notice paper - city of stonnington · 10/27/2014 · materials and finishes including aluminium...

NOTICE PAPER

Monday 27 October 2014 at 7pm

Council Chamber, Stonnington City Centre,

(enter off Glenferrie Road, Malvern)

RECONCILIATION STATEMENT

We acknowledge that we are meeting on the traditional land of the Boonwurrung and Wurundjeri people and offer our respects to the elders past and present. We recognise and respect the cultural heritage of this land.

PRAYER

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

NOTE

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

http://www.stonnington.vic.gov.au/

Council Meeting

Notice Paper

Monday 27 October 2014

Order of Business and Index

a) Reading of the Reconciliation Statement and Prayer

b) Apologies

c) Adoption and confirmation of minutes of previous meeting(s) in accordance with Section 63 of the Act and Clause 423 of General Local Law 2008 (No 1)

1. MINUTES OF THE COUNCIL MEETING HELD ON 13 OCTOBER 2014 ...................................................... 5

d) Disclosure by Councillors of any conflicts of interest in accordance with Section 79 of the Act1

e) Questions to Council from Members of the Public

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

g) Questions to Council Officers from Councillors

h) Tabling of Petitions and Joint Letters

i) Notices of Motion

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

k) Reports by Delegates

l) General Business

1. PLANNING PERMIT APPLICATION 0869/13 - 523 DANDENONG ROAD, ARMADALE - CONSTRUCTION OF A MULTI-DWELLING DEVELOPMENT IN A RESIDENTIAL GROWTH ZONE AND

ASSOCIATED REDUCTION IN THE VISITOR CAR PARKING REQUIREMENT AND ALTERATION OF

ACCESS TO A ROAD ZONE CATEGORY 1 ............................................................................................. 7

2. PLANNING PERMIT APPLICATION 0370/14 – 50 DAVIS AVENUE, SOUTH YARRA – RESTAURANT

AND CAFE LIQUOR LICENCE AND CAR PARKING DISPENSATION ASSOCIATED WITH THE USE OF

THE LAND AS A RESTAURANT (AS OF RIGHT USE) .............................................................................. 33

3. PLANNING PERMIT APPLICATION 0369/14 – 134 – 136 TOORAK ROAD, SOUTH YARRA –

RESTAURANT AND CAFE LIQUOR LICENCE (INCLUDING FOOTPATH) AND CAR PARKING

DISPENSATION ASSOCIATED WITH THE USE OF THE LAND AS A RESTAURANT (AS OF RIGHT USE) ......... 43

4. PLANNING PERMIT APPLICATION 0368/14 – 140 & 144 TOORAK ROAD, SOUTH YARRA –

PACKAGED LIQUOR LICENCE AND CAR PARKING REDUCTION ASSOCIATED WITH THE USE OF THE

LAND AS A BOTTLE SHOP (AS OF RIGHT USE) .................................................................................... 53

5. REQUEST FOR A PLANNING SCHEME AMENDMENT TO REMOVE A RESTRICTIVE COVENANT FROM

THE TITLES OF 909, 911 AND 913 DANDENONG ROAD, MALVERN EAST ........................................... 65

6. PLANNING SCHEME AMENDMENT C189 - PERMANENT HERITAGE PROTECTION TOORAK HOUSE

PRECINCT ...................................................................................................................................... 69

7. ART ACQUISITIONS POLICY - UPDATED ........................................................................................... 77

8. ARTS AND CULTURAL SPONSORSHIPS 2014/15 AMENDMENT .......................................................... 79

9. TOORAK VILLAGE SCULPTURE EXHIBITION PROPOSAL ................................................................... 83

10. DUNLOP PAVILION REDEVELOPMENT .............................................................................................. 87

1 Note that s.79(1)(a) of the Act requires Councillors to disclose the nature of a conflict of interest

immediately before the relevant consideration or discussion.

11. CHAPEL STREET MASTER PLAN IMPLEMENTATION - GREVILLE STREET, KING STREET PRAHRAN

TOWN HALL PRECINCT. UPDATE .................................................................................................... 91

12. ANNUAL REPORT 2013/14 ............................................................................................................. 95

m) Other General Business

n) Urgent Business

o) Confidential Business

1) AMENDMENT C186 – UPDATE …………………..…………………………………………………….103

2) POSSIBLE PROPERTY PURCHASE …………..…………………………………………………………103

ADOPTION AND CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

27 OCTOBER 2014

RECOMMENDATION That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 13 October 2014 and Minutes of the Confidential Meeting of the Stonnington City Council held on 13 October 2014 as an accurate record of the proceedings.

GENERAL BUSINESS 27 OCTOBER 2014

l) General Business

1 PLANNING PERMIT APPLICATION 0869/13 - 523 DANDENONG ROAD, ARMADALE - CONSTRUCTION OF A MULTI-DWELLING DEVELOPMENT IN A RESIDENTIAL GROWTH

ZONE AND ASSOCIATED REDUCTION IN THE VISITOR CAR PARKING REQUIREMENT AND

ALTERATION OF ACCESS TO A ROAD ZONE CATEGORY 1

Statutory Planning Coordinator: Anthony De Pasquale General Manager Planning & Development: Stuart Draffin

PURPOSE For Council to consider a planning application for the construction of a multi-dwelling development in a Residential Growth Zone and associated reduction in the visitor car parking requirement and alteration of access to a Road Zone Category 1 at 523 Dandenong Road, Armadale. Executive Summary Applicant: Costa Navarino Pty Ltd

Sophie Jordan Consulting P/L Ward: South Zone: Residential Growth Zone (Schedule 1) Overlay: None Date lodged: 25 November 2013 Statutory days: (as at council meeting date)

78

Trigger for referral to Council:

More than 7 objections

VCAT Hearing Date 24 November 2014 Number of objections: 23 objections from 21 different properties Consultative Meeting: Yes – held on 30 April 2014 Officer Recommendation: That Council advise VCAT that had a Failure to Determine

appeal not been lodged that a Notice of Decision to Grant a Planning Permit would have been issued.

BACKGROUND The Proposal The plans that form part of the basis of Council's consideration were prepared by Conrad Architects Pty Ltd and are known Drawing No.s: TP05 rev E, TP06 rev E, TP09 rev E – TP15 rev E, TP20 rev E, TP21 rev E, TP30 rev E – TP35 rev E and are Council date stamped 24 September 2014. A landscape plan, prepared by John Patrick Pty Ltd, Council date stamped 24 September 2014. Additional information submitted for Council’s consideration include the following: Urban Context and Design Response Report, prepared by Conrad Architects Pty Ltd (Council date stamped 25 November 2013), Sustainable Management Plan, prepared by Ark Resources (Council date stamped 25 November 2013), Waste Management Plan, prepared by Ratio Consultants Pty Ltd (Council date stamped 25 November 2013), Traffic


Impact Report, prepared by Ratio Consultants Pty Ltd (Council date stamped 25 November 2013) and an Arboricultural Assessment Report prepared by Treelogic (Council date stamped 25 November 2013). Key features of the proposal are:

The proposal involves the demolition of the existing buildings on the land (no permit required) and the subsequent construction of a four storey development.

The development will comprise twenty seven (27) dwellings. Eighteen (18) dwellings are one bedroom and nine (9) dwellings are two bedrooms.

A basement level comprising 30 car spaces, including 28 car spaces for residents in the form of car stackers and 2 at grade car spaces for visitors. Storage areas for each dwelling and waste storage areas are also proposed within the basement. The basement is to be accessed from Dandenong Road.

The existing crossover along Dandenong Road is to be extended in width.

The proposal adopts a street setback from Dandenong Road measuring between 8.14 metres and 8.81 metres at ground floor level, and between 6.99 metres and 8.87 metres at first, second and third floor level.

The building will have a maximum building height of 13.35 metres above natural ground level. It is noted that to Dandenong Road, the proposal will have a street wall height up to 11.07 metres.

The proposed development is contemporary in architectural design and will incorporate materials and finishes including aluminium cladding, rendered cement, aluminium windows and doors and glass operable louvres.

The plans Council date stamped 24 September 2014 were formally submitted to Council as VCAT amended plans. Compared to the originally advertised plans (advertised in February 2014), the VCAT amended plans show the following main changes:

Deletion of one x one (1) bedroom dwelling at third floor level and subsequent changes to the building layout.

Reduction in the size of basement to allow increased setbacks from the eastern and western boundaries.

Provision of two (2) at grade visitor car spaces in the basement.

Provide an increased setback from the northern (rear) boundary at first and second floor levels.

Provision of additional landscaping along the front, side and rear boundaries.

Site and Surrounds The subject site is located on the northern side of Dandenong Road, approximately 115 metres east of Kooyong Road. The site has the following significant characteristics:

The land is zoned Residential Growth (RGZ, Schedule 1) and is not affected by any overlays.

The site is irregular in shape, with a frontage to Dandenong Road measuring 19.51 metres, a minimum depth measuring at 58.09 metres and a maximum depth measuring at 64.75 metres, resulting in a total site area of approximately 1141 square metres.

A detached double storey dwelling currently occupies the land. The existing dwelling is setback between 9 metres and 13 metres from Dandenong Road and approximately 20 metres from the northern (rear) boundary.

The land has a moderate fall from the south to the north by approximately 2.6 metres.

Vehicle access to the site is provided via a single crossover to the south eastern corner of the site, from Dandenong Road.


A significant Sweet Gum is located within the front setback and a significant Canary Island Palm tree is located in the rear setback.

The subject site forms part of an established residential area that exhibits an eclectic mix of dwelling types. Dandenong Road is a major arterial road that features robust built form including single storey semi detached and detached dwellings, double storey townhouses, with evidence of three and four storey apartment buildings on generously sized allotments. In this immediate section of Dandenong Road, there does not appear to be a consistent architectural style. The surrounding area is experiencing a transition and change in development, with evidence of contemporary style dwellings including multi unit developments interspersed amongst single storey period style dwellings. Aerial photographs indicate that there are several examples of development and built form extending deep into the rear. Consistent front setbacks contribute to the character of the area, allowing for generous front garden settings. The style of front fences vary, with evidence of low and or permeable to allow views to existing dwellings and solid masonry fences. Dandenong Road is a major arterial road that consists of a total of eight lanes, specifically, four lanes that run in an east to west direction and four lanes that run in a west to east direction. The centre of Dandenong Road is designated for tram services. To the south of the site, on the opposite side of Dandenong Road, is land located within the City of Glen Eira. The subject site has excellent access to services and facilities including a variety of goods to meet the everyday and speciality needs. Namely, Glenferrie Road, Malvern (a Major Activity Centre) is located approximately 600 metres north east of the subject site. In addition, the site is also highly accessible to major forms of public transport services including tram services that operate along Dandenong Road and Wattletree Road, Armadale Railway Station (approximately 900 metres north of the subject site) and Malvern Railway Station, (approximately 850 metres east of the subject site).

The site interfaces with adjoining properties as follows:

Land to the east, at 527 Dandenong Road is developed with a three storey brick building with a flat roof. It comprises under croft parking at ground floor level, with the upper levels designated for residential dwellings. There are a number of habitable room windows and balconies oriented west, that face the subject site. Along the western side of the site, extends a concrete driveway measuring approximately 4 metres wide. The existing building is setback approximately 7.67 metres from Dandenong Road. The existing building extends deep into the rear of the site, providing a setback of approximately 4 metres from the northern boundary. The rear setback is currently paved. The site is generally void of landscaping, apart from the garden areas within the front setback.

To the immediate west, at 519 Dandenong Road, the land is occupied by four double storey townhouses. The townhouses are constructed of brick with gabled roof forms. Secluded private open space areas for the dwellings are oriented north, south and or east. A common driveway runs along the western side of the site, providing access to garages that are generally constructed along the title boundaries of the site. Townhouse 1/519 Dandenong Road is setback approximately 7.55 metres from Dandenong Road and is bordered by a high front fence. Townhouse 4/519 Dandenong Road is setback from the rear boundary by approximately 4.5 metres.

A right of way measuring approximately 3 metres wide is located to the north of the site. Across the laneway are a number of residential properties fronting Wattletree Road. Generally speaking, these buildings are single and double storey in scale. More


specifically, the subject site is directly opposite the land at 60 Wattletree Road which is developed with 27 attached townhouses. This development is setback from the rear boundary at approximately 1 metre, whereby private open space areas are located on the eastern and western side of the site.

Previous Planning Applications

A search of Council records indicates there are no relevant planning applications.

The Title The site is described on Certificate of Title Volume 07425 Folio 908 on land described as Lot 5 on Plan of Subdivision 001293. There are no covenants or easements affecting the land and the applicant has signed a declaration to this effect. Planning Controls The following controls/permit triggers are considerations for this application: Zone Clause 32.07 – Residential Growth Zone Pursuant to Clause 32.07-4, a permit is required to construct and extend two or more dwellings on a lot. A development must meet the requirements of Clause 55 of the Stonnington Planning Scheme. Amendment C187, gazetted on 19 June 2014, implemented the Residential Growth Zone (RGZ, Schedule 1) to this site. The Residential Growth Zone does not restrict the number of dwellings allowed on a site. Clause 32.07-7 states that the maximum height of a building used for the purpose of a dwelling or residential building must not exceed the building height specified in a schedule to this zone. If no building height is specified in a schedule to this zone, the maximum building height should not exceed 13.5 metres unless the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the height of the building should not exceed 14.5 metres. This building height requirement replaces the maximum building height specified in Standard A4 in Clause 54 and Standard B7 in Clause 55.

Given that no maximum building height is outlined in Schedule 1 to the RGZ, the maximum building height should not exceed 13.5 metres unless the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the height of the building should not exceed 14.5 metres Furthermore, Schedule 1 to the Residential Growth Zone sets out variations to the requirements of Clause 55 of the Stonnington Planning Scheme as follows:

Standard Requirement

Site Coverage B8 Basements should not exceed 75% of the site area.

However, Section 5.0 to Schedule 1 of the RGZ, states that Schedule 1 to Clause 32.07 to the Residential Growth Zone does not apply to an application to construct a dwelling or residential building made before the approval date of the planning scheme amendment that introduced this schedule into the planning scheme. The requirements of Clause 55 as they


apply to Clause 55.03-2 as in force immediately before the said approval date continue to apply. This planning permit application was submitted to Council on 25 November 2013, i.e. before the planning scheme amendment was introduced. As such, Schedule 1 to Clause 32.07 to the Residential Growth Zone does not apply. Overlay None Particular Provisions Clause 52.06 – Car Parking Pursuant to Clause 52.06-3 of the Stonnington Planning Scheme, a permit is required to reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5. The table at Clause 52.06-5 states that one parking space is required to each one or two bedroom dwelling plus two parking spaces are required to each three or more bedrooms with studies or studios counted as bedrooms. In addition, a car parking space is required for every five dwellings for visitors. The development consists of twenty seven (27) dwellings, comprising 18 x one bedroom and 9 x two bedroom dwellings. The proposal will provide twenty eight (28) on site parking spaces for residents, which satisfies the statutory car parking requirement for resident parking. Two (2) visitor car spaces will be provided on site. Given that a total of five (5) visitor car spaces are required, the proposal seeks a reduction of three (3) visitor car spaces. Clause 52.29 – Land Adjacent to a Road Zone, Category 1 Pursuant to Clause 52.29 of the Stonnington Planning Scheme, a permit is required to create or alter access to a road in a Road Zone, Category 1. The relevant road authority is VicRoads. Clause 52.34 – Bicycle Facilities Pursuant to Clause 52.34-3, a dwelling requires the following bicycle spaces: In developments of four or more storeys, 1 to each 5 dwellings for residents. In developments of four or more storeys, 1 to each 10 dwellings for visitors. A total of eight (8) bicycle parking spaces are required (5 for residents and 3 for visitors). The proposal includes the provision of 8 bicycle parking spaces in the basement, including 5 for residents and 3 bicycle parking spaces for visitors. The requirements of Clause 52.34 have been satisfied. Clause 55 – Two or more dwellings on a lot and residential buildings Given that Clause 32.07-4 is triggered, an assessment against Clause 55 is applicable. Relevant Planning Policies Clause 11 Settlement Clause 15.01 Urban Environment Clause 15.02 Sustainable Development Clause 16.01 Residential development Clause 21.02 Overview Clause 21.03 Vision


Clause 21.05 Housing Clause 21.06 Built Environment and Heritage Clause 22.18 Stormwater Management Clause 32.07 Clause 52.06 Clause 52.29 Clause 52.34

Residential Growth Zone Car Parking Land Adjacent to a Road Zone, Category 1 Bicycle Facilities

Clause 55 Two or more dwellings on a lot and residential buildings Clause 65 Decision Guidelines

Amendment C175 – Neighbourhood Character Local Policy Amendment C175 has been prepared to introduce a new Neighbourhood Character Policy into the local section of the Stonnington Planning Scheme. The Neighbourhood Character Policy includes the preferred character statements, design objectives and design responses to be taken from the precinct profiles. The subject land forms part of the ‘Garden Suburban 1 Precinct’. This has the following preferred character statement:

‘The Garden Suburban 1 character precinct is defined by historic, urban residential areas that include many Victorian and Edwardian era dwellings. Streets have a formal subdivision pattern with modified grid layouts, footpaths and nature strips. Development is often of a ‘fine-grained’ nature, with small buildings or minimal side setbacks. There are also Interwar, Postwar or modern era flats which are up to three storeys in height. Regular front setbacks allow for small gardens and occasional canopy trees, and low front fences retain views to dwellings’.

The amendment was placed on public exhibition between 29 August 2013 and 30 September 2013. Ten submissions were received. Council considered submissions on Amendment C175 at its meeting on 3 February 2014 and resolved to request the Minister for Planning to appoint a Panel pursuant to Section 23 of the Planning and Environment Act 1987. At the conclusion of the Hearing, the Panel determined that the matter will be adjourned pending the gazettal of the new residential zones relating to Stonnington City Council. Once the new zones have been gazetted, a new hearing date to hear Council's closing submission will be scheduled. Now that the new zones have been introduced, a final panel hearing for closing submissions was held on 2 October 2014. Council is currently awaiting the Panel Report which is anticipated to be received late October/early November 2014. Following receipt of the report, Council will consider the Panel Report and whether to adopt the amendment at an upcoming Council Meeting.

Advertising The application has been advertised pursuant to Section 52 of the Planning and Environment Act 1987 by sending notices to the owners and occupiers of adjoining land and by placing two signs (one facing Dandenong Road and one facing the right of way) on the site. The public notification of the application has been completed satisfactorily. The site is located in South Ward and 23 objections from 21 different properties have been received. The objections can be summarised as follows:

Four storey development is out of character

Building height


Lack of articulation

Non compliance with Standard B17

Overlooking

Overshadowing

Laneway may become a secondary parking area for residents and visitors

Car Parking/ Traffic

Water tanks are insufficient

Location of letterboxes is impractical

Overdevelopment

More screening mechanisms such as trees

Affect property values

Noise and pollution

Lack of private open space provision

Insufficient bin enclosures

Ensure pergolas at ground level are not covered to prevent stormwater runoff A Consultative Meeting was held on 30 April 2014. The meeting was attended by Councillor Sehr, representatives of the applicant, objectors and a Council planning officer. The meeting did not result in any changes to the plans. As a consequence of the circulation of the VCAT amended plans, notice was given to all parties to the VCAT proceeding and all adjoining properties notified of the permit application who are not parties to the proceeding in accordance with Clause 12 of VCAT Practice Note – PNPE9 Amendment of Plans and Applications. Ten of the abovementioned properties have lodged Statement of Grounds with the Tribunal and are now parties to the current VCAT appeal. Referrals Infrastructure (based on advertised plans) Council’s Infrastructure Engineer raised no infrastructure related concerns. Should a permit be issued, the following conditions have been requested to be included:

A report for the legal point of discharge must be obtained from Council and a drainage design for the development must be prepared by a suitably qualified Engineer in accordance with the report prior to a building permit being issued. The drainage must be constructed in accordance with the Engineer’s design.

Urban Design (based on advertised plans)

The four storey scale is considered to be acceptable.

The extent of the basement is excessive. It is recommended that the basement be setback from the eastern boundary to allow for in ground planting to the courtyards above.

The extent of built form to the rear is excessive. At a minimum, the proposal (including the balconies) should adopt a similar rear setback as the western and eastern abutting properties.

The proposal should be revised to provide more landscaping. It should be noted that the VCAT amended plans address the concerns that were raised by Council’s Urban Design Officer. More specifically, the extent of the basement has been reduced from the eastern and western boundary to allow for in ground planting to the courtyards above. In addition, the rear setback has been increased, whereby the proposal adopts a similar setback


to the adjacent properties to the east and west. The provision of additional landscaping has also been addressed. Transport and Parking (based on VCAT amended plans) Car Parking Provision

The statutory rate is 32 car spaces (27 for residents and 5 for visitors). Based on the allocation of parking provided, being 28 parking spaces for residents within the stackers and two (2) conventional spaces for visitors, the proposed arrangements can be considered satisfactory.

The applicant should be aware that the future residents of the development will be excluded from the resident parking permit scheme. The on-street parking in the surrounding road network is not fully covered by parking restrictions at this time, but conversion to time restriction parking is considered likely in the future in response to increased parking intrusion.

Traffic Generation

The applicant’s previous estimate of 112 vehicle trips per day entering and exiting the parking area was considered unlikely to unduly impact the wider road network. As a result of the VCAT amended plans, the minor increase in parking spaces provided is unlikely to significantly alter the traffic assessment.

The location of the proposed access will limit all ingress/egress to left-in/left-out, which will reduce the potential for traffic impact at the access point.

Car Parking Design There are a number of concerns raised with the car parking layout and they are summarised as follows:

The Australian Standards classification for the development is 1A, and as there are between 25 and 100 parking spaces and the access is from an arterial road, the Australian Standards indicates a ramp/driveway width of 6m to 9m. The plans show that a passing area is provided at the top of the ramp, but it then narrows to 3m with 0.3m kerbs on either side. It is recommended that the applicant revise the design to include sufficient width for two-way traffic along the ramp.

The length of the at grade car spaces are not shown. The width of the access aisle is not shown. The spaces appear difficult to access based on the plans provided, and as such a demonstration that access can be achieved is recommended.

The applicant has not explicitly stated whether the spaces within the stacker are provided to Australian Standard (5.4m x 2.4m) or Planning Scheme (4.9m x 2.6m) dimensions. The applicant is to demonstrate that one or other of these requirements is met. The dimensions required are for the usable platform, not the overall stacker envelope.

The columns are shown within the parking aisle, which is not generally supported. It is understood that the type of car stacker proposed requires the columns to be located outside the parking bays, but in this case it appears that the columns impact access to the bays, and also have a higher likelihood of being struck.

The applicant previously provided turning template analysis in support of the parking bay arrangements, and specifically the columns which impact movement within the aisle. The turning templates were shown for a B85 vehicle, but given the location of the development


and the higher proportion of SUVs and large vehicles, it was recommended the access be demonstrated with a B99 vehicle. This has not occurred to date, and therefore cannot be considered satisfactory.

The doors for the switchboards open outwards, and should be revised. Mechanical Parking Design

The TIA previously stated that more than 25% of stacker spaces will accommodate vehicles 1.8m high, which accords with the Planning Scheme. As new stackers are proposed, and no traffic advice as been provided, this cannot be considered satisfactory.

