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Council Meeting Notice Paper Monday 29 October 2018 at 7pm Council Chamber, Malvern Town Hall, (enter off Glenferrie Road, Malvern)

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Council MeetingNotice PaperMonday 29 October 2018 at 7pm

Council Chamber, Malvern Town Hall,(enter off Glenferrie Road, Malvern)

Vision

Stonnington will be an inclusive, healthy, creative, sustainable and smart community.

Council’s vision will be implemented through four key pillars:

Community: An inclusive City that enhances the health and wellbeing of all residents, where people can feel safe, socially connected and engaged.

Liveability: The most desirable place to live, work and visit. Environment: A cleaner, safer and better environment for current and future

generations to enjoy. Economy: A City that will grow its premier status as a vibrant, innovative and

creative business community.

These pillars reflect the shared priorities of our community and Council, and are consistent with our history and vision for a liveable future. For each pillar, there is a framework for our strategies, actions and measures which outline the key services and projects to be delivered to our community.

The Strategic Resource Plan sets out how Council will provide the resources needed to implement strategies and actions within the Council Plan.

Councillors

Cr Steven Stefanopoulos, MayorCr Glen AtwellCr Marcia GriffinCr Jami KlisarisCr John Chandler Cr Sally DavisCr Judy HindleCr Matthew KoceCr Melina Sehr

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NOTESCouncil business is conducted in accordance with Part 4 Division 3 of the Meeting Procedure section of Council’s General Local Law 2018 (No 1). Some copies are available with the agenda or you can find a copy on Council’s website www.stonnington.vic.gov.au under local laws.

Councillors carry out the functions, powers, authorities and discretions vested with them under the Local Government Act 1989, and any other relevant legislation. Councillors impartially perform the Office of Councillor duties, in the best interests of the City of Stonnington residents to the best of their skills and judgement.

Councillors must formally declare their conflicts of interest in relation to any items listed on the agenda at the start of the meeting and immediately prior to the item being considered, in accordance with Sections 77 to 79 of the Act.

READING OF THE RECONCILIATION STATEMENT

We acknowledge that we are meeting on the traditional land of the Boonwurrung and Wurundjeri people and offer our respects to the elders past and present. We recognise and respect the cultural heritage of this land.

READING OF THE AFFIRMATION STATEMENT

We are reminded that as Councillors we are bound by our Oath of Office to undertake the duties of Councillor in the best interests of the people of the City of Stonnington and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in us under the Local Government Act and any other relevant Act

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Welcome

Welcome to a Stonnington City Council meeting. These meetings are an important way to ensure that your democratically elected Councillors work for you in a fair and transparent way.

About this meeting

The first page of tonight’s agenda shows the different parts to the meeting, some of these are administrative and are required by Stonnington’s Local Law.

In the agenda you will also find a list of all the items to be discussed under ‘General Business’. Each report is written by a council officer and outlines the purpose of the report, relevant information and a recommended decision for councillors.

Council will consider the report and either accept, reject or make amendments to the recommendation. Council decisions are adopted if they receive a majority vote from the Councillors present at this meeting.

Arrangements to ensure meetings are accessible to the public

Council meetings are held at the Malvern Town Hall, corner High Street and Glenferrie Road (entry via Glenferrie Road by the door closest to the Malvern Police Station).

The Malvern Town Hall has an entrance ramp and elevators to ensure that the Council Chamber is accessible to the public. Fully accessible toilet and bathroom facilities are also available.

If you require translation, interpreting services or a hearing loop set up, please contact Council’s civic support on 03 8290 1331 to make appropriate arrangements before the meeting.

To ensure that people in the chamber can follow the meetings’ proceedings, proposed alternate resolutions, also known as ‘yellows’, are displayed on a screen and microphones are used during debate.

Live webcasting

Council meetings are webcast live via Council’s website, allowing those interested to view proceedings without attending Council meetings.

This gives people who may otherwise be unable to attend access to Council decisions and debate. A recording of the meeting is available on our website after the meeting (usually within 48 hours).

Only Councillors and Council officers seated around the Council table are visible on film. People in the public gallery will not be filmed, but if you speak, you will be recorded. Visit stonnington.vic.gov.au for more information.

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Members of the galleryIf you choose to attend a council meeting as a member of the public gallery, you should note the role of the Chairperson and your responsibilities under the City of Stonnington General Local Law 2018(1).

Extracts from the Local Law:

81. Gallery to be Silent

(1) Visitors must not interject or take part in the debate.(2) The gallery must be silent at all times during any Council Meeting.(3) The ring tones of mobile telephones and other devices must be turned off by people

in the gallery at all times.

88. Recording or Filming Proceedings

(1) A person must not operate an audio tape, mobile telephone or other recording or transmitting equipment or film ('a device') at any Council Meeting without first obtaining the consent of the Chairperson.

(2) Consent given under sub-clause (1) may be revoked by the Chairperson at any time during the course of a meeting.

(3) If a device is operated, or suspected of being operated, in contravention of sub-clause (1), the Chairperson may:(a) order the person operating, or suspected of operating, the device to produce

the device to the Chairperson; and(b) arrange for any matter that has been recorded on the device in contravention of

sub-clause (1) to be deleted, erased or otherwise removed from the device.(4) Subject to sub-clause (5), the Chairperson shall return any device that has been

produced to him or her pursuant to sub-clause (3) at the conclusion of the relevant Council Meeting.

(5) If the Chairperson has been unable to arrange for the matter that has been recorded on the device in contravention of sub-clause (1) to be deleted, erased or otherwise removed from the device, the device shall be returned to the person as soon as practicable after the deletion, erasure or removal has been carried out.

84. Removal from Chamber of a Councillor or Member of the Public

The Chairperson, or Council in the case of a suspension under clause 82, may ask any Authorised Officer or member of Victoria Police to remove from the meeting (including the gallery):(1) any person who the Chairperson has ordered to be removed under clause 82(3); or(2) any Councillor who has been suspended under clause 82 and who has not

immediately left the Council Meeting.

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50. Questions to Council from Members of the Public

(1) Questions to Council from members of the public will be considered as part of the order of business of an Ordinary Meeting only when submitted in the format outlined below:(a) Questions must be in writing and lodged at the office of the Chief Executive

Officer by 12 noon on the day of the next scheduled Ordinary Meeting.(b) A limit of five (5) questions per questioner applies.(c) Questions must include the name and address of the questioner and the date of

the question. Questions by facsimile or email are acceptable.(2) Within four (4) working days of receiving a complying question to Council from a

member of the public, the Chief Executive Officer will dispatch a notice to the member of the public who submitted the question, advising that the question has been received.

(3) At a meeting at which a question is to be considered:(a) The Chairperson will acknowledge that a question or questions have been

received from a (named) person and ask if that questioner is in the gallery. (b) If the questioner is present in the gallery, a summary of the subject matter of the

question(s) will be read out by the Chairperson and the questioner advised that a written reply to the question(s) will be issued within 14 days of that meeting date.

(c) If the questioner is not in the gallery, Council will respond to the question(s) in accordance with any standard correspondence to Council.

(4) The Chairperson has the discretion to allow a question to be asked and/or answered at the meeting that is in variance with the procedure in this Local Law.

(5) The Chairperson may refuse to acknowledge a question if, in the opinion of the Chairperson, the question is, or is potentially, defamatory, indecent, offensive, abusive, objectionable in language or substance, irrelevant, trivial, aimed at embarrassing a Councillor or a member of Council staff, outside Council’s powers or functions, has been asked at a previous Council Meeting and a reply issued, or relates to matters that come under section 89(2) of the Act.

(6) Any question relating to electoral matter during an Election Period will not be considered at any Council Meeting.

(7) A copy of the questions and responses will be tabled and inserted into the minutes of the following Council Meeting.

47. Open Meetings

(1) Subject to sub-clause (2), Council Meetings must be open to members of the public pursuant to section 89(1) of the Act.

(2) Council may resolve, under section 89(2) of the Act, that a meeting be closed to members of the public if Confidential Business is to be discussed.

