include the size of all plants (at planting and at maturity), their location, botanical names and the location of all areas to be covered by grass, lawn, mulch or other surface material; the location and details of all fencing; the extent of any cut, fill, embankments or retaining walls associated with the landscape treatment of the site; details of all proposed hard surface materials including pathways;

When approved the plan will be endorsed and will then form part of the permit.

24. Prior to the occupation of the buildings allowed by this permit, landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority.

25. All existing vegetation shown on the endorsed plans must be suitably marked before

any development starts on the site and that vegetation must not be removed, destroyed or lopped without the written consent of the Responsible Authority.

26. Prior to the commencement of any works that are permitted by this permit, all trees

that are to be retained, or are located within or adjacent to any works area, shall be marked and provided with a protective barricade and verified by an authorised officer of the Responsible Authority.

27. All work within the dripline of any tree to be retained shall be supervised by a

qualified landscape architect or horticulturist who shall ensure that the works are done in a manner which protects and minimises any damage to those trees.

28. No building material, demolition material or earthworks shall be stored or stockpiled

under the canopy line of any tree to be retained during the construction period of the development hereby permitted.

29. No vehicle shall park under the canopy line of any tree to be retained.

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30. Before the development starts, a site layout plan drawn to scale and dimensioned must be approved by the Responsible Authority.

The plans must show a drainage scheme providing for the collection of stormwater within the site and for the conveying of the stormwater to the nominated point of discharge via stormwater detention system designed to the satisfaction of the Responsible Authority.

The nominated point of discharge is the south-west corner of the property where the entire site’s stormwater must be collected and free drained via a pipe Council drain in the nature strip to be constructed to Council Standards. A 1200mm x 1200mm junction pit is to be constructed if a pit does not exist or is not a standard Council pit.

If the point of discharge cannot be located then notify Council’s Engineering Division immediately.

31. All on-site stormwater is to be collected from hard surface areas and must not be

allowed to flow uncontrolled into adjoining properties. The on-site drainage system must prevent discharge from driveways onto the footpath. Such a system may include either:

trench grates (300mm minimum internal width) located within the property; and/or shaping the driveway so that water is collected in a grated pit on the property: and/or another Council approved equivalent.

32. Stormwater discharge is to be detained on site to the predevelopment level of peak

stormwater discharge.

33. Driveways and modified crossovers are to be designed and constructed using appropriate engineering standards to the satisfaction of the Responsible Authority.

34. Before the use and development permitted starts, areas set aside for parked vehicles

and access lanes as shown on the endorsed plans must be: constructed to the satisfaction of the Responsible Authority; properly formed to such levels that they can be used in accordance with the plans; surfaced with an all-weather sealcoat to the satisfaction of the Responsible Authority; drained, maintained and not used for any other purpose to the satisfaction of the Responsible Authority; line-marked to indicate each car space and all access lanes to the satisfaction of the Responsible Authority.

35. Parking areas and access lanes must be kept available for these purposes at all

times.

36. Any future subdivision of the land must provide for appropriate allocation of car parking on Title in accordance with the car parking rates specified by Clause 52.06-5 of the Monash Planning Scheme.

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37. Any retaining wall adjacent to the 6m landscaping buffer at the north end of the property is required to be an appropriate height to provide a typically level surface for the full 6m.

38. Any fencing adjacent to the northern boundary is required to be black PVC coated mesh fence at least 1.2m in height and safe for cyclists, designed and constructed to the satisfaction of the City of Monash.

39. Prior to the commencement of the permitted development, approval must be sought from Council’s Horticultural Department for the removal of any street/naturestrip trees.

40. The loading and unloading of goods from vehicles must only be carried out on the

land.

41. The layout of the development shall generally follow the design standards for car parking set out in Clause 52.06-8 of the Monash Planning Scheme.

42. Bicycle parking facilities shall generally follow the design and signage requirements set out in Clause 52.34 of the Monash Planning Scheme.

43. Before the development starts, a construction management plan must be prepared

and submitted to the Responsible Authority for approval. The plan must be to the satisfaction of the Responsible Authority. Once approved, the plan must be implemented to the satisfaction of the Responsible Authority. The plan must address the following issues:

Measures to control noise, dust and water runoff; Prevention of silt or other pollutants from entering into the Council’s underground drainage system or road network; The location of where building materials are to be kept during construction; Site security; Maintenance of safe movements of vehicles to and from the site during the construction phase; On-site parking of vehicles associated with construction of the development; Wash down areas for trucks and vehicles associated with construction activities; Cleaning and maintaining surrounding road surfaces.

44. This permit will expire in accordance with section 68 of the Planning and

Environment Act 1987, if one of the following circumstances applies: The development is not started before 2 years from the date of issue. The development is not completed before 4 years from the date of issue. In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of the permit expiry date, where the development allowed by the permit has not yet started; or within 12 months of the permit expiry date, where the development has lawfully started before the permit expires.

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NOTES:-

1. Building approval must be obtained prior to the commencement of the above approved works.

2. Building Permit approval for this development must take into consideration the

location of future subdivision boundaries and their compliance with the Fire Separation Provisions of the Building Code of Australia, including Separating Walls and Openings near Boundaries, as well as the requirements of the Building Regulations.

3. Unless no permit is required under the planning scheme, no signs must be constructed

or displayed without a further permit.

4. Disabled access to the building must be provided to the satisfaction of the Responsible Authority. All work carried out to provide disabled access must be constructed in accordance with Australian Standards Design for Access and Mobility AS 1428.1.

5. Any new drainage work within the road reserve requires the approval of the City of

Monash’s Engineering Division prior to the works commencing. Three copies of the plans (A3-A1 size) for the drainage works must be submitted to and approved by the Engineering Division. The plans are to show sufficient information to determine that the drainage works will meet all drainage conditions of the permit.

6. Engineering permits must be obtained for new or altered vehicle crossings and for

connections to Council drains, Council pits, kerb & channel and these works are to be inspected by Council (tel. 9518 3690).

