Agenda of Council Meeting - 18 November 2019

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Monday, 18 November 2019

Confidential Business

18 November 2019

Confidential Business

18 November 2019

Council Meeting

Notice Paper

Monday 18 November 2019 at 7pm

Council Chamber, Malvern Town Hall,

(enter off Glenferrie Road, Malvern)

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Vision

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

Council’s vision will be implemented through four key pillars:

· Community: An inclusive City that enhances the health and wellbeing of all residents, where people can feel safe, socially connected and engaged.

· Liveability: The most desirable place to live, work and visit.

· Environment: A cleaner, safer and better environment for current and future generations to enjoy.

· Economy: A City that will grow its premier status as a vibrant, innovative and creative business community.

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

Councillors

Cr Steven Stefanopoulos, Mayor

Cr Glen Atwell

Cr John Chandler, Deputy Mayor

Cr Sally Davis

Cr Marcia Griffin

Cr Judy Hindle

Cr Jami Klisaris

Cr Matthew Koce

Cr Melina Sehr

Chief Executive Officer

Jacqui Weatherill

Executive Staff

Geoff Cockram - General Manager Corporate Services

Stuart Draffin - General Manager Planning & Amenity

Cath Harrod - General Manager Community & Culture

Rick Kwasek - General Manager City Environment

Reconciliation Statement

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

Affirmation Statement

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

Welcome

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

Council business is conducted in accordance with Part 4 Division 3 of the Meeting Procedure section of Council’s General Local Law 2018 (No 1).

Councillors carry out the functions, powers, authorities and discretions vested with them under the Local Government Act 1989, and any other relevant legislation. Councillors impartially perform the Office of Councillor duties, in the best interests of the City of Stonnington residents to the best of their skills and judgement.

Councillors must formally declare their conflicts of interest in relation to any items listed on the agenda at the start of the meeting and immediately prior to the item being considered, in accordance with Sections 77 to 79 of the Act.

About this meeting

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

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

Arrangements to ensure meetings are accessible to the public

Council meetings are held at the Malvern Town Hall, corner High Street and Glenferrie Road (entry via Glenferrie Road via the door closest to the Malvern Police Station). The Town Hall has an entrance ramp and elevators to ensure that the Council Chamber is accessible to all. Accessible toilets are also available. If you require translation, interpreting services or a hearing loop, please contact Council’s civic support on 03 8290 1331 to make appropriate arrangements before the meeting.

To ensure that people in the chamber can follow proceedings, the meeting agenda, motions and proposed alternate resolutions (also known as ‘yellows’), are displayed on a screen.

Live webcasting

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

Members of the gallery

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

Extracts from the Local Law:

81.Gallery to be Silent

(1) Visitors must not interject or take part in the debate.

(2) The gallery must be silent at all times during any Council Meeting.

(3) The ring tones of mobile telephones and other devices must be turned off by people in the gallery at all times.

88.Recording or Filming Proceedings

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

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

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

(a) order the person operating, or suspected of operating, the device to produce the device to the Chairperson; and

(b) arrange for any matter that has been recorded on the device in contravention of sub-clause (1) to be deleted, erased or otherwise removed from the device.

(4) Subject to sub-clause (5), the Chairperson shall return any device that has been produced to him or her pursuant to sub-clause (3) at the conclusion of the relevant Council Meeting.

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

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

The Chairperson, or Council in the case of a suspension under clause 82, may ask any Authorised Officer or member of Victoria Police to remove from the meeting (including the gallery):

(1)any person who the Chairperson has ordered to be removed under clause 82(3); or

(2)any Councillor who has been suspended under clause 82 and who has not immediately left the Council Meeting.

50.Questions to Council from Members of the Public

(1) Questions to Council from members of the public will be considered as part of the order of business of an Ordinary Meeting only when submitted in the format outlined below:

(a) Questions must be in writing and lodged at the office of the Chief Executive Officer by 12 noon on the day of the next scheduled Ordinary Meeting.

(b) A limit of five (5) questions per questioner applies.

(c) Questions must include the name and address of the questioner and the date of the question. Questions by facsimile or email are acceptable.

(2) Within four (4) working days of receiving a complying question to Council from a member of the public, the Chief Executive Officer will dispatch a notice to the member of the public who submitted the question, advising that the question has been received.

(3) At a meeting at which a question is to be considered:

(a) The Chairperson will acknowledge that a question or questions have been received from a (named) person and ask if that questioner is in the gallery.

(b) If the questioner is present in the gallery, a summary of the subject matter of the question(s) will be read out by the Chairperson and the questioner advised that a written reply to the question(s) will be issued within 14 days of that meeting date.

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

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

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

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

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

47.Open Meetings

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

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

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

Mayor and Councillors, Stonnington City Council

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Council Meeting

Notice Paper

Monday 18 November 2019

Order of Business and Index

a)Reading of the Reconciliation Statement and Affirmation Statement

b)Introductions

c)Apologies

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

1.Minutes of the Council Meeting held on 28 October 20193

2.Minutes of the Special Meeting held on 7 November 20193

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

f)Questions to Council from Members of the Public

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

h)Questions to Council Officers from Councillors

i)Tabling of Petitions and Joint Letters

j)Notices of Motion

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

l)Reports by Delegates

m)General Business including Other General Business

1.Planning Amendment 0006/16 - 93 Wattletree Road Armadale - S72 amendment to approved planning permit and plans for the construction of an additional residential level and additional basement level, (total five levels, above two basement levels below ground) comprising 6 additional apartments, 10 additional car spaces and associated internal reconfiguration3

2.Planning Application 0259/19 - 48 Commercial Road, Prahran - Use of the land as a restaurant, associated sale and consumption of liquor (Restaurant and Café Liquor Licence) and buildings and works in a Residential Growth Zone3

3.Planning Application 0513/19 - 168 Chapel Street, Windsor - Demolition and construction of a mixed use building in an Activity Centre Zone and Heritage Overlay and associated reduction in car parking requirement3

4.Planning Application 0264/19 - 7A Isabella Street, Malvern - Demolition of the existing buildings and subsequent use and development of the land for the purpose of a medical centre in a General Residential Zone and Heritage Overlay and associated reduction in car parking requirement3

5.Talbot Crescent at Toorak Road - Proposed Traffic Management after Level Crossing Removal3

6.Community Infrastructure Loans Scheme - Prahran Town Hall redevelopment3

7.Perth Street, Prahran - Proposed Trial of One-Way Closure3

8.Tree Risk Management Framework3

9.September 2019 Quarterly Financial Report 3

10.Council Election Period (Caretaker) Policy Review3

11.Harold Holt Swim Centre Improvement Program Update3

n)Urgent Business

o)Confidential Business

1.State Government Strategy Response3

2.State Government Project3

3.Prahran Market Board3

4.Lease of 162 Alexandra Avenue, South Yarra3

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Recommendation

That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 28 October 2019, Minutes of the Confidential Meeting of the Stonnington City Council held on 28 October 2019 and Minutes of the Special Meeting of the Stonnington City Council held on 7 November 2019 as an accurate record of the proceedings.

m)General Business

1.Planning Amendment 0006/16 - 93 Wattletree Road Armadale - S72 amendment to approved planning permit and plans for the construction of an additional residential level and additional basement level, (total five levels, above two basement levels below ground) comprising 6 additional apartments, 10 additional car spaces and associated internal reconfiguration

Coordinator Statutory Planning: Phillip Gul

General Manager Planning & Amenity: Stuart Draffin

Purpose

For Council to consider a planning application for a Section 72 amendment to an approved Planning Permit and plans for the construction of an additional residential level and additional basement level, comprising 6 additional apartments, 10 additional car spaces and associated internal reconfiguration at 93 Wattletree Road, Armadale.

This item was considered at the Council meeting of 28 October 2019. The application was deferred and is now presented to Council for further consideration.

