Minutes of Planning Committee - 23 00 2019 October 2019 Planning... · A vote was taken and the MOTION was CARRIED unanimously. MINUTES - PLANNING COMMITTEE MEETING - 23 OCTOBER 2019

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PLANNING COMMITTEE

MINUTES

23 OCTOBER 2019

MINUTES - PLANNING COMMITTEE MEETING - 23 OCTOBER 2019

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MINUTES OF THE PLANNING COMMITTEE OF THE PORT PHILLIP CITY COUNCIL HELD 23 OCTOBER 2019 IN ST KILDA TOWN HALL

The meeting opened at 6:30pm. PRESENT Cr Voss (Chairperson), Cr Baxter, Cr Bond, Cr Brand, Cr Copsey, Cr Crawford, Cr Gross, Cr Pearl, Cr Simic, IN ATTENDANCE Damian Dewar Acting General Manager City Strategy & Sustainable Development, George Borg Manager City Development, Richard Schuster Planning Coordinator Lake Ward, Phillip Beard Senior Planner, Matt Spencer Principal Planner, Simon Gutteridge Planning Team Leader Fishermans Bend, Nick McLennan Planning Coordinator Canal Ward. The City of Port Phillip respectfully acknowledges the Yalukut Weelam Clan of the Boon Wurrung. We pay our respect to their Elders, both past and present. We acknowledge and uphold their continuing relationship to this land.

1. APOLOGIES

Nil

2. CONFIRMATION OF MINUTES

MOVED Crs Baxter/Simic That the minutes of the Planning Committee of the Port Phillip City Council held on 25 September 2019 be confirmed. A vote was taken and the MOTION was CARRIED unanimously.

3. DECLARATIONS OF CONFLICTS OF INTEREST

Cr Baxter declared an indirect interest by way of conflicting duty in item 4.1 Petition - Stop Destruction of Elwood's Heritage Buildings, and item 7.1 - 1-5 Tiuna Grove, Elwood as he has had previous dealings with an objector to the planning application for 1-5 Tiuna Grove.


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4. PETITIONS AND JOINT LETTERS Item 4.1 – Petition - Stop Destruction of Elwood's Heritage Buildings Cr Baxter, having declared an indirect interest in this item by way of conflicting duty, left the Chamber at 6:34pm.

A Petition containing 458 signatures was received from Elvis De Jong.

The following speakers made a verbal submission in relation to this item: Elvis De Jong: As the lead petitioner, Mr De Jong outlined the concerns of the petitioners and thanked Councillors for previously protecting the property at 3 Tiuna Grove.

MOVED Crs Simic/Bond

That Council: 1. Receives the Petition and notes the community’s concerns. 2. Advises the petitioner that this matter is scheduled to be considered by VCAT at a

seven day hearing commencing on 2 December 2019, and further advises the process for members of the public to be heard at the VCAT hearing.

A vote was taken and the MOTION was CARRIED unanimously.

Cr Baxter returned to the chamber at 6:42pm.

5. PUBLIC QUESTION TIME

Nil.

6. COUNCILLOR QUESTION TIME

Nil.

7. PRESENTATION OF REPORTS Discussion took place in the following order:

2 101 Victoria Avenue, Albert Park

3 107a Canterbury Road Middle Park

4 312 Beaconsfield Parade, Middle Park

1 1-5 Tiuna Grove, Elwood

5 101 Salmon Street, Port Melbourne (3/2014/Mpa/A)

6 36 Kitchen Road, Port Melbourne

7 Statutory Planning Delegated Decisions Report - September 2019


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7.2 101 Victoria Avenue, Albert Park

Purpose 1.1 To determine an application to amend a planning permit for an upper level extension

within the front setbacks on first and second levels, reduction in the overall provision of car and motorcycle parking but increase the supply bicycle parking and to carry out some minor changes to the existing front facade in relation to the currently approved building.

The following speakers made a verbal submission in relation to this item:

Catherine Thompson:

Spoke in objection to the application, thanked the Council officers for the representation of objector concerns in the report and raised issues with regard to the proposed development’s impact on residential amenity.

Michael Meyer:

Spoke on behalf of the applicant, highlighting the amendments made to the original permit. Mr Myer requested that the Committee endorse the application.