7. Stormwater detention system requirements for the property are as follows: 8. Minimum storage = 76 cubic metres 9. Maximum discharge rate = 54.38 litres per second 10. Minimum orifice diameter if using orifice pit = 65mm, otherwise install a Phillips

multi cell or similar to control outflow.

11. A Licensed Surveyor or Civil Engineer (who is a Registered Building Practitioner) must certify that the stormwater detention system including all levels, pits, pipes and storage volumes is constructed in accordance with the approved plans. The certifier’s registration number must be included on the certificate.

12. All new or modified crossings are to be no closer than 1.0 metre measured at the

kerb to the edge of any power pole, drainage or service pit, or other services. Approval from affected service authorities is required as part of the vehicle crossing application process. Approval of the relevant electricity company for the power pole relocations is required. The poles are to be relocated to the satisfaction of the Responsible Authority.

CARRIED

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4.11 53 Batesford Road, Chadstone The Use of The Land For Dwellings, Construction of A

Mixed Use Development, Reduction In Car Parking (Commercial And Visitor Space), and Waiver of On-Site Loading Facilities

Moved Cr Drieberg, Seconded Cr Little

That Council resolves to Grant a Planning Permit (TPA/43758) for the use of the land for dwellings, building and works associated with the construction of a mixed use development, reduction in car parking (commercial and visitor space), and waiver of on-site loading facilities, at 53 Batesford Road, Chadstone subject to the following conditions:

1. Before the development starts, three copies of amended plans drawn to scale and dimensioned, must be submitted to and approved by the Responsible Authority. The submitted plans must clearly delineate and highlight any changes. When approved the plans will be endorsed and will then form part of the permit.

The plans must be generally in accordance with the plans submitted with the application, but modified to show:

a. The northern facade of the second floor setback a minimum of 6.0m from the northern boundary.

b. Provision of a planter box balustrade (minimum width 0.7m) along the northern and north-western edge of the second floor balconies adjacent to the laneway.

c. Additional screening to balcony of Apartment 6 to prevent overlooking of the adjoining secluded private open space to the north-west.

d. Provision of a pedestrian canopy (minimum 2.0m in width to match the adjoining pedestrian canopy to the west) spanning the length of the retail frontage.

e. Provision of a planter box (minimum width 0.7m) at ground level along the northern edge of the development adjacent to the laneway.

f. Ground level balcony/terrace space adjacent to the northern facade no less than 2.0m in width (modified as a result of condition 1a).

g. Provision of 6m3 storage space for each dwelling within the basement.

h. Notation detailing screening and weather protection treatments to balconies on floor plans.

i. Allocation of car parking spaces to dwellings and retail tenancies.

j. Secure enclosure of the basement.

k. The existing corner splay at the north-east corner of the site retained.

l. The ramp grade no steeper than 1 in 10 (10%) within 5 metres of the frontage.

m. Ramp grades (except within 5 metres of the frontage) providing for: i. Maximum grade of 1 in 4.

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ii. Provision of minimum 2.0 metre grade transitions between different section of ramp or floor for changes in grade in excess of 12.5% (summit grade change) or 15% (sag grade change).

n. Model specifications of the car stacker system and vehicle turntable in accordance with conditions 13 and 14.

2. The development as shown on the endorsed plans must not be altered without the

written consent of the Responsible Authority. 3. Once the development has started it must be continued and completed to the

satisfaction of the Responsible Authority.

4. Prior to the commencement of works on the site, the owner shall prepare a Waste Management Plan for the collection and disposal of garbage and recyclables for all uses on the site by private contractor. The Waste Management Plan shall provide for:

a. The method of collection of garbage and recyclables for uses; b. Designation of methods of collection by private services; c. Waste collection via the laneway adjacent to the northern boundary; d. Appropriate areas of bin storage on site and areas for bin storage on

collection days; e. Measures to minimise the impact upon local amenity and on the operation,

management and maintenance of car parking areas; f.Litter management.

A copy of this plan must be submitted to and approved by the Responsible Authority. Once approved the Waste Management Plan will be endorsed to form part of the permit.

5 No goods must be stored or left exposed outside the building so as to be visible

from any public road or thoroughfare.

6 No bin or receptacle or any form of rubbish or refuse shall be allowed to remain in view of the public and no odour shall be emitted from any receptacle so as to cause offence to persons outside the land.

7 The amenity of the area must not be detrimentally affected by the use or development, through the:

a) transport of materials, goods or commodities to or from the land;

b) appearance of any building, works or materials;

c) emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil;

d) presence of vermin;

8 No equipment, services, architectural features or structures of any kind, including telecommunication facilities, other than those shown on the endorsed plans

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shall be permitted above the roof level of the building unless otherwise agreed to in writing by the Responsible Authority.

9 A landscape plan prepared by a Landscape Architect or a suitably qualified or experienced landscape designer, drawn to scale and dimensioned must be submitted to and approved by the Responsible Authority prior to the commencement of any works. The plan must show the proposed landscape treatment of the site including:-

• provision of canopy trees with spreading crowns located throughout the site including the major open space areas of the development

• planting to soften the appearance of hard surface areas such as driveways and other paved areas

• a schedule of all proposed trees, shrubs and ground cover, which will include the size of all plants (at planting and at maturity), their location, botanical names and the location of all areas to be covered by grass, lawn, mulch or other surface material

• the location and details of all fencing

• the extent of any cut, fill, embankments or retaining walls associated with the landscape treatment of the site

When approved the plan will be endorsed and will then form part of the permit. 10 Before the occupation of the buildings allowed by this permit, landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority. 11 Car stacker modules are required to cater for the following:

a) Independent operation for each parking space. b) A minimum entry level headroom clearance of 1.8 metres. c) A vehicle at least 180cm height on the pit level. d) A vehicle at least 150cm height on the upper level. e) A clear/usable platform width of at least 230cm. f) Minimum pit length of 520cm. g) Loading weight per platform of at least 2000kg.

12 Prior to the commencement of works on the site, plans for the detailed design of the car stacker devices and associated features are required to be submitted to and approved by the Responsible Authority.

