Minutes of Council Meeting - 30 September 2019



MINUTESof the ORDINARY MEETING of the STONNINGTON CITY COUNCILheld in the COUNCIL CHAMBER, MALVERN TOWN HALL(CORNER GLENFERRIE ROAD & HIGH STREET, MALVERN)on30 September 2019 SEQ Minutes \r 0\h \* MERGEFORMAT SEQ SeqList \* ALPHABETIC \* MERGEFORMATA.Reading of the Reconciliation Statement and Affirmation StatementSEQ SeqList \* ALPHABETIC \* MERGEFORMATB.IntroductionsSEQ SeqList \* ALPHABETIC \* MERGEFORMATC.Apologies SEQ SeqList \* ALPHABETIC \* MERGEFORMATD.Adoption and confirmation of minutes of previous meeting(s) in accordance with Section 93 of the Act and Clause 49 of General Local Law 2018 (No 1)1.Minutes of the Council Meeting held on 16 September 2019 PAGEREF PDF2_ReportName_N_1 \h 4 SEQ SeqList \* ALPHABETIC \* MERGEFORMATE.Disclosure by Councillors of any conflicts of interest in accordance with Section 79 of the ActSEQ SeqList \* ALPHABETIC \* MERGEFORMATF.Questions to Council from Members of the PublicSEQ SeqList \* ALPHABETIC \* MERGEFORMATG.Correspondence – (only if related to council business)SEQ SeqList \* ALPHABETIC \* MERGEFORMATH.Questions to Council Officers from CouncillorsSEQ SeqList \* ALPHABETIC \* MERGEFORMATI.Tabling of Petitions and Joint LettersSEQ SeqList \* ALPHABETIC \* MERGEFORMATJ.Notices of Motion SEQ SeqList \* ALPHABETIC \* MERGEFORMATK.Reports of Special and Other Committees SEQ SeqList \* ALPHABETIC \* MERGEFORMATL.Reports by Delegates SEQ SeqList \* ALPHABETIC \* MERGEFORMATM.General Business Including Other General Business1.Planning Amendment 0490/16 - 230-234 Toorak Road South Yarra – S72 amendment to the approved residential hotel to allow an increase in hotel rooms from 93 to 123 in conjunction with internal and external changes to the building PAGEREF PDF2_ReportName_7490 \h 122.Planning Application 0406/18 - 151-153A Toorak Road South Yarra - Construction of a mixed use development in an Activity Centre Zone and Design and Development Overlay and reduction in car parking requirement PAGEREF PDF2_ReportName_7488 \h 183.Planning Application 1049/18 - 35-37 Kensington Road, South Yarra – construction of 5, three storey attached townhouses over a basement car park PAGEREF PDF2_ReportName_7489 \h 234.Proposed Road Discontinuance of Laneway between 851-853 Dandenong Road and 1 Clarence Street Malvern East PAGEREF PDF2_ReportName_7493 \h 305.Provision of Temporary Residential Parking Permit on Compassionate Grounds PAGEREF PDF2_ReportName_7495 \h 316.Shopping precinct gateway sign upgrades PAGEREF PDF2_ReportName_7496 \h 31 SEQ SeqList \* ALPHABETIC \* MERGEFORMATN.Urgent BusinessSEQ SeqList \* ALPHABETIC \* MERGEFORMATO.Confidential Business Present:cr steven stefanopoulos, mayor:cr glen atwell:cr marcia griffin:cr john chandler:cr sally davis:cr judy hindle:cr matthew koce:cr melina sehr:cr jami klisarisCouncil Officers Present:jacqui weatherill:geoff cockram:stuart draffin:cath harrod:rick kwasek:anthony de Pascale:judy hoganSEQ SeqListB \* ALPHABETIC \* MergeformatA.Reading Of The Reconciliation Statement The Mayor, Cr Stefanopoulos, read the following reconciliation statement: We acknowledge that we are meeting on the traditional land of the Boonwurrung and Wurundjeri people and offer our respects to the elders past and present. We recognise and respect the cultural heritage of this land.The Mayor Cr Stefanopoulos read the following Affirmation Statement:We are reminded that as Councillors we are bound by our Oath of Office to undertake the duties of Councillor in the best interests of the people of the City of Stonnington and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in us under the Local Government Act and any other relevant Act.The meeting began at 7:00pm.SEQ SeqListB \* ALPHABETIC \* MergeformatB.Apologies There were no apologies.SEQ SeqListB \* ALPHABETIC \* MergeformatC.Introductions The Mayor Cr Stefanopoulos introduced the Councillors and the Chief Executive Officer Jacqui Weatherill. Ms Weatherill then introduced the Council Officers.SEQ SeqListB \* ALPHABETIC \* MergeformatD.Adoption And Confirmation Of Minutes Of Previous Meeting(S) In Accordance With Section 93 Of The Act And Clause 49 Of General Local Law 2018 (No 1)1.Council Meeting - 16 September 2019Motion:Moved Cr Glen AtwellSeconded Cr Sally Davis That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 16 September 2019 as an accurate record of the proceedings subject to the alteration to ‘Item 14 Donald Street Trees, the seconder of the motion was incorrectly recorded as Cr Atwell and it should have been recorded as Cr Stefanopoulos who seconded the motion’.Carried SEQ SeqListB \* ALPHABETIC \* MergeformatE.Disclosure by Councillors of any conflicts of interest in accordance with Section 79 of the ActNilSEQ SeqListB \* ALPHABETIC \* MergeformatF.Questions to Council from Members of the PublicDuring Council’s previous Council Meeting held on 16 September 2019 three (3) sets of Questions to Council were submitted. At the time, I used my discretion available to me under Council’s General Local Law to answer the questions at the meeting. As required under the Local Law, written answers were subsequently provided to the submitter. A copy of the responses are now tabled for inclusion in the minutes of this meeting as follows:Questions - Ms FlynnQuestion 1I would like to submit some questions to Stonnington Council under section 50 of the City of Stonnington General Local Law 2018 (No 1). ??This follows on from the recent car accident outside Korowa Girls School and the Planning Application by Korowa Anglican Girls School (“Korowa”) Planning Permit 1121/18.Given the recent car accident at Korowa, my questions to Council are:What options has the Council considered and implemented to minimise the possibility of another car accident?ResponseCouncil officers have now met with Korowa to discuss traffic and parking issues and a number of initial actions have been proposed. They include: Increase the monitoring and enforcing of illegal parking behaviour by parents during school peaks drop and pick up times. Investigate clearer parking restrictions changes to encourage better compliance and parking behaviour by parents; andInvestigate alternate locations for drop and pick up during school peaks further away from the school. The monitoring and enforcement action is under way. Other matters are being investigated with the aim of introducing any changes this school year.Council’s Road User Behaviour Officer is also working with the school to encourage parents to consider taking alternate travel modes to the school.Does the Council consider it has done everything reasonable to minimise the possibility of another car accident?ResponseYes, Council officers will review the initiatives in six weeks to gauge their effectiveness. How does the Council intend to ensure that the possibility of another accident is minimised on a long term basis? ResponseRefer response to Q1.Given the knowledge that there has been a car accident outside Korowa, what is the Council’s legal liability if a school child or resident is injured outside Korowa and the Council has not done everything reasonable to minimise the possibility of another accident?ResponseWhether Council as the road authority would be liable in the event of an accident would depend on the circumstances of the case, including whether any defect in the road infrastructure, or action of Council, is considered to have contributed to the accident. Council cannot be held accountable for individual motorists driving contrary to road law or the actions of the school.Questions - Ms TresiderQuestionsSince the contract to manage the tennis courts at Orrong Park and Union Street was awarded to Bluefit, has the Stonnington Council provided Bluefit or its tennis coaches any monetary or non-monetary assistance over and above what was initially agreed to in the contract?If so, please let me know what was provided and how much (i.e.: the dollar amount of assistance).?And if so, why was this done??ResponseAs your questions relate to a Freedom of Information request on the same matter, which is currently being processed and is subject to third party review rights, Council is unable to respond to your questions at this time.Questions - Mr & Mrs Minogue,Question 1Has the Project offered to pay Council rent for the temporary occupation of Tooronga Park and Ferrie Oval for the haul roads and the lay down areas, as contemplated by s.120(4) of the Major Transport Projects Facilitation Act?The Level Crossing Removal Project (LXRP) has utilised statutory powers available to the Secretary of the Department of Transport (the Authority) to temporarily occupy parts of land within Tooronga Park and Ferrie Oval for the duration of the Toorak Road Level Crossing Removal Project.The Authority has powers under section 75 of the Land Acquisition and Compensation Act 1986 (LACA) modified by section 119 of the Major Transport Projects Facilitation Act 2009 (MTPFA) to do this. Under the provisions of section 120 of MTPFA, Council has the right to receive rent from the LXRP for the occupation of the land.Question 2If so, what is the rent payable for each location through the term of temporary