Cr Simic left the Chamber at 6:49pm and returned at 6.53pm

MOVED Crs Brand/Bond

3.1 That the Responsible Authority, having caused the application to be advertised and having received and noted the objections, issue a Notice of Decision to Amend a Permit.

3.2 That a Notice of Decision to Amend a Permit be issued for partial demolition and construction of a three level building comprising one dwelling and office floor space and reduction in car parking provision at 101 Victoria Avenue, Albert Park.

3.3 Replacement condition: Amended Plans 1. Before the development starts, amended plans to the satisfaction of the Responsible

Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be generally in accordance with the plans forming part of the application but modified to show the following:

a) The solid masonry inner surfaces of all three light wells adjacent to the

neighbouring light wells, treated in a highly reflective and/or light-coloured finish.

b) A 1.7m high translucent glass screening to the windows facing into the permitted light wells together with screening so as to prevent any overlooking down into the adjacent light well from the north-east board -room window.


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c) The rear façade shown as being clad in dark coloured bricks (material C) and the balcony/terrace balustrades facing the streets shown as glass behind a mesh privacy screen and the side balustrades as being perforated metal.

d) The existing ground level front windows and leadlight noted as being repaired, as required.

e) The existing ground level front tiles – being only those that are non-original to

the left of the door of the front façade - to façade noted to be replaced to match existing.

f) The provision of at least four on site bicycle spaces

2. Approve amended plans which include:

• Deleting the basement level. • Reducing/decreasing the front setbacks of the two new levels. • Reducing car parking provision from five to three. • Reducing motorbike spaces from two to zero. • Increasing bicycle parking provision from two to four and • Including an electric charging station for the car parking areas and all four of

the bicycles.



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7.3 107A Canterbury Road Middle Park

Purpose

1.1 To determine an application to amend a planning permit for the Middle Park tram stop café building to alter (reduce) the proposed front awning.

The following speaker made a verbal submission in relation to this item:

Malcolm Peace:

Spoke in support of the application as a representative of the applicant, Yarra Trams. Mr Peace spoke about the recent history of the tram stop and future implications if the application is to be approved.

MOVED Crs Bond/Crawford 3.1 That the Responsible Authority, having caused the application to be advertised and

having received and noted the objections, issue a Notice of Decision to Amend a Permit.

3.2 That a Notice of Decision to Amend Permit be issued for construction a single storey building at Light Rail/Tram Stop 130 (replacing the previous Middle Park station building) with reduced awning projection and use of the building for the purposes of a cafe/restaurant and reduction in car parking requirements

3.3 That all existing conditions from permit 984/2018 be transposed onto permit 984/2018/A

3.4 Amend the existing plans to reduce the distance that the approved awning projects towards the tracks to 2m.



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7.4 312 Beaconsfield Parade, Middle Park

Purpose 1.1 To determine an application to amend a Planning Permit relating to the layout and

design of a 17 dwelling, five storey building.


Stan Bracchi:

Spoke in objection to the application, highlighting the non-compliance of the proposed development with Council building codes, the planning scheme and the planning permit previously issued by Council.

Olga Field:

Spoke in objection to the application highlighting concerns that the surrounding residents would like addressed to revoke their objections. These concerns relate to excessive noise and light spillage, more than 16 people being allowed on the proposed development and hours of usage not being restricted.

John Dowling:

Spoke in objection to the application, describing the proposed development as an outdoor party area that is a breach of the original permit. Mr Dowling contested the officer’s report where it states the permit approval will not impact surrounding residents and advised that the developer and objectors tried to come to an agreement about terms of use although it was unsuccessful.

Kel Twite:

Spoke on behalf of the applicant, highlighting that the permit seeks to address issues such as reconfiguration of plant and installation of sound proofing screens. Mr Twite noted that the use of the outdoor residential space will be restricted to relevant legislation if the permit is approved.