Your cooperation is appreciated, we hope you enjoy the meeting.

Mayor and Councillors, Stonnington City Council

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Council MeetingNotice Paper

Monday 29 October 2018Order of Business and Index

a) Reading of the Reconciliation Statement and Affirmation Statementb) Introductionsc) Apologies d) Adoption and confirmation of minutes of previous meeting(s) in accordance with Section 93

of the Act and Clause 49 of General Local Law 2018 (No 1)1. MINUTES OF THE COUNCIL MEETING HELD ON 15 OCTOBER 2018..................................................

e) Disclosure by Councillors of any conflicts of interest in accordance with Section 79 of the Act1

f) Questions to Council from Members of the Public (Clause 50 of General Local Law 2018 (No 1)

g) Correspondence – (only if related to council business)h) Questions to Council Officers from Councillorsi) Tabling of Petitions and Joint Lettersj) Notices of Motion k) Reports of Special and Other Committees; - Assembly of Councillors l) Reports by Delegates m) General Business including Other General Business

1. PLANNING APPLICATIONS 657/18, 658/18, 659/18, 660/18, 661/18, 662/18, 663/18 AND 0664/18 - CHADSTONE SHOPPING CENTRE, 1341 DANDENONG ROAD, MALVERN EAST – RESTAURANT AND CAFÉ LIQUOR LICENCES .................................................................................

2. LOAN BORROWINGS 2018-19.......................................................................................................3. WINTER STREET POP-UP PARK....................................................................................................4. UNITING PRAHRAN VIC TAS: COMMUNITY GRANT 2018-2019 .......................................................5. SULAWESI TSUNAMI DISASTER RELIEF..........................................................................................6. SUSTAINABILITY SNAPSHOT 2017-18.........................................................................................

n) Urgent Businesso) Confidential Business

1. ACCESSIBLE TRAM STOPS OUTSIDE SOUTH YARRA STATION..........................................................2. PUBLIC ART COMMISSION FOR YARRA RIVER................................................................................3. PROPOSED NEW LEASE - 154 ALEXANDRA AVE SOUTH YARRA.....................................................4. POTENTIAL PROPERTY PURCHASE................................................................................................5. POTENTIAL PROPERTY PURCHASE...............................................................................................

1 Note that s.79(1)(a) of the Act requires Councillors to disclose the nature of a conflict of interest immediately before the relevant consideration or discussion.

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ADOPTION AND CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

29 OCTOBER 2018

RECOMMENDATION

That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 15 October 2018 and Minutes of the Confidential Meeting of the Stonnington City Council held on 15 October 2018 as an accurate record of the proceedings.

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m) General Business

1. PLANNING APPLICATIONS 657/18, 658/18, 659/18, 660/18, 661/18, 662/18, 663/18 AND 0664/18 - CHADSTONE SHOPPING CENTRE, 1341 DANDENONG ROAD, MALVERN EAST – RESTAURANT AND CAFÉ LIQUOR LICENCES

Manager Statutory Planning: Alexandra Kastaniotis General Manager Planning & Amenity: Stuart Draffin

PURPOSE

For Council to consider eight (8) planning permit applications for restaurant and café liquor licences associated with eight different restaurant / cafe (as of right use) tenancies in a Commercial 1 Zone at Chadstone Shopping Centre, 1341 Dandenong Road, Malvern East.

Executive Summary

Applicant: Urbis Pty LtdWard: EastZone: Commercial 1 ZoneOverlay: Incorporated Plan Overlay – Schedule 2 (Chadstone

Shopping Centre)Date lodged: 27 June 2018Statutory days: 80Trigger for referral to Council:

Application of Councillor interest

Patron Numbers: Tenancy FB180 – 71Tenancy FB181 – 60Tenancy FB182 – 60Tenancy FB183 – 42Tenancy FB184 – 129Tenancy KO124 - 24Tenancy KO125 – 24Tenancy KO126 – 57 TOTAL 467

Number of objections: None – Exempt from Public NoticeOfficer Recommendation: Issue Planning Permits

BACKGROUND

The Proposal

This report considers eight different planning permit applications for liquor licences within eight different tenancies within the Chadstone Shopping Centre. More specifically the tenancies are located within the area known as The Atrium, which was approved by way of Planning Permit 956/17. This area is currently under construction.

The plans that form part of the basis of Council's consideration were prepared by Buchan Group and are described below. The plans are stamped with Council’s received stamp dated 12 September 2018.

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Application 657/18 Tenancy FB180 ATP10020 - 10021Application 658/18 Tenancy FB181 ATP10022 - 10023Application 659/18 Tenancy FB182 ATP10024 - 10025Application 660/18 Tenancy FB183 ATP10026 - 10027Application 661/18 Tenancy FB184 ATP10028 - 10029Application 662/18 Tenancy KO124 ATP10030 - 10031Application 663/18 Tenancy KO125 ATP10032 - 10033Application 664/18 Tenancy KO126 ATP10034 – 10035

The applications were also accompanied by a Liquor Management Plan (LMP) for the whole Chadstone Shopping Centre.

The applications propose restaurant and cafe liquor licences associated with use of the land as a cafe I restaurant (as of right) in a Commercial 1 Zone.

The details of each application is summarised in the table below.

Application No. Tenancy Ref. Floor Area

Public Floor Area

Patron No.’s

Hours of Operation

Application 657/18 Tenancy FB180 165 95 71 11am to 1am

Application 658/18 Tenancy FB181 110 80 60 11am to 1am

Application 659/18 Tenancy FB182 121 80 60 11am to 1am

Application 660/18 Tenancy FB183 112 56 42 11am to 1am

Application 661/18 Tenancy FB184 257 172 129 11am to 1am

Application 662/18 Tenancy KO124 72 32 24 11am to 1am

Application 663/18 Tenancy KO125 71 32 24 11am to 1am

Application 664/18 Tenancy KO126 157 76 57 11am to 1am

The proposed combined maximum patron capacity is 467.

The applications do not propose any building works.

Site and Surrounds

Chadstone Shopping Centre is located on the north side of Dandenong Road (Princes Highway), Malvern East. It occupies an irregularly shaped lot which has a total area of approximately 27 hectares. The site is dominated by one building, positioned diagonally, which is generally surrounded by open air and multi-level car parking. An internal ring road extends around the boundary of the land, allowing for vehicles to circulate within the site, and enter and exit from the east, west and south.

Broadly, the immediate interfaces of Chadstone Shopping Centre are summarised below:

Areas immediately to the north, east and west of the Centre are primarily residential, with the exception of a medical centre on Chadstone Road and a ‘McDonalds’

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GENERAL BUSINESS29 OCTOBER 2018

restaurant located on the north-west corner of the intersection of Dandenong and Chadstone Roads.

Princes Highway is adjacent to the subject land to the south. On the opposite side of the Princes Highway is a residential areas which are part of the City of Monash.

As noted above, the subject tenancies are a part of the area of the Centre known as the Atrium. The approved Atrium is located over two levels generally to the north of the existing Myer car park on the southeast of the Centre. Each of the relevant tenancies is internal to the Chadstone Shopping Centre. They are separated from the nearby Myer car park by common back of house areas.

Previous Planning Applications

Chadstone Shopping Centre has an extensive planning history.

Most relevant to the current applications is Planning Permit 956/17 which allows the reconstruction of the area containing the subject tenancies (the Atrium). More specifically (among other things) this permit allows for modification to existing shop tenancies in the East Mall and the Atrium food court to extend the floor area and create new individual food and drink tenancies.

It is also relevant to note that various planning permits have been issued previously to allow for the service of liquor within Chadstone Shopping Centre. There are currently 35 premises with a liquor licence within the Chadstone Shopping Centre. Inclusive of the subject applications, and other developments currently underway (such as the West Piazza), the Shopping Centre will have 44 licensed premises, as follows:

Restaurant and Café Licence 23 On-Premises Licence 2 General Liquor Licence 1 Packaged Liquor Licence 4 Limited Licence 5

The Title

The site is described as Lot 1 on Title Plan 824914 (Volume 11259, Folio 101) and there are restrictions which affect the land including Covenant A718781, which relates to the purchase price of the land.