occupation?The Valuer-General Victoria (VGV) has provided valuation advice to the Authority in relation to the temporary occupation of Tooronga Park and Ferrie Oval, which would be paid monthly until the end of the occupation period. An offer of rental has been received and is currently being reviewed. Council is in the process of obtaining a second valuation for comparison purposes. Question 3If not, is rent being sought and, if so, when is it anticipated that the quantum of rent will be determined?See above answer.Question 4Does Council intend to use all rent received from the Project to enhance each park for the benefit of the affected owners whose use is now adversely affected by the temporary occupation for the Project?Any rental amounts received are anticipated to be used for improvements/reinstatement to Tooronga Park and Ferrie Oval areas to benefit the local and wider community. No specific details/plans have been decided as of yet.Question 5Has Council conducted consultation with affected owners on the manner in which this rent will be used to benefit each park to compensate its users for the trouble and inconvenience caused by the temporary occupation for the Project?No consultation has occurred as of yet. For tonight’s Ordinary Meeting of Council one (1) set of Questions to Council have been received for response. In accordance with clause 50 of Council’s General Local Law a summary of the questions are as follows:Three (3) questions from Ms YoungThe questions relate to publicity and events for Seniors Week.Council will answer the questions, but I use my discretion under Clause 50 (3) (b) of the Local Law to not provide the responses this evening but to provide written responses to the submitters within 14 working days and the responses will be put into the minutes of the following meeting.SEQ SeqListB \* ALPHABETIC \* MergeformatG.Correspondence – (only if related to council business)Cr Griffin tabled the following correspondence:Email from Co ordinator Toorak Road South Yarra Business Association concerning the special rate for Toorak Road South YarraEmail from resident regarding traffic concerns in Elizabeth Street, KooyongEmail from expressing concern regarding established Jacaranda tree during planned building worksEmail from resident alerting Council of reports of dog baiting along High Street in ArmadaleEmail from resident regarding replanting of trees in Montrose Court ToorakEmail from resident regarding traffic conditions in Monaro RoadEmail from sporting group regarding use of Como Oval during 2019/20 cricket seasonEmail from resident regarding excessive noise occurring from jack hammering over the weekend near Almeida CrescentEmail from resident regarding Albion Street footpathsEmail from resident concerned about motorised skateboarder using the footpaths on eastern side of Williams Road between Rathmines and Landale Street, ToorakEmail regarding planning applications for consideration at tonight’s Council meetingCr Atwell tabled the following correspondence:Email from resident regarding the condition of the tennis court in Peverill Park and requesting repairs and improvementsCr Davis tabled the following correspondence:Email from resident noting that at a recent consultative meeting a resident complained about illegal parking in Dixon Street MalvernEmail from resident regarding traders storing rubbish bins on the nature strip in Finch Street MalvernEmail from resident regarding Payne Street and damaged driveways and pathwaysCr Stefanopoulos tabled the following correspondence:Email from resident expressing disappointment at the recent article and statement in the Stonnington Leader on the Victoria Pride Centre and the Mayor’s gala.SEQ SeqListB \* ALPHABETIC \* MergeformatH.Questions to Council Officers from CouncillorsAPeverill ParkCr Glen Atwell noted that he had received correspondence from a young resident expressing concern regarding the state of Peverill Park tennis courts and was requested Council consider making a new outdoor basketball and netball court.The Interim General Manager City Environment said a report would be presented to Councillor Briefing Session on this matter.BPercy Treyvaud Memorial ParkCr Sally Davis asked a question regarding Percy Treyvaud Memorial Park and is Council still confident that a planning permit is not required for tree removals on Percy Treyvaud?The General Manager Planning & Amenity replied that he had viewed the legal advice and was comfortable with it, noting that an opportunity to seek a Determination Hearing at VCAT exists.Cr Davis asked for clarification and can residents take the matter to VCAT for decision?The General Manager Planning & Amenity noted that Council or concerned residents could seek a Determination at VCAT.Cr Davis asked at what stage in the process can that happen?The General Manager Planning & Amenity responded that a hearing can happen now but best to seek their own legal advice.Cr Davis asked whether Council Officers have sought alternate advice on this matter?The General Manager Planning & Amenity advised that his response is based on legal advice previously received.CPercy Treyvaud Memorial Park legal costsCr Glen Atwell asked a question regarding the cost to Council to date of the covenant legal case?The Interim General Manager City Environment noted that the Council budgeted allocation on this project for legal and consultant costing was $2.5 million.Cr Atwell asked how much of this allocation had been spent?The Interim General Manager City Environment noted that $95,000 had been spent on legal matters for this project.DTai chi in Stonnington ParksCr Marcia Griffin asked if consideration could be had to conducting Tai chi sessions in Stonnington parks over the summer period.The General Manager Community and Culture responded that classes are scheduled to be held in Malvern Gardens and Central Park.EVolunteeringCr Marcia Griffin asked for a report on the progress of facilitating volunteering in our City.The General Manager Community and Culture noted that the matter would be discussed at this week’s Community Services Advisory Committee and were currently working with Council’s communications department to enhance the Council website with content.FMasterplan Toorak ParkCr Marcia Griffin asked how the Masterplan for Toorak Park was progressing.The Interim General Manager City Environment noted Stage 1 the Playground and landscape improvements are underway and Contractor appointment is currently being progressed for the cricket training facility and which will commence construction soon.GStreet Tree near Main DrainCr Melina Sehr noted she had been approached by a resident concerned about a street tree being planted near the main drain and would the tree roots potentially cause damage to the drain?The Interim General Manager City Environment noted it was the Council’s responsibility to manage the maintenance of the Council drain and street trees are planted in a location to minimise the chance of the roots causing an issue to the drain.HLegal CostingCr Judy Hindle asked a question regarding Percy Treyvaud Memorial Park and a VCAT determination. What would the cost be to residents for a day at VCAT?The Chief Executive Officer responded that it is not for Council Officers to comment on the potential costings of VCAT.IHarold Holt Memorial Swim Centre Dive towerCr Matthew Koce asked when a report would be presented on the Harold Holt Memorial Swim Centre Dive Tower?The Chief Executive Officer took the question on notice.JWindsor SidingCr Sally Davis noted she had been contacted by a resident who expressed concern of youths displaying unruly behaviour in Windsor Siding Park over the weekends by kicking balls at nesting birds.The Chief Executive Officer took the question on notice.SEQ SeqListB \* ALPHABETIC \* MergeformatI.Tabling of Petitions and Joint LettersCr Chandler tabled a multi signature letter from residents requesting two speed humps be placed in Phoenix Street (between Fitzgerald and Cliff Streets).Procedural Motion:Moved Cr John ChandlerSeconded Cr Matthew KoceThat the multi signature letter be received.CarriedSEQ SeqListB \* ALPHABETIC \* MergeformatJ.Notices of Motion No 03/2019 Motion:Moved Cr Glen AtwellSeconded Cr Sally DavisThat Council:Acknowledges the outcome of the second directions hearing in the Supreme Court of Victoria, regarding Council’s application to interpret or modify restrictive covenants at Percy Treyvaud Memorial Park, which is required to implement the proposed $44.65 million Masterplan.Notes the advice of the Supreme Court that the earliest date for the case to be heard is April 2020.Notes this unforeseen delay and the impact it will have on tenant clubs and local residents, and the significant current and projected legal costs to Stonnington ratepayers associated with the Supreme Court case.Notes the increasing projected cost of construction, due to inflation and material costs, to implement the proposed Masterplan, should the Supreme Court find in Council’s favour.In light of these developments, halt all preparatory work associated with the implementation of the proposed Masterplan until the Supreme Court hands down its decision, and