Minutes of Urban Planning Committee Meeting - 24 June 2015

MINUTES OF THE URBAN PLANNING COMMITTEE MEETING HELD AT THE COUNCIL CHAMBER, MORELAND CIVIC CENTRE, 90 BELL STREET, COBURG ON WEDNESDAY 24 JUNE 2015

The meeting commenced at 6.42 pm

PRESENT: Cr Helen Davidson (Chairperson), Cr Lambros Tapinos, Cr Samantha Ratnam and Cr Rob Thompson

APOLOGIES: Cr Gillies.

Cr Tapinos moved, Cr Ratnam seconded that - The apology for Cr Gillies be accepted. Carried

OBSERVERS: Nil.

OFFICERS: Group Manager City Development – Phillip Priest Planning Co-ordinator - Narelle Jennings Planning Co-ordinator - Darren Camilleri Planning Co-ordinator - Mark Hughes Senior Urban Planner - Vita Galante Senior Urban Planner - Nik Muhllechner Urban Planner - Ellen McSweeney Governance Officer – Saskia Hunter Senior Communications Officer – Tara Marinucci

CONFIRMATION OF MINUTES:

Cr R Thompson moved, Cr Ratnam seconded that - The minutes of the Urban Planning Committee Meeting held on 27 May 2015 be confirmed. Carried

INTERESTS AND/OR CONFLICT OF INTERESTS: Cr Davidson declared a Conflict of Interest in UPC Report DED55/15 32 Warburton Street, Brunswick, Planning Permit Application MPS/2014/577 by close association.

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 1 Take Motion Off the Table

Cr R Thompson moved, Cr Ratnam seconded that - UPC Report DED51/15 350-364 Moreland Road, Brunswick West, Planning Permit Application MPS/2014/946 (D15/166986) presented to the UPC meeting on 27 May be taken off the table. Carried

COMMITTEE REPORTS: DED51/15 350-364 MORELAND ROAD, BRUNSWICK WEST, PLANNING PERMIT APPLICATION MPS/2014/946 (D15/166986) The application seeks approval for the construction of a five storey building containing 72 dwellings, food and drink premises (cafe) and shop and waiver of the loading bay requirements. The application was advertised and 42 objections were received. The main issues raised in objections relate to change to the built form and existing character, car parking and increased traffic congestion, overlooking, overshadowing, increased residential/construction noise, location of proposal relative to public transport and facilities and impact on infrastructure. A consultation meeting was held on 5 March 2015. Following the discussions at the consultation meeting, the applicant submitted amended plans for council’s consideration to address some of the concerns raised by objectors. The following changes were made: Screening to the south facing balconies have been provided for the south facing dwellings. Three extra car spaces have been provided within the basement car parking area Landscaping is proposed to be provided along the facade adjacent the dwellings along Moreland Road and dwelling facing Cornwall Street. A formal amendment to the application has not been made. These changes are instead referenced in the recommendation. The report details the assessment of the application against the policies and provisions of the Moreland Planning Scheme. The key areas of planning policy requiring consideration are:  Neighbourhood Character  Compliance with Clause 22.07 (Development of Four or More Storeys) The proposal is in a Mixed Use Zone where Council’s Neighbourhood Character Policy (Clause 22.01) seeks incremental change towards a new character. Additionally, a high level of compliance with Clauses 22.07 (Development of four or more storeys) is achieved. The Group Manager City Development is recommending the issue of a Notice of Decision to Grant a Planning Permit for the proposal. Cr R Thompson moved, Cr Ratnam seconded that - The Urban Planning Committee resolve: That if Council were in a position to determine the application that it would issue Notice of Decision to Grant a Planning Permit No. MPS/2014/946 for the construction of a five storey building containing dwellings and a food and drink premises (cafe) and shop and waiver of the loading bay requirements at 350-364 Moreland Road, Brunswick West subject to the following conditions:

.1 Before the development commences, amended plans to the satisfaction of the

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 2 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 three copies must be provided. The plans must be generally in accordance with the plans advertised 4 December 2014 but modified to show: )a The setback of the third level (top floor) from the south boundary increased to at least 18 metres measured perpendicular to the south boundary, with no other changes to setbacks. Private and/or communal open space can extend into the south setback on the third level by no more than 7.0 metres. )b The balconies of dwellings G.01-G.11 and 1.09-1.11 to have a minimum depth of 1.6 metres and an overall area of 8 square metres. )c Screening measures of the ground and first floor south facing balconies as presented in plans dated 19 March 2015. )d The verandah must not be not less than 750mm from the face of the kerb, with a minimum clearance of 3.0m above the level of the footpath in accordance with Clause 507 of the Building Regulations 2006 to the satisfaction of the Responsible Authority. )e All parking spaces marked with the associated dwelling or shop number to facilitate management of the car park. )f The slope of the accessway to the basement car park must be in accordance with the Australian Standard for Off-Street Parking (AS2890.1). )g Three additional car spaces within the basement car park. )h One bicycle parking facility be provided in front of the site in Moreland Road to Council’s standards in front of the shop or café. )i The internal length of the disabled parking space at least 5.4 metres long, in accordance with AS 2890.6. )j The dimensions of the bins, doorways and accessway to demonstrate that the commercial waste bins can be moved to Moreland Road for collection. )k The location of any air-conditions units and other plan equipment, including any screening. )l A new 1.8 metre high timber paling fence along the south and west boundaries of the site to enclose the landscaped areas at ground level. )m A screen diagram drawn at a scale of 1:50 which details the screens associated with dwellings on the ground and first floor that are south facing. This diagram must include: .i All dimensions, including the width of slats and the gap between slats. .ii All side screens .iii How compliance is achieved with the standard of Clause 55.04-05 (overlooking) of the Moreland Planning Scheme. )n A schedule of all proposed exterior decorations, materials, finishes and colours, including colour samples (3 copies in a form that can be endorsed and filed). )o Any substation required by the power company for this development. )p A landscape plan in accordance with Condition 3 of this permit. )q The commercial tenancy nominated as a shop.

Secondary Consent

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 3 .2 The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority. Landscape Plan .3 Prior to the commencement of any development works, a landscape plan must be submitted to and approved by the Responsible Authority based on floor plans TPO4b (dated 19 March 2015). The landscape plan must provide the following: )a A schedule of all proposed trees, shrubs and ground covers (including numbers, size at planting, size at maturity and botanical names), as well as sealed and paved surfaces. The flora selection and landscape design should be drought tolerant and based on species selection recommended in the Moreland City Council Landscape Guidelines and Technical Notes. )b Identification of any existing tree(s) and vegetation proposed to be removed and retained. Vegetation retainment must include strategies for the retainment (i.e. barriers and signage during the construction process). )c The provision of canopy trees within the southern setback. )d The provision of landscaping within the setback to Moreland Road and Cornwall Street adjacent the dwellings. )e Details of the location and type of all paved and sealed areas. Extensive hard surfaces are not supported. The adoption of porous/permeable paving, rain gardens and other water sensitive urban design features is encouraged. .4 Prior to the commencement of construction or carrying out works pursuant to this permit, or any works associated with a sensitive use, or where no works are proposed, prior to the commencement of the permitted use, either: )a A Certificate of Environmental Audit for the land must be issued in accordance with Section 53Y of the Environment Protection Act 1970 and provided to the Responsible Authority; or, )b An Environmental Auditor appointed under Section 53S of the Environment Protection Act 1970 must make a Statement in accordance with Section 53Z of that Act that the environmental conditions of the land are suitable for the use and development that are the subject of this permit and that statement must be provided to the Responsible Authority. Where a Statement of Environmental Audit is issued for the land, the buildings and works and the use(s) of the land that are the subject of this permit must comply with all directions and conditions contained within the Statement. Where a Statement of Environmental Audit is issued for the land, prior to the commencement of the use, and prior to the issue of a Statement of Compliance under the Subdivision Act 1988, and prior to the issue of an Occupancy Permit under the Building Act 1993, a letter prepared by an Environmental Auditor appointed under Section 53S of the Environment Protection Act 1970 must be submitted to the Responsible Authority to verify that the directions and conditions contained within the Statement have been satisfied. .5 Prior to any remediation works being undertaken in association with the Environmental Audit, a ‘remediation works’ plan must be submitted to and approved by the Responsible Authority. The plan must detail all excavation works as well as any proposed structures such as retaining walls required to facilitate the remediation works. Only those works detailed in the approved remediation works plan are permitted to be carried out prior to the issue of a Certificate or Statement of Environmental Audit.

