Minutes of Council Meeting - 3 June 2019€¦ · Web viewCouncil Minutes Monday 3 June 2019 Council...

MINUTESof the ORDINARY MEETING of the STONNINGTON CITY COUNCILheld in the COUNCIL CHAMBER, MALVERN TOWN HALL(CORNER GLENFERRIE ROAD & HIGH STREET, MALVERN)

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COUNCIL MINUTES

MONDAY 3 JUNE 2019

A. READING OF THE RECONCILIATION STATEMENT AND AFFIRMATION STATEMENT

B. INTRODUCTIONS

C. APOLOGIES

D. ADOPTION AND CONFIRMATION OF MINUTES OF PREVIOUS MEETING(S) IN ACCORDANCE WITH SECTION 93 OF THE ACT AND CLAUSE 49 OF GENERAL LOCAL LAW 2018 (NO 1)

1. MINUTES OF THE COUNCIL MEETING HELD ON 20 MAY 2019..........................E. DISCLOSURE BY COUNCILLORS OF ANY CONFLICTS OF INTEREST IN ACCORDANCE

WITH SECTION 79 OF THE ACT0F

1

F. QUESTIONS TO COUNCIL FROM MEMBERS OF THE PUBLIC

G. CORRESPONDENCE – (ONLY IF RELATED TO COUNCIL BUSINESS)

H. QUESTIONS TO COUNCIL OFFICERS FROM COUNCILLORS

I. TABLING OF PETITIONS AND JOINT LETTERS

J. NOTICES OF MOTION

K. REPORTS OF SPECIAL AND OTHER COMMITTEES

1. REPORTS OF COMMITTEES: IMAP..................................................................L. REPORTS BY DELEGATES

M. GENERAL BUSINESS INCLUDING OTHER GENERAL BUSINESS

1. COUNCIL PLAN 2017-2021: ANNUAL PLAN - YEAR 3 .....................................2. DRAFT 2019/20 BUDGET: CONSIDERATION OF SUBMISSIONS ........................3. ADOPTION OF 2019/20 BUDGET....................................................................4. PLANNING APPLICATION 0643/18 - 641-669 AND 675 DANDENONG

ROAD, 1, 3 AND 5 STATION PLACE AND STATION PLACE MALVERN – CONSTRUCTION OF TWO MIXED USE BUILDINGS OF 11 STOREYS AND 17 STOREYS IN HEIGHT COMPRISING SHOPS, OFFICES, FOOD AND DRINKS PREMISES AND APARTMENTS OVER BASEMENT CAR PARKING AND PUBLIC REALM WORKS .................................................................................

5. PLANNING APPLICATION 0738/18 - 64 ARMADALE STREET, ARMADALE - CONSTRUCTION OF TWO DWELLINGS ON A LOT IN A GENERAL RESIDENTIAL ZONE AND SPECIAL BUILDING OVERLAY AND A REDUCTION IN THE CAR PARKING REQUIREMENT.............................................

6. PLANNING AMENDMENT 0775/13 - 143 CANTERBURY ROAD, TOORAK - S72 AMENDMENT TO APPROVED PLANS AND PERMIT COMPRISING VARIOUS ALTERATIONS TO A 5 STOREY SINGLE DWELLING. ............................

7. PLANNING APPLICATION 0116/19 – 172-176 BURKE ROAD, GLEN IRIS – CONSTRUCTION OF A FOUR STOREY REPLACEMENT SCHOOL BUILDING TO INCLUDE A NEW LIBRARY, SCIENCE LABORATORY, OFFICE, BREAK OUT AND CREATIVE FACILITIES.......................................................................

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.

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MONDAY 3 JUNE 2019

8. COUNCIL ORDER UNDER S 26 (2) OF THE DOMESTIC ANIMALS ACT 1994 ...........................................................................................................

9. COMMUNITY GRANT REQUEST FROM KOOYONG UNDERGROUND INC..............10. FRIENDS OF BAGUIA FRIENDSHIP AGREEMENT..............................................11. SHORT STAY ACCOMMODATION....................................................................12. 1 / 8 MOTHERWELL STREET SOUTH YARRA - VEHICLE CROSSING

APPLICATION................................................................................................1. RECEIPT OF OBJECTIONS AND CONSIDERATION OF SECTION 223

SUBMISSIONS FOR THE FIVE PROPOSED SPECIAL RATES SCHEMES...............14. ENDORSEMENT OF LIVING MELBOURNE: OUR URBAN FOREST

STRATEGY...................................................................................................N. URGENT BUSINESS

O. CONFIDENTIAL BUSINESS

COUNCIL MINUTES

MONDAY 3 JUNE 2019

PRESENT : CR STEVEN STEFANOPOULOS, MAYOR

: CR GLEN ATWELL

: CR MARCIA GRIFFIN

: CR JOHN CHANDLER

: CR JUDY HINDLE

: CR MATTHEW KOCE

: CR MELINA SEHR

: CR JAMI KLISARIS

COUNCIL OFFICERS PRESENT

: SIMON THOMAS, INTERIM CEO

: GEOFF COCKRAM

: STUART DRAFFIN

: CATH HARROD

: RICK KWASEK

: HANNAH MCBRIDE-BURGESS

: JUDY HOGAN

COUNCIL MINUTES

MONDAY 3 JUNE 2019

The meeting began at 7:04pm

A. Reading Of The Reconciliation Statement Geoff Cockram General Manager Corporate Services, 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.

B. Apologies

PROCEDURAL MOTION: MOVED CR MELINA SEHR SECONDED CR GLEN ATWELL

That the apology received from Cr Chandler for non-attendance at the Council Meeting of 24 June 2019 be accepted and leave of absence granted.

Carried

The Mayor advised that he had received an apology for non-attendance at this meeting from Cr Davis and request for leave of absence.

PROCEDURAL MOTION: MOVED CR MELINA SEHR SECONDED CR GLEN ATWELL

That the apology received from Cr Davis for non-attendance at the Council Meeting of 3 June 2019 be accepted and leave of absence granted.

Carried

C. Introductions The Mayor Cr Stefanopoulos introduced the Councillors and the Interim Chief Executive Officer Simon Thomas. Mr Thomas then introduced the Council Officers.

D. Adoption And Confirmation Of Minutes Of Previous Meeting(S) In Accordance With Section 93 Of The Act And Clause 49 Of General Local Law 2018 (No 1)

1. Council Meeting - 20 May 2019

PROCEDURAL MOTION: MOVED CR JAMI KLISARIS SECONDED CR GLEN ATWELL

That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 20 May 2019 and the Minutes of the Confidential Meeting of the Stonnington City Council held on 20 May 2019 as an accurate record of the proceedings.

Carried

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E. Disclosure by Councillors of any conflicts of interest in accordance with Section 79 of the Act

Item 4 Planning Application 641-669 and 675 Dandenong Road, 1, 3 and 5 Station Place Malvern, Hannah McBride-Burgess, Acting Manager Statutory Planning, declared an indirect conflict of duty as a family member has a direct interest in the applicant company for this property.

F. Questions to Council from Members of the PublicThe Mayor, Cr Stefanopoulos, advised that during Council’s previous Ordinary Meeting no Questions to Council were submitted. He further advised that for tonight’s Ordinary Meeting of Council three (3) sets 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.

Five (5) questions from Mr Bevilacqua

The questions relate to Council’s Parking Fine’s appeal process and whether Council has independently assessed the role played by Tenix in assessing contested parking fines and what information has been presented to the Audit Committee for review of this process.

One (1) question from A & N Moghbelpour

The question relates to an objection to the proposed High Street Special Rate Scheme.

One (1) question from Mr Hurlston

The question relates to Item 2 Draft 2019/2020 consideration of budget submissions.

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.

G. Correspondence – (only if related to council business)

Cr Griffin tabled the following correspondence.

(email 29.05.19) regarding Arthur Street rubbish bins left on the street (email 27.05.19) regarding Sargood Street resurfacing request (email 3-06-19) regarding number of dogs being walked at any one time (email 02-06-19) regarding number of dogs being walked at any one time (email 25-05-19) regarding Hamilton Road and the need for attention (email 26-05-19) regarding Edwards Street Toorak between Canterbury Road and Fairbairn

Road and the spate of graffiti (email 16-05-19) regarding Edward Streets and the need for a CCTV camera (email 27-05-19) regarding tennis wall reinstatement at Caroline Gardens (email 26-05-19) y regarding tennis wall reinstatement at Caroline Gardens (emails from residents regarding Kooyong Underground (email 27-05-19) 143 Canterbury Road regarding development (email 28-05-19) 29 Canberra Road Toorak regarding damaged footpath, leaf/gutter

cleaning (email 22-05-19) regarding Claremont Street excessive litter

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Cr Chandler tabled the following correspondence.

(email 3-06-19) regarding Friends of Baguia and related Council support (email 25-05-19) regarding Toorak Road Rail Crossing and the Ferrie Oval in Kooyong

Park (email 24-05-19) regarding tree arborist report for 8 Motherwell Street South Yarra (email 3-06-19) r regarding Dog walking amendment Letter from Melbourne Dogs Just Wanna Have Fun, regarding new animal management

regulations for 4 dog limit Various emails, 16 in total regarding new animal management regulations for 4 dog limit

H. Questions to Council Officers from Councillors

A PRAHRAN RAILWAY STATION Cr Judy Hindle asked a question regarding Prahran Railway Station and its future beautification. A resident had approached her with a plan to arrange a planting at the station to make the area more pleasant . How could Council help with the provision of plants and compost?

The Acting General Manager Assets & Services responded that Council Officers would contact the resident and work with them to explore opportunities to assist with this question.

B SHARP COLLECTION SYSTEM

Cr Matthew Koce asked a question regarding the collection of sharp syringes for non-drug related sharp disposal.

The General Manager Community & Culture took the question on notice.

