Notice Paper Monday 24 June 2013 at 7: 00 p m. Council Chamber, Stonnington City Centre

Notice Paper

Monday 24 June 2013 at 7:00 p.m.

Council Chamber, Stonnington City Centre

(enter off Glenferrie Road, Malvern)

RECONCILIATION STATEMENT

We acknowledge that we are meeting on the traditional land of the Boonwurrung and Wurundjeri people and offer our respects to the elders past and present. We recognise and respect the cultural heritage of this land.
PRAYER
Almighty God, we humbly beseech you, to grant your blessing on this Council, direct and prosper its deliberations to the advancement of your glory, and the true welfare of the people of the City of Stonnington. Amen.
NOTE
Council business is conducted in accordance with Part 4 Division 3 of the Meeting Procedure section of Council’s General Local Law 2008 (No 1). Some copies are available with the agenda or you can find a copy on Council’s website www.stonnington.vic.gov.au under local laws.
Council Meeting

Notice Paper

24 June 2013
Order of Business and Index

1. 
   Reading of the Reconciliation Statement and Prayer;
   
2. 
   Apologies;
   
3. 
   Adoption and confirmation of minutes of previous meeting(s) in accordance with Section 63 of the Act and Clause 423 of General Local Law 2008 (No 1);
   
4. 
   Disclosure by Councillors of any conflicts of interest in accordance with Section 79 of the Act¹
   
5. 
   Questions to Council from Members of the Public;
   
6. 
   Correspondence – (only if related to council business);
   
7. 
   Questions to Council Officers from Councillors;
   
8. 
   Tabling of Petitions and Joint Letters;
   
9. 
   Notices of Motion;
   
10. 
    Reports of Special and Other Committees; - Assembly of Councillors
    

• 
  Confirmation of IMAP Minutes 1 March 2013
  

11. 
    Reports by Delegates;
    
12. 
    General Business;
    

13. 
    Urgent Business; and
    
14. 
    Confidential Business.
    

1. consideration of proposed property purchase……………………………………..…………….45

Recommendation
That the Council confirms the Minutes of the Ordinary Meeting of the Stonnington City Council held on 3 June 2013 and Minutes of the Confidential Meeting of the Stonnington City Council held on 3 June 2013 as an accurate record of the proceedings.

j) Reports of Committees: IMAP

The Cities of Melbourne, Port Phillip, Stonnington and Yarra have each set up the Inner Melbourne Action Plan Implementation Committee, pursuant to Section 86 of the Local Government Act 1989, to provide a coordinated decision making process to facilitate the implementation of the Inner Melbourne Action Plan (IMAP), as adopted by member Councils in December 2005.
 Recommendation
That the Council confirms the minutes of the Inner Melbourne Action Plan Implementation Committee (IMAP) Meeting held on 1 March 2013 as an accurate record of the proceedings.

1.Planning Applications

1. Planning Application 0870/12 - 92 Finch Street, Malvern East – Partial Demolition and Subsequent Extension to a Dwelling within a Heritage Overlay

(Planning Appeals Coordinator: Gareth Gale)

(General Manager: Stuart Draffin)
PURPOSE
For Council to consider a planning application for part demolition and buildings and works to a dwelling on a lot in a Heritage Overlay at 92 Finch Street, Malvern East.
Executive Summary

Applicant:	James Cameron & Emma Quigley
Ward:	East
Zone:	Residential 1
Overlay:	Heritage Overlay (Schedule 133)
Date lodged:	27/11/2012
Statutory days:	108
Trigger for referral to Council:	Councillor call up.
Number of objections:	6
Consultative Meeting:	Held on 16 April 2013.
Officer Recommendation:	Issue A Notice of Decision to Grant a Planning Permit

BACKGROUND
The Proposal
The plans that form part of the basis of Council's consideration were prepared by Peter Jackson Design Pty Ltd and are known as Sheets 1 – 15. The plans are Council dated 25 February 2013.
Key features of the proposal are:
Demolition of:

• 
  The rear portion of the dwelling featuring the laundry, store, bathroom and garden room at ground floor, and portions of the rear walls associated with the store and bathroom at first floor.
  
• 
  The windows located within the projecting bay window associated with the dining room at ground floor.
  
• 
  The shed to the rear of the dwelling.
  