13 The mechanical car stackers are to be maintained in a good working order and be permanently available for the parking of vehicles in accordance with their purpose, to the satisfaction of the Responsible Authority.

14 The vehicle turntable is required to cater for the following:

a. A clear/usable platform diameter of at least 4.5m.

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b. Minimum turning clearance of 5.6m diameter. c. Loading bearing capacity of at least 2500kg.

15 Bicycle parking facilities shall generally follow the design and signage requirements set out in Clause 52.34 of the Monash Planning Scheme. 16 Before the use and development permitted starts, areas set aside for parked vehicles and access lanes as shown on the endorsed plans must be:

(a) constructed to the satisfaction of the Responsible Authority;

(b) properly formed to such levels that they can be used in accordance with the plans;

(c) surfaced with an all-weather sealcoat to the satisfaction of the Responsible Authority;

(d) drained, maintained and not used for any other purpose to the satisfaction of the Responsible Authority;

(e) line-marked to indicate each car space and all access lanes to the satisfaction of the Responsible Authority.

Parking areas and access lanes must be kept available for these purposes at all times. 17 The layout of the development shall generally follow the Design Standards for car parking set out in Clause 52.06-8 of the Monash Planning Scheme.

18 Before the development starts, a site layout plan drawn to scale and dimensioned must be approved by the Responsible Authority. The plans must show a drainage scheme providing for the collection of stormwater within the site and for the conveying of the stormwater to the nominated point of discharge. The nominated point of discharge is the north-east corner of the property where the entire site’s stormwater must be collected and free drained via a pipe to the Council grated pit in road reserve to be constructed to Council Standards. 19 All on-site stormwater is to be collected from hard surface areas and must not be allowed to flow uncontrolled into adjoining properties. 20 The on-site drainage system must prevent discharge from driveways onto the footpath. Such a system may include either:-

a) trench grates (150mm minimum width) located within the property; and/or

b) shaping the driveway so that water is collected in a grated pit on the property; and/or

c) another Council approved equivalent. 21 Stormwater discharge is to be detained on site to the predevelopment level of

peak stormwater discharge. Approval of any detention system is required by the City of Monash prior to works commencing.

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22 Driveways are to be designed and constructed using appropriate engineering standards.

23 No less than 1 car space must be provided on the land for each dwelling and shop premises. Any future subdivision of the approved development must provide allocation of 1 car space per dwelling on Title to the satisfaction of the Responsible Authority. 24 Before the development starts, a construction management plan must be prepared and submitted to the Responsible Authority for approval. The plan must be to the satisfaction of the Responsible Authority. Once approved, the plan must be implemented to the satisfaction of the Responsible Authority. The plan must address the following issues:

a) measures to control noise, dust and water runoff;

b) prevention of silt or other pollutants from entering into the Council’s underground drainage system or road network;

c) the location of where building materials are to be kept during construction;

d) the location of site services and constructions sheds;

e) site security;

f) maintenance of safe movements of vehicles to and from the site during the construction phase;

g) the provision of car parking for vehicles associated with construction of the development;

h) wash down areas for trucks and vehicles associated with construction activities;

i) cleaning and maintaining surrounding road surfaces;

j) a requirement that construction works must only be carried out during the following hours:

• Monday to Friday (inclusive) – 7.00am to 6.00pm; • Saturday – 9.00am to 1.00pm; • Saturday – 1.00pm to 5.00pm (Only activities associated with the erection

of buildings. This does not include excavation or the use of heavy machinery.)

25 No equipment, services, architectural features or structures of any kind, including telecommunication facilities, other than those shown on the endorsed plans shall be permitted above the roof level of the building unless otherwise agreed to in writing by the Responsible Authority. 26 This permit will expire in accordance with section 68 of the Planning and

Environment Act 1987, if one of the following circumstances applies: • The development is not started before 2 years from the date of issue. • The development is not completed before 4 years from the date of issue.

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In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of the permit expiry date, where the development allowed by the permit has not yet started; or within 12 months of the permit expiry date, where the development has lawfully started before the permit expires.

NOTES-

1. Building approval must be obtained prior to the commencement of the above approved works.

2. Premises used for the sale or storage of food in any manner whatsoever are to be

registered under the Food Act and require Council approval via the Chief Environmental Health Officer before occupation.

3. Building Permit approval for this development must take into consideration the

location of future subdivision boundaries and their compliance with the Fire Separation Provisions of the Building Code of Australia, including Separating Walls and Openings near Boundaries, as well as the requirements of the Building Regulations.

4. In the event that any parking restrictions are introduced in the surrounding area,

occupants of this development will not be granted parking permits.

5. Any new drainage work within the road reserve requires the approval of the City of Monash’s Engineering Division prior to the works commencing. Three copies of the plans (A3-A1 size) for the drainage works must be submitted to and approved by the Engineering Division. The plans are to show sufficient information to determine that the drainage works will meet all drainage conditions of the permit. A refundable security deposit of $2,000 is to be paid prior to the drainage works commencing.

6. Engineering permits must be obtained for new or altered vehicle crossings and for

connections to Councils drains / Council pits / kerb & channel and these works are to be inspected by Council (telephone 9518 3690).

7. Detention system requirements for the property are as follows: Minimum storage = 2.57 cubic metres Maximum discharge rate = 4.65 litres per second Minimum orifice diameter if using orifice pit = 65mm, otherwise install a Phillips multi cell or similar to control outflow.

8. An on site detention system for storm events up to the 1% AEP event to be retained on

site for the basement carpark.

9. The detention system for the property, which is to be at ground level and discharge by gravity, is to be separated from the detention system for the basement car park.

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10. A Licensed Surveyor or Civil Engineer (who is a Registered Building Practitioner) must certify that the stormwater detention system including all levels, pits, pipes and storage volumes is constructed in accordance with the approved plans. The certifier’s registration number must be included on the certificate.

CARRIED 4.12 77 Waimarie Drive, Mount Waverley: Buildings And Works (Replace Performing Arts

Centre) Associated With An Existing Education Centre (Huntingtower School) Moved Cr Little, Seconded Cr Pontikis

NOTE: Cr Lo disclosed an interest in this item as a former student of the applicant and a member of the Huntingtower Old Students Association. He left the Chamber oat 9.10 pm and returned at 9.11 pm, after the Council had concluded its deliberations and vote on the item.

