city of melbourne...city of melbourne melbourne city council planning committee minutes meeting...

CITY OF MELBOURNE

Melbourne City Council Planning Committee

MINUTES

Meeting Number 13 Tuesday 2 February 2010

5pm

PRESENT Councillor Peter Clarke (Chair) Councillor Jennifer Kanis (Deputy Chair) Councillor Carl Jetter Councillor Kevin Louey Councillor Cathy Oke Councillor Ken Ong Councillor Brian Shanahan Deputy Lord Mayor, Susan Riley Lord Mayor, Robert Doyle (arrived 5.15pm)

Confumed at the meeting of Council on 23 February 2010.

1. COMMENCEMENT OF MEETING

The meeting commenced at 5.04pm.

The Chair, Cr Clarke, advised that: • the meeting was being recorded for the purposes of ensuring the accuracy of the minutes of the meeting; • the agenda comprised twelve Reports from Management; and • no apologies had been received.

2. DISCLOSURE OF CONFLICTS OF INTEREST

The Chair, Cr Clarke, advised that conflicts of interest would be dealt with as they arose.

3. CONFIRMATION OF MINUTES OF PREVIOUS MEETING

Moved: Cr Oke

That the minutes of meeting No 12, held on Tuesday, 1 December 2009, be confirmed.

Seconded: Cr Kanis Carried unanimously.

4. MATTERS ARISING FROM THE MINUTES OF THE PREVIOUS MEETING

There were no matters arising from the minutes of the previous meeting.

5. REPORTS FROM MANAGEMENT

SUBMISSIONS

The Chair, Cr Clarke, advised that the following submissions had been received in accordance with the Council's Conduct of Meetings Local Law 2001.

In relation to Agenda Item 5.1, "Application for Planning Permit: TP-2009-683, 409 Queensberry Street, North Melbourne":

Requests to Speak: • Frank Guarino, Director of Bagnato Marian Guarino Architects on behalf of the applicant; • Malcolm Bell, resident; and • Robert Girdwood, resident.

In relation to Agenda Item 5.2, "Application for Planning Permit: TP-2009-663, 50-54 Epsom Road, Kensington":

Requests to Speak: • Caroline Castellain, resident; • Christine Baker, resident; • Tony Walker, resident; and • Angela Ballard, resident.

In relation to Agenda Item 5.4, "Application for Planning Permit: TP-2009-545, 79-89 Leveson Street, North Melbourne":

Requests to Speak: • Geoff Ellis, resident and on behalf of P. Golombek, resident; • Andrew Rodda, Countour Consultants on behalf of the applicant; • Tim Curtis, resident; • Angela Biasin, residents; • Anthony Wedd, resident; • Wendy Cook, resident;

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• Bill Cook, resident; and • Wesley Ellis, resident. •

Items of Correspondence: • P. Golombek, resident; and • Wesley and Samar Mahfoud, residents.

In relation to Agenda Item 5.5, "Application for Planning Permit: TP-2009-711, 5-9 Warwick Street and 6-10 Gardiner Street, North Melbourne":

Requests to Speak: • Stephen Farrugia, resident; • Graham Henderson, resident; • Peter Martin, FMSA Architecture and Construction Management; • Elise Maynard, FMSA Architecture and Construction Management; and • Rhys Goodey, resident.

Item of Correspondence: Wisewould Mahony Lawyers on behalf of Rhys Goodey, and Mick and Katy Harvey, local proprietors.

In relation to Agenda Item 5.6, "Ministerial Referral, Planning Permit Application no: TPM-2009-52, 25-35 Little Collins Street, Melbourne":

Request to Speak: • David Cole, Director of The Buchan Group, Melbourne.

In relation to Agenda Item 5.7, "Ministerial Referral, Planning Permit Application No: TPM-2009-34, 114-128 Flinders Street, Melbourne":

Request to Speak: • Roger Poole, Chairman of Bates Smart Architects, on behalf of the applicant.

In relation to Agenda Item 5.8, "Landscape Treatment Policy for Nature Strips and Medians in Streets, Avenues and Boulevards":

Item of Correspondence: • Will Deague, President, St Kilda Road Precinct and Promotion Committee.

Copies of written submissions received were circulated to Councillors prior to the commencement of the meeting.

