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Ordinary Council Meeting Agenda Monday 27 April 2020 at 7 pm Main Hall, Malvern Town Hall Corner Glenferrie Road & High Street Malvern

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Page 1: Meeting Agenda Ordinary Council€¦ · Ordinary Council Meeting 27 April 2020 - Agenda 3 of 243 Welcome Welcome to a Stonnington City Council meeting. These meetings are an important

Ordinary Council Meeting AgendaMonday 27 April 2020 at 7 pm

Main Hall, Malvern Town HallCorner Glenferrie Road & High Street Malvern

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VisionStonnington 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, MayorCr John Chandler, Deputy MayorCr Glen AtwellCr Sally DavisCr Marcia GriffinCr Judy HindleCr Jami KlisarisCr Matthew KoceCr Melina Sehr

Chief Executive Officer Jacqui Weatherill

Executive StaffTracey Limpens – Acting Director Corporate ServicesStuart Draffin – Director Planning & PlaceCath Harrod – Director Community & WellbeingRick Kwasek – Director Environment & InfrastructureJim Carden – Acting Director Engagement & Innovation

Reconciliation StatementWe 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 StatementWe 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.

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WelcomeWelcome 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 meetingThe 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 publicCouncil 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 galleryIf 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).

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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 PublicThe 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.

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(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, Deputy Mayor and Councillors, Stonnington City Council

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Ordinary Council MeetingAgenda

Monday 27 April 2020Order of Business

1 Reading of the Reconciliation Statement and Affirmation Statement.........................8

2 Introductions.....................................................................................................................8

3 Apologies ..........................................................................................................................8

4 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).....................8

4.1 Minutes of the Ordinary Council Meeting held on 16 March 2020, Confidential

Council Meeting held on 16 March 2020 and Minutes of the Special Council

Meeting held on 27 March 2020 ...............................................................................8

5 Disclosure by Councillors of any conflicts of interest in accordance with Section

79 of the Act ......................................................................................................................9

6 Questions to Council from Members of the Public .......................................................9

7 Correspondence (only if related to Council business) .................................................9

8 Questions to Council Officers from Councillors ...........................................................9

9 Tabling of Petitions and Joint Letters ............................................................................9

10 Notices of Motion..............................................................................................................9

11 Reports of Special and Other Committees - Assembly of Councillors .......................9

12 Reports by Delegates .......................................................................................................9

13 General Business ...........................................................................................................10

13.1 Planning Application 0863/19 - 34 Armadale Street, Armadale..............................10

13.2 Planning Application 0176/19 - 20 Harold Avenue, Glen Iris ..................................45

13.3 Planning Application 0713/18 - 727-729 Malvern Road, Toorak ............................64

13.4 Planning Amendment 0974/17 - 4 Paran Place, Glen Iris ......................................98

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13.5 Planning Application 0605/19 - 113-121 Chomley Street, Prahran ......................128

13.6 Planning Amendment 0065/18 - 1412-1416 High Street, Malvern .......................150

13.7 Planning Amendment 303/01 - 199 Commercial Road, South Yarra ...................161

13.8 Planning Application 0882/18 - 275 Waverley Road, Malvern East .....................176

13.9 Planning Application 1133/16 - 3, 5 & 7 Percy Street, Prahran ............................198

13.10 Local Parking Restrictions Survey in Streets in the Vicinity of Chadstone Road -

Results from Reconsultation.................................................................................218

13.11 Amendment C285 - Neighbourhood Character Overlays in Prahran and Malvern

East - Adoption .....................................................................................................222

13.12 Darling Street, South Yarra - Proposed Parking Restrictions ...............................226

13.13 Proposed Road Discontinuance of Laneway Between 851-853 Dandenong Road

and 1 Clarence Street Malvern East .....................................................................229

13.14 Audit Committee Chairs Annual Report 2019.......................................................233

13.15 Budget 20/21 Update............................................................................................235

13.16 Lease of 162 Alexandra Avenue, South Yarra .....................................................237

13.17 Proposed Permanent Provisions for Non-Government Schools - Submission.....239

14 Other General Business...............................................................................................242

15 Urgent Business ...........................................................................................................242

16 Confidential Business..................................................................................................243

16.1 Confidential: Regional Kitchen Pty Ltd .................................................................243

16.2 Confidential: Local Parks Program Funding .........................................................243

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1 Reading of the Reconciliation Statement and Affirmation Statement

2 Introductions

3 Apologies

4 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)

4.1 Minutes of the Ordinary Council Meeting held on 16 March 2020, Confidential Council Meeting held on 16 March 2020 and Minutes of the Special Council Meeting held on 27 March 2020

4.1 Minutes of the Ordinary Council Meeting held on 16 March 2020, Confidential Council Meeting held on 16 March 2020 and Minutes of the Special Council Meeting held on 27 March 2020Officer RecommendationThat the Council confirms the Minutes of the Ordinary Council Meeting of the Stonnington City Council held on 16 March 2020, Minutes of the Confidential Council Meeting held on 16 March 2020 and Minutes of the Special Council Meeting of the Stonnington City Council held on 27 March 2020 as an accurate record of the proceedings.

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

6 Questions to Council from Members of the Public

7 Correspondence (only if related to Council business)

8 Questions to Council Officers from Councillors

9 Tabling of Petitions and Joint Letters

10 Notices of Motion

Nil.

11 Reports of Special and Other Committees - Assembly of Councillors

12 Reports by Delegates

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13 General Business

13.1 Planning Application 0863/19 - 34 Armadale Street, Armadale

Coordinator Statutory Planning: Anthony DePasqualeDirector Planning & Place: Stuart Draffin

Purpose of Report

For Council to consider a planning application for the construction of a multi-dwelling development in a General Residential Zone on the land at 34 Armadale Street, Armadale.

Officer Recommendation Summary

That Council authorise Officers to issue a Notice of Decision to Grant a Planning Permit subject to conditions outlined in the Officer Recommendation.

Executive Summary

Applicant: Urbis Pty LtdWard: SouthZone: General Residential Zone Schedule 10Overlay: Not applicableNeighbourhood Precinct: Garden Suburban 1 Date Lodged:Formally revised (Section 57A):

21 October 201910 February 2020

Statutory Days:(as at Council Meeting date)

77

Trigger for Referral to Council: More than seven (7) objections receivedNumber of Objections: 24 properties (31 objections)Consultative Meeting: Yes – held on 29 January 2020Officer recommendation: Notice of Decision to Grant a Planning Permit

Background

The Proposal

The application was submitted to Council on 21 October 2019. Revised plans were submitted on 10 February 2020, with further discussion plans submitted on 4 and 18 March 2020 as specified below.

The plans that form part of the basis of Council's consideration were prepared by Inglis Architects and are known as Drawing No.s: TP1.1-1.3 (Rev 2), TP2.1-2.5 (Rev 3), TP3.1-3.2 (Rev 3), TP4.1 (Rev 2), TP4.2-4.4 (Rev 1), TP4.5 (Rev 2), TP4.6-4.7 (Rev 1), TP5.1-5.7 (Rev 2), TP6.1 (Rev 2), TP9.1-9.2 (Rev 2) and Landscaping Plans (TP01-09) prepared by Jack Merlo, an Arborist report prepared by Treelogic, a Sustainability Management Plan prepared by Ark Resources, a Waste Management Plan prepared by Leigh Design all Council date stamped 10 February 2020.

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Additionally, the application was accompanied by a Planning report prepared by Urbis, a Design Response Statement prepared by Inglis Architects, Land Survey Plans prepared by Nilsson Noel and Holmes Surveyors, Council date stamped 22 November 2019.

Key features of the proposal are:

Development of 13 three-bedroom dwellings, within a three-storey apartment style residential building

26 car parking spaces are provided within a basement level (two cars allocated to each dwelling) accessed from a modified crossover to Armadale Street

The maximum proposed building height is 10.0 metres from natural ground level A flat roof is proposed, with rooftop services concealed behind a 1.8 metre high

perforated screen. Materials and finishes consist of slim profile face brickwork in light grey, light and mid

grey cement render, natural concrete, bronze cladding, dark grey powder-coated window and door frames, black powder-coated metal fin front fence, light brown powder-coated external louvers, brass clad planter boxes and bronze woven metal mesh detailing

Retention of an existing established Peppercorn tree (Tree 9) within the south-west corner of the site

The revised plans submitted 10 February 2020 (via Section 57A of the Planning and Environment Act 1987) as listed above included the following changes:

Garage door added to the base of the vehicle ramp; Rainwater tank increased from 20kL to 30kL within the Basement Level; Clarification of waste storage and management on basement plan and Waste

Management Plan; Minor relocation of bicycle storage to improve functionality within the Basement Level; Full pedestrian sight triangles shown to the north of the driveway and addition of a

convex mirror to assist with sightlines to the south of the driveway at Ground Level; Demonstration of 1.3 metre wide vehicle crossover splays and notation to confirm

alteration of existing crossover; Notation confirming the relocation of the existing street parking signage; Alteration to windows of Dwellings G.2, G.3, G.4 and G.5; Internal layout alteration to Dwellings G.3, G.4 and G.5 (no changes to setbacks); Width of planter and window associated with Dwelling 1.2 reduced; Dwelling 2.2 (at Second Floor level) increased in setback from southern boundary by

0.55 metres (overall setback increased to 9.0 metres from southern boundary); Deletion of planter boxes to the south of Dwelling 2.2; Addition of overlooking fin to southern parapet associated with Dwelling 2.2 in lieu of

deletion of planter as above; and Various minor, inconsequential functional layout alterations.

It is noted that the discussion plans submitted 4 March 2020 informally substitute Drawing No.s: TP2.1-2.2 (Rev 4), TP9.2 (Rev 3), Landscaping Plans TP01-09 (Rev M) and Traffic Impact Statement prepared by GTA Consultants. The discussion plans demonstrate the following changes:

Reduction in the width of the basement aisle from 6.1 to 5.8 metres, with an increase in setback of the basement from the southern boundary from 2.8 to 3.1 metres and introduction of additional landscaping along the southern boundary.

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Additional discussion plans were submitted 18 March 2020 which informally substitute Drawing No.s: TP2.5 (Rev 4), TP3.1-3.2 (Rev 4), TP4.1 and TP4.5 (Rev 3), TP4.2-4.4 and TP4.6-4.7 (Rev 2), TP5.1 (Rev 3) and TP5.7 (Rev 3). The discussion plans rectify discrepancies relating to overall height dimensions and finished floor/ceiling levels, to confirm that the proposal is a maximum of 10.0 metres from natural ground level.

Site and Surrounds

The site is located on the eastern side of Armadale Street, Armadale. The site has the following significant characteristics:

The land is irregular in shape with a frontage of 23 metres, maximum site depth of 56.9 metres, and an overall area of 1722 square metres.

The topography of the site is generally flat and is not encumbered by any easements. The subject site is currently vacant. It is noted that a single-storey dwelling that

previously occupied the site was demolished in 2019 with valid building approval. As the subject site is not affected by a Heritage Overlay, a planning permit was not required for the demolition works. Other features on the site which were removed included a tennis court located to the north portion of the lot, with scattered established vegetation retained throughout the site.

The site is accessed via a single width crossover to the south of the site frontage. The nature-strip adjacent to the site frontage at 34 Armadale Street currently

accommodates two established street trees.

Surrounding residential development is characterised by a mix of single and double storey dwellings, as well as an existing three storey apartment building constructed circa 1960's opposite the subject site at 31-33 Armadale Street. There are a number of medium density developments evident in the immediate area, including directly east of the subject site, at 49 and 51 Kooyong Road, each accommodating a three-storey apartment building. The local area is also characterised by pockets of local public open space. It is noted that none of the allotments adjoining the subject site are affected by any planning overlays.

The relevant interfaces with the subject site include:

North (34A, 36 and 38 Armadale Street)

Due to the shape and size of the subject site, the land abuts three (3) properties to the north including 34A, 36 and 38 Armadale Street, each with a frontage to Armadale Street.

34A Armadale Street accommodates a single storey dwelling and 36 and 38 Armadale Street each accommodate a double storey dwelling. 34A, 36 and 38 Armadale Street are setback 8.4, 8.5 and 5.8 metres from the Armadale Street frontage respectively.

Private open space to each of the dwellings is located to the rear (east) which abuts the shared boundary to the subject site.

Scattered vegetation is located throughout the sites, with a tree located within the frontage of each.

Each site includes a separate vehicle crossover and onsite parking provision. Along the site frontages, 34A is fenced with a low level (approximately 1.2 metre)

timber picket fence, 36 with an approximately 1.8 metre tall timber picket fence and 38 with an approximately 1.8 metre tall metal picket fence.

South (32 Armadale Street)

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Land adjoining the subject site to the south is known as 32 Armadale Street. The site accommodates a large, single-storey dwelling which is setback approximately 11.5 metres (to the verandah) and 13.4 metres (to the dwelling façade) from Armadale Street, with a car parking structure located forward of the dwelling setback 3.0 metres from Armadale Street.

Private open space is provided to the north-east of the site and directly abuts the shared boundary with the subject site. It is noted that the private open space to 32 Armadale Street includes a swimming pool and sitting area within close proximity of the shared boundary.

The site is accessed via a crossover to the centre of the frontage to Armadale Street. The site frontage accommodates two trees toward the north and is fenced with an

approximately 1.8 metre tall cement rendered front fence, with black metal pedestrian and vehicle access gates.

East (49, 51 and 55-59 Kooyong Road)

The subject site has an extensive rear boundary width and shares a direct interface with three allotments each containing existing multi-dwelling developments.

49 Kooyong Road currently accommodates a three-storey brick apartment building with a flat roof. A paved car parking area is located to the rear of the building directly abutting the subject site, with pedestrian and vehicle access gained via Kooyong Road. The site includes established vegetation located within the frontage and is unfenced.

51 Kooyong Road currently accommodates a three-storey brick apartment building with a flat roof. A paved car parking area is located to the rear of the building directly abutting the subject site, with pedestrian and vehicle access gained via Kooyong Road. The site includes established vegetation located within the frontage. The site is fenced along the Kooyong Road frontage with a brush fence approximately 1.8 metres in height.

The land at 55-59 Kooyong Road currently accommodates a multi-dwelling development comprising six single-storey dwellings with pitched roofs. It is noted that the site has been subdivided and Dwelling 3 abuts the shared boundary with the subject site. The dwellings are accessed via a central accessway from Kooyong Road, providing on-site parking for each dwelling.

West (31-33 Armadale Street and Armadale Reserve)

On the opposing side of Armadale Street is 31-33 Armadale Street, which accommodates a three-storey brick apartment building with a pitched roof. The building is setback from Armadale Street approximately 4.4 metres from the front title boundary.

The site is accessed via a single width crossover to Armadale Street, providing vehicle access via an accessway along the northern site boundary. Private open space is provided in the form of above-ground balconies. Established vegetation is located within the site frontage. The site is currently fenced along the Armadale Street frontage with an approximately 1.8 metre tall solid brick fence.

Also opposite the subject site is 27-29 Armadale Street which is known as Armadale Reserve, a local area of public open space within a Public Park and Recreation Zone and is partially affected by the Special Building Overlay. Armadale Reserve measures approximately 4517 square metres and accommodates established vegetation, grassed areas and play equipment. Armadale Reserve is accessed via Armadale Street and Sutherland Street, further west.

Previous Planning Application

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Planning application 840/18 for the construction of a multi-dwelling development (3 storeys, 10 dwellings over a basement) was refused under delegation on 6 November 2018.

Grounds of refusal are summarised as follows: Inadequate response to Neighbourhood Character by virtue of its insufficient setback

to Armadale Street, excessive visual bulk, dominant built form and lack of meaningful landscaping provision.

The design response inadequately responds to the massing and siting outcomes in the street and will not contribute positively to the local context and public realm.

The proposal crowds side and rear boundaries and fails to provide adequate landscaping.

Unclear if compliant with Garden Area (later resolved). Inadequate response to ESD and Storm Water Management. Inadequate response to Standards of Clause 55 including B3 (Dwelling Diversity), B5

(Integration with the Street), B6 (Street Setback), B31 (Design Detail), B35 (Energy Efficiency), B39 (Integrated water & storm water management), B42 (Building entry and circulation), B45 (Waste and recycling).

The application received 60 objections and a petition with 8000+ signatories, based primarily on excessive built form, Neighbourhood Character, off-site amenity impacts, landscaping and demolition of the existing house due to perceived heritage significance. It is noted that the site was/is not protected by a Heritage Overlay, therefore is not subject to a planning permit for demolition works. As noted above, the existing dwelling was demolished in 2019.

The application was appealed under Section 77 (VCAT reference P2300/2018) and the Tribunal upheld Council’s decision to refuse the planning permit on 8 August 2018.

It is important to note that the Tribunal acknowledged that the site was capable of accommodating a multi-storey, multi-dwelling proposal. However, the Tribunal’s Order of 8 August 2019, provided detailed discussion regarding the shortcomings of the proposal under 840/18. This will be discussed further within the assessment section of this report.

The Title

The site is described on Certificate of Title Volume 10238 Folio 083 / Lot 2 on Plan of Subdivision 338816Q and no covenants or easements affect the land.

Planning Controls

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

ZoneClause 32.08 – General Residential Zone (Schedule 10)Pursuant to Clause 32.08-6 a permit is required to construct two or more dwellings on a lot. An application to construct two or more dwellings on a lot is required to be assessed against the provisions of Clause 55 of the Stonnington Planning Scheme.

The application requires a planning permit pursuant to the zone. It is noted that Schedule 10 of the Zone varies the following requirements of Clause 55:

Standard Requirement Complies?B8 – Site coverage Basements should not exceed 75% of the site area. YesB13 – Landscaping In addition to the requirements of B13, at least one Yes

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canopy tree should be planted on the site.B17 – Side and rear setbacks

For a distance of at least 5 metres behind the front facade of the building fronting the street, setback new buildings (including basements) a minimum of 2 metres from at least one side boundary and at least 1 metre from the other side boundary up to 3.6 metres in height.

Where no setback is specified, standard B17 applies.

Yes

B18 – Walls on boundaries

Walls should not be located on side boundaries for a distance of 5 metres behind the front façade of the building fronting the street.

N/A

Maximum Building Height

With regard to overall height, Schedule 10 to the General Residential Zone specifies that:

A building used as a dwelling or a residential building must not exceed 9 metres unless the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the height of the building must not exceed 10 metres.

The maximum height of the proposed building is 10.0 metres, which is compliant with the mandatory maximum height, as the land comprises a slope of greater than 2.5 degrees for a minimum distance of 8 metres in the location of the building. As such, the topography of the site (as indicated by the Section Diagrams on TP4.3 submitted with the application) allows for a maximum height of 10.0 metres from natural ground level.

Garden Area

Due to the size of the site (1722 square metres), the application must provide 35% of the site as garden area at the ground floor level. The application proposes 42.3% of the site as Garden Area (TP 9.1) which demonstrates clear compliance.

Particular Provisions

Clause 52.06 – Car Parking

Pursuant to Clause 52.06-2, before a new use commences the number of car parking spaces required under Clause 52.06-5 must be provided. A permit is required to reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5.

Pursuant to Clause 52.06-2 the following car parking rates are required to be provided on site:

Usage Number/Area Rate Required Spaces

Residential 13 x 3+ bedroom dwellings 2 spaces per dwelling 26

Visitor parking 0 0* 0Total spaces required 26

*The rates that apply fall within Column B of Clause 52.06 (Car Parking). These rates apply if any part of the land is identified as being within the Principal Public Transport Network

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Area as shown on the Principal Public Transport Network Area Maps (State Government of Victoria, August 2018). The subject site has been identified as being within 400 metres of a train station or a tram/smartbus corridor and therefore is within the Principal Public Transport Network Area.

Relevant Planning Policies

Clause 15 Built Environment and HeritageClause 16 HousingClause 21 Municipal Strategic StatementClause 21.03 VisionClause 21.05 HousingClause 21.06 Built Environment and HeritageClause 22.05 Environmentally Sustainable DevelopmentClause 22.18 Stormwater ManagementClause 22.23 Neighbourhood Character PolicyClause 32.08 General Residential ZoneClause 52.06 Car ParkingClause 53.18 Stormwater Management in Urban DevelopmentClause 55 Two or more dwellings on a lot (ResCode)Clause 65 Decision Guidelines

Advertising

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

The site is located in South Ward and 31 objections from 24 different properties have been received, they are summarised as follows:

Inadequate response to the VCAT Order pertaining to previous refused development Demolition of the existing dwelling and the lack of Heritage controls applicable to the

land Overdevelopment/bulk/dominant built form Inconsistent with Neighbourhood Character Car parking and traffic Lack of visitor parking provision Impacts on existing vegetation Insufficient landscaping provision Inadequate front, side and rear setbacks Excessive site coverage Building height Overlooking Overshadowing Noise (during construction and occupation/air conditioning units) Property devaluation

A Consultative Meeting was held on 29 January 2020 at the Council Chambers. The meeting was attended by Councillor’s Hindle and Stefanopoulos, representatives of the applicant, objectors and Council Planning Officers. The meeting resulted in changes to the plans, which were submitted formally to Council via Section 57A dated 10 February 2020

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with additional discussion plans submitted 4 March as detailed in the Proposal section of this report.

It is noted that the revised plans received on 10 February, 4 and 18 March 2020 were not formally advertised to objectors and interested parties, as the changes sought to reduce built form and were not considered to result in additional material detriment. The revised plans have been made available to all objectors and interested parties prior to Councils’ meeting to determine the application.

Referrals

The application was referred to the following Council departments for comment. It is noted that where changes were made within the discussion plans dated 4 March 2020, updated comments have been sought from the relevant department as detailed below. As the discussion plans submitted to Council on 18 March 2020 sought to clarify levels with no proposed changes to the design or form, this iteration of the plans was not required to be re-referred.

Urban Design

The following comments are relevant to plans Council date stamped 22 November 2019 (which make comparison to plans refused under 840/18 on 15 November 2018), with comments on the formally revised plans below:

The overall bulk of the building has been noticeably reduced, and setbacks increased, primarily along the southern, eastern and northern perimeters of the building.

The upper-level bulk, presenting to the street, has also been moderated by increasing the front setback of the third level.

Whilst the majority of my previous concerns have been satisfactorily addressed; the following concerns remain:o It appears that the south-east corner of the building, at the middle and upper-

floor levels, continues to interfere with the integrity of the canopy of the existing large tree. In addition, the illustration of this tree on drawing TP3.2 – South Elevation, does not accurately represent the extent of the existing canopy. The applicant is requested to accurately illustrate the canopy spread and carefully define the extent of pruning to this large existing tree.

o The proposed landscape treatment (4m high vegetation) along the interface with the southern neighbouring property is inadequate and should be strengthened with a number of small canopy trees (6-7m high).

o The applicant is requested to provide for approval, a fully illustrated materials and colour palette to identify all elements of the external cladding.

Comments on revised plans dated 10 February and 4 March 2020:

The amended plans now satisfactorily address my previous concerns.

Officer comment: No further information or conditions are required.

Transport and Parking

The following comments are relevant to plans Council date stamped 22 November 2019, with comments on the formally revised plans below:

The on-site parking provision meets the Planning Scheme requirement.

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The applicant’s traffic engineer has stated the expected traffic generation to be in the order of 78 vehicle movements a day and 8 vehicle movements in the peak hours respectively. This is considered to be reasonable and is unlikely to significantly impact the surrounding network.

The plans show the ramp has a width of 3.6 metres between walls, which accords with the Australian Standards requirements.

Swept path assessment has been provided that show a B99 vehicle can use the ramp and negotiate the bend. This can be considered satisfactory.

It is unclear if a roller door or gate will be installed at the basement ramp. This should be clarified and shown on the plans.

The elevation and section plans indicate that headroom clearance of 2.85 metres will be provided at the lowest point along the access ramp and through the basement. This is considered satisfactory.

A full pedestrian sight triangle measuring 2.0 x 2.5 metres shall be provided on the north side of the exit. A partial pedestrian sight triangle measuring 0.7 x 2.5 metres is provided on the south side of the exit. This is due to the side fence of the abutting property. It is suggested that a convex mirror be provided to assist sight lines.

Landscaping and structures located within the pedestrian sight triangles must be below 0.9 metres measured from the accessway level.

Parking bays are designed in accordance with the requirements of the Scheme. Spaces abutting walls have additional clearance to assist with access, columns are

generally located within 0.25-1.25 metres from the aisle end of car spaces, blind aisle extensions are provided and no doors open into vehicle circulation aisles, which is satisfactory.

The proposed ramp grades are satisfactory. The proposal is less than four storeys therefore does not trigger a formal bicycle

parking requirement. Notwithstanding this, a total of 16 bicycle parking spaces are proposed in the basement level however a number of design issues should be considered: o AS2890.3-2015 requires that at least 20% of all on-site bicycle spaces be

provided horizontally, to cater for those unable to lift a bicycle to a wall mounted bike rack. This has not been met in this case.

o Three bicycle spaces are be proposed in storage areas and may impact available space.

o The five spaces proposed next to the bin store have insufficient room to transport bicycles between the spaces.

A new 3.6 metre wide crossing is proposed near the southern boundary. This is wider than Council’s Vehicle Crossing Policy, however the wider crossing matches the accessway ramp and is supported.

Straight 1.3 metre wide vehicle splays are to be provided on the plans on either side of the crossing, starting from the edge of the footpath.

The redundant vehicle crossing will need to be removed with kerb, channel, nature strip and footpath reinstated to the satisfaction of the Responsible Authority.

There is a linear control parking sign located 1.5 metres north of the existing vehicle crossing. The parking sign will require relocation.

Transport and Parking Unit would not consider alterations to on-street parking to assist with residential loading. Where the developer has made a conscious decision not to include appropriate loading facilities on-site, it should not be assumed that this will be accommodated in the public road network.

The access point for the development is within a road narrowing along Armadale Street for traffic calming purposes. There is no objection to utilising the access point, but the applicant must be made aware that Council will not change the existing on-street design to accommodate the development.

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Comments on revised plans dated 10 February and 4 March 2020:

A garage door has now been shown on the basement floor plan, however the applicant is to confirm that a minimum headroom clearance of 2.2m will be provided in this location.

A convex mirror has been included on the ground floor plan to the northern side of the vehicle crossover (within the title boundary). This is considered acceptable.

As previously stated, landscaping and structures located within the pedestrian sight triangles must be below 900mm in height measured from the accessway level.

The applicant is to confirm bicycle rack spacing in accordance with the Australian Standards. It is noted that some bollards have been provided to protect bicycles from vehicle movements.

The Transport and Parking Unit previously raised concerns with the five hanging spaces next to the bin store. This has been revised to provide eight spaces in double sided racks. The plans show a bicycle parking depth of 1.8m, but the rack spacings are also not shown. The applicant is to confirm that a spacing of 1m will be provided, as per the Australian Standards requirements.

As previously advised, the three spaces that are proposed within specific storage areas may impact available space. As there is sufficient bicycle parking proposed elsewhere in the car park it is recommended that these racks be deleted.

The visitor bicycle spaces at ground level are shown with a depth of 1.35m, with the racks at an angle. No other dimensions have been provided so it is not possible to make an assessment of whether this is satisfactory. The applicant is to provide dimensions of the width of the space, and rack spacing. It is also noted that the racks project into the pedestrian path. This is not acceptable.

The plans have been revised to show a width of 3m and splays of 1.3m as per the requirements of the Vehicle Crossing Policy. A notation has also been included on the plan regarding the removal of redundant crossings.

The applicant has included a notation on the plan regarding the parking sign, this is acceptable.

The application proposed a reduction in the internal basement aisle width from 6.17 metres to 5.8 metres (to increase the basement setback from the southern boundary for enhanced landscaping). This change imposes no negative impacts regarding vehicle movements and is considered satisfactory.

Officer comment: The above comments regarding clearance of the proposed garage door, obstructions within the sightline triangles, bicycle parking space clearance widths, deletion of bicycle storage within private storage areas and additional details of visitor bicycle parking spaces and clearance from pedestrian path will be included as conditions of approval. It is noted that all other concerns have been adequately addressed via the revised plans.

Parks

The following comments are relevant to plans Council date stamped 22 November 2019, with comments on the formally revised plans below:

There appears to be some confusion generated within the tree report as to the locations of trees to be retained and removed. Tree 9 is scheduled to be retained, which is located to the north of the tree to be removed, Tree 8 (both Peppercorn trees). The tree report needs to be amended to clarify their locations within the site, or the incorrect tree could be removed in the future.

A Tree Management Plan (TMP) will need to be conditioned for this permit, and must include Tree 10 (Chinese Elm) located adjacent to the northern boundary within 55-59 Kooyong Road, and the two street trees.

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Site permeability requirements are reliant on the fact that all paving beyond the basement will be laid on a no-fines concrete slab. This will be hard to confirm / enforce during the construction process.

Tree Deeds will be required for the retained Peppercorn tree and two established Claret Ash and Sweet Gum street trees.

Comments on revised plans dated 10 February and 4 March 2020:

The revised tree report and landscaping plan is acceptable. Tree Management Plan and Tree Deed conditions required.

Officer comment: A Tree Management Plan (TMP) will form a condition of any permit issued and will include Tree 9 (Peppercorn) located on the subject site, Tree 10 (Chinese Elm) located adjacent to the northern boundary within 55-59 Kooyong Road, as well as the two established street trees (Claret Ash and Sweet Gum) adjacent to Armadale Street.

A Tree Deed will be required as an additional condition of approval for Tree 9 (Peppercorn) and the two established street trees (Claret Ash and Sweet Gum). It is noted that a Tree Deed cannot be applied to a tree on adjoining private land (ie. Tree 10).

Furthermore, standard landscaping conditions will be included on any permit issued.

Environmentally Sustainable Design (ESD)

The application demonstrates the following ESD commitments:

Achieves a BESS score of 60%, Achieves a STORM score of 103%, 10 kW rooftop solar photovoltaic system, A 20,000L rainwater tank (RWT) collecting water from 773m2 of roof area and

connected to all toilets and irrigation, Achieves a minimum average NatHERS energy rating of 6.5 stars Heating and cooling systems for living areas provided by reverse cycle heat pumps

with 3 stars, Hot water supplied by a central gas instantaneous hot water system with a minimum

appliance efficiency of 86%, Lighting density to be reduced to at least 20% below NCC, Water efficient fixtures include WELS 4 star toilets, 5 star taps 3 star showers, A total of 20 (16 residents and 4 visitor) bike parks, Low VOC products and paints, A target recycling rate of 80% of construction and demolition waste.

Conditions to be included (in conjunction with standard ESD conditions) on any permit issued: External shading devices such as louvres, or an alternative shading method

incorporated into the design to minimise solar heat gains along the north, east and west elevation windows to habitable rooms, to the satisfaction of the Responsible Authority.

A notation is to be included on the plans confirming the Living areas walls and ceiling of apartment G.3, G.4, G.5, G.6, 1.4 and the bedroom of apartment G.3 are to be finished with a white paint which is to have a minimum reflectance of 94% as assumed for the daylight model.

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Officer comment: The above will form conditions of any approval issued.

Infrastructure

No objection, subject to the inclusion of conditions to manage drainage and stormwater run-off from the site as a result of the proposed development.

Officer comment: The above will form conditions of any approval issued.

Waste Management

No objection, subject to the inclusion of conditions requiring the submission of a Waste Management Plan for endorsement, consistent with the WMP referred to Council’s Waste Management Department for review.

Officer comment: The above will form conditions of any approval issued.

Local Laws (Crossover)

Building and Local Laws don’t object to the proposal, provided the vehicle crossing is fully dimensioned – i.e. 3.6m wide with 1.3m straight splays on both sides.

Officer comment: The plans revised via Section 57A dated 10 February 2020 included the relevant dimensions in accordance with the above referral response. No further information or conditions are required.

Key Issues and Discussion

Strategic Context

The overarching policies and objectives at both a State and Local level encourage urban consolidation in established urban areas and medium density residential development in and around neighbourhood activity centres and close to public transport. These strategies call for well-designed medium-density development that respects neighbourhood character, improves housing choice, makes better use of existing infrastructure and improves energy efficiency.

Council's Local Policy on the location of residential development at Clause 21.05-2 seeks to maintain a clear distinction between the type of development outcomes in locations for higher density development and the lower density residential hinterland. The policy seeks to achieve this by classifying different residential areas into the three categories: Substantial, Incremental and Minimal Change areas. The subject is located within the Incremental Change area, which is defined as ‘in the remaining residential areas (outside the Heritage Overlay and Neighbourhood Character Overlay), direct multi-unit development (2-3 storeys) to lots capable of accommodating increased density.’

The subject site is not located on an arterial road however is within reasonable walking distance to the High Street Armadale commercial precinct and public open spaces, including Armadale Reserve, as well as having access to public transport services which operate along High Street, Wattletree Road, Dandenong Road and Kooyong Road and Armadale Railway Station.

As such, the proposed policy response of the current application to the strategic context and location of the site is consistent with policy expectations.

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As discussed above, planning application 840/18 for the construction of a multi-dwelling development (3 storeys, 10 dwellings over a basement) was refused under delegation on 6 November 2018. The decision was subject to an application for review where the Tribunal upheld Council’s decision to refuse the application and no permit was issued.

The Tribunal order included detailed consideration and discussion of a number of issues with the proposal. The applicant’s response via this application seeks to address the failings raised by the tribunal. Matters of note examined by the Tribunal include:

Whether the proposal respects and appropriately responds to Neighbourhood Character

Whether vegetation can be retained and protected Whether the proposed development would result in unreasonable off-site amenity

impacts Whether car parking access and arrangements are acceptable

The above matters are considered in detail throughout the body of this report.

Neighbourhood Character

The site is located within the Garden Suburban 1 (GS1) Neighbourhood Character precinct as defined by Council’s Local Neighbourhood Character Policy at Clause 22.23. The relevant section of the statement of preferred character for this precinct is as follows:

The Garden Suburban 1 (GS1) precinct comprises leafy streetscapes with a range of Victorian, Edwardian or Interwar era and contemporary buildings set in established garden surrounds. In typical streets regular front and side setbacks provide space around buildings and allow for small, well designed garden areas that contribute to the landscape quality of the street. New buildings or additions offer innovative and contemporary design responses while complementing the key aspects of form, general one-two storey scale and design detail of the older buildings. Low, visually permeable front fences retain views to gardens and dwellings from the street.

The following is noted with regard to the proposed development and the statement of preferred character:

The subject site is an anomaly within the context of the street in that it is substantially larger than all other existing residential allotments. As such, the site is presented with challenges regarding scale and the established patterns of landscaping and spacing around buildings.

The proposed built form is of a three-storey contemporary design which is generally acceptable in the context of the wider neighbourhood, however careful consideration must be made regarding the scale of the proposed building namely the relationship with the street and the immediately adjoining lots in terms of setback and dominance of form.

The proposed landscaping response is of vital importance when determining whether the proposal can be considered appropriate within the context of Neighbourhood Character. The site is located within a GS1, which places great emphasis on the established garden character of the precinct. As such, a landscaping response in proportion with the size of the proposed development is important.

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Whilst the GS1 precinct states that buildings should reflect the predominantly one to two storey scale of the streetscape, while the General Residential 1 Zone (GRZ) provides guidance for up to three storeys in height.

It is important to consider the comments of the Tribunal provided at Paragraphs 50-52 of the Order associated with application 840/18, which contemplate the context and capacity of the subject site and its potential to accommodate three storey built form:

50 Having regard to all of the material presented, it is relevant that:

The subject land is a large lot in a location with varied building styles, forms and gardens. Its immediate context includes one, two and three storey forms of varied styles and periods of construction. There is no consistency in rear and front setbacks. This pattern is also evident in the broader setting of Armadale Street where contemporary dwellings, some flats and multi-unit developments are found with older, finer grain, forms. Street trees have a more unifying role than architecture.

The land has multiple interfaces including to rear yards associated with five properties (Nos. 32, 34A, 36 and 38 Armadale Street and 3/55-59 Kooyong Road) as a consequence of its irregular form. The abuttals and relationships with car parking areas serving flats at Nos. 47, 49 and 51 Kooyong Road are not sensitive.

There is a legitimate opportunity for this site to contribute to housing goals, as expressed through the scheme. It must strike a balance with the character objectives and outcomes also sought for this location.

51 Some parties oppose a three storey apartment building as they say the area has a one and two storey scale. The Council and Mr Bowden (for an objector) disagree, given the policy framework for incremental change areas, the physical context of the land, the lack of Overlays and the size of the property.

52 We agree that a three storey apartment typology may be possible taking these factors into account. We appreciate that the GS1 Precinct design guidelines (to which we refer below) include a design response that buildings should reflect the predominant one to two storey scale of the streetscape. That response must, however, be considered in the context of the physical circumstances of the subject land. The objective is to “ensure new buildings and extensions do not dominate the streetscape”.

It is considered that the subject site is able to accommodate a three-storey development. The current proposal achieves adequate setbacks and articulation of built form which demonstrates an appropriate transition to the surrounding development context and facilitates a landscaping response in line with the character of the area. This is discussed in greater detail below.

Built Form

The proposal adopts a design approach which seeks to present primarily as two-storey built form to Armadale Street, with the third floor significantly recessed from the street. It is considered that this, combined with substantial landscaping provision, is an appropriate response to the scale and pattern of surrounding development. Further, the design incorporates a staggered front setback with a 1.0 metre deep ‘step’ along the frontage at ground and first floor levels, which further refines the presentation of the building to the street.

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The northern adjoining dwelling (34A Armadale Street) is setback 8.4 metres and the southern adjoining dwelling (32 Armadale Street) is setback 13.0 metres from the Armadale Street frontage, excluding the car parking structure forward of the dwelling. On this basis the required setback for development on the subject site in accordance with Standard B6, is 9.0 metres.

The proposed staggered front façade at ground and first floor level is compliant with the Objective of Standard B6 (Street Setback). The proposal seeks to provide a front setback of 8.1 to 10.1 metres at ground and first floor levels.

The Objective of Standard B6 seeks to ‘ensure that the setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site’. As described above, the minimum setback of Dwelling G.1 (ground floor) and Dwelling 1.1 (first floor) from the street is 8.1 metres, which results in a 0.9 metre variation to the Standard. Given the angled alignment of the front boundary, this setback is taken from the centre portion of the façade wall of Dwellings G.1/1.1, with the setback increasing to 8.4 metres. As such, it is considered that the setback demonstrates consistency with development patterns within the immediate area and provides an acceptable transition to the north and south.

It is noted that the second floor level is setback a minimum of 10.3 metres to the balustrade associated with Dwelling 2.1, with the front façade of the dwelling beyond setback a minimum of 16.9 metres from the title boundary which far exceeds the Standard. The second floor level balcony adopts a curved shape and is generously recessed from the lower levels by a depth of 1.8 metres to the terrace balustrade associated with Dwelling 2.1 and a depth of 8.5 metres to the front façade of the second storey, to assist with the reduction of built form and bulk, as perceived from Armadale Street and adjoining properties. This seeks to incorporate a two-storey built form to Armadale Street, responsive to the adjoining properties.

Due to the configuration of the subject site, which ‘wraps’ around behind 34A and 36 Armadale Street, consideration must be made to the visibility of the proposed development above and/or behind the existing adjoining dwellings to Armadale Street. Of relevance to the consideration of built form and transition to adjoining properties, are the comments of the Tribunal at Paragraph 64, which consider the previous larger footprint design, stating:

64 The building steps back along its northern elevation, along the southern side of No. 34A Armadale Street and adopts a single storey form, with first floor terrace, behind No. 36 Armadale Street and Unit 3/55-59 Kooyong Road. This is a sufficiently sensitive response at the setbacks provided when also considering the basement position, which allows for in-ground tree planting.

The current proposal represents a further reduction in form which seeks to incorporate single storey built form where it is positioned behind 36 Armadale Street (double storey dwelling), which increases to double storey built form for half the width of the allotment of 34A Armadale Street (single storey dwelling). The third storey element is introduced to the form in line with the southern boundary of 34A Armadale Street. These reductions in built form from those described by the Tribunal are discussed in detail in the section of this report, with particular consideration of off-site amenity.

The implementation of side setbacks of a minimum of 3.4 metres and 4.3 metres at ground level when viewing the site from Armadale Street, assists to minimise dominance of the built form within the streetscape. The proposed front and side setbacks also provide adequate

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opportunity for landscaping to soften the appearance of the building, which is complimented by the setbacks of the basement level below, which facilitate in-ground planting. In addition, the staggering and modulation of the façade is reflective of the general proportions of dwelling frontage within Armadale Street.

The majority of adjoining lots in the surrounding area are substantially smaller than the subject site. As such, the subject site is presented with a challenge in balancing the extent of built form in proportion with the rhythm and spacing of surrounding dwellings.

The proposed development presents a width of built form along the building façade measuring approximately 15.2 metres, which has been separated into two modulated sections by the staggered front setback. The 2.0 metre deep staggered setback enables the façade of the building to present as two halves, with the second floor recessed significantly from the levels below. This approach assists the proposal to read as more fine grain to the street and responsive to the existing massing of properties within the context.

It is also important to consider that larger scale development exists within Armadale Street (namely, opposite the subject site at 31-33 Armadale Street) which incorporates spacing around the development to ensure the built form can be softened with adequate landscaping. It is considered that the design response provides adequate spacing, setbacks and building form to ensure that the building fits within its context.

The proposed development is of a contemporary design, which includes a flat roof and draws on elements such as materiality and modulation to enhance its presentation. The preferred character for the area seeks to draw on innovative and contemporary design elements, which include materiality, articulation, recesses and to avoid ‘mock reproduction styling’. The Design Objectives set out by the Garden Suburban Area 1 seek to avoid a lack of eaves, which are not considered in the proposed contemporary design. The incorporation of a flat roof into the design allows for minimisation of bulk, which is a critical aspect for the proposed development within its setting. The proposed materials and finishes are reminiscent of those found within the street and wider area and are considered to be of high quality.

The proposal incorporates a basement parking level, with a proposed (widened) crossover located in the general location of the existing crossover. The inclusion of a basement level successfully minimises the dominance of parking structures and loss of potential landscaping. In addition, the footprint of both the basement level and the dwelling provides reasonable setbacks (with no boundary construction) which can accommodate a combination of canopy trees, ground covers and soft landscaping.

The proposal includes a total site coverage of 53.8%, which complies with Standard B8. Modified Standard B8 as prescribed by the General Residential Zone Schedule 10 requires that a basement level not exceed more than 75% of the site. The proposal is complaint with the modified standard (70.3% basement coverage proposed).

The proposal seeks to provide 25% permeable surface to the site. Which satisfies the minimum requirement of 20% as directed by Standard B9.

Landscaping and vegetation

The surrounding area is characterised in part by the presence of generous landscaped areas forward and to the side of dwellings. The proposed development seeks to incorporate adequate areas for meaningful landscaping and canopy tree planting within the frontage and around the perimeter (including from the basement level), to maintain the garden setting of

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the neighbourhood. This is evident with the submission of a landscaping plan, which is supported by both Council’s Parks and Urban Design departments.

The proposal seeks a combination of hard and soft landscaping areas within the front setback, associated with Dwellings G.1 and G.2, as well as common entry areas for pedestrians and vehicles. As noted above, it is considered that adequate area has been set aside for deep soil canopy planting as well as lower level shrubs and vegetation within the frontage.

The proposal seeks to retain the existing canopy tree (Tree 9 - Peppercorn) to the south-east corner of the site, which has been supported by Council Parks department. All other trees and vegetation located on the subject site are to be removed. Council’s Parks department have directed that should the development be approved, a Tree Management Plan (TMP) would be required as a condition to protect Tree 9 - Peppercorn (within the subject site), Tree 10 – Chinese Elm (within adjoining allotment to south-east) as well as the two existing established street trees adjoining Armadale Street (Claret Ash and Sweet Gum).

It is noted that concern has been raised by the adjoining property to the south (32 Armadale Street) with regard to potential impacts to an existing 28 metre long Bay Laurel hedge, which is located adjacent to the boundary shared with the subject site, commencing at the Armadale Street site frontage and adjacent to the proposed basement and accessway. The Tribunal provided comment on potential impacts to the hedge as a result of the earlier proposed development, stating at Paragraph 88:

88 The absence of any root investigation means that it is difficult to be certain about the impact on the hedge. Even so, we accept the expert evidence that, with a supervising arborist’s involvement during detailed design and construction, the hedge should be able to be retained and survive. This includes professional pruning and appropriately designed construction methods. We consider this matter could be addressed through permit conditions. A fresh proposal for the land should consider root investigation to further inform the design process.

In line with the above, the applicant submitted an arborist report prepared by Tree Logic (Council date stamped 10 February 2020) which provided the results of tree root investigation works undertaken with regard to the Bay Laurel Hedge. The report concluded that “while it is likely that short term dieback of the tips of the hedge on the boundary side is likely from the proposed construction of the underground car park within the SRZ of the Bay Laurel hedge, due to this species tolerance of root damage, it is likely to recover provided the current level of maintenance is continued. The boundary fence is required to remain in-tact to ensure site works do not further impact on Bay Laurel hedge.” The Tree Logic report was referred to Council’s Parks department, who have raised no objections with regard to these findings. Notwithstanding this, in order to maximise the longevity of the Bay Laurel hedge, any Tree Management Plan required via a condition of permit will require the retention of the length of existing boundary fence adjacent to the hedge during construction.

It is further noted that aside from the retention and protection of existing vegetation, a key consideration of the success of the proposal is the landscaping response. In addition to the assessment made against Neighbourhood Character (above), Standard B13 (Landscaping) of Clause 55 of the Stonnington Planning Scheme, seeks to achieve the following objectives:

To encourage development that respects the landscape character of the neighbourhood.

To encourage development that maintains and enhances habitat for plants and animals in locations of habitat importance.

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To provide appropriate landscaping. To encourage the retention of mature vegetation on the site.

The General Residential Zone Schedule 10 introduces a variation to the Standard which seeks to plant one canopy tree in addition to the requirements of Standard B13. It is noted that this has been demonstrated on the landscaping plan. The proposal demonstrates an adequate response to the landscaping character of the area, which is crucial to the character of the Garden Suburban Area 1.

The submitted landscaping plan includes the provision of sixteen small to medium-sized canopy trees around the perimeter of the site ranging in a potential height at maturity of 6-12 metres. The landscaping proposal seeks to retain Tree 9, which is a substantial established Peppercorn tree positioned within the south-east corner and also incorporates various shrubs, ground covers and soft landscaping species within all setbacks.

Furthermore, the provisions of Standard B38 seek that 7% of the site area (120.5sqm) with a minimum dimension of 6.0 metres is required to be provided for deep soil planting. It is noted that the retention of Tree 9 reduces requirement from 10% to 7%. The total deep soil area provided on site is 298.7sqm or 17.3% of the site, with a minimum dimension in part, of 6 metres. There are several areas identified within the site boundaries which are capable of accommodating deep soil canopy tree planting, which are located within the site frontage, to the north-west of Dwelling G.5 (rear of 34A Armadale Street), to the north and west of Dwelling G.6 (rear of 36 and 38 Armadale), along the majority of the eastern boundary (rear of and 55-59, 51 and 49 Kooyong) as well as to the south of Dwellings G.2, G.3 and G.4 (adjoining 32 Armadale). Considering the extent of proposed development and the size of the allotment, the landscaping provision is considered to be acceptable. The landscaping response will ensure that the building form is compatible with its landscaped setting and will soften the impact of hard surface to adjoining properties.

The proposal seeks to construct a 1.5-1.65 metre tall fence along the site frontage, which incorporates pedestrian and vehicle entrances. The fence height is reflective of the eclectic mix of fencing present within Armadale Street and is to be visually permeable, which allows for views to the building and landscaping behind at lower levels.

Whether the proposed development would result in unreasonable off-site amenity impacts

Clause 55 (Two or More Dwellings and Residential Buildings) of the Stonnington Planning Scheme contains a suite of Standards and Objectives which seek to maintain and protect an acceptable level of off-site amenity. Namely (and as relevant), the Standards include: Standard B17 (Side and Rear Setbacks) Standard B19 (Daylight to Existing Windows) Standard B20 (North-facing Windows) Standard B21 (Overshadowing Open Space) Standard B22 (Overlooking)

Paragraph 62 of the VCAT Order pertaining to the previously refused development, commences discussion regarding applicable side and rear setbacks, with particular regard to achieving an appropriate transition to adjacent areas of secluded private open space. At Paragraph 63, the Members state:

63 “Given the site’s multiple interfaces with rear yards, and secluded private open spaces, it is reasonably expected that the side and rear setbacks in an apartment building would transition towards these boundaries. Taking account of the overall footprint of an apartment building in this setting, it is also

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reasonably expected that sufficient space will be provided around the building not only to allow for landscaping but to mitigate the visual impact of a three storey building in a rear yard context that is substantially open.”

Discussion provided within the Order detailed concerns with the lack of setbacks as well as the extent and bulk of built form, especially where weighted behind 34A and 36 Armadale, as well as toward the south and west of the subject site, and the resulting off-site impacts on adjoining lots.

In line with the above, the applicant has responded with a development proposal which seeks to reduce the footprint of the building substantially at first and second floor levels, with alterations made at the basement and ground floor levels to assist with increased in-ground landscaping opportunity.

Side and Rear Setbacks

It is noted that with the exception of a small portion of the common stairwell (opposite an adjoining shed within 34 Armadale secluded private open space), the proposal achieves full compliance with the Standards of B17 (Side and Rear Setbacks). Given the size of the site and necessity to achieve an adequate transition to adjoining properties, it is important in this instance to not only consider whether the proposal meets the numerical Standard of B17, but it must also meet the Objective, which seeks “to ensure that the height and setback of a building from a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.”

In order to determine whether the proposal achieves the Objective, an assessment of the proposed interface with each of the adjoining allotments is provided below.

South 32 Armadale Street

The dwelling located to the south of the subject site is 32 Armadale Street. 32 Armadale Street contains a single storey residence, with a long narrow area of secluded private open space (including a private swimming pool) positioned on its northern boundary.

The following table outlines setbacks to the south as considered by VCAT, compared with those currently proposed:

32 Armadale Street interface:Basement Ground First Second

840/18VCAT Plans

2.8m 3.0m 3.0-5.0m 5.6-8.0m

863/19Current Plans

3.1m 3.5-4.0m 4.0-5.0m 8.4-9.0m

It is of importance to acknowledge that the previous design extended further along the length of the site, with a setback of approximately 4.0 metres from the eastern (rear) boundary. It was considered that the imposition of the length and height of the proposed development, combined with insufficient setbacks, resulted in an unreasonable impact on the amenity of 32 Armadale Street.

The current proposal seeks to setback the majority of the proposed ground floor level 4.0 metres from the southern boundary. This is with the exception of Bedroom 2 to G.3, which is setback 3.5 metres however as it is positioned opposite a wall on boundary associated with 32 Armadale Street is acceptable. The 4.0 metre setback along the southern boundary is a

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1.0 metre increase over the previous design and includes a substantial level of in-ground landscaping (including canopy trees) and provides an appropriate level of separation between the proposed development and 32 Armadale Street, including the associated private open space. In addition to the increased setback from the south, the building has been reduced in length and incorporates a 7.1 metre setback from the east (previously 6.4 metres) which further reduces impacts of the built form on the private open space of 32 Armadale Street. It is noted that the dwelling at 32 Armadale Street is setback between 3.6 and 6.3 metres from the shared boundary. When combined with the proposed minimum ground floor setbacks of 3.5-4.0 metres, a generous separation distance of up to 9.0 metres is achieved between buildings.

At first floor level, the rear portion of the southern interface incorporates a setback of 5.0 metres, which is reduced in part to 4.0 metres opposite two non-habitable room windows to 32 Armadale, then increases to 4.3 metres for the remainder of the southern interface. The western (rear) elevation includes an increased setback of 8.0 metres opposite the secluded private open space to 32 Armadale, which is increased to 8.2 metres at second floor level, further reducing the length of construction as viewed from 32 Armadale Street.

At second floor level, the proposed building has been increased in setback from the southern boundary from between 5.6-8.0 metres (as refused) to between 8.4-9.0 metres opposite the secluded private open space to 32 Armadale Street. The remainder of the second floor level is setback a minimum of 6.5 metres from the southern boundary. This is considered to result in an adequate setback which achieves a suitable transition from the proposed three-storey development, to the adjoining single storey development to the south.

North34A Armadale Street

Due to the configuration of the subject site, the allotment has three abuttals to the north, including 34A, 36 and 38 Armadale Street.

The following table outlines setbacks to the north as considered by VCAT, compared with those currently proposed:

34A Armadale Street interface:Basement Ground First Second

840/18VCAT Plans

0.7m 3.0m 3.0m 3.5-5.4m

863/19Current Plans

0.8m 3.0m 3.0-3.5m 3.7-5.3m

It is important to note that the existing dwelling at 34A Armadale Street is single storey and is constructed abutting the shared boundary for a length of approximately 17.7 metres, which equates to approximately 55% of the site boundary. It is relevant to note that there are no habitable room windows located on the southern portion of 34A Armadale Street, however a 38sqm area of secluded private open space is positioned to the east (rear) of the dwelling. A shed is located with the south-eastern corner of the secluded private open space, which is adjacent to the only portion of the building which requires a variation to Standard B17. As such, it is considered that the variation is acceptable.

At first floor level, the setback of the proposed development remains at a minimum of 3.0 metres, which (when considering the non-sensitive wall on boundary to 34A Armadale Street) is an adequate response. At second floor level, the northern setback increases toward the west (front) portion of the proposed dwelling to 5.3 metres and 3.7 metres opposite the secluded private open space (and shed) of 34A Armadale. This arrangement

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presents an appropriate visual transition to 34A Armadale Street and its secluded private open space, therefore is accepted.

North36 Armadale Street

36 Armadale Street interface:Basement Ground First Second

840/18VCAT Plans

3.8m 3.8m 3.8m 3.8m to terrace7.8m to wall

863/19Current Plans

3.8m 3.8m 4.7m 5.0m to terrace10.0 to wall

The land at 36 Armadale Street shares a 10.3 metre boundary with the subject site. At ground floor level, 36 Armadale Street is interfaced by Dwelling G.5 to its southern boundary, opposite the area of secluded private open space with a proposed setback of 3.8 metres from the shared boundary. The 3.8 metre setback primarily accommodates a 1.0 metre wide terrace, with the remainder of the setback set aside for landscaping. It is noted that the basement level below has also been setback 3.8 metres to facilitate deep soil planting in this location. As this is a notable viewpoint over the single storey dwelling at 34A Armadale from Armadale Street, meaningful tree planting is essential in this location which the proposed setback allows for.

At first floor level, Bedroom 3 of Dwelling 1.4 is proposed to be setback 4.7 metres from the northern boundary, opposite the secluded private open space to 36 Armadale Street. The width of the Bedroom 3 wall is 3.8 metres, with a terrace positioned to the east of the wall, providing articulation of this façade as perceivable from the secluded private open space of 36 Armadale Street. It is important to note that a shed is positioned within the south-eastern corner of the secluded private open space to 36 Armadale Street, which provides an additional visual buffer.

At second floor level, the proposed development incorporates a 10.0 metre setback from the northern façade wall of Dwelling 2.2. It is acknowledged that the terrace associated with Dwelling 2.2 is located to the north of the dwelling, above the first floor. A section of only 1.4 metres of the balustrade associated with the terrace (of the entire length of 11.2 metres) is positioned opposite the southern boundary of 36 Armadale Street, which is setback 5.0 metres from the boundary, in alignment with the shed on the land at 36 Armadale Street.

North38 Armadale Street

38 Armadale Street interface:Basement Ground First Second

840/18VCAT Plans

3.2m 4.0m 4.0m to terrace10.0m to wall

10.0m to terrace17.8m to wall

863/19Current Plans

3.3m 4.1m 12.8m to terrace16.2m to wall

14.2m to terrace20.1m to wall

Land at 38 Armadale Street shares a 14.8 metre boundary with the subject site, with proposed Dwelling G.6 setback a minimum of 4.1 metres from the boundary at ground level. The setback accommodates a terrace area, private swimming pool and landscaping provision, all of which is opposite the open secluded private open space of 38 Armadale

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Street. At first floor level, the proposed building is setback 16.2 metres from the northern wall of Dwellings 1.4 and 1.5, with the terrace associated with Dwelling 1.5 positioned 12.8 metres from the boundary, located above the ground floor level. At second floor level, Dwelling 2.2 is setback 20.1 metres from the shared boundary of 38 Armadale Street, with the terrace associated with Dwelling 2.2 within this setback (balustrade positioned 14.2 metres from the boundary). The above described setbacks are considered to be generous and well in excess of Standard B17 requirements.

West 34A and 36 Armadale Street (internal setbacks)

As described above, the subject site wraps around the rear western boundaries of both 34A and 36 Armadale Street. Accordingly, an assessment is made regarding the setbacks and visual transition of each of these boundaries as follows.

34A Armadale Street interface:Basement Ground First Second

840/18VCAT Plans

3.6m 4.7m 4.7m 6.8m

863/19Current Plans

3.6m 4.7m 5.3m 9.0m to terrace

36 Armadale Street interface:Basement Ground First Second

840/18VCAT Plans

1.3m 3.9m 4.0m to terrace N/A

863/19Current Plans

1.4m 4.0-4.2m N/A N/A

At ground floor level, 34A Armadale Street is positioned in the location of the western elevation of Dwelling G.5 which is setback 4.7 metres from the boundary. 36 Armadale Street is positioned in the location of Dwelling G.6 which is setback 4.0-4.2 metres from the boundary. It is noted that both adjoining dwellings include areas of secluded private open space which abut the subject site, both of which are primarily open to the sky. The proposed ground floor setbacks of the development include terraces and soft landscaping opportunities, including an area for canopy tree planting to the rear of 34A Armadale Street. The total separation distance of the ground floor level from the dwelling at 34A Armadale is 8.0 metres and from the dwelling at 36 Armadale Street it is 13.8 metres. It is considered that the proposed setbacks provide adequate separation (well beyond the requirements of Standard B17) which increase as the building increased in height.

At first floor level, the setback of Dwelling 1.4 (for a width of 5.2 metres adjacent to the secluded private open space of 34A Armadale Street) is increased to 5.3 metres from the shared boundary. It is noted that the first floor element of the proposal is setback beyond the southern boundary of 36 Armadale, therefore imposing no additional built form above ground level, directly west of 36 Armadale Street.

At second floor level, the terrace associated with Dwelling 2.2 is setback 9.0 metres from the western boundary of 34A Armadale Street, which provides sufficient separation. In addition, as this interface is to a balustrade (as opposed to a wall) the height of the structure is 1.3 metres from finished floor level, as opposed to a full height wall of up to 3.6 metres in height at this level.

East

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3/55-59 Kooyong Road

Due to the size of the subject site, it shares an abuttal with a number of properties to the east, including 3/55-59, 51 and 49 Kooyong Road. Each of these adjoining allotments accommodates a multi-dwelling development, with the interface and proposed setbacks described below.

3/55-59 Kooyong Road interface:Basement Ground First Second

840/18VCAT Plans

1.4m 2.4m 3.0m to terrace N/A

863/19Current Plans

1.4m 2.4m N/A N/A

To the north-east of the subject site, is 3/55-59 Kooyong Road which is a single storey dwelling located to the rear of a multi-dwelling development. Notably, secluded private open space to this unit is positioned abutting the eastern boundary of the subject site. At ground floor level in the location of Dwelling G.6, the proposed development seeks a setback of between 2.4-3.1 metres, which accommodates a narrow terrace/pathway area and minimum soft landscaping area of 1.4 metres wide. It is noted that the dwelling at 3/55-59 Kooyong is setback approximately 2.7 metres from the shared boundary. When combined with the proposed minimum setback of 2.4 metres, this equates to a separation distance of approximately 5.1 metres which is considered reasonable.