receive a report from Officers itemising:the current and projected legal costs associated with the Supreme Court case and any potential subsequent appeal action; andthe projected revised cost of implementing the proposed $44.65 million Masterplan in the context of this unforeseen delay.A Division was called by Cr Atwell:For:Crs Marcia Griffin, Sally Davis, Glen Atwell and Judy HindleAgainst:Crs John Chandler, Melina Sehr, Jami Klisaris, Matthew Koce and Steven StefanopoulosAbsent:NilLostSEQ SeqListB \* ALPHABETIC \* MergeformatK.Reports of Special and Other CommitteesThe Chief Executive Officer tabled the Assembly of Councillor Records for the following meetings:Sustainability Advisory Committee 9 September 2019Cato Street Steering Committee 18 September 2019Ethnic Services Committee Meeting 19 September 2019Councillor Briefing Session 23 September 2019Prahran Town Hall Steering Committee 30 September 2019SEQ SeqListB \* ALPHABETIC \* MergeformatL.Reports of DelegatesNo reports of Delegates from Councillors.SEQ SeqListB \* ALPHABETIC \* MergeformatM.General Business Including Other General Business1Planning Amendment 0490/16 - 230-234 Toorak Road South Yarra – S72 amendment to the approved residential hotel to allow an increase in hotel rooms from 93 to 123 in conjunction with internal and external changes to the buildingMotion:Moved Cr Marcia GriffinSeconded Cr Matthew Koce That a Notice of Decision to Grant an Amended Planning Permit No: 490/16 for the land located at 230-234 Toorak Road, South Yarra be issued under the Stonnington Planning Scheme for Use and development of the land as a residential hotel in an Activity Centre Zone and a reduction in the standard car parking and bicycle requirements subject to the following conditions:1.Prior to the commencement of the use and development, one electronic copy of plans drawn to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of this?permit. The plans must be generally in accordance with the advertised plans (advertised in May 2019) Council date stamped 15 April 2019 but modified to show:a)The layout and elevations consistent with plans tabled and signed at the VCAT compulsory conference on 27 June 2017 without the prior written consent of the Responsible Authority.b)Provision of screening to the light courts located on the western wall of the property at 238 Toorak Road, South Yarra to prevent direct views from the hotel rooms into the habitable room windows.c)Provision of overlooking prevention measures to the southern elevation of the building on all levels to Penny Lane properties.d)Any further changes to achieve no additional overshadowing impact at the equinox to the private open space and the glazed roof at Level 2 of 8 Penny Lane.e)Provision of a sign at the opening of the loading and unloading area requiring all vehicles to reverse into the loading bay and must drive in a forward direction into and out of Penny Lane.f)Appropriate acoustic protection measures to be incorporated to the roof plant.g)All services, including lift and stair cores, and associated screening must not exceed a height of 1.5 metres from the finished roof level of the building.h)Provision of a verandah over the pedestrian along Toorak Road frontage. i)Any changes as required by condition 3 (Waste Management Plan), condition 4 (Traffic Management Plan), condition 5 (Sustainability Management Plan and Daylight Investigation), condition 7 (Landscape Plan) and condition 9 (Stormwater Runoff).j)Provision of a digital 3D model of the development site in accordance with Condition 10.k)Provision of planting along Toorak Road and Penny Lane building facades of podium levels.l)Lightcourt setback from the eastern boundary to be dimensioned on plans at 3.2 metres.m)The metal privacy screen at Level 1 on the eastern boundary to be reinstated. n)A detailed external materials and finishes schedule for the front fa?ade and accompanying annotated elevation to the satisfaction of the Responsible Authority.o)An additional six (6) bicycle parking spaces for use by staff and visitors with detailed dimensions noted on plans. p)A patron and staff management plan which details specific actions and procedures to manage patrons and staff of the hotel and which seeks to limit any adverse impacts on the surrounding properties (ensuring that the access restrictions to the rear of the site are communicated as part of the induction process to all new staff including any contractors (i.e. cleaners, laundry staff etc); establishes a process to receive and remedy complaints; and promotes communication between the hotel operator and the local community and residents, to the satisfaction of the Responsible Authority.q)Updated plans consistent with the discussion plans and updated Sustainability Management Plan submitted to Council on 31 May 2019 but modified to further show:i.Annotate all materials assumptions utilised within the daylight model (for light-court facing level 1 and 2 bedrooms) on architectural plans. For levels 1, 2 and 3, specify a light colour for the party wall to the east of the light court (facing the hotel rooms) with a reflectance value of no less than 60%, as per the daylight modelling report. ii.Plans must be updated with annotations to reflect the following building fabric commitments:?External walls – Added insulation R-value to be no less than R3?Roofs – Added insulation R-value to be no less than R4All of the above must be to the satisfaction of the Responsible Authority. Once approved the plans endorsed forms part of this Permit.2.The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason without the prior written consent of the Responsible Authority.3.Concurrent with the endorsement of plans, a Waste Management Plan must be approved by the Responsible Authority. The Waste Management Plan must be generally in accordance with the Waste Management Plan dated 8 June 2016, but amended to include:a)The provision of a bottle crusher internal to the building.b)The waste collection vehicle must not exceed 6.4 metres in length.c)Waste collection is only permitted between the hours of 9:00am and 3:00pm, Monday to Friday.d)Provision of a sign at the opening of the loading and unloading area requiring all waste collection vehicles to reverse into the loading bay and must drive in a forward direction into and out of Penny Lane. e)A side-load waste collection vehicle must be specified in place of a rear-load vehicle, unless further justification is provided as to why this type of vehicle cannot be used in this development to the satisfaction of the Responsible Authority.When approved, the plan will be endorsed and will then form part of the permit. Waste collection from the development must be in accordance with the plan, to the satisfaction of the Responsible Authority. 4.Concurrent with the endorsement of any plans, a Traffic Management Plan must be approved by the Responsible Authority. The Traffic Management Plan must detail the following:a)Delivery is only permitted between the hours of 8:00am – 8:00pm, Monday to Saturday and 9:00am – 8:00pm, Sunday and Public Holidays. b)Vehicles that access the loading and unloading facility must not exceed the length of 6.4 metres.c)Provision of a sign at the opening of the loading and unloading area requiring all vehicles to reverse into the loading bay and must drive in a forward direction into and out of Penny Lane.When approved, the plan will be endorsed and will then form part of the permit. Loading and unloading in association with the development must be in accordance with the plan, to the satisfaction of the Responsible Authority. 5.Concurrent with the endorsement of any plans, a Sustainable Management Plan (SMP) and associated Daylight Investigation must be approved by the Responsible Authority. Upon approval the SMP will be endorsed as part of the planning permit and the development must incorporate the sustainable design initiatives outlined in the SMP to the satisfaction of the Responsible Authority. The report must be generally in accordance with the advertised plan prepared by Sustainable Development Consultants, Version 4 dated April 2019 and Council date stamped 18 April 2019 and Daylight Modelling Assessment prepared by Arc Resources dated 3 April 2019 and Council date stamped 15 April 2019, but modified to include, but not limited to, the following:a)The BESS Assessment to be finalized in the BESS tool.b)The daylight modelling to be revised to demonstrate a minimum compliance with one of the following categories: c)SDAPP Daylight Factor target for each room.d)Spatial daylight autonomy of sDA40, 90% of each room area.e)Spatial daylight autonomy of sDA160, 80% of floor area.f)Spatial daylight autonomy of sDA300, 55% of floor area.g)Provision of natural ventilation to all rooms.h)Details of any passive design initiative to reduce energy demand.i)Updated to reflect the Sustainability Management Plan submitted to Council on 31 May 2019 but further modified as required to ensure consistency with Condition 1. All works must be undertaken in accordance with the endorsed Sustainability Management Plan to the satisfaction of the Responsible Authority. No alterations to the Sustainable Management Plan may occur without written consent of the Responsible Authority. 