Bicycle Parking Provision

The requirements of the Planning Scheme are for eight (8) bicycle spaces on-site, split as five (5) for residents, and three (3) for visitors. As such, the bicycle parking provision can be considered satisfactory.

The design of the bicycle storage is in accordance with the product specification, and can be considered broadly satisfactory.

Vehicle Crossing

The vehicle crossing design should be referred to VicRoads for comment, as it connects to a VicRoads controlled and managed arterial road. VicRoads should be aware that there is a public transport stop nearby.

Waste Collection

Waste collection is proposed kerbside, with bins moved through the vehicle lift. It is recommended that this be referred to Council’s Waste Management Unit for assessment, however it would appear that kerbside collection would impact sight distance and the operation of the public transport stop.

Parks (based on VCAT amended plans)

The submitted landscape plan is an improvement on the initial proposal, but still lacks certain detail.

Plan No.’s TP 15 & TP 20 appear to show landscaping along the northern boundary to be in-situ, but the landscape plan only refers to the construction of a retainer wall. If in-ground planting is possible, then it must be utilised.

Soil volume details need to be provided for areas notated as in-situ, and must be related to the previously circulated soil volume document from Urban, J. 2009 Up By The Root.

VicRoads (based on advertised plans) Should a permit be issued, the following conditions have been requested to be included: 1. The edges of the vehicular crossover on Dandenong Road, flared at 60 degrees with a

3.0 metre radial turnout at the kerb and with 1.0 metre clearance from any fixed object at the entrance to the property.

2. Provision for vehicles to enter and exit the site in a forward direction must be available at all times to the satisfaction of the VicRoads.

3. Before the use of the permitted development the driveway and cross-over in accordance with the approved plan must be constructed to the satisfaction of the Responsible Authority.


Waste Management (based on advertised plans) Council’s Waste Management Coordinator raised a number of key concerns with the submitted Waste Management Plan (WMP) prepared by Ratio Consultants Pty Ltd, Council date stamped 20 November 2014. These issues are detailed as follows:

It is apparent the authors are not familiar with, or have referenced, the “City of Stonnington – Residential Waste Management Guidelines”.

The City of Stonnington does not offer 80 waste litre bin services.

It follows that waste generation estimates contained therein have not been based on the standard Stonnington allocation of 120 litres/hh/week for garbage plus 120 litres/hh/fortnight for recyclables. Estimates must be revised to meet the Stonnington standard.

The calculated number of waste bins required (or waste storage capacity) is therefore deficient to Stonnington’s standard allocation. Provision of “Standard Bin Allocation” – as described above – must be included.

The bin storage space also needs to be adjusted to accommodate the required bins.

The Waste Management Plan must include advice that the Council’s Waste Collection & Disposal Services Policy states every rateable tenement is liable to pay a garbage charge irrespective of the level of waste collection services provided by Council to the tenement.

Reference to and actions from the now superseded “Toward Zero Waste” must be updated to reflect the Victorian State Government’s; ‘Getting Full Value. The Victorian Waste and Resource Recovery Policy’.

If a permit were to be issued, it recommended that the applicant submit a revised WMP that at a minimum, addresses the key issues as detailed above. Environmental Sustainable Design (based on advertised plans) General

Applicant to provide a copy of the full STEPS report.

Applicant to provide an implementation plan which identifies responsibilities, and a schedule for implementation, and ongoing management, maintenance and monitoring.

Indoor Environment Quality

Whilst considered a good initiative to improve natural ventilation potential of the development, the applicant should note that glass louvers to the western façade may contribute to heat gain in the summer, particularly if not operated appropriately. Applicant could consider a mix of materials to reduce this potential.

Water Efficiency and Stormwater

A 20,000 litre rainwater tank is proposed to be connected to internal toilets, and collect water from roof areas and balcony of Apartment 306. However, Applicant to note that Council does not ordinarily support connection of balconies to rainwater tanks due to potential water quality issues. This option can only be considered if further information and documentation on treatment/filtration and management measures is provided.

Current plans indicate that only 18% site permeability will be achieved. Site layouts should be reviewed in order to increase this value to meet or exceed Council’s minimum requirements. Increasing site permeability will also assist in improving landscaping and hence ecology/amenity potential.


Please ensure roof plans confirm areas to be drained to the rainwater tank. These values should correlate with STORM assessments.

Transport

Plans indicate that eight Ned Kelly bicycle spaces will be provided in the basement area (five residential and three visitor). The SMP proposes that seven residential spaces and three visitor spaces will be provided. As 28 apartments are proposed, both values are considered low and can be improved. Applicant to review value and ensure consistency between SMP and plans.

KEY ISSUES Strategic Justification

State Planning Policy A number of provisions outlined in the State Planning Policy Framework of the Planning Scheme are relevant to the policy setting for the assessment of this application. These include commentary about Structure Planning (Clause 11.02-3), Metropolitan Melbourne (Clause 11.04), Urban Design (Clause 15.01), Housing (Clause 16) and Transport (Clause 18). The State Policy objectives provide an impetus for the residential intensification of sites that are well serviced by physical and social infrastructure. Specific State Policy support for appropriate residential intensification is highlighted in Clause 16 (Housing). This includes strategies to increase the supply of housing in existing urban areas by facilitating increased housing yield in appropriate locations, including under-utilised urban land (Clause 16.01-1) and to increase the proportion of housing in Metropolitan Melbourne to be developed within the established urban areas particular within Activity Centres, employment corridors and at other strategic sites (Clause 16.01-2). The State Policy objectives with regard to transport, also provide a particular emphasis on encouraging higher land use densities and mixed use developments near railway stations, major bus terminals, transport interchanges, tramways and principal bus routes (Clause 18.01-2). When considered against the State policy direction, there is support for the proposed redevelopment and residential intensification of the subject site. The subject site is located on a major arterial road and is located near a Major Activity Centre (Glenferrie Road, Malvern). In addition, the State policy objectives in relation to transport provide strong support for the development of higher residential density on a site that is located on a main arterial road which is well served by public transport. As such, the subject site is considered to be an appropriate location to increase housing yield. Local Planning Policy The Stonnington Strategic Framework Plan identifies locations where specific outcomes are encouraged. With regard to residential intensification, this framework at Clause 21.05-2 directs medium density housing and higher scale development on land with immediate abuttal to a main road which is a tram or priority bus route. More specifically, Clause 21.05 (Housing) and Clause 21.06 (Built Environment and Heritage) of the Stonnington Planning Scheme directs new residential developments to locations that are highly accessible to both Activity Centers and public transport networks


and away from the lower density residential hinterland. The subject site is located within a substantial change area given its immediate abuttal to a main road and is also located on a priority tram/bus route. It is considered that the development site is of a size that is capable of being developed with new dwellings up to four storeys. The proposal will provide for a greater range of housing stock in this section of Armadale. This is consistent with Clause 21.03-1 (Housing Needs), which calls for ‘options for smaller households include multi-unit development, dual occupancies and other forms of medium density housing’. Specific built form outcomes are addressed in local Built Environment and Heritage Policy at Clause 21.06. This policy directs new buildings to not be significantly higher or lower than the surrounding buildings and that development be of a height and scale that is consistent with its particular setting and location. In this instance the height of the proposed four storey development is considered appropriate to the site’s location on a main arterial road and an area specifically identified for future residential intensification. Clause 21.06-2 (Landscape Character) seeks to establish high standards of landscape integration with all new developments. The primary objectives of this policy seek to ‘retain established trees and vegetation in front and side setbacks’ and ‘avoid extensive site coverage in medium and higher density developments so as to provide canopy landscaping, having regard to the existing or preferred character of the area’. The proposal will result in a 52 per site coverage. Having considered the layout of the development, which includes generous front, side and rear setbacks, the proposal is capable of incorporating additional canopy landscaping. In addition, it is important to highlight that as part of amendment C187, the subject site is now zoned Residential Growth (RGZ Schedule 1). The purpose of this zone is to encourage a scale of development that provides a transition between areas of more intensive use and development and areas of restricted housing growth. Also, within the Residential Growth Zone, a focus on increased housing density is encouraged including buildings up to and including four storeys. The proposal involves the construction of a four storey development, which is supported by the zoning of the land. In light of the above, it is considered that the subject site has strategic support for medium density development. The location is appropriate for urban consolidation and provides an opportunity for increased housing choice. The proposed development adequately addresses policy objectives of urban consolidation, streetscape character, household diversity and building form and is responsive to its context. Notwithstanding the general assessment, detailed consideration must be given to how the proposal specifically responds to the neighbourhood character, design and residential amenity. These are discussed further below. Clause 55 Neighbourhood Character / Design Detail Dandenong Road is major arterial road, whereby the immediate area and broader surrounding area features diverse built form, including developments up to three and four storeys. There is no consistent architectural style, with examples of single storey period dwellings, three storey 1970s flat buildings and contemporary apartment buildings. Buildings are commonly finished with weatherboard, brick or rendered external walls and incorporate a mixture of flat or pitched roofing.


The proposal involves the construction of a four storey residential building of contemporary architectural design comprising a flat roof. Vehicle accommodation is provided via a basement which is to be accessed via Dandenong Road. The immediate eastern and western adjacent properties are of three storey and two storey respectively. The scale and height of the proposed development is not considered to be excessive in this area, given that Dandenong Road is a major arterial road that currently displays built form of varying heights and is also where one can typically expect more robust built form. It is considered that the proposal provides an adequate transition in building heights to the immediate adjoining properties and is not at odds with the broader Dandenong Road streetscape. Furthermore, having considered the fall of the land, at street level, the development will present as a three storey development. The proposed street setback and the facade design are staggered to align with the angled title boundary. The design approach includes indents and recesses to the facade, which seeks to reinforce the pattern of built form along this section of Dandenong Road and is considered to provide articulation to the building form and add visual interest when viewed from the public realm. The proposed development is a free standing building and is to setback from all boundaries. This is consistent with the primarily detached nature of development in the surrounding area. In addition, given that the development is removed from all boundaries, this will allow for landscaping opportunities to occur along the front, side and rear boundaries, consequently, integrating the development within a landscaped context. It is considered that the proposal strikes an appropriate balance between landscaping and built form. Whilst it is acknowledged that the development extends deep into the rear, this not uncommon for a number of properties that are located within the immediate area, namely, 507, and the townhouses at 515, 519, 527 and 531 Dandenong Road. The proposed setback to the rear is considered to be acceptable, having considered that there is no apparent backyard character. The immediate eastern and western adjoining properties are setback at approximately 4 metres and 4.5 metres respectively. The proposed rear setback for this development is between 4 metres and 4.5 metres which is commensurate to the neigbhouring properties. In addition, the provided setback will allow opportunities for landscaping to occur. A 1.4 metre high fence is proposed along Dandenong Road frontage and will be constructed of rendered masonry. The design of the front fence is considered to complement the development and surrounding area. The low fence height will allow for views to the development and landscaping behind and also allow opportunities for passive surveillance. The proposal involves the extension of the existing crossover located on the south eastern side of the site. The access way will provide vehicular access to the basement car park for all residents. It is considered that a double width crossover is respectful of the neighbourhood character. The modern design of the development is considered to complement the mix of architectural styles that exist along Dandenong Road. More importantly, the development design takes cues from the architectural merits that contribute to local environment. For example, the verticality of the proposed built form references the tall nature of existing buildings. The flat roof form is also apparent for a number of buildings within the existing streetscape. The use of high quality materials including aluminium cladding, rendered cement, and glass operable louvres further enhances the design aesthetic of the proposal.


Street Setback The proposal incorporates a street setback measuring between 8.13 metres and 8.81 metres from Dandenong Road at ground floor level and between 6.92 metres and 8.9 metres at first, second and third floor level. The front setback of the eastern adjoining property is approximately 7.67 metres and the front setback of the western adjoining property measures at approximately 7.54 metres. Standard B6 requires a setback of 7.61 metres. The proposal generally complies with the requirements of Standard B6. It is noted that the front balconies on the south western side of the site at first, second and third floor will protrude forward of the required setback by 0.69 metres. This area of non compliance is not considered to be obtrusive within the streetscape. The balconies, incorporating frameless glass balustrades, are lightweight structures that will not present as a dominant feature to the street. Given the staggered street setbacks along Dandenong Road, it is considered that the above proposed setbacks will assimilate comfortably into the established setting. Building Height The proposed development is 13.35 metres above natural ground level at its highest point. This is measured from the northern elevation. Clause 32.07-7 (Maximum building height requirement for a dwelling or residential building) states that the maximum building height should not exceed 13.5 metres. The proposal satisfies this requirement and is in accordance with the purpose of the Residential Growth Zone, which seeks to encourage housing at increased densities in buildings up to and including four storey buildings. The scale of development along Dandenong Road is robust and comprises of a number of examples of tall, vertical buildings. The proposal is not considered to be at odds with this. Whilst it is noted that the development abuts two storey dwellings with gabled roof forms to the west, a three storey development to the east, it is considered that the proposal provides an adequate transition in built form to these developments and more broadly to the Dandenong Road streetscape.

Site Coverage The development proposes 52 per cent site coverage which is within the 60 per cent maximum suggested by Standard B8 at Clause 55.03-3. This is considered to be acceptable and will allow opportunities for landscaping throughout the site. Permeability The application material indicates that the site will have at least 20 per cent permeability. The submitted landscape drawing illustrates garden beds and landscape areas. Standard B9 is satisfied.

Energy Efficiency Given the orientation of the subject site, the availability of north orientated daylight access to all private open space areas and living areas for all dwellings is difficult to achieve. Notwithstanding this, it is considered that the development will maximise northern daylight and solar energy to private open space areas. In any given instance, the Building Regulations will require a 6 star energy efficiency rating.


Landscaping Clause 21.06-2 (Landscape Character) seeks to establish high standards of landscape integration within all new developments with strategies designed to ‘ensure new developments incorporate a designated landscape setting with substantial canopy tree vegetation’ and to ‘avoid extensive site coverage in medium and higher density developments so as to provide canopy landscaping, having regard to the existing or preferred character of the area’.

The proposal is consistent with Clause 21.06-4 (Built form character) which seeks to ‘encourage use and development that respects the preferred character elements of the street or any defined precinct character, and that respects and enhances Stonnington’s green and garden-like setting (as appropriate), including in areas where this character has been eroded’ and to ‘ensure that new development avoids full or excessive site coverage so as to provide adequate space for in-ground landscaping and visual breaks between buildings’.

The proposed layout of the development allows for opportunities for meaningful landscaping to occur throughout the site. The proposed development is setback from Dandenong Road at a minimum distance of 8.14 metres. The front setback will incorporate canopy tree planting to complement the front garden landscape settings that are characteristic of the neighbourhood. In addition, having considered the detached nature of the development, perimeter planting including in ground planting is possible along all side and rear boundaries. It is considered that the proposed development will seek to enhance the landscaping features of the site and its surrounds and contribute to the preferred landscaping character of the area. Council’s Landscape Unit has reviewed the VCAT amended plans. In comparison to the originally advertised material, Council’s Arborist states that the changes to basement level and general planting are an improvement. However, it was highlighted that on the North-South Section drawing (Drawing No. TP15) and on the West Elevation drawing (Drawing No. TP20), the rear setbacks will comprise of a retaining wall with planting in containers. Given the setbacks provided at basement floor level, it is considered that in ground planting is possible. As such, a condition will be placed on any permit, should one be issued, to ensure that planting along the northern boundary is to be in ground. Furthermore, soil volume details need to be provided for areas notated as in ground, and must be related to the soil volume document from Urban, J. 2009 Up By The Root.

Amenity Impacts Side and Rear Setbacks

Standard B17 (side and rear setbacks) sets out numeric requirements for side and rear setbacks. Assessment is based on the maximum wall heights. The wall heights are measured above A.H.D and are taken from the elevation drawings and section drawings. The tables below illustrate how the proposal meets these requirements:

East Elevation (Side Setback)

Wall height Setback required Setback proposed

Ground floor Between 2.1 metres and 3.5 metres

1 metre 2.98 metres

First floor Between 4.8 metres and 6.5 metres

Between 1.36 metres and 1.87 metres

3.78 metres


Second floor Between 7.7 metres and 9.5 metres


3.78 metres

Third floor Between 11.5 metres and 13.05 metres



Along the eastern elevation, at second and third floor level, the proposal does not comply with the requirements of Standard B17. Given the slope of the natural ground level, the area of non compliance primarily occurs for the eastern wall associated with Unit 2.07 which measures at a height of 9.5 metres. The proposed setback of 3.78 metres falls short of the requirements of Standard B17 by 0.81 metres. This wall will be built opposite the habitable room windows pertaining to the rear unit of 527 Dandenong Road. However, these windows are setback from the proposed wall at a distance of approximately 8.28 metres. This provided setback is considered to be sufficient and will serve to limit visual bulk concerns. The third floor level does not satisfy the technical requirements of Standard B17, given that a minimum setback of 6.59 metres is required. The third floor eastern wall will be built opposite the roof areas to 527 Dandenong Road, which is not a sensitive interface. As such, are not considered to result in adverse amenity impacts. It is considered that the wall heights and setbacks of the building along the eastern elevation respects the neighbourhood character and limits the impact on the amenity of existing dwellings. The proposed eastern elevation is considered to be highly articulated, through the provision of balconies with planters, window openings and the adoption of a variety of materials for the external walls. The design detail is considered to help break up the built form to add visual interest. New landscaping is proposed along this interface, which will serve to further soften the built form. Moreover, the driveway along the western side of 527 Dandenong Road acts as an additional buffer between built form.

West Elevation (Side Setback)


Ground floor Between 2.1 metres and 3.8 metres

Between 1 metre and 1.06 metres


First floor Between 4.8 metres and 6.4 metres



Second floor Between 7.8 metres and 9.4 metres



Third floor Between 11.55 metres and 13.1 metres



Along the western side, the proposal will be built opposite a number of habitable room windows and secluded private open space areas for the townhouses known as 1-4/519 Dandenong Road. At second floor level, Unit 2.06 is proposed to be setback 3.6 metres from the boundary. Standard B17 requires a setback of 4.56 metres, equating to a shortfall of 0.96 meters. This wall will be built opposite the secluded private open space areas associated with 4/519 Dandenong Road. It is noted that this area of secluded private open space is in an ‘L’ shape, and is considered to be generous in size and is oriented to the north and east. It is considered that the proposed development will not result in unreasonable visual bulk, given


that the proposed rear wall does not extend beyond the rear wall of the 4/519 Dandenong Road. Therefore, the northern outlook will not be disturbed. With regard to the third floor level, the proposal does not comply with the requirements of Standard B17. However, the proposed setbacks are considered to satisfy the objectives of Clause 55.04 for the following reasons. The western wall associated Unit 3.01 is proposed to be setback 3.6 metres from the common boundary. For a wall height of 11.55 metres, Standard B17 requires a setback of 6.64 metres. This wall is to be partly built opposite the secluded private open spaces and habitable room windows associated with 1/519 Dandenong Road however, the proposal is considered to be acceptable for the following reasons. The ground floor windows for this dwelling are located approximately 6.6 metres from the proposed wall, with the first floor windows at an even greater setback (8.09 metres). The secluded private open space areas for this dwelling are located within the front setback and will not be impacted upon. It is considered that the provided setbacks and siting of the development will not result in adverse amenity concerns including visual bulk. The proposal includes the construction of a 12.82 metre high wall, which is to be associated with the internal stairwell and lift for the development. This wall extends for a length of approximately 10.5 metres and is setback from the common boundary at 3.1 metres. For the most part, this wall will be built opposite the garage belonging to 1/519 Dandenong Road. More importantly, the majority of this wall will not be opposite any habitable room windows or sensitive interfaces. It is acknowledged that part of the wall will be built opposite the habitable room windows at 1/519 Dandenong Road and 2/519 Dandenong Road. However, these windows are setback at a minimum distance of 7.5 metres from this wall, which is considered a sufficient distance to provide visual relief and allow adequate daylight access. Along the western elevation, the proposed internal corridor will be built opposite the secluded private open space areas associated with 2/519 Dandenong Road and 3/519 Dandenong Road. At second floor level, the proposed setbacks fall short of the technical requirements by 0.51 metres. This minor variation is considered to be reasonable. The corridor will incorporate glass louvers that will not only allow for ventilation and natural daylight access into the corridor, but also will provide articulation and appear as a lightweight structure when viewed from the public realm. At third floor level, the proposed setbacks are 2.14 metres short of what is required under Standard B17. Given that the uppermost level is recessed, it is considered any views of the proposal from the secluded private open spaces will not be overly dominant. It is worth highlighting that the setbacks proposed will allow opportunities for landscaping along the side boundaries. The additional landscaping will assist in softening the built form, particularly when viewed from neighbouring properties.

North Elevation (Rear Setback)


Ground floor 4 metres 1.12 metres Between 4.82 metres and 5.31 metres

First floor 7 metres 2.09 metres Between 3.68 metres and 4.64 metres

Second floor 10.34 metres 5.43 metres Between 3.68 metres and 4.64 metres

Third floor (to the edge of the balcony)

13.35 metres 8.44 metres Between 6.06 metres and 6.33 metres


As mentioned in the site and surrounds section of this report, there a number of developments including multi-unit developments that extend deep into the rear. The proposal is not at odds with this. It is worthy to highlight that the rear setback comprises of balconies, with the northern walls setback further. The proposed rear setbacks are staggered to provide an appropriate transition in the rear setbacks when compared to the immediately adjacent western and eastern properties. The northern interface is a laneway – a non sensitive interface. Across the laneway are townhouse developments fronting Wattletree Road. There are no south facing windows associated with these developments that face the subject site. Whilst it is acknowledged that the proposed rear setbacks do not meet the technical requirements of Standard B17, in this context, they are considered to be acceptable and will not result in any unreasonable amenity impacts to neighbouring properties. Walls on Boundaries The proposal does not involve the construction of any walls on boundaries. Daylight to Existing Windows The proposed development will be built opposite existing habitable room windows associated with the townhouses at 519 Dandenong Road and the eastern adjoining property at 527 Dandenong Road. Standard B19 sets out the setback requirements to ensure existing habitable room windows would receive adequate daylight. With regard to the eastern elevation, the proposed development will be separated by a minimum distance of 8.28 metres from the first and second floor habitable room windows at 527 Dandenong Road. The proposal complies with the requirements of Standard B19 given that a minimum setback of 6.53 metres is required for a 13.05 metre high wall. In relation to the western elevation, the proposed development will be separated at a minimum distance of 6.6 metres at ground floor level and 8.09 metres for the upper levels. The proposal comfortably satisfies the requirements of B19, whereby a minimum setback of 6.55 metres is required for a 13.35 metre high wall. Overshadowing Given the orientation of the allotment and the layout of the development, it is anticipated that additional overshadowing to the western (1-4/519 Dandenong Road) and eastern (527 Dandenong Road) abutting properties will occur during the morning and afternoon. The submitted shadow diagrams illustrate that the additional shadows will be cast between the hours of 9:30am and 10:30am and after 2.30pm on September 22 respectively. More specifically, the secluded private open space areas at ground floor for the courtyards at 519 Dandenong Road will experience additional shadows between 9am and 10am. However, by 11am the majority of secluded private open space will be unaffected and the extent of overshadowing received will be similar to existing conditions. The proposal complies with the requirements of Standard B21. In the afternoon, hours after 2.00 pm, there will be additional shadows cast onto the balconies associated with 527 Dandenong Road. However, the proposal complies with the requirements of Standard B21, given that a minimum of five hours of sunlight between 9am and 3pm on 22 September will continue to be achieved.