Environmental Sustainable Development

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 4 .6 Prior to the endorsement of plans, the Sustainability Management Plan prepared by F2 Design dated October 2014 must be amended by a suitably qualified environmental engineer or equivalent to the satisfaction of the Responsible Authority to include the following: )a Where effective ventilation is not provided naturally, ventilation to be mechanically assisted and designed to achieve adequate ventilation rates consistent with achieving 2 points under the IEQ -1 Ventilation Rates credit in the Green Star Office tool. )b Demonstration that stormwater detention volume requirements are in addition to stormwater retention and that tank is not directly topped up by mains water. )c Preliminary building energy rating. )d Best practice urban ecology. )e Commitments to a building users guide and building tuning. )f Water metering. Where alternative ESD initiatives are proposed to those specified in condition 1a)– f), the Responsible Authority may vary the requirements of this condition at its discretion, subject to the development achieving equivalent (or greater) ESD outcomes in association with the development. When submitted and approved to the satisfaction of the Responsible Authority, the amended ESD Management Plan and associated notated plans, including but not limited to, openable windows, permeable areas, will be endorsed to form part of this permit. .7 All works must be undertaken in accordance with the endorsed Sustainability Management Plan (SMP) to the satisfaction of the Responsible Authority. No alterations to the Sustainability Management Plan (SMP) may occur without the written consent of the Responsible Authority. .8 Prior to the occupation of any dwelling approved under this permit, a report from the author of the Sustainability Management Plan (SMP) report, approved pursuant to this permit, or similarly qualified person or company, must be submitted to the Responsible Authority. The report must be to the satisfaction of the Responsible Authority and must confirm that all measures specified in the Sustainability Management Plan (SMP) have been implemented in accordance with the approved Plan. .9 Prior to the commencement of development, detailed plans of stormwater treatment devices shall be submitted and approved to the satisfaction of the responsible authority. Once approved the Stormwater Treatment Plan shall form part of the endorsed plans and measures must be incorporated into the development to the satisfaction of the Responsible Authority. Acoustic Attenuation .10 Prior to the commencement of the development approved by this permit, a report prepared by a qualified Acoustic Engineer must be submitted to the satisfaction of the Responsible Authority outlining specific noise attenuation measures to limit noise to the dwellings facing Moreland Road. Construction and maintenance of the buildings must be in accordance with the recommendations contained in this report to the satisfaction of the Responsible Authority.

Accessibility .11 Prior to the occupation of any dwelling approved under this permit, a report from the

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 5 author of the Access Plan, approved pursuant to this permit, or similarly qualified person or company, must be submitted to the Responsible Authority. The report must be to the satisfaction of the Responsible Authority and must confirm that all measures specified in the Access Plan have been implemented in accordance with the approved Plan. General .12 Any substation must be incorporated within the building (i.e. not free standing or pole mounted in the street) to ensure minimal impact on the visual amenity of the public realm. .13 Prior to the occupation of the development the bicycle parking racks must be installed in a secure manner that accords with the specifications in Bicycle Victoria’s Bicycle Parking Handbook, to the satisfaction of the Responsible Authority. .14 Prior to the occupation of the development, bicycle signage at least 300mm wide and 450mm high showing a white bicycle on a blue background must be erected directing cyclists to the location of the bicycle parking as required by Clause 52.34-5 of the Moreland Planning Scheme. .15 Prior to the occupation of the development, any existing vehicle crossing not to be used in this use or development must be removed and the kerb and channel, footpath and nature strip reinstated to the satisfaction of the Responsible Authority (Moreland City Council, City Infrastructure Department). .16 All stormwater from the land, where it is not collected in rainwater tanks for re-use, must be collected by an underground pipe drain approved by and to the satisfaction of the Responsible Authority. .17 Stormwater from the land must not be directed to the surface of the right-of-way to the satisfaction of the Responsible Authority. .18 The surface of all balconies and terraces are to be sloped to collect the stormwater run-off into stormwater drainage pipes that connect into the underground drainage system of the development to the satisfaction of the Responsible Authority. .19 Prior to the occupation of the development, all visual screening measures shown on the endorsed plans must be installed to the satisfaction of the Responsible Authority. .20 All visual screening and measures to minimise overlooking must be maintained to the satisfaction of the Responsible Authority. Any screening measure that is removed or unsatisfactorily maintained must be replaced to the satisfaction of the Responsible Authority. .21 Prior to the occupation of the development, air-conditioning and other plant and generator equipment must be concealed from external views to the satisfaction of the Responsible Authority. .22 Prior to the occupation of the development all telecommunications and power connections (where by means of a cable) and associated infrastructure to the land must be underground to the satisfaction of the Responsible Authority. Public Transport Victoria .23 The permit holder must take all reasonable steps to ensure that disruption to bus operations is kept to a minimum during construction. Foreseen disruptions to bus operations must be communicated with mitigation measures to Public Transport Victoria and the bus operators fourteen (14) days prior.

Expiry .24 This permit will expire if one of the following circumstances applies:

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 6 )a the development is not commenced within two (2) years from the date of issue of this permit; )b the development is not completed within four (4) years from the date of issue of this permit. The Responsible Authority may extend the period referred to if a request is made in writing before the permit expires or;  within six months after the permit expires to extend the commencement date.  within 12 months after the permit expires to extend the completion date of the development if the development has lawfully commenced. NOTES: These notes are for information only and do not constitute part of this notice of decision or conditions of this notice of decision. Note 1: Contact needs to be made with CitiPower (Mr Grant Quinn – 9297 6442) to determine whether CitiPower will require the power lines to be relocated away from the dwellings. Note 2: A copy of the Certificate or Statement of Environmental Audit, including the complete Environmental Audit Report must be submitted to the Responsible Authority within 7 days of issue, in accordance with Section 53ZB of the Environment Protection Act 1970. Note 3: Where a Statement of Environmental Audit is issued for the land a copy of that Statement must be provided to any person who proposes to become an occupier of the land, pursuant to Section 53ZE of the Environment Protection Act 1970. Note 4: The land owner and all its successors in title or transferees must, upon release for private sale of any part of the land, include in the Vendor’s Statement pursuant to Section 32 of the Sale of Land Act 1962, a copy of the Certificate or Statement of Environmental Audit including a copy of any cover letter. Note 5: Where a Statement of Environmental Audit issued for the land contains conditions that the Responsible Authority considers to be unreasonable in the circumstances, the Responsible Authority may seek cancellation or amendment of the planning permit in accordance with Section 87 of the Planning and Environment Act 1987. Note 6: Council charges supervision (2.5%) and plan checking (0.75%) fees on the cost of construction the drain along the easement or street as permitted by Sections 5&6 of the subdivision (Permit and Certifications Fees) Regulations 2000. Note 7: Should Council impose parking restrictions in this street, the owners and/or occupiers of the land would not be eligible for any Council parking permits to allow for on street parking. Carried