At first floor level, as the proposed development seeks a setback of 16.2 metres from the northern boundary (12.8 metres to the balustrade) this positions the first and second floors beyond the shared boundary of 3/55-59 Kooyong Road, which results in a single storey abuttal only, which is an appropriate outcome.

East51 Kooyong Road interface:

Basement Ground First Second840/18VCAT Plans

1.7m 3.0m 3.5m 3.4m

863/19Current Plans

1.7m 3.4m 3.5m 5.1m

49 Kooyong Road interface:Basement Ground First Second

840/18VCAT Plans

6.1m 3.8-6.1m 3.8m 4.0m

863/19Current Plans

6.1m 3.8-7.1m 7.7m 8.2m

It is relevant to consider that both 51 and 49 Kooyong Road each currently accommodate a three-storey brick apartment building with an extensive paved car parking area with a depth of approximately 16.3 metres (51 Kooyong) and 23 metres (49 Kooyong), located to the rear of the building directly abutting the subject site. As such, it is considered that this immediate interface is not particularly sensitive. Notwithstanding this, the transition of the proposed development to the adjoining three-storey developments is a relevant consideration.

At ground floor level, the proposal seeks a setback of between 3.4-7.1 metres, increasing in depth towards the south. The setbacks accommodate areas of secluded private open space

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associated with Dwellings G.4 and G.6, as well as Tree 9 (Peppercorn) located within the south-east corner of the site, which is to be retained.

The proposed first floor setback ranges from 3.2-7.7 metres, essentially in line with the levels below, with the addition of planter boxes toward the south. As discussed in detail previously, the footprint of the south-eastern portion of the proposed dwelling has been reduced significantly, as a result of the increased setback from Tree 9. In addition to this, the increase setback of the second floor level from the south, as well as substantial reduction in the extent of the second floor extending north, the presentation of the western interface is both increased in setback and decreased in bulk and scale.

It is considered that concerns previously raised by both Council and the Tribunal with regard to the crowding of boundaries and visual weight of the development stacked to the south-east of the site, have been adequately addressed. Whilst the building will be visible from a number of viewpoints both private and public, the building achieves an adequate transition to adjoining dwellings. The proposed setbacks and built form demonstrate an appropriate design response.

Daylight to Existing Windows

In accordance with Standard B19 (Daylight to existing windows) The proposed buildings allow for a light court to all existing habitable room windows of 3 square metres with a minimum dimension of 1.0 metre clear to the sky.

North-facing Windows

There are no windows to the adjoining dwelling to the south (32 Armadale Street) which are located 3.0 metres or less from the shared boundary. The closest window is located 3.1 metres from the title boundary.

In addition, the proposed development is setback a minimum of 4.0 metres from the southern boundary, therefore complying with Standard B20.

Amenity Impacts

The application has been assessed against the relevant Standards of Clause 55.04 (Amenity Impacts) which include overshadowing and overlooking adjoining private open space.

Overshadowing

The relevant assessment mechanism for overshadowing of neighbouring areas of private open space is the Overshadowing Open Space Objective, including Standard B21. This Standard states the following:

Where sunlight to the secluded private open space of an existing dwelling is reduced, at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space should receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September.

If existing sunlight to the secluded private open space of an existing dwelling is less than the requirements of this standard, the amount of sunlight should not be further reduced.

The Objective states: To ensure buildings do not significantly overshadow existing secluded private open space.

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An assessment of the shadowing impacts resulting from the proposed development indicate that properties impacted are limited to the south (32 Armadale Street) west (34A and 36 Armadale Street) and east (49 and 51 Kooyong Road).

To the south, the proposed development will create a negligible shadow on the driveway within the frontage at 9am, with all shadows cast until 3pm falling within the range of the existing shadow cast by the boundary fence. As there is no additional shadow cast to secluded private open space, the proposal demonstrates compliance to the south.

To the west, all shadows cast by the proposed development between the hours of 9am and 3pm fall within those cast by existing boundary fencing. It is noted that the secluded private open space of 34A Armadale Street is below 40 square metres, therefore should not and does not accommodate any further shadow from the proposal.

It is noted that to the east, shadows cast by the proposed development fall within the existing car parking areas which are not considered to be secluded private open space, therefore are not applicable to the assessment.

Overlooking

The key assessment tool to determine unreasonable overlooking is the Overlooking Objective, including Standard B22.

The standard provides a 9m 45 degree angle arc that determines unreasonable overlooking, and windows or balconies that are located in such a position must be screened to a height of 1.7m above finished floor level accordingly. The Standard does not apply to any overlooking issues from the proposed ground level as the existing and proposed fences will prevent any unreasonable overlooking issues.

An assessment of the proposed plans confirms that all habitable room windows and terraces above ground floor level incorporate adequate setbacks and/or screening devices in accordance with Standard B22. This is with the exception of a potential overlooking opportunity from the TV Room of Dwelling 2.1 to the secluded private open space of 34A Armadale Street, which can be addressed via a condition of any approval granted.

The current development plans sought to introduce a number of changes to built form, including increased setbacks and reduction in the height and bulk of screening devices. It is important to note that in particular, where terraces have been increased in setback from the title boundary to 9.0 metres, the requirement for overlooking screening in accordance with Standard B22 is mitigated.

In order to ensure ongoing compliance with the requirements of Standard B22 and consistency across plans, a condition will be included on any permit issued, requiring adequate notations regarding screening to each window and/or terrace on all relevant site and elevation plans.

Internal Amenity

The apartments are generally oriented to the north with the primary living, dining and kitchen areas north facing where possible. All bedrooms are provided a window for natural ventilation and daylight.

Private Open Space

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The proposed Dwellings vary in size between 102.5 and 208.5 square metres in area. Private open spaces include ground level terraces and upper level balconies which vary in area between 15.8 and 72.7 square metres. Each area of secluded private open space is conveniently located with access via a living space.

At ground level, each area of private open space has a secluded area of 25sqm with a minimum dimension of 3.0m, with the exception of G.3 which has an area of 22sqm and minimum dimension of 3.5m. Notwithstanding this, it is considered that the space provided will adequately meet the needs of the residents of the dwelling, therefore the Objective is met and a variation is accepted.

It is noted that the provisions of Standard B43 are applicable to areas of private open space above Ground Level. Private open space above ground level are in excess of the areas (12 square metres) recommended by Standard B43. All proposed balconies to Dwellings 1.2-1.5, 2.1 and 2.2 exceed the minimum area requirement stipulated by the Standard and all primary open space areas are conveniently accessed via living rooms.

The total balcony areas for the Level 1 and 2 dwellings (except 1.1) range from 15.8sqm to 72.7sqm and the minimum dimension for the primary space exceeds 2.4m.

It is noted that the minimum dimension of the balcony associated with Dwelling 1.1 falls short of the minimum dimension of 2.4 metres, by 0.3 metres. It is considered that as this balcony is located on the façade, there is higher value in maintaining a 2.0 metre depth (which is a functional space) rather than to further reduce the front setback or minimise internal living areas. On this basis, the variation is considered acceptable. As such, the proposal meets the Standard.

Accessibility

Building entry and accessibility requirements have been provided on the individual dwellinglayouts confirming that in excess of 50% of the dwellings proposed have been designed to meet the needs of people with limited mobility and that the layout of buildings provide safe, efficient and functional movements for residents.

Storage

The proposed external and internal storages spaces have been detailed on the plans foreach dwelling demonstrating compliance with Standard B44.

Car Parking and Traffic

Parking Provision

The proposal provides 26 car parking spaces within a basement level, which is in line with the statutory requirement under Clause 52.06 (Car Parking) of the Stonnington Planning Scheme. The development allocates two spaces to each dwelling (residents only), noting that no visitor parking is required by the Stonnington Planning Scheme.

Traffic Generation

Council’s Transport and Parking department have reviewed the proposal and accompanying Traffic Impact Assessment and have indicated no objection with additional traffic generation and the capacity of Armadale Street. However, it is noted that the Transport and Parking department have indicated that the access point for the development is within a road narrowing along Armadale Street for traffic calming purposes. There is no objection to

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utilising the vehicle access point, but the applicant must be made aware that Council will not change the existing on-street design to accommodate the development.

Car Parking Design

Council’s Transport and Parking department have provided comment regarding the proposed car parking design and layout, generally with no objection subject to the inclusion of conditions as detailed in the referral section of this report. It is noted that the accessway and a number of the car spaces have been designed to accommodate B99 vehicle dimensions as confirmed by Council’s Transport and Parking department.

Sustainable Design Assessment

A Sustainability Management Plan (SMP) was submitted with the application. This has been reviewed by Council's ESD officers who have indicated that the proposal demonstrates an adequate response to the objectives within council's Environmentally Sustainability Development (ESD) and Water Sensitive Urban Design (WSUD) policies, subject to conditions and the submission of a revised SMP, should Council resolve to issue a permit.

A Sustainability Management Plan and Water Sensitive Urban Design Response was submitted with the application. The report includes a STORM Rating Report showing a STORM rating of 103%. This meets the requirements of Clause 22.18.

Objections

A response to each key ground of objection not already addressed within the body of this report is provided as follows:

Inadequate response to the VCAT Order pertaining to previous refused development

A detailed assessment of the proposal has been undertaken with regard to the planning controls in effect over the site, as well as in response to the findings of the VCAT Order dated 8 August 2019 (applicable to planning application 840/18) within the body of this report. Whilst a fresh application has been made, the applicant has considered the findings of the Tribunal as well as the grounds of refusal set out by Council. It is considered that the revised proposal demonstrates an adequate response to the relevant Planning Policy framework and responds to critical matters highlighted by the Tribunal.

Demolition of the existing dwelling and the lack of Heritage controls applicable to the land

The subject site is not affected by a Heritage Overlay and as such, a Planning Permit was not required for the demolition of the existing dwelling.

Noise (during construction and occupation/air conditioning units)

The proposal demonstrates adequate compliance with the provisions of Clause 55 (Two or More Dwellings on a Lot) Standard B40 (Noise Impacts) of the Stonnington Planning Scheme. It is noted that noise during construction is managed by the relevant building regulations.

Property devaluation

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Loss of property value is not a relevant planning consideration.

Conclusion

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

The application is consistent with Planning Policy which seeks to provide for well-designed residential development which respects neighbourhood character in established urban areas.

The proposal provides for a satisfactory landscape response that will contribute to the landscape character of the area.

The development will not unreasonably impact upon adjoining amenity as determined by compliance with ResCode (Clause 55) Objectives.

The proposal satisfies Council's Environmental Sustainable Development and Stormwater Management policies.

Governance Compliance

Conflicts of Interest Disclosure

No Council Officer and/or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.

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 & Responsibilities Act 2006.

Attachments

1. 863/19 - 34 Armadale Street, Armadale [13.1.1 - 37 pages]

Officer Recommendation

That Council AUTHORISE Officers to issue a Notice of Decision to Grant a Planning Permit No: 863/19 for the land located at 34 Armadale Street, Armadale under the Stonnington Planning Scheme for the construction of a multi-dwelling development in a General Residential Zone 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 formally amended on 10 February 2020 and ‘without prejudice’ plans submitted 4 and 18 March 2020 but modified to show:

a) A notation confirming a minimum headroom clearance distance of 2.2 metres to finished floor level in the location of the garage door to the basement;

b) No visual obstructions (including landscaping) greater than 0.9 metres in height measured from the accessway level, within the designated pedestrian sightline triangles;

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c) A notation confirming bicycle rack spacing adjacent to bollards in accordance with the Australian Standards;

d) A notation confirming bicycle rack spacing of 1.0 metre between each of the double-sided racks in accordance with the Australian Standards;

e) A notation confirming the dimensions of the visitor bicycle parking facilities in accordance with the Australian Standards;

f) Reconfiguration of the visitor bicycle parking spaces to ensure clearance from the pedestrian path;

g) Deletion of notations stating that bicycle parking is to be provided within designated private storage areas within the basement;

h) Notation regarding screening in accordance with the requirements of Standard B22 (Overlooking) of Clause 55 of the Stonnington Planning Scheme associated with the TV Room of Dwelling 2.1 to the secluded private open space of 34A Armadale Street;

i) Notations of required screening in accordance with Standard B22 (Overlooking) of Clause 55 of the Stonnington Planning Scheme to each applicable window and/or terrace on all relevant site and elevation plans;

j) External shading devices such as louvres, or an alternative shading method incorporated into the design to minimise solar heat gains along the north, east and west elevation windows to habitable rooms;

k) Notation to be included on the relevant plans confirming the Living areas walls and ceiling of apartment G.3, G.4, G.5, G.6, 1.4 and the bedroom of apartment G.3 are to be finished with a white paint which is to have a minimum reflectance of 94% as assumed for the daylight model;

l) A Landscape Plan in accordance with Condition 3;m) A Tree Management Plan in accordance with Condition 6;n) A Sustainable Management Plan in accordance with Condition 22;o) A Waste Management Plan in accordance with Condition 27;

All to the satisfaction of the Responsible Authority.

2. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason, without the prior written consent of the Responsible Authority.

3. Prior to the endorsement of plans, a landscape plan to be prepared by a landscape architect or suitably qualified or experienced landscape designer, must be submitted to and approved by the Responsible Authority. When approved, the landscape plan will be endorsed and will then form part of the permit. The landscape plan must be drawn to scale with dimensions. The landscape plan must be in accordance with the landscape plan dated 10 February 2020 prepared by Jack Merlo, but modified to show:

a) A survey (including botanical names) of all existing vegetation to be retained and/or removed

b) Buildings and trees (including botanical names) on neighbouring properties within three metres of the boundary

c) Details of surface finishes of pathways and drivewaysd) A planting schedule of all proposed trees, shrubs and ground covers,

including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant

e) Landscaping and planting within all open areas of the sitef) The extent of any cut, fill, embankments or retaining walls associated with

the landscape treatment of the site

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g) Details of all proposed hard surface materials including pathways, patio or decked areas.

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. All existing vegetation shown on the endorsed plans to be retained must be suitably and clearly identified before any development (including demolition and excavation) starts on the site and that vegetation must not be removed, destroyed or lopped without the written consent of the Responsible Authority.

6. Prior to the endorsement of development plans a Tree Management Plan prepared by a suitably qualified arborist must be submitted to and approved by the Responsible Authority. When approved, the tree management plan will form part of this permit and all works must be done in accordance with the tree management plan (AS 4970).

The Tree Management Plan must detail measures to protect and ensure the viability of Tree 9 (Peppercorn) within the south-east corner of the subject site, Tree 10 (Chinese Elm) located adjacent to the northern boundary within 55-59 Kooyong Road, the two established street trees (Claret Ash and Sweet Gum) adjacent to Armadale Street and the Bay Laurel Hedge adjacent to the southern boundary within 32 Armadale Street in accordance with the findings of the Arborist report prepared by Tree Logic and submitted to Council 10 February 2020. Among other things, the tree management plan must include the following information:

a) Pre-construction (including demolition) – details to include a tree protection zone, height barrier around the tree protection zone, amount and type of mulch to be placed above the tree protection zone and method of cutting any roots or branches which extend beyond the tree protection zone. A plan must be submitted detailing any tree protection fencing, where the fencing is clearly identified and dimensioned. This plan must also include clear notations regarding the retention of existing boundary fencing adjacent to the length of the Bay Laurel Hedge, for the duration of excavation and construction works.

b) During-construction – details to include watering regime during construction and method of protection of exposed roots.

c) Post-construction – details to include watering regime and time of final inspection when barrier can be removed and protection works and regime can cease.

Pre-construction works and any root cutting must be inspected and approved by the Responsible Authority's Parks Unit. Removal of protection works and cessation of the Tree Management Plan must be authorised by the Responsible Authority's Parks Unit.

7. Before the development (including excavation and demolition) starts, a tree protection fence must be erected around the Tree 9, Tree 10 and the two street trees as described within Condition 6. Fencing is to be compliant with Section 4 of AS 4970. Signage identifying the need for approval from Council’s Parks Unit for any root cutting (prior to it occurring) must also be displayed on the fence.

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8. Prior to the endorsement of plans and prior to any development commencing on the site (including demolition and excavation whether or not a planning permit is required), the owner/developer must enter into a Deed with the Responsible Authority and provide it with a combined value bank guarantee of $47786.84 as security against a failure to protect the health of Tree 9 (Peppercorn) valued at $31563.84 and the two street trees (Claret Ash and Sweet Gum) each valued at $8111.00, all of which are to be retained. The applicant must meet all costs associated with drafting and execution of the Deed, including those incurred by the responsible authority. Once a period of 12 months has lapsed following the completion of all works at the site the Responsible Authority may discharge the bank guarantee upon the written request of the obligor. At that time, the Responsible Authority will inspect the tree(s) and, provided they have not been detrimentally affected, the bank guarantee will be discharged.

9. Prior to the endorsement of plans or prior to the commencement of any works at the site (including demolition and excavation whether or not a planning permit is required), whichever occurs sooner, a letter of engagement must be provided to the Responsible Authority from the project arborist selected to oversee all relevant tree protection works. The project arborist must be an appropriately experienced and qualified professional (minimum Cert IV or equivalent in experience).

10. The project arborist must maintain a log book detailing all site visits. The log book must be made available to the Responsible Authority within 24 hours of any request.

11. Prior to the commencement of any works at the site (including demolition and excavation whether or not a planning permit is required), the project arborist must advise the Responsible Authority in writing that the Tree Protection Fences have been installed to their satisfaction.

12. Prior to the commencement of any works on the land, each Tree Protection Zone nominated within the Tree Management Plan and on the approved Landscape Plan must:

a) be fenced with temporary fencing in accordance with the attached specifications annotated in this permit to the satisfaction of the Responsible Authority.

b) include a notice on the fence to the satisfaction of the Responsible Authority advising on the purpose of the Tree Protection Zone, the need to retain and maintain the temporary fencing and that fines will be imposed for removal or damage of the fencing and trees.

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

A copy of the tree protection zones are to be included in any contract for the construction of the site or for any other works which may impact upon the trees.

13. Before the development starts, a schedule of construction materials, external finishes and colours to the satisfaction of the Responsible Authority must be submitted and approved. When approved, the schedule will be endorsed and will form part of the permit.

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14. Any poles, service pits, street signage 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.

15. 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.

16. 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.

17. Prior to an ‘Occupancy Permit’ being issued, a suitably qualified Engineer must carry out a detailed inspection of the completed stormwater drainage system and associated works including all water storage tanks and detention (if applicable) to ensure that all works have been constructed in accordance with the approved design and the relevant planning permit conditions. Certification of the completed drainage from the Engineer must be provided to Council prior to a ‘Statement of Compliance’ being issued for the subdivision.

18. The existing footpath levels must not be lowered or altered in any way at the property line (to facilitate the basement ramp). This is required to ensure that normal overland flow from the street is not able to enter the basement due to any lowering of the footpath at the property line.

19. There will be significant additional stormwater runoff generated by the development and there are known drainage problems and flooding downstream of the property. The applicant must at their cost provide a stormwater detention system to restrict runoff from the development to no greater than the existing runoff based on a 1 in 10 A.R.I. to the satisfaction of Council’s Infrastructure Unit. Alternatively, in lieu of the stand-alone detention system, the owner may provide stormwater tanks that are in total 10,000 litres greater than those tanks required to satisfy WSUD requirements for the development. Those tanks must be connected to all toilets.

20. Prior to occupation of the building or commencement of use, any existing vehicular crossing made redundant by the building and works hereby permitted must be broken out and re-instated as standard footpath and kerb and channel at the permit holders cost to the approval and satisfaction of the Responsible Authority.

21. Prior to the commencement of the development hereby approved, the permit holder must obtain approval from Council’s Building and Local Laws Department to construct or modify any vehicle crossover/s providing access to the subject site. The issue of a planning permit does not provide approval for vehicular crossovers which are outside of the title boundary.

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22. Prior to 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 addressed

b) Identify relevant statutory obligations, strategic or other documented sustainability targets or performance standards

c) 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.

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.

23. 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.

24. Prior to the endorsement of plans, the applicant must provide a Water Sensitive Urban Design Response addressing the Application Requirements of the Water Sensitive Urban Design Policy to the satisfaction of the Responsible Authority. All proposed treatments included within the Water Sensitive Urban Design Response must also be indicated on the plans.

25. 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.

26. Adequate provision must be made for the storage and collection of wastes and recyclables within the site prior to the commencement of use or occupation of the building. This area must be appropriately graded, drained and screened from public view to the satisfaction of the Responsible Authority.

27. Prior to the endorsement of plans, a Waste Management Plan must be submitted to and approved by the Responsible Authority. The Waste Management Plan must include:

a) Dimensions of waste areas

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b) The number of bins to be providedc) Method of waste and recyclables collectiond) Hours of waste and recyclables collection NB. These should correspond

with our Local Laws e) Method of presentation of bins for waste collectionf) Sufficient headroom within the basement to allow the passage of waste

collection vehiclesg) Sufficient turning circles for the waste collection vehicles to drive out in

forward gear from within the basement NB. This subsection only to be used for collection from basement

h) Strategies for how the generation of waste and recyclables from the development will be minimised

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.

28. Prior to the occupation of the building, fixed privacy screens (not adhesive film) designed to limit overlooking as required [by the relevant Standard eg B22 of Clause 55.04-6 in accordance with the endorsed plans must be installed to the satisfaction of the Responsible Authority and maintained to the satisfaction of the Responsible Authority thereafter for the life of the building.

29. 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.

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

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

permit.

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

NOTES

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

II. 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;

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c) with a trunk circumference of 180 cm or greater measured at its base; ord) 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.

III. 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.

IV. The crossover must be constructed to Council’s Standard Vehicle Crossover Guidelines unless otherwise approved by the Responsible Authority. Separate consent for crossovers is required from Council’s Building and Local Law Unit.

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

VI. 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.

VII. 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.

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13.2 Planning Application 0176/19 - 20 Harold Avenue, Glen Iris

Coordinator Statutory Planning: Anthony DePasqualeDirector Planning & Place: Stuart DraffinPurpose of Report

For Council to consider a planning application for partial demolition, works and use of land for an Education Centre in a General Residential Zone and Heritage Overlay at 20 Harold Avenue, Glen Iris.

Officer Recommendation Summary

That Council authorise Officers to issue a Notice of Decision to Grant a Planning Permit subject to conditions outlined the Officer Recommendation.

Executive Summary

Applicant: Tract Consultants Pty LtdWard: EastZone: General Residential Zone, Schedule 10Overlay: Heritage Overlay, Schedule 351Neighbourhood Precinct: Garden Suburban 4Date Lodged: 21 March 2019Statutory Days:(as at Council Meeting date)

206

Trigger for Referral to Council: Seven or more objectionsNumber of Objections: 18Consultative Meeting: Yes – held on 12 November 2019Officer Recommendation Notice of Decision to Grant a Planning Permit

Background

The Proposal

The plans that form part of the basis of Council's consideration were prepared by Intersketch Designs and are known as Drawing No.s: 1 and 2, the floor plan (Revision 1) prepared by Superdraft, and the swept path diagram (Revision B) prepared by One Mile Grid Traffic Engineers, all with Council date stamped 6 September 2019.

The application is a result of a planning compliance matter. The application seeks retrospective approval to use the land as an education centre, demolish an existing garage, construct works on the site, and provide vehicle access to No. 5-15 Willoby Avenue.

Key features of the proposal are:

Use

Use of the existing building for administrative and office purposes in association with the adjoining Caulfield Grammar School (“the School”).

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The applicant contends that the building has been used as an administrative building for Caulfield Grammar School for approximately 12 years.

The use of the building was suspended due to flood damage that occurred in late January 2020.

The proposed hours of operation are between 8.00am and 6.00pm Monday to Friday. The building will accommodate a maximum of eight (8) staff, predominantly in

administration, information technology (IT) and project management roles. No teaching staff will use this building on a regular basis, with the exception of

assisting support staff who are based there. The staff based in this building are existing staff who already work at the adjoining

school site. The proposed use does not result in a net increase in staff numbers. The proposal does not propose to increase the student numbers. No events or functions are proposed to occur on the site. No students or parents will access the administrative building at any point. Pedestrian access to the broader school site will continue to use the existing gate

located to the north of the sports oval on 5-15 Willoby Avenue, and not through the subject site.

Works

Demolition of a weatherboard garage located at the southeast corner of the subject site. The garage was demolished in the period between November 2017 and February 2018 due to the structural issues found in a safety audit undertaken for the broader school site.

Internal alterations to the existing building. The building internally contains office spaces, meeting room, storage room, server room, kitchen, and WC at ground floor and two additional meeting rooms at first floor.

Construction of hard paving to the rear of the existing building for the purposes of car parking and vehicle access.

Four (4) car parking spaces are proposed to the rear of the building for staff parking. An extended driveway to provide vehicle access to the existing car park to the east at

the school site (5-15 Willoby Avenue) via the existing crossover off Harold Avenue. The car park and extended driveway on the subject site will accommodate informal

loading and unloading for small delivery vehicles associated with the School on an ad-hoc basis.

Site and Surrounds

The site is located on the eastern side of Harold Avenue, approximately 18 metres south of the intersection with Dorrington Avenue. It is located within the Dorrington Estate Heritage Overlay Precinct (HO351) and has the following significant characteristics:

The subject site is rectangular in shape, with a frontage to Harold Avenue of 18.29 metres, a depth of 43.59 metres, and a total area of 797.26 square metres.

The site is developed with a red brick attic storey Interwar bungalow with a pitched terracotta tiled roof. The building is a B-graded heritage building.

To the rear of the building was previously a weatherboard garage, which was demolished without planning approval. Subsequent to demolition of the garage, the area has been replaced with hard paving used for parking and providing vehicle access to the adjoining school site at 5-15 Willoby Avenue.

The site is generally flat and contains established trees scattered within the front setback.

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Vehicle access to the site is via a crossover off Harold Avenue and a driveway extending along the southern side boundary.

The properties neighbouring the site are as follows:

To the south and east of the site at 5-15 Willoby Avenue is the Malvern Campus of Caulfield Grammar School. The land has been used as a school for over 90 years. The school is bounded by properties within Dorrington Avenue to the north, Willoby Avenue to the east and Harold Avenue to the west. The site has a total area of approximately 1.39 hectares, with a number of school buildings and structures dispersed throughout. The main school building is a two storey Italianate mansion known as Valentines (Malvern House). Malvern House and the surrounding land is identified as being of State significance and is included on the Victorian Heritage Register. The school’s main entrance and primary access point is from Willoby Avenue. A secondary vehicle access and pedestrian entrance is provided from Harold Avenue to the north of the sports oval.

To the north of the site at 22 Harold Avenue is a B-graded, red brick attic storey bungalow with a pitched terracotta tiled roof. The secluded private open space is located to the rear of the dwelling. Vehicle access to the site is via an existing crossover off Dorrington Avenue. It is noted that this property is also owned by Caulfield Grammar School.

Harold Avenue runs between Dorrington Avenue to the north and Wattletree Road to the south. There are a number of mature street trees on both sides of the street. The broader area is largely residential, comprising large single and double storey detached dwellings generally characterised by brick bungalows and villas.

The Dorrington Estate Heritage Overlay Precinct is of significance for the quality and consistency of its residential housing stock and its integrity to its interwar state, the mature character of its street trees and gardens, and for its street layouts which reflect, in part, the landholdings of the earlier estates. The broader Dorrington Estate Heritage Overlay Precinct comprises high quality interwar building stock punctuated by three significant nineteenth century properties, Bryanmawr and Valentines, which respectively form part of the school campus of the Sacré Coeur School and the Caulfield Grammar School.

Previous Planning Application/s

A search of Council records indicates that there is no planning permit history for the subject site.

However, the adjoining school site at 5-15 Willoby Avenue where the main campus is situated has an extensive planning history and multiple planning permits have been issued for a wide range of buildings and works projects in the past.

Amongst the extensive permit history, the latest Planning Permit 1330/16 was issued on 26 June 2019 at the direction of the Victorian Civil and Administrative Tribunal (VCAT). The planning permit allowed for retention of a temporary portable classroom on the school site for another 5 years. It is noted in the VCAT order that this permit was granted by consent of the contesting parties. The basis for the objectors’ consent was the commitment of the School to prepare a master plan in consultation with the community within 3 years. The process of preparing a master plan has commenced with consultation between the representatives of the residents and the School taking place.

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The Title

The site is described on Certificate of Title Volume 10037 Folio 757 / Lot 3 on Plan of Subdivision 045764. It is not encumbered by any easement.

A restrictive covenant 0867484 encumbers the land and details that the owner of the land will not:

Remove marl, stone, earth, clay, gravel or sand from the said land. Erect on the land any building except one private dwelling house and outbuildings

appurtenant to the dwelling. Erect more than one building on each of the lots. Construct the buildings other than of brick or stone or reinforced concrete with a roof of

slate or tiles. Construct a building of less than six hundred pounds excluding fencing and

outbuildings. Use the building or allow to be used any portion of the land for quarrying or brick

making. Erect or allow any hoarding or advertisement to be erected on the land.

Council has sought a review of the legal advice submitted by the permit applicant. The review of the legal advice has confirmed that the proposed use of the subject land as an education centre is considered to not contravene the restrictive covenant, provided that there are no additions or extensions or other buildings to be erected on the land. Equally, the works as proposed are not deemed to breach the restrictions of the restrictive covenant.

Planning Controls

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

Zone

Clause 32.08 – General Residential Zone, Schedule 10 (GRZ10)

Pursuant to Clause 32.08-2, a permit is required to use the land for education centre.

Pursuant to Clause 32.08-9, a permit is required to construct a building or construct or carry out works for a Section 2 use.

Overlay

Clause 43.01 – Heritage Overlay, Schedule 351 (HO351)

Pursuant to Clause 43.01-1, a permit is required to demolish or remove a building, to construct a building or to construct or carry out works.

Pursuant to Clause 43.01-1, a permit is required to internally alter a building if the schedule to this overlay specifies the heritage place as one where internal alteration controls apply. No internal alteration controls apply in Schedule 351 to the Heritage Overlay. As such, a permit is not required for internal alterations to the existing building on the site.

Particular Provisions

Clause 52.06 – Car Parking

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There is no statutory trigger to provide any new car parking on the subject site as the number of students is not being increased. Nevertheless, this application is proposing four (4) new on-site car parking spaces to the rear of the existing building for staff parking.

Clause 52.34 – Bicycle Facilities

As noted above, there is no change in the number of students. As the proposal is to relocate existing staff from the broader school site to the subject site with no net increase in employee numbers, the proposal does not generate the requirement of bicycle facilities under Clause 52.34.

Relevant Planning Policies

Clause 9 Plan MelbourneClause 11 SettlementClause 15 Built Environment and HeritageClause 19.02-2S Education Facilities Clause 21.03 VisionClause 21.04-4 Commercial and Community Uses in Residential ZonesClause 21.06 Built Environment and HeritageClause 21.08-5 Community InfrastructureClause 22.04 Heritage PolicyClause 22.16 Institutional Uses PolicyClause 65 Decision Guidelines

Advertising

The application has been advertised pursuant to Section 52 of the Planning and Environment Act 1987 by sending notices to the owners and occupiers of adjoining land and by placing one (1) sign on the site. The public notification of the application has been completed satisfactorily.

The site is located in East Ward and objections from 18 different properties have been received. The objections are summarised as follows:

Breaching restrictive covenant. The use is defined as an ‘office’, not an ‘education centre’, which is prohibited in a

General Residential Zone. Unreasonable amenity impacts on the residential area. Inappropriate to have a commercial use in a residential street and the use does not

service a local ‘need’. Inconsistent with Council’s Heritage Policy and demolition is inappropriate. Traffic and parking concerns, including concerns with lack of car parking and another

vehicle access from Harold Avenue. Noise implications. Inappropriate for the School to lodge applications without a master plan. Set a precedent for the School converting other dwellings into ‘education centre’. Inappropriate that the application is seeking ‘retrospective’ approval for the use that is

already occurring on the site. Non-compliance with other existing permits for the adjoining school site.

A Consultative Meeting was held on 12 November 2019. The meeting was attended by Councillors Klisaris and Davis, representatives of the applicant, objectors and two Council

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planning officers. The meeting resulted in submission of ‘discussion plans’. The key changes shown on the discussion plans include, but are not limited to, the following:

Four (4) car parking spaces are proposed to the rear of the existing building for staff parking.

Swept path diagrams demonstrating that small delivery vehicles are capable of reversing within the subject site and egress in a forward direction via the existing crossover off Harold Avenue.

Referrals

Heritage Advisor

Although it appears possible that the garage was constructed at the same time as the attic-storey interwar bungalow, the limited extent to which it was visible from Harold Avenue meant it made only a minor contribution to the streetscape. Even setting aside the issue of the garage’s poor condition, its demolition has had little impact on the integrity of the Harold Avenue streetscape or the broader Dorrington Estate Heritage Overlay Precinct (HO351).

Nor does the paving to the rear of the site pose any issues from a heritage perspective. On this basis, the scheme can be supported.

Transport and Parking Unit

The access through the site to the car spaces at the School appears broadly reasonable in principle.

As concerns the issue of small vehicles engaged in loading/unloading on site, the applicant has provided swept path diagrams to demonstrate that a B99 vehicle can turn around on site without encroaching on the parking bays occupied.

If a B99 vehicle is parked in a bay, it would overhang the nominal 4.9m length, so the area for manoeuvring would be less. It is also unusual to demonstrate access for loading/unloading with a B99 template, as this would allow as a maximum a large car or van. Service type vehicles are typically demonstrated using a larger template.

Planner response: Amended plans will be required by way of permit conditions to reduce the north setback of the car parking area and increase the width of accessway for manoeuvring. The loading and unloading for small deliveries can be properly managed on site by way of car parking management plan.

Parks Unit

The tree located to the north of the proposed car park is a Ligustrum lucidum (Shiny Privet). It is generally considered a weed and Council would have no objection to its removal.

Head of Transport for Victoria

The application was referred to Head of Transport for Victoria pursuant to Clause 66.02-11 of the Stonnington Planning Scheme. The Head of Transport for Victoria had no objection to the application.

Key Issues and Discussion

Use

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Strategic Justification

There is clear State and local planning policy support for the integration of education facilities within local communities and the inclusion of education centres within residential areas. Infrastructure should be provided in response to social needs, and the efficient use of existing infrastructure is encouraged. At the local level, Clause 21.08-1 outlines that addressing the need for social and physical infrastructure is a focus for future development planning in Stonnington. Clause 21.08-5 seeks to acknowledge the importance of institutions to the economic and social viability of the City and recognises that addressing the potential impacts of many institutional uses on residential amenity in residential areas is a key issue.

Clause 21.02-3 (key influences and challenges) identifies the management of the location, expansion and increased levels of use of educational, medical and institutional uses and their integration into the community and established residential areas as a challenge. Clause 21.08-5 (community infrastructure) seeks to ensure the effective management and integration of the use and development of institutional uses including health, education and recreational facilities. Clause 22.16 (Institutional Uses policy) seeks to accommodate the future use and development needs of institutional uses, whilst ensuring they take place in an orderly manner and are complementary to the surrounding residential context.

Clause 21.04-4 (Commercial and community uses in residential zones) seeks to ensure that non-residential uses in residential zones are located to achieve maximum accessibility to the communities they serve, respect the preferred character of the area and respect residential amenity.

The subject site is located within the General Residential Zone. The purpose of the General Residential Zone (amongst others) seeks ‘to allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations’. This indicates that such uses may be appropriately located in residential areas, even though they may be inconsistent with primary residential use of the area.

As detailed earlier, the Malvern Campus of Caulfield Grammar School at 5-15 Willoby Avenue has been used as a school for over 90 years and has an extensive planning permit history in this location. Multiple planning permits have been issued for a wide range of buildings and works projects over time. The proposal seeks to integrate the subject site (20 Harold Avenue) into the broader school site (5-15 Willoby Avenue) and use the existing building as an administrative building in association with the School. This application seeks retrospective approval to legitimate the use already being carried out on the site for approximately 12 years.

Operation

The proposed administrative building provides ancillary office spaces associated with the adjacent School. The building is proposed to accommodate a maximum of eight (8) staff, all of which are existing staff reallocated from the adjoining school site. In terms of land use definition, the proposed use of the land is characterised as ‘Education Centre’, as opposed to ‘Office’. It is not uncommon that an education centre or a school contains a cluster of buildings that serve different functions required by school operation. Administrative building is one of those. Such use of buildings is part of the use of education centre and does not characterise or constitute as a separate use. There is clear nexus, in both physical context and the actual uses and activities on the land, between the subject site and the School. Conditions will be imposed in any permit issued linking the two sites. This will ensure that the

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use of the subject site is in conjunction with the education centre use of the School and not operating as a sole office.

Staff/ Student Numbers

The proposal does not give rise to an increase in student or staff numbers over the broader school site. Instead, it seeks to rationalise the office spaces and improve the facilities at the existing School by relocating existing staff from the adjoining school site to the subject site. This improves staff amenities and working environments of the School and allows for more efficient and better use of the school facilities. The intensity of the use is relatively low. The use represents a minor expansion of the School, which is not uncommon for school sites and will facilitate the ongoing operation of the School.

Hours of Operation

The subject site does not have direct abuttal to any sensitive interfaces. The proposed use of administrative building to the School with a maximum 8 staff is considered to be a low intensity use. No events or functions are proposed to occur on this site and no teaching staff will use this building on a regular basis. No students or parents will access the administrative building at any point. All activities will be conducted within the building and will be predominantly office-based in nature. Potential noise impacts therefore are not anticipated to be unreasonable. It is recommended that, if a permit is issued, conditions be imposed to require ongoing compliance with the relevant EPA regulations and limit the staff numbers to operate from the site.

The proposed operating hours are between 8.00am and 6.00pm Monday to Friday. No late weekday use or weekend use is proposed. These operating hours are considered reasonable and not excessive. The hours will continue to allow evening and weekend amenity of the nearby residential properties to be protected. The use will operate mainly during business hours and will not adversely or unreasonably impact on the amenity of the area. Conditions will be imposed in any permit issued to restrict the operating hours.

It is considered that the proposal will not create adverse impact on the amenity of the nearby residential properties and the surrounding residential area through noise and hours of operation associated with the use.

Traffic Generation

The proposal seeks to relocate existing staff from the adjoining school site to the subject site and has no increase in student or staff numbers. Notwithstanding this, the proposal will provide an additional four (4) car parking spaces on site for staff parking, which will slightly alleviate the pressure for on-street parking.

The subject site is not proposed to be used as an access point for students/ parents. Students/ parents will continue to use the existing gate located to the north of the sports oval on 5-15 Willoby Avenue to access the broader school site from Harold Avenue, and not via the subject site.

It is considered that the impact to the local traffic and demand for on-street car parking in the surrounding network generated by the proposal will be minimal.

Waste Management

A waste management plan has been prepared for the subject site. The waste management plan indicates that bins are to be stored within the property and a private waste collection

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service is to be used. Waste collection times will be limited to the hours in accordance with Council’s Local Laws. Given the low intensity of the use, Council’s Local Laws along with Federal and State legislation will be sufficient to regulate the management of wastes on the site. This can be addressed by way of waste management plan and standard permit conditions on any permit to issue. The proposal is not anticipated to result in adverse amenity impacts in relation to waste collection.

Conclusion

It is considered that the proposal is consistent with the strategic direction outlined in the Stonnington Planning Scheme. This supports institutional uses (education facilities in this case) throughout the City’s residential areas whilst minimising residential amenity impact from the operation or expansion of institutions. The proposed use does not displace existing residential uses, nor adversely impact the operation of the Zone. The intensity of the use is of low scale and will not result in unreasonable amenity impacts to the immediate area. Having balanced the competing objectives, the proposal is considered to be in accordance with the relevant policies of the Stonnington Planning Scheme and is an appropriate use in this location.

Heritage

Demolition

With respect to the proposed extent of demolition, Council’s Heritage Policy as set out underClause 22.04-4.1 discourages the demolition or partial demolition of significant or contributory buildings unless it can be demonstrated that (amongst others):

The demolition will not adversely affect the significance of the heritage place.

The heritage significance of the Dorrington Estate Heritage Overlay Precinct (HO351) is largely derived from the streetscape and the Interwar dwellings. The weatherboard garage, which was located at the rear corner of the property with a setback of approximately 33 metres from the front boundary, was not highly visible from the street and made only a minor contribution to the heritage streetscape. The demolition of the garage does not diminish the historic integrity of the red brick attic-storey Interwar bungalow as well as the heritage significance of the Harold Avenue streetscape and the broader Dorrington Estate Heritage Overlay Precinct. The proposed demolition is supported by Council’s Heritage Advisor and is deemed to be acceptable.

Works

Council’s Heritage Policy at Clause 22.04-4.10, amongst others, encourages on-site car spaces:

Are located at the rear of the property or in a side setback area behind the principal building façade.

Appear visually recessive when viewed from the main road.

It is also policy to ‘ensure that front setback areas are landscaped and remain free from permanent buildings, structures, vehicle parking and large areas of hard paving.’

The Dorrington Estate Heritage Overlay Precinct (HO351) is of significance for the quality and consistency of its residential housing stock and its integrity to its interwar state, the

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mature character of its street trees and gardens, and for its street layouts which reflect, in part, the landholdings of the earlier estates.

The proposed works are confined to construction of hard paving to the rear of the heritage building for the purposes of car parking and vehicle access. The proposed works are consistent with Council’s Heritage Policy at Clause 22.04 in that:

The proposed car parking area is located to the rear of the heritage building and is concealed from external view.

The remaining section of the hard paving is essentially an extension to the existing driveway. Given its significant setback from the street frontage, the driveway is visually recessive when viewed from Harold Avenue.

The presentation to the street is largely unaltered. The grass area within the front setback was previously used for car parking and thus there is minimal landscaping within the front setback area. The applicant recognises that there is an opportunity to improve the presentation to the street through additional landscaping and has agreed to accept such permit condition. Subject to permit conditions, the front setback area will continue to be landscaped and remain free from vehicle parking. The additional landscaping within the front setback will also complement the streetscape and the landscape character of the area.

As confirmed by Council’s Heritage Advisor, the proposed works will not adversely affect the significance of the heritage place as well as the historic character of the streetscape and the wider heritage precinct.

Car Parking and Vehicle Access

Car and Bicycle Parking Provision

Pursuant to Clause 52.06-5, on-site car parking for an education centre use is calculated on the basis of student numbers. As the number of students is not proposed to be changed, the proposal does not generate any statutory car parking requirements under Clause 52.06.

Equally, pursuant to Clause 52.34-5, bicycle facilities are calculated on the basis of student and staff numbers. As the proposal is to relocate existing staff from the broader school site to the subject site with no net increase in student or staff numbers, the proposal does not generate any statutory bicycle parking requirements under Clause 52.34.

Despite the above, in addressing the concerns raised by the objectors and Council’s Transport and Parking Unit, four (4) on-site car parking spaces are proposed to be provided at the rear of the existing building for staff parking. This will slightly mitigate the pressure of on-street car parking. In addition, given the generous land size and existing site conditions, it is recognised that there is an opportunity to provide few bicycle parking spaces for staff use either within the front setback area or adjacent to the rear car park, without detracting from the significance of the heritage place. A provision of four (4) bicycle parking spaces is considered appropriate in that it will provide an option to staff and encourage a shift to alternate modes of transport.

There are no fundamental concerns with the car parking layout and design. The dimensions of the car parking spaces are compliant with the design standards of Clause 52.06-9. The accessway has been designed to accommodate for B99 vehicles. Council’s Arborist has confirmed that the existing vegetation to the north of the proposed car park is largely shrubs and weed species and is insignificant. In any event, the retention or removal of this vegetation can be decided in the landscape design stage.

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Vehicle Access

Planning Permit 311/94 (1994 permit) was issued on 20 September 1995 for the adjoining school site at 5-15 Willoby Avenue. The planning permit allowed ‘for the development for the purpose of 2 storey classrooms, playground and associated landscaping and provision of six carparking spaces’.

The endorsed plans show that the approved 2 storey classrooms is located to the north of the sports oval adjacent to the west (Harold Avenue) boundary. The six (6) car parking spaces as required by the 1994 permit are located to the east of the subject site, between the tennis court and the outbuilding. To the south of the 2 storey classrooms is an internal driveway providing access to the six (6) car parking spaces from the existing crossover/ pedestrian gate off Harold Avenue.

It is noted that the 1994 permit has been acted upon and the School continues to take benefit of the permit.

In January 2018, the School conducted a safety audit for the broader school site. The safety audit identified that the vehicle access between the existing crossover off Harold Avenue at the school site and the car park where the six (6) car parking spaces located constitutes an ‘extreme’ risk of conflict between children and vehicles and was unsafe. As a consequence, the School determined to close the vehicle access and the car park as required by the 1994 permit became inaccessible from both Harold Avenue and Willoby Avenue.

This application seeks to rectify the above non-compliance with the 1994 permit by way of providing vehicle access through the subject site (20 Harold Avenue) to the six (6) car parking spaces at the adjoining school site at 5-15 Willoby Avenue and the provision of loading and unloading as required by the 1994 permit.

Council’s Transport and Parking Unit has reviewed the discussion plans and advised that the vehicle access through the subject site to the car park on the school site (as required by the 1994 permit) is broadly acceptable from a traffic perspective. The subject site provides access to those six (6) car parking spaces. This access arrangement will ensure vehicles can access the car park directly from the existing crossover on the subject site without the need of driving through the school grounds. Pedestrians, particularly students/ parents, will continue to use the existing gate located to the north of the sports oval on 5-15 Willoby Avenue to access the broader school site from Harold Avenue. The gate between the subject site and the car park at the school site (5-15 Willoby Avenue) will be closed during school hours to prevent students accessing the subject site. This arrangement will minimise conflict with pedestrians and provide a safe environment for school children. It will also provide safe and functional car parking for staff of the School.

The existing crossover on the school site is located approximately 32.5 metres south of the existing crossover on the subject site. The change of vehicle access from the existing crossover on the school site to the existing crossover on the subject site will have minimal impact to the traffic flow on Harold Avenue. The proposed access arrangement will also avoid the need to create a new crossover, which may adversely impact the heritage streetscape of Harold Avenue. Having considered the site constraints, the proposal is considered to be acceptable and will not result in any unreasonable impact on residential amenity.

Loading and Unloading

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It is proposed to manage loading and unloading for small deliveries to the School within the car parking area on the subject (Harold Avenue) site. Larger deliveries continue to occur from Willoby Avenue via the main entrance outside the school hours. The proposed arrangement for informal loading and unloading on site is considered to be reasonable and internalised which is supported.

The applicant has provided swept path diagrams to demonstrate that a B99 vehicle can turn around on site without encroaching on occupied parking bays. Council’s Transport and Parking Unit has raised concerns with possible overhanging of vehicles into the accessway, which would reduce the room for manoeuvring, and suggested a larger vehicle template to be used to cater for service type vehicles. In addressing this issue, it is recommended that the northern setback of the car parking area be reduced to 1.5 metres (from approximately 2.2 metres) to increase the width of the accessway for improved manoeuvring capacity.

The loading and unloading for small deliveries for school use will likely be incidental in nature and occur on an infrequent and ad-hoc basis. This can be safely and appropriately managed on the site through implementation of a car parking management plan. It is not considered that the occasional delivery of goods to the school site will result in an unacceptable amenity impact with respect to traffic flow or road safety impacts. Having regard to the low frequency and short duration of loading and unloading activities associated with the school use, the proposed informal arrangement is considered to be acceptable.

For the reasons outlined above, the proposed vehicle access and loading and unloading arrangement are considered appropriate. It will address the non-compliance with the 1994 permit and ensure that the 1994 permit can continue to take effect. Notwithstanding this, a subsequent amendment to the 1994 permit will need to be submitted to ensure that the two permits are interconnected. A condition will be imposed in this permit ensuring it does not come into effect until the approval of subsequent amendment to the 1994 permit is granted.

Objections

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

Inappropriate for the School to lodge applications without a master plan

Many objectors are frustrated with incremental expansion of the School over time. They submit that the School should submit a master plan so as to provide Council and local residents with certainty regarding the intended long term development of the school and how issues such as car parking, additional built form and use are to be managed.

Council’s Institutional Uses Policy at Clause 22.16 encourages the preparation of master plans and outlines the process through which the preparation of the master plan ought to proceed. However, as the Tribunal pointed out in The King David School Holdings Pty Ltd v Stonnington CC [2004] VCAT 239, Clause 22.16 appropriately recognises the master plan and planning permit processes are interchangeable. Therefore, the absence of a master plan does not impose a barrier to the consideration of planning permit applications nor does it deprive residents of their fair participation in any planning permit application process.

Whilst it may be desirable to have a master plan for various reasons, the absence of a master plan does not warrant a refusal of this application for the following reasons:

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Firstly, there is no statutory requirement for this planning application to prepare a master plan pursuant to the current planning controls that apply to the subject site. The adjoining school site that was subject to the recent VCAT proceeding (5-15 Willoby Avenue) is affected by an Incorporated Plan Overlay, Schedule 1 (IPO1) whereas the subject site (20 Harold Avenue) is not. It is important to distinguish this difference of planning controls that apply between the two sites.

Secondly, the planning permit process provides an efficient and fair process to assess use and development applications on their merits. The absence of a master plan is not an impediment to assessing proposals on their planning merits.

Thirdly, approval of a master plan requires considerable time and effort by different stakeholders and therefore may be unable to respond to changing technology, student needs, funding and regulations in time. This may explain why so very few master plans have been approved under Clause 22.16 and IPO1. At this stage, only one school (Loreto Mandeville Hall) has an incorporated plan incorporated in Schedule 1 to the Incorporated Plan Overlay.

In summary, the absence of a master plan does not prohibit the current application from being assessed and considered by Council, nor warrant a refusal of this application. In fact, Council has a statutory obligation to consider every application lodged with it pursuant to Section 58 of the Planning and Environment Act 1987.

Despite the above, it is noted that the School has recently commenced the process of preparing a master plan and has been in consultation with the representatives of the residents. The issue of this planning permit, if issued, will not undermine the master plan process.

Set a precedent for the School converting other dwellings into ‘education centre’

Every planning application is assessed on its own planning merit and against the planning controls and policies at the time of making the decision.

Inappropriate that the application is seeking ‘retrospective’ approval for the use that is already occurring on the site

The Planning and Environment Act 1987 and the planning schemes do not have any clauses to prohibit issuing planning permits for retrospective approval. It is considered that this planning application is lawfully made and must be considered by Council.

Non-compliance with other existing permits for the adjoining school site

The issue of non-compliance with other existing permits for the adjoining school site is being addressed through planning compliance action. The relevant matter, which includes providing loading and unloading provision for small deliveries and vehicle access to the existing car park to the east approved under the Planning Permit 311/94, has been addressed in this planning application. Other non-compliance issues with other existing permits for the adjoining school site do not prohibit the current application from being assessed and considered by Council.

Council’s capacity to amend a previous Tribunal decision

Pursuant to Section 72 of the Planning and Environment Act 1987, a permit issued at the direction of VCAT can be amended by Council, unless the Tribunal has specifically

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directed under Section 85 of the Act that the Responsible Authority (Council) must not amend that permit. As the 1994 permit does not contain any conditions that specify the permit must not be amended by Council, Council therefore has power to consider any amendment applications and amend the permit if appropriate.

Conclusion

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

Having balanced the competing objectives and planning policies in the Planning Scheme, the proposed use is considered appropriate in this location.

The demolition of the garage and the proposed works will not adversely affect the heritage significance of the property and the wider heritage precinct.

The proposal will not result in any unreasonable amenity impacts on the nearby residential properties.

The proposal will adequately rectify the non-compliance with the 1994 permit and ensure this can continue to take effect.

Governance Compliance

Conflicts of Interest Disclosure

No Council Officer and/or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.

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 & Responsibilities Act 2006.

Attachments

1. 176/19 - 20 Harold Avenue Glen Iris [13.2.1 - 11 pages]

Officer Recommendation

That Council AUTHORISE Officers to issue a Notice of Decision to Grant a Planning Permit No: 176/19 for the land located at 20 Harold Avenue, Glen Iris under the Stonnington Planning Scheme for partial demolition, works and use of land for an Education Centre in a General Residential Zone and Heritage Overlay subject to the following conditions:

1. Unless otherwise approved in writing by the Responsible Authority, within three (3) months of the issue of this permit, 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 prepared by Intersketch Designs and are known as Drawing No.s: 1 and 2, the floor plan (Revision 1) prepared by Superdraft, and the swept path diagram (Revision B) prepared by One Mile Grid Traffic Engineers, all with Council date stamped 6 September 2019, all with Council date stamped 6 September 2019, but modified to show:

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a) Provision of four (4) on-site car parking spaces located to the rear of the existing building, with a setback of 1.5 metres from the north boundary. The design must be generally in accordance with the discussion plans (Revision B) prepared by One Mile Grid Traffic Engineering with Council date stamped 3 December 2019.

b) Provision of landscaping areas to the north, east and west of the car parking area.

c) Provision of four (4) bicycle parking spaces. The bicycle parking spaces must be designed in a manner that they will not detract from the significance of the heritage place to the satisfaction of the Responsible Authority.

d) Any changes as required by Condition 3 (Car Parking Management Plan).e) Any changes as required by Condition 4 (Landscape Plan).f) Any changes as required by Condition 6 (Waste Management Plan).

All to the satisfaction of the Responsible Authority.

2. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason, without the prior written consent of the Responsible Authority.

3. Prior to the endorsement of any plans, a Car Parking Management Plan prepared by an appropriately qualified traffic engineer must be submitted to and approved by the Responsible Authority. When approved, the car parking management plan will be endorsed and will then form part of the permit. The car parking management plan must address, but is not necessarily limited to, the following:

a) The location and design layout of the car parking area.b) The number of the car parking spaces.c) The width of the accessway and manoeuvring area.d) Swept path diagrams for small service type vehicles to demonstrate

vehicles can reverse within the site and egress the site in a forward direction.

e) Measures to be put in place to manage the loading and unloading on both of the subject site and the broader school site and to demonstrate compliance with Condition 15 of the permit.

All to the satisfaction of the Responsible Authority.

The endorsed Car Parking Management Plan must be implemented to the satisfaction of the Responsible Authority.

4. Prior to the endorsement of any 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 survey (including botanical names) of all existing vegetation to be retained and/or removed.

b) Buildings and trees (including botanical names) on neighbouring properties within three metres of the boundary.

c) Details of surface finishes of pathways and driveways.

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d) A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, species if they are native or exotic, pot sizes, sizes at maturity, and quantities of each plant.

e) The extent of any cut, fill, embankments or retaining walls associated with the landscape treatment of the site.

f) Landscaping and planting within all open areas of the site.g) Details of planter boxes.h) Details of all proposed hard surface materials including pathways, patio or

decked areas.i) Details of irrigation systems.j) Provision of canopy tree planting and landscaping within the front setback

area.k) Provision of landscaped areas to the north, east and west of the car

parking area.

All to the satisfaction of the Responsible Authority.

5. Unless otherwise approved in writing by the Responsible Authority, within six (6) months of the approval of the endorsed plans, 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.

6. Prior to the endorsement of any plans, a Waste Management Plan must be submitted to and approved by the Responsible Authority. The Waste Management Plan must include:

a) Dimensions of waste areas.b) The number of bins to be provided.c) Method of waste and recyclables collectiond) Hours of waste and recyclables collection. These should correspond with

Council’s General Local Laws.e) Method of presentation of bins for waste collection.f) Sufficient headroom within the basement to allow the passage of waste

collection vehicles.g) Strategies for how the generation of waste and recyclables from the

development will be minimised.

All to the satisfaction of the Responsible Authority.

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

7. This permit does not come into effect until such time as a subsequent amendment to the Planning Permit 311/94 is approved.

8. The use of the land for an education centre at 20 Harold Avenue must at all times be in conjunction with the use of the education centre at 5-15 Willoby Avenue, Glen Iris to the satisfaction of the Responsible Authority.

9. Unless with the further written consent of the Responsible Authority, the subject land must only be used for the purpose of ancillary administration purposes and

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not be used for teaching purposes associated with the education centre at 5-15 Willoby Avenue, Glen Iris, to the satisfaction of the Responsible Authority.

10. The use hereby permitted must operate only between the hours of 8.00am and 6.00pm Monday to Friday, to the satisfaction of the Responsible Authority.

11. A maximum number of eight (8) staff are permitted to operate on the site at any one time, with exception of meeting or training purposes, to the satisfaction of the Responsible Authority.

12. Students/ parents must not use the subject land as an access point to access 5-15 Willoby Avenue to the satisfaction of the Responsible Authority.

13. Pick up/ drop off of students is not permitted on the subject land to the satisfaction of the Responsible Authority.

14. Unless with the further written consent of the Responsible Authority, the gate between 20 Harold Avenue and 5-15 Willoby Avenue must be closed during school hours, unless otherwise required for vehicle access, to prevent students access to the subject site, to the satisfaction of the Responsible Authority.

15. Unless otherwise approved in writing by the Responsible Authority, within six (6) months of the approval of the endorsed plans, areas set-aside for parked vehicles and access lanes as shown on the endorsed plans must be:

a) Constructed to the satisfaction of the Responsible Authority. b) Properly formed to such levels that they can be used in accordance with

the plans. c) Surfaced with an all-weather sealcoat or surfaced with crushed rock or

gravel to the satisfaction of the Responsible Authority. d) Drained and maintained to the satisfaction of the Responsible Authority. e) Line-marked to indicate each car space and all access lanes to the

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

16. The car spaces hereby approved must be made available and used by staff of the use hereby approved at all times, to the satisfaction of the Responsible Authority.

17. The loading and unloading of vehicles and the delivery of goods to and from the premises must at all times be conducted entirely within the site and in a manner that limits interference with other vehicular traffic, to the satisfaction of the Responsible Authority.

18. The loading and unloading of goods must only be undertaken on the subject land between the following hours, unless otherwise agreed in writing by the Responsible Authority:

Monday to Friday – 8.00am to 6.00pm.

19. Noise emanating from the subject land must not exceed the permissible noise levels when determined in accordance with State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1, to the satisfaction of the Responsible Authority. Any works required to ensure and

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maintain the noise levels from the plant and equipment area and loading bay are in compliance with this policy must be completed prior to the commencement of the use or occupation of the site and maintained thereafter, all to the satisfaction of the Responsible Authority.

20. No external sound amplification equipment or loudspeakers are to be used for the purpose of announcements, broadcasts, playing of music or similar purposes on the subject land, to the satisfaction of the Responsible Authority.

21. All security alarms or similar devices installed on the land must be of a silent type in accordance with the relevant Australian standards and must be connected to a registered security service, to the satisfaction of the Responsible Authority.

22. 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.

23. 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, to the satisfaction of the Responsible Authority.

24. The use and development must be managed so that the amenity of the area is not detrimentally affected through the:

a) Transport of materials, goods or commodities to or from the land.b) Appearance of any building, works or materials.c) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour,

steam, soot, ash, dust, waste water, waste products, grit or oil.d) Presence of vermin.

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

a) The development is not completed within six (6) months of the approval of the endorsed plans under this permit or the approval of the amendment to the Planning Permit 311/94, whichever occurs last.

b) The use is discontinued for a period of two years or more.