Executive Summary

Applicant:

Tract Consultants Pty Ltd

Ward:

South

Zone:

Residential Growth Zone - Schedule 3

Overlay:

Design and Development Overlay- Schedule 19

Date lodged:

24 October 2018

Statutory days: (as at council meeting date)

55

Trigger for referral to Council:

Four or more storeys

Number of objections:

Six objections from five different properties

Consultative Meeting:

No

Officer Recommendation:

Issue a Notice of Decision to Grant an Amended Planning Permit

Background

History

Planning Permit 6/16 was issued on 23 August 2016 by Council. The permit allows the construction of a mixed use development containing a medical centre and dwellings in a Residential Growth Zone, reduction of car parking and loading / unloading requirements and alteration of access to a Road Zone, Category 1. The permit has been extended once with works now to commence by 23 August 2020 and to be completed by 23 August 2022.

The Proposal

The plans that form part of the basis of Council's consideration were prepared by CHT Architects and are known as Drawing Nos: TP1 to TP10 (inclusive), 10A, 11 and 14 (all revision P15 and dated 30 July 2019) and Council date stamped 26 August 2019.

This application is also supported by a Traffic Report prepared by Traffix Group, A Waste Management Plan prepared by Leigh Design Pty Ltd, an Environmentally Sustainable Design report prepared by Edifice and a Daylight Model prepared by Edefice.

This application is for an amendment to an existing Planning Permit. Under the provisions of Section 72 of the Planning and Environment Act 1987, it is only those elements of the proposal that represent a change from the approved development which are open for consideration and assessment by the Responsible Authority. Key features of the amendments are as follows:

Alteration of the basement to remove the triple level car stackers and to construct an additional basement level comprising an additional 10 car spaces including double level car stackers.

Increase in the number of storage cages within the basement to 25 (from 16).

Installation of battery storage and water tanks within the basement.

Modification to the shape of the eastern and westerns central voids to the north and south.

Construction of an additional level such that five (5) levels are now proposed comprising 22 apartments (16 apartments currently approved). The overall building height is proposed to be increased from a maximum height of 13.25 metres to a maximum height of 17.9 metres.

Internal reconfigurations to previously approved apartments.

Increase in the ceiling heights of the apartments and ground floor medical centre by approximately 340millimetres for the medical centre and approximately 290 millimetres for the apartments.

The application was revised after advertising and the advertised plans have been superseded by the plans Council date stamped 26 August 2019. The amendments to the plans were made to respond to concerns raised in regards to the internal amenity of the apartments and to increase the setbacks of the fifth level from the front and rear of the site to achieve the design requirements of the Design and Development Overlay (Schedule 19).

Site and Surrounds

The site is located on the north side of Wattletree Road. The site has the following significant characteristics:

A frontage to Wattletree Road of 14.57m and a site depth of 38.11m with a total area of 555sqm approximately.

The site is rectangular in shape with a generally flat topography.

There is an existing crossover to the site frontage which is proposed to be removed. The site is also accessed via the laneway to the rear.

The site is currently vacant but originally accommodated a single dwelling which appeared to be of Edwardian style construction and had been subject to additions to create a double storey to the rear.

The site featured vegetation including a Rubber Tree and Silver Birch to the centre and rear of the site and a Liquid Amber and Sweet Pittosporum to the site frontage.

The site is within an area which is largely mixed in land use terms and features a range of architectural styles and built forms. Wattletree Road West was originally subdivided into lots of approximately 550-600sqm which accommodated single storey dwellings largely of the mid – late Victorian era. A number of these dwellings remain while many have been demolished and replaced with contemporary dwellings, multi-unit developments or commercial buildings. The immediate vicinity features a number of small scale medical centres. The subject site has the following interfaces:

The site adjoins Wattletree Road to the south which is a Category 1 Road within a Road Zone providing double-lane two-way traffic. Across Wattletree Road are two semi-detached single storey dwellings (Nos. 100 and 102 Wattletree Road). 100 Wattletree Road is a well preserved Mid-Victorian dwelling which is currently used as a medical centre.

The site adjoins a 3.3m wide unnamed cobblestone laneway to its rear (north) boundary. Beyond the laneway is an existing three storey multi-unit development which is setback from its southern boundary by approximately 8m. This setback accommodates a communal car parking area.

91 Wattletree Road which adjoins immediately to the west accommodates an existing double storey commercial building which is currently used as a medical centre. The building is a concrete structure with a flat roof which features a front setback with some landscaping features and an off street car parking space.

95 Wattletree Road to the east is a well preserved Victorian dwelling which is currently utilised as a medical centre.

Although the site is not within a designated activity centre it is within close proximity to the Glenferrie Road Major Activity Centre. The site therefore has excellent access to commercial amenities and public transport routes, with Malvern Central Shopping centre within 35m of the site.

Previous Planning Application(s)

A search of Council records indicates the following relevant planning application:

The subject Permit issued on 23 August 2016 by Council allows for the construction of a four storey building containing 16 apartments and a medical centre at ground floor level. Access to the car parking is located at the rear of the site via the unnamed laneway.

A section 72 amendment was approved on 12 April 2017 and allowed the following changes to the plans:

-An increase to the setback of the ground floor front facades from the originally proposed setbacks of between 2.98m and 3.49m to 3.6m and 4.1m.

-A reduction of the rear setback of the building by 500mm overall.

As part of the section 72 amendment conditions 1a, 1b and 1d were also amended, condition 12 added and all conditions renumbered.

The site has been cleared and an extension to the permit expiry has been granted. The extension allowed works to commence by 23 August 2020 and to be completed by 23 August 2022.

The Title

The site is described on Certificate of Title Volume 01980 Folio 914 and no covenants or easements affect the land.

Planning Controls

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

Zone

Residential Growth Zone Schedule 3 - Clause 32.07

Pursuant to Clause 32.07-5 a permit is required to construct or extend two or more dwellings on a lot. This Clause also notes that Clause 58 does not apply to:

An application for an amendment of a permit under section 72 of the Act, if the original permit application was lodged before the approval date of Amendment VC136.

As per Clause 3 of Schedule 3 a building used as a dwelling or a residential building must not exceed a height of 18m.

Overlay

Design and Development Overlay - Clause 43.02

Pursuant to Clause 43.02-2 a permit is required to construct a building or construct or carry out works.

Pursuant to Schedule 19, the site is defined as a “Medium site” as the site has a street frontage width of 7-19 metres. The following buildings and works requirements apply to an application to construct a building or works with Precinct C- Wattletree Road West:

Preferred maximum building height- N/A.

Preferred maximum street wall height- 13.5 metres (4 storeys)

Preferred street level setback- 3 metres

Preferred minimum setback above street wall- 3 metres

Additionally, development with a rear interface to a residential zone land should provide a 1.5 metre rear setback at ground and first floors and a 4.5 metre setback above first floor. Developments with a non- residential interface should provide a 1.5 metre rear setback at ground and first floors and a 3 metre setback above first floor.

Particular Provisions

Clause 52.06– Car Parking

Pursuant to Clause 52.06 a permit is required to reduce the requirement to provide car spaces in accordance with the table at Clause 52.06-2.

No alteration is proposed to the medical centre component in terms of car parking (or indeed layout). Each dwelling continues to be provided with the requisite number of car spaces hence a permit is not triggered pursuant to car parking.

It is noted that the permit preamble currently refers to a waiver in the loading requirements. Since the approval of the permit application Clause 52.07 (Loading and Unloading of Vehicles) has been removed from the City of Stonnington Planning Scheme. As part of this amendment application the permit preamble will be amended to remove reference to ‘waiver of the loading/unloading bay requirements’.