MOVED Crs Bond/Crawford

3.1 That the Responsible Authority, having caused the application to be advertised and having received and noted the objections, issue a Notice of Decision to Amend a Permit for the construction of a five storey building above two levels of basement car parking for 37 cars and dispensation from car parking requirements at 312 Beaconsfield Parade, Middle Park with the following amendments:

3.2 New (re-imposed) condition

1. Amended plans required

Before the development starts, two complete sets of amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be generally in accordance with the plans submitted with the application but modified to show:


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e) Provision of 1.7m high screening and/or fixed obscure glass a minimum of 1.7m above the finished floor level to each north facing master bedroom window at levels one to three inclusive in accordance with Standard B22 of Clause 55 of the Port Phillip Planning Scheme

3.3 Amended Plans

• Basement 1 Plan (Rev M) – reconfiguration of storage

• Ground Floor (Rev N) – 1m reduction in the ground floor setback from Beaconsfield Parade (from 5.97m to 4.97m)

• Level 04 (Rev M) –reconfiguration of Unit 17 at level 4 including reconfiguration of windows facing Ashworth Street (refer North Elevation – Rev O) and the west (side) boundary (refer West Elevation Rev O)

• Roof Plan (Rev L) - introduction of a roof deck associated with apartment 17 and deletion of solar panels. Solar panels would be introduced on the roof of the lift overrun

• Roof Plan (Rev L) – reconfiguration and enlargement of rooftop services including 1.7m reduction in the west (side) boundary setback (from 4.3m to 2.6m). These changes are also shown at each elevation



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7.1 1-5 Tiuna Grove, Elwood

Cr Baxter, having declared an indirect interest in this item by way of conflicting duty, left the Chamber at 7:27pm.

Cr Copsey left the Council Chamber at 7:27pm and returned at 7:31pm.

Purpose

1.1 The purpose of this report is to assist Council in determining its position with respect to amended plans that have been received with respect to an upcoming Victorian Civil and Administrative Tribunal (VCAT) hearing to be held over seven days on 2, 3, 4, 5, 6, 9 and 10 December 2019.


Henry Richardson:

Spoke in objection to the application while referencing a presentation he had provided with super imposed images and drawings of what the proposed development will look like and the implications on the surrounds.

Ruth Jones:

Spoke in objection to the application, noting the proposed development is at odds with the current neighborhood character, planning scheme and the number of objections in the officers report is understated. Ms Jones advised she was representing HousingFirst and raised concerns with regard to decreased access for emergency services, unreasonable visual bulk, increased noise and reduced quality of life for neighbours.

Cr Simic left the Chamber at 7:35pm and returned at 7:37pm.

Lisa Richardson:

Spoke in objection to the application and to a slideshow provided highlighting the mature trees that will be removed from the site.

Helen Koustas:

Spoke in objection to the application, explaining how the proposal is an abject failure to meet Council’s planning scheme regarding neighborhood character and heritage overlay. Ms Koustas referenced the proposed development as visual bulk.

Mark Richardson:

Spoke in objection to the application. Mr Richardson spoke to a presentation of images provided and described the neighborhood character of the street, Tiuna Grove. Mr Richardson explained the impacts that the proposed development will have on the surrounding residents and property.

Christine McLoughlin:

Spoke in objection to the application, highlighting the reduced quality of life of the future residents who will inhabit the proposed development.


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Mathew Richardson:

Spoke in objection to the application with reference to a presentation provided. Mr Richardson highlighted Council will be setting a precedent for developments like the proposed development being more likely to be approved in other sites of Heritage Overlay in the Municipality.

Robert Chuter:

Spoke in objection to the application siting the area and property has cultural and historical significance. Famous Red Room located on Tiuna Grove has cultural significance with the volume of artists that have performed at the venue. Mr Chuter stated that the community rejects the application and asks that Council do the same.

Lyn Harrison:

Spoke in objection to the application, with reference to a presentation provided, highlighting the volume of objections and how the proposed development does not comply with Council’s Heritage Overlay.

Liz Johnstone:

Spoke in objection to the application, stating it is the wrong location for the proposed development. Ms Johnstone describe the balance between single storey houses and multiple story houses in Elwood with 48% single storey in Tiuna Grove, which is vital to maintaining the balance and Elwood character within the street. The proposed development would be contrary to this.

Cr Pearl left the Council Chamber at 8:10pm and returned at 8:10pm.