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

NOTES:

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

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13.3 Planning Application 0713/18 - 727-729 Malvern Road, Toorak

Coordinator Statutory Planning: Anthony DePasquale Director Planning & Place: Stuart Draffin

Purpose of Report

For Council to consider a planning application for construction of a multi dwelling development in a General Residential Zone and Special Building Overlay and alteration of access to a Category 1 Road Zone at 727-729 Malvern Road, Toorak.

This item was considered at the Council meeting of 16 March 2020. The application was deferred and is now presented to Council for further consideration.

Officer Recommendation Summary

That Council authorise Officers to issue a Notice of Decision to Grant a Planning Permit subject to conditions outlined the Officer Recommendation.

Executive Summary

Applicant: SJB PlanningWard: NorthZone: General Residential Zone, Schedule 1Overlay: Special Building Overlay, Schedule 1Neighbourhood Precinct: Garden River PrecinctDate Lodged: 23 July 2018Statutory Days:(as at Council Meeting date)

60

Trigger for Referral to Council: Building of four storeys or greater and seven or more objections

Number of Objections: 10Consultative Meeting: Yes – held on 4 December 2018 and 12 December 2019Officer Recommendation Notice of Decision to Grant a Planning Permit

Background

The Proposal

The plans that form part of the basis of Council's consideration were prepared by K2LD Architects and Interiors and are known as Drawing No.s: TP000, TP001A, TP001B, TP002, TP003, TP100 – TP105, TP200 – TP203, TP300 – TP307, TP500 – TP506, TP600 – TP605, TP700, and TP800 (all Rev 8) with Council date stamped 20 February 2020. The landscape plan (Revision P-24) prepared by Paul Bangay with Council date stamped 3 February 2020.

Key features of the proposal are:

Demolition of all existing buildings on the site (no permit required). Construction of a part four and part five storey building for 10 dwellings comprising 3 x

two-bedroom and 7 x three-bedroom apartments.

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Due to the fall in the land the basement floor sits more than 1.2 metres above natural ground level at the rear of the site. Therefore, as defined by the Stonnington Planning Scheme, the rear of the building is five storeys in height above natural ground level. The building contains four levels of apartments.

18 car spaces are to be provided at the basement level accessed via a new crossover from Malvern Road.

The existing crossover to Malvern Road is to be removed and reinstated as kerb and footpath.

The building is to be centrally located on the combined lots and will have an overall height above natural ground level of 14.813 metres (excluding rooftop plant screen and lift overrun).

No walls are proposed on a boundary. The development is to be of a contemporary style and will be finished in Krause

Emperor bricks in ‘Grey/Ghost’ colour and ‘Autumn’ colour, light coloured concrete, black metal cladding, clear glazing and privacy screen.

Removal of all vegetation on the site (no permit required). Various landscaping treatments are proposed around the perimeters of the building

with planter boxes in balconies at upper levels. The two existing significant street trees (London Plane) within the naturestrip of

Malvern Road are proposed to be retained.

On 31 May 2019, the application was amended to formally substitute the plans under Section 57A of the Planning and Environment Act 1987 and readvertised, following the first consultative meeting (which was held on 4 December 2018). The plans were amended again respectively on 12 November 2019 and 27 February 2020 after readvertising and the second consultative meeting (which was held on 12 December 2019) in an effort of addressing numerous concerns raised by officers and objectors. Details of the changes are outlined in the “Advertising” section of this report.

Site and Surrounds

The site is made up of two contiguous allotments located on the north side of Malvern Road in Toorak, approximately 90 metres to the east of Orrong Road to the west of Mandeville Crescent. The site has the following significant characteristics:

The site is rectangular in shape, with a frontage to Malvern Road of 31.37 metres, a depth of 45.72 metres and a total area of approximately 1434 square metres.

The site has a fall of approximately 1.7 metres from the Malvern Road frontage towards the rear laneway (Mandeville Lane).

The site is developed with two double storey dwellings with associated outbuildings. Vehicle access to the properties are via Malvern Road and Mandeville Lane respectively.

The site is encumbered by a barrel drain which traverses diagonally across the northeast corner of the site.

The site contains established trees scattered within the front setbacks and rear private open spaces.

The rear laneway (Mandeville Lane) of 3 metres in width extends along the rear boundary and is accessed via Mandeville Crescent.

The site interfaces with adjoining properties as follows:

To the west is a multi-dwelling development comprising three single storey dwellings. The dwelling at the front at 719A Malvern Road contains two habitable room windows oriented towards the subject site. The dwelling at the rear at 8 Mandeville Lane is built

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to the east and north boundaries. The secluded private open spaces to these dwellings are located between the dwellings interfaced with the subject site. The front dwelling is accessed from Malvern Road whilst the rear dwelling is accessed from Mandeville Lane. To the west of 719A Malvern Road is 719 Malvern Road. The dwelling is attached to 719A Malvern Road and contains a secluded private open space to its rear.

Abutting the site to the east at 731 Malvern Road is a double storey brick building, which is currently used as a medical centre. The use of the medical centre was authorised under the Planning Permit 710/16 granted on 20 December 2016. The building is setback approximately 5.65 metres from the Malvern Road frontage and 1 metre from the west boundary with six (6) windows oriented towards the subject site. A carport is constructed to the rear of the brick building and is accessed from Mandeville Lane at the rear. A small courtyard is located between the building and carport.

To the north, the site has a direct abuttal to Mandeville Lane. There are three properties over Mandeville Lane to the north that partially interface with the subject site. To the northeast at 5 Mandeville Crescent is a double storey dwelling. The secluded private open space, which contains a swimming pool, is located to the rear of the dwelling interfaced with Mandeville Lane. The property contains two vehicular accesses, one from Mandeville Crescent leading to a driveway and one from Mandeville Lane at the rear leading to a single car garage. A Planning Permit 1231/18 was granted on 18 December 2018 for a single storey extension to the existing dwelling. The approved works have commenced.

To the north at 7 Mandeville Crescent is a single storey dwelling. The secluded private open space, which also consists of a swimming pool, is located to the rear of the dwelling interfaced with Mandeville Lane. Similar to 5 Mandeville Crescent, this property also has two vehicular accesses, one from Mandeville Crescent at the front leading to a driveway and one from Mandeville Lane at the rear leading to a single car garage. A Planning Permit 560/17 was issued on 31 July 2017 for building and works to the existing dwelling. The permit has been acted upon.

To the northwest of the subject site at 9-13 Mandeville Crescent is the Toorak Bowling Club. A single storey weatherboard clubroom building and an old galvanised shed are built to the laneway.

To the south across Malvern Road is a group of single and two storey heritage Edwardian or Victorian dwellings.

More broadly, the surrounding area is largely made up of residential properties, predominantly single and double storey detached dwellings or low scale townhouse developments, with exception of a part four and part five storey apartment building at 715 Malvern Road, which ranges in height between 15.6 metres and 16.3 metres. The site is within 50 metres of the Beatty Avenue Neighbourhood Activity Centre and approximately 170 metres from the Toorak Railway Station.

Previous Planning Application/s

A search of Council records indicates the following relevant planning applications pertaining to the subject site:

727 Malvern Road

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Planning Permit 1371/98 was issued on 8 February 1999 for alterations including a two storey addition to existing detached dwelling.

729 Malvern Road Planning Permit 848/12 was issued on 27 February 2013 for buildings and works

associated with a dwelling in a Special Building Overlay. The permit has not been acted upon and has expired.

The Title

The site is made up of two titles described as follows: Certificate of Title Volume 06641 Folio 020 / Lots 1 and 2 on Title Plan 617355J. Certificate of Title Volume 03634 Folio 620 / Lot 17 on Plan of Subdivision 004352.

No covenants encumber the land.

The Title Plan of Lot 17 on Plan of Subdivision 004352 (for 729 Malvern Road) illustrates that a barrel drain traverses diagonally across the northeast corner of the allotment. This drain forms part of Melbourne Water’s Prahran Main Drain. Whilst the drain is not encumbered by an easement, Council (formerly Prahran City Council) has right to gain access to the drain through the subject lot.

Planning Controls

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

Zone

Clause 32.08 – General Residential Zone (Schedule 1)

Pursuant to Clause 32.08-6, a permit is required to construct two or more dwellings on a lot.

Clause 32.08-4 requires a minimum Garden Area of 35% for a lot of 650sqm or more. The subject site has a total area of 1434 square metres, a minimum 35% of garden area (equivalent to 501.9 square metres) is required for the proposal.

The application plans (TP800) indicate that the garden area resulted from the proposal equates to 39% of the site area (560 square metres). The proposal complies with the mandatory minimum garden area requirements.

Schedule 1 to the General Residential Zone (GRZ) set outs a maximum building height of 14.5 metres above the required minimum finished floor level for sites affected by Special Building Overlay (SBO). This site therefore allows for a maximum building height of 16.3 metres above natural ground level.

Schedule 1 also stipulates that in areas subject to the Special Building Overlay (SBO), the maximum building height may be exceeded by no more than the minimum additional building height required by the overlay provisions. Melbourne Water has advised that the applicable flood level for the property is 33.28 metres to Australian Height Datum (AHD) and required the finished floor level of a replacement building to be constructed to at least 300mm above the applicable flood level. Therefore, the maximum height of the building can rise to 14.5 metres above the required minimum finished floor level of 33.58 metres to AHD, which equates to 48.08 metres to AHD.

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The Schedule also allows that a lift overrun may exceed the abovementioned mandatory height requirements by no more than 1.2 metres.

The proposal has a maximum building height of 14.813 metres above the natural ground level, excluding the lift overrun which extends an additional 0.889 metres and the rooftop plant screen which extends an additional 1.38 metres. The proposal thereby complies with the mandatory building height limit as set out in Schedule 1 to the GRZ.

Schedule 1 also include variations to ResCode Standards as follows:Standard Requirement

Site coverage B8 Basements should not exceed 75% of the site area.Side and rear setbacks B17 For a distance of at least 5m behind the front façade of

the building fronting the street, setback new buildings (including basements) a minimum of 2 metres from at least one side boundary and at least 1m from the other side boundary up to 3.6 metres in height.Where no setback is specified, standard B17 applies.

Overlay

Clause 44.05 – Special Building Overlay (Schedule 1)

Pursuant to Clause 44.05-2, a permit is required to construct a building or construct or carry out works. Schedule 1 to the Special Building Overlay is under the jurisdiction of Melbourne Water.

Particular Provisions

Clause 52.06 – Car Parking

Pursuant to Table 1 at Clause 52.06-5, one car parking space is required to each two bedroom dwelling and two car parking spaces are required to each three or more bedroom dwelling.

The development, comprising 3 x two bedroom dwellings and 7 x three bedroom dwellings, generates a statutory car parking requirement of 17 car spaces. The subject site is located within the Principal Public Transport Network (PPTN) area and therefore no visitor car parking is required to be provided on site.

The development provides 18 car spaces in the basement car park, which exceeds the requirements of Clause 52.06.

Clause 52.34 – Bicycle Facilities

Pursuant to Clause 52.34 bicycle parking is to be provided at the following rates:

Resident spaces: In developments of four or more storeys, 1 to each 5 dwellingsVisitor spaces: In developments of four or more storeys, 1 to each 10 dwellings

The development generates a requirement for 3 spaces (2 resident spaces and 1 visitor space). The proposal provides 11 spaces, including 7 spaces in the basement car park and 4 spaces at ground floor. The proposal well exceeds the statutory requirements of Clause 52.34.

Clause 55 – Two or more dwellings on a lot and residential buildings

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Clause 55 applies to an application to construct a development of four storeys or less, excluding a basement. A development must meet all of the objectives of this clause and should meet all of the standards of this clause. A development must meet the requirements of Clause 55.

Relevant Planning Policies

Clause 15 Built Environment and HeritageClause 16.01 Residential DevelopmentClause 21.03 VisionClause 21.05 HousingClause 21.06 Built Environment and HeritageClause 21.08 InfrastructureClause 22.05 Environmentally Sustainable DevelopmentClause 22.18 Stormwater Management (Water Sensitive Urban Design) PolicyClause 22.23 Neighbourhood Character PolicyClause 53.18 Stormwater Management in Urban DevelopmentClause 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 four (4) signs on the site. The public notification of the application was completed satisfactorily.

The site is located in North Ward and objections from nine (9) different properties were received to the original proposal. The objections are summarised as follows:

The scale, form and height of the development is excessive. The development is inconsistent with neighbourhood character. Car parking and traffic. Lack of visitor parking provision. Detrimental impacts associated with waste storage/collection. Insufficient front setback. Removal of trees and insufficient landscaping provision. Impacts on existing street trees along Malvern Road. Off-site amenity impacts, overlooking, overshadowing. Overlooking. Unsightly services and plant equipment on roof. Car park and bin room exhaust will pollute the air quality of residents in the vicinity. Loss of views/daylight. Impacts of noise and disruption on adjoining medical practice. Impacts during construction. The subject site is flood prone. Demolition of existing Edwardian houses. Blockage of the rear lane with construction vehicles (Mandeville Lane). Incorrect detailing of adjoining dwelling layout on plans (8 Mandeville Lane).

A Consultative Meeting was held on 4 December 2018. The meeting was attended by Councillors Koce and Chandler, representatives of the applicant, objectors and a Council planning officer. The meeting resulted in lodgement of an amended proposal.

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On 31 May 2019, the plans were formally substituted under Section 57A of the Planning and Environment Act 1987. The key changes shown on the amended plans include, but not limiting to, the following:

Modifications to the building envelope and setbacks. Variations to floor levels and building height. Changes to the basement ramp and the crossover. Changes to the elevations, architectural expression of the building and external

materials. Consequential changes to internal layout. Renumbering the apartments.

The amended application was readvertised by sending notices to the owners and occupiers of adjoining land and all previous objectors, and by placing four (4) signs on the site. The re-notification of the application has been competed satisfactorily.

Four (4) objections were received to the amended application. Amongst the objections received, three (3) objections are further objections from the previous objectors, therefore only one (1) additional objection was received. The objections to the amended application are summarised as follows:

The development is inconsistent with neighbourhood character. Excessive scale, mass and height of the development. Excessive visual bulk when viewed from the neighbouring properties. Car parking and traffic. Loss of views/daylight. Impacts of noise and disruption on adjoining medical practice. The subject site is flood prone and increase of flooding risk to the surrounding

properties. Removal of trees and insufficient landscaping provision, including to the rear. Unreasonable overlooking and loss of privacy.

The total number of objections from different properties for this application is 10.

A second Consultative Meeting was held on 12 December 2019. The meeting was attended by Councillors Koce and Griffin, representatives of the applicant, objectors and a Council planning officer. The meeting resulted in lodgement of further revised plans.

On 27 February 2020, a further revision declaration was submitted under Section 57A of the Planning and Environment Act 1987 to substitute the plans. The plans are date stamped 20 February 2020. The key changes shown on the revised plans include, but not limiting to, the following:

Deletion of one dwelling at Level 2 which results in reduction of the total number of dwellings from 11 to 10 and subsequent renumbering of apartments.

Modifications to basement footprint and increase in the setbacks from 2.07 metres to 3.21 metres from the east boundary, from 0.9 metres to 3.24 metres from the west boundary, from 3.57 metres to 4.43 metres from the south boundary, and from 1.99 metres to 4 metres from the north boundary.

Increase in the ground floor setbacks from 7.53 metres to 8.5 metres from the south boundary, from 2.07 metres to 3.21 metres from the east boundary, and from 3 metres and 3.24 metres from the west boundary.

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Increase in the Level 1 setbacks from 5.68 metres to 6.85 metres from the south boundary, from 2.97 metres to 3.21 metres from the east boundary, and from 3 metres to 3.24 metres from the west boundary.

Increase in the Level 2 setbacks (to external walls) from 5.68 metres to 6.85 metres from the south boundary, from 6.38 metres to 6.41 metres from the east boundary, from 6.04 metres to 6.44 metres from the west boundary, and from 3.96 metres to 6.07 metres from the north boundary.

Increase in the eastern setback of the east balcony to Apartment 2.01 from 3.72 metres to 4.29 metres.

Reduction in the eastern setback of the east balcony to Apartment 2.02 (formerly Apartment 2.03) from 3.72 metres to 3.52 metres.

Reduction in the western setback of the west balcony to Apartment 2.02 (formerly Apartment 2.03) from 3.89 metres to 3.55 metres.

Increase in the western setback of the west balcony to Apartment 2.01 (formerly Apartment 2.02) from 3.89 metres to 4.3 metres.

Increase in the northern setbacks at Level 3 from 9.23 metres to 10.2 metres to external wall, and from 5.36 metres to 9 metres to balcony.

Subsequent modifications to internal layout and elevations. Relocation of services in the front setback from east of the basement ramp to west of

the basement ramp and subsequent changes to front fences by removing permeable fencing around front courtyard of Apartment G.03.

Modification to proposed crossover. Changes to rooftop plant and screen. Relocation of lift overrun and photovoltaic (solar panel) system. Addition of skylights above Level 3. Changes to landscaping scheme.

The revised plans were not readvertised as it was considered that no additional material detriment would result from the amended application.

Referrals

Urban Designer

The curved form of the building presenting to Malvern Road is supported; and, generally relates to the alignment of the earlier 4-storey development to the West at No. 715.

The rear interface appears somewhat prominent in relation to the adjoining properties to the North. To address this, a lighter material/colour scheme could be explored for the presentation of the upper-levels in this Northern part of the building.

The revised Landscape Plan is now acceptable.

Planner response: The replacement with lighter material/colour scheme on the north elevation can be addressed by way of permit conditions.

Infrastructure

No objection to the proposal subject to standard permit conditions.

Waste Management

No waste related concerns. The waste management plan in the readvertised materials is considered satisfactory.

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Planner response: A revised Waste Management Plan that accurately reflects the amended proposal will be required by way of permit conditions.

Parks

The location of the vehicle crossover matches the location of the previous non-destructive root investigation.

No landscape elements listed for the front setback will attain a height which will contribute to softening the new 14m tall built form. The street tree canopies are a significant distance above both properties, and would not hamper the establishment of large canopy trees within this site. Large trees are currently established in the front setback of both sites.

Tree Bonds required for both London Plane street trees. A detailed Tree Protection Fencing Plan for the two street trees to the southern

frontage of the site is required to be imposed in the permit condition. The plan must exclude vehicular or pedestrian access, trenching or soil excavation

within the tree protection zone without the written consent of the Responsible Authority.

Planner response: The applicant proposes an additional canopy tree with a maturity height of 10 metres within the front setback in response to the concern. As discussed in detail below, an additional large canopy tree, along with other canopy trees (four with a maturity height of 7 metres and one with a maturity height of 4 metres), will form multi-layered planting within the Malvern Road frontage. This will assist in softening the built form and filtering the view to the building when viewed from the public realm. Such landscape response is deemed to be acceptable and supported by Council’s Urban Designer. A balanced outcome is achieved in this context whilst making efficient use of the site.

Transport and Parking

The proposal now includes 18 on-site parking spaces, which still exceeds the requirements of the Planning Scheme by 1.

Design of basement ramp, including passing area, headroom clearance, sight distance triangle and ramp gradient, is considered satisfactory.

Traffic lights and stop lines are provided at the top and bottom of the ramp to manage movements in and out of the car park. The arrangement is considered acceptable.

The layout of the basement and parking area, with exception of the car space for Apartment G.03, is broadly acceptable.

The rear corner of the car space for Apartment G.03 is cut off by wall and may result in vehicle being parked overhanging the access aisle more than the allowable overhang.

The minimum gradient of the parking area shall be 1 in 200 (0.5%) for covered areas to allow for adequate drainage as per AS 2890.1 to be notated on plans.

The number of bicycle parking spaces (11 spaces) well exceeds the statutory requirements.

The wall-mounted bicycle racks cannot be adequately assessed as the mounting heights are not provided. The proposed spacing can only be accepted if the racks are staggered in height. The offset between the end space and the wall is to be increased to at least 0.5m.

The design of the horizontal bicycle rails on the ground floor for visitors is satisfactory. The proposed crossover will result in loss of one on-street parking space. As the

development has a surplus of one car space, the loss can be accepted.

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Planner response: Amended plans will be required by way of permit conditions to address the design issues of the car parking layout and bicycle parking facilities.

ESD Officer

Additional consideration is required in relation to the provision of adequate shading in order that the proposed development could reach an acceptable outcome from an environmentally sustainable design (ESD) perspective. This item can be dealt with by a condition of permit.

The remainder of the ESD comments raise a variety of technical issues in relation to the BESS rating and additional supporting information required.

Planner response: The concerns raised by ESD Officer predominantly relate to provision of shading devices and details in the Sustainability Management Plan (SMP). The development will achieve adequate daylight in living areas and bedrooms and meet Council’s best practice standards. The remaining concerns can be addressed by way of permit conditions.

Melbourne Water

Melbourne Water has no objection to the application subject to imposition of the required conditions in the permit made to issue.

Department of Transport (formerly known as VicRoads)

Department of Transport (DoT) has no objection to the application subject to imposition of the required conditions in the permit made to issue.

Key Issues and Discussion

Strategic Justification

The purpose of the General Residential Zone is to implement the Municipal Planning Strategy and Planning Policy Framework, to encourage development that respects the existing neighbourhood character, and to encourage a diversity of housing types and housing growth particularly in locations offering good access to services and transport.

The Planning Policy Framework encourages higher density residential development on sites within established urban areas close to activity centres, employment corridors and public transport. Specifically, Clause 16 of the Stonnington Planning Scheme relates to housing and encourages diversity of housing; improved housing choice; affordable housing; and well located housing in relation to activity centres, employment and public transport. In addition, local policies call for well-designed medium density housing that respects neighbourhood character, improves housing choice, makes better use of existing infrastructure and improves energy efficiency of housing. The subject site is located in proximity to the Beatty Avenue Neighbourhood Activity Centre and Toorak Railway Station. The location of the site and its proximity to public transport, services and infrastructure responds adequately to the state planning policy for increased density and infill development.

Further to this, the Strategic Framework Plan in the Municipal Strategic Statement (MSS) (Clause 21.03) identifies locations where specific outcomes are sought. In regard to redevelopment and residential intensification, Strategic Framework Plan recognises the need for increased densities across the municipality and directs specific types of development to specific areas. Clause 21.05 (Housing) in the MSS identifies the subject site

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as being within an area of ‘substantial change’ where the policy directs medium density housing and higher density housing to.

Clause 21.03-2 recognises that higher density development is directed to locations with the highest accessibility to public transport and services; being sites in and beside activity centres, beside main roads with trams and Smart buses and beside railway stations. The policy further seeks to ensure that the landscaped character of the City is retained, repaired and enhanced and canopy trees are a prevailing part of the City’s environment and that new built form is well-designed and respects the valued, traditional built form character elements of its host precinct. Similarly, Clause 21.06 also seeks to repair and reinforce the high quality landscape character of the City.

The subject site has attributes which makes it suited to being redeveloped for medium density housing. The site is located on a main road containing a tram route and is in close proximity to a Neighbourhood Activity Centre and Toorak Railway Station. The location provides an opportunity for increased housing choice offering good access to services, infrastructure and transport. In light of the substantial change area applicable to the site, it is clear that strategic direction for the site encourages some form of higher density residential development on this site, subject to a right design and landscape response.

Built Form

Neighbourhood Character

The Neighbourhood Character Policy in Clause 22.23 sets out the preferred character and design guidelines for development in different character precincts. The subject site is located in the Garden River (GR) Precinct where the statement of preferred neighbourhood character is as follows:

The Garden River (GR) character precinct comprises buildings that contribute to the Yarra River and its landscaped setting, with innovative architectural styles set among Victorian, Edwardian and Interwar dwellings and well-planted, spacious gardens. New buildings of varying styles and scales are designed to complement and respect the river environs. Consistent front and side setbacks allow for substantial planting that contributes to the tree canopy, and softens the appearance of built form. Where adjoining or visible from the Yarra, buildings address both the street and the River. Low or permeable front fences provide views of building facades and front gardens. Areas within a Residential Growth or Mixed Use Zone or within a substantial change area will accommodate more development with a more compact setting but with space for canopy trees and other vegetation and high quality, responsive design.

It is considered the proposal responds positively to the design objectives and guidelines for the Garden River precinct as follows:

The proposed development is of a contemporary design with a high architectural quality. It will present as a four storey building with a curved form of front façade and recessed upper levels to Malvern Road. The site being on a main road and within a substantial change area with a height limit of 14.5 metres above the required minimum finished floor level (given the SBO) contemplates higher density developments with a more robust built form and compact setting. Despite it being of a more robust built form and different architectural style to the older housing stocks in the area, the development reflects other examples of contemporary infill development along Malvern Road. Coupled with appropriate built form, setbacks, articulation and space for taller

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landscaping as discussed in detail below, the development is respectful of the existing, preferred and emerging neighbourhood character of the immediate area.

The development will provide an appropriate presentation to the neighbouring properties and the streetscape. A high degree of articulation has been provided in the built form and building façades through the use of horizontal and vertical elements, staggered setbacks, fenestration, balconies and building materials.

The curved form of the front building façade on Levels 1 and 2 with adequate front setbacks will provide gradual transition with the neighbouring properties along the street. This design response breaks up the mass and breath of the building and provides more articulation and visual interest to the building when viewed from the street.

The upper levels are recessive and have been designed to minimise visual bulk of the top level as presented to the adjoining residential properties and the streetscape. With increased setbacks, Level 2 is stepped back from the two storey base below at the side and rear. The top level is substantially recessed and adopts a different building material contrasting with the more traditional horizontal built form below, which allows it to visually recede. As recommended by Council’s Urban Designer, the black metal cladding could be replaced with a lighter material and/or colour scheme, along with holistic review of materiality and colour scheme, to further moderate the visual prominence of the upper levels of the building.

The mix of building materials, comprising bricks in different colours, light coloured concrete, metal cladding and clear glazing, reflects the predominant architectural detailing of the old housing stocks along the street and responds generally well with the existing and preferred neighbourhood character of the area.

The building, including the basement, is adequately setback from all property boundaries to reflect the development pattern in the surrounding area and maintain the rhythm of spacing between the neighbouring properties.

The adequate front, side and rear setbacks will allow for the establishment of deep root, in-ground large canopy tree planting and meaningful landscaping commensurate with the scale of the development. This will reinforce the suburban garden and landscaped setting around the new buildings.

The proposal introduces significant extent of soft landscaping around the building, which will complement and enhance the streetscape and landscape character in the neighbourhood.

Car parking will be fully concealed within the basement level which ensures that it is not visually dominant to the streetscape.

The proposed front fences are to be brick construction varying from approximately 1 to 2 metres in height. The lower front fences will serve as planter boxes and integrate with landscaping in the background. The higher solid front fence is compatible with other existing front fences along this section of Malvern Road and the character of the wider streetscape.

Overall, it is considered that the design adequately responds to the site constraints, the site and local context as well as the preferred and emerging character as identified in Neighbourhood Character Policy. The proposed building is of a high architectural quality and will sit comfortably within the existing and emerging streetscape.

Street Setback

The adjoining buildings to the west at 719A Malvern Road and to the east at 731 Malvern Road are setback respectively 8.94 metres and 5.65 metres from the street. Pursuant to Standard B6 of Clause 55, the recommended setback for the new building is the average of the two adjoining setbacks, which equates to 7.3 metres.

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The proposed building is setback 8.5 metres from Malvern Road at ground floor. At Levels 1 and 2, the proposed building featuring a curved front façade has varied front setbacks between 6.85 metres and 8.01 metres, achieving an average front setback of 7.34 metres. At Level 3, the building is setback 10.86 metres from the street. Whilst the cantilevering volume of Levels 1 and 2 will sit closer to the street as a result of it overhanging the ground floor level, the curved façade adopts varied and stepped front setbacks, which provide a gradual transition of front setbacks to the adjoining buildings on either side and an adequate level of articulation in the built form. The top level will also be sufficiently recessed to minimise the building bulk from oblique views. Council’s Urban Designer supports the curved form of the building with varied front setbacks, which generally relates to alignment of the apartment building further west at 715 Malvern Road.

The street setbacks proposed generally reflect the prevailing front setbacks of the wider streetscape within this section of Malvern Road. The setbacks will ensure that the new building will not dominate the streetscape of Malvern Road and allow room for canopy tree planting within the front setback and retention of significant London Plane street trees to soften the appearance of the building when viewed from the public realm.

Building Height

The proposed building varies in height across the site as a result of the fall in the land from the Malvern Road frontage to the rear boundary. At the highest point, the building will reach 14.813 metres above natural ground level and contains 5 storeys due to the requirement of raised finished floor level by Melbourne Water. As outlined in the section of ‘Planning Controls’ above, the proposed development complies with the mandatory building height limit as stipulated by Schedule 1 to the General Residential Zone (GRZ).

This section of Malvern Road is predominantly made up of single and double storey form, with exception of a part four and five storey apartment building at 715 Malvern Road. It is noted that there are also examples of three to four storey buildings further east along Malvern Road. The Zone contemplates a building up to 14.5 metres (above the minimum finished floor level as required by Melbourne Water) and Council’s Municipal Strategic Statement directs higher density housing in substantial change areas, which the subject site falls within. The proposed height is not dissimilar to the existing apartment building further west at 715 Malvern Road and other recent approvals further east along Malvern Road, which are largely three to four storeys. Despite the fall in the land resulting in the building reaching a height of 14.813 metres, the top level is setback 10.2 metres from the rear boundary and recessed from the floors below to mitigate building bulk as presented to the neighbouring properties to the north. The proposal will achieve a built form outcome that is compatible with the preferred neighbourhood character of the surrounding area and the wider Malvern Road streetscape, therefore is acceptable.

It is noted that a rooftop plant screen extends 1.38 metres above the roof parapet and a lift overrun extends 0.889 metres above the roof parapet of the building. Lift overruns that do not project above 1.2 metres above the roof parapet of the building are allowable under the building height limit of the Zone. Rooftop plant screen is not considered to be part of the overall building height and ensure that any services are adequately concealed when viewed from public realm.

Site Coverage and Permeability

Schedule 1 to the General Residential Zone varies Standard B8 and stipulates that a basement should not exceed 75% of the site area. The latest revised plans have reduced the basement footprint and the building footprint at ground floor.

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The revised proposal results in 58.2% site coverage and 61.4% basement coverage. Both the basement and ground site coverage meet the requirements of Standard B8 and the varied standard specified by Schedule 1 to the Zone. Importantly, the building including the basement has been setback a minimum 3.2 metres from all boundaries to allow for the establishment of deep root, in-ground planting and landscaping commensurate with the scale of the development.

Standard B9 recommends at least 20% site permeability. The revised design proposes a permeable area equating to 33.5% which exceeds the prescriptive requirement of the standard.

The relatively low site coverage and high permeability combined with a garden area of 39%, which exceeds the mandatory requirement of 35%, are good indicators that this proposal does not represent an overdevelopment of the site. The revised design is responsive to the site and local context. The objectives of Standards B8 and B9 are met.

Landscaping

Council’s MSS and various local policies emphasise the provision of high quality landscaping and seek to ensure that landscaping forms a key consideration of development proposals. Clause 21.06-2 (Landscape Character) seeks to ‘repair and reinforce the high quality landscape character of the City’.

Further to this, Clause 22.23 (Neighbourhood Character Policy) seeks ‘to maintain and strengthen the garden settings of buildings and the tree canopy of the neighbourhood’. The policy further encourages a design response which ‘includes planting around the perimeter of the site to strengthen the garden setting’ and provides ‘setback basements from all property boundaries to allow for in-ground planting’. The policy also defines canopy tree as ‘a tree at least 5m in height with a canopy spread of at least 6m at maturity’.

The existing site is planted with some vegetation, all of which are proposed to be removed. As none of this vegetation is considered significant, the proposed removal is not considered to be an issue.

The layout of the proposed development will allow adequate opportunities around the perimeter of the site to accommodate for canopy tree planting and meaningful landscaping commensurate with a development of this scale, without impeding stormwater flow and flood path through the site.

The revised landscape response incorporates provision of 55 new canopy trees to be planted around the perimeter of the development. Amongst them, 43 canopy trees will have a minimum maturity height of 7 metres. Compared to neighbouring sites, this is a significant landscape contribution to the neighbourhood. Whilst the landscape response is considered positive, Council’s Arborist has raised concerns with the extensive hardstand and the inadequate extent of canopy trees within the front setback to soften the proposed development. In response, the applicant proposes an additional canopy tree, Acer ‘Crimson King’ with a maturity height of 10 metres and a canopy width of 5 metres, to the north of the service cabinets within the front setback of Apartment G.03. The additional canopy tree will complement other canopy trees (four trees with a maturity height of 7 metres and one with a maturity of 4 metres) and lower level planting proposed within the front setback of the Malvern Road frontage to effectively form a multi-layered landscape response to soften the built form and filter view to the building when viewed from public realm. This landscape response will complement the streetscape and the landscape character of the immediate area.

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A balanced outcome is achieved between making efficient use of the land whilst providing a sympathetic landscape response to the neighbourhood. The additional canopy tree within the front setback can be dealt with by way of permit conditions.

Equally, the landscaping proposed along the side and rear boundaries is commensurate with the scale of the development. This will soften the bulk of the building, improve the outlook and enhance the interfaces with the adjoining properties.

The development has been designed in a way to minimise impact to the adjacent street trees and existing trees on the neighbouring properties. A non-destructive root investigation has been carried out to ensure the street trees will not be impacted by the crossover construction. A tree management plan will be required by way of permit conditions to ensure the significant street trees and the trees on the neighbouring properties will be protected during construction of the development. A tree protection deed will be required as security against a failure of protecting the health of the two street trees in front of the subject site. This will form part of the conditions of any approval.

Subject to permit conditions, the landscape response will enhance the garden character of the area and ensure a high standard of landscape integration is achieved.

Access

The vehicle access is to be provided via a new double width crossover of 6.1 metres wide. It occupies approximately 19.45% of the street frontage, which is well below the maximum 33% allowed in Standard B14. The location and design of the proposed crossover is supported by VicRoads and Council’s Transport and Parking Unit and Parks Unit. The proposed crossover is acceptable.

Parking Location

On-site car parking is provided in basement and is secure and well ventilated. Each floor will have direct access to the basement car park internally via a lift to cater for those with limited mobility. The ground floor habitable room windows have been positioned to avoid direct abuttal with basement ramp. The upper level habitable room windows and balconies located above basement ramp will have sufficient sill height to comply with the requirements of Standard B15. Overall the objectives of Standard B15 are met.

Amenity Impacts

Side and Rear Setbacks

The development has been designed to protect the amenity of the adjoining properties. This is evident through the generous setbacks provided to the side and rear boundaries.

To the west, a minimum setback of 3.24 metres is proposed at the ground floor and Level 1. The building then steps back respectively to 6.44 metres at Level 2 and 8.81 metres at Level 3. To the east, a minimum setback of 3.21 metres is proposed at the ground floor and Level 1. Similar to the west elevation, the building also steps back respectively to 6.41 metres at Level 2 and 8.9 metres at Level 3. Side balconies at Levels 2 and 3 are encroached within the proposed side setbacks.

The eastern and western external walls have been designed to fit within the Standard B17 envelope. The only aspects of the development that protrude beyond the Standard B17 envelope to the east and west are confined to the roof parapet of Level 3 and the balustrades to the balconies at Levels 2 and 3.

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The encroachments of balcony balustrades into the recommended setbacks of Standard B17 vary in the order of 0.3 metres and 1.1 metres across the development due to the slope in the land. Similarly, the encroachment of roof parapets into Standard B17 envelope vary between 0.3 and 0.9 metres.

The development interfaces with two properties, 719A Malvern Road and 8 Mandeville Lane, to the west. Number 719A Malvern Road contains two habitable room windows and secluded private open space area interfaced with the proposed building whilst 8 Mandeville Lane has its secluded private open space interfaced with the proposed building. The setbacks of the basement, ground floor and Level 1 will allow adequate room for substantial canopy tree planting along the common boundary, to which will assist in mitigate the visual bulk of the building and improve the outlook to this interface. Nevertheless, given the visual domination of such tall and large building, the encroachment of balcony balustrades and roof parapets into the side setbacks at Levels 2 and 3 will create unreasonable visual bulk when viewed from the abutting small secluded private open spaces and unreasonably impact the outlook from the existing habitable room windows interfaced with the proposed development. Additional setbacks are required to visually recess the built form as presented to the adjoining properties, particularly to the small secluded private open spaces opposite. Conditions will be imposed in the permit requiring full compliance with Standard B17 for the west elevation at Levels 2 and 3. Given the large floor plates and generous size of the apartments, compliance with Standard B17 could be achieved without significant design changes.

The proposed setbacks to the west boundary fully comply with Standard B19 and will not result in unacceptable loss of daylight to the existing habitable room windows opposite.

The property located further west at 719 Malvern Road does not have a direct interface with the subject site. The proposed development will not cast additional shadows over the secluded private open space of this property, nor pose unreasonable visual bulk when viewed from the secluded private open space.

To the east at 731 Malvern Road, the development interfaces with an existing building which is currently used as a medical centre. The entire east elevation will sit opposite multiple existing windows of the medical centre building and private open space at the rear. The encroachment of balcony balustrades and roof parapets into these side setbacks are considered minor and will not create unreasonable visual bulk and impact outlook when viewed from the neighbouring windows. The curved shape around the northeast end of the building will mitigate the visual bulk when viewed from the private open space at the rear. The generous side setbacks, with a minimum of 3 metres, will not unduly impact the daylight access to the affected windows. The proposed setbacks will provide adequate separation between buildings and space for a landscape buffer to soften the built form and minimise the amenity impact to this interface.

To the north, a minimum setback of 4 metres is proposed at the ground floor and Level 1. The building then steps back to 6 metres at Level 2 and 10.2 metres at Level 3, with encroachment of balcony. The building has been designed to largely contain within the Standard B17 envelope (measured from the rear boundary), with variations to the recommended setbacks of 0.6 metres to external walls, 2 metres to balconies and 1.6 metres to roof parapet. Given the interface with a 3 metre wide laneway, such extent of non-compliance is not considered to be unreasonable. This is evident in that the building would almost fully contain within the Standard B17 envelope if measured from the centreline of the laneway, as demonstrated in the cross-sections. Coupled with the separation with a rear laneway, the proposed rear setbacks will provide adequate separation to the neighbouring properties to the north.

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It will also provide sufficient space for canopy tree planting and meaningful landscaping, which will assist in filtering views to the building, mitigating visual bulk and providing visual relief as presented to the sensitive interfaces to the north. The rear elevation is well articulated with a curved façade, recessed built form, and the use of variety of building materials, which provides visual interest when viewed from the neighbouring properties to the north. In order to reduce the visual prominence of the north elevation as presented to the neighbouring properties to the north, a lighter material/colour scheme should apply as recommended by Council’s Urban Designer and this can be addressed by way of permit conditions. The zoning of the land contemplates more intensive developments with compact and robust built form for the site. The proposed setbacks are deemed to be adequate distance from the neighbouring secluded private open spaces to the north to ensure that the building bulk will not overwhelm or dominate these spaces. On this basis, subject to permit conditions, a balanced outcome is achieved in providing an infill development opportunity without compromising residential amenity of neighbouring dwellings.

Overshadowing

Standard B21 of Clause 55 seeks to ensure buildings do not significantly overshadow the existing secluded private open space. Where sunlight to the secluded private open space of an existing dwelling is reduced, at least 75 per cent or 40 square metres with minimum dimensions of 3 metres, whichever is the lesser area, of the secluded private open space should receive at least five (5) hours of sunlight between 9am and 3pm at the September Equinox.

The proposed development will cast additional shadows over the secluded private open space of the adjoining properties to the west at 719A Malvern Road and 8 Mandeville Lane in the morning and to the east at 731 Malvern Road in the afternoon.

The shadow diagrams submitted illustrate that the proposed development will cast additional shadows over the secluded private open space to the west at 719A Malvern Road between 9am and 11am. The affected secluded private space has an area of 51.47 square metres. At 9am, approximately 13.1 square metres of the secluded private open space will be unshadowed. At 10am, the shadow casts will be significantly reduced, leaving 39.84 square metres of the space unshadowed. At 11am, the unshadowed space will be increased to 48.69 square metres. After 12 noon, the proposed development will not cast additional shadows over this secluded private open space. The extent of additional overshadowing complies with Standard B21 in that at least 75 per cent of the secluded private open space, which equates to 38.6 square metres, will receive 5 hours of sunlight between 10am and 3pm.

With regard to overshadowing over the secluded private open space to the west at 8 Mandeville Lane, there will be some additional shadow cast at 11am. Between 9am and 11am, the proposed development will not cast additional shadows beyond what currently exists to the secluded private open space to the west. By 12 noon, there will be no additional shadow casts to the west. The additional shadows at 11am, which are largely resulted by the proposed boundary fence, fall predominantly along the fenceline and beyond the main secluded private open space. The overshadowing impact is relatively minor and will not unreasonably affect solar access to the secluded private open space to the west.

In the middle of the day, shadows will fall over Malvern Road and the site itself.

In the afternoon between 1pm and 3pm, the development will cast additional shadows over the adjoining property to the east at 731 Malvern Road. The majority of shadow casts will fall over the existing building and the front setback.

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Whilst the sunlight to the open space at the rear will be slightly reduced as a result of the proposed development, the extent of overshadowing is not considered to be unreasonable. The proposed development has been carefully sited and designed to avoid additional shadow casts over the neighbouring open space to the east. The additional shadow casts are resulted by the proposed boundary fence as opposed to the new building. Consideration has been given to that the adjoining property to the east is used as a medical centre rather than a residential dwelling.

Overall, the extent of overshadowing to the adjoining properties is largely within the parameters allowed in Standard B21. There will be no unreasonable overshadowing to the adjoining properties as a result of this development. The overshading objective of Standard B21 is met.

Overlooking

With regard to overlooking, Standard B22 specifies that any new windows or balconies with an outlook to a sensitive interface within a horizontal distance of 9 metres (measured at ground level) to be screened to a height of 1.7 metres above finished floor level.

The plans submitted depict that new permeable boundary fences of 1.7 metres above the finished floor level of ground floor are proposed on the side and rear boundaries. The fence height is sufficient to limit overlooking from the ground floor apartments and courtyards into the abutting habitable room windows and secluded private open spaces. However, the opening of the fences will be restricted to a maximum of 50 percent as required by Melbourne Water to allow for passage of floodwaters and overland flow. A condition will be imposed in any permit made to issue requiring the battens to be angled in a way to meet the requirements of Melbourne Water whilst also achieving a maximum 25 percent of transparency to limit overlooking to the adjoining properties in accordance with Standard B22. Alternatively, the style of boundary fences could be altered to paling construction, which is permissible in Melbourne Water’s conditions, and is an appropriate mean to limit unreasonable overlooking to the adjoining properties.

At Level 1, habitable room windows and balconies on the east and west elevations are to be screened with fixed privacy screen with a maximum 25 percent of transparency to 1.7 metres above finished floor level. Similarly, master bedroom windows of Apartments 1.01 and 1.02 are to be treated as a same manner as the habitable room windows to the east and west. The screening measure of fixed privacy screen complies with Standard B22 and will limit overlooking into the neighbouring secluded private open spaces and habitable room windows to the east, west and north. To ensure consistency across drawings, condition will be imposed in the permit requiring all elevations to show the type and materiality of screening and the height of screening to be clearly dimensioned at no less than 1.7 metres to correspond with floor plans. A cross-section showing details and transparency of privacy screen will also be required by way of permit conditions to demonstrate full compliance with Standard B22 of Clause 55.04-6.

The north elevation does not specify the height of balcony balustrades to Apartments 1.01 and 1.02 and the sill height of the north facing study window to Apartment 1.02 and the north facing dining window to Apartment 1.01. Conditions will be imposed in the permit requiring demonstrated compliance with Standard B22 of Clause 55.04-6.

At Level 2, with exception of balcony areas outside study, kitchen and butlers of Apartment 2.02, balconies on the eastern and western sides are to be screened with fixed privacy screen to 1.7 metres above finished floor level, which is compliant with Standard B22.

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However, the balcony areas outside study, kitchen and butlers of Apartment 2.02 will overlook the neighbouring properties to the east and west, and the privacy screens will need to be extended in length to address overlooking potential. The balustrade to the western edge of the northern balcony of Apartment 2.01 is insufficient to limit overlooking into the adjoining properties to the west in accordance with Standard B22. A permit condition will be imposed in the permit requiring demonstrated compliance with Standard B22.

Downward views from the north balcony, butlers and master bedroom of Apartment 2.01 into the neighbouring properties to the north have been adequately limited by the planter box as demonstrated in the overlooking diagrams and sections, and therefore raises no unreasonable overlooking issue. Condition will be imposed in the permit requiring the height of the planter boxes to be specified in the elevations, cross sections and overlooking sections to ensure consistency across drawings.

Similar to Level 2, balconies on the eastern and western sides at Level 3 are to be screened with fixed privacy screen to 1.7 metres above finished floor level, which is compliant with Standard B22 and will adequately limit overlooking to the east and west. As demonstrated in the overlooking diagrams and sections, downward views from the northern balcony of Apartment 3.01 will fall over Mandeville Lane and outside the secluded private open space areas to the north. There will be no unreasonable overlooking potential to the neighbouring properties to the north (5, 7 and 9 Mandeville Crescent) in accordance with Standard B22 and therefore no screening measure is required.

Habitable room windows and balconies on the south side of the building do not need to be screened in accordance with Standard B22, as they are orientated to front onto Malvern Road with no existing secluded private open spaces.

The development has been designed to generally limit internal overlooking between the apartments. Internal fences are proposed separating individual courtyards at ground floor and balconies at Level 2 to limit internal overlooking. A condition will be imposed in the permit requiring design details and permeability of internal fences to demonstrate compliance with Standard B23. Subject to appropriate permit conditions, the objectives of Standard B23 are achieved.

Noise Impacts

The proposed apartment building is not expected to generate noise above and beyond that normally associated with a residential development. The new accessway to the basement has been positioned at the centre of development and recessed from all side boundaries. This arrangement will minimise any disruption to the neighbouring properties and ensure it will not result in any unreasonable noise impacts.

The subject site is located approximately 70 metres from the centre of railway track of the Cranbourne/ Pakenham/ Frankston railway lines, which is defined as a noise influence area in Standard B40. Standard B40 requires buildings within a noise influence area should be designed and constructed to achieve the specified noise level requirements. An acoustic report has been submitted to demonstrate that adequate noise attenuation measures, including glazing system, roof construction, external wall and acoustically treated ventilation openings, could be put in place to minimise the noise impact from rail corridor. Conditions will be imposed in the permit requiring the submission of a revised acoustic report to assess the latest apartment layout and subsequent implementation of the recommended noise attenuation measures. Subject to appropriate permit conditions, it is satisfied that the development has been adequately designed to achieve the objective of Standard B40.

Internal Amenity

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The development will have a clear sense of address, identifiable by way of a landscaped pedestrian path located centrally to the Malvern Road frontage leading to a foyer. The provision of individual entry to the front ground floor apartments from the street will further assist in promoting a sense of personal address. Pedestrian movements are not promoted within the rear laneway. The lift area at ground floor and Level 1 has external windows to allow access to natural light. Overall, the building entry and internal circulation area satisfy the objectives of Standards B12 and B42 of Clause 55.

The new dwellings will be provided a good level internal amenity. The apartments are large with internal areas between 139 and 300 square metres and a functional layout. The apartments will also be provided with ample internal storage areas including walk-in-robes, wardrobes and built in cupboards within each dwelling as well as an external storage, ranging between 5 and 13 cubic metres, at the basement level. The internal storage areas within apartments vary between 25.6 and 113.4 cubic metres per dwelling. To ensure full compliance with Standard B44 (Storage objective), a condition will be imposed in the permit requiring the smallest 5 cubic metres external stores to be allocated to two-bedroom dwelling. Subject to permit conditions, the development will exceed the requirements as required in Standard B44.

Standard B41 seeks to ensure the design of dwellings meet the needs of people with limited mobility. The pedestrian entry to the building is appropriately graded to allow easy access for people with limited mobility. The development includes a lift in the central lobby area to access all levels of the building. In terms of internal apartment layout, the applicant has submitted that Apartments G01, G02, 201, 202 and 301 are compliant with Standard B41. However, there is insufficient information and dimensions on the plans to establish if door openings and an adaptable bathroom have been designed to comply with Standard B41. Given the generous size of the dwellings, there is no obvious impediment to hinder compliance with this standard. A condition will be imposed in the permit requiring demonstration of compliance of internal apartment layout with Standard B41. Subject to permit condition, it is considered that the objective of Standard B41 is met.

As a result of the increased setbacks from the boundaries as shown in the revised plans, the apartments have been reconfigured, resulting in layouts that improve daylight access. All dwellings will now receive adequate access to daylight to all habitable rooms. All living areas are dual aspects providing ample daylight and cross ventilation. All single aspect habitable rooms have a floor to ceiling height of 2.9 metres and a room depth that comfortably complies with the numeric requirements of Standard B47.

All apartments are provided areas of private open space in the form of a courtyard or balcony with direct access from a living room. The courtyards at ground floor level vary between 101 and 229 square metres with a minimum width of 3.2 metres. These meet the quantitative requirements of Standard B28. The upper level balconies range from 7 to 126 square metres. With exception of Apartment 1.01, all upper level balconies have a minimum internal depth of 2.49 metres, which exceed the minimum depth required by Standard B43. The balconies to Apartments 1.03 and 1.04 are 7 square metres in size and fall short of the minimum requirements of 8 square metres for 2-bedroom dwelling in Standard B43.The shortfall of 1 square metre can easily be rectified without significant design change, given the generous size and floor layout of the dwellings. Subject to permit conditions, all private open spaces would have adequate dimensions and acceptable solar access to meet the recreation and service needs of future residents.

Site Services

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The development provides for adequate space for services to be installed and maintained effectively. Site services are located externally within the front setback and internally within the foyer. Bin storage area is located at the basement level and is easily accessible by residents via lifts. The mailboxes/parcel box is proposed within the front setback and is easily accessible by the Australia Post for delivery. Service cabinets within the front setback are well integrated into the landscape design and their location are easily accessible by utility providers. The external materials of the service cabinets are not clearly annotated on the plans and this will be addressed by way of permit conditions. A condition would also be required to ensure that the cabinet doors to these facilities do not swing out onto the footpath. Subject to permit conditions, the objectives of Standard B34 could be met.

Waste Management

Adequate compliance with Standard B45 has been achieved via the provision of waste and recycling storage and collection facilities, which are conveniently accessed and located to minimise impacts on the subject site and adjoining dwellings.

The Waste Management Plan, which was accompanied with the amended application, has been referred to Council’s Waste Management Unit, who have indicated that the proposed operation of waste or recycling storage and collection is acceptable, subject to conditions placed on any permit issued. A revised waste management plan reflecting the latest revised design will be required through permit conditions. Subject to appropriate permit conditions, the proposal meets the objectives of Standard B45.

Environmentally Sustainable Development

A revised Sustainability Management Plan (SMP) and Daylight Modelling Report have been submitted in an effort to address the concerns identified by Council’s ESD Officer.

It is noted that the revised SMP and daylight modelling report have addressed most of the identified issues, particularly daylight access to the apartments. The reports demonstrate that the building has been designed to meet the objectives of the ESD Policy at Clause 22.05 and the Stormwater Management (WSUD) Policy at Clauses 22.18 and 53.18, and Council’s best practice standards in the SDAPP policy.

The apartments have been well designed with multiple aspects and appropriate operable window openings to allow for cross natural ventilation, daylight access and outlook providing good level of on-site and internal amenity to future occupiers of the apartments. The issue of lacking adequate shading devices could be dealt with by way of permit conditions.

Subject to appropriate permit conditions, the proposed development includes features designed to achieve best practice for sustainable design, particularly in terms of Indoor Environment Quality(IEQ), daylight access, natural ventilation, shading and stormwater management, and achieves an acceptable ESD outcome.

Flooding

The subject site is encumbered by a barrel drain which traverses diagonally across the northeast corner of the site and is affected by Special Building Overlay, Schedule 1 (SBO1). The broad objectives of the SBO include the need to ensure that development: Maintains the free passage and temporary storage of floodwaters; Minimises flood damage; Is compatible with the flood hazard and local drainage conditions; and

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Will not cause any significant rise in flood level or flow velocity.

The development has been assessed against the decision guidelines of SBO and is considered appropriate and acceptable. Melbourne Water, as the determining referral authority under the SBO1, has provided conditional consent to the proposal, subject to implementation of a number of permit conditions, which include building setbacks, minimum finished floor levels within the development and the basement ramp, fence design, limitation to imported fill and landscaping design. The development, particularly the built form and the building envelope, has been adequately designed to respond the constraints of the barrel drain and fall in the land and take into account of Melbourne Water’s conditions. As such, there will not be significant design changes in satisfying Melbourne Water’s conditions at the endorsement stage. On this basis, it is satisfied that the proposal would not adversely impede the flow path of floodwater, cause any significant rise in flood level or flow velocity, nor result in unacceptable flood risk and hazard to the building itself or other developments in the surrounding area.

Car Parking and Traffic

It is proposed to provide a total of 18 car parking spaces within a basement car park accessed via Malvern Road. Within which, one car parking space is allocated to each 2-bedroom dwelling and a minimum two car parking spaces are allocated to each 3-bedroom dwelling. The development fully complies with the statutory car parking requirements of 17 spaces at Clause 52.06.

The development will not result in any adverse traffic impact to the nearby streets, the surrounding area and local road network. No concerns with traffic generation have been raised by Council’s Transport and Parking Unit and the Department of Transport (DoT).

In terms of the design of the basement car park, concerns have been raised with the design of car parking space for Apartment G.03 and the bicycle parking facilities. These minor design changes will be addressed via conditions should a permit issue. The dimensions of the basement ramp and the accessway within the car park generally comply the with design standards as specified in Clause 52.06-9 and are considered satisfactory.

The basement will be accessed via a new crossover located at the centre of the street frontage. The proposed crossover has been positioned and designed in a way to satisfy the requirements of Department of Transport whilst ensuring that the adjacent street trees will not be adversely impacted. A non-destructive root investigation confirmed that there are no significant roots to be impacted by the proposed crossover construction. Council’s Arborist is satisfied with the proposed crossover alignment, subject to the requirement of tree protection fencing plan, tree protection deed and other standard tree protection conditions. The location and design of the proposed crossover are accepted by Council’s Transport and Parking Unit and DoT and will not create unreasonable traffic and safety issues.

It is noted that whilst a new crossover is proposed, which may result in the loss of one on-street parking space along Malvern Road, the development however exceeds the statutory parking requirement of Clause 52.06 with a surplus of one car space. As such, the loss of one on-street parking space will not significantly impact the supply of on-street parking along this section of Malvern Road and is considered acceptable.

Subject to permit conditions, the proposed crossover is considered acceptable.

Objections

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

Demolition of existing Edwardian houses.

The subject site is not affected by a Heritage Overlay or a Neighbourhood Character Overlay and a planning permit is not required for demolition of building on the subject site under the current planning controls.

Unsightly services and plant equipment on roof.

The services and plant equipment on the roof have been redesigned and positioned at the centre of the development. Screening is also proposed around the rooftop plant platform to conceal views from the public realm.

Impacts during construction.

Noise and traffic impacts during construction phrase are governed by Council’s Local Laws.

Conclusion

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

The development is appropriately located on a main road and within close proximity of public transport and existing services and infrastructure to accommodate a medium density development.

The development is complementary to the existing and preferred neighbourhood character along this section of Malvern Road.

The new building will be adequately setback to avoid unreasonable loss of daylight to existing windows, excessive overshadowing, overlooking or unreasonable visual bulk in accordance with the relevant ResCode Standards.

The development provides a satisfactory landscape response, which will enhance the garden setting and landscape character of the surrounding area.

The development proposes adequate on-site car parking in accordance with Clause 52.06.

The development will not adversely impede the flow path of floodwater, cause any significant rise in flood level or flow velocity, nor result in unacceptable flood risk and hazard to the building itself or other developments in the surrounding area.

Governance Compliance

Conflicts of Interest Disclosure

No Council Officer and/or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.

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 & Responsibilities Act 2006.

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Attachments

1. 713/18 - 727-729 Malvern Road, Toorak [13.3.1 - 41 pages]

Officer Recommendation

That Council AUTHORISE Officers to issue a Notice of Decision to Grant a Planning Permit No: 713/18 for the land located at 727-729 Malvern Road Toorak under the Stonnington Planning Scheme for construction of a multi dwelling development in a General Residential Zone and Special Building Overlay and alteration of access to a Category 1 Road Zone 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, Drawing No.s: TP000, TP001A, TP001B, TP002, TP100, TP101, TP102, TP103, TP104, TP105, TP200, TP201, TP202, TP203, TP300, TP301, TP302, TP303, TP304, TP305, TP306, TP307, TP500, TP501, TP502, TP503, TP504, TP505, TP506, TP600, TP601, TP602, TP603, TP604, TP605, TP700, and TP800 (all Rev 8) with Council date stamped 20 February 2020, prepared by K2LD Architects and Interiors, but modified to show:

a) The western setbacks of Levels 2 and 3 (including balcony balustrades and roof parapets) increased to comply with Standard B17 of Clause 55.04-1, and any consequential internal reconfiguration. The setbacks from any other boundaries must not be reduced.

b) The internal apartment layout of at least 50 percent of dwellings must be compliant with Standard B41 of Clause 55.07-7.

c) The internal dimensions and size of balconies to Apartments 1.03 and 1.04 must be compliant with Standard B43 of Clause 55.07-9. This must not result in the reduction of setbacks from any boundaries.

d) Detailed cross-section of side and rear boundary fences to demonstrate compliance with Standard B22 of Clause 55.04-6 and Condition 39.

e) Type, materiality and height of screening on elevations to correspond with the floor plans. All screening to limit overlooking must be clearly dimensioned at no less than 1.7 metres above finished floor level on elevations and sections.

f) Demonstrated compliance with Standard B22 of Clause 55.04-6 for the following windows or balconies:i) Dining of Apartment 1.01.ii) Study of Apartment 1.02.iii) Balcony of Apartments 1.01 and 1.02.

g) Privacy screen to balconies on the eastern and western sides at Level 2 to be extended in length to include the balcony areas outside study, kitchen and butlers of Apartment 2.02 to limit overlooking into the adjoining properties to the east and west.

h) Detailed cross-section showing details and transparency of privacy screen and demonstrated full compliance with Standard B22 of Clause 55.04-6.

i) Screening measure to the western edge of the northern balcony of Apartment 2.01 to limit overlooking to the adjoining properties in accordance with Standard B22 of Clause 55.04-6. Alternatively, overlooking diagram/section must be provided to demonstrate compliance with Standard B22 of Clause 55.04-6.

