city of kingston ordinary council meeting agenda 28 june 2010 · organisational development &...

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City of Kingston Ordinary Council Meeting Agenda 28 June 2010 An Ordinary Meeting of Kingston City Council was held at 7.00pm at the Cheltenham Office, 1230 Nepean Highway, Cheltenham, on Monday 28 June 2010. 1. Apologies 2. Confirmation of Minutes of Previous Meetings Minutes of Ordinary Council Meeting 24 May 2010. 3. Foreshadowed Declaration by Councillors or Officers of any Conflict of Interest [Note that any Conflicts of Interest need to be formally declared at the start of the meeting and immediately prior to the item being considered – type and nature of interest is required to be disclosed – if disclosed in writing to the CEO prior to the meeting only the type of interest needs to be disclosed prior to the item being considered.] 4. Petitions Cr Staikos will table a petition from the residents of Patterson Lakes calling on Kingston Council to either redirect to Melbourne Water the windfall gain that they receive in rates from residents or reduce the rate collected by the amount directly attributable to the increased value of your property because of the amenity of the waterway. 5. Presentation of Awards 6. Reports from Village Committees 7. Reports from Delegates Appointed by Council to Various Organisations 8. Question Time 9. Environmental Sustainability Reports M 103 Town Planning Application Decisions – May Page 5 M 104 KP 20/10 – Rear of 278-281 Nepean Highway, Edithvale Page 11 M 105 KP 725/09 – 142 – 143 Nepean Highway, Aspendale Page 25 M 106 KP 605/09 – 290 Como Parade West, Parkdale Page 54 M 107 KP 752/09 – 26-40 Jean Street, Cheltenham Page 71 M 108 KP 512/09 – 836-854 Springvale Road, Braeside Page 104 M 109 Planning Scheme Amendment C109 (44 First Avenue, Chelsea Heights Page 112 M 110 Amendment C110 – Rezone land at 642-660 Springvale Road and 369-385 Spring Road, Dingley Village to Green Wedge Zone 2 Page 122 M 111 Contract Report: CON 10/8 – Concrete Paving and Kerb & Channel Page 126 M 112 Contract No 10/40 – Devon Street, Cheltenham Road Reconstruction Page 129 M 113 Contract No 06/89 – Proposed Extension of Open Space Mowing Service Page 131 M 114 SEITG – Transport Strategy Page 134 M 115 Food Sample Analysis Page 137 10. Community Sustainability Reports M 116 Patterson River Secondary College – Multi-purpose Sports Facility Page 154 M 117 Carrum Roy Dore Reserve Park Refurbishment Plan Page 158 11. Organisational Development & Governance Reports M 118 Expenditure of Ward Funds Schedule Page 162 M 119 Delegations – Food Act 1984 Page 166 M 120 Council Plan 2010/11 Update Page 170 M 121 Endorsement of Local Government Womens Charter and Nomination Of Charter Champion Page 172

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Page 1: City of Kingston Ordinary Council Meeting Agenda 28 June 2010 · Organisational Development & Governance Reports . M 118 Expenditure of Ward Funds Schedule Page 162 . M 119 Delegations

City of Kingston Ordinary Council Meeting

Agenda 28 June 2010

An Ordinary Meeting of Kingston City Council was held at 7.00pm at the Cheltenham Office, 1230 Nepean Highway, Cheltenham, on Monday 28 June 2010. 1. Apologies 2. Confirmation of Minutes of Previous Meetings

Minutes of Ordinary Council Meeting 24 May 2010. 3. Foreshadowed Declaration by Councillors or Officers of any Conflict of Interest

[Note that any Conflicts of Interest need to be formally declared at the start of the meeting and immediately prior to the item being considered – type and nature of interest is required to be disclosed – if disclosed in writing to the CEO prior to the meeting only the type of interest needs to be disclosed prior to the item being considered.]

4. Petitions

Cr Staikos will table a petition from the residents of Patterson Lakes calling on Kingston Council to either redirect to Melbourne Water the windfall gain that they receive in rates from residents or reduce the rate collected by the amount directly attributable to the increased value of your property because of the amenity of the waterway.

5. Presentation of Awards

6. Reports from Village Committees 7. Reports from Delegates Appointed by Council to Various Organisations

8. Question Time 9. Environmental Sustainability Reports M 103 Town Planning Application Decisions – May Page 5 M 104 KP 20/10 – Rear of 278-281 Nepean Highway, Edithvale Page 11 M 105 KP 725/09 – 142 – 143 Nepean Highway, Aspendale Page 25 M 106 KP 605/09 – 290 Como Parade West, Parkdale Page 54 M 107 KP 752/09 – 26-40 Jean Street, Cheltenham Page 71 M 108 KP 512/09 – 836-854 Springvale Road, Braeside Page 104 M 109 Planning Scheme Amendment C109 (44 First Avenue, Chelsea Heights Page 112 M 110 Amendment C110 – Rezone land at 642-660 Springvale Road and

369-385 Spring Road, Dingley Village to Green Wedge Zone 2 Page 122 M 111 Contract Report: CON 10/8 – Concrete Paving and Kerb & Channel Page 126 M 112 Contract No 10/40 – Devon Street, Cheltenham Road Reconstruction Page 129 M 113 Contract No 06/89 – Proposed Extension of Open Space Mowing Service Page 131 M 114 SEITG – Transport Strategy Page 134 M 115 Food Sample Analysis Page 137 10. Community Sustainability Reports M 116 Patterson River Secondary College – Multi-purpose Sports Facility Page 154 M 117 Carrum Roy Dore Reserve Park Refurbishment Plan Page 158 11. Organisational Development & Governance Reports M 118 Expenditure of Ward Funds Schedule Page 162 M 119 Delegations – Food Act 1984 Page 166 M 120 Council Plan 2010/11 Update Page 170 M 121 Endorsement of Local Government Womens Charter and Nomination Of Charter Champion Page 172

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12. Notices of Motion 13. Urgent Business 14. Items in Camera M 122 Lease of Vacant Room Adjoining Parkdale Kiosk Page 174 M 123 Chiquita Park Prosecution Status Page 176

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Minutes of the Ordinary Meeting of the Kingston City Council held at the Cheltenham Office at 1230 Nepean Highway, Cheltenham, on Monday 28 June 2010 at 7:00 pm Present: Cr Steve Staikos (Mayor) Cr Donna Bauer (Deputy Mayor) Cr Arthur Athanasopoulos Cr Ron Brownlees Cr Lewis Dundas Cr Paul Peulich Cr Trevor Shewan Cr Rosemary West OAM In Attendance: John Nevins – Chief Executive Officer

Rob Crispin – A/General Manager Community Sustainability Paul Franklin – General Manager Corporate Services Tony Rijs – General Manager Environmental Sustainability Elaine Sowerby – General Manager Organisational Development and Governance Ian Nice – Manager Planning Jason Stubbs – Manager Governance and Performance Planning

1. Apologies Cr John Ronke Crs Brownlees/West That the apology from Cr Ronke be noted and leave of absence granted.

Carried 2. Confirmation of Minutes of Previous Meetings Crs Brownlees/Peulich That the minutes of the Ordinary Council Meeting 22 March 2010 be confirmed.

Carried 3. Declaration by Councillors or Officers of any Conflict of Interest Cr Dundas disclosed a Conflict of interest in relation to agenda item M123 Cr Athanasopoulos disclosed a Conflict of Interest in relation to agenda item M109 Cr Bauer disclosed a Conflict of Interest in relation to agenda item M116 Tony Rijs disclosed a Conflict of Interest in relation to agenda item M.105

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4. Petitions Cr Staikos tabled a petition calling for Council to: “redirect to Melbourne Water the windfall gain that they receive in rates from residents

or reduce the rate collected by the amount directly attributable to the increased value of property because of the amenity of the waterway.”

Crs Staikos/Athanasopoulos That the petition be received and referred to the Chief Executive Officer.

Carried 5. Presentation of Awards A Certificate of Appreciation was presented by the Mayor Cr Steve Staikos, on behalf of the Councillors and citizens of the city of Kingston to Lachlan Bourne, Junior Mayor for 2009/10 and a bouquet of flowers were presented to his mother Sharon in appreciation of the commitment made by Lachlan’s family in supporting him as Junior Mayor. The Mayor provided an overview of the Junior Mayor program which is an integral part of the Kingston Youth Festival and provided a chance for young people to take an active role in their community. More importantly, it allows our young people, both as individuals and as representatives of their school, to think and talk about the issues that affect their lives. The Mayor advised that: In 2009, Lachlan Bourne from Edithvale Primary School was elected Junior Mayor for 2009/2010. I understand that Lachlan enjoyed his year as the Junior Mayor and the numerous opportunities it presented for community involvement. Lachlan attended several citizenship ceremonies, and was involved in numerous other activities including at our wonderful Festivals and events. Lachlan acquitted himself extremely well over the year and represented not only himself, but his family and school, in an exemplary manner. On a personal note I would like to say that Lachlan is a highly intelligent and confident young man with an engaging personality who displays obvious community leadership qualities, and, as such I expect to hear more about Lachlan’s successes into the future. A Gift in token of Appreciation was presented by the Mayor to Ebony Let the newly elected Junior Mayor for 2010/2011. The Mayor advised: I would like to take this opportunity to formally congratulate Ebony Let, a grade six student at the Kingswood Primary School, who was elected from 22 nominees from local primary schools throughout the City of Kingston. During Ebony’s presentation as part of the election process, Ebony expressed her desire to focus on the values developed by the Kingswood Primary School to assist children with disabilities in the hope of establishing a kids foundation. Ebony participates in a range of cultural and sporting activities including dance, piano and netball as well as being an avid reader. I wish Ebony all the best for her year in office and look forward to her involvement in many community events in the year to come.

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6. Reports from Village Committees PRESENTATION OF VILLAGE COMMITTEE REPORTS

6(a) Cheltenham Village Committee

Chairperson - Joe Astbury Report of Meeting held on 1 June 2010

Highlight: Presentation by Cheltenham Community Centre

6(b) Mordialloc Village Committee Chairperson - Allan Locke

Report of Meeting held on 1 June 2010 Highlight: The proposed meeting with VicRoads, Village Committee Members and

Council to discuss various issues.

6(c) Mentone/Parkdale Village Committee Chairperson – Claire Houston

Report of Meeting held on 1 June 2010 Street Tree Pruning.

Village Committee Motion: The committee recommends that Council plant lower growing trees under powerlines and higher species on the opposite side, thus minimising pruning requirements. Officer Comment The City of Kingston has a Street Tree Management Plan in place which identifies every street within the municipality. It outlines street tree planting opportunities and recommends suitable tree species and appropriate planting styles. The aim of street tree planting within residential streets is to plant trees at regular intervals and at a density that will provide a sense of continuity and scale to the streetscape. A number of different styles of street tree planting are utilised throughout the municipality. These include formal avenue planting, indigenous group planting and power line planting. The ultimate style is dependent on existing street features, character, street type, dominant land use and planting space. The avenue effect of uniform species is the preferred planting style within the City where appropriate. Reducing the requirement to maintain trees under high voltage power lines is considered and assessed with each street. Council will continue to strike a balance between the ongoing pruning maintenance of street trees under powerlines and planting street trees to both provide a sense of scale and continuity and to also negate the requirement for future power line pruning. This is achieved by planting smaller species under powerlines when appropriate and by planting the avenue effect of uniform species within a streetscape. Council will also continue to undertake formative pruning of young street trees to assist in developing structurally sound street trees. This in turn reduces excessive pruning requirements around services and powerlines as the tree matures.

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Crs Dundas/West That Council plant lower growing trees under powerlines and higher species on the opposite side, thus minimising pruning requirements.

Carried Highlight: Highlight of the meeting was the very informative and interesting

presentation of the Mentone Structure Plan by Rosa Zouzoulas.

6(d) Clayton South Village Committee Chairperson – Chris Frangopoulos

Report of Meeting held on 1 June 2010 Highlight: The presentations on community safety made at the meeting.