Bella D’Abrera:

Spoke in objection to the application, referencing the proposed development as a monstrosity, gross social injustice and unnecessary due to there not being a lack of housing in Elwood.

Simon Martin:

Spoke in support on behalf of the applicant, referencing the changes that have been made to the proposed development in the amended plans.

MOVED Crs Bond/Gross It is recommended that in relation to Planning Permit Application No. 772/2018 the Responsible Authority advise VCAT and other parties to the appeal that Council does not support the amended plans received by Council on 30 August 2019 for the demolition of the existing building at 1 Tiuna Grove and the part demolition of the remaining dwellings, including alterations and additions and the construction of a three storey building at 1-5 Tiuna Grove, Elwood, based on the following grounds: 1. The proposed development would not achieve the outcomes sought by Council’s

Heritage Policy at Clause 22.04 of the Port Phillip Planning Scheme 2. The proposed development represents an overdevelopment of the site and does not

achieve the objectives and strategies of Council’s Land Use policy at Clause 21.04


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A vote was taken and the MOTION was TIED. The MOTION was LOST on the casting vote of the Chair.

Cr Bond called for a DIVISION. FOR: Crs Bond, Crawford, Gross and Pearl

AGAINST: Crs Voss, Brand, Copsey and Simic, Cr Voss (casting vote)

The MOTION was LOST

MOVED Crs Voss/Brand

3.1 That the Committee adopts Recommendation “Part A” and “Part B” to advise VCAT That it supports the application with conditions. In the event that VCAT determines to grant a permit for the application, any

permit issued should incorporate the conditions to this permit. Authorise the Manager City Development to instruct Council’s Statutory

Planners and/ or Council Solicitors on the VCAT Application for review.

RECOMMENDATION “PART A”:

3.2 That the Responsible Authority advise VCAT and other parties to the appeal that, on the basis of the amended plans received by Council on 30 August 2019, Council changes its position on the application and now supports the issuing of a planning permit, with conditions, for the demolition of the existing building at 1 Tiuna Grove and the part demolition of the remaining dwellings, including alterations and additions and the construction of a three storey building at 1-5 Tiuna Grove, Elwood in accordance with the plans referenced Rev TP-17.

3.3 That the decision be issued as follows:

1. Amended Plans required Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and electronic copy provided. The plans must be generally in accordance with the amended plans (Rev TP-17) circulated on 30 August 2019 but modified to show: a) Correction of the site coverage calculation. b) Demolition plans and elevation drawings, showing the full extent of all

buildings and fences to be demolished. c) Floor plans and elevations of the existing dwellings at 3 and 5 Tiuna Grove. d) 1:20 scale floor plans and elevations of the proposed front facades and fences

to 3 and 5 Tiuna Grove.


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e) Changes to the verandah of the dwelling at 5 Tiuna Grove by lowering the height of each of the masonry piers, deleting each of the roughcast masonry elements and extending each of the dual timber posts to the top of the lowered piers.

f) Removal of the crossover and associated driveway to 3 Tiuna Grove with this crossover replaced with naturestrip and bluestone kerb and channel.

g) White bricks to each elevation replaced with bricks of a warmer tone h) Deletion of the render to the façade of the building at 1 Tiuna Grove and it to

be replaced with the bricks as required by condition 1g). i) Reduction in the height of the front fences to 1 Tiuna Grove to no more than

1.5m. j) The front fences at 1 Tiuna Grove shown as being no less than 50 percent

permeable. k) A pedestrian gate to the frontage of 1 Tiuna Grove that matches the height and

design of fences required by conditions 1i) and 1j). l) The location of mail boxes. m) A notation on the plans showing that the internal dimension of each triple

garage as having minimum dimensions of 6m in length and 8.4m in width. n) The visitor car parking space widened to at least 3.2m with the remaining car

parking spaces designed and dimensioned in a manner that complies with the car parking design standards of the Port Phillip Planning Scheme.

o) A notation on the plans showing that the basement and ramp having a headroom clearance of no less than 2.1m.

p) Ramp grades and lengths to be shown on the plans and designed in accordance with the Port Phillip Planning Scheme.

q) The provision of 1.7m high privacy screening to all habitable room windows at the second floor of the north elevation.