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j) Height of planter boxes outside the north balcony, butlers and master bedroom of Apartment 2.01 to be shown on elevations, sections and overlooking sections.

k) Details and transparency of internal fences separating each courtyard at ground floor and balcony at Level 2. The internal fences must be designed to comply with Standard B23 of Clause 55.04-7.

l) Type and operability of all windows.m) External materials and height of front fences within 3 metres of the front

boundary. The height of front fences must not exceed 2 metres.n) Details, including external materials, colours and finishes, of service

cabinets within the front setback.o) Service cabinet doors not to swing out onto the footpath.p) Allocation of Store Numbers 6 and 7 to two-bedroom dwellings.q) Relocating car parking space to Apartment G.03 westward so that the

entire car space will have a minimum length of 4.9 metres, and any consequential reconfigurations of internal layout.

r) A minimum grade of 1 in 200 (0.5%) across parking areas to allow for adequate drainage as per AS 2890.1.

s) Design details and dimensions of bicycle parking facilities (including rack spacing and height) in accordance with the Australian Standards. A minimum 0.5 metres of offset must be provided between the end space and the adjacent wall to the satisfaction of the Responsible Authority. Consequential reconfiguration of internal layout is permitted to achieve this condition.

t) External shading devices as required by Condition 3(f).u) Replacement of the black metal cladding with a lighter material and/or

colour scheme, and any consequential changes to other materiality and colour scheme as necessary, to reduce visual prominence of the upper levels to the satisfaction of the Responsible Authority.

v) A schedule of proposed external materials (including roof materials), colours and finishes of all buildings and fencing (including colour swatches).

w) All external materials to be notated on elevations and corresponded with the materials and finishes schedule required by Condition 1(v).

x) All sustainable design measures recommended in the Sustainability Management Plan (SMP).

y) All noise attenuation measures recommended in the acoustic report as required by Condition 8.

z) Any changes as required by Conditions 3 (SMP), 5 (WSUD response), 7 (WMP), 8 (Acoustic Report), 10 (Landscape Plan), and 13 (TMP).

aa) Any changes as required by Conditions 32 – 51 (inclusive) (Melbourne Water conditions).

All to the satisfaction of the Responsible Authority.

2. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason, without the prior written consent of the Responsible Authority.

3. Concurrent with the endorsement of any plans, a Sustainability Management Plan (SMP) must be submitted to and approved by the Responsible Authority. Upon approval the SMP will be endorsed as part of the planning permit and the development must incorporate the sustainable design initiatives outlined in the SMP to the satisfaction of the Responsible Authority. Amendments to the SMP

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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 addressed.

b) Identify relevant statutory obligations, strategic or other documented sustainability targets or performance standards.

c) 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) External shading devices, or an alternative shading method along the north, east and west elevations to be incorporated into the design to minimise solar heat gains to the satisfaction of the Responsible Authority.

g) An average energy rating of 6.5 stars in accordance with Council’s best practice of the SDAPP policy.

h) Preliminary NatHER certificates.

All proposed design initiatives included within the SMP must also be indicated on the plans submitted under Condition 1 to the satisfaction of the Responsible Authority.

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

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

5. Concurrent with the endorsement of any plans, the applicant must provide a Water Sensitive Urban Design Response addressing the Application Requirements of the Water Sensitive Urban Design Policy to the satisfaction of the Responsible Authority. All proposed treatments included within the Water Sensitive Urban Design Response must also be indicated on the plans submitted under Condition 1.

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

7. Concurrent with the endorsement of any plans, a Waste Management Plan (WMP) must be submitted to and approved by the Responsible Authority. The WMP must be generally in accordance with the Waste Management Plan (Version F02) prepared by SALT with Council date stamped 31 May 2019, but modified to:

a) Reflect the design layout as shown on the amended plans required by Condition 1.

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All to the satisfaction of the Responsible Authority.

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

8. Concurrent with the endorsement of any plans, an acoustic report prepared by a suitably qualified acoustic engineer must be submitted to and approved by the Responsible Authority. When approved, the acoustic report will be endorsed and will then form part of the permit. The acoustic report must be generally in accordance with the Acoustic Assessment (Revision 2) prepared by Acoustic Logic with Council date stamped 31 May 2019, but modified to:

a) Reflect the design layout as shown on the amended plans required by Condition 1.

b) Demonstrate how the dwellings will be acoustically treated to achieve compliance with Standard B40 of Clause 55.07-6.

All to the satisfaction of the Responsible Authority.

9. Prior to the occupation of the development hereby approved, all noise attenuation measures recommended in the endorsed acoustic report must be incorporated to the satisfaction of the Responsible Authority.

10. Concurrent with the endorsement of any 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 and Melbourne Water. When approved, the landscape plan will be endorsed and will then form part of the permit. The landscape plan must be drawn to scale with dimensions and one (1) electronic copy must be provided. The landscape plan must be generally in accordance with the landscape plan (Revision P-24) prepared by Paul Bangay with Council date stamped 3 February 2020, but modified to show:

a) Any changes as required by Condition 1.b) Any changes as required by Condition 43 (Melbourne Water’s condition).c) A survey (including botanical names) of all existing vegetation to be

retained and/or removed.d) Buildings and trees (including botanical names) on neighbouring

properties within three metres of the boundary.e) Details of surface finishes of pathways and driveways.f) A planting schedule of all proposed trees, shrubs and ground covers,

including botanical names, common names, species if they are native or exotic, pot sizes, sizes at maturity, and quantities of each plant.

g) The extent of any cut, fill, embankments or retaining walls associated with the landscape treatment of the site.

h) Landscaping and planting within all open areas of the site.i) Details of planter boxes.j) Details of all proposed hard surface materials including pathways, patio or

decked areas.k) Details of irrigation systems.l) Provision of one (1) Acer ‘Crimson King’ to the north of the service

cabinets within the front setback of Apartment G.03. The canopy tree must have a height of 10 metres and a canopy width of 5 metres at its maturity.

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All to the satisfaction of the Responsible Authority.

11. 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.

12. Prior to the endorsement of plans and prior to any development commencing on the site (including demolition and excavation whether or not a planning permit is required), the owner/ developer must enter into a Deed with the Responsible Authority and provide it with a bank guarantee of $26,357 as security against a failure to protect the health of two street trees (labelled as Trees 1 and 2 – Platanus x acerifolia (London Plane)) within the naturestrip of Malvern Road to be retained. The applicant must meet all costs associated with drafting and execution of the Deed, including those incurred by the responsible authority. Once a period of 12 months has lapsed following the completion of all works at the site the Responsible Authority may discharge the bank guarantee upon the written request of the obligor. At that time, the Responsible Authority will inspect the trees and, provided they have not been detrimentally affected, the bank guarantee will be discharged.

13. Concurrent with the endorsement of any plans, a Tree Management Plan (TMP) prepared by a suitably qualified arborist must be submitted to and approved by the Responsible Authority. When approved, the TMP will form part of this permit and all works must be done in accordance with the tree management plan (AS 4970).

The tree management plan must detail measures to protect and ensure the viability of the trees along the shared boundary with 719A Malvern Road, Toorak and two street trees (London Plane) within the naturestrip of Malvern Road.Among other things, the tree management plan must include the following information:

a) Pre-construction (including demolition) – details to include a tree protection zone, height barrier around the tree protection zone, amount and type of mulch to be placed above the tree protection zone and method of cutting any roots or branches which extend beyond the tree protection zone. A plan must be submitted detailing any tree protection fencing, where the fencing is clearly identified and dimensioned. The plan must exclude vehicular or pedestrian access, trenching or soil excavation within the tree protection zone without the written consent of the Responsible Authority.

b) During-construction – details to include watering regime during construction and method of protection of exposed roots.

c) Post-construction – details to include watering regime and time of final inspection when barrier can be removed and protection works and regime can cease.

Pre-construction works and any root cutting must be inspected and approved by the Responsible Authority's Parks Unit. Removal of protection works and cessation of the Tree Management Plan must be authorised by the Responsible Authority's Parks Unit.

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14. Prior to the commencement of any works (including excavation and demolition), each Tree Protection Zone nominated within the endorsed TMP must:

a) be fenced with temporary fencing in accordance with the attached specifications annotated in this permit to the satisfaction of the Responsible Authority. Fencing is to be compliant with Section 4 of AS 4970.

b) include a notice on the fence to the satisfaction of the Responsible Authority advising on the purpose of the Tree Protection Zone, the need to retain and maintain the temporary fencing and that fines will be imposed for removal or damage of the fencing and trees.

c) display signage on the fence identifying the need for approval from Council’s Parks Unit for any root cutting (prior to it occurring).

15. Concurrent with the endorsement of plans or prior to the commencement of any works at the site (including demolition and excavation whether or not a planning permit is required), whichever occurs sooner, a letter of engagement must be provided to the Responsible Authority from the project arborist selected to oversee all relevant tree protection works. The project arborist must be an appropriately experienced and qualified professional (minimum Cert IV or equivalent in experience).

16. Prior to the commencement of any works at the site (including demolition and excavation whether or not a planning permit is required), the project arborist must advise the Responsible Authority in writing that the Tree Protection Fences have been installed to their satisfaction.

17. The project arborist must maintain a log book detailing all site visits. The log book must be made available to the Responsible Authority within 24 hours of any request.

18. A copy of the tree protection zones are to be included in any contract for the construction of the site or for any other works which may impact upon the trees.

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

20. The permit holder / developer must advise Council in writing that a Certificate of Occupancy has been issued in respect to the development and that the 12 month establishment period has commenced.

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. 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.

22. Prior to an ‘Occupancy Permit’ being issued, a suitably qualified Engineer must carry out a detailed inspection of the completed stormwater drainage system

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and associated works including all water storage tanks and detention to ensure that all works have been constructed in accordance with the approved design and the relevant planning permit conditions. Certification of the completed drainage from the Engineer must be provided to Council prior to a ‘Statement of Compliance’ being issued for the subdivision.

23. The existing level of the footpath must not be altered in any way to facilitate access to the site to the satisfaction of the Responsible Authority.

24. Prior to the commencement of the development hereby approved, the permit holder must obtain approval from Council’s Building and Local Laws Department to construct or modify any vehicle crossover/s providing access to the subject site. The issue of a planning permit does not provide approval for vehicular crossovers which are outside of the title boundary.

25. Prior to the occupation of the building, any existing vehicular crossing made redundant by the development hereby permitted must be removed and reinstated as standard footpath and kerb and channel at the permit holder’s cost to the approval and satisfaction of the Responsible Authority.

26. Prior to the occupation of the building, fixed privacy screens (not adhesive film) designed to limit overlooking as required by Standard B22 of Clause 55.04-6 in accordance with the endorsed plans must be installed to the satisfaction of the Responsible Authority and maintained to the satisfaction of the Responsible Authority thereafter for the life of the building.

27. 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.

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

29. 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.

30. All plant and equipment (including air-conditioning units) shall be located or screened so as to minimise visibility from any of the surrounding footpaths and from overhead views and shall be baffled so as to minimise the emission of unreasonable noise to the environment in accordance with Section 48A of the Environment Protection Act 1970 to the satisfaction of the Responsible Authority. Ventilation systems must be designed and installed in accordance with the relevant Australian Standards.

31. 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.

MELBOURNE WATER CONDITIONS

32. The ground floor must be constructed with finished floor levels set no lower than 33.58 metres to Australian Height Datum, which is 300mm above the applicable flood level of 33.28 metres to Australian Height Datum.

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33. Any doors, windows, vents and openings to the basement car park must be a minimum of 33.58 metres to AHD which is 300mm above the applicable flood level of 33.28 metres to AHD.

34. The entry / exit driveway of the basement carpark must constructed with a flood proof apex set no lower than 33.58 metres to AHD which is 300mm above the applicable flood level of 33.28 metres to AHD.

35. The building setback from the eastern and western boundaries will be required to allow for the free flow of flood waters. These setbacks must be set at natural ground level and be free of any solid structures such as sheds, masonry fencing or water tanks.

36. The layout of the site, size and location of buildings and works must not be altered without the prior consent of Melbourne Water.

37. Prior to the issue of an Occupancy Permit, a certified survey plan showing finished floor levels (as constructed) reduced to the Australian Height Datum, must be submitted to Melbourne Water to demonstrate that the floor levels have been constructed in accordance with Melbourne Water's requirements.

38. Imported fill must be kept to a minimum on the property and only be used for the sub floor areas of the dwellings, garages and driveway ramps. No raised planter boxes must be shown in area rear to the apartments 1 & 2.

39. Any new fencing must be of an open style (minimum 50% open) or standard paling style of construction to allow for the passage of floodwaters/ overland flows.

40. All open space on site must be set at natural ground level to allow for the flow of flood waters.

41. Prior to the commencement of works, Melbourne Water requires evidence of the stormwater connection (legal point of discharge). If a new stormwater connection is required to Melbourne Water's drain, a separate application must be made using our online application process.

42. Prior to the commencement of any building and works, a detailed footing plan and sections for the development and boundary fencing must be submitted to and approved by Melbourne Water. The plans must be generally in accordance with the drawings prepared by BPA Engineering, Drawing No.s: SK01-190826[B] S04718 Part Basement Plan; SK02-190903 (B) S04718 Part Grd Flr Plan; SK03-190903(A) - Sections and Details Sheet 1; SK04-190903[A] – S04718 Sections and Details Sheet 2.

43. Ground floor landscape plan must address Melbourne Water’s Planting Near Sewers, Drains and Water Mains Guide. (Melbourne Water has issued ‘in-principle’ approval for landscape plan referenced: Drawn By: Paul Bangay The Studio; Dated: 7th November 2019; Revision: P-23; Drawing No.: 1 of 4. Note: More specific requirements will be issued under the Build Over easement application process).

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44. Prior to start of works, a Build Over agreement is required to be entered into for temporary structures within 5m of the outside edge of the Melbourne Water drain prior to Building Permit being issued (e.g. fence, driveway, landscaping);

a) Structures are to be designed as a simple pinned connection that facilitates for ease of removal within a reasonable time of <4 hrs;

b) No overhangs and eaves are permitted;c) Method for removal of the structure must not require the use of plant and

equipment such as cranes, scaffolding or elevated work platforms;d) Footings must not exceed a 600mm x 600mm square pad footing, and

maintain a minimum lateral clearance of 500mm from the outside edge of the drain;

e) Footings must be independent and self-supporting;f) Concrete driveways and any paving must not exceed 150mm in thickness;

andg) The owner shall remain responsible for both removal of the structure and

its reinstatement resulting from works by Melbourne Water, as per the Build Over agreement. Melbourne Water’s responsibility is limited to reinstating to surface level.

(The supplied plans show stairs and bbq within the easement. Both of these must meet the above requirements)

For more information please refer to: https://www.melbournewater.com.au/planning-and-building/work-or-build-near-ourassets-or-easements/check-if-assets-are-near-your-0

45. Prior to start of works, Melbourne Water’s Prahran Main Drain must be surveyed as per Melbourne Water’s Asset Proving guidelines in accordance with AS5488 –Subsurface Utility Information Classification, Information Quality B: https://www.melbournewater.com.au/planning-and-building/work-or-buildnearourassets-or-easements/check-if-assets-are-near-your-0

Note. Drawings submitted to Melbourne Water (Revision 5) have been updated with survey information but the survey has not been submitted. The survey drawing (TP001) previously submitted depicts the approximate position of the Prahran Main Drain.

46. A Pre and Post CCTV inspection of the underground drain must be carried out at the cost of the developer in accordance with WSA 05-2013 Conduit Inspection Reporting Code of Australia. (The nearest access manhole is 4811/MH023. This manhole identification is to be referenced in the CCTV). Melbourne Water access permit to this manhole will be required.

47. Prior to undertaking any works on or near Melbourne Water’s underground drain, the contractor must be in receipt of a Melbourne Water’s Permit to Work. A Permit to Work can only be issued to contractors who have undertaken Melbourne Water’s permit recipient training. This requirement is to be included as part of the general notes on the final drawings. No contractors are permitted to enter an underground drain or manhole unless in receipt of a MW Permit to Work and a current Confined Space Entry ticket is held.

48. Melbourne Water must still have unrestricted access to the underground drain at all times, during construction and after.

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49. Any works to be conducted surrounding the underground drain shall be undertaken in a manner that protects the asset (i.e. minimum vibration and loading). It is suggested that a peak particle velocity of 2mm/sec be adopted for limiting vibration in the vicinity of high risk assets (brick/masonry drains). A limit of 10mm/sec can be adopted for reinforced concrete structures subject to a structural condition assessment.

50. Any damage caused to Melbourne Water’s asset due to the development shall be paid for by the developer.

51. No services are to be installed across the drain unless approval in writing has been granted by Melbourne Water. A separate Utility Installation application will need to be submitted.

For more information please refer to: https://www.melbournewater.com.au/planning-and-building/apply-to-build-ordevelop/install-utilities-near-sewers-drains-waterways

END OF MELBOURNE WATER CONDITIONS

VICROADS CONDITIONS

52. Prior to the commencement of the use or the occupation of the buildings or works hereby approved, the access crossover and associated works generally as per DWG no: 18162 SK015, dated 13 December 2019, prepared by Salt 3 Consultants must be provided and available for use.

53. Prior to the commencement of the use or occupation of the development, 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.

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

END OF VICROADS CONDITIONS

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

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

permit.

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:

VICROADS NOTES

A. 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.

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END OF VICROADS NOTES

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

D. 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; ord) 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.

E. 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.

F. The crossover must be constructed to Council’s Standard Vehicle Crossover Guidelines unless otherwise approved by the Responsible Authority. Separate consent for crossovers is required from Council’s Building and Local Law Unit.

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:

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.

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13.4 Planning Amendment 0974/17 - 4 Paran Place, Glen Iris

Coordinator Statutory Planning: Anthony DePasqualeDirector Planning & Place: Stuart Draffin

Purpose of Report

For Council to consider a planning application for a Section 72 Amendment to the existing planning permit for the part use of the site for a bar, reduction of the car parking requirement, the construction of buildings and works, the construction and display of internally illuminated business identification signage and modification of the endorsed plans and permit conditions at 4 Paran Place, Glen Iris.

Officer Recommendation Summary

That Council authorise Officers to issue a Notice of Decision to Amend a Planning Permit subject to conditions outlined the Officer Recommendation.

Executive Summary

Applicant: UrbisWard: EastZone: Industrial 3 ZoneOverlay: Nil Neighbourhood Precinct: N/ADate Lodged: 1 November 2019Statutory Days:(as at Council Meeting date)

147

Trigger for Referral to Council: Councillor Call-UpPatron Numbers 143Cultural Heritage Plan N/ANumber of Objections: 7 Objections (from 5 different properties)Consultative Meeting: Yes– held on 30 January 2020Officer Recommendation Notice of Decision to Grant an Amended Planning Permit

Background

The Proposal

The plans that form part of the basis of Council's consideration were prepared by Splinter Society and are known Drawing No.s: A0.02-A0.04, A1.01, A1.01a, A1.02, A103, A1.06-A1.09, A2.00-A2.03, A3.00, A3.01, A4.00 and Council date stamped 3 December 2019 and A1.07 (Red Line Plan) Council date stamped 1 November 2019.

The application proposes an amendment to the existing planning permit. Key features of the proposal are:

An amendment to the permit preamble to allow: the use the site for industry (brewery) and a bar operating at separate times (the current approval allows for a brewery only); reduction of the car parking requirement (for the brewery use only); and the construction and display of internally illuminated business identification signage.

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Amend Condition 3 of the permit to change the hours of operation of the brewery to operate from 5.00am to 5.00pm Monday to Friday (instead of 7am to 7pm) with a maximum of 17 staff (same as existing) at any one time, and a maximum of two brewery staff members on the premises on a Saturday (new addition). A new part will be added to this condition relating to the bar use to permit operation between 5.30pm and 11.00pm Monday to Friday and 11.00am to 11.00pm on Saturday and Sunday with a maximum of 150 patrons and 12 staff members on the premises at any one time.

Amend Condition 8 of the permit to change the hours where loading and unloading is permitted to 7am to 5pm Monday to Friday (currently 7am to 6pm Monday to Friday), with up to a maximum of 7 movements per day (currently maximum of 5 movements per day).

Amend Condition 15 of the permit to allow waste collection between 7am – 5pm Monday to Friday (currently 7am – 8pm Monday to Saturday)

Amend Condition 16 of the permit to allow deliveries to occur from 7am to 5pm Monday to Friday (currently 7am – 10pm Monday to Saturday)

The construction of buildings and works including: o the provision off kitchen facilities and customer amenities beneath the loading

bay (191 square metres area); o provision of a bar/service area/taproom adjoining the brewing equipment with

patron seating (50 seats) and a raised taproom dining area (44 seats), a raised function dining area (20 seats) and an internal garden area (36 seats), totaling 150 seats.

o Modification of the metal cladding material on the external materials and finishes (the colour of material FO9 in the approved plans was ‘Windspray’ vertical cladding and now proposed to be ‘Night Sky’ horizontal cladding).

An amendment to the layout of the car parking plan. The current approval shows 12 car spaces within the external car park area plus 5 spaces (4 spaces in tandem) located within the building. The amendment seeks to reduce the number of external car spaces from 12 to 11 to facilitate the provision of gas services in the south-east corner of the site, and proposes a different car parking arrangement for each use, as follows:o During the daytime operation of the brewery, 11 car spaces will be available

within the external carpark area, three car spaces (two in tandem) will be available within the building and two tandem car spaces will be located within the loading bay. A total of 16 car spaces are proposed during the operation of the brewery, and currently 17 car spaces are required.

o During the evening and weekend operation of the bar, 11 car spaces will be available within the external carpark area for patron use and six tandem car spaces (for staff use only) will be located within the loading bay. A total of 17 car spaces are proposed during the operation of the bar use, and 17 spaces are required for this use.

16 on-site car spaces will be provided during the hours when the brewery is in operation and 17 car spaces will be provided during the hours when the bar is in operation. This will require a reduction of one car parking space (17 car spaces are required under the current approval) during the operation of the brewery.

The construction and display of internally illuminated business identification signage as follows:o An internally illuminated business identification sign of 2 square metres area

(0.825m width by 2.425m high) located on the south-west corner of the building extending out over the footpath and positioned a minimum of 3m above footpath level with the business name ‘Deeds Brewing’, logo and direction arrow to customer entry.

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o An internally illuminated business identification sign of 3.5 square metres in area (1.685m wide by 2.015m high in the shape of the business logo) centrally located on the Paran Place (southern) façade with the business name ‘Deeds Brewing’.

o An internally illuminated business identification sign of 2 square metres in area (0.825m width by 2.425m high) located on the eastern end of the southern building façade facing the on-site car parking area with the business name ‘Deeds Brewing’, logo and direction arrow to customer entry.

o An internally illuminated business identification sign of 3.5 square metres area (1.685m wide by 2.015m high in the shape of the business logo) located at the northern end of the Paran Place (southern) façade above the loading bay entrance with the business name ‘Deeds Brewing’.

o A business identification sign (non-illuminated) of 0.8 square metres area (0.37m wide by 2.2m high) located at the northern end of the Paran Place (southern) frontage directly above the loading bay entrance with the business logo and the word ‘Deliveries’ with a direction arrow to identify the delivery entrance.

The application proposes an amendment to permit condition numbers 3 (hours of operation), 8 (loading and unloading), 15 (waste collection) and 16 (deliveries) and modification of the endorsed plans.

The existing Red Line Plan (area where alcohol can be served and consumed) remains unchanged.

The application includes the following reports: Planning Report prepared by Urbis and dated 31 October 2019. Noise Impact Assessment prepared by Arup and dated 12 November 2019. Traffic Impact Assessment Report prepared by Transport &Traffic Solutions and dated

October 2019. Noise & Amenity Action Plan by Urbis and received by Council on 3 December 2019.

Site and Surrounds

The site is located on the eastern side of Paran Place, mid-way along the street approximately 48m north of the intersection with High Street. The site has the following significant characteristics:

The site is a generally rectangular shaped lot with a frontage to Paran Place of 93.33m, a varying depth typically around 26.5m, and an overall site area of approximately 2600 square metres. Paran Place is a cul-de-sac.

The site is relatively flat along the Paran Place frontage but has a fall of around 2m from the front (west) to the rear (east). It is currently improved by a part single /part double storey building that has been operating as a brewery since 2018 (previously used for a motor repair business). The existing building covers the majority of the site with an open car parking area at the southern end.

Paran Place is an industrially zoned area, comprising a mix of various industrial, office and storage uses. The industrial area only includes the land immediately around Paran Place, with land further to the west (along Malvern Road) and south (along High Street) zoned Commercial 1. The commercial area to the south is a small neighbourhood activity centre known as the Glen Iris Village.

The site is well served by public transport with both the Glen Iris Railway Station (Glen Waverley Train Line) and tram services (No. 6 tram) located within walking distance.

The site interfaces with the adjoining properties as follows:

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To the immediate north at 2A York Road is a large parcel of land that is currently occupied by a storage facility. This site stretches to York Road to the west and is accessible from York Road.

Land immediately to the east is the Glen Iris Railway Station, with a grassed area separating the railway line and station from the subject site. Station access from the site is available from High Street via an underpass.

The land to the south at 2 Paran Place is used for motor vehicle parts and storage. Planning application No. 1042/19 proposes the use and development of the land for offices including the construction of an eight storey building with three levels of basement accommodating 59 car parking spaces with access to the car parking is via Paran Place. A request for further information has been made by Council for this project and the information has not been submitted to Council as yet. Further south are four commercial premises fronting High Street that form part of the Glen Iris Village.

Land to the west on the opposite side of Paran Place contains a range 1 and 2 storey buildings accommodating various industrial, warehouse and manufacturing land uses. The buildings are either developed to the street or have parking areas within their frontage. A three-storey office development at 1 Paran Place is currently under construction. A caretaker’s dwelling is located above a commercial business at 13 Paran Place and Permit No. 770/01 includes a condition that limits the occupier of the caretaker’s dwelling to the owner, manager or employee of the operation conducted within the building and, if this condition is not met the use must cease to operate.

The site at 1727 Malvern Road which extends to Paran Place is developed and used as a fire station. The fire station has its primary emergency exit point onto Malvern Road with a staff entry point and fire truck return entry point being from Paran Place.

Further west beyond the properties fronting Paran Place are a mix of uses that front Malvern Road. These include a mixed use development (16 dwellings and 3 offices) at 1737 Malvern Road and an office building at 1729 - 1735 Malvern Road that is to be redeveloped as a part five, part six storey building comprising 37 apartments (Permit No. 911/14 approved by Council on 22 July 2016). Both sites are located approximately 36m from the subject site.

There are few licensed venues in the vicinity of the subject site, with one venue within 100m operating as Woodfired Kitchen at 1543-1545 High Street, Glen Iris with a Restaurant and Cafe Licence. This premises operates until 9.30pm with 45 patrons.

Four other licences are within 500m of the subject site as follows: St Kevin’’s Old Boys Football Club – Limited Licence – 1650 High Street, Glen Iris –

Licence operates to 11pm at latest (latest allowable time on Saturday from April to October 1).

St Kevin’’s Old Boys Football Club – Limited Licence – 1650 High Street, Glen Iris – Licence runs to 10pm at latest (latest allowable time Monday and Wednesday from April to August) (Note: it is unclear why there are two limited licences)

Blakes Feast – Limited Licence – 1/18 Brixton Rise, Glen Iris – Licence operates until 1am for pre-booked functions

STC South Camberwell Cricket Club – 37 Gardiner Parade, Glen Iris – Licence operates until 11pm at latest.

Previous Planning Application/s

A search of Council records indicates the following relevant planning applications/permits:

Planning Application No. 361/16 proposed the use of the site as a brewery and tavern use, proposed to operate from the premises at the same time, with 18 car parking

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spaces provided on the site to be shared between the two uses. A maximum of 350 patrons were proposed for the tavern use which would operate till 11pm. Council refused the application on the following grounds: o There would be an unreasonable level of conflict in Paran Place between

vehicles, pedestrians and customers queuing at the venue.o The number of car parking spaces is insufficient to meet the likely parking

requirements for the staff and customers of the proposed brewery and tavern uses.

o The proposed hours of operation and patrons numbers will result in unreasonable amenity impacts to the surrounding area.

o The proposal does not provide an adequate level of security for patrons leaving the premises along Paran Place and to Glen Iris Station.

o Insufficient information has been submitted in relation to preventing the discharge of offensive odours beyond the boundaries of the premises.

o The provision of patron seating is inadequate and will result in the encouragement of ‘vertical drinking’ and anti-social behaviour.

o Insufficient information has been submitted relating to the location of air conditioning units, exhaust fans, CCTV and security alarms.

Car parking was a significant issue with this application and the VCAT decision covers it extensively. VCAT concluded that a maximum of 350 patrons was unacceptable as there will be a number of occasions where there will not be sufficient car parking available in the surrounding area, and found that a maximum of 250 patrons is also unacceptable given that the use would be relying on ‘occupying most of the available on-street parking on weekdays, 80% of the available on-street parking during the day on Saturday and potentially even 63% of the available on-street parking on Saturday night and Sunday constrains the capacity of this area to develop in the way the planning scheme envisages for activity centres, even small neighbourhood activity centres such as this one.’ The VCAT decision states: ‘the tavern use is simply too large and intensive for this location that does already have a finite supply of public car parking.’

Other concerns discussed in the VCAT decision include:

o Amenity concerns arising from the proposed external beer garden and the roof terrace and the need for a number of mitigating measures to deal with patron noise including the use of barriers, acoustic screens and various forms of sound insulation.

o The scale of the tavern use ‘creates unacceptable impacts in terms of noise and parking’ and it was considered that ‘the extent of mitigation measures necessary to create an acceptable acoustic impact is indicative of a poor design element that should not be approved.’

o With regard to traffic generation, the VCAT decision noted the issues and constrains with Paran Place and stated that ‘this is not a reason to refuse this proposal as it is an existing condition that the Council needs to manage in its capacity as the road manager (for example, through speed, signage and road pavement devices).’

It is noted that at the time of the VCAT decision (2017) the car parking rate required for a tavern use (previously known as bar use) was 0.4 car spaces for each patron – this changed with the approval of VC148 in July 2018. Changes contained within this amendment included a change to the car parking rates for any uses within 400m of the Principle Public Transport Network. The car parking rate for a bar use is now 3.5 car spaces to each 100 square metres leasable floor area.

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Planning Permit 974/17 was issued on 8 January 2018 for the use of the land for industry (Brewery) with an associated wine and beer producer’s liquor licence. The permit was issued under delegation subject to a number of conditions including the following:

o Hours of operation: 7am to 7pm, Monday to Saturday o Maximum number of staff: 17o Compliance with the approved Waste Management Plan, Environmental

Sustainability Development (ESD) report, implementation of the required Water Sensitive Urban Design initiatives

o All loading and unloading activities are to be carried out by a vehicle no greater in length than a Heavy Rigid Vehicle between the hours of 7am and 6pm, Monday to Friday, with up to a maximum of five movements per day with the supervision of a staff member at all times when a commercial vehicle is reversing into the subject land from Paran Place as a spotter for the driver of the reversing vehicle in accordance with Council’s Local Laws

o Compliance with EPA conditions relating to: waste collection (7am to 8pm Monday to Saturday); deliveries (7am to 10pm Monday to Saturday); compliance with the requirements of the State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1; offensive odour discharge; the emission of dust and other air quality indicators to comply with the State Environment Protection Policy (Air Quality Management); stormwater containment.

Planning Permit No. 168/77 was issued on 10 October 1977 for the construction of buildings and works to be used for a covered workshop area. The endorsed plan shows the use of the main building on the site for manufacturing an adjoining office area, with a number of roofed areas.

Planning Permit No. TP190/72 was issued on 28 November 1972 for the purpose of erecting, constructing or carrying out buildings and works (to erect a maintenance area).

The Title

The site is described on Certificate of Title Volume 10269 Folio 270 and Volume 10269 Folio 271 and no covenants or easements affect the land.

Planning Controls

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

Zone

Clause 33.03 - Industrial 3 Zone Pursuant to Clause 33.03-1, a permit is required to use the land for a bar. Pursuant to Clause 33.03-4, a permit is required to construct a building or construct or carry out works.

Overlay

None

Particular Provisions

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Clause 52.05 - SignsPursuant to Clause 33.03-4, this zone is in Category 2 (Office and Industrial) of the sign controls. Within this category, the following signs are permitted as-of right: Business identification signs provided the total display area of all signs to each

premises must not exceed 8 sqm. This does not include a direction sign. Internally illuminated sign provided the display area does not exceed 1.5 sqm. The

sign must be more than 30 m from a residential zone or pedestrian or traffic lights.

A planning permit is required under these provisions as the size of the proposed internally illuminated signs are 11 square metres.

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 may be granted to reduce the number of car spaces required by the table included in Clause 52.06-5.

Pursuant to the table at Clause 52.06-5, ‘industry’ other than that listed in the table is associated with a car parking rate of one space per 100 square metres of net floor area (18 spaces). The original approval for the brewery noted that the subject site has been used for the purpose of industry since at least 1969 and, given that no increase in the net floor area was proposed, the 17 car spaces provided on the site (as were required for an earlier approval - Permit No. 168/77 issued 10 October 1977) was considered adequate. The current proposal seeks to reduce the car parking provision for the brewery use from 17 spaces to 16 spaces. A planning permit is required to reduce the car parking requirement.

A bar use requires the provision of 3.5 car spaces to each 100 square metres leasable floor area. This generates a car parking requirement of 17 spaces. 17 car spaces will be available on the site when the bar use is in operation.

At no point are the two uses (brewery and bar) proposed to operate at the same time.

Clause 52.27 - Liquor LicencePursuant to Clause 52.27 a permit is required to use land to sell or consume liquor if a licence is required under the Liquor Control Reform Act 1998. A permit is also required if a different licence or category of licence is required from that which is in force, the hours of trading are to be extended, the number of patrons is to be increased, or the area that liquor is allowed to be consumed or supplied is to be increased. These provisions do not apply to a licence to manufacture liquor.

Approval has already been obtained for a Wine and Beer Producer’s Liquor Licence (now known as a Producer’s Licence). A Producer's Licence authorises the supply of:

The licensee's own product to any other licensee at any time and at any place (wholesale).

The licensee's own product to the public from the licensed premises for both on- and off- premises consumption.

Any liquor, including the licensee's own product, from the licensed premises for on-premises consumption.

The licensee's own product to a person who makes an off-premises request (for example, orders by way of email, telephone, facsimile transmission, internet or other electronic communication).

The licensee's own product from an additional retail premises for consumption away from the licensed premises.

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Given that the premises already has a Producer's Licence, a planning permit is not required for the bar use under these provisions.

Clause 52.34 – Bicycle FacilitiesPursuant to Clause 52.34-1, a new use must not commence until the required bicycle facilities and associated signage has been provided on the land. There is no requirement specifically for a bar use, but a retail premises (under which a bar use is nested) requires the provision of 3 bicycle spaces. The proposal provides 4 bicycle parking spaces on site, exceeding the requirements of Clause 52.34-3 and therefore a permit is not required under these provisions.

Relevant Planning Policies

Clause 21.04 Economic DevelopmentClause 22.10 Licensed Premise Policy

Advertising

The application has been advertised pursuant to Section 52 of the Planning and Environment Act 1987 by sending notices to the owners and occupiers of adjoining land (and by placing one sign on the site). Notices were also sent to previous objectors. The public notification of the application has been completed satisfactorily.

The site is located in East Ward and seven objections from five different properties have been received. Objections raised are:

Concern with increased traffic congestion, issues with truck deliveries in the dead-end street, queuing of vehicles in the street and trying to exit onto High Street, blocking of MFB vehicles and impact on vehicle access to properties;

Inadequate car parking on the site and in the street. This will cause some patrons to park on private property;

Litter from patrons; Amenity impact from noise and light spill; The smoking area mentioned in the Noise & Amenity Action Plan appears to be in the

carpark, which is also within the “red line plan” licenced area. Will there be a limit to how many people can be in the smoking area?

Concerns that the premises will operate later than the proposed hours and with more patrons than permitted as they are not operating according to their current approval (have had at least one drinking event on the site);

Concern with groups of people hanging around after closing at 11pm; Concern that the brewery can sell alcohol for off-site consumption so patrons can carry

on drinking outside.

A Consultative Meeting was held on 30 January 2020. The meeting was attended by Councillors Klisaris, Davis and Atwell, representatives of the applicant, objectors and a Council planning officer. The meeting did not result in any changes to the plans but did result in further discussion with the applicant regarding the provision of a drop-off and pick-up taxi/ car share space. This is capable of being reflected as a condition of approval. The applicant also made a commitment to alert patrons of the public transport options available to the site on their website and advertising.

Referrals

Transport & Parking

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No objection to the proposed traffic generation within Paran Place. The brewery use will not alter significantly from what is currently occurring, and the main increase in traffic will be associated with the bar use, which is proposed to operate in the evenings and on weekends.

The Traffic Impact Assessment Report anticipates a total traffic volume of 432 vehicles per day during the week and 327 vehicles per day on the weekend, which is significantly less than the 1000 vehicles that the street could accommodate, any objection to the proposal based on traffic generation could not be sustained.

Concerns with exit movements to the single space in the lower ground level (part of the three new spaces within the brewery building), the design should be revised to relocate the space closer to the tandem spaces to allow a blind aisle extension so that motorists can exit into the carpark in a forward direction.

A condition should require that dimensions be shown on the plans for all car parking spaces and access areas, in accordance with the Planning Scheme.

A condition should require that a 300mm offset be shown between the tandem bays proposed within the existing loading bay and the adjacent wall during loading.

A condition should require that gradients in accordance with the Australian Standards requirements be shown for car spaces and access ramps.

A condition should require that during the bar operating times, two bollards should be placed within the centre of the access aisle adjoining the accessible parking space to stop access into the building.

Bicycle parking should be provided to both staff and patrons. The revised material submitted includes swept path diagrams for access to the loading

bay for a Heavy Rigid Vehicle when two vehicles are parked in tandem. Although the swept path diagrams demonstrate adequate access is achievable, it is noted that this utilises the full width of the street to the north of the loading bay access point. Currently, this is not a parking area as it provides access to properties on the south side of Paran Place, but if these properties are developed in the future, this may impact access at the site. Notwithstanding, one of the properties is the Glen Iris fire station, which requires access for large vehicles. Although it is on the other side of the street, it is expected that large vehicle access will generally be maintained in the street.

There is no objection to the proposed alterations to the operating times of loading activity.

The gradient to the ramps in the bar area for access to the toilets should be no steeper than 1:14 as per the Australian Standards

Planner CommentThe required information relating to dimensions/technical information for the car parking can be required as a condition of approval. Comments regarding the access to the three internal car spaces will be discussed in the car parking analysis section of this report.

Waste Management

No objection to the revised Waste Management Plan provided only one bin size per waste stream is used (it is proposed to use two different bin sizes for recyclables – 1100 litres and 240 litres).

Planner CommentA condition of approval will require that the Waste Management Plan be revised so that only one bin size per waste stream is used.

Community & Wellbeing

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The Noise and Amenity Action Plan provided with the application outlines a number of design and mitigation measures, which demonstrate that the proposal to incorporate a bar, in addition to the current operation as a brewery, can be considered as appropriate. Positive comments include:

The venue will have a fully functioning kitchen and food focus with sufficient seating for all of patrons.

Food will be available at all times when the tap/dining room is open with prepared meals available during standard lunch and dinner service. Outside of standard service uncooked snacks will be available. The availability of meals and a high seating ratio is generally associated with lower alcohol consumption and therefore a corresponding low risk of negative amenity impacts.

The proposed amendment to the hours of operation are for morning only and related to the brewery use. The applicant is not seeking to extend the hours of operation of the bar (including dining and tap rooms) beyond the conditions of the current license which is 11pm and as such late night amenity impacts are unlikely.

All on site operations associated with the supply of liquor are located indoors with patrons dispersed across a range of well-designed spaces within both the dining and taproom areas.

All tap/dining room staff will complete approved Responsible Service of Alcohol training and no crossover of brewery and tap room staff is planned ensuring sufficient staff available at all times during tap room operations.

The premises will not engage in any sales, promotions or marketing which encourages rapid and irresponsible alcohol consumption and decor, pricing, menu and dress code all designed to target mature and professional patrons.

Signage will be displayed at all entries and exits asking patrons to respect neighbours and leave in a quiet and orderly fashion. Queuing is not expected.

Water will be available to all patrons free of charge. The proposed maximum patron capacity of 150 is appropriate to the size and scale of

the operation. All operations associated with the venue are located indoors and the Noise & Amenity

Action Plan provided details a comprehensive range of planned noise mitigation measures.

The noise assessment undertaken also indicates that music noise associated with the site will comply with the State Environment Protection Policy (Control of Music Noise from Public Premises) No N-2 (SEPP N-2).

Proposed building works seek to make the venue more accessible to patrons with a disability and many design aspects and mitigation strategies are described which should ensure that the venue provides and promotes a positive and safe drinking environment and culture.

there are no late night outlets of any type operating in the area proposal is unlikely to add any issues or negatively impact the area.

The application is supported on the basis of the following measures being incorporated as conditions:

Noise emanating from the subject land must comply with the SEPP No. N2, to the satisfaction of the Responsible Authority.

Some type of food will be available at all times when liquor is available and the taproom and dining area is open.

Patron numbers will be limited to 150 at any one time. Hours of operation for the bar (tap and dining room) will not exceed 11pm at any time.

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All staff engaged in the service of alcohol will be required to undertake an approved Responsible Service of Alcohol course.

Signage reminding patrons to respect neighbourhood amenity and encouraging responsible/quiet patron behaviour on departure will be displayed at the entrance/exit way.

Suitable free drinking water must be available to patrons at all times. The premises will not engage in any sales, promotions or marketing which encourage

rapid and irresponsible alcohol consumption.

Planner CommentA number of the measures noted above can be included as conditions of approval as follows: compliance with SEPP No. N2; limit on patron numbers; and hours of operation.

New Condition 25 will require approval of the Noise and Amenity Action Plan, which will form part of the permit and the bar use must operate in accordance with it to Council’s satisfaction. The Noise and Amenity Action Plan includes items such as: the availability of food at all times when liquor is available and the taproom and dining area is open; staff to undertake an approved Responsible Service of Alcohol course; signage at entries and exits to remind patrons to respect neighbours; each table to be provided with water. The Noise and Amenity Action Plan clearly states that the venue is focused on the association between food/meals and the consumption of alcohol. New condition 26 will require that the bar use must operate in accordance with the endorsed Noise and Amenity Action Plan at all times.

Key Issues and Discussion

Strategic Setting

State and local polices encourage the concentration of development in and around activity centres such as the Glen Iris Village and intensifying development on sites well connected to public transport as this takes advantage of existing infrastructure.

Paran Place is one of a few areas of industrial zoned land within the Stonnington municipality. Clause 21.04-5 (Industrial uses) includes particular strategies to retain industrial properties for industrial use and encourage a balance of small scale industry and service uses in the Paran Place mixed use area. Clause 21.04-5 includes provisions to encourage appropriate industrial uses within industrial land to help address the challenges of the loss of industries which are moving out and being replaced within the municipality. Protecting existing industrial uses is an important objective.

The current proposal will retain the existing industrial use on the site (brewery) and provide a complimentary use on the land which would operate outside of the brewery hours, and would also be compatible with the small scale industry uses that are encouraged within Paran Place. This new use would also complement the existing local shops and other business in the nearby Glen Iris Village. On this basis there is strategic support for this proposal, particularly in regard to addressing the loss of industry within Stonnington.

Local policy includes particular reference that both industrial uses and licensed premises must not adversely affect more sensitive land uses and protect the amenity of the surrounding area. Consideration of the impact of bar use on surrounding land is considered in detail further in this report.

Appropriateness of Use within Industrial Zone

The subject site is located within the Industrial 3 Zone. The relevant purposes of this zone include:

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To implement the Municipal Planning Strategy and the Planning Policy Framework. To provide for industries and associated uses in specific areas where special

consideration of the nature and impacts of industrial uses is required or to avoid inter-industry conflict.

To provide a buffer between the Industrial 1 Zone or Industrial 2 Zone and local communities, which allows for industries and associated uses compatible with the nearby community.

To allow limited retail opportunities including convenience shops, small scale supermarkets and associated shops in appropriate locations.

To ensure that uses do not affect the safety and amenity of adjacent, more sensitive land uses.

The subject site is located within the Glen Iris Village Activity Centre, in an industrial land use area. It is bordered by Glen Iris Railway Station to the east and a commercial land use area to the west and south containing a mix of retail, services, offices and hospitality. The nearest residential zoned dwellings are relatively distant to the venue, located along Willis Street on the eastern side of the Glen Iris Railway Station which provides a noise buffer, and along Malvern Road to the north west on the other side of existing industrial land uses that also provide a noise buffer. There is also a caretakers dwelling within Paran Place.The proposed operation as both a brewery and bar is consistent with the zoning and land uses in the immediate area. The amended land use does not add to any existing concentration of licensed premises and will add to the diversity of food and drink premises currently available in the area.

The number of patrons will be limited to 150 so it will be moderately sized, with patrons dispersed across a range of spaces with proposed seat numbers equal to the number of patrons. All operations will be located indoors. The availability of meals and the high seating ratio is generally associated with lower alcohol consumption and therefore a low risk of negative amenity impacts.

The amended land use will not add to an existing concentration of licensed premises and may in fact add to the diversity of food and drink premises currently available in the area. The venue will not be operating in a ‘cluster’ so cumulative impacts are unlikely. It will take advantage of the extensive public transport infrastructure already available in the area, and has the capacity positively impact economic activity in this part of the municipality.

In terms of hours of operation, it is proposed that the brewery use commence operation at 5am – this is considered appropriate within the Industrial Zone, however there will be a condition included on any approval that will require that canning or bottling line operations shall not take place prior to 7.00 am as this would go into the night period restrictions of the relevant State Environment Protection Policy. The condition will allow for this to be amended if it can be demonstrated that compliance with the limits applying to the night-time period are met in accordance with State Environment Protection Policy (Control of Noise from Commerce Industry and Trade) No. N-1 (SEPP N-1).

Operation of the bar use to 11pm within this area is also considered acceptable as it must at all times be in compliance with State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2 (SEPP N-2). The playing of live music would be restricted by condition of approval to Fridays and Saturdays to 11pm, and to 9pm on Sundays and the evening before public holidays, with noise levels within the SEPP N-2 limits. The matters outlined in the Noise & Amenity Action Plan and various other new permit conditions would work to minimise adverse off-site amenity impacts. A further condition of approval would require that within three months of the commencement of the bar use, a new acoustic report

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be prepared assessing the success of the measures taken and recommending, if required, further measures which would be required to be implemented by the operator.

Clause 22.10 (Licensed Premises Policy) applies to the extension of trading hours of an existing licensed premises where a permit is also required under the provisions of Clause 52.27. As noted earlier, the provisions of Clause 52.27 do not apply to a licence to manufacture liquor. Despite this, Council is already taking into consideration matters outlined in the policy for licensed premises within the Industrial 3 Zone, being that expansion of a use is discouraged unless Council is satisfied that the use will not adversely affect the amenity of the area.

It is considered that the amendments proposed present as a moderately sized, well-designed and managed venue, unlikely to result in negative amenity impacts on the surrounding area. It is considered that the proposed use is appropriate within this industrial area.

Car Parking and Traffic

Traffic

Council’s Transport Engineer has not objected to the application based on increased traffic generation within Paran Place, stating that the brewery use will not alter significantly from what is currently occurring and the main increase in traffic will be associated with the bar use which is proposed to operate in the evenings and on weekends. This will therefore not unreasonably conflict with other uses currently operating within the street for the most part. Data provided within the Traffic Impact Assessment Report anticipates a total traffic volume of 432 vehicles per day during the week and 327 vehicles per day on the weekend, which is significantly less than the 1000 vehicles that the street could accommodate. There may be instances, when the car park fills up in the evening, that vehicles will need to exit Paran Place and look for alternative parking, but it is likely that this would be outside of the peak traffic times and not impact on the wider area.

This accords with the VCAT decision for Planning Application No. 361/16 which noted the issues and constrains with Paran Place and stated that ‘…this is not a reason to refuse this proposal’ stating that it is something that …’ the Council needs to manage in its capacity as the road manager…’.

Car Parking

The existing car parking on the site provides: An external car park with 12 car parking spaces (available for visitors use); and An internal car park with 5 car parking spaces (one accessible space and four tandem

spaces) for staff use.

There is also a separate loading bay.

The proposed amendment includes: An external car park with 11 car parking spaces (including one accessible space); An internal car park with 3 car parking spaces (two in a tandem arrangement) that will

be available while the brewery use is operating and will not be accessible during the operating times of the bar use; and

Reduction of the loading bay to accommodate:o Two tandem spaces during the brewery operating times for use by staff only;

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o Six tandem spaces during the bar operating times for use by staff only (no loading activity).

The total car parking supply during the brewery operating hours is 16 spaces, which is a reduction of one space from the existing planning approval (and two spaces less than the statutory requirement). The total parking supply during the operating hours of the bar use is 17 spaces, which meets the statutory requirement.

The Traffic Impact Assessment Report includes travel to work data for workers in the Malvern/Glen Iris area which states that 78% of people drive to work and 13% of people use public transport, with the remaining 9% using a mixture of walking, bicycle and other shared uses. As such, the Traffic Impact Assessment Report states that of the maximum 16 staff numbers anticipated 13 will drive based on this data and, based on this, the reduction in car parking provision for the brewery is acceptable. In addition, one visitor and a courier delivery (delivery anticipated to be no longer than five minutes) may be expected. Council’s Transport Engineer has commented that, given this data, the proposed parking supply for the brewery use can be accepted.

With regard to the bar use, the proposed parking supply meets the statutory requirements. The Planning Scheme does not provide a breakdown of requirements for staff and visitors. Of the proposed 17 spaces, six spaces will be allocated to staff as they are within tandem bays which are not suitable for visitor use. Council’s Transport Engineer does not have any in-principle objections to the proposed parking provision, to discourage patrons drinking alcohol from also driving to the site, and concludes that the proposed parking provision at the site can be considered acceptable.

Car Parks 1 to 7 and 9 to 11 have not been altered from the endorsed plans. Car Park 8 is proposed to be used as an accessible parking space shared area to the side of the space to facilitate its use. During brewery operating times the shared area will be used as an accessway to the three internal staff parking spaces, as the Australian Standards allow the shared area to be used for another purpose such as a vehicular aisle.

Council Officers raised the possibility of providing on-site short-term car parking for taxi/ride share vehicles picking up and dropping off patrons to the site. The applicant investigated the possibility of providing an additional car parking space within the external car park area, but this was not possible due to constraints including the minimum access requirements for the accessible car space (effectively another car space), the location of the raingarden and gas and required service areas for the brewery operation. Car space 9 adjoining the shared area next to the accessible car space has been nominated as an appropriate location for this space, and parking will be limited within this space to 5 minutes only. This space would be a short term space in the evenings and weekends only, and be used for staff parking during the weekday daytime operation of the brewery.

To compensate for the fact that an additional car space could not be accommodated within the external car park area, the applicant has offered to provide one additional staff parking space within the brewery building to be used by a staff member with a full shift who can arrive early and leave late eg manager on duty. This could be required as a condition of approval, and would mean that the total car parking supply during the operating hours when the brewery is in use would be 18 car spaces, one more than the statutory requirement.

The applicant also made a commitment to alert patrons of the public transport options to the site. This information currently exists on packaging of their products and they have advised that they will include this on their website and advertising of the bar use.

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In terms of the VCAT decision for Planning Application No. 361/16, it found that the proposed number of patrons for the tavern use (350) was excessive, and even a reduction to 250 would cause an unacceptable car parking impact to the area based on the requirement of 0.4 car spaces per patron. A key difference with the current proposal is that the brewery and the bar use will not operate concurrently and so will not need to share the on-site car parking. Also, the statutory car parking rate has changed for uses located within 400m of the Principle Public Transport Network, and the bar use requirement can now be accommodated on site.

Car Parking Design

Council’s Transport Engineer has expressed concerns with the reverse exit movements required from the single car space in the lower ground level (part of the three new spaces within the brewery building to be used by brewery staff). They have requested that the design be revised so that motorists can exit into the carpark in a forward direction. The applicant has reviewed this and has been unable to achieve adequate access to allow for this to occur. The applicant has stated that the space would be used by staff only who would exit at the end of the day, so the space would have low turnover, and they become familiar with exiting in reverse. Council’s Transport Engineer has confirmed that the recommendation to make changes for a forward exit is not based on a requirement of the Australian Standards or the Planning Scheme, but to ensure better usability of the car park.

Other outstanding comments relating to car parking design will be conditioned on any approval issued.

Amenity Impacts

Noise

The Noise Impact Assessment report submitted as part of the application identifies the nearest residential receivers at 1737 Malvern Road and 13 Paran Place. Brewing equipment occupies the lower ground level along the east to the centre of the warehouse. The taproom is proposed to occupy the western half of the lower ground level, with function spaces located on the upper ground level abutting the western facade. The report identifies that compliance with SEPP N-1 (commerce, industry and Trade) and SEPP N-2 (music noise from public premises) is required.

The report notes Victoria does not have specific regulatory requirements for assessing patron noise and, in the absence of legislation, noise limits recommended for this project are based on a recent VCAT decision for developments located in the metropolitan Melbourne area. The patron noise limit is based on existing background noise levels as well as a maximum noise limit during the most sensitive night time period. The dominant external noise sources noted were: Local and distant traffic noise in the surrounding area including High Street and

Monash Freeway. Operations from other surrounding commercial activity. Train movements and level crossings warning bells from the adjacent Glen Waverly

Line and High Street level crossing.

Noise measurements were taken to quantify the sound transmission through various components of the building façade, roof and building elements. Speakers were positioned in the location of the proposed taproom and used to generate a reverberant noise field. Speakers were set up in the lower ground taproom and a noise monitor was set up at/above roof level on Paran Place (opposite 5-7 Paran Place). Pink noise (a type of noise which has

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a well-balanced frequency and is used when measuring noise through different building fabric) and music was used to measure the sound transmission loss of various building components including the roof, the façade including glazing and ventilation, and the loading bay roller-door. The assessment found that the proposed taproom music noise was unlikely to exceed 85 dB(A).

Patron noise was assessed by modelling using a prediction methodology for a maximum of 150 patrons. The acoustic report states that the results demonstrate compliance with theSEPP N-2 noise limits and that the SEPP N-2 music noise policy and patron noise guidelines are predicted to be met for the residential receivers.

The report makes a number of recommendations as follows: Patrons shall only be allowed indoors, with the entry doors closed. Doors shall be installed with a self-closing mechanism or similar to ensure that they

are not left open. Music noise emissions shall be limited to comply with limits set by State Environment

Protection Policy (Control of Music Noise from Public Premises) No. N-2 (SEPP N-2).

In addition, based on commentary within the acoustic report, the following conditions are recommended: Canning or bottling line operations shall not take place prior to 7.00 am. This may be

amended if it can be demonstrated that compliance with the limits applying to the night-time period are met in accordance with State Environment Protection Policy (Control of Noise from Commerce Industry and Trade) No. N-1 (SEPP N-1).

These conditions will be included on any approval for the site.

Whilst a condition of approval would require compliance with SEPP N-2, there is concern with live music being played at the premises to 11pm. The applicant has put to Council that live music could be limited to only Fridays, Saturdays, Sundays and the evening before public holidays as a compromise. On balance, it is considered reasonable to permit live music on Fridays and Saturdays to 11pm, and to 9pm on Sundays, public holidays and the evening before public holidays, at all times in compliance with SEPP N-2.

Another matter not addressed in the Noise Impact Assessment report is the proposed external smoking area which is not shown on the plans but mentioned within the Noise & Amenity Action Plan as being located at the rear of the carpark. Following discussions with the applicant regarding concerns with the remote location at the rear of the carpark area and looking at alternative options, it was found that the most appropriate location would be the space at the rear of the ramp located between Car Space 11 and the bar entrance. This would ensure appropriate surveillance from bar staff/security of the premises. A condition of approval would require that the plans be amended to show the smoking area, and the Noise & Amenity Action Plan be amended to reflect this change and outline measures to ensure that no amenity impacts occur.

A further condition of approval would require that within three months of the commencement of the bar use, an acoustic report be prepared and submitted to the Responsible Authority for approval. The report would require the following:

a) acoustic testing over a busy Friday and Saturday chosen in consultation with the Responsible Authority and when live music is playing.

b) acoustic testing during the day, evening and night to ensure the predicted noise levels outlined in the Arup Noise Impact Assessment report, dated 12 November 2019, have not been exceeded.

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c) The testing must replicate the methodology of the report to ensure that the results are comparable.

The condition will require that, if the predicted noise level has been exceeded or the acoustic report identifies any additional issues with patron or music noise, the report must recommend measures to resolve these issues to a satisfactory level. The permit holder will be required to undertake any further works to resolve noise issues to a satisfactory level to the satisfaction of Council, and the works will be required to be completed within three months.

The VCAT decision for Planning Application No. 361/16 noted that the amenity concerns arising from the proposed external beer garden (65 patrons) and the roof terrace (50 patrons) required a number of mitigating measures to deal with patron noise, and found that the extent of the measures was indicative of poor design that should not be approved. The current proposal has no external patron areas except for the smoking area where alcohol will not be permitted.

Licensed Premises

The brewery currently has a Producer’s Licence encompassing manufacturing, sale and consumption, and there is an argument that the exemption in Clause 52.27 (Licensed Premises) may apply. A planning permit is required for the bar use.

The subject site is located within the Glen Iris Village Activity Centre, in an Industrial Zone and is bordered by Glen Iris Railway Station to the east and a commercial land use area to the west and south containing a mix of retail, services, offices and hospitality. The nearest residential zoned dwellings are located along Willis Street on the eastern side of the Glen Iris Railway station which provides a noise buffer, and along Malvern Road to the north west on the other side of existing industrial land uses that also provide a noise buffer.

The amended land use will not add to any concentration of licensed premises (as the brewery use already exists and it is a licensed premises) and would add to the diversity of food and drink premises available in the area. The venue will not be operating in a ‘cluster’ so cumulative impacts are unlikely. The bar use will take advantage of the extensive public transport infrastructure already available in the area, and it has the capacity positively impact on the economic activity in this part of the municipality. The number of patrons will be limited to 150 so it will be moderately sized, and patrons will be dispersed across a range of spaces within the premises, and seating numbers will equal to the number of permitted patrons. All operations will be located indoors (excluding the external smoking area which will be located beside the building entry). The availability of meals and the high seating ratio is generally associated with lower alcohol consumption and therefore a low risk of negative amenity impacts. On this basis, and subject to the conditions outlined in this report, the proposal is supported.

Advertising Signs

Within the Industrial 3 Zone, signage is considered under Category 2 of the signage provisions at Clause 52.05 and internally illuminated signage of more than 1.5 square metres requires a permit. The following comments are made regarding the decision guidelines relevant to the proposal: The site is located within an industrial area which has no environment or heritage

values, residential character. The proposed signs are appropriate within the context and would not impact negatively on the character of the area.

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The number of signs proposed, their size and location will not create visual disorder or clutter or cumulatively impact on the area given the size of the site frontage to Paran Place, the overall size of the premises and the number of signs proposed.

There will be no impact of glare and illumination on the safety of pedestrians and vehicles. The site is located a distance from traffic lights and from a main street intersection.

The size and location of the proposed signs ensures that there is no impact of illumination on the amenity of nearby residents and the amenity of the area generally.

Objections

Issues with traffic management within Paran Place is a Council responsibility. The applicant has been able to demonstrate adequate access to the loading bay with the additional car parking within that area. It is not expected that there would be blocking of MFB vehicles or any unreasonable impact on vehicle access to other properties within the street.

Council’s Transport Engineer will review on-street car parking to ensure that there is adequate signage to identify the spaces.

Concerns with patron behaviour, the smoking area noise etc have been discussed within the report and would be addressed via conditions including the Noise & Amenity Action Plan.

Any concern that the premises will operate later than the approved hours and with more patrons than permitted would be an enforcement matter for Council to pursue.