REFERRAL NOTICE PROCESS

The Chair, Cr Clarke, advised members of the Planning Committee and the public that: • in accordance with the resolution of the Council on 28 February 2006, where the Committee makes a decision

on the basis of fewer than five members voting in favour of it, the decision may be referred, by a Councillor, to Council for decision; and

• information in relation to the referral notice process was available from the Council Business Officers.

5.1 Application for Planning Permit: TP-2009-683, 409 Queensberry Street, North Melbourne

The purpose of this report was to provide advice in relation to a Planning Permit Application for partial demolition of the existing building and the construction of a three level residential building comprising of three units and a new crossover to Howard Street. A car parking waiver is being sought for the front two dwellings.

Frank Guarino addressed the Committee in support of the application. In response to questions raised by Councillors, Mr Guarino advised the Committee that the roof terrace was not visible from street level and to see the terrace, one would need to be some distance away from the site.

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Malcolm Bell addressed the Committee speaking against the application. Mr Bell expressed concerns with the loss of privacy, overshadowing and potential damage to adjoining walls during construction. Mr Bell had provided supporting documentation to Councillors prior to the commencement of the meeting. In response to questions raised by Councillors, Mr Bell advised the Committee that he had not received any correspondence from Council since lodging his initial objection to the proposal.

In response to questions raised by Councillors, the Manager Planning and Building, Shiran Wickramasinghe, made the following comments: • condition 1(a) addresses the screening issue, which was introduced following assessment of the application and

the resulting privacy concerns; • a 1.7 metre screen is proposed on the common boundary to prevent overlooking; • the issue of overlooking from unit 2 has been addressed with screening; and • adjoining property owners are notified of proposals via building notices issued by building surveyors.

Robert Girdwood addressed the Committee speaking against the application. Mr Girdwood expressed concerns with overlooking, overshadowing and heritage issues. Mr Girdwood had provided supporting documentation to Councillors prior to the commencement of the meeting.

The Chair, Cr Clarke, with the agreement of the applicant, suggested that the matter be deferred to the next scheduled Council meeting, to allow a meeting between the applicant, interested Councillors and objectors within the next 10 days. Councillors Oke and Shanahan expressed their interest in attending the meeting.

Moved: the Chair, Cr Clarke

That the Planning Committee defer consideration of this item to the Council meeting scheduled to be held on Tuesday 23 February 2010.

Seconded: Cr Shanahan Carried unanimously.

Cr Shanahan left the meeting at 5.32 pm and returned at 5.33pm.

5.2 Application for Planning Permit: TP-2009-663, 50-54 Epsom Road, Kensington

The purpose of this report was to provide advice of an application for planning approval for alterations and additions to the existing dwellings, and construction of five new dwellings at 50-54 Epsom Road, Kensington.

Caroline Castellain addressed the Committee speaking against the application. Ms Castellain expressed concerns regarding the potential increase in traffic and the increased demand for parking in the area and noise. Ms Castellain had provided supporting documentation to Councillors prior to the commencement of the meeting. In response to questions raised by Councillors, Ms Castellain made the following comments: • providing an access point and egress should not be located in the same area as the laneway as it is just to

narrow; and • there is far too much cramming on the site to maximise the number of residences.

Christine Baker addressed the Committee speaking against the application. Whilst Ms Baker agreed an appropriate development of the site was welcome, she expressed concerns the proposal may have on parking within the area and the safety of pedestrian access through the cobbled lane. Ms Baker had provided supporting documentation to Councillors prior to the commencement of the meeting.

In response to questions raised by Councillors, the Manager Planning and Building, Shiran Wickramasinghe, made the following comments: • the car park located off private lane number 6377 is privately owned; and • waste is to be managed within the site.

Tony Walker addressed the Committee speaking against the application. Mr Walker expressed concern with the design proposal, as it is not sympathetic to other properties in the local area. Mr Walker had provided supporting documentation to Councillors prior to the commencement of the meeting.

Angela Ballard addressed the Committee speaking against the application. Ms Ballard expressed concern regarding the overshadowing of her property if the proposal were to proceed as planned. Ms Ballard had provided Councillors with supporting documentation prior to the commencement of the meeting.

