Agenda of Council Meeting - 18 December 2017

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Monday, 18 December 2017

General Business

18 December 2017

General Business

18 December 2017

Notice Paper

Monday 18 December 2017 at 7pm

Council Chamber, Malvern Town Hall,

(enter off Glenferrie Road, Malvern)

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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.

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Council Meeting

Notice Paper

Monday 18 December 2017

Order of Business and Index

a)Reading of the Reconciliation Statement and Prayer

b)Apologies

c)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)

1.Minutes of the Council Meeting held on 4 December 20175

d)Disclosure by Councillors of any conflicts of interest in accordance with Section 79 of the Act[footnoteRef:1] [1: Note that s.79(1)(a) of the Act requires Councillors to disclose the nature of a conflict of interest immediately before the relevant consideration or discussion.]

e)Questions to Council from Members of the Public (Clause 424 of General Local Law 2008 (No 1)

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

g)Questions to Council Officers from Councillors

h)Tabling of Petitions and Joint Letters

i)Notices of Motion

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

k)Reports by Delegates

l)General Business

1.Planning Application 0685/15 - Windsor Station 167 Peel Street, Windsor - Restaurant and cafe liquor licence associated with part use of the land as a food and drink premises (cafe), on-premises liquor licence associated with part use of the land as a tavern, a reduction in the car parking requirement and buildings and works in a Public Use Zone7

2.Planning Application 0578/15 - 671 Chapel Street, South Yarra - use and development of the land for dwellings, offices (including maternal and child health centre), shops (as of right use) and food and drink premises (as of right use), building and works in an Activity Centre Zone, with associated reduction in the car parking requirement and alteration of access to a road in a Road Zone, Category 131

3.Planning Application 0688/15 - 1252 malvern road, malvern - section 72 amendment to the approved planning permit and plans to allow liquor to be sold and consumed in part of the footpath trading area67

4.Planning Application 0635/17- 1-4/2 Lumley Court, Prahran - construction of a three storey apartment building containing five new dwellings over a basement car park 79

5.Planning Application 1043/16- 189 Toorak Road, South Yarra - construction of a multi-level mixed use building comprising shops, offices and dwellings103

6.Planning Application 0222/17- 973 Dandenong Road, Malvern East VIC 3145 – Construction of a multi-dwelling development in a Residential Growth Zone and alteration of access to a road in a Road Zone Category 1131

7.Application to Amend Planning Permit 54/16 - 2-4 Chambers Street, South Yarra VIC 3141- Addition of an additional level to the approved four storey building (5 storeys total), reducing the number of dwellings from 13 to 11 and associated redesign of floor plans161

8.Draft Toorak Park and Victory Square Concept Masterplan169

9.Sustainability Snapshot 2016-17175

10.Tree up lighting179

11.Hedgeley Dene Gardens - Maintenance183

12.Gardiner Park Pavilion Design189

13.Working with Children Checks - Councillors197

14.Council Committees, Delegates/Representatives201

15.Proud 2 Play: Community Grant 2017-2018 211

16.VCAT Quarterly Report – third quarter of 2017 – July 2017 to September 2017213

17.Prahran Market Operating Report to Council for the Quarter Ended 30 September 2017215

m)Other General Business

n)Urgent Business

o)Confidential Business

1.Prahran Market Financial Report to Council for the Quarter Ended 30 September 2017217

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Recommendation

Adoption and Confirmation of Minutes Of Previous Meetings

18 December 2017

Adoption and Confirmation of Minutes Of Previous Meetings

18 December 2017

That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 4 December 2017 and Minutes of the Confidential Meeting of the Stonnington City Council held on 4 December 2017 as an accurate record of the proceedings.

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l)General Business

1.Planning Application 0685/15 - Windsor Station 167 Peel Street, Windsor - Restaurant and cafe liquor licence associated with part use of the land as a food and drink premises (cafe), on-premises liquor licence associated with part use of the land as a tavern, a reduction in the car parking requirement and buildings and works in a Public Use Zone

Manager Statutory Planning: Alexandra Kastaniotis

General Manager Planning & Amenity: Stuart Draffin

For Council to consider a planning application for a restaurant and cafe liquor licence associated with part use of the land as a food and drink premise (cafe), on-premises liquor licence associated with part use of the land as a tavern, a reduction in the car parking requirement and buildings and works in a Public Use Zone at 167 Peel Street, Windsor (Windsor Railway Station).

Executive Summary

Applicant:

Methodius Investments P/L

Ward:

South

Zone:

Public Use Zone

Overlay:

Heritage Overlay

Date lodged:

04 August 2015

Statutory days: (as at council meeting date)

481

Trigger for referral to Council:

More than 7 objections

Patron Numbers:

Tavern: 175

Café: 30

Kiosk: 30

Number of objections:

30

Consultative Meeting:

Yes - held on 29 August 2017

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 RBA Architects & Conservation Consultants and are known as Drawing No’s. TP-001, EC-101, EC-201, EC-202, EC-301, EC-302, EC-401, EC-402, TP-101, TP-201, LL-231, TP-301, TP-302, TP-401, TP-402 all Council date stamped 19 April 2017.

It is noted that the applicant provided additional information on 14 November 2017. This included an acoustic report and further waste management and loading details. Discussion plans were submitted 22 November 2017 to show an amended toilet layout at platform level with a new internal door and direct access provided to female toilets from within the tavern premises.

Key features of the proposal are:

Café and Kiosk

Construction of a new building to be used as a cafe located at street level with pedestrian access via Peel Street.

The café is to be located along the embankment between Peel Street and the pedestrian ramp to the railway platform

The café is to have a height of 3.76 – 4.135 metres above footpath level on the Peel Street elevation.

The café is to be predominantly glazing with metal window frames and metal roof. A new deck is proposed to the north-west of the café building.

A free-standing kiosk is proposed to be installed at platform level adjacent to the access ramp.

Associated restaurant and cafe liquor licence with a maximum of 30 patrons proposed for the café and 30 patrons proposed for the kiosk. The café is also proposed to have a licensed footpath trading area.

Licensed hours of operation for both the kiosk and the cafe are:

-between 6.30am and 11 pm Monday to Friday,

-between 7am and 11 pm Saturday,

-between 8am and 11 pm Sunday.

Tavern

The existing station building is proposed to be used as a tavern with associated on-premises liquor licence.

A maximum of 175 patrons are proposed and licensed hours of operation are:

-between 5pm and 11 pm Sunday to Wednesday,

-between 5pm and 1 am Thursday to Saturday.

The proposed buildings and works include alterations to the steps, ramps, balustrades and the entry as well as new decking adjacent to Peel Street and the footbridge associated with the existing station building.

Site and Surrounds

The site is located on the northern side of Peel Street, to the west of Chapel Street and approximately 100 metres north of Dandenong Road in Windsor. The subject site comprises part of the Windsor Railway Station and has the following key characteristics:

The site comprises station buildings, platforms, pedestrian ramps and access, and the Sandringham railway line.

The relevant parts of the site that are the subject of this proposal are the station building on Peel Street which is currently vacant and is proposed to accommodate a tavern, the embankment adjacent to the Peel Street pedestrian ramp leading to the city-bound train platform which is proposed to accommodate a new cafe, and part of the city-bound platform proximate to the ticket machine area which is proposed to accommodate a kiosk.

The surrounding area is characterised as follows:

The subject site is located within the Chapel Street Activity Centre which accommodates residential, shopping, business, civic, cultural and entertainment use and development.

The surrounding area comprises a mixture of commercial uses including shops, cafes, and offices primarily situated on Chapel Street.

To the north of the site is Maddock Street which is a cul-de-sac with the following:

-A mixed use commercial and apartment building at No. 2 Maddock Street located within the Activity Centre Zone.

-An office at No. 1 Maddock Street which currently is the subject of a planning application for buildings and works associated with a food and drink premises.

-A tavern at No. 37-39 Chapel Street.

All properties within Maddock Street are within the Activity Centre Zone.