That Council resolves to Grant a Planning Permit (TPA/44382) for buildings and works (replace Performing Arts Centre) associated with an existing education centre (Huntingtower School), at 77 Waimarie Drive, Mount Waverley subject to the following conditions:

1. The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

2. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

3. Adequate provision must be made for the storage and collection of garbage and other solid wastes and these facilities are to be located on the site to the satisfaction of the Responsible Authority.

4. The entire site’s stormwater drainage must be directed to the existing school drainage network to Council Standards.

5. All on-site stormwater is to be collected from hard surface areas and must not be allowed to flow uncontrolled into adjoining properties.

6. Landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority

7. No more than 752 seats for patrons are to be made available in the Performing Arts Centre.

8. Before the development permitted is completed, areas set aside for parked vehicles and access lanes as shown on the endorsed plans must be:

(a) constructed to the satisfaction of the Responsible Authority;

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(b) properly formed to such levels that they can be used in accordance with the plans;

(c) surfaced with an all-weather sealcoat to the satisfaction of the Responsible Authority;

(d) drained, maintained and not used for any other purpose to the satisfaction of the Responsible Authority;

(e) line-marked to indicate each car space and all access lanes to the satisfaction of the Responsible Authority.

Parking areas and access lanes must be kept available for these purposes at all times.

9. Event car parking must be consistent with the Event Traffic Management Plan prepared for the venue and to the satisfaction of the Responsible Authority.

10. Prior to the development commencing, a construction management plan must be prepared and submitted to the Responsible Authority for approval. The plan must be to the satisfaction of the Responsible Authority. Once approved, the plan must be implemented to the satisfaction of the Responsible Authority. The plan must address the following issues:

q) all vehicle access to the site for all vehicles associated with the development must be via Waimarie Drive only;

r) measures to control noise, dust and water runoff;

s) prevention of silt or other pollutants from entering into the Council’s underground drainage system or road network;

t) the location of where building materials are to be kept during construction;

u) site security;

v) maintenance of safe movements of vehicles to and from the site during the construction phase;

w) on-site parking of vehicles associated with construction of the development;

x) wash down areas for trucks and vehicles associated with construction activities;

y) cleaning and maintaining surrounding road surfaces;

z) a requirement that construction works must only be carried out during the following hours:

• Monday to Friday (inclusive) – 7am to 6pm;

• Saturday – 9am to 1pm;

• Saturday – 1pm to 5pm (Only activities associated with the erection of buildings. This does not include excavation or the use of heavy machinery).

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When approved the endorsed plan will form part of the permit.

11. The construction works associated with the development hereby permitted must only be carried out during the following hours:

• Monday to Friday (inclusive) – 7am to 6pm;

• Saturday – 9am to 1pm;

• Saturday – 1pm to 5pm (Only activities associated with the erection of buildings. This does not include excavation or the use of heavy machinery);

unless otherwise approved in writing by the Responsible Authority.

11. All noise control provisions necessary to meet State Environmental Policies must be incorporated into the architectural and mechanical service system designs.

12. The amenity of the area must not be detrimentally affected by the use and development through the emission of noise or traffic congestion.

13. This permit will expire in accordance with section 68 of the Planning and Environment Act 1987, if one of the following circumstances applies: • The development is not started before 2 years from the date of issue. • The development is not completed before 4 years from the date of issue. In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of the permit expiry date, where the development allowed by the permit has not yet started; or within 12 months of the permit expiry date, where the development has lawfully started before the permit expires.

NOTES-

1. Building approval must be obtained prior to the commencement of the above approved works.

2. Disabled access to the building must be provided and constructed in accordance with Australian Standards Design for Access and Mobility AS 1428.1.

3. Unless no permit is required under the planning scheme, no sign must be constructed or displayed without a further permit.

4. One copy of the plans (A3-A1 size) for the drainage works must be submitted to the Engineering division for Council records.

CARRIED 4.13 Town Planning Schedules

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Moved Cr Zographos, Seconded Cr Perri

That the report containing the Town Planning Schedules be noted. CARRIED 5. CHIEF EXECUTIVE OFFICER’S REPORTS 5.1 Assembly of Councillors Record

Moved Cr Drieberg, Seconded Cr Davies

That Council notes the Assembly of Council records submitted as part of the requirements of the Local Government Act 1989.

CARRIED 5.2 Monash Council’s 2014/2015 Annual Report

Moved Cr Drieberg, Seconded Cr Little

That Council considers and receives the Annual Report for the 2014/2015 year in accordance with the Local Government Act 1989.

CARRIED 6. COMMITTEE REPORTS 6.1 Audit & Risk Committee Minutes

Moved Cr Lake, Seconded Cr Drieberg

That Council:

1. Accepts the unconfirmed minutes of the 18 August 2015 Audit & Risk Committee (the Committee); and

2. Notes that the minutes will be signed by the Chair of the Committee at the next Committee meeting, and any changes to the unconfirmed minutes will be reported to the next Council meeting.

CARRIED

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6.2 Car Parking Improvements For Oakleigh Activity Centre

Moved Cr Pontikis, Seconded Cr Perri

That Council:

1. Notes that the Parking Precinct Plan for an additional 195 spaces in Atkinson Street has been fully subscribed in terms of the Planning Permits issued.

2. Confirms the preferred site for additional parking in the Oakleigh Activity Centre as the Atkinson Street (Nos 129-133) site as per the current Parking Precinct Plan.

3. Refers to budget funding of $8.7M over the 2016/17 financial years for the construction of 2 levels over the Atkinson Street car park between Palmerston Grove and Atkinson Street in 2016/17 and 2017/18.

4. Indicates a preference to commence the EOI process in January 2016 so that the construction tender can be awarded by June 2016 with an estimated completion in mid 2017.