6(e) Patterson Lakes/Carrum Village Committee Chairperson – Pat King

Report of Meeting held on 2 June 2010

Highlight: Committee’s decision to set aside first hour of next month’s meeting to review Village Committee roles and responsibilities.

6(f) Clarinda / Oakleigh South Village Committee

Chairperson – David Oakley Report of Meeting held on 2 June 2010

Highlight: Men’s Health and Wellbeing Workshop Series that Tony Misajon has

been attending. 6(g) Aspendale/Edithvale/Aspendale Gardens/Waterways Village Committee

Chairperson – Ken Carney Report of Meeting held on 3 June 2010

Highlight: Beeson Reserve.

6(h) Chelsea/Chelsea Heights/Bonbeach Village Committee Chairperson –Nigel McGillivray

Report of Meeting held on 9 June 2010 Highlight: Concerns regarding the missing trees in the northern carpark of the

Chelsea Safeway Redevelopment.. 7. Delegates Reports Cr Bauer gave a delegate’s report in relation to the Eastern Treatment Liaison Committee and the $380Million upgrade to the Eastern Treatment Plant to undertake advanced tertiary treatment which would be completed in 2012 and be able to treat 700 Megalitres to Class A standard.

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8. Question Time The Mayor, Cr Staikos, informed the meeting that question time would take place at approximately 8.00pm. 9. Environmental Sustainability Reports M 103 Town Planning Application Decisions – May 2010 Approved By: Tony Rijs-General Manager, Environmental Sustainability Author: Ian Nice – Manager, Planning Attached for information is the report of Town Planning Decisions for the month of May 2010. A summary of the decisions is as follows:

Type of Decision Number of Decisions Made

Percentage (%)

Planning Permits 77 81 Notice of Decision 7 7 Refusal to Grant a Permit 5 5 Other - Withdrawn ( ) - Prohibited (0) - Permit not required (3) - Lapsed (3)

6 7

Total 95 100 (NB: Percentage figures have been rounded) Recommendation That the report be noted. Crs West/Brownlees That the recommendation be adopted.

Carried

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Agenda 28 June 2010

Planning Decisions May 2010

APPL. No. PROPERTY ADDRESS SUBURB

APPL. DATE

DATE DECIDED

PROPOSAL DESCRIPTION DECISION

KP-290/2009 1 Albany Crescent ASPENDALE 5/05/2009 3/05/2010

TWO DWELLINGS Permit Issued

KP-808/2007 1144-1148 Nepean Highway HIGHETT 11/10/2007 3/05/2010

B & W - WAREHOUSE / CAR PARK INCREASE Refused

KP-41/2010 11 Mason Drive BRAESIDE 22/01/2010 3/05/2010

MEZZANINE TO EXISTING FACTORY Permit Issued

KP-45/2010 40 Bayside Avenue EDITHVALE 29/01/2010 3/05/2010

DOUBLE STOREY DWELLING

Permit Not Required

KP-688/2009 3 51 Taunton Drive CHELTENHAM 20/10/2009 3/05/2010

MOTOR VEHICLE SALES Permit Issued

KP-77/2010 105-111 Balcombe Road MENTONE 16/02/2010 3/05/2010

ADVERTISING SIGNAGE Permit Issued

KP-170/2010 27 Crown Road BONBEACH 26/03/2010 4/05/2010SECTION 24(A) PLAN Permit Issued

KP-710/2009 48 Albenca Street MENTONE 26/10/2009 4/05/2010

TWO (2) DWELLINGS

Notice of Decision

KP-218/2010 16A Clarevale Street

CLAYTON SOUTH 14/04/2010 4/05/2010

VERANDAH TO DWELLING Permit Issued

KP-724/2009 54 Tennyson Street HIGHETT 2/11/2009 4/05/2010

TWO (2) DWELLINGS Permit Issued

KP-205/2010 10 Esper Avenue OAKLEIGH SOUTH 14/04/2010 4/05/2010

TWO (2) LOT SUBDIVISION Permit Issued

KP-138/2010 5 Bayliss Court CHELTENHAM 16/03/2010 4/05/2010TWO (2) LOT SUBDIVISION Lapsed

KP-193/2010 14 Marine Drive PATTERSON LAKES 8/04/2010 4/05/2010

SINGLE DWELLING

Permit Not Required

KP-165/2010 14-18 Chesterville Road CHELTENHAM 22/03/2010 4/05/2010

LIFT TO RETIREMENT VILLAGE Permit Issued

KP-215/2010 7 Nepean Highway ASPENDALE 19/04/2010 4/05/2010

TWO (2) LOT SUBDIVISION Permit Issued

KP-35/2010 67 McLeod Road CARRUM 25/01/2010 4/05/2010Two (2) Lot Subdivision Permit Issued

KP-150/2010 47 Venice Street MENTONE 23/03/2010 5/05/2010THREE (3) LOT SUBDIVISION Permit Issued

KP-830/2009 15 Helena Street CLAYTON SOUTH 16/12/2009 5/05/2010

TWO (2) LOT SUBDIVISION Permit Issued

KP-780/2009 31-39 Eighth Avenue

CHELSEA HEIGHTS 24/11/2009 6/05/2010

TWO (2) LOT SUBDIVISION Permit Issued

KP-130/2010 680 Nepean Highway CARRUM 12/03/2010 6/05/2010

TWO (2) LOT SUBDIVISION Permit Issued

KP-641/2009 10 Johnson Avenue CARRUM 29/09/2009 6/05/2010

TWO (2) DWELLINGS & TWO (2) LOT SUBDIVISION Permit Issued

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KP-609/2009 3 Genoa Street MOORABBIN 11/09/2009 10/05/2010TWO (2) DWELLINGS Permit Issued

KP-28/2010 13-15 Chesterville Road CHELTENHAM 18/01/2010 10/05/2010

ADVERTISING SIGNAGE Permit Issued

KP-441/2009 7 Wellwood Road BONBEACH 10/07/2009 10/05/2010EIGHT (8) DWELLINGS Refused

KP-33/2010 1 8 Elma Road CHELTENHAM 19/01/2010 11/05/2010TWO (2) LOT SUBDIVISION Permit Issued

KP-139/2010 320-328 Wells Road

ASPENDALE GARDENS 16/03/2010 11/05/2010

ADVERTISING SIGNAGE Permit Issued

KP-662/2008 150-170 Old Dandenong Road HEATHERTON 16/07/2008 11/05/2010

ADVERTISING SIGNAGE Permit Issued

KP-357/2009 62 Albany Crescent ASPENDALE 3/06/2009 11/05/2010

SATELITTE DISH Permit Issued

KP-216/2010 8 Francis Street MORDIALLOC 19/04/2010 11/05/2010TWO (2) LOT SUBDIVISION Permit Issued

KP-393/2006/A 43 Elsie Grove EDITHVALE 31/03/2010 11/05/2010TWO (2) DWELLINGS Permit Issued

KP-764/2009 283 Chesterville Road MOORABBIN 20/11/2009 12/05/2010

RESIDENTIAL BUILDING Lapsed

KP-825/2008/A 128 Chute Street MORDIALLOC 3/03/2010 13/05/2010

SPECIAL BUILDING OVERLAY - CONSTRUCT A SINGLE STOREY BUNGALOW Lapsed

KP-103/2010 32 Tarella Road CHELSEA 2/03/2010 14/05/2010THREE (3) LOT SUBDIVISION Permit Issued

KP-783/2009 114 Devon Street CHELTENHAM 26/11/2009 14/05/2010TWO (2) DWELLINGS Permit Issued

KP-107/2010 18 Lara Place PATTERSON LAKES 1/03/2010 14/05/2010

SINGLE DWELLING Permit Issued

KP-261/2008/A 21 Henry Street HIGHETT 9/02/2010 17/05/2010 2 DWELLINGS Permit Issued

KP-417/2006/C 200-208 Boundary Road BRAESIDE 4/05/2010 17/05/2010

TWENTY SIX (26) LOT SUBIVISION Permit Issued

KP-683/2009 2 Foy Lane CHELSEA 15/10/2009 17/05/2010TWO (2) DWELLINGS Permit Issued

KP-665/2009 31 Woodbine Grove CHELSEA 8/10/2009 17/05/2010

CHILD CARE CENTRE Permit Issued

KP-91/2010 19-23 Park Way BRAESIDE 23/02/2010 17/05/2010

BUILDINGS & WORKS TO EXSITING FACTORY/WAREHOUSE Permit Issued

KP-65/2010 26 Acacia Crescent

PATTERSON LAKES 10/02/2010 17/05/2010

REPLACE EXISTING JETTY Permit Issued

KP-124/2009 1 Newington Parade CHELSEA 2/03/2009 17/05/2010

THREE DWELLINGS / 3 LOT SUB Permit Issued

KP-499/2009 1 Monica Avenue BONBEACH 27/07/2009 17/05/2010TWO (2) DWELLINGS

Notice of Decision

KP-697/2009 16 Byron Street CLAYTON SOUTH 26/10/2009 17/05/2010

TWO (2) DWELLINGS Permit Issued

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KP-667/2009 40 Matthieson Street HIGHETT 12/10/2009 17/05/2010

TWO (2) DWELLINGS Permit Issued

KP-183/2010 1 Henry Street HIGHETT 8/04/2010 17/05/2010THREE (3) LOT SUBDIVISION Permit Issued

KP-687/2009 13 Merlyn Avenue

CLAYTON SOUTH 19/10/2009 17/05/2010

TWO (2) DWELLINGS Permit Issued

KP-200/2010 41 Warren Road PARKDALE 8/04/2010 17/05/2010TWO (2) LOT SUBDIVISION Permit Issued

KP-846/2009 11 Roseberry Avenue CHELSEA 22/12/2009 18/05/2010

TWO (2) DWELLINGS

Notice of Decision

KP-604/2009 2-4 Henley Court MOORABBIN 10/09/2009 18/05/2010CREATE FIRE ESCAPE Permit Issued

KP-506/2009 22 Flinders Street MENTONE 31/07/2009 20/05/2010

TWO DWELLINGS / TWO LOT SUBDIVISION Permit Issued

KP-549/2009 28 Shipston Road CHELTENHAM 19/08/2009 20/05/2010

TWO (2) DWELLINGS

Notice of Decision

KP-591/2009 96 Flinders Street MENTONE 3/09/2009 21/05/2010BUILDINGS AND WORKS Permit Issued

KP-351/2009 8 Reid Street PARKDALE 28/05/2009 21/05/2010THREE (3) DWELLINGS

Notice of Decision

KP-871/2008 7-13 Johnson Avenue CARRUM 18/09/2008 21/05/2010

NEW THREE (3) LEVEL BUILDING COMPRISING FUNCTION CENTRE AND RESTAURANT Permit Issued

KP-256/2010 1 35 Jean Street CHELTENHAM 2/05/2010 21/05/2010

BUILDINGS & WORKS - NEW FENCE Permit Issued

KP-240/2010 39 Eighth Avenue CHELSEA HEIGHTS 27/04/2010 21/05/2010

CREATE A RESERVE Permit Issued

KP-177/2010 126 Ella Grove EDITHVALE 30/03/2010 24/05/2010

DWELLING EXTENSION - ON LAND DESIGNATED LSIO Permit Issued

KP-692/2009 10 Roseberry Avenue CHELSEA 20/10/2009 24/05/2010

TWO (2) DWELLINGS Permit Issued

KP-477/2005 10 Hadkinson Street

CLAYTON SOUTH 14/07/2005 24/05/2010

TWO (2) DWELLINGS Permit Issued

KP-76/2010 29 Florence Street MENTONE 16/02/2010 24/05/2010

BUILDINGS & WORKS TO MOTOR VEHICLE MOTOR VEHICLE REPAIRS SHOP Permit Issued

KP-87/2010 19/02/2010 24/05/2010 JETTY Permit Issued

KP-668/2009 21 Hillston Road MOORABBIN 12/10/2009 24/05/2010TWO (2) DWELLINGS Permit Issued

KP-742/2009 75 Station Street ASPENDALE 2/11/2009 24/05/2010TWO (2) LOT SUBDIVISION Permit Issued