Also to the north of the site is the rear of the Melbourne Bowling Club. The rear interface of this site proximate to the subject site includes a water tank and open grassed area.

To the south of the site is Peel Street. On the opposite side of Peel Street is:

-A five storey building with ground level commercial space and upper level dwellings at No. 174 Peel Street. This site is located within the Activity Centre Zone.

-A three storey mixed use building with commercial located at the front and dwellings to the rear facing Albert Street at No. 170 Peel Street (also known as 153 Albert Street). This site is within the General Residential Zone.

To the east of the site is Chapel Street with commercial buildings located opposite.

To the north-west of the site is a dwelling located at No. 165 Peel Street. This dwelling is approximately 22 metres from the station building and is located within the General Residential Zone.

Further west along Peel Street are dwellings and apartment buildings located within the General Residential and Neighbourhood Residential Zone.

Previous Planning Application(s)

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

Planning Permit No. 865/99 was issued 12 November 1999 for buildings and works to the existing railway station including use as a 34 seat café.

Planning Permit No. 219/04 was issued on 23 August 2004 for use of part of the land for a tavern for no more than 150 patrons and associated liquor licence and car parking dispensation. This permit was not acted on and expired on 31 May 2008.

It is noted that this permit allowed the operation of a tavern use and associated liquor licence with hours as follows:

The use hereby approved shall only operate between the following hours:

Monday to Wednesday, 7am to 12.30am the following day.

Thursday to Saturday, 7am to 1am the following day.

Sunday, 10am to 12.30am the following day.

Good Friday and Anzac Day, 12 noon to 12.30am the following day.

Any Liquor Licence granted in association for the proposal shall only operate between the following hours:

Monday to Wednesday, 7am to 12.30am the following day

Thursday to Saturday, 7am to 1am the following day.

Sunday, 10am to 12.30am the following day.

Good Friday and Anzac Day, 12 noon to 12.30am the following day.

The Title

The site is described on Certificate of Title Volume 10585 Folio 542 / Title Plan 762977J and no covenants or easements affect the land.

Planning Controls

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

Zone

Clause Public Use (Transport) – Clause 36.01

Pursuant to Clause 36.01-1 a permit is required to use the land for any use other than a railway, railway station or tramway. Accordingly, a permit is required for part use of the land as a café and tavern.

Pursuant to Clause 36.01-2 a permit is required to construct a building or construct or carry out works for any use in Section 2 of Clause 36.01-1.

Pursuant to Clause 36.01-3, an application for a permit by a person other than the relevant public land manager must be accompanied by the written consent of the public land manager, indicating that the public land manager consents generally or conditionally either:

To the application for permit being made;

To the application for permit being made and to the proposed use or development.

Written consent from Metro Trains Melbourne Pty Ltd (being the public land manager) was submitted to Council on 21 March 2017.

Overlay

Heritage Overlay – Clause 43.01

Pursuant to Clause 43.01-1 a planning permit is required to demolish a building and to construct or carry out works. However, pursuant to Clause 43.01-2, a permit is not required to develop a heritage place which is included on the Victorian Heritage Register. As Windsor Railway Station (being the land located at No. 167 Peel Street including all station buildings) is listed on the Victorian Heritage Register, a permit is not required under the Heritage Overlay.

Particular Provisions

Clause 52.06 – Car Parking

Pursuant to Clause 52.06-3 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 52.06-5 a tavern requires 0.4 car spaces per patron permitted. A food and drink premises (café) requires 4 car spaces to each 100 square metres of leasable floor area.

Given that the proposed tavern includes a maximum of 175 patrons, 70 car spaces are required in relation to this use.

Given that the proposed café is 38 square metres and the proposed platform level kiosk is 30 square metres, a total of 2 car spaces are required in relation to both food and drink premises.

No car spaces are proposed to be provided on site. Overall, the proposal seeks a reduction of 72 car spaces.

Clause 52.27 – Licensed Premises

Pursuant to Clause 52.27 a permit is required to use land to sell or consume liquor if licence is required under the Liquor Control Reform Act 1998. Accordingly, a permit is required for the proposed restaurant and café licence associated with the café and kiosk, and the on-premises licence associated with the tavern.

Relevant Planning Policies

Clause 11.06 Metropolitan Melbourne

Clause 15Built Environment and Heritage

Clause 17Economic Development

Clause 18Transport

Clause 21.04Economic Development

Clause 21.06Built Environment and Heritage

Clause 22.10Licensed Premises Policy

Clause 22.21Awnings Policy

Clause 36.01Public Use Zone

Clause 43.01Heritage Overlay

Clause 52.06Car Parking

Clause 52.27Licensed Premises

Clause 65Decision 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 4 signs on the site. The public notification of the application has been completed satisfactorily.

The site is located in South Ward and objections from 30 different properties have been received. The objections can be summarised as follows:

Noise impacts.

Antisocial behaviour.

Litter impacts and waste management.

Car parking and traffic impacts.

Oversaturation of licensed premises.

Impacts on train station safety and commuters.

Excessive patron numbers.

Excessive hours.

Impact to Peel Street park.

Lack of clarity around proposed bicycle parking.

Unsuitable location of tavern close to residential properties.

Negative impact on historic architecture of Windsor Station.

Impacts on privacy from external decks.

Odours emanating from the premises.

Impact on school children in the surrounding area.

The acoustic report doesn’t include noise monitors on the north side of the station near Maddock Street, doesn’t account for the elevation of the station buildings.

A Consultative Meeting was held on 29 August 2017. The meeting was attended by Councillors Stefanopoulos and Hindle, representatives of the applicant, objectors and a Council planning officer. Subsequent to the meeting the applicant provided the following additional information:

An acoustic report,

Further waste management details

A revised café design to accommodate 18 bicycle spaces on site.

Commitment to reduction in the proposed hours of operation for the tavern premises to close at 12.30am (instead of 1am) Thursday-Sunday.

Discussion plans to show access to female toilets from within the premises.

Referrals

Transport and Parking Unit

Given the location of the proposed food and drink premises within an activity centre and at a train station, a parking dispensation for 72 spaces is considered acceptable. Patrons are most likely to be commuters from the train station, locals within the area or visitors already within the activity centre. It is assumed that the majority of patrons for the facility are not likely to drive to the location for the sole purpose of attending the venue. This arrangement is applicable to many of the existing food and drink premises located within the Chapel Street precinct.

20 bicycle parking spaces are proposed on the verge (naturestrip / footpath) and not onsite. This arrangement is not considered acceptable, all parking should be onsite.

In light of the justification provided within the submitted traffic report, the overall proposal can be accepted if the bicycle parking is to be provided onsite.

The proposed development does not include a loading bay onsite. It is noted that there are short term (15min) parking spaces available in the area and a loading zone, however these spaces are in high demand by the existing shops and food and drink premises in the area.

Further data should be provided to indicate how the loading requirements of this facility can be accommodated in the surrounding area.

No bicycle parking design requirements have been provided, as such revised material is required for review clearly showing design specifications with bicycle parking provided onsite.

It is noted that the waste collection is proposed to occur through a private contractor. This arrangement can be accepted. Notwithstanding, the bins should be placed out neatly and not impact the pedestrian amenities and use of the footpath, particular as the area will have a large amount of pedestrian traffic for the train station.

Planner Note:

The applicant has provided discussion plans (submitted 22 November 2017) to show 18 bicycle parking spaces provided on site adjacent to the proposed café. Specifications of this parking has also been provided.

Advocacy Performance and Improvement

The proposal will contribute to the existing cluster of licensed premises located in close proximity to each other in the area. In saying this, the licensed venues within the cluster are diverse in nature, with the majority being restaurants and cafes which can be considered as low risk venues. Restaurants are usually associated with fewer adverse effects than other licensed venues.

There is a concentration of late night venues in close proximity to the proposed venue, with crime statistics demonstrating that the majority of alcohol related offences within metropolitan night time entertainment precincts occur between 1.00am and 5.00am on Saturday and Sunday mornings.