Overlooking The key assessment tool to determine unreasonable overlooking is the overlooking objective, including Standard B22. The standard provides a 9m 45 degree angle arc that determines unreasonable overlooking, and windows or balconies that are located in such a position must be screened to a height of 1.7m above finished floor level accordingly. The standard does not apply to any overlooking issues from the proposed ground level as all the existing boundary fences have a height over 1.8 metres and the finished floor levels are less than 0.8 metres above ground level at the boundary. Along the eastern elevation, at first floor and second floor levels, Unit 1.02 and 1.07 and Units 2.02 and 2.07 will include bedroom windows that face 527 Dandenong Road. However, these windows incorporate obscure glass up to 1.7 metres above finished floor level, in accordance with Standard B22. With regard to central units at first and second floor level, with east facing balconies, the western edge of the balconies are setback 9.03 metres from the balconies associated with 527 Dandenong Road. As such, the requirements of Standard B22 are satisfied and will not result in any unreasonable overlooking. Similarly, the proposed dwellings at third floor level will incorporate obscure glazing with sill heights up to 1.7 metres above finished floor level. With regard to the western elevation, all habitable room windows at all levels incorporate obscure glazing up to 1.7 metres above finished floor level, in accordance with Standard B22. Whilst the internal corridor is not a habitable room per se, it will incorporate glass louvers that have limited operation below 1.7 metres. It is noted that the balcony associated with Unit 3.05 at third floor level with allow for an outlook to the west into the secluded private open space areas of 4/519 Dandenong Road. The balcony will comprise of a glass balustrade up to 1 metre above finished floor level which does not comply with the requirements of Standard B22. As such, a condition requiring screening mechanisms in accordance with the standard will be placed on any permit that issues. Along the northern interface, the proposed development will have an outlook into the rear laneway. Internal Views The proposal includes planter boxes to the edge of the balconies to prevent the ability to look directly down into the apartment balconies and courtyards at lower floor levels. In addition, at third floor level, the provision of screens measuring at least 1.8 metres high will limit views into neighbouring balconies. Internal Amenity The proposal provides for a total of 27 dwellings comprising of one or two bedrooms of sizes ranging between 48.1 square metres and 76.5 square metres. The entries to the dwellings are via the pedestrian entry ramp located on the western side of the site. The proposal incorporates a canopy over the entry to provide shelter and an adequate transitional space. All habitable rooms including living areas and bedrooms will enjoy adequate daylight access. It is noted that for the centrally located apartments, i.e. at first floor level namely Units 1.04 and 1.05 and at second floor level, Units 2.04 and 2.05, the kitchen areas may not receive adequate daylight access due to their location from the balconies. As such, to further improve the internal amenity of these dwellings, it is recommended that a condition requiring


highlight windows along the corridor be adopted. Otherwise, it is recommended that the applicant submit a daylight analysis to determine whether adequate daylight access will be provided into these kitchen/dining areas. Having considered the orientation of the subject site, it is difficult to locate all secluded private open space areas to the north. The proposed development will include a mix of private open space types through the form of courtyards or balconies. The ground floor level apartments will be provided with courtyards, with a minimum dimension of 3 metres and are to be accessed directly from living areas. These courtyards range in size between 21.8 square metres and 84.8 square metres. For the majority of the proposed dwellings, the areas designated for secluded private open space provision exceeds the requirements outlined in Standard B28. At first, second and third floor level, the apartments will be provided with balconies with a minimum size of 8.3 square metres from living areas, with a minimum width of 1.6 metres (including planter boxes). Site facilities for the proposal are adequate and accessible. Letterboxes are located within lobby area. All bin and recycling enclosures and storage areas are located in the basement for convenient access by future residents.

Car Parking and Traffic Several objections were raised with regard to the potential negative traffic implications as a result of the proposal. Council’s Traffic Engineer has stated that the proposed development is unlikely to negatively impact on the safety and operation of the surrounding road network. Pursuant to Clause 52.06-3 of the Stonnington Planning Scheme, the development is required to provide 32 on site parking spaces (i.e. being 27 for the residents and 5 for visitors). A total of 28 cars are proposed within the subject site to be allocated to the residents and 2 car spaces for visitors. Thus, the development would have a shortfall of 3 visitor car spaces. It is noted that the proposed visitor spaces are provided at grade and not within car stackers, in accordance with Clause 52.06-8. It is considered that the proposal would be acceptable without the provision of the additional three visitor car parking spaces. The subject site is highly accessible to public transport services including tram services along Dandenong Road and Wattletree Road and is also within walking distance from train services including Armadale Railway Station which is located approximately 900 metres north of the subject site and Malvern Railway Station, located approximately 850 metres east of the subject site. The application was referred to Council’s Transport Department who indicated that the reduction in the visitor car space requirement is acceptable. Any permit to issue would a note included to ensure that residents of this development would not be issued with resident and visitor parking permits. Council’s Transport Department have highlighted that the Australian Standards require a ramp/driveway width of 6 metres to 9 metres to allow for two-way traffic along the ramp. Notwithstanding this, the design standards pursuant to Clause 52.06-8 state that an accessway must provide a passing area at the entrance at least 5 metres wide and 7 metres long if the accessway serves ten or more car parking spaces and is either more than 50 metres long or connects to a road in a Road Zone. The proposal complies with this requirement.


It is proposed to provide the residential car parking on site within a car stacker arrangement. The vehicles would park within individual trays which would then be automatically moved vertically or horizontally if necessary to ensure that one space is always available for ground level entry into each stacker system. All car spaces would be independently accessible. Council’s Transport Department have stated that the applicant should revise the plans to confirm the dimensions within the car stacker platforms and whether they are provided to Australian Standard (5.4m by 2.4m) or Planning Scheme (4.9m by 2.6m) requirements. This can be addressed by way of condition. In addition, revised information with regard to car stacker specifications should be provided. With regard to the at grade spaces to be allocated to visitors, a manual scaling of the plans shows that the length of these spaces measures at 4.9 metres. However, it is recommended that the plans be revised to confirm this. Council’s Traffic Engineer raised potential concerns with regard to access into these spaces. As such, it is considered that swept path diagrams be submitted to the Council demonstrating that access can be achieved. The submitted basement plan illustrates that the accessway width measures at 6.7 metres. It is acknowledged that there are columns within the parking aisle, however, these columns do not encroach within the accessway provided. The location of these columns outside of the parking bays are required for the type of car stacker proposed. Clause 52.06-8 requires an accessway width of 6.4 metres. It is considered that the additional width provided (0.3 metres) will allow for the manoeuvring of vehicles in and out of the bays, whilst limiting the likelihood of the columns being struck. Given the changes to the car stackers compared to the originally advertised plans, the applicant is to confirm that no more than 25% of stacker spaces will accommodate vehicles 1.8m high in accordance with Clause 52.06-8. Other matters raised by relate to the doors for the switchboards should open inwards rather than outwards. This can be addressed via a condition on any permit to issue. The proposal generates a requirement for 5 resident bicycle spaces and 3 visitor spaces. The proposal provides 8 spaces in the basement, which is considered to be satisfactory. Environmental Sustainable Design A Sustainable Management Plan (SMP) was submitted with the application and referred to Council’s ESD Officer for comment. Several items within the Plan need to be amended and/or reviewed. Conditions should be included on any permit to issue requiring the submission and approval of an amended Sustainable Management Plan (similar to the Plan submitted with the application but amended as necessary) and that all works to be undertaken in accordance with the Sustainable Management Plan. Objections In response to the grounds of objection not already discussed in the report, the following comments are made:

The loss of property values is not a planning consideration.

Noise emissions– the development is not expected to exceed normal residential noise levels. Regardless, residential noise must comply with state noise regulations governed by the Environmental Protection Authority.

The pergolas originally proposed to the ground floor courtyards have been removed as part of the VCAT amended plans.


The rear laneway becoming a secondary parking area for residents and visitors – this cannot be considered under the current planning jurisdiction.

Human Rights Consideration This application has been assessed in accordance with the requirements of the Planning and Environment Act 1987 (including the Stonnington Planning Scheme), reviewed by the State Government and which complies with the Victorian Charter of Human Rights and Responsibilities Act 2006. CONCLUSION Having assessed the application against the relevant planning controls, it is recommended that the proposal be supported for the following reasons:

The building height and setbacks are considered to appropriately respond to the evolving built form environment of the nearby area and strategic context of the site.

The proposed design respects the character of the area and will complement the mixed character of Dandenong Road and its surrounds.

The proposal has been designed to minimise impacts on adjoining residential properties and complies with the objectives outlined in Clause 55.

The development provides a high level of amenity for future occupants whilst allowing for increased housing choice.

Appropriate car parking and bicycle parking area provided.

ATTACHMENTS

1. PD - 0869-13 - 523 Dandenong Road Armadale - 1 of 1 Plans

RECOMMENDATION

That Council advise VCAT that had a Failure to Determine appeal not been lodged, that a Notice of Decision to Grant a Planning Permit No: 0869/13 would have been issued for the land located at 523 Dandenong Road, Armadale under the Stonnington Planning Scheme for the construction of a multi-dwelling development in a Residential Growth Zone and associated reduction in the visitor car parking requirement and alteration of access to a Road Zone Category 1 subject to the following conditions: 1. Before the commencement of the development, three (3) copies of plans drawn

to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the VCAT amended plans ( Drawing No.s: TP05 rev E, TP06 rev E, TP09 rev E – TP15 rev E, TP20 rev E, TP21 rev E, TP30 rev E – TP35 rev E and are Council date stamped 24 September 2014) but modified to show:

a) The provision of fixed highlight windows between the internal corridor and

kitchen/dining area for Units 1.04, 1.05, 2.04 and 2.05 or a daylight analysis that demonstrates adequate daylight access to the kitchen/dining areas can be achieved.


b) The third floor balcony for Unit 3.05 to incorporate screening up to 1.7 metres above finished floor level or suitable alternative in accordance with Standard B22 of the Stonnington Planning Scheme.

c) The North-South Section and the West Elevation be amended to delete planting in containers and to illustrate in ground planting along the northern (rear) boundary.

d) The basement plan amended to confirm the dimensions within the car stacker platforms and whether they are provided to Australian Standard (5.4 metres by 2.4 metres) or in accordance with Clause 52.06-8 of the Stonnington Planning Scheme (4.9 metres by 2.6 metres) requirements.

e) Specification sheets for the car stacker models proposed. f) The basement plan be amended to dimension the length of the at grade

visitor car spaces in accordance with Clause 52.06-8 of the Stonnington Planning Scheme.

g) Provision of swept path diagrams to demonstrate vehicle access into the at grade visitor car spaces can be achieved.

h) Confirmation that no more than 25 per cent of the stacker spaces will accommodate vehicles 1.8 metres high in accordance with Clause 52.06-8 of the Stonnington Planning Scheme.

i) The basement plan be amended to show that the doors for the switchboards do not open outwards.

j) Any changes as required by the landscape plan in accordance with Condition 3.

k) Any changes as required by the Waste Management Plan in accordance with Condition 5.

l) Any changes as required by the Sustainable Management Plan in accordance with Condition 6.

all to the satisfaction of the Responsible Authority. 2. The layout of the site and the size, levels, design and location of buildings and

works shown on the endorsed plans must not be modified for any reason (unless the Stonnington Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority.

3. Concurrent with the endorsement of development plans, a landscape plan to be

prepared by a landscape architect or suitably qualified or experienced landscape designer, must be submitted to and approved by the Responsible Authority. When approved, the landscape plan will be endorsed and will then form part of the permit. The landscape plan must be drawn to scale with dimensions and three copies must be provided. The landscape plan must be similar to the Landscape Plan prepared by John Patrick Pty. Ltd, Council date stamped 24 September 2014, but modified to show: a) Soil volume details provided for areas notated as in situ. The details must

be related to the soil volume document from Urban, J. 2009, ‘Up By The Root’.

4. Before the occupation of the development, the landscaping works as shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority. Landscaping must then be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.

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

submitted to and approved by the Responsible Authority.


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

6. Concurrent with the endorsement of the development plans, a Sustainable

Management Plan (SMP) similar to the SMP prepared by Ark Resources (Council date stamped 25 November 2013), must be submitted to and approved by the Responsible Authority. Upon approval the SMP will be endorsed as part of the planning permit and the development must incorporate the sustainable design initiatives outlined in the SMP to the satisfaction of the Responsible Authority. Amendments to the SMP must be incorporated into plan changes required under Condition 1. The report must include, but not limited to, the following: a) Applicant to provide a copy of the full STEPS report. b) Applicant to provide an implementation plan which identifies

responsibilities, and a schedule for implementation, and ongoing management, maintenance and monitoring.

c) Further information on the treatment/filtration and management measures for the water to be collected from the balcony of Unit 3.06 to the rainwater tank.

d) Roof plans must confirm areas to be drained to the rainwater tank. These values should correlate with STORM assessments.

e) Applicant to review of the bicycle spaces provided and ensure consistency between SMP and the development plans.

All works must be undertaken in accordance with the endorsed Sustainability Management Plan to the satisfaction of the Responsible Authority. No alterations to the Sustainable Management Plan may occur without written consent of the Responsible Authority.

7. Prior to the occupation of the development approved under this permit, a report from the author of the Sustainability Management Plan, approved pursuant to this permit, or similarly qualified person or company, must be submitted to the Responsible Authority. The report must be to the satisfaction of the Responsible Authority and must confirm that all measures specified in the Sustainability Management Plan have been implemented in accordance with the approved plan.

VICROADS CONDITIONS 8. The edges of the vehicular crossover on Dandenong Road, flared at 60 degrees

with a 3.0 metre radial turnout at the kerb and with 1.0 metre clearance from any fixed object at the entrance to the property.

9. Provision for vehicles to enter and exit the site in a forward direction must be available at all times to the satisfaction of the VicRoads.

10. Before the use of the permitted development the driveway and cross-over in accordance with the approved plan must be constructed to the satisfaction of the Responsible Authority.

END VICROADS CONDITIONS 11. A report for the legal point of discharge must be obtained from Council and a

drainage design for the development must be prepared by a suitably qualified


Engineer in accordance with the report prior to a building permit being issued. The drainage must be constructed in accordance with the Engineer’s design.

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

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

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

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

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

way to facilitate access to the site. 15. The crossovers must be constructed to Council’s Standard Vehicle Crossover

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

16. Prior to the occupation of the building, fixed privacy screens (not adhesive film)

designed to limit overlooking as required by Standard B22 of Clause 55.04-6 in accordance with the endorsed plans must be installed to the satisfaction of the Responsible Authority and maintained to the satisfaction of the Responsible Authority thereafter for the life of the building.

17. This permit will expire if one of the following circumstances applies:

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

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

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

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

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

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

“Significant tree” means a tree: a) with a trunk circumference of 180 centimeters or greater measured at its

base; or b) with a trunk circumference of 140 centimeters or greater measured at 1.5

metres above its base; or c) listed on the Significant Tree Register. Please contact the Council Arborists on 8290 1333 to ascertain if permission is required for tree removal or pruning or for further information and protection of trees during construction works.


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

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

receive “Resident Parking Permits”. E. At the permit issue date, Section 69 of the Planning and Environment Act 1987

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

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

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

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


2 PLANNING PERMIT APPLICATION 0370/14 – 50 DAVIS AVENUE, SOUTH YARRA –

RESTAURANT AND CAFE LIQUOR LICENCE AND CAR PARKING DISPENSATION

ASSOCIATED WITH THE USE OF THE LAND AS A RESTAURANT (AS OF RIGHT USE)


PURPOSE For Council to consider a planning application for a restaurant and cafe liquor licence and car parking dispensation associated with the use of the land as a restaurant (as of right use) at 50 Davis Avenue South Yarra. Executive Summary Applicant: Bravo Properties Pty Ltd C/- On Tap Liquor Consulting Ward: North Zone: Commercial 1 Zone – Clause 34.01 Overlay: Design and Development Overlay (Schedule 7), Special

Building Overlay, Heritage Overlay Date lodged: 20/05/2014 Statutory days: 32 Trigger for referral to Council:

Councillor Call Up

Patron Numbers: 156 maximum Number of objections: Three Consultative Meeting: No Officer Recommendation: Issue a Notice of Decision to Grant a Planning Permit

BACKGROUND The Proposal The plans and reports that form part of the basis of Council's consideration were prepared by On Tap Liquor Consulting and are known as Proposed Red Line Plan, Sheet 1 of 1, Council Date stamped 20 May 2014, and Written Submission, Council date stamped 20 May 2014. The application was amended on 25 September 2014 to reduce the hours for the proposed liquor licence from 7.00am to 1.00am (Monday to Saturday) to 7.00am to 11.00pm (Monday to Saturday). Key features of the proposal are:

Restaurant and cafe liquor licence and car parking dispensation in association with the use of the land as a restaurant (as of right use).

Maximum number of patrons proposed is 156 (internal only).

The proposed hours for the sale and consumption of liquor are between:

7.00am and 11.00pm Monday to Saturday.

10.00am and 11.00pm on Sundays.

2.00 noon and 11.00pm on Good Friday and Anzac Day.


The red line area is proposed internally to the entire restaurant (approximately 207.85 square metres).

No buildings and works are proposed. Site and Surrounds The site is located on the corner of Davis Avenue and Toorak Road within the A2 heritage graded Her Majesty’s Hotel. The site has the following significant characteristics:

The tenancy is known as No. 50 Davis Avenue South Yarra, and has a frontage to Davis Avenue and an interface with a laneway to the south.

The site is zoned Commercial 1 and contains the existing Her Majesty’s Hotel which is currently undergoing development approved under Planning Permit 1036/06.

The site is affected by a Design and Development Overlay – Schedule 7, Heritage Overlay (HO150), and a Special Building Overlay.

The development, currently underway and approved under Planning Permit 1036/06, at Her Majesty’s Hotel comprises two basement levels for car parking, ground floor retail space, first floor office space, with the second, third and fourth floors containing a combined total of 11 apartments.

The land located to the north-east of the subject tenancy, known as No. 140 & No. 144 Toorak Road South Yarra, is also part of Her Majesty’s Hotel. An application for a packaged liquor licence and car parking dispensation are currently before Council to determine (Application 368/14).

The tenancy to the north of the subject tenancy, known as No. 134-136 Toorak Road, South Yarra, is also located within Her Majesty’s Hotel and is the subject site for a separate Restaurant and Cafe Liquor Licence and car parking dispensation currently before Council to determine (Application 369/14).

A laneway is located to the south of Her Majesty’s Hotel, further to the south of the laneway is Zoned General Residential and contains dwellings. The residential property located to the south of the laneway is known as No. 48 Davis Avenue, South Yarra. The rear portion of the dwelling at No. 48 Davis Avenue contains windows that face Her Majesty’s Hotel, none of these windows directly face the subject tenancy.

The land to the west of the site comprises of double storey commercial developments and uses.

Toorak Road comprises of a number of commercial developments and uses including restaurants and cafes, offices, and retail uses.

Previous Planning Applications A search of Council records indicates the following relevant planning application;

Planning permit 1036/06 was issued on 5 March 2008 at the direction of the Victorian Civil and Administrative Tribunal (VCAT) for the use of the land for dwellings and offices, part demolition of the existing building, with subsequent re-development, alterations and additions, including two additional levels and part dispensation from the requirement of Clause 52.06 (car parking), and full dispensation from the requirements of Clause 52.07 (Loading facilities)'. Plans were endorsed on 4 March 2009, and subsequently amended. These amendments altered a number of things including slightly reducing the retail areas, increasing one of the office spaces, a further reduction to the total number of car spaces, and a reduction in the number of apartments from 16 to 11.

The permit has been extended to allow for the commencement of works by 22 July 2014 and completion by 22 July 2016.


Eighteen (18) car spaces, out of the forty-seven (47) total car spaces, have been nominated for both office staff and retail staff within the one of the basement levels. Condition 15 of the permit requires the submission of a Parking Management Plan to be submitted prior to the occupation of the development, the plan has not been submitted to date. Among other requirements, the Parking Management Plan must designate car spaces to the individual tenancies.

The Title The site is described on Certificate of Title Volume 03805 Folio 886 as Lot 1 on Title Plan 842101K and no covenants or easements affect the land. Planning Controls The following controls/permit triggers are considerations for this application: Zone Clause 34.01 Commercial 1 Zone A permit is not required to use the land for the purpose of a restaurant as it falls within Section 1 of the Table of Uses at Clause 34.01-1. The use of the land for the purpose of a restaurant is nested within the overarching ‘retail premises’ use as per Clause 75.11. A permit is not required for the proposed liquor licence or car parking reduction pursuant to the requirements of Clause 34.01. Overlays Clause 43.01 Heritage Overlay (HO150) A permit is not required for the proposed liquor licence or car parking reduction pursuant to the requirements of Clause 43.01. Clause 43.02 Design and Development Overlay (Schedule 7) A permit is not required for the proposed liquor licence or car parking reduction pursuant to the requirements of Clause 43.02. Clause 44.05 Special Building Overlay A permit is not required for the proposed liquor licence or car parking reduction pursuant to the requirements of Clause 44.05. Particular Provisions Clause 52.06 Car Parking Pursuant to Clause 52.06 a permit is required to reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5. Clause 52.27 Licensed Premises Pursuant to Clause 52.27 a permit is required to use land to sell or consume liquor if a licence is required under the Liquor Control Reform Act 1998. A licence is required under the Liquor Reform Act 1998 for the proposed restaurant and café liquor licence and therefore a planning permit is required. Relevant Planning Policies Clause 17 Economic Development


Clause 21.03 Vision Clause 21.04 Economic Development Clause 22.10 Licensed Premises Policy Clause 22.19 Prahran, South Yarra and Windsor Activity Centre Policy Clause 52.06 Car Parking Clause 52.27 Licensed Premises Clause 65 Decision Guidelines Advertising The application has been advertised pursuant to Section 52 of the Planning and Environment Act 1987 by sending notices to the owners and occupiers of adjoining land (and by placing 1 sign on the site). The public notification of the application has been completed satisfactorily. The site is located in the North Ward and objections from three different properties were received, which are summarised as follows:

Amenity impacts due to proposed hours for the sale and consumption of alcohol (original hours proposed and advertised; between 7.00am and 1.00am the following day Monday to Saturday, 10.00am and 11.00pm Sunday, and 12.00 noon and 11.00pm on Good Friday and Anzac Day).

Inappropriate location for a restaurant and cafe liquor licence that allows the sale and consumption of liquor until 1.00am.

Noise impacts (patrons leaving and from within the restaurant).

Lack of public transport past 12.00am to provide patrons with transport options.

Parking issues.

Number of patrons considered to be excessive.

Concerned with use of the land as a function centre not restaurant.

Smoking.

Litter.

Concerns raised in relation to the potential connection of the two restaurant and cafe liquor licences proposed for Her Majesty’s Hotel (other application is for No. 134-136 Toorak Road South Yarra, Application 369/14).

Lack of seating provision for patrons as per the seats and tables detailed on plans.