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KP-8/2010 13 Elder Street CLARINDA 8/01/2010 25/05/2010TWO (2) DWELLINGS Permit Issued

KP-42/2010 21 Dactyl Road MOORABBIN 25/01/2010 25/05/2010TWO (2) DWELLINGS Permit Issued

KP-147/2010 1 Mason Drive BRAESIDE 17/03/2010 25/05/2010TWO (2) LOT SUBDIVISION Permit Issued

KP-181/2010 14 Hadkinson Street

CLAYTON SOUTH 1/04/2010 25/05/2010

TWO (2) LOT SUBDIVISION Permit Issued

KP-281/2010 16 Berry Avenue EDITHVALE 11/05/2010 25/05/2010TWO (2) LOT SUBDIVISION Permit Issued

KP-708/2009/A

25 102-114 Gladesville Boulevard

PATTERSON LAKES 24/03/2010 26/05/2010

LIQUOR LICENCE Permit Issued

KP-164/2010 11 Foam Street ASPENDALE 25/03/2010 26/05/2010TWO (2) DWELLINGS Permit Issued

KP-261/2010 1040 Nepean Highway MOORABBIN 5/05/2010 26/05/2010

TWO (2) LOT SUBDIVISION Permit Issued

KP-196/2010 101-105 Wells Road

ASPENDALE GARDENS 6/04/2010 26/05/2010

BUILDINGS & WORKS Permit Issued

KP-1157/2008/A 9 Coolac Street CHELTENHAM 21/05/2010 26/05/2010

2 LOT SUBDIVISION Permit Issued

KP-707/2009 23 Nicholas Grove HEATHERTON 26/10/2009 26/05/2010

TWO (2) DWELLINGS Permit Issued

KP-308/2010 32-64 Linton Street MOORABBIN 21/05/2010 26/05/2010

TEMPORARY BUILDING TO BE SITUATED TO FRONT OF EXISTING BUILDINGS Permit Issued

KP-118/2010 1 Maxwell Court MOORABBIN 5/03/2010 26/05/2010TWO (2) DWELLINGS Permit Issued

KP-761/2009 460 Haughton Road

CLAYTON SOUTH 19/11/2009 26/05/2010

THREE (3) DWELLINGS Permit Issued

KP-274/2010

Unit 1 50 Rosewarne Avenue CHELTENHAM 10/05/2010 26/05/2010

CONSTRUCT AN EXTENSION TO A DWELLING ON A LOT LESS THAN 300sqm Permit Issued

KP-301/2010 77-83 Nurten Parade

ASPENDALE GARDENS 17/05/2010 26/05/2010

SECTION 24A PLAN Permit Issued

KP-716/2009 19 Pier One Drive

PATTERSON LAKES 29/10/2009 26/05/2010

SINGLE DWELLING Permit Issued

KP-242/2010 6 Blackwood Avenue MENTONE 28/04/2010 27/05/2010

TWO (2) LOT SUBDIVISION Permit Issued

KP-141/2009 19 Patterson Street BONBEACH 11/03/2009 27/05/2010

TWO (2) DWELLINGS Permit Issued

KP-12/2010 5 282-284 Chesterville Road MOORABBIN 13/01/2010 27/05/2010

CHANGE OF USE - DANCE SCHOOL Permit Issued

KP-241/2009 26 Tennyson Street CARRUM 15/04/2009 27/05/2010

TWO (2) DWELLINGS Permit Issued

KP-148/2010 13 Glennie Avenue

OAKLEIGH SOUTH 18/03/2010 27/05/2010

TWO (2) DWELLINGS Permit Issued

KP-875/2008

Office Ground 1001 Nepean Highway MOORABBIN 22/09/2008 27/05/2010

ADVERTISING SIGNAGE Refused

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KP-154/2010 6 Simpson Street MOORABBIN 22/03/2010 28/05/2010

ALTS AND ADDS TO EXISTING FACTORY/WAREHOSUE Permit Issued

KP-111/2010 1242A Centre Road

CLAYTON SOUTH 3/03/2010 28/05/2010

CREATE ACCESS (CROSSOVER) IN A ROAD ZONE CATEGORY 1 Refused

KP-253/2010 28 Wordsworth Avenue

CLAYTON SOUTH 3/05/2010 28/05/2010

FOUR (4) LOT SUBDIVISION Permit Issued

KP-249/2010 6 Sunset Close WATERWAYS 30/04/2010 28/05/2010SINGLE DWELLING Permit Issued

KP-230/2010 5 Spoonbill Place WATERWAYS 21/04/2010 28/05/2010SINGLE DWELLING Permit Issued

KP-252/2010 13 Marine Drive PATTERSON LAKES 3/05/2010 31/05/2010

CONSTRUCT A DWELLING

Permit Not Required

KP-278/2010 25 Frank Avenue CLAYTON SOUTH 12/05/2010 31/05/2010

CONSTRUCT AN EXTENSION TO A DWELLING ON LAND DESIGNATED WITHIN A SPECIAL BUILDING OVERLAY Permit Issued

KP-58/2010 149 Farm Road HEATHERTON 5/02/2010 31/05/2010

BUILDINGS & WORKS TO EXISTING BUIDLINGS Refused

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M 104 KP 20/10 – Rear of 278-281 Nepean Highway, Edithvale APPLICANT Vladimir Chernov ADDRESS OF LAND Part No. 278-281 (Lots 11 and 12 on PS4920) Nepean

Highway, Edithvale PROPOSAL The development of the site for sixteen (16) dwellings

and a basement carpark PLANNING OFFICER Nikki Taylor REFERENCE NO. KP-20/2010 DATE RECEIVED 14 January 2010 STATUTORY DAYS EXPIRY 18 May 2010 ZONE Business 1 Zone OVERLAYS Design and Development Overlay – Schedules 1 and 7 RESTRICTIVE COVENANTS ON THE TITLE?

No

CURRENT USE AND DEVELOPMENT

Vacant

OBJECTIONS 14 (1 objector submitted 2 objections), 1 letter of support

RESIDENTIAL POLICY AREA

N/A

CONSIDERED PLAN REFERENCES/DATE RECEIVED

Dated 3/03/10

1.0 RECOMMENDATION 1.1 That a Notice of Decision to Grant a Permit be issued subject to conditions

outlined below. These conditions include the provision of greater articulation in the form of setbacks and materials used, which will reduce the impact of visual bulk upon the streetscape and, importantly, on the adjoining residential property to the south of the subject site. These changes will also ensure the development is more consistent with the Design and Development Overlay – Schedule 1 Urban Coastal Height Control, Clause 43.02 of the Kingston Planning Scheme.

2.0 KEY ISSUES 2.1 The key planning issues arising from this proposal relate to:

Traffic considerations Neighbourhood character Amenity impact (internal and external) Overlay compliance Any areas of non-compliance with ResCode

3.0 PROPOSAL

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3.1 It is proposed to construct an apartment building on the site comprising sixteen (16) dwellings and basement car parking.

3.2 Development summary: Development Assessment Table Criteria Planning Scheme Requirement Proposed Development Provision Private

Open Space No specific requirement as site located within Business 1 Zone

Dwelling 1 – 26.5m² Dwelling 2 – 61m²

Dwelling 3 – 73.5m² Dwelling 4 – 36m² Dwelling 5 – 36m²

Dwelling 6 – 74.5m² Dwelling 7 – 31m²

Dwelling 8 – 26.5 m² Dwelling 9 – 92.5m² (including roof terrace) Dwelling 10 – 84m² (including roof terrace) Dwelling 11 – 84m² (including roof terrace)

Dwelling 12 – 92.5m² (including roof terrace) Dwelling 13 – 92.5m² (including roof terrace) Dwelling 14 – 73.5m² (including roof terrace) Dwelling 15 – 73.5m² (including roof terrace) Dwelling 16 – 92.5m² (including roof terrace)

Car Parking Two (2) spaces for each dwelling

(pursuant to Clause 52.06). 19 residential car parking spaces and 4 visitor spaces (total of 23 spaces)

Dwelling Setback to

Street

No specific requirement as site located within Business 1 Zone

Minimum street setback to Bank Road – 3 metres Minimum street setback to Turakina Avenue – 4

metres Site

Coverage No specific requirement as site located within Business 1 Zone

Site coverage is 67% at basement level and 60% above basement.

3.3 The proposal has an overall site coverage of 67 percent at basement level and 60

percent above the basement. It has a permeability percentage of 27. 3.4 The development will comprise:

Ground level – eight (8) x two bedroom dwellings with a central entry/circulation area accessed via Turakina Avenue;

Level 1 – eight (8) x two bedroom dwellings;

Roof – eight (8) x roof terraces of approximately 60m2 each;

Car parking will be provided within a basement accessed via the south-east corner of the site (Turakina Avenue) comprising 19 residential car parking spaces and 4 visitor spaces. Dwellings 9, 10 and 11 are provided with 2 car parking spaces whilst the remaining dwellings are provided with 1 car parking space.

Private open space is provided in the form of ground floor courtyards of various sizes ranging from 26.5m2 for dwellings 1 and 8, 31m2 for dwelling 7 with these

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courtyards facing Turakina Avenue and36m2 – 74.5m2 for dwellings 2, 3, 4, 5 and 6. The first floor dwellings will rely on balconies of minimal areas and the roof terraces. It is proposed to construct the building largely comprising rendered finishes in colours which have not been nominated.

4.0 SITE & SURROUNDS 4.1 The subject site comprises a 1288m2 allotment on the south side of Bank Road and

the east side of Turakina Avenue, Edithvale. It is part of the ‘Gales Marine’ site which was previously used for the sale of boats and was previously a larger site running from Nepean Highway through to Turakina Avenue, Edithvale. The site is currently vacant and does not contain any vegetation. The site is not encumbered by any easements. There appears to be no restrictions listed on the Certificate of Title.

4.2 Vehicle access to the site is currently via a single width crossover located on the

north-east side of the site’s Bank Road frontage. 4.3 The main site/locality characteristics are:

To the west of the site, on the opposite side of Turakina Avenue, are two (2) x

double storey apartment buildings comprising eight (8) dwellings at No. 8 Bank Road and a double storey dwelling at No. 6 Turakina Avenue.

To the south of the site, at No. 3A Turakina Avenue, is a double storey, semi-detached dwelling which directly abuts the subject site.

To the north of the site, on the opposite side of Bank Road at No. 3 Bank Road, is a double storey dwelling and at No. 1 Bank Road is a double storey dwelling which is part of a three (3) dwelling development.

To the east of the site is vacant land, which is also previously part of the Gales Marine site.

5.0 TITLE DETAILS 5.1 The Permit Applicant has completed the planning application form declaring that

there is no restrictive covenant on the title. 6.0 PLANNING PERMIT REQUIREMENTS 6.1 Pursuant to Clause 34.01 – Business 1 Zone, a planning permit is required to

construct buildings and works an to use for dwelling (if the frontage at ground floor level exceeds 2 metres).

6.2 Pursuant to Clause 43.02 – Design and Development Overlay, a planning permit is required to construct a building or construct and carry out works.

7.0 RELEVANT HISTORY 7.1 Council records indicate that there is no relevant planning history relating to this part

of the site. It should be noted that a planning permit, KP536/07 was issued on 15

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September 2008 for the creation of a carriageway easement for land further to the east of the land proposed to be developed under this application.

7.2 Further, it should be noted that an application, KP1011/07 to develop the whole of the

site for a combination of retail (supermarket) and residential was lodged and advertised in 2007 but was later withdrawn by the applicant.

8.0 ADVERTISING 8.1 The application has been advertised pursuant to Section 52 of the Planning and

Environment Act 1987, by: Sending notices to the owners and occupiers of adjoining land

Placing signs on site The notification has been carried out correctly. A total of fourteen (14) objections have been received in respect to the development. One objector submitted two objections. The grounds of objection raised can be characterised as follows: Car Parking Provision/Traffic Concerns/Access Overdevelopment/Building Bulk Amenity Impacts Upon Surrounding

Properties/Overlooking/Overshadowing/Noise (Roof terraces) Fencing issues

Council also received one (1) letter of support for the application.