The proposed venue within Windsor Station may impact on congregation in the street at closing time due to a number of other venues also closing at 11.00pm and 1.00am respectively (the same times as the proposal).

The inclusion of patrons within the footpath trading area also increases the potential for confrontation with people passing by and those looking to access the train station itself.

A consideration regarding the closing time of the bar between Thursday and Sunday would be to reduce operating hours to 12.30am on these days to limit another venue also closing at 1.00am in close proximity to numerous other venues with the same closing time.

The proposed patron number calculation provided by the applicant includes the ramp and lounge entry as total areas available for use. As outlined in Design Guidelines for Licensed Venues (Department of Justice - DOJ)), both entries and exits should be maintained free of congestion. These spaces should be taken out of consideration for determining overall patron numbers.

Overall patron numbers of 175 for bar (based on bar, decks and lounge spaces) are still suitable based on DOJ calculations of 0.75m² per person. Proposed patron calculations for the Café and Kiosk are suitable.

Patrons should not be able to congregate on Ramp or Lounge Entry areas as these should only be used for patron entry and exit.

In the general area there are other late night venues with patron numbers ranging from 100-200 and other venues up to 400. If not effectively managed by the Venue Operator, the addition of up to an additional approximately 200 patrons to the area may further contribute to current amenity issues reported to VicPol by nearby residents including loud music and patron noise from outdoor areas.

Other types of land uses nearby include numerous pubs and late night venues and restaurants and cafes.

The train station is already a congregation spot which would be further influenced by a significant increase of patrons in the immediate area through the establishment of the proposed venue.

The proposal to include a number of outdoor decks and a footpath trading area may add to amenity issues of patron noise in close proximity to nearby residents and also increase the potential for confrontation with people passing by or accessing the train station. Restricting access to the outdoor decks beyond 12am will assist in reducing potential amenity issues already existing within the area.

Information recently provided by VicPol has indicated complaints made regarding music and patron noise from outdoor seating areas at other nearby taverns in the area.

More detail on seating within the premises should be provided. The provision of seating is a key mechanism for reducing ‘vertical drinking’ culture associated with numerous late night venues

The day time use associated with the café and kiosk is encouraged as in accordance with the Licensed Premises Policy.

The proposal for another late night venue with outdoor areas and footpath trading has the potential to result in increased noise and amenity issues for neighbouring residents after midnight.

Further to the patrons within the premises, amenity concerns may also occur as a result of patrons queuing to the venue.

The proposal to have patrons within a train station may result in public nuisance issues when groups entering the train station encounter patrons using outdoor areas associated with the venue.

The operator should undertake litter patrol and keep the area free of litter on the footpath in the immediate vicinity of the premises.

The applicant should join the Stonnington Liquor Accord.

The Municipal Strategic Statement recognises the importance of licensed premises and their contribution to the vitality and viability of the City, however they should not dominate or adversely affect activity centres and the surrounding residential areas.

Furthermore, residents living in close proximity to activity centres or Commercial 1 Zones experience the benefit of convenient access to shops, entertainment and bars and as such may not reasonably expect the same degree of peace and quiet as those living in residential areas. Despite this, residents of nearby dwellings are still entitled to relief from excessive noise and licensed premises should expect more restrictions upon their operations if they are situated in or near residential zones, rather than in the core of an activity centre.

Further information should be provided in relation to:

-Noise and Amenity Action Plan including processes to minimise noise, clarification as to whether speakers will be located on outdoor decks, delineate smoking areas.

-Addressing the relevant elements outlined in the Design Guidelines for Licensed Venues. This is due to the proposed location within the IPO3 (despite being zoned as Public Use Zone – due to premises being developed within a train station).

-Clarification of seating numbers across each of the proposed areas to minimise “vertical drinking” culture.

-Clarification as to provision of food within bar.

-Details of proposed CCTV installation.

-Details of what additional lighting for outside areas will be installed.

A condition of any permit issued should restrict patrons from congregating on ramp and lounge entry (based on Design Guidelines which states that entries should be free of congestion and designed to move people swiftly from entry in to premises).

A condition of any permit issued should limits queuing to ramp entry and foot bridge and not spill out on to the street.

Planner Note:

A condition will be included on any permit issued requiring the Noise and Amenity Action Plan confirm location of speakers, lighting and CCTV cameras.

A response to the Design Guidelines for Licensed Venues is not considered necessary as the proposal seeks to use an existing building. Furthermore, the building is listed on the Victorian Heritage Register and minimal external alteration is possible. It is also noted that the subject site is not within the Incorporated Plan Overlay – Schedule 3 which relates to late night venues.

With regard to provision of food, the applicant has advised that food will be served from Monday to Friday from 5pm to 10pm (dinner service) with full menu and bar snacks available after 10pm. This large commercial kitchen at platform level is evidence of this intention.

Waste

A commercial development would be entitled to 1 x 120 litre MGB collected weekly plus be entitled to access up to 2 x 240 litre MRB’s collected fortnightly.

Provision for the storage of waste bins, as per Council’s Local Law, must be made and must appear on the proposed plans for assessment.

The storage and disposal of plastic and cardboard recyclables must be detailed.

Detail must be provided around how bins will be stored and transported from where they are stored to the kerbside for collection. How bins are presented for collection must be included in the waste management plan.

The suggested waste collection point of Chapel St at the corner of Peel St is unacceptable. An acceptable bin collection point, immediately outside the building development, must be nominated within the waste management plan.

Any Planning Permit issued for this development must include a clause requiring the submission and approval of a Waste Management Plan. Once a Planning Permit has been issued for the development a Waste Management Plan, amended to address the issues raised above, must be submitted for approval.

Infrastructure Unit

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.

All proposed works must be clear of Peel Street.

Building and Local Laws

No objection.

KEY ISSUES

Council’s strategic vision for the municipality includes economic development and entertainment and hospitality uses which are recognised for their contribution to the vitality and viability of the City without dominating or adversely affecting activity centres and the surrounding residential areas.

Clause 17.01-1 (Business) seeks to encourage development which meet the communities’ needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities. Clause 21.04-2 (Entertainment Uses) seeks to support entertainment uses in activity centres that reflect the role and function of individual centres whilst minimising adverse amenity impacts.

Clause 21.04-2 aims to ensure that entertainment uses are directed to activity centres and away from locations close to residential zones where licensed trade occurs after 11pm. The amenity and safety issues associated with outdoor dining and smoking must be managed. This policy also aims to ensure links between entertainment venues and transport and parking.

Clause 22.10 (Licensed Premises Policy) provides guidance for licensed premises, generally directing that such uses be located within activity centres. The policy specifies that licensed premises operating after 11pm should be located within a Principal Activity Centre and away from residential land.

Clause 52.27 (Licensed Premises) guides Council to consider the cumulative impact of any existing licensed premises and the proposed licensed premises on the amenity of the surrounding area, taking into account the hours of operation and number of patrons.

Having regard to relevant policy and objections, the key issues in consideration of this application are:

The use of the land as a café, kiosk and tavern with associated buildings and works within a Public Use Zone.

Amenity issues associated with the liquor licenses including noise, hours, and patrons.

The car parking and traffic impacts of the proposal.

Land Use and Buildings & Works

The relevant objectives of the Public Use Zone are:

To recognise public land use for public utility and community services and facilities.

To provide for associated uses that are consistent with the intent of the public land reservation or purpose.

The proposal maintains the role and function of the railway station whilst activating currently unused spaces. It is considered that the activation of these currently vacant areas is a positive outcome.

Although not within the Activity Centre Zone, the site is within the Windsor Neighbourhood Activity Centre of the wider Chapel Street Activity Centre. The Chapel ReVision Structure Plan highlights that the objectives for Windsor include:

A distinctive local neighbourhood centre and urban village that is energised by Chapel Street retaining a low scale and valued heritage streetscape, with fine grain character throughout the precinct.