r) The full height screens to the north facing bedroom windows of Apartment 7 reduced to a height of 1.7m above the floor level of this apartment.

s) All privacy screens, including those required by conditions 1q) and 1r), designed in a manner that maximises outlook, ventilation and daylight from proposed dwellings and balconies whilst ensuring that overlooking of neighbouring habitable room windows and secluded private open space is prevented. Cross section elevation drawings of the screens must be provided. The drawings must: Be drawn to scale and fully dimensioned; Clearly delineate any solid parts of the screen and any louvre or batten

parts of the screen; Clearly illustrate how any louvre or batten arrangement will prevent

sightlines into neighbouring properties’ secluded private open space and habitable room windows;


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Show the exact width and thickness of each louvre or batten, the exact spacing between each louvre or batten and a section detail from behind the screen demonstrating that views of neighbouring secluded private open space and habitable room windows are prevented.

t) Rooftop plant shown at elevation and section showing rooftop plant being visually screened and a notation stating that the rooftop plant is acoustically attenuated.

u) Plan and elevations of any proposed gas meters, water meters and/or electricity meters.

v) A solid wall to the north side of the basement entrance, extending from the west wall of the master suite of Apartment 2 to the line of the first floor front façade.

w) Details of all proposed fencing on the rear boundary and each side boundary. x) A 1.8m high fence between the boundary of 1 Tiuna Grove and 3 Tiuna Grove

with the fence extending from the northwest corner of the scullery to 3 Tiuna Grove to within 5m of the front property boundary before it tapers down to 1.5m in height at the front boundary.

y) A 1.8m high fence between the boundary of 3 Tiuna Grove and 5 Tiuna Grove with the fence extending from the wall separating the courtyards to each dwelling to within 5m of the front property boundary before it tapers down to 1.5m in height at the front boundary.

z) The north side setback of the first floor of the three storey building notated on the west elevation as 2m.

2. No Alterations The development and colours, materials and finishes as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority, unless the Port Phillip Planning Scheme exempt the need for a permit.

3. Demolition Method Statement Before the works permitted by this permit start, including any demolition works, a fully detailed ‘demolition method statement’ must be submitted to and approved by the Responsible Authority. When approved, the statement will be endorsed and will then form part of the permit. The ‘demolition method statement’ must: a) Fully describe and clearly demonstrate the methods of dismantling of the

heritage fabric, restoration and repair and the subsequent reconstruction of the building.

b) Include reference to the staging of demolition and reconstruction works on the site.

c) Detail the necessary protection works required during the demolition works to protect those parts of the building to be retained.

Once approved by the Responsible Authority, all buildings and works must be in accordance with the demolition method statement.


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4. Satisfactory continuation Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

5. Walls on or facing the boundary Prior to the occupation of the building(s) allowed by this permit, all new or extended walls on or facing the boundary of adjoining properties and/or the laneway must be cleaned and finished to a uniform standard. Unpainted or unrendered masonry walls must have all excess mortar removed from the joints and face and all joints must be tooled or pointed to the satisfaction of the responsible authority. Painted or rendered or bagged walls must be finished to a uniform standard to the satisfaction of the responsible authority.

6. Sustainable Design Assessment Before the development starts (other than demolition or works to remediate contaminated land) a Sustainable Design Assessment (SDA) that outlines proposed sustainable design initiatives must be submitted to, be to the satisfaction of and approved by the Responsible Authority. When approved, the Assessment will be endorsed and will then form part of the permit and the project must incorporate the sustainable design initiatives listed.

7. Incorporation of Sustainable Design initiatives The project must incorporate the sustainable design initiatives listed in the endorsed Sustainable Design Assessment (SDA) to the satisfaction of the Responsible Authority.

8. Implementation of Sustainable Design Initiatives Before the occupation of the development approved under this permit, a report from the author of the Sustainable Design Assessment (SDA) approved pursuant to this permit, or similarly qualified person or company, must be submitted to the satisfaction of the Responsible Authority. The report must confirm that all measures and recommendations specified in the SDA have been implemented and/or incorporated in accordance with the approved report to the satisfaction of the Responsible Authority.