5. Consults with the community on the proposed construction of the Atkinson Street car park including the proposed timelines as per the Consultation Plan in this report

6. Determines that the Consultation Plan should include: a. On Line survey – ‘This is our Plan’. Survey is to seek comments on project

and timelines. b. 2 Listening posts – Saturday morning and Thursday afternoon in Oakleigh. c. Social Media d. Meeting with Oakleigh Traders Association to seek feedback on project

and proposed timelines. e. Survey to close 4 December f. Letters to Local Residents and Traders informing them about the project

and inviting them to meet at a venue in Oakleigh 7. Confirms asphalt resurfacing works, landscaping and linemarking that will yield

an additional 15 spaces in the Hanover Street car park to commence in early 2016 after consultation with the Oakleigh Traders Association and Oakleigh Rotary as organisers of the Sunday market.

8. Continues to investigate longer term options for increased car parking in the Oakleigh Activity Centre

9. Continues to meet with the Oakleigh Parking Steering Committee to discuss parking needs into the future

10. Commences the process to introduce a new Parking Overlay which will require developers pay a cash contribution for every car parking space that is not provided on their own land.

11. Pursues options for funding of proposed Atkinson Street car park and future car parking via possible land sales of 3 and 7 Oxford Street and other surplus land in the vicinity.

CARRIED

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6.3 Monash Gallery of Art – Appointment of New Committee of Management Member Moved Cr Little, Seconded Cr Pontikis

That Council: 1. Endorses the appointment of Dr Kathryn Hendy-Ekers to the Monash Gallery of

Art Committee of Management. 2. Formally thanks Mr Peter Horacek for his contribution to the Monash Gallery

of Art Committee of Management. CARRIED 7. NOTICES OF MOTION

7.1 Discretionary Fund Applications

NOTE: Crs Drieberg and Perri each disclosed an interest in this item. Cr Perri is a board

member of one of the applicants and Cr Drieberg has a close association with the program facilitator of one of the applicants. They both left the Chamber at 9.14 pm and returned at 9.15 pm, after the Council had concluded its deliberations and vote on the item.

Moved Cr Lake, Seconded Cr Davies

That Council resolves to approve the following applications for funding from the Discretionary Fund:

APPLICANT PURPOSE AMOUNT

RECOMMENDED Combined Rotary Clubs of Monash

Donation towards catering costs for Mayors Charity Golf Day

$500

Victoria Immigration and Refugees Coalition

Hall hire charges for 6 months $827.28 excl. GST

U3A Wheelers Hill

Donation towards costs of catering and hire of Council facility

$500

Cr Davies said that he was pleased that the Council was supporting service organisations such as Rotary.

CARRIED

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7.2 Gender Equity Advisory Committee Moved Cr Drieberg, Seconded Cr Nolan

That Council: 1. Establishes a Gender Equity Advisory Committee; 2. Appoints Councillors Drieberg, Nolan, Paterson and Perri to the Gender Equity Advisory Committee. 3. Adopts the proposed Terms of Reference for the Gender Equity Advisory Committee.

Cr Davies said that there was not much gender equity in the proposed composition of the Advisory Committee.

AMENDMENT

Moved Cr Perri, Seconded Cr Davies

That Part 2 of the motion be amended by the addition of Cr Pontikis’ name. CARRIED

SUBSTANTIVE MOTION Cr Lo said that he supported gender equity. He said that results of a recent survey in the USA showed that only 20 percent of senior executives supported gender equity, which was very disappointing. He noted the number of female Council staff and that the Chief Executive Officer was a woman. Cr Drieberg said that she was pleased to move the motion and proud to be part of a Council that was a leader in gender equity. The motion was also about males and men’s health. Two sides of the gender equity coin had to be considered. Supporting males to have options also ensured that females would have more choices available to them regarding family and career, etc. Cr Perri supported Cr Drieberg’s comments, saying that the Council was committed to gender equity, which also tied into the issue of domestic violence. Cr Perri noted that the Council had been an early supporter of campaigns by the sector to address domestic violence and that the Council was innovative in the gender equity space.

CARRIED

7.3 Monash Enterprise Centre Board: Appointment of Members Moved Cr Lo, Seconded Cr Perri

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That Council notes the appointment of six (6) additional members to Monash Enterprise Centre Limited Board.

Cr Lo said that the Board was working towards the opening of the EIBC. He added that he was excited by Governments supporting innovation and projects like the EIBC, which facilitated innovation. He added that the Board considered that the new Board members had excellent and valuable expertise, coming from backgrounds that included law, education and venture capital. In response to a question frm Cr Zographos, the Director Community Development and Services advised that the EIBC would be opening in the new year, the timing depending on the availability of the Prime Minister and the Premier of Victoria. In response to a question from Cr Davies, she also advised that space in the Centre had begun to be tenanted.

CARRIED 7.4 Legal Services

Moved Cr Lake, Seconded Cr Davies

1. That Council directs the Chief Executive Officer to investigate appropriate methods and strategies to reduce Council’s legal expenditure for 2016-17 by a target of around 40% from 2014-15 levels while maintaining the quality and appropriateness of legal advice obtained and relied upon by Council.

2. That external legal procurement advice be sought on how best to reduce Council’s

legal costs which considers at least the following strategies: a) appointing a legal services panel through a competitive process which invites

firms to tender on the basis of discounted hourly rates or fixed fee rates (and in the case of firms which are on the State Government’s legal services panel, where firms rare actively encouraged to tender at the same level or lower to what they currently offer the State Government);

b) appointment of a General Counsel and/or more junior in-house counsel position to assist Council with its legal advice needs, its procurement of external legal services and with reducing costs;

c) establishing a centralised procurement point within the Council’s administration for approving and seeking all internal requests for external legal requests.

d) investigating alternative options for Council representation in VCAT planning matters such as relying more on existing town planning staff, utilising junior barristers who are briefed directly by Council rather than by a solicitor and engaging professional advocates rather than lawyers.

3 That the Chief Executive Officer be requested to report back to Council by March

2016, outlining the outcome of the review, recommendations on what changes are to be implemented, the target reduction in legal fees which can be achieved in

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2016-17 without compromising the quality of legal advice received and relied upon by Council and any other relevant matters for consideration.