Continue to provide an eclectic range of shops and mitigate the displacement of small business.

It is considered that the application addresses the relevant planning policy by providing food and drinks use within a suitable, currently underutilised, location which is part of an activity centre. Subject to appropriate operating hours and management of the liquor licenses, the use is considered to be appropriate.

The proposed buildings and works associated with the use of the land as a tavern, café and kiosk are considered acceptable.

The proposed café is a simple contemporary structure which will present as relatively low scale. The café will have a height of 3.76 – 4.135 metres above footpath level and will be constructed of glass with metal framing and roof. The proposed café is located opposite the Peel Street Pocket Park and it is considered that this will help to activate this space. With the exception of the proposed verandah, the cafe building is located entirely within the title boundaries of the Windsor Station site. The café building will not physically impinge on the pocket park. However, the licensed area on the footpath associated with the café is of concern. This area is adjacent to the pocket park and occupies a large portion of the footpath. As noted by Council’s Advocacy, Performance and Improvement Unit, the inclusion of patrons within the footpath trading area increases the potential for confrontation with people passing by and those looking to access the train station itself. Accordingly, it is recommended that the licensed footpath area be deleted.

The café includes a verandah which overhangs the footpath and extends no further than the street kerb. Council’s Infrastructure Unit have advised that all proposed works must be clear of Peel Street. Whilst shopfront verandahs are typical in Chapel Street and commercial shopping strips, works over Council land (i.e. the footpath) are not generally supported elsewhere. As such, a condition will be included on any permit issued requiring the verandah over the Peel Street footpath be deleted.

The proposed works to the main station building, which is to house the tavern, include new decks, new balustrades, new stairs and walkways. Other works are internal and located at platform level where they won’t be visible from outside of the site due to being concealed by existing walls and station buildings. The works at street level that will be visible from the street include glass balustrades and parts of the new stairs and associated handrails. The tavern also includes Deck 3 accessed from the Peel Street footpath. This is a simple, low scale structure which is located behind an existing brick wall/balustrade. The most visible aspect of the decking will be new glass balustrades and stairs. This is considered minor and will not significantly impact the streetscape. However, the licensing of this area and the disconnect between the tavern and Deck 3, is not considered acceptable. This layout would require staff/patrons to carry alcohol outside of the site in order to access the deck. The deck would also be more difficult to monitor and manage given it distance from the main tavern premises. As such, a condition will be included on any permit issued requiring Deck 3 be deleted.

It is noted that all works will be considered by Heritage Victoria in relation to the potential heritage impacts to the site. A permit has been issued by Heritage Victoria for the proposed buildings and works.

The proposed licensed kiosk at platform level is considered problematic. This would involve an open licensed area within close proximity to the platform, ticket machines and gates where there may be some congestion/queuing at peak times. In addition, the proposed kiosk licensed area will be located at the base of the pedestrian ramp where commuters will be frequently passing through. There will be no physical barrier to separate and control patrons from commuters. As such, the proposed liquor license associated with the kiosk is not supported as management of this space and patrons will be challenging and may result in safety concerns. Accordingly, it is recommended that a condition be included on any permit issued requiring the licensed area associated with the kiosk be deleted from the proposal. It is considered that the kiosk itself, without the liquor licence, is acceptable. This would provide snacks and drinks to commuters passing though the train station. If the kiosk were licensed, patrons would be required to congregate in the allowable drinking area adjacent to ticket machines at the base of the ramp. In contrast, an un-licensed kiosk would not require customers to linger within this area and it is anticipated that customers would briefly stop whilst passing through. Accordingly, the use of this area at platform level as a kiosk is acceptable.

It is considered that the kiosk is unlikely to result in unreasonable noise. The kiosk is located at platform level and partially enclosed by the railway station retaining wall which will baffle sound to the street above. In addition, the kiosk will be required to close earlier than the licensed premises.

The kiosk is proposed to have hours consistent with the café. That is:

-between 6.30am and 11 pm Monday to Friday.

-between 7am and 11 pm Saturday.

-between 8am and 11 pm Sunday.

Given the site is located within a Public Use Zone for transport, the kiosk is located within an area primarily used by and intended for circulation of commuters, it is considered that the hours of operation should align the more active times of the train station. This will limit any impacts on the residential land and uses in the surrounding area in terms of noise and customer activity. A condition will be included on any permit issued requiring the kiosk to only operate between the hours of:

-between 6.30am and 7 pm Monday to Friday.

-between 7am and 7 pm Saturday.

-between 8am and 7 pm Sunday.

Liquor Licenses

Both Clause 22.10 and Clause 52.27 of the Stonnington Planning Scheme are applicable to the assessment of this application. It is identified within Clause 22.10 that Council's Saturation Policy 2010 indicates that most harm comes from late night venues with either General or On Premises licenses operating after 12.00am defined as a Source of Potential Harm.

In relation to the proposed tavern a maximum of 175 patrons are proposed and licensed hours of operation are:

-between 5pm and 11 pm Sunday to Wednesday,

-between 5pm and 1 am Thursday to Saturday.

Whilst not an on-premises or general liquor licence, it is noted that the proposed café and kiosk are to operate not later than 11pm on any given day.

It is policy that licensed premises should not have an unreasonable impact on the amenity of the surrounding uses in relation to noise, hours of operation, light spill, and car parking demand and the potential spill of car parking into residential areas. Clause 22.10 outlines that the surrounding uses and zoning should be considered when determining the hours of trading for a licensed premises, to address any potential amenity impacts. Furthermore Clause 22.10 directs liquor trading after 11.00pm to Principle Activity Centres subject to compliance with other aspects of the policy. As noted above, the subject site is within a large Neighbourhood Activity Centre rather than a Principal Activity Centre. Clause 22.10 and Clause 52.27 discourage concentration of licensed premises to address the potential for an adverse cumulative effect on the area.

Council’s Advocacy Performance and Improvement Unit have confirmed that, based on definitions provided by VicHealth, it is evident that the proposal will contribute to the existing cluster of licensed premises located in close proximity to each other in Windsor.

In saying this, the licensed venues within the cluster are diverse in nature, with the majority being restaurants and cafes which can be considered as low risk venues. There is a concentration of late night venues in close proximity to the proposed venue, with crime statistics demonstrating that the majority of alcohol related offences within metropolitan night time entertainment precincts occur between 1.00am and 5.00am on Saturday and Sunday mornings. In addition, the proposed venue within Windsor station may impact on congregation in the street at closing time due to a number of other venues also closing at 11.00pm and 1.00am respectively. This could be mitigated by requiring an alternate closing time creating an incremental rather than simultaneous exodus of patrons from venues within the wider area.

The management of each premises is integral to ensuring that amenity impacts are not unreasonable. The applicant has provided a noise and amenity action plan. Key aspects within the Noise and Amenity Action Plan of how the premises will be managed include:

Music to be kept to background only.

A duty manager and crowd control staff are to monitor/mitigate verbal/audible noise produced by operations.

Signage is proposed to be provided at entry and exit points advising that patrons please arrive and leave the venue in a quiet manner and to respect the surrounding neighbours.

Staff and security staff to assist with ensuring that patrons leave in an orderly manner and are directed away from the venue to avoid congregation and noise within the vicinity of the venue.

Staff will be instructed to place garbage into bins and not drop them, to minimise impact noise.

Outdoor bottle disposal will not be undertaken between 10pm and 7am.

The tavern will have 15 max. staff.

It is anticipated that 2 security staff will be onsite during operating hours.

Pavilion Café, pavilion café footpath: 6 max. staff.

Café kiosk/temporary pop up shop: 4 max. staff.

The duty-manager will be the person in charge of managing complaints in conjunction with security staff.

The operations manual will identify a hierarchy of response (to suit the nature of complaints).

The operator will join the Stonnington Liquor Accord which aims to “encourage and implement best practice in the management of licenced premises and the immediate external environment”.

It is anticipated that borrowed light to be available to outdoor spaces from PTV/METRO and street lighting.