DED52/15 19 HENDERSON STREET, BRUNSWICK WEST PLANNING PERMIT APPLICATION MPS/2014/293 (D15/151754) This report considers the substitution of plans in an application before the Victorian Civil and Administrative Tribunal (VCAT) for the development of land for four double storey dwellings with a reduction of the standard car parking requirement. The application is before the UPC as it is proposed to change Council’s position on the application.

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 7 The original application received 19 objections. The applicant lodged a review of the decision to issue a Notice of Refusal with VCAT on 3 December 2014 and 12 objectors have lodged statements of grounds with the Tribunal. The hearing is scheduled for two days on the 29th and 30th June 2015. The applicant circulated amended plans on 12 May 2015 in which they intend to rely upon in the hearing. This report details the assessment of the plans against the policies and provisions of the Moreland Planning Scheme. It is considered that the key refusal grounds have been addressed including that the proposal satisfactorily achieves the objectives and standards of Clause 55, the car parking requirement is met and the proposal provides an acceptable response to neighbourhood character. The proposal is also considered to address the substantive purpose of the Neighbourhood Residential Zone (NRZ), and that despite transitional provisions applying, the dwelling yield and heights fit within that allowed by the NRZ. Following a review of the amended plans the Group Manager City Development is recommending that Council’s submission to VCAT be changed to support for the application, generally in accordance with the substituted plans circulated on 12 May 2015 and subject to the conditions outlined in the recommendation.

Cr Ratnam moved, Cr R Thompson seconded that - The Urban Planning Committee resolve: That Council’s submission to VCAT in the matter of MPS/2014/293 be one of support for the development of land for four double storey dwellings at 19 Henderson Street, Brunswick West subject to the following conditions: 1. Before the development commences, 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 three copies must be provided. The plans must be generally in accordance with the plans (dated 14 May 2015) but modified to show: a) A landscape plan in accordance with Condition 3 of this permit. b) The roof materials and associated guttering, piping etc to be a non-reflective, non-shiny finish. c) The concrete slab associated with the wall on boundary of 2 Harry Street not to be visible from the neighbouring property. d) The location of any air-conditioning units and other plant equipment, including any screening. e) The first floor render to consist of only one colour. f) An updated materials and finishes schedule. g) To include details of measures to ensure the achievement of a 7 star energy rating. 2. The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority. 3. Prior to the commencement of any development works, a landscape plan must be submitted to and approved by the Responsible Authority. The landscape plan must provide the following: a) A schedule of all proposed trees, shrubs and ground covers (including numbers, size at planting, size at maturity and botanical names), as well as sealed and paved surfaces. The flora selection and landscape design should be drought tolerant and based on species selection recommended in the Moreland City Council Landscape Guidelines and Technical Notes.

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 8 b) Identification of any existing trees and vegetation proposed to be removed and retained. Vegetation retainment must include strategies for the retainment (i.e. barriers and signage during the construction process). c) The provision of one canopy tree within each front setback to assist in the integration of the development within the existing streetscape. d) Details of the location and type of all paved and sealed areas. Extensive hard surfaces are not supported. The adoption of porous/permeable paving, rain gardens and other water sensitive urban design features is encouraged. 4. Prior to the issuing of a Statement of Compliance or occupation of the development, whichever occurs first, all landscaping works must be completed in accordance with the approved and endorsed landscape drawing to the satisfaction of the Responsible Authority. The areas designated as landscaped areas on the endorsed landscape plan must thereafter be maintained and used for that purpose. 5. Prior to the issuing of Statement of Compliance or occupation of the development, whichever occurs first, all visual screening measures shown on the endorsed plans must be installed to the satisfaction of the Responsible Authority. All visual screening and measures to prevent overlooking must be maintained to the satisfaction of the Responsible Authority. Any screening measure that is removed or unsatisfactorily maintained must be replaced to the satisfaction of the Responsible Authority. 6. Prior to the occupation of the development, a vehicle crossing must be constructed in every location shown on the endorsed plans to a standard satisfactory to the Responsible Authority (Moreland City Council, City Infrastructure Department). 7. Prior to the occupation of the development, any existing vehicle crossing not to be used in this use or development must be removed and the kerb and channel, footpath and nature strip reinstated to the satisfaction of the Responsible Authority (Moreland City Council, City Infrastructure Department). 8. All stormwater from the land, where it is not collected in rainwater tanks for re-use, must be collected by an underground pipe drain approved by and to the satisfaction of the Responsible Authority (Moreland City Council, City Infrastructure Department). 9. The garage doors are not to be single panel tilt so that tandem vehicles do not park further away, overhanging the public footpath contrary to Rule 197 of the Road Rules Victoria. 10. Prior to the commencement of the development, a legal point of discharge is to be obtained, and where required, a stormwater drainage plan showing how the site will be drained from the property boundary to the stated point of discharge, must be submitted to and approved by the Responsible Authority. 11. Prior to the occupation of the development, all boundary walls must be constructed, cleaned and finished to the satisfaction of the Responsible Authority. 12. Unless with the written consent of the Responsible Authority, any plumbing pipe, ducting and plant equipment must be concealed from external views. This does not include external guttering or associated rainwater down pipes. 13. A new 225 millimetre diameter sewer quality PVC drain is to be constructed along the easement from 21 Henderson Street to Harry Street to plans approved by the Responsible Authority. 14. Prior to the occupation of the development all telecommunications and power connections (where by means of a cable) and associated infrastructure to the land (including all existing and new buildings) must be underground to the satisfaction of the Responsible Authority.