C CHAPEL STREET REFUSE DISPOSAL PROCESS

Cr Matthew Koce asked a question regarding the disposal of refuse bins on Chapel Street and the frequency of disposal.

The Acting General Manager Assets & Services noted that Council Officers monitor the disposal of refuse especially over weekends.

D SARGOOD STREET TOORAK DRAINAGE WORKS

Cr Matthew Koce asked a question regarding the drainage works in Sargood Street Toorak and how are they are progressing.

The Acting General Manager Assets & Services responded that design would be completed in the second half of this financial year. Dunraven Street which runs parallel is

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also programmed for reconstruction in the same time period.

E CYCLE PATHS AROUND THE YARRA RIVER AREA

Cr Marcia Griffin asked a question regarding shared walking and cycle paths in the municipality especially around the Yarra River area. Given that cyclists go very fast along tracks, does Council have any plans to manage this?

The Acting General Manager Assets & Services responded that a report would be presented to Councillor Briefing Session on this matter.

F ARTHUR STREET SOUTH YARRA

Cr Marcia Griffin asked a question regarding rubbish bins being left out on Arthur Street for days after the collection has been completed and what could be done about this? Are residents fined for this if they do not comply?

The Acting General Manager Assets & Services responded that a report would be presented to Councillor Briefing Session on this matter.

I. Tabling of Petitions and Joint Letters

Cr Chandler tabled copies of petitions requesting Council to rescind the resolution made at the Council meeting on 4 February 2019 regarding the order made under section 26(2) of the Domestic Animals Act to restrict the number of dogs that people can walk on or off lead. The Mayor noted that when original petitions are presented at Council the original of the petition will be tabled for consideration.

J. Notices of MotionNil

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MONDAY 3 JUNE 2019

K. Reports of Special and Other Committees

1 REPORTS OF COMMITTEES: IMAP

MOTION: MOVED CR STEVEN STEFANOPOULOS SECONDED CR JOHN CHANDLER That Council confirms the minutes of the Inner Melbourne Action Plan Implementation Committee (IMAP) meeting held on Friday 22 February 2019 as circulated.

Carried

Cr Koce noted that he would be raising a matter under Urgent Business regarding the Toorak Rail crossing.

The Interim Chief Executive Officer tabled the Assembly of Councillor Records for the following meetings:

Section 223 Hearings and Councillor Briefing held on 27 May 2019 Meet Your Councillors - South Ward meeting held on 22 May 2019 Meet Your Councillors – East Ward meeting held on 29 May 2019 Summary of Planning Consultative meetings held in May 2019

L. Reports of DelegatesNil

M. General Business Including Other General Business

1 COUNCIL PLAN 2017-2021: ANNUAL PLAN - YEAR 3

MOTION: MOVED CR MARCIA GRIFFIN SECONDED CR MATTHEW KOCE That Council approves the Council Plan 2017-21: Annual Plan - Year 3

Carried

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2 DRAFT 2019/20 BUDGET: CONSIDERATION OF SUBMISSIONS

MOTION: MOVED CR GLEN ATWELL SECONDED CR MARCIA GRIFFIN

That Council:

1. Considers the submissions received and notes the responses provided.

2. Having considered the submissions received and responses provided, determines that there are no adjustments to the Draft 2019/20 Budget arising from the submissions received.

Carried

3 ADOPTION OF 2019/20 BUDGET

MOTION: MOVED CR JOHN CHANDLER SECONDED CR MELINA SEHR That Council, having advertised the Draft 2019/20 Budget and having considered any submissions received in respect of such Budget, hereby resolves:

1. That pursuant to Sections 127, 130 and 223 of the Local Government Act 1989 as amended (‘the Act’) and having invited submissions relating to the Draft 2019/20 Budget (‘the Budget’) to now adopt the Budget as exhibited with the following amendment to the proposed fees and charges:

(a) The Statutory Fee - Land Information and Valuation Certificates to be $27.00 (initially proposed to be $26.30 in 2019/20).

2. That the Interim Chief Executive Officer be authorised to give public notice of the decision to adopt the Budget, in accordance with Section 130 of the Act.

3. To declare an amount of $115,257,482 (or such greater amount as is lawfully levied as a consequence of the adoption of the Recommendation) as the amount that Council intends to raise by rates, the annual service charge and other service charges.

Uniform Rate raised on the Capital Improved Value (CIV)

$93,112,523

Cultural and recreational land $128,506Amount raised by Garbage Charges $21,016,453Sub Total $114,257,48Amount to be raised by Supplementary Rates $1,000,000Total $115,257,48

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4. That in accordance with Section 127 of the Act, Council adopts the attached Budget (with the amendments referred to in point 1 above) which provides for the following:

a) Expenditure from Continuing Operations of $156.11M.

b) Schedule of Services, initiatives, major initiatives and service performance outcome indicators and measures as outlined in the attached Budget document.

c) Financial performance indicators as outlined in the attached Budget document.

d) Schedule of Financial Statements and Statement of Human Resources as outlined in the attached Budget document.

e) Schedule of 2019/20 proposed Capital Works Program as outlined in the attached Budget document.

f) Schedule of Fees and Charges as outlined in Appendix B of the attached Budget document (with the amendment referred to in point 1 above).

5. Proposed Loan Funds (borrowings) of $17.0M with the proposed amount of debt redemption being $3.5M.

6. Rates:a) That pursuant to Section 158 of the Act, a uniform rate be declared in

respect of the 2019/20 Financial Year.

b) That a percentage of 0.0999 be specified as the percentage of the uniform rate for all rateable land (which percent may alternatively be expressed as 0.000999 cents in the dollar).

c) That all rateable assessments classified as Cultural and Recreational Land and after Council having regard to the services provided and the benefit to the community derived from such recreational lands, in accordance with the provisions of the Cultural and Recreational Land Act 1963 will be charged at a rate of 0.0750 be specified as the percentage of the rate (which percent may alternatively be expressed as 0.000750 cents in the dollar) being seventy five (75%) of the declared uniform rate in the dollar.

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7. Service Charges:The Council further intends to raise service charges pursuant to Section 162(1) and Section 221 of the Act to cover costs for the collection and disposal of refuse and associated materials on the following basis:

a) An annual service charge on residential properties for waste management being a minimum charge for all properties of $259.40 in respect of each rateable and non-rateable assessment.

b) An annual service charge on commercial properties for waste management being a minimum charge for all properties of $259.40 in respect of each rateable and non-rateable assessment.

c) An annual service charge for garbage charges on residential properties for all 240 litre bins of $458.00 in respect of each rateable and non-rateable assessment that has been supplied this bin type.

d) An annual service charge for garbage charges on commercial properties for all 240 litre bins of $458.00 in respect of each rateable and non-rateable assessment that has been supplied this bin type.

e) An annual service charge for garbage charges for the provision of discounted shared bins at multiple property developments of $253.40 in respect of each rateable and non-rateable assessment that has been supplied this bin type.

f) An annual service charge for garbage charges for the provision of discounted shared bins at Menzies Malvern 1306 High Street Malvern of $129.70 in respect of each rateable and non-rateable assessment that has been supplied this bin type.

g) An annual service charge, to be known as the 120 litre bin Garden Waste Charge, of $96.00 in respect of each rateable and non-rateable assessment that has elected to receive this additional bin(s).

h) An annual service charge, to be known as the 240 litre bin Garden Waste Charge, of $130.00 in respect of each rateable and non-rateable assessment that has elected to receive this additional bin(s).

8. Government Rebates:That where a State Government rebate on rates and charges has been applied, pursuant to sub section 4 of section 171 of the Act subject to the consent of the Minister for Local Government, that Council treat any person(s) who has been excused the prescribed amount of rates and charges for the year ending 30 June 2019 in respect of any premises, being the sole or principal place of residence, as having lodged a similar application in respect of the 2019/20 financial year subject to such person(s) being eligible to continue to receive assistance in accordance with the State Concessions Act 2004.

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9. Incentives:No incentives or discounts be declared for early payment of rates and service charges.

10. Consequential:a) That Council requires any person to pay interest on any amounts or rates

or charges where.- that person is liable to pay; and- they have not been paid by the date specified for payment.

b) The interest rate fixed under Section 2 of the Penalty Interest Rates Act 1983 be applied as the interest rate set in accordance with Section 172(2) of the Act.

c) That the due date for rates and charges be set at 15 February 2020 and is deemed to be the date on which any rates or charges are declared under the provisions of the Act.

d) That where a supplementary valuation and rate has been returned resulting in an increase in the rate payable, payment can be made within two months of the effective date of the supplementary valuation or the prescribed date for full payment of rates whichever is the latter without penalty interest.

e) That the Manager Finance and/or Revenue Coordinator be authorised to levy and recover the rates, service charges, rates levied in accordance with the Cultural and Recreational Lands Act and any other fees and charges declared or levied in accordance with the Act.

11. That Council pursuant to Section 158 of the Local Government Act 1989 as amended determines that rates and charges may be paid in a lump sum, with the date on which such payment is due in the 2019/20 Financial Year being15 February 2020 as fixed by the Minister for Local Government under Section 167(2A) and (2B) of the Act.

12. That Council notes the 30 September 2019, 30 November 2019, 28 February 2020 and 31 May 2020 as the dates on which payment by four instalments of the rates or charges are due under Section 167(1) & (2) of the Act.

13. That Council notes the due date in the 2019/20 financial year for dog and cat registration under the Domestic Animals Act 1994 is 10 April 2020.

14. That in accordance with Section 130 of the Act the Budget be submitted to the Minister for Local Government.

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15. That Council notes that in accordance with Section 126 of the Act, the Strategic Resource Plan 2019/20 to 2022/23 has been developed.