The subject applications will not breach any of the restrictions on title.

Planning Controls

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

Zone

Clause 34.01 - Commercial 1 Zone

Pursuant to Clause 34.01-1 a planning permit is not required to use the land as a cafe or restaurant.

Overlays

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Clause 43.03 - Incorporated Plan Overlay (Schedule 2)

Pursuant to Clause 43.03-1, a permit must not be granted to use or subdivide land, construct a building or construct or carry out works until an Incorporated Plan has been incorporated into the Planning Scheme.

The relevant Incorporated Plan is known as the Chadstone Shopping Centre Incorporated Plan (August 2012). The Incorporated Plan outlines a building envelope for the Centre, specifies building heights and setbacks from boundaries and includes details for the locations for allowable uses.

Pursuant to Clause 43.03 a permit granted must:

Be generally in accordance with the Incorporated Plan, unless a schedule to this overlay specifies otherwise.

Include any conditions or requirements specified in a schedule to this overlay.

The proposed licensed restaurants / cafes are within the area designated for allowable uses as shown on the approved Incorporated Plan (August 2012). Allowable uses including ‘shop’, and ‘food and drink premises’. The service of liquor is a function which is ‘part and parcel’ of a food and drink premises.

Schedule 2 to the IPO does not stipulate any specific conditions or requirements relevant to an application for a liquor licence.

It is considered that this proposal accords with the Incorporated Plan.

Particular Provisions

Clause 52.27 - Licensed Premises

Pursuant to Clause 52.27 a permit is required to use land to sell or consume liquor.

Relevant Planning Policies

Clause 11.03 Activity CentresClause 17.01 Diversified Economy – Metropolitan MelbourneClause 17.02 CommercialClause 21.03 VisionClause 21.04 Economic DevelopmentClause 22.10 Licensed Premises PolicyClause 22.11 Chadstone Commercial Centre PolicyClause 52.27 Licensed PremisesClause 65 Decision Guidelines

Advertising

The application was not advertised as it is exempt under Clause 43.03-2 of the Incorporated Plan Overlay, which states:

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An application under any provision of this scheme which is generally in accordance with the incorporated plan is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act.

As noted above, the subject applications are generally in accordance with the Incorporated Plan. The applications are therefore exempt from the usual provisions regarding notice, submission and review.

Given the subject tenancies are wholly contained within the existing shopping centre building, it is also not considered necessary to notify the adjoining properties under Clause 22.11 (Chadstone Commercial Centre Policy) of the Planning Scheme.

Referrals

Community and Health

Council’s Community and Health Planner provided extensive comments on the original application material. It was concluded that the proposition to operate each of the eight proposed venues under a restaurant and café licence is generally supported however, raised one issue.

The item raised was that originally the whole of each tenancy’s floor area was used to calculate the proposed seating area. Restaurants and cafes operate under specific licensing conditions requiring them to provide tables and chairs for at least 75% of the patrons attending at any one time. The original application material did not differentiate between ‘areas available to the public’ and ‘back of house areas’. Consequently the originally proposed patron numbers were significantly higher than now proposed (a combined total of 1417 patrons, rather than 467 patrons). Revised plans have now been submitted to rectify this issue.

Council’s Community and Health Planner also advised (in summary):

The proposed hours of operation for each of the eight restaurants are consistent with Clause 22.10-5 and appropriate for the location and are supported.

The planning permit must specify that hours of alcohol service match hours of food service to ensure that food and meals are provided at all times when alcohol is available.

The risk of adverse impacts on safety and amenity increases with later hours of opening. Applications for Temporary Limited Licenses from tenants seeking to extend trading hours to after 1am, associated with one off events such as ‘marathon’ shopping in the lead up to Christmas will not be supported.

KEY ISSUES

Chadstone Shopping Centre (the Centre) is subject to the Commercial 1 Zone (C1Z) and is an identified Principal Activity Centre. The Municipal Strategic Statement recognises the importance of licensed premises in contributing to the vibrancy and economic strength of the municipality.

Within the C1Z, a restaurant can operate on an unrestricted basis given it is a Section 1 Permit Not Required use. The consideration of this application therefore only relates to the potential impacts associated with the proposed liquor licences.

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Pursuant to Clause 22.10 (Licenced Premise Policy) it is policy that the operation of licensed premises should have no unreasonable impact on the amenity and safety of surrounding uses.

As noted already there are various liquor licences operating within the Centre. In principle, the Centre is an appropriate location to provide licensed uses, as it offers an extensive and diverse range of services to the local and wider community. Licenced uses are a secondary and relatively minor component of the Centre as a whole, which is significantly dominated by shops. For this reason, while there are eight licences being simultaneously sought, it is not considered that the introduction of these licenses will result in a saturation of venues within the Centre. Rather the introduction of Restaurant and Café Licences will complement the existing offer of services within this Principal Activity Centre.

In a scale of licensed uses, a Restaurant and Café Licence, is at the lower end of intensity given, by definition, the predominant activity carried out at all times within the tenancy must be the preparation and serving of meals for consumption on the premises. The service of liquor must be ancillary to this primary function. This requirement should be reinforced by conditions upon each permit.

The proposed liquor licences are for tenancies situated internally to the Centre, which reduces the potential for immediate off site impacts. The Centre sits directly to the north of the Princes Highway and is largely surrounded by expansive car parks. The Centre is also predominantly accessed by vehicles, and supported by public transport in the form of buses. These applications are not expected to result in anti-social behaviour within the local residential areas. The operation of the new Chadstone Hotel (currently under construction and approved by Planning Permit 905/12) is also likely to act synergistically with the licensed restaurants and will contribute to some of their demand.

These applications result from the Centre’s recent move away from typical ‘food court’ food and beverage arrangements, to more purpose built restaurant facilities. The subject tenancies are enclosed, individual tenancies, the type which are often expected to provide liquor with meals.

The subject tenancies are located within the new Atrium space, which is on the southeast side of the Centre. The subject tenancies themselves do not abut an exterior wall of the existing building. They are also located almost 200m away from the nearest residential use in Woodlands Grove and Castlebar Road. Occupants inside the tenancies themselves therefore, will not produce impacts which would have implications for the amenity of existing residents.

The context of the site contrasts with strip shopping centres or stand alone premises where there is usually a closer relationship to sensitive uses and access often relies upon patrons traversing residential streets. While some local residents are likely to utilise the licensed premises, it is likely that most patrons of the subject tenancies will park in the nearby Myer car park. Most vehicles will access the Centre via main roads, being Middle Road through to Warrigal Road, Chadstone Road and / or Dandenong Road.

The Centre has developed provisions for the management of patrons moving around the Centre in the evening along major internal walkways, dining areas, parking areas and the bus interchange. Existing security will be maintained, and will prevent access to closed areas of the Centre and also manage any on site noise or other disturbances.

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The type of liquor licence being sought assists to justify the proposal for trading until 1am. Council’s Licensed Premises Policy (Clause 22.10) discourages trading after 11:00pm adjacent to a residential zone unless the Responsible Authority is satisfied that the use will not adversely affect the amenity of the area. This clause also states that if trading after 11pm is sought it is preferred that it occur in a Principal or Major Activity Centre. The clause lends weight to the hours being sought.

It is considered that the proposed operating hours can be supported in this case given the location of the subject tenancies within the centralised and highly regulated environment of Chadstone Shopping Centre. The Centre currently manages its own security systems which endeavour to ensure the safety of customers. Based on the current security arrangements, the Centre is better placed than other typical licensed venues in the municipality to be able to effectively manage patrons and deter adverse amenity impacts.