9. Water Sensitive Urban Design Before the development starts (other than demolition or works to remediate contaminated land) a Water Sensitive Urban Design Report that outlines proposed water sensitive urban design initiatives must be submitted to, be to the satisfaction of and approved by the Responsible Authority. The report must demonstrate how the development meets the water quality performance objectives as set out in the Urban Stormwater Best Practice Environmental Management Guidelines (CSIRO) or as amended. When approved, the Report will be endorsed and will then form part of the permit and the project must incorporate the sustainable design initiatives listed.

10. Incorporation of Water Sensitive Urban Design initiatives


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Before the occupation of the development approved under this permit, the project must incorporate the water sensitive urban design initiatives listed in the endorsed Water Sensitive Urban Design Report to the satisfaction of the Responsible Authority, and thereafter maintained to the satisfaction of the Responsible Authority.

11. Maintenance Manual for Water Sensitive Urban Design Initiatives (Stormwater Management)

Before the development starts (other than demolition or works to remediate contaminated land) a Maintenance Manual for Water Sensitive Urban Design Initiatives must be submitted to and approved by the Responsible Authority. The manual must set out future operational and maintenance arrangements for all WSUD (stormwater management) measures. The program must include, but is not limited to: • inspection frequency • cleanout procedures • as installed design details/diagrams including a sketch of how the system

operates The WSUD Maintenance Manual may form part of a broader Maintenance Program that covers other aspects of maintenance such as a Builder’ User’s Guide or a Building Maintenance Guide.

12. Vehicle Crossings Before the occupation of the development allowed by this permit, vehicle crossings must be constructed in accordance with Council’s current Vehicle Crossing Guidelines and standard drawings to the satisfaction of the Responsible Authority. All redundant crossings must be removed and the footpath, naturestrip, kerb and road reinstated as necessary at the cost of the applicant/owner and to the satisfaction of the Responsible Authority.

13. Applicant to Pay for Reinstatement Before the occupation of the development allowed by this permit, the applicant/owner must do the following things to the satisfaction of the Responsible Authority: a) Pay the costs of all alterations/reinstatement of Council and Public Authority

assets necessary and required by such Authorities for the development. b) Obtain the prior written approval of the Council or other relevant Authority for

such alterations/reinstatement. c) Comply with conditions (if any) required by the Council or other relevant

Authorities in respect of alterations/reinstatement.

14. Public Services Before the occupation of the development allowed by this permit, any modification to existing infrastructure and services within the road reservation (including, but not restricted to, electricity supply, telecommunications services, gas supply, water supply, sewerage services and stormwater drainage) necessary to provide the


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required access to the site, must be undertaken by the applicant/owner to the satisfaction of the relevant authority and the Responsible Authority. All costs associated with any such modifications must be borne by the applicant/owner.

15. Waste Management Plan Before the development starts (other than demolition or works to remediate contaminated land), a Waste Management Plan based on the City of Port Phillip’s Waste Management Plan Guidelines for Developments must be prepared by a Waste Management Engineer or Waste Management Planner to the satisfaction of the Responsible Authority and endorsed as part of this permit.

16. Landscape Plan Before the development starts (other than demolition or works to remediate contaminated land), a detailed Landscape Plan must be submitted to, approved by and be to the satisfaction of the Responsible Authority. When the Landscape Plan is approved, it will become an endorsed plan forming part of this Permit. The Landscape Plan must be generally in accordance with the landscape plan prepared by John Patrick Landscape Architects P/L submitted for discussion purposes (dated Sep, Dwg No’s L-VCAT01 and L-VCAT02) but modified to incorporate: (a) A survey plan, including botanical names, of all existing vegetation/trees to be

retained; (b) All street trees and/or other trees on Council land; (c) A planting schedule of all proposed vegetation including botanical names;

common names; pot sizes; sizes at maturity; quantities of each plant; and details of surface finishes of pathways and driveways;

(d) Landscaping and planting within all open space areas of the site; (e) Water sensitive urban design elements;

17. Completion of Landscaping The landscaping as shown on the endorsed Landscape Plan must be carried out and completed to the satisfaction of the Responsible Authority before the occupation of the development and/or the commencement of the use or at such later date as is approved by the Responsible Authority in writing.