16. That Council adopts the Strategic Resource Plan 2019/20 to 2022/23 in accordance with Section 126 of the Act.

Carried

Hannah McBride-Burgess, Acting Manager Statutory Planning having declared an indirect conflict, being a conflict of duty as a family member has a direct interest in the applicant company for this property, left the Council Meeting prior to discussion of Item 4. (7:33pm)

4 PLANNING APPLICATION 0643/18 - 641-669 AND 675 DANDENONG ROAD, 1, 3 AND 5 STATION PLACE AND STATION PLACE MALVERN – CONSTRUCTION OF TWO MIXED USE BUILDINGS OF 11 STOREYS AND 17 STOREYS IN HEIGHT COMPRISING SHOPS, OFFICES, FOOD AND DRINKS PREMISES AND APARTMENTS OVER BASEMENT CAR PARKING AND PUBLIC REALM WORKS

MOTION: MOVED CR MELINA SEHR SECONDED CR GLEN ATWELL

That Council advise VCAT that had a Failure to Determine appeal not been lodged, a Notice of Decision to Grant a Planning Permit No: 643/18 would have been issued for the land located at 641-669 and 675 Dandenong Road, 1, 3 and 5 Station Place and Station Place, Malvern under the Stonnington Planning Scheme for partial demolition; use and development of the land for the purposes of dwellings, offices (as of right use), shops (as of right use), food and drink premises (as of right use) and hotel (existing use) in a Commercial 1 Zone, Public Use Zone and Heritage Overlay; a reduction in the car parking requirement, and alteration of access to a road in a Road Zone, Category 1 subject to the following conditions:

1. Prior to the endorsement of any plans, the permit holder/land owner must reach written agreement with Council relating to any proposed works to be carried out within Station Place, to the satisfaction of the Responsible Authority.

2. Before the commencement of the use and development, one (1) electronic 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 VCAT Amended Plans prepared by Jackson Clements Burrows dated 26 April 2019 known as Project No. 17-075 Council date stamped 26 April 2019 but modified to show:

a) Detailed design of all ‘public spaces’ including the northern public plaza, the northern pedestrian paths and any works in Station Place and on Dandenong Road as agreed with Council. The plans must show the details of all hard and soft landscapes, paving treatments, planters, plant species, soil volumes, irrigation, footpath and pavement levels, street furniture, fencing along the railway reserve, public art, lighting scheme for the whole project including public space and the walkway and

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signage all to the satisfaction of the Responsible Authority;b) Landscape Concept Plan – Ground Level West (Tract Rev 03) to be

updated to confirm the extent of works on public land;c) Detailed design of the landscaping and paving works at No. 675

Dandenong Road and clarification in terms of how it will merge with the rest of the open space and car parking in that location including clarifying the extent of footpath and where it leads;

d) A ground floor seating plan identifying the outdoor seating areas associated with any shop/cafe (and other) tenancies, limited to a maximum floor-area to be determined by Responsible Authority;

e) The introduction of suitable wind breaks within the public plaza to ensure that the criteria for stationary activities is achieved;

f) A schedule of construction materials, external finishes and colours that confirms the reflectivity of glass and other finishes used on the building will not exceed 20% and details all glazing recommendations as per the Acoustic Report.

g) Details of all external canopy elements including all dimensions, materials and heights above ground level;

h) The location of showers and lockers required for end of trip facilities to be shown on plans in accordance with Clause 52.34;

i) Taps and drainage are to be indicated on balconies to encourage residents to provide planting on site and improve urban ecology outcomes;

j) User operable shading to the east and west facing windows to minimise low-angle sun solar heat gains;

k) Electric vehicle charging stations to be shown in the basement levels;l) The size and drainage areas connected to proposed rainwater tanks to be

confirmed;m) Apartment types 1FF, 1QQ, 2B and 2X amended to remove all doors from

the studies or an external window added or some other measure implemented to ensure daylight access to the study, to the satisfaction of the Responsible Authority;

n) Sections to confirm that the entry to the basement is protected from overland flow along Dandenong Road. The level of the vehicular crossing and ramp must be at least 200mm above the invert of the Dandenong Road kerb and channel at the property line and no lower than the existing property line level, unless otherwise agreed to by the Responsible Authority;

o) Detailed demolition drawings to show all demolition, reinstated roof forms and associated chimney elements to existing heritage structures and any proposed conservation works to the retained facades all to the satisfaction of the Responsible Authority;

p) Demolition plans to remove any enlargement of the existing opening to the building at No. 655 Dandenong Road to lower than the sill height beneath that shown in the early photographs of that building;

q) Plans to detail accessway widths, headroom clearances, sight lines and entry and internal ramp grades in accordance with Clause 52.06-9 of the Stonnington Planning Scheme;

r) Columns are to be located and dimensioned in accordance with Diagram 1 of Clause 52.06-9 of the Planning Scheme;

s) The required line marking and bollards for the accessible parking space; t) Confirm the proposed floor gradients of the parking areas with the

minimum gradient of the parking area of 1 in 100 (1.0%) for outdoor areas and 1 in 200 (0.5%) for covered areas to allow for adequate drainage as per AS2890.1;

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u) All details of the mechanical parking must be dimensioned on plans in accordance with Design Standard 4 of Clause 52.06-9 including the clear height;

v) Dimensions and product specifications for the bicycle parking spaces; w) All bicycle parking facilities to be provided at the ground floor level are to

be located to the satisfaction of the Responsible Authority and must not obstruct public pedestrian accessways;

x) All abutting floor levels along Dandenong Road are above the existing back of the footpath levels (at the property line) to prevent the inflow of drainage into the buildings unless otherwise agreed to by Council;

y) The allocation of one share car space (e.g. Flexicar) within the basement;z) Location of all air conditioning units shown and elevations to confirm

that air conditioning units on balconies are screened from all public views;

aa) Any changes as required by Conditions 6 (Waste Management Plan), 7 (Wind Analysis), 9 (Sustainable Management Plan), 12 (Landscape Plan), 14 (Car Parking Management Plan), 15 (3D Model), 18 (Acoustic Report) and any changes resulting from the requirements of VicRoads, Transport for Victoria or VicTrack;

all to the satisfaction of the Responsible Authority.

3. 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.

4. No alterations to the ‘public’ plaza space will be permitted without the prior written consent of the Responsible Authority.

5. Except with the written consent of the Responsible Authority, Jackson

Clements Burrows Architects must be retained to complete and provide architectural oversight prior to and during construction of the project as shown in the endorsed plans and endorsed schedule of materials, including but not limited to Design Development, Contract Documentation and Construction-phase quality assurance services.

6. 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 advertised Waste Management Plan prepared by Leigh Design Pty Ltd dated 4 September 2018 but modified to reflect any changes to plans as required by Condition 2.

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.

7. Concurrent with the endorsement of plans, a suitably qualified person must undertake an updated comprehensive wind tunnel test of the entire development and a Wind Climate Assessment Report must be provided for the written endorsement of the Responsible Authority. Any modifications required to the development in order to ensure acceptable wind conditions must be submitted to and approved by the Responsible Authority as part of the plans for endorsement. The design details of any wind mitigation works must receive the endorsement of the owner/applicant's wind climate experts, referencing the use of architectural features and planting to resolve any issued identified.

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8. Prior to the occupation of the development, a report from the author of the Wind Climate Assessment Report, 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 Wind Climate Assessment Report have been implemented in accordance with the approved Plan.

9. Concurrent with the endorsement of plans, an amended Sustainable Management Plan (SMP) must be submitted to and approved by the Responsible Authority. The SMP must be generally in accordance with the SMP prepared by Intrax Consulting Engineers Pty Ltd, Job Number S#97090 dated 13 June 2018 Rev C, but modified as follows:

a) Amended to match the plans endorsed pursuant to Condition 2 and any other report to be endorsed.

b) Clarify if the project is seeking official Green Star certification;c) Example energy modelling or fabric assumptions are to be provided to

demonstrate that project will meet the 10% improvement against minimum building code requirements.

d) Sample energy ratings to be provided for a representative number of units and office spaces.

e) Update to identify any measures to manage acoustic and vibration impacts from adjacent to the railway line and Dandenong Road.

f) Where trafficable balconies and terraces are connected to rainwater tanks to meet Council requirements, additional treatment of water, such as UV treatment and additional filtration is required, and supporting information must be provided on plans and within the SMP.

g) Rainwater tanks must be connected to a viable re-use option such as internal toilet-flushing, not only irrigation.

h) STORM response amended to reflect the above changes. i) Indicative site management measures or standards for the construction

phase must be identified (for example, ‘Keeping Our Stormwater Clean – A builder’s guide’ from Melbourne Water can be referenced).

When approved, the SMP will be endorsed as part of the permit and the development must incorporate the sustainable design initiatives outlined in the SMP to the satisfaction of the Responsible Authority.

10. 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.

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

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12. Concurrent with the endorsement of plans, a landscape plan to be prepared by a landscape architect or suitably qualified or experienced landscape designer, must be submitted to and approved by the Responsible Authority. When approved, the landscape plan will be endorsed and will then form part of the permit. The landscape plan must be drawn to scale with dimensions. The landscape plan must show:

a) A detailed landscape plan for all public spaces and public realm improvements;

b) A planting schedule for all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant;

c) Soil volumes for all in-situ planting;d) Revise the species of street trees beneath footpath canopies;e) If large street trees are proposed to be introduced into an area which is

surrounded by hard stand within the public realm, then appropriate below ground infrastructure must accompany this landscaping to minimise disruption (strata cells, structural soils).

f) Remove the two street trees shown directly in line with traffic lights in Dandenong Road.

g) Garden beds to be reinstated around the mature Phoenix canariensis (Canary Island Palms) located east of Glenferrie Road.


13. 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.