9.0 PRELIMINARY CONFERENCE 9.1 A preliminary conference was held on 5 May 2010, with the relevant Planning

Officer, one Ward Councillor, the Permit Applicant and a number of objectors in attendance. The above-mentioned issues were discussed at length, however, no resolution of the issues was reached at the meeting.

10.0 REFERRALS 10.1 The following internal and/or external referral departments were notified:

Referrals/Notice Advice/Response/Conditions Section 55 Referrals None required.

Internal Council Referrals

Advice/Response/Conditions

Vegetation Management Officer

No objection to the application subject to the inclusion of standard conditions.

Drainage Engineer No objection subject to the inclusion of various conditions. Roads and Drains No objection subject to the inclusion of conditions on any

permit issued relating to the construction of the crossover and

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the maintenance of the footpath. Traffic Engineer No objection raised.

11.0 ASSESSMENT AGAINST THE RELEVANT PROVISIONS OF THE

KINGSTON PLANNING SCHEME

State Planning Policies

Clause 12 Metropolitan Development - Includes objectives and strategies for Metropolitan Melbourne.

Clause 14 Settlement - Encourages consolidation of residential activities, with development being respectful of neighbourhood character.

Clause 16.02 Housing - Encourages well-designed medium density housing that respects the character of the neighbourhood and improves housing choice, use of infrastructure and energy efficiency.

Clause 19.03 Design and Built Form - Encourages architectural and Urban Design outcomes that contribute positively to local Urban Character.

It is considered that the proposal is generally consistent with the above policies. The site’s location within close proximity to Edithvale Railway Station and associated bus services, together with its proximity to the Edithvale Neighbourhood Activity Centre, makes it a suitable site for a redevelopment of this type.

Municipal Strategic Statement

Clause 21.06 Retail and Commercial Land Use - The subject site is located in a ‘Neighbourhood Activity Centre’ as identified in the MSS. The strategic direction for these centres includes promoting a wider mix of commercial, retail, residential and community facilities to enhance their attractiveness as local community centres.

Further, built form should be consistent with neighbourhood character.

Local Planning Policies

Clause 22.11 Residential Development Policy – is applicable to residential development including two or more dwellings on a lot. However, this policy does not specifically give guidance where residential development is proposed within Business Zones.

The objective of this policy is to promote a managed approached to residential development through identifying areas most suited to increased housing diversity, incremental change, residential renewal and minimal change. The policy also seeks to ensure appropriate design outcomes are achieved which will result in a reasonable level of amenity for future dwelling occupants, neighbouring properties and the environment.

Zoning

Clause 34.01 – Business 1 Zone – seeks to provide for the intensive development of business centres for retailing and other complementary commercial, entertainment and community uses. It should be noted that whilst the subject site is located within a Business 1 Zone, it is proposed to develop the site for only residential development.

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The schedule to the Business 1 Zone nominates a maximum leasable floor area for office, shop and trade supplise. As the proposal does not seek to accommodate these uses, it is considered that the schedule is not applicable to the proposed development.

Overlays

The site is included within the Design and Development Overlay, Clause 43.02 of the Kingston Planning Scheme – Schedule 1, Urban Coastal Height Control Area. The objectives of this schedule include ensuring that new buildings, works, renovations and extensions are compatible with the surrounding buildings and natural features, and sympathetic to the surrounding natural landscape and environment as well as relating building heights, building bulk and setbacks to adjoining sites so that they are compatible with and enhance the appearance and character of the immediate locality.

Clause 43.02 Design and Development Overlay – Schedule 7 relates to foreshore setbacks. As the subject site does not abut the foreshore, it is considered that the requirements of this overlay do not apply, in this instance.

Particular Provisions

Clause 55 (Two or More Dwellings on a Lot & Residential Buildings) – the purpose of which is to implement the SPPF, MSS and Local Planning Policies, to achieve residential development which respects neighbourhood character, is site responsive and provides a reasonable level of amenity for surrounding properties and future dwelling occupants. It should be noted that pursuant to Clause 34.01 – Business 1 Zone, the decision guidelines state that the Responsible Authority must consider as appropriate; “the objectives, standards and decision guidelines of Clause 54 and Clause 55.” However, the requirements of Clause 55 are only applicable to residential development within residential zones. Therefore, the consideration of Clause 55 within business zones is given less weight than in residential zones. In the context of this application, given the site’s location to the rear of a commercial property and its proximity to residential development, it is considered that greater consideration of the objectives of ResCode is reasonable in this instance.

Clause 52.06 – Car parking is applicable to the proposed development. Pursuant to the table at Clause 52.06-5, 2 car parking spaces are required for each dwelling.

General Provisions

Clause 65 (Decision Guidelines) – outlines matters which a responsible authority must consider in its decision making process.

12.0 PLANNING CONSIDERATIONS:

The following is a summary of the relevant planning issues and areas of non-compliance with the relevant sections of the Kingston Planning Scheme.

12.1 Neighbourhood Character and Design Issues The proposed development, whilst located within a Business 1 Zone, is directly abutting residential development along Turakina Avenue and Bank Road. Being to the rear of the previous commercial site, it is considered that the proposal relates

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more to the surrounding residential development than to the commercial activity along Edithvale Road. Therefore, it is considered appropriate to give greater weight to neighbourhood character objectives for this area. Further, as the proposed development is solely for residential purposes, it is considered that it should positively respond to the character of the surrounding residential development. As such, it is considered that the development, as advertised, presents excessive visual bulk to adjoining properties and the street. This is due in large part to the construction of a high masonry front fence and the use of masonry parapets and balustrades. In addition, the roof terrace access structures further add to the appearance of visual bulk. When looking at the west (Turakina Avenue) elevation, the development is much higher than the adjoining residential properties. This is considered to be an inappropriate design response, however, it is considered that these concerns can largely be addressed through design modifications. The front fences on both the site’s Turakina Avenue and Bank Road street frontages should be reduced in height to a maximum of 1.5m and constructed of a semi transparent materials such a timber pickets/slats or metal pickets. This will both reduce the appearance of building mass as well as enable landscaping to be visible within the streetscape, thereby softening the appearance of the development. Further, balustrades should be fully glazed with the use of obscure glazing where necessary to provide privacy and prevent overlooking of adjoining properties. It is considered that there is minimal articulation within the built form, with the first floor sitting directly on top of the ground floor, so the building presents as two double storey ‘boxes’, with a solid element separating them in the middle. Given the proposed street setbacks of 3 metres along Bank Road and 4 metres along Turakina Avenue, the intensive built form would have a detrimental impact upon the streetscape which is of a more modest character, including the more recent development. The interface with the adjoining property at No. 3A and 3B Turakina Avenue is considered to be particularly sensitive. More consideration should be given to providing a transition from No. 3A Turakina Avenue to the proposed development. Therefore, it is considered appropriate to require that dwelling 7 be set back a minimum of 5 metres from Turakina Avenue. Likewise, the dwelling above, dwelling 15, will be required to be set back, however, in order to provide greater articulation to the building, it is considered appropriate to require the balcony of this dwelling to be set back 5 metres, with the wall of the dwelling set behind the balcony a minimum of 2 metres. In addition, given the length of built form along the common boundary with No. 3A Turakina Avenue, it is considered reasonable to require the south facing first floor of the building to be set back 1 metre from the ground floor footprint. This should be required as a condition of any permit issued. First floor dwellings located within the streetscape should also be set back a minimum of 1 metre from the ground floor footprint, so that the balconies do not protrude excessively over the ground floor below. These changes will likely result in internal reconfigurations which may result in either a reduced number of dwellings or some dwellings with reduced bedrooms. It is

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considered appropriate, in the interests of dwelling diversity that the development should consist of a variety of living options for future residents. The first floor balconies are shaped such that they will not accommodate tables and chairs or any useable recreational space. Therefore, these dwellings will largely rely on the roof terraces for secluded private open space and these have no relationship to the living areas of the dwellings. In order to facilitate more appropriate balconies, it is considered that the balconies should be squared off and have a minimum width of 2 metres. Further, the balconies for dwellings 10 and 11 can wrap around the building in order to provide greater outdoor living space for these dwellings. This will have the added benefit of providing greater articulation to the building.

12.2 Internal amenity

The circulation spaces of the building do no provide for appropriate solar access. There is a ground floor east-west corridor which does appear to have solar access but the north-south corridor receives no solar access at all. This is compounded by additional internal doors which are considered to be superfluous to the development. These doors should be deleted. On the first floor, the landings have no solar access. There are also internal balconies which serve no real purpose, accessing dining rooms and bedrooms. They do however, add to visual bulk. It is considered appropriate to delete these balconies and replace them with glazed elements which will draw the sun into the circulation spaces below. This should be required as a condition of any permit issued. Further, skylights should be included to provide solar access to the first floor landings.

12.3 Roof terraces and access structures

As briefly discussed above, due to the size of the first floor balconies, future dwelling residents will largely rely upon the roof terraces for their recreational needs. Given the size of the proposed terraces, which are a minimum of 60m2, it is considered that they will be clearly visible from the street with any required screening to prevent overlooking adding to the appearance of visual bulk. Further, intensive use of these areas will result in detrimental amenity impacts to the surrounding properties through noise and lightspill. It is considered that these areas should be reduced in size considerably in order to protect the amenity of the area and to reduce the appearance of visual bulk. It is considered reasonable to reduce the area of the roof terraces to a maximum of 25m2 with the terraces set back from the building footprint such that they will not require external screening and that the internal screening will not be visible from either street and adjoining properties. Further, the access structures should be redesigned so that they are more discreet. The proposed access structures add to the overall height of the building, so that it is 10.3 metres in height. This is considered to be an unacceptable outcome. Eaves should be removed and the access structures should be located more centrally upon the roof, so their visual impact is minimal. This should be required as a condition of any permit issued.

13.0 RESPONSE TO GROUNDS OF OBJECTIONS

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13.1 Car Parking Provision/Traffic Concerns/Access – more than the ResCode requirement for residential car parking has been provided as part of this development. Whilst the foreshore areas do experience significant traffic issues during the summer months, this is part and parcel of living along the foreshore. It is considered that the proposed development should not greatly impact upon the existing traffic conditions in the area.

13.2 Overdevelopment/Building Bulk – As discussed above, Council officers share these concerns and subject to the design changes outlined above, the appearance of visual bulk should be reduced such that the development will be more in keeping with Council requirements. However, it should be understood that development along Kingston’s foreshores is generally of a different character to that of the other residential areas of the municipality. More intensive development with a greater emphasis on balconies and living spaces located generally above ground floor are characteristic of foreshore areas. Apartment buildings are also more characteristic in these areas. It is considered that the proposal as amended should appropriately respond to the character of Kingston’s foreshore areas.

13.3 Amenity Impacts Upon Surrounding Properties/Overlooking/Overshadowing/Noise (Roof terraces) – Council officers share objectors’ concerns in relation to potential amenity impacts, however, it is considered that with the design changes outlined above, these concerns should be appropriately addressed.

13.4 Fencing issues – It is considered that the concerns raised by the objector in relation to the conditions and replacement of the south (side) boundary fence can be addressed through conditions of any permit issued.

14.0 CONCLUSION: 14.1 For reasons discussed within this report, it is submitted that the proposal be supported

subject to the adoption of the recommended permit conditions to ensure that the proposed development achieves a high quality design, achieves good internal amenity as well as responding appropriately to the site and its immediate interfaces.

14.2 The proposed development is considered appropriate for the site as evidenced by:

The design and concept of the proposed development to be compatible with the surrounding area;

The proposal should not have a detrimental impact on surrounding properties (subject to appropriate conditions); and,

The proposal generally satisfies the requirements of the Kingston Planning Scheme, including the MSS, Residential Development Policy, Business 1 zoning, Overlays, Particular Provisions, and Clause 65 – Decision Guidelines (subject to appropriate conditions).