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In response to further questions raised by Councillors, the Manager Planning and Building, Shiran Wickramasinghe, made the following comments: • overshadowing of adjoining properties is:

• at 9am there is no overshadowing; • at 10 there is no overshadowing; • at noon small overshadowing begins; • at lpm there overshadowing increases slightly; and

• one of the conditions is that north east boundary wall is to be reduced in height to minimise overshadowing.

The Lord Mayor, Robert Doyle, left the meeting at 6.09pm and returned at 6.10pm.

The Manager Building and Planning, Shiran Wickramasinghe, undertook to advise Councillors of who has ownership of the laneway.


1. That the Planning Committee: 1.1. note that the permit applicant has appealed to the Victorian Civil and Administrative

Tribunal (`VCAT) against Council's failure to determine the application within 60 days; and

1.2. determine to advise VCAT that its decision would have been to issue a Notice of Decision to Grant a Planning Permit subject to the conditions stipulated in Attachment I to the Report from Management with the following additional conditions: 1.2.1. delete apartment 3; 1.2.2. amend the design of apartment 4 to diminish overshadowing of 48 Epsom Road

and to ensure that the set back from the site boundary is not less than 4 metres; 1.2.3. remove the car stackers and subsequent car parks; 1.2.4. amend the other conditions to reflect the amendments proposed; and

1.3. request the Manager Planning and Building confirm the ownership of laneway.


5.3 Application for Planning Permit: TP-2009-902, 2-6 Curzon Place, North Melbourne

The purpose of this report was to advise of a planning permit application to demolish the existing building on site at 2- 6 Curzon Place, North Melbourne and to construct a three storey residential building comprising of four dwellings and convert an existing adjoining office into a dwelling.

Moved: Cr Shanahan

That the Planning Committee resolve to issue a Notice of Decision to Grant a Permit subject to the conditions listed at the end of the Report from Management.

Seconded: the Chair, Cr Clarke Carried unanimously.

Cr Ong left the meeting at 6.14pm and returned at 6.17pm.

5.4 Application for Planning Permit: TP-2009-545, 79-89 Leveson Street, North Melbourne

The purpose of this report was to advise the Committee of a Planning Permit Application to demolish the existing building and construct a four storey residential development comprising 21 dwellings, with basement bicycle and car parking and a partial waiver of the car parking requirements.

Geoff Ellis addressed the Committee speaking against the application. Mr Ellis expressed concern with the design and bulk of the proposal. Mr Ellis had provided supporting documentation to Councillors prior to the commencement of the meeting.

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Andrew Rodda addressed the Committee speaking in support of the application. Mr Rodda emphasised that the demolition will not affect issues of heritage, the proposal is compliant with the building height overlay and does riot cause overshadowing or overlooking and the applicant accepts the officers' conditions. In response to questions raised by Councillors, Mr Rodda made the following comments: • Cooks Lane will only be accessible for four of the dwellings which will result in a minimum of vehicular

movement; • the Design and Development Overlay ('DD0') on the site allows for a 14 metre height limit, which is taken

from the natural footpath surface; and • the impact on the trees located within the adjoining site as a result of the proposal is unknown.

The Executive Officer Planning, Martin Williams, confirmed for the Committee that the application was compliant the DDO on the site.

Tim Curtis addressed the Committee speaking against the application. Mr Curtis expressed concerns that the proposal will impact on traffic flow, increase demand for parking in the area and decrease the value of his property due to overlooking from the balcony on level two of the western side of the development. Mr Curtis had provided supporting documentation to Councillors prior to the commencement of the meeting.

Angela Biasin addressed the Committee speaking against the application. Ms Biasin expressed concerns with the design, overshadowing, loss of privacy, car parking, waste management issues and pedestrian safety. Ms Biasin had provided supporting documentation to Councillors prior to the commencement of the meeting.

Anthony Wedd addressed the Committee speaking against the application. Mr Wedd stated that the proposal was an overdevelopment of the site and expressed further concerns regarding the impact of increased traffic and the garish façade. Mr Wedd had provided supporting documentation to Councillors prior to the commencement of the meeting.

In response to questions raised by Councillors, the Executive Officer Planning, Martin Williams, made the following comments: • the management of waste must be located within the site; • Council's Engineering Services branch is satisfied that only four cars will access the laneway; • the 2003 decision of the Victorian Civil and Administrative Tribunal approval the proposal and the order is

silent in relation to height; • this application has the addition of another floor with a condition to increase the setback; and • water 'harvesting could be included on the list of conditions prior to a permit being issues.