It is recommended that conditions be included on any permit issued requiring confirmation of lighting, CCTV and speakers on both the plans and the noise and amenity action plan.

The applicant has also provided an indicative seating plan. The plan shows that the majority of space within the tavern will have seating and tables. There will not be large expanses available for standing only. This will minimise the likelihood of vertical drinking and safety concerns associated with this.

A key issue is the toilets for the proposed tavern which are located at platform level. The male toilets will be accessible through the premises via stairs. However, the female toilets will only be accessible via the platform which will require patrons to exit the premises and walk along the pedestrian ramp to the platform to access the bathroom door. This is not considered acceptable and may result in difficulty managing patrons.

The applicant has submitted plans for discussion to show an alternative toilet design whereby the female toilets are accessed from within the premises via the platform level corridor air-lock. This is acceptable. It is noted that the applicants building surveyor has confirmed that the altered design still provides for sufficient toilets for the patron numbers proposed.

The toilets are existing and associated with the railway station. The permit applicant will be upgrading these facilities and has advised that Metro is agreeable to their shared use. This is considered acceptable given the difficulties associated with providing new toilet facilities due to the site being listed on the Victorian Heritage Register.

The applicant has advised that toilets will not be accessible to both commuters and patrons of the venue at the same time. While the tavern venue is open commuters will not be able to access the toilets. The Public Transport Victoria (PTV) website confirms that toilets are currently only available during staff hours. The website also confirms that the station is staffed Monday to Friday - 6.30am until 9.00am. As such, there will be no overlap with the proposed tavern which opens at 5pm. On this basis it is considered appropriate to include a condition on any permit issued requiring that toilets not be accessible to the train platform and vice versa when the tavern is in operation.

The proposed café will also use the toilets on the platform. The applicant has advised that the toilets will remain locked outside of the morning commuter peak and customers of the café will be given a key to access the toilets when needed. This is considered acceptable given the small number of café patrons and the close proximity of the toilets.

With regard to waste management the applicant has advised that Council collection will be utilised. Bins will be collected at times stipulated within relevant local laws. A bottle cycler service will be used to eliminate the need to dump glass into bins at any given time. This cycler will be located inside the tavern and glass will be collected by a contractor. This will reduce noise impacts. Council’s Waste Management Coordinator has outlined that a waste management plan with additional detail should be provided. A condition of any permit issued will require a formal waste management plan be prepared.

Noise

Both the café and tavern premises are to have background music only. No live or amplified music is proposed and this will be reinforced with a condition on any permit issued. The applicant has submitted an acoustic report which has reviewed the proposal against state environmental protection policies relating to noise. It is noted that the patron numbers detailed within the acoustic report are higher that the patron numbers proposed. This does not impact the results/recommendations of the acoustic report as the report assumes a worse outcome (in terms of patron numbers) than what would actually occur. The State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N1 and State Environment Protection Policy (Control of Music Noise from Public Premises) No. N2 are the key mechanisms under which noise is controlled. The acoustic report found that the proposal will comply with these policies subject to the following recommendations:

Windows facing south shall be closed from 6pm.

Trading shall be limited to the proposed hours of operation with outdoor decks and the outdoor café dining area vacated between 10pm and 7am.

Plant and equipment serving the tenancy shall be selected to ensure compliance with SEPP N-1.

Any music associated with the development will be limited to background music below conversation level and comply with SEPP N-2.

Staff are to be instructed not to drop heavy garbage items/bottle into bins – they must be placed so as to minimise impact noise. It is recommended that outdoor bottle disposal shall be limited to between 7am and 10pm.

Windows and doors of the restaurant/bar and cafe shall be closed during trading between 10pm and 7am apart from when people enter and leave the premises.

External entry doors shall incorporate acoustic seals.

Existing external ventilation grilles on the bar should be blanked off with min 6mm FC sheet or similar.

External glazing of the café shall be minimum 6mm glazing with all gaps minimised.

It is recommended that absorptive treatment to the ceiling within the internal dining areas incorporate absorptive panelling with minimum NRC of 0.6 to 60% of the ceiling space above the dining area.

Subject to the above recommendations the acoustic report found that compliance with the state environment protection policies (SEPP N-1 and SEPP N-2) will be achieved and noise will be appropriately managed. Each of these recommendations will be required to be shown on plans as conditions of any permit issued.

There are some areas of concern in relation to assumptions included within the acoustic report as follows:

The weather conditions assumed for noise predictions have not been included.

The sound insulation assumptions of the various building elements have not been presented. For example, walls are brick and exposed plasterboard and roof is currently slate. However, the design proposes some changes to roofing material. No discussion has been provided as to how proposed changes will impact predicted noise levels both in terms of noise escaping the venue and echo from the hard surfaces compounding internal noise.

The manned noise monitoring on Peel Street was conducted on a Monday night between 10:30pm-11:30pm which does not cover the period proposed for the Restaurant opening (until 1am) nor a weekend peak.

When assessing levels of background noise affecting speech inside the restaurant, only impacts to this from moderate background music have been considered – no consideration of train noise appears to have been made. i.e. if patrons are dealing with elevated noise levels due to the location adjacent to a railway line, speech inside the restaurant may be elevated above normally anticipated ranges

The report assumes a minimum glazing specification of 6mm glass, this must be included in any materials specifications accompanying submitted plans.

In order to address the above, a condition will be included on any permit issued requiring an updated acoustic report to include assessment of the above. Any further changes that may be required to ensure compliance with SEPP N-1 and SEPP N-2 must be shown in the report and on the plans. It is anticipated that any further changes will relate to internal noise treatment measures and potentially alterations to operating procedure. This can be dealt with via condition.

It is noted that objectors raised concerns with the acoustic report and the fact that noise measurements were not undertaken to the north at Maddock Street. In addition, the recommendations of the acoustic report only required southern windows to be closed after 6pm. The location of the acoustic measurements is considered acceptable as the nearest and most impacted noise sensitive receivers were assessed, any further noise sensitive receivers are likely to be less impacted. Therefore, if the acoustic measures recommended are deemed sufficient for the closer residential building, they are taken to be sufficient for the residential building further away on Maddock Street.

Nonetheless, the northern windows of the tavern will be required to be closed after 6pm in order to further mitigate possible noise impacts to the north.

The applicant has advised that works required to comply with the acoustic report are acceptable with regard to Heritage Victoria.

Subject to the above conditions, it is considered that the noise impacts associated with the proposal are acceptable.

Hours of Operation

The proposed tavern has the following operating hours:

-between 5pm and 11 pm Sunday to Wednesday,

-between 5pm and 1 am Thursday to Saturday.

Clause 22.10 (Licensed Premises Policy) specifies that the preferred location for trading after 11pm is in principal and major activity centres, subject to compliance with all other aspects of the policy. Trading after 11pm is discouraged for licensed premises adjacent to a residential zone/use unless the responsible authority is satisfied that the use will not adversely affect the amenity of the area. The site is within a Neighbourhood Activity Centre and is adjacent to residential zone to the west. However, given the location of the site within an activity centre and proximity to other commercial, and entertainment uses on Chapel street to the east, it is considered that the proposed licensed hours can be later than 11pm. The hours of the licence must strike an appropriate balance and it is considered that the use can be controlled via conditions to ensure that the proposal will not adversely affect the amenity of the area. Clause 22.10 specifies that sources of potential harm are licensed hotels, taverns and nightclubs within the Chapel Street Precinct operating after 12am. As such, it is recommended that the tavern and associated licence be required to close no later than 12am from Thursday to Saturday. This will minimise the likelihood of the tavern becoming a source of potential harm. This closing time will also reduce the potential noise and impacts of patrons on the surrounding area. This requirement will address the referral comments of Council’s Advocacy Performance and Improvement Unit who have suggested an earlier closing time (of 12.30am) in order to create a staggering of closing times for premises in the surrounding area and reduce the likelihood of large groups of patrons on the street at one time.