• 
  The recessed fence and gate located within the northern portion of the property frontage; and
  
• 
  A portion of the fence located within the southern section of the property frontage.
  

Construction of:

• 
  A double storey addition to the rear of the dwelling. At ground floor the extension features living areas, pantry, multi-purpose room, laundry, powder room, outdoor living areas and a 5 car garage. At first floor the extension features an extended bedroom 4 and a studio with associated amenities. The extension has been designed in a mock heritage design and will feature slate roofing and face brickwork construction. The extension will feature design details to match the existing dwelling such as rendered bands, long narrow windows and stucco roof gables.
  
• 
  An entrance to the dwelling located in place of the bay window located along the southern facade of the dwelling.
  
• 
  A pool and associated fencing to the north of the dwelling.
  
• 
  New crossover located near the southern boundary of the property frontage; and
  
• 
  Alterations to the front fence.
  

It is noted that the above constitutes a revised design. These revised plans were not readvertised given it was considered that no further material detriment would arise.

Site and Surrounds
The site is located on the eastern side of Finch Street, Malvern East. The site has the following significant characteristics:

• 
  A frontage to Finch Street of 35.05 metres, a depth of 45.42 metres and an overall area of 1591 square metres.
  
• 
  The site is occupied by a two storey Queen Anne dwelling that is afforded an A2 heritage grading.
  
• 
  The site is well vegetated and features three significant trees within the southern portion of the site.
  
• 
  A 2.1 metre high galvanised iron fence is constructed along the frontage to Finch Street.
  
• 
  A crossover is located within the northern portion of the frontage to Finch Street and provides vehicle access to the site; and
  
• 
  A 1.22 m wide easement is located along the southern edge of the site.
  

The site is interfaced by:

• 
  A series of attached two storey ungraded dwellings at 86 – 90 Finch Street, Malvern East are located to the south of the site. In terms of heritage significance, the dwellings are ungraded.
  
• 
  A large two storey Victorian villa that occupies the property to the north, 98 – 100 Finch Street, Malvern East. In terms of heritage significance, the dwelling is graded B.
  

The site and immediate surrounds are located with the Gascoigne Estate heritage precinct. The precinct is characterised by its prominent period style architecture and generous Queen Anne era dwellings.

Previous Planning Application(s)
A search of Council records indicates the following relevant planning applications:

• 
  Planning Permit 0870/06 issued on 29 November 2006 allowed partial demolition and subsequent alterations and additions to a dwelling on a lot within a Heritage Overlay. The permit was extended by the Tribunal until 29 November 2010. The permit has expired and was not acted on.
  
• 
  Planning Permit 300/11 issued on 23 August 2011 allows part demolition and buildings and works to a dwelling in a Heritage Overlay. The permit has not been acted on.
  
• 
  Planning Permit 880/12 issued on 15 March 2013 allows part demolition, buildings and works and the construction of a crossover to a dwelling on a lot in a Heritage Overlay. The permit has not been acted on.
  

The Title
The site is described on Certificate of Title Volume 10283 Folio 336 as Lots 1 and 2 on Title Plan 102512R. The land is burdened by a 1.22m wide easement that runs along its southern edge.
Planning Controls
The following controls/permit triggers are considerations for this application:
Zone
Clause 31.01 – Residential 1 Zone

Pursuant to Clause 32.01-3, a planning permit is required to construct or extend a dwelling on a lot of less than 500sqm. Given the site area is greater than 500sqm, a permit is not required under the Zone.

Overlay(s)
Clause 43.01 – Heritage Overlay

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

Relevant Planning Policies
The following provisions of the Scheme are relevant to the assessment of this proposal:
Clause 15.03 Heritage

Clause 21.06 Reference Document (Heritage Guidelines & Heritage Overlay Citations)

Clause 22.04 Heritage Policy

Clause 43.01 Heritage Overlay

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 site. The public notification of the application has been completed satisfactorily.
The site is located in East Ward and objections from 6 different properties have been received. Issues raised in the objections include:

• 
  Visual bulk
  
• 
  Tree removal
  
• 
  Loss of views
  
• 
  Overlooking
  
• 
  Overshadowing
  
• 
  Light/noise pollution
  
• 
  Neighbourhood character concerns
  
• 
  Heritage concerns
  
• 
  Loss of birdlife
  

A Consultative Meeting was held on 16 April 2013. The meeting was attended by Councillors Davie, McMorrow and Stubbs, representatives of the applicant, objectors and a Council planning officer.