Wendy Cook addressed the Committee speaking against the application. Ms Cook expressed concern with the potential impact the proposal will have on the environment and the height of the development. Ms Cook had provided Councillors with supporting documentation prior to the commencement of the meeting.

ADJOURNMENT OF MEETING

Cr Clarke moved the following motion:

That the Planning Committee adjourn at 6.44pm and resume at 6.45pm.

Cr Shanahan seconded Cr Clarke's motion. The motion was put and carried unanimously.

RESUMPTION OF MEETING

The meeting resumed at 6.45pm with the following Committee members present; the Chair, Cr Clarke, Lord Mayor, Robert Doyle, Deputy Lord Mayor, Susan Riley, and Councillors Jetter, Kanis, Louey, Oke, Ong and Shanahan.

Bill Cook, on behalf of the North & West Melbourne Association, addressed the Committee speaking against the application. Mr Cook expressed concern with the height of the proposed development stating concerns with the diminishing of the heritage quality of surrounding building infrastructure.

Wesley Ellis addressed the Committee speaking against the application. Mr Ellis expressed concern with the design of the development, waste management issues and the negative impact on the immediate surrounding area. Mr Ellis had provided supporting documentation to Councillors prior to the commencement of the meeting.

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Moved: Cr Clarke

That the Planning Committee determines to issue a Notice of Decision to Grant a Planning Permit with the following conditions:

1.1. prior to the commencement of any demolition on the land, the applicant must submit to the Responsible Authority three copies of plans drawn to scale generally in accordance with the plans received on 15/07/2009 by Carabott Holt Architects but amended to show: (a) the deletion of the third floor, reducing the overall height to no more than

10.96m; (b) the deletion of one car parking space from the basement; (c) the deletion of the basement studio for dwelling G2; (d) the ground floor of the North West corner of apt G2 lowered lm to RL23.18; (e) the bin store relocated to the north west corner of the basement; (fi the entry door at street level and stairs recessed into the building; (g) the deletion of the sub basement windows to dwelling G2 on the north and east

frontage; (h) new elevations to better reflect the character of the area in line with Council's

heritage and urban design advisors incorporating the replacement of the blue gloss, white, black bricks;

(i) replacement of the white steel plate balustrades with light grey; 0) a glass entry door at street level; (k) replacement of the grey glass with clear; (l) the width of car parking spaces 13 and 14 increased to a minimum 2.8m; (m) appropriate pedestrian sight lines in accordance with Figure 3.2 and 3.3 of

Section 3.2.4 of AS/NZS 2890.1-2004; (n) head clearance of at least 2.2m must be provided in accordance with AS/NZS

2890.1-2004; (o) access to the garage door for users of space one so that they can manoeuvre on

site and exit in a forward direction; (p) prior to the occupation of the development a storm water drainage system

incorporating a storm water drainage system incorporating water sensitive urban design, must be constructed for the development and provision made to connect this system to Council's storm water drainage system in accordance with the plans and specifications first approved by the responsible authority; Council's Manager Engineering Services; and

(q) these amended plans must be to the satisfaction of the Responsible Authority and when approved shall be the endorsed plans of this permit;

1.2. the development as shown on the endorsed plans must not be altered or modified without the prior written consent of the Responsible Authority;

1.3. prior to the commencement of the development a Waste Management Plan must be developed for the site. The plan must be to the satisfaction of the Principal Engineer — Services;

1.4. all projections over the street alignment must conform to Building Regulations 2006, Part 5, Sections 505 to 514 as appropriate and Council's Road Encroachment Guidelines;

1.5. to seek an arborist report for the trees on the adjacent properties with a view to retain those trees potentially impacted by the development;

1.6. any projection over a street alignment should be drained to a legal point of discharge in accordance with plans and specifications first approved by the Responsible Authority; Manager Engineering Services;