Suitability of the type of liquor licence proposed. Referrals No referrals were required for the assessment of this application. KEY ISSUES Strategic Justification The site is situated within a Commercial 1 Zone (Clause 34.01) where the use of the land for the purpose of a restaurant does not require a planning permit. The relevant objective of the zone aims ‘to create vibrant mixed use commercial centers for retail, office, business, entertainment and community uses.’ Although Clause 22.19 (Prahran, South Yarra and Windsor Activity Centre Policy) is not technically applied to the application, as the use of the land for a restaurant is as of right within the Commercial 1 Zone, it is relevant to discuss as the subject site is located within the South Yarra Precinct. The South Yarra Precinct Vision Statement, within Clause 22.19, refers to the area being a transformed employment, living and tourism hub founded on high quality,


integrated public transport and pedestrian links, convenient neighbourhood and distinctive shopping and attractive networks of streets and spaces. Generally speaking, among other objectives, Clause 22.19 encourages a range of hospitality, entertainment, retail uses (and other commercial uses), whilst seeking to manage the potential and existing conflicts between residential amenity and hospitality and entertainment uses. Clause 21.04 (Economic Development) highlights that hospitality uses are recognised for their contribution to the vitality and viability of the City; however they do not dominate or adversely affect activity centres and the surrounding residential areas. It is submitted that the restaurant will provide a vibrant and desirable use which is compatible with the South Yarra Precinct, in accordance with the objectives of Clause 22.19. In particular the restaurant provides a hospitality option in a suitable location whilst not unreasonably impacting the amenity of the residential land within close proximity to the site; this will be discussed further below. Clause 22.10 (Licensed Premises Policy) discourages trading past 11.00pm outside of Principle Activity Centres and for licences premises adjacent to a residential zone/use unless the Responsible Authority is satisfied that the use will not adversely affect the amenity of the area. As identified within the Strategic Framework Plan at Clause 21.03 (Vision) the site is located within a Large Neighbourhood Activity Centre adjacent to a Principle Activity Centre. The proposed hours for the sale and consumption of alcohol have been amended (on 24 September 2014) to cease at 11.00pm rather than 1.00am which is in line with the relevant policy and will reduce the potential amenity impacts to the adjacent residential land to the south and south-west of the site. Amenity Impacts It is policy at Clause 22.10 that the operation of licensed premises should have no unreasonable impact on the amenity and safety of surrounding uses, in relation to noise, hours of operation and car parking demand. Furthermore the purpose of Clause 52.27 (Licensed Premises) encourages licensed premises to be situated within appropriate locations and to ensure that amenity impacts to the surrounding land are considered. The main areas with the potential to impact the amenity of the surrounding land are considered in turn below. Hours proposed for the sale and consumption of liquor As discussed above the proposed hours for the sale and consumption are considered to be acceptable as they are consistent with the policy outlined within Clause 22.10, which directs licensing past 11.00pm within Principle Activity Centres. The proposed hours for the licensing of the restaurant cease at 11.00pm which is considered acceptable as the site is located within a Large Neighbourhood Activity Centre within a Commercial Zone. The hours for the licensing are compatible with the commercial land to the East, West and North of the site. The site is located within close proximity to Toorak Road, which is one of the municipality’s main roads which provides a number of commercial uses including licensed restaurants and cafes. The land to the south and south west of the site is residentially zoned. Clause 22.10 allows licensing until 11.00pm where the licenced premise adjoins a Residential Zone. Furthermore the laneway acts as a buffer between the tenancy and the dwelling at No. 48 Davis Avenue, South Yarra. Noise Noise emissions will be controlled by permit conditions which will restrict music and entertainment to background only noise levels with the use of only non-amplified instruments unless with the written consent of the Responsible Authority. Background music level, in relation to premises, means a level that enables patrons to conduct a conversation at a distance of 600 millimetres without having to raise their voices to a substantial level. A condition will also be


included stating that noise emanating from the subject land must comply with State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2, to the satisfaction of the Responsible Authority. These conditions are considered to be acceptable measures to control noise and are commonly included on Restaurant and Cafe Liquor Licences. The submitted red line plan, Council date stamped 20 May 2014, details the southern wall as being solid, however this is not reflected on the endorsed plans for Planning Permit 1036/06 and will need to be amended to detail the location of the southern ground floor windows. These windows appear to be operable and therefore a permit condition will be included ensuring the windows are closed during nigh time periods. The land to the south of the laneway is zoned residential with the closest dwelling located at No. 48 Davis Avenue, South Yarra. The windows of the dwelling at No. 48 Davis Avenue that face Her Majesty’s Hotel are located further to the rear of the dwelling without a direct outlook to the subject tenancy. Patron noise resulting from patrons leaving the premises is likely to be directed away from the existing dwellings to the south and south west of the site, as the entry door is located closer to the north-western boundary of the tenancy, and the main public transport options and other shops and venues are located to the north of the site along Toorak Road. A permit condition will require bottles and rubbish not to be removed from the premises between the hours of 11.00pm and 7.00am the following day. This will adequately address noise impacts associated with the collection of waste, and is appropriate given the proximity of residential land. Proximity to Residential Land & Safety Clause 22.10 details that research has found that smaller well managed licence premises generally present a low risk of adverse impacts, in comparison to large licensed premises that operate late at night. Furthermore Clause 22.10 suggests that licensed premises that are most likely to be associated with alcohol related harm are licensed hotels, taverns and nightclubs. It is therefore unlikely that the proposed restaurant and café liquor licence will result in alcohol related harm and its proximity to residential land is less problematic than a licence for a different type of venue such as a bar or night club. Furthermore the provision of an active frontage is encouraged by Clause 22.10 within Activity Centres, and is generally accepted as a design concept that improves safety. Additionally, a permit condition will require that the predominant activity carried out at all times on the licensed premises must be the preparation and serving of meals for consumption on the licensed premises to the satisfaction of the Responsible Authority. Again as liquor will predominantly be served in conjunction with meals it is unlikely that antisocial behavior will result from the proposed restaurant and cafe liquor licence. Car Parking and Traffic The proposal requires a reduction to the standard car parking requirements of Clause 52.06. Furthermore Clause 22.10 encourages licensed premises within locations that will discourage patrons parking within a Residential Zone. Pursuant to Clause 52.06 a permit is required to reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5. The rate as prescribed by Clause 52.06 for the use of the land for the purpose of a restaurant is 0.4 spaces per patron permitted which equates to 62 car spaces. It is likely that the tenancy will be allocated one car space for a staff member as per the Parking Management Plan to be endorsed in accordance with Planning Permit 1036/06.


A reduction to the standard requirements of Clause 52.06 is considered acceptable as the site is well serviced by public transport along Toorak Road and via the South Yarra Train Station (located approximately 120 metres from the site), and due to the positioning of the site within a Large Neighbourhood Activity Centre. It is likely that patrons will use sustainable transport methods such as public transport, cycling and waking. Restricted car parking is located on Toorak Road for patrons who will drive to the venue. It is also possible that patrons will park within Davis Avenue (parking subject to restrictions), which is not desirable given the residential nature of the area, however given the availability of public transport it is not considered that the reliance on cars to provide access, and associated car parking demand will be excessive. It is therefore unlikely that the proposal will cause significant amenity impacts in relation to car parking to the residents within Davis Avenue. Objections In response to the grounds of objection not already discussed in the report, the following comments are made:

Since the advertising of the application and subsequent submission of objections the operating hours have been amended by the permit applicant to reduce the hours from 1.00am to 11.00pm. This addresses some of the concerns raised by objectors relating to the hours proposed for licensing being excessive and not lining up with the operating hours of nearby public transport.

It is not considered likely that the restaurant and cafe liquor licence will result in waste related issues such as discarded bottles within the nearby residential land as alcohol will be consumed on site. People leaving the restaurant with bottles and discarding them within the street is unlikely however if it does occur it can be managed through other avenues and is not dealt with under the legal framework of the Planning and Environment Act 1987.

Concerns were raised by objectors in relation to the possibility of the restaurant being used as a function centre and the mass exit and entry sometimes associated with functions due to their set start and finish times. The use of the land for a function centre is a Section 2 use pursuant to the requirements of Clause 34.01-1. As such if the intention is to use the land for a function centre a planning permit would be required, the application before Council is for a restaurant and cafe liquor licence and not a use application for a function centre.

Patrons smoking and the health related concerns due to second hand smoke have been discussed in the objections received. The liquor licence is proposed internally only where it is illegal to smoke; furthermore smoking and health related impacts are outside of the scope of planning.


The proposal responds adequately to the relevant State and Local Planning Policy. In particular the application responds well to policy listed at Clause 22.10.


The proposal, subject to conditions, will not have adverse amenity impacts on the surrounding land.

The proposed patron numbers are acceptable and hours of operation are considered satisfactory.

ATTACHMENTS

1. PD - 0370-14 - 50 Davis Avenue South Yarra - 1 of 1 Plans

RECOMMENDATION

That a Notice of Decision to Grant a Planning Permit No: 0370/14 for the land located at 50 Davis Avenue South Yarra be issued under the Stonnington Planning Scheme for a restaurant and cafe liquor licence and car parking dispensation associated with the use of the land as a restaurant (as of right use) subject to the following conditions:

1. Before the commencement of the use, three (3) copies of plans drawn to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the plans submitted with the application and Council date stamped 20 May 2014 but modified to show:

a) The southern wall of the restaurant to detail the location of the existing south

facing ground floor windows.

2. The plans endorsed to accompany the permit must not be amended without the written consent of the Responsible Authority.

3. A maximum number of 156 patrons may be housed on the premises at any

one time to the satisfaction of the Responsible Authority.

4. Without the prior written consent of the Responsible Authority, the sale and consumption of liquor must only occur within the licensed area between the following hours:

Monday to Saturday 7:00am to 11:00pm.

Sundays 10.00am to 11.00pm.

ANZAC Day and Good Friday 12.00pm to 11.00pm.

5. The predominant activity carried out at all times on the licensed premises must be the preparation and serving of meals for consumption on the licensed premises to the satisfaction of the Responsible Authority.

6. Tables and chairs must be placed in position on the licensed premises so as

to be available for at least 75% of the patrons attending the premises at any one time, to the satisfaction of the Responsible Authority.

7. Noise emanating from the subject land must comply with State Environment

Protection Policy (Control of Music Noise from Public Premises) No. N-2, to the satisfaction of the Responsible Authority.


8. The provision of music and entertainment on the premises must be limited to background music or entertainment by performers using non-amplified instruments unless with the written consent of the Responsible Authority.

9. Bottles and rubbish must not be removed from the premises between the

hours of 11pm and 7am the following day.

10. The south facing windows of the tenancy must not be opened between the hours of 9.00pm and 7.00am the following day.


a) The use is not started within two years from the date of this permit. b) The use is discontinued for a period of two years or more.


NOTES:

i. Background music level, in relation to premises, means a level that enables

patrons to conduct a conversation at a distance of 600 millimetres without having to raise their voices to a substantial level.

ii. This permit does not constitute any authority to carry out any building

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

iii. Should the Restaurant and Cafe Liquor Licence approved under this permit

be acted on, the endorsed plans for Planning Permit 1036/06, issued for the site on 5 March 2008, will need to be amended to correctly reflect the endorsed plans under this permit.

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

1987 stated that the Responsible Authority may extend the periods referred to if a request is made in writing within the following timeframes: a) Before or within 6 months after the permit expiry date, where the

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



3 PLANNING PERMIT APPLICATION 0369/14 – 134 – 136 TOORAK ROAD, SOUTH YARRA –

RESTAURANT AND CAFE LIQUOR LICENCE (INCLUDING FOOTPATH) AND CAR PARKING

DISPENSATION ASSOCIATED WITH THE USE OF THE LAND AS A RESTAURANT (AS OF

RIGHT USE)


PURPOSE For Council to consider a planning application for a Restaurant and Cafe Liquor Licence (including footpath) and car parking dispensation associated with the use of the land as a restaurant (as of right use) at 134 - 136 Toorak Road South Yarra.

Executive Summary Applicant: Bravo Properties Pty Ltd

C/- On Tap Liquor Consulting Ward: North Zone: Commercial 1 Zone - Clause 34.01 Overlay: Design and Development Overlay (Schedule 7), Special

Building Overlay, Heritage Overlay Date lodged: 20 May 2014 Statutory days: (as at council meeting date)

32


Councillor Call Up

Patron Numbers: 72 maximum (58 internally and 14 within the footpath trading area)

Number of objections: One Consultative Meeting: No Officer Recommendation: Issue a Notice of Decision to Grant a Planning Permit

BACKGROUND

The Proposal

The plans and reports that form part of the basis of Council's consideration were prepared by On Tap Liquor Consulting and are known as Proposed Red Line Plan, Sheet 1 of 1, Council Date stamped 13 June 2014, and Written Submission, Council date stamped 20 May 2014. The application was amended on 25 September 2014 to reduce the hours for the proposed liquor licence from 7.00am to 1.00am (Monday to Saturday) to 7.00am to 11.00pm (Monday to Saturday). Key features of the proposal are:

Restaurant and cafe liquor licence (including footpath) and car parking dispensation in association with the use of the land as a restaurant (as of right use).


Maximum number of patrons proposed is 72 (58 patrons internally and 14 patrons within the footpath trading area).

The proposed hours for the sale and consumption of liquor are between:


10.00am and 11.00pm on Sundays.

12.00 noon and 11.00pm on Good Friday and Anzac Day.

The tenancy has a floor area of approximately 88 square metres.

The footpath trading areas have a total area of approximately 20 square metres.

The red line area is proposed internally to the entire restaurant area and externally to the footpath trading areas located along Toorak Road and Davis Avenue.

No buildings and works are proposed. Site and Surrounds The site is located on the corner of Davis Avenue and Toorak Road within the A2 heritage graded Her Majesty’s Hotel. The site has the following significant characteristics:

The existing tenancy is known as No.134 – 136 Toorak Road, South Yarra, and has a frontage to Toorak Road and an interface with Davis Avenue.

The site is zoned Commercial 1 and contains the existing Her Majesty’s Hotel which is currently undergoing development approved under Planning Permit 1036/06.

The site is affected by a Design and Development Overlay – Schedule 7, Heritage Overlay (HO150), and a Special Building Overlay.

The development, currently underway and approved under Planning Permit 1036/06, at Her Majesty’s Hotel comprises two basement levels for car parking, ground floor retail space, first floor office space, with the second, third and fourth floors containing a combined total of 11 apartments.

The tenancy to the east, known as No. 140 and No. 144 Toorak Road, South Yarra, also makes up part of Her Majesty’s Hotel. An application for a packaged liquor licence and car parking dispensation is currently before Council to determine (Application 354/14).

The tenancy to the south, known as No.50 Davis Avenue South Yarra, also part of Her Majesty’s Hotel is the subject site for a separate planning application for a Restaurant and Cafe Liquor Licence and car parking dispensation currently before Council to determine (Application 370/14).

A laneway is located to the south of Her Majesty’s Hotel, further to the south of the laneway is Zoned General Residential and contains dwellings. The residential property located to the south of the laneway is known as No. 48 Davis Avenue, South Yarra.

The land to the west of the site comprises of double storey commercial developments and uses.

The land to the north of the site comprises of singe storey commercial development housing retail uses.

Toorak Road comprises of a number of commercial development and uses including (but not limited to) restaurants and cafes, offices, and retail.


Planning permit 1036/06 was issued on 5 March 2008 at the direction of the Victorian Civil and Administrative Tribunal (VCAT) for the use of the land for dwellings and offices, part demolition of the existing building, with subsequent re-development, alterations and additions, including two additional levels and part dispensation from the requirement of Clause 52.06 (car parking), and full dispensation from the requirements of Clause 52.07 (Loading facilities)'. Plans were endorsed on 4 March 2009, and subsequently amended.


These amendments altered a number of things including slightly reducing the retail areas, increasing one of the office spaces, a further reduction to the total number of car spaces, and a reduction in the number of apartments from 16 to 11.


Eighteen (18) car spaces, out of the forty-seven (47) total car spaces, have been nominated for both office staff and retail staff within the one of the basement levels. Condition 15 of the permit requires the submission of a Parking Management Plan to be submitted prior to the occupation of the development, the plan has not been submitted to date. Among other requirements, the Parking Management Plan must designate car spaces to the individual tenancies.

The Title The site is described on Certificate of Title Volume 03805 Folio 886 as Lot 1 on Title Plan 842101K and no covenants or easements affect the land. Planning Controls Zone Clause 34.01 Commercial 1 Zone A permit is not required to use the land for the purpose of a restaurant as it falls within Section 1 of the Table of Uses at Clause 34.01-1. The use of the land for the purpose of a restaurant is nested within the overarching ‘retail premises’ use as per Clause 75.11. A permit is not required for the proposed liquor licence or car parking reduction pursuant to the requirements of Clause 34.01. Overlays Clause 43.01 Heritage Overlay (HO150) A permit is not required for the proposed liquor licence or car parking reduction pursuant to the requirements of Clause 43.01. Clause 43.02 Design and Development Overlay (Schedule 7) A permit is not required for the proposed liquor licence or car parking reduction pursuant to the requirements of Clause 43.02. Clause 44.05 Special Building Overlay A permit is not required for the proposed liquor licence or car parking reduction pursuant to the requirements of Clause 44.05. Particular Provisions Clause 52.06 Car Parking Pursuant to Clause 52.06 a permit is required to reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5. Clause 52.27 Licensed Premises Pursuant to Clause 52.27 a permit is required to use land to sell or consume liquor if a licence is required under the Liquor Control Reform Act 1998. A licence is required under the Liquor Reform Act 1998 for the proposed restaurant and café liquor licence and therefore a planning permit is required.


Relevant Planning Policies Clause 17 Economic Development Clause 21.03 Vision Clause 21.04 Economic Development Clause 22.10 Licensed Premises Policy Clause 22.19 Prahran, South Yarra and Windsor Activity Centre Policy Clause 52.06 Car Parking Clause 52.27 Licensed Premises Clause 65 Decision Guidelines Advertising The application has been advertised pursuant to Section 52 of the Planning and Environment Act 1987 by sending notices to the owners and occupiers of adjoining land (and by placing two signs on the site). The public notification of the application has been completed satisfactorily. The site is located in North Ward and one objection from the South Yarra Village Residents Group has been received which is summarised below:

Concerns raised in relation to the potential connection of the two restaurant and cafe liquor licences proposed for Her Majesty’s Hotel (other application 3740/14 at No. 50 Davis Avenue South Yarra).

Lack of seating provided for patrons as per the seats and tables detailed on plans.

Level of compliance with Council’s Footpath Trading Policy.

Suitability of the type of liquor licence proposed when considering the provision of seating, patron numbers and proposed hours.

Referrals No referrals were required for the assessment of this application. KEY ISSUES Strategic Justification The site is situated within a Commercial 1 Zone (Clause 34.01) where the use of the land for a restaurant does not require a planning permit. The relevant objective of the zone aims ‘to create vibrant mixed use commercial centers for retail, office, business, entertainment and community uses.’ Although Clause 22.19 (Prahran, South Yarra and Windsor Activity Centre Policy) is not technically applied to the application, as the use of the land for a restaurant is as of right within the Commercial 1 Zone, it is relevant to discuss as the subject site is located within the South Yarra Precinct. The South Yarra Precinct Vision Statement, within Clause 22.19, refers to the area being a transformed employment, living and tourism hub founded on high quality, integrated public transport and pedestrian links, convenient neighbourhood and distinctive shopping and attractive networks of streets and spaces. Generally speaking, among other objectives, Clause 22.19 encourages a range of hospitality, entertainment, retail uses (and other commercial uses), whilst seeking to manage the potential and existing conflicts between residential amenity and hospitality and entertainment uses. Clause 21.04 (Economic Development) highlights that hospitality uses are recognised for their contribution to the vitality and viability of the City; however they do not dominate or adversely affect activity centres and the surrounding residential areas.


It is submitted that the restaurant will provide a vibrant and desirable use which is compatible with the South Yarra Precinct, in accordance with the objectives of Clause 22.19. In particular the restaurant provides a hospitality option in a suitable location whilst not unreasonably impacting the amenity of the residential land within close proximity to the site; this will be discussed further below. Clause 22.10 (Licensed Premises Policy) discourages trading past 11.00pm outside of Principle Activity Centres and for licences premises adjacent to a residential zone/use unless the Responsible Authority is satisfied that the use will not adversely affect the amenity of the area. As identified within the Strategic Framework Plan at Clause 21.03 (Vision) the site is located within a Large Neighbourhood Activity Centre adjacent to a Principle Activity Centre. The proposed hours for the sale and consumption of alcohol have been amended (on 24 September 2014) to cease at 11.00pm rather than 1.00am. These hours are consistent with the relevant policy, and will reduce the potential amenity impacts to the residential land located to the south of the site. Amenity Impacts It is policy as directed by Clause 22.10 that the operation of licensed premises should have no unreasonable impact on the amenity and safety of surrounding uses, particularly in relation to noise, hours of operation and car parking demand. Furthermore the purpose of Clause 52.27 (Licensed Premises) encourages licensed premises to be situated within appropriate locations and to ensure that amenity impacts to the surrounding land are considered. The main areas with the potential to impact the amenity of the surrounding land are considered in turn below. Hours Proposed for the Sale and Consumption of Liquor As discussed above the proposed hours for the sale and consumption are acceptable as they are consistent with the policy outlined within Clause 22.10, which directs licensing past 11.00pm within Principle Activity Centres. The proposed hours for the licensing of the restaurant internally and within the footpath trading area cease at 11.00pm which is considered acceptable as the site abuts a main road within a Large Neighbourhood Activity Centre within a Commercial Zone. The hours for the licensing are compatible with the surrounding commercial land, and will not result in any unreasonable amenity impacts to the residential land to the south. It is worthy to mention that the use of the land for the purpose of a restaurant can extend past 11.00pm without a Planning Permit as the use of the land as a restaurant does not require planning approval. Noise Noise emissions will be controlled by permit conditions which will restrict music and entertainment to background only noise levels with the use of only non-amplified instruments unless with the written consent of the Responsible Authority. Background music level, in relation to premises, means a level that enables patrons to conduct a conversation at a distance of 600 millimetres without having to raise their voices to a substantial level. A condition will be included stating that noise emanating from the subject land must comply with State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2, to the satisfaction of the Responsible Authority. A further condition will also be included to prohibit the placement of speakers externally to ensure music is not played within the footpath trading area. These conditions are considered to be acceptable measures to control noise and are commonly included on Restaurant and Cafe Liquor Licences. Furthermore the restaurant is located on the corner of Davis Avenue and Toorak Road and is surrounded by non-sensitive commercial uses, with the closest residential land located further south and separated by another shop (to be used as a restaurant; current Restaurant and Cafe Liquor Licence Application No.370/14).


