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), CrLambros Tapinos, CrSamanthaRatnam 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.

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 72dwellings, 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 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 4December 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
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
6.  Prior to the endorsement of plans, the Sustainability Management Plan prepared by F2Design 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 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.