At this meeting the permit applicant stated that they would look into the provision of a setback to the ground floor eastern boundary wall to allow for landscaping (and thereby the reduction in visual bulk). However, following a review of this aspect the Applicant has stated that they are not willing to do so, mainly because it already complies with ResCode (noting that this provision is not applicable in this instance).
Referrals
Heritage

• 
  The current proposal raises only minor heritage issues.
  
• 
  Some original fabric to the rear of the building and visible in the MMBW plan of 1908 building would be lost. This is incorrectly described as ‘an addition’ in the applicant’s planning report. This notwithstanding, fabric in this area contributes in a reasonably modest way to the character and significance of the building and its demolition can be supported.
  
• 
  The only issue in terms of demolition relates to an original bay window to the southern elevation. This would be demolished and replaced with a secondary entry.
  
• 
  While we might support the loss of a window to the sideage of a lesser graded building it cannot be supported on this occasion. The window forms a part of the original architectural design and contributes to the important garden elevation of the building. It is visible from the street by way of the wide view corridor along the drive way and adds to the character, integrity and significance of the dwelling.
  
• 
  The greater part of the proposed works comprises the construction of a new studio and garage arrangement to the southeast of the retained dwelling. These works adopt a mock historical demeanor reproducing details from the façade of the early building. This approach is generally discouraged. However, on this occasion, the outcome is offset by the substantial setback from the street to the addition and the presentation of the garage/studio as a separate volume. While a less literal reproduction of detailing found on the original dwelling is preferred, the addition can be supported on this occasion in its current form.
  

Parks

• 
  Three significant trees are located along the southern boundary of the property. The trees are a Lophostemon confertus (Queensland Brushbox), a Platanus x acerifolia (London Plane), and a Corymbia maculata (Spotted Gum).
  
• 
  Council would agree to the Spotted Gum removal subject to a landscape plan being submitted, which shows trees with a mature height of 10-12m included in the planting schedule.
  
• 
  A juvenile Quercus robur (English Oak) street tree is proposed to be removed to facilitate the construction of a vehicle crossover. This will be carried out by Council after receiving a removal and replacement fee of $550.00 from the applicant.
  
• 
  A Tree Management Plan must be submitted to manage the retained trees.
  

KEY ISSUES
Given the only trigger for the planning permit is the Heritage Overlay, the key issues are considered to be whether the proposed demolition and subsequent buildings and works are appropriate in light of the significance of the heritage place and precinct.
In considering the impact the proposal will have on the heritage significance of the street, it is recognised that the dwelling that occupies the site is A2 graded. Dwellings of this grade are considered to be of regional or metropolitan significance, and stand out as important milestones in the architectural development of the metropolis.
Clause 22.04 – Heritage Policy of The Stonnington Planning Scheme seeks to ensure that additions, alterations and replacement buildings are sympathetic to the heritage area and / or surrounds. The proposal’s compliance with this objective will be explored through an assessment of the proposed demolition and subsequent works.
Proposed Demolition
In regards to demolition, Council’s Heritage Guidelines state that partial demolition/removal of a graded property may be approved when the section of the building to be demolished is not visible from the street. In this instance, it is proposed to demolish the rear portion of the ground floor of the existing dwelling featuring the garden room, bathroom, store and laundry, and a minor amount of the rear of the first floor. These rooms are setback approximately 15 metres from the front of the dwelling, and approximately 34 metres from front property boundary. Due to the screening provided by the remaining dwelling, the substantial setbacks from the street, and the screening provided by the fences and vegetation on site, it is considered that the portion of dwelling to be demolished would contribute in a negligible manner to the heritage significance of the dwelling as perceived from Finch Street. It is noted that Council has no control over internal demolition.
It is also proposed to demolish a portion of the dining room projecting bay window located along the southern side of the facade. Whilst Council’s Heritage Advisor has raised concerns regarding this aspect of the proposal, it is noted that this window is setback approximately 12 metres from the front of the dwelling along its southern frontage. In addition, it is proposed to retain the original walls that frame the bay window. Lastly, demolition of this portion of the dwelling has been supported by Council on two separate occasions (Planning Permits 300/11 and 0870/06). For these reasons this component of the application is considered to be appropriate.
Other proposed demolition, such as the removal of the shed, path/driveway and the recessed gate/fence element will not adversely affect the heritage precinct.
Proposed Works
Due to the size of the subject site and the existing dwelling, it must be noted that the site has the capacity to accommodate a generous extension without degrading the significance of the heritage place.
The proposed addition will extend the existing dwelling towards the eastern and southern property boundaries. Included within the extension at ground floor will be an open living, kitchen and family area, a walk in pantry, a multi-purpose room, powder room and a five car garage. At first floor (hidden within an attic storey) the extension features a studio and associated amenities. The proposed extension will be largely located to the rear of the existing dwelling, and is designed in a mock-historical manner. Other elements, such as the carport, will be setback approximately 14 metres from the front of the dwelling, and approximately 32 metres from the front site boundary.