18. Landscaping Maintenance The landscaping as shown the endorsed Landscape Plan must be maintained, and any dead, diseased or damaged plant replaced in accordance with the landscaping plan to the satisfaction of the Responsible Authority.

19. Street Tree Protection measures Before the development starts, a Tree Management Plan, prepared by a suitably qualified arborist must be submitted to, and approved in writing by, the Responsible Authority to ensure the protection of the street trees adjacent to the site. The approved Tree Management Plan must be implemented to the satisfaction of the Responsible Authority before and during the construction of the development.


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20. Piping and ducting All piping and ducting (excluding down pipes, guttering and rainwater heads) must be concealed to the satisfaction of the Responsible Authority.

21. No equipment or services Any plant, equipment or domestic services visible from a street (other than a lane) or public park must be located and visually screened to the satisfaction of the responsible authority.

22. Privacy screens must be installed Privacy screens as required in accordance with the endorsed plans must be installed prior to occupation of the building to the satisfaction of the Responsible Authority and maintained thereafter to the satisfaction of the Responsible Authority.

23. Time for starting and completion 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 two years of the date of

commencement of works. The Responsible Authority may extend the periods referred to if a request is made in writing: before or within 6 months after the permit expiry date, where the use or

development allowed by the permit has not yet started; and within 12 months after the permit expiry date, where the development allowed

by the permit has lawfully started before the permit expires.

A vote was taken and the MOTION was TIED. The MOTION was CARRIED on the casting vote of the Chair.

Cr Bond called for a DIVISION. FOR: Crs Voss, Brand, Copsey and Simic, Cr Voss (casting vote)

AGAINST: Crs Bond, Crawford, Gross and Pearl The MOTION was CARRIED.

Councillor Baxter returned to the chamber at 9:13pm.


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7.5 101 Salmon Street, Port Melbourne (3/2014/MPA/A)

Purpose 1.1 To provide a Council position on Ministerial Application 2014/002000-1 at 101

Salmon Street, Port Melbourne, to amend the existing permit under Section 72 of the Planning and Environment Act 1987 including the alteration of plans, permit conditions and permit preamble.

MOVED Crs Voss/Brand 3.1 That this item be deferred.

A vote was taken and the MOTION was CARRIED unanimously. 7.6 36 Kitchen Road, Port Melbourne

Purpose 1.1 To consider and determine Planning Permit Application P698/2018 for buildings and

works and associated partial demolition to the existing dwelling, addition of a pool and works to existing fences at 36 Kitchen Road, Port Melbourne.

MOVED Crs Copsey/Baxter 3.1 RECOMMENDATION – PART A

3.1.1 That the Responsible Authority, having caused the application to be advertised and having received no objections, issue a Planning Permit for buildings and works and associated partial demolition to the existing dwelling, addition of a pool and works to existing fences at 36 Kitchen Road, Port Melbourne.

3.1.2 That a Planning Permit be issued for buildings and works and associated partial demolition to the existing dwelling, addition of a pool and works to existing fences at 36 Kitchen Road, Port Melbourne.

3.1.3 That the decision be issued as follows: 1. Amended Plans required

Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and an electronic copy must be provided. The plans must be generally in accordance with the plans submitted with the application, but modified to show: a) Deletion of the proposed window in the eastern side wall of the rooftop sunroom b) Correction of the orientation details on Drawings TP-04.01 from north to west and

TP-04.02 from south to east; c) North (Velvet Road) and South (Kitchen Road) elevation drawings;


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d) Details of all external materials and finishes and colours to match the existing and nearby dwellings.

e) Any changes to meet the mandatory requirements for a third pipe and rainwater tank in the corresponding condition below.

2. No Alterations The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason without the prior written consent of the Responsible Authority, unless the Port Phillip Planning Scheme exempts the need for a permit.

3. Third pipe and rain tank • A third pipe must be installed for recycled water to supply non-potable uses within

the development for toilet flushing, fire services, irrigation, laundry and cooling, unless otherwise agreed by the relevant water authority.

• An agreed building connection point must be provided from the third pipe, designed in conjunction with the relevant water supply authority, to ensure readiness to connect to a future precinct-scale recycled water supply.