Relevant Planning Policies

Clause 21.03 Vision

Clause 21.04Economic Development

Clause 21.05Housing

Clause 21.06Built Environment and Heritage

Clause 22.05Environmentally Sustainable Development

Clause 22.18Stormwater Management (Water Sensitive Urban Design)

Advertising

The application has been advertised pursuant to Section 52 of the Planning and Environment Act 1987 by sending notices to the owners and occupiers of adjoining land and by placing two signs on the site. The public notification of the application has been completed satisfactorily.

The site is located in South Ward and 6 objections from 5 different properties have been received. The concerns can be summarised as follows:

Traffic.

Visual bulk.

Daylight to existing windows.

Overshadowing.

Equitable Development.

Height of the building.

Neighbourhood Character.

The proposal is not consistent with the purpose and objective of the Residential Growth Zone and Design and Development Overlay.

The application was revised after advertising and the amended plans were submitted on 26 August 2019. These plans include the following changes:

The setback of the fifth floor from Wattletree Road increased from 3.49 -3.97 metres to 5.70 to 6.48 metres:

The setback of the fifth floor from the rear of the site increased from 2.02- 2.51 metre to 4.30 metres to 4.98 metres.

The apartments on the fifth floor reconfigured and changed from 3 bedroom apartments to 2 bedrooms apartments.

The addition of white obscure glass to the windows to the light voids.

Referrals

Transport and Parking Department

It is important to note that an apartment building comprising 16 apartments, a medical centre and 20 car parking spaces has already been approved on the site. This amendment application proposes an additional six apartments and one additional basement level with an additional ten car parking spaces, therefore the assessment is limited to the amendments proposed.

Council’s Transport Department reviewed the advertised material and provided the following comments:

The plans do not include the parking allocation, which was a feature of the previous application. It is recommended that this be included.

The plans do not include any visitor parking for the residents. This is no longer required due to the changes in the Planning Scheme related to the PPTN and VC148, but as there is an oversupply of car parking, it is recommended that at least 1 visitor parking space be provided.

In light of the surplus of parking proposed, the full Planning Scheme requirement for the medical centre be provided on site. However, as the permit was issued with 4 spaces allocated to the medical centre it would be hard to sustain an objection on this basis.

The Traffic Engineering Review (TER) provided by the applicant suggests that a condition could be applied to the permit that the spaces for the medical centre use be made available for visitors outside of medical centre operating times. This is an improvement over the approved scheme, and should be pursued.

Sight line diagrams at the right of way must be shown on the revised plans.

Dimensions of the bicycle parking proposed should be shown on the plans.

The specific stacker model has now been stated in the Traffic Engineer Review. It is recommended that this be notated on the plans to ensure it is not changed.

Planner Response:

Conditions will be included on any permit issued to address the outstanding issues. The existing permit includes condition 1m which requires the following:

m)Allocation and number of car parking spaces as follows:

3 at grade spaces at ground level and one basement space to be allocated to the proposed medical centre

All remaining spaces within the basement allocated to the dwellings.

To respond to concerns from the Transport Department and objectors, the applicant has advised that given a surplus of car parking is proposed they would accept the following modified condition 1 m:

m)Allocation and numbering of car parking spaces as follows:

3 at-grade spaces at ground level and 2 basement spaces to be allocated to the proposed medical centre.

1 car space at basement level allocated to a visitor.

All remaining spaces within the basement allocated to proposed dwellings.

Urban Design

Council’s Urban Designer reviewed the advertised material and provided the following comments:

I would support a partial 5th level, subject to it being recessed from the front, back and from each side.

Planner Note: The revised plans have addressed the concerns raised by Council’s Urban Designer by increasing the front and rear setback of the site at the fifth floor.

Environmental Sustainable Design (following revised plans and responses to earlier comments):

Council’s Environmental Sustainable Design Advisor reviewed the revised material and provided the following comments:

Subject to rectification of discrepancies within the plans and relatively minor additional requirements of the SMP, the proposal is acceptable.

Planner Note: These details will be addressed via conditions of any amended permit issued.

Waste:

Council’s Waste Department reviewed the revised material and provided the following comments:

Calculations and graphics of how the bins will be circulated by using only the Bin Store and pathway space adjacent the courtyard must be provided.

The suggestion of using 660 litre bins is an improvement (on what I believe is basically flawed bin store & bin presentation design) and, as a compromise, acceptable.   

The following condition should be included in any Permit issued:

“Waste bins must only be presented for collection in a single row at the kerbside outside the subject property. Bins must not be placed at any time outside any neighbouring property.”

Planner Note: These details will be addressed via conditions of any amended permit issued.

Key Issues

This is the second amendment to the planning permit. This assessment is limited to the elements of the proposal that represent a change from the already approved development. The amendments are discussed in detail below.

Modifications to the apartments at level 1 to 5

The use and development of the land as a four storey apartment building and medical centre has been previously approved. This amendment now seeks to include an additional level (fifth storey), increase in the number of apartments from 16 to 22, a reconfiguration of previously approved apartments, increase in the ceiling height of the apartments and modifications to the shape of the eastern and westerns central voids.

Built form

The most notable change to the building is the additional floor that is proposed as part of this amendment. The building as approved is four storeys with a three storey street wall and recessed fourth storey. The additional storey proposed would allow for a four storey street wall and a recessed fifth storey.

Since the approval of the permit extensive strategic work has been undertaken that affects the subject site. Previously the site had no overlays, however it is now affected by the Design and Development Overlay (Schedule 19). The Design and Development Overlay (Schedule 19) includes specific guidance and considerations relating to the design and built form of new development. The additional fifth storey proposed as part of this amendment is contemplated by the Design and Development Overlay (Schedule 19) which states that ‘there is potential for a fifth level above the street wall distinguished in materials’.

The Design and Development Overlay (Schedule 19) recommends a 3 metre setback from the street for a four storey (13.5 metre high wall) and an additional 3 metre setback for a floor above. Therefore a six metre street setback is required for the fifth floor. The development proposes the fifth level to be setback between approximately 5.7 metres and 6.485 metres to Wattletree Road. Given the fifth storey will be visible from the eastern and western sides of the site, there is no reason to depart from the requirements of the Design and Development Overlay. A condition will be included requiring the fifth floor to be setback a minimum of 6 metres to Wattletree Road, this will ensure that the setbacks of the proposal adhere to the requirements specified within the Design and Development Overlay.

The amendment application seeks to increase the ceiling heights of the apartments by approximately 290 millimetres at each level. The increase in the ceiling height of the apartments and additional floor proposed at level 3 results in a 14.14 metre street wall height, contrary to the 13.5 metre street wall height recommended by the Design and Development Overlay (Schedule 19). A 14.14 metre street wall height cannot be supported as this would result in the building having a dominant presence to Wattletree Road and the neighbouring properties. A condition will be included on the amended permit requiring the street wall height to be reduced to 13.5 metres to comply with the Design and Development Overlay (Schedule 19). A 13.5 metre street wall height can be achieved without compromising the internal amenity of the apartments.

To the rear, the interface requirements specify that new development should be setback 4.5 metres at floors 2, 3 and 4. The requirements specifically state:

Balconies, terraces and decks should be contained within the building envelope to maintain building separation and minimise overlooking of private open space.

The requirements also confirm that, “Development with a rear interface to residential zoned land should incorporate setbacks at upper levels to mitigate visual bulk”.

The setback of the fifth floor to the rear interface is between approximately 4.33 metres and 4.98 metres. Given that the rear of the site directly abuts a laneway with a residential building situated 8 metres beyond that, it is considered reasonable to depart from the rear setback requirements of the Design and Development Overlay. The setbacks of the fifth floor to the rear of the site are suitable.

Many of the objectors raised concerns about the height and the visual bulk of the proposed building. It is acknowledged that there are no other examples of five storey buildings located within the immediate vicinity of the site. However as previously discussed, the Design and Development Overlay (DDO19) contemplates more intensive development up to five storeys. In addition the Residential Growth Zone allows a preferred height of 18 metres. Given that the setbacks of the proposed fifth floor to the street and to the rear will be generally compliant with the setbacks recommended by the Design and Development Overlay, the additional level can be supported.