The proposed closing hours for 4 out of 7 days, Sunday to Wednesday are compliant with the 11pm closing time outlined in the Licensed Premises Policy.

As previously discussed, the acoustic report suggests an earlier closing time, which should be no later than 10pm for all external decks to manage patrons and noise impacts associated with the café and the tavern.

On this basis, it is recommended that conditions be included on any permit issued requiring the following hours for the tavern:

-Inside the tavern building between 5pm and 11 pm Sunday to Wednesday,

-Inside the tavern building between 5pm and 12midnight Thursday to Saturday

-On the external Deck 2 between 5pm and 10pm Monday to Sunday.

As noted above the proposed café with associated cafe restaurant liquor licence has the following operation hours:

-between 6.30am and 11 pm Monday to Friday.

-between 7am and 11 pm Saturday.

-between 8am and 11 pm Sunday.

The hours of the proposed café require some adjustment for two key reasons. The first reason is to ensure that the surrounding residential area will not be unduly affected by noise, particularly within the outdoor areas. The second reason is to stagger the closing times between the café and tavern in order to reduce the number of exiting both premises and entering the public realm at the same time. To achieve this it is recommended that during the week the main licensed area within the café building close at 10pm Sunday to Wednesday and to close at 11pm Thursday to Saturday. The external areas will be required to close at 9pm, an hour before the external deck to the tavern. The external areas will be required to open no earlier than 7am as per the acoustic report.

Conditions should be included as follows in relation to the café:

-Inside the café building between 6.30am and 10 pm Monday to Wednesday.

-Inside the café building between 6.30am and 11 pm Thursday to Friday.

-Inside the café building 7am and 11 pm Saturday.

-Inside the café building 8am and 10 pm Sunday.

Patrons

As confirmed by Council’s Advocacy Performance and Improvement Unit, the proposed patron number calculation provided by the applicant includes the ramp and lounge entry as total areas available for use. As outlined in Design Guidelines for Licensed Venues, both entries and exits should be maintained free of congestion. Accordingly, it is recommended that a condition be included on any permit issued requiring the licensed red line area be reduced to not include any entry or ramp areas. In addition, including Deck 3 as part of the licensed area for the tavern is considered problematic. This deck is detached from the tavern and patrons would be required to carry liquor onto the footbridge and footpath in order to access Deck 3. It is considered that all tavern patrons should be confined to the tavern premises and connected decks and not traverse the public realm carrying alcohol. This may also result in increased conflict between patrons and pedestrians and commuters. A condition will require the on-premises licensed area associated with Deck 3 to be deleted. The only external licensed area the tavern should be Deck 2.

Council’s Advocacy Performance and Improvement Unit has advised that overall patron numbers of 175 for the tavern (based on bar, decks and lounge spaces) are suitable based on Department of Justice calculations of 0.75m² per person. Proposed patron calculations for the Café (30 patrons) are also suitable. Notwithstanding, it is recommended that patron numbers be reduced in order to minimise amenity impacts on the area. It is considered that patrons should be reduced to 150 overall for the tavern. This is consistent with the previous permit that allowed a tavern for this site (permit no. 219/04). It is also recommended that a condition be included on any permit issued requiring patron numbers be confirmed on the plans for each area including the street level bar, the external Deck 2, and the platform level lounge. It is noted that based on the Department of Justice calculations of 0.75m² per person the 14 square metre deck (Deck 2) excluding the graded walkway can accommodate up to 18 patrons. Given this is an outdoor area which may have more impact on amenity by way of patron noise and general behaviour, a maximum of 18 patrons to Deck 2 will be included as a condition of any permit issued.

The proposed number of 30 overall patrons for the café is considered acceptable. This is a relatively small number which is not anticipated to have an unreasonable impact on the surrounding area.

Car Parking, Bicycle Parking, Traffic and Loading

The application generates a requirement for a total of 70 car spaces for the tavern and 2 car spaces for the food and drink premises. As discussed above, the tavern will be required to reduce patrons to 150. This will result in a reduced car parking requirement of 2 car spaces for the food and drinks premises (café and kiosk) and 60 car spaces for the tavern.

As confirmed by Council’s Transport and Parking Unit, there are no concerns with the proposed car parking reduction given the location of the site within an activity centre and at a train station.

It is important to consider that the subject site is located within an activity centre and it is worth considering 'Planning Practice Note 22 Using the Car Parking Provisions' in determining the car parking reduction for the proposed uses. Planning Practice Note 22 indicates that car parking issues should not dominate when assessing an application for a use or development. Further, the practice note states:

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. Some activity centres will have excellent public transport access, ample car parking or mainly serve local customers who arrive on foot. In such circumstances, an increase in business and activity would increase the overall viability of the centre, and the reduced number of car trips would provide positive impacts.

Based on the above, it is considered that the proposed car parking reduction is acceptable for this application.

The subject site is highly accessible by major forms of public transport being located in Windsor Railway Station, within approximately 50 metres from trams on Chapel Street and approximately 140 metres from trams on Dandenong Road.

There is car parking within the surrounding area including restricted parking on Peel Street in front of the site, parking along Chapel Street and a Council owned car park at No. 28 Chapel Street.

Council's Sustainable Transport Policy encourages use of more sustainable modes of transport (e.g. walking, cycling and public transport).’

The proposal provides for cycling with the inclusion of parking for 18 bicycles. Given the reduction in car parking, it is important that bicycle parking be provided on site. The application initially proposed a total of 20 public bicycle spaces (on 10 rails) within the surrounding verge are by way of monetary contribution. This is not considered acceptable as it relies on use of Council land. The applicant has now provided discussion plans which show space for 18 bicycle parking spaces as part of the café. This is considered acceptable and it is recommended that a condition of any permit issued require plans to show full dimensions of these spaces in accordance with the specifications provided.

In relation to loading associated with the proposed uses, the applicant has advised that delivery of goods to the premises will occur via the nearby Loading Zone parking space on Chapel Street. This loading zone is approximately 72 metres walking distance to the subject site. It is also noted that delivery vehicles could park in the short term parking in front of the site on Peel Street when spaces are available. Goods will then be trolleyed into the kitchen/store room where access via the City Bound Platform will be coordinated to avoid peak commuter times.

Delivery vehicles are expected to be small vans as opposed to large trucks.

Objections

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

Impacts on privacy from external decks.

Any impacts of overlooking are typically reviewed when a proposed habitable room window or open space of a dwelling may overlook another dwelling within 9 metres. IN this instance the proposal is for a commercial use rather than residential. In addition, the closest dwellings to the tavern and café are at 174 Peel Street, a minimum of approximately 17 metres from the subject site. Accordingly, it is not anticipated that the proposal will have an unreasonable privacy.

Odours emanating from the premises.

It is not anticipated that the proposal would have an unreasonable impact in terms of cooking odours. A condition will be included on any permit issued requiring that the use and development must be managed so that the amenity of the area is not detrimentally affected through odours.

Impact on school children in the surrounding area.

Subject to conditions it is considered that the proposal will not have an unreasonable impact on people present within the surrounding area including those using the train station.

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 use of the land and buildings and works are acceptable.

The proposed liquor licence will not have an unreasonable impact on the amenity of the surrounding area.

The proposed car parking and traffic impacts are acceptable.

Attachments

1.