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 9 15. The crossing for Dwelling 2 on Harry Street is to be hand dug under supervision of the Responsible Authority (Moreland City Council, Arborist) to protect the street tree. All costs are to be borne by the permit holder. 16. Prior to the occupation of the development, any Council or service authority pole or pit within 1 metre of a proposed vehicle crossing, including the 1 metre splays on the crossing, must be relocated or modified at the expense of the permit holder to the satisfaction of the Responsible Authority and the relevant service authority. 17. This permit will expire if one of the following circumstances applies: a) the development is not commenced within two (2) years from the date of issue of this permit; b) the development is not completed within four (4) years from the date of issue of this permit. The Responsible Authority may extend the period referred to if a request is made in writing before the permit expires or:  within six months after the permit expires to extend the commencement date.  within 12 months after the permit expires to extend the completion date of the development if the development has lawfully commenced. NOTES: These notes are for information only and do not constitute part of this notice of decision or conditions of this notice of decision. Note 1: Further approvals are required from Council’s City Infrastructure Department who can be contacted on 9240 1143 for any works beyond the boundaries of the property. Planting and other vegetative works proposed on road reserves can be discussed with Council’s Open Space Unit on 8311 4300 Note 2: Should Council impose car parking restrictions in this street, the owners and/or occupiers of the land would not be eligible for any Council parking permits to allow for on street parking. Note 3: The City of Moreland is committed to creating an environmentally sustainable city. A critical component in achieving this commitment is to encourage new residential development to meet appropriate environmental standards. Applicants are encouraged to use STEPS or SDS– Sustainable Tools for Environmental Performance Strategy. Using STEPS/SDS involves entering data about the proposed design into the STEPS assessment tool found at www.sustainablesteps.com.au. A score for the environmental performance is calculated and summarised. This allows applicants to design more environmentally sustainable developments and use sustainable building materials. The use of STEPS will aid in achieving a 6 star energy rating at the building permit stage. For more information or help on ESD or STEPS please contact Council’s Sustainable Development Department on: 9240 1138. Note 4: Council charges supervision (2.50%) and plan checking (0.75%) fees on the cost of constructing the drain along the easement or street as permitted by Sections 5&6 of the Subdivision (Permit and Certification Fees) Regulations 2000. Note 5: This planning permit shows a garage over the easement, but does not alter the fact that Section 12(5) of the Subdivision Act 1988 states that person entitled to use the easement are not required to repair damage to buildings or works constructed or located so as to interfere with the exercise of rights conferred by the easement if reasonable care is taken in gaining access to and using the easement. The dwelling must be designed so that the first floor will remain standing if the portion of the garage over the easement is demolished. Carried

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 10 DED53/15 130 BARKLY STREET, BRUNSWICK - PLANNING APPLICATION MPS/2010/33/C (D15/146840) The application seeks to amend the existing planning permit (MPS/2010/33/A), which allows the use of the land as an industry (microbrewery) and a reduction in the standard car parking requirements. The amendment includes the use of the land as a tavern, the sale and consumption of liquor (wine and beer producers’ licence), an additional reduction in car parking and amendment of the endorsed plans. The application also seeks retrospective approval for replacement fencing that has already been constructed within the Special Building Overlay. The application was advertised and 14 objections were received (from 11 properties, and including two pro-forma objections). The main issues raised in objections are car parking, impacts on nearby residential properties including noise and the number of existing licensed premises nearby. A planning information and discussion meeting was held on 3 June 2015. The applicant has not made any changes to the proposal as a result of the meeting. The report details the assessment of the application against the policies and provisions of the Moreland Planning Scheme. The key areas of planning policy requiring consideration are:  The appropriateness of the proposed tavern use.  Car parking provision.  Cumulative impact of licensed premises.  Amenity impacts on nearby residential properties. The Group Manager City Development is recommending the issue of a Notice of Decision to Amend a Planning Permit for the proposal.

Cr R Thompson moved, Cr Ratnam seconded that - The Urban Planning Committee resolve: That a Notice of Decision to Amend a Planning Permit No. MPS/2010/33/C be issued for 130 Barkly Street, Brunswick, subject to the following amendments and conditions: WHAT AMENDMENT IS BEING MADE TO THE PERMIT? The changes proposed to be made to the permit are as follows:  Allow the use of the land as a tavern.  Allow the sale and consumption of liquor (wine and beer producers’ licence).  An additional reduction in car parking.  The construction of replacement fencing in the Special Building Overlay.  Amendment of the endorsed plans. TO WHAT CONDITIONS IS THE AMENDMENT SUBJECT? 1. Prior to the commencement of use of either the tavern or the sale and consumption of liquor, 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 three copies must be provided. The plans must be generally in accordance with the plans advertised on1 April 2015 but modified to show:

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 11 a) An amended Noise and Amenity Action Plan that provides for: i. either a formal security or other staff member responsible for monitoring patrons entering and leaving the site during the hours of operation of the tavern, including measures to prevent patrons congregating in front of the venue on Barkly Street. ii. The details of how patrons will be encouraged to use alternative means of transport to and from the venue. b) The provision of at least 19 bicycle spaces with the main building in a manner that accords with the specifications in Bicycle Victoria’s Bicycle Parking Handbook. c) Annotation of the smoking area on the bluestone cottage verandah. 4. The loading and unloading of goods and materials and all deliveries must not occur between: • Monday to Friday 7:00pm to 6:00am • Saturday and Sunday 7:00pm to 8:00am And must not occur while the land is operating as a tavern. (amended and renumbered) 7. Prior to the commencement of the use of the land as a tavern the bicycle parking spaces required by condition 1b of this amended permit must be provided to the satisfaction of the Responsible Authority. (amended and renumbered) 10. The endorsed Noise and Amenity Action Plan forms part of this permit and must be complied with at all times. Any modifications to the management plan must be approved by the Responsible Authority in writing. 11. The use of the land as a tavern, including the sale and consumption of liquor, must only occur between the hours of: Indoor Premise: • Friday: 2.00pm to 11.00pm • Saturday: 12.00pm to 11.00pm • Sunday: 12.00pm to 10.00pm Outdoor area: • Friday: 2.00pm to 10.00pm • Saturday: 12.00pm to 10.00pm • Sunday: 12.00pm to 10.00pm 12. The maximum number of patrons permitted on the premises while operating as a tavern must not exceed 130. The number of patrons within the outdoor courtyard at any one time must not exceed 30. 13. No amplified live entertainment and no amplified music shall be permitted on site. Solo acoustic performances are permitted, however all music must be limited to background music. Background music is defined as any music played at a level that enables patrons to conduct a conversation at a distance of 600 millimetres without having to raise their voice to a substantial degree. It is not background music if it is played at a level which requires patrons to shout, or use a stage voice such as that used by an actor in the theatre, in order to carry out a conversation at such a distance.

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 12 14. Music must not be played outside of the premises or within the outdoor courtyard area.

15. The licensee shall ensure that the level of noise emitted from the premises (including the food van) must not exceed: a) The permissible noise level from mechanical equipment as specified in the State Environment Protection Policy N-1 (Control of Noise from Commercial, Industrial or Trade Premises); and b) The permissible noise levels for entertainment noise as specified in the State Environmental Protection Policy N-2 (Control of Music Noise from Public Premises). 16. The owner/operator shall ensure than an appropriate notice be provided on all menus and drinks lists requesting that patrons leaving the premises be respectful of the neighbouring residential amenity. 17. All goods must be stored within one of the existing buildings (including storage of any temporary seating outside of operating hours) to the satisfaction of the Responsible Authority. 18. The loading and unloading of vehicles and the delivery of goods to and from the premises must at all times be conducted entirely within the boundaries of the land, except whilst in a specified loading area, and in a manner that limits interference with other vehicular traffic to the satisfaction of the Responsible Authority. 19. Any food sold on the land must be consumed on the land. Signage to the satisfaction of the Responsible Authority must be displayed within the subject site (that is not visible from the street) advising patrons that all food and unpackaged alcohol must not be consumed off-site. 20. The food van may only be located onsite between 12pm Friday and 9am Monday. It must be removed from the site at all other times. 21. The endorsed Waste Management Plan must be complied with at all times to the satisfaction of the Responsible Authority. Melbourne Water Condition 22 22. Pollution and sediment laden runoff shall not be discharged directly or indirectly into Melbourne Water’s drains or waterways. 24. The use approved by the amendment to this permit will expire if the use is not commenced within two years from the date of issue of the amended permit. The responsible authority may extend the period referred to if a request is made in writing before the amended permit expires or within six months after the amended permit expires. Previously numbered condition 8 has been deleted. A copy of how an amended permit would issue forms – Attachment 1. Part B: The Director City Infrastructure investigates the possibility of resident only parking in proximity to the venue. Carried 7.34 pm Cr Ratnam left the Council Chamber. 7.36 pm Cr Ratnam returned to the Council Chamber and resumed her seat. DED54/15 7 MURPHY STREET, OAK PARK - PLANNING PERMIT APPLICATION MPS/2014/1115 (D15/142612) The application seeks approval for the construction of four double storey dwellings. The application was advertised and 11 objections were received. The main issues raised in objections are neighbourhood character, overdevelopment and traffic impacts. A planning consultation meeting was not held, however the objectors of both immediately adjoining