Amenity

An assessment against the standard and objectives of Clause 58 is not applicable for the additional six apartments proposed or for the internal reconfigurations to previously approved apartments, as the application benefits from the transitional provisions at Clause 32.07-5. The transitional provisions stipulate that Clause 58 does not apply to ‘An application for an amendment of a permit under Section 72 of the Act, if the original permit application was lodged before the approval date of Amendment VC136’.

Internal Amenity

Councils Environmental Sustainable Design Advisor has reviewed the plans and Sustainable Design Assessment provided. The proposal is considered acceptable in regards to daylight. However, there are some aspects of the amended proposal that require updates to address Council’s best Practice, these will be included as conditions.

Some of the objectors raised concerns in regards to equitable development of the adjoining lots. Equitable development is considered by this development as boundary-to-boundary construction is proposed between the sites eastern and western edges. These east and west faces of the building do not contain windows to ensure that the development opportunity of the neighbouring sites are not compromised. Based on the daylight modelling undertaken for an equitable development scenario the plans comply with Council’s Best practice standard and the daylight amenity of the apartments would meet the standards if the adjoining lots are developed.

Subject to new conditions, the additional floor is not expected to impact on the amenity of the area and the built form proposed is consistent with the objectives of the Design and Development Overlay (Schedule 19) and Residential Grown Zone.

Modifications to the car parking area at basement level.

The amended plans seek to make changes to the basement and other services within the basement. The changes proposed include an alteration of the basement to remove the triple level car stackers and to construct an additional basement level comprising an additional 10 car spaces including double level car stackers, the number of storage cages increased to 25 from 16 and the addition of battery storage and water tanks to the basement.

The total number of car parking spaces is proposed to be 30 instead of the 20 spaces approved. The 10 additional car parking spaces proposed within the basement is due to the increase in the number of apartments. Each new apartment within the development will be provided at least one car parking space within the basement level accessed via the laneway. This exceeds the statutory rate and complies with the requirements of the Stonnington Planning Scheme.

As detailed in the “Referrals” section of this report, there are outstanding items that need to be shown on the plans with regard to the design of the car parking layout. The items relate to the car parking allocation, sight distance triangles and car stacker specifications. The existing permit includes a condition in regards to the car parking allocation. The condition (condition 1m) requires the following:

m)Allocation and number of car parking spaces as follows:

3 at grade spaces at ground level and one basement space to be allocated to the proposed medical centre

All remaining spaces within the basement allocated to the dwellings.

As there are additional car parking spaces proposed, the applicant has agreed to amend condition 1(m) to include an additional car parking space allocated to the medical centre and an additional car parking space allocated for visitor car parking. This is an improvement to the existing approval as it will allow for visitor car parking to be incorporated in the development and an additional car parking space for the medical centre. An additional condition will also be included on the permit requiring the spaces for the medical centre use be made available for visitors outside of medical centre operating times. A reduction in the car parking requirements is no longer required for the proposal as the residential and medical centre car parking proposed now complies with the statutory requirements.

Consequently reference to the reduction in the car parking requirements will be removed from the permit preamble.

The increase in the number of storage cages within the basement from 16 to 25 proposed is due to the increase in the number of apartments. The increase in the number of storage spaces does not raise concerns. The additional battery storage and water tanks within the basement also do not raise concerns.

For the reasons outlined in the report the amendments proposed are supported, subject to conditions.

Waste

The applicant has agreed to make changes to the waste arrangement so that waste collection for the residential and commercial component is via private collection. This arrangement will ensure that bins are collected by a provider and returned to the bin area on the site immediately. The applicant has also agreed for waste collection for the medical centre to be via the car park within the title boundary at the rear. In regards to residential waste, the residential waste will be stored in 660L bins and ferried to Wattletree Road by the waste collector and then returned straight the bin room. Conditions have been included to address this.

Human Rights Consideration

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

Conclusion

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

The five storey building is in accordance with the objectives of State and local planning policies.

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

The development provides adequate parking provision at the site and can be safely accessed by vehicles.

Attachments

1.

PA - 0006-16 - 93 Wattletree Road Armadale - Attachment 1 of 1

Plans

RECOMMENDATION

That a Notice of Decision to Grant an amended Planning Permit No: 6/16 for the land located at 93 Wattletree Road Armadale be issued under the Stonnington Planning Scheme for Construction of a mixed use development containing a medical centre and dwellings (as of right uses) in a Residential Growth Zone and Alter access to a Road in a Road Zone Category 1 in accordance with the endorsed plans and subject to the following changes:

Amendment of permit preamble to remove reference to reduction in the car parking requirement and waiver of the loading/unloading bay requirements.

Amendment of condition 1 to make reference to the plans Council date stamped 26 August 2019 instead of the advertised plans (advertised in March 2016).

Amendment of condition 1 (m) to state the following:

Allocation and numbering of car parking spaces as follows:

3 at-grade spaces at ground level and 2 basement space to be allocated to the proposed medical centre.

1 car space at basement level allocated to a visitor.

All remaining spaces within the basement allocated to proposed dwellings.

Addition of condition (r) to state the following:

The front façade including balcony of the fifth floor setback a minimum of 6.0 metres from Wattletree Road.

Addition of condition (s) to state the following:

The street wall height reduced to 13.5 metres to comply with the recommended setbacks of the Design and Development Overlay – Schedule 19.

Addition of condition (t) to state the following:

Dimensions of the bicycle parking proposed shown on the plans.

Addition of condition (u) to state the following:

The specific stacker model shown on the plans.

Addition of condition (v) to state the following:

Sight distance triangles at the right of way shown on the plans.

Addition of condition (w) to state the following:

Signage at the rear car parking so that one of the medical centre car parks remains free during certain hours for a van to park and collect and return the bins.

Addition of condition 4 to state the following:

The car parking spaces to the medical centre must be made available for visitors of the apartments out of hours.

Condition 4 changed to condition 5 and amended to state the following:

Concurrent with the endorsement of any plans 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. The Sustainable Management Plan (SMP) must be generally in accordance with the SMP prepared by Energy, Water & Environment Council date stamped 10 September 2019 but modified to show:

a)Demonstration that the requirements of the Environmentally Sustainable Development Policy (Clause 22.05 of the Stonnington Planning Scheme) would be met by the development.

b)Reference to any changes required by condition 1 of this permit.

c)Consistency between the SMP, the Waster Sensitive Urban Design response and all plans.

d)Demonstration of a commitment to the use of paints, sealants and adhesives which are of low or non-volatile organic compounds;

e)A notation added to the plans detailing the fabric assumptions, insulation (R-values) and glazing (U-values and SHGC) performance values as used for the NatHERS ratings.

f)Supporting evidence which has been uploaded into the on-line BESS assessment is to be included as part of the appendices of the SMP Report

All to the satisfaction of the Responsible Authority.

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

Condition 7 changed to condition 8 and amended to state the following:

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 generally in accordance with the one prepared by Leigh Design and Council date stamped 29 November 2018 but modified to show:

a)The bin arrangement for the residential tenancies updated to show 4 X 660L garbage bins and 2 x 600L recycling bins.

b)The waste collection for the medical centre to be within an at grade car park within the title boundary at the rear of the site during certain hours.  

c)The bin arrangement for the residential and commercial tenancy to be via private collection.

d)Calculations and graphics of how the bins will be circulated by using ONLY the Bin Store and pathway space adjacent the courtyard must be provided.

Addition of condition 9 to state the following:

Waste bins must only be presented for collection in a single row at the kerbside outside the subject property. Bins must not be placed at any time outside any neighbouring property.

Renumbering of conditions 4 to 23.

Error! No document variable supplied.