The restaurant and cafe liquor licence is unlikely to result in any unreasonable noise related impacts to the residential land located further to the south of Her Majesty’s Hotel. Noise resulting from patrons leaving the premises is likely to be directed away from the existing dwellings to the south of the site, as the main public transport options are located to the north of the site along Toorak Road. Furthermore the tenancy at No. 50 Davis Avenue, South Yarra, is located between the subject site and the closest dwelling which provides an additional sound barrier. A permit condition will require bottles and rubbish not to be removed from the premises between the hours of 11.00pm and 7.00am the following day. This will adequately address noise impacts associated with the collection of waste, and is appropriate given the proximity of residential land. Proximity to Residential Land & Safety Clause 22.10 details that research has found that smaller well managed licence premises generally present a low risk of adverse impacts, in comparison to large licensed premises that operate late at night. Furthermore Clause 22.10 suggests that licensed premises that are most likely to be associated with alcohol related harm are licensed hotels, taverns and nightclubs. It is therefore unlikely that the proposed restaurant and café liquor licence will result in alcohol related harm and its proximity to residential land is less problematic than a licence for a different type of venue such as a bar or night club. Furthermore the provision of an active frontage is encouraged by Clause 22.10 within Activity Centres, and is generally accepted as a design concept that assists improved safety. Additionally a permit condition will require the predominant activity carried out at all times on the licensed premises must be the preparation and serving of meals for consumption on the licensed premises to the satisfaction of the Responsible Authority. Again as liquor will predominantly be served in conjunction with meals it is unlikely that antisocial behaviour will result from the proposed restaurant and cafe liquor licence. Car Parking and Traffic The proposal requires a reduction to the standard car parking requirements of Clause 52.06. Furthermore Clause 22.10 encourages licensed premises within locations that will discourage patrons parking within a Residential Zone. Pursuant to Clause 52.06 a permit is required to reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5. The rate as prescribed by Clause 52.06-5 for the use of the land for the purpose of a restaurant is 0.4 spaces per patron permitted, which equates to 28 car spaces. It is likely that the tenancy will be allocated one car space for a staff member as per the Parking Management Plan to be endorsed in accordance with Planning Permit 1036/06. A waiver to the standard requirements of Clause 52.06 is considered acceptable as the site is well serviced by public transport along Toorak Road and via the South Yarra Train Station (located approximately 120 metres from the site), and due to the positioning of the site within a Large Neighbourhood Activity Centre. It is likely that patrons will use sustainable transport methods such as public transport, cycling, and walking. Restricted car parking is located on Toorak Road for patrons who will drive to the venue. It is also possible that patrons will park within Davis Avenue (parking subject to restrictions), which is not desirable given the residential nature of the area, however given the availability of public transport it is not considered that the reliance on cars to provide access, and associated car parking demand will be excessive. The car parking waiver is not likely to cause significant amenity impacts to residents within Davis Avenue.


Objections In response to the grounds of objection not already discussed in the report, the following comments are made:

Concerns were raised in relation to the potential connection of the two restaurant and cafe liquor licences proposed for Her Majesty’s Hotel (other application 370/14 at No. 50 Davis Avenue South Yarra), however the proposals are separate and will be located in individual tenancies within Her Majesty’s Hotel. The separate Restaurant and Cafe Liquor Licences will have a separate permit and if it is intended to join the two at a later stage an amendment or new application would need to be submitted.

The proposal will need to comply with Council’s Footpath Trading Policy. A Condition 1 will be included in the Notice of Decision which will require the red line plan to be amended to demonstrate compliance. The red-line plan details a minimum 1.5 metre clear pedestrian walkway (measured from the building line) in accordance with the policy; however the plan does not detail a clearance of 0.30m from the red line to the kerb. Amended plans detailing a 0.30m clearance will be required as per a Condition of the Permit.

Concerns are raised by the objector in relation to the lack of seating available to patrons and the late hours proposed for the licence (as per the original hours advertised). In response to this concern, the hours proposed for the licence have been reduced from 1.00am to 11.00pm, and the percentage of seats required for patrons will be prescribed via a permit condition.



The proposal, subject to conditions, will not have adverse amenity impacts on the surrounding land.

The proposed patron numbers are acceptable and hours of operation are considered satisfactory.

ATTACHMENTS

1. PD - 0369-14 - 134 - 136 Toorak Road South Yarra - 1 of 1 Plans

RECOMMENDATION That a Notice of Decision to Grant a Planning Permit No: 0369/14 for the land located at 134 – 136 Toorak Road South Yarra be issued under the Stonnington Planning Scheme for a Restaurant and Cafe Liquor Licence and car parking dispensation associated with the use of the land as a restaurant (as of right use) subject to the following conditions:


1. Before the commencement of the use, three (3) copies of plans drawn to

scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the plans submitted with the application and Council date stamped 13 June 2014 but modified to show:

a) A clearance of a minimum of 0.30m from the red line to the kerb.

2. The plans endorsed to accompany the permit must not be amended without

the written consent of the Responsible Authority.

3. A maximum number of 72 patrons (58 patrons internally and 14 patrons within the footpath trading area) may be housed on the premises at any one time to the satisfaction of the Responsible Authority.

4. Without the prior written consent of the Responsible Authority, the sale and

consumption of liquor must only occur within the licensed area between the following hours:

Monday to Saturday 7:00am to 11:00pm.

Sundays 10.00am to 11.00pm.

ANZAC Day and Good Friday 12.00pm to 11.00pm.

5. The predominant activity carried out at all times on the licensed premises must be the preparation and serving of meals for consumption on the licensed premises to the satisfaction of the Responsible Authority.

6. Tables and chairs must be placed in position on the licensed premises so as to be available for at least 75% of the patrons attending the premises at any one time, to the satisfaction of the Responsible Authority.

7. Noise emanating from the subject land must comply with State

Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2, to the satisfaction of the Responsible Authority.

8. The provision of music and entertainment on the premises must be limited

to background music or entertainment by performers using non-amplified instruments unless with the written consent of the Responsible Authority.

9. Bottles and rubbish must not be removed from the premises between the

hours of 11pm and 7am the following day.

10. Speakers must not be located within the footpath trading area unless with the written consent of the Responsible Authority.


a) The use is not started within two years from the date of this permit. b) The use is discontinued for a period of two years or more. In accordance with Section 69 of the Planning and Environment Act 1987, a request may be submitted to the Responsible Authority within the prescribed timeframes for an extension of the periods referred to in this condition.


NOTES:

i. Background music level, in relation to premises, means a level that enables patrons to conduct a conversation at a distance of 600 millimetres without having to raise their voices to a substantial level.

ii. This permit does not constitute any authority to carry out any building works or occupy the building or part of the building unless all relevant building permits are obtained.

iii. Should the Restaurant and Liquor Licence approved under this permit be

acted on the endorsed plans for Planning Permit 1036/06, issued for the site on 5 March 2008, will need to be amended to correctly reflect the endorsed plans under this permit.

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





4 PLANNING PERMIT APPLICATION 0368/14 – 140 & 144 TOORAK ROAD, SOUTH YARRA

– PACKAGED LIQUOR LICENCE AND CAR PARKING REDUCTION ASSOCIATED WITH THE

USE OF THE LAND AS A BOTTLE SHOP (AS OF RIGHT USE)


PURPOSE For Council to consider a planning application for a packaged liquor licence associated with the use of the land as a bottle shop (as of right use) at 140 & 144 Toorak Road South Yarra. Executive Summary Applicant: Bravo Properties Pty Ltd

C/- On Tap Liquor Consulting Ward: North Zone: Commercial 1 Zone – Clause 34.01 Overlay: Design and Development Overlay (Schedule 7), Special

Building Overlay, Heritage Overlay Date lodged: 20 May 2014 Statutory days: (as at council meeting date)

102


Councillor Call Up and the number of objections.

Number of objections: 37 Consultative Meeting: Yes – held on 9 September 2014 Officer Recommendation: Issue a Notice of Decision to Grant a Planning Permit

BACKGROUND The Proposal The plans that form part of the basis of Council's consideration were prepared by On Tap Liquor Consulting and are known as Proposed Red Line Plan, Council date stamped 27 June 2014, and Written Submission, Council Date Stamped 20 May 2014. Key features of the proposal are:

Packaged liquor licence associated with the use of the land as a bottle shop (as of right use).

The hours proposed for the sale of alcohol are between;


10.00am and 11.00pm Sunday.

12.00pm and 11.00pm on Anzac Day.

Approximately 4 staff are proposed to be on site at any one time.

The bottle shop has a floor area of approximately 210 square metres, which includes a cool room, stock room, tasting area and selling area.


The proposed tasting area is located within an area to the rear of the shop. The area is approximately 22 square metres and will include shelving around the perimeter and a mobile wine tasting table and sink within the centre of the area.

Access will be provided via an entrance facing Toorak Road.

A car parking dispensation. Site and Surrounds The site is located on Toorak Road within the A2 heritage graded Her Majesty’s Hotel. The site has the following significant characteristics:

The tenancy is known as No. 140 and 144 Toorak Road, South Yarra, and has a frontage to Toorak Road, and a ramp and entry hallway is located to the rear of the tenancy.

Her Majesty’s Hotel is located on the corner of Toorak Road and Davis Avenue in South Yarra and comprises of a number of lots, including No. 50 Davis Avenue South Yarra, and No.134 Toorak Road South Yarra which both have current applications before Council to determine (Applications 370/14 and 369/14 respectively). Both applications are for Restaurant and Cafe Liquor Licences associated with the use each tenancy as separate restaurants (as of right use) and an associated car parking dispensation.

The site is zoned Commercial 1 and is affected by a Design and Development Overlay – Schedule 7, Heritage Overlay (HO150), and a Special Building Overlay.

Her Majesty’s Hotel is currently undergoing development which has been approved under Planning Permit 1036/06.

The development approved under Planning Permit 1036/06 at Her Majesty’s Hotel comprises two basement levels for car parking, ground floor retail space, first floor office space, with the second, third and fourth floors containing a combined total of 11 apartments.

To the east of the tenancy lies No. 146 Toorak Road South Yarra which contains a double storey building currently being used for as a display office associated with the development approved at the site.

No. 134-136 Toorak Road South Yarra is located directly to the west of the tenancy and is part of Her Majesty’s Hotel as explained above. Further to the west, across Davis Avenue, lies commercially zoned land comprising of a double storey commercial development with a range of uses including a cafe and medical uses (hearing clinic and an osteopathy clinic).

A laneway is located to the south of Her Majesty’s Hotel, further to the south of the laneway is Zoned General Residential and contains dwellings. The residential property located to the south of the laneway is known as No. 48 Davis Avenue, South Yarra. The residential property is separated from the tenancy by a ramp and internal hallways within Her Majesty’s Hotel and the rear laneway.

Two retail packaged liquor outlets; IGA Express and Beards Bottle Shop are located within 100 metres of the subject site, with a third (IGA Liquor) just outside the 100 metre radius at 172-174 Toorak Road South Yarra.


Planning permit 1036/06 was issued on 5 March 2008 at the direction of the Victorian Civil and Administrative Tribunal (VCAT) for the use of the land for dwellings and offices, part demolition of the existing building, with subsequent re-development, alterations and additions, including two additional levels and part dispensation from the


requirement of Clause 52.06 (car parking), and full dispensation from the requirements of Clause 52.07 (Loading facilities)'. Plans were endorsed on 4 March 2009, and subsequently amended. These amendments altered a number of things including slightly reducing the retail areas, increasing one of the office spaces, a further reduction to the total number of car spaces, and a reduction in the number of apartments from 16 to 11.


Eighteen (18) car spaces, out of the forty-seven (47) total car spaces, have been nominated for both office staff and retail staff within the one of the basement levels. Condition 15 of the permit requires the submission of a parking Management Plan to be submitted prior to the occupation of the development, the plan has not been submitted to date. Among other requirements, the Parking Management Plan must designate car spaces to the individual tenancies.

The Title The site is described on Certificate of Title Volume 03805 Folio 869 as Lot 1 on Title Plan 834600L and no covenants or easements affect the land. Planning Controls The following controls/permit triggers are considerations for this application: Zone Clause 34.01 Commercial 1 Zone A permit is not required to use the land for the purpose of a bottle shop as it falls within Section 1 of the Table of Uses at Clause 34.01-1. The use of the land for the purpose of a bottle shop is nested within the overarching term ‘shop’ as per Clause 75.11. A permit is not required for the proposed liquor licence or car parking reduction pursuant to the requirements of Clause 34.01. Overlays Clause 43.01 Heritage Overlay (HO150) A permit is not required for the proposed liquor licence or car parking reduction pursuant to the requirements of Clause 43.01. Clause 43.02 Design and Development Overlay (Schedule 7) A permit is not required for the proposed liquor licence or car parking reduction pursuant to the requirements of Clause 43.02. Clause 44.05 Special Building Overlay A permit is not required for the proposed liquor licence or car parking reduction pursuant to the requirements of Clause 44.05. Particular Provisions Clause 52.06 Car Parking Pursuant to Clause 52.06 a permit is required to reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5.


Clause 52.27 Licensed Premises Pursuant to Clause 52.27 a permit is required to use land to sell or consume liquor if a licence is required under the Liquor Control Reform Act 1998. A licence is required under the Liquor Reform Act 1998 for the proposed packaged liquor licence and therefore a planning permit is required. Relevant Planning Policies Clause 17 Economic Development Clause 21.03 Vision Clause 21.04 Economic Development Clause 22.10 Licensed Premises Policy Clause 22.19 Prahran, South Yarra and Windsor Activity Centre Policy Clause 52.06 Car Parking Clause 52.27 Licensed Premises Clause 65 Decision Guidelines Advertising The application has been advertised pursuant to Section 52 of the Planning and Environment Act 1987 by sending notices to the owners and occupiers of adjoining land (and by placing one sign on the site). The public notification of the application has been completed satisfactorily. The site is located in the North Ward and objections from 37 different properties have been received which are summarized below:

Amenity impacts

Waste/litter

Antisocial behaviour

Saturation of liquor outlets/Cumulative impact

Heath impacts associated with liquor consumption

Increase in traffic

Car parking demand

Lack of loading and unloading facilities

Safety and alcohol related violence

Social and health related impacts to children and youth

Human/foot traffic

Noise A Consultative Meeting was held on 9 September 2014. The meeting was attended by Councillor Matthew Koce and Councillor Jamie Klisaris, representatives of the applicant, two objectors and two Council planning officers. The meeting did not result in any changes to the proposal. Referrals The application was referred internally to the Compliance and Response Department and to the Corporate and Community Planning Department. The summarised referral comments are provided below.


Compliance and Response (Local Laws)

A referral response from Compliance and Response was received on 12 June 2014, and no objection was raised in relation to the proposed packaged liquor licence, no conditions were recommended. Compliance and Response have communicated that they don’t believe that the proposal creates a cluster of licensed premises in a geographical manner as the licensed premises in question is not adding to a saturated area. There are very few licensed premises in the immediate vicinity. Compliance and Response have also advised that they have reviewed the written submission and believe that it is accurate.

It is not considered that the proposal will have an impact on the area in relation to noise, and it is unlikely that the proposal will cause congregation at closing time. Due to the nature of the use movement of patrons between premises is of no consequence.

Compliance and Response do not believe that the proposal will result in issues in nearby public spaces or parking in public car spaces.

A current litter issue within the locality is not known of, and it is further stated that litter issues are not expected to result from the proposed packaged liquor licence, therefore a litter management approach is not recommended.

Compliance and Response have provided advice that approximately 10 to 15 years ago the Saloon Bar operated at the subject site. The Saloon Bar was subject to a number of resident complaints regarding noise generated by music. As the proposal involves a packaged liquor licence and not a similar liquor licence to what was utilised by the Saloon Bar (presumably a general liquor licence), the history of complaints should not be considered and the proposed packaged liquor licence will not add to complaints and disturbance in the area.

Corporate and Community Planning

A referral response was received from Corporate and Community Planning on 17 July 2014, and no objection was raised for the proposed packaged liquor licence provided that the licensee becomes a member and active participant in the Stonnington Liquor Accord.

It is explained in the referral response that the proposal is consistent with the planning controls for the area, but the type and style of outlet proposed is crucial to providing a positive contribution to the locality.

Although there is a link between the provision of alcohol and negative health impacts, and most alcohol is consumed from packaged liquor outlets, there is no local evidence that this proposal would contribute specifically to this type of harm in the area.

Corporate and Community Planning conducted a site inspection on the 17th of July 2014 and observed three existing packaged liquor outlets; however one appeared to be vacant.

It is not expected that use as a packaged liquor outlet would generate excessive noise or demand on parking, unless the intention was for a ‘big box’ outlet, which would not be supported in this location.


The surrounding location has a diverse mix of uses, and there do not appear to be any nearby, sensitive uses that would be affected by this proposal.

Including this proposal, there would be three packaged liquor licenses within 100 metres and seven within 500 metres of the site.

The proposal does not fit criteria for a high risk venue.

The proposed packaged liquor outlet will not be located within close proximity to any night clubs - research shows that where packaged liquor outlets are close to heavy concentrations of bars, clubs and, hotels, people are more likely to consume alcohol from packaged outlets (i.e. ‘preload’) before entering the other venues.

With ordinary closing hours, it is expected that the cumulative impact would be minimal in the locality given the existing mix of licensed and unlicensed premises.

Police from the Prahran Licensing Division indicated (on 14 July, 2014) that the area surrounding the proposed premises is not a ‘trouble area’ and is not at a ‘tipping point’ for cumulative impact.

It is important to prevent or mitigate potential issues with good management practices. It is a condition of every packaged liquor licence that the licensee must comply with the VCGLR’s Packaged Liquor Code of Conduct. Since the applicant is the developer, with the owner and end manager of the premises unknown, it is not possible to assess the management of the premises any further.

Based on an assessment of potential impacts it is considered that this is not a high-risk proposal in this locality, at this time.

KEY ISSUES Strategic Justification The site is situated within a Commercial 1 Zone (Clause 34.01) where the use of the land for the purpose of a bottle shop does not require a planning permit. The relevant objective of the zone aims ‘to create vibrant mixed use commercial centers for retail, office, business, entertainment and community uses.’ Although Clause 22.19 (Prahran, South Yarra and Windsor Activity Centre Policy) is not technically applied to the application, as the use of a bottle shop is as of right within the Commercial 1 Zone, it is relevant to discuss as the subject site is located within the South Yarra Precinct. The South Yarra Precinct Vision Statement, within Clause 22.19, refers to the area being a transformed employment, living and tourism hub founded on high quality, integrated public transport and pedestrian links, convenient neighbourhood and distinctive shopping and attractive networks of streets and spaces. Generally speaking, among other objectives, Clause 22.19 encourages a range of hospitality, entertainment, retail uses (and other commercial uses), whilst seeking to manage the potential and existing conflicts. Table 21.04-1 to Clause 21.04 (Economic Development) highlights that the role of the Large Neighbourhood Activity Centre, for which the subject site is located within, is to cater for everyday needs and wider specialty retail, office and service markets. It is considered that the use addresses the relevant planning policy by providing a retail use within a suitable location. Furthermore the type of use is not one that saturates the area, with two other operating bottle shops within 100 metres of the subject site, and a third just outside of the 100 metre radius.


It is worthy to note that the site is not located in the area subject to Clause 43.03 Incorporated Plan Overlay (Schedule 3) (Late night liquor licence trading in the Chapel Street Precinct: measuring the saturation levels). Clause 43.03 assists the assessment of applications for uses that are defined as Source of Potential Harm Venues in the Late night liquor licence trading in the Chapel Street Precinct: measuring the saturation levels Research Paper. The proposed liquor licence is not associated with the use of the land as a night club, tavern, or licensed hotel with a patron capacity over 200 patrons and operating hours that extend past 12.00pm; which are uses defined as a source of potential harm. Both Clause 22.10 and Clause 52.27 of the Stonnington Planning Scheme are applicable to the assessment of this application. It is identified within Clause 22.10 that Council’s Saturation Policy 2010 indicates that most harm comes from late night venues with either General or On Premises licenses operating after 12.00am – defined as a Source of Potential Harm. This proposal is for ordinary hours of operation, closing at 11.00pm. It is policy that licensed premises should not have an unreasonable impact on the amenity of the surrounding uses in relation to noise, hours of operation, light spill, and car parking demand and the potential spill of car parking into residential areas. Clause 22.10 outlines that the surrounding uses and zoning should be considered when determining the hours of trading for a licensed premises, to address any potential amenity impacts. Furthermore Clause 22.10 directs liquor trading after 11.00pm to Principle Activity Centres subject to compliance with other aspects of the policy. Clause 22.10 and Clause 52.27 discourage concentration of licensed premises to address the potential for an adverse cumulative effect on the area. It is submitted that the packaged liquor licence associated with the use of the land as a bottle shop which is as of right in the Commercial 1 Zone is acceptable. The hours of operation proposed do not extend past 11.00pm, and the surrounding land is predominantly zoned Commercial 1 with a mix of commercial uses operating along Toorak Road. Furthermore the residential land to the rear of the site should not be unreasonably impacted by the proposed packaged liquor licence; this will be discussed further below. Importantly it is not considered that the proposed packaged liquor licence will result in an adverse cumulative impact. Amenity impacts Noise The proposed packaged liquor licence is associated with a bottle shop, operating within typical trading hours which do not extend past 11.00pm. Noise is not likely to be an issue given the nature of the use, the proposed operating hours, and the surrounding commercial land to the North, East, and West. The residential land to the south will not be impacted by noise any more so than another retail use that could operate within the site as of right. Council’s Compliance and Response (Building and Local Laws) Department supports the position that the proposal will not result in noise related amenity impacts as it is unlikely that the proposal will cause congregation at closing time due to the nature of the use, or result in significant patron movement from the packaged liquor outlet to other licensed premises. Noise impacts associated with patrons will not be significant. Hours of Operation The hours of operation proposed are between 9.00am and 11.00pm Monday to Saturday, 10.00am and 11.00pm Sunday, and 12.00pm and 11.00pm on Anzac Day. These hours are not contrary to policy listed at Clause 22.10 which encourages liquor licences with trading


hours past 11.00pm within Principle Activity Centres. The proposed hours are consistent with the predominantly commercial surrounds and should not have a detrimental impact on the residential land to the south. As discussed by Council’s Compliance and Response (Building and Local Laws) Department and Council’s Corporate and Community Planning Department the surrounding land comprises of a number of uses, some with liquor licences (including packaged liquor licences) with varying hours, however it is noted that there are a limited number of late night liquor licences within the area, this will be discussed further within the below section of this report. Both of the packaged liquor licences within 100 metres of the subject site (IGA Express and Beards Bottle Shop) are permitted to operate until 11.00pm. The proposed liquor licence with finishing hours of 11.00pm does not result in a cluster of late night premises in the area. Compatibility with Surrounding Land and Uses In accordance with the policy listed at Clause 22.10 consideration of the surrounding uses and zoning is required. As identified previously the site is located within a Large Neighbourhood Activity Centre on one of the municipalities main road, in a Commercial 1 Zone. The land to the north, on the opposite of Toorak Road, comprises of a number of commercial uses, with retail being the predominant use directly adjacent to the site. A mix of uses are located to the east and the west of the site including a display office for the development and a hearing clinic directly abutting the site. It is not considered that the proposed packaged liquor licence will have an unreasonable impact on the amenity of the land to the north, east and west. Although the land to the south is sensitive, being used and zoned for residential purposes, it is not considered that the proposed liquor licence will significantly impact the amenity of the area. The bottle shop has a frontage to Toorak Road, patrons would need to walk approximately 70 metres (from Toorak Road to Davis Avenue) to residentially zoned land at Davis Avenue. It is unlikely that Davis Avenue will be utilised by patrons of the shop for as a main thoroughfare for access. Furthermore the residential property located to the south of Her Majesty’s Hotel, at No. 48 Davis Avenue, South Yarra, is separated by a ramp and internal hallways (approved as part of the development under Planning Permit 1036/06) and a laneway. It is worthy to mention that the South Yarra Train Station is located approximately 75 metres to the East of the site, which is a identified in internal referral comments as a significant destination point for Melbourne High School Students. Although the train station is utilised by students the school is located in the opposite direction a significant distance from the bottle shop (approximately 500 metres), and is therefore not considered problematic. Safety and Health Clause 22.10 identifies that research has found that licensed premises that are most likely to be associated with alcohol related harm are licensed hotels, taverns and nightclubs. Council’s Corporate and Community Planning Department explains that Victorian Police assault data has revealed that the density of packaged liquor outlets is associated with assaults in disadvantaged and advantaged suburbs, however the relationship does not extend to central and inner urban suburbs (Livingston, 2008 cited ibid). Furthermore although it has been identified that research shows that the proximity of packaged liquor outlets to where people live increases the likelihood of risky drinking, again there is no data specifically for South Yarra but is worthy to note. VCAT decisions, such as the Hunt Club Commercial Pty Ltd v Casey CC red dot decision, identify that planning is primarily concerned with use, development, and protection of land