15.0 On balance and subject to the inclusion of suitable conditions, the proposal is

considered reasonable and warrants support. 16.0 RECOMMENDATION: That Council resolve to issue a Notice of Decision to Grant a Permit for the development of this site for sixteen (16) dwellings with a reduction in car parking requirement pursuant to Clause 52.06 of the Kingston Planning Scheme, subject following conditions:

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1. Before the development starts amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be substantially in accordance with the plans dated 3 March 2010, but modified to show:

a) the provision of a landscape plan in accordance with the submitted development plan and the City of Kingston Landscape Plan Checklist, with such plans to be prepared by a suitably qualified landscape professional and incorporating:

i) an associated planting schedule showing the proposed location, species type, mature height and width, pot sizes and number of species to be planted on the site;

ii) the delineation of all garden beds, paving, grassed area, retaining walls, fences and other landscape works including areas of cut and fill throughout the development;

iii) all existing trees on the site and close to the boundary of the site on adjoining properties, accurately illustrated to represent actual canopy width and labelled with botanical name, height and whether the tree is proposed to be retained or removed;

iv) a range of plant types from ground covers to large shrubs and trees, species must comprise a minimum of 80% indigenous coastal species;

v) adequate planting densities (e.g.: plants with a mature width of 1 metre, planted at 1 metre intervals);

vi) sustainable lawn areas and plant species taking current water restrictions into consideration;

vii) all trees provided at a minimum of 2 metres in height at time of planting;

viii) medium to large shrubs to be provided at a minimum pot size of 200mm;

ix) the provision of notes regarding site preparation, including the removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements;

b) the provision of a greater setback for dwelling 7, so that it is setback with a minimum of 5 metres from the site’s Turakina Avenue street frontage;

c) the provision of a greater setback for dwelling 15 so that the balcony of this dwelling is set back a minimum of 5 metres from the site’s Turakina Avenue street frontage and the front wall of this dwelling is set back a minimum of 7 metres from the site’s Turakina Avenue street frontage;

d) the first floor balconies redesigned so that they are 2 metres in width, with the removal of the angles with the balconies only overhanging the ground floor footprint by 1 metre;

e) the first floor balconies of dwellings 10 and 11 increased in size by wrapping them around the north corner of the proposed building;

f) the deletion of the first floor ‘internal’ balconies of dwellings 9, 12, 13 and 16 which are accessed from the bedroom 2 and dining room of these dwellings and their

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replacement with a glazed structure to provide solar access to the internal ground floor circulation spaces;

g) the south facing first floor wall of the building set back a minimum of 1 metre from the ground floor footprint;

h) the roof terraces reduced in size to a maximum of 25m2, with the terraces set back from the building footprint such that they will not require any external screening to prevent overlooking, and that the internal screening will not be visible from either street or adjoining properties;

i) the access structures should be redesigned so that they are more discreet with the deletion of the eaves and the structures located so they are not visible from the street;

j) nomination that the 200mm offset between the property boundary and footpath is maintained;

k) a notation on the plans that the existing footpath and property boundary levels are not to be altered;

l) balustrades should be fully glazed with the use of obscure glazing where necessary to provide privacy and prevent overlooking of adjoining properties;

m) the provision of a full colour, finishes and building materials schedule, including samples (illustrated on an A4 or A3 sheet), for all external elevations and driveways of the development;

n) front fences on both the Turakina Avenue and Bank Road street frontages should be reduced in height to a maximum of 1.5m and constructed of a semi transparent materials such a timber pickets/slats or metal pickets;

o) the provision of a new boundary fence between the subject site and No. 3A Turakina Avenue, Edithvale with this fence to be designed in consultation with the owner/occupier of the adjoining property;

p) the note on the plan stating: “Reconstruct concrete footpath along Turakina Avenue and Bank Road frontages in accordance with the engineering plans submitted to and approved by the Council”;

q) a comprehensive drainage strategy for the development of the site incorporating Water Sensitive Urban Design treatments; and

r) the provision of a basement ramp longitudinal section with grades and apex.

2. The development and use as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.

3. Prior to the occupation of the dwellings hereby permitted, the new fence/s required under Condition 1o) of this permit must be erected to Council’s satisfaction, at the full cost of the applicant/owner(s).

4. Prior to the occupation of the dwellings hereby permitted, the landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority. The landscaping must then be maintained to the satisfaction of the Responsible Authority.

5. Prior to the occupation of the dwellings hereby permitted, all buildings and works and the conditions of this permit must be complied with, unless with the further prior written consent of the Responsible Authority.

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6. Before the use commences, the footpath as described in Condition 1a) must be constructed at the developer’s cost and maintained in accordance with the plans approved by the Council. Discussion with Council’s Development Engineer is recommended prior to the submission of a design. A priced schedule of works within the road reserve and the payment of Council’s engineering fees of 3.25% of the cost of works are required to be submitted prior to approval.

7. The entry/exit driveway of the of the basement car park must incorporate an apex no less than 100mm above existing back of footpath on Turakina Avenue or implement an alternative engineering solution for major flooding, approved by the Council.

8. The levels at site boundaries must not be altered.

9. The development of the site must be provided with stormwater treatment works which must incorporate water sensitive urban design principles (including re-use) to improve discharge quality and a detention system for any increase in runoff as a result of the approved development. The system must be maintained to the satisfaction of the Responsible Authority. Council’ s Development Engineer can advise on treatment options.

10. Before the development commences, a drainage plan showing the method of treatment and discharge to the nominated point must be prepared to the satisfaction of the Responsible Authority. The plan must be prepared by a qualified person and show all details of the proposed drainage works, including all existing and proposed features that may have impact on the drainage (e.g. trees to be retained, crossings, services, fences, abutting buildings, existing boundary surface levels, etc.).

11. Stormwater drainage of the site must be provided so as to prevent overflows onto adjacent properties.

12. Construction on the site must be restricted to the following times:

a) Monday to Friday: 7:00am to 7:00pm;

b) Saturday: 9:00am to 6:00pm; and

c) Sunday and Public Holidays: No construction permitted.

Or otherwise as approved by the Responsible Authority in writing. 13. Prior to the occupation of the dwellings hereby permitted, or by such later date as is

approved by the Responsible Authority in writing, the nature strip, kerb and channel, vehicle crossover and footpath must reinstated to the satisfaction of the Responsible Authority.

14. Any existing vehicular crossing not in accordance with the endorsed plan must be

removed and the kerb reinstated in a manner satisfactory to the Responsible Authority and any proposed vehicular crossing must be fully constructed to the Responsible Authority’s standard specification.

15. Prior to the occupation of the dwellings hereby permitted, all boundary fences must be

repaired and/or replaced as necessary to the satisfaction of the Responsible Authority, at the cost of the applicant/owner.

16. Prior to the occupation of the dwellings hereby permitted, areas set aside for parking

vehicles, access lanes and paths as shown on the endorsed plans must be:

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a) Constructed to the satisfaction of the Responsible Authority.

b) Properly formed to such levels that they can be used in accordance with the plans.

c) Surfaced in in an all weather coloured concrete seal-coat, to the satisfaction of the Responsible Authority.

d) Drained and maintained to the satisfaction of the Responsible Authority.

Parking areas and access lanes must be kept available for these purposes at all times and maintained to the satisfaction of the Responsible Authority.

17. All works on or facing the boundaries of adjoining properties must be finished and surface cleaned to a standard that is well presented to neighbouring properties in a manner to the satisfaction of the Responsible Authority.

18. All piping and ducting above the ground floor storey of the development (other than rainwater guttering and downpipes) must be concealed to the satisfaction of the Responsible Authority.

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

20. In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies:

The development is not started within two (2) years from the date of permit issue.

The development is not completed within four (4) years from the date of permit issue.

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 before the permit expires, or within three months afterwards.

Note: Prior to the commencement of the development you are required to obtain the necessary Building Permit.

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

Note: 3mx3m splay must be created at the corner of Turakina avenue and Bank Road on the subdivision plan.

Note: Fence adjacent to the vehicle access max. 1.2m high or 1.5mx1.5m splay is required.

Or

Should Council resolve not to support the application, that a Notice of Refusal to Grant a Permit be issued on the following grounds:

1. The proposal would have an adverse affect on the amenity of the area.

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2. The proposal constitutes an overdevelopment of the site.

3. The proposal would detract from the visual amenity of the locality and the streetscape.

4. The proposal is inconsistent with the relevant policies under Clause 19.03 (Design and Built Form) of the Kingston Planning Scheme.

5. The proposal does not provide sufficient car parking for the proposed use in this location.

The meeting was addressed on behalf of the objectors by Trish Booth and on behalf of the applicant by Vladimir Chernov. Crs Shewan/Bauer That the Council resolve to not support the application, that a Notice of Refusal to Grant a Permit be used on the following grounds: 1. The proposal would have an adverse affect on the amenity of the area. 2. The proposal constitutes an overdevelopment of the site. 3. The proposal would detract from the visual amenity of the locality and the

streetscape. 4. The proposal is inconsistent with the relevant policies under Clause 19.03 (Design

and Built Form) of the Kingston Planning Scheme. 5. The proposal does not provide sufficient car parking for the proposed use in this

location.

Carried

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M 105 KP725/09 – 142-143 Nepean Highway, Aspendale APPLICANT Neil Fletcher Design Pty Ltd ADDRESS OF LAND 142 and 143 Nepean Highway, ASPENDALE VIC

3195 (Lots 4 and 5 on PS 5533) PROPOSAL MIXED USE DEVELOPMENT PLANNING OFFICER Anna Moore REFERENCE NO. KP-725/2009 RELEVANT STATE PLANNING POLICY FRAMEWORK

Clause 12: Metropolitan Development Clause 14: Settlement Clause 15: Environment Clause 16: Housing Clause 17: Economic Development Clause 18: Infrastructure Clause 19: Particular Uses & Development

RELEVANT LOCAL PLANNING POLICY FRAMEWORK

Clause 21.03: Land Use Challenges for The New Millennium

Clause 21.04: Vision Clause 21.05: Residential Land Use Clause 21.06: Retail and Commercial Land Use Clause 21.12: Transport, Movement and Access Clause 22.11: Residential Development Policy

ZONE B1Z OVERLAYS DD07,DD01 PARTICULAR PROVISIONS Clause 52.06 - Car Parking

Clause 52.07 - Loading and Unloading of Vehicles Clause 52.29 - Land Adjacent to a Road Zone, Category 1 or a Public Acquisition Overlay for a Category 1 Road

GENERAL PROVISIONS Clause 65: Decision Guidelines CONSIDERED PLAN REFERENCES/DATE RECEIVED

Drawing No.932, Sheets 4-11 (inclusive) Amendment D, date stamped by Council 29.04.10

1.0 KEY ISSUES 1.1 The key planning issues arising from this proposal relate to:

Traffic considerations Amenity impact (internal and external) Urban design

2.0 PROPOSAL (AS AMENDED 29.04.10) 2.1 It is proposed to demolish the existing single storey shop and dwellings on the land

and construct two (2) shops and fourteen (14) dwellings on this site, within a two-storey building with shared basement car park.

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2.2 The applicant has submitted revised plans which seek to address concerns raised by Council Officers following advertising of the proposal. It is these revised plans that now form the basis of this recommendation to Council. The primary issue rectified by the amended proposal relates to the height of the building in the context of Design and Development Overlay, Schedule 1 (Urban Coastal Height Control).

2.3 The building would occupy 94 percent of the site, and is built to the site’s front

(Nepean Highway) property boundary, with balconies overhanging the front boundary at first floor level.

2.4 Above the basement car park, two (2) shops would be located at the site’s Nepean

Highway property frontage, of 77 square metres and 52 square metres in floor area, respectively. Seven (7) apartment-style dwellings are provided directly to the rear of the shops at ground floor level, and seven (7) apartment-style dwellings would be provided at first floor level. The dwellings would each be provided with private open space in the form of balconies and/or roof top decks, ranging from between 8.2 to 22 square metres in area.