Cr Lake said that he proposed an ambitious target for the reduction in Council’s legal service expenditure and was not sure that it would be met. But the Chief Executive Officer would not be held to account if it was not. However, significant savings could be achieved via the actions outlined in the motion. Cr Lake noted that the Local Government Act provided for legal services to be exempt from a competitive process. However, it was good practice to subject these services to such a process. Cr Lake said that other measures could also be considered, such as engaging an in-house legal counsel, an approach that has worked successfully for the City of Glen Eira and the City of Melbourne, which has had such a position for some decades. The creation of this position would offer the ability to centralise the coordination of legal service advice for the different areas and functions of the organisation. The review of the delivery of legal services could provide a possible saving of $400,00 in an environment where the Council will have to contend with rate capping. Such savings could contribute to Council projects such as Stage 3 of the Valley Reserve intergenerational space, as an example. Cr Lake said that these options would not lead to a reduction in the quality of legal advice or services to the Council. In response to two questions from Cr Zographos, Cr Lake advised that an external, independent consultant would be engaged to provide advice on the legal procurement and that he was uncertain as to how many other Councils had a competitive process for such services, but expected that many would have. Cr Zographos said that he was confident that the savings target could be achieved, but was not convinced about the merits of an in-house counsel. H added that he was concerned about the high level of expenditure on legal services but considered the target savings were within the Council’s capacity to be achieved. Cr Davies commended Cr Lake’s initiative and said that he supported the motion.

CARRIED 7.5 Recognition of Norm Gibbs

Moved Cr Perri, Seconded Cr Zographos

1. That the Council recognises the contribution made by Mr Norman (‘Norm’) Gibbs OAM to the municipality of the City of Monash, through his exemplary service to the community.

2. That Council agrees to administrative arrangements being made to provide

Norm Gibbs with on-site parking for Council meetings at the Civic Centre and to be allocated a seat in the public gallery for those meetings.

Cr Perri said that Norm Gibbs was one of the nicest people that anyone could meet and the motion was completely appropriate, to recognise the significant

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contribution that Norm had made to the community over a very long time and in so many ways. Cr Perri noted a number of Mr Gibbs’ achievements through Rotary, the Caroline Chisholm Awards and his volunteering work for numerous charities. Cr Perri noted that Mr Gibbs had attended every Council meeting, for many years and this was also a fitting acknowledgement of his dedication. Cr Zographos said that the motion was a fantastic show of the respect that Mr Gibbs had from the Council, for his achievements in the community and suggested that Councillors, with himself and Cr Perri taking turns, first, arranging to drive Mr Gibbs to Council meetings.

CARRIED 8. URGENT BUSINESS

Nil.

9. COUNCILLORS’ REPORTS

9.1 Cr Perri noted the event held at the Monash Gallery of Art on 26 October 2015, to celebrate the Generating Equality and Respect program, at which Ms Rosie Batty was guest speaker. Cr Perri noted the Mayor, Cr Klisaris’ tremendous leadership on the issue of domestic violence.

9.2 Cr Zographos:

a) noted that the Glendi Festival would be held this weekend, with programs available at Council libraries. b) Suggested that more needed to be done to make people aware of the new 40 kph speed limit in Oakleigh c) Would seek further action from Council officers on lighting and signage at a pedestrian crossing, in Burlingtons Street, Oakleigh. d)

9.3 Cr Lo a) noted the announcement on 12 October 2015 of funding for an urban park in Ashwood, the Holmesglen Neighbourhood Activation Project, for which the State Government had allocated $250,000 in funding. b) Advised that the annual Multicultural Forum, conducted via the Multicultural Advisory Committee, would be held on 12 November 2015 with the theme of social cohesion.

9.4 Cr Little informed the Council of the Ashwood Community Festival, which would be

held on 15 November 2015. 9.5 Cr Lake advised Council of:

a) MAV October State Council: Three motions were passed by the MAV State Council – two motions from Monash, one relating to approaches, policy frameworks and

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strategies to consultation and community engagement with a view to strengthening consultation practice across the sector, the other regarding the activities of a number of private car park operators, including Care Park which are issuing ‘Payment Notices’ which are designed to mislead people into believing that these notices are enforceable parking fines backed by Victorian law. The motion called upon the MAV to advocate to the State Government and Consumer Affairs Victoria on this matter. The third motion passed by the Council will permit the media to attend State Council meetings b) the activities of the Alliance for Gambling Reform, which he chairs and the airing of a documentary on the ABC; “Ka Ching!: Pokies Nation” which investigated the addictive elements of poker machine gambling; the official launch of the Alliance at the offices of Maurice and Blackburn Lawyers.

10. PERSONAL EXPLANATIONS Nil

11. MATTERS OF COUNCIL IMPORTANCE Nil

12. CONFIDENTIAL BUSINESS

Moved Cr Lo, Seconded Cr Drieberg That, as there are items that are considered to be contractual and personnel matters, that the meeting be closed to the public in accordance with Section 89(2) of the Local Government Act 1989

CARRIED RETURN TO OPEN COUNCIL The Council returned to Open Council and the Acting Chairperson declared the meeting closed.