The broader Centre has a vested interest in the safe and appropriate operation of each tenancy. This operation will also be guided through the implementation of the Chadstone Liquor Management Plan (CLMP) which was submitted to Council as part of its consideration of these applications. The CLMP includes details of Centre Security, Emergency Procedures and Transport Access, also includes a list of Expectations for Licensees. These expectations generally mirror State licencing regulation (for example regarding responsible service of alcohol) and also includes a ‘Commitment to Being a Good Neighbour’, which states that licensees will respect local amenity and reduce the risk of disruptive behaviour by patrons.

The CLMP is not just intended to manage the eight subject applications, but all existing and future liquor licences operating within the Centre. It does not therefore need to be endorsed under any of the subject planning permits but it will continue to provide a memorandum of understanding between the Centre and Council as to what obligations will be met.

The CLMP states that it is intended to be implemented through the following:

All licensed venue managers (participants) will be issued with a copy of the Liquor Management Plan. A quarterly participant meeting will be hosted by the Operations Manager – Compliance & Experience at the Chadstone Centre Management Office located on level 2 of the Central Office Tower. An invitation will be extended to the local police and City of Stonnington Ward Councillors.

Officers have asked for an amendment to the CLMP to ensure that planning officers are also invited to these meetings.

The CLMP is considered to provide a sound basis for the ongoing safe and harmonious operation of licenced premises within the Centre.

It should also be noted that that the proposed hours and patron numbers represent the maximum intensity and will not be achieved on the vast majority of evenings.

For the foregoing reasons it is not expected that the introduction of these licences will adversely affect the current levels of activity or noise omitted from the Centre as a whole.

It is noted that Council’s Community and Health Planner has suggested that ‘one off’ extensions to the operation hours will not be supported. While this position has been conveyed to the permit applicant, it is not appropriate that it form a condition of approval. It may be that future circumstances dictate that some alterations to the operation conditions mean Council can support a variation. It is only fair and appropriate that this be considered if or when any such proposition be put to the Council.

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Subject to the conditions listed above, the proposal is deemed to meet the decision guidelines set out at Clause 52.27 and the local policy objectives of the Local Planning Policy Framework, specifically the decision guidelines at Clause 22.10 (Licensed Premises Policy) and can be supported.

CONCLUSION

Having assessed the applications against the relevant planning controls, it is recommended that the proposals be supported. Subject to conditions, the proposals are deemed to meet the objectives of planning policy as it relates to licensed premises and represent an appropriate outcome for the site.

Human Rights Consideration

This application has been assessed in accordance with the requirements of the Planning and Environment Act 1987 (including the Stonnington Planning Scheme), reviewed by the State Government and which complies with the Charter of Human Rights and Responsibilities Act 2006.

ATTACHMENTS

1. Planning Applications 657/18-664/18 - Chadstone Shopping Centre Plans

RECOMMENDATION A

That a Planning Permit No: 657/18 for the land located at Chadstone Shopping Centre, Tenancy FB180, 1341 Dandenong Road, Malvern East be issued under the Stonnington Planning Scheme for a Restaurant and Cafe Liquor Licence associated with a Restaurant / Cafe (as of right use) in a Commercial 1 Zone subject to the following conditions:

1. The plans endorsed to accompany the permit must not be amended without the written consent of the Responsible Authority.

2. Without the prior written consent of the Responsible Authority, the sale and consumption of liquor shall only occur within the licensed area between the hours of:

11:00am and 1:00am Monday to Sunday

3. A maximum number of 71 patrons are to be housed within this tenancy at any one time.

4. The predominant activity carried out at all times on the licensed premises must be the preparation and serving of meals for consumption on the licensed premises to the satisfaction of the Responsible Authority.

5. Tables and chairs must be placed in position on the licensed premises so as to be available for at least 75% of the patrons attending the premises at any one time, to the satisfaction of the Responsible Authority.

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6. The emission of noise or any other emission to the environment derived from activities on the site must conform to standards contained in the appropriate State Environment Protection Policy or Policies at all times.

7. The provision of music and entertainment on the premises must be limited to background music or entertainment by performers using non-amplified instruments unless with the written consent of the Responsible Authority.

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

a) The use is not started within two years from the date of this permit.b) The use is discontinued for a period of two years or more.

In accordance with Section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing within the prescribed timeframes, where the use allowed by the permit has not yet started.

NOTES:

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

B. Background music level, in relation to premises, means a level that enables patrons to conduct a conversation at a distance of 600 millimetres without having to raise their voices to a substantial level.

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

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

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

RECOMMENDATION B

That a Planning Permit No: 658/18 for the land located at Chadstone Shopping Centre, Tenancy FB181, 1341 Dandenong Road, Malvern East be issued under the Stonnington Planning Scheme for a Restaurant and Cafe Liquor Licence associated with a Restaurant / Cafe (as of right use) in a Commercial 1 Zone subject to the following conditions:

1. The plans endorsed to accompany the permit must not be amended without the written consent of the Responsible Authority.

2. Without the prior written consent of the Responsible Authority, the sale and consumption of liquor shall only occur within the licensed area between the hours of:

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11:00am and 1:00am Monday to Sunday

3. A maximum number of 60 patrons are to be housed within this tenancy at any one time.

4. The predominant activity carried out at all times on the licensed premises must be the preparation and serving of meals for consumption on the licensed premises to the satisfaction of the Responsible Authority.

5. Tables and chairs must be placed in position on the licensed premises so as to be available for at least 75% of the patrons attending the premises at any one time, to the satisfaction of the Responsible Authority.

6. The emission of noise or any other emission to the environment derived from activities on the site must conform to standards contained in the appropriate State Environment Protection Policy or Policies at all times.

7. The provision of music and entertainment on the premises must be limited to background music or entertainment by performers using non-amplified instruments unless with the written consent of the Responsible Authority.

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

a) The use is not started within two years from the date of this permit.b) The use is discontinued for a period of two years or more.

In accordance with Section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing within the prescribed timeframes, where the use allowed by the permit has not yet started.

NOTES:

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

B. Background music level, in relation to premises, means a level that enables patrons to conduct a conversation at a distance of 600 millimetres without having to raise their voices to a substantial level.

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

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

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

RECOMMENDATION C

That a Planning Permit No: 659/18 for the land located at Chadstone Shopping Centre, Tenancy FB182, 1341 Dandenong Road, Malvern East be issued under the Stonnington Planning Scheme for a Restaurant and Cafe Liquor Licence associated

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with a Restaurant / Cafe (as of right use) in a Commercial 1 Zone subject to the following conditions:

1. The plans endorsed to accompany the permit must not be amended without the written consent of the Responsible Authority.

2. Without the prior written consent of the Responsible Authority, the sale and consumption of liquor shall only occur within the licensed area between the hours of:

11:00am and 1:00am Monday to Sunday

3. A maximum number of 60 patrons are to be housed within this tenancy at any one time.

4. The predominant activity carried out at all times on the licensed premises must be the preparation and serving of meals for consumption on the licensed premises to the satisfaction of the Responsible Authority.

5. Tables and chairs must be placed in position on the licensed premises so as to be available for at least 75% of the patrons attending the premises at any one time, to the satisfaction of the Responsible Authority.

6. The emission of noise or any other emission to the environment derived from activities on the site must conform to standards contained in the appropriate State Environment Protection Policy or Policies at all times.

7. The provision of music and entertainment on the premises must be limited to background music or entertainment by performers using non-amplified instruments unless with the written consent of the Responsible Authority.

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

a) The use is not started within two years from the date of this permit.b) The use is discontinued for a period of two years or more.

In accordance with Section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing within the prescribed timeframes, where the use allowed by the permit has not yet started.

NOTES:

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

B. Background music level, in relation to premises, means a level that enables patrons to conduct a conversation at a distance of 600 millimetres without having to raise their voices to a substantial level.

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

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

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

RECOMMENDATION D

That a Planning Permit No: 660/18 for the land located at Chadstone Shopping Centre, Tenancy FB183, 1341 Dandenong Road, Malvern East be issued under the Stonnington Planning Scheme for a Restaurant and Cafe Liquor Licence associated with a Restaurant / Cafe (as of right use) in a Commercial 1 Zone subject to the following conditions:

1. The plans endorsed to accompany the permit must not be amended without the written consent of the Responsible Authority.