6.Prior to the occupation of the development approved under this permit, a report from the author of the Sustainability Management Plan, approved pursuant to this permit, or similarly qualified person or company, must be submitted to the Responsible Authority. The report must be to the satisfaction of the Responsible Authority and must confirm that all measures specified in the Sustainability Management Plan have been implemented in accordance with the approved plan.7.Concurrent with the endorsement of plans, a landscape plan to be prepared by a landscape architect or suitably qualified or experienced landscape designer, must be approved by the Responsible Authority. When approved, the landscape plan will be endorsed and will then form part of the permit. The landscape plan must be drawn to scale with dimensions and three copies must be provided. The landscape plan must show: a)A planting schedule of all planting on building facades, including botanical names, common names, pot sizes and quantities of each plant.8.Before the occupation of the development, the landscaping works as shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority. Landscaping must then be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.9.The applicant must at their cost provide a stormwater detention system to restrict runoff from the development to no greater than the existing runoff based on a 1 in 10 A.R.I. to the satisfaction of Council’s Infrastructure Unit. Alternatively, in lieu of the stand alone detention system, the owner may provide stormwater collection tanks that are in total 5000 litres greater than those tanks required to satisfy WSUD requirements for the development. Those tanks must be connected to all toilets as well as used for irrigation.10.Upon submission of plans to be endorsed in association with condition 1, the Applicant is to provide to Council’s GIS department a digital 3D model of the development site (to specification).11.Any poles, service pits or other structures/features on the footpath required to be relocated to facilitate the development must be done so at the cost of the applicant and subject to the relevant authority’s consent.12.The level of the footpaths and/or laneways must not be lowered or altered in any way to facilitate access to the site.13.All utility services to the subject land and buildings approved as part of this permit must be provided underground to the satisfaction of the Responsible Authority by completion of the development.14.Prior to occupation, access for persons with disabilities must be provided in compliance with the Disability Discrimination Act 1992 and such access must be maintained at all times the building is occupied or in use. 15.The use and development allowed by this permit must comply with the directions and conditions of any statement of environmental audit issued for the land.16.No patron access is to be permitted via Penny Lane.17.Staff of the hotel must not access the rear of the site via Penny Lane between the hours of 9:00pm and 7:00am on any day, unless in the case of an emergency or otherwise with the written consent of the Responsible Authority. 18.Prior to the development commencing a report for the legal point of discharge must be obtained from Council and a drainage design for the development must be prepared by a suitably qualified Engineer in compliance with Council's report prior to a building permit being issued. The drainage must be constructed in accordance with the Engineer's design.19.The crossover must be constructed to Council’s Standard Vehicle Crossover Guidelines unless otherwise approved by the Responsible Authority. Separate consent for crossovers is required from Council’s Building and Local Law Unit.20.Prior to the occupation of the building/ commencement of use, the walls on the boundary of the adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.21.Adequate provision must be made for the storage and collection of wastes and recyclables within the site prior to the commencement of use or occupation of the building. This area must be appropriately graded, drained and screened from public view to the satisfaction of the Responsible Authority.22.All plant and equipment (including air-conditioning units) shall be located or screened so as not to be visible from any of the surrounding footpaths and adjoining properties (including from above) and shall be baffled so as to minimise the emission of unreasonable noise to the environment in accordance with Section 48A of the Environment Protection Act 1970 to the satisfaction of the Responsible Authority.Transport for Victoria Condition starts23.The permit holder must take all reasonable steps to ensure that disruption to bus operation along Toorak Road is kept to a minimum during the construction of the development. Foreseen disruptions to bus operations and mitigation measures must be communicated to Public Transport Victoria eight (8) weeks prior by telephoning 1800 800 007 or emailingcustomerservice@ptv..au. Transport Victoria Condition ends24.This permit will expire if one of the following circumstances applies: a)The development is not started within two years of the date of this permit. b)The development is not completed within four years of the date of this permit. c)The use is not commenced within five years of the date of this permit.d)The use is discontinued for a period of two years or more.In accordance with Section 69 of the Planning and Environment Act 1987, a request may be submitted to the Responsible Authority within the prescribed timeframes for an extension of the periods referred to in this condition.Carried2Planning Application 0406/18 - 151-153A Toorak Road South Yarra - Construction of a mixed use development in an Activity Centre Zone and Design and Development Overlay and reduction in car parking requirementMotion:Moved Cr John ChandlerSeconded Cr Matthew Koce That a Notice of Decision to Grant a Planning Permit No: 406/18 for the land located at 151-153A Toorak Road, South Yarra be issued under the Stonnington Planning Scheme for construction of a mixed use development in an Activity Centre Zone and Design and Development Overlay, and a reduction in car parking requirement subject to the following conditions:Before the commencement of the development, 1 copy of plans drawn to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the plans, Drawing No.s: TP00 (Rev N), TP10.10 (Rev N), TP11.00 (Rev N), TP11.01 (Rev N), TP11.02 (Rev N), TP11.03 (Rev N), TP20 (Rev N), TP21 (Rev N), TP22 (Rev N), TP23 (Rev N), TP30 (Rev N), TP50 (Rev N), prepared by Bird de la Coeur Architects with Council date stamped 17 July 2019, but modified to show:Changes as shown on the discussion plans, Drawing No. TP20 (Rev P) and TP24 (Rev P) with Council date stamped 30 August 2019. The specific changes include, but not limiting to, the following:Changes to the pattern and composition of ‘Flexbrick’ panels and consequential increase in opening area to 55%.Lowering the screens of the rooftop service platform to no higher than 2 metres.Material of the screens of the rooftop service platform to be notated on plans.The bicycle entry door to be recessed no more than 1 metre from the Darling Street boundary.Notation confirming that toilets servicing all offices are to be connected to the rainwater tank.Car parking allocation to each of the use to be noted on the plans. A minimum 2 car parking spaces to be allocated to ground floor retail tenancy.Width of internal ramp.Headroom clearance along the internal ramp.Aisle width in front of the disabled space.Aisle width in front of the car stacker unit.The dimensions of usable platform of the car stacker unit to comply with Design Standard 2 of Clause 52.06-9 unless otherwise approved by the Responsible Authority.Manufacturers specification of the car stacker system including the actual platform length, width, headroom clearance and details of operation of the system.Annotation specifying the model of the car stacker system.Headroom clearance within the car stacker unit to be shown on the plans.A minimum gradient of 1 in 200 (0.5%) for covered parking areas to allow for adequate drainage as per AS 2890.1.Design details and dimensions of bicycle parking facilities (including rack spacing) in accordance with the Australian Standards.Distance between the north boundary and the proposed vehicle crossover.Crossover splays in accordance with Council’s Vehicle Policy unless otherwise approved by the Responsible Authority.Annotation specifying that the existing crossover is to be removed and reinstated in accordance with Council’s requirements.Annotation specifying that lighting within the offices is to be on a timer or sensor so that the internal lights are switched off when the offices are not in use.Any change as required by Conditions 3 (SMP), 5 (Water Sensitive Urban Design Response), 7 (WMP), and 8 (Landscape Plan).An increase in the western setback to Level 4 and all levels above (including all elements, external fa?ade, rooftop terrace balustrades and planter boxes) by 1.5 metres, and any consequential internal reconfiguration.All