2.5 Analysing each level of the development, the following summarises the proposal:

Basement: Vehicle access to the site is proposed at the west (rear) property boundary

from a right-of-way, via a ramp to the basement car park. The basement car parking area includes:

o Twenty-one (21) car parking spaces (including 2 commercial car spaces and 1 visitor space);

o Eighteen (18) elevated storage compartments; o Seven (7) bicycle racks; o A plant room; and o Two stairwells providing access to the levels above.

Ground Level: Two (2) shops fronting Nepean Highway; A centrally located entry foyer and breezeway from Nepean Highway

providing pedestrian access to the dwellings; Seven (7) dwellings; Two stairwells providing access to the levels above and below; and A general waste storage and recycling bin area adjacent to the right-of-way at

the site’s west (rear) property boundary. First Floor Level: Seven (7) dwellings; A central access breezeway; and Two stairwells providing access to the levels below.

2.6 The proposed development has a maximum height of 8.95 metres to the top of the

stair providing access to dwelling 13’s roof top deck, however it should be noted that the bulk of the building is under 8 metres in height (please refer elevations).

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2.7 Habitable room windows and balconies that have a direct outlook towards adjoining residential private open space areas or habitable room windows have been screened accordingly. The screening of dwelling 8 and dwelling 12’s roof top decks is discussed in the following sections of this report.

2.8 The building would be contemporary in appearance, with flat roof and varying

external materials, finishes and colours are proposed, including render, feature brickwork and cladding, aluminium window frames and balustrades, fixed louvre screening, and glazing etc. Please refer to the external finishes legend on the considered plans for further details regarding the cosmetic treatment to all external facades.

2.9 The following development summary provides further detail on each of the proposed

dwellings: Dwelling Floor Area

(excluding garage / verandah)

Private Open Space No. of Bedrooms proposed

No. of Car Parking Spaces provided

1 68.0m² 10.0m² balcony 1 1 2 64.2m² 10.0m² balcony 1 1 3 64.2m² 10.0m² balcony 1 1 4 64.2m² 10.0m² balcony 1 1 5 74.0m² 17.0m² balcony 1 1 6 64.2m² 10.0m² balcony 1 1 7 64.2m² 10.0m² balcony 1 1 8 70.0m² 21.0m² balcony and 22.0m² roof

top deck 2 1

9 50.0m² 8.2m² balcony 1 1 10 50.0m² 8.2m² balcony 1 1 11 55.0m² 16.0m² balcony 1 1 12 80.0m² 8.3m² and 8.2m² balconies and

13.6m² roof top deck 2 1

13 85.0m² 16.2m² balcony and 20.8² roof top deck

2 1

14 57.0m² 15.0m² balcony 1 1 3.0 SITE & SURROUNDS 3.1 The site comprises of two rectangular parcels of land on the north-west side of

Nepean Highway, Aspendale. The site has an overall area of 817.2m², with a frontage of 24.38 metres to Nepean Highway and a depth of 33.52 metres.

3.2 The site is currently occupied by a single storey dwelling on 142 Nepean Highway,

set back 12.2 metres from the site’s Nepean Highway street frontage. A single storey commercial premises is located on 143 Nepean Highway, built to part of the site’s Nepean Highway frontage, and a single storey dwelling adjoining to the rear of this premises, is set back 7.7 metres from the street frontage.

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3.3 The subject site, and land adjoining to the north and south is located within a Business 1 Zone, and land to the west is located within a Residential 1 Zone. Nepean Highway, adjoining to the east, is within a Road Zone Category 1.

3.4 The surrounding area typically comprises both residential and commercial premises.

Beyond the 3.0 metre right-of-way adjoining the site’s west property boundary, are the rear of residential properties fronting Foster Street and Groves Street (No.2 Foster Street, and No.1 Groves Street). The adjoining property to the north of the subject site, on the corner of Nepean Highway and Foster Street, is a single storey building used as a Mexican restaurant (No.141 Nepean Highway). Adjoining to the south are two, two-storey commercial buildings, set back 6.25 metres from Nepean Highway, with a car parking area located within its front setback area (No.144 and No.145 Nepean Highway). Further south, on the corner of Nepean Highway and Groves Street, is a two-storey apartment building with roof top decks (No.147 Nepean Highway). The Aspendale railway station is located directly opposite the site, on the eastern side of Nepean Highway.

4.0 TITLE DETAILS 4.1 The Permit Applicant has completed the planning application form declaring that

there is no restrictive covenant on the title. 5.0 PLANNING CONTROLS 5.1 The subject site is located within a Business 1 Zone and is subject to Design and

Development Overlays, Schedule 1 and 7.

5.2 Nepean Highway is identified in a Road Zone Category 1. 6.0 PLANNING PERMIT REQUIREMENTS

Business 1 Zone: 6.1 Pursuant to Clause 34.01-4 (Business 1 Zone), a planning permit is required to

construct a building or construct and carry out works. 6.2 Pursuant to Clause 34.01 (Business 1 Zone), a planning permit is not required to use

the site for a dwelling(s), as the frontage at ground floor level does not exceed 2 metres.

6.3 Pursuant to 34.01 (Business 1 Zone), a planning permit is not required to use the site

for a shop(s). Design and Development Overlay 1:

6.4 Pursuant to Clause 43.02 (Design and Development Overlay, Schedule 1), a planning permit is not required to construct a building or construct and carry out works provided that a number of conditions are met, namely (where relevant): A building which has an internal storey height (measured from floor to ceiling) of

3.5 metres or less. This internal storey height requirement does not include stairwells and lightwells which comply with the overall height requirements.

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Further, a permit cannot be granted to construct a building or to construct or carry out works which are not in accordance with the following requirement: A building must not be greater than 2 storeys in height (which may include a

basement carpark with a maximum height of 1.2 metres above natural ground level).

The current application accords with the requirements outlined above.

6.5 Pursuant to Clause 43.02 (Design and Development Overlay, Schedule 7), a planning

permit must not be granted to construct a building or construct or carry out works within 4.5 metres of the foreshore reserve boundary.

The subject site does not abut the foreshore reserve, and therefore is set back well in excess of 4.5 metres.

Particular Provisions: 6.6 Pursuant to Clause 52.06 (Car Parking), a planning permit is required to vary the car

parking requirement in the table to Clause 52.06-5. 6.7 Pursuant to Clause 52.07 (Loading and Unloading of Vehicles), a planning permit is

required to waive the loading bay requirement. 6.8 Pursuant to Clause 52.29 (Land Adjacent to a Road Zone Category 1), a planning

permit is required to alter an access to a Road Zone Category 1. 7.0 RELEVANT HISTORY 7.1 Planning Permit KP63/04 was issued by the City of Kingston on 2 June 2004 for the

construction of buildings and works comprising two (2) shops and a residential dwelling above, on 142 Nepean Highway, Aspendale. This development was not commenced and has since expired.

8.0 ADVERTISING 8.1 Prior to advertising, the Permit Applicant submitted revised plans on 1 December

2009 that essentially sought to address some of the initial concerns outlined within the Planning Officer’s further information letter. It is these plans that formed part of the advertising documentation.

8.2 Subsequent to the advertising of the proposal, the applicant submitted revised plans

on 29 April 2010 which sought to address concerns raised by Council Officers. The changes included:

The addition of two (2) car spaces in the basement car park; The removal of the mezzanine level and subsequent reduction in the

overall height of the building and altered roof form; The loss of one (1) dwelling at first floor level;

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The internal amenity improved in a number of dwellings due to improved access to daylight; and

Associated internal and external rearrangements to cater for the above, including increased setbacks from the site’s rear property boundary at first floor level.

8.3 It is these plans that were submitted after advertising which form the basis of this

recommendation, and are under consideration by Council. 8.4 It was not considered necessary for the amended plans to be readvertised to

neighbouring properties, given that the amendments to the proposal are not considered to result in any increased detriment, and have been prepared primarily to rectify issues identified by Council Officers.

8.5 The proposal was advertised by sending notices to adjoining and opposite property

owners and occupiers and by maintaining a notice on site for fourteen (14) days. Eight (8) formal objections to the proposal were received. The valid grounds of objection raised are summarised as follows:

Traffic, parking and access concerns; Overdevelopment; Overlooking/loss of privacy; Noise disturbance; Visual bulk; Inadequate landscaping and private open space; Inadequate waste collection arrangements; and Impact of existing adjoining restaurant on the amenity of dwellings.

8.6 The following objections raised are not valid planning considerations:

Devaluation of property; Impact of proposal on future development proposal on adjoining property; Concerns relating to property damage during construction – building

regulations. 9.0 PRELIMINARY CONFERENCE 9.1 A preliminary conference was held on 18 March 2010, with the relevant Planning

Officer, one Ward Councillor, the Permit Applicant and owner and ten (10) objectors in attendance. The above-mentioned issues were discussed at length.

9.2 The above concerns were unable to be resolved at the preliminary conference, and the

objections still stand. 10.0 REFERRALS 10.1 The following internal and/or external referral departments were notified:

Council’s Development Engineer Council’s Vegetation Management Officer

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Council’s Waste Management Officer VicRoads

10.2 The above-mentioned referral authorities had no objection to the proposal, subject to

conditions being included on any permit issued. 11.0 RELEVANT POLICIES 11.1 State Planning Policy Framework (SPPF)

Clause 12 (Metropolitan Development) Clause 14 (Settlement) Clause 15 (Environment) Clause 16 (Housing) Clause 17 (Economic Development) Clause 18 (Infrastructure) Clause 19 (Particular Uses and Development)

11.2 Local Planning Policy Framework (LPPF) Clause 21.04 (Vision) Clause 21.05 (Residential Land Use) Clause 21.06 (Retail and Commercial Land Use) Clause 21.12 (Transport, Movement and Access) Clause 22.11 (Residential Development Policy)

11.3 Particular Provisions

Clause 52.06 (Car Parking) Clause 52.07 (Loading and Unloading of Vehicles) Clause 52.29 (Land adjacent to a Road Zone)

11.4 General Provisions

Clause 65 (Decision Guidelines)

12.0 PLANNING CONSIDERATIONS:

The following section will consider the application against the relevant sections of the State Planning Policy Framework (SPPF), Local Planning Policy Framework (LPPF), zone objectives and particular provisions of the Kingston Planning Scheme.

12.1 State Planning Policy Framework

The SPPF are rather broad policies which are essentially the framework by which local policies are derived from. The following is, therefore, a brief comment of the relevant polices.

Clause 12: Metropolitan Development:

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Clause 12.01: A More Compact City

This seeks to facilitate sustainable development that takes full advantage of existing settlement patterns, and investment in transport and communication, water and sewerage and social facilities, and locate a substantial proportion of new housing in or close to activity centres and other strategic redevelopment sites that offer good access to services and transport.

Clause 12.05: A Great Place To Be

This seeks to create urban environments that are of better quality, safer and more functional, provide more open space and an easily recognisable sense of place and cultural identity. It promotes issues of good urban design, recognition and protection of cultural identity, neighbourhood character, sense of place heritage, improvement of community safety.

Clause 12.06: A Fairer City

This seeks to increase the supply of well located and affordable housing by encouraging a significant proportion of new development, including development activity centres and strategic redevelopment sites, to be affordable for households on low to moderate incomes.

Clause 12.07: A Greener City

This seeks to minimise impacts on the environment by reducing the amount of waste generated, reducing energy usage, manage water use and reduce the impact of stormwater on bays and catchments.

In general, the proposal is considered to satisfy the above listed objectives. The site is within a Neighbourhood Activity Centre and would provide for additional housing which can take full advantage of public transport, commercial facilities and recreation facilities, all with minimal reliance on car usage, and therefore, lesser energy consumption.

Clause 14: Settlement

One of the key objectives under Clause 14.01 of the Kingston Planning Scheme aims ‘to ensure a sufficient supply of land is available for residential, commercial, industrial, recreational, institutional and other public use’.

The proposal is considered to satisfy this objective by maintaining and intensifying the commercial component of the site while providing a new residential component on the site in the form of apartment style dwellings.