1.7. a legally binding agreement under Section 173 of the Planning and Environment Act 1987 should be entered into between the land Owner(s) and the Council regarding; the projection over Leveson Street more than 300mm over the street alignment. The Agreement is to indemn Council against any claims arising from the existence of the projection. The Agreement should require the Owner to maintain and keep in good repair the projection at its cost and to the satisfaction of Council whether or not the need for maintenance or repair of the structures arose from the act, neglect or default of the Owner. The Agreement should refute any future adverse possession claims over the space occupied by the projection. The Agreement should be to the satisfaction of Manager Engineering Services; Manager Planning and Building; and Council's Manager Governance Services. The Owner must pay all of Council's reasonable legal costs and expenses of this Agreement, including Land Titles Registration fee;

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1.8. all pedestrian ramps should be designed and constructed in accordance with AS 1428 Design for access and mobility and should be fitted with ground surface tactile indicators TGSI's. Steps should be set back sufficiently to enable all necessary tactile ground surface indicators to be installed within the property curtilage The design of TGSI's should be approved by Engineering Services Group prior to installation contact Hok Sie on telephone 9658 8584;

1.9. the owner of the subject land should construct a drainage system, incorporating water sensitive urban design, within the development and make provision to connect this system to Council's stormwater drainage system in accordance with plans and specifications first approved by the Responsible Authority; Manager Engineering Services;

1.10. the owner of the subject land should construct all necessary vehicle crossings and demolish all unnecessary vehicle crossings adjacent the subject land in accordance with plans and specifications first approved by the Responsible Authority; Manager Engineering Services;

1.11. the owner of the subject land will not be permitted to alter the existing footpath/road levels in Leveson and Bendigo Streets for the purpose of constructing new vehicle or pedestrian entrances without first obtaining the written approval of the Responsible Authority; Manager Engineering Services;

1.12. all necessary approvals and permits are to be first obtained from Council and the works performed to the satisfaction of Manager Engineering Services;

1.13. prior to the commencement of the development (or the certification or issue of a statement of compliance under the Subdivision Act 1988) the applicant must provide:

(a) a Certificate of Environmental Audit in accordance with Section 53Y of the

Environment Protection Act 1970; or (b) a Statement of Environmental Audit under Section 53Z of the Environment

Protection Act 1970. A Statement must state that the site is suitable for the use and development allowed by this permit;

1.14. where a Statement of Environmental Audit is provided, all the conditions of the Statement of Environmental Audit must be complied with to the satisfaction of the responsible authority, prior to commencement of use of the site. Written confirmation of compliance must be provided by a suitably qualified environmental professional or other suitable person acceptable to the responsible authority. In addition, sign off must be in accordance with any requirements in the Statement conditions regarding verification of works;

1.15. if there are conditions on a Statement of Environmental Audit that the responsible authority considers require significant ongoing maintenance and/or monitoring, the applicant must enter into a Section 173 Agreement under the Planning and Environment Act 1987. The Agreement must be executed on title prior to the commencement of the use and prior to the issue of a Statement of Compliance under the Subdivision Act 1987. The applicant must meet all costs associated with drafting and execution of the Agreement, including those incurred by the responsible authority;

1.16. this permit will expire if one of the following circumstances applies:

1.16.1. the development is not started within two years of the date of this permit; or

1.16.2. the development is not completed within four years of the date of this permit;

1.17. the Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires, or within three months afterwards;

1.18. notes:

1.18.1. a note should be included on the planning permit for this development, stating 'The permit applicant is advised that owners and occupiers of this development will not be eligible for inclusion in the resident parking scheme and will therefore not receive resident parking permits'.


Councillors Ong and Louey left the meeting at 7.08pm. Cr Ong returned to the meeting at 7.10pm.

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5.5 Application for Planning Permit: TP-2009-711, 5-9 Warwick Street and 6-10 Gardiner Street, North Melbourne

The purpose of this report was to advise the Committee of a Planning Permit Application to undertake alternations to the existing single storey warehouse on site at 5-9 Warwick Street and 6-10 Gardiner Street, and construct a three storey addition above. The building will comprise 14 apartments with ground floor car park and be 14 metres high.

Stephen Farrugia addressed the Committee speaking against the application, expressing concerns with the height of the proposed development. Mr Farrugia had provided supporting documentation to Councillors prior to the commencement of the meeting.

Cr Louey returned to the meeting at 7.12pm.