use, and not with addressing all perceived community and social issues. Within the Order Deputy President Mark Dwyer states; ‘As a matter of general principle, a broad concern about the social harm caused by alcohol, the accessibility of alcohol in the community generally, or the potential for the abuse or misuse of alcohol, will rarely (if ever) be a relevant planning consideration in the exercise of discretion for a particular licensed premises under clause 52.27.’ Although it is evident that there is a correlation between packaged liquor licences and health and antisocial behaviour, the legal framework of the Planning and Environment Act 1987 does not provide scope for assessment of these issues outside of the parameters of considering cumulative impacts associated with liquor licences. It is generally accepted that a diversity of land uses and activities can result in increased amenity and vibrancy in an area. Council’s Corporate and Community Planning Department highlights that the mix of uses evident within the area may help to mitigate potential harm, and reduce the potential for the packaged liquor licence having an unreasonable negative impact. Cumulative Impact The Department of Community and Planning (DPCD) Practice Note (61) – Licensed Premises: Assessing cumulative impact describes cumulative impact as ‘the positive and negative impacts that can result from clustering a particular land use or type of land use’. It is understood that the potential for cumulative impact from a cluster of licensed premises can vary due to varying conditions of locations, the variety and number of venues and destination points for activities associated with the supply of alcohol. The practice note explains that ‘cumulative impact is a product of the number and type of venues present, the way they are managed, and the capacity of the local area to accommodate those venues.’ The practice note describes negative cumulative impacts including noise and anti-social behavior, infrastructure capacity problems, safety issues, and crime, where as positive cumulative impacts can be increased vitality, economic benefits, status in an entertainment destination, improved consumer choice and increased ability to manage impacts. An area may reach ‘saturation point’ where an additional premises, or type of premises, will lead to a negative impact on the surrounding area. The subject liquor licence does not propose hours past 11.00pm, however it is located within an area that contains over 3 licenses within a radius of 100 meters and it is therefore considered that a cluster of licensed premises exist in the area. A mix of packaged liquor (two existing), restaurant and café liquor (three), late night on – premises (one), on-premises (one), and limited liquor licences (five), as established by Corporate and Community planning on 8 May 2014, exist within 100 metres of the subject site. Furthermore within 500 metres of the site, there are 90 licenses including, 46 Restaurant and Café licences, 8t On Premises licences, 4 Late Night On Premises licences, 6 Packaged Liquor licences, 3 General Licences, 4 Late Night General Licences and 23 Limited Licences. There are a mix of types of liquor licences within the area, and only one late night on premises liquor licence located within 100 metres of the subject site. As identified by Corporate and Community Development research shows that packaged liquor licences located close to heavy concentrations of bars is linked to patrons drinking packaged liquor prior to entering the venues (‘pre-loading’). In this instance it is not likely that the packaged liquor licence will significantly encourage this behaviour as there is not a high number of late night-on premises liquor licences within close proximity to the proposed bottle shop.


It is worthy to mention that through the referrals sought for this application, the views of the Prahran Police from the Prahran Licensing Division did not identify the subject area as a ‘trouble area’ or one that was at a ‘tipping point’ in relation to cumulative impact. Furthermore antisocial behaviour associated with cumulative impact can be mitigated by good management practice, for example through the implementation of Local Laws prohibiting drinking within public spaces. It is considered that appropriate impact mitigation will occur through adherence to the Packaged Liquor Code of Conduct, as required by the VCGLR. Furthermore a permit condition will be included requiring the licensee to become a member of the Stonnington Liquor Accord in accordance with internal referral comments and recommendations which encourages good management of the licenced premises. Car Parking The proposal requires a reduction to the standard car parking requirements of Clause 52.06. Furthermore Clause 22.10 encourages licensed premises within locations that will discourage patrons parking within a Residential Zone. Pursuant to Clause 52.06 a permit is required to reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5. The rate as prescribed by Clause 52.06-5 for the use of the land as a shop is 4 spaces per 100 square metres, which equates to 8 car spaces. It is likely that the tenancy will be allocated one car space for a staff member as per the Parking Management Plan to be endorsed in accordance with Planning Permit 1036/06. The bottle shop will have a frontage to Toorak Road where restricted parking is available, and public transport is provided in the form of trams along Toorak Road and the South Yarra Train Station (located approximately 120 metres from the site). Given the location of the proposed bottle shop (within a large Neighbourhood Activity Centre with good access to public transport) it is likely that patrons will often utilise public transport options and walk to the shop. It is unlikely that the bottle shop will result in a significant increase in parking along Davis Avenue, and if an increase is experienced it would likely be similar to that resulting from another type of retail regardless of the liquor licence. The bottle shop does not have an excessive floor area and has been put forward by the developer as a smaller ‘boutique’ bottle shop, therefore not attracting an excessive number of customers and associated high car parking demand and impact on the existing traffic network. The reduction to the standard car parking requirements is considered acceptable. Objections In response to the grounds of objection not already discussed in the report, the following comments are made:

Concerns were raised by objectors in relation to litter generated by the proposal. It is unlikely that the proposal will significantly increase the amount of litter in the area. Furthermore the potential littering by patrons cannot be considered under the legal framework of the Planning and Environment Act 1987.

Concerns have also been raised by objectors in relation to the lack of loading and unloading facilities; loading and unloading requirements are not triggered under Clause 52.07 (Loading and unloading).




The proposed packaged liquor licence will not significantly increase the negative impacts associated with cumulative impact in the area.

The proposed packaged liquor licence will not unreasonably impact the amenity of the surrounding area.

ATTACHMENTS

1. PD - 0368-14 - 140 & 144 Toorak Road South Yarra - 1 of 1 Plans

RECOMMENDATION

That a Notice of Decision to Grant a Planning Permit No: 0368/14 for the land located at 140 & 144 Toorak Road South Yarra be issued under the Stonnington Planning Scheme for a packaged liquor license associated with the use of the land as a bottle shop (as of right use) in a Commercial 1 Zone subject to the following conditions:

1. The plans endorsed to accompany the permit must not be amended without the written consent of the Responsible Authority.

2. Without the prior written consent of the Responsible Authority, the sale of liquor is only permitted as follows:


10.00am and 11.00pm Sunday.

12.00pm and 11.00pm on Anzac Day.

3. The licensee of the liquor licence approved under this permit must become a member and active participant in the Stonnington Liquor Accord.

4. The collection of wastes and recyclables from the premises (other than normal Stonnington City Council Collection) must be conducted between the hours of 7.00am and 4.00pm Mondays to Fridays and between 9.00am and 1.00 pm on Saturdays to the satisfaction of the Responsible Authority.

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

and recyclables within the site. This area must be appropriately graded, drained and screened from public view to the satisfaction of the Responsible Authority.



a) The use is not started within two years from the date of this permit. b) The use is discontinued for a period of two years or more.


NOTES:

i. This permit does not constitute any authority to carry out any building

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

ii. Should the Packaged Liquor Licence approved under this permit be

acted on the endorsed plans for Planning Permit 1036/06, issued for the site on 5 March 2008, will need to be amended to correctly reflect the endorsed plans under this permit.

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





5. REQUEST FOR A PLANNING SCHEME AMENDMENT TO REMOVE A RESTRICTIVE

COVENANT FROM THE TITLES OF 909, 911 AND 913 DANDENONG ROAD, MALVERN

EAST

Senior Strategic Planner: Becky Taylor General Manager Sustainable Future: Karen Watson

PURPOSE

The purpose of this report is for Council to consider a request for a planning scheme amendment to amend the Schedule to Clause 52.02 in the Stonnington Planning Scheme to remove restrictive covenants as they apply to the land at 909, 911 and 913 Dandenong Road, Malvern East.

BACKGROUND

Council previously considered this report at its meeting on 29 September 2014. At this meeting Council deferred consideration of this report to 27 October 2014. Following this, a representative for the owner of 913 Dandenong Road also requested that Council consider removing the restrictive covenant burdening their property. The report has been updated to include this request.

The properties at 909 and 911 Dandenong Road (refer to Attachment 1) are currently affected by a covenant which restricts development of the land:

to not more than one dwelling;

to no other purpose than a dwelling; and,

to ensure the erection of the dwelling costs no less than 500 pounds.

The property at 913 Dandenong Road (refer Attachment 1) is currently affected by a covenant which restricts development of the land:

to not more than one detached house or two semi detached houses;

to no other purpose than a dwelling; and

to ensure the erection of the detached house costs no less than 500 pounds or not less than 650 pounds for the erection of two semi detached houses.

The restrictive covenant that burdens 909 and 911 Dandenong Road has approximately 320 beneficiaries. Details of the numbers of beneficiaries of the restrictive covenant burdening 913 Dandenong Road has not been confirmed by the property owner in time to be included in this report.

There are three main ways to remove or vary a covenant:

1. By applying to the Supreme Court for an order under Section 84 of the Property Law Act 1958.

2. By amending the planning scheme under Part 3 of the Planning and Environment Act 1987.

3. By applying for a planning permit under Part 4 of the Planning and Environment Act 1987.

It is noted that Council, as planning authority, can prepare an amendment to the planning scheme to remove or vary a covenant and at the same time consider a permit application to


authorise something that would result in a breach of the covenant. However, as there is no current planning application proposed, this process is not relevant to this report.

Previous requests by 909 and 911 Dandenong Road

The owner of 909 Dandenong Road has attempted to remove the covenant by a planning permit application (Application 861/10). The planning application was refused by Council, a decision which was affirmed by VCAT (Appeal P3044/2011) as an objection was made by a beneficiary. Council and VCAT determined that a permit could not be issued to remove the covenant having regard to Section 60(5) of the Planning and Environment Act 1987, which states:

‘The responsible authority must not grant a permit which allows for the removal or variation of a restriction referred to in subsection 4 unless it is satisfied that –

(a) the owner of any land benefited by the restriction (other than an owner who, before or after the making of the application for the permit but not more than three months before its making, has consented in writing to the grant of the permit) will be unlikely to suffer any detriment of any kind (including any perceived detriment) as a consequence of the removal or variation of the restriction; and

(b) if that owner has objected to the grant of the permit, the objection is vexatious or not made in good faith.’

Subsequently, the owners of both 909 and 911 Dandenong Road contacted Council in May 2012 to request an amendment to the Planning Scheme to remove all aspects of the covenant as it applies to the above mentioned properties. A report was put to Council to consider progressing Amendment C166 to remove the restrictive covenant through a change to the schedule to Clause 52.02.

The Schedule to Clause 52.02 of the Stonnington Planning Scheme allows for variations to restrictions on covenants through a planning scheme amendment process. At its meeting on 25 June 2012, Council considered a recommendation to request the Minister for Planning for authorisation to prepare Amendment C166. Council resolved to not proceed with the request to prepare an amendment due to the risk of setting a precedent for removing covenants via the planning scheme amendment process.

Restrictive covenants and Amendment C187 (New Residential Zones)

In December 2013, Council adopted Amendment C187 regarding the new residential zones, which allocated the Residential Growth Zone to the properties at 909 and 911 Dandenong Road.

In October 2013 the owners of the above properties wrote to Council during the residential zones consultation and in April 2014 they again wrote to Council and the Minister for Planning to request that the restrictive covenant be removed from their properties as part of Amendment C187 – New Residential Zones.

The location of restrictive covenants was not a consideration in the application of the new residential zones (Amendment C187) which were included in the Planning Scheme in June 2014. A restrictive covenant is a private legal agreement between a land owner and purchaser or other party that is registered on the Certificate of Title. Council is not a party to restrictive covenants (unless as a relevant land owner) and regardless of any new zone applied, the restrictions outlined by the covenant still apply.

Following the gazettal of Amendment C187 on 12 June 2014, the owners of 909 Dandenong Road received a written response from the Department for Transport, Planning and Local Infrastructure referring the enquiry to Council. The letter recommended pursuing a planning scheme amendment to remove the restrictive covenant and cited precedents from adjoining municipalities of Boroondara and Glen Eira.


Current request by the owners of 909 and 911 Dandenong Road

The owners of 909 and 911 Dandenong Road have requested that Council reconsiders the matter of removing the restrictive covenant as it applies to their properties via a planning scheme amendment.

For this current request, should Council resolve not to endorse the request to the Minister for Planning for authorisation to prepare an amendment, an application to the Supreme Court or another planning application would be the remaining options for the owners of 909 and 911 Dandenong Road, Malvern East. The applicants have advised that they have not previously made an application to the Supreme Court under Section 84 of the Property Law Act 1958.

Request by owners of 913 Dandenong Road, Malvern East

On 20 October 2014, Council received a request from a representative of the owner of this property for Council to consider removal of the restrictive covenant affecting their land. It is noted that no planning application has been received by Council from the owner of this property to remove the covenant.

DISCUSSION

The three sites affected by this request are identified in the Stonnington Planning Scheme as being suitable for accommodating medium and higher density development. This is outlined in more detail below.

Strategic Context

909, 911 and 913 Dandenong Road are all subject to Design and Development Overlay Schedule 5 (Waverley Road Neighbourhood Activity Centre) – Precinct 3 (refer to Attachment 2). The design objectives for the precinct encourage higher density residential development that takes advantage of the proximity to Monash University, shops and transport. 913 Dandenong Road, Malvern East falls within the same planning controls.

The properties are in the Residential Growth Zone Schedule 1. This zone provides for housing at increased densities in buildings up to and including four storeys or 13.5 metres.

The characteristics of the surrounding area are a mixture of uses in the area including single dwelling and multi-unit residential development, commercial premises and offices.

Since Council’s refusal of the previous planning scheme amendment request by the owners of 909 and 911 Dandenong Road in 2012 (Amendment C166), the introduction of the Residential Growth Zone to all three properties has reinforced that the area is suitable for medium to higher density development.

Council may now consider that a planning scheme amendment to remove the restrictive covenants is appropriate given a change to the planning zone has occurred. Should this be the case, it would enable the development of these sites in a manner which is consistent with the strategic context and characteristics of the area. Prior to exhibition, the applicants would need to provide details of all beneficiaries to the restrictive covenant to Council. Once the amendment is exhibited, owners of neighbouring properties and all beneficiaries would have an opportunity to make a submission regarding the amendment. Any submitter would have the opportunity to be heard at a Panel hearing should their submission be unable to be resolved.

Whilst there may be some planning merit to removing the covenant in this instance, covenants are historical legal agreements between the landowner and beneficiaries and it has previously been Council’s position not to intervene in such legal matters.

POLICY IMPLICATIONS

Removal of the restrictive covenants for both properties would be consistent with the policy direction in the Stonnington Planning Scheme, in particular, Design and Development


Overlay - Precinct 3 and the Residential Growth Zone. However given that covenants are property rights that can be addressed through avenues such as the Supreme Court, Council’s position has been to not intervene in such matters. FINANCIAL AND RESOURCES IMPLICATIONS

Should Council consider it appropriate to remove the covenants as they apply to 909, 911 and 913 Dandenong Road by planning scheme amendment, the amendment itself will have little impact on the administrative costs of the Council. It is envisaged that the applicants would cover the standard amendment costs including preparation of the amendment and notification.

LEGAL ADVICE & IMPLICATIONS

Legal advice was sought regarding the consideration of restrictive covenants during the preparation of Amendment C187 and the application of the new residential zones. As stated earlier in this report, since Council is not a party to restrictive covenants and the covenants continue to apply regardless of the application of a new zone, the location of restrictive covenants was not considered during the preparation of Amendment C187.

CONCLUSION

Restrictive covenants are included on the titles for these properties which limits, in the case of 909 and 911 Dandenong Road, development to a detached house. Development of 913 Dandenong Road is limited to one detached or two semi detached houses. Both covenants limit the use of any dwelling and specify a minimum construction cost. These restrictive covenants limit development of these sites in a manner contrary to the strategic direction contained within the State and Local Planning Policy Frameworks.

The owners of each of affected the properties are requesting that Council consider seeking authorisation from the Minister for Planning to prepare a planning scheme amendment to remove the restrictive covenant as it applies to their properties. If the request was supported, neighbouring properties and other beneficiaries would have an opportunity to make a submission on the removal of the covenants during the normal amendment process.

Given the restrictive covenants are a legal matter between the land owner and beneficiaries, it has previously been Council’s position that it is not appropriate to intervene. The remaining options open to the applicants would be to apply again for a planning permit or to the Supreme Court.

HUMAN RIGHTS CONSIDERATION

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

ATTACHMENTS

1. Attachment 1 - Properties at 909, 911 and 913 Dandenong Road Excluded

2. Attachment 2 - Design and Development Overlay Schedule 5 Excluded

RECOMMENDATION

That Council: 1. Does not endorse the requests to prepare a planning scheme amendment to

remove the restrictive covenants at 909, 911 and 913 Dandenong Road, Malvern East.

2. Advise the owners of 909, 911 and 913 Dandenong Road, Malvern East of Council’s decision.


6. PLANNING SCHEME AMENDMENT C189 - PERMANENT HERITAGE PROTECTION

TOORAK HOUSE PRECINCT

Manager City Strategy: Susan Price General Manager Sustainable Future: Karen Watson

PURPOSE

The purpose of this report is for Council to consider the twelve (12) submissions received on Amendment C189 following exhibition and decide whether to request the Minister for Planning to appoint an Independent Panel to consider the submissions and the amendment.

This report was deferred one meeting cycle, from the Council meeting on 13 October 2014, to allow the North Ward Councillors to conduct an inspection with officers. A site visit was held with Officers and the North Ward Councillors on 20 October 2014.

Additional information has been added to this report on the progress of the Interwar Houses Study.

BACKGROUND

Heritage Strategy

Council adopted a Heritage Strategy Action Plan in December 2006. The Action Plan followed the preparation of Council’s Thematic Environmental History 2006 (adopted 2006 with Update 1 prepared in 2009). It was designed to provide Council with a sound framework for a comprehensive and coordinated review of existing heritage places and the assessment of new places.

Council’s Heritage Strategy addresses the issue of buildings not currently under the Heritage Overlay which warrant heritage protection.

Council adopted a Final Precinct Gap Study in March 2009 which provided the basis for new precincts in the Heritage Overlay. The introduction of the new heritage precincts that were identified in the Study are now considered to be complete.

Whilst the Toorak House Precinct was not identified in the Gap Study, it has since been identified as significant and has been pursued for inclusion in a Heritage Precinct via Amendment C189. The current stage of Council's Heritage Strategy addresses the issue of individual buildings not currently under the Heritage Overlay (HO). Council intends to ultimately seek heritage controls for all A1 graded buildings in the Municipality and those A2 graded buildings meeting or exceeding the threshold of local significance.

At its meeting in April 2012, Council resolved to prioritise the theme ‘Interwar houses’. Initial stages of the Interwar Houses Study have now been completed and The detailed citations are currently being prepared based on recommendations from the earlier stages and a report to Council to consider preparing an Amendment to apply the heritage overlay to these is scheduled for early 2015.

It is noted that three properties, which are proposed for inclusion in the Toorak House Precinct, have been identified as potentially worthy of an individual Heritage Overlay as part of the initial stages of the Interwar Houses Study with a potential A1 or A2 grading.

Context

A request under Section 29A of the Building Act 1993 for Report and Consent on Proposed Demolition for 16 St Georges Road, Toorak was received by Council on 18 November 2013.


Council’s heritage advisor provided preliminary advice in regards to the Edwardian villa at 16 St Georges Road, Toorak. He considered that the villa may warrant heritage protection and that further investigation was warranted as the place was previously identified as an A1 graded building in the Prahran Character and Conservation Study 1992.

A request was made to the Minister for Planning to prepare an amendment (C188) to the Stonnington Planning Scheme. The amendment proposed interim heritage protection for the place at 16 St Georges Road, Toorak. Under Section 29B of the Building Act 1993, Council suspended the demolition application.

Officers engaged heritage consultant, Nigel Lewis, to undertake a detailed heritage investigation of the place at 16 St Georges Road, Toorak. The heritage consultant advised that the place at 16 St Georges Road, Toorak is locally significant in the context of a wider precinct, described as the Toorak House Precinct. Officers subsequently commissioned Nigel Lewis Pty Ltd to prepare a heritage citation for the Toorak House Precinct.

The area which comprises the Toorak House Precinct once formed part of the grounds of Toorak House at 21 St Georges Road Toorak. The Citation includes 19 properties which are predominantly graded either A2 or B. The precinct also includes the footpaths and nature strips adjacent to these properties to capture the street trees in the Heritage Overlay.

The heritage citation states that:

This precinct is of historic and architectural significance to the Toorak area, and for Melbourne more generally, forming a collection of significant architect designed quality housing that ranges over Melbourne’s domestic architectural evolution to the 1960s.

At its meeting on 24 March 2014, Council endorsed Amendment C188 to the Stonnington Planning Scheme to provide interim heritage protection for 16 St Georges Road, Toorak.

Council also resolved to apply to the Minister for Planning to obtain authorisation to prepare Amendment C189 to the Stonnington Planning Scheme to apply permanent heritage protection to the Toorak House Precinct.

On 6 June 2014, Council was advised that the Minister for Planning had refused to provide interim heritage controls for the place at 16 St Georges Road, Toorak (via Amendment C188). On 3 April 2014, Council issued the Section 29B response to the Registered Building Surveyor. This response advised that the request had been refused and consent to the proposed demolition granted. The place at 16 St Georges Road, Toorak has not yet been demolished but may be demolished at any time.

Exhibition

In accordance with section 8A (7) of the Planning Environment Act 1987, Council was advised on the 2 May 2014, by the Department of Transport, Planning and Local Infrastructure (DTPLI) that Council may prepare Amendment C189 'without authorisation’. Amendment C189 was placed on public exhibition between 12 June 2014 and 24 July 2014 for a period of 6 weeks. Notification and exhibition of the amendment was carried out via a number of measures including:

Letters sent to the owners and occupiers of properties within the proposed Toorak House Precinct and to Prescribed Ministers.

Public notice in the Stonnington Leader on 10 June 2014 and Government Gazette on 12 June 2014.

Public viewing file at Prahran Town Hall.

Full amendment documentation on DTPLI website and Stonnington website.