Monday, 18 November 2019

General Business

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General Business

18 November 2019

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Page 22

2.Planning Application 0259/19 - 48 Commercial Road, Prahran - Use of the land as a restaurant, associated sale and consumption of liquor (Restaurant and Café Liquor Licence) and buildings and works in a Residential Growth Zone

Coordinator Statutory Planning: Phillip Gul

General Manager Planning & Amenity: Stuart Draffin

Purpose

For Council to consider a planning application for use of the land as a restaurant, associated sale and consumption of liquor (Restaurant and Café Liquor Licence) and buildings and works in a Residential Growth Zone at 48 Commercial Road, Prahran.

Executive Summary

Applicant:

Two Design

Ward:

South

Zone:

Residential Growth Zone (Schedule 1)

Overlay:

Design and Development Overlay (Schedule 18)

Date lodged:

16 April 2019

Statutory days: (as at council meeting date)

72

Trigger for referral to Council:

Number of objections

Patron Numbers:

100 (72 inside the building, 24 in the courtyard and 4 in the footpath trading area)

Number of objections:

22 affected properties

Consultative Meeting:

Yes – held on 15 October 2019

Officer Recommendation:

Issue a Notice of Decision to Grant a Planning Permit

Background

The Proposal

The plans that form part of the basis of Council's consideration are known as Drawing No.s: TP01 (Location Plan), TP02 (Existing Site Plan), TP03 (Proposed Site Plan), TP04 (Existing Conditions / Demolition Plan), TP05 (Proposed Ground Plan), TP06 (Construction Plan), TP07 (Proposed South & North Elevations), TP08 (Proposed West & East Elevations), TP09 (Wall Detail / Operable Roof to Wall Detail), TP10 (Finishes) and Redline Plan, and Council date stamped 4 September 2019.

Other supporting documentation accompanying the assessed plans include:

Planning Report, prepared by Two Design (Council date stamped 2 September 2019);

Noise and Amenity Action Plan, prepared by Peter Aldred (Council date stamped 28 August 2019).

Key features of the proposal are:

Use of the land as a restaurant

A Restaurant and Café Liquor Licence that permits the sale of liquor for consumption on the premises

The proposed hours of the restaurant operation including:

oBetween 7am and 11pm inside the building

oBetween 8am and 8pm in the external courtyard

oBetween 8am and 9pm in the footpath trading area

The proposed hours of liquor supply and consumption including:

oBetween 10am and 11pm inside the building

oBetween 10am and 8pm in the external courtyard

oBetween 10am and 9pm in the footpath trading area

The maximum patron number is 100 including 72 inside the building, 24 in the courtyard and 4 in the footpath trading area.

The proposed building and works including shop front alterations, a rear extension to the existing building, inclusion of an operable roofing structure over the courtyard and internal reconfigurations.

A waiver in car parking requirement

Site and Surrounds

The site is located on the southern side of Commercial Road approximately 32 metres east of the intersection with Donald Street and 34 metres west of the intersection with Perth Street. The site has the following characteristics:

The site is rectangular in shape and has a total site area of approximately 262 square metres.

The site has dual frontage: to the north it provides a frontage of 6.9 metres to Commercial Road; whilst to the south it provides a frontage of 7.1 metres to an unnamed lane.

The site has a depth of approximately 37.5 metres.

The site is improved by a double storey commercial building that is currently vacant but was previously used as a picture framing shop.

Pedestrian access is provided via Commercial Road and vehicle access is provided from the rear lane leading to the rear courtyard.

The site is situated amongst a group of non-residential uses including retail, food and drink premises, offices and other commercial uses fronting Commercial Road.

The site has good access to public transport options including the No. 72 Tram operating along Commercial Road with the nearest stop in front of the site. Bus routes also operate in front of the site and Prahran Railway Station is approximately 500 metres to the south-east.

The site has four interfaces that can be summarised as follows:

To the immediate west is the land at 46 Commercial Road, Prahran, which houses a double storey mixed use building. Specifically, the ground floor is used as a shop and the first floor as a dwelling.

To the immediate east is the land at 50 Commercial Road, Prahran, which houses a double storey building that is used as a restaurant.

To the immediate north, the site abuts Commercial Road. On the opposite side of the street is the land at 31-51 Commercial Road and 55 Commercial Road, Prahran respectively. The former houses the Braille Library and the Braille Hall that are of historically and architecturally significant to the State of Victoria. It is also noted that the Library and the Hall are registered on the Victorian Heritage Register.

The latter houses a double storey office building. Further to the east is the land zoned an Activity Centre Zone (Schedule 1, Precinct 3 – Prahran), extending eastward from Tyrone Street and encompassing Chapel Street Precinct.

To the immediate south, the site abuts an unnamed lane (i.e. R.O.W) that has a width of approximately 4.2 metres and separates the site from the residential properties to the south. More specifically, the closest properties are No. 78 Donald Street and No. 79B Perth Street that are both zoned a Neighbourhood Residential Zone and have the secluded private open space abutting the lane.

Previous Planning Application(s)

A search of Council records no relevant planning applications at the subject site.

In the surrounding area, the following permits/applications are of relevance:

60 Commercial Road, Prahran

Planning Permit No. 564/12 was issued on 31 December 2012 under delegation. The permit allowed Restaurant and Café Liquor Licence (including to adjacent footpath) in association with the use of the site as a food and drink premises (café) and associated building and works in a Residential Growth Zone. The permit has been acted upon.

64 Commercial Road, Prahran

Planning Permit No. 807/15 was issued on 12 February 2016 under Council’s delegation. The permit allowed for a general liquor licence and buildings and works in association with use of the land as a hotel (wine bar) in a Residential Growth Zone and reduction in the requirement of car parking, bicycle facilities and loading / unloading bay.

66 Commercial Road, Prahran

Planning Permit No. 693/09 was issued on 9 December 2009. The permit allowed change of use to a Convenience restaurant.

The Title

The site is described on Certificate of Title Volume 08051 Folio 632 / Lot 1 on Title Plan 230804L and no covenants or easements affect the land.

Planning Controls

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

Zone

Clause 32.07 – Residential Growth Zone (Schedule 1)

Pursuant to Clause 32.07-1 (Table of uses), use as a restaurant is a Section 2 use that requires a planning permit.

Pursuant to Clause 32.07-8, a planning permit is required to construct a building or construct or carry out works for a Section 2 use.

Overlay

Clause 43.02 – Design and Development Overlay (Schedule 18)

Pursuant to Clause 43.02-2, a permit is required to construct a building or construct or carry out works.

Schedule 18 to the Overlay further stipulates that a planning permit is not required to construct a building or to construct or carry out works that would result in the height of the buildings and works being less than 25.7 metres above the Australian Height Datum (AHD). As such, a planning permit is not required under the provision of this Overlay.

Particular Provisions

Clause 52.06 – Car parking

Pursuant to Clause 52.06-2, the car parking spaces required under Clause 52.06-5 must be provided on the land prior to the commencement of a new use. A permit is required to:

Reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5 or in a schedule to the Parking Overlay.

Provide some or all of the car parking spaces required under Clause 52.06-5 or in a schedule to the Parking Overlay on another site.

Provide more than the maximum parking spaces specified in a schedule to the Parking Overlay.

Pursuant to Clause 52.06-5, column B of Table 1 (number of car parking spaces) applies to the site. Specifically, the statutory rate for use of the land as a restaurant is 3.5 car parking spaces to each 100 square metres of leasable floor area.

In the application, the leasable floor area is 284 square metres that requires 10 car parking spaces. The application does not provide any onsite car parking spaces. A planning permit is therefore required for a waiver.

Clause 52.27 – Licensed Premises

Pursuant to Clause 52.27, a permit is required to sell or consume liquor if a licence is required under the Liquor Control Reform Act 1998. The application includes a component seeking a restaurant and café liquor licence. As this licence is required under the Act, a planning permit is required.

Clause 52.34 – Bicycle Facilities

Pursuant to Clause 52.34-1, a new use must not commence or the floor area of an existing use must not be increased until the required bicycle facilities and associated signage has been provided on the land.