Graham Henderson addressed the Committee speaking against the application. Mr Henderson expressed concerns with the design and façade, overshadowing and loss of privacy and the bulk and height of the proposal. Mr Henderson had provided supporting documentation to Councillors prior to the commencement of the meeting.

Peter Martin addressed the Committee speaking in support of the application. In response to questions raised by Councillors, Mr Martin made the following comments: • the proposal complies the 14 metre height limit; • overlooking and overshadowing has been addressed by reducing half of the top floor; • visual bulk had been reduced by setting back the upper floors; and • street parking and traffic flows have been approved by Council's engineer and complies with Council's parking

policy.

Elise Maynard addressed the Committee speaking in support of the application. Ms Maynard emphasised that the proposal has been approved by Council officers and the appropriate conditions listed. Ms Maynard had provided supporting documentation to Councillors prior to the commencement of the meeting.

Rhys Goodey addressed the Committee speaking against the application. Mr Goodey expressed concern with the potential loss of St Andrews lane to the immediate community, which was often used for community based activities. Mr Goodey had provided supporting documentation prior to the commencement of the meeting.

Moved: Cr Shanahan

1. That the Planning Committee resolve to issue a Notice of Decision to Grant a Permit subject to a redesign of the project incorporating: 1.1. the deletion of one floor of the building; 1.2. the upper level having an external configuration similar to that proposed in the

application; and 1.3. the conditions set out in Attachment 1 to the Report from Management.

Seconded: Lord Mayor, Robert Doyle

The motion was put and carried with the Lord Mayor, Robert Doyle, Deputy Lord Mayor, Susan Riley, and Councillors Jetter, Kanis, Louey, Oke, Ong and Shanahan voting in favour of the motion and the Chair, Cr Clarke voting against the motion.

ADJOURNMENT OF MEETING

The Chair, Cr Clarke moved the following motion:

That the Planning Committee adjourn at 7.36pm and resume at 7.38pm.

Lord Mayor, Robert Doyle seconded Cr Clarke's motion. The motion was put and carried unanimously.

RESUMPTION OF MEETING

The meeting resumed at 7.39pm with the following Committee members present; the Chair, Cr Clarke, Lord Mayor, Robert Doyle, Deputy Lord Mayor, Susan Riley, and Councillors Jetter, Kanis, Louey, Oke, Ong and Shanahan.

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5.6 Ministerial Referral Planning Permit Application No: TPM-2009-52, 25-35 Little Collins Street, Melbourne

The purpose of this report was to advise the Committee of a Planning Permit Application lodged with the Department of Planning and Community Development and referred to the Melbourne City Council for comment. The application proposes the demolition of the existing building on the site and the construction of the 32 storey building which includes retail and accommodation uses.

David Cole addressed the Committee in support of the application. Mr Cole highlighted that the proposed development will have 70 bicycle spaces, 42 car spaces and a sustainable green garden on the roof. Mr Cole had provided supporting documentation to Councillors prior to the commencement of the meeting.

The Executive Officer Planning, Martin Williams, advised the Committee that the design is consistent with the original application considered by the Victoria Civil and Administrative Tribunal.

Moved: Lord Mayor, Robert Doyle

1. That the Planning Committee resolve to advise the Minister that the application is supported subject to standard conditions and the conditions listed in Attachment 4 to the Report from Management, with condition I amended to include the following: 1.1. the reduction in height of the building to not more than 24 storeys as approved by

permit TP-2008-472; and 1.2. conditions previously numbered 1(a) to 1(d) be renumbered 1(b) to 1(e) accordingly.

Seconded: Cr Ong Carried unanimously.

5.7 Ministerial Referral Planning Permit Application No: TPM-2009-34, 114-128 Flinders Street, Melbourne

The purpose of this report was to advise Committee of a planning permit application lodged with the Department of Planning and Community Development and referred to Council for comment.

Will Pearce addressed the Committee on behalf of Roger Poole, speaking in support of the application. Mr Pearce highlighted the benefits the proposed development will bring to the city. Mr Pearce had provided supporting documentation prior to the commencement of the meeting.

In response to questions raised by Councillors, the Executive Officer Planning, Martin Williams, made the following comments: • there will be a requirement for an increase in short term car parking spaces to minimise any increase in traffic to

Flinders Lane during peak periods; and • Council is not able to set the cost of parking in the car park.