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 13 properties have been contacted to discuss their concerns.

The report details the assessment of the application against the policies and provisions of the Moreland Planning Scheme. The key issue is whether the proposal adequately responds to neighbourhood character. Subject to modifications in accordance with a sketch plan that shows increased secluded private open space and modifications to Dwelling 4 to provide an improved transition in building scale, it is considered that the proposal will sufficiently respect neighbourhood character. The Group Manager City Development is recommending the issue of a Notice of Decision to Grant a Planning Permit for the proposal. Adjournment of Meeting Cr Ratnam moved that - UPC resolve that Standing Orders be suspended. Carried The UPC meeting was adjourned at 7.52 pm. Resumption of Meeting Cr Ratnam moved that - UPC resolve that Standing Orders be resumed. Carried The UPC meeting was resumed at 7.59 pm with all Councillors present.

Deferred Cr Ratnam moved that - That UPC Report DED54/15 7 Murphy Street Oak Park - Planning Permit Application MPS/2014/1115 (D15/142612) item be deferred until the next UPC meeting. Carried on the casting vote of the Chair

Appointment of Temporary Chairperson

Cr Tapinos moved, Cr Ratnam seconded that - Cr R Thompson be appointed as Temporary Chairperson. Cr R Thompson assumed the Chair. Carried 8.03 pm Cr Davidson left the Council Chamber. DED55/15 32 WARBURTON STREET, BRUNSWICK, PLANNING PERMIT APPLICATION MPS/2014/577 (D15/59493) The application seeks approval for partial demolition and extension to the existing building to allow for a three storey building plus roof terrace containing six dwellings and a reduction in a visitor car parking space. The application was advertised and 13 objections were received. The main issues raised in objections are neighbourhood character and overlooking. A consultation meeting between council officers, the applicant and objectors was held on 6 May 2015. Following the meeting, the applicant agreed to additional conditions regarding screening and traffic management during construction and two objections have been withdrawn. The report details the assessment of the application against the policies and provisions of

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 14 the Moreland Planning Scheme.

The key planning policy issues for consideration include impact on the neighbourhood and heritage character. Given the proposed dwellings are largely contained within the existing building envelope there is minimal change to the heritage and neighbourhood character. In addition a high level of compliance with Clause 55 is achieved. The Group Manager City Development is recommending the issue of a Notice of Decision to Grant a Planning Permit for the proposal.

Cr Tapinos moved, Cr Ratnam seconded that - The Urban Planning Committee resolve: That a Notice of Decision to Grant a Planning Permit No. MPS/2014/577 be issued for the partial demolition and extension to the existing building to allow for a three storey building containing six dwellings and a reduction in a visitor car parking space at 32 Warburton Street, Brunswick, subject to the following conditions : .25 Before the development commences, 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 three copies must be provided. The plans must be generally in accordance with the plans advertised with the application but modified to show: )a Screening or fixed obscure frosted glass to a height of 1.7 metres above the finished floor level to all the first floor south facing bedroom windows of Dwellings 1 and 6. If screening is used, a screen diagram drawn at a scale of 1:50 must be provided which must include: .i All dimensions, including the width of slats and the gap between slats or whether obscure glazing is proposed. .ii All side screens .iii How compliance is achieved with the standard of Clause 55.04-6 (overlooking) of the Moreland Planning Scheme. )b The garage doors and internal width of the garages dimensioned at least 3.5 metres wide for the entire length. )c A landscape plan in accordance with Condition 3 of this permit. )d The location of any air-conditioning units and other plant equipment, including any screening. )e A schedule of all proposed exterior decorations, materials, finishes and colours, including colour samples (3 copies in a form that can be endorsed and filed). All exterior furnishes (i.e. gates, window frames, garage doors, balconies) to be one consistent colour of black or ironstone - powder coated. )f Any electricity meter boxes and services cupboard designed within the building. )g Deletion of the rooftop deck level and all associated screens and planter boxes associated with every dwelling. )h The proposed first floor balconies increased to a minimum floor area of 8 sq m, without a decrease to the balcony setbacks to the north boundary. )i Deletion of the proposed render on the external walls and the building to retain the existing brickwork other than for where the bricks must be removed (i.e. for window openings). The existing brickwork must remain exposed and not be painted or covered. .26 The development as shown on the endorsed plans must not be altered without the

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 15 written consent of the Responsible Authority.

.27 Prior to the commencement of any development works, a landscape plan must be submitted to and approved by the Responsible Authority. The landscape plan must provide details of vegetation within the planter boxes including number, size and maturity and irrigation. .28 Prior to the issuing of a Statement of Compliance or occupation of the development, whichever occurs first, all landscaping works must be completed in accordance with the approved and endorsed landscape drawing to the satisfaction of the Responsible Authority. The areas designated as landscaped areas on the endorsed landscape plan must thereafter be maintained and used for that purpose. .29 Prior to the commencement of construction or carrying out works pursuant to this permit, or any works associated with a sensitive use, or where no works are proposed, prior to the commencement of the permitted use, either: )a A Certificate of Environmental Audit for the land must be issued in accordance with Section 53Y of the Environment Protection Act 1970 and provided to the Responsible Authority; or, )b An Environmental Auditor appointed under Section 53S of the Environment Protection Act 1970 must make a Statement in accordance with Section 53Z of that Act that the environmental conditions of the land are suitable for the use and development that are the subject of this permit and that statement must be provided to the Responsible Authority. Where a Statement of Environmental Audit is issued for the land, the buildings and works and the use(s) of the land that are the subject of this permit must comply with all directions and conditions contained within the Statement. Where a Statement of Environmental Audit is issued for the land, prior to the commencement of the use, and prior to the issue of a Statement of Compliance under the Subdivision Act 1988, and prior to the issue of an Occupancy Permit under the Building Act 1993, a letter prepared by an Environmental Auditor appointed under Section 53S of the Environment Protection Act 1970 must be submitted to the Responsible Authority to verify that the directions and conditions contained within the Statement have been satisfied. Where a Statement of Environmental Audit is issued for the land, and any condition of that Statement requires any maintenance or monitoring of an ongoing nature, the Owner(s) must enter into an Agreement with Council pursuant to Section 173 of the Planning and Environment Act 1987. Where a Section 173 Agreement is required, the Agreement must be executed prior to the commencement of the permitted use, and prior to the certification of the plan of subdivision under the Subdivision Act 1988. All expenses involved in the drafting, negotiating, lodging, registering and execution of the Agreement, including those incurred by the Responsible Authority, must be met by the Owner(s). .30 Prior to any remediation works being undertaken in association with the Environmental Audit, a ‘remediation works’ plan must be submitted to and approved by the Responsible Authority. The plan must detail all excavation works as well as any proposed structures such as retaining walls required to facilitate the remediation works. Only those works detailed in the approved remediation works plan are permitted to be carried out prior to the issue of a Certificate or Statement of Environmental Audit. .31 Prior to the occupation of the development, all boundary walls must be constructed, cleaned and finished to the satisfaction of the Responsible Authority. .32 Prior to the commencement of any buildings and works associated with the proposed development, a Traffic Management Plan (TMP) must be submitted and approved by