to the satisfaction of the Responsible Authority.The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason, without the prior written consent of the Responsible Authority.Concurrent with the endorsement of any plans pursuant to Condition 1, a Sustainability Management Plan (SMP) must be submitted to and approved by the Responsible Authority. Upon approval the SMP will be endorsed as part of the planning permit and the development must incorporate the sustainable design initiatives outlined in the SMP to the satisfaction of the Responsible Authority. Amendments to the SMP must be incorporated into plan changes required under Condition 1. The report must be generally in accordance with the Sustainability Management Plan (Revision G) prepared by Ark Resources with Council date stamped 12 July 2019, but modified as follows:Reflect the changes as shown on the Sustainability Management Plan (Revision I) prepared by Ark Resources with Council date stamped 30 August 2019.Inclusion of the JV3 Simulation Report (Revision B) prepared by Ark Resources with Council date stamped 30 August 2019 as an attachment.Reflect any changes as required by Condition 1.All to the satisfaction of the Responsible Authority.All works must be undertaken in accordance with the endorsed Sustainability Management Plan to the satisfaction of the Responsible Authority. No alterations to the Sustainable Management Plan may occur without written consent of the Responsible Authority.Prior to the occupation of the development approved under this permit, a report from the author of the Sustainable Management Plan, approved pursuant to this permit, or similarly qualified person or company, must be submitted to the Responsible Authority. The report must be to the satisfaction of the Responsible Authority and must confirm that all measures specified in the SMP have been implemented in accordance with the approved plan.Concurrent with the endorsement of plans, the applicant must provide a Water Sensitive Urban Design Response (WSUD) addressing the Application Requirements of the Stormwater Management (Water Sensitive Urban Design) Policy to the satisfaction of the Responsible Authority. All proposed treatments included within the Water Sensitive Urban Design Response must also be indicated on the plans. When approved, the WSUD Response will be endorsed and will then form part of the permit. The WSUD Response must be generally in accordance with the WSUD Response (Revision G) prepared by Ark Resources with Council date stamped 12 July 2019, but modified to show:Any changes as required by Condition 1.All to the satisfaction of the Responsible Authority.The project must incorporate the Water Sensitive Urban Design initiatives detailed in the endorsed site plan and/or stormwater management report.Concurrent with the endorsement of any plans, a Waste Management Plan (WMP) must be submitted to and approved by the Responsible Authority. The WMP must be generally in accordance with the Waste Management Plan prepared by Leigh Design Pty Ltd with Council date stamped 12 July 2019, but modified to:Reflect the design layout as shown on the amended plans required by Condition 1.Show provision of mechanical equipment to transport large commercial bin via a graded ramp.All to the satisfaction of the Responsible Authority.When approved, the plan will be endorsed and will then form part of the permit. Waste collection from the development must be in accordance with the endorsed WMP, to the satisfaction of the Responsible Authority.Concurrent with the endorsement of plans, a landscape plan to be prepared by a landscape architect or suitably qualified or experienced landscape designer, must be submitted to and approved by the Responsible Authority. When approved, the landscape plan will be endorsed and will then form part of the permit. The landscape plan must be drawn to scale with dimensions. The landscape plan must show:A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, species if they are native or exotic, pot sizes, sizes at maturity, and quantities of each plant.Landscaping and planting within all open areas of the site.Details of planter boxes.Details of all proposed hard surface materials including pathways, patio or decked areas.Details of irrigation systems.All to the satisfaction of the Responsible Authority.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.Concurrent with the endorsement of plans, the applicant must provide a digital 3D model of the development hereby approved in accordance with the specifications of Council’s GIS Unit, to the satisfaction of the Responsible Authority.Lighting within the offices is to be on a timer or sensor so that the internal lights are switched off when the offices are not in use so as to minimise the spill of light beyond the office building to the satisfaction of the Responsible Authority.The level of the footpaths must not be lowered or altered in any way to facilitate access to the site to the satisfaction of the Responsible Authority.Prior to a building permit being issued, a report for the legal point of discharge must be obtained from Council and a drainage design for the development must be prepared by a suitably qualified Engineer in accordance with all ‘recommendations’ and requirements contained in that report. All drainage must be by means of a gravity based system with the exception of runoff from any basement ramp and agricultural drains which may be pumped. The relevant building surveyor must check and approve the drainage design and ensure that protection of the building is provided from a 1 in 100 A.R.I. rainfall event as required by the Building Regulations.Prior to an ‘Occupancy Permit’ being issued, a suitably qualified Engineer must carry out a detailed inspection of the completed stormwater drainage system and associated works including all water storage tanks and detention (if applicable) to ensure that all works has been constructed in accordance with the approved design and the relevant planning permit conditions. Certification of the completed drainage from the Engineer must be provided to Council prior to a ‘Statement of Compliance’ being issued for the subdivision.Prior to the commencement of the development hereby approved, the permit holder must obtain approval from the Responsible Authority to construct or modify any vehicle crossover/s providing access to the subject site.Prior to the occupation of the building, all redundant vehicular crossing must be removed and the footpath and kerb reinstated at the permit holder’s cost to the approval and satisfaction of the Responsible Authority.Prior to occupation, access for persons with disabilities must be provided in compliance with the Disability Discrimination Act 1992 and such access must be maintained at all times the building is occupied or in use.Prior to the occupation of the building, the walls on the boundary of the adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.Any poles, service pits or other structures/features on the footpath required to be relocated to facilitate the development, including construction of vehicle crossover, must be done so at the cost of the applicant and subject to the relevant authority’s consent.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.All plant and equipment (including air-conditioning units) shall be located or screened so as to minimise visibility from any of the surrounding footpaths and from overhead views and shall be baffled so as to minimise the emission of unreasonable noise to the environment in accordance with Section 48A of the Environment Protection Act 1970 to the satisfaction of the Responsible Authority. Ventilation systems must be designed and installed in accordance with the relevant Australian Standards.The emission of noise or any other emission to the environment derived from activities on the site must conform to standards contained in the appropriate State Environment Protection Policy or Policies.External lighting must be designed, baffled and located so as to prevent any adverse effect on adjoining land to the satisfaction of the Responsible Authority.The collection of wastes and recyclables from the premises (other than normal Stonnington City Council collection) must be in accordance with Council's General Local Laws.All loading and unloading of goods must be undertaken in accordance with Council’s Local Laws.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: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.This permit is for the use of the land and/or buildings and does not constitute any authority to conduct a business requiring Health Act/Food Act registration without prior approval from the Councils Health Services.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.Unless a permit is not required under the Stonnington Planning Scheme, signs must not be constructed or displayed without a further planning permit.This permit does not give any authority to occupy the footpath for trading without prior approval from Council's Local Laws department. A permit must be obtained for footpath trading and it must accord with the relevant Footpath Trading Code.