2. Without the prior written consent of the Responsible Authority, the sale and consumption of liquor shall only occur within the licensed area between the hours of:

11:00am and 1:00am Monday to Sunday

3. A maximum number of 42 patrons are to be housed within this tenancy at any one time.

4. The predominant activity carried out at all times on the licensed premises must be the preparation and serving of meals for consumption on the licensed premises to the satisfaction of the Responsible Authority.

5. Tables and chairs must be placed in position on the licensed premises so as to be available for at least 75% of the patrons attending the premises at any one time, to the satisfaction of the Responsible Authority.

6. The emission of noise or any other emission to the environment derived from activities on the site must conform to standards contained in the appropriate State Environment Protection Policy or Policies at all times.

7. The provision of music and entertainment on the premises must be limited to background music or entertainment by performers using non-amplified instruments unless with the written consent of the Responsible Authority.

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

a) The use is not started within two years from the date of this permit.b) The use is discontinued for a period of two years or more.

In accordance with Section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing within the prescribed timeframes, where the use allowed by the permit has not yet started.

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NOTES:

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

B. Background music level, in relation to premises, means a level that enables patrons to conduct a conversation at a distance of 600 millimetres without having to raise their voices to a substantial level.

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

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

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

RECOMMENDATION E

That a Planning Permit No: 661/18 for the land located at Chadstone Shopping Centre, Tenancy FB184, 1341 Dandenong Road, Malvern East be issued under the Stonnington Planning Scheme for a Restaurant and Cafe Liquor Licence associated with a Restaurant / Cafe (as of right use) in a Commercial 1 Zone subject to the following conditions:

1. The plans endorsed to accompany the permit must not be amended without the written consent of the Responsible Authority.

2. Without the prior written consent of the Responsible Authority, the sale and consumption of liquor shall only occur within the licensed area between the hours of:

11:00am and 1:00am Monday to Sunday

3. A maximum number of 129 patrons are to be housed within this tenancy at any one time.

4. The predominant activity carried out at all times on the licensed premises must be the preparation and serving of meals for consumption on the licensed premises to the satisfaction of the Responsible Authority.

5. Tables and chairs must be placed in position on the licensed premises so as to be available for at least 75% of the patrons attending the premises at any one time, to the satisfaction of the Responsible Authority.

6. The emission of noise or any other emission to the environment derived from activities on the site must conform to standards contained in the appropriate State Environment Protection Policy or Policies at all times.

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7. The provision of music and entertainment on the premises must be limited to background music or entertainment by performers using non-amplified instruments unless with the written consent of the Responsible Authority.

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

a) The use is not started within two years from the date of this permit.b) The use is discontinued for a period of two years or more.

In accordance with Section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing within the prescribed timeframes, where the use allowed by the permit has not yet started.

NOTES:

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

B. Background music level, in relation to premises, means a level that enables patrons to conduct a conversation at a distance of 600 millimetres without having to raise their voices to a substantial level.

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

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

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

RECOMMENDATION F

That a Planning Permit No: 662/18 for the land located at Chadstone Shopping Centre, Tenancy KO124, 1341 Dandenong Road, Malvern East be issued under the Stonnington Planning Scheme for a Restaurant and Cafe Liquor Licence associated with a Restaurant / Cafe (as of right use) in a Commercial 1 Zone subject to the following conditions:

1. The plans endorsed to accompany the permit must not be amended without the written consent of the Responsible Authority.

2. Without the prior written consent of the Responsible Authority, the sale and consumption of liquor shall only occur within the licensed area between the hours of:

11:00am and 1:00am Monday to Sunday

3. A maximum number of 24 patrons are to be housed within this tenancy at any one time.

4. The predominant activity carried out at all times on the licensed premises

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must be the preparation and serving of meals for consumption on the licensed premises to the satisfaction of the Responsible Authority.

5. Tables and chairs must be placed in position on the licensed premises so as to be available for at least 75% of the patrons attending the premises at any one time, to the satisfaction of the Responsible Authority.

6. The emission of noise or any other emission to the environment derived from activities on the site must conform to standards contained in the appropriate State Environment Protection Policy or Policies at all times.

7. The provision of music and entertainment on the premises must be limited to background music or entertainment by performers using non-amplified instruments unless with the written consent of the Responsible Authority.

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

a) The use is not started within two years from the date of this permit.b) The use is discontinued for a period of two years or more.

In accordance with Section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing within the prescribed timeframes, where the use allowed by the permit has not yet started.

NOTES:

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

B. Background music level, in relation to premises, means a level that enables patrons to conduct a conversation at a distance of 600 millimetres without having to raise their voices to a substantial level.

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

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

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

RECOMMENDATION G

That a Planning Permit No: 663/18 for the land located at Chadstone Shopping Centre, Tenancy KO125, 1341 Dandenong Road, Malvern East be issued under the

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Stonnington Planning Scheme for a Restaurant and Cafe Liquor Licence associated with a Restaurant / Cafe (as of right use) in a Commercial 1 Zone subject to the following conditions:

1. The plans endorsed to accompany the permit must not be amended without the written consent of the Responsible Authority.

2. Without the prior written consent of the Responsible Authority, the sale and consumption of liquor shall only occur within the licensed area between the hours of:

11:00am and 1:00am Monday to Sunday

3. A maximum number of 24 patrons are to be housed within this tenancy at any one time.

4. The predominant activity carried out at all times on the licensed premises must be the preparation and serving of meals for consumption on the licensed premises to the satisfaction of the Responsible Authority.

5. Tables and chairs must be placed in position on the licensed premises so as to be available for at least 75% of the patrons attending the premises at any one time, to the satisfaction of the Responsible Authority.

6. The emission of noise or any other emission to the environment derived from activities on the site must conform to standards contained in the appropriate State Environment Protection Policy or Policies at all times.

7. The provision of music and entertainment on the premises must be limited to background music or entertainment by performers using non-amplified instruments unless with the written consent of the Responsible Authority.

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

a) The use is not started within two years from the date of this permit.b) The use is discontinued for a period of two years or more.

In accordance with Section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing within the prescribed timeframes, where the use allowed by the permit has not yet started.

NOTES:

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

B. Background music level, in relation to premises, means a level that enables patrons to conduct a conversation at a distance of 600 millimetres without having to raise their voices to a substantial level.

C. At the permit issue date, Section 69 of the Planning and Environment Act 1987

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stated that the Responsible Authority may extend the periods referred to if a request is made in writing within the following timeframes:

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

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

RECOMMENDATION H

That a Planning Permit No: 664/18 for the land located at Chadstone Shopping Centre, Tenancy KO126, 1341 Dandenong Road, Malvern East be issued under the Stonnington Planning Scheme for a Restaurant and Cafe Liquor Licence associated with a Restaurant / Cafe (as of right use) in a Commercial 1 Zone subject to the following conditions:

1. The plans endorsed to accompany the permit must not be amended without the written consent of the Responsible Authority.

2. Without the prior written consent of the Responsible Authority, the sale and consumption of liquor shall only occur within the licensed area between the hours of:

11:00am and 1:00am Monday to Sunday

3. A maximum number of 57 patrons are to be housed within this tenancy at any one time.

4. The predominant activity carried out at all times on the licensed premises must be the preparation and serving of meals for consumption on the licensed premises to the satisfaction of the Responsible Authority.

5. Tables and chairs must be placed in position on the licensed premises so as to be available for at least 75% of the patrons attending the premises at any one time, to the satisfaction of the Responsible Authority.

6. The emission of noise or any other emission to the environment derived from activities on the site must conform to standards contained in the appropriate State Environment Protection Policy or Policies at all times.

7. The provision of music and entertainment on the premises must be limited to background music or entertainment by performers using non-amplified instruments unless with the written consent of the Responsible Authority.

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

a) The use is not started within two years from the date of this permit.b) The use is discontinued for a period of two years or more.