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 16 the Responsible Authority (Council’s Strategic Transport and Urban Safety Branch). The Traffic Management Plan (as relevant) must include the following requirements:  48 hours written notice prior to any temporary closure of Cocoa Jackson Lane will be provided to the owner/occupier of 123 – 127 Lygon Street, Brunswick (Reece Pty Ltd);  Any temporary closure of Cocoa Jackson Lane will occur between the hours of 10am – 4pm only;  There will be no consecutive days of temporary closure; and  The temporary closure of Cocoa Jackson Lane must be limited to the land located immediately south of the subject side and between Warburton Street and the eastern end of the site. .33 Prior to the issuing of Statement of Compliance or occupation of the development, whichever occurs first, all visual screening measures shown on the endorsed plans must be installed to the satisfaction of the Responsible Authority. All visual screening and measures to prevent overlooking must be maintained to the satisfaction of the Responsible Authority. Any screening measure that is removed or unsatisfactorily maintained must be replaced to the satisfaction of the Responsible Authority. .34 All stormwater from the land, where it is not collected in rainwater tanks for re-use, must be collected by an underground pipe drain approved by and to the satisfaction of the Responsible Authority (Moreland City Council, City Infrastructure Department). .35 Prior to the commencement of the development, a legal point of discharge is to be obtained, and where required, a stormwater drainage plan showing how the site will be drained from the property boundary to the stated point of discharge, must be submitted to and approved by the Responsible Authority. .36 Unless with the written consent of the Responsible Authority, any plumbing pipe, ducting and plant equipment must be concealed from external views. This does not include external guttering or associated rainwater down pipes. .37 Prior to the occupation of the development all telecommunications and power connections (where by means of a cable) and associated infrastructure to the land (including all existing and new buildings) must be underground to the satisfaction of the Responsible Authority. .38 This permit will expire if one of the following circumstances applies: )a the development is not commenced within two (2) years from the date of issue of this permit; )b the development is not completed within four (4) years from the date of issue of this permit. The Responsible Authority may extend the period referred to if a request is made in writing before the permit expires or;  within six months after the permit expires to extend the commencement date.  within 12 months after the permit expires to extend the completion date of the development if the development has lawfully commenced. NOTES: These notes are for information only and do not constitute part of this notice of decision/permit or conditions of this notice of decision/permit. Note 1: Further approvals are required from Council’s City Infrastructure Department who can be contacted on 9240 1143 for any works beyond the boundaries of the property. Planting and other vegetative works proposed on road reserves can be discussed with Council’s Open Space Unit on 8311 4300. Note 2: Should Council impose car parking restrictions in this street, the owners and/or occupiers of the land would not be eligible for any Council parking permits to

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 17 allow for on street parking. Carried 8.56 pm Cr Davidson returned to the Council Chamber and resumed her seat.

Resumption of Chairperson

Cr Ratnam moved, Cr Tapinos seconded that - Cr Davidson resumes as Chairperson. Carried Cr Davidson resumed the Chair.

DED56/15 70 LYGON STREET, BRUNSWICK EAST - PLANNING PERMIT APPLICATION MPS/2014/1176 (D15/144979) The application seeks approval for the use and development of the land to construct a three storey addition to the rear of the existing building, containing a shop and four dwellings, a reduction of the car parking requirement and a waiver of the loading and unloading of vehicles requirement. The application was advertised and one objection was received. The concerns raised in the objection were discussed with the objector during the notification period. The applicant was informed of the objection and provided a response to the matters raised. The applicant has not sought to amend the proposal in light of the objection. The main issues raised in the objection are that the proposal does not reflect existing conditions on surrounding properties, neighbourhood character, overdevelopment, high site coverage, car parking, lack of a loading bay, and the additional load placed on utilities. The report details the assessment of the application against the policies and provisions of the Moreland Planning Scheme. The key areas of planning policy requiring consideration are:  The impact on the neighbourhood character and the heritage streetscape.  Objectives and Standards of Clause 55.  The provision of car parking and loading facilities. The application is before the Urban Planning Committee at the request of Council because it falls within the Lygon Street Heritage Study precinct proposed by Planning Scheme Amendment C149. The Group Manager City Development is recommending the issue of a Notice of Decision to Grant a Planning Permit for the proposal.

Cr R Thompson moved, Cr Ratnam seconded that - The Urban Planning Committee resolve: That a Notice of Decision to grant a planning permit No. MPS/2014/1176 be issued for the use and development of the land to construct a three storey extension to the rear of the existing building, including a shop and four dwellings, a reduction of the car parking requirement and a waiver of the loading and unloading of vehicles requirement at 70 Lygon Street, Brunswick East, subject to the following conditions: Amended plans 1. Before the development commences, 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 three copies must be provided. The plans must be generally in accordance with the plans (advertised

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 18 27 February 2015) but modified to show:

a) Any changes recommended in the acoustic report required by condition 3 of this planning permit. b) A solid stall riser below the main ground floor window facing Lygon Street, no greater than 700mm in height above the footpath and a solid panelled or half glazed entrance door. c) The positioning and proportions of the proposed ground floor window openings in the north elevation of the original building to reflect the positioning and proportions of the window openings immediately above. d) The glazed screen to the balcony for Dwelling 1 removed and replaced with a glazed balustrade and the rumpus room setback 2 metres from the St. Phillip Street boundary. e) The operable facade screening in front of the windows and balconies on the northern elevation deleted. f) The stairwell of Dwelling 4 leading to the roof deck relocated to the southern elevation. g) A minimum of 3 cubic metres of storage space for Dwelling 1 at ground floor level. h) The proposed vehicle crossover with 1 metre straight splays on both sides commencing at the property boundary and finishing at the kerb in accordance with Council’s Standard Vehicle Crossing design. i) The location of any substation required by the power company for this development. Any substation must be incorporated within the building (i.e. not free standing or pole mounted in the street) to ensure minimal impact on the visual amenity of the public realm. j) The location of any air-conditioning units and other plant equipment, including any screening. k) A schedule of all proposed exterior decorations, materials, finishes and colours, including colour samples (three copies in a form that can be endorsed and filed). 2. The use and development as shown on the endorsed plan(s) must not be altered or modified unless with the further written approval of the Responsible Authority. Acoustic report 3. Prior to the commencement of the development approved by this planning permit, a report prepared by a qualified acoustic engineer must be submitted to the satisfaction of the Responsible Authority outlining specific noise attenuation measures to ensure the internal amenity of the dwellings is not adversely affected by external noise sources. Construction and maintenance of the buildings must be in accordance with the recommendations contained in this report to the satisfaction of the Responsible Authority. Car parking and access 4. The car parking spaces provided on the land must be solely associated with the development allowed by this permit and must not be subdivided or sold separate from the development for any reason without the written consent of the Responsible Authority. 5. Prior to the occupation of the development, a vehicle crossing must be constructed in every location shown on the endorsed plans to a standard satisfactory to the Responsible Authority (Moreland City Council, City Infrastructure Department). 6. Prior to the occupation of the development, any existing vehicle crossing not to be used in this use or development must be removed and the kerb and channel, footpath