Due to the large setbacks, the location/scale of the front and side fences and the onsite vegetation, views to the southern wing of the extension will be largely obstructed. Whilst visible from Finch Street, the proposed extension will be identifiable as a separate built volume from the original dwelling, an outcome encouraged by Council’s Heritage Guidelines.

The proposal seeks to relocate the crossover and fence gate to a location near the southern allotment boundary. Given the proposal does not seek to introduce a new crossing, this is not considered unreasonable. Further, the front fence and gate will be repaired/installed with materials that match those of the existing fence in design and scale.
Other proposed works, such as the installation of the swimming pool to the north of the dwelling, the path/driveway and the installation of the rainwater tank will not impact the heritage precinct.
For these reasons, the extension will not adversely impact the manner in which the A2 graded dwelling presents to the street, thus preserving its significance.
It is noted that the construction of the boundary wall associated with the garage will require the demolition of a portion of the 1.8 metre high brick wall currently developed along the eastern property boundary. This demolition is not illustrated on the proposed demolition plans that form part of this application. To rectify this, the applicant has consented to planning permit condition (should a permit issue) requiring the submission of a revised demolition plan illustrating the demolition of a portion of this fence to the satisfaction of the Responsible Authority.
Impact to Trees / Landscaping
The proposal involves the relocation of a street tree (an English Oak) to allow for the installation of the new crossover, and the removal of mature vegetation to allow for the proposed extension. Council’s Parks department identified three significant trees within proximity of the proposed works including a Queensland Bushbox, a Spotted Gum and a London Plane. It is proposed to remove one of these trees, the Spotted Gum.
Council’s Parks Department has consented to the removal of the Spotted Gum subject to two replacement mature trees (to the satisfaction of Council in terms of species/planting location) being planted. This is considered to be a positive outcome as it will result in a net increase of mature vegetation on site.

In accordance with the Parks advice provided, a number of conditions will be included on the planning permit (should one issue) to offset the vegetation removal, and to allow the relocation of the English Oak street tree and to manage the significant trees that are being retained.

Water Sensitive Urban Design
The proposal includes an underground water tank to be installed to the north west of the existing dwelling. A formal Water Sensitive Urban Design Response will be sought as a condition of permit (should one issue) to ensure the proposal’s compliance with Council’s draft Water Sensitive Urban Design policy.
Objections
In response to the grounds of objection not already discussed in the report, the following comments are made:

• 
  Amenity based concerns are not addressed in this report as the assessment is limited to heritage matters only.
  
• 
  Light/noise pollution is expected to be within the normal realms of a dwelling and is generally not a valid planning consideration. It is noted that there are EPA Regulations that occupants of the dwelling will need to comply with.
  
• 
  Loss of wildlife due to development is not a valid planning consideration given the lack of any statutory control affecting the land.
  
• 
  The loss of views/outlooks is not a valid planning 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 Victorian Charter of Human Rights and Responsibilities Act 2006.
CONCLUSION
Having assessed the application against the relevant planning controls, it is recommended that the proposal be supported for the following reasons:

• 
  The proposed demolition will not impact the heritage values of the site and setting unreasonably.
  
• 
  The location, bulk, form and appearance of the proposed extension will not adversely affect the significance of the heritage place or precinct.
  