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In accordance with Section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing within the prescribed timeframes, where the use allowed by the permit has not yet started.

NOTES:

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

B. Background music level, in relation to premises, means a level that enables patrons to conduct a conversation at a distance of 600 millimetres without having to raise their voices to a substantial level.

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

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

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

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2. LOAN BORROWINGS 2018-19

Manager Finance: Jon Gorst General Manager Corporate Services: Geoff Cockram

PURPOSE

The 2018/19 adopted budget includes $20.0 million of new borrowings to assist in funding the $92.0 million 2018/19 capital works program. The purpose of this report is to recommend that Council exercise its powers to borrow the $20.0 million by way of a tender process.

This report also recommends that Council authorise the Chief Executive Officer to sign and seal documents giving effect to the acceptance of the preferred tenderer for the loan borrowings (Contract T19002), depending on the most favourable financial outcome for Council.

BACKGROUND

Council’s 2018/19 Budget was formulated on the basis of conducting a public tender process to raise a total of $20.0 million of new loan borrowings to assist in funding the 2018/19 capital works program.

Following the tender process, it is proposed to draw down the $20.0 million loan proceeds on Monday 10 December 2018.

DISCUSSION

Council will conduct a tender process in November and December 2018 with tenders closing on Monday 3 December 2018. Council will seek tenders for the option of accepting either:

• A variable interest only loan for a 364 day term with the option to roll over / extend. This is similar to the current borrowing arrangements Council has in place. Such a facility would enable Council to make any repayments at any roll over period. This type of loan gives Council flexibility in terms of loan repayments with no additional costs incurred if repayments are made during a roll over period. Currently interest rates for this type of arrangement are very favourable. The risk to Council is if interest rates rise significantly, however, Council would again have an opportunity to consider other borrowing options at that point; or

• A principal and fixed interest loan for a period of up to ten years with quarterly repayments. A fixed interest rate loan would provide Council with long term certainty on the interest rate, however, if Council sought to terminate the loan early, Council could incur significant break costs.

It is proposed that the two types of borrowings are considered, with the preferred option being the one that is most favourable to Council based on the lowest tendered interest rate and preferred terms and conditions.

Tenders are to be submitted to Stonnington City Council by 12 noon on Monday 3 December 2018 and subsequent drawdown of loan proceeds is to take place on Monday 10 December 2018.

FINANCIAL AND RESOURCES IMPLICATIONS

Council currently has loan borrowings of $7.5 million. The 2018/19 adopted budget was formulated on new borrowings of $20.0 million. Council’s total loan borrowings are projected to be $26.0 million at the end of the 2018/19 financial year with budgeted loan repayments of $1.50 million to be made during the year.

LEGAL ADVICE & IMPLICATIONS

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Sections 144 and 145 of the Local Government Act 1989 give Council the power to borrow.

CONCLUSION

It is proposed that the preferred tender will be one that provides the lowest tendered interest rate and preferred terms and conditions. The recommendation gives Council the flexibility to assess the best option available to Council at the tender closing date of 3 December 2018.

HUMAN RIGHTS CONSIDERATION

This recommendation complies with the Charter of Human Rights and Responsibilities Act 2006.

RECOMMENDATIONThat Council:1. Exercise its powers to borrow a total of $20.0 million by accepting a preferred

tender for Contract No. T19002, which provides the lowest tendered interest rate and preferred terms and conditions; and

2. Further to ‘1’ above, authorise the Chief Executive Officer to sign and seal documents giving effect to the acceptance of a preferred tender for Contract No. T19002.

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3. WINTER STREET POP-UP PARK

General Manager Corporate Services: Geoff Cockram Chief Executive Officer: Warren Roberts

PURPOSE

To consider the naming of the ‘pop-up’ park at 3 Winter Street Malvern.

DISCUSSION

At the Council Meeting on 1 October 2018 Cr. Sehr tabled an email from a resident proposing that the pop-up park in Winter Street, Malvern, opposite the Coles carpark be named after Claude Ullin.

The long term use of this area is still to be determined hence its current status as a ‘pop-up’ park.

As its long term use is not yet decided Officers consider it would be inappropriate, at this time, to name it.

Additionally, as Councillors would recall, a previous decision was made on 18 September 2017, to name the refurbished Prahran Library The Claude Ullin Library in recognition of his contribution to the City of Stonnington.

HUMAN RIGHTS CONSIDERATION

This recommendation complies with the Charter of Human Rights and Responsibilities Act 2006.

RECOMMENDATIONThat Council:1) receives the report on the 3 Winter Street Pop-up Park; and 2) the email author be advised that as the long term use of the property is still to

be determined it would be inappropriate to name it at this time.

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4. UNITING PRAHRAN VIC TAS: COMMUNITY GRANT 2018-2019

Civic Support Officer: Judy Hogan Manager Governance & Corporate Support: Fabienne ThewlisGeneral Manager Corporate Services: Geoff Cockram

PURPOSE

The purpose of this report is to consider a late cash community grant application for $1,000 from Uniting Prahran Vic Tas. The group is a not for profit based within Stonnington.

BACKGROUND

The Executive Officer from Uniting Prahran Vic Tas has written to Council requesting an additional $1,000 for entertainment for the Stonnington Community Christmas Day Luncheon.

Uniting Prahran Vic Tas applied for and were granted a community grant for the 2018/2019 financial year for $33,000 (GST inclusive) for the Stonnington Community Christmas Day Luncheon. Council approved a grant for a three year period. In 2017 Prahran Vic Tas was granted $31,500 (gst exclusive) for this event.

Uniting Prahran Vic Tas note in support of their request” Thank you to the City of Stonnington for the approval of our grant application to hold the annual Stonnington Community Christmas Day Lunch again for 2018 at Malvern Town Hall. As you recall from last year’s event over 350 people were surprised and delighted by the day’s proceedings and the contribution of over 80 volunteers to bring a sense of Christmas cheer to the lives of vulnerable people and their families within our community on Christmas day.

For this year’s event we applied for additional funding $36,000 to meet the increase in costs incurred in bringing the event together and to make the day even more enjoyable than last years. Unfortunately we received $30,000 which is significantly less than what we received in 2017 ($34,000).

The majority of this reduction will be absorbed by seeking additional support from in kind donors such as portable fridge equipment hire and donated items/services such as gift bags, sparkling wine and apron dry cleaning. We are still finding it difficult to bring the budget to balance and are seeking a review of the grant amount. The shortfall is $1,100 (excl gst) which is for entertainment on the day.

We are confident that our revised budget which includes a trimming of expenses and an increased expectation based on in kind donors will still uphold the ethos of bringing surprise and delight to our community.”

POLICY IMPLICATIONS

The grant application period is in March to April each year with grants then processed and submitted for consideration in July for the financial year. This application is outside the grant period and a Council decision to accept or refuse this funding request is required.

The Community Grant Guidelines state that funding priorities are for events that:

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…. are targeted towards a demonstrated high need area with a clear benefit to the Stonnington community;

generally take place within the City of Stonnington, or subject to conditions for cross-border services that are provided to the Stonnington community…..

projects that encourage participation by young people, older people, people with disabilities and people from CALD backgrounds that minimise social isolation and build community connectedness.

This application is outside the grant period and a Council decision to accept or refuse this funding request is required. Council must further consider if this application is ineligible under the Guidelines which state: “Ineligibility also includes applications seeking funding for:- subsequent applications for funding in any one year.”

FINANCIAL AND RESOURCES IMPLICATIONS

The budget for community grants for 2018/2019 has not been fully expended with a balance in the Cash Grants of $30,079.

CONCLUSION

This current application is outside the community grants period for 2018/19 and as such, Officers can only recommend refusal of this request. The group will submit a late application via the Smarty Grants on line system.

HUMAN RIGHTS CONSIDERATION

These documents have been assessed for compliance with the Charter of Human Rights and Responsibilities Act 2006 and it is considered that they meet the requirements of the Charter having considered the equity of the recommendation for refusal given it is outside the grant period.