14. Concurrent with the endorsement of plans, a Car Parking Management Plan is to be submitted to and approved by the Responsible Authority. The Car Parking Management Plan must include:

a) A car parking allocation schedule for each of the uses within the development. The allocation schedule must increase the number of visitor parking spaces for the shops and Hotel by way of a reduction in the number of spaces for the dwellings to the satisfaction of the Responsible Authority;

b) The provision of one share car space (e.g. Flexicar) within the basement;c) Detail the signing and line marking of parking spaces;d) Details of any access controls to the parking areas; ande) Details of the access arrangements for the facilities.

When approved, the Car Parking Allocation Plan will be endorsed and forms part of the permit.

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

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16. Prior to the commencement of the development, the land owner must enter into an agreement with the Responsible Authority under Section 173 of the Planning and Environment Act, 1987. The agreement must formalise that Council's decision to allow the Owner to construct a building to the height permitted under the Planning Permit is in consideration of the Owner agreeing to provide the public realm improvements including a public plaza and pedestrian paths on private land pursuant to the conditions and obligations set out within this Agreement in perpetuity. The agreement will require that the owner must:

a) allow free and unimpeded public access over the pedestrian paths on private property along the northern boundary of the subject site and within the public plaza (Public Spaces) at all times at the Owner’s cost;

b) maintain 24 hour public access, 7 days a week, to the Public Space at the Owner's cost;

c) assume responsibility for all security and risk in the Public Spaces;d) ensure the Public Spaces are kept and maintained at all times in a

structurally sound and safe condition to the reasonable satisfaction of Council;

e) regularly clean the Public Spaces;f) ensure the Public Spaces comply with all applicable laws and legal

requirements; g) indemnify Council for any damage to the development by reason of, or in

connection with, the use of the private section of the footpath or public plaza by the public;

h) not make any claim for damages or loss of any kind against Council for any damage or injury caused to the private section of footpath or public plaza or to any person using the private section of footpath or public plaza;

i) maintain public liability insurance for the use of the private section of footpath and public plaza by the public; and

j) pay the legal costs and be responsible for the registration of the said agreement.

The agreement must be registered with the Registrar of Titles in accordance with section 181 of the Planning and Environment Act 1987 and will run with the land, including any common property that may be created as part of the subdivision of the land. All costs (including legal costs) associated with the preparation and review of the agreement and the registration of the agreement on the Certificate of Title for the land must be paid by the owner.

17. Any projection over the street must have a minimum vertical clearance above the footpath level of 2.7 metres and a minimum horizontal clearance of 750 millimetres from the street kerb unless otherwise approved in writing by the Responsible Authority.

18. Concurrent with the endorsement of the plans, an updated acoustic report must be submitted to and approved by the Responsible Authority to demonstrate how the dwellings will be acoustically treated to minimise noise transmission from the adjacent railway line and Dandenong Road to the satisfaction of the Responsible Authority.

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19. Prior to the occupation of the development hereby approved, all acoustic measures proposed in the acoustic report must be incorporated to the satisfaction of the Responsible Authority.

20. Prior to the commencement of any demolition work, an archival quality photographic record of the existing heritage buildings must be undertaken by a professional photographer in accordance with the directions provided on the Heritage Victoria website, to the satisfaction of the Responsible Authority. Once produced, the record must be deposited with the Stonnington History Centre.

21. 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. As required by the Building Regulations, 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.

22. 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 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.

23. The existing footpath and property line levels must not be lowered or altered in any way at the property line (to facilitate the basement ramp).

24. All redundant vehicular crossing must be removed and the footpath, and kerb reinstated at the owner’s cost to the satisfaction of Council.

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

26. 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.

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

28. All plant and equipment (including air-conditioning units) must be located or screened so as to minimise visibility from any of the surrounding footpaths and from overhead views and must 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

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Authority. Ventilation systems must be designed and installed in accordance with the relevant Australian Standards.

29. 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.

30. 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.

Transport for Victoria

31. Unless otherwise agreed in writing with the Head, Transport for Victoria, all necessary construction control agreements and indemnity agreements must be in place with Public Transport Victoria (PTV), VicTrack and the Rail Operator (RO) at the full cost of the permit holder, prior to works commencing (including demolition and bulk excavation).

32. Prior to the commencement of public realm works on railway land a construction control agreement must be in place with PTV, VicTrack and the RO. The agreement must include all works proposed on railway land and include a schedule of works, plans and scope. The agreement must detail the ongoing responsibilities and maintenance of works all to the satisfaction of PTV, VicTrack and the RO. The plans must show lighting, landscaping, footpaths, bicycle parking, street furniture and associated infrastructure. All works must be compliant with the Disability Standard for Accessible Public Transport 2002 to the satisfaction of PTV.

33. Prior to the commencement of works on site the permit holder must confirm to PTV the arrangements for Station Place agreed with the Responsible Authority including during construction. A Disability Discrimination Act compliant pedestrian access to railway land (Malvern Station entrance) must be provided in the final design for Station Place to the satisfaction of the Responsible Authority.

34. Before development starts, including demolition and bulk excavation, three (3) copies of a Demolition and Construction Management Plan must be submitted for approval to the satisfaction of PTV and VicTrack. The Demolition and Construction Management Plan must include details of (but not be limited to) management proposals to minimise impacts to VicTrack assets and the operation of the railway during construction and must set out objectives and performance and monitoring requirements for:

a) access to the rail environment, including designation of any areas to be used under license during the construction process;

b) approvals and permits required from PTV, VicTrack and the RO prior to works commencing and prior to accessing the rail corridor;

c) rail safety requirements that must be adhered to by the permit holder;d) Protection of all rail infrastructure to ensure rail infrastructure is not

damaged during demolition or construction;e) minimising disruption to train and tram services; f) management of drainage, effluent, material stockpiles, fencing,

hoardings to ensure VicTrack land is not used for, or impacted on by these activities outside of the licence area;

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g) public safety, amenity and site security;

h) wayfinding measures to Malvern Station during construction and retention of access through Station Place & Glenferrie Road (unless otherwise agreed with the Responsible Authority and PTV accordingly);

i) operating hours, noise and vibration controls; andj) air and dust management.

All demolition and construction works must be carried out in accordance with the approved Demolition and Construction Management Plan. The Demolition and Construction Management Plan must be implemented at no cost to VicTrack, Public Transport Victoria and/or the Rail Operator.

35. Prior to the commencement of work on site including demolition and bulk excavation detailed construction / engineering plans and computations for construction works abutting railway land, railway operations, and railway infrastructure assets must be submitted and approved by VicTrack, PTV and the Rail Operator (RO). The Plans must detail all excavation design and controls of the site adjacent to the railway corridor. The Design Plans must ensure compliance regarding:

a) building clearances to aerial power lines as per the applicable Victorian Electrical Safety (Installations) Regulations;

b) design loadings for the building from the nearest rail track is in compliance with AS5100.2-2017 Design Loads and Part 4 AS1170.4 Earthquake action Australia;

c) working adjacent to overhead power to the satisfaction of the RO;d) demonstrate compliance with air, light and fire requirements without

reliance on railway land; and e) balcony and window treatments eliminate any risk of debris falling or

being thrown onto station access and platforms.

36. Unless otherwise agreed in writing with Public Transport Victoria (PTV) and VicTrack, windows, doors and balconies must not be placed on the title boundary with Railway Land and no windows or doors are permitted to open beyond the Railway Land title boundary to the satisfaction of PTV and VicTrack.

37. Prior to the commencement of the works including demolition and bulk excavation, a Traffic Management Plan must be submitted to PTV for endorsement, which outlines how traffic will be managed throughout the construction of the development and mitigate impacts to public transport to the satisfaction of PTV. All traffic management and mitigation costs must be at the full cost of the permit holder and in accordance with the approved Traffic Management Plan to the satisfaction of PTV. The Plan may interface with any plan requested by the Responsible Authority. The permit holder must ensure that no disruption to bus, tram & train operations is proposed during construction.

38. Unless otherwise agreed in writing with PTV, prior to the commencement of works, the permit holder must prepare a report, to the satisfaction of PTV & the RO, by a suitable qualified consultant, which demonstrates that all building materials (including glass / window treatments) visible from the rail corridor are non-reflective such that it will not adversely impact on rail operations and driver safety. The development must avoid using red, green or yellow colour

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schemes that may interfere with driver operations.

39. The permit holder must pay any RO, PTV & VicTrack costs required for any documentation or construction works review required as part of the approved permit / development.

During Construction

40. The permit holder must avoid disruption to tram operation along Glenferrie Road during the construction of the development. Any planned disruptions to tram operation during construction and mitigation measures must be communicated to and approved by Public Transport Victoria and Yarra Trams a minimum of thirty-five days (35) prior.

41. The permit holder must ensure that all track, tram and overhead infrastructure is not damaged. Any damage to public transport infrastructure must be rectified to the satisfaction of Public Transport Victoria at the full cost of the permit holder.

42. Unless otherwise agreed in writing with VicTrack, permanent or temporary soil anchors must not be installed on railway land.

43. No lighting is to be erected that throws light onto the railway tracks or which interferes with the visibility of signals and the rail lines by train drivers.

44. No drainage, effluent, waste, soil or other materials must enter or be directed to railway land or stored or deposited on railway land.

45. Prior to commencement of works, the RO must be contacted through the email address [email protected] to obtain the RO’s conditions and safety requirements for works on, over or adjacent to railway land. Entry onto railway land is at the discretion of the Rail Operator and is subject to the Rail Operators Site Access Procedures and conditions.

46. The permit holder must, at all times, ensure that the common boundary with railway land is fenced to prohibit unauthorised access to the rail corridor. Any walls or fences on the common boundary with railway land must be cleaned and finished using a graffiti proof finish or alternative measures used to prevent or reduce the potential of graffiti.

47. Access to VicTrack land during construction and for maintenance purposes after completion will require permission from the Rail Operator and will be subject to the Rail Operator site access procedures and conditions.

Prior to Occupation

48. Prior to the occupation of the development, all works within the construction control agreements must be completed at the full cost to the permit holder, to the satisfaction of PTV, VicTrack & the RO, and compliant with the Disability Standard for Accessible Public Transport 2002.