Clause 15: Environment

Clause 15.12: Energy Efficiency

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The key objective of this Clause is ‘to encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions’.

Further, planning and responsible authorities should:

Promote energy efficient building design Promote consolidation of urban development and integration of land use and

transport

It is considered that the nature of the proposed development generally accords with the above strategies for general implementation.

Clause 16: Housing

Clause 16.02: Medium Density Housing

This policy aims to encourage the development of well-designed medium density housing which respects the character of the neighbourhood, improves housing choice, makes better use of existing infrastructure and improves energy efficiency of housing.

It is considered that the development generally accords with this objective by providing a range of dwellings for smaller households, in an area with excellent access to public transport and other community infrastructure.

Clause 17: Economic Development

Clause 17.01: Activity Centres

The key policy objective includes an aim ‘to encourage the concentration of major retail, commercial, administrative, entertainment and cultural developments into activity centres (including strip shopping centres) which provide a variety of land uses and are highly accessible to the community’

The proposal would provide additional commercial opportunities to Aspendale Activity Centre, through the provision of two shop premises on the site.

Clause 18: Infrastructure

Clause 18.02: Car Parking And Public Transport Access To Development

This policy aims to ensure that new developments are provided with good access and that new developments take advantage of all available modes of transport to minimise impact on existing transport networks and the amenity of the surrounding areas.

The proposal is located directly opposite the Aspendale Railway Station. There is excellent access to railway services as well as bus services. The site is located within the Aspendale Neighbourhood Activity Centre and therefore takes advantage of pedestrian movements within the Activity Centre. Car parking is also provided on site within a basement. Overall, it is considered that the site’s location within the

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Aspendale Activity Centre takes advantage of all major forms of public and private transportation services available including train, bus, private vehicle, walking and bicycle etc.

Clause 19: Particular Uses And Development

Clause 19.03: Design And Built Form

It is policy to achieve high quality urban design and architecture that reflects the particular characteristics, aspirations and cultural identity of the community. Pursuant to Clause 19.03, the following design principles are relevant to this application:

Context

It is policy that:

development must take into account the natural, cultural and strategic context of

its location.

The site is located within the Aspendale Activity Centre which has been identified as a Neighbourhood Activity Centre in the Kingston Planning Scheme. A more intensive type of development is expected within all Activity Centres. It is considered that the proposal adequately satisfies the above provision.

The Public Realm

It is policy that:

the public realm, which includes main pedestrian spaces, streets, squares, parks

and walkways, should be protected and enhanced.

It is considered that the proposed development will provide a positive contribution to the public realm. It is considered that the streetscape is capable of absorbing a building of the scale and contemporary detailing proposed, and will form a welcome addition to assist in consolidating this section of the Business 1 Zone.

Safety

It is policy that:

new development should create urban environments that enhance personal safety

and property security and where people feel safe to live, work and move in at any time.

It is considered that the hard-edge of the building along the street frontage will create an improved sense of personal safety for pedestrians, with fewer opportunities for persons to hide from view. It should also be noted that surveillance of the street and Aspendale Railway Station would be enhanced through the provision of habitable windows and balconies at the site’s street (Nepean Highway) elevation.

Landmarks, Views And Vistas

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It is policy that:

landmarks, views and vistas should be protected and enhanced or, where

appropriate, created by new additions to the built environment.

It is considered that the proposal does not appear to raise any issues in this respect.

Pedestrian Spaces

It is policy that:

the design of the relationship between buildings and footpaths and other pedestrian spaces, including the arrangement of adjoining activities, entrances, windows, and architectural decoration, should enhance the visual and social experience of the observer.

It is considered that the proposal has adequately addressed the above provision. The zero-lot line at the site’s street elevation is considered appropriate in the context of the Business 1 Zone and will assist in consolidating the shopping precinct. The quality of the pedestrian space will be further improved by the use of colours, materials and building forms which complement the Aspendale Activity Centre, including the railway station directly opposite.

Consolidation Of Sites And Empty Sites

It is policy that:

new development should contribute to the “complexity” and diversity of the built

environment; and site consolidation should not result in street frontages that are out of keeping with

the “complexity” and “rhythm” of existing streetscapes.

The two-storey height, retail interfaces at the ground floor and zero-lot line proposed to the site’s Nepean Highway frontage is considered to be wholly in keeping with the “complexity” and “rhythm” of the Aspendale Activity Centre.

Light And Shade

It is policy that:

the enjoyment of the public realm should be enhanced by a desirable balance of

sunlight and shade; and this balance should not be compromised by undesirable overshadowing or

exposure to the sun.

It is considered that the proposal should not adversely affect the enjoyment of the public realm with respect to its shadowing impact.

Energy And Resource Efficiency

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It is policy that:

all buildings, subdivisions and engineering works should promote more efficient

use of resources and energy efficiency.

It is considered that the nature of the proposed development generally accords with the above provision by incorporating a mix of uses including commercial and residential uses in the one building, located within close proximity to a range of public services and infrastructure.

Architectural Quality

It is policy that:

new development should aspire to the high standards in architecture and urban

design; and any rooftop plant, lift over-runs, service entries, communication devices, and

other technical attachment should be treated as part of the overall design.

It is considered that the proposal demonstrates a reasonable level of architectural and urban design merit. The combination of rendered blockwork, face blockwork, cladding, glazing and feature brickwork, as well as parapet elements and varied fenestration patterns articulate the building to ensure that it would form an interesting and appealing addition to the Aspendale shopping precinct.

Landscape Architecture

It is policy that:

recognition should be given to the setting in which buildings are designed and the

integrating role of landscape architecture.

Whilst the proposal does not provide for landscaping opportunities at ground floor level, the design of the building is considered wholly appropriate in the context of the Business 1 Zone and the Aspendale shopping centre. In summary, it is considered that the proposed development generally complies and satisfies the State and Local Planning Policy Framework guidelines which aim to encourage well-designed medium density housing and commercial premises in appropriate locations.

12.2 Local Planning Policy Framework

Clause 21.04: Vision

This policy sets out the main land use themes within the City of Kingston which includes residential land uses, retail and commercial land uses, industrial land uses, foreshore land uses and wetlands and waterways land uses. As relevant to this application, the broad direction of overall strategic framework plan identifies this

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section of Aspendale as an area for the promotion of medium density housing opportunities. It is considered that the proposal is in accordance with the broad direction set by this policy.

Clause 21.05: Residential Land Use

The Municipal Strategic Statement identifies a number of key policy objectives for future residential land use planning within the City of Kingston. As relevant to this application, these include:

to provide a wide range of housing types across the municipality to increase

housing diversity and cater for the changing needs of current and future populations, taking account of the differential capacity of local areas in Kingston to accommodate different types and rates of housing change;

to ensure new residential development respects neighbourhood character and is site responsive, and that medium density dwellings are of the highest design quality;

to preserve and enhance well landscaped/vegetated environments and protect identified significant vegetation;

to promote more environmentally sustainable forms of residential development; to manage the interface between residential development and adjoining or nearby

sensitive/strategic land uses; and to ensure residential development does not exceed known physical infrastructure

capacities.

Relevant strategies to achieve these objectives (as relevant to this application) include:

Encourage residential development within activity centres via shop-top housing and mixed use developments, and on transitional sites at the periphery of activity centres. The intensity and scale of such development will need to be in keeping with the scale of these centres;

Promote new residential development which is of a high standard, responds to the local context and positively contributes to the character and identity of the local neighbourhood;

Promote new residential development which provides a high standard of amenity and quality of life for future occupants;

Ensure that the planning, design, siting and construction of new residential development responds to best practice environmental design guidelines for energy efficiency, waste and recycling, and stormwater management;

Promote medium density housing development in close proximity to public transport facilities, particularly train stations;

Ensure that where medium and higher density residential areas are proposed adjacent to lower density residential areas, the design of such development takes proper account of its potential amenity impacts; and

Require the provision of car parking to satisfy the anticipated demand having regard to average car ownership levels in the area, the environmental capacity of the local street network and the proximity of public transport and nearby on and off street car parking.

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It is considered that the proposed development would satisfy the broader strategic objectives as outlined in Council’s Municipal Strategic Statement, through the provision of medium density housing and mixed use developments in Activity Centres such as the current proposal. It is considered that the proposal creates an adequate standard of amenity for the future occupants of each of the proposed dwellings, as well as for occupants of existing dwellings in the immediate area. The proposed development seeks to incorporate colours and materials which complement the existing character of the Aspendale Activity Centre and the broader local neighbourhood. Therefore, it is considered that the proposal adequately satisfies the abovementioned provisions.

Clause 21.06: Retail And Commercial Land Use

Aspendale is identified as being a neighbourhood centre on Council’s Retail and Commercial Land Use Framework Plan. It is policy to promote mixed use precincts around key Activity Centres which encourage a broader range of cultural, social, commercial and higher density housing opportunities to complement retail functions of activity centres and enhance their economic vitality. Furthermore, strategic direction for Aspendale as a Neighbourhood Centre is to promote a wider mix of commercial, retail, residential and community facilities to enhance their attractiveness as local community centres, and to encourage built form to be consistent with the neighbourhood character of the centres and the largely local function. It is considered that the proposal is in accordance with the abovementioned policy directions. The proposal provides additional commercial opportunities to an existing Activity Centre, and the building is designed to be in scale and in keeping with the character of the precinct.

Clause 21.12: Transport, Movement And Access

As relevant to this application, it is policy to:

create a safe, convenient and efficient road network based on functional hierarchy

of local and regional road linkages, which meets the transport and freight needs of Kingston’s residents, businesses and through traffic; and

integrate public transport, road, pedestrian and cycle systems with activity centres, schools and other community and social infrastructure, as a means of providing equitable and safe vehicular, pedestrian and cyclist movement and access for the community.

It is considered that the proposal is in accordance with the abovementioned policy directions. The proposal is located within the existing Aspendale Activity Centre and takes advantage of the road, pedestrian and public transport networks which exist within the centre. The proposal builds on the policy directions set out in the State and the Local Planning Policy Frameworks and provides a development which provides a variety of uses including commercial and residential with good access to a variety of transport modes including public and private transport. Therefore, it is considered that the proposal adequately satisfies the abovementioned provisions.

Clause 22.11: Residential Development Policy

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This policy applies where a permit is required to, amongst other things, construct two (2) or more dwellings on a lot.

The purpose of this policy is “to identify those locations where increased housing diversity, incremental housing change, minimal housing change and residential renewal will be encourage and provide policy guidance on how development design should respond to meet the desired objectives”. Although the subject site is not zoned residential, the subject site is located within a designated Increased Housing Diversity Area. Increased Housing Diversity Areas encourage increased housing densities as well as promoting a wider range of housing sizes and types, particularly in areas that are within convenient walking distances to public transport networks and activity centres.

Further, ‘the Residential Strategy encourages new residential development to respect neighbourhood character and medium density dwellings to be of the highest quality in the design and with the minimal impact on off-site amenity’. The key objective of this policy is ‘To promote a managed approach to housing change, taking account of the differential capacity of local areas in Kingston to accommodate increased housing diversity, incremental housing change, residential renewal or minimal housing change, as identified within the MSS’.

In considering the abovementioned objective, the following policy requirements are applicable in the consideration of this application:

Encourage well-articulated and graduated elevations in order to avoid ‘box-like’

double-storey designs, thus reducing visual bulk; and Ensure that the siting of new buildings respects the amenity of adjoining

neighbours with regard to rear yards and garden outlooks from habitable living room windows.

Although the proposal is two (2) storey in scale with a site coverage of approximately 94%, it is considered that there is a high degree of articulation through varied setbacks (particularly to the adjoining residential properties to the west of the subject site), recessed and protruding elements and the use of varied building materials by which the proposal would avoid a ‘box like’ appearance. It should be noted that this site is located within a Business 1 zone, and has no direct interface with a residential zone to three (3) of the site’s four (4) property boundaries.

Overall, it is considered that the proposal adequately satisfies the provisions of the Residential Development Policy.