RECOMMENDATIONThat Council refuse a cash expenditure of $1,000 (GST excluded) to Uniting Prahran Vic Tas as additional funding for the Stonnington Community Christmas Day Luncheon through the community Grants budget for this financial year.

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5. SULAWESI TSUNAMI DISASTER RELIEF

Community & Health Planner: Karyn Knight Manager Advocacy, Performance and Customer Service: Tracey LimpensChief Executive Officer: Warren Roberts

PURPOSE

This report has been prepared at the request of Councillor Koce at a meeting of Council (1 October 2018) proposing that Council donates to the victims of the recent Sulawesi tsunami in accordance with Council’s Disaster Relief and Donations Policy.

BACKGROUND

In 2010, Council adopted a Disaster Relief and Donations Policy to provide guidance about the amount and destination of donations in times of disaster.

Over the past ten years, Council has contributed financial support to assist the victims of natural disasters both locally and internationally. Council has provided the following donations: In 2004, Council donated $10,000 in response to the Asian tsunami, which killed

230,000 people in over 12 countries. The donations were paid to Oxfam Community Aid Abroad and World Vision.

In September 2007, Council donated $5,000 to the victims of the Greek bushfire.

In May 2008, Council contributed $5,000 to victims of the Burma cyclone.

In 2009, Council donated $50,000 towards Victorian bushfire relief.

In 2010, Council donated a total of $15,000 to victims of the Indonesian earthquake, the Pacific tsunami and Typhoon Katsana.

In 2011, Council donated $5,000 to the victims of the Queensland floods, $15,000 to the victims of the Victorian floods, $15,000 to the victims of the Japanese tsunami and earthquake and $15,000 to the victims of the New Zealand earthquake.

In 2013, Council donated $15,000 to the victims of Typhoon Haiyan in the Phillipines.

In 2015, Council donated $5,000 to the victims of Cyclone Pam in Vanuatu.

DISCUSSION

This report has been prepared at the request of Councillor Koce at a meeting of Council (1 October 2018).

A 7.5 magnitude earthquake hit the Indonesian Island of Sulawesi on Friday 28 September 2018, triggering a strong tsunami and causing widespread devastation to the Palu, Donggala and Mamuju areas in Central Sulawesi Province.

As of Monday 8 October, the death toll from the earthquake and tsunami that struck Sulawesi Island had risen to 1,763 with a further 2,549 injured and 5,000+ still missing. More than 70,000 houses are reported to be damaged, with nearly 17,000 people in Paula displaced, living in shelters and tents. Over 70,000 people have been evacuated. Food, water and medical supplies are urgently needed.

Damage and casualties reported to date include: Roads and bridges in the province have been severely affected.

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Electricity poles are damaged and communications networks have been disrupted making rescue and aid operations difficult.

Parts of Central Sulawesi have been hit by major mudflows following the earthquake submerging buildings and causing hundreds of deaths with many more missing.

Palu’s Mutiara SIS Al-Jufrie Airport was forced to close as large cracks, one of which was 500 meters long, had formed on the runway. The navigation system was damaged and the control tower of the airport collapsed. The airport was reopened for limited operation on 29 September 2018. Hundreds of passengers were stranded at the airport. Normal operation returned on service on 30 September.

Major damage to ports in Palu Local hospitals were damaged, with the Director of the Palu Undata Hospital opting to

treat victims outside of the hospital. Prisons in Palu and Donggala have suffered severe damage with many inmates fleeing

in panic or escaping. Around 2.4 million people are affected by the earthquake and tsunami.

DISASTER RELIEF AND DONATIONS POLICY Council adopted a Disaster Relief and Donations Policy that aims to ensure that donations meet the needs of those affected by disaster in the most timely, effective and efficient way, as well as being transparent and accountable.

The Policy provides a set of criteria to determine eligibility for disaster relief donations and applies to all Council donations for disaster relief in respect of disasters affecting countries, regions or community groups and excludes events covered by Stonnington’s Municipal Emergency Management Plan.

Eligibility for donations according to the Policy is summarised below.

Donation Recipients

The Policy states that donations can be made to aid agencies accredited by AusAID, or an equivalent accrediting agency. Donations will not be made to individuals.

Should Council resolve to donate to the Sulawesi disaster, Red Cross is the recommended accredited aid agency (see https://www.redcross.org.au/earthquake). The donation to Red Cross will help provide humanitarian support to people and communities affected by the Indonesian earthquakes and tsunami. Red Cross support may include emergency relief and recovery assistance such as food, water, sanitation, shelter and health initiatives including blood.

Timeliness of Aid

During or immediately after a disaster, when lives and livelihoods are in danger, the speed of aid delivery is vital. The Policy recommends that donations should be made within the first two weeks of a disaster.

Criteria for Donation

To qualify for a donation, an event must be one that is so catastrophic that it overwhelms the normal social and material support systems of those affected.

Disasters affecting Metropolitan Melbourne or Victoria should always take priority. For national disasters, priority may be given to areas where there is a pre-existing relationship (for example sister cities in other states). For international disasters, it is recommended that Stonnington focus on the Asia Pacific region.

FINANCIAL IMPLICATIONS

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The Policy recommends that $5,000 is an appropriate amount for a donation to any single event in any one year; however the actual amount is to be decided by Council, on each occasion.

POLICY IMPLICATIONS

Should Council resolve make a donation to Red Cross to provide humanitarian support to the victims of the Sulawesi tsunami and earthquake, the decision will be consistent with Council’s Disaster Relief and Donations Policy.

CONCLUSION

Stonnington has previously donated to the victims of natural disasters in the past and the Sulawesi tsunami meets the criteria of Council’s Disaster Relief and Donations Policy.

Residents of the Palu, Donggala and Mamuju areas in Central Sulawesi Province have been significantly affected by the earthquake and tsunami and require assistance to support basic needs such as food, water, shelter and medical supplies.

Should Council resolve to donate to the Sulawesi disaster, Red Cross is the recommended accredited aid agency. The $5,000 donation to Red Cross will help provide humanitarian support to people and communities affected by the Indonesian earthquakes and tsunami. That support may include emergency relief and recovery assistance such as food, water, sanitation, shelter and health initiatives including blood.

HUMAN RIGHTS CONSIDERATION

This recommendation complies with the Charter of Human Rights and Responsibilities Act 2006.

RECOMMENDATIONThat Council notes the report.

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6. SUSTAINABILITY SNAPSHOT 2017-18

Coordinator Sustainable Environment: Jane Spence Manager Parks & Environment : Simon HollowayActing GM, Assets & Services: Noel Kiernan

PURPOSE

This seek Council endorsement of the Sustainability Snapshot 2017-18, an annual report informing Council of progress made towards achieving the goals of its Sustainable Environment Strategy.

BACKGROUND

The Sustainable Environment Strategy 2018-23 plays an integral role in fulfilling Council’s broad environmental objectives (outlined in the Council Plan 2017-21) with a focus on improving resource efficiency and leading and supporting sustainable practices within the community.

The outcomes of the strategy will be achieved through five priority areas:1. Climate change and energy2. Resources and waste management3. Integrated water management4. Urban environment5. Education, engagement and collaboration

The annual Sustainability Snapshot has been developed as the primary method for reporting Council’s environmental achievements each year. Council’s progress against each priority area of the Sustainable Environment Strategy is reported in the Sustainability Snapshot. The snapshot report summarises key achievements of Council and the Stonnington community over the past 12 months and outlines the focus for the year ahead.

DISCUSSION

Council has continued to improve its corporate environmental performance and expand community programs to achieve significant environmental outcomes in 2017-18. The following overview presents some of Council’s most significant achievements over the past year.

Climate change and energy

Council’s ongoing investment in energy efficiency across its buildings and facilities through the Energy Efficiency Implementation Program has enabled Council to reduce its energy use while providing expanded services to meet community needs.