DISCUSSION

As a result of exhibition, twelve (12) submissions were received (refer to Attachment 1 for map showing location of submitters). All submissions objected to the amendment. In summary:

Eight (8) submissions attached a memorandum prepared by heritage consultants, Lovell Chen Pty Ltd, dated 21 July 2014 to support their submission. These are Submissions 1, 2, 3, 8, 9, 10, 11 & 12.

Two (2) submissions referenced either some or all of the issues raised in the Lovell Chen memorandum. These are Submissions 4 & 6.

Submission 7 attached a detailed Heritage Assessment by Lovell Chen dated July 2014 to support the submission. It provides comments and recommendations that further expand on the issues addressed in the memorandum.

Submission 5 raised a number of issues separate to the Lovell Chen memorandum.

Council’s heritage consultant (Nigel Lewis) has considered the written submissions, including the Lovell Chen memorandum and heritage assessment and has provided responses to heritage issues raised.

A summary of the submissions and officer response to the issues raised is in Attachment 2. Summary of main issues raised in submissions

The submissions all opposed the Toorak House Precinct being included in the heritage Overlay. The issues raised in the submissions are all heritage related and as such, officers have relied on advice from Council’s heritage consultant in responding to the issues raised in the submissions.

The main issues raised in the memorandum by the heritage consultants, Lovell Chen have been categorised into the following themes:

General Objections

Heritage Citation

Trees

Heritage Gradings

General Objections:

The memorandum states that the Toorak House Precinct has little relationship with the numerous subdivisions of the Toorak House estate, the built fabric does not have a common developmental history and the existing built form is too disparate in terms of its date of construction, style and form.

Officers Response:

Council’s heritage consultant notes that the Toorak House Precinct area and adjoining and nearby Heritage Overlays covers the immediate curtilage of Toorak House which contained important sections of the formal and produce gardens.

Council’s heritage consultant notes the properties within the precinct do have a common development history, in particular the houses built on the subdivisions dating between 1900 and the late 1950s. The Toorak House precinct expresses the historic theme of the subdivision of great mansion estates in Stonnington after the turn of the century and particularly after the First World War.

Council’s heritage consultant notes that the built form of the Toorak House precinct is not disparate in terms of its date, style and form. The Toorak House precinct is historically and


architecturally significant for the high quality interwar and related post-war housing styles and the generous subdivision pattern as noted in the citation. Council’s heritage consultant cites that the places have the common theme of prestige residential development.

No changes are proposed.

Heritage Citation:

The main issues/points raised in the memorandum relate to the content, consistency, accuracy of the heritage citation. An issue raised was that the HERCON Criteria was used in the assessment of significance, however the assessment of significance is not provided. The memorandum cites that the HERCON Criteria employed is not consistent with current practice note (Practice Note 01: Applying the Heritage Overlay, revised September 2012).

Officer Response:

The citation has been prepared in accordance with Practice Note 01: Applying the Heritage Overlay, revised September 2012, which includes the HERCON criteria. The HERCON criteria is a recognised heritage criteria used for the assessment of the heritage values of the heritage place and is used for all new Council heritage assessment work. The citation has also been informed by recommendations of previous Council studies, documentary evidence and where possible original plans.

Section 4.0 of the citation provides analysis and comparative analysis, and Section 5.0 of the citation under ‘why is it significant?’ provides the assessments under the HERCON criteria.


Trees:

The memorandum cites that specific trees located in the street or within the front gardens of properties are identified as significant, however tree controls are not proposed to apply within the proposed heritage precinct.

Officers Response:

The Precinct captures trees of particular cultural significance as described in the heritage citation. The inclusion of the street trees in the Heritage Overlay provides recognition that the trees are significant and form an integral part of the precinct.

Tree controls are not proposed to be applied in the Schedule to the Heritage Overlay. It is noted that Heritage Overlay precincts in Stonnington, which capture street trees, generally do not apply tree controls. All street trees within Stonnington are subject to the City of Stonnington Street Tree Strategy September 2005 and Street Tree Policy.

Significant trees on private property are also subject to the City of Stonington’s General Local Law 2008 (No 1), adopted by Council on 21 July 2008.


Heritage Gradings:

The memorandum states that the alphabetic grading (A1, A2, B and C) and levels of significance provided for each building in the heritage citation are in conflict with the division of significance and contributory buildings provided in the local heritage policy. The memorandum also notes that the properties in the precinct have been re-graded from the Prahran Character and Conservation Study 1992 and no explanation is given in the citation.

Officers Response:

In relation to the gradings and their definition, recent Panels (prior to March 2012) on heritage precincts have recommended a review of the grading definitions in Council’s current Heritage Policy and Guidelines. Council adopted revised grading definitions in April 2012.


These will form part of a proposed new Heritage Policy and set of Guidelines which is listed on the current strategic planning work program.

It should be noted that the revised definitions are policy neutral and do not change the meanings of the gradings or the level of significance of places.

Council’s Heritage Consultant has used the revised gradings in the heritage assessment of this property.

In relation to the gradings being re-graded, Council’s heritage consultant has advised that the gradings for properties in the Prahran Character and Conservation Study 1992 did not possess the detailed information that has been used to support the assessment of significance for these properties.


Proposed Changes to Exhibited Amendment

It is recommended that Council make the following changes to the Amendment as its position at Panel:

A change is recommended to the boundary of the Heritage Overlay. Submission 5 and the Heritage Assessment prepared by Lovell Chen (attached to Submission 7) object to the inclusion of the property at 29-31 St Georges Road, Toorak in the Heritage Overlay. This property has only been included in the Heritage Overlay due to its front fence, which is proposed B graded. Council’s heritage consultant has advised that the property is not of heritage significance. As such, it is recommended that a change be made to exclude the property from the Heritage Overlay and include only the fence in the Heritage Overlay boundary. A subsequent change to the citation is then required to identify the fence in the Heritage Overlay boundary but not the property. This approach has been discussed with Heritage Victoria.

A change is recommended to the citation to delete the gradings associated for streetscapes. This is in response to concerns raised in the Memorandum which notes that including alphabetic gradings for streetscapes is not a common approach for the City of Stonnington.

Next Steps

Council must forward the submissions and the amendment to a Panel, if it is not prepared to vary the Amendment to address the issues that were raised in the submission and it intends to continue with the amendment process.

Council needs to make a formal request to the Minister for Planning to appoint a Panel, after which Planning Panels Victoria will confirm the hearing dates.

In accordance with Ministerial Direction No. 15, Council must request the appointment of a Panel under Part 8 of the Act within 40 business days of the closing date of submissions (by 18 September 2014) unless an extension of time is sought by Council. An exemption from this direction has been sought and granted (received 10 September 2014).

Pre-set panel dates for a directions hearing and Panel hearing were arranged prior to exhibition however Council officers have advised Planning Panels Victoria that these dates cannot be met and that alternative dates are required. The following hearing dates have been tentatively set:

Directions Hearing, week of: 3 November 2014

Panel Hearing, week of: 8 December 2014

On receipt of the Panel report, a report will be brought to Council to consider the Panel's recommendations.


POLICY IMPLICATIONS

The proposed Amendment C189 is consistent with the following Council Plan (2013-2017) strategy:

‘Preserve Stonington’s heritage architecture and balance its existing character with complementary and sustainable development.

It is also consistent with Council’s Municipal Strategic Statement Clause 21.06 of the Stonnington Planning Scheme which seeks to:

‘protect and enhance all places which are significant and contributory to the heritage values of the City of Stonnington.'

FINANCIAL AND RESOURCES IMPLICATIONS

Cost for the protection of heritage places within the municipality has been included in the budget of Council's Strategic Planning Unit for 2014/2015.

Amendment C189 timeline:

May 2014 June/July 2014 December 2014 Feb 2015 April 2015

Authorisation Exhibition Panel Adoption Approval

It should be noted that Council has received a detailed heritage assessment from Lovell Chen that raises substantial issues with the amendment and the significance of the precinct. As such, Council will require expert evidence at a Panel Hearing from its heritage consultant to justify the heritage significance of the Toorak House Precinct. Council will also require an advocate. LEGAL ADVICE & IMPLICATIONS

All affected parties have been given the opportunity to make submissions on Amendment C189 and will be able to be heard by an independent Planning Panel, if Council requests that the Minister appoint a Panel.

CONCLUSION

Amendment C189 proposes to apply heritage protection to nineteen (19) properties in the City of Stonnington. Exhibition of Amendment C189 has been completed. Twelve (12) submissions were received. The submissions object to the amendment. Council’s heritage consultant has provided detailed responses to submissions.

Council must formally request that the Minister for Planning appoint a Panel to consider the submissions and the amendment if it wishes to proceed with the Amendment.

Council’s position to the Panel will be based on the response to the submissions in this report and Attachment 2 that Council support heritage controls for the Precinct. HUMAN RIGHTS CONSIDERATION


ATTACHMENTS

1. ATTACHMENT 1 of 2 - Location of Submitters Excluded

2. ATTACHMENT 2 of 2 - Summary Response to Submissions Excluded


RECOMMENDATION

That Council:

1. Requests the Minister for Planning appoint a Panel pursuant to Section 23 of the Planning and Environment Act 1987 to hear all submissions and consider the proposed Amendment C189 Toorak House Precinct Heritage Overlay to the Stonnington Planning Scheme.

2. In its submission to the Panel hearing, adopts a position in support of Amendment C189 Toorak House Precinct Heritage Overlay, generally in accordance with the officer's response to the submissions as contained in this report and Attachment 2.

3. Advises the submitters to proposed Amendment C189 Toorak House Precinct Heritage Overlay of Council’s decision.

4. Refers the submissions and any late submissions to the Panel appointed to consider proposed Amendment C189.


7. ART ACQUISITIONS POLICY - UPDATED

Manager Economic & Cultural Development: Francesca Valmorbida General Manager Sustainable Future: Karen Watson

PURPOSE

The purpose of this report is to present a revised Art Acquisitions Policy to better meet arts industry best practice standards.

BACKGROUND

This report was considered at the Council Meeting held on Monday October 13, 2014 and it was requested to be deferred for one cycle.

The Art Acquisitions Policy was drafted and adopted by Council in 2007 with the aim to develop a Contemporary Art Collection for the City of Stonnington. The Art Acquisitions Policy provides the framework for the art Council acquires and the guiding criteria. This Policy was complemented by the appointment of the Art Acquisition Panel in 2009 which has successfully guided the acquisition of two-dimensional and three-dimensional works of contemporary art for the Stonnington Art Collection. It has not been updated since.

Proposed Arts Acquisitions Policy 2014 version is attached. These documents have been provided to the Economic Development Arts and Tourism Advisory Committee.

DISCUSSION

Seven years have passed since the Art Acquisitions Policy was initiated and adopted. The proposed version keeps much of the original content, while revising elements to maintain the standards exemplified by arts industry best practice.

The proposed amendments develop a transparent structure, by introducing a Vision and Rationale, and proposing a more robust framework and criteria by which to acquire artwork through donation or purchase.

An amendment of note is the removal of the section about deaccessioning. Deaccessioning concerns the permanent and ethical removal of an object from a collection by sale, return to the artist, disposal or other action. The current terms for deaccession are very basic and require further development as a separate Policy.

POLICY IMPLICATIONS

The Arts Acquisitions Policy provides framework and criteria for the purchase and acquisition of art, which works in tandem with the Art in the Public Domain Policy that deals specifically with commissions. Both Policies along with the City of Stonnington Art Collection contribute to the realisation of the Strategic Vision of the Arts and Cultural Strategy 2011-2015 which aims for Stonnington to be recognised as a City where ‘arts and culture continues to be valued and promoted’ and ‘arts and culture surprises, delights and engages the community and beyond’.

The Policy further delivers on the Liveability pillar of the Council Plan 2013-2017 where it meets the Strategy to ‘develop public spaces (interior as well and open spaces) for the community to gather, connect and enjoy’.



A budget of $80,000 per year is currently allocated to the acquisition of art for the Collection.

There is no financial implication concerning the updating of this Policy.

CONCLUSION

The 2014 version of this Policy presents an expanded and more robust model that aligns with contemporary Council identity, goals and ethical values, while meeting arts industry best practice benchmarks.



ATTACHMENTS

1. ART ACQUISITION DRAFT POLICY Excluded

RECOMMENDATION

That Council adopts the 2014 version of the Art Acquisitions Policy.


8. ARTS AND CULTURAL SPONSORSHIPS 2014/15 AMENDMENT


PURPOSE

The purpose of this report is for Council to consider six additional projects and programs to be funded through Council’s Arts and Cultural Sponsorship program for the remainder of the 2014/15 financial year.

BACKGROUND

Council’s support of arts and cultural activities, particularly festivals and events, is an investment into the community’s wellbeing.

The Arts and Cultural Sponsorship program reflects the strategic vision of the Arts and Cultural Strategy:

Arts and Culture continues to be valued and promoted;

Arts and Culture surprises, delights and engages the community and beyond;

Creative talents are encouraged and supported through sustainable links and partnerships.

The Arts and Cultural Sponsorship Guidelines are based upon Council’s Arts and Cultural Strategy key themes:

Leadership and Advocacy;

Creative Communities;

Creative Spaces and

Sharing the Creative City.

All the above play an important role in community building.

The following criteria were also used in assessing the applications:

Capacity to successfully deliver the project;

Successful partnership with a Stonnington based organisation;

Funding programs that compliment genres that are not currently catered for by Council;

Support of emerging artists;

Likelihood of the project proceeding without Council support;

Contribution to the development of local youth; and

Overall benefit to the community.


Due to administrative errors two applications were not originally considered being Scope (African Drumming Workshops) and Villa O’Neill Residential Aged Care. Recently, late applications were submitted by the Melbourne High School Foundation (The Blake Touring Exhibition 2015), Ricky Beirao (What a Drag exhibition), Lloyd Street Primary School (RACV Energy Breakthrough Challenge), Peter Fitzpatrick (Crossroads). Council will consider a separate report on the sponsorship of the Toorak Village Sculpture Exhibition.

DISCUSSION

On July 7, Council provided funding to twenty-eight organisations through the Arts and Cultural Sponsorship program. Due to the cancellation of two projects, a small balance is available leaving a total of $11,551 for additional support.

The new submissions to be considered are:

Peter Fitzpatrick, to produce a new musical titled Crossroads (Chapel off Chapel);

Melbourne High School Foundation to host the Blake Prize Touring Exhibition;

Scope, to conduct African Drumming Workshops for clients (Malvern Community Arts Centre);

Villa O’Neill Residential Aged Care to facilitate Music Therapy sessions for its residents (Please note Ruth Parker received a $3,000 grant from Community Grant this year);

Ricky Beirao for the What a Drag Exhibition (Chapel off Chapel gallery);

Lloyd Street Primary School participation in the 2014 RACV Energy Breakthrough Challenge program.

The total of the requests totals $64,262, (cash and in-kind). It is recommended that Council funds $4,702 in requests. Detailed listings of the applications are attached.

POLICY IMPLICATIONS

The Arts and Cultural Sponsorship program sits within the strategic objectives of Community and Liveability of the Council Plan. The program is aligned with Council’s strategy to recognise and enhance Stonnington’s diverse culture and indigenous heritage through programs and evens which support the arts, traditions and heritage.

The Arts and Cultural Sponsorship program reflects the strategic visions of the Arts and Cultural Strategy:

Arts and Culture to be valued and promoted;

Arts and Culture surprises, delights and engages the community, and beyond;

Creative talents are encouraged and supported through sustainable links and partnerships.

The Arts and Cultural Sponsorships and Guidelines are based upon Council’s Arts and Cultural Strategy’s four key themes:

Leadership and Advocacy;

Creative Communities

Creative Spaces and

Sharing the Creative City.



The recommendations contained within this paper fall within the total 2014/15 budgeted amount for Arts and Cultural Sponsorships of $325,000. Due to a small residual and the cancellation of two programs there is currently $11,551 available from the Arts and Cultural Sponsorship budget.

If recommendations of this document are accepted there will still be a residual of $6,849 available. The available balance does not include any potential funding of the Toorak Village Sculpture Exhibition.

CONCLUSION

The recommendations are in line with the Arts and Cultural Sponsorships Guidelines and the Arts and Cultural Strategy



ATTACHMENTS

1. Arts and Cultural Sponsorships Late Applications Excluded

RECOMMENDATION

That Council adopts the recommended additional Annual Arts and Cultural Sponsorships totalling $4,702 for the 2014/15 Financial Year as detailed in the attached document.


9. TOORAK VILLAGE SCULPTURE EXHIBITION PROPOSAL


PURPOSE

The purpose of this report is for Council to consider a sustainable model for the delivery of the Toorak Village Sculpture Exhibition and to consider providing sponsorship of the event from Council’s Art and Cultural Sponsorship Program.

BACKGROUND

On August 4, Council resolved that Council Officers develop an alternative model for the management of the Toorak Village Sculpture Exhibition and report back to Council with a proposed sustainable model to ensure its future.

Several areas of concern were raised in the August paper, these included:

Safety issues relating to permanent installation of artworks in the public footpath without engineered footings.

The absence of rigorous assessment of the sculptures already purchased and installed by the Toorak Village Traders Association as would occur for any other art acquisitions (purchased, commissioned or donated) placed in the public domain.

The current strategy to continue to acquire sculptures and install them in Toorak Road, Toorak Village following each exhibition is unsustainable.

Despite receiving triennial funding through the Arts and Cultural Sponsorship program:

Councillors were not invited to the opening event until Council Officers followed up;

The Mayor was not invited to open the festival;

Failure to meet logo exposure and acknowledgement as per agreement; and

City of Stonnington contribution was not recognised appropriately in marketing collateral.

TVTA initially received Council funds for the Sculpture Exhibition in 2001/2002 financial year for $25,000 seeding funding for the May 2002 Exhibition. They have subsequently been awarded four Triennial Grants concluding on 30 June 2014 of over $200,000.

From the second triennial agreement in 2005/06, Council began decreasing the funding amount from $20,000 to $17,500 to $15,000 as TVTA were encouraged to seek additional and alternate funding.

This continues in the 2006/09 agreement when as a recipient of Council’s Arts and Cultural Sponsorship funds the next triennial agreement for $12,500 built to $13,500 over three years. In 2011/12 financial year this became $20,000 annually. An additional $10,000 was granted for this festival in 2011/12 as a special one-off payment in celebration of the tenth anniversary of the event.


DISCUSSION

To determine a sustainable business model for the Toorak Village Sculpture Exhibition, initial meetings were conducted with TVTA. Subsequently the proposed model has been developed by Council Officers and further discussed with TVTA.

The existing model was developed by the TVTA as a precinct activation and to contribute to the Precinct’s cultural branding and to attract new and diverse audiences to the area.

For your reference, please see attached information regarding Council administrated art prizes which have gained industry recognition, some of which are acquisitive. Successful Council Art Exhibitions and Prizes are as follows:

Woollahra Small Sculpture Prize (NSW) - $13,000 (total prize money)

Mosman Art Prize (NSW) - $30,000

Fleurieu Art Prize (TAS) - $67,500

Stanthorpe Art Festival (QLD) - $20,000

Darebin Art Show (VIC) - $10,000

Blacktown City Art Prize (NSW) - $24,000

Paddington Art Prize (NSW) - $20,000

Manning Art Prize (WA) - $13,000

City of Hobart Art Prize (TAS) - $31,500

Wagga Wagga National Art Prize (NSW) - $10,000

Clarence Valley Indigenous Art Award (NSW) - $6,000

Gold Coast Art Prize (QLD) - $5,000

Tatiara Art Prize (SA) - $12,500

Moreton Bay Region Art Awards (QLD) - $9,500

Shoalhaven Contemporary Art Prize (NSW) - $5,550

Recommended Actions

To ensure public safety and clear the footpath:

That four of the five existing sculptures be relocated to sites throughout Toorak Village (see map, attachment 2 of 2), subject to the approval of those sites by the Council and the TVTA;

For continued safety of the public, engineered footings must be installed beneath the footpath to secure each sculpture. The relocation of these sculptures will free up space on the Toorak Road footpath and ensure sculptures will be installed with footings to structural engineering standards;

Should the Hare sculpture remain in its current location, it will also require engineered footings;

Future installations to exhibit sculptures in Toorak Road, can be arranged on additional locations that are identified by Council, with footings approved by Council.

The cost of all footings for future sculptures is to be paid for by the TVTA, however Council is able to contribute to the cost of the installation of footings for the five existing sculptures.


Acquisitions for permanent installation within the public realm are to be assessed by City of Stonnington’s Art Acquisitions Panel.

To ensure the exhibition enjoys maximum visibility on Toorak Road, relocation existing sculptures is required. This will provide clear presentation spaces in Toorak Road footpaths for a small selection of sculptures during future exhibitions.

The exhibition is to be funded from the TVTA Special Rate, with Council funding commensurate with support for other cultural events. Council support will include marketing and promotions support through all Council platforms including the In Stonnington magazine, facebook and instagram.

The new exhibition model will continue to offer the community a public platform for amateur and established sculptors.

It is also recommended that independent market research be conducted and presented along with the Precinct’s annual Business Action Plan. POLICY IMPLICATIONS

Council Plan

The Arts and Cultural Sponsorship program, though which the Toorak Village Sculpture Festival has previously been awarded triennial funding, sits within the Council Plan strategic objectives of Community and Liveability. The program is aligned with Council’s strategy to recognise and enhance Stonnington’s diverse cultural and indigenous heritage through funding organisations and events which support the arts, culture and heritage. The Toorak Village Sculpture Exhibition also falls within the strategic objective of Prosperity within the Council Plan.

The Arts and Cultural Sponsorship program

The Arts and Cultural Sponsorship program reflects the strategic visions of the Arts and Cultural Strategy:

Arts and Culture to be valued and promoted;

Arts and Culture surprises, delights and engages the community and beyond;

Creative talents are encouraged and supported through the sustainable links and partnerships.


There remains a balance of $6,849 in the Arts and Cultural Sponsorships program. It is recommended that Council fund $10,000 towards the Toorak Village Sculpture Exhibition for 2014/15. This would be a minor over expenditure of the Arts and Cultural Sponsorship budget for the year.


There are five sculptures currently installed in the Toorak Road footpath, each is attached to the pavers but not footings. Under the Road Management Act (2004) and Road Management Plan (2013 revision), Council is the responsible road authority for all the footpaths and their operation within the municipality.

As the responsible road authority, Council has a statutory duty to inspect, maintain and repair public roads, which include the roadway, pathway, shoulder and any road infrastructure.


Council may determine the circumstances in which intervention action is required and the type of intervention action to be taken to conduct repairs, erect warning signs or reduce or remove a risk.

The body installing the structure is required to obtain a permit and approval prior to undertaking works.

Although the TVTA would be liable for claims associated with the installation of the sculptures, it is likely Council would be joined in any action as they are installed in the public realm. All sculptures are required to be attached to footings installed below the ground and appropriate fixtures designed for each piece. All are to be certified by a qualified and independent engineer and that the cost of the engineer’s services is the responsibility of TVTA.

CONCLUSION

The Toorak Village Sculpture Exhibition is a valuable community event, which anecdotally provides an increased focus on Toorak Village during a traditionally slower time of year for retailers.

Officers from across Council have raised concerns around safety aspects and the sustainability of the exhibition based on the current model. Several of the exhibition’s modes of current operation are outside Council’s own policies relating to Art Acquisitions and Art in the Public Domain.