The Mayor declared the meeting closed at10.22 pm

MAYOR: ......................................…………

DATED THIS ............................... DAY OF ............................... 2015

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Public Question Time

Question from Sani Lee Is the Council aware of Japara Heathcare’s planned development of a new 105 bed aged care facility at 35-37 Regent Street, Mount Waverley? Many of the neighbours around the area have expressed deep concerns that a development this size is counterproductive to the intent of the new zoning in restricting use of land abutting creek beds. What is the Council’s attitude towards this type and size of development in the proposed NRZ-2 (properties abutting Valley Reserve). No formal application has been lodged. Council has been advised that some residents have received letters from Japara Healthcare about their purchase of the site and proposed development. We are unsure of what exactly may be proposed as no specific details and plans are available. Being an aged care facility, only the construction of the building would require a Planning Permit. If adopted, the NRZ2 controls would add additional requirements to Council’s assessment such as greater regard to the built form, the bushland setting, tree planting and views to and from the creek. Council is yet to resolve if these controls will apply. Question from Melissa Wood We have been made aware that an aged care provider has purchased 35-37 Regent Street, Mount Waverley and is planning a 100 plus bed facility on the site (as per announcement on their website http://www.aspecthuntley.com.au/asxdata/20150928/pdf/01665924.pdf). Is council aware of this proposed development? Does council feel that the Japara proposal is in keeping with the the intent of the new NRZ-2 zoning in restricting use of land abutting creek beds, specifically in this case Valley Reserve?. As mentioned earlier, no formal application has been lodged. Council has been advised that some residents have received letters from Japara Healthcare about their purchase of the site and proposed development. We are unsure of what exactly may be proposed as no specific details and plans are available. If adopted, the NRZ2 controls would add additional requirements to Council’s assessment such as greater regard to the built form, the bushland setting, tree planting and views to and from the creek. Council is yet to resolve if these controls will apply. Question from Kalista Sears I am writing regarding the propose rezoning with respect to Japara’s plans for a ~105 bed aged care facility at 35-37 Regent St, Mt Waverley as per their press release. This appears contradictory to the rezoning proposed for land abutting Valley Reserve (NRZ-2) to preserve its “garden city” character, livability and ecological importance. Given this, is our council with respect to this site:

• aware of Japara Healthcare’s planned development? • in correspondence with Japara or the state government. Have decisions been made? • supportive of this type and size of development? • planning to consult the community?

As already stated, no formal application has been lodged. Council has been advised that some residents have received letters from Japara Healthcare about their purchase of the site and proposed

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61 development. Council has not spoken with or corresponded with Japara Healthcare on this site. We do not know what correspondence or discussions have occurred with the State Government, but Council has not made any decisions on this matter. We are unsure of what exactly may be proposed as no specific details and plans are available. If an application is lodged, it will be publically advertised for 14 days and residents will have the opportunity to object to the application. Question from Howard Walker In rejecting the community proposal to develop Central Car Park as open public space Council Officers claim the cost of replacing the 260 car spaces would be in excess of $17 million. What are the costs and please provide calculations to support this figure? In the Glen Waverley Masterplan and Glen Waverley Structure Plan, Council identified the Central Car park land as being a suitable location for a Community hub, library and plaza. Council has not made any decision on the future of this land, but continues to believe that the site is suited to these uses. A number of submissions identified that the car parking should be built underground and the existing car park should be used as open space. The officer’s response was directly in response to these submissions. Construction estimates for basement car parking equate to at approximately $65,000 per car space. At this construction cost, this option runs to over $17 million. There may be a future ability to provide the car parking above ground or in a different configuration. Should a decision be made to relocate parking be it on the land or elsewhere, the exact costs can be determined. Irrespective of whether parking is provided above or below ground the cost of replacement parking is significant. Question from Murray Nicholas Item 4.1 proposes referring submissions in relation to amendment C120 to an independent review panel appointed by the State Minister for Planning. Will Council guarantee, to the community, not to entertain any EOI or proposal to purchase, nor to undertake any other contractual action likely to restrict or commit to any party, any part of Central Car Park unless and until the Minister approves amendment C120 following the independent panel’s report and that approval has been duly gazetted? The Glen Waverley Activity Centre, including the Central Car Park area, is currently within a Commercial 1 zone. The main purpose of this zone is “To create vibrant mixed use commercial centers for retail, office, business, entertainment and community uses.” Whilst Amendment C120 proposes to introduce planning provisions to guide development in the Glen Waverley Activity Centre, redevelopment of the Central Car Park, as set out in the Glen Waverley Structure Plan, are not prevented under the current planning provisions and prior to the approval of C120. Any decision on the future of the Central Car Park site, is not reliant or specifically tied to Amendment C120. In accordance with Council’s resolution from earlier in the year, Council currently plans to commence an EOI process next month in respect of the site. Question from Gayle Nicholas Submissions from the community ask for open, green and people managed space on Central Car Park. Council’s Report offers the people Kingsway, a busy commercial space and thoroughfare (from town square, library and Council Offices). While the Central Car Park proposals support adjacent business

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62 Kingsway can never achieve the objectives set out in submissions. Further PTV has indicated a low priority and lack of funds for completing works necessary for Council to fulfil its offer to the people. Would Council provide a realistic and substantiated date for Kingsway being made available as public open space? Amendment C120 provides a long term vision for the development of the Activity Centre. Where outcomes are reliant on actions by parties other than Council, the timeframes are unknown, but their presence in the Structure Plan allows for Council to advocate for the outcome. In the more immediate term the Structure Plan identifies the potential for a public square, and although smaller than some members of the community have requested, it has a future ability to expand into part of Coleman Parade and Railway Parade South and eventually possibly into Kingsway over time. Whilst certain matters may be a low priority for a government today this priority may change into the future. Question from Lynnette Saloumi “The City of Monash boasts six libraries. Of these, the Glen Waverley branch is well resourced especially in comparison to the Mulgrave branch that is imbedded in a small room inside the Community House. Given that the existing Glen Waverley Library does not generate any measurable economic activity outside its walls, especially with the library’s restricted hours, and mindful that the nearby schools provide their own libraries, apart from being a rate-payer funded after-school hours free care facility, what evidence is there that the branch needs a new location in the heart of Glen Waverley Activity Centre?” Libraries make a significant contribution to the community both economically and culturally. The current library attracts people of all ages and from all walks of life. Council has identified a need for a Civic space in the heart of the Activity Centre, and a new and larger library and community space is considered ideal. The current library is too small and cannot cater to the current or expected future demand. Regardless of any outcome on the Central Car Park site, a bigger library space for Glen Waverley is a high priority in the short to medium term. The further opportunity that is offered by the Central Car Park site is that the current library building will allow for Council to co-locate staff and utilise the former library space as office space. Question from Derek Balogh "Venice has protected St. Mark's Square, for more than 900 years. The visitors still come. Leichhardt City Council promotes its public square,in Norton Street, Leichhardt. They stage International events in their square. Melbourne City Council promotes the very popular Carlton Festival, which is known across the city. When will the public consultation across the MCC area, by our Monash City Council, to open discussions, the submission, to create a magnificent public square, on the Central Park Site, for the local residents, schools and ethnic groups and broader community, and enshrine the remaining 'Open Space' in Glen Waverley's CBD?" Council is tonight considering Amendment C120 to the Glen Waverley Structure Plan and officers are recommending that this amendment be referred to a Panel. The Structure Plan provides options and guidance for development on public and private land. Council is not making any decisions on the future of any Council owned land as part of this amendment. Following three years of strategic planning work and significant public consultation in respect of the site, Council has previously resolved to commence an EOI process for the Central Car