1. That the Minister for Planning be advised that the City of Melbourne generally supports the application but recommends that the following conditions and notes be included in the decision:

Design details: 1.1. prior to the commencement of any demolition, bulk excavation, construction or

carrying out of works on the land, amended plans to the satisfaction of the Responsible Authority, in consultation with the City of Melbourne, must be submitted 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 three copies must be provided. The plans must generally be in accordance with the plans submitted with the application, but modified to show: (a) redesign of the Flinders Street elevation to provide additional architectural

elements to break up the mass of the Flinders Street facade; (b) redesign of the existing and proposed Flinders Lane elevation to provide

additional activation and articulation; (c) the dimensions of bicycle spaces to be provided in accordance with Clause 52.34

of the Planning Scheme;

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(d) location of 'Left Turn Only' signage (including painted arrow markings within the car park) to prevent vehicles which enter or exit the car park from turning right;

(e) long-term car spaces to be located at the top of the building; 0 the new office areas to be increased by deleting the adjacent row of car spaces

(nine spaces per level); 1.2. glazing materials used on all external walls must be of a type that does not reflect

more than 15 per cent of visible light when measured at an angle of 90 degrees to the glass surface, to the satisfaction of the Responsible Authority; Bicycle Facilities

1.3. bicycle facilities must be provided for users (staff and visitors) of the site as required under Clause 52.34 to the satisfaction of the Responsible Authority;

1.4. the dimensions of bicycle spaces must be provided in accordance with Clause 52.34 of the Planning Scheme; Car parking management

1.5. 25 per cent of the additional car parking spaces must be short stay spaces to the satisfaction of the Responsible Authority;

1.6. the Owner of the subject land will not be permitted to alter and or remove any on street car parking spaces without first obtaining the written approval of the City of Melbourne, Manager Engineering Services;

1.7. the public car parking facility hereby approved shall be designed and effectively operated as a 'Safe City Car Park' generally in accordance with the 'City of Melbourne, Planning and Design Guidelines for New and Existing Public Car Parks' utilising personal supervision and/or effective technological safety monitoring systems at all times to the satisfaction of the Responsible Authority;

1.8. vehicle entry/exit into/from the car park must be restricted to left turns only; 1.9. Prior to the commencement of the use, the owner must install the following 'Left Turn

Only' signage and undertake the following works: (a) painted Left Turn arrow markings within the car park; (b) and the standard yellow (plastic) tram separation kerbing running along the

yellow lines both north & south of the tram tracks, opposite the car park (to the satisfaction of the City of Melbourne, Principal Engineer Traffic Engineering);

1.10. the owner of the subject land should construct a drainage system, incorporating water sensitive urban design, within the development and make provision to connect this system to Council's underground stormwater drainage system in accordance with plans and specifications first approved by the City of Melbourne, Manager Engineering Services;

1.11. the Owner of the subject land will not be permitted to alter the existing footpath/road levels in Flinders Street and Flinders Lane for the purpose of constructing new vehicle or pedestrian entrances without first obtaining the written approval of the City of Melbourne, Manager Engineering Services;

1.12. all necessary approvals and permits are to be first obtained from Council and the works performed to the satisfaction of City of Melbourne, Manager Engineering Services;

1.13. prior to the commencement of the development, including demolition or bulk excavation, a detailed construction and demolition management plan must be submitted to and be approved by the City of Melbourne, Construction Management Team. This construction management plan is to be prepared in accordance with the City of Melbourne - Construction Management Plan Guidelines and is to consider the

following:

1.13.1. public safety, amenity and site security;

1.13.2. operating hours, noise and vibration controls;

1.13.3. air and dust management;

1.13.4. stormwater and sediment control;

1.13.5. waste and materials reuse; and 1.13.6. traffic management;

Notes: 1.14. on street loading and parking spaces are provided for the general public and will not

be removed to alleviate traffic issues that may arise from this proposal. The City of Melbourne will not necessarily alter existing on street parking facilities to cater for additional car movements generated by this proposal;

1.15. the provision of disabled access and facilities in accordance with the relevant provisions of the Building Control Act and A.S.1428.1 should be considered prior to the issues of a Building Permit for this development; and

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1.16. the Owner of the subject land is encouraged to investigate using part of the building as a minor facility hub / storage facility.