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VicRoads Conditions

49. Before the development starts, amended plans must be submitted to and approved by the Roads Corporation (VicRoads). When approved by VicRoads, the plans may be endorsed by the Responsible Authority and will then form part of the permit. The plans must be generally in accordance with the submitted plans and annotated as but modified to show:

a) Any security boom, barrier, gate or similar device controlling vehicular access to the premises must be located a minimum of 7m inside the property to allow vehicles to store clear of the Dandenong Road pavement and footpath.

50. Prior to the commencement of the use or occupation of the buildings hereby approved, a revised Traffic Signal Plan, that includes an additional Controller Box, for the Dandenong Road / Hawthorn Road / Railway Avenue / Glenferrie Road / POS (pedestrian operated signals) Intersection, prepared by a pre-qualified consultant, must be submitted to the Roads Corporation (VicRoads) for review and approval.

51. Prior to the commencement of the use or occupation of the buildings hereby approved, all works within the road reserve must be completed in accordance with the approved Traffic Signal Plan, to the satisfaction of and at no cost to VicRoads.

52. Prior to the commencement of the use or occupation of the buildings hereby approved, all disused or redundant vehicle crossings must be removed and the area reinstated to the satisfaction of the Responsible Authority (RA) and at no cost to VicRoads or the RA.

53. Prior to the commencement of the use or the occupation of the buildings or works hereby approved, the access crossover(s) and associated works must be provided and available for use.

54. Vehicles must enter and exit the land in a forward direction at all times.

55. Before the development starts, amended plans must be submitted to and approved by the Roads Corporation (VicRoads). When approved by VicRoads, the plans may be endorsed by the Responsible Authority and will then form part of the permit. The plans must be generally in accordance with the submitted plans and annotated as but modified to show:

a) The section of single width access way on Basement Level 1 near the site access:

i. Increased to at least 5m wide to achieve two free-flowing lanes, andii. The traffic lights deleted.

VicTrack Conditions56. All balconies and deck areas to dwellings (apartments) setback at least 1.0

metre from the common title boundary with the rail corridor (VicTrack land).

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57. The permit holder must not carry out, or allow to be carried out, any excavation, filling or construction on the common boundary between the subject land and the railway land unless it has obtained the prior written approval of VicTrack and the Rail Operator.

58. The permit holder must, at all times, ensure that the common boundary with railway land is fenced at the permit holder's expense to prohibit unauthorised access to the rail corridor. Fencing of railway land must be a minimum of 1.8 metres high black chain mesh construction.

59. The permit holder must not, at any time;a. allow any drainage, effluent, waste, soil or other materials to enter or be

directed to the railway land; orb. store or deposit any waste, soil or other materials on the railway land.

60. The permit holder must not plant any plants or tree species that are likely to cause future overhang onto the railway land or disturbance to the railway operations.

61. The permit holder must not enter any railway land without the written consent of the Rail Operator. If the permit holder has obtained the Rail Operator's written consent to enter the railway land, the permit holder must comply with the Rail Operator's Site Access Procedures and Conditions when accessing the railway land.

62. Before the commencement of the development, including demolition or bulk excavation, the permit holder must contact the Rail Operator through the email address [email protected] to obtain the Rail Operator's conditions and safety requirements for works on, over or adjacent to the railway land. The permit holder must comply with the Rail Operator's reasonable requirements for works on, over or adjacent to the railway land.

63. Prior to the commencement of works, including demolition and bulk excavation, the permit holder must enter into all necessary construction control and indemnity agreements as required by the Rail Operator.

64. During the construction of the development, including demolition and bulk excavation, the permit holder must: a) take all reasonable steps to avoid disruptions to rail operations; andb) comply with:

i. the Rail Operator's safety and environmental requirements; andii. the requirements of any construction control and indemnity

agreement it has entered into with the Rail Operator.

65. The permit holder must not install, or cause to be installed, any permanent or temporary ground anchors within the railway land.

66. All works, including hoardings, must be undertaken within the subject land and must not encroach onto the railway land.

67. Any wall which may be permitted to be located on the railway reserve boundary must be cleaned and finished using a graffiti resistant finish or alternative measures used to prevent or reduce the potential of graffiti.

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68. The permit holder must not at any time erect lighting (permanent or temporary) that spills light onto the railway tracks or which interferes with the visibility of signals and rail lines by train drivers.

69. Before the commencement of the development, including demolition and bulk excavation, detailed construction engineering plans and computations for any construction or works likely to have an impact on railway operations, railway infrastructure assets or railway land are to be submitted to, and approved by, VicTrack in consultation with the Rail Operator. The plans must detail all excavation of the site adjacent to the railway corridor having any impact on the railway land. The construction or works must be carried out in accordance with the plans approved by VicTrack and the Rail Operator.

70. Before the commencement of the development, including demolition and bulk excavation, amended plans must be submitted to, and approved by, the Responsible Authority in consultation with VicTrack. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans submitted with the application but modified to show that the development, including temporary structures, maintains all the clearances required to be maintained from all railway infrastructure (including without limitation 22kV AC lines and overhead wiring structures) under the Electrical Safety Act 2009 (Vic) and the Electrical Safety Regulations (including the Energy Safety (Installation) Regulations 2009 page 75 Table 313 Rows C and D). The development must be constructed in accordance with the plans approved by the Responsible Authority.

71. Before the commencement of the development, including demolition or bulk excavation, the permit holder must contact VicTrack through the email address [email protected] to obtain the VicTrack's conditions and safety requirements for works on, over or adjacent to the railway land.

72. The permit holder must ensure public transport infrastructure is not damaged as a result of the works and is not altered without prior consent of VicTrack. Any damage to public transport infrastructure must be rectified to the satisfaction of VicTrack at the full cost of the permit holder.

VicTrack Conditions End

73. 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 five years of the date of this

permit. c) The use is not commenced within six 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.

NOTES:

A. The works with Station Place require approval and finalisation of a road discontinuance and sale application for the agreed portion of road. This

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is managed by Council under the Local Government Act 1989. The associated process is subject to its own conditions including public consultancy. A successful outcome cannot be guaranteed and the issue of the permit does not indicate any Council support to such.

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

C. 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.

D. This property is located in a Heritage Overlay and planning permission may be required to demolish or otherwise externally alter any existing structures. External alterations include paint removal and any other form of decoration and works, but does not include re-painting an already painted surface.

E. The owners and occupiers of the dwelling/s hereby approved are not eligible to receive “Resident Parking Permits”.

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

i. Before or within 6 months after the permit expiry date, where the development allowed by the permit has not yet started; and

ii. Within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires.

VICROADS NOTES:

G. No work must be commenced in, on, under or over the road reserve without having first obtaining all necessary approval under the Road Management Act 2004, the Road Safety Act 1986, and any other relevant acts or regulations created under those Acts.

H. The preparation of the Traffic Signal Plan and the construction and completion of all work must be undertaken in a manner consistent with current VicRoads’ policy, procedures and standards and at no cost to VicRoads. In order to meet VicRoads’ requirements for these tasks the applicant will be required to comply with the requirements documented as “Standard Requirements - Externally Funded Projects” and any other requirements considered necessary depending on the nature of the work.

RECOMMENDATION B:

That the works over and under Station Place be permitted, subject to the relevant legal agreements and processes being undertaken and approved by Council, prior to the endorsement of plans.

The works within Station Place require approval and finalisation of a road

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discontinuance and sale application for the agreed portion of road. This is managed by Council under the Local Government Act 1989. The associated process is subject to its own conditions including public consultancy. A successful outcome cannot be guaranteed and the issue of the permit does not indicate any Council support to these requirements.

A Division was called by Cr Stefanopoulos:For: Crs John Chandler, Melina Sehr, Jami Klisaris, Matthew Koce, Marcia Griffin,

Glen Atwell and Steven StefanopoulosAgainst: Cr Judy HindleAbsent: Cr Sally Davis

Carried

Ms McBride-Burgess returned to the meeting at 7:39pm following conclusion of the above item.

5 PLANNING APPLICATION 0738/18 - 64 ARMADALE STREET, ARMADALE - CONSTRUCTION OF TWO DWELLINGS ON A LOT IN A GENERAL RESIDENTIAL ZONE AND SPECIAL BUILDING OVERLAY AND A REDUCTION IN THE CAR PARKING REQUIREMENT.

MOTION: MOVED CR JUDY HINDLE SECONDED CR MELINA SEHR

That consideration of planning application 0738/18 – 64 Armadale Street, Armadale be deferred for one Council meeting cycle.

Carried

6 PLANNING AMENDMENT 0775/13 - 143 CANTERBURY ROAD, TOORAK - S72 AMENDMENT TO APPROVED PLANS AND PERMIT COMPRISING VARIOUS ALTERATIONS TO A 5 STOREY SINGLE DWELLING.