A key achievement this year has included the installation of over 80kW of solar on Como Park Pavilion, Chapel Off Chapel, the Stonnington Dog Pound, Malvern Tennis Centre and Orrong Romanis Recreation Centre. This brings the number of Council sites with solar installations to 17 with a total generation capacity of 406kW.

Additional measures undertaken by Council to reduce energy consumption in 2017-18 included LED lighting upgrades at the following sites:

o Macfarlan Carpark

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o McArthur Maternal and Child Health Centreo Central Park Maternal and Child Health Centreo Grosvenor Street Childcare Centreo Armadale Early Learning Centreo Wattletree Early Learning Centreo Malvern Memorial Childcare Centreo Central Park Childcare Centreo Chapel Off Chapel (theatre lighting)

Overall, these initiatives have contributed to a decrease in Council’s greenhouse gas emissions. By the end of 2017-18, Council had reduced its greenhouse gas emissions by 24 per cent since 2005.

Emissions continued to decrease in 2017-18 as a result of Council’s ongoing investment in energy efficiency measures through the Energy Efficiency Implementation Plan and the changed use of some buildings, for example Prahran Town Hall.

Due to continued investment in energy efficiency, including a bulk upgrade of street lights, it is anticipated that Council will meet its 2020 target of a 30 per cent reduction in greenhouse gas emissions below 2005 levels.

As part of the review and update of the Sustainable Environment Strategy, new emission reduction targets have been developed including a target to reduce emissions by 60 per cent by 2030 and an interim target of 35% below 2005 levels by 2022.

In addition to reducing its own energy consumption in 2017-18, Council continued to support Stonnington residents to reduce their home energy use through a range of environmental education and outreach programs. Programs included Making Solar Simple, which helps residents access tailored information on solar for their property, and Solar Savers, a program to facilitate the installation of solar PV systems by low income and vulnerable households in Stonnington.

Resources and waste management

Waste minimisation across the City of Stonnington continues to present a significant challenge, in light of China’s National Sword Policy, a growing population and increasing media and community focus.

In 2017-18, the total amount of household waste generated fell slightly compared to the previous year. At the same time, waste diverted from landfill for recycling also declined slightly. This can partly be attributed to a reduction in the amount of print media and the replacement of glass with plastic for some containers. These trends are consistent with metropolitan Melbourne.

Measures undertaken by Council to reduce waste include the continued expansion of its Public Place Recycling program across the city’s shopping areas, an online application system for Owners Corporations to subscribe to Council’s garden waste service on behalf of apartment buildings and the continued delivery of community initiatives including the autumn and spring hard waste collection services. Council’s annual hard waste services recycled 70 tonnes of garden waste, 73 tonnes of scrap metal, 21 tonnes of electronic waste and 3,496 mattresses in 2017-18.

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Council also completed phase two of the Apartment Composting Program which has supported the establishment of communal worm farms in six apartment buildings, resulting in an average of 14 per cent less food waste being sent to landfill at these sites. As a result of the initial trial and phase two of the program, Council will now provide an ongoing Apartment Composting Program for apartment buildings in Stonnington.

Engaging the community around waste issues has been another focus of Council over the past year. A number of community events have been held to engage and educate the community including the Great Summer Clothes Swap and a film screening of the ‘Clean Bin Project’, which was held in partnership with Zero Waste Victoria and the Environmental Film Festival.

Council has continued to close the loop by purchasing materials and services with minimal environmental impact. This includes materials with recycled content such as a surface material made out of recycled PVC and rubber at Waverley Playground and recycled plastic furniture in parks and gardens.

Integrated Water Management

The City of Stonnington continues to investigate opportunities to conserve water and improve the quality of local waterways.

Council’s corporate water consumption increased in 2017-18, in part due to low rainfall and warm weather, resulting in increased watering to maintain sports ground playing surfaces and ensure the health of vegetation. Water use also increased due to a number of undetected water leaks in Council buildings and facilities. To identify and repair future leaks, as well as track water loss, Council plans to investigate opportunities to improve water monitoring across its buildings and facilities in 2018-19.

Initiatives to improve stormwater quality included continuing to ensure Council's water sensitive urban design assets (rain gardens, tree pits and wetlands) are treating stormwater to best practice and a road reconstruction project incorporating structural soils with permeable asphalt. This project both supports tree growth and improves stormwater quality.

Council also continued to plant drought-tolerant species in parks and gardens and urban projects to reduce water use.

Urban environment

Despite being a highly urbanised municipality, important areas of native flora and fauna exist within the municipality and Council has concentrated investment at a number of these key biodiversity sites.

In 2017-18, Council started work on Stages 6 of the Yarra River Biodiversity Project. The works to be completed revegetation and the reconstruction and widening of the shared path west of Grange Road.

Council continued to protect and enhance biodiversity, and improve urban liveability, by creating 2,800m2 of new public open space across Stonnington. Council also planted 42,260 plants and trees throughout the municipality, reducing air pollution, preventing water run-off and helping cool surrounding areas.

There has been a continued focus on biodiversity education within the community, including the delivery of biodiversity incursions and excursions for early learning centres and primary schools and biodiversity tours and workshops for the community. National Tree Day was

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again celebrated in 2017-18 with tree planting events for schools, Council staff and the community.

Education, engagement and collaboration

Council provides a range of events and initiatives to support and inspire residents to learn more about the environment and explore ways to contribute to a more sustainable community.

In 2017-18, Council delivered 10 engaging and interactive environmental events, workshops and tours to 891 people. Increasing community interest and a range of new events in 2017-18, including a clothes swap and film screening, resulted in a significant increase in engagement on the previous year in which 13 environmental events involved 447 attendees.

Council also facilitated its annual Green Schools Program which supports schools and early learning centres to implement sustainability initiatives. In total, 46 schools and early learning centres participated in 120 environmental sessions. The Student Leadership Conference saw 116 primary students from nine Stonnington schools come together to develop leadership skills and plan for the future through project-based activities. Council’s Green Schools Program also had greater involvement in 2017-18 compared to 2016-17 in which 80 sessions were delivered to 35 schools and early learning centres.

POLICY IMPLICATIONS

The Sustainability Snapshot 2017-18 reports progress towards achieving the goals of Sustainable Environment Strategy 2018-2023 which supports the key strategic objectives and strategies outlined in the Council Plan 2017-21.

FINANCIAL AND RESOURCES IMPLICATIONS

Implementation of the Sustainable Environment Strategy 2018-2023 and development of the annual Sustainability Snapshot is undertaken using existing resources.

CONCLUSION

Council and the community have continued to make significant progress towards improving the local environment and its impact on the health and sustainability of the city.

Achievements to date will be promoted through the release of the Sustainability Snapshot 2017-18 which reports progress against the goals of the Sustainable Environment Strategy 2018-23.

HUMAN RIGHTS CONSIDERATIONThis recommendation complies with the Charter of Human Rights and Responsibilities Act 2006.

ATTACHMENTS

1. Sustainability Snapshot 2017-2018 Attachment 1 of 1 Excluded

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RECOMMENDATIONThat Council1. Note the ongoing progress towards achieving the goals of the Sustainable

Environment Strategy 2018-23.2. Release the Sustainability Snapshot 2017-18 as a public document.

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CONFIDENTIAL BUSINESS29 OCTOBER 2018

o) Confidential

1. ACCESSIBLE TRAM STOPS OUTSIDE SOUTH YARRA STATION

Manager City Strategy: Susan PriceConfidential report circulated separately.

2. PUBLIC ART COMMISSION FOR YARRA RIVER

Coordinator Economic Development, Arts & Tourism: Andrew CarcelliConfidential report circulated separately.

3. PROPOSED NEW LEASE - 154 ALEXANDRA AVE SOUTH YARRA

Property Coordinator: Peter AngwinConfidential report circulated separately.

4. POTENTIAL PROPERTY PURCHASE

Property Coordinator: Peter AngwinConfidential report circulated separately.

5. POTENTIAL PROPERTY PURCHASE

Property Coordinator: Peter AngwinConfidential report circulated separately.

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