Other

The advertised plans have removed a notation from the Roof Plan (A1.04), Elevations (specifically the north-east elevation) Plan (A2.03) and Sections Plan (A3.00) regarding acoustic screening to the service platform which adjoins the railway reserve. A condition of approval will require that this notation be shown.

The Noise & Amenity Action Plan refers to Chapel Street in Section 3.6 and should be amended to correctly refer to Paran Place.

The external car park plan (all copies) amended to note the provision of gas services in the south-east corner of the site.

The previously approved Wine and Beer Producer’s Liquor Licence is now known as a Producer’s Licence. The permit preamble will be amended to show this change.

Conclusion

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

Responds well to State and local planning policies. The operation of a combined brewery and bar operating at separate times is consistent

with the zoning and the nearby land uses. Car parking has been provided as required for the bar use, with the premises

promoting the use of public transport as a preference over driving. The bar will be moderately sized with all operations located indoors (except for the

smoking area). The availability of food and seating for all patrons leads to the operation being of lower

amenity impact. The Noise & Amenity Action Plan will include measures to reduce impacts. The use will not operate in a cluster of other licensed premises so no cumulative impacts will result.

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The development would not unreasonably impact on the amenity of nearby residents, noting that the site is located within an Industrial Zone.

Any approval be subject to conditions addressing amenity and car parking concerns.

Governance Compliance

Conflicts of Interest Disclosure

No Council Officer and/or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.

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 & Responsibilities Act 2006.

Attachments

1. 975/17 - 4 Paran Place Glen Iris [13.4.1 - 26 pages]

Officer Recommendation

That Council AUTHORISE Officers to issue a Notice of Decision to Grant an Amended Planning Permit No: 974/17 for the land located at 4 Paran Place, Glen Iris under the Stonnington Planning Scheme for a Section 72 Amendment to permit the part use of the site for a bar, reduction of the car parking requirement, the construction of buildings and works, the construction and display of internally illuminated business identification signage and modification of the endorsed plans and permit conditions subject to the following conditions:

Permit preamble amended to read as follows;

Use of the land for industry (brewery) and a bar and buildings and works in anIndustrial 3 Zone, with an associated producer’s liquor licence, part reduction of the parking requirement and internally illuminated signage in accordance with the endorsed plans and subject to the following conditions:

Permit conditions amended as follows;

Condition 1 of the permit amended to read:

Before the development starts, 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 ones advertised in December 2019 but modified to show:

a) to g) Conditions Remain Unchanged and Existing Condition 1h) is amended and renumbered.

h) The dimensions for all car parking spaces and access areas to be shown in accordance with the Planning Scheme.

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i) Provide a 300mm offset between the tandem bays proposed within the existing loading bay and the adjacent wall during times when the loading bay is in use.

j) Show gradients in accordance with the Australian Standards requirements be shown for car spaces and access ramps.

k) During the bar operating times, two bollards are to be placed within the centre of the access aisle adjoining the accessible parking space to prevent parking on this space.

l) One additional staff parking space within the brewery building for use by staff when the bar use is in operation, with a notation that this space is to be used by a staff member with a full shift.

m) Bicycle parking to be available at all times to both staff and patrons.n) The gradient to the ramps in the bar area providing access to the toilets

should be no steeper than 1:14 as per the Australian Standardso) Provide swept path diagrams for access to the loading bay for a Heavy

Rigid Vehicle when two vehicles are parked in tandem. p) Include a note on all relevant plans that Car space 9 is to be used for short-

term car parking for taxi/ride share vehicles picking up and dropping off patrons during hours when the bar use is operating and that parking within this space is limited to 5 minutes. An appropriate sign is to be provided on site displaying this use and time restriction.

q) Show the location of the external smoking area at the rear of the ramp located between Car Space 11 and the bar entrance and provide a notation that no drinks are permitted in this area.

r) Plan notation that patrons shall only be allowed indoors (with the exception of the smoking area), with the entry doors closed at all times.

s) Plan notation indicating that the external doors shall be installed with a self-closing mechanism or similar to ensure that they are not left open.

t) Include the notation which has been removed from the Roof Plan (A1.04), Elevations (specifically the north-east elevation) Plan (A2.03) and Sections Plan (A3.00) regarding acoustic screening to the service platform which adjoins the railway reserve.

u) The Waste Management Plan required by Condition 4 be revised so that only one bin size per waste stream is used.

v) The Noise and Amenity Action Plan required by Condition 25.w) The Acoustic report required by Conditions 27 & 28.

All to the satisfaction of the Responsible Authority.

Condition 3 of the permit amended to read:

Without the prior written consent of the Responsible Authority:a) the brewery hereby approved must only operate between the hours of 5am

and 5pm, Monday to Friday, with a maximum number of 17 brewery staff members on the premises at any one time between Monday and Friday and a maximum of 2 brewery staff members on premises on Saturday between 7am and 11am at any one time.

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b) The bar hereby approved must only operate between the hours of 5:30pm and 11pm, Monday to Friday, and between the hours of 11am and 11pm on Saturday and Sunday, with a maximum number of 150 patrons and 12 staff members on the premises at any one time.

Condition 8 of the permit amended to read:

Unless with the prior written consent of the Responsible Authority, all loading and unloading activities are to be carried out on the subject land:

a) by a vehicle no greater in length than a Heavy Rigid Vehicle as set out in the Australian Standard, AS2890.2:2002, Table 2.1.

b) between the hours of 7am and 5pm, Monday to Friday, with up to a maximum of seven movements per day.

c) with the supervision of a staff member at all times when a commercial vehicle is reversing into the subject land from Paran Place as a spotter for the driver of the reversing vehicle.

d) in accordance with Council’s Local Laws.

Condition 15 of the permit amended to read:

Waste collection only occurs 7am – 8pm Monday to Friday.

Condition 16 of the permit amended to read:

Deliveries only occur 7am – 5pm Monday to Friday.

New permit conditions added as follows;

25. Prior to the endorsement of plans, an updated Noise and Amenity Action Plan must be submitted to and approved by the Responsible Authority. The plan must be generally in accordance with the Noise and Amenity Action Plan submitted to Council on 3 December 2019 but modified to show changes required by Conditions 29 to 34 and modified as follows: a) Remove reference to Chapel Street in section 3.6; b) Update the location of and address management of the external smoking

area;c) State that there must be no service of alcohol or drinking within the

smoking area, that it be used for smoking only. d) Include information of the public transport and other options for travel to

the site on product packaging, business website and advertising of the bar use.

e) Include management measures for the use of Car space 9 for short-term car parking for taxi/ride share vehicles picking up and dropping off patrons during hours when the bar use is operating including measures to ensure that parking within this space is limited to 5 minutes.

The approved Noise and Amenity Action Plan will form part of the permit and the bar use must operate in accordance with it to the satisfaction of the Responsible Authority

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26. The bar use must at all times operate in accordance with the endorsed Noise and Amenity Action Plan, unless with the written consent of the Responsible Authority

27. All acoustic measures proposed in the acoustic report must be incorporated and maintained to the satisfaction of the Responsible Authority.

28. Within three months of the commencement of the bar use, an acoustic report must be prepared and submitted to the Responsible Authority for approval. The report must be prepared by a suitably qualified Acoustic Engineer and contain the following:

a) The report must undertake acoustic testing over a busy Friday and Saturday chosen in consultation with the Responsible Authority and when live music is playing.

b) The report must undertake acoustic testing during the day, evening and night to ensure the predicted noise levels outlined in the Arup Noise Impact Assessment report, dated 12 November 2019, have not been exceeded.

c) The testing must replicate the methodology of the report to ensure that the results are comparable.

If the predicted noise level has been exceeded, or the acoustic report identifies any additional issues with patron or music noise, the report must recommend measures to resolve these issues to a satisfactory level. In this instance, the permit holder will be required to undertake further works to resolve noise issues to a satisfactory level to the satisfaction of the Responsible Authority. The works will be required to be completed within three months.

29. Tables and chairs must be provided and placed in position on the premises so as to be available all patrons attending the premises at any one time.

30. All windows in the premises to be closed when music is played.

31. Music noise emissions shall be limited to comply with limits set by State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2 (SEPP N-2).

32. Live music may be played at the premises on Fridays and Saturdays to 11pm, and to 9pm on Sundays, public holidays and the evening preceding public holidays (unless that day is a Friday or Saturday).

33. Car space 9 is to be used for short-term car parking for taxi/ride share vehicles picking up and dropping off patrons during hours when the bar use is operating. Parking within this space during the operation of the bar use is limited to 5 minutes.

34. Car space 9 is to be used for staff parking during the weekday daytime operation of the brewery.

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35. Prior to the commencement of the use, the car spaces hereby approved must be made available and used by customers and staff of the proposed uses at all times. The following are to be provided:

a) 16 car parking spaces during the hours when the brewery is operating; b) 18 car parking spaces during the hours when the bar use is operating;

to the satisfaction of Council

36. Canning or bottling line operations shall not take place prior to 7.00 am. This may be amended if it can be demonstrated that compliance with the limits applying to the night-time period are met in accordance with State Environment Protection Policy (Control of Noise from Commerce Industry and Trade) No. N-1 (SEPP N-1).

Condition numbers will be amended accordingly to accommodate the new conditions.

New notes added as follows:

All staff engaged in the service of alcohol will be required to undertake an approved Responsible Service of Alcohol course.

Plans to be amended as follows:

The provision of kitchen facilities and customer amenities beneath the loading bay (191 square metres area);

The provision of a bar/service area/taproom adjoining the brewing equipment with patron seating (50 seats) and an adjoining raised taproom dining area (44 seats), a raised function dining area (20 seats) and an internal garden area (36 seats), totaling 150 seats.

Modification of the metal cladding material on the external materials and finishes (the colour of material FO9 in the approved plans was ‘Windspray’ vertical cladding and now proposed to be ‘Night Sky’ horizontal cladding).

Changes to the car park layout plans. Modifications to the loading bay. Addition of signage to the south-east elevation and south-west elevations. Amendment to the layout of the car parking plans to show:

o During the daytime operation of the brewery, 11 car spaces provided within the external carpark area, three car spaces (two in tandem) provided within the building and two tandem car spaces provided within the loading bay. A total of 16 car spaces will be available during the operation of the brewery.

o During the evening and weekend operation of the bar, 11 car spaces provided within the external carpark area for patron use and six tandem car spaces provided within the loading bay for staff use. A total of 17 car spaces are provided during the operation of the bar use.

The construction and display of internally illuminated business identification signage as follows:o An internally illuminated business identification sign of 2 square metres

area (0.825m width by 2.425m height) located on the south-west corner of the building extending out over the footpath and positioned a minimum of

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3m above footpath level with the business name ‘Deeds Brewing’, logo and direction arrow to customer entry.

o An internally illuminated business identification sign of 3.5 square metres area (1.685m wide by 2.015m high in the shape of the business logo) centrally located on the Paran Place (southern) façade with the business name ‘Deeds Brewing’.

o An internally illuminated business identification sign of 2 square metres area (0.825m width by 2.425m height) located on the eastern end of the southern building façade facing the on-site car parking area with the business name ‘Deeds Brewing’, logo and direction arrow to customer entry.

o An internally illuminated business identification sign of 3.5 square metres area (1.685m wide by 2.015m high in the shape of the business logo) located at the northern end of the Paran Place (southern) façade above the loading bay entrance with the business name ‘Deeds Brewing’.

o A business identification sign (non-illuminated) of 0.8 square metres area (0.37m wide by 2.2m high) located at the northern end of the Paran Place (southern) frontage directly above the loading bay entrance with the business logo and the word ‘Deliveries’ with a direction arrow to identify the delivery entrance.

The amended permit will read as follows should it be amended:

The permit allows:

Use of the land for industry (brewery) and a bar and buildings and works in anIndustrial 3 Zone, with an associated producer’s liquor licence, part reduction of the parking requirement and internally illuminated signage in accordance with the endorsed plans and subject to the following conditions:

The following conditions apply to this permit:

1. Before the development starts, 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 ones advertised in December 2019 but modified to show:

a) Provision of sufficient sight triangles at the property boundary for the car park and loading bay vehicle crossings, or alternatively, provision of mirrors and warning lights on either side of each vehicle crossing.

b) The shared space and the wheelchair person symbol be marked on the ground for the disabled parking bay.

c) Floor levels that comply with the drainage requirement for the indoor car parking spaces.

d) Dimensions of the bicycle parking spaces in accordance with the Australian Standards.

e) Details of the mechanical vapour condensers that are to be used to draw odours from the brewing process.

f) Roof plan be updated to confirm the drainage areas that will be connected to the rainwater tanks and raingardens.

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g) Cross sections of the raingardens, showing design details such as depth and materials for each layer of the raingardens.h) The dimensions for all car parking spaces and access areas to be shown in accordance with the Planning Scheme.

h) Provide a 300mm offset between the tandem bays proposed within the existing loading bay and the adjacent wall during times when the loading bay is in use.

i) Show gradients in accordance with the Australian Standards requirements be shown for car spaces and access ramps.

j) During the bar operating times, two bollards are to be placed within the centre of the access aisle adjoining the accessible parking space to prevent parking on this space.

k) One additional staff parking space within the brewery building for use by staff when the bar use is in operation, with a notation that this space is to be used by a staff member with a full shift.

l) Bicycle parking to be available at all times to both staff and patrons.m) The gradient to the ramps in the bar area providing access to the toilets

should be no steeper than 1:14 as per the Australian Standardsn) Provide swept path diagrams for access to the loading bay for a Heavy

Rigid Vehicle when two vehicles are parked in tandem. o) Include a note on all relevant plans that Car space 9 is to be used for short-

term car parking for taxi/ride share vehicles picking up and dropping off patrons during hours when the bar use is operating and that parking within this space is limited to 5 minutes. An appropriate sign is to be provided on site displaying this use and time restriction.

p) Show the location of the external smoking area at the rear of the ramp located between Car Space 11 and the bar entrance and provide a notation that no drinks are permitted in this area.

q) Plan notation that patrons shall only be allowed indoors (with the exception of the smoking area), with the entry doors closed at all times.

r) Plan notation indicating that the external doors shall be installed with a self-closing mechanism or similar to ensure that they are not left open.

s) Include the notation which has been removed from the Roof Plan (A1.04), Elevations (specifically the north-east elevation) Plan (A2.03) and Sections Plan (A3.00) regarding acoustic screening to the service platform which adjoins the railway reserve.

t) The Waste Management Plan required by Condition 4 be revised so that only one bin size per waste stream is used.

u) The Noise and Amenity Action Plan required by Condition 25.v) The Acoustic report required by Conditions 27 & 28.

All to the satisfaction of the Responsible Authority.

2. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason (unless the Stonnington Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority.

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3. Without the prior written consent of the Responsible Authority:

a) The brewery hereby approved must only operate between the hours of 5am and 5pm, Monday to Friday, with a maximum number of 17 brewery staff members on the premises at any one time between Monday and Friday and a maximum of 2 brewery staff members on premises on Saturday between 7am and 11am at any one time.

b) The bar hereby approved must only operate between the hours of 5:30pm and 11pm, Monday to Friday, and between the hours of 11am and 11pm on Saturday and Sunday, with a maximum number of 150 patrons and 12 staff members on the premises at any one time.

4. Concurrent with the endorsement of plans, a Waste Management Plan (WMP) must be submitted to and approved by the Responsible Authority. The WMP must be generally in accordance with the one prepared by Low Impact Development Consulting (dated 12 September 2017, Council date stamped 15 September 2017) but modified to:

a) Include the option of using Council’s trade waste collection services.b) Update the ‘odour’ section to correct references to townhouse development

and residents’ responsibility.

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

5. Prior to the commencement of use, a report from the author of the Environmental Sustainability Development (ESD) assessment, 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 ESD have been implemented in accordance with the approved plan.

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

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

8. Unless with the prior written consent of the Responsible Authority, all loading and unloading activities are to be carried out on the subject land:

a) by a vehicle no greater in length than a Heavy Rigid Vehicle as set out in the Australian Standard, AS2890.2:2002, Table 2.1.

b) between the hours of 7am and 5pm, Monday to Friday, with up to a maximum of seven movements per day.

c) with the supervision of a staff member at all times when a commercial vehicle is reversing into the subject land from Paran Place as a spotter for the driver of the reversing vehicle.

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d) in accordance with Council’s Local Laws.

9. Deliveries, receivals and waste collections must adhere to the recommendations made in EPA Publication 1254 (Noise Control Guidelines), to the satisfaction of the Responsible Authority.

10. The level of the footpaths must not be lowered or altered in any way to facilitate access to the site.

11. 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.

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

13. All plant and equipment (including air-conditioning units) shall be located or screened so as not 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 Authority.

Environment Protection Authority conditions

14. Prior to any works beginning the proponent must apply for and be issued with a works approval from the Environmental Protection Authority or written confirmation that works approval is not required with respect to D09 Beverage Manufacturing.

15. Waste collection only occurs 7am – 8pm Monday to Friday.

16. Deliveries only occur 7am – 5pm Monday to Friday.

17. Track mounted refrigeration units must be inaudible in any residence 10pm – 7am Monday to Saturday and 10pm – 9am Sundays and public holidays.

18. While waiting in the loading bay all trucks and truck mounted refrigeration units are turned off.

19. Effective noise levels from the use of the premises must comply with the requirements of the State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1.

20. Nuisance dust and/or airborne particles must not be discharged beyond the boundaries of the premises.

21. All development and use of the premises involving the emission of dust and other air quality indicators must comply with the State Environment Protection Policy (Air Quality Management).

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22. Offensive odour must not be discharged beyond the boundaries of the premises.

23. Stormwater contaminated with liquid or solid waste must not be discharged beyond the boundary of the premises, unless it is collected and disposed of off-site by an EPA approved contractor or sent to sewer under a Trade Waste Agreement.

24. A secondary containment system must be provided for liquids which if spilt are likely to cause pollution or pose an environmental hazard, in accordance with the EPA Publication 347.1 (Bunding Guidelines 2015) or as amended.

End Environment Protection Authority conditions

25. Prior to the endorsement of plans, an updated Noise and Amenity Action Plan must be submitted to and approved by the Responsible Authority. The plan must be generally in accordance with the Noise and Amenity Action Plan submitted to Council on 3 December 2019 but modified to show changes required by Conditions 29 to 34 and modified as follows: a) Remove reference to Chapel Street in section 3.6; b) Update the location of and address management of the external smoking

area;c) State that there must be no service of alcohol or drinking within the

smoking area, that it be used for smoking only. d) Include information of the public transport and other options for travel to

the site on product packaging, business website and advertising of the bar use.

e) Include management measures for the use of Car space 9 for short-term car parking for taxi/ride share vehicles picking up and dropping off patrons during hours when the bar use is operating including measures to ensure that parking within this space is limited to 5 minutes.

The approved Noise and Amenity Action Plan will form part of the permit and the bar use must operate in accordance with it to the satisfaction of the Responsible Authority

26. The bar use must at all times operate in accordance with the endorsed Noise and Amenity Action Plan, unless with the written consent of the Responsible Authority

27. All acoustic measures proposed in the acoustic report must be incorporated and maintained to the satisfaction of the Responsible Authority.

28. Within three months of the commencement of the bar use, an acoustic report must be prepared and submitted to the Responsible Authority for approval. The report must be prepared by a suitably qualified Acoustic Engineer and contain the following:

a) The report must undertake acoustic testing over a busy Friday and Saturday chosen in consultation with the Responsible Authority and when live music is playing.

b) The report must undertake acoustic testing during the day, evening and night to ensure the predicted noise levels outlined in the Arup Noise

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Impact Assessment report, dated 12 November 2019, have not been exceeded.

c) The testing must replicate the methodology of the report to ensure that the results are comparable.

If the predicted noise level has been exceeded, or the acoustic report identifies any additional issues with patron or music noise, the report must recommend measures to resolve these issues to a satisfactory level. In this instance, the permit holder will be required to undertake further works to resolve noise issues to a satisfactory level to the satisfaction of the Responsible Authority. The works will be required to be completed within three months.

29. Tables and chairs must be provided and placed in position on the premises so as to be available all patrons attending the premises at any one time.

30. All windows in the premises to be closed when music is played.

31. Music noise emissions shall be limited to comply with limits set by State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2 (SEPP N-2).

32. Live music may be played at the premises on Fridays and Saturdays to 11pm, and to 9pm on Sundays and the evening preceding public holidays (unless that day is a Friday or Saturday).

33. Car space 9 is to be used for short-term car parking for taxi/ride share vehicles picking up and dropping off patrons during hours when the bar use is operating. Parking within this space during the operation of the bar use is limited to 5 minutes.

34. Car space 9 is to be used for staff parking during the weekday daytime operation of the brewery.

35. Prior to the commencement of the use, the car spaces hereby approved must be made available and used by customers and staff of the proposed uses at all times. The following are to be provided:

a) 16 car parking spaces during the hours when the brewery is operating; b) 18 car parking spaces during the hours when the bar use is operating;

to the satisfaction of Council

36. Canning or bottling line operations shall not take place prior to 7.00 am. This may be amended if it can be demonstrated that compliance with the limits applying to the night-time period are met in accordance with State Environment Protection Policy (Control of Noise from Commerce Industry and Trade) No. N-1 (SEPP N-1).

37. This permit will expire if one of the following circumstances applies: a) The development is not started within two years of the date of this permit. b) The development is not completed within four years of the date of this

permit

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c) The use is not commenced within five years of the date of this permit. d) The use is discontinued for a period of two years or more.

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

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) The crossover must be constructed to Council’s Standard Vehicle Crossover Guidelines unless otherwise approved by the Responsible Authority. Separate consent for crossovers is required from Council’s Building and Local Law Unit.

c) 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. Wi th in 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires.

d) All staff engaged in the service of alcohol will be required to undertake an approved Responsible Service of Alcohol course.

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13.5 Planning Application 0605/19 - 113-121 Chomley Street, Prahran

Coordinator Statutory Planning: Anthony DePasqualeDirector Planning & Place: Stuart Draffin

Purpose of Report

For Council to consider a planning application/amendment for construction of buildings and works associated with a residential aged care facility and display of a business identification sign in the General Residential Zone at 113-121 Chomley Street, Prahran.

Officer Recommendation Summary

That Council authorise Officers to issue a Notice of Decision to Grant a Planning Permit subject to conditions outlined in the Officer Recommendation.

Executive Summary

Applicant: Urbis Pty LtdWard: SouthZone: General Residential ZoneOverlay: N/ANeighbourhood Precinct: Inner UrbanDate Lodged: 31 July 2019Statutory Days:(as at Council Meeting date)

44

Trigger for Referral to Council: Councillor call up and number of objectionsNumber of Objections: 17Consultative Meeting: Yes – held on 27 November 2019Officer Recommendation: Notice of Decision to Grant a Planning Permit

Background

The Proposal

The plans that form part of the basis of Council's consideration were prepared by Thexton Smith and are known as Project No. 0044, Drawing No.s: TP1.01 Rev 1, TP1.02 Rev 1, TP1.03 Rev 2, TP2.04 Rev 4, TP2.05 Rev 3, TP2.07 Rev 3, TP3.04 Rev 2, TP4.01 Rev 3, TP4.02 Rev 3, TP4.03 Rev 4, TP6.01 Rev 3, TP6.02 Rev 3, TP6.03 Rev 4, TP6.04 Rev 4, TP6.05 Rev 2, TP9.00 Rev 3, TP9.01 Rev 2 all Council date stamped 20 December 2019; and TP0.01 Rev 3, TP2.01 Rev 3, TP2.02 Rev 5, TP2.03 Rev 4, TP2.06 Rev 2, TP3.01 Rev 5, TP3.02 and TP3.03 Rev 4, Council date stamped 20 January 2020.

Key features of the proposal are: Construction of alterations to the existing aged care facility to facilitate extensions for

an increased number of residents. The development will provide for a total of 83 ‘assisted living’ lodging rooms, including retention of 34 existing and 49 proposed rooms.

Construction of a double storey extension to the north side of the existing building comprising of 24 lodging rooms and sitting/multi-purpose rooms at ground level, 18

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lodging rooms and living/dining rooms at first floor, and a nurse station and utility room on each level.

A basement car park below the double storey addition with provision for 24 parking spaces, a commercial kitchen and laundry and utility areas.

Construction of a single storey extension to the south side of the existing building comprising of 7 lodging rooms.

Construction of an extension to the eastern side of the first floor of the existing building providing a staff room and administration area.

Construction of a porte-cochere to the entrance of the existing building, with a circular driveway accessed via two new single-width crossovers along the southern portion of the frontage.

Vehicle access to the basement is proposed via a new double-width crossover located centrally along the frontage.

Display of a business identification sign in front of the porte cochere with a display area of 2.4sqm (1.2m high x 2m wide).

A total of 35 new trees capable of reaching a mature height of at least 5 metres are to be planted throughout the site.

Site and Surrounds

The site is located on the western side of Chomley Street approximately 95 metres south of High Street in Prahran. The site has the following significant characteristics:

The site is irregular in shape and comprises of four primary parcels of land with a total area of approximately 3,746sqm. It has a combined frontage of 57.02m, a maximum depth along the northern boundary of 61.24m and a total rear boundary length of 65.93m.

The land has a fall of approximately 2m from the north-east to south-west. The land known as 113-115 Chomley Street is presently occupied by a predominantly

single storey building used as an aged care facility (‘Chomley House’) with 38 lodging rooms providing permanent or respite care, including 24 hour nursing care. Outbuildings and an at-grade car park with five spaces are located in the south-west corner of the site accessed via a single width crossover. Three additional parking spaces are located within the front setback of 115 Chomley Street accessed via a double width crossover, providing a total of eight (8) car parking spaces on site.

To the north of this, the lots known as 117 and 119 Chomley Street are currently vacant while 121 Chomley Street is developed with a single storey dwelling. 119 and 121 Chomley Street are each provided with a single width crossover for vehicle access.

The site contains two mature trees in the north-west corner behind the existing dwelling and there is no significant vegetation on the vacant lots.

The site is located within a residential area with a mixed character comprising of traditional housing stock interspersed with several medium-density developments primarily in the form of walk-up-flats. Adjacent properties to the west on Banole Avenue are affected by a Heritage Overlay.

The site interfaces with adjoining land as follows:

To the north the site at 123 Chomley Street is a three storey multi-dwelling brick building with a pitched roof. A high paling fence fronts the property boundary. A driveway is located along the southern boundary adjacent to the subject site, providing access to a car parking area within the rear setback.

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A pair of attached dwellings within a rendered brick building with pitched roofing abut the south-east of the site, addressed to 109 and 111 Chomley Street. Each lot is fronted with a low picket fence and provides an uncovered parking space in the front setback and secluded private open space to the rear, adjacent to the existing car park on the subject site.

Further south is a single storey dwelling at 107 Chomley Street. The secluded private open space is sited to the rear of the dwelling and shares a direct interface with the southern-most boundary of the subject site.

Adjoining the site to the west are properties numbered from 15 to 37 Banole Avenue comprising a row of traditional, semi-detached, single storey dwellings. Each of these properties has secluded private open space areas interfacing with the rear of the subject site.

Chomley Street abuts the site to the east and is a narrow two-lane road with on street parking limited to the western side. Opposite the subject site are several detached single fronted dwellings numbered between 74 to 86 Chomley Street. Some dwellings have car parking space within the front setback while others take vehicle access from a rear laneway.

Previous Planning Application/s

A search of Council records indicates the following relevant planning applications pertaining to various parts of the subject site:

Planning Permit 241/17 for 117-121 Chomley Street issued on 20 March 2018 and allowed construction of a multi-dwelling development. The proposal incorporated 9 two-storey townhouses within a contemporary building with roof terraces and basement car parking. The overall approved building height was 8.4m and the development was setback 5.8m from the street. The permit was not acted upon and expired on 20 March 2020.

Planning Permit 980/15 for 111-121 Chomley Street and Part 33 Banole Avenue issued on 29 September 2016. The permit allowed construction of a double storey residential aged care facility above basement car park and a reduction of bicycle facilities. The facility was to comprise 71 bedsits, with a maximum building height of 7.7m and was to be setback between 5.8m to 7.2m from Chomley Street. Plans were not endorsed and the permit expired on 29 September 2018.

Planning Permit 708/12 for 111-119 Chomley Street and Part 33 Banole Avenue issued on 20 January 2014 allowing an extension to the aged care facility to accommodate a total of 67 bedsits in a two-three storey building plus basement car parks. The permitted building height of the three storey component was 12.2 metres. The permit was not acted upon and expired on 20 January 2016.

Planning Permit 758/02 for 113-115 Chomley Street issued on 13 March 2003 for use and development of the land for a residential aged care facility for 38 residents and car parking dispensation.

The Title

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The site is described on Certificates of Title Volume 11635 Folios 430-434 as Lots 1 to 5 on Title Plan 959425E.

No covenants affect the land. Party wall easements are located between Lots 2 and 3 (vacant lots) in favour of opposing lots.

Planning Controls

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

Zone

Clause 32.08 – General Residential ZonePursuant to Clause 32.08-2 a permit is not required to use the land for a residential aged care facility.

Pursuant to Clause 32.08-8 a permit is required for buildings and works associated with a residential aged care facility. A development must meet the requirements of Clause 53.17.

Particular Provisions

Clause 52.05 – SignsPursuant to Clause 52.05-13 a permit is required for a business identification sign. Clause 32.08-14 of the General Residential Zone identifies the site as being within Category 3 – High amenity areas, at Clause 52.05.

Clause 52.06 – Car ParkingPursuant to Clause 52.06-2, before the floor area or site area of an existing use is increased or an existing use is increased by the measure specified at Clause 52.06-5 for that use, the number of car parking spaces required under Clause 52.06-5 must be provided to the satisfaction of the Responsible Authority.

Clause 52.06-5 states that for a residential aged care facility, 0.3 car spaces are to be provided to each lodging room. Where an existing use is increased by the measure specified for that use, the car parking requirement only applies to the increase, provided the existing number of car parking spaces currently being provided in connection with the existing use is not reduced. The number of spaces applies to the whole facility and there is no requirement for a specific number of staff or visitor spaces to be provided.

The existing facility houses 38 lodging rooms and provides 8 spaces. The proposal seeks to provide a total of 83 lodging rooms, which equates to an increase in the measure of 45 rooms. The increased number of rooms generate a statutory parking requirement of 13 spaces and, when combined with the current of number of spaces provided, the proposal generates a total requirement of 21 spaces. The development seeks to relocate existing car parking and provide a total of 24 spaces within a basement. Therefore a permit is not required pursuant to this Clause. The design standards for car parking outlined at Clause 52.06-9 are applicable to the assessment of the application.

Clause 52.34 – Bicycle FacilitiesPursuant to Clause 52.34-5 bicycle facilities are only required if the land use is listed at Table 1 of the clause. A residential aged care facility is not listed therefore there is no statutory requirement for bicycle parking to be provided on site.

Clause 53.17 – Residential aged care facility

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This clause applies to an application to construct a building or construct or carry out works for a residential aged care facility in the General Residential Zone. Clause 53.17-3 stipulates development requirements that should be met in relation to external and internal amenity. These are detailed within the assessment below.

Relevant Planning Policies

Clause 11 SettlementClause 15 Built Environment and HeritageClause 16.01-1S Integrated housingClause 16.01-7S Residential aged care facilitiesClause 17 Economic developmentClause 21.03 VisionClause 21.04 Economic DevelopmentClause 21.05 HousingClause 21.06 Built Environment and HeritageClause 22.03 Advertising PolicyClause 22.05 Environmentally Sustainable DevelopmentClause 22.18 Stormwater Management (WSUD)

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 objections from 17 different properties have been received. The objections are summaries as follows:

Overdevelopment – scale and intensity Neighbourhood character Visual bulk Overlooking Overshadowing Reflective materials Parking and traffic congestion Pedestrian safety Loading/unloading on street Illuminated sign Location of electrical kiosk Noise and amenity impacts from rooftop plant Loss of mature tree Construction impacts

A Consultative Meeting was held on 27 November 2019. The meeting was attended by Councillors Stefanopoulos, Sehr and Hindle, representatives of the applicant, objectors and a Council planning officer. The meeting resulted in a formal amendment to the application to substitute plans. The plans are identified as Drawing No’s. TP0.01 to TP9.01, prepared by Thexton Smith, Council date stamped 20 December 2019 and 20 January 2020, and incorporate the following key changes:

Double storey addition to north:

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Basement setback from northern boundary increased by approximately 0.54m, from between 1.014m-1.403m to 1.560m-1.946m;

Basement setback from western boundary increased by approximately 0.67m, from between 2.503m-2.675m to 3.161m-3.350m;

Basement setback from eastern boundary increased by 0.72m from 4.068m to 4.788m;

Provision of a south facing window to ground floor nurse station; Additional lodging room provided to ground floor above basement ramp; First floor setback from western boundary increased by 2m, from 5.17m to 7.17m; Relocation of one first floor lodging room above basement ramp and associated

internal changes to floor plan; Deletion of balcony to lodging room 1.18; West facing privacy screens increased in height from 1.2m to 1.7m above finished

floor level; Acoustic screening provided to roof plant decks.

Single storey addition to south:

Setback from western boundary increased by 4.2m, from 2.87m to 7.2m; South facing privacy screens increased in height from 1.2m to 1.7m above finished

floor level; Acoustic screening provided to roof plant deck.

Other

Electrical kiosk relocated from adjacent to southern boundary to a central location along the frontage, adjacent to the basement ramp;

Consequential to above, the porte cochere is relocated slightly southward and bicycle parking is relocated to the north of the circular driveway;

Business identification sign altered to remove internal illumination and increase overall area from 2sqm to 2.4sqm;

All loading and unloading of goods proposed at basement level; Existing highlight window and door to internal courtyard from ground floor dining area

shown for accuracy.

The amended plans were not re-advertised as it was considered that no additional material detriment would result from the changes.

Referrals

Comments from various internal departments were sought and are summarised below.

Urban Design (based on application plans dated 2 October 2019)

The scale and form of the proposed extensions are relatively modest and the relationship to the adjoining residential properties appears reasonable.

The basement retaining structure is proposed to be built close to the northern site boundary. This minimal setback may be insufficient to enable a meaningful deep-soil canopy-treed landscape setting and interface to the adjoining apartment building at 123 Chomley Street. It is suggested that specialist advice on this matter be obtained from Council’s Arborist.

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Planner note: The ability for the northern setbacks to achieve suitable landscaping is discussed within the Parks referral comments below.

Parks (based on amended plans dated 20 January 2020)

The available space adjacent to the northern boundary is acceptable (both above and below ground) provided the basement is setback as shown on the plans.

The basement edge must be constructed no closer than 1.56m from the northern boundary.

The proposed crossover locations are supported and will not adversely impact street trees.

Transport Planning (based on amended plans dated 20 January 2020)

The proposal includes 24 parking spaces, inclusive of two accessible parking spaces, which meets the requirements of the Planning Scheme (0.3 spaces per lodging room).

Residents of the proposed development will not be eligible for residential parking permits. The residents will not be exempt from parking restrictions within the surrounding road network, and as such will not be able to rely on the on-street parking supply for long term parking.

No information has been provided regarding the parking demand for staff. Based on a daily traffic rate of 1.5 vehicle movements per dwelling per day it is

anticipated that the development will generate up to 123 daily vehicle trips. This is inclusive of 12 vehicle movements within the peak hours based on 10% of the trips being generated within these hours. It is noted that the peak hour for the development does not coincide with the morning or afternoon road network peaks (due to staff changeover times). This is considered a reasonable estimate of the traffic generation.

It is estimated that the impact to traffic would not be a significant concern in the context of the area.

Adequate sight distance splays are provided adjacent to accessways where required. The 3.9 metre width of the one-way porte cochere and 3 metre headroom clearance

are sufficient. The porte cochere includes arrow line markings at the entry and exit to highlight the

direction of travel along with a ‘no entry’ sign at the exit. A ‘pick up/drop off’ sign is also proposed to highlight the area where parking is to occur for this purpose. This must be managed to ensure there is no inappropriate parking within the accessway to avoid any queuing onto the public road.

The submitted swept path analysis demonstrates that the porte-cochere accessway has been suitably designed to cater for ambulances.

The 5.65 metre width of the two way vehicle ramp and 2.89 metre headroom clearance above the entrance and within the basement are satisfactory.

The submitted swept path diagram demonstrates that a B99 vehicle can access the property from Chomley Street in one movement with another B99 vehicle exiting the site. This is supported.

This proposed ramp grades accord with the requirements of the Planning Scheme and Australian Standards and are satisfactory.

The parking spaces within the basement car park have been proposed as 4.9m long, with fluctuating widths between 2.4m to 2.6m wide, accessed via a parking aisle width of 6.4m. This meets the minimum requirements of the Planning Scheme.

Spaces 14 and 15 are proposed as accessible parking spaces and the dimensions and design are satisfactory. These spaces encroach into the aisle width by 500mm which is allowed in the Planning Scheme and can be supported.

Spaces 1 and 2 are proposed in a tandem arrangement and include a 500mm clearance between each space which is satisfactory. These spaces are proposed for

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staff use only which, in the context of the use, is suitable as tandem spaces would not be appropriate for visitors to the site.

Submitted swept path diagrams demonstrate ingress and egress of a B85 vehicle from the parking spaces located at each end of the car park next to walls. Multiple movements in these instances are required, however as these spaces are allocated to staff it can be assumed that they will become accustomed to the conditions.

Columns within the basement have been designed in accordance with the Planning Scheme requirements.

The plans should detail a minimum gradient of the covered parking area at 1 in 200 (0.5%) to allow for adequate drainage.

There is no provision in the Planning Scheme to provide bicycle parking for an aged care facility, however the applicant is proposing 4 horizontal bicycle spaces for staff to use which is supported. The design of the spaces is in accordance with the Australian Standards.

The four redundant vehicle crossings to be removed must be made good with any footpath, nature strip, kerb and channel to Council’s requirements.

Three new vehicle crossings are proposed along Chomley Street. The width of each vehicle crossing is proposed to match the width of the corresponding opening with 1.3 metre splays which is supported.

Based on the removal and installation of crossings the kerbside area along the frontage of the site is to be altered. The length between crossings is supported.

Waste management will occur within the basement car park. The submitted swept path analysis demonstrates that access and egress can be achieved by a waste vehicle within the car park.

Open doors to the electrical kiosk must not obstruct the footpath.

Planner note: Permit conditions have been included in the recommendation as appropriate.

Waste Management (based on application plans dated 2 October 2019)

The existing legislated requirements under the various Federal, State & Local governments’ health acts along with the legislated requirements under the Environment Protection Act and the City of Stonnington Local Law will be sufficient to regulate the management of wastes at this site.

The comprehensive Waste Management Plan that accompanied this proposal responded well to the waste management challenges presented in the plans.

Although it is not specifically required, if a Waste Management Plan is endorsed to form part of a permit, it should be similar to that previewed.

Infrastructure (based on application plans dated 2 October 2019)

The ground floor is comfortably above the lowest site level. There is no existing outfall drain available for the site in Chomley Street and the owner

will need to construct one. Permit conditions are recommended to address drainage and stormwater

requirements.

Planner note: All suggested permit conditions have been included in the recommendation.

Environmentally Sustainable Design (ESD) (based on amended plans dated 20 January 2020)

The development proposes several sustainable design initiatives including solar panels, rainwater tanks, energy efficient appliances, reduced lighting density, carbon

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monoxide sensors to basement car park, water efficient fixtures, low VOC products and paints, bicycle parking and targeted recycling rates.

There are some concerns with the proposed development in relation to daylight and views from the residence rooms.

External shading devices and double-glazed windows are required to be shown on the plans.

All permeable paving detailed within the submitted Sustainable Management Plan (SMP) must be reflected on the landscape plan.

Additional notations are required on the plans to reflect the stormwater commitments detailed in the SMP.

Planner note: These matters are discussed within the ESD assessment below and permit conditions are recommended as appropriate.

Key Issues and Discussion

Strategic context

The application has been assessed against relevant policy contained with the State Planning Policy Framework (SPPF) and is considered to be consistent with the overarching objectives. At a high level, the SPPF seeks to ensure that the planning system is producing land use and built form outcomes that satisfy the current and future needs of Victoria's population. Ageing in place has been a philosophy of care in Australia since the late 1990s. Prior to this date, residential aged care was traditionally provided in hostels and nursing homes, operating within separate and distinct systems and locations. Ageing in place now makes it possible to receive different levels of care in the same facility, thereby removing the need for residents to relocate to other facilities as a result of changing care needs. This has resulted in the development of larger aged care facilities, which was reflected in State Planning Policy through the introduction of Clause 16 in 2010.

Clause 16.01-7S seeks to facilitate the development of well-designed and appropriately located residential aged care facilities and recognises that they contribute to housing diversity and choice and are an appropriate use in a residential area. It is further acknowledged that residential aged care facilities are different to dwellings in their purpose and function and will have a different built form outcome, including height, scale and mass.

The policy seeks to ensure that aged care developments are located close to services and public transport. The site has good access to services and facilities, being within walking distance (100m) of the Prahran East Village which is classified as a Small Neighbourhood Activity Centre at Clause 21.03 of the Stonnington Planning Scheme. Additionally, the site is within proximity of the community and commercial services located within the Prahran/South Yarra Principal Activity Centre and the Malvern/Armadale Major Activity Centre. The site also enjoys excellent access to public transport including trams on High Street and Dandenong Road, buses on Williams Road and Orrong Road, as well as Toorak and Windsor Railway Stations.

Clause 53.17 was introduced into all Victorian planning schemes in October 2018 in recognition of the need for residential zones to provide greater support and flexibility for the development of residential aged care facilities within existing residential areas. The development requirements of this particular provision override other requirements of the planning scheme to provide statewide consistency and certainty about the development of aged care facilities in residential areas.

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At a local level, Council’s MSS at Clause 21.03 seeks to increase housing capacity that is affordable, accessible and includes diverse housing types. Similarly, Clause 21.05-4 encourages a variety of dwelling types and choice to meet community needs, including for the elderly and people with disabilities. Clause 21.06 outlines strategies to ensure that higher density development does not unreasonably affect the amenity of adjoining residential properties, and to protect the built environment by requiring a high standard of built form, detailing and architectural design. Council’s Neighbourhood Character Policy at Clause 22.23 identifies the site as being within an Inner Urban Precinct which is defined by buildings of innovative and high quality architectural styles that sit comfortably within compact streetscapes of Victorian, Edwardian and Interwar dwellings. Design guidelines provide assistance to determine if a development is consistent with the preferred neighbourhood character. In this instance, the guidelines are considered to have limited weight given the State policy objectives acknowledge that the built form impacts of residential aged care facilities can differ from what is typically acceptable.

Based on the above, the policy context for this proposal is one which supports the continued operation of an aged care facility on this site. It is an as-of-right use in the General Residential Zone and as such, there is no issue with the expansion of this use on the consolidated site. The considerations are essentially limited to whether the expanded facility is designed to respond to the site’s physical context, the built form consequences on off-site amenity and whether the internal amenity meets the needs of residents.

Built Form

The application has been assessed against the development requirements of Clause 53.17 which relates specifically to a residential aged care facility. The built form requirements are similar to several ResCode standards, although several have been adapted to be ‘fit for purpose’ for residential aged care facilities. Unlike ResCode, there are no specific objectives included in this clause, however the decision guidelines call for consideration of the following:

The Municipal Planning Strategy and the Planning Policy Framework. How the proposed development responds to the site and context description. Where the requirements of this clause are not met, the impact on the amenity of the

adjoining dwellings. The proposed amenity for future residents of the residential aged care facility. The effect of overshadowing on an appropriately located existing rooftop solar energy

system on an adjoining lot.

Site Context

The development is considered to appropriately respond to the surrounding residential context. In general, the proposal will provide a contemporary architectural response which reflects the emerging character of development within the neighbourhood whilst minimising impacts on neighbouring properties. The new building has a predominantly flat roof with a well-articulated façade and incorporates materials such as brick veneer, render and porcelain cladding with metal and aluminium details in a muted colour palette. The development is complementary to the scale of surrounding buildings and provides appropriate setbacks in response to the features and constraints of the site and adjacent properties.

It is reiterated that State government policy, as previously outlined above, anticipates a different built form outcome for residential aged care facilities compared to dwellings,

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including height, scale and massing. On balance, it is considered the development provides a tempered outcome in this regard.

In response to objectors’ concerns, the electrical kiosk has been relocated away from the southern boundary adjacent to the neighbouring property. The substation will be sited to the north of the port cochere and directly to the south of the proposed basement accessway. Landscaping is provided on either side and due to the overall width of the street frontage, the central location of the substation is considered appropriate as it will not dominate the streetscape when viewed in the context of the whole site.

The development seeks to remove two mature trees in the north-west corner of the site at the rear of 121 Chomley Street. It must be noted that Council has previously supported removal of these significant trees under the two previously approved planning permits (241/17 and 980/15 as detailed above). The development provides for suitable replacement planting with a total of 51 trees of varying sizes and additional shrubs and ground covers to be planted throughout the development. Specifically within the north-west corner, a Norwegian Sunset tree capable of reaching a mature height of 11m and a canopy width of 6m is proposed, and a variety of screening trees are provided along the northern and western boundaries. This is an appropriate response to mitigate visual bulk impacts from adjoining properties, noting the immediately adjoining context includes a driveway and car parking area to the north associated with the walk up flats, and secluded private open space areas to the west associated with Banole Avenue properties.

The basement is proposed to be setback between 1.56m to 1.95m from the northern boundary and up to 3.35m from the western boundary. By comparison, the previous approval for an aged care facility on the site (Planning Permit 980/15) allowed similar boundary setbacks to the basement, being from 1.6m to 1.86m to the north and 4.69m to the west. However, it is noted that the revised plans do not depict the piles typically required for basement construction which would encroach into the setback shown. The applicant has indicated that a different method of construction can be utilised and the setbacks shown can be achieved without impacting the space for in ground planting. Council’s arborist has confirmed that the proposed setbacks are adequate for the selected tree species, provided the basement construction does not encroach into the deep soil area. Therefore, a permit condition is included to ensure the minimum setback for in-ground planting is 1.56 metres from the northern boundary to the basement.

Building height

The maximum building height of a residential aged care facility must not exceed 16 metres in the General Residential Zone. The development complies with a proposed maximum height of 7.481 metres to the double storey northern addition. The first floor extension to the existing building has a maximum height of 7.814 metres which is lower than the existing roof height.

The proposed double storey building will sit comfortably within the streetscape which exhibits building heights of between one to three storeys. The development will provide a sensitive transition in scale between the three storey walk up flats abutting the site to the north and the single storey semi-detached dwellings to the south.

Street setback

The development requirement at Clause 53.17 calls for a preferred setback equal to the average setbacks of adjacent buildings on abutting allotments, which equates to approximately 6.35 metres.

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The street setback of the existing building on site is 7.25 metres and generally aligns with the adjacent dwelling to the south. This is not proposed to be altered. A porte cochere is an allowable encroachment as it is considered a necessary structural element for this type of facility. Therefore its construction in front of the existing building may be supported in this context and the simple, flat roofed design will not dominate the frontage.

The neighbouring three storey building to the north is setback approximately 5.45 metres from the street. The proposed double storey extension to the existing facility has a minimum street setback of 5.59 metres and will broadly align with the abutting building to the north. The stairwell on the southern side of the extension is setback slightly further at 6.32 metres while the built form above the basement access ramp is setback over 16.6 metres from the street. Although the average setback of adjoining properties is not wholly achieved, the existing and proposed setbacks on the subject site are considered to provide an appropriate transition across the site between adjacent buildings. The setbacks enable reasonable opportunities for landscaping across the frontage, including canopy trees to soften the interface with the street.

Site coverage

The development proposes overall site coverage of 63 per cent which is well below the preferred maximum of 80 per cent allowable for an aged care facility.

It is considered that the proposal represents a site responsive design which achieves a high level of compliance with the requirements of Clause 53.17 as detailed above.

Amenity Impacts

Side and rear setbacks

The development achieves full compliance with the side and rear setback requirements. Setbacks of the two storey addition vary due to slightly angled lot boundaries. To the north, ground floor setbacks range from 1.97 metres in the north-west corner to 2.35 metres to the north-east. Based on the maximum wall height of 3.6 metres a setback of only 1 metre is required. At first floor, the setbacks increase to between 3.03 metres to 3.42 metres, exceeding the required setback of 2.04 metres for the proposed maximum wall height of 6.95 metres. Two central breaks/recesses in the built form are proposed along the northern elevation which effectively break up the expanse of the development and assist to reduce visual bulk impacts from the north.

To the west, the ground floor is setback between 3.15 metres to 3.28 metres and at first floor the setbacks are between 7.18 metres to 7.32 metres, with the balconies encroaching 2.1 metres into the setback. This well exceeds the required setbacks of 1.16 metres at ground floor and 1.93 metres at first floor, based on the respective maximum wall heights of 4.13 metres and 6.7 metres.

The single storey addition to the southern side of the site has minimum setbacks of 7.2 metres from the western boundary and 2.88 metres from the southern boundary. The minimum required setback to both boundaries is 1.2 metres.

The proposed setbacks are sufficient to limit adverse amenity impacts and provide space for adequate landscaping around the perimeter of the development to assist the development to integrate with the surrounding neighbourhood.

Walls on boundaries

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No part of the development is proposed to be built on the boundary.

Daylight to existing windows,

The proposed side and rear setbacks allow for sufficient light courts in excess of 3 square metres to all existing windows with an outlook to the site, noting that all neighbouring windows are well setback from common boundaries.

North facing windows

There are no north facing windows within 3 metres of the site boundaries adjacent to the proposed additions.

Overshadowing

The development will result in limited overshadowing impacts to neighbouring secluded private open space areas located to the west in the morning and south in the afternoon. The design requirement states that at least 75 per cent or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space (SPOS) should receive a minimum of five hours of sunlight between 9am and 3pm on 22 September.

The overshadowing impacts to the predominantly impacted properties are detailed as follows:

21 Banole Ave 23 Banole Ave 37 Banole Ave 111 Chomley StTotal SPOS 44.35sqm 49sqm 66sqm 50.9sqm9 am 19.6sqm

44.2%20.4sqm41.6%

7.2sqm10.9%

NA

10 am 2.2sqm5%

2.5sqm5.1%

2.5sqm3.8%

NA

10.30 am NA NA 1.1sqm1.7%

NA

11 am NA NA NA NA12 noon NA NA NA NA1 pm NA NA NA 0.6sqm

1.2%2 pm NA NA NA 1.2sqm

2.4%3 pm NA NA NA 1.7sqm

3.3%NA = no impact

As demonstrated in the table above, the properties at 21 and 23 Banole Avenue are somewhat affected at 9am, however by 10am the additional overshadowing beyond existing fence shadows is negligible and there is no impact from 10.30am onwards. At 37 Banole Avenue, the majority of the SPOS remains unaffected from 10am onwards, while 111 Chomley Street is only marginally affected from 1pm onwards.

The impact to properties at 17 to 19 Banole Avenue is limited to 9am with no impact from 10am onwards. Despite 35 Banole Avenue only having a total SPOS area of 22sqm, there is no additional impact beyond existing shadows from the proposed development as a result of the increased setback to the common boundary. Due to the single storey scale of the

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southern addition, the properties to the south at 107 and 109 Chomley Street are not impacted at all between 9am to 3pm beyond existing fence shadows.

Overall, the additional overshadowing impacts caused by the new development are reasonably minimal and the impact on the amenity of neighbouring properties is adequately limited.

Overlooking

For an aged care facility, potential overlooking into neighbouring habitable room windows and secluded private open spaces within 9 metres is required to be addressed with screening to a height of 1.2 metres above internal floor level. Screening is not required to ground floor windows where the floor level is less than 0.8 metres above ground level and the boundary fence is at least 1.8 metres high.

In order to address concerns raised by some objectors, the development exceeds the requirements. For the single storey extension on the southern side of the site, 1.7 metre high fixed external screens are proposed to both south facing windows and one east facing window. The northern addition proposes 1.7 metre high screened balustrading to west facing balconies on the first floor.

There are no other habitable room windows or balconies with a direct outlook to neighbouring properties, as the development has been designed to minimise the need for screening which would reduce outlook for residents from within the lodging rooms.

Noise

Mechanical plant is proposed to be located either within the basement or centrally on the rooftops. The rooftop plant areas will be provided with acoustic screening to minimise noise impacts on adjacent dwellings.

Internal Amenity

Daylight to new windows

All new habitable room windows are located to face an outdoor space or light court with a minimum area of 3sqm and minimum dimension of 1 metre clear to the sky, in accordance with the development requirements of Clause 53.17. All courtyards and boundary setbacks are proposed to be landscaped with a variety of vegetation, providing reasonable outlook from within lodging rooms.

Building entry

The main pedestrian entry will be retained at the front of the existing building. The entry will be conveniently accessed through the porte cochere which defines the entrance, provides shelter from the weather and allows for the safe drop off and pick up of residents on site.

Pedestrian access from the basement is provided via a lift or stairs which are conveniently located.

Communal open space

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Communal open space is provided in the form of various courtyards throughout the site which are accessible to residents and staff via communal corridors. All courtyards are landscaped and incorporate seating.

Front fencing

There is no fence proposed in front of the existing building, however the northern addition is proposed to have solid fencing in front of the three street-facing lodging rooms, setback behind a 0.56 metre wide planter. Behind the fence are private landscaped courtyards associated with the lodging rooms. The natural ground level slopes down from north to south resulting in a proposed fence height ranging from approximately 1.7 metres to 2.17 metres. This exceeds the desired height for a local street in which 1.5 metres is the maximum sought by the applicable design requirement. To the north of this fence is a pedestrian gate to be constructed of powder coated aluminium pickets to a maximum height of 1.8 metres.

Chomley Street displays a range of fence styles and heights, including several examples of high solid fences. Given the nature of the use, the proposed fencing is considered appropriate as it will provide privacy for the street facing lodging rooms and assist to minimise traffic noise impacts. The fencing will complement the scale of the new development and will be compatible with the mixed character of the streetscape.

Car Parking and Traffic

Access

All existing car parks will be consolidated into one car parking area within the new basement. Access is via a double width crossover which will enable vehicles to exit the site in a forwards direction. The width of the accessway meets the minimum requirement of 5.5 metres and the shared accessway is sufficiently setback from lodging room windows to limit vehicular noise impacts.

The basement access is suitable for service and delivery vehicles and the plans are annotated to indicate that all loading and unloading of goods will occur at basement level. Furthermore, the applicant has indicated consent to include a permit condition requiring that all loading and unloading of goods must occur within the basement to minimise the impact on traffic within Chomley Street.

Separate emergency access for ambulances is proposed within the porte cochere in front of the existing building on site. One way access will be provided via two single-width crossovers. This area will also be utilised for the drop off and pick up of residents of the facility.

The proposal will reduce the existing number and width of crossovers to Chomley Street and also enables the retention of street trees. A permit condition is recommended requiring that all redundant crossovers are removed and reinstated to Council’s satisfaction.

Traffic

Council’s traffic engineer has confirmed that the estimated impact to local traffic generated by the proposal is not significant in the context of the area and is therefore not unreasonable.

Car Parking

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The development provides sufficient car parking spaces in accordance with the rate specified at Clause 52.06 for residential aged care. There is no requirement for a specific number of spaces to be allocated to visitors, staff or residents. The spaces will be available for both visitors and staff, noting that the average age of residents is 85 and they typically do not drive. It is noted that the spaces located at each end of the basement are proposed to be for staff only as these spaces can be more difficult to access given they are at the end of the aisle. Council’s traffic engineer has confirmed that the layout of the car park is functional and satisfactory.

Signage

The development includes provision of a business identification sign to be displayed adjacent to the site’s frontage on the fascia of the porte cochere. The sign dimensions are 1.2m high by 2m wide providing a display area of 2.4sqm. The plans are annotated to state the signage is not illuminated yet indicate that the sign will be a combination of individual back-lit letters/forms in large text.

The key objective at Clause 52.05 for signs located in high amenity areas is to ensure that they are orderly, of good design and do not detract from the appearance of the building on which a sign is displayed or the surrounding area. Council’s advertising policy at Clause 22.03-2 seeks to minimize signage in residential areas and ensure it is consistent with the character of the area.

It is reasonable to allow a sign to be displayed advertising the nature of the use and for identification of the site. Only one sign is proposed to the premises and, given the site is in a residential street, there will be no cumulative impact of signs. The proportion and scale of the sign is satisfactory in relation to the porte cochere fascia and the overall breadth of the development, such that it will not dominate the frontage or the streetscape. Furthermore, the location of the sign which is setback approximately 1.2 metres from the front boundary is appropriate to limit any impact on road safety or use of the footpath.

Due to the proximity of dwellings opposite the site it is important to consider the impact of any illumination, and this was a concern raised by several objectors. Given the nature of the use is unlikely to attract many visitors at night, it is not considered necessary for the sign to be illuminated. Additionally, illuminated signage would compromise the character and amenity of this residential area. Therefore a permit condition is included to ensure that the signage is not illuminated.

Sustainable Design Assessment

The building has been designed to satisfy the objectives of Council’s ESD Policy at Clause 22.05 and Stormwater Management (WSUD) Policy at Clause 22.18, as outlined in the submitted Sustainability Management Plan (SMP). The development achieves a BESS score of 56% and a STORM rating of 110% which are considered to meet best practice.

The SMP has been reviewed by Council’s ESD officer who is generally supportive of the proposal despite some concerns with daylight access to common areas and some lodging rooms, as well as outlook/privacy and shading to minimise solar heat gain.

The communal living and dining areas are located centrally within the building. Existing and new windows to external courtyards are provided to all areas providing both outlook and daylight. The ground floor dining area also benefits from existing large skylight windows (refer to photos provided on ground floor plan). The proposed plans are considered to provide an improved outcome when compared to the existing conditions.

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There are some lodging rooms within the two storey addition which have an outlook to internal courtyards with a depth of approximately 3.8 metres. This exceeds the residential aged care requirements at Clause 53.17 which call for a 3sqm light court with a minimum dimension of only 1 metre to habitable room windows, as previously indicated. The courtyards will be provided with vegetated planter boxes and oblique views to new trees along the boundary will also be achieved, therefore the outlook from these rooms is considered to be reasonable. The applicant has confirmed that all lodging rooms are provided with sheer curtains which allow views through whilst assisting with privacy between rooms on opposing sides of the courtyards.

Other relevant matters raised by Council’s ESD Officer can be addressed with additional details being provided on the plans and permit conditions are included in this regard.

Objections

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

Impacts during construction are managed at building permit stage. This is not a matter that can be considered under the planning assessment.

Conclusion

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

The site is in a location where State and local policy encourage intensification of housing density and diversity including residential aged care facilities.

The proposal represents a development outcome which satisfies the built form requirements for residential aged care facilities at Clause 53.17.

The development does not create any unreasonable off site amenity impacts. The proposal offers future occupants with an acceptable level of internal amenity. The parking provision is sufficient and traffic impacts are within reasonable limits.

Governance Compliance

Conflicts of Interest Disclosure

No Council Officer and/or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.

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 & Responsibilities Act 2006.