MOTION: MOVED CR JOHN CHANDLER SECONDED CR MARCIA GRIFFIN

That a Notice of Decision to Amend a Planning Permit No: 775/13 for the land located at 143 Canterbury Road, Toorak be issued under the Stonnington Planning Scheme for a Section 72 Amendment to approved permit and plans comprising of the following changes:

Amended Permit Conditions

1. Before the commencement of the development, an electronic 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 Council date stamped 23 April 2019 but modified to show:

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a) Deletedb) The fence to the north of the driveway modified so that either no part of

the wall within 2m of the front boundary is higher than 1 m, or the fence is deleted within 2m of the front boundary;

c) Deletedd) Deletede) The southern and northern ends end of the first floor balcony facing

Canterbury Road screened to ensure overlooking cannot occur into the habitable room windows on the adjoining dwelling to the south (141 Canterbury Road) and north (145 Canterbury Road). Screening to comply with Standard A15 of the Stonnington Planning Scheme;

f) The front wall of the third and fourth floors setback from Canterbury Road a minimum of 3.0m;

g) Deletedh) Details, including sections where relevant, of all proposed overlooking

screening. All screening must demonstrate compliance with Standard A 15 of the Stonnington Planning Scheme;

i) The existing crossover marked as being retained without change;j) Confirmation that a minimum clearance height of 2.2m is provided at all

points within the garage, including beneath the entry;k) Garage floors to be noted as having a minimum gradient of 1 in 200 as

per AS2890: 1;l) A Water Sensitive Urban Design response in accordance with condition

3;m) Deletedn) Details of Tree Protection Zones drawn on the plans in accordance with

condition 6;o) Pedestrian sight distance triangles are to be fully dimensioned and

shown on the plans in accordance with Clause 52.06-9 and compliance with Clause 52.06-9 must be achieved;

p) Annotation showing area of third floor balcony correctly shown on corresponding floor plan;

q) Relocation of pedestrian path to south side of landscaped area at ground floor frontage and associated changes to entrance;

r) Provision of a small tree or shrub within the front setback at ground floor with a minimum mature height of 2-4m with details of planter box clearly shown.

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 any plans pursuant to Condition 1, the applicant must provide a Water Sensitive Urban Design Response addressing the Application Requirements of the Water Sensitive Urban Design Policy at Clause 22.18 to the satisfaction of the Responsible Authority. The WSUD response must clearly detail the following:

a) All permeable and impermeable surfaces and how each is to be treated;b) Details of all connections from roof areas draining to the rain water

collection tank and connections of the tank to toilets (if applicable);

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c) If trafficable areas are proposed to be drained to the rain water tanks, filtration, or similar treatment, must be detailed to ensure water drained to the tank is of appropriate quality. Alternatively, these areas should be directed to rain gardens; and

d) Notes on relevant plans and documents that all toilets are plumbed to the rain water collection tank.

4. The project must incorporate the Water Sensitive Urban Design initiatives detailed in the endorsed site plan and/or Water Sensitive Urban Design response.

5. Deleted

6. Tree Protection details must be shown on all relevant plans to the satisfaction of the Responsible Authority including:

a) Before the development (including excavation and demolition) starts, tree protection fences must be erected around the street tree adjacent the front boundary of the subject site. Fencing is to be in compliance with Section 4 of AS 4970.

The ground surface of the Tree Protection Zones must be covered by a 100mm deep layer of mulch before the development starts and be watered regularly to the satisfaction of the Responsible Authority.

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

b) No excavation for the provision of services can be made within the structural root zone of any of the street trees.

7. The level of the footpaths, roads or rights of way must not be lowered or altered in any way to facilitate access to the site.

8. 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.

9. 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.

10. No plant and equipment to be visible from surrounding footpaths, and be baffled to the satisfaction of the Responsible Authority.

11. 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. As required by the Building Regulations, the relevant building surveyor must check and approve the drainage design and ensure that protection of the building is

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provided from a 1 in 100 A.R.I. storm. (Please do not state drainage design to satisfaction of Council, that is the responsibility of the relevant building surveyor to check and approve in accordance with the report and ‘recommendations’ for the legal point of discharge).

12. 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 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.


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 started within two years from 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 ex1ension 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) This permit application was not assessed against the provisions of Clause 54 - One Dwelling on a Lot (ResCode) of the Stonnington Planning Scheme. As such, it is the responsibility of the applicant/owner to appoint a Registered Building Surveyor to determine compliance of the endorsed plans associated with the issue of this Planning Permit against Part 4 of the Building Regulations 2006. Non-compliance with any Regulation will require dispensation from Council's Building Control Services Department.

c) The crossover must be constructed to Council's Standard Vehicle Crossover Guidelines unless otherwise approved by the Responsible Authority.

d) Nothing in this permit hereby issued shall be constrùed to allow the removal of, damage to or pruning of a significant tree (including the roots) without the further written approval of Council.

e) "Significant tree" means a tree:

with a trunk circumference of 180 centimetres or greater measured at its base; orwith a trunk circumference of 140 centimetres or greater measured 1.5m above its base; orlisted on the Significant Tree Register.

Please contact the Council Arborists on 8290 1333 to ascertain if permission is

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required for tree removal or pruning or for further information and protection of trees during construction works.

f) 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.

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


ii. Within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires

Changes to the Plans

The overall maximum height of the building to the top of the lift overrun reduced by 700mm

Relocation of the internal lift and stairs Changes to the internal layout Deletion of planter boxes and landscaping at second and fourth floors Alternate external materials and finishes Alternate door and window fenestration Revised setbacks Previous NGL line (as per endorsed plans) shown relative to actual NGL Revised first and third floor balconies New domestic swimming pool at fourth floor Reduced terrace at fourth floor Fourth floor external wall height at south boundary lowered

Carried

7 PLANNING APPLICATION 0116/19 – 172-176 BURKE ROAD, GLEN IRIS – CONSTRUCTION OF A FOUR STOREY REPLACEMENT SCHOOL BUILDING TO INCLUDE A NEW LIBRARY, SCIENCE LABORATORY, OFFICE, BREAK OUT AND CREATIVE FACILITIES

MOTION: MOVED CR GLEN ATWELL SECONDED CR JAMI KLISARIS

That a Notice of Decision to Grant a Planning Permit No: 116/19 for the land located at 172-176 Burke Road, Glen Iris be issued under the Stonnington Planning Scheme for demolition of buildings and construction of a new school building associated with an existing education centre (section 2 use) in a General Residential Zone, Incorporated Plan Overlay and Heritage Overlay subject to the following conditions:

1. Before the commencement of the development, 1 copy of plans drawn to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the plans : TP000, TP001, TP002, TP003, TP004, TP005, TP006, TP007, TP008, TP009, TP010 Rev

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TP4 and Council date stamped 16 April 2019 but modified to show:

a) A green roof as per the BESS Report;b) Remove reference to “builder’s compound, site sheds and parking”;c) All roof and other catchment areas draining to the rainwater tank and rain

garden respectively; d) Design measures as identified in the BESS Report, as required to meet

Council’s best practice standards;e) Glazing specifications included in the architectural documentation to be

consistent with and informed by the energy and daylight modelling;f) All operable windows, doors, and vents in elevation drawings, including

any that are obstructed by exterior screening;g) Exterior shading for all east, north and west windows greater than 1.5

square metres, to shade at least 40% from 11am to 3pm in the summer months;

h) Planting locations within the building, and any associated taps and drains;


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. Prior to the commencement of the development, 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) The landscape response for around the new building and green roof;b) Water efficient gardens as detailed in the BESS Report;c) Details of any irrigation systems and their connections to the rainwater

tank;d) Location of the raingarden.

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 any plans pursuant to Condition 1 a Sustainable 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 include, but not limited to, the following:

a) Demonstrate how Best Practice measures from each of the 10 key Sustainable Design Categories of Stonnington Council’s Sustainable Design Assessment in the Planning Process (SDAPP) have been

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addressedb) Identify relevant statutory obligations, strategic or other documented

sustainability targets or performance standardsc) Document the means by which the appropriate target or performance is

to be achieved d) Identify responsibilities and a schedule for implementation, and ongoing

management, maintenance and monitoring.e) Demonstrate that the design elements, technologies and operational

practices that comprise the SMP can be maintained over time.f) A STORM Rating Report with a score of at least 100% or equivalent, and

supporting documentation describing how clause 22.18 will be met.g) A complete, published BESS Report, with an overall score that

legitimately exceeds 50% and exceed the ‘pass’ marks in the categories of Water, Energy Stormwater and IEQ (indoor environment quality).

h) A JV3 energy modelling report, as supporting evidence for BESS Energy, showing that the proposed building fabric alone is able to exceed NCC levels by no less than 15%.

i) A daylight modelling report, showing results overlaid on floor plans, all internal and external obstructions included in the modelling, and glazing specifications consistent with any energy modelling and architectural documentation.

j) Commit to controlling all service and lift area lighting and ventilation with occupancy sensors.

k) Commit to diverting at least 80% of construction/demolition waste from landfill.

l) Submit a water balance calculation justifying the rainwater tank capacity, based on long-term average rainfall data, collection areas and expected end uses, which is in compliance with the AS6400 standard of 1 full- and 4 half-flushes per person per day (giving 16.5 L/person/day for 4 star WELS rated toilet). A new rainwater tank size should be selected based on the revised calculations, ensuring adequate reliability of supply is maintained. Alternately, increase the size of the rainwater tank to 25 kL.

m) Connect the rainwater tanks to all toilet flushing, irrigation and bin area wash-down.

to the satisfaction of the Responsible Authority

6. 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 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

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

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9. Any 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.

10. 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.


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.

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

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

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

d) with a total circumference of all its trunks of 180 cm or greater measured at its base.Please contact the Council Arborists on 8290 1333 to ascertain if permission is required for tree removal or pruning or for further information and protection of trees during construction works.

C. This property is located in a Heritage Overlay and planning permission may be required to demolish or otherwise externally alter any existing structures. External alterations include paint removal and any other form of decoration and works, but does not include re-painting an already painted surface.

D. 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.

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

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request is made in writing within the following timeframes:


ii. Within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires.

F. 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.

Carried

8 COUNCIL ORDER UNDER S 26 (2) OF THE DOMESTIC ANIMALS ACT 1994

MOTION: MOVED CR MATTHEW KOCE SECONDED CR JAMI KLISARIS

That:

1. Council carries out a consultation process in relation to a limitation on a person to have no more than four (4) dogs at any one time within a park, reserve or other public place within the municipality of Council.

2. The consultation process include the use of intercept interviews, an online submission process and notices in public areas.

3. Previous correspondents on this matter be advised of this decision of Council.

4. A further report to Council on the outcome of the consultation process is presented, upon conclusion of the consultation process.