PD - Windsor Station 167 Peel Street Windsor - Attachments 1 of 1

Plans

RECOMMENDATION

That a Notice of Decision to Grant a Planning Permit No: 685/15 for the land located at Windsor Station 167 Peel Street, Windsor be issued under the Stonnington Planning Scheme for restaurant and cafe liquor licence associated with part use of the land as a food and drink premises (cafe), on-premises liquor licence associated with part use of the land as a tavern, a reduction in the car parking requirement and buildings and works in a Public Use Zone subject to the following conditions:

1.Before the commencement of the use and development, one electronic copy of plans drawn to scale and fully dimensioned, must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of this permit. The plans must be generally in accordance with the application plans known as Drawing No’s. TP-001, EC-101, EC-201, EC-202, EC-301, EC-302, EC-401, EC-402, TP-101, TP-201, LL-231, TP-301, TP-302, TP-401, TP-402 all Council date stamped 19 April 2017 but modified to show:

a)Deletion of the licensed area around the foot bridge, the ramp entry from the foot bridge, Deck 1.

b)Deletion of the licensed area associated with the kiosk at platform level.

c)Deletion of Deck 3 (the entire structure) including the associated on-premises licensed area.

d)Deletion of the licensed area on the footpath associated with the café.

e)Location and type of lighting and location of CCTV cameras.

f)Noise and Amenity Action Plan to confirm location and type of lighting and location of CCTV cameras and location of external speakers.

g)A door within the corridor air-lock at platform level to allow access to the female toilet from within the premises in accordance with the discussion plans submitted 22 November 2017.

h)Patrons numbers within each area of the tavern including the main bar at street level, and the external Deck 2.

i)Patron numbers on Deck 2 to be no more than 18.

j)Overall tavern patron numbers to be no more than 150.

k)Bicycle parking provided adjacent to the café within the subject site in accordance with the discussion plan known as TP-201 Revision 3 and TP-301 Revision 4 dated 13 November 2017.

l)Full dimensions of bicycle parking in accordance with the discussion plans and specifications submitted 14 November 2017.

m)The verandah over the Peel Street footpath associated with the cafe deleted.

n)The location of bin storage on site.

o)A waste management plan in accordance with Condition 3.

p)Noise and Amenity Action Plan and the planning drawings to include any changes required by the acoustic report in accordance with Condition 4.

2.The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason (unless the Stonnington Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority.

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

b)Dimensions of waste areas.

c)The location of bin storage on site.

d)The number of bins to be provided.

e)Method of waste and recyclables collection.

f)Hours of waste and recyclables collection .

g)Method of presentation of bins for waste collection.

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

4.Concurrent with endorsement of plans, an acoustic report must be submitted and approved by the Responsible Authority. The report must be generally in accordance with the acoustic report prepared by Acoustic Logic dated 9 November 2017 but modified to show:

a)Details of the weather conditions assumed for noise predictions.

b)The sound insulation assumptions of the various building elements of the subject building and how this may impact predicted noise levels both in terms of noise escaping the venue and echo from the hard surfaces compounding internal noise.

c)Results and recommendations based on manned noise monitoring on Peel Street was conducted during the peak weekend operating hours of the tavern and café.

d)Consideration of how train noise as well as background music noise will affect speech noise levels inside the tavern.

e)Any further recommendations to achieve compliance with based on the assessment required under Condition 4(a), (b), (c), and (d).

f)Northern windows of the tavern required to be closed after 6pm.

q)Correct patron numbers.

All to the satisfaction of the Responsible Authority.

5.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.

6.No live or amplified music may be provided within the tavern, the food and drink premises (café and kiosk) hereby approved to the satisfaction of the Responsible Authority.

7.The provision of music on the premises must be limited to background music unless with the written consent of the Responsible Authority.

8.The platform level toilets must not be accessible to the train platform and vice versa at all times that the tavern is in operation.

9.A maximum overall number of 150 patrons may be housed in the tavern premises including a maximum number of no more than 18 patrons on the external Deck 2 at any one time to the satisfaction of the Responsible Authority.

10.A maximum overall number of 30 patrons may be housed in the cafe premises at any one time to the satisfaction of the Responsible Authority.

11.In relation to the café restaurant liquor licence the predominant activity carried out at all times on the licensed premises must be the preparation and serving of meals for consumption on the licensed premises to the satisfaction of the Responsible Authority.

12.In relation to the café restaurant liquor licence tables and chairs must be placed in position on the licensed premises so as to be available for at least 75% of the patrons attending the premises at any one time, to the satisfaction of the Responsible Authority.

13.The tavern use and associated sale and consumption of liquor hereby permitted must operate only between the hours of:

a)5pm and 11 pm Sunday to Wednesday inside the tavern building.

b)5pm and 12midnight Thursday to Saturday inside the tavern building.

c)5pm and 10pm Monday to Sunday on the external Deck 2.

14.The food and drink premises (cafe) use and associated sale and consumption of liquor hereby permitted must operate only between the hours of:

a)6.30am and 10 pm Monday to Wednesday.

b)6.30am and 11 pm Thursday to Friday.

c)7am and 11 pm Saturday.

d)8am and 10 pm Sunday.

15.The kiosk must operate only between the hours of:

a)6.30am and 7 pm Monday to Friday.

b)7am and 7 pm Saturday.

c)8am and 7 pm Sunday.

16.Patrons must not at any time congregate on the ramp and lounge entry to the tavern.

17.Patron queuing associated with the tavern may only occur on the ramp entry and foot bridge and must not spill out on to the street.

18.Prior to the commencement of use / occupation of the building, 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.

19.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.

20.Bottles and rubbish must not be removed from within the premises between the hours of 10pm and 7am the following day.

21.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. N1, to the satisfaction of the Responsible Authority. Any works required to ensure and maintain the noise levels from the tavern and food and drink (cafe) premises 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.

22.Noise emanating from the subject land must comply with State Environment Protection Policy (Control of Music Noise from Public Premises) No. N2, to the satisfaction of the Responsible Authority. Any works required to ensure and maintain the noise levels from the tavern and food and drink (cafe) premises 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.

23.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.

24.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.

25.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.

26.The level of the footpaths and/or laneways must not be lowered or altered in any way to facilitate access to the site.

27.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.

28.All plant and equipment (including air-conditioning units) shall be located or screened so as not to be visible from any of the surrounding footpaths and adjoining properties (including from above) and shall be baffled so as to minimise the emission of unreasonable noise to the environment in accordance with Section 48A of the Environment Protection Act 1970 to the satisfaction of the Responsible Authority.

29.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.

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.

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:

This permit is for the use of the land and buildings and works and does not constitute any authority to conduct a business requiring Health Act/Food Act registration without prior approval from the Councils Health Services.

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.

Unless a permit is not required under the Stonnington Planning Scheme, signs must not be constructed or displayed without a further planning permit.

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.

This permit does not give any authority to occupy the footpath for trading without prior approval from Council's Local Laws department. A permit must be obtained for footpath trading and it must accord with the relevant Footpath Trading Code.

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

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

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

Error! No document variable supplied.

Monday, 18 December 2017

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General Business

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2.Planning Application 0578/15 - 671 Chapel Street, South Yarra - use and development of the land for dwellings, offices (including maternal and child health centre), shops (as of right use) and food and drink premises (as of right use), building and works in an Activity Centre Zone, with associated reduction in the car parking requirement and alteration of access to a road in a Road Zone, Category 1

Manager Statutory Planning: Alexandra Kastaniotis

General Manager Planning & Amenity: Stuart Draffin

PURPOSE

For Council to consider a planning application for use and development of the land for dwellings, offices (including maternal and child health centre), shops (as of right use) and food and drink premises (as of right use); building and works in an Activity Centre Zone, with associated reduction in the car parking requirement and alteration of access to a road in a Road Zone, Category 1 at 671 Chapel Street, South Yarra.

Executive Summary

Applicant:

Planning & Property Partners

Ward:

North

Zone:

Activity Centre Zone (Schedule 1)

Overlay:

Environmental Audit Overlay

Date lodged:

26 June 2015

Statutory days: (as at council meeting date)

801 days

Trigger for referral to Council:

Number of objections and building height

Cultural Heritage Plan

Yes

Number of objections:

33 objections

Consultative Meeting:

Yes – held on 28 November 2017

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 Architecton and are known as Drawings No: TP01.00C, TP01.01E, TP01.02E, TP01.03E, TP01.04C, TP01.05C, TP01.06C, TP01.07C, TP01.08C, TP01.09C, TP02.01C, TP02.02C, TP03.01C, TP03.02B, TP03.03B, TP03.04B, TP04.01A, TP04.02A, TP04.03A and TP04.04A, all Council date stamped 22 September 2015.