Attachments

1. 605/19 - 113-121 Chomley Street, Prahran [13.5.1 - 11 pages]

Officer Recommendation

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That Council AUTHORISE Officers to issue a Notice of Decision to Grant a Planning Permit No: 605/19 for the land located at 113-121 Chomley Street, Prahran under the Stonnington Planning Scheme for construction of buildings and works associated with a residential aged care facility and display of a business identification sign in the General Residential Zone 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 revised plans submitted with the application, amended on 20 January 2020) but modified to show:

a) A minimum 1.56 metre setback from the northern boundary to the basement for deep soil planting. No construction is permitted below ground within the minimum setback.

b) Deletion of all illumination to the business identification sign.c) A notation specifying a minimum gradient of the covered parking area to

be 1 in 200 (0.5%) to allow for adequate drainage.d) A notation specifying that open doors to the electrical kiosk must not

obstruct the footpath.e) Notations in accordance with the SMP, including but not limited to: double

glazing to all new windows; external operable shading devices provided to all new east and west facing habitable room windows, with the exception of new windows facing ground level internal courtyards; connection and reuse of rainwater tanks; and the extent of permeable paving on the landscape plan.

f) Any changes required to comply with Conditions 16 (SMP), 18 (Landscape Plan) and 21 (WMP).

All to the satisfaction of the Responsible Authority.

2. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason, without the prior written consent of the Responsible Authority.

3. Prior to the occupation of the building, fixed privacy screens (not adhesive film) designed to limit overlooking as required by Clause 53.17 in accordance with the endorsed plans must be installed to the satisfaction of the Responsible Authority and maintained to the satisfaction of the Responsible Authority thereafter for the life of the building.

4. 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.

5. The loading and unloading of goods to and from the premises must at all times be conducted within the basement and in a manner that limits interference with other vehicular traffic to the satisfaction of the Responsible Authority.

6. The existing footpath levels must not be lowered or altered in any way at the property line to facilitate access to the site.

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7. Prior to occupation of the building, any existing vehicular crossing made redundant by the building and works hereby permitted must be broken out and re-instated as standard footpath and kerb and channel at the permit holders cost to the approval and satisfaction of the Responsible Authority.

8. Prior to the commencement of the development hereby approved, the permit holder must obtain approval from Council’s Building and Local Laws Department to construct or modify any vehicle crossovers providing access to the subject site. The issue of a planning permit does not provide approval for vehicular crossovers which are outside of the title boundary.

9. 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.

10. 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.

11. The applicant must at their cost construct an outfall drain in Chomley Street to connect to the Council drain located approximately 48m to the South. A design for the drain must be prepared by a suitably qualified Engineer and approved by Council’s Infrastructure Unit. The works must be completed under the supervision and to the satisfaction of the Responsible Authority.

12. 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.

13. Prior to an ‘Occupancy Permit’ being issued, a suitably qualified Engineer must carry out a detailed inspection of the completed stormwater drainage system and associated works including all water storage tanks and detention (if applicable) to ensure that all works have been constructed in accordance with the approved design and the relevant planning permit conditions. Certification of the completed drainage from the Engineer must be provided to Council prior to a ‘Statement of Compliance’ being issued for the subdivision.

14. The applicant must at their cost provide a stormwater detention system to restrict runoff from the development to no greater than the existing runoff based on a 1 in 10 A.R.I. to the satisfaction of Council’s Infrastructure Unit. Alternatively, in lieu of the stand alone detention system, the owner may provide stormwater tanks that are in total 10,000 litres greater than those tanks required to satisfy WSUD requirements for the development. Those tanks must be connected to all toilets as well as used for irrigation.

15. 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

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initiatives outlined in the SMP to the satisfaction of the Responsible Authority. Amendments to the SMP must be incorporated into plan changes required under Condition 1. The report must be generally in accordance with the SMP prepared by Sustainable Development Consultants, dated 20 December 2019, and include 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 addressed.

b) Identify relevant statutory obligations, strategic or other documented sustainability targets or performance standards.

c) 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.

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.

16. 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.

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

18. Before the development starts, a landscape plan to be prepared by a landscape architect or suitably qualified or experienced landscape designer, must be submitted to and approved by the Responsible Authority. When approved, the landscape plan will be endorsed and will then form part of the permit. The landscape plan must be drawn to scale with dimensions. The landscape plan must be generally in accordance with the landscape concept plan prepared by John Patrick Landscape Architect, dated 20 December 2019, and include:

a) A survey (including botanical names) of all existing vegetation to be retained and/or removed.

b) Buildings and trees (including botanical names) on neighbouring properties within three metres of the boundary.

c) Details of surface finishes of pathways and driveways.d) A planting schedule of all proposed trees, shrubs and ground covers,

including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant.

e) Landscaping and planting within all open areas of the site.f) The extent of any cut, fill, embankments or retaining walls associated with

the landscape treatment of the site.

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g) Details of all proposed hard surface materials including pathways, patio or decked areas.

19. 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.

20. Before the development (including excavation and demolition) starts, a tree protection fence must be erected around the street trees. Fencing is to be compliant with Section 4 of AS 4970. Signage identifying the need for approval from Council’s Parks Unit for any root cutting (prior to it occurring) must also be displayed on the fence.

21. Concurrent with the endorsement of plans, a Waste Management Plan (WMP) must be submitted to and approved by the Responsible Authority. The Waste Management Plan must be generally in accordance with the WMP prepared by Ratio, dated 31 July 2019.

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.

22. The location and details of the sign(s), including those of the supporting structure, must be in accordance with the endorsed plans, unless otherwise agreed in writing by the Responsible Authority.

23. The sign(s) must not be illuminated by external or internal light.

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

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

permit.

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 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.

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. 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:

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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; ord) 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.

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. The crossovers must be constructed to Council’s Standard Vehicle Crossover Guidelines unless otherwise approved by the Responsible Authority. Separate consent for crossovers is required from Council’s Building and Local Law Unit.

F. The occupants of the development hereby approved are not eligible to receive “Resident Parking Permits”.

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:

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.

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13.6 Planning Amendment 0065/18 - 1412-1416 High Street, Malvern

Manager Statutory Planning: Alex Kastaniotis Director Planning & Place: Stuart Draffin

Purpose of Report

For Council to consider a Section 72 amendment application to an existing planning permit to amend Condition 5 of Planning Permit 0065/18 to allow for an extension of operation hours at 1416 High Street, Malvern.

Officer Recommendation Summary

That Council authorise Officers to issue a Notice of Decision to Amend a Planning Permit subject to conditions outlined within the Officer Recommendation.

Executive Summary

Applicant: CS Town Planning ServicesWard: EastZone: Commercial 1 Zone Overlay: NilNeighbourhood Precinct: N/ADate Lodged: 23 January 2019Statutory Days:(as at Council Meeting date)

450

Trigger for Referral to Council: Councillor Call-UpNumber of Objections: 6 different properties (7 objections)Consultative Meeting: Yes – 05 June 2019Officer Recommendation Notice of Decision to Amend a Planning Permit

Background

The Proposal

Key features of the proposal include:

Amend Condition 5 of the permit to allow for an extension of operation hours from Monday to Friday in association with a restricted recreation facility (gym).

Condition 5 currently allows the use to operate from Monday to Friday – 6am - 10:45am and 5pm - 6:45pm.

The proposal seeks to amend this condition to increase the hours and to allow the use to operate continuously from 5.30am - 8pm – Monday to Friday.

Opening times on Saturday and Sunday are to remain unchanged. The permit currently allows the use to operate as follows: Saturday – 8:00am to 12:00pm, Sunday – 9:00am to 12:00pm.

Condition 5 of the permit is proposed to read as follows:

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“The use hereby permitted must operate only between the following hours: o Monday to Friday - 5.30am to 8pm o Saturday - 8am to 12pm o Sunday - 9am to 12pm”

Documentation forming the basis of Council’s consideration includes an Acoustic Report prepared by Acoustic Dynamics, dated and stamped 27 November 2019.

Site and Surrounds

The subject site is located on the southern side of High Street Malvern, approximately 52 metres from its intersection with Tooronga Road. The site is a rectangular shaped lot and has a frontage to High Street of approximately 9.0 metres and a depth to the eastern and western side boundaries of 34.8 metres.

The approved use of the site as an F45 Gym has commenced operation and currently occupies a former shop. Contextually, the site is located within a small local shopping strip and a Neighbourhood Activity Centre, and it is well serviced by public transport, with tram services operating along High Street. The properties along High Street are similarly zoned Commercial 1 and feature a variety of retail and commercial uses including shops, offices, food and drink premises, and a petrol station. Notably, other gyms operating within the immediate area include

The Goodlife Health Club, located at 1436-1446 High Street, approximately 90 metres to the east of the site. This gym operates 24 hours a day, 7 days a week.

Smash Training Melbourne, located at 1430 High Street, approximately 40 metres to the east of the site. This operates under Planning Permit 0164/19 issued on the 21 June 2019 to allow the use of the land as a restricted recreation facility (personal training studio) in a Commercial 1 Zone. The permit allows the use to operate from Monday to Friday 6am-8pm and Saturday & Sunday 8am-4pm.

Another F45 Gym franchise is also located at 832 High Street, 2.2 kilometres to the west of the site. This tenancy operates under Planning Permit 1121/17 issued on the 21 February 2018 to allow use of the site as a restricted recreation facility (personal training studio) and the installation of business identification signage/internally illuminated in a Residential Growth Zone. Classes are permitted to operate from 6am-9:30am and 5pm-8pm Monday to Friday and 8am-12pm on Saturday.

The subject site has four main interfaces which can be described as follows:

North To the north of the subject site is High Street, a two way street with restricted parking on both sides and a tram line that runs through the centre. A number of single storey commercial buildings alongside a petrol station are located further north, defining the northern-side of High Street.

South To the south of the subject site is a Council owned car park, containing 14 car spaces with a 2 hour parking restriction. Residentially zoned land is located further south, along Horace Street. A two storey dwelling is located directly south, just beyond the carpark, at No.72 Horace Street.

East Abutting the site to the east, at No.1418 High Street, is a single storey commercial building currently occupied by a bottle shop, which operates from 11:30am to 10pm, seven days a week.

West Abutting the site to the west, at No. 1412 High Street, is a single storey

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commercial building currently occupied by ‘Domino’s Pizza’, which operates from 11am-11pm Monday to Wednesday & Sunday, 11am-12am on Thursdays, and 11am-1am Friday & Saturday. This tenancy shares a roof and party wall with the subject site.

Further west, at No.1408-1410 High Street, is a three storey mixed use building with a commercial tenancy at ground floor and apartments above. Planning Permit No. 367/17 was issued on 27 September 2017 to allow the use of the ground floor commercial tenancy as a Veterinary Centre and a reduction of the relevant car parking requirement. The hours of operation approved under this permit are Monday to Friday 8am to 8pm, Saturday 9am to 3pm and Sunday 10am to 2pm.

Permit History

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

Planning Permit 0065/18 was issued on the 09 August 2018 to allow the use of the land as a restricted recreation facility in a Commercial 1 Zone and the display of business identification signage/internally illuminated signage.

This permit included a number of amenity oriented conditions aimed at ameliorating any off-site amenity impacts including:o Condition 1(a): The plans to be revised to show impact sound absorbing flooring

as identified within the endorsed Acoustic Report. o Condition 1(b): The addition of an acoustic air lock door between the gym space

and the door to the rear of the site. o Condition 1(c): Double glazing to the rear door. o Condition 4: Limited patron numbers to 36 patrons and 2 staff. o Condition 6: A sign is to be displayed at the exit of the site advising patrons to

respect the amenity of adjacent residential areas and to leave in a quiet an orderly manner.

o Condition 7: The glass windows/doors to be kept closed at all times. o Condition 8: The use of weights to be restricted to nothing heavier than 25kg. o Condition 9: The use of free weights to be restricted to the free weights area only

and not used in the functional training area. o Condition 10: Limited background music to enable conversational tones. o Condition 11: Compliance with SEPP N-2. o Condition 12: Compliance with the approved Acoustic Report. o Condition 13: An Acoustic Report to be prepared 3 months after commencement

to assess noise emissions on at least two separate occasions between 6am-7am. If the State Environment Protection Policy limits were found to be exceeded, remedial measures were also required.

Council’s enforcement officer attended the subject site on the 17 January 2019 to resolve public complaints and carry out an audit of the planning permit conditions pertaining to Planning Permit 65/18. Subsequent to the site inspection the owner was contacted and notified of non-compliances to which they have been addressed as confirmed via a follow-up site inspection. A notice was then issued to the owner on the 21 August 2019 confirming the audit had been conducted, namely an audit of conditions 1, 3 to 10 and 13 to 17. It was also noted that on the morning of 12 June 2019, at 6:30am Council Officers witnessed low level music noise emanating from the business. Despite officers noting the music noise level was not of a high level the

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operator was notified of the noise complaints and asked to consider further noise limiting remedies.

The Title

As shown on the map in figure 3 below, the site is identified on three lots. Details of these are outlined below:

Title Volume 11204 Folio 180 / Lot 2 on Plan of Subdivision 043459 and no covenants affect the land. The lot is affected by a party wall easement.

Title Volume 11204 Folio 181/ Lot 3 on Plan of Subdivision 043459 and no covenants affect the land. The lot is affected by a party wall easement.

Title Volume 11204 Folio 182/Lot 1 and 2 of Title Plan 944147Q and no covenants or easement affect the land.

Planning Controls

The subject site is located within a Commercial 1 Zone and is not affected by any overlays. Pursuant to Clause 34.01-1 (Commercial 1 Zone), a permit is required to use the land for the purpose of leisure and recreation (restricted recreation facility).

Note: Clause 52.06-6 (Car Parking) states that where a use is not specified at Tale 1 of Clause 52.06-5, car parking must be provided to the satisfaction of the responsible authority. As such, there was no formal permit requirement to reduce or waive car parking.

Relevant Planning Policies

Clause 13.05-1S – Noise Abatement Clause 17.02-1S – Business Clause 21.04 – Economic Development Clause 34.01 – Commercial 1 Zone Clause 65 – Decision Guidelines

Advertising

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

The site is located in the East Ward and objections from six (6) different properties have been received and relate to the following matters: Excessive noise emissions associated with patrons entering and exiting the premises

to the carpark The current noise levels are unacceptable and an extension will worsen existing

conditions Disruption of sleep Non-compliance with noise suppression directives from Council’s planning and health

department Current start times are not being adhered to Car parking restrictions should be applied to Horace Street Difficulty parking within the area, particularly on weekends

A petition with in excess of 50 signatures has been submitted in support of the application.

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A Consultative Meeting was held on 5 June 2019. The meeting was attended by Councillor Jami Klisaris, representatives of the applicant, objectors and a Council planning officer. The meeting resulted in the submission of a follow-up Acoustic Report prepared by Acoustic Dynamics (dated 27 Nov 2019) in accordance with Condition 13 of the permit. The Acoustic Report is discussed in further detail within the later section of this report.

As a means of compromise, following the Consultation Meeting the Applicant withdrew a request to extend operation hours on Saturday and Sunday. The proposal as advertised sought to increase operation hours on Saturday and Sunday to allow the use to operate as follows: Saturday – 7:00am to 12:00pm, Sunday – 8:00am to 12:00pm.

Key Issues and Discussion

Planning Permit 0065/18 was issued on the 9 August 2018 and allows the use of the land as a restricted recreation facility (F45 Gym) in a Commercial 1 Zone and the display of internally illuminated business identification signage. The application before Council seeks to increase operation hours associated with the existing F45 Gym as detailed below:

Existing Operation Hours Proposed Operation HoursMonday to Friday6am - 10:45am and 5pm - 6:45pm

Monday to Friday 5.30am - 8pm

In considering the proposed extension of operation hours Council must seek to strike a balance between realising the purpose of the Commercial 1 Zone and adequately managing off-site amenity impacts. Fulfilling the purpose of the zone and key directives of the planning policy framework, whilst also maintaining reasonable off-site amenity expectations will enable the delivery of an acceptable planning outcome.

The purpose of the Commercial 1 Zone is to ‘create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses’. Supporting the extension of operation hours and on-going operation of a gym, a popular business model, is deemed to directly align with the purpose of the zone by way of contributing to the vibrancy of the centre and in turn, the economic prosperity of the broader precinct in accordance with Clause 21.04 (Economic Development). The zone also aims to provide for ‘residential uses at densities complementary to the role and scale of the commercial centre’. It is clear through this aim that the primary purpose of the zone is to support the commercial function and the community offerings the centre can provide. The secondary role of the zone is to allow for residential uses, but only where it is complementary to the role and scale of the commercial centre. It therefore follows that the allowance of residential uses within this zone should not compromise the commercial role of the centre and amenity expectations should be tempered having regard to the site context.

Amenity expectations that come with residing within a General Residential or Neighbourhood Residential Zone differ from the expectations of persons residing within a Commercial Zone, particularly a site which is also located within a Neighbourhood Activity Centre. The subject site is located within a Neighbourhood Activity Centre, a key retail and recreational hub whereby policy seeks to concentrate activity (Clause 11.03-1S - Activity Centres). Whilst amenity expectations should be tempered having regard to the site context, this does not warrant a complete disregard for off-site amenity impacts. To ensure the protection of reasonable amenity expectations, namely to the apartments located at No.1408-1410 High Street and the nearest residential property at No.72 Horace Street (both hereafter referred to as the ‘two sensitive receivers’), a number of amenity conditions were included within

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Planning Permit 0065/18. One particular permit requirement included the submission of a follow-up Acoustic Report.

A follow-up Acoustic Report prepared by Acoustic Dynamics (dated 27 Nov 2019) was submitted to Council in accordance with Condition 13. Based on an inspection and acoustic measurements undertaken on Friday 11 and Monday 14 January 2019, the report confirmed the use is currently operating in compliance with all of the amenity permit conditions. More specifically it found that: The noise environment at the site is dominated by traffic and trams along High Street. A compressor (servicing the adjacent tenancy) located in the loading bay at the rear of

1418 High Street was the dominant commercial noise source in the car park area on the south side of the subject site.

The classes conducted during the on-site measurements on Friday 11 and Monday 14 January 2019, from 5:30am to 7:00am, involved approximately 25 members which is considered to be representative of typical operational levels for this time of the day. While Condition 4 allows 36 patrons and 2 staff, the increase in noise emissions associated with an additional 11 patrons is predicted to be acoustically insignificant.

Glass windows and doors are kept closed at all times except when patrons enter and exit. Further, double glazing has been installed along the southern façade.

There is no excessive noise when patrons exit and enter. Up to two (2) staff monitor the behaviour of patrons. Amplified music is restricted to an appropriate level during classes. Weights are located in the weight area, with gym vibration flooring installed. During the most sensitive hours of the day:

o Noise emissions comply with the night time requirements of SEPP N-1 and SEPP N-2 as it relates to the two sensitive receivers.

o The southern (rear) façade of the gym complies with Lamax levels and Local law noise limits including rooftop mechanical plant, music and vehicle noise emissions.

o Internal noise emissions comply with the Australian Standard including mechanical plant, patron and vehicle noise and music emissions.

Whilst external noise emission levels were deemed to be compliant, to reduce the likelihood of exceedance and to further protect the amenity of adjacent residences, the Acoustic Report recommended internal noise levels be closely controlled to ensure internal reverberant noise levels do not exceed 74 dBA and the following be implemented: Installation of a digital decibel meter within the fitness area. Correct training of staff and patrons in noise management. Instruct trainers to monitor the installed decibel meter during a class and reduce music

levels and speech as necessary. Strict adherence to the maximum internal noise level during the operation of classes

(inclusive of promotional activity), and, An internal and external compliance noise emission measurement can be conducted

during peak operation of an early morning class to ensure appropriate music playback, instructor speech and operational noise levels remain in compliance.

To accredit the assessment method and findings of the follow-up Acoustic Report Council engaged an external acoustic consultant, Marshall Day Acoustics (MDA), to undertake a peer review. In direct consultation with Marshall Day Acoustics a number of revisions were undertaken, with the final Acoustic Report deriving the following external feedback and commentary: The Acoustic Dynamics assessment has adopted the appropriate legislation and

guidelines and satisfactorily addresses them.

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MDA have no reservations with respect to the technical content of the assessment detailed within the report and, as such, accepts the conclusions and recommendations detailed within the report.

MDA are satisfied with the proposed opening hours of 5:30am.

Based on the findings of the Acoustic Report and confirming peer review and subject to the recommendations being implemented via permit condition, the proposal is considered to be appropriate and will not result in unreasonable off-site amenity impacts.

In light of the above, the proposal is considered to be in keeping with the purpose of the Commercial 1 Zone and will not result in any unreasonable adverse off-site amenity impacts, subject to the conditions detailed within the ‘Recommendation’ Section of this report.

Objections

In response to the notification process, a number of objections were received and have been outlined and discussed below:

The use results in excessive noise emissions associated with patrons entering and exiting the premises to the carpark and disruption of sleep. Further, the current noise levels are unacceptable and an extension will worsen existing conditions.

Officer Response: As discussed within the ‘Key Issues and Discussion’ Section of this report, the findings of an Acoustic Report, which has been accredited by a peer review, confirms the use is currently operating in compliance with the relevant standards and that it will not result in unreasonable noise emissions. Nevertheless, any amended permit issued will require the submission of a Patron Management Plan, and a follow-up Acoustic Report within three (3) months of the commencement of the extended operation hours to assess background, patron and music noise emissions on at least two separate dates between 5:30am-7am. The report must demonstrate compliance with the noise limits set by any relevant State Environment Protection Policy, including the sleep disturbance criteria to the satisfaction of the Responsible Authority. If any exceedance is detected, the report must include remedial recommendations for approval by the Responsible Authority. All approved remedial action must be undertaken on site within 3 months of the submission of the acoustic report to Council. The measurements must be conducted near the closest and most affected residential receivers, being 72 Horace Street and 1408-1410 High Street (or 78 Horace Street).

Current start times are not being adhered to and there is non-compliance with noise suppression directives from Council’s planning and health department.

Officer Response: Enforcement action against claims of non-compliance has been undertaken, resulting in the submission of the Section 72 amendment application. Standard amenity conditions will remain on any amended permit issued to ensure Council continues to reserve the right to enforce compliance and protect the amenity of the surrounding area. A follow-up Acoustic Report will also assist Council in determining whether compliance is being maintained.

Car parking restrictions should be applied to Horace Street and there is difficulty parking within the area, particularly on weekends.

Officer Response:

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Clause 52.06-6 (Car Parking) states that where a use is not specified at Tale 1 of Clause 52.06-5, car parking must be provided to the satisfaction of the responsible authority. As such, there was no formal permit requirement to reduce or waive car parking. Planning Permit 0065/18 deemed the proposed parking supply to be appropriate. Nevertheless, it is noted that operation hours on weekends will remain unchanged and needs during the day can be met along High Street, whereby restricted parking is available to ensure there is car parking turn-over.

Conclusion

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

The proposal is consistent with the Commercial 1 Zone, the purpose of which is to ‘create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses’.

The use has no direct abuttals to residentially zoned land, with the carpark to the rear providing an adequate buffer between the subject site and land zoned General Residential. Further, the noise environment at the site is dominated by traffic and trams along High Street.

The use currently operates in accordance with the Planning Permit 0065/18. All acoustic measures have been complied with and the Acoustic Report prepared in accordance with Condition 13 has been deemed adequate via an external peer review process.

Noise generation has been tested to ensure compliance with SEPP N-1 and SEPP N-2 as it relates to the two sensitive receivers. Further, the southern (rear) façade of the gym complies with Lamax levels and Local laws, and internal noise emissions will comply with the Australian Standard.

Governance Compliance

Conflicts of Interest Disclosure

No Council Officer and/or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.

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 & Responsibilities Act 2006.

Attachments

1. 65/18 - 1412-1416 High Street, Malvern [13.6.1 - 4 pages]

Officer Recommendation

That Council AUTHORISE Officers to issue a Notice of Decision to Amend Planning Permit No: 0065/18 for the land located at 1412-1416 High Street, Malvern under the Stonnington Planning Scheme to allow for an extension of operation hours, subject to the following conditions:

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1. Before the commencement of the 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 plans date stamped 04 May 2017 but modified to show:

a) Impact sound absorbing flooring as identified in section 4.1 of the acoustic report to be shown on the proposed floor plans.

b) The addition of an acoustic air lock door between the gym floor space and door at the rear of the site.

c) The door at the rear of the site to be double glazed.d) Signage in accordance with no.2 of the recommendations to be shown on

the proposed floor plans. e) The glass to the windows and door at the shop front to be clear glass.f) The double doors at the front of the premises to be retained.g) Free weights area to be identified on the plans.h) Car parking spaces at the rear of the site to be 4.9 metres long in

accordance with Clause 52.06-9.

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

3. A minimum of two (2) bicycle parking spaces for patrons and staff must be provided on site at all times, in accordance with Australian Standard AS 2890.3 1993 Parking facilities Part 3: Bicycle parking facilities.

4. A maximum number of 36 patrons and 2 staff may be on the premises at anyone time to the satisfaction of the Responsible Authority.

5. The use hereby permitted must only operate between the following hours: Monday to Friday - 5.30am to 8pm Saturday - 8:00am to 12:00pm Sunday - 9:00am to 12:00pm

6. Prior to the commencement of use, the applicant must display a sign at the exit of the premises advising patrons to respect the amenity of adjacent residential areas and to leave in a quiet and orderly manner, to the satisfaction of the Responsible Authority.

7. The glass windows/doors of the proposed gym are to be kept closed at all times (other than when patrons enter and exit the premises).

8. The use of weights heavier than 25kg is restricted within the gym.

9. Free weights are to be restricted to the free weights area only and not used in the functional training area.

10. The noise level of background music within the gym should be kept to an appropriate level, to enable speech intelligibility in the gym and to ensure patrons are not required to raise their voices while in the gym. Internal noise levels must be closely controlled to ensure internal reverberant noise levels do not exceed 74dBA to the satisfaction of the Responsible Authority.

11. Noise emanating from the subject land must comply with State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2, to the

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satisfaction of the Responsible Authority. Any works required to ensure and maintain the noise levels from the premises in compliance with this policy must be completed prior to the commencement of the use or occupation of the site and maintained thereafter, all to the satisfaction of the Responsible Authority.

12. 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.

13. An acoustic report is to be provided to the Responsible Authority within three (3) months of the commencement of the extended operation hours to assess background, patron and music noise emissions from the indoor recreation facility on at least two separate dates between 5:30am-7am. The report must demonstrate compliance with the noise limits set by any relevant State Environment Protection Policy, including the sleep disturbance criteria to the satisfaction of the Responsible Authority. If any exceedance is detected, the report must include remedial recommendations for approval by the Responsible Authority. All approved remedial action must be undertaken on site within 3 months of the submission of the acoustic report to Council. The measurements must be conducted near the closest and most affected residential receivers, being 72 Horace Street and 1408-1410 High Street (or 78 Horace Street). The Acoustic Report must be to the satisfaction of the Responsible Authority,

14. Before the commencement of the extended operation hours, a noise and amenity patron management plan must be submitted to the satisfaction of the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. All activities forming part of the use must comply with the endorsed plan. The plan must include:

a) Staffing and other measures which are designed to ensure the orderly arrival and departure of patrons.

b) Internal signage to be used to encourage responsible off-site patron behaviour

c) Staff communication arrangements.d) Measures to control noise emissions from the premises including the

installation of a digital decibel meter within the fitness area and undertaking internal and external compliance noise emission measurements during peak operation of an early morning class to ensure appropriate music playback, instructor speech and operational noise levels remain in compliance.

e) Strict adherence to the maximum internal noise levels of 74dBA during the operation of classes (inclusive of promotional activity).

f) Training of staff and patrons in noise management, including to ensure trainers are instructed to monitor the installed decibel meter during a class and reduce music levels and speech as necessary.

15. The location and details of the signs, including those of the supporting structure, must be in accordance with the endorsed plans, unless otherwise agreed in writing by the Responsible Authority.

16. The signs must be maintained to the satisfaction of the Responsible Authority.

17. The signs must not contain any flashing or moving light.

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18. The sign hereby permitted must only be illuminated during the hours of operation of the business on the subject land.

19. This permit, as it relates to signage, expires 15 years from the permit issue date.

20. This permit will expire if the sign is not erected within two (2) years of the date of this permit. The Responsible Authority may extend the periods if a request is made in writing before the permit expires or within the timeframe specified in Section 69 of the Planning and Environment Act 1987.

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

a) The use is not started within two (2) years from the date of this permit.b) The use is discontinued for a period of two (2) years or more.

In accordance with Section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing within the prescribed timeframes, where the use allowed by the permit has not yet started.

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. 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; andii. Within 12 months after the permit expiry date, where the development

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

List of amendments: Condition Amendment Condition 10 Revised to ensure internal noise reverberant levels do not exceed

74dBA .Condition 13 Revised to require the submission of an Acoustic Report prepared

within of the commencement of the extended operation hours. New Condition 14 A requirement to submit a Patron Management Plan. Conditions 15-21 Subsequent re-numbering of conditions as a result of the inclusion of

new Condition 14.

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13.7 Planning Amendment 303/01 - 199 Commercial Road, South Yarra

Manager Statutory Planning: Alex Kastaniotis Director Planning & Place: Stuart Draffin

Purpose of Report

For Council to consider an application for a Section 72 Amendment Application to the approved Planning Permit No. 303/01 to allow amplified music at the first floor terrace of 199 Commercial Road, South Yarra.

Officer Recommendation Summary

That Council authorise Officers to issue a Notice of Decision to Grant a Section 72 Planning Permit subject to conditions outlined in the Officer Recommendation.

Executive Summary

Applicant: Circus BarWard: NorthZone: Clause 37.08 – Activity Centre Zone Overlay: Clause 43.01 – Heritage Overlay (HO126)

Clause 43.02 – Design and Development Overlay (Schedule 18)Clause 43.03 – Incorporated Plan Overlay (Schedule 3)

Date Lodged: 06 February 2019Statutory Days:(as at Council Meeting date)

124

Trigger for Referral to Council:

Number of objections

Patron Numbers 260 (permitted) Number of Objections: 43Consultative Meeting: Yes – held on 12 February 2020Officer recommendation Notice of Decision to Grant a Section 72 Planning Permit

Background

History

Planning Permit No. 303/01 was issued on 16 April 2003 under the direction of Victorian Civil and Administrative Tribunal. The permit allowed use of the premises as a Tavern, extension of trading hours and waiving of car parking.

Key components of the VCAT Permit are outlined as follows:

The use as a Tavern must only operate between the hours of: o Downstairs: Monday to Sunday – 7.00am to 7.00am o Upstairs (open first floor terrace area): Monday to Sunday – 7:00am to 5.00am

the following day including public holidays No more than 260 patrons are permitted on the premises at any one time.

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No live performances requiring musical instruments or any amplified speaker system shall occur on the roof top terrace.

No external amplified music or public address system or speaker system shall be installed on the roof top terrace.

External lighting shall be provided with suitable baffles and/or located so as to minimize the emission of lighting outside the site, to the satisfaction of the Responsible Authority.

An amendment to the permit was approved on 6 December 2019 pursuant to a Section 72 of the Planning and Environment Act 1987. The approved amendment is amended for (emphasis added):

Amendment to permit preamble

Use of the premises as a tavern as a Tavern, extension of trading hours, waiving of car parking and building and works in an Activity Centre Zone and Heritage Overlay

Amendment to the plans

Construction of a toilet to the first floor northern / rear elevation, and Internal reconfigurations to the first floor space

The Proposal

The applicant seeks to amend permit Conditions 4 and 5. The proposed changes are outlined in the following table:

Current condition Amendment soughtCondition 4 No live performances requiring

musical instruments or any amplified speaker system shall occur on the roof top terrace.

Deleted

Condition 5 No external amplified music or public address system or speaker system shall be installed on the roof top terrace.

External amplified music shall only occur between 2pm and 10pm on the first floor terrace.

The applicant seeks to include the amplified speaker system on the first floor plan. The applicant submitted an Acoustic Report (R2 dated 4 October 2019, prepared by Renzo Tonin & Associates and Council received on 23 October 2019) for Council’s assessment.

The applicant does not seek amendment to the permit preamble.

Site and Surrounds

The site is located on the north-east corner of Commercial Road and Market Street. It is approximately 32.6 metres east of Prahran Market and 83.1 metres west of the intersection with Chapel Street.

The subject land has the following significant characteristics:

The subject land is regular in size and has a total site area of approximately 190 square metres.

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The subject land provides a frontage of 6.1 metres to Commercial Road and has a depth of 31 metres.

The subject land consists of a double storey building that is used as a Tavern (known as ‘Circus Bar’) operating under the Planning Permit No. 303/01. As shown on the endorsed floor plans, it is noted that: o The ground floor is comprised of the main entry, the reception, the cloakroom,

the bar area, the dance space and seating areas. o The first floor comprises an office, the storage space, a bar section and the roof

terrace seating space covered by the skillion roof.

The subject land has the following interfaces:

To the immediate south, the subject land abuts Commercial Road. Directly on the opposite side of the street is a mixed use development at No. 212 Commercial Road, South Yarra, comprising a range of retail and offices uses and with access via Commercial Road and Cato Street at the rear.

To the immediate north, the subject land abuts an unnamed lane that serves a loading bay to both Aldi and Prahran Market.

To the immediate west, the subject land abuts Market Street. Directly on the opposite side of the street is a retail building at No. 195-197 Commercial Road, South Yarra.

To the immediate east is a retail building at No. 201 Commercial Road, South Yarra. Importantly, it is noted that the closest residential use is contained in the mixed use

development at the intersection between Chapel Street and Commercial Road (known as No. 325 Chapel Street, Prahran), which has a diagonal distance of approximately 30 metres from the subject land.

Broadly, the subject land is situated within the Prahran Precinct in the Major Activity Centre of Prahran / South Yarra. It is well serviced by public transport with tram services on Commercial Road / Malvern Road and Chapel Street. The properties to the east along Chapel Street provide a wide range of commercial services and are recognised as the main commercial spin of the South Yarra, Prahran and Windsor suburbs.

Previous Planning Application/s

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

Planning Permit No. 82/8 was issued on 1 March 1982. The permit allowed construction of an extension to the then existing restaurant.

Planning Permit No. 92/766 was issued on 17 December 1982. The permit allowed painting of building and alterations to the restaurant.

Planning Permit No. 95/356 was issued on 22 August 1995. The permit allowed alteration to the existing building including a roof deck, use of premises as a bar / restaurant with a General Liquor Licence Glass 2 and to extend the hours of operation from 1:30am to 7:00am.

Planning Permit No. S1304/96 was issued on 24 April 1997. The permit allowed construction of a first floor extension to the existing building for use as a storeroom and servery in association with the existing bar / restaurant.

Planning Permit No. 67/97 was issued on 17 May 1997. The permit allowed use of the premises as a Tavern (bar) with a General Licence class 2 and maximum patronage of 150 persons internally and 50 persons on the first floor area.

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Planning Permit No. 1012/98 was issued on 26 November 1998. The permit allowed building and works to repair fire damage.

Planning Permit No. 1120/02 was issued on 29 November 2002. The permit allowed construction of lightweight roof structure for weather protection to air-conditioning equipment.

Planning Permit No. 55/03 was issued on 17 March 2003. The permit allowed demolition of the existing shopfront and construction of the shopfront replacement.

Planning Permit No. 303/01 was issued on 16 April 2003 under the direction of Victorian Civil and Administrative Tribunal. The permit allowed use of the premises as a Tavern, extension of trading hours and waiving of car parking. The plans endorsed on 6 December 2019 under this permit are updated to reflect the approved building and works permitted under Permit No. 1120/02 and 55/03.

Planning Permit No. 556/11 was issued on 23 July 2013 under the direction of Victorian Civil and Administrative Tribunal. The permit allowed building and works in a Commercial 1 Zone, Heritage Overlay and Design and Development Overlay.

This application sought to install timber posts with a retractable awning in the rooftop terrace, timber screens to the southern edge of the first floor façade and daybeds in the floor space. It was refused on grounds that the proposal failed to respond to Council’s Heritage Policy as well as Urban Design Policy. The Tribunal accepted most of the proposal except the change to the first floor southern façade. As directed by the Tribunal, the applicant would install perforated lightweight aluminium screen pattern to the first floor southern façade in lieu of timber screening.

Additionally, Council’s records indicate that there were a number of compliance issues registered with Council’s Planning Department and the Local Laws Unit primarily related to noise and waste management. It is also noted that these compliance issues were resolved.

The Title

The site is described on Certificate of Title Volume 3298 Folio 500 / Lot 1 on Title Plan 87694. The Title has no restrictive covenants or easements that would be affected by this amendment.

Planning Controls

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

Zone

Clause 37.08 – Activity Centre Zone (Schedule 1)Pursuant to Sub-clause 3.0 of Schedule 1 to the zone, a permit is required to use the land as a tavern. The approval under the original permit stands.

Pursuant to Clause 37.08-5, a permit is required to construct a building or construct or carry out works.

Overlay

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Clause 43.01 – Heritage Overlay Pursuant to Clause 43.01-1 a permit is required to demolish or remove a building, and construct a building or construct or carry out works.

Clause 43.02 – Design and Development Overlay (Schedule 18)Pursuant to Schedule 18 of the overlay, a 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).

Clause 43.03 – Incorporated Plan Overlay (Schedule 3)Schedule 3 to the overlay references late night liquor trading in the Chapel Street Precinct: Measuring the Saturation Levels and regulates the operating hours and patron capacity.

Particular Provisions

Clause 52.06 – Car parking Pursuant to Clause 52.06-2, before a new use commences the number of car parking spaces specified under Clause 52.06-5 must be provided on the land prior to the commencement of a new use.

As the approved use remains unchanged in this amendment, this Clause is not triggered.

Clause 52.27 – Licensed Premises Pursuant to Clause 52.27, a permit is required to use land to sell or consume liquor if any of the following apply:

A licence is required under the Liquor Control Reform Act 1998. A different licence or category of licence is required from that which is in force. The hours of trading allowed under a licence are to be extended. The number of patrons allowed under a licence is to be increased. The area that liquor is allowed to be consumed or supplied under a licence is to be

increased.

As the amendment does not involve any changes to the existing licence, the Clause is not triggered.

Relevant Planning Policies

Clause 11.03.03-1S Activity Centres Clause 13.05-1S Noise Abatement Clause 13.07-1S Land Use Compatibility Clause 15.01 Built Environment Clause 17.01 Employment Clause 21.03 Vision Clause 21.04 Economic Development Clause 22.10 Licensed Premises Clause 52.27 Licensed Premises Clause 65 Decision Guidelines

In addition to the above, the following documentation are of relevance:

o Planning Practice Note 61 (Licensed premises: Assessing cumulative impact)o Planning Practice Note 81 (Live Music and Entertainment Noise)

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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 three (3) signs on the site. The public notification of the application has been completed satisfactorily.

The site is located in North Ward and objections from 43 different properties have been received. The grounds of objections are summarised as follows:

Noise impact Safety concern Consequential impact on other businesses in the vicinity Amenity impact on the residential areas Cumulative impacts

A Consultative Meeting was held on 12 February 2020. The meeting was attended by Councillors Griffin and Koce, representatives of the applicant, objectors and a Council planning officer. The meeting did not result in any material change to the amendment application.

Further to the meeting, as requested by the objectors, the permit applicant and Council agreed to conduct a test run of the amplified speaker system at the first floor terrace between 2:00pm and 3:00pm, and between 9:00pm and 10:00pm on 13 March 2020.

Referrals

Local Laws

Local Laws has no objection to the proposed amendment.

Key Issues and Discussion

Existing Approval

It is important to note that the current permit allows use of the land as a tavern. The current Liquor Licence issued for the premises is a Late Night (on-premises) Licence for 260 patrons. The hours permitted under the permit as well as the Licence are:

Downstairs: Monday to Sunday – 7.00am to 7.00am Upstairs (open first floor terrace area): Monday to Sunday – 7:00am to 5.00am the

following day including public holidays

It is noted that none of the above restrictions are proposed to be altered by this amendment.

The Amendment

Essentially, this amendment seeks to allow amplified music on the first floor terrace between 2:00pm and 10:00pm. The central issue in this amendment concerns off-site amenity impacts particularly related to noise emissions.

Acoustic Reports

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When the amendment was first lodged, it was accompanied by an Acoustic Report (R1 dated 2 April 2019). The Report formed part of the information being advertised to the neighbouring properties in May 2019. Following the advertising period, in attempt to address officer concerns and the objections, the applicant submitted an updated Acoustic Report (R2 dated 4 October 2019, and Council received on 23 October 2019) for Council’s consideration.

Marshall Day Acoustic Pty Ltd were engaged by Council to conduct a peer review of the submitted Acoustic Reports. Marshall Day advised that the procedure in the original report (R1) and in the revised report (R2) are both appropriate to determine patron noise criteria, and the conclusions as well as recommendations in the revised report (R2) are supported.

The assessed Acoustic Report (R2) made the following recommendations:

Where noisy behaviour from patrons may affect residential amenity after 10pm, the roof and south most balcony curtain should be closed as a matter of best practice.

As the amplified music is proposed to be performed between 2:00pm and 10:00pm, the proposed hours are considered acceptable. A condition is recommended to ensure that amplified music will be ceased by 10:00pm.

The following typical venue management measures should be implemented:

o Demonstrate incorporation of safe design principles as detailed in the ‘Design Guidelines for Licensed Venues (Victorian Commission of Gambling and Liquor Regulation 2017)

o Install appropriate signage throughout the venue and in common areas instructing patrons on expected behaviour, including to minimise levels of noise whilst within the terrace area, and whilst leaving the premises

o The maintenance of a complaints registero Provide a telephone number to contact the premises, provided on the internet

page, and a notice put on the door; linked to the complaints registero Set out procedures to be undertaken by staff in the event of a complaint by a

member of the public, the Victoria Police, an ‘authorised officer’ of Council, or an officer of the Victorian Commission for Gambling and Liquor Regulation

o Details of training provide for bar staff in the responsible serving of alcohol.o Plans for measures to be taken by management and staff to ensure patrons do

not cause nuisance or annoyance beyond the land.

The recommended Venue Management Plan can be implemented by way of permit conditions.

Noise Impact

The following policies are relevant to amendment of this application:

At State level, Clause 13.05-1S (Noise Abatement) sets out the overarching policy basis for planning decisions relating to noise. It states that:

The Objective is ‘to assist the control of noise effects on sensitive land uses’. The Strategy is to ‘ensure that development is not prejudiced and community amenity

is not reduced by noise emissions, using a range of building design, urban design and land use separation techniques as appropriate to the land use functions and character of the area’.

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At local policy level, as stipulated at Clause 22.10 (Licensed Premises), for noise control, it is policy that:

Noise emissions from licensed premises should comply with the standards specified in the State Environment Protection Policies.

On-site noise attenuation measures be implemented where amenity impacts on surrounding uses may result from licensed premises.

Furthermore, Clause 53.06 (Live Music and Entertainment Noise) applies to a planning application for a live music entertainment venue or a noise sensitive residential use within 50 metres of a live music entertainment venue. This Clause also stipulates that a live music entertainment venue must be designed, constructed and managed to minimise noise emissions from the premises and provide acoustic attenuation measures that would protect a noise sensitive residential use within 50 metres of the venue.

In light of the above policy, the amendment is considered acceptable for the following reasons:

1. The amendment does not involve any new buildings and works to the existing building. In the existing condition, the ground floor is fully enclosed with walls and the first floor is enclosed with glazed screening and covered with a roof. As no space is fully open, it is considered a separation and buffer from the surrounding building including the closest residential use to the south-east at No. 325 Chapel Street, Prahran.

2. The assessed Acoustic Report (R2) considered the impact of patron and music noise impact when:

The music is performed at background music level; Outdoor background music hours: 2:00pm to 10:00pm; 80 patron capacity for outdoor rooftop area.

The assessed Acoustic Report (R2) identifies the following outcomes:

With the roof open and worst-case vertical drinking noise emissions in the rooftop bar, emitted noise levels are predicted to conform with the patron noise targets for all periods.

The combined music level from the indoor and outdoor areas was found to conform with SEPP N-2 at all times with indoor and outdoor systems at their operational volume limits.

As identified in the Acoustic Report, the relevant legislation for music noise is the State Environment Protection Policy (SEPP N-2), and to comply with SEPP N-2, the limit is applied outside the nearest dwelling, or if a dwelling shares a wall then the assessment location is inside the dwelling. In this case, the Report identified that the nearest noise receiver is located in the north-west corner of the mixed use building at 325 Chapel Street, and considered the existing noise from multiple sources including the subject site and the predicted noise resulting from the proposed amplified music. The outcome shows that in both cases (i.e. existing and proposed) the noise impact would comply with SEPP N-2.

In relation to patron noise, Table 8 of Chapter 6.1 in the Acoustic Report outlines how the noise impact complies when 80 patrons on the rooftop deck with the roof open.

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Whilst the testing and the results in the Acoustic Report are considered valid, two conditions are recommended:

Further acoustic testing and assessment within a reasonable period of time after the commencement of the amplified music would be required by way of permit conditions. This is to ensure that SEPP N-2 is achieved, so that noise when heard in the residential properties nearby does not overly exceed background noise limits to the satisfaction of the Responsible Authority.

In relation to patron numbers, the current permit allows for 260 patrons within the ground floor and the first floor levels of the existing building. However, as the test in the Acoustic Report was done with prescribed times and a fixed patron capacity, the number of patrons accommodated on the first floor should be limited to 80 when the amplified music is performed as recommended in the Acoustic Report. This will be reflected by way of permit conditions.

3. The Local Policy at Clause 22.10 requires compliance with relevant legislative noise controls. It also requires that the location of the licensed premises, its use, nature of surrounding uses and hours of operations, its zoning and the zoning of surrounding land be considered in the determination of the hours of operation of the licensed premise. Whilst the area consists of existing commercial uses, hotel use and the mixed use buildings (including the nearest residential use at No. 325 Chapel Street, Prahran), it is important to note that they are all contained in the Activity Centre Zone and within a principal activity centre. Directed by the policy, the assessment of amenity expectation within a principal activity centre is different to those that are located within a residential zone.

Having regard to the amendment at hand, the permitted use as a tavern and the extent of the permitted use (including operation hours and the patron capacity) remain unchanged. As such, it is considered reasonable to support the amplified music on the first floor terrace to the extent necessary in consideration of the surrounding land uses and provided that the recommended measures are appropriately implemented so as to maintain the amenity of existing residential uses.

4. As residential development in and around activity centres has increased and will continue to increase, conflict between residential and other land uses, including entertainment land uses, sometimes emerge as a consequence of these changes. Clause 53.06 (Live Music and Entertainment Noise) introduces the 'agent of change principle' to manage the relationship between live music venues and residential uses. In planning, this principle assigns responsibility for noise attenuation measures to the ‘agent of change’ – a new use or development that is introduced into an existing environment. An integrated approach is required to ensure entertainment and residential land uses can co-exist. This Clause requires the submission of an Acoustic Report in which recommended mechanisms and measures to mitigate noise impacts are entailed. As discussed above, the assessed Acoustic Report has had considerations of this Clause and all relevant requirements. Any recommendations as applicable and necessary will be reflected by way of permit conditions.

5. In addition, with regard to Condition 4, it states that ‘No live performances requiring musical instruments or any amplified speaker system shall occur on the roof top terrace.’ The applicant seeks the deletion of this condition. As discussed above, the amendment essentially seeks to install an amplified speaker system on the first floor terrace which does not extend to live performances requiring musical instruments to occur on the first floor terrace. As such it is recommended to amend this condition by

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deleting ‘amplified speaker system’ and read as ‘No live performances requiring musical instruments shall occur on the roof top terrace.’

Objections

Potential anti-social patron behaviour late at night

The objectors refer to instances of anti-social behaviour including property damage, vomiting, drunkenness, loud alcohol affected conversations and alcohol related harm on the streets.

In response, it is important to note that Chapel Street Precinct is known an important entertainment precinct of significant social and economic value. This amendment concerns an existing licensed premises and does not involve any changes to the permitted hours and patron capacity. As such, it is considered that the subject premises has no perceptible effect on the existing amenity of the area.

Consequential impact on other businesses in the vicinity

As outlined above, the permitted hours of operation and patron capacity remain unchanged. As such, it is considered that any consequential impact on the surrounds would be limited.

Request for acoustic assessment after a period of 6 months if any permit is issued

At the consultative meeting, the residents requested a review of the amplified speaker system after a period of 6 months if any permit is issued. The applicant is agreeable to this request. As such, a condition is recommended requiring that at the end of a period of six (6) months from the commencement of the amplified music on the first floor terrace, the operator of the premises is to provide an acoustic report demonstrating the compliance with relevant noise control requirements.

Recommended conditions

In light of the above, the following conditions are recommended:

Condition 1 to be included:

1. Before the commencement of the revised operating conditions, 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 described as Ground Floor Plan (prepared by Andrew Jamieson Drawing No. LC01), First Floor Plan and Elevations (both prepared by James Turner Design and Council date stamped on 20 August 2019) but modified to show:

a) The location of the amplified speaker system to be shown on the First Floor Plan.

To the satisfaction of the Responsible Authority.

Condition 4 to be amended and renumbered as:

5. No live performances requiring musical instruments shall occur on the roof top terrace.

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Condition 5 to be amended and renumbered as:

6. External amplified music on the first floor terrace mayl only occur between 2:00pm and 10:00pm and must be at background music level to the satisfaction of the Responsible Authority.

.7. The first floor terrace may only accommodate no more than 80 patrons at any

one time.

Conditions 8 – 11 (inclusive) to be included and read as follows:

8. Prior to the commencement of the amplified music on the first floor terrace, the permit holder must install a noise monitor and limiter in the premises which must be set by a qualified and experienced acoustician at a level to ensure compliance with State Environment Protection Policy No. N-2 (Control of Music Noise from Public Premises) at all times, to the satisfaction of the Responsible Authority.

9. The permit holder shall ensure that the level of noise emitted from the premises shall not exceed the permissible noise levels for entertainment noise as specified in the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N2.

10. Prior to the commencement of the amplified music on the first floor terrace, the permit holder must submit a Venue Management Plan which must include:

a) Update the First Floor Plan to show the locations of all amplified speakers;b) Demonstrate incorporation of safe design principles as detailed in the

‘Design Guidelines for Licensed Venues (Victorian Commission of Gambling and Liquor Regulation 2017);

c) Detail the locations where appropriate signage are installed throughout the venue and in common areas instructing patrons on expected behaviour, including to minimise levels of noise whilst within the terrace area, and whilst leaving the premises;

d) Demonstrate the maintenance of a complaints register;e) Provide a telephone number to contact the premises, provided on the

internet page, and a notice put on the door; linked to the complaints register;

f) Set out procedures to be undertaken by staff in the event of a complaint by a member of the public, the Victoria Police, an ‘authorised officer’ of Council, or an officer of the Victorian Commission for Gambling and Liquor Regulation

g) Details of training provide for bar staff in the responsible serving of alcohol.h) Plans for measures to be taken by management and staff to ensure

patrons do not cause nuisance or annoyance beyond the land.

To the satisfaction of the Responsible Authority.

11. At the end of a period of six (6) months from the commencement of the amplified music on the first floor terrace hereby approved, the operator of the premises is to provide an acoustic report prepared by a suitably qualified acoustic engineer, documenting incorporation of applicable music noise control measures and compliance with State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2 to the satisfaction of the Responsible Authority.

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The report is to assess the use of the amplified speaker system as shown on the endorsed plans and must include:

a) The time and date during which noise levels are measured. b) The number of patrons present at the time which the noise levels are

measured.c) Measurements of the noise levels at the nearest residential building

(including the external terrace areas).d) Conclusions and recommendations concerning compliance with the

relevant State Environmental Protection Policies as they relate to noise emissions.

Following consideration of this report, Council may determine whether the use of amplified speaker system on the first floor terrace is appropriate.

If the use of the amplified speaker system is not to the satisfaction of the Responsible Authority, it must give the operator and owner written notice of that and the use of the amplified speaker system in association with the tavern must thereafter be discontinued until all noise issues identified in the acoustic report must be addressed by the operator to the satisfaction of the Responsible Authority.

The remaining conditions to be renumbered

Conclusion

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

The tavern use of the land is existing and the amendment will not result in unreasonable additional amenity impacts within the area in particular with regards to residential use.

The amendment responds appropriately to relevant policy of the Stonnington Planning Scheme and relevant legislations.

The amendment will not result in any unreasonable noise impact subject to recommended conditions.

Governance Compliance

Conflicts of Interest Disclosure

No Council Officer and/or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.

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 & Responsibilities Act 2006.

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Attachments

1. 303/01 - 199 Commercial Road, South Yarra [13.7.1 - 2 pages]

Officer Recommendation

That Council AUTHORISE Officers to issue a Notice of Decision to Amend Planning Permit No: 303/01 for the land located at 199 Commercial Road, South Yarra under the Stonnington Planning Scheme for Use of the premises as a Tavern, extension of trading hours, waiving of car parking and building and works in an Activity Centre Zone and Heritage Overlay subject to the following conditions (new conditions underlined):

1. Before the commencement of the revised operating conditions, 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 described as Ground Floor Plan (prepared by Andrew Jamieson Drawing No. LC01), First Floor Plan and Elevations (both prepared by James Turner Design and Council date stamped on 20 August 2019) but modified to show:

a) The location of the amplified speaker system to be shown on the First Floor Plan.

To the satisfaction of the Responsible Authority.

2. The use or development allowed by this permit and shown on the drawings and/or schedule endorsed to accompany the permit shall not be amended for any reason without the consent of the Responsible Authority.

3. The use hereby approved must only operate between the hours of:a) Downstairs - Monday to Sunday - 7.00am to 7.00amb) Upstairs (open first floor terrace area) - Monday - Sunday - 7.00am - 5.00am

the following day, including Public Holidays

4. Not more than 260 patrons are permitted on the premises at any one time.

5. No live performances requiring musical instruments shall occur on the roof top terrace.

6. External amplified music on the first floor terrace may only occur between 2:00pm and 10:00pm and must be at background music level to the satisfaction of the Responsible Authority.

7. The first floor terrace may only accommodate no more than 80 patrons at any one time.

8. Prior to the commencement of the amplified music on the first floor terrace, the permit holder must install a noise monitor and limiter in the premises which must be set by a qualified and experienced acoustician at a level to ensure compliance with State Environment Protection Policy No. N-2 (Control of Music Noise from Public Premises) at all times, to the satisfaction of the Responsible Authority.

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9. The permit holder shall ensure that the level of noise emitted from the premises shall not exceed the permissible noise levels for entertainment noise as specified in the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2.

10. Prior to the commencement of the amplified music on the first floor terrace, the permit holder must submit a Venue Management Plan which must include:

a) Update the First Floor Plan to show the locations of all amplified speakers;b) Demonstrate incorporation of safe design principles as detailed in the

‘Design Guidelines for Licensed Venues (Victorian Commission of Gambling and Liquor Regulation 2017);

c) Detail the locations where appropriate signage are installed throughout the venue and in common areas instructing patrons on expected behaviour, including to minimise levels of noise whilst within the terrace area, and whilst leaving the premises;

d) Demonstrate the maintenance of a complaints register;e) Provide a telephone number to contact the premises, provided on the

internet page, and a notice put on the door; linked to the complaints register;

f) Set out procedures to be undertaken by staff in the event of a complaint by a member of the public, the Victoria Police, an ‘authorised officer’ of Council, or an officer of the Victorian Commission for Gambling and Liquor Regulation

g) Details of training provide for bar staff in the responsible serving of alcohol.

h) Plans for measures to be taken by management and staff to ensure patrons do not cause nuisance or annoyance beyond the land.

To the satisfaction of the Responsible Authority.

11. At the end of a period of six (6) months from the commencement of the amplified music on the first floor terrace hereby approved, the operator of the premises is to provide an acoustic report prepared by a suitably qualified acoustic engineer, documenting incorporation of applicable music noise control measures and compliance with State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2 to the satisfaction of the Responsible Authority.

The report is to assess the use of the amplified speaker system as shown on the endorsed plans and must include:

a) The time and date during which noise levels are measured. b) The number of patrons present at the time which the noise levels are

measured.c) Measurements of the noise levels at the nearest residential building

(including the external terrace areas).d) Conclusions and recommendations concerning compliance with the

relevant State Environmental Protection Policies as they relate to noise emissions.

Following consideration of this report, Council may determine whether the use of amplified speaker system on the first floor terrace is appropriate.

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If the use of the amplified speaker system is not to the satisfaction of the Responsible Authority, it must give the operator and owner written notice of that and the use of the amplified speaker system in association with the tavern must thereafter be discontinued until all noise issues identified in the acoustic report must be addressed by the operator to the satisfaction of the Responsible Authority.

12. Exterior lighting shall be provided with suitable baffles and/or located so as to minimise the emission of light outside the site, to the satisfaction of the Responsible Authority.

13. The collection of rubbish from the premises (other than normal Council collection) shall be conducted between the hours of 8.00am to 6.00pm. Mondays to Fridays.

14. Storage of garbage and other solid wastes must be to the satisfaction of the Responsible Authority such that adequate provision is made within the curtilage of the site, and the storage area is properly graded, drained and screened from public view.

15. Door to upper deck must be fitted with a self-closer and to remain closed apart from people passing through.

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

a) The development and use is/are 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.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within three months afterwards.

Notes

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

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13.8 Planning Application 0882/18 - 275 Waverley Road, Malvern East

Manager Statutory Planning: Alex Kastaniotis Director Planning & Place: Stuart Draffin

Purpose of Report

For Council to consider a planning application for demolition of a building and construction of a mixed use development in a Commercial 1 Zone and Heritage Overlay and a reduction in the car parking requirements at 275 Waverley Road, Malvern East.

Officer Recommendation Summary

That Council authorise Officers to issue a Notice of Decision to Grant a Planning Permit subject to conditions outlined in the Officer Recommendation.

Executive Summary

Applicant: Hartland GroupWard: EastZone: Commercial 1 ZoneOverlay: Heritage Overlay – Schedule 354Neighbourhood Precinct: East Malvern Terminis VillageDate Lodged: 27 August 2018Statutory Days:(as at Council Meeting date)

33

Trigger for Referral to Council: 4 storeysNumber of Objections: Three (3)Consultative Meeting: No Officer Recommendation Notice of Decision to Grant a Planning Permit

Background

The Proposal

The plans that form part of the basis of Council's consideration were prepared by Hartland Group and are known as Drawing No.TP01 Council date stamped 19 December 2018, Drawing No.TP00 Council date stamped 25 March 2019 and Drawing No’s TP02-TP10 Council date stamped 25 March 2019.

The application was also accompanied by a Traffic Impact Assessment Report (TIAR) prepared by Quantum Traffic, a Sustainability Management Plan (SMP) prepared by Frater, a Waste Management Plan (WMP) prepared by Leigh Design Pty Ltd and an Arboricultural Report prepared by PSY Inv Pty Ltd.

Key features of the proposal are: Demolition of the existing heritage building and associated outbuildings. Construction of a four storey commercial building comprising a shop, food and drink

premises and office at ground floor and an additional eleven offices at the upper floors. The proposed office space will have a total net leasable floor area of 1,146 square

metres.

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A total of eleven car spaces are proposed on-site within a basement and an additional two car spaces are provided at grade accessed via the laneway to the rear of the site. One car space is allocated to the food and drink premises, one car space is allocated to the shop and eleven car spaces are allocated to the offices.

Provision of six bicycle parking spaces at ground floor. Provision of shower / change room facilities within each upper office level. The maximum building height proposed is approximately 13.8 metres from natural

ground level to the top of the parapet, with a two storey street wall (6.9 metres high) to Waverley Road. The levels above the street wall are setback 1.42 metres at second floor and 8.6 metres at third floor from the Waverley Road frontage. The lift core is located on the western side of the roof with an additional height of 1.5 metres.

Rear setbacks range from between 2-7.9 metres at ground floor, 2.44 metres at first floor, 4.7 metres at second floor and between 7.8-10 metres at third floor.