Carried

9 COMMUNITY GRANT REQUEST FROM KOOYONG UNDERGROUND INC.

MOTION: MOVED CR GLEN ATWELL SECONDED CR JUDY HINDLE That Council refuse the out-of-round application for a Community Grant of $20,000 from Kooyong Underground Incorporated.

A Division was called by Cr Stefanopoulos:For: Crs Glen Atwell, Judy Hindle and Steven Stefanopoulos

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Against: Crs John Chandler, Melina Sehr, Jami Klisaris, Matthew Koce and Marcia Griffin

Absent: Cr Sally DavisLost

PROCEDURAL MOTION: MOVED CR MATTHEW KOCE SECONDED CR MARCIA GRIFFIN

That That Council support the out-of-round application for a Community Grant of $10,000 from Kooyong Underground Incorporated subject to the satisfactory submission of an online application and documentation from the Kooyong Underground Incorporated for an out of round grant through Council’s Smarty Grants Program.

A Division was called by Cr Hindle:For: Crs John Chandler, Melina Sehr, Jami Klisaris, Matthew Koce and Marcia

GriffinAgainst: Crs Glen Atwell, Judy Hindle and Steven StefanopoulosAbsent: Cr Sally Davis

Carried

10 FRIENDS OF BAGUIA FRIENDSHIP AGREEMENT

MOTION: MOVED CR GLEN ATWELL That Council:1. Note the report; and2. Refer Friends of Baguia to apply to Community Grants for in-kind funding.

The motion lapsed as no seconder.

PROCEDURAL MOTION: MOVED CR JOHN CHANDLER SECONDED CR MELINA SEHR

That Council enter into a new agreement with Friends of Baguia in accordance with the existing agreement and continue ongoing funding through the Council Community Grants Program budget with Friends of Baguia.

PROCEDURAL MOTION: MOVED CR STEVEN STEFANOPOULOS SECONDED CR MARCIA GRIFFIN

That consideration of Friends of Baguia Friendship Agreement be deferred for two Council Meeting cycles.

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The motion for deferral was put and declared carried on the casting vote of the Mayor.

11 SHORT STAY ACCOMMODATION

MOTION: MOVED CR JOHN CHANDLER SECONDED CR MATTHEW KOCE

That:

1. The report to Council presenting issues related to short stay accommodation in Stonnington is noted.

2. Officers continue to monitor developing operating patterns and potential issues related to short stay accommodation in Stonnington and other municipalities.

3. Council subscribe to AirDNA and access analytics and reports on short-stay accommodation to inform future decisions by Council.

4. Officers report back to Council with data and trend analysis after a 12 month observation period.

Carried

12 1 / 8 MOTHERWELL STREET SOUTH YARRA - VEHICLE CROSSING APPLICATION

MOTION: MOVED CR GLEN ATWELL SECONDED CR JUDY HINDLE

That Council:

1. Refuse the Vehicle Crossing Application for 1/8 Motherwell Street on the basis of non-compliance with Council’s Vehicle Crossing Policy and the Urban Forest Strategy objective to prevent inappropriate loss of significant street trees, vegetation and landscaping;

2. Advise the Applicant of Council’s decision.

A Division was called by Cr Hindle:For: Crs Melina Sehr, Jami Klisaris, Glen Atwell, Judy Hindle and Steven

StefanopoulosAgainst: Crs John Chandler, Matthew Koce and Marcia GriffinAbsent: Cr Sally Davis

Carried

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13 RECEIPT OF OBJECTIONS AND CONSIDERATION OF SECTION 223 SUBMISSIONS FOR THE FIVE PROPOSED SPECIAL RATES SCHEMES

MOTION: MOVED CR GLEN ATWELL SECONDED CR MARCIA GRIFFIN That:1. Council receive and consider the objections and submissions made in respect of

the proposed five Special Rates Schemes; and2. Further reports be prepared considering the declaration of the five Special Rate

Schemes.Carried

14 ENDORSEMENT OF LIVING MELBOURNE: OUR URBAN FOREST STRATEGY

MOTION: MOVED CR JUDY HINDLE SECONDED CR GLEN ATWELL That Council:

1. Endorse the Living Melbourne: our metropolitan urban forest (Living Melbourne) strategy.

2. Supports Living Melbourne’s Vision, Goals and Actions and commits to work in partnership with the other endorsing organisations towards its implementation.

3. Authorises the use of the City of Stonnington logo to appear as an endorsing organisation in the designed version of Living Melbourne which will be launched in June 2019

A Division was called by Cr Hindle:For: Crs John Chandler, Melina Sehr, Jami Klisaris, Matthew Koce, Marcia

Griffin, Glen Atwell, Judy Hindle and Steven StefanopoulosAgainst: NilAbsent: Cr Sally Davis

Carried unanimously

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N. Urgent Business

PROCEDURAL MOTION: MOVED CR MATTHEW KOCE SECONDED CR MELINA SEHR

That a matter regarding the Toorak Road crossing removal be considered under Urgent Business.

Carried

PROCEDURAL MOTION: MOVED CR MATTHEW KOCE SECONDED CR MELINA SEHR

That Council:

a. Reaffirms its preference for ‘rail under’ Toorak Road and not ‘rail over’ as the most appropriate design solution for the removal of the current level crossing on Toorak Road.

b. Council welcomes the $250+ million in Commonwealth Government funding for a ‘rail under’ solution to the nearby Kooyong (Glenferrie Road) level crossing.

c. Council calls on the Victorian State Government to accept the Commonwealth Government funding offer for a ‘rail under’ solution to the nearby Kooyong (Glenferrie Road) level crossing.

d. Council calls on the Victorian State Government to ensure that the design of the level crossing at Toorak Road is compatible and complementary to a ‘rail under’ solution for Kooyong (Glenferrie Road) level crossing.

e. Notes that exclusively designing rail removal for Toorak Road, Kooyong, in isolation of the remaining level crossings at Glenferrie Road, Kooyong, Tooronga Road, Malvern and High Street, Glen Iris results in a design that does not represent best value for taxpayer money; is not future proof; and will result in sub optimal short, medium and long term outcomes for public transport users, motorists, cyclists, pedestrians, residents and park users.

f. Council again calls on the Victorian State Government to work in partnership with all levels of Government to deliver the lowering of the rail line at Toorak Road.

g. Highlights that the Victorian Auditor-General’s Report 2017 (Managing the Level Crossing Removal Program) states that:

‘a comprehensive business case is important for large investments and should be prepared prior to making an investment decision. It provides confidence to decision makers that the: strategic justification for the investment is valid right investment option is selected government can deliver the investment as planned’.

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h. Council and the community have not been provided with any such business case and seeks the public release of this document.

i. Council reaffirms its significant disappointment at the lack of consultation with the community on the three options for removal of the Toorak Road level crossing.

j. In the interests of transparency and genuine community engagement, Council calls on the Victorian State Government and LXRP to release the full costings, technical reports and design details of the three different options it has developed for removal of the level crossing (being rail under road, rail over road and a hybrid of both).

k. Council requests a Community Reference Group (CRG) be established as soon as practicable.

l. Council highlights the Burke Road level crossing removal (adjacent to Gardiner Station) as a positive example in terms of community consultation and acceptable outcomes.

m. Council reaffirms its concern at the loss of significant trees and vegetation along the rail alignment and on its own parkland, due to the removal of the level crossing and is committed to its adopted Urban Forest Strategy.

n. Council reasserts its concern at the proposed setback of the rail alignment from Talbot Crescent, which is inadequate to allow for meaningful landscaping and will not achieve sufficient screening of the proposed elevated rail structures.

o. Council reasserts that it does not accept that land overshadowed and under a rail overpass is of the same quality as nearby open parkland at Sir Zelman Cowen Park and Tooronga Park. Council opposes the compulsory acquisition of heavily utilized and valued parklands, sporting fields or public open space as part of a rail over road level crossing removal.

p. Council reasserts that the City of Stonnington has the second lowest amount of public open space in Victoria, Council calls on the LXRP and the Victorian Government to do everything possible to avoid the use of public parklands and sporting fields owned by Stonnington Council during construction.

A Division was called by Cr Koce:For: Crs John Chandler, Melina Sehr, Jami Klisaris, Matthew Koce, Marcia Griffin,

Glen Atwell, Judy Hindle and Steven StefanopoulosAgainst: NilAbsent: Cr Sally Davis

Carried unanimously

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O. Confidential Business

PROCEDURAL MOTION: MOVED CR MELINA SEHR SECONDED CR MARCIA GRIFFIN

That the meeting be closed to the public to consider the following matters that are confidential in accordance with Section 89 (2) of the Local Government Act 1989 for the reasons specified (8:40pm):

Confidential Matter Reason for Confidentiality

1. Reports of Committees: IMAP 89 (2)(h) a matter which the Council or special committee considers would prejudice the Council or any person

2. Lease Arrangement; Council Property 89 (2)(d) contractual matters

Carried

PROCEDURAL MOTION: MOVED CR GLEN ATWELL SECONDED CR JUDY HINDLE

That the meeting be re-opened to the public (8:44pm).Carried

There being no further business the meeting closed at 8:44pm.