Pursuant to Clause 52.34-2, a permit may be granted to vary, reduce or waiver any requirement of Clause 52.34-5 and Clause 52.34-6.

Pursuant to Clause 52.34 -5, the statutory rates for use of the land as a restaurant are stipulated as follows:

1 to each 100 square metres of the floor area available to the public for employees

1 to each 500 square metres of the floor area for patrons

In the application, as measured on the plans, the floor area available to the public is approximately 160 square that requires 2 bicycle spaces to the employees. The application provides for 4 bicycle spaces at the rear and satisfies the requirement. The Clause is therefore not triggered.

Relevant Planning Policies

15.01

Built Environment and Heritage

17

Economic Development

18.01

Integrated Transport

18.02-2S

Public Transport

21.03

Vision

21.06

Built Environment and Heritage

22.05

Environmentally Sustainable Development

22.10

Licensed Premises Policy

22.18

Stormwater Management (Water Sensitive Urban Design)

22.21

Awning Policy

32.07

Residential Growth Zone

43.02

Design and Development Overlay

52.06

Car Parking

52.27

Licensed Premises

52.34

Bicycle Facilities

65

Decision Guidelines

Advertising

The original application was advertised pursuant to Section 52 of the Planning and Environment Act 1987 by sending notices to the owners and occupiers of adjoining land and by placing 2 signs on the site. The public notification of the application was completed satisfactorily.

Thirty nine (39) objections from 23 affected properties were received during the initial advertising. The grounds of objections are summarised as follows:

Noise impact particularly with regard to the outdoor seating arrangement

Negative impact on the property values

Accumulative impacts with consideration of other licensed premises in this area

Traffic impacts including congestion and on-street parking availability

Footpath trading resulting in adverse impact on tram access

Patrons access via the lane at the rear resulting in noise and disturbance

Overlooking onto the abutting properties

Impacts from delivery including loading and uploading via the lane at the rear

In consideration of these objections and concerns raised by Council’s planning officer, the applicant submitted revised plans to Council on 3 September 2019 pursuant to Clause 57A of the Planning and Environment Act 1987. These plans supersede the originally advertised plans (Council date stamped 16 May 2019) and were re-advertised by sending notices to the owners and occupiers of adjoining land as well as all objectors and by placing 2 signs on the site. The second public notification of the application was completed satisfactorily.

One (1) objection from the initial advertising was unconditionally withdrawn. Three (3) further objections were received during the re-advertising from existing objectors. As a result, objections from twenty two (22) affected properties remain valid.

Importantly, the revised plans involve the following key changes:

The external seating area to be reduced in size from approximately 78 square metres to 29 square metres

The number of patrons to be seated in the courtyard to be reduced from 58 to 24

The hours of operation and liquor supply and consumption to be ceased by 11pm inside the building, 8pm in the courtyard and 9pm in the footpath trading (previously advertised 11pm from Sunday to Thursday or 12pm on Friday and Saturday)

A trackable roofing structure to be constructed above the courtyard

A Consultative Meeting was held on 15 October 2019. The meeting was attended by Councillor Stefanopoulos, representatives of the applicant, objectors and a Council planning officer. The meeting did not result in any additional changes to the re-advertised plans.

Referrals

Advocacy, Performance & Customer Experience

Referral comments were received from Council’s Advocacy, Performance & Customer Experience Unit. Key aspects are summarised as follows:

Proposed Use

The subject site is on Commercial Road in a Residential Growth Zone, located at the western edge of a stretch of commercial properties featuring retail, office and food and drink premises.

The Residential Growth Zone encourages a diversity of housing types in locations offering good access to services and transport including activity centres. It allows for non-residential uses to serve local community needs in appropriate locations.

The proposed use of the property as a restaurant operating under a Restaurant and Cafe Liquor Licence is considered compatible with the surrounding land use and may lead to the re-activation of a street frontage and property which is not currently in a useable condition without redevelopment works.

Cumulative impact

8 venues with active liquor licences operating within 100 metres and 57 venues with active liquor licences operating within 500 metres of the venue. According to Planning Practice Note 61 (Licensed premises: Assessing cumulative impact), cumulative impact should be considered as part of the assessment. As required by Clause 22.10 (Licensed Premises) of the Stonington Planning Scheme, licensed premises should not be concentrated to the extent that there is an adverse cumulative effect on the area. The subject site is on Commercial Road in a Residential Growth Zone, located at the western edge of a strip of commercial properties featuring retail, office and food and drink premises. The proposal is consistent with uses expected in a Residential Growth Zone and may lead to the re-activation of a street frontage. The proposed restaurant and café licence is generally considered a low risk venue with the availability of food and seating associated with lower levels of alcohol consumption. No live music is permitted and any music played on site is limited to low level background music ensuring noise is kept to a minimum. Given the potential for negative amenity impacts associated with the proposed redevelopment and use of the premises as a restaurant is considered minimal, the application to operate under a Restaurant and café liquor license is generally supported.

Proposed hours of operation as well as the liquor supply and consumption

The proposed operating hours and hours for the sale and consumption of liquor on the premises are consistent with the opening hours of other restaurants in the immediate area including the Tandoor Indian Restaurant immediately to the east.

Patron entry and exit will be via a redeveloped Commercial Road frontage where there is a tram stop and pedestrian crossing. Given the proposed use as a restaurant, queuing is unlikely and no late night licenced premises are located in the immediate vicinity meaning the movement of patrons between premises is also unlikely.

Proposed number of patrons

The application proposes a maximum capacity of 100 patrons. As set out by the Victorian Commissions of Gambling and Liquor Regulations (the Commission), the theoretical capacity is based on the ratio of one person per 0.75 square metres of the space available to the public. As measured on the plans, the application provides for an approximately 145 square metres to the public and thus is considered capable to accommodate approximately 180 patrons according to the ratio by the Commission. The proposal therefore is supported.

Overall

The primary concern associated with this application arise from its close proximity to residential properties. Recommendations to further mitigate potential negative impacts arising on nearby residences include:

oReduce the internal hours of operation and associated alcohol sales to 10pm from Sunday to Wednesday with an 11pm closing time retained for Thursday to Saturday.

oInclude a condition in the permit to ensure staff are trained in the Responsible Service of Alcohol

oInclude a condition in the permit to ensure signage is installed at both the entrance/exit way as well as on route to the toilets which are accessed via the external courtyard, reminding patrons to respect neighbourhood amenity and encouraging responsible patron behaviour in leaving /accessing the toilets quietly.

Planner comments

A detailed assessment will be included below. The recommended conditions will be incorporated as necessary.

Key Issues

Strategic Justification

The site is situated in a Residential Growth Zone (Clause 32.07) where use of the land as a restaurant requires a planning permit. The purpose of the zone seeks to ‘allow education, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations’. The decision guidelines of the zone calls for consideration of whether the use is compatible with surrounding residential uses and whether the scale and intensity of the use is appropriate to the context.

The site is situated on the southern side of Commercial Road where a number of existing commercial uses including retail, licensed premises and offices contribute to the viability of the area. Furthermore, the site sits on the border of Prahran Major Activity Centre Precinct, where the policy directions seek to:

Achieve a revitalised civic, entertainment and social core of the Activity Centre.

Encourage a mix of uses along main and side streets with active frontages and activities that requires interaction with customers, visitors and passers-by.

Enhance the role and identity of the precinct as a community, retail, commercial, social and residential hub.

The proposal as presented provides an active frontage to Commercial Road that is shared by commercial uses and will contribute to the vibrancy of the activity centre. It is considered to consistent with the purpose of the zone and appropriate to its context.