The building will be constructed on the eastern and western boundaries across all levels with the exception of the bike parking area at ground floor and the light court areas provided along the east to the upper office floors. These light court areas measure approximately 22 square metres.

A contemporary design is proposed incorporating a variety of external finishes including timber cladding, white glazed brick, render finishes and perforated metal panels.

A new canopy is provided above the footpath to Waverley Road (measuring 1.8 metres in depth) as well as planter boxes and seating on Waverley Road.

Pedestrian access to the offices is located both from Waverley Road as well as from the rear of the site via a pedestrian path located on the western boundary.

Amended plans Council date stamped 13 November 2019 were formally submitted to Council as revised application plans to address officer concerns as well as concerns raised by Council’s Transport Department and Urban Designer. The original application included a car stacker system. It was considered this system would likely cause disruption to the rear laneway traffic as well as act as a potential source of noise to the residential properties adjoining the laneway. As the result, the applicant amended the plans. The difference between the original plans and the amended plans are as follows:

Deletion of the at grade car stacker accommodating thirty-two car spaces. Addition of one basement level accommodating eleven car spaces with an additional

two car spaces provided at grade to the rear of the property. Relocation of the front entrance from the east to the west side of the façade. Combination of the two ground level shops into one and the addition of one office at

ground floor in the proximate area of the previous car stacker system. Third floor reconfigured and office areas amalgamated resulting in the loss of one

office space. A total of twelve offices still remain. Replacement of the east and west facing light courts with one east facing light court

across all levels and consequential window alterations. Ground floor rear northern façade setback increased from 3.2 metres to 7.9 metres as

a result of the deletion of the car stacker system. A portion of the third floor rear setback (area accommodating toilets and showers)

reduced from 10 metres to 7.9 metres. Lift and lift overrun relocated from the east to the west side of the building.

The amended plans Council date stamped 13 November 2019 were formally re-advertised in November 2019.

The applicant has also formally submitted to Council further amended plans as revised application plans being Drawing No’s TP02-TP10 Council date stamped 25 March 2020, as

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well an amended Traffic Impact Assessment Report (TIAR) prepared by Quantum Traffic Council date stamped 25 February 2020 and an amended Sustainability Management Plan prepared by Frater Council date stamped 20 February 2020.

The amended Sustainability Management Plan and Traffic Impact Assessment Report reflect the changes listed above.

The amended plans Council date stamped 25 March 2020 show the following changes: The addition of fixed privacy screening to all the second floor and third floor north

facing windows. Reinstatement of notations regarding overall building heights on the south, east and

west elevations as well as the height of the lift overrun. The overall building height remains the same at 13.8 metres above natural ground level.

Photovoltaic (PV) system location shown on roof plan. Adjustable shading devices to east facing light court windows.

Formal public notification of the amended plans Council date stamped 25 March 2020 did not occur given the changes will not result in increased detriment (noting the changes made to the screening of windows were made in response to objector concerns).

Site and Surrounds

The site is located on the northern side of Waverley Road, approximately 130 metres west of the intersection of Waverley Road and Darling Road. The site has the following significant characteristics: The site is regular in shape with a frontage to Waverley Road of 15.24 metres, a depth

of 39.62 metres, and a total area of 603 square metres. The land has a gradual fall from front to back (south to north) of less than 1 metre. The site is currently occupied by a two storey commercial building with a flat roof

constructed of yellow brick which is constructed abutting the front and west boundaries with a pedestrian access to the front of the site adjacent to the east boundary. The remainder of the site is fully paved. There is a balcony at the first floor facing Waverley Road and an advertising sign fixture and canopy cantilevered over the footpath.

The ground floor of the existing building operates as a dry cleaner. Vehicle access to the site is via a roller door accessed from a 3.65 metre laneway to

the rear of the site.

The subject site is located within a small Neighbourhood Activity Centre identified as the East Malvern Terminus Neighbourhood Centre and fronts a ‘Tram Priority Route’. More specifically, the No. 3 tram route operates along Waverley Road, terminating at Darling Road to the east. A bus service is also located along Darling Road.

The East Malvern Terminus Neighbourhood Activity Centre includes a range of commercial uses, such as shops, offices and food and drinks premises. Most of the existing buildings within the Activity Centre are single and double storey in height. However, more recent infill developments/approvals tend to have a more robust built form. These include, for example the constructed four storey mixed-use development to the west at 253 Waverley Road, the approved four storey developments which are yet to be constructed at 302-306 Waverley Road which is south-east of the subject site, and the four storey mixed use development approved at 280 Waverley Road to the south-west of the subject site.

The subject building is an ungraded building located within the Waverley Road Heritage Precinct (HO354). The Waverley Road Heritage Precinct extends along most of the nearby

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commercially zoned land along Waverley Road and is of regional significance as a good representative example of an Edwardian and interwar shopping strip.

The Statement of Significance for this precinct from the Waverley Road Shops Urban Conservation Area study notes that:

‘The Waverley Road shopping centre is of regional significance as a representative, largely intact commercial shopping precinct focused on the end of a tram line’ and ‘Its development is illustrative of the interdependence of public transport and suburban development as part of Melbourne¹s development, especially in the late Federation and interwar periods’.

The site interfaces with adjoining properties as follows: To the north is a 3.65m wide laneway which extends along the rear of the site between

Beech Street to the east and a north-south laneway to the west. The laneway provides access primarily to properties fronting Waverley Road. Further north of the laneway are two double storey brick dwellings with hipped roofs. These dwellings are not subject to the Heritage Overlay and are located within the Neighbourhood Residential Zone. Their secluded private open space is located to the north of the dwellings away from the subject site. A number of habitable room windows are located along the southern façade which face the subject site.

To the south (opposite side) of Waverley Road is a row of single and double storey terrace commercial buildings with flat roofs constructed with a range of materials such as brick and render. The uses are predominately office or retail and are located within the Heritage Overlay.

To the east is a single storey white rendered terrace within the Heritage Overlay constructed on the common boundary with the subject side. The building is currently being used as a pharmacy. Two non-significant trees are located within the rear setback of the site.

To the west is a double storey rendered commercial building with a flat roof and a balcony at the first floor constructed along the common boundary with the subject site as well as along the western boundary. This building which is also located within the Heritage Overlay appears to be vacant.

Previous Planning Application/s

A search of Council records indicates no relevant planning applications.

The Title

The site is described on Certificate of Title Volume 04645 Folio 965 and no covenants or easements affect the land.

Planning Controls

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

Zone

Commercial 1 Zone

Pursuant to Clause 34.01-4 a permit is required to construct a building or construct or carry out works.

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Pursuant to Clause 34.01-1 a permit is not required to use the land for a retail premises (food and drink premises), shop or office uses.

Overlay

Clause 43.01 – Heritage Overlay (Schedule 354)

Pursuant to Clause 43.01-1 a permit is required to demolish or remove a building and to construct a building or construct or carry out works.

Particular Provisions

Car Parking

Pursuant to Clause 52.06-2 a new use must not commence until the number of car parking spaces required under Clause 52.06-5 is provided on the land.

As the site is located within the Principal Public Transport Network area, the proposed office use generates a statutory parking requirement of 3 spaces to each 100 square metres of net floor area. The office space will have a total net leasable floor area of 1,146 square metres and therefore 34 car spaces are required for this use.

The proposed shop use generates a statutory parking requirement of 3.5 spaces to each 100 square metres of net floor area. The shop will have a total net floor area of 99 square metres and therefore 3 car spaces are required for this use.

The proposed food and drink premises use generates a statutory parking requirement of 3.5 spaces to each 100 square metres of net floor area. The food and drink premises will have a total net floor area of 71 square metres and therefore 2 car spaces are required for this use.

A total of 13 car spaces are proposed, allocated as follows:• 1 shop space.• 1 food and drink premises space.• 11 office spaces.

This equates to a car parking reduction of 26 car spaces overall (2 shop spaces, 1 food and drink premises space and 23 office spaces) under Clause 52.06-5.

Pursuant to Clause 52.06-3 a permit is required to reduce the number of car parking spaces provided on the land.

Bicycle Facilities

Pursuant to Clause 52.34-1 a new use must not commence until the required bicycle facilities have been provided on the land.

Pursuant to Clause 52.34-5, 1 bicycle space is required for staff for an office to each 300 square metres of net floor area if the net floor area exceeds 1000 square metres and 1 space to each 1000 square metres of net floor area for a visitor if the net floor area exceeds 1000 square metres. Therefore, the office use generates a requirement for 5 bicycle spaces based on a net floor area of 1,146sqm.

Pursuant to Clause 52.34-5 a shop/café requires 1 space for staff to each 300 square metres of leasable floor area and 1 space for visitors to each 500 square metres of leasable

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floor area. This results in the requirement of 1 bicycle space for the shop/food and drink premises use based on a combined leasable floor area of 170 square metres.

Accordingly, the statutory bicycle parking requirement for the proposed development is 6 bicycle spaces.

A total of 6 wall hanging rails are provided for within a designated bicycle parking area at ground floor to the rear of the building. Therefore the proposal meets the requirements of Clause 52.34.

Relevant Planning Policies

Clause 15 Built Environment and HeritageClause 17.01 Employment Clause 21.03 VisionClause 21.04 Economic DevelopmentClause 21.06 Built Environment and HeritageClause 21.08 Infrastructure Clause 22.05 Environmentally Sustainable DevelopmentClause 22.18 Stormwater Management (WSUD)Clause 34.01 Commercial 1 ZoneClause 43.01 Heritage OverlayClause 52.06 Car ParkingClause 52.34 Bicycle FacilitiesClause 65 Decision Guidelines

Advertising

The application has been advertised pursuant to Section 52 of the Planning and Environment Act 1987 by sending notices to the owners and occupiers of adjoining land (and by placing one sign along the Waverley Road frontage and one sign along the rear laneway on the site). The public notification of the application has been completed satisfactorily.

During this time, the application attracted an objection from one (1) property.

The application was re-advertised following submission of the amended plans Council date stamped 13 November 2019. The advertisement was undertaken pursuant to Section 52 of the Planning and Environment Act 1987 in November 2019 by sending notices to the owners and occupiers of adjoining land and previous objectors (and by placing one sign along the Waverley Road frontage and one sign along the rear laneway on the site). The second public notification of the application has been completed satisfactorily.

During this time, the proposal attracted one (1) supplementary objection from the existing objector, as well as an additional two (2) objections.

The site is located in East Ward and three (3) objections have been received. The key grounds of objection are:

Car parking provision Traffic congestion Laneway access Overlooking

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Visual impact from the rear Query regarding location of services

Referrals

Comments from the relevant internal units of Council are summarised as follows:

Urban Design (comments based on re-advertised plans dated 13 November 2019)

Subject to the satisfactory resolution of the below items, the proposal is generally supported:- The proposed street awning is excessively bulky and should be refined in depth

to (at a minimum) match the awning depth of the adjoining property to the East (No.283 Waverley Road). It appears to be approximately double the depth of the adjoining awning and should be reduced by half.

- The provision of a schedule of cladding materials and colour scheme to Council’s satisfaction.

Planner Note:

The above matters can be addressed via permit conditions should the development be approved. It is noted that the detail regarding the materials/colour scheme was omitted from the re-advertised documentation and will need to be reinstated as part of any approval.

Transport and Parking (comments based on re-advertised plans dated 13 November 2019) It is generally accepted by the Transport and Parking Unit that office use is most

readily mode-shifted to non-car travel, but that only applies in areas where the surrounding on-street car parking is restricted.

There is unrestricted parking abutting residential property in the surrounding road network. It is therefore considered highly likely that any staff not allocated a parking space will seek parking in nearby residential streets.

In more heavily developed areas near major activity centres such as Chapel Street this parking shortfall is likely a reasonable outcome, but in an area with a primarily lower density residential make-up, it would not be viewed as appropriate.

Trams offer public transport access, but in this location it would be reasonably assumed that with the lack of on-street parking restrictions most staff members would choose to drive to the site when parking could be available around the site, rather than use these other modes of transport.

The proposal appears to be too intense for the site, given the parking shortfall projected. In this location it is recommended that the required parking provision be catered for entirely on-site, or at least a much larger portion.

The dimensions of the car parking spaces are in accordance with the Planning Scheme and can be supported.

The applicant has provided a swept path diagram plan to demonstrate a B99 vehicle exiting and entering each at-grade space to the rear. It is noted that these movements assume that vehicles would be entering/exiting from Beech Street. Based on the layout of the area, it is assumed that most vehicles would enter via Beech Street as there is a dead end in the laneway past the site.

The swept paths demonstrate that access can be achieved in a single movement from these spaces, without crossing over the property boundaries or adjacent parking spaces, which can be supported.

The plans indicate the installation of bicycle parking facilities on the ground floor. Considering the significant car parking shortfall, bicycle spaces must be provided to

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encourage staff and visitors of the development to cycle. This would ideally be much greater than the Planning Scheme requirement for the development.

The dimensions and details of these bicycle parking spaces have not been included on the plans.

Planner Note:

As noted above, Council’s Transport Department have not raised concern with access/egress from the proposed car spaces. Matters concerning car parking provision and traffic generation are discussed further in the assessment section of this report. The matter regarding bicycle parking dimensions can be addressed via a condition of any approval granted.

Infrastructure (comments based on re-advertised plans dated 13 November 2019)

The rear right-of-way has a distinct central invert however it is imperative that the level of the edge of the ROW where the access is proposed, is not lowered or changed in any way otherwise the stormwater runoff from the ROW is likely to be channeled into the basement.

Permit conditions are required regarding the legal point of discharge, drainage design and footpath levels.

Planner note:

These requirements can form a condition of any approval granted.

Environmentally Sustainable Design- ESD (comments based on re-advertised plans dated 13 November 2019)

The areas (m2) entered into BESS under Building Composition does not align with the areas provided on drawings TP00.

The Applicant proposes the provision of carbon monoxide monitoring to the basement carpark. An annotation is to be provided on basement plans.

A commitment is made to a 5kW Photovoltaic (PV) system which is to be shown on the roof plan including a notation detailing the number of panels and total system capacity.

Office G1 has particularly poor daylight amenity with only 11% of its floor area achieving a daylight factor (DF) greater than 2%.

The dimensions of the light court are to be included on the plans. A notation is to be included on the south elevation confirming the proposed screen is

operable. There is now a commitment to have “external adjustable shading (e.g. adjustable

louvres, external blinds etc.) to be provided to all windows on the east (light court) and north facades” which is to be detailed/noted on the elevations.

A notation is to be included on the Basement Plan confirming the rain water tank is to be connected to all the toilets on the ground and first floor.

The size of the rain water tank in the basement is to be increased to 10,000L as per the revised STROM report.

The plans detail wall mounted overhead bicycle parking facilities. It should be noted that AS 2890.3-2015 Bicycle parking facilities – Bicycle parking now includes the following: “Bike parking facilities shall be designed to include a minimum of 20% of ground level (horizontal) BPDs (Bike Parking Devices) in any bicycle parking facility. Note: This is to provide for those riders unable to lift a bicycle to a hanging BPD, and for parking of non-standard bicycles.

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A commitment is made to provide 11 bicycle parks however only 6 are detailed on the plans.

The provision of 8 lockers for cyclists is to be noted on the plans. BESS credit 2.2 has been claimed for convenience of recycling. However, the bin store

on plans is to be annotated to confirm co-location of recycling.

Planner Note:

The majority of these matters can be addressed via conditions of any approval granted. It is noted the revised plans dated 25 March 2020 include details of the solar panels on the roof as well as external adjustable shading along the east light court windows. With regard to the concerns raised around daylight access received to office 1, this has been discussed further in the assessment section of this report.

Heritage (comments based on original plans dated 19 December 2018)

Given that the existing building is ungraded and contributes little to the broader heritage overlay precinct, its demolition is acceptable subject to an appropriate replacement design.

The fourth storey has been setback a substantial distance from the front title boundary to ensure it will not dominate the streetscape.

The front facade has been articulated to reflect the subdivision pattern of Edwardian and interwar buildings along Waverley Road.

The scheme will not have an adverse impact on the Waverley Road Heritage Precinct (HO354), and can be supported.

Parks (comments based on original plans dated 19 December 2018)

The tree report lists a distance of 3m between the location of the adjacent trees in the neighbouring property and the closest excavation works.

The architectural plans appear to indicate that a solid wall is being constructed along the eastern boundary.

In any case, the trees are not ‘significant’ based on the sizes listed in the report. If there is an objection from the tree owners, then the applicant could enter into an agreement for landscape replacement if they are affected by the construction works.

Planner Note:

The existing building currently has an outbuilding constructed on the eastern boundary adjacent to the neighboring trees in approximately the same location of the proposed eastern boundary wall. Furthermore, this area adjacent the trees is currently full paved and the amended plans (Council date stamped 13 November 2019) now provide for a landscape apron area adjacent these trees. It is further noted that no objection was received from the adjoining property in relation to the trees.

Waste (comments based on original plans dated 19 December 2018)

The requirement for waste management services within any commercial tenement/s will depend entirely upon the eventual type of usage conducted at the premises. Notwithstanding, and presuming ‘shared bin’ arrangements, this development would

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be entitled to 3 x 240 litre mobile garbage bins collected weekly plus be entitled to access up to 6 x 240 litre mobile garbage bins collected fortnightly.

The submitted Waste Management Plan (WMP) responded well to the waste management challenges presented in the plans.

Planner Note:

It is noted that an updated Waste Management Plan has not been submitted as part of the amended plans which now includes one less shop area (noting the previous two shop areas have now been combined into one). The requirement for an updated Waste Management Plan will form a condition of any approval granted.

Key Issues and Discussion

Strategic Context

The overarching policies and objectives at both a State and Local level support the development and growth of activity centres that are highly accessible to the community, and encourage a broad range of land uses, such as retail, office, services, entertainment and residential.

Council's Municipal Strategic Statement (MSS) identifies the site as being within a small Neighbourhood Activity Centre, known as the East Malvern Terminus Activity Centre at Clause 21.03 (Vision) of the Planning Scheme. The strategic vision for new development in activity centres is to contribute to the vibrancy, activity and passive surveillance of streets and public spaces, while respecting the heritage values, human scale and the unique character of different centres. A relevant objective of the MSS is to support proposals that will achieve more effective use of commercial properties. On individual sites, a balance of land use is sought with a preference for retail uses at ground level and office and/or residential uses in upper levels. The subject site fronts Waverley Road and therefore falls within a "substantial change area" pursuant to Clause 21.03

A strategy of the MSS is to identify, by way of Structure Plans and urban design frameworks, locations within activity centres and mixed use areas that could accommodate an increase in office space to facilitate business and employment development in Stonnington. Of relevance to this site is the Activity Centers Strategy June 2016, although it must be noted currently the strategy is in a draft and is being reviewed. However, it earmarks this commercial precinct (Malvern East Terminis) for developments of four storeys in height with upper levels setback 5 metres from the street frontage.

The proposal seeks to construct a new four storey mixed use building comprising a retail tenancy, food and drink premises and twelve offices. The proposed uses of the new building are consistent with this vision and will contribute to improving the local economy with increased employment opportunities. In accordance with the strategy of Clause 17.01-1S the development improves access to jobs closer to where people live by increasing the capacity of the land for commercial office uses.

The proposed development which includes a large increase in office tenancies meet all the objectives for professional and business uses in Clause 17- Economic Development; particularly by making provision for increased local employment in a broader range of commercial activities. In addition and consistent with Clause 21.04-1- Economic

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Development, the volume of new office tenancies located in the same building will attract and foster businesses and take advantage of Stonnington's locational assets which can provide local employment opportunities for the local community. These uses are well located to benefit from existing infrastructure and the surrounding activity centre amenities, including easy access to public transport on Waverley Road.

The development also meets the objectives of Clause 21.08-3- Infrastructure by reducing on-site car parking and providing bicycle parking and change facilities, thereby promoting sustainable transport, particularly active modes such as walking and cycling.

Assessment of the built form, heritage, amenity and traffic impacts is provided below.

Heritage

The subject building is an ungraded double-storey building located within the Waverley Road Heritage Precinct (HO354).

The Statement of Significance for this precinct from the Waverley Road Shops Urban Conservation Area study notes that:

The Waverley Road shopping centre is of regional significance as a representative, largely intact commercial shopping precinct focussed on the end of a tram line. Its development is illustrative of the interdependence of public transport and suburban development as part of Melbourne¹s development, especially in the late Federation and interwar periods. The nexus between tram, shopping precinct and dormitory suburb was clearly of significance to the development of surrounding area. The high proportion of original and early shopfronts found in the extant building stock greatly enhances that significance.

Council’s Heritage Policy (Clause 22.04) seeks to discourage full demolition of significant buildings. It is proposed to demolish the existing non-contributory building in order to redevelop the site with a four storey mixed use development.

Council’s Heritage advisor has reviewed the proposal and advises that the existing building contributes little to the broader heritage overlay precinct and its demolition is acceptable, on the basis that the replacement development is sympathetic to the scale, setback and significance of the heritage precinct.

In terms of the new works in commercial areas, Council’s Heritage Policy (Clause 22.04) seeks to:

Ensure that new buildings:

- Are built to the front property boundary across the entire width of the lot.- Complement the ground and first floor proportions and street wall height of

adjoining significant or contributory buildings.- Include shopfronts which complement the general form and proportion of

glazing and openings of adjoining original or early shopfronts if any.- Include a simple contemporary verandah design consistent with the form and

scale of adjoining verandahs.- Discourage drop down awnings and vertical blinds visible from the street.

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Ensure that upper levels above the street wall:

- Complement the height, scale and setbacks of any adjoining significant or contributory buildings.

- Are contained within an envelope created by projecting a sight line from 1.7 metres above ground level on the opposite side of the street.

The proposed development has a double storey street wall height to Waverley Road of 6.9 metres, with the second storey setback 1.42 metres from Waverley Road and the third storey setback 8.6 metres. It is considered that the substantial setback provided for the upper most level will not appear dominating in the streetscape and will ensure the new building is respectful of the original buildings so that their heritage character and significance is not undermined. The double storey street wall height is also characteristic of a number of heritage properties within the vicinity of the site, both along the northern and southern sides of Waverley Road.

An important aspect of the design is ensuring that the detail and materials are complementary to the heritage precinct whilst not mimicking original elements. A contemporary development will provide a contrast to the heritage precinct which will be clearly distinguishable from surrounding heritage buildings.

Council’s Heritage Advisor has confirmed that the proposed materials and colours are a sympathetic design response to the heritage precinct and the front facade has been articulated to reflect the subdivision pattern of Edwardian and interwar buildings along Waverley Road.

As such, it is considered the proposal will not be at odds with the existing built form found within this heritage precinct and the proposal can be supported from a heritage perspective.

Built Form

As previously outlined, the site enjoys strategic policy support for a four storey mixed use development in this location. With regard to the urban context of the site, the prevailing character is that of single and double storey built form. However in recent times this pocket of Waverley Road has seen the emergence of larger scale approved developments of up to four storeys within the activity centre, and up to three storeys outside the borders of the activity centre. Of particular relevance is the approval of a four storey development to the rear of the retained heritage building located south-east of the site at 302-306 Waverley Road on the corner of Fisher Street, the approved four storey mixed use building at 289 and 293 Waverley Road east of the site and the approved four storey mixed use building at 280 Waverley Road located south-west of the subject site.

The application is considered to be a site responsive design which will sit comfortably within the existing and emerging streetscape. The building has appropriately responded to surrounding built form context by providing a two storey street wall to Waverley Road with a height of 6.9 metres. Above this, the second and third floors are setback 1.42 metres and 8.6 metres behind the façade respectively. The proposed street wall height and upper level setbacks to the front of the building are consistent with that envisaged for this area by the Draft Activity Centers Strategy June 2016 and are compatible with the recent redevelopments in the immediate surrounding area as noted above.

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The proposed street wall height to Waverley Road is consistent with the adjoining building to the west as well as the double storey terrace commercial dwellings opposite the subject site which are two storeys in height on the boundary. Furthermore, the approved development at 280 Waverley Road is constructed to the street boundary to a height of three storeys. The façade provides generous amounts of clear glazing to activate the street frontage and offers passive surveillance of the street. The façade detailing seeks to integrate the development with the adjoining properties by incorporating face brickwork punctured by glazed openings with some timber cladding detail. Above the street wall the upper floors are treated with glazing and render finishes which are articulated by external perforated panels as well as timber cladding. These materials allow the upper level façade to appear lightweight in contrast to the street wall design.

Directly to the north are double storey dwellings that front Beech Street. These dwellings are within the Neighbourhood Residential Zone and as such are unlikely to undergo any significant change. For these reasons, a sensitive visual transition to these residential properties is important for any development on the subject site. The proposed upper level setbacks at the rear are considered to be sufficient to reduce visual bulk and provide a sensitive visual transition between the existing lower scale buildings within the residentially zoned land to the north of the laneway and the more intense built form envisaged fronting the main road to the south.

To the rear, the proposal provides increasing setbacks to each level of the building, ranging from 2.44 metres to 7.8-10 metres at the third floor. The varied setbacks allow for articulation both horizontally and vertically, and differing materials along the southern facade including white brick and light and dark coloured rendered finishes with punctured glazing will help to break up the mass of the built form.

The proposed construction to each side boundary provides equitable development opportunities to both the west and east. Directly to the east is a single storey building and to the west are is a double storey building, both built to the boundary with the subject site and located within the Commercial 1 Zone. The building is proposed to be built to the eastern and western boundary across all levels (with the exception of the eastern light court areas and bike parking area). It is considered that the four storey height of the building and boundary construction is reasonable and will not prejudice the development opportunities of the adjoining properties within the Commercial 1 Zone as a result of the subject development. The western and eastern facades are also treated with contrasting colours at each level, as to break up the expanse of wall which be visible on the approach from the east and the west along Waverley Road.

Furthermore, the scale of the proposed development does not adversely impact off site amenity as there is no overshadowing, loss of daylight, overlooking or visual bulk impacts. These elements are discussed in further detail below.

The awnings policy at Clause 22.21 seeks to ensure that awnings maintain an appropriate height and setback from the street and are consistent with the character of the building and the streetscape. The proposed awning is a simple horizontal structure which extends across the shop frontage of the site. The awning will extend 1.8 metres over Waverley Road and will be located 2.9 metres above the footpath. The awning will have a depth of 600mm. As noted by Council’s Urban Designer, the proposed depth of the street awning as viewed from the street appears bulky and should be refined in depth to (to match the awning depth of the adjoining property to the East at 283 Waverley Road. It appears to be approximately double

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the depth of the adjoining awning and should be reduced by half. This will ensure consistency with the setbacks of other awnings along Waverley Road and a permit condition will require the awning to be reduced in depth by 300mm.

On balance, the design appropriately responds to the heritage context, the neighbourhood activity centre setting and its emerging character, and the interface with neighbouring properties, all whilst providing adequate internal amenity for future occupants of the building. Thus the overall scale of the development can be supported.

Amenity Impacts

The Commercial 1 Zone also requires consideration of the overlooking and overshadowing as a result of building or works affecting adjoining land in a General Residential Zone, Neighbourhood Residential Zone, Residential Growth Zone or Township Zone.

Although not applicable to this development, Standard B21 (Overshadowing) and Standard B22 (Overlooking) of Clause 55 (two or more dwellings) is a reasonable measure of overlooking an overshadowing for new developments in a residential zone.

Overshadowing

Due the subject site being located on the northern side of Waverley Road the majority of the shadows cast by the new building will fall over Waverley Road and no shadow will fall onto the residential properties to the rear (north) of the site.

The buildings to the east and west of the site are used for commercial purposes and due to the orientation of the land the proposed building will cast some shadow over the two lots to the west in the morning and the two lots to the east in the afternoon.

The majority of the shadow cast will fall on the roofs of the existing commercial buildings.Considering the boundary to boundary construction within this commercial strip where full site coverage is common, the extent of the shadow cast is reasonable, particularly as it is anticipated the adjoining lots will be redeveloped at some point in the future.

Overlooking

It is noted that of the proposed windows along the northern façade of the building, it is only the first floor windows that are located within 9 metres of the opposite habitable windows of the dwellings to the north.

An objector raised concern with regard to potential for overlooking from the northern aspect of the building into the residential dwellings along the rear laneway and the need for permeant fixed durable screens to these windows. Previously, the north facing western most second floor window and the two north facing third floor windows were proposed with clear glass. As per the amended plans Council date stamped 25 March 2020, the applicant has now revised the plans to show fixed privacy screening to 1.7 metres above finished floor level along all the northern façade of the building at the second level and third levels in response to the concerns raised by the objector.

Permit conditions will however require a notation on the plans confirming the screens are no more than 25% transparent.

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Noise

While the capacity of the land has been intensified, the bulk of the increase is for office uses which generally produce low noise emissions and also typically do not operate in the evening or on the weekend. Additionally the offices will act as a buffer between the commercial strip and the shop and food and drink premises which will further reduce the noise emissions.

To ensure the amenity of surrounding properties is not impacted, a permit condition will require noise emanating from the subject land to not exceed the permissible noise levels when determined in accordance with State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade).

Car Parking and Traffic

As consistently held by the Tribunal, car parking within Activity Centres and particularly those within inner city areas must be assessed in a centre-wide manner. Various uses within an Activity Centre are to share on-street, public and private car parking facilities, without necessarily being required to provide all of the car spaces generated as part of a proposal on the land itself.

The development proposes 13 car spaces accessed via the rear lane. The car parking will be allocated as 1 shop and 1 food and drink premises parking spaces at ground level, and 11 office spaces within the basement. A reduction is being sought for 2 spaces associated with the shop and 1 food and drink premises, and 23 spaces for the offices. A reduction of this nature is not uncommon for developments in an activity centre that is well serviced by public transport (buses and trams on Waverley Road and several train stations within 1.2 kilometres of the site).

The long term parking demand to be generated by the shop/food and drink premises is expected to be reasonably catered for with the two designated spaces for these uses, given the small shop areas proposed. This is also generally consistent with the existing conditions in which only one parking space is currently provided associated with the previous dry cleaner.

The submitted traffic report prepared by Quantum Traffic dated 25 February 2020 includes car parking surveys conducted in the vicinity which identified that there are sufficient spaces available on the street to accommodate the short term and peak long term parking demand for the retail component of the development.

With regard to the surrounding road network, it is noted that a section of the southern portion of Beech Street has 1P (west side) and 2P (east side) restrictions, which apply 9am-5pm Monday to Saturday. A portion of Fisher Street has 2P restrictions along both sides, which apply 9am-6pm Monday to Friday. The applicant has provided spot parking surveys which were undertaken on a Wednesday at 9am, 12:30am, 1:30pm and 2:30pm. The findings of the report are as follows:

A total of 73 car spaces were surveyed, which represent the most proximate area likely to be utilised.

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The peak demand time was recorded at 2:30pm, when a total 54 parked cars were recorded within the survey area, resulting in 19 vacant spaces and a percentage occupancy of 74%.

The number of vacancies varied between 19-26 vacant spaces across all survey periods within the survey area with an average of 22 vacant spaces.

Furthermore, with regards to traffic generation, the report includes an AM and PM peak hour traffic survey undertaken of the Beech Street/Laneway intersection. The survey concludes that the laneway to the rear of the site was observed to have a two-way volume of 0 movements in the AM peak and 2 movements in the PM peak. Beech Street was observed to have a two-way volume of 43 movements in the AM peak and 47 movements in the PM peak. This level of traffic was deemed relatively low in the context of an arterial road/local road intersection.

In addition to the above, it is considered that the proposed parking waiver can be supported and the proposal will not cause significant traffic and parking impacts for the following reasons:

The site has good access to alternative modes of sustainable transport with tram and bus services operating in close proximity to the site, the use of which is encouraged by State and local planning policy.

The basement footprint takes up the majority of the site, and due to access/egress requirements, there is limited scope to add additional parking on site. The applicant previously proposed a 32 car space at grade stacker system which would have likely caused increased traffic congestion to the rear laneway and Beech Street and added to the bulk of the development. While the basement layout results in the reduction of on-site car spaces, on balance, a reduction in the car parking requirement is considered to be more appropriate outcome than reducing the number of office spaces.

Practice Note 22: Using the Car Parking Provisions (June 2015) details that in activity centres, car parking issues have a part to play, but should not dominate when assessing an application for a use or development. There is a nexus between the level of activity, the car parking supply and access by other modes. The practice note details that ’where a change of use or a relatively small extension is consistent with the strategic plan for the centre and car parking cannot easily be provided, it will often be more sensible to reduce the car parking requirement rather than prevent the use or development’.

The development provides a total of 6 bicycle parking spaces (although 11 have been identified within the submitted Sustainable Management Plan). Permit conditions will require the 11 bicycle spaces to be indicated on the plans, as committed to in the SMP. This will exceed the requirements at Clause 52.34 by 5 spaces.

Partial waiver of the parking requirement is consistent with Council’s Sustainable Transport Policy which encourages use of more sustainable modes of transport (e.g. walking, cycling and public transport).

It is also commonly held by the Tribunal that while land uses and developments in Commercial zones must have regard to the adjoining residential zone, the same level of amenity cannot be expected by those in the interfacing residential area.

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The applicant has provided a traffic and parking survey which found that there is parking available within the survey area to accommodate some of the parking demand associated with the proposed retail, shop and office uses.

It is considered that a partial waiver of the parking requirement will also enhance the pedestrianisation of the centre through improved integration and function of the tram terminus.

Office is a land use where car parking should be minimised as travel to and from office uses has the largest impact on the arterial road network.

Given the smaller size of each of the individual office spaces, these offices are likely to be leased by independent companies, attracting smaller local businesses.

Ultimately on the basis this proposal will provide commercial spaces consistent with the policy intentions for this site, and for the reasons outlined above, a reduction in the required number of car spaces is considered acceptable.

Sustainable Design Assessment

The proposed building design attempts to respond to Council’s sustainability objectives as required by the local policy at Clause 22.05. It is considered that areas of concern raised by Council’s ESD officer can be readily addressed via conditions included on any permit issued.

Council’s ESD officer has however raised concern with the daylight access afforded to the ground level office (office G1). Office G1, being 11.3% of its floor area achieving a daylight factor (DF) greater than 2%.

Council’s Best Practice Standards require the following for non-residential developments:

Achieve a daylight factor of at least 2.0% for at least 30% of the floor area of regularly occupied primary spaces.

On balance, the remaining eleven offices will receive adequate levels of daylight and the proposed development as a whole has achieved an acceptable ESD outcome.

While a portion of the ground floor office does not meet Council’s Best Practice Standards with regard to daylight, this is considered acceptable when considering the ground floor office will achieve adequate indoor environment quality through other means such as through the provision of three large north facing windows providing a connection to the external environment, as well as windows oriented toward the eastern light court area. These windows will also allow for the office space to be adequately ventilated. It should be further noted that the development also offers renewable energy generation with a large number of solar panels provided on the roof of the new building. Variation to Council’s best practice standards therefore can be supported.

The submitted updated Water Sensitive Urban Design Response Council date stamped 18 February 2020 (STORM Rating Report) indicates that the development will meet best practice requirements (being a 100% rating) with a STORM rating of 132% through the provision of a 10,000 litre rainwater tank. The rainwater tanks are proposed to be located within the basement. A 5,000L capacity for the water tanks in shown on the basement plan

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and a permit condition will require this to be updated as to be consistent with the updated STORM report submitted.

Other matters

The Development summary on TP00 also incorrectly refers to the previous floor areas and ESD notes and a permit condition will require this to be updated to reflect the floor areas and ESD measures as per the amended plans.

Furthermore, the street furniture (i.e. tables/chair and planter boxes) shown on Waverley Road has not been applied for with Council’s Local Laws Department. The applicant has advised this is indicative only and therefore a condition of permit will require this to be deleted from the plans.

Objections

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

Query regarding location of services

A condition of permit will require the location of any plant and equipment (including air-conditioning units) to be shown on the plans. A condition of permit will also require that 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. All plant and equipment 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.

Council should introduce to Beech Street and Ash Grove permit zone restrictions

Permit zone restrictions falls outside of the planning scheme provisions and is administered by Council’s Transport and Parking Department.

Conclusion

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

The proposal enjoys strategic support by State and Local Planning Policy; The proposed commercial use is a beneficial addition to the local economic diversity of

the activity centre; The proposal represents a site responsive design which is in keeping with the

preferred character of the heritage precinct as well as the East Malvern Terminis Village;

The proposed built form will not have unreasonable impacts on the amenity of neighbouring residential properties;

The proposal provides sufficient parking for the intended use given the site’s proximity to public transport and provision of bicycle parking on site.

Governance Compliance

Conflicts of Interest Disclosure

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No Council Officer and/or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.

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 & Responsibilities Act 2006.

Attachments

1. 882/18 - 275 Waverley Road, Malvern East [13.8.1 - 13 pages]

Officer Recommendation

That Council AUTHORISE Officers to issue a Notice of Decision to Grant a Planning Permit No: 882/18 for the land located at 275 Waverley Road, Malvern East under the Stonnington Planning Scheme for demolition of a building and construction of a mixed use development in a Commercial 1 Zone and Heritage Overlay and a reduction in the car parking requirements subject to the following conditions:

1. Before the commencement of the 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 amended plans (identified as Drawing No’s: TP00-TP10, Revision F, prepared by Hartland Group, received 13 November 2019) but modified to show:

a) A schedule of construction materials, external finishes and colours.b) Deletion of all indicative street furniture and planters from the Waverley

Road footpath. c) The awning over Waverley Road to be reduced in depth by 300mm. d) A notation confirming the privacy screens along the north elevation are no

more than 25% transparent. e) The development summary and ESD Notes on TP00 updated to refer to the

correct floor areas as per the plans submitted for endorsement. f) The location of any plant and equipment (including air-conditioning units)

to be shown on the plans in accordance with Condition 15. Any screening of plant services on the rooftop to be set back from the building edge.

g) The provision of eleven bicycle spaces as identified in the submitted BESS report. The bicycle parking facilities are to be designed to include a minimum of 20% of ground level (horizontal) bicycle parking devices and dimensions and details of these bicycle parking spaces are to be shown indicated on the plans as to be in accordance with Clause 52.34-6 of the Stonnington Planning Scheme.

h) The provision of carbon monoxide monitoring to the car park annotated on the basement floor plan.

i) The dimensions of all the light court areas. j) A notation included on the south elevation confirming the proposed

screens are operable.k) External adjustable shading (e.g. adjustable louvres, external blinds etc.) to

be provided to all windows on the north facade and to be detailed on the elevations.

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l) The size of the rain water tank in the basement to be increased to 10,000L as per the submitted STORM report. A notation is to be included on the Basement Plan confirming the rain water tank is to be connected to all the toilets on the ground and first floor.

m) The provision of 8 lockers for cyclists as identified in the submitted BESS report to be noted on the plans.

n) Bin store to be annotated to confirm co-location of recycling.

All to the satisfaction of the Responsible Authority.

2. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason, without the prior written consent of the Responsible Authority.

3. Prior to 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 SMP is to be generally in accordance with the SMP prepared by Frater dated 7 February 2020 , but modified to:

a) Refer to the new layout shown on the plans submitted for endorsement.b) Update the areas (m2) entered into BESS under Building Composition to

align with the areas on the plans submitted for endorsement.

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.

4. Prior to the commencement of the use of the building 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.

5. Prior to the endorsement of any plans pursuant to Condition 1, the applicant must provide an updated Water Sensitive Urban Design Response addressing the Application Requirements of the Water Sensitive Urban Design Policy to the satisfaction of the Responsible Authority. All proposed treatments included within the Water Sensitive Urban Design Response must also be indicated on the plans. The WSUD is to be generally in accordance with the one prepared by Frater dated 7 February 2020.

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

7. Prior to the endorsement of any plans pursuant to Condition 1, a Waste Management Plan (WMP) must be submitted to and approved by the

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Responsible Authority. The WMP is to be generally in accordance with the WMP prepared by Leigh Design dated 19 December 2018, but modified to:

a) Refer to the new layout shown on the plans submitted for endorsement.

8. The level of the footpaths and/or laneways must not be lowered or altered in any way to facilitate access to the site.

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

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

12. Adequate provision must be made for the storage and collection of wastes and recyclables within the site prior to the commencement of use or occupation of the building. This area must be appropriately graded, drained and screened from public view to the satisfaction of the Responsible Authority.

13. The awning must be constructed and maintained to the satisfaction of the Responsible Authority.

14. Prior to the occupation of the building/commencement of use, the walls on the boundary of the adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.

15. 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.

16. Noise emanating from the subject land must not exceed the permissible noise levels when determined in accordance with State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1, to the satisfaction of the Responsible Authority. Any works required to ensure and maintain the noise levels from the development are in compliance with this policy must be completed prior to the commencement of the use or occupation of the site and maintained thereafter, all to the satisfaction of the Responsible Authority.

17. 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

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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.

18. 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 have been constructed in accordance with the approved design and the relevant planning permit conditions. Certification of the completed drainage from the Engineer must be provided to Council prior to a ‘Statement of Compliance’ being issued for the subdivision.

19. The existing right-of-way footpath levels must not be lowered or altered in any way at the property line to facilitate the basement ramp.

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

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

permit.c) The use is not commenced within five years of the date of this permit.d) The use is discontinued for a period of two years or more.

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

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. 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.

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13.9 Planning Application 1133/16 - 3, 5 & 7 Percy Street, Prahran

Manager Statutory Planning: Alex Kastaniotis Director Planning & Place: Stuart Draffin

Purpose of Report

For Council to consider a planning application for construction of a multi-unit development in an Activity Centre Zone and use of the land for dwellings at 3, 5 & 7 Percy Street, Prahran.

Officer Recommendation Summary

That Council authorise Officers to issue a Notice of Decision to Grant a Planning Permit subject to the conditions outlined the Officer Recommendation.

Executive Summary

Applicant: Travis Walton ArchitectureWard: SouthZone: Activity Centre Zone, Schedule 1Overlay: NoneDate Lodged:Date Revised:

01 December 201604 July 2019

Statutory Days:(as at Council Meeting date)

122

Trigger for Referral to Council: Building of four storeysNumber of Objections: Four (4)Consultative Meeting: NoOfficer Recommendation Notice of Decision to Grant a Planning Permit

Background

The Proposal

The plans that form part of the basis of Council's consideration were prepared by Travis Walton Architecture and are known as Drawing No’s: DR10, DR11, DR12, DR13, TP01 Rev A, TP02 Rev A, TP03 Rev A, TP04 Rev A, TP05 Rev A, TP06 Council date stamped 20 December 2019. Revised Landscape Plans L-TP01-[B] and L-TP02-[B] were received by Council on 13 January 2020.

The application now seeks to construct a four-storey apartment building, comprising 13 dwellings with a total of 14 car parking spaces provided in a basement garage accessed via a single width entry to Percy Place. The key changes include reconfigured apartment layouts to comply with Clause 55.07 (Apartment Developments); reduction in the overall building height from 14.13 metres to 12.99 metres; upper level setbacks increased to the street (south and east); and subsequent variations to other setbacks to the north and west.

Key features of the proposal are: Construction of a 4-storey apartment building comprising 13 new dwellings (12 x 1-2

bedroom apartments and 1 x 3-bedroom apartment).

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Basement level comprising car parking for 14 vehicles in an independent car stacker system, including 1 electric charge station, 14 bicycle parking spaces and 13 storage units.

Pedestrian entry lobby via Percy Street and vehicle access via single width crossover to Percy Place.

Overall building height of 12.99 metres and 100 per cent site coverage. Contemporary architectural expression with facades finished in brickwork, render and

metal cladding. Balconies are orientated towards the public realm and vary in size between 9 and 43

square metres in area. Landscaping provided in the form of planter boxes to both Percy Street and Percy

Place.

Site and Surrounds

The site is located on the north-west corner of Percy Street and Percy Place in Prahran, approximately 53 metres to the east of Porter Street. The site has the following significant characteristics: Comprises three lots known as No’s 3, 5 and 7 Percy Street with a combined area of

446 square metres. No appreciable fall in the land. A combined frontage to Percy Street of 18.29 metres and a side interface to Percy

Place of 24.38 metres. No. 3 Percy Street is developed with a single dwelling, which is built to the eastern

boundary and shares a party wall with the adjoining property at No. 5 Percy Street. A small paved courtyard exists at the rear north of the dwelling.

No. 5 and 7 Percy Street are developed with single storey brick dwellings. There is an existing crossover to the eastern boundary of 7 Percy Street, accessed via Percy Place.

All three dwellings are setback from the front boundaries by approximately 0.66 metres behind low front fences.

Key features of the adjoining sites are as follows:

North

To the north at 2 Percy Place, the land is currently being developed in accordance with Planning Permit 1270/17. This permit was issued by Council on 7 June 2018 and allows for the construction of an 8-storey apartment building comprising 50 apartments and 3 levels of basement parking catering for 62 car parking spaces. The development has an overall height of 25.3 metres and is setback up to 16.9 metres from the subject site (to the south). The southern wall is sloped at a 45-degree angle above the 3.6-metre high wall on the southern boundary. The site has an approximate area of 1000 square metres.

South

To the south across Percy Street is the rear of 107-111 High Street, Prahran. Council approved this development on 13 September 1999 under Planning Permit 61/99. The site has an approximate area of 1264 square metres and is developed with a 3-storey building used for offices and three dwellings, including basement car parking.

East

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To the east, across Percy Place, is a row of two-storey contemporary dwellings with first floor balconies oriented towards Percy Place (to the west).

West

To the west is a row of three, 3-storey attached townhouses. Each of the dwellings have car parking spaces at street level with the upper levels cantilevered above. The dwelling directly to the west (No. 1C Percy Street) has a two-storey wall constructed for the full length of the eastern boundary. The upper level of this dwelling is setback from the eastern boundary with windows oriented towards the subject site. A first floor terrace is located to on the northern side of the dwelling.

Wider area

Percy Street is a local road with parking along the south side of the street only. The land sits within a densely developed area on the fringe of the activity centre, surrounded by higher density development. The surrounding area within the Activity Centre Zone is undergoing substantial change with several tall buildings either approved with planning permits in place or under construction, namely 2 Percy Place (8-storeys), 99-101 High Street and 2 Porter Street (10-storeys), and 103-105 High Street (9 storeys).

Previous Planning Application/s

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

Planning Permit 408/16 issued for 3 Percy Street on 5 April 2018. The permit allows for the construction of a three-storey building, consisting of two dwellings and a reduction in the car parking requirement. The approved building has an overall height of 10.5 metres. Plans have not been endorsed to date and the permit will expire if works are not commenced prior to 5 April 2020, unless Council grants an extension of time to the permit expiry.

Planning Permit 1090/16 for 5 and 7 Percy Street issued on 9 August 2018 under delegation and allowed for the construction of a three storey mixed use building comprising a ground floor office and car parking area, and six dwellings above. Originally, the application proposed a five-storey building with a height of 17.2 metres. On 8 May 2018, amended plans were submitted to Council. The plans deleted the upper two levels from the building, reducing the overall height of the building to 10.95 metres. Plans have not been endorsed and the permit will expire if works are not commenced by 9 August 2020.

The Title

The site is made up three parcels of land known as 3, 5 and 7 Percy Street. The title details are as follows: 3 Percy Street is described on Certificate of Title Volume 09637 Folio 766 as Lot 1 on

Title Plan 101808Y. There are no covenants on the land. The land shares a party wall with 5 Percy Street.

5 Percy Street is described on Certificate of Title Volume 08725 Folio 724 as Lot 2 on Plan of Subdivision 081009 and no covenants affect the land. The site is affected by a sewerage easement to the rear of the lot and is subject to a party wall easement along the western boundary.

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7 Percy Street is described on Certificate of Title Volume 08926 Folio 013 as Lot 1 on Title Plan 559472A and no covenants or easements affect the land.

Planning Controls

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

Zone

Clause 37.08 – Activity Centre Zone, Schedule 1

Pursuant to Clause 37.08-3, a permit is required for a dwelling where any frontage at ground floor level exceeds 2 metres.

Pursuant to Clause 37.08-5, a permit is required to construct a building or construct or carry out works unless the schedule to this zone specifies otherwise.

An apartment development must meet the requirements of Clause 58.

Schedule 1 to the Activity Centre Zone places the subject site within the Prahran Precinct, sub-precinct GV6 (Greville Village-6). The subject site has a preferred building height of 9 metres. It has a Type 6 interface to the north, south and east boundaries. A Type 6 interface recommends that the Rescode standards for front, side and rear setbacks (Clause 55) apply.

Overlay

No Overlays.

Particular Provisions

Clause 52.06 - Car Parking

Pursuant to Clause 52.06-2, prior to a new use commencing or a new building being occupied the car parking spaces required under Clause 52.06-5 must be provided on the land.

The table at Clause 52.06-5 specifies the following rates for dwellings:

Usage Number/Area Rate Required Spaces

12x1-2 bedroom dwellings 1 space per dwelling 12

Residential 1x3+ bedroom dwellings 2 spaces per dwelling 2

Total spaces required 14

The development proposes 13 new dwellings (12 x 1-2 bedroom apartments and 1 x 3 bedroom apartment), generating a requirement for 14 car parking spaces. The basement provides car parking for 14 vehicles and therefore, no reduction is required pursuant to Clause 52.06-3. Clause 52.34 – Bicycle Facilities

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The following table below shows the required number of bicycle parking spaces to be provided to accord with the requirements of Clause 52.34:

Usage Number/Area Rate Required Spaces

Residential 13xdwellings 1 space per 5 dwellings 3

Residential Visitor

13xdwellings 1 space per 10 dwellings 1

Total spaces required 4

The proposal provides 14 bicycle parking spaces within the basement, which exceeds the statutory requirements.

Clause 58 - Apartment Developments

Clause 58 applies to apartment developments within the Activity Centre Zone.

A development: Must meet all of the objectives of this clause. Should meet all of the standards of this clause.

If a zone or a schedule to a zone, or a schedule to an overlay specifies a requirement different from a requirement of a standard set out in Clause 58 (excluding Clause 58.04-1), the requirement in Clause 58 applies.

Relevant Planning Policies

Clause 11.03-1S Activity centresClause 15 Built Environment and HeritageClause 16 HousingClause 18 TransportClause 19.03-3S Integrated Water ManagementClause 21.03 VisionClause 21.05 HousingClause 21.06 Built Environment and HeritageClause 21.07 Open Space and EnvironmentClause 21.08 InfrastructureClause 22.05 Environmentally Sustainable Development PolicyClause 22.18 Stormwater Management (Water Sensitive Urban Design) PolicyClause 53.18 Stormwater Management in Urban Development

Advertising

The application has been advertised twice 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 three signs on the site). The first public notification of the application occurred in May 2017 and was completed satisfactorily.

The site is located in South Ward and objections from four (4) different properties were received. The concerns of the objectors can be summarized as follows: Reduction in car parking Traffic impacts

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Building height Overshadowing Lack of green space Equitable development opportunities Overlooking Out of character with the area

The plans were subsequently revised in July 2019 to show the following changes: Reconfigured apartment layouts with an increase in the number of apartments by one

(from 12 to 13); Reduction in the overall building height from 14.13 metres to 12.99 metres; Increase in the car parking on site by 4 spaces (from 10 to 14); Upper level setbacks to Percy Street increased from 2.08 metres to 5.97 metres and to

Percy Place from 2.55 metres to 4.06 metres; Reduced setbacks to the north (rear) at the first and second floor level from 2.06

metres to 1.07 metres and at the third floor level from 6.1 metres to 3.1 metres; Setbacks to the west varied as follows:

To the north-west increased at the first floor level from 0 metres to 1.2 metres; Reduced from between 2.2-4.7 metres to 0-1.2 metres at the second floor level; Reduced from 4.7 metres to 3 metres at the third floor level;

Width of the garage entry to Percy Place reduced from 6 metres to 3 metres.

The plans were re-advertised in January and February 2020 and no new objections have been received.

A Consultative Meeting was scheduled for 25 March 2020. However, this meeting was subsequently cancelled in recognition of current social distancing protocols.

Referrals

Urban Design

Council’s Urban Designer has advised:

This application has been subject to a series of modifications in response to Council Officers’ concerns. The current revisions have satisfactorily addressed my previous concerns; and I now support the application.

Transport and Parking

Concerns have been raised by Council’s Transport and Parking Department in relation to the following: Access point to the garage from Percy Place Lack of a corner splay at the intersection of Percy Street and Percy Place

The existing arrangement in Percy Place allows for informal use of the existing on-street parking generally in a 90-degree alignment. The previous access point was proposed at 6m wide, which would have likely resulted in the loss of up to four parking spaces. The revised location proposed for this access point is currently the access point used for 7 Percy Street, therefore the loss of parking would be reduced (by proposing the access point in the current access location).

Generally, access points proposed within 90-degree angle parking are not supported due to complications with their installation. The access point is not as obvious to motorists and

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vehicles may park, obstructing vehicle access into the development. It is noted that the plans do not show the 90-degree parking area, however the rendered design does show vehicles parked in this area.

The Traffic Impact Assessment has stated that if this was to become an issue that NO STOPPING signs could be installed on either side of the crossover. The installation of parking signage is at the discretion of Council and in most instances subject to community consultation. It is not appropriate for the applicant to expect parking signage to be installed to assist the development.

The proposed traffic generation in this instance is small and the expected impact is minimal due to the small size of the dwellings. This is unlikely to affect the surrounding road network.

Corner Splay

The property is located on the corner of Percy Street and Percy Place. No corner splay at the intersection is proposed. The Traffic Impact Assessment argues that as Percy Place is a NO THROUGH ROAD and as there is no footpath on the west side of Percy Place the number of pedestrian movements would be limited. In addition, the Traffic Impact Assessment states that this is consistent with the existing conditions.

There is still a footpath on the north side of Percy Street so it is expected that pedestrians would cross at Percy Place. No corner splay could create a sight distance issue for pedestrians using the footpath for vehicles exiting Percy Place. As this is an intersection, it is recommended a splay be included.

Parks

Council’s Parks Department have raised the following: The landscape plan provides low hedging for the ground floor premises in planter

boxes, which reflects the 100 per cent basement coverage. The absence of notable landscape content within the proposal places a higher

emphasis on retaining the existing health and structure of the established three Pyrus calleryana (Callery Pear) street trees at this location.

Services are shown directly behind the western Callery Pear street tree on the Percy Street frontage of the site – details of how they will be connected are required to ensure that they do not compromise this tree.

The increase in built height to four storeys will most likely involve substantial scaffolding on the Percy Place frontage of the site. It is unclear how this will be carried out without compromising the structure of the tree in this vicinity.

Infrastructure

The following conditions are required: Prior to a Building Permit being issued, a report for the legal point of discharge must

be obtained from Council and a drainage design for the development must be prepared by a suitably qualified Engineer in accordance with all ‘recommendations’ and requirements contained in that report. All drainage must be by means of a gravity-based system with the exception of runoff from any basement ramp and agricultural drains, which may be pumped. The relevant building surveyor must check and approve the drainage design and ensure that protection of the building is provided from a 1 in 100 A.R.I. rainfall event as required by the Building Regulations.

Prior to an ‘Occupancy Permit’ being issued, a suitably qualified Engineer must carry out a detailed inspection of the completed stormwater drainage system and associated

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works including all water storage tanks and detention (if applicable) to ensure that all works have been constructed in accordance with the approved design and the relevant planning permit conditions. Certification of the completed drainage from the Engineer must be provided to Council prior to a ‘Statement of Compliance’ being issued for the subdivision.

The existing levels of Percy Place must not be lowered or altered in any way at the property line (to facilitate the basement ramp). This is required to ensure that normal overland flow from the street is not able to enter the basement due to any lowering of the footpath at the property line.

Planner Note: The above conditions will be included on any approval granted.

Waste

There are no concerns with the Waste Management Plan as submitted.

Environmentally Sustainable Design

The proposed development now could provide an acceptable outcome from an Environmentally Sustainable Design perspective provided that details in the report and on plans are consistent. Items requiring further information/clarification are as follows: Commitment to water efficient landscaping to be detailed on landscape plan including

native and exotic plant species and the type of irrigation system to be used. Revise the NatHERS rating commitment to 6.6 stars (10% improvement on NCC

minimum requirement). Carbon monoxide monitoring to the basement carpark noted on basement plans. Daylight Modelling updated to include more technical details. A detailed plan showing all the permeable and impervious areas. Notations confirming that the rainwater tanks will be connected to all toilets. A commitment to a site management plan which details how the site will be managed

through construction and a maintenance program which sets out future operational and maintenance arrangements including details of access to the tanks for maintenance.

Planner Note: The above will be addressed via conditions of any approval granted.

Key Issues and Discussion

Strategic Context

The site is within the activity centre boundaries where the purpose of the Activity Centre Zone is (amongst other things): To encourage a mixture of uses and the intensive development of the activity centre:

o As a focus for business, shopping, working, housing, leisure, transport and community facilities.

o To support sustainable urban outcomes that maximise the use of infrastructure and public transport.

To deliver a diversity of housing at higher densities to make optimum use of the facilities and services.

The overarching policies and objectives at both a State and local level encourage higher density development to be located in or close to activity centres, employment corridors and public transport. In addition, local policies call for well-designed higher density housing that

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respects neighbourhood character, improves housing choice, makes better use of existing infrastructure and improves energy efficiency of housing.

In line with Council’s vision at Clause 21.03 (Vision), higher density development is directed to locations with the highest accessibility to public transport and services; being sites in and beside activity centres, beside main roads with trams and Smart buses and beside railway stations. The subject site is located within the activity centre only a short walk from several public transport options and numerous services and amenities. The vision for the activity centre is being realized with intensive development occurring around the subject site.

While local policy calls for high-density development in certain locations, Clause 21.05-2 (Location of residential development) states that development should meet the requirements of any Urban Design Framework. In the context of the subject site, this framework is expressed in the various requirements of the Activity Centre Zone. An assessment of these requirements is provided in detail below.

Use

Within Schedule 1 to the Activity Centre Zone, Percy Street is defined as a ‘side street’. In a side street location, the use of the land for dwellings where the frontage at ground floor exceeds 2 metres requires a permit. Given the current use of the land as dwellings and given the majority of the surrounding properties are also residential in nature, it is considered appropriate for the entire development to be residential.

Built Form

Schedule 1 to the Activity Centre Zone (ACZ) provides a number of Design and Development Requirements and Guidelines on the preferred use and development outcomes sought for the site. These considered below.

Height and massing requirements

The subject site has a preferred building height of 9 metres. The apartment building proposes an overall height of 12.99 metres.

The northern side of Percy Street, which runs parallel with High Street, is designated with a preferred height limit of 9 metres to reflect the character of the low rise established residential uses further to the north along Percy Street. Despite there being a discretionary height limit, where the consolidation of sites occur, it is not unreasonable to consider higher built form.

The justification for a building that exceeds the preferred height must take into account the site’s context within the Activity Centre where intensive development is expected. In the absence of any neighbourhood character or heritage controls, the area is anticipated to undergo substantial change in line with Council’s housing policies.

In the context of the surrounding buildings, a four-storey building is modest and acceptable as existing building heights and preferred building heights in the area vary considerably. To the west at 1A to 1C Percy Street, are three x three storey dwellings, while beyond that is a four-storey building used for student accommodation with a frontage to Porter Street and Percy Street. To the north at 2 Percy Place an 8 storey building, which sits below the preferred maximum height of 27 metres, is under construction. Development on the southern side of Percy Street, with a frontage to High Street, varies from 3 to 10-storeys in height.