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:Before or within 6 months after the permit expiry date, where the development allowed by the permit has not yet started; andWithin 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires.Carried3Planning Application 1049/18 - 35-37 Kensington Road, South Yarra – construction of 5, three storey attached townhouses over a basement car parkMotion:Moved Cr John ChandlerSeconded Cr Matthew Koce That a Notice of Decision to Grant a Planning Permit No: 1049/18 for the land located at 35-37 Kensington Road, South Yarra be issued under the Stonnington Planning Scheme for construction of a multi-unit development in a General Residential Zone and a reduction in the car parking requirements subject to the following conditions:Before the commencement of the development, one copy of plans drawn to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the revised advertised plans TP01 – TP11 Rev A and Council date stamped 9 July 2019 but modified to show:All habitable room windows and balconies at the first and second floor level that allow for views to a habitable room window or area of private open space within 9 metres must be screened in accordance with Standard B22 of Clause 55;Details of all screening measures must be included on sections, including details of the spacing any horizontal slats and depths of all slats with dimensions;All overlooking measures including translucent glass and horizontal screens at the first and second floor level to achieve Standard B22 must be clearly and consistently annotated on the floor plans and elevations;All translucent glass used to limit overlooking must be confirmed as being fixed to a height of 1.7 metres above finished floor level;Sections to confirm the height of the northern boundary fence relative to the finished floor levels of the ground level terraces, demonstrating compliance with Standard B22;All setbacks of all walls to all boundaries must be noted on the plans;Sight distance to be addressed on the north side of the access way via a convex mirror or otherwise to the satisfaction of the Responsible Authority;The plans to show a 1.3m straight splay on the south side of the vehicle crossing unless otherwise agreed to by the Responsible Authority;A detailed schedule of all external materials finishes and colours to the satisfaction of the Responsible Authority with corresponding elevations. The schedule must include the double glazing and minimum insulation requirements as specified in the Sustainable Design Assessment;Roof plan notation updated to confirm the size of the rainwater tank as 25,000 litres; Basement plan to include notations that the 25,000 litre rainwater tank is to be connected to toilets for flushing and the garden irrigation system;Elevations to include screening of the air conditioning units on the roof so that the air conditioning units are not visible from the street or any adjoining property. Screens must be dimensioned and must be of a high quality material that integrates into the development to the satisfaction of the Responsible Authority;The basement level to be setback a minimum distance of 1 metre from the southern boundary;Correction to the west elevation to show all proposed windows to the stairwell;Design details of the raingarden including a cross section which shows the details of the depth and materials for each layer of the rain garden;Detail must be provided with regard to the construction methods within the Tree Protection Zones (TPZ), based on recommendations from the Tree Management Plan;Any changes as required meet Condition 3 (Landscape Plan), 6 (Tree Management Plan), and 15 (Waste Management Plan);The western elevation setbacks at all levels to comply with Standard B17 of ResCode.All windows of the upper levels facing the west are to be screened (maximum 25% transparency) to a height of 1.7m above the finished floor level.all to the satisfaction of the Responsible Authority. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason, without the prior written consent of the Responsible Authority.Concurrent with the endorsement of plans, a landscape plan to be prepared by a landscape architect or suitably qualified or experienced landscape designer must be submitted to and approved by the Responsible Authority. When approved, the landscape plan will be endorsed and will then form part of the permit. The landscape plan must be drawn to scale with dimensions. The landscape plan must be generally in accordance with the landscape concept plan Council date stamped received 4 February 2019 and prepared by Lachie Anderson Landscapes, but modified to show:Changes as a result of relocating Unit 4, ensuring the 2 proposed ‘Malus Trilobata’ Crab Apple trees along the rear (west) boundary are retained.Detail must be provided with regard to the construction methods within the Tree Protection Zones (TPZ), based on recommendations from the Tree Management Plan.Service trenches for the new services must not be located within the Structural Root Zone of the street tree and this must be confirmed on the landscape plan to the satisfaction of the Responsible Authority.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.All existing vegetation shown on the endorsed plans to be retained must be suitably and clearly identified before any development (including demolition and excavation) starts on the site and that vegetation must not be removed, destroyed or lopped without the written consent of the Responsible Authority.Concurrent with the endorsement of development plans a tree management plan prepared by a suitably qualified arborist must be submitted to and approved by the Responsible Authority.? When approved, the tree management plan will form part of this permit and all works must be done in accordance with the tree management plan (AS 4970).The tree management plan must detail measures to protect and ensure the viability of the Quercus robur (English Oak) street tree and the significant Acmena smithii (Lilly Pilly).Among other things, the tree management plan must include the following information:Pre-construction (including demolition) – details to include a tree protection zone, height barrier around the tree protection zone, amount and type of mulch to be placed above the tree protection zone and method of cutting any roots or branches which extend beyond the tree protection zone. A plan must be submitted detailing any tree protection fencing, where the fencing is clearly identified and dimensioned.During-construction – details to include watering regime during construction and method of protection of exposed roots.Post-construction – details to include watering regime and time of final inspection when barrier can be removed and protection works and regime can cease.Pre-construction works and any root cutting must be inspected and approved by the Responsible Authority's Parks Unit. Removal of protection works and cessation of the Tree Management Plan must be authorised by the Responsible Authority's Parks Unit.Before the development (including excavation and demolition) starts, a tree protection fence must be erected around the Quercus robur (English Oak) street tree and the significant Acmena smithii (Lilly Pilly). Fencing is to be compliant with Section 4 of AS 4970. Signage identifying the need for approval from Council’s Parks Unit for any root cutting (prior to it occurring) must also be displayed on the fence.Prior to the endorsement of plans and prior to any development commencing on the site (including demolition and excavation whether or not a planning permit is required), the owner/ developer must enter into a Deed with the Responsible Authority and provide it with a bank guarantee of $35,399 as security against a failure to protect the health of the street tree - Quercus robur (English Oak) and the significant Acmena smithii (Lilly Pilly) to be retained. The applicant must meet all costs associated with drafting and execution of the Deed, including those incurred by the responsible authority. Once a period of 12 months has lapsed following the completion of all works at the site the Responsible Authority may discharge the bank guarantee upon the written request of the obligor. At that time, the Responsible Authority will inspect the tree(s) and, provided they have not been detrimentally affected, the bank guarantee will be discharged.Concurrent with the endorsement of plans or prior to the commencement of any works at the site (including demolition and excavation whether or not a planning permit is required), whichever occurs sooner, a letter of engagement must be provided to the Responsible Authority from the project arborist selected to oversee all relevant tree protection works. The project arborist must be an appropriately experienced and qualified professional (minimum Cert IV or equivalent in experience).The project arborist must maintain a log book detailing all site visits. The log book must be made available to the Responsible Authority within 24 hours of any request. Prior to the commencement of any works at the site (including demolition and excavation whether or not a planning permit is required), the project arborist must advise the Responsible