Confirmed on Monday 24 June 2019

...................................................................................CR STEVEN STEFANOPOULOS, MAYOR

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ASSEMBLY OF COUNCILLORS RECORD

This Form MUST be completed by the attending Council Officer and returned IMMEDIATELY to Judy Hogan – Civic Support Officer

ASSEMBLY DETAILS

Date: Monday 27 May 2019 Councillor Briefing

Time: 6pm

Assembly Location: Section 223 Hearing held in the Council Chamber Malvern own Hall before reconvening for Briefing in the Committee Room, Level 2, 311 Glenferrie Road, Malvern at 7.17pm

IN ATTENDANCE

Councillors:Cr S Stefanopoulos (Mayor)

Cr G Atwell (apology) Cr J Klisaris (apology)

Cr J Chandler Cr J Hindle Cr M GriffinCr M Koce Cr M Sehr (7.17pm) Cr S Davis

Council Officers:Simon Thomas (Interim CEO)

Stuart Draffin Rick Kwasek

Cath Harrod Geoff Cockram Fabienne ThewlisTracey Limpens (left 10.38pm)

Sheridan Harley (8.52pm, left 9.37pm)

Hannah McBride – Burgess (9.37pm, left 9.48pm)

Simon Holloway (8.52pm, left 10.33pm)

Jon Gorst (left 8.52pm) Robert Smart (left 8.52pm)

Liz Daley (9.45pm, left 10.20pm)

Madeleine Grove (9.45pm, left 10.09pm)

Andrew Carcelli (left 8.52pm)

Christina Foscolos (9.45pm, left 10.09pm)

Michael Van Oosterwijck (9.45pm, left 10.09pm)

Dalique Knight (left 8.52pm)

Guest: Chris Cantor Maddocks (left 8.52pm)

Matter/s Discussed:1. 6.00PM HEARING OF SUBMISSIONS: DRAFT 2019/20 BUDGET2. HEARING OF SECTION 223 SUBMISSIONS ON THE FIVE PROPOSED SPECIAL RATE SCHEMES3. PLANNING APPLICATION 0643/18 - 641-669 AND 675 DANDENONG ROAD, 1, 3 AND 5 STATION

PLACE AND STATION PLACE MALVERN – CONSTRUCTION OF TWO MIXED USE BUILDINGS OF 11 STOREYS AND 17 STOREYS IN HEIGHT COMPRISING SHOPS, OFFICES, FOOD AND DRINKS PREMISES AND APARTMENTS OVER BASEMENT CAR PARKING AND PUBLIC REALM WORKS

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4. PLANNING APPLICATION 0738/18 - 64 ARMADALE STREET, ARMADALE - CONSTRUCTION OF TWO DWELLINGS ON A LOT IN A GENERAL RESIDENTIAL ZONE AND SPECIAL BUILDING OVERLAY AND A REDUCTION IN THE CAR PARKING REQUIREMENT.

5. PLANNING AMENDMENT 0775/13 - 143 CANTERBURY ROAD, TOORAK - S72 AMENDMENT TO APPROVED PLANS AND PERMIT COMPRISING VARIOUS ALTERATIONS TO A 5 STOREY SINGLE DWELLING.

6. PLANNING APPLICATION 0116/19 – 172-176 BURKE ROAD, GLEN IRIS – CONSTRUCTION OF A FOUR STOREY REPLACEMENT SCHOOL BUILDING TO INCLUDE A NEW LIBRARY, SCIENCE LABORATORY, OFFICE, BREAK OUT AND CREATIVE FACILITIES

7. COUNCIL ORDER UNDER S 26 (2) OF THE DOMESTIC ANIMALS ACT 1994 8. SHORT STAY ACCOMMODATION9. FRIENDS OF BAGUIA FRIENDSHIP AGREEMENT10. LEASE ARRANGEMENT; COUNCIL PROPERTY - SOUTH YARRA11. SYDARE AVENUE, MALVERN EAST - STREET TREE PLANTING FOLLOWING COMPLETION OF THE

MURRUMBEENA MAIN DRAIN DUPLICATION PROJECT12. ENDORSEMENT OF LIVING MELBOURNE: OUR URBAN FOREST STRATEGY13. 1 / 8 MOTHERWELL STREET SOUTH YARRA - VEHICLE CROSSING APPLICATION14. STONNINGTON PUBLIC HEALTH AND WELLBEING PLAN - MID TERM PROGRESS UPDATE 15. RECEIPT OF OBJECTIONS AND CONSIDERATION OF SECTION 223 SUBMISSIONS FOR THE FIVE

PROPOSED SPECIAL RATES SCHEMES16. DRAFT 2019/20 BUDGET: CONSIDERATION OF SUBMISSIONS 17. COUNCIL PLAN 2017-2021: ANNUAL PLAN - YEAR 3 18. ADOPTION OF 2019/20 BUDGET

CONFLICT OF INTEREST DISCLOSURES: including time left and returned to meeting

Councillors:Nil

Council Officers: Hannah McBride –Burgess had declared a Conflict of Interest in Item 3 - Planning Application 0643/18 - 641-669 and 675 Dandenong Road, 1, 3 and 5 Station Place and Station Place Malvern has was not present in the Briefing at 8.52pm when it was discussed. She entered the meeting at 9.37pm at the conclusion of the discussions on this item.

Form completed by: Fabienne Thewlis

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ASSEMBLY DETAILS:

Date:22 May 2019 Name of Meeting: Meet Your Councillors –South Ward

Time: 7.00pm

Assembly Location: Functions on Chapel Prahran Town Hall 255A Chapel Street Prahran

IN ATTENDANCE:

Councillors:

Cr Hindle (Chair), Crs Sehr and Stefanopoulos

Council Officers:

Simon Thomas, Rick Kwasek, Stuart Draffin, Geoff Cockram, Cath Harrod, Natalie O’Leary

Peter Kyrkylis,

Matter/s Discussed: Littering and street cleaning Vacant shops in Chapel Street Issues with parking of development in various streets, parking and accessibility Metro Rail tunnel and South Yarra Rail Station update Community safety Prahran RSL 100 years Creation of Open Space through Pocket parks such as walk-through at Peel Street but

needs maintenance Impact of development on traffic and parking in local area

Tabled at Council Meeting

3 June 2019

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Traffic and parking around Cabrini and especially impact from Coles in Winter Street Recycling Bicycle paths and racks Tree root damage Increased number of homeless and what can be done to assist

CONFLICT OF INTEREST DISCLOSURES : including time left and returned to meeting

Councillors:

Nil

Council Officers:

Nil


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MONDAY 3 JUNE 2019



ASSEMBLY DETAILS:

Date:29 May 2019 Name of Meeting: Meet Your Councillors –East Ward

Time: 7.00pm

Assembly Location: Big Hall Phoenix Park Community Centre Rob Roy Road Malvern East

IN ATTENDANCE:

Councillors:

Cr Davis (Chair) & Cr Atwell

Council Officers:

Simon Thomas, Rick Kwasek, Stuart Draffin, Geoff Cockram, Phillip Gul; Peter Kyrkylis,

Matter/s Discussed: Soil testing of Orrong Romanis Reserve as part of Feasibility study for Proposed Stadium Tree/shrub removal Percy Treyvaud Memorial Park and arborist report Trees affected by developments Streetscape works Loss of old houses along main roads to development and impact on amenity of area Management of proposed parking in under-croft carpark at Percy Treyvaud Impact from noise at Chadstone Shopping Centre on adjoining properties 3rd Malvern Scouts coming trip to France in 2020 Street sweeping, Rubbish and recycling Solar panels advice letter Toorak Road Level Crossing removal an impact on residential area, parks and trees from

work sites


3 June 2019

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MONDAY 3 JUNE 2019

Dogs on/off leads Council budget/operating surplus/rate capping/CPI Ombudsman Review Parking Appeal Process Costs of FOI Appeal to VCAT Improving lights along Bike path and other walkways Councillor attendance Lack of inclusion in parking survey by Chadstone Road residents Road and footpath works Proposed cost of Percy Treyvaud masterplan works

CONFLICT OF INTEREST DISCLOSURES : including time left and returned to meeting

Councillors:

Nil

Council Officers:

Nil


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MONDAY 3 JUNE 2019

ASSEMBLY OF COUNCILLORS REPORT MAY 2019 A planned or scheduled meeting that includes at least half the Councillors and a member of Council staff, and the matter/s

considered are intended or likely to be subject of a future decision of the Council; or subject to the exercise of a function, duty or power of the Council that has been delegated to a person or committee;

An Advisory Committee of the Council where one or more Councillors are present – eg:-on-site inspections/meetings; planning or other consultative meetings;

DATE OF MEETING

MEETING NAME WARD COUNCILLORS ATTENDANCE

OFFICERS

ATTENDANCE

CONFLICT OF INTEREST DISCLOSURES

AND IF LEFT MEETING

MATTER/S DISCUSSED

COUNCILLORS OFFICERS

1/5/19 Planning Consultative Meeting

South Cr Stefanopoulos

Cr Hindle

Nicholas Torcasio

Sheridan Harley

Nil Nil Planning Application No:1244/18 – 196=206 High Street Windsor


North Cr Koce

Cr Chandler

Cr Griffin

Aliza Fischer Webberley

Georgina Strachan

Nil Nil Planning Application No: 0684/11-1 – The Emerson 141-145 Commercial Road South Yarra


South Cr Hindle

Cr Sehr

Cr Stefanopoulos

Edward Wilkinson

Nil Nil Planning Application No:1101/18 – 466-474 Malvern Road Prahran


North Cr Griffin

Cr Koce

Cr Chandler

Georgina Strachan

Aliza Fischer Webberley

Nil Nil Planning Application No:0004/19 – 3 Ashe Grove Toorak


North Cr Koce

Cr Griffin

Bronte Norris Nil Nil Planning Application No:0441/12-2 – 60 Nicholson Street South Yarra


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MONDAY 3 JUNE 2019


North Cr Griffin

Cr Chandler

Sheridan Harley Nil Nil Planning Application No: 1285/18 – 62 Arthur Street South Yarra


South Cr Sehr

Cr Stefanopoulos

Peter Stewart Nil Nil Planning Application No: 1276/18 – 22 Winter Street Malvern


North Cr Koce

Cr Griffin

Cr Chandler

Bronte Norris Nil Nil Planning Application No: 1057/18 – 19 Chesterfield Avenue Malvern


North Cr Koce

Cr Griffin

Cr Chandler

Jennifer Ozer Nil Nil Planning Application No: 1273/18 – 108 Caroline Street South Yarra

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