Seconded: Cr Ong

The motion was put and carried with the Chair, Cr Clarke, Lord Mayor, Robert Doyle, Deputy Lord Mayor, Susan Riley, and Councillors Jetter, Kanis, Louey, Ong and Shanahan voting in favour of the motion and Cr Oke voting against the motion.

The Lord Mayor, Robert Doyle, left the meeting at 8.02pm.

5.8 Landscape Treatment Policy for Nature Strips and Medians in Streets, Avenues and Boulevards

The purpose of this report was respond to the Planning Committee of the outcome of the consultation on the Draft Landscape Treatment Policy for Nature Strips and Medians in Streets, Avenues and Boulevards within the City of Melbourne and gain endorsement of the revised policy.


That the Planning Committee defer consideration of this item to Planning Committee meeting scheduled to be held on 2 March 2010, for further consideration of the use of artificial turf

Seconded: Cr Shanahan

The motion was put and carried with the Chair, Cr Clarke, Deputy Lord Mayor, Susan Riley, and Councillors Jetter, Louey and Shanahan voting in favour of the motion and Councillors Kanis, Oke and Ong voting against the motion.

5.9 Melbourne Planning Scheme Amendment C122 — Minor Changes to Clause 43.02 Design and Development Overlays

The purpose of this report was to report to the Planning Committee on the proposed changes to the Design and Development Overlays in the Melbourne Planning Scheme to improve the efficiency of the Scheme and request that the Minister for Planning approve the Amendment.


1. That the Planning Committee recommends that Council: 1.1. adopt the Melbourne Planning Scheme Amendment C122 as set out in Attachment 1 to

the Report from Management; and 1.2. submit Amendment C122 to the Minister for Planning for approval.

Seconded: Cr Ong Carried unanimously.

5.10 Melbourne Planning Scheme Amendment C154 — Student Housing Policy

The purpose of the report was to seek approval from the Planning Committee to exhibit Melbourne Planning Scheme Amendment C154 Student Housing Policy.


That the Planning Committee defer the consideration of this item to the Planning Committee meeting scheduled to be held on 2 March 2010.


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Lord Mayor, Robert Doyle, returned to the meeting at 8.06pm.

5.11 Planning and Environment Act 1987 Review: Draft Planning and Environment Amendment (General) Bill 2009

The purpose of the report was to advise the Planning Committee about the Draft Planning and Environment (General) Bill 2009, to amend the Planning and Environment Act 1987.


That the Planning Committee resolve to provide a written submission to the Department of Planning and Community Development on the Draft Planning and Environment (General) Bill 2009, in accordance with the matters addressed in this report and the draft submission (Attachment 1 to the Report from Management).


5.12 Melbourne Planning Scheme Amendment C153 — Flemington Racecourse Rezoning

The purpose of the report was to present to the Planning Committee for consideration, a request from the Victoria Racing Club to alter the zoning and overlay controls that affect Flemington Racecourse.


1. That the Planning Committee: 1.1. support a planning scheme amendment to:

1.1.1. introduce a Schedule to the Land Subject to Inundation Overlay;

1.1.2. rezone the Public Use Zone 1 - Service and Utility - partly to a Public Park and Recreation Zone and partly to a Special Use Zone 1 - Flemington Racecourse;

1.1.3. reduce the extent of the Public Acquisition Overlay 1 - Public Open Space; and

1.1.4. modi& the Special Use Zone I to incorporate the relevant built form guidelines from the Maribyrnong River Valley Vision, Design Guidelines — Final Report;

1.2. seek authorisation from the Minister for Planning to prepare Melbourne Planning Scheme Amendment CI 53 for public exhibition and proceed with the exhibition of the Amendment (see attachment I for exhibition documentation).

Seconded: Lord Mayor, Robert Doyle Carried unanimously.

6. GENERAL BUSINESS

There were no items of general business.

7. URGENT BUSINESS

There were no items of urgent business.

8. PUBLIC QUESTIONS

There were no questions from members of the public.

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9. CLOSURE OF MEETING

The meeting concluded at 8.08pm.

Confirmed at the meeting of Council on 23 February 2010.

The reports considered in the decision making process (summaries of which are incorporated in these minutes) can be found at www.melbourne.vic.gov.au/committees

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