To ensure that the exhibition continues to develop and is well positioned to attract additional funding from other sources (government, state and federal, corporate and philanthropic) several areas need to be addressed, and the new sustainable exhibition model adopted.



ATTACHMENTS

1. Art Prizes Attachment Excluded

2. Toorak Village Sculpture Map Excluded

RECOMMENDATION

That Council supports the funding of $10,000 towards the Toorak Village Sculpture Exhibition 2014/ 15, based on agreement of all parties to the recommended actions outlined in this report and the standard terms of the Arts and Cultural Sponsorship agreement.


10. DUNLOP PAVILION REDEVELOPMENT

Manager Leisure & Libraries: Tony Oulton General Manager Social Development: Connie Gibbons

PURPOSE

To provide Council with an overview of the proposed redevelopment of Dunlop Pavilion including the preferred option for the scope of the facility design, respective cost estimates, and proposed project timelines and in-principle agreement reached regarding club contribution and future facility use.

BACKGROUND

Council’s Pavilion Redevelopment Strategy (2009) provides a strategic framework to improve Council’s 16 sporting pavilions and aims to provide sporting infrastructure that acts as community activity hubs and provide recreation opportunities for the wider community. Dunlop Pavilion in Darling Park, Malvern East is the next sporting pavilion to be redeveloped.

The pavilion directly overlooks DW Lucas Oval and services the needs of:

East Malvern Tooronga Cricket Club - 8 senior men’s teams, 9 junior boys (U11-U17), 1 junior girls (U16), T20 Blast (7-10yo), In2Cricket (5-8yo)

East Malvern Junior Football Club – 27 junior boys teams and 3 junior girls teams

East Malvern Football Club – 2 senior men’s teams

Malvern District Auskick – 525 participants, including 50 girls

Council leases Dunlop Pavilion to the Malvern Sports and Recreational Social Club,

Dunlop Pavilion was constructed in 1990 at an approximate cost of $820,000. The Malvern Sports and Recreational Social Club (comprising representatives of East Malvern Football Club, East Malvern Tooronga Cricket Club and East Malvern Junior Football Club) contributed $252,000 toward the cost of construction incorporating a $135,000 loan from Council, which was repaid.

In return for this significant contribution, the Malvern Sports and Recreational Social Club received a 13-year lease of the facility which granted them exclusive use of the first floor social rooms, excluding Wednesday evenings. The lease for the first floor of the building remains in an overholding capacity and will be addressed as part of the redevelopment and future management arrangements.

Existing condition drawings and images are included as attachment 1 to this report.

DISCUSSION

Facility Design

Concept design for the redevelopment of the facility was initially completed in accordance with the general building specifications and dimensions outlined in the Pavilion Redevelopment Strategy for a multi-purpose community facility. This design included refurbishment and expansion of the ground floor change rooms, a new ground floor kiosk and minor refurbishment of the first floor toilets.

Although the existing social room area already exceeds the dimensions recommended in the Pavilion Redevelopment Strategy for a multi-purpose facility, discussions with representatives from the East Malvern Football Club and East Malvern Junior Football Club


identified a strong desire to expand the social facilities within the building. In accordance with the Pavilion Redevelopment Strategy, Clubs have the opportunity to contribute to the expansion of the facility beyond that specified. The two football clubs advocated for the expansion of the first floor social area.

In response to these discussions, Officers prepared three options for the building scope which were presented to Councillors at a briefing held Monday 30 June 2014. On the basis of that discussion, Option 3 was pursued and includes the expanded social facilities. Key features of the redevelopment will include:

refurbishment and expansion of the ground floor, including a new kiosk, umpires’ change rooms, four change rooms and public toilets; and,

Full refurbishment of the first floor including construction of additional indoor social space and toilets.

A copy of the concept design for this Option is included as Attachment 2.

This option is estimated to cost approximately $3.1 million excluding escalation and contingencies.

Club Contribution and Facility Use

Officers met with representatives of the tenant clubs on 1 May 2014 to discuss the options and to seek the clubs’ views.

As a result of that discussion and further collaboration between the clubs, Council received written confirmation on 15 May 2014, co-signed by all tenant clubs, confirming their preference for Option 3 along with a commitment to contribute $450,000 to the project. See Attachment 3.

External Funding Support

Council Officers applied for $580,000 in funding for the project from Sport and Recreation Victoria’s Community Facility Funding Program - Major Facilities category. An announcement on the level of funding from this program is anticipated to be made shortly.

Officers have advised the clubs that any contribution received from the State or Federal Government would not be considered as the club’s contribution, but would be used to offset the significant contribution of ratepayers’ funds that the Council is providing for the redevelopment.

There is currently no federal funding program available.

Project Timeframes

The following preliminary project timeline has been established for the project:

Detailed design completed Apr 2015

Invitation to tender May 2015

Award building contract Jul 2015

Commence construction Oct 2015

Complete construction Sept 2016


Lease

The lease with the Social Club for the facility has expired and is in overholding status.

The Malvern Sport and Recreational Social Club has recently reviewed its charter with a view to revising its membership and renewing its lease with Council. The old charter did not include reference to the junior football club and needed to be updated to reflect the changes that have occurred due to mergers between both cricket and football clubs.

Officers will need to review the new charter and be satisfied that it represents the interests of all users of the facility and has adequate operational capacity and procedures to manage the facility. If the Malvern Sport & Recreation Social Club were unable to achieve these requirements, then all clubs would be required to apply for seasonal allocation of the facility in accordance with standard Council practice for sporting pavilions. However, Officers understand that all current tenant clubs of the facility have accepted the revised charter and would like to proceed with the new lease agreement, so this situation is unlikely.

All ground floor facilities including the change rooms and the sports ground will be allocated in accordance with Council’s Seasonal Allocation Policy.

A Memorandum of Understanding with Council has been agreed to by the existing user groups to confirm these use and management arrangements for the redeveloped facility.

It is proposed that the new lease with the Malvern Sports and Recreational Social Club be for an initial period of 10 years with two 5 year options contingent upon the clubs represented by the Social Club continuing to field cricket and football teams as they do now. Council would retain the right to allocate the sportsground to a club that fields teams of a type not provided for by the existing tenant clubs and for such club(s) to have the option of utilising the first floor social room at times corresponding to their use of the ground on terms agreed to with Council.

POLICY IMPLICATIONS

The design is consistent with Council’s Pavilion Redevelopment Strategy 2009.


The estimated construction costs, including allowances for professional fees (10%), project management (5%) and temporary accommodation, but excluding any allowance for cost escalation and contingencies, are $3.1 Million.

Council’s capital budget for the redevelopment of Dunlop Pavilion includes:

- $81,300 for detailed design and documentation in 2014/15;

- $1 million for construction in 2014/15; and

- $1.5 million for construction in 2015/16;

for a total project budget of $2.58 million.

With the additional contribution from the tenant clubs of $450k and the potential receipt of a grant from the State Government of up to $580k, the maximum available funding without any further contribution from Council for the project will be in the order of $3.5 million.

Officers will clarify the budget amount for 2015/16 and 2016/17 having regard to the final design, final cost plan, cost escalation, timing of works and contingencies. The estimated costs are subject to change as the plans are developed, but it is recommended that the offer of a fixed $450,000 contribution from the clubs is accepted in order to give them certainty regarding their fund raising requirements.




CONCLUSION

The redevelopment of Dunlop Pavilion will create a valuable facility that will be well used by sporting clubs and the local community.

The existing Dunlop Pavilion is a heavily utilised community facility that already achieves seven day a week usage through summer and winter seasons. Due to the size and structure of the tenant clubs including the number of junior teams and affiliation to a locality rather than a school, facilities for social activities and fund-raising are highly valued by tenant clubs.

Officers support the need to expand the social area beyond that specified in the Pavilion Redevelopment Strategy. On this basis Officers recommend that Council endorses Option 3 as the preferred project scope and advises all clubs that they are required to contribute a total of $450,000 toward the cost of expanding the social room area, including an upfront payment of 25% and bank guarantee for 50% of their contribution, with the remaining 25% payable at completion and before occupancy.

It is also recommended that Officers negotiate a new licence agreement with the Malvern Sport & Recreation Social Club for the use of the social room area, in order to continue the good management of the facility that the Social Club has provided in the past.

ATTACHMENTS

1. Dunlop Pavilion Existing Conditions - Attachment 1 of 3 Excluded

2. Preferred Option - Dunlop Pavilion - Attachment 2 of 3 Excluded

3. The Malvern Sports and Recreational Social Club Inc. - Attachment 3 of 3 Excluded

RECOMMENDATION

That:

1. Council endorses the preferred project scope for the redevelopment of Dunlop Pavilion on the basis tenant clubs contribute $450,000 toward the cost of the expansion of the first floor social room.

2. Council offer a new lease agreement to the Malvern Sport & Recreation Social Club Inc for the use and management of the first floor social room of Dunlop Pavilion subject to Officers approving the charter of the Social Club as representing the interests of the tenant clubs.

3. The initial term of a new lease be 10 years with two 5 year options subject to the clubs represented by the Social Club continuing to field teams in an equivalent competition.

4. Council retains the right to allocate use of the first floor to Club(s) allocated use of the sportsground by teams of a type not provided for by the clubs represented by the social club.

5. The lease with the Malvern Sport & Recreational Social Club to commence upon occupancy of the redeveloped pavilion.


11. CHAPEL STREET MASTER PLAN IMPLEMENTATION - GREVILLE STREET, KING STREET

PRAHRAN TOWN HALL PRECINCT. UPDATE

Manager Public Spaces & Capital Works: Rick Kwasek General Manager, City Works: Simon Thomas

PURPOSE

To update Council on the consultation and design process for the Chapel Street Master Plan Implementation in relation to the Greville Street precinct which includes, King Street and the Prahran Town Hall.

BACKGROUND

The Greville Street Precinct is considered one of the key projects to be implemented as part of the Chapel Street Master Plan. Council endorsed the Master Plan for Chapel Street in August 2014. The Master Plan process was robust and comprehensive and is consistent with the Chapel reVision Structure Plan. The Chapel Street Master Plan was developed to help provide a strategic approach and guide future infrastructure development along Chapel Street.

The Greville Street precinct has an intrinsic character and is outlined in the Master Plan as being unique in nature and part of the four precincts or neighborhoods within Chapel Street which include Windsor, Prahran, South Yarra and Forest Hill. It is considered important that this character is maintained and enhanced without compromising urban qualities and commercial opportunities. It is intended for infrastructure improvements to reinforce this area as a vibrant, distinctive part of Melbourne for the enjoyment of local residents, surrounding community, visitors and commercial interest.

In addition to the consultation and design of the Greville Street Precinct a number of improvements are being proposed along Chapel Street in line with short term upgrades proposed in the master plan. These include the manufacture and installation of a “pod” adjacent to the Jam Factory which will be the subject of a further report to Council, and a kerb outstand or “Pause Point” in Oxford Street. The construction of Windsor Plaza Stage 2 in Maddock Street has also commenced and will be completed in November this year. A strategy for tree planting has been developed with a section on the West Side of Chapel Street, between Fitzgerald Street and Cliff Street being planted this year. Planting will correspond with optimal planting periods. Pavement upgrades are also proposed in key areas to respond to identified maintenance concerns. Along with the infrastructure improvements, a regime of street furniture upgrades will continue as a short term initiative

DISCUSSION

The Greville Street precinct has been defined as the area between Prahran Railway Station and Chapel Street including the forecourt to the Prahran Town Hall. Also included is King Street which helps to provide an east/west connection. Greville Street is already known as a key shopping and entertainment strip “off Chapel”. The scale of the street is more intimate and traffic is slower than Chapel Street. It provides an important connection for people arriving from Prahran Station to Chapel Street and the numerous commercial, cultural and civic facilities and attractions in the Prahran neighbourhood. Through a combination of infrastructure improvements and slowing traffic speeds, Greville Street can become more walk-able and pedestrian friendly. More foot traffic due to public amenity improvements will increase business activity. Increased vegetation will provide more shade and create a cooler and more comfortable environment to shop in.


A series of shared streets are proposed along the length of Chapel Street, mainly throughout the Prahran precinct. The streets identified have been chosen due to their connections to important features in the area and their general layout/scale. A number of streets have also been identified as possible closures. The improvements for the Greville Street Precinct, as set out in the Chapel Street Master Plan (see Attachment 1) will have a particular focus on:

Improving walk-ability and pedestrianisation of the area

Providing spaces that will promote activation for positive public uses, including congregation and events

Enhancing amenity, through landscaping, quality treatments, the creation of attractive places to rest

Promoting access to traders and retailers through activating shop frontages, including street dining opportunities

Reducing the potential for conflict between pedestrians, cyclists and vehicles

Creating a Increase landscape biodiversity and enhance the tree canopy

Enhancing connections and visual linkages, particularly between King Street and Greville Street

Incorporating opportunities for public art

Creating an urban plaza on Chapel Street

The schematic design is to be completed by the end of 2014, for design documentation to occur early in 2015 ready for tender for construction in May/June 2015. It is anticipated that construction on the first stage will commence in the 2015/16 financial year. Engagement The community was engaged and widely consulted on all aspects of the master plan over the first half of 2013. Approximately 8000 brochures were distributed to the Chapel Street precinct and surrounding areas. Community engagement also included street talk sessions and a stakeholder forum. Community responses and general feedback to the master plan were tremendously positive with over 200 people commenting over the course of the master plan development. The consultation and engagement process resulted in nearly 3000 individuals being interested in the website information with over 250 direct website and community comments. A specific engagement process is required for the Greville Street Precinct. It has been designed to engage with all key stakeholders. The objectives of the engagement for the Greville Street Precinct are to:

Gather information and opinion from all relevant stakeholders to inform the development of the design through consideration of mechanisms for achieving the objectives of the project and to consider design concepts as they are developed.

Gain input from stakeholders in the development of innovative design solutions to complex urban issues;

Gain input from a reasonable cross-section of the community in the immediate and surrounding areas, including residents of all ages and genders, visitors and businesses;

Specifically consider the needs of any potential under-represented stakeholders;

Ensure that peak bodies are consulted.


The engagement is based around three key stages of the project and will include a number of engagement methods including meetings, workshop, focus groups, pop-up discussions, postcard survey and an online forum. The three stages can be summarised as follows. Stage 1 – Background and exploring ideas (Mid November 2014); This stage aims to introduce the project, and to seek views around design solutions to the objectives for the area, including the concepts recommended in the Master Plan. Opportunities will be explored including street closures and shared street options. The first stage of the consultation also requires that infrastructure limitations be explored and feedback is sought from peak bodies including Vic Track and Victoria Police. Stage 2 – Testing and refining concepts (January/February 2015); Following the data and feedback collected in stage 1 concepts will be developed and taken back to the community for feedback. This stage will focus on functional issues and feedback will be sought on what is liked about the concept, what should be changed / improved and why, any foreseeable functional issues that the design may cause. Stage 3 – Final Concept and endorsement (March/April 2015); This phase of engagement seeks ultimate support for the Plan. Traffic and Parking A traffic analysis has been commissioned that takes into consideration traffic movements throughout the precinct including the Cato Street Area. A number of traffic scenarios will need to be considered in the development of the final design. The resulting design solution will provide for a space that maximizes opportunities for safe pedestrian movement and improved traffic management. Design Opportunities A number of opportunities have been identified in the Chapel Street Master Plan for the Greville Street Precinct and include shared streets, street closures, kerb outstands and greening (see Attachment 1). The overall intent is to achieve the following:

▪ improve pedestrian walk-ability and activity along streets; ▪ create activity and life throughout the side streets of Chapel Street; ▪ provide opportunities of discovery for shoppers; ▪ increase commercial activity through an increase in active frontages; ▪ improve safety at night through the introduction of lighting and open shop frontages; ▪ reduce traffic movement and visual clutter of parked cars along streets; ▪ increase bio-diversity through the connection of green corridors; ▪ increase interest and excitement of the area by providing opportunities for festivals and street activities; and ▪ provide spaces for community activities and allow local neighbourhood character to grow.

Chapel Street – Revitalisation Working Group

Council at its meeting of 2 June 2014 (Item N), having regard to the adoption of the annual budget resolved as follows;

That Councillors, Council Officers and the Chapel Street Precinct (Streets Ahead Promotions Inc.) work collaboratively during 2014/2015 to develop an agreed implementation plan for the Chapel Street Master Plan with an aim to potentially reduce the project timeframe from 7 to 5 years, with quarterly updates to be brought back to Council.


In accordance with the resolution, the Chapel Street Revitalisation Working Group has now been established. The Working Group held its first meeting on 1 October 2014, and a further meeting is scheduled for November 2014. The Working Group will be involved in the Greville Street Precinct project process. The Working Group will also review the Master Plan implementation program and provide advice to Council on priorities which may potentially impact on the preparation of future budgets.

POLICY IMPLICATIONS

The above proposal is consistent with the objectives of the Economic Development Strategy 2012, and the Council Plan 2013 – 2017 objectives for Prosperity.


The adopted budget incorporates the sum of $2m in 2014/15 for implementation of the Chapel St Master Plan.

Future capital requirements for implementation of the Master Plan will be considered in the light of the deliberations of the Chapel Street Revitalisation Working Group as outlined above.


Nil

CONCLUSION

The Greville Street Precinct is considered one of the key projects to be implemented as part of the Chapel Street Master Plan. The Greville Street precinct has been defined as the area between Prahran Railway Station and Chapel Street including the forecourt to the Prahran Town Hall. Also included is King Street which helps to provide an east/west connection. A number of opportunities have been identified in the Chapel Street Master Plan for the Greville Street Precinct and include shared streets, street closures, kerb outstands and greening. This report seeks that council acknowledge the comprehensive consultation and design process in line with the Chapel Street Master Plan.



ATTACHMENTS

1. Greville Street Concept Plan - Attachment 1 of 1 Excluded

RECOMMENDATION

That:

1. The consultation process for the Greville Street Precinct, including the options outlined be noted.

2. Following the consultation process a further report be prepared for Council consideration.

3. A further report be prepared considering the possible future closure of King Street in the context of the above.


12. ANNUAL REPORT 2013/14

Manager Communications & Community Planning: Matt Clear General Manager Sustainable Future: Karen Watson

PURPOSE

The purpose of this report is to consider the City of Stonnington’s Annual Report for the financial year 2013/14.

BACKGROUND

Section 131 of the Local Government Act 1989 requires Council to prepare an Annual Report which must be submitted to the Minister for Local Government within three months of the end of each financial year. Following the submission of the report to the Minister, Section 134 of the Local Government Act requires Council to hold an open meeting to consider the report, with 14 days public notice given. Regulation 17 of the Local Government (Finance and Reporting) Regulations 2004 requires the meeting to be held within one month of the report being provided to the Minister. As required by the Local Government Act, statutory advertising was undertaken in the Stonnington Leader on 7 October 2014, with copies of the Annual Report available for inspection at Council’s service centres, libraries and website. Copies of the Annual Report have previously been distributed to Councillors at Councillor Briefing on 22 September 2014, prior to its submission to the Minister for Local Government on 29 September, 2014. DISCUSSION

As required by the Local Government Act 1989 Section 131, the Annual Report contains:

A report of Council’s operations during the financial year;

Audited standard statements for the financial year;

Audited financial statements for the financial year;

A copy of the performance statement prepared under Section 132;

A copy of the report on the performance statement prepared under Section 133; and

Any other matter required by the regulations.

HIGHLIGHTS The Annual Report highlights key achievements under each of Council’s four Key Service Objectives of community, environment, liveability and prosperity. Council’s key achievements in 2013/14 included:

State Government approval of the new residential zones without change, following significant community engagement.


Adoption of a number of new plans and strategies including the Municipal Public Health and Wellbeing Plan 2013-2017, the Access and Inclusion Plan 2014-2017 and the Stonnington Domestic Animal Management Plan 2013-2017.

Strategies for Creating Open Space launched in November 2013 to expand open space for community use.

Commencement of construction works totalling $3 million on the TH King Pavilion and the Stonnington Environmental Education Centre in High Street, Glen Iris. Both these projects incorporate extensive environmental initiatives, including implementation of rainwater harvesting systems.

Completion of the $2 million reconstruction of Sheridan Pavilion in Darling Park/Basil Reserve, Malvern East, in July 2013.

Commencement of redevelopment of 311 Glenferrie Road, Malvern to provide a consolidated precinct for Council staff, delivering time, cost and environmental benefits.

Redevelopment of the Prahran Adventure Playground.

Advocacy for a State secondary school in the Prahran area, and the withdrawal from sale of Ewing Memorial Kindergarten.

Investigation into the prospective undergrounding of Prahran’s Cato Street car park, to create a large area of open public space.

Strong support for Stonnington events, with attendance by around 45,000 people at local events, including the new Sunset Sounds concerts.

Record ticket sales of $1 million at Chapel Off Chapel, Stonnington’s premier entertainment venue.

The Sustainability Outreach Program provided a range of new programs to support sustainable behaviour within the community. The recycling of e-waste such as CDs and mobile phones resulted in over a tonne of material being diverted from landfill. Other initiatives included community composting, and energy efficiency advice offered to residents within their homes.

Approximately 380 Stonnington streetlights upgraded through the Energy Efficiency Street Lighting Project, reducing Council’s annual greenhouse gas emissions by approximately 130 tonnes.

POLICY IMPLICATIONS

The Annual Report incorporates the Key Strategic Objectives from the Council Plan 2013-2017, Council’s primary strategic document. All legislative requirements have been met, as follows:

The financial statements have been prepared as required by the Local Government Act 1989, the Local Government (Financial and Reporting) Regulations 2004, Australian Accounting Standards and other mandatory professional reporting requirements.


Council is required under Section 132 of the Local Government Act 1989 to include a performance statement in its Annual Report. The performance statement is a comparison between the actual result and the target set at the beginning of the financial year and explanations are included where there are significant variations between targeted and actual results.

Sections on Best Value, Balanced Scorecard Reporting and a National Competition Policy Statement of Compliance are included in the report, in accordance with the National Competition Policy and Local Government Act.


The financial position of Council remains strong; with the draft financial statements considered by the Audit Committee on 19 August 2014. The Auditor General has provided unqualified audit reports on the financial statements and performance statement.

CONCLUSION

The Annual Report was submitted to the Minister for Local Government on 29 September 2014, within the time limit specified by the Local Government Act.

The purpose of this report is to consider the City of Stonnington Annual Report for the financial year 2013/14. HUMAN RIGHTS CONSIDERATION

The following recommendation complies with the Victorian Charter of Human Rights and Responsibilities Act 2006.

ATTACHMENTS

1. Annual Report 2013/14 Excluded

RECOMMENDATION

That Council:

1. Receives the Annual Report 2013/14.

2. Notes that the Auditor General has provided unqualified audit opinions on the financial statements and performance statement.

3. Notes the Annual Report was submitted to the Minister for Local Government, by 30 September 2014, in accordance with legislative requirements.


o) Confidential

1) Amendment C186 – Update

General Manager Sustainable Future: Karen Watson

Confidential report circulated separately.

2) Possible Property Purchase

Chief Executive Officer: Warren Roberts

Confidential report circulated separately.

notice paper - city of stonnington · 10/27/2014 · materials and finishes including aluminium...

Documents