• A rainwater tank must be provided that: - Has a minimum effective volume of 0.5 cubic metres for every 10 square

metres of catchment area to capture rainwater from 100% of suitable roof rainwater harvesting areas;

- Is fitted with a first flush device, meter, tank discharge control and water treatment with associated power and telecommunications equipment approved by the relevant water authority.

4. Time for staring and completion This permit will expire if one of the following circumstances applies: a) The development is not started within two (2) years of the date of this permit. b) The development is not completed within two (2) years of the date of

commencement of works. The Responsible Authority may extend the periods referred to if a request is made in writing: • before or within 6 months after the permit expiry date, where the use or

development allowed by the permit has not yet started; and • within 12 months after the permit expiry date, where the development

allowed by the permit has lawfully started before the permit expires.

Notations: Building Approval Required This permit does not authorise the commencement of any demolition or construction on the land. Before any demolition or construction may commence, the applicant must apply for and obtain appropriate building approval from a Building Surveyor.

Building Works to Accord with Planning Permit The applicant/owner will provide a copy of this planning permit to any appointed Building Surveyor. It is the responsibility of the applicant/owner and Building Surveyor to ensure that all building development works approved by any building permit is consistent with this planning permit.


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Other Approvals May be Required This Planning Permit represents the Planning approval for the use and/or development of the land. This Planning Permit does not represent the approval of other departments of the City of Port Phillip or other statutory authorities. Such approvals may be required and may be assessed on different criteria from that adopted for the approval of this Planning Permit.

Due Care The developer must show due care in the development of the proposed extensions so as to ensure that no damage is incurred to any adjoining building and property.

Construction Management All construction activities associated with the development must comply with the requirements of Council’s Local Law No. 1 (Community Amenity) 2013.

Days and Hours of Construction Works Developers Except in the case of an emergency a builder must not carry out building works outside of construction hours:-

- Monday to Friday: 7.00am to 6.00pm; or - Saturdays: 9.00am to 3.00pm.

An Out of Hours permit cannot be obtained for an appointed public holiday under the Public Holidays Act, 1993.

Owner Builders An owner builder must not carry out building works outside of construction hours:-

- Monday to Friday: 7.00am to 8.00pm; or - Saturdays, Sundays and public holidays: 9.00am to 6.00pm.

An Out of Hours permit may be considered pursuant to Local Law No. 1 (Community Amenity) 2013, Clause 31. For further information, contact Council’s City Permits unit on Ph: (03) 9209 6216.

Drainage Point and Method of Discharge The legal point of stormwater discharge for the proposal must be to the satisfaction of the responsible authority. Engineering construction plans for the satisfactory drainage and discharge of stormwater from the site must be submitted to and approved by the Responsible Authority prior to the commencement of any buildings or works.

3.2 RECOMMENDATION - PART B That the Council authorise the Manager - City Development to instruct Council’s Statutory Planners and/or Solicitors on any future Victorian Civil and Administrative Tribunal (VCAT) application for review.



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7.7 Statutory Planning Delegated Decisions Report - September 2019

Purpose

To present a summary of all Planning Permits issued in accordance with the Schedule of Delegation made under Section 98 of the Local Government Action 1989 and Section 188 of the Planning & Environment Act 1987 adopted by Council on 24 July 1996 and as amended, for the Port Phillip Planning Scheme.

MOVED Crs Baxter/Simic

That the Committee:

2.1 Receives and notes the September 2019 report (Attachment 1) regarding the summary of all Planning Decisions issued in accordance with the Schedule of Delegation made under Section 98 of the Local Government Action 1989 and Section 188 of the Planning & Environment Act 1987 adopted by Council on 24 July 1996 and as amended, for the Port Phillip Planning Scheme.


7. URGENT BUSINESS

Nil.

8. CONFIDENTIAL BUSINESS

Nil.

As there was no further business the meeting closed at 9.15pm.

Confirmed: 27 November 2019

Chairperson ________________________________________

Documents

Minutes of Planning Committee - 23 00 2019 October 2019 Planning... · A vote was taken and the MOTION was CARRIED unanimously. MINUTES - PLANNING COMMITTEE MEETING - 23 OCTOBER 2019