RECOMMENDATION
That a Notice of Decision to Grant a Planning Permit No: 870/12 for the land located at 92 Finch Street, Malvern East be issued under the Stonnington Planning Scheme for part demolition and buildings and works to a dwelling on a lot in a Heritage Overlay subject to the following conditions:

1. 
   Before the commencement of the development three (3) copies of plans drawn to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the revised plans Council dated 25 February 2013 but modified to show:
   

1. 
   Demolition of a portion of the 1.8 metre high rear fence to the satisfaction of the Responsible Authority.
   
2. 
   Any changes required by Condition 6.
   
3. 
   Any changes required by Condition 9.
   

2. 
   The development must be in accordance with the endorsed plans unless otherwise agreed in writing by the Responsible Authority.
   

3. 
   Prior to the commencement of development, a landscape plan to be prepared by a landscape architect or suitably qualified or experienced landscape designer, must be submitted to and approved by the Responsible Authority. When approved, the landscape plan will be endorsed and will then form part of the permit. The landscape plan must be drawn to scale with dimensions and three copies must be provided. The landscape plan must show:
   

1. 
   A survey (including botanical names) of all existing vegetation to be retained and/or removed
   
2. 
   Buildings and trees (including botanical names) on neighbouring properties within three metres of the boundary
   
3. 
   Details of surface finishes of pathways and driveways.
   
4. 
   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
   
5. 
   Landscaping and planting within all open areas of the site.
   
6. 
   Replacement planting featuring 2 canopy trees (minimum 3-4 metres tall when planted and a mature height of 10-12 metres) located to the satisfaction of the Responsible Authority.
   

4. 
   Before the occupation of the development, the landscaping works as shown on the landscape plan 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. 
   Concurrent with the endorsement of 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.
   

The tree management plan must detail measures to protect and ensure the viability of the mature Lophostemon confertus (Queensland Brushbox) and the Platanus x acerifolia (London Plane) located to the south of the existing dwelling.
Without limiting the generality of the tree management plan it must have at least three sections as follows:

1. 
   Pre-construction – 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.
   
2. 
   During-construction – details to include watering regime during construction and method of protection of exposed roots.
   
3. 
   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 Parks Unit. Removal of protection works and cessation of the tree management plan must be authorised by the Parks Unit.

7. 
   No vehicular or pedestrian access, trenching or soil excavation is to occur within the Tree Protection Zone without the written consent of the Responsible Authority. No storage or dumping of tools, equipment or waste is to occur within the Tree Protection Zone.
   

8. 
   All costs for the removal and the replacement of the street tree ($550) are to be borne by the permit holder and paid prior to the commencement of works associated with the installation of the crossover. All works relating to the removal of the street tree will be undertaken by Council.
   

9. 
   Concurrent with the endorsement of plans, the applicant must provide a Water Sensitive Urban Design Response addressing the Application Requirements of the draft Stormwater Management (Water Sensitive Urban Design) Policy to the satisfaction of the Responsible Authority.
   

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 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.
    

12. 
    The crossover must be constructed to Council’s Standard Vehicle Crossover Guidelines unless otherwise approved by the Responsible Authority.
    

13. 
    This permit will expire if one of the following circumstances applies:
    

1. 
   The development is not started within two years of the date of this permit.
   
2. 
   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:
This permit does not constitute any authority to carry out any building works or occupy the building or part of the building unless all relevant building permits are obtained.
This property is located in a Heritage Overlay and planning permission may be required to demolish or otherwise externally alter any existing structures. External alterations includes paint removal and any other form of decoration and works, but does not include re-painting an already painted surface.
This permit application was not assessed against the provisions of Clause 54 – One Dwelling on a Lot (ResCode) of the Stonnington Planning Scheme. As such, it is the responsibility of the applicant/owner to appoint a Registered Building Surveyor to determine compliance of the endorsed plans associated with the issue of this Planning Permit against Part 4 of the Building Regulations 2006. Non-compliance with any Regulation will require dispensation from Council’s Building Control Services Department.
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:

1. 
   with a trunk circumference of 180 centimetres or greater measured at its base; or
   
2. 
   with a trunk circumference of 140 centimetres or greater measured at 1.5 metres above its base; or
   
3. 
   listed on the Significant Tree Register.
   

Please contact the Council Arborists on 8290 1333 to ascertain if permission is required for tree removal or pruning or for further information and protection of trees during construction works.
The crossover must be constructed to Council’s Standard Vehicle Crossover Guidelines unless otherwise approved by the Responsible Authority.
Attachments - Locality Plans, Site Plan, Floor Plans, Elevations, Objector Map