State Planning Policy

Clause 17 (Economic Development) of the Stonnington Planning Scheme defines that ‘planning is to contribute to the economic wellbeing of the state and foster economic growth by providing land, facilitating decisions and resolving land use conflicts, so that each region may build on its strengths and achieve its economic potential’. Clause 17.01-1S (Diversified Economy) identifies the objective to ‘strengthen and diversify the economy’. Most relevant is that Clause 17.02-2S (Out-of-centre Development) that aims to manage out-of-centre development. One of the strategies is to ‘give preference to locations in or on the border of an activity centre for expansion of single use retail, commercial and recreational facilities’.

As the site is located in close proximity to the Prahran Major Activity Centre Precinct and forms part of the Commercial Road commercial strip, the proposal is considered responsive to the State Planning Policy.

Local Planning Policy

Clause 21.03 (Vision) of the Stonnington Planning Scheme sets out strategic themes concerning economic development, housing, built environment and heritage, environment and open space, and infrastructure. With respect to economic development, this Clause recognises that entertainment and hospitality uses contribute to the vitality and viability of the city provided that they do not dominate or adversely affect activity centres and the surrounding residential areas.

Clause 21.04 (Economic Development) of the Stonnington Planning Scheme specifically seeks to support entertainment uses whilst managing the potential negative impacts of licensed premises and other entertainment uses on retail viability and adjoining residential amenity. The Policy contains strategies that ‘encourage licensed premises which trade after 11pm to locate at appropriate locations in principal and major activates centres and away from locations close to residential zones’, ‘in locations in or close to residential zones, ensure proposals will not adversely affect the amenity of adjoining residential properties by way of noise, hours of operations, traffic and parking issues and that there is adequate access to public transport or other transport’, and ‘manage the amenity and safety issues associated with outdoor dining and smoking’.

Directly related to the key focus area of economic development is Council’s Licensed Premises Policy at Clause 22.10 of the Stonnington Planning Scheme.

The Policy recognises the importance of licensed premises in the municipality in contributing to the vibrancy and economic strength of the municipality and seeks to provide reasonable commercial opportunities for the trading of licensed premises whilst mitigating adverse amenity impact on the surrounds.

In light of the above, the proposal is considered responsive to Council’s Local Policy for the following reasons:

The proposed use as a restaurant is considered to be a contributory element to Commercial Road that is featuring a combination of entertainment and hospitality uses. This is considered responsive to Clause 21.03 (Vision).

The proposal seeks to cease the restaurant and its associated liquor trading by 11pm inside the building, 8pm in the courtyard and 9pm in the footpath trading area. Furthermore, as tram and buses stops are located in front of the site, it provides convenient access to public transport. Overall, this is considered to be consistent with Clause 21.04 (Economic Development).

Further to the above, the proposal incorporates acoustic measures to the external seating area (i.e. the courtyard) and proposes a rear extension to appropriately separate the proposal from the residential buildings from the rear. Given the nature and the scale of the proposal, the proposal is considered to appropriately respond to Clause 21.10 (Licensed Premises Policy) and the premises will operate in a manner that provides for the safety of patrons, the general public and nearby owners and occupiers of land.

With respect to accumulative and amenity impacts, as identified in the referral comments from Council’s Advocacy, Performance & Customer Experience Unit, the proposal will not unreasonably result in any adverse impact on the surrounds in particular with regard to residential uses nearby. This will be discussed in detail in the following sections.

In light of the above, the proposed use as a restaurant and its associated liquor licence are considered generally consistent with Council’s strategic direction and supported in principle.

Cumulative impact

The purpose and the decision guidelines of Clause 52.27 (Licensed Premises) of the Stonnington Planning Scheme seek to address cumulative impact issues resulting from clusters of entertainment venues through planning assessment or licensed premises proposals. According to Planning Practice Note No. 61 (Licensed premises: Assessing cumulative impact), a cluster of licensed premises may occur where there are 3 or more licensed premises (including the proposed premises) within a radius of 100 metres from the subject land, or 15 or more licensed premises within a radius of 500 metres from the subject land.

Liquor licence data obtained from the Victorian Commission for Gambling and Liquor Regulation (VCGLR) indicates that there are 8 licensed premises and 59 licensed venues operating within a radius of 100 metres and 500 metres respectively. Importantly, in the case of Swancom Pty Ltd v Yarra CC (includes summary) (Red Dot) [2009] VCAT 923, the Victorian and Civil Administrative Tribunal (the Tribunal) made it clear that density of licensed premises in itself is not a determinant of ‘saturation’. The Tribunal established three key considerations in the assessment of ‘cumulative impact’ of licensed premises including the density of licensed premises in an area, the mix and type of the licensed premises, and existing amenity levels.

On balance, it is considered that the proposal will not result in unreasonable cumulative impacts for the following reasons:

The site is situated in close proximity to the Prahran Major Activity Centre Precinct. The existing streetscape of Commercial Road feature a mixture of land uses including various types of licenced premises. Given a designated role of the Major Activity Centre Precinct is to accommodate entertainment uses, it is not unreasonable to accommodate the existing density of licensed premises in this area.

The application seeks to use the land as a restaurant and its associated café and restaurant liquor licence. Unlike general or on-premises licence, a licensed restaurant is generally considered a low risk venue with the availability of food and seating associated with lower levels of alcohol consumption. In other words, a licensed restaurant is not a venue type that is likely to cause ‘alcohol related harm’.

As set out in Standard Licence Obligations – Restaurant and Café by Victorian Commission for Gambling and Liquor Regulations, a Restaurant and Café Liquor Licence authorises the sale of liquor for consumption on the premises; the predominant activity carried out on the premises must be the preparation and serving of meals to be consumed on the licensed premises; and table and chairs must be placed in position on the licensed premises so as to be available for at least 75% of the patrons attending the premises at any one time. Given the nature of the proposed licence, the proposal will not result in the sale of liquor for consumption off the premises. The potential for negative impacts associated with the proposal would be minimal.

In light of the above, the proposed use as a restaurant and its associated café and restaurant liquor licence will not detrimentally contribute to the cumulative impact within the immediate vicinity provided that any potential amenity impacts arising from the proposal are minimised. This is discussed in the following section.

Amenity Impacts

In Zerbe v City of Doncaster and Templestowe (1984) 2 PABR 101, it was stated that:

Amenity is an elusive but invaluable concept in town planning. The amenity of a neighbourhood is a complex of many attributes. It goes much further than mere “pleasantness” and “agreeableness”. In town planning terms, it embraces all the features, benefits and advantages inhering in the environment in question.

Amenity has also been equated with the planning objective at Section 4(1) (c) of the Planning Environment Act 1987, that is “to secure a pleasant, efficient and safe working, living and recreational environment”.

Of significance is that the case Swancom Pty Ltd v Yarra CC (includes summary) (Red Dot) [2009] VCAT 923 directs the assessment of amenity to take consideration of a particular location, the surroundings, the facts and circumstance of a particular matter.

With the above consideration, the proposal is considered to be acceptable for the following reasons:

The physical context

As discussed in earlier assessment, the policy, the context and established mixed uses in the surrounds support the inclusion of a licensed restaurant at the subject site. To ensure the proposed use and associated liquor licence operated as presented in the proposal, the following conditions are recommended:

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

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

The proposed hours of restaurant operation

It is proposed to operate the use as a restaurant between 7am and 11pm inside the building, between 8am and 8pm in the courtyard and between 8am and 9pm in the footpath trading area. A search of Council’s records indicate that the proposed hours for the use are generally consistent with the opening hours of other restaurants in the immediate area including the Tandoor Indian Restaurant to the immediate east. However, as recommended by Council’s Advocacy Unit, although the closing times in the external courtyard and the footpath trading area are supported, to minimise potential negative noise impacts on nearby residences, the hours of operation inside the building should be reduced to 10pm from Sunday to Wednesday with an 11pm closing time retained between Thursday and Saturday. This will be achieved by way of permit conditions.