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This proposal seeks to develop three small residential lots into one larger apartment development to accommodate 13 new dwellings (an increase of 10 dwellings from the existing conditions) at a height of 12.99 metres. The intensification of residential uses on this site is in accordance with State and local housing policies at Clause 16, Clause 21.05 and Apartment Standard D2 (Residential policy) and D3 (Dwelling diversity) of Clause 58. The development increases housing options in a well-serviced location near public transport and many other services and amenities.

Interface setback requirements

Schedule 1 to the Activity Centre Zone, designates the subject site has having a Type 6 interface to the north, south and east boundaries. A Type 6 interface recommends that the Rescode standards for front, side and rear setbacks (Clause 55) be applied. In contrast, the site directly to the north may construct a wall on the south boundary at 9.5 metres in height. Fortunately, the approved development under construction at 2 Percy Place proposes a wall of only 3.6 metres in height along the southern boundary.

Applying the Clause 55 requirements, the following setbacks are recommended for the subject site:

Rescode (Clause 55) setback Setback proposedFront setback

If there is a building on the abutting allotment facing the front street, the same distance as the setback of the front wall of the existing building on the abutting allotment facing the front street

The proposal is setback between 0.5 and 2.9 metres from Percy Street.

The existing dwellings are currently setback 0.66 metres from the street.

The only abutting building facing the same street is 1C Percy Street, which forms one of three x three storey attached dwellings. Each of the dwellings have car parking at ground with the upper levels cantilevered above and setback approximately 1 metre from Percy Street.

The proposed setback is considered acceptable as it closely reflects the existing conditions.

Side setback

Side walls of new development on a corner site should be setback the same distance as the setback of the front wall of any existing building on the abutting allotment facing the side street or 2 metres, whichever is the lesser

The proposal is largely built to the eastern boundary facing Percy Place up to the second floor level, with some sections of glazing setback 0.4 metres. The wall of the uppermost level is setback 4 metres from Percy Place.

The adjoining development under construction at 2 Percy Place is constructed with a four storey street wall to the boundary (Ground to Level 3).

Therefore, the proposal is consistent with the adjoining development and compliant with the Clause 55 standard.

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Rear setback

A new building not on or within 200mm of a boundary should be set back from side and rear boundaries 1 metre, plus 0.3 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres.

Using the wall heights as proposed, if the Clause 55 standard were applied, the following setbacks would be recommended: Ground Floor: 0 metresFirst and Second Floors: 4.59 metresThird Floor: 8 metres

The proposed development is setback between 0-3.6 metres at the ground floor level; 1.07 metres at the first and second floors; and 3.1 metres at the third floor level.

The setbacks as proposed although not compliant with Clause 55 are appropriate for the activity centre context and provide equitable separation between the adjacent built forms.

The application of Clause 55 is intended for low-rise residential areas where a consistent residential character is sought. In this context, the setbacks to the rear are adjacent to an 8-storey apartment building, which has orientated the apartments away from the southern boundary.

The rear setback will allow for sufficient separation and provide for adequate daylight into new habitable room windows, to allow for good internal amenity and will limit unreasonable overlooking.

For the above reasons, the setback is also deemed to meet the objectives of Standard D14 (Building Setback) of Clause 58.

Dwellings and residential buildings guidelines

Clause 58 (Apartment Standards) applies to all new apartment developments within the Activity Centre Zone. An assessment against these 27 standards has occurred and the development has been found generally compliant. Areas of non-compliance and relevant standards are discussed below:

The proposed development comprises 13 new apartments of between 49 and 131 square metres in area (internal). Dwellings have been orientated towards the street frontages on the south and east sides of the building, with ancillary windows serving mainly bedrooms on the north and west sides of the development. In accordance with Standard D26 (Windows) and D27 (Natural Ventilation), all habitable rooms have access to a window in the external wall of the building for natural light and ventilation. Noise sensitive rooms (such as living areas and bedrooms) have been positioned to avoid noise impacts from lifts and car parking as recommended by Standard D16 (Noise).

In terms of private open space, the dwellings are all provided a balcony of between 9 and 43 square metres in area and all are dimensioned with a minimum width of 2 metres and 2.4 metres for the 3 bedroom dwelling, achieving the recommendations of Standard D19 (Private open space).

In accordance with Standards D11 (Access) and Standard D12 (Parking), 14 car parking spaces are conveniently located within a basement with direct access to the dwellings above via a lift and stairwell. The basement access is via an existing single crossover to Percy Place. The basement also includes 13 independent stores, beyond the storage within the apartments themselves. Floorplans have been updated to show the total storage (both

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internal and external) to each dwelling to demonstrate compliance with Standard D20 (Storage).

The main pedestrian entrance to the building has been centrally positioned to front Percy Street, away from the vehicle entry, and has been designed to ensure the safety and security of residents and property as per Standard D9 (Safety) and D18 (Building Entry and Circulation). The corridors between apartments above ground floor level have not been naturally lit or ventilated. However, this is considered acceptable given the size of the apartment development (only 13 dwellings) and the small size of the corridors on each level.

Detailed plans have been provided to show the accessibility requirements of Standard D17 (Accessibility). The plans state that at least 50 per cent of the apartments provided the required door widths, clearance paths and adaptable bathrooms. An assessment of these plans suggest there are some non-compliances, particularly with the design of the bathrooms. As per Standard D17, at least 50 per cent of the apartments need to demonstrate that they have at least one adaptable bathroom that meets all of the requirements of either Design A or Design B as specified in this Standard. This will be addressed by way of conditions.

All bedrooms within the apartments have been dimensioned to comply with the minimum bedroom dimensions and living area dimensions and areas (between 10 and 12 square metres) as listed at Standard D24 (Functional Layout). All rooms throughout the development have a floor to ceiling height of 2.7 metres and no single aspect room has a depth of greater than 6.75 metres from a window in compliance with Standard D25 (Room Depth).

Appropriate provisions have been made to manage common property, site services and waste and recycling on the site in accordance with Standards D21 (Common Property), D22 (Site services) and D23 (Waste and Recycling). Site services have been identified on the ground floor level adjacent to Percy Street. However, the location differs from that shown on the South Elevation. This will require clarification as a condition of approval.

Overshadowing guidelines

As the subject site is located on the north-west corner of Percy Street and Percy Place, shadows from the new development will predominantly fall within the road reserve. It is deemed that the public realm will not be detrimentally impacted by overshadowing, as the shadows meet the overshadowing guidelines by ensuring that the additional shadow will not reach the southern side footpath between 9.00am and 3.00pm at the Equinox.

Building adaptability requirements

The design requirements seek building adaptability by providing a minimum 4.0 metres floor-to-floor height at ground floor and a minimum 3.8 metres floor-to-floor height at first floor, for Side Street uses. The proposal does not incorporate these floor-to-floor heights and this is considered acceptable, as this would require the building to be raised in height. Unlike other precincts within the activity centre, the sub-precinct GV6 (Greville Village-6) has been identified as one where commercial uses are not encouraged. As such, the standard residential floor-to-floor heights are acceptable, as building adaptability will be less likely to occur on this site.

Public realm interface guidelines

The proposal has orientated the apartments to the two street frontages on the south and east sides of the building. At the ground floor level, the frontage incorporates glazing to the

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street and uses balconies to facilitate passive surveillance of the public realm from all levels. A low planter separates the balconies from the street at the ground floor. The design is deemed to achieve the public realm interface guidelines and Standard D5 (Integration with the street) of Clause 58, subject to conditions requiring further clarification of the glazing types to all windows, particularly at the ground floor.

Materials guidelines

The revised design as submitted to Council in July 2019 has notably improved the building presentation to the street and has incorporated a palette of durable materials including face brick, painted render and metal cladding. These heavy materials when paired with ample glazing will complement the robust built form in the streetscape. Public realm and movement requirements

There are no indicative pedestrian links shown on the Precinct Maps relative to the subject site.

Open Space and landscaping requirement

One of the objectives of Schedule 1 to the Activity Centre Zone seeks to “ incorporate landscaping that makes a positive contribution to the public realm and preferred character”. The Landscaping Standard D10 of Clause 58 also encourages, amongst other things, development to provide appropriate landscaping. The proposal includes landscaping in the form of planter boxes to both Percy Street and Percy Place at all floor levels. This extent of landscaping is common in the activity centre and is reflective of the 100 per cent site coverage, which is prevalent in this context.

Although there is currently no significant vegetation on the subject site, there are three Pyrus calleryana (Callery Pear) street trees at this location. The significant tree on the corner of Percy Place and Percy Street contributes to the greening of this highly built up area. The protection of this tree will benefit the future residents of the new apartment building. Council’s Arborist is concerned that the scaffolding that will be used to construct the building may necessitate significant pruning of the canopy of this tree. As this tree is located within close proximity of the side boundary of the subject site, some pruning will be needed for any development to occur. For this reason, Council’s Arborist will not require a Tree Management Plan or a Tree Deed. It is in the applicant’s best interests to undertake the works in a sensitive manner in close proximity of this tree to ensure the ongoing health of this asset.

Council’s Arborist has also queried how the site services will be installed, without comprising the adjacent street tree to the south-west of the frontage. This will form a condition of approval.

Amenity Impacts

Interface to the west

The dwelling to the west at 1C Percy Street has a number of habitable room windows orientated towards the subject site at the second floor level, which are setback 1 metres from the boundary. At the second floor level, the proposal provides a setback of 1.2 metres to the west and a wall on the west boundary. Given the existing windows within 1C Percy Street are setback 1 metre, a setback of at least 1 metre is deemed necessary for equitable development opportunities and protection of amenity. This increased setback will be required

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by way of a condition and may require subsequent variations to the internal layout of Apartment U204. These changes may occur subject to there being no reductions in any other setbacks.

With regard to overshadowing of private open space, the proposal will increase shadows marginally to the west at 9am, 10am and 11am. The shadows primarily affect the small light court along the eastern boundary within the dwelling at 1C Percy Street. The extent of shadow is so minor that it is unlikely to cause unreasonable detriment. Minor additional overshadowing is expected in an Activity Centre Zone where substantial change and intensive development is encouraged. It is important to note that buildings of up to 27 metres are permitted on the northern sites.

Overlooking

The proposed development has sought to protect the privacy of the adjacent dwellings to the north and west by incorporating high-level and obscure windows to all glazing elements on the north and west elevations, above the ground floor. The high-level windows will have sills of no less than 1.7 metres above finished floor level. At the third floor level, the west facing windows within the bedrooms of Apartment U302 have adjustable external shading devices, which is positive. However, the glazing type has not been annotated. This will be required by way of conditions. The windows will be required to be screened with obscure glass to a height of 1.7 metres given the proximity to the habitable room windows to the west (4 metres away).

Car Parking and Traffic

Traffic

As per the advice of Council’ s Transport and Parking Department, the proposed traffic generation in this instance is small and the expected impact is minimal due to the small size of the dwellings. Therefore, the development is unlikely to impact the surrounding road network.

Car Parking

The development proposes 14 car parking spaces within the basement garage. As this meets the statutory requirements of Clause 52.06-5 by providing one car space to each 1-2 bedroom dwelling and two spaces to the 3-bedroom dwelling, no further comment is required.

Car Parking Design

Council’s Transport and Parking Department have raised two concerns with the design of the apartment building, being: Access point to the garage from Percy Place Lack of a corner splay at the intersection of Percy Street and Percy Place

With regard to the first concern, it is important to note that Planning Permit 1090/16 for 5-7 Percy Street, which issued on 9 August 2018, approved a vehicle entry via Percy Place. In that example, the entry was proposed to be centrally located along the Percy Place frontage, resulting in the loss of a number of informal on street parking bays. The current proposal, as revised in July 2019, locates a single width vehicle entry in the location of the current access point used for 7 Percy Street. As this is an existing condition, the impacts on the informal 90-

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dgeree car parking bays on the street will be minimal. As this arrangement has been previously approved, the current proposal, which will have a lesser impact, is acceptable.

The lack of splay on the corner of Percy Street and Percy Place is considered acceptable in this instance as there is no footpath on the west side of Percy Place and the street is a no through road, therefore the number of pedestrian movements would be limited. In addition, the lack of splay is consistent with the existing conditions.

Sustainable Design Assessment

The revised proposal has been reviewed in detail by Council’s Environmentally Sustainable Design Officer who has confirmed that an acceptable response can be achieved subject to a number of additional details being provided on the plans and within the Sustainability Management Plan. These items will be addressed via conditions as detailed within the Referrals section of this report.

The proposed basement has 100 per cent site coverage, making stormwater management measures an important consideration of this development. The Water Sensitive Urban Design Response confirms that a 10,000L rainwater tank will be installed within the basement to collect rainwater runoff from the roof. A condition of approval will require notations confirming that the rainwater tanks will be connected to all toilets for on-site reuse. This response achieves a STORM rating of 104 per cent, which exceeds minimum best practice (100 per cent). Other details will be required regarding the ongoing management and maintenance of this system as well as access to the rainwater tank, by way of conditions.

Objections

The applicant sought to address the concerns of the objectors via the submission of revised plans in July 2019. The plans were subsequently re-advertised and no new objections have been received.

All concerns raised by the objections received in 2017 have been duly considered throughout this assessment.

Conclusion

Having assessed the application against the relevant planning controls, it is recommended that the proposal be supported for the following reasons: The subject site is ideally located within an activity centre, within easy reach of public

transport and is within an area that can accommodate substantial built form. The proposal is an appropriate built form response with regard to height, massing and

setbacks, to the site and the existing context of the area. The intensification of the site for residential uses is compatible with the surrounding

area and will promote housing diversity in accordance with State and local policies. There will be no unreasonable off-site amenity impacts on the adjacent properties. Car parking provision is adequate and there will be no traffic and parking impacts

within the surrounding road network.

Governance Compliance

Conflicts of Interest Disclosure

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No Council Officer and/or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.

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 & Responsibilities Act 2006.

Attachments

1. 1133/16 - 3, 5 & 7 Percy Street, Prahran [13.9.1 - 19 pages]

Officer Recommendation

That Council AUTHORISE Officers to issue a Notice of Decision to Grant a Planning Permit No: 1133/16 for the land located at 3, 5 & 7 Percy Street, Prahran under the Stonnington Planning Scheme for construction of a multi-unit development in an Activity Centre Zone and use of the land for dwellings subject to the following conditions:

1. Before the commencement of the use / development, one copy of plans drawn to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the revised plans Drawing No’s: DR10, DR11, DR12, DR13, TP01 Rev A, TP02 Rev A, TP03 Rev A, TP04 Rev A, TP05 Rev A, TP06 Council date stamped 20 December 2019, but modified to show:

a) Setback the west wall of the second floor level no less than 1 metre from the boundary. Subsequent variations to the internal layout of Apartment U204 are permitted subject to there being no reductions in any other setbacks.

b) Details of how the site services will be installed without comprising the adjacent street tree to the south-west of the Percy Street frontage.

c) Site services location confirmed on elevations and floor plans so that the location is consistent. The dimensions of the services cupboard to be shown.

d) Elevations to confirm the glazing types for all windows (i.e. clear and obscure glazing) at all floor levels.

e) External materials and finishes schedule updated to include all glazing types.

f) All windows within the south-east corner of the development at all levels to be annotated as being fixed or openable.

g) All windows on the west elevation, including the west facing windows within bedrooms of Apartment U302, must be screened to 1.7 metres above finished floor level with either obscure glass or a fixed screen with no more than 25% transparency.

h) Compliance with Standard D17, ensuring that at least 50 per cent of the apartments have at least one adaptable bathroom that meets all of the requirements of either Design A or Design B as specified in this Standard.

i) Details of the how the plant and equipment on the roof is to be screened and baffled to comply with Condition 20.

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j) Notation confirming that the rainwater tank within the basement will be connected to all toilets.

k) Annotation confirming the provision of carbon monoxide monitoring to the basement carpark.

l) Access to the in-ground rainwater tank for maintenance detailed/noted on plan.

m) Notations confirming minimum gradient of the parking area shall be 1 in 200 (0.5%) for covered areas to allow for adequate drainage as per AS 2890.1.

n) Height clearance of the lower and upper tier of car stacker to be 1.8 metres to match the car stackers specifications.

o) Any changes as required to comply with Conditions 3 (Sustainability Management Plan), 5 (Landscape Plan), 8 (Waste Management Plan), 9 (Water Sensitive Urban Design Response).

All to the satisfaction of the Responsible Authority.

2. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason, without the prior written consent of the Responsible Authority.

3. 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 be generally in accordance with the Sustainability Management Plan prepared by Green Rate and dated 18 December 2019, but modified to show:

a) Revised NatHERS rating commitment to 6.6 stars (10% improvement on NCC minimum requirement).

b) Daylight Modelling to be updated to include:i. A tabulated results of spaces assessed, including the room

name/number, % of the floor area meeting the daylight criteria,ii. The ceiling height(s) used for the daylight model noted.

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.

4. 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.

5. 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

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approved, the landscape plan will be endorsed and will then form part of the permit. The landscape plan must be in accordance with the revised Landscape Plans L-TP01-[B] and L-TP02-[B] received by Council on 13 January 2020 prepared by John Patrick Landscape Architects Pty Ltd, but modified to show:

a) Water efficient landscaping to be detailed on landscape plan including native and exotic plant species; and

b) Details of the type of irrigation system to be used for all planters to the satisfaction of the Responsible Authority.

6. 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.

7. Before the development (including excavation and demolition) starts, a tree protection fence must be erected around the three Pyrus calleryana (Callery Pear) street trees at this location. Fencing is to be compliant with Section 4 of AS 4970. Signage identifying the need for approval from Council’s Parks Unit for any root cutting (prior to it occurring) must also be displayed on the fence.

8. Concurrent with the endorsement of plans, a Waste Management Plan must be submitted to and approved by the Responsible Authority. The Waste Management Plan must be in accordance with the Waste Management Plan prepared by Leigh Design Pty Ltd dated 21 May 2019 and Council date stamped 4 July 2019.

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.

9. Concurrent with the endorsement of plans, the applicant must provide a Water Sensitive Urban Design Response addressing the Application Requirements of the Water Sensitive Urban Design Policy to the satisfaction of the Responsible Authority. All proposed treatments included within the Water Sensitive Urban Design Response must also be indicated on the plans. The following additional information is required:

a) A detailed plan showing all the permeable and impervious areas entered into the STORM Rating.

b) An indicative site management plan which details how the site will be managed through construction. A statement is required outlining construction measures to prevent litter, sediments and pollution entering the stormwater systems.

c) A maintenance program which sets out future operational and maintenance arrangements.

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

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

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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.

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 and detention (if applicable) to ensure that all works have been constructed in accordance with the approved design and the relevant planning permit conditions. Certification of the completed drainage from the Engineer must be provided to Council prior to a ‘Statement of Compliance’ being issued for the subdivision.

13. The existing levels of Percy Place must not be lowered or altered in any way at the property line (to facilitate the basement ramp). This is required to ensure that normal overland flow from the street is not able to enter the basement due to any lowering of the footpath at the property line.

14. 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.

15. 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.

16. The level of the footpaths and/or laneways must not be lowered or altered in any way to facilitate access to the site.

17. Prior to occupation, access for persons with disabilities must be provided in compliance with the Disability Discrimination Act 1992 and such access must be maintained at all times the building is occupied or in use.

18. Prior to the occupation of the building, fixed privacy screens (not adhesive film) designed, to limit overlooking in accordance with the endorsed plans must be installed to the satisfaction of the Responsible Authority and maintained to the satisfaction of the Responsible Authority thereafter for the life of the building.

19. Prior to the occupation of the building/ commencement of use, the walls on the boundary of the adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.

20. 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.

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

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

permit.

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c) The use is not commenced within five years of the date of this permit.d) The use is discontinued for a period of two years or more.

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

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

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

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

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

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

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13.10 Local Parking Restrictions Survey in Streets in the Vicinity of Chadstone Road - Results from Reconsultation

Manager Transport & Parking: Ian McLauchlanDirector Environment & Infrastructure: Rick KwasekLinkage to Council Plan Liveability: The most desirable place to live, work and visit.

L6 Maintain Council’s infrastructure and assets essential for the sustainable operation of the City.

Purpose of ReportTo seek approval to install PERMIT ZONE parking restrictions operating all days at all times, on both sides of Prior Road, Malvern East.

To seek approval to modify the PERMIT ZONE parking restrictions in the following streets:

Abbotsford Avenue, Malvern East; and Rebecca Road, Malvern East.

To seek approval to make no changes to the PERMIT ZONE parking restrictions in the following streets:

Armstrong Court, Malvern East; Chadstone Road, Malvern East; Durward Road, Malvern East; Gauntlet Road, Malvern East; and Rob Roy Road, Malvern East.

To seek approval to make no changes to the NO STOPPING restrictions operating 8-9:30am, 3-4pm SCHOOL DAYS in the following streets:

Abbotsford Avenue; and Quentin Road.

To seek approval to abandon the proposal to install PERMIT ZONE parking restrictions in the following streets:

Ivanhoe Grove, Malvern East; and Rowena Road, Malvern East.

Officer RecommendationThat Council:

1. AUTHORISE officers to install PERMIT ZONE restrictions operating all days at all times, abutting all properties eligible to participate in Council’s Residential Parking Permit Scheme on both sides of Prior Road, between Gauntlet Road and Midlothian Street.

2. AUTHORISE officers to:

a. Retain the PERMIT ZONE restrictions in Abbotsford Avenue between Chadstone Road and Quentin Road; and

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b. Remove the PERMIT ZONE restrictions in Abbotsford Avenue between Quentin Road and Ivanhoe Grove.

3. AUTHORISE officers to:

a. Retain the PERMIT ZONE restrictions in Rebecca Road between Midlothian Street and Abbotsford Avenue; and

b. Remove the PERMIT ZONE restrictions in Rebecca Road between Abbotsford Avenue and Ivanhoe Grove.

4. NOTE that no changes to the PERMIT ZONE parking restrictions will be made in Armstrong Court, Chadstone Road, Durward Road, Gauntlet Road, and Rob Roy Road.

5. NOTE that no changes to the NO STOPPING restrictions operating 8-9:30am, 3-4pm SCHOOL DAYS will be made in Abbotsford Avenue and Quentin Road.

6. AUTHORISE officers to abandon the proposal to install PERMIT ZONE restrictions in Ivanhoe Grove and Rowena Road.

7. AUTHORISE officers to notify all previously consulted properties of the results of the proposal in their street.

Executive SummaryIn response to concerns regarding parking in the streets in the vicinity of Chadstone Road, it is recommended that some streets have restrictions altered, some restrictions be maintained, and some restrictions be installed. This considers the views provided in the most recent community consultation.

BackgroundAt the Council meeting of 28 October 2019, a report was considered regarding the Local Parking Restrictions Survey in Streets in the Vicinity of Chadstone Road. Council resolved to install PERMIT ZONE parking restrictions in a number of streets in the area. This report is included as Attachment 1 – October 28 Council Report – Local Parking Restrictions Survey of Streets in the Vicinity of Chadstone Road – Consultation Results.

Following the introduction of the PERMIT ZONE parking restrictions, a significant number of complaints were received from streets in which parking restrictions were installed. These complaints primarily revolved around the restrictive nature of the PERMIT ZONE restriction, and the cost of Residential Parking Permits.

At the same time, Council was receiving complaints from residents of streets which either did not vote for parking restrictions, or were not considered in the original parking consultation, stating that the parking restrictions in the area had led to an increase in the number of vehicles parking in their unrestricted street. As a result of this, the residents stated that parking restrictions were now required to control the flow on effect of the previously installed parking restrictions. A petition was received signed by residents of Prior Road and Ivanhoe Grove requesting that Council install PERMIT ZONE parking restrictions in their street.

In response to these concerns (25 telephone complaints recorded and 53 written individual complaints received by officers), Council undertook further consultation with properties within streets which received parking restrictions, and in streets in which complaints were received relating to not receiving parking restrictions. The letters which were sent as part of this consultation are included as Attachment 2 – Consultation Letters.

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Key Issues and DiscussionAll streets surveyed provided a minimum of 43% response rate. No proposals have been abandoned based on a low response rate. When determining the outcome for each street the majority view of respondents was taken. For streets where a mixed response was received, the respondents were plotted to determine if a trend was apparent, so that an assessment could be based on the location of respondents.

Many respondents provided written responses to the proposals, both in favour and opposed. The respondents’ comments can be found in Attachment 3 – Consultation Report.The responses received for each street are summarised below, with an officer recommendation following review and analysis of the response data. (See Attachment 3).Street Name

(Malvern East)

Existing Restriction Recommendation

Prior Road Unrestricted Install PERMIT ZONE restrictions operating all days at all times, abutting all properties eligible to participate in Council’s Residential Parking Permit Scheme on both sides of Prior Road, between Gauntlet Road and Midlothian Street.

Abbotsford Avenue

PERMIT ZONE operating all days at all times on both sides of Abbotsford Avenue

Retain PERMIT ZONE restrictions between Chadstone Road and Quentin Road

Remove PERMIT ZONE restrictions between Quentin Road and Ivanhoe Grove

Rebecca Road

PERMIT ZONE operating all days at all times on both sides of Rebecca Road

Retain PERMIT ZONE restrictions between Midlothian Street and Abbotsford Avenue

Remove PERMIT ZONE restrictions between Abbotsford Avenue and Ivanhoe Grove

Armstrong Court

PERMIT ZONE operating all days at all times on the north side of Armstrong Court

Maintain existing conditions

Chadstone Road

PERMIT ZONE operating all days at all times on both sides of Chadstone Road

Maintain existing conditions

Durward Road

PERMIT ZONE operating all days at all times on both sides of Durward Road

Maintain existing conditions

Gauntlet Road

PERMIT ZONE operating all days at all times on both sides of Gauntlet Road

Maintain existing conditions

Rob Roy Road

PERMIT ZONE operating all days at all times on both sides abutting eligible properties in Rob Roy Road

Maintain existing conditions

Ivanhoe Grove

Unrestricted Abandon proposal

Rowena Road

Unrestricted Abandon proposal

A graphical representation of the recommended parking restrictions can be found in Attachment 4 – Recommended Restrictions.No changes will be made to the NO STOPPING restrictions operating 8-9:30am, 3-4pm SCHOOL DAYS on Abbotsford Avenue and Quentin Road (abutting Malvern Valley Primary School).

Conclusion

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The review of parking restrictions through a survey produced results which have been summarised in this report. Restrictions have been modified, retained or abandoned based on these results.

Governance CompliancePolicy Implications

There are no policy implications associated with this report.

Financial and Resource Implications

It is anticipated that the cost to make the changes in line with the above recommendation will be $2,000 (inc GST). This can be covering by existing operating budgets.

Conflicts of Interest Disclosure

No Council Officer and/or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.

Legal / Risk Implications

There are no legal / risk implications relevant to this report.

Stakeholder Consultation

Stakeholder consultation is outlined in Attachment 3 – Consultation Report.Human Rights Consideration

Complies with the Charter of Human Rights & Responsibilities Act 2006.

Attachments1. October 28 Council Report [13.10.1 - 5 pages]2. Consultation Letters [13.10.2 - 44 pages]3. Consultation Report [13.10.3 - 25 pages]4. Recommended Restrictions [13.10.4 - 1 page]

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13.11 Amendment C285 - Neighbourhood Character Overlays in Prahran and Malvern East - Adoption

Manager City Strategy: Susan PriceDirector Planning & Place: Stuart DraffinLinkage to Council Plan Liveability: The most desirable place to live, work and visit.

L2 Preserve Stonnington’s heritage architecture and balance its existing character with complementary and sustainable development.

L4 Enhance the design outcomes of public spaces, places and buildings.

Purpose of ReportThe purpose of this report is for Council to:

Consider the recommendations of the Planning Panel for Amendment C285 which proposes to apply Neighborhood Character Overlay controls to four precincts.

Adopt Amendment C285 with changes and request the Minister for Planning to approve the Amendment.

Officer RecommendationThat Council:

1. NOTE the public release of the Panel Report of Amendment C285.

2. ENDORSE Amendment C285 to the Stonnington Planning Scheme, with changes since exhibition pursuant to Section 29(1) of the Planning and Environment Act 1987.

3. SUBMIT the adopted Amendment C285 to the Minister for Planning for approval, in accordance with Section 31(1) of the Planning and Environment Act 1987.

4. ADVISE the submitters to Amendment C285 of Council’s decision.

BackgroundNeighbourhood Character in StonningtonCouncil first initiated a neighbourhood character study of the municipality in 2006. This work, led by Ethos Urban (then Planisphere), was revised and updated in 2013. The 2013 review identified 23 precincts of potential significant neighbourhood character that may warrant the application of a Neighbourhood Character Overlay (NCO) and a Design and Development Overlay (DDO – to influence front fencing). To date, NCOs have been introduced to 17 precincts in Stonnington through planning scheme amendments C168, C185 and C217.

Amendment C285At its meeting on 18 September 2019, Council resolved to authorise Officers to proceed with the preparation of Amendment C285 to the Stonnington Planning Scheme, which proposes to implement the findings of the Stonnington Neighbourhood Character Review Addendum 2019 by applying the Neighbourhood Character Overlay (NCO) and a Design and Development Overlay (DDO) to four of the six remaining precincts. The precincts being:

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Lalbert Crescent Precinct, Prahran Cairnes Crescent Precinct, Malvern East Bruce Street Precinct, Malvern East Camino Terrace Precinct, Malvern East

A map of the precincts is provided at Attachment 1. Formal exhibition of Amendment C285 took place from 10 October to 11 November 2019 with Council receiving eleven (11) submissions (two supporting and nine objecting to the Amendment). Council considered these submissions at its meeting on 16 December 2019 and was unable to vary the amendment to address all the issues raised in objecting submissions. It was resolved to refer the Amendment and all submissions to an independent Planning Panel.

In considering the submissions, Council resolved to make the following changes to the Amendment ahead of presenting its position to the Panel:

Updating Schedules 8, 9 and 10 to Clause 43.05 (Neighbourhood Character Overlay) to exempt the demolition of outbuildings from works that require a permit.

An independent Planning Panel was appointed by the Minister for Planning to consider and hear submissions on Amendment C285. The Panel Hearing was held at the Malvern Town Hall on 3 March 2020 and comprised one member, Tim Hellsten.

The Panel Report was received by Council on 13 March 2020 and subsequently released to the public. A copy of the Panel Report is provided at Attachment 2.

Key Issues and DiscussionThe Panel Report considered the key issues raised in the submissions to Amendment C285. This included general issues that were common amongst submitters. The Panel grouped these issues and made comments (in summary) as follows:

Panel Conclusions and RecommendationPlanning Context:

The Panel concludes that the Amendment is supported by and implements the relevant sections of the Planning Policy Framework and is consistent with the relevant Ministerial Directions and Practice Notes.

Strategic justification:

The Amendment is well founded and strategically justified and should proceed subject to addressing the more specific issues raised in submissions as recommended by the Panel.

Common Issues:

The Panel made findings on some common issues outlined below.

Impacts on property value or other personal financial implications are not relevant when assessing neighbourhood character or when deciding whether to apply the Neighbourhood Character Overlay.

The Amendment will have a positive net community benefit by protecting and enhancing areas of significant neighbourhood character in the City of Stonnington.

Precincts:

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There is a distinct neighbourhood character present that warrants the application of NRZ5, DDO22, NCO8 (Lalbert Crescent Precinct), NCO9 (Bruce Street Precinct and Cairnes Crescent Precinct) and NCO10 (Camino Terrace Precinct).

Form and Content of the Amendment:

The Panel recommended some minor changes to the form and content as follows:

Amend section ‘3.0 Permit requirement’ of Neighbourhood Character Overlay Schedules 8, 9 and 10 to add after ‘Demolish or remove a building’ the words “other than an outbuilding not visible from the street”.

Amend section ‘2.0 Neighbourhood character objective’ of Neighbourhood Character Overlay Schedules 8, 9 and 10 to delete the second objective ‘To encourage the retention of the features of intact, original dwellings that contribute to the preferred neighbourhood character of the area’.

Adoption of Amendment C285 by Council Council is required to formally decide how to proceed with Amendment C285 within 40 business days of receiving the Panel Report (by 12 May 2020), unless an exemption is sought. In accordance with the requirements of the Planning and Environment Act 1987, Council can choose to adopt the amendment without changes, adopt the amendment with changes, or abandon the amendment.

Ultimately, it is the Minister for Planning who will make the final decision on the Amendment.

In the context of the conclusions and recommendations of the Panel report, it is recommended that Amendment C285 be adopted as exhibited, subject to the form and content changes recommended by the Panel.

ConclusionThe exhibited Amendment C285 proposes to apply neighbourhood character controls (NCO and DDO) to four precincts of distinct character. The Panel concluded that Amendment C285 will provide a net community benefit, is strategically justified, and subject to some minor changes should proceed.

It is recommended that Council adopts Amendment C285 as recommended by the Panel as the two minor changes proposed are reasonable and appropriate in context. Further, it is recommended that the Amendment be submitted to the Minister for Planning for approval.

Governance CompliancePolicy Implications

The proposed Neighbourhood Character Overlays are consistent with the Council Plan, which seeks to: Preserve Stonnington’s heritage architecture and balance its existing character with complementary and sustainable development.

It is also consistent with Council’s Municipal Strategic Statement within the Stonnington Planning Scheme which seeks to protect and enhance the varied, distinctive and valued character elements of residential neighbourhoods across the City of Stonnington and repair and reinforce the high quality landscape character of the city.

Financial and Resource Implications

The financial cost and resourcing for neighbourhood character studies and planning scheme amendments has been included in the budget of Council’s City Strategy Unit for 2019/20.

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It is noted that the introduction of the new NCO and DDO schedules may trigger a small increase in the number of planning applications for the Statutory Planning Department however, this is not expected to have an impact on resourcing.

Conflicts of Interest Disclosure

No Council Officer and/or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.

Legal / Risk Implications

Council engaged legal representation as part of the Panel hearing process.

Stakeholder Consultation

All affected parties have been given the opportunity to make submissions on Amendment C285 and have been given the option to be heard by an independent Planning Panel.

Human Rights Consideration

Complies with the Charter of Human Rights & Responsibilities Act 2006.

Attachments1. Map of Precincts [13.11.1 - 2 pages]2. C285 Panel Report [13.11.2 - 41 pages]

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13.12 Darling Street, South Yarra - Proposed Parking Restrictions

Manager Transport & Parking: Ian McLauchlanDirector Environment & Infrastructure: Rick KwasekLinkage to Council Plan Liveability: The most desirable place to live, work and visit.

L6 Maintain Council’s infrastructure and assets essential for the sustainable operation of the City.

Purpose of ReportTo seek approval to abandon the proposal to install 2-HOUR restrictions operating 9am to 6pm Monday to Friday on Darling Street (from a location abutting Darling Gardens to 56 Darling Street).

This report is brought to Council as it involves a potential variation to the Resident Parking Permit Scheme to allow exemptions abutting Darling Gardens when a permit is displayed.

Officer RecommendationThat Council:

1. NOTE the responses received for the proposal.

2. APPROVE that the proposal to install 2-HOUR restrictions operating 9am to 6pm Monday to Friday on Darling Street (from a location abutting Darling Gardens to 56 Darling Street) be abandoned due to the low response rate.

3. AUTHORISE officers to notify those previously consulted.

Executive SummaryIn response to resident concerns with parking availability due to non-local parking, it is recommended that parking restrictions not be changed on Darling Street, due to the low response rate from the community.

BackgroundThe last change to the parking restrictions abutting Darling Gardens occurred in 2004, where the 2-HOUR restriction operating 9am to 6pm Monday to Friday was installed for half the frontage of Darling Gardens. Permit exemptions were provided for residents when displaying a valid permit in accordance with the conditions.

Residents raised a concern with parking availability in Darling Street, South Yarra, north of Domain Road in January 2020. Currently, the remainder of the Darling Gardens frontage and up to 56 Darling Street offers unrestricted parking.

Officers were directed to consult on the introduction of 2-HOUR restrictions operating 9am to 6pm Monday to Friday for the remainder of the Darling Gardens frontage until 56 Darling Street.

A circular was distributed on 11 February 2020 to properties abutting Darling Street (between Alexandra Avenue and Domain Road) with the following proposal:

Install 2-HOUR restrictions operating 9am to 6pm Monday to Friday on Darling Street (from a location abutting Darling Gardens to 56 Darling Street).

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The Consultation Material is provided as an attachment.

Key Issues and DiscussionThe response from the community is shown in the below graph.

Please refer to the attached Consultation Report for detailed consultation analysis.

Officer Assessment

It is recommended that in light of the low response rate received, the proposal to install 2-HOUR restrictions operating 9am to 6pm Monday to Friday on Darling Street (from a location abutting Darling Gardens to 56 Darling Street) be abandoned.

ConclusionDue to the low response rate from community consultation, it is recommended that the proposal to install 2-HOUR restrictions operating 9am to 6pm Monday to Friday on Darling Street (from a location abutting Darling Gardens to 56 Darling Street) be abandoned.

Governance CompliancePolicy Implications

The Resident Parking Permit Scheme only provides exemptions to restrictions over 1 hour in duration when abutting a residential property. If the proposal was to proceed, part of this 2-HOUR restriction is abutting Darling Gardens, and a variation would need to be made to the Scheme. There is already an exemption to the existing 2-HOUR restriction abutting the Gardens when installed in 2004.

Financial and Resource Implications

If the proposal was to proceed, the installation of new signage is a minor expense which can be covered by existing operating budgets.

Conflicts of Interest Disclosure

No Council Officer and/or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.

Legal / Risk Implications

There are no legal / risk implications relevant to this report.

Stakeholder Consultation

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Stakeholder consultation is outlined in Consultation Report.

Human Rights Consideration

Complies with the Charter of Human Rights & Responsibilities Act 2006.

Attachments1. Darling Street South Yarra - Consultation Material [13.12.1 - 5 pages]2. Darling Street South Yarra - Consultation Report [13.12.2 - 3 pages]

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13.13 Proposed Road Discontinuance of Laneway Between 851-853 Dandenong Road and 1 Clarence Street Malvern East

Acting Manager Infrastructure & Landscape Projects: Peter White Director Environment & Infrastructure: Rick KwasekLinkage to Council Plan Liveability: The most desirable place to live, work and visit.

L6 Maintain Council’s infrastructure and assets essential for the sustainable operation of the City.

Purpose of ReportThis item was considered at the Council meeting of 16 March 2020. The matter was deferred and is now presented to Council for further consideration.

To consider whether the road between 851-853 Dandenong Road and 1 Clarence Street, Malvern East, which is shown as lot 1 on the plan contained in Schedule 1 to this Report, being part of the land contained in certificate of title volume 2105 folio 857 (Road), should be discontinued pursuant to the Local Government Act 1989 (Vic) (Act), and sold to the adjoining owner of the property known as 851-853 Dandenong Road, Malvern East.

Officer RecommendationThat Council:

1. DISCONTINUE the road between 851-853 Dandenong Road and 1 Clarence Street, Malvern East, which is shown as lot 1 on the plan contained in Schedule 1 to this Report, being part of the land contained in certificate of title volume 2105 folio 857 (“Road”): having followed the required statutory procedures pursuant to sections 207A and 223 of the Local Government Act 1989 (“Act”), and pursuant to its power under clause 3 of Schedule 10 of the Act, and having received no submissions in response to the public notice regarding Council’s proposal,

2. NOTE it is of the opinion that the Road is no longer reasonably required for general public use,

3. RESOLVE to discontinue the Road and sell the land to the adjoining owner of the property at 851-853 Dandenong Road, Malvern East; and

4. DIRECT that a notice pursuant to the provisions of clause 3(a) of Schedule 10 of the Act is to be published in the Victoria Government Gazette.

Executive SummaryThe statutory procedure for proposing to discontinue the Road has been followed and as no objections have been received, the Road is not required for general public use and would appear reasonable to discontinue and sell the Road to the Applicant.

The Applicant has agreed to acquire the Road for the current market value of $100K (plus GST) and to pay Council’s costs and disbursements associated with carrying out the proposed discontinuance and sale of the Road.

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BackgroundThe Road is shown outlined in red on the site plan contained in Schedule 2 to this Report (Site Plan). The Applicant has requested that Council consider whether to discontinue the Road and sell the discontinued Road to the Applicant at current market value. The Applicant has agreed to pay Council’s costs and disbursements associated with carrying out the proposal to discontinue the Road and transfer the former Road to the Applicant (Proposal).

On 30 September 2019, Council resolved to remove the Road from Council’s Register of Public Roads, and to give public notice pursuant to sections 207A and 223 of the Act of its intention to discontinue the Road and sell the land to the adjoining owner.

In accordance with section 223 of the Act, Council published a public notice of the proposed discontinuance in the ‘Stonnington Leader’ on 29 October 2019. The public notice submission period ended on 29 November 2019. A copy of the public notice is contained in Schedule 3 to this Report. No submissions were received by Council at the conclusion of the public notice submission period.

Key Issues and DiscussionRoad StatusThe Road is shown as a ‘road’ on title and is therefore a road which Council has the power to consider discontinuing pursuant to the Act. If the Road is discontinued, the Road will vest in Council. On 30 September 2019, Council resolved to remove the Road from Council’s Register of Public Roads. It is considered that the Road is no longer required for general public use as the Road is:

• not constructed as a road;

• used primarily as part of a private car park on the Applicant’s Property and has been used for this purpose for at least 10 years; and

• not used as a thoroughfare for pedestrian or vehicular traffic.

Adjoining OwnersThe Road also abuts the property known as 1 Clarence Street, Malvern East (Adjoining Property), being the whole of the land contained in certificate of title volume 5865 folio 830, shown outlined blue on the Site Plan. On 24 August 2018, the Adjoining Owner provided its written consent to the Proposal. A copy of the Adjoining Owner’s written consent is attached to this Report as Schedule 4.

Site InspectionA site inspection was conducted by Reeds Consulting on 2 April 2019. A copy of the site inspection report is attached to this Report as Schedule 5.

The site inspection notes that:

• a low brick wall along Clarence Street, Malvern East prevents direct access to the Road, and has done so for more than 20 years;

• the Road is being used as a private car park for the Applicant’s Property; and

• the Road is constructed of bitumen as a car park by a previous property owner.

Public Authorities

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In addition to Council, the following statutory authorities have been advised of the proposed discontinuance of the Road and have been asked to respond to the question of whether they have any existing assets in the Road, which should be saved under section 207C of the Act:

• Melbourne Water, CitiPower, Multinet Gas, Telstra, Optus, APA Gas and Yarra Valley Water.

Melbourne Water, CitiPower, Multinet Gas, Telstra, Optus, and APA Gas have advised that they do not have assets in or above the Road and do not object to the Proposal.

Yarra Valley Water advised in writing:

• on 1 February 2019, it objected to the Proposal due to a sewer main located in the Road;

• on 2 May 2019, it required an easement of 2.5 metres by 1.55 metres to be created in its favour over the Road. The easement has been included on the Road title plan; and

• on 28 May 2019, that it no longer objected to the Proposal.

Copies of the correspondence from Yarra Valley Water are contained in Schedule 6 to this Report. Any rights to existing assets which are required by the statutory authorities to be saved under section 207D of the Act, will be saved in any transfer of the Road.

Conditions of Discontinuance and SaleIf the Road is discontinued and sold to the Applicant, Council will require the Applicant to consolidate the title to the Road with the title to 851-853 Dandenong Road, Malvern within 12 months of the date of transfer of the Road to the Applicant, at its own cost.

ConclusionAs the Road is not required for general public use, it would appear reasonable to discontinue the Road and sell the Road to the Applicant.

Governance CompliancePolicy Implications

There are no policy implications associated with this report.

Financial and Resource Implications

The Applicant has agreed to acquire the Road for the current market value of $100K (plus GST) (Purchase Price). In addition to the Purchase Price of the Road, the Applicant has agreed to pay Council’s costs and disbursements associated with carrying out the proposed discontinuance and sale of the Road.

Conflicts of Interest Disclosure

No Council Officer and/or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.

Legal / Risk Implications

Council’s solicitors for this matter, Maddocks, will prepare and review relevant documentation in relation to this matter.

Stakeholder Consultation

External stakeholder consultation for this proposal has been conducted and outlined in this report.

Human Rights Consideration

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Complies with the Charter of Human Rights & Responsibilities Act 2006.

Attachments1. Schedule 1- Title Plan showing easement [13.13.1 - 1 page]2. Schedule 2 - Site Plan [13.13.2 - 2 pages]3. Schedule 3 - Public notice [13.13.3 - 1 page]4. Schedule 4 - Consent to adjoining owner [13.13.4 - 1 page]5. Schedule 5 - Site Inspection Report [13.13.5 - 6 pages]6. Schedule 6 - Correspondence from Yarra Valley Water [13.13.6 - 3 pages]

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13.14 Audit Committee Chairs Annual Report 2019Executive Manager Governance & Integrity: David Taylor Linkage to Council Plan Stewardship: Council will strive for excellence, ensuring that it has the capacity to deliver timely and efficient services to meet community needs and continually improve standards of service delivery.

S1 The City’s capacity to deliver the objectives of the Council Plan is based on our service culture, people, good governance, business systems and technology, asset and risk management and responsible financial planning.

Purpose of ReportTo present to Councillors the Audit Committee Chair’s Annual Report for 2019 prior to its submission to Council. The report is included as Attachment 1.

Officer RecommendationThat Council:

1. NOTE the Audit Committee Chair’s Annual Report for 2019;

2. NOTE that a verbal update not be required this year, due to the current State of Emergency being enacted in response to the COVID-19 Crisis.

BackgroundThe City of Stonnington Audit Committee is established under the provisions of Section 139 the Local Government Act 1989 and provides oversight and guidance for Council in the effective management and delivery of its operational and strategic services.

The Chairperson oversees two additional independent members and coordinates meeting discussion between the CEO and Executive, the Victorian Auditor General's staff and the internal auditors on specific matters.

During 2019, the Audit Committee met of 4 occasions and reviewed approximately 44 reports presented by Officers and Auditors.

The Chair of the Audit Committee is required to report annually to Council through the Chief Executive Officer. The Chair, in company of the Independent Member, to present to Councillors the Chair’s Annual Report for 2019.

Governance CompliancePolicy Implications

There are no policy implications associated with this report.

Financial and Resource Implications

There are no financial and resource implications associated with this report.

Conflicts of Interest Disclosure

No Council Officer and/or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.

Legal / Risk Implications

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There are no legal / risk implications relevant to this report.

Stakeholder Consultation

There was no requirement for external stakeholder consultation in this proposal.

Human Rights Consideration

Complies with the Charter of Human Rights & Responsibilities Act 2006.

Attachments1. Audit Committee Chairs Report 2019 [13.14.1 - 5 pages]

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13.15 Budget 20/21 Update

Manager Finance: Julia Gallace Director Corporate Services: Chris BalfourLinkage to Council Plan Stewardship: Council will strive for excellence, ensuring that it has the capacity to deliver timely and efficient services to meet community needs and continually improve standards of service delivery.

S1 The City’s capacity to deliver the objectives of the Council Plan is based on our service culture, people, good governance, business systems and technology, asset and risk management and responsible financial planning.

Purpose of ReportTo advise that the Local Government Minister has granted an extended deadline for the 2020/21 Council budgets until 31 August and for annual reports to 30 November due to the state-wide impacts from Covid-19.

Management has realigned the Council budget timetable accordingly.

Officer RecommendationThat Council NOTE that Council has been granted extra time to resolve the 2020/21 Council Budget until 31 August 2020 and for Council Annual Reports to 30 November 2020.

Executive SummaryThis report provides Council with an update of the revised dates provided from the Victorian State Government for Local Government submission of the 2020/21 Annual Budget and 2020/21 Annual Report, in compliance with the new Victorian Local Government Act 2020.

BackgroundOn 9 April 2020 the Minister for Local Government, pursuant to section 130(3) of the Local Government Act 1989, fixed the date by which Victorian councils must adopt their budgets in respect of the 2020–21 financial year, as 31 August 2020.

Section 94 of the Local Government Act 2020 requires Council to prepare and adopt an annual budget and Section 98 of the Local Government Act 2020 requires Council to prepare an annual report in respect of each financial year.

The Local Government Act 2020 requires Council to give public notice that the budget is available for inspection and to consider submissions received in respect of the budget prior to its adoption.

The impact of the COVID-19 pandemic and announcement of the State of Emergency in Victoria during March 2020 has resulted in a significant financial impact to all Council income streams as a result of business disruption and state-wide closures. The impacts on Council financial performance will be significant and Council operations must be tailored to meet community needs. Council expenditure will be restricted to balance short-term and long-term sustainability whilst delivering a capital program that meets new Council priorities within a changed environment.

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Key Issues and Discussion

The revised 2020/21 Budget will be developed through a comprehensive process of consultation and review. The budget process will follow the amended timetable below:Annual Budget Activity Revised Date

Councillor Briefing # 3 to review revised budget assumptions

Mon 4 May

Councillor Briefing # 4 to review proposed budget document for advertising

Mon 22 June

Council Meeting to approve proposed budget for advertising

Mon 29 June

Proposed budget available for public perusal Tues 30 June – Wed 29 Jul

s223 Hearing of Submissions and Councillor Briefing on submissions

Mon 17 Aug

Council Meeting - Adoption of Budget Mon 31 Aug

ConclusionThe extension will ensure Council has time to consider how the budget will support residents and businesses and align Council priorities to the changed environment.

The amended timetable will allow Council to adopt the budget by 31 August 2020 and to submit an annual report by 30 November.

Governance CompliancePolicy Implications

There are no policy implications associated with this report.Financial and Resource ImplicationsThe annual budget sets out the financial resourcing required to deliver on the Council Plan. Conflicts of Interest DisclosureNo Council Officer and/or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.Legal / Risk ImplicationsThere are no legal / risk implications relevant to this report.Stakeholder ConsultationThere was no requirement for external stakeholder consultation in this proposal.Human Rights ConsiderationComplies with the Charter of Human Rights & Responsibilities Act 2006.AttachmentsNil

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13.16 Lease of 162 Alexandra Avenue, South YarraManager Active Communities: James Rouse Director Community & Wellbeing: Cath HarrodLinkage to Council Plan Community: An inclusive City that enhances the health and wellbeing of all residents, where people can feel safe, socially connected and engaged.

C1 Enhance community health and wellbeing outcomes through quality service delivery and strategic partnerships.

C5 Increase participation in physical activity through long-term recreation planning and service delivery.

Purpose of ReportTo provide Council with feedback on the outcomes of the public notice under Section 223 of the Local Government Act 1989 in relation to its intention to lease land at 162 Alexandra Avenue, South Yarra for the purposes of a rowing boat shed.

Officer RecommendationThat Council NOTE the receipt of five (5) submissions in response to the public notice of its intention to lease land at 162 Alexandra Avenue, South Yarra to Wesley College for the purposes of an extended and improved boat shed.

Executive SummaryFollowing the public notice period in relation to the intention to lease land at 162 Alexandra Avenue, South Yarra to Wesley College for the purposes of an extended and improved rowing boat shed, Council has received five (5) submissions objecting to the proposed lease. Council must consider these submissions in accordance with the Act prior to determining to lease or not lease the land.

BackgroundAt its meeting on 18 November 2019, Council considered a confidential report in relation to the proposed lease of land at 162 Alexandra Avenue, South Yarra for the purposes of an extended and improved boat shed. At that meeting Council determined to undertake a statutory process under Section 223 of the Local Government Act 1989 inviting submissions in regard to its intention to enter in a thirty (30) year lease with Wesley College.

Key Issues and DiscussionAs per its obligations under the Act, Council advertised its intention to lease the land at 162 Alexandra Avenue to Wesley College on 3 December 2019 in the Stonnington Leader and on the website. Officers received five (5) submissions objecting to the proposed lease as follows:

Melbourne High School Council (with attached letters of support from the Melbourne High School Student Representative Council, and Melbourne High School Parents and Friends Association)

Melbourne High School Rowing Fraternity Melbourne High School Old Boys Association Rowing Victoria

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Mr Lachlan McKinnon (former MHS student)

A copy of each correspondence is attached.

The parties who made the submissions were notified in accordance with section 223 of the Act.

ConclusionFollowing the public notice period in relation to the intention to lease land at 160 Alexandra Avenue, South Yarra to Wesley College for the purposes of an extended and improved rowing boat shed, Council has received five (5) submissions objecting to the proposed lease.

Following consideration of these submissions by Council, Council officers will prepare a final report for Council’s consideration in progression of the lease.

Governance CompliancePolicy Implications

There are no policy implications associated with this report.

Financial and Resource Implications

There are no financial and resource implications associated with this report.

Conflicts of Interest Disclosure

No Council Officer and/or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.

Legal / Risk Implications

There are no legal / risk implications relevant to this report.

Stakeholder Consultation

There was no requirement for external stakeholder consultation in this proposal.

Human Rights Consideration

Complies with the Charter of Human Rights & Responsibilities Act 2006.

Attachments1. Como Park North - Boat Storage Facility - Wesley College - Lease Objection MHS

Council [13.16.1 - 4 pages]2. Como Park North - Boat Storage Facility - Wesley College - Lease Objection MHS

Rowing Fraternity [13.16.2 - 2 pages]3. Como Park North - Boat Storage Facility - Wesley College - Lease Objection MHSOBA

[13.16.3 - 2 pages]4. Como Park North - Boat Storage Facility - Wesley College - Lease Objection Rowing

Victoria [13.16.4 - 1 page]5. Como Park North - Boat Storage Facility - Wesley College - Lease Objection Lachlan

McKinnon [13.16.5 - 2 pages]

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13.17 Proposed Permanent Provisions for Non-Government Schools - Submission

Manager Statutory Planning: Alex Kastaniotis Director Planning & Place: Stuart Draffin

Purpose of ReportThe purpose of this report is to:

Inform and brief Council on proposed permanent planning provisions for non-government schools; and

Endorse Council’s submission to the State Government on the proposed planning provisions.

Officer RecommendationThat Council:

1. ENDORSE the submission (refer Attachment 2) to the Victorian State Government regarding the proposed permanent planning provisions for non-government schools; and

2. PROVIDE a copy of its submission to Local Members of Parliament, the State Opposition Leader and the State spokesperson on Planning, seeking their support and advocacy to the Government on the issues and concerns raised by Council on this matter.

Executive SummaryThe proposed planning reforms seek to implement a fast-track assessment process for all non-government schools and broaden the Minister for Planning’s role as responsible authority for new schools and significant expansions to existing schools on a permanent basis.

Department of Environment, Land, Water and Planning (DELWP) are seeking comments on the proposed changes to the planning provisions by Friday 8 May 2020.

The proposed changes are detailed at Attachment 1.

BackgroundOn the 15 October 2019, Council was invited to attend a consultation workshop as a result of a Department of Environment, Land, Water and Planning (DELWP) review of the planning framework for non-government schools. This was to identify possible streamlining opportunities within the Victorian planning system in line with a Government election commitment.

A workshop with a number of other Metropolitan and Regional Councils was held on the 15 November 2019. Following the workshop where Council expressed its verbal feedback, Officers were provided 2 weeks to provide written feedback. Officers submitted a follow up submission to the proposed interim and permanent reforms to DELWP on 29 November 2019. Given the short timeframes, there was no ability to prepare a submission to be considered by Council, however, Officers were of the view that it was critical that we

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provided a submission in writing. The issues/concerns raised was emailed to Councillors on 2 December 2019.

On the 3 December 2019 (2 business days after Councils submission), notice of approval of Amendment VC165 was gazetted in a Special Government Gazette. Amendment VC165 implemented interim planning provisions to streamline planning permit applications for non-government schools funded under the Victorian Government Non-Government Schools Capital Fund. Draft planning provisions have now been prepared to replace the interim planning provisions. Once implemented, the draft provisions will operate on a permanent basis. They are summarised as follows:Responsible Authority:

Minister for Planning will be the Responsible Authority for new primary schools, new secondary schools, and all projects at existing schools with an estimated cost of $4 million or greater. This has changed from the interim provision that had to be funded under the Victorian Government Non-Government Schools Capital Fund.

Applications are to be referred to Council as a recommending referral authority. Council is the Responsible Authority for all other applications.

Permit Assessment Process:

Buildings or works under $500,000 – VicSmart process (10 days decision time frame) All other applications – standard permit process (60 days decision time frame)

Notice and review rights:

No notice and review rights for VicSmart applications. Notice but no review rights for all other non-government school applications.

Key Issues and DiscussionMelbourne’s current population growth places pressure on the education sector and non-government schools play a major role in the education of Victorian students. However, any redevelopment and/or expansion of non-government schools should not deny the local communities access to a fair, transparent and democratic process which is facilitated through the existing planning permit approval process.

The City of Stonnington is located within an inner-city environment with no obvious sites for new schools such as on the city fringe or in regional areas. Our non-government schools often exist in well-established residential areas with high amenity expectations and high amenity experiences. Major redevelopment of these sites can significantly impact these residential communities and local businesses and are often a complex mixture of development and use pattern changes. In addition, often there are variable quality of relationships between schools and the community.

It is concerning that Council as the locally, democratically and elected representatives of the community will be significantly removed from the decision-making process. The proposed provisions will place greater weight on school development above local and democratic governance.

In this context, the proposal to only make Council a recommending referral authority and end review rights for large scale proposals would remove a fair process where parties are denied any meaningful opportunity to have a decision reviewed by an independent Tribunal. In general, Council is opposed to the proposed permanent reform that seek to remove these third party rights for Council and objectors.

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Councils draft submission is provided at Attachment 2.

ConclusionCouncil is opposed to the proposed changes to the planning provisions for the redevelopment of non-government schools. This report and submission raise a number of concerns and issues regarding the proposed permanent non-government school reforms. The provisions seek to erode the role of democratically elected Local Government and remove an important part of the Victorian planning system, being third party appeal rights.

Governance CompliancePolicy Implications

The proposed reforms remove Councils capacity to maintain transparent and accountable decision making at a local level.

Financial and Resource Implications

There are no financial and resource implications associated with this report.

Conflicts of Interest Disclosure

No Council Officer and/or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.

Legal / Risk Implications

There are no legal / risk implications relevant to this report.

Stakeholder Consultation

It is considered that the level and extent of community consultation has been poor and minimal.

Human Rights Consideration

Complies with the Charter of Human Rights & Responsibilities Act 2006.

Attachments1. Non Government Schools Report - Proposed Changes [13.17.1 - 7 pages]2. City of Stonnington - Planning for Non- Government Schools Submission [13.17.2 - 6

pages]

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14 Other General Business

15 Urgent Business

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16 Confidential Business16.1 Confidential: Regional Kitchen Pty Ltd

16.1 Confidential: Regional Kitchen Pty Ltd

Director Corporate Services: Chris Balfour

Confidential report is circulated separately under the Local Government Act 1989

This document is confidential information under Section 77 of the Local Government Act 1989 (as amended). The matter is deemed to be confidential under Section 89(2) (d) contractual matters a matter which the Council or special committee considers would prejudice the Council or any person.

This document is confidential information under Section 77 of the Local Government Act 1989 (as amended).

The matter is deemed to be confidential under Section 89(2) (h) any other matter which the Council or special committee considers would prejudice the Council or any person.

16.2 Confidential: Local Parks Program Funding

16.2 Confidential: Local Parks Program Funding

Director Planning & Place: Stuart DraffinConfidential report is circulated separately under the Local Government Act 1989

This document is confidential information under Section 77 of the Local Government Act 1989 (as amended). The matter is deemed to be confidential under Section 89(2) (e) proposed developments a matter which the Council or special committee considers would prejudice the Council or any person.