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63 Park site and currently plans to do this next month. Whilst some residents have expressed a desire to see the whole site turned into a public park the reality is that realizing this aspiration is in the tens of millions of dollars and is not affordable or is considered to be the ideal use of the site. The Structure Plan does identify a Civic presence and public plaza on parts of the land. These options have been widely consulted on in concept form and have benefited from further refinement following feedback recently from a group of interested residents. Any future decision of Council to sell the Central Car Park land following an EOI process will include community consultation at the appropriate point in time. Council also has mandatory consultation requirements under the Local Government Act that it must follow as part of any sale process and these will be followed. Question from Inez Cottrell-Baker Consideration of Submissions to Monash Planning Scheme Amendment C125. If the proposed new residential zones(Amendment C125) are approved, hence devaluing a large percentage of the residential zones in the Monash area, will the Council then re-access the Council Rates to reflect the decrease in the value of the properties? There is no evidence to suggest that any property will be devalued as a result of Amendment C125 if adopted by Council. There is recent research from Melbourne University that suggests that there could be positive increases in property value where garden character and tree canopy exists. Council in proposing and making these amendments does so on Planning grounds and cannot have regard to property values be they increased or decreased. Council does undertake revaluations of properties every 2 years as required under legislation. These revaluations consider any planning controls that may apply. Question from Caroline Bayliss

I refer to Attachment 4.2 and in particular, the recommendation by Council officers that the site coverage for GRZ3, NRZ1 and NRZ4 be increased to 50%, above the 40% proposed during the public consultation process, along with consequential changes to permeability from 40% to 30%.

I seek further information on the “more detailed analysis” cited in the report that “has shown that setting site coverage at 50% will achieve the garden character outcomes ….. without unduly limiting buildable area on the average allotment in these zones.”

Who has undertaken this analysis, what are its specific findings and they publicly available?

The planning controls, be they existing controls or as proposed by amendment C125 should not be read in isolation. The proposed site coverage amendments read in conjunction with increased setbacks, open space and planting requirements means there will be more space for planting so as to contribute to the garden character of the city. Officers have undertaken an analysis of existing and proposed developments and in their professional opinion the change to site coverage allows the average lot to continue to be developed and make an improved contribution to the Garden City Character. Question from John Clements President, Friends of Damper Creek Reserve Inc.(FoDC) Item 4.2 Consideration of submissions to Monash Planning Scheme Amendment C125 Implementation of the New Residential Zones.

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64 "FoDC commends the Council's proposed residential zones NRZ2 Creek Abuttal and NRZ3 Creek Environs. Protecting open space and replanting canopy trees in the areas surrounding the creeks in Monash is vital to the health and biodiversity of the Monash bushland reserves. Fauna resident in reserves depend on the surrounding streets for food and habitat. The value of these reserves for walking and appreciating nature is also enhanced by the surrounding vegetation and open spaces. Does Council view the implementation of NRZ2 and NRZ3 as vital to achieving the objectives of its newly released Environmental Sustainability Strategy 2016 - 2026?" The Environmental Sustainability Strategy is a draft document currently out for community consultation. It has not yet been adopted by Council. The proposed NRZ 2 (Abuttal) and NRZ 3 (Environs) are part of a broad group of actions and do assist in achieving some of the identified outcomes of the strategy and whilst important is not vital to achieving the recommendations of the strategy if adopted. Question from Des Olin I have been receiving emails concerning the setbacks with the future development of Monash; the emails indicate that removal of the side fences and 5metre from the rear fence. If the council is looking at fence to fence building, then I seek the support of Monash Councillors to have this motion deferred so that the Monash Ratepayers can speak with all relevant officers and Monash Councillors on this future decision which will affect many residents with overshadowing. Council is due to consider the officer report on Amendment C125 later on in tonight’s Agenda. I cannot pre-empt the Council decision. Question from K. Papakonstantinou Why has the council in its review of objections to Amendment C125 decided to go ahead with the reduction from 60% to 40% in the amount of land that may be built upon, despite the fact that Neighbouring Councils, Greater Dandenong and Glen Eira have adopted a 50% coverage. Why despite the Officer's comment that after a more detailed analysis has shown that setting site coverage at 50%, will achieve the garden character outcomes has the officer decided that No change is recommended to the proposed site coverage for the Neighbourhood Residential Zone Schedules 2 & 3. Amendment C125 has two main a objectives:

• to be directive about where increased development occurs; and • to limit or reduce development potential in the garden suburban or sensitive areas of Monash.

The areas proposed to be rezoned to Neighbourhood Residential 2 & 3 are areas where development potential will be limited. They are areas that will continue to maintain the lower density character they have now and any new development will respect the sensitive creek corridors, topography and treed environment. The Neighbourhood Residential 2 & 3 zones have an increased emphasis on maintaining and enhancing the dominance of the landscape in these areas. Reducing the site coverage standard to 40% is consistent with protecting these sensitive, lower density areas. Question from Joe Savoria

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65 Is the council planning to advise affected rate payers of the impact of the proposed amendments to land value? If not, why does council deem this to be something residents don't want to know? Council has written to every residential land owner and occupier in the Municipality of the proposed amendment. Council does not know what affects if any Amendment C125 may have on land values, be it an increase or decrease. Under the Planning & Environment Act Council cannot consider land value in considering zoning changes. The reality is valuations are affected by many things and zoning is just one.