The proposed hours of liquor supply and consumption

The proposed hours of liquor supply and consumption are consistent with the proposed hours of restaurant operation. Councils Licensed Premises Policy at Clause 22.10 states that trading after 11.00pm is discouraged for licensed premises adjacent to a residential zone/use. The operation of a Restaurant and Café Liquor Licence is considered consistent with the policy. Furthermore, as discussed above, the application is generally supported with the closing hours inside the building reduced from 11:00pm to 10:00pm from Sunday to Wednesday so as to mitigate any potential amenity impact. This will be reflected by way of permit conditions.

The proposed number of patrons

The proposed maximum number of patrons is 100 including 72 inside the building 24 in the rear courtyard and 4 in the footpath trading area. This is considered acceptable based on the capacity ratio regulated by the Victorian Commissions of Gambling and Liquor Regulation.

Building and works

The proposal involves buildings and works in association with the proposed use of the land as a restaurant. Key components are discussed in turn:

Street façade alteration

The proposed alterations to the street façade compromise the inclusion of fixed glazing panel, glazed panels (including operable and fixed), a timber style entry door and repainting to the remaining of the façade at both levels. These buildings and works are supported as they create a consistent built form with other commercialised uses in this area and provide a reactivated frontage to Commercial Road. It is therefore supported.

In addition, the proposed colours and materials are annotated on the proposed elevation plans, however not included in the submitted material schedule. A condition is recommended requiring all proposed colours and materials to be included in the Materials Schedule.

Rear extension (including an extension to the existing building and a rear addition)

The proposed rear extension incorporates two sections, including an extension to the existing building with a depth of 6.63 metres and an addition with a depth of 7.02 metres at the rear. The extension to the existing building will be constructed on the western and eastern boundary. The rear addition will be constructed on the western, eastern and southern boundary. With respect to heights, as shown on the proposed elevations, the proposed extensions are confined to the ground level and have a wall height of 3.4 metres resulting in an overall building height of 4.005 metres. Additionally, a courtyard with a depth of 4.48 metres is created resulting from the proposed extensions / additions. This is supported for the following reasons:

oThe proposed extension to the existing building creates additional internal seating so as to accommodate more patrons inside the building and subsequently reduce the capacity of the outdoor seating arrangement. This contributes to minimising potential amenity impacts.

oThe proposed addition at the very rear encompasses toilets, storage space, the bin room, bicycle facilities and other amenities as necessary. This is considered reasonable to business operation.

oWith respect to offsite amenity impact, it is noted that:

To the east, the proposed extensions abut the rear setback of the land at 50 Commercial Road, Prahran. However, as the property at the eastern adjoining land is used as a restaurant, as identified during site visits, the rear setback is used for car parking. In the absence of sensitive uses, the proposal will not result in any unreasonable amenity impact.

To the west is the land at 46 Commercial Road, Prahran, which houses a shop at ground level and a dwelling at first level. On the ground level, the existing building at the western adjoining land extends to the rear / south boundary. As such, the proposal will not have any direct interface with sensitive uses and thus result in no unreasonable amenity impact. On the first floor level, there is a balcony opposite the proposal. The southern end of the balcony is somewhat aligned with the southern wall of the proposed extension to the existing building at the subject site. As the proposed extensions / additions are confined to the ground level, the proposal will not create any overshadowing or daylight access to this balcony in question. Furthermore, the balcony ends somewhat where the proposed extension to the existing building finishes, any direct views from the courtyard will be blocked by the existing structure contained in the western adjoining land. That means that the proposal will not create unreasonable overlooking into this balcony. With respect to potential noise, it should be noted that trading as well as liquor service will cease by 8pm in the courtyard, and the operable roof will enclose the courtyard outside the permitted trading and liquor service hours. Given that the balcony is not directly interfacing with the courtyard and the closing time of the courtyard (i.e. 8pm) is conservative in nature, it is considered that the proposal will not create any unreasonable noise impact on the balcony or the first floor dwelling at the western adjoining land.

To the south, as the site abuts an unnamed lane, the proposed rear addition will have a minimum distance of 4.2 metres from the residential use to the south. The rear extension will prevent any potential overlooking cast onto the residential buildings to the south. The existence of the lane at the rear also contemplates a mitigation to any potential overshadowing or noise impacts cast onto the residential buildings to the south.

Operable roofing structure over the courtyard

The applicant proposes to incorporate an operable roofing structure over the rear courtyard. This is supported as it contributes to mitigating potential noise impact. The applicant also provided examples of operable roofs in the Materials Schedule. To ensure that the operable roofing structure is constructed as per the readvertised plans, a condition is recommended requiring the submission of relevant information sheets that entails specifications of the proposed roofing structure.

Waste

The assessment plans show a rear extension constructed along the western, eastern and rear boundary with a depth of 7.02 metres. This rear extension contains storage space, bicycle spaces, toilets and the designated bin room. This bin room is accessible via the existing lane to the south of the site. As stated in the applicant’s submission, all waste generated will be stored within the designated bin room which will be cleaned and maintained by the licensee. It also states that in accordance with Council’s Local Laws, all waste collection will be collected by a private contractor between 7am and 9pm from Monday to Saturday, and between 9am and 6pm on Sunday and Public Holidays. As the proposed waste collection acknowledges the requirement set out by Council’s General Local Laws, this arrangement is considered adequate. That said, objections were raised concerning waste management and collection at the premises and the associated noise impact. It is recommended to include a permit condition that requires a Waste Management Plan addressing any potential issues. Besides, it is also recommended to include the following standard conditions thereby minimising potential amenity impacts:

Bottles and rubbish must not be removed from inside the building between the hours of 9pm and 8am the following day.

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

Noise

One of the key concerns raised by the residents is related to the potential noise emanating from the operation of a licensed restaurant. Key considerations are discussed in turn:

The nature of the business

As discussed above, a licensed restaurant is considered of low risk and will not generate unreasonable noise impact given the nature. The proposed hours of operation and liquor service comply with Council’s Licensed Premises Policy. In the absence of any components that contemplates late night trading, the proposal as a whole will not create unreasonable noise impact on the surrounds.

Patron access

Objectors’ concerns have the question of patron access from the lane resulting in noise impacts onto the residential properties to the south. As the proposal incorporates 4 bicycle parking spaces at the rear addition, it is also a concern raised to Council that exiting from the premises after bicycle collection would occur at the rear which create activity noise impacts for the residential uses to the south.

The applicant’s submission is that patron access is provide via Commercial Road and no public access is provided from the rear. To make this arrangement effective, a condition is recommended requiring annotations on the plans stating that patron access is only provided via Commercial Road main entrance. With respect to the bicycle arrangement, as stated in the Permit Trigger section, the required bicycle spaces are provided to the employees. To prevent potential noise from the public use, a condition is recommended stating that all bicycle spaces are provided to the staff only.

Courtyard seating arrangement

The application includes courtyard seating between the rear extension to the existing building and the rear addition. The courtyard will accommodate 24 patrons. The majority of the concerns raised to Council are related to this courtyard seating arrangement. The courtyard is supported for the following reasons:

oThe courtyard trading including the operation and the liquor service is proposed between 8am and 8pm. This is considered reasonable as it is responsive to relevant planning policy and supported by Council’s Advocacy Unit.

oOutside the trading hours, the courtyard will be covered by a roofing structure constructed of Colorbond thereby limiting any noise impact emanating from the premises. This is considered a sensible resolution. This will also be addressed by way of permit conditions.

oAs discussed above, there will be no public access from the rear by way of permit conditions. This will limit the noise travelling between the courtyard and the residential properties to the south.

oIt is a concern raised to Council that the access to the toilet can only be achieved by walking through the courtyard, and this would result in undue noise impact on the abutting properties. The travel to the toilets is considered of low risk in its nature. Most importantly, the incorporated operable Colorbond roof above the courtyard will limit any noise travel outside the trading hours. It is therefore considered that any potential noise from the courtyard will be con