Additional information submitted for Council’s consideration includes: planning report prepared by Urbis; engineering services and ESD report prepared by ARUP; traffic impact report and waste management report prepared by Ratio; heritage assessment report prepared by Trethowan; wind impact assessment prepared by Vipac Engineers & Scientists; building separation study prepared by Message Consultants; landscape plan prepared by Urbis; and architectural statement, urban context & site analysis, design proposal & inspiration, shadow analysis and material schedule prepared by Architecton, all Council date stamped 22 September 2015.

The application proposes to construct a 32-storey mixed-use development over six (6) levels of basement, comprising shops, offices, food and drink premises and dwellings. Key features of the application are:

Use

Provision of 3 shops (450sqm) on the ground floor fronting Chapel Street. The proposed shops will be open from 10am to 6pm, Monday to Thursday; 10am to 9pm, Friday; and 10am to 5pm, Saturday to Sunday.

Provision of two food and drink premises (300sqm) on the ground floor. The food and drink premises will be operating from 9am to 9pm, 7 days a week, with a total of 80 patrons.

Provision of two offices (447sqm) on the first floor level. The proposed operating hours of the offices are from 9am to 6pm, Monday to Friday.

Provision of a total of 352 dwellings (29 x 1 bedroom, 294 x 2 bedroom and 29 x 3 bedroom) from level 1 upwards.

Development

Demolition of the existing building (no planning permit required).

Construction of a 32-storey building with a maximum height of 98.36m (to parapet) or 102.36m (to rooftop plant) above the Chapel Street footpath level.

Basement levels 1 to 6 are setback 2.29m and 1.83m from the northern and western boundary respectively. A total of 299 car spaces and 336 bicycle parking spaces are provided within the basement levels, together with bin areas, service facilities, substations and a loading zone.

Ground floor includes shops, food and drink premises, a porte cochere, lobby area and service areas. The ground floor level is setback 3m from the Chapel Street frontage, 1.83m from the rear boundary, 0m from the southern boundary, and between 7.4m and 14.62m from the northern boundary.

Level 1 includes two offices fronting Chapel Street, 4 two-bedroom apartments and communal facilities for residents (e.g. pool, gym and sauna).

Level 2 includes a total of 12 apartments with associated terraces. This level is setback 3m from the Chapel Street frontage, 3.01m from the southern boundary, 1.83m from the western boundary, and a minimum of 2.29m from the northern boundary.

Levels 3 – 30 have the same building footprint. Due to the curved form, these levels are setback 3.01m from the southern boundary, 1.83m from the western boundary, between 2.29m and 16.1m from the northern boundary, and between 3m and 16.59m from the Chapel Street frontage.

The roof level includes a roof terrace, resident lounge, a library, a private dining and plant/services areas.

The proposed building presents a contemporary architectural style. Materials and finishes include a combination of glazing, metal cladding, concrete and metal.

Access

Pedestrian access is from Chapel Street via a pedestrian pathway that leads to a central lift/lobby.

Vehicular access is also from Chapel Street and the basement entry/exit point is located at the rear of the subject site. The proposal seeks to rely on part of the adjoining land to the north for vehicular access, which is subject to a carriage easement. This will be discussed further in the “Title” section of this report.

The application seeks to widen the existing crossover onto Chapel Street.

Discussion plans

Since the lodgement of the application in June 2015, there have been numerous discussions between Council Officers and the permit applicants. The discussions have led to some significant changes to the proposal and eventually the submission of a set of discussion plans to Council on 27 November 2017. The key changes shown on the discussion plans are:

A reduction in the building height from 32 storeys (i.e. 98.36m to parapet or 102.36m to rooftop plant) to 22 storeys (i.e. 68.36m to parapet or 72.36m to rooftop plant). Consequently, the overall number of dwellings will be reduced from 352 (29 x 1 bedroom, 294 x 2 bedroom and 29 x 3 bedroom) to 158 (86 x 2 bedroom and 72 x 3 bedroom).

The provision of a maternal and child health centre (300sqm) on level 1 with a shared entry/lobby on the ground floor level fronting Chapel Street. 6 car spaces (including 1 disabled space) in the basement will be allocated to the maternal and child health centre.

Provision of community-focused office spaces on levels 2 and 3, with a total floor area of approximately 706sqm.

Provision of commercial floor spaces on levels 1 and 2.

Deletion of basement level 6. The car parking provision will be reduced from 299 to 242.

An extension to the building along the southern boundary on levels 1, 2, 3 and 4.

Changes to the architectural expression and details of the proposed development.

Although the 27 November 2017 discussion plans were not lodged under s 57A of the Planning and Environment Act 1987 as formally amended plans, they were not lodged on a without prejudice basis. Therefore, assessment of this application will be made based on the 22 September 2015 plans (“advertised plans”) with reference to the 27 November 2017 plans (“discussion plans”).

Site and Surrounds

The subject site is located on the western side of Chapel Street, approximately 100m south of its intersection with Alexandra Avenue. The subject site has the following significant characteristics:

A frontage to Chapel Street of 38.41m, a depth of 53.9m and a total area of approximately 2070sqm.

It is currently improved by a two-storey warehouse building which was used as a retail tenancy/office.

The existing building is setback approximately 3m from the Chapel Street frontage and 7.5m from the rear boundary.

The land has an undulating topography, with a fall across the site from the north east to the south west.

The subject site does not include any existing vegetation.

As shown in Figure 1 below, the site interfaces with the adjacent properties as follows:

Figure 1: subject site and surrounds

North

To the immediate north of the subject site is 1 Forrest Hill, which is occupied by Melbourne High School (“MHS”). The northern adjoining building is a large four-storey gymnasium and library building of the MHS. This building is setback from the Chapel Street frontage by approximately 3m.

Further north, at 681 – 709 Chapel Street, is a 16-storey mixed-use development that is known as “The Avenue”. This development was approved by the Victorian Civil and Administrative Tribunal (“VCAT”) on 1 October 2009 (Permit No. 336/07).

The Avenue comprises two distinct forms to align with the “L” shape of the site allotment. The tower element fronting Chapel Street and Alexandra Avenue has a maximum height of 47.95m (to parapet) and 50.95m (to roof plant). The tower element is setback from the Chapel Street and Alexandra Avenue frontages by approximately 3.2m and 4m respectively. It rises directly upwards and does not include a podium form or upper level setbacks.

The western (rear) component of The Avenue has an immediate abuttal to the MHS and is limited to six storeys in height (approximately 20m). This creates a separation of approximately 70m between the MHS ridge line and the tower component.

South

To the immediate south of the subject site is 661 Chapel Street, which has now been subdivided into 3 separate lots, namely 661, 663 – 667 and 669 Chapel Street. Through Amendment C190 which was gazetted on 13 February 2014 and the incorporated document titled as ‘Integrated development at 661 Chapel Street, South Yarra – January 2014’, the then Minister for Planning allowed a development of an education centre (Building 1C) at 669 Chapel Street, a multi-storey apartment building (Building 1A) at 661 Chapel Street and a multi-storey mixed-used building (Building 1B) at 663 – 667 Chapel Street.

The subject site has a direct abuttal with Building 1C at 669 Chapel Street, which belongs to the MHS. Building 1C is five-storey in height (i.e. approximately 17.5m to the parapet and 18.05m to the roof plant), with a 3m setback from the Chapel Street frontage on the ground floor. It includes retail tenancies at ground floor level, with classrooms, communal areas and hostel accommodation associated with the MHS located above. A 3.3m wide light court is placed along the shared boundary with the subject site for the top three levels. Construction of this development has not commenced yet.

Building 1B at 663 – 667 Chapel Street fronts onto Chapel Street and is improved by a mixed-use development (including shops, offices and dwellings) up to 22-storey in height (i.e. approximately 66.4m to the parapet and 69.2m to the roof plant). This de