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 19 and nature strip reinstated to the satisfaction of the Responsible Authority (Moreland City Council, City Infrastructure Department). 7. Prior to the occupation of the development, any Council or service authority pole or pit within 1 metre of a proposed or modified vehicle crossing must be relocated to a point in front of the site or modified at the expense of the permit holder to the satisfaction of the Responsible Authority and the relevant service authority. 8. Prior to the occupation of the development, the garage roller door(s) must be automatic and remote controlled. 9. Any ramp constructed to access the garage floor from the right-of-way must be contained entirely within the site to ensure that the level of the right-of-way remains as constructed by the relevant road authority. General 10. All stormwater from the land, where it is not collected in rainwater tanks for re-use, must be collected by an underground pipe drain approved by and to the satisfaction of the Responsible Authority (Moreland City Council, City Infrastructure Department). 11. Unless with the prior written consent of the Responsible Authority, any plumbing pipe, ducting and plant equipment must be concealed from external views. This does not include external guttering or associated rainwater down pipes. 12. Stormwater from the land must not be directed to the surface of the right-of-way to the satisfaction of the Responsible Authority. 13. The surface of all balconies and terraces are to be sloped to collect the stormwater run-off into stormwater drainage pipes that connect into the underground drainage system of the development to the satisfaction of the Responsible Authority. 14. Prior to the occupation of the development all telecommunications and power connections (where by means of a cable) and associated infrastructure to the land must be underground to the satisfaction of the Responsible Authority. 15. Prior to the occupation of the development air-conditioning and other plant and generator equipment must be screened from the view of adjoining properties and the street to the satisfaction of the Responsible Authority. 16. Prior to the occupation of the development, all boundary walls must be constructed, cleaned and finished to the satisfaction of the Responsible Authority. 17. Prior to the occupation of the development, a letterbox must be provided for each of the premises at the street frontage. The dimensions, placement and numbering must comply with the Australia Post – General Post Guide 2004 (Point G4.3) as published on its website to the satisfaction of the Responsible Authority. 18. Prior to the occupation of the development hereby approved, the owner must provide an advanced replacement tree in an appropriate location in a nature strip nearby in accordance with the Moreland Street Landscape Strategy for the street tree in St. Phillip Street removed for the vehicle crossing, to the satisfaction of the Responsible Authority. All costs must be borne by the owner. Permit expiry 19. This permit will expire if one of the following circumstances applies:  The development is not commenced within two (2) years from the date of issue of this permit.  The development is not completed within four (4) years from the date of issue of this permit.  The use is not commenced within four (4) years from the date of issue of this

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 20 permit.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or:  Within six months after the permit expires to extend the commencement date.  Within 12 months after the permit expires to extend the completion date of the development if the development has lawfully commenced. NOTES: These notes are for information only and do not constitute part of this notice of decision or conditions of this notice of decision. Note 1: Further approvals are required from Council’s City Infrastructure Department who can be contacted on 9240 1143 for any works beyond the boundaries of the property. Note 2: The permit holder is advised to contact Council's Property Unit on 9240 2208 for allocation of street numbers associated with the development. Note 3: Should Council impose car parking restrictions in this street, the owners and/or occupiers of the land would not be eligible for any Council parking permits to allow for on street parking. Note 4: The City of Moreland is committed to creating an environmentally sustainable city. A critical component in achieving this commitment is to encourage new residential development to meet appropriate environmental standards. Applicants are encouraged to use STEPS or SDS– Sustainable Tools for Environmental Performance Strategy. Using STEPS/SDS involves entering data about the proposed design into the STEPS assessment tool found at www.sustainablesteps.com.au. A score for the environmental performance is calculated and summarised. This allows applicants to design more environmentally sustainable developments and use sustainable building materials. The use of STEPS will aid in achieving a 6 star energy rating at the building permit stage. For more information or help on ESD or STEPS please contact Council’s Sustainable Development Department on 9240 1138. Note 5: This permit does not authorise the removal of, damage to or pruning of any street tree. Further written consent must be obtained from Council’s Open Space Unit. The Open Space Unit can be contacted on 8311 4300. Carried

DED57/15 54 WINIFRED STREET, OAK PARK - PLANNING PERMIT APPLICATION MPS/2014/839 (D15/147358) The application seeks approval for the construction of three dwellings comprising two double storey and one single storey dwellings. The application was advertised and no objections were received. The report details the assessment of the application against the policies and provisions of the Moreland Planning Scheme. The key planning policy considerations relate to the front setback variation and the layout of the two crossovers. An assessment of the application has revealed that the front setback variation and two vehicle crossings will have an adverse impact on neighbourhood character. To be able to be supported, the development would be required to have one crossover to Winifred Street with the front setback largely landscaped with canopy trees and an increase in the setback to the street. Car parking facilities and built form also should not dominate the

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 21 facade and streetscape. The opportunity to redesign the proposal to present an alternative design was offered to the applicant, however this option has not be been pursued. The application is being reported to the Urban Planning Committee at the request of Cr Ratnam. The Group Manager City Development is recommending the issue of a Notice of Refusal to Grant a Planning Permit for the proposal.

Cr R Thompson moved, Cr Ratnam seconded that - The Urban Planning Committee resolve: That Council’s submission to the Victorian Civil and Administrative Tribunal be that Planning Permit MPS/2014/839 be issued for the construction of three dwellings comprising two double storey and one single storey dwellings on the land at 54 Winifred Street, Oak Park, subject to the following conditions: .1 Before the development commences, 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 three copies must be provided. The plans must be generally in accordance with the plans (received 24 September 2014) but modified to show: )a The front setback of Dwelling 1 increased to 6.72 metres to comply with Clause 55.03-1 (Street Setback) of the Moreland Planning Scheme. )b The internal length of the garage associated with Dwelling 2 as 6 metres long in accordance with Clause 52.06-8 (Design Standards for Car Parking) of the Moreland Planning Scheme. )c The proposed vehicle crossing with 1 metre straight splays on both sides commencing where the footpath meets the nature strip and finishing at the kerb in accordance with Council’s Standard Vehicle Crossing design. )d The design of any structure to be sited within the front setback required to accommodate an electricity meter box must not be higher than 1.5 metres to minimise the visual impact on the streetscape and located to ensure there are no impacts on pedestrian safety and vehicle traffic to the satisfaction of the Responsible Authority. )e A landscape plan in accordance with Condition 3 of this permit. )f A schedule of all proposed exterior decorations, materials, finishes and colours, including colour samples (3 copies in a form that can be endorsed and filed). .2 The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority. .3 Prior to the commencement of any development works, a landscape plan must be submitted to and approved by the Responsible Authority. The landscape plan must provide the following: )a A schedule of all proposed trees, shrubs and ground covers (including numbers, size at planting, size at maturity and botanical names), as well as sealed and paved surfaces. The flora selection and landscape design should be drought tolerant and based on species selection recommended in the Moreland Landscape Guidelines and Technical Notes. )b Identification of any existing tree(s) and vegetation proposed to be removed and retained. Vegetation retainment must include strategies for the retainment (i.e. barriers and signage during the construction process). )c The provision of canopy trees within the front setback(s) to assist in the integration of the development within the existing streetscape

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 22 )d Details of the location and type of all paved and sealed areas. Extensive hard surfaces are not supported. The adoption of porous/permeable paving, rain gardens and other water sensitive urban design features is encouraged.