Authority in writing that the Tree Protection Fences have been installed to their satisfaction. Prior to the commencement of any works on the land, each Tree Protection Zone shown on the approved Landscape Plan must:be fenced with temporary fencing in accordance with the attached specifications annotated in this permit to the satisfaction of the Responsible Authority.include a notice on the fence to the satisfaction of the Responsible Authority advising on the purpose of the Tree Protection Zone, the need to retain and maintain the temporary fencing and that fines will be imposed for removal or damage of the fencing and trees.No vehicular or pedestrian access, trenching or soil excavation is to occur within the Tree Protection Zone without the prior written consent of the Responsible Authority. No storage or dumping of tools, equipment or waste is to occur within the Tree Protection Zone. A copy of the tree protection zones are to be included in any contract for the construction of the site or for any other works which may impact upon the trees. The permit holder / developer must advise Council in writing that a Certificate of Occupancy has been issued in respect to the development and that the 12 month establishment period has commenced. Concurrent with the endorsement of plans, a Waste Management Plan must be submitted to and approved by the Responsible Authority. The Waste Management Plan must be in accordance with the Waste Management Plan dated 20/12/2018 and Council date stamped 2/01/2019 but modified to show:Updated bin store plan to reflect the basement layout changes on the revised plans and any other changes required by Condition 1 to the satisfaction of the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. Waste collection from the development must be in accordance with the plan, to the satisfaction of the Responsible Authority. 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.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.All development must be clear of the easement. The existing surface levels of the easement must not be raised or altered in any way.Prior to a building permit being issued, a report for the legal point of discharge must be obtained from Council and a drainage design for the development must be prepared by a suitably qualified Engineer in accordance with all ‘recommendations’ and requirements contained in that report. All drainage must be by means of a gravity based system with the exception of runoff from any basement ramp and agricultural drains which may be pumped. The relevant building surveyor must check and approve the drainage design and ensure that protection of the building is provided from a 1 in 100 A.R.I. rainfall event as required by the Building Regulations.Prior to an ‘Occupancy Permit’ being issued, a suitably qualified Engineer must carry out a detailed inspection of the completed stormwater drainage system and associated works including all water storage tanks and detention (if applicable) to ensure that all works have been constructed in accordance with the approved design and the relevant planning permit conditions. Certification of the completed drainage from the Engineer must be provided to Council prior to a ‘Statement of Compliance’ being issued for the subdivision.The existing footpath levels must not be lowered or altered in any way at the property line (to facilitate the basement ramp). The applicant must at their cost provide a stormwater detention system to restrict runoff from the development to no greater than the existing runoff based on a 1 in 10 A.R.I. to the satisfaction of Council’s Infrastructure Unit. Alternatively, in lieu of the stand-alone detention system, the owner may provide stormwater tanks that are in total 2,000 litres greater than those tanks required to satisfy WSUD requirements for the development. Those tanks must be connected to all toilets. Prior to the commencement of the development hereby approved, the permit holder must obtain approval from Council’s Building and Local Laws Department to construct or modify any vehicle crossover/s providing access to the subject site. The issue of a planning permit does not provide approval for vehicular crossovers which are outside of the title boundary. 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.All plant and equipment (including air-conditioning units) shall be located or screened so as to minimise visibility from any of the surrounding footpaths and from overhead views and shall be baffled so as to minimise the emission of unreasonable noise to the environment in accordance with Section 48A of the Environment Protection Act 1970 to the satisfaction of the Responsible Authority.Adequate provision must be made for the storage and collection of wastes and recyclables within the site prior to the commencement of use or occupation of the building. This area must be appropriately graded, drained and screened from public view to the satisfaction of the Responsible Authority.The project must incorporate the Water Sensitive Urban Design initiatives detailed in the endorsed site plan and/or stormwater management report.Prior to occupation, access for persons with disabilities must be provided in compliance with the Disability Discrimination Act 1992 and such access must be maintained at all times the building is occupied or in use.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:The owners and occupiers of the dwelling/s hereby approved are not eligible to receive “Resident Parking Permits”.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.Council has adopted a zero tolerance approach in respect to the failure to implement the vegetation related requirements of Planning Permits and endorsed documentation. Any failure to fully adhere to these requirements will be cause for prosecution. This is the first and only warning which will be issued. Nothing in this permit hereby issued shall be construed to allow the removal of, damage to or pruning of a significant tree (including the roots) without the further written approval of Council.“Significant Tree” means a tree or palm:with a trunk circumference of 140 cm or greater measured at 1.4 m above its base;with a total circumference of all its trunks of 140 cm or greater measured at 1.4 m above its base;with a trunk circumference of 180 cm or greater measured at its base; orwith a total circumference of all its trunks of 180 cm or greater measured at its base.Please contact the Council Arborists on 8290 1333 to ascertain if permission is required for tree removal or pruning or for further information and protection of trees during construction works.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.The crossover must be constructed to Council’s Standard Vehicle Crossover Guidelines unless otherwise approved by the Responsible Authority. Separate consent for crossovers is required from Council’s Building and Local Law Unit.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:Before or within 6 months after the permit expiry date, where the development allowed by the permit has not yet started; and Within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires.Carried4Proposed Road Discontinuance of Laneway between 851-853 Dandenong Road and 1 Clarence Street Malvern EastMotion:Moved Cr Glen AtwellSeconded Cr Sally Davis Council Resolution to Remove Road from Council’s Register of Public RoadsThat Council acting under section 17(4) of the Road Management Act 2004 resolves that the road abutting 851-853 Dandenong Road and 1 Clarence Street, Malvern East, which is shown as lot 1 on the plan contained in Attachment 1 to this Report, being part of the land contained in certificate of title volume 2105 folio 857, be removed from Council’s Register of Public Roads on the basis that the road is no longer reasonably required for general public use for the reasons set out in the report.Council Resolution to Commence Statutory ProceduresThat Council acting under clause 3 of Schedule 10 of the Local Government Act 1989 (“Act”):1.resolves that the statutory process be commenced to discontinue the Road;2.now directs that under sections 207A and 223 of the Act, public notice of the proposed discontinuance of the Road be given in the “Stonnington Leader” newspaper;3.directs that the public notice required to be given under sections 207A and 223 should state that if the Road is discontinued, Council proposes to sell the land to the adjoining owners for market value; and4.appoints a committee of Council to consider any submissions received pursuant to section 223 of the Act at a meeting to be held at a place, time and date to be advised.Carried5Provision of Temporary Residential Parking Permit on Compassionate Grounds Motion:Moved Cr Marcia GriffinSeconded Cr John Chandler That Council:1. AUTHORISE officers to issue 1 temporary resident parking permit applying for 6 months, to the resident in Cromwell Street South Yarra who is requiring special consideration on compassionate grounds.2.APPROVE the CEO as Council’s delegate to have authority to determine future applications on compassionate grounds to excluded properties.Carried6Shopping precinct gateway sign upgradesMotion:Moved