.4 Prior to the issuing of a Statement of Compliance or occupation of the development, whichever occurs first, all landscaping works must be completed in accordance with the approved and endorsed landscape drawing to the satisfaction of the Responsible Authority. The areas designated as landscaped areas on the endorsed landscape plan must thereafter be maintained and used for that purpose. .5 Prior to the issuing of Statement of Compliance or occupation of the development, whichever occurs first, all visual screening measures shown on the endorsed plans must be installed to the satisfaction of the Responsible Authority. All visual screening and measures to prevent overlooking must be maintained to the satisfaction of the Responsible Authority. Any screening measure that is removed or unsatisfactorily maintained must be replaced to the satisfaction of the Responsible Authority. .6 Prior to the occupation of the development, a vehicle crossing must be constructed in every location shown on the endorsed plans to a standard satisfactory to the Responsible Authority (Moreland City Council, City Infrastructure Department). .7 The owner must provide an advanced replacement tree in an appropriate location in a nature strip nearby in accordance with the Moreland Street Landscape Strategy for each street tree removed for the vehicle crossing to the satisfaction of the Responsible Authority. .8 Before the commencement of the use, an automatic system of external light operating between dusk and dawn with no direct light emitted onto adjoining property, must be installed and maintained on the land to the satisfaction of the Responsible Authority to illuminate access to the rear dwellings. .9 All stormwater from the land, where it is not collected in rainwater tanks for re-use, must be collected by an underground pipe drain approved by and to the satisfaction of the Responsible Authority (Moreland City Council, City Infrastructure Department). .10 Prior to the commencement of the development, a legal point of discharge is to be obtained, and where required, a stormwater drainage plan showing how the site will be drained from the property boundary to the stated point of discharge, must be submitted to and approved by the Responsible Authority. .11 Prior to the occupation of the development, all boundary walls must be constructed, cleaned and finished to the satisfaction of the Responsible Authority. .12 Unless with the written consent of the Responsible Authority, any plumbing pipe, ducting and plant equipment must be concealed from external views. This does not include external guttering or associated rainwater down pipes. .13 Prior to the occupation of the development all telecommunications and power connections (where by means of a cable) and associated infrastructure to the land (including all existing and new buildings) must be underground to the satisfaction of the Responsible Authority. .14 A letterbox must be provided for each of the premises at the street frontage. The dimensions, placement and numbering must comply with the Australia Post – Letterbox Security and Specification as published on its website to the satisfaction of the Responsible Authority. .15 Prior to the occupation of the development, any Council or service authority pole or pit within 1 metre of a proposed vehicle crossing, including the 1 metre splays on the crossing, must be relocated or modified at the expense of the permit holder to the

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 23 satisfaction of the Responsible Authority and the relevant service authority.

.16 This permit will expire if one of the following circumstances applies: )a the development is not commenced within two (2) years from the date of issue of this permit; )b the development is not completed within four (4) years from the date of issue of this permit. The Responsible Authority may extend the period referred to if a request is made in writing before the permit expires or:  Within six months after the permit expires to extend the commencement date.  Within 12 months after the permit expires to extend the completion date of the development if the development has lawfully commenced. Notes: These notes are for information only and do not constitute part of this permit or conditions of this permit. Note 1: It may be necessary to obtain a building permit prior to the commencement of any demolition, building works or occupation of the building. It is strongly recommended that you consult with a registered building surveyor to advise on any requirements under the Building Act, the Building Regulations and any other subordinate legislation. Further information can be sought from the Victorian Building Authority, Phone 1300 815 127 or www.vba.vic.gov.au. Council's building services branch can also assist you in the provision of this service and can be contacted on 9240 1111 or http://www.moreland.vic.gov.au/services/building-fr.htm. Note 2: Further approvals are required from Council’s City Infrastructure Department who can be contacted on 9240 1143 for any works beyond the boundaries of the property. Planting and other vegetative works proposed on road reserves can be discussed with Council’s Open Space Unit on 8311 4300. Note 3: For safety, Council officers must carry out removal of its existing street tree. Council will also require compensation for loss of asset value of the street tree. Information on appropriate replacement street tree the Supervising Arborist can be contacted on 8311 4381. Note 4: Should Council impose car parking restrictions in this street, the owners and/or occupiers of the land would not be eligible for any Council parking permits to allow for on street parking. Note 5: The City of Moreland is committed to creating an environmentally sustainable city. A critical component in achieving this commitment is to encourage new residential development to meet appropriate environmental standards. Applicants are encouraged to use STEPS or SDS– Sustainable Tools for Environmental Performance Strategy. Using STEPS/SDS involves entering data about the proposed design into the STEPS assessment tool found at www.sustainablesteps.com.au. A score for the environmental performance is calculated and summarised. This allows applicants to design more environmentally sustainable developments and use sustainable building materials. The use of STEPS will aid in achieving a 6 star energy rating at the building permit stage. For more information or help on ESD or STEPS please contact Council’s Sustainable Development Department on: 9240 1138.

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 24 Note 6: Council may not issue individual bins to new Owners Corporation developments. In the event that shared bins are provided for this development, an amendment to the plans may be required to show the location of a storage area for the shared bins on common land. Please contact Council's City Infrastructure department on 9240 1111 for more information. Carried

DED58/15 86 TARANA AVENUE, GLENROY PLANNING PERMIT APPLICATION MPS/2014/519 (D15/151170) The application seeks approval for the construction of two double storey semi-detached dwellings. The application was advertised and 3 objections were received. The main issue raised in objections was off-site amenity impacts of bulk, overshadowing, overlooking and daylight impacts to windows. The report details the assessment of the application against the policies and provisions of the Moreland Planning Scheme. The key issue with the proposal is the provision of two crossovers and associated driveways within the front setback of the building. It is considered that the provision of two crossovers and parking areas within the front setback is not in keeping with the neighbourhood character and negatively impacts on the pedestrian environment contrary to Council policy at Clause 22.03-3. The Group Manager City Development is recommending the issue of a Notice of Refusal for the proposal.

Deferred Cr Ratnam moved that - That UPC Report DED58/15 86 Tarana Avenue Glenroy Planning Permit Application MPS/2014/519 (D15/151170) be deferred until the next UPC meeting. Carried

The meeting closed at 9.24 pm.

Confirmed

Cr Helen Davidson CHAIRPERSON

Minutes of the Urban Planning Committee Meeting held on 24 June 2015 (D15/194745) 25