Cr Marcia GriffinSeconded Cr Glen Atwell That Council ENDORSE the form of the new shopping precinct gateway signs for all of Stonnington’s shopping precincts, and the proposed roll-out of the new signs across the municipality. Carried SEQ SeqListB \* ALPHABETIC \* MergeformatN.Urgent BusinessNilSEQ SeqListB \* ALPHABETIC \* MergeformatO.Confidential BusinessNil There being no further business the meeting closed at 7:46pm.Confirmed on Monday 14 October 2019...................................................................................CR STEVEN STEFANOPOULOS, MAYOR 4011930133985Tabled at Council Meeting30 September 201900Tabled at Council Meeting30 September 2019ASSEMBLY OF COUNCILLORS RECORDThis Form MUST be completed by the attending Council Officer and returned IMMEDIATELY to Judy Hogan – Civic Support Officer ASSEMBLY DETAILSDate:19 September 2019Time: 10:00am – 12 noonLocation:Malvern Town Hall Banquet HallIN ATTENDANCECouncillors:Cr Steve StefanopoulosCouncil Officers:Liz Daley – Manager Diversity and Aged ServicesJulie Fry – Coordinator Community Support and DiversityAysin Akdeniz – Cultural Diversity PlannerJane Taranto – Administration OfficerFrances Rodrigo – Team Leader Social Support Team (Item 5)Barry Hills – Transport Program Officer (Item 5)Matter/s Discussed1.Welcome2.Apologies3.Confirmation of Previous Minutes4.Business Arising5.City of Stonnington NewsPrahran Square Update – Julie FrySpring into Gardening – Julie FrySeniors Festival – Frances RodrigoGrattan Gardens Community Centre Update – Julie FryCommunity Transport Program Update – Barry Hills6.Musculoskeletal Conditions – Anne Lloyde7.MiCare News – Christine Spiridonis8.Other Business9.Next Meeting: Thursday 28 November 2019CONFLICT OF INTEREST DISCLOSURES: including time left and returned to meetingCouncillors: NoneCouncil Officers: NoneForm completed by: Jane TarantoASSEMBLY OF COUNCILLORS RECORDThis Form MUST be completed by the attending Council Officer and returned IMMEDIATELY to Judy Hogan – Civic Support Officer Tabled at Council 30 September 2019ASSEMBLY DETAILSDate: Monday 23 September 2019 Time: 6pmAssembly Location: Committee Room, Level 2, 311 Glenferrie Road, MalvernIN ATTENDANCECouncillors:Cr S Stefanopoulos (Mayor)Cr G AtwellCr J KlisarisCr J ChandlerCr J Hindle (Apology)Cr M GriffinCr M KoceCr M SehrCr S DavisCouncil Officers:Jacqui WeatherillStuart DraffinPam WaltersCath HarrodGeoff CockramJim CardenRick KwasekAnthony de PascaleSean RossKate O’ConnorDavid TaylorMatter/s Discussed:1.Councillor Discussion2.Planning Application 0406/18 - 151-153A Toorak Road South Yarra - Construction of a mixed use development in an Activity Centre Zone and Design and Development Overlay and reduction in car parking requirement3.Planning Application 1049/18 - 35-37 Kensington Road, South Yarra – construction of 5, three storey attached townhouses over a basement car park4.Planning Amendment 0490/16 - 230-234 Toorak Road South Yarra – S72 amendment to the approved residential hotel to allow an increase in hotel rooms from 93 to 123 in conjunction with internal and external changes to the building5.Contract 2009/031 - Options to Ensure Finalisation of Contract for Agreement to Construct and Lease6.Aged Services - Update and Transition Plan 7.Shopping precinct gateway sign upgrades8.Proposed Road Discontinuance of Laneway between 851-853 Dandenong Road and 1 Clarence Street Malvern East9.Sir Robert Menzies Reserve, Malvern - Slope Stability and Retaining Wall - Progress Report10.Provision of Temporary Residential Parking Permit on Compassionate Grounds CONFLICT OF INTEREST DISCLOSURES: including time left and returned to meetingCouncillors:NilCouncil Officers: NilForm completed by: Judy Hogan 4011930133985Tabled at Council Meeting30 September 201900Tabled at Council Meeting30 September 2019ASSEMBLY OF COUNCILLORS RECORDThis Form MUST be completed by the attending Council Officer and returned IMMEDIATELY to Judy Hogan – Civic Support Officer Assembly Details:Date:Monday 9th September 2019Name of Meeting: Sustainability Advisory Committee MeetingTime: 3.30pmAssembly Location: 311 Glenferrie Road, Malvern – Meeting Room 1.4In Attendance: Councillors:Steve Stefanopoulos, Matthew Koce, Apologies: Council Officers:Rick Kwasek, Simon Holloway, Jane SpenceMatter/s Discussed:ItemTopic1 Confirmation of minutes from previous meeting2Matters arising and outstanding from previous meeting Light globe recycling trial in Toorak South Yarra libraryKerbside bin lids – opportunities to standardise colours3General businessSustainability Snapshot 2018-19Food waste recycling programPublic lighting strategyGlyphosate – weed management in StonningtonInner South-east Metropolitan Partnership – Regional Sustainability Advocacy StrategyUpdate on environment initiatives & achievementsGardiners Creek masterplanEnergy Efficiency Implementation PlanLED street lighting upgradesWater efficiency programSustainability events and programsPublic Place RecyclingCouncillor priorities4Other business5Next meeting: Monday 25 NovemberConflict of Interest Disclosures: including time left and returned to meetingCouncillors:NoneCouncil Officers: NoneForm completed by: Abbey Marie4011930133985Tabled at Council Meeting……………………………….00Tabled at Council Meeting……………………………….ASSEMBLY OF COUNCILLORS RECORDThis Form MUST be completed by the attending Council Officer and returned IMMEDIATELY to Judy Hogan – Civic Support Officer Assembly Details:Date:Tuesday 3rd September 2019Name of Meeting: Multipurpose Sport & Recreation Facility, Percy Treyvaud Memorial ParkExtraordinary Steering Committee MeetingTime: 4.30pmAssembly Location: 311 Glenferrie Road, Malvern – Committee RoomIn Attendance: Councillors:Steve Stefanopoulos, Matthew Koce, Apologies: Council Officers:Jacqui Weatherill, Rick Kwasek, Cath Harrod, Sean Ross, Stuart Draffin, Vincent Pham.Consultants:NAMatter/s Discussed: As per AgendaThis meeting was requested for discussion to take place, to discuss planning matters relating to the Multipurpose Sport & Recreation Facility- Percy Trevyaud Memorial Park.Conflict of Interest Disclosures: including time left and returned to meetingCouncillors:NoneCouncil Officers: NoneForm completed by: Abbey Marie4011930133985Tabled at Council Meeting30 September 201900Tabled at Council Meeting30 September 2019ASSEMBLY OF COUNCILLORS RECORDThis Form MUST be completed by the attending Council Officer and returned IMMEDIATELY to Judy Hogan – Civic Support Officer Assembly Details:Date:Wednesday 18th September 2019Name of Meeting: Prahran Square – Cato St Car Park Project Steering GroupTime: 4.30pmAssembly Location: 311 Glenferrie Road, Malvern – Committee RoomIn Attendance: Councillors:Steve Stefanopoulos, John Chandler, Matthew KoceApologies: Council Officers:Jacqui Weatherill, Rick Kwasek, Cath Harrod, Stuart Draffin, Matt Clear, Jane Lovell, ConsultantsAlex Robbins and Madelyn Eades-Dorsey from AECOMMatter/s Discussed: As per Agenda Items.NoItemActionDate1.0Welcome and ApologiesChair2.0Acceptance of previous minutesChair3.0Actions from previous meeting3.1CoS to prepare and provide a 6-12 month activation program for the squareMC/CH3.2George Christopoulos to prepare a detailed program and management plan for retail spacesEB3.3JL to provide report to Council on style guideJL4.0Health and Safety UpdateAR5.0BudgetAR6.0Construction ProgressAR7.0ProgramRectification of Izett StreetAR8.0Stakeholder UpdateRK9.0RisksAR10.0Other BusinessALL11.0Next Meeting – 16 October 2019Chair12.0CloseChairConflict of Interest Disclosures: including time left and returned to meetingCouncillors:NoneCouncil Officers: NoneForm completed by: Abbey Marie4011930133985Tabled at Council Meeting30 September 201900Tabled at Council Meeting30 September 2019ASSEMBLY OF COUNCILLORS RECORDThis Form MUST be completed by the attending Council Officer and returned IMMEDIATELY to Judy Hogan – Civic Support Officer Assembly Details:Date:Tuesday 30th September 2019Name of Meeting: Prahran Town Hall Redevelopment - Steering Committee Meeting #15Time: 4.00 – 5.30pmAssembly Location: 311 Glenferrie Road, Malvern – Committee RoomIn Attendance: Councillors:Cr Steve Stefanopoulos (Mayor), Cr John ChandlerApologies: Cr Melina Sehr, Cr Jami Kilsaris,Council Officers:Jacqui Weatherill (CEO), Rick Kwasek, Cath Harrod, Katherine O’Connell, James Rouse, ConsultantsMichelle Read (Consultant),Virginia Ross (VR) (WRC), Rob Gerbert (Consultant)Renee Muratore (RM) (Heritage Architect) Matter/s Discussed: As per AgendaItemTopicWho1ApologiesAll2Previous Minutes (attached)All3Heritage Victoria RFI Update:Works incorporatedSecurity DoorWindows in Functions on ChapelToilet Design Additional CubiclesDoor opening from LibraryStage Design OptionsAtriumAcoustic TreatmentMechanical GrillesDemolition openings – Bar FoyerKOVR/RG4ProgramVR5Community Infrastructure Loans SchemeKOItemTopicWho6Other BusinessAll7Next meetingDate: Tuesday 12 November 2019 Meeting Room: Committee Room311 Glenferrie Road, MalvernAllConflict of Interest Disclosures: including time left and returned to meetingCouncillors:NoneCouncil Officers: NoneForm completed by: Anne Brown ................
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