12.3 Zoning Provisions

Clause 34.01: Business 1 Zone

The subject site is zoned Business 1. The purpose of the Business 1 Zone is:

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To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies; and

To encourage the intensive development of business centres for retailing and other complementary commercial, entertainment and community uses.

Pursuant to Clause 34.01 of the Kingston Planning Scheme, a Planning Permit is required to:

use the site for a dwelling(s); and construct a building or construct or carry out works.

It is noted that the proposed shops are an ‘as of right’ (Section 1) use and does not require a Planning Permit, so too is the use of the site for dwellings, as the frontage at ground floor level does not exceed 2 metres.

In addition to the decision guidelines in Clause 65, the following decision guidelines must be considered before deciding on an application:

The State Planning Policy Framework and the Local Planning Policy Framework,

including the Municipal Strategic Statement and local planning policies; The movement of pedestrians and cyclists, and vehicles providing for supplies,

waste removal, emergency services and public transport; The provision of car parking; The interface with adjoining zones, especially the relationship with residential

areas; The streetscape, including the conservation of buildings, the design of verandahs,

access from the street front, protecting active frontages to pedestrian areas, the treatment of the fronts and backs of buildings and their appurtenances, illumination of buildings or their immediate spaces and landscaping of land adjoining a road;

The storage of rubbish and materials for recycling; Defining the responsibility for the maintenance of buildings, landscaping and

paved areas; The availability of and connection to services; The objectives, standards and decision guidelines of Clause 54 and Clause 55;

and The design of buildings to provide for solar access.

It is considered that the proposed development is consistent with the purpose of the zone and policy directions of the State and Local Planning Policy Framework, including the Municipal Strategic Statement.

12.4 Overlay Provisions

It is considered that the proposed development satisfies the following overlay requirements:

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Design and Development Overlay, Schedule 1 - Pursuant to Clause 43.02, a planning permit is not required to construct a building or construct and carry out works provided that a number of conditions are met, namely (where relevant): A building which has an internal storey height (measured from floor to ceiling) of

3.5 metres or less. This internal storey height requirement does not include stairwells and lightwells which comply with the overall height requirements.

Further, a permit cannot be granted to construct a building or to construct or carry out works which are not in accordance with the following requirement: A building must not be greater than 2 storeys in height (which may include a

basement carpark with a maximum height of 1.2 metres above natural ground level).

The current application accords with the requirements outlined above.

Design and Development Overlay, Schedule 7 - Pursuant to Clause 43.02, a planning permit must not be granted to construct a building or construct or carry out works within 4.5 metres of the foreshore reserve boundary.

The subject site does not abut the foreshore reserve, and therefore is set back well in excess of 4.5 metres.

12.5 Particular Provisions

Clause 52.06: Car Parking

The purpose of the car parking provisions as relevant to this application is to:

To ensure that car parking facilities are provided in accordance with the State Planning Policy Framework and the Local Planning Policy Framework including the Municipal Strategic Statement and local planning policies;

To ensure the provision of an appropriate number of car spaces having regard to the activities on the land and the nature of the locality; and

To ensure that the design and location of car parking areas: o Does not adversely affect the amenity of the locality, in particular the

amenity of pedestrians and other road users; o Achieves a high standard of urban design; o Creates a safe environment for users, particularly at night; o Enables easy and efficient use; o Protects the role and function of nearby roads; and o Facilitates the use of public transport and the movement and delivery of

goods.

Clause 52.06 of the Kingston Planning Scheme sets out the number of car parking spaces required for various uses. A permit may be granted to reduce or waive the number of car parking spaces required under Clause 52.06 of the Kingston Planning

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Scheme. Where a use is not specified, an adequate number of car spaces must be provided to the satisfaction of the Responsible Authority.

The decision guidelines of Clause 52.06 of the Kingston Planning Scheme state that before a requirement for car spaces is reduced or waived, the applicant must satisfy the Responsible Authority that the reduced provision is justified due to:

Any relevant parking precinct plan; The availability of car parking in the locality; The availability of public transport in the locality; Any reduction in car parking demand due to the sharing of car spaces by multiple

uses, either because of variation of car parking demand over time or because of efficiencies gained from the consolidation of shared car parking spaces;

Any car parking deficiency or surplus associated with the existing use of the land; Any credit which should be allowed for a car parking demand deemed to have

been provided in association with a use which existed before the change of parking requirement;

Local traffic management; Local amenity including pedestrian amenity; An empirical assessment of car parking demand; and Any other relevant consideration.

As discussed previously, the application was referred to Council’s Traffic Engineers for their comment and advice. An assessment of the car parking and traffic implications of the proposal is detailed below.

Under the provisions of Clause 52.06, car parking should be provided at the following rates:

Shop – 8 car spaces to each 100m² of leasable floor area; and Dwelling - 2 car spaces per dwelling

The table below summarises the provision of on-site car parking provided by the proposed development.

PROPOSED USE NO. OF SPACES

REQUIRED NO. OF SPACES PROVIDED

Residents (14 dwellings)

24 18

Shop 10 2 Visitors 0 1 Total 34 car spaces 21 spaces

Based on the requirements of Clause 52.06 of the Kingston Planning Scheme, a total of 34 car spaces should be provided for the development. Accordingly, the application seeks a car parking reduction in the order of 13 car spaces.

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The following provides a discussion of the car parking provision of the two components of the development – the Shops, and the Dwellings.

1. Shops The permit applicant has submitted that widely accepted parking surveys undertaken by traffic engineering consultants indicate that the planning scheme rate for shops is excessive, with shops typically generating a parking demand of 3 to 4 spaces per 100m². Further, it is suggested that given the subject site’s proximity to other retail development and public transport, the lesser rate is considered more appropriate to be applied in this instance. Therefore, based on a combined floor area of 129m², the retail component of the proposal would generate a car parking demand of 4 car spaces. The applicant has suggested that each tenancy is likely to generate a staff parking demand of one (1) space and a customer parking demand of one (1) space.

Two (2) car spaces are proposed to be provided within the basement car park for this component of the development. It is considered that this is sufficient to satisfy the long-term parking demand for two staff (one for each shop). It is recommended that a permit condition require these two spaces to be suitably indicated on the plans as staff parking. While no on-site car parking has been provided for customer use, it is noted that the peak parking demand for the commercial tenancies would typically occur during the day time, when visitor parking demand associated with the dwellings and surrounding residential area is lower. The current use of the existing unrestricted parking spaces in the locality (particularly Foster Street and Groves Street) is high, and therefore should not be relied upon to cater for the expected car parking demands of the proposal. However, it is noted that there are a number of restricted car spaces in Foster Street and Nepean Highway which should satisfy any additional parking demand generated by customers of the commercial tenancies. Furthermore, the proposal will provide an additional restricted (1hr) on-street car space on Nepean Highway, as a result of the removal of the existing crossing.

Further, it should be noted that the previous use of the site at 143 Nepean Highway as a dental prosthetist provided no on-site car parking, and therefore the site would enjoy a car parking ‘credit’ of at least 5 car spaces (5 car spaces per practitioner).

2. Dwellings Pursuant to Clause 52.06-5 of the Kingston Planning Scheme, two (2) car parking spaces are required to be provided on site for each dwelling. It is considered that the ResCode requirement at Clause 55.05 (which is not strictly applicable to this proposed development) provides a better representation of the likely car parking demand for this component of the development, especially given the site’s location directly opposite Aspendale Railway Station. In accordance with ResCode, a minimum of one (1) car space should be provided for each (1 or 2 bedroom) dwelling which generates a need for fourteen (14) car spaces to be provided on site. Furthermore, a requirement of one (1) visitor space to every

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five (5) dwellings would also be required, with the peak visitor demands typically expected to occur after hours and on weekends. Therefore, a total of two (2) visitor car parking spaces are required to be provided as part of this component of the development. Accordingly, a car parking requirement in the order of sixteen (16) car spaces is generated for the residential component of the development, using the provisions of ResCode.

The development is provided with eighteen (18) designated residential car spaces and one (1) visitor car space. The development contains 3 x 2-bedroom dwellings, and 11 x 1-bedroom dwellings. The nineteen (19) residential car spaces provided for the residential component of the development is therefore in excess of sixteen (16) car space requirement generated using ResCode. Despite the development’s compliance with the provisions of ResCode as stated above, given the site’s proximity to the foreshore and the lack of available long-term car spaces in nearby streets, it is considered appropriate that each two-bedroom dwelling within the development be allocated two (2) car spaces, given the likelihood of occupants of these dwellings having two cars. The one-bedroom dwellings should be allocated one (1) car space, and the additional two car spaces allocated as visitor car parking. A permit condition is recommended to this effect.

Overall, having regard to the following;

the proposed uses within the development; the size of the proposed dwellings (one and two bedroom apartments); the overall number of car spaces provided; the car parking rates as detailed above; the site’s location within an Activity Centre; and the various modes of public transport available in close proximity to the site.

It is considered that the proposal adequately satisfies the objectives of Clause 52.06 of the Kingston Planning Scheme and that the proposal provides an adequate number of car parking spaces on site to accommodate the anticipated demand for car parking as generated by the proposed development. It is considered that subject to the inclusion of suitable conditions, the proposal provides sufficient car parking for residents, staff and visitors to the site.

Clause 52.07: Loading & Unloading of Vehicles

The purpose of Clause 52.07 is to set aside land for loading and unloading of commercial vehicles to prevent loss of amenity and adverse effect on traffic flow and road safety.

A permit may be granted to reduce or waive these requirements if either:

The land area is insufficient; and Adequate provision is made for loading and unloading vehicles to the satisfaction

of the responsible authority.

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There is limited opportunity to provide a dedicated loading facility on the site to service the tenancies. The applicant has submitted that deliveries to the commercial tenancies would be made by vans and small trucks, with delivery vehicles parking in the on-street parking spaces located at the site frontage. Council’s traffic engineers offered no objections to this arrangement, and therefore it is considered acceptable. It should be noted that other businesses located in this section of Nepean Highway do not have dedicated loading facilities and also rely on deliveries being made using existing on-street parking spaces. Clause 52.29: Land Adjacent To A Road Zone, Category 1 Or A Public Acquisition Overlay For A Category 1 Road

A permit is required to:

Create or alter access to a road in a Road Zone, Category 1.

The proposal seeks to remove the existing crossover from the site’s Nepean Highway property frontage. It is considered that this will improve vehicle movements and reduce any safety concerns, as vehicles will no longer be able to access the subject site from Nepean Highway. This aspect of the proposal therefore warrants support.

As discussed previously in this report, the application was referred to VicRoads for comment. VicRoads advised of no objection to the proposal subject to the inclusion of suitable planning conditions being placed on any permit issued.

13.0 RESPONSE TO GROUNDS OF OBJECTION 13.1 Traffic, parking and access concerns

The proposal has been considered by Council’s Senior Traffic Engineer. As discussed in Section 12.5 of this report, the proposal is considered to provide adequate car parking on site for the future residents, staff, customers and visitors to the site, and therefore is acceptable. The proposed access arrangements from the right-of-way at the rear of the site is considered satisfactory (subject to a condition requiring a 500mm splay either side of the ramp entry in order to improve visibility), and is considered a far superior option to the provision of access from Nepean Highway. The internal arrangement of the basement carpark is also workable, subject to some minor adjustments which will form conditions of permit, as suggested by Council’s Traffic Department. In terms of the proposal’s wider traffic impact, it is considered that the existing road network will adequately absorb any potential increase in traffic movements to and from the site and in the immediate vicinity of the subject site. Further, the subject site’s excellent access to public transport should enable future occupants, visitors, staff and customers to the site to take advantage of alternative modes of transport.

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Overall, the development is consistent with the car parking and traffic provisions of the Kingston Planning Scheme. The proposal, subject to the inclusion of suitable planning conditions should be supported.

13.2 Overdevelopment

The site’s designation within a Business 1 Zone, it’s location on a main road, directly opposite a train station, and within an activity centre, in addition to it’s limited residential abuttals (to the west property boundary only, its impact further reduced by the 3m right-of-way), provide clear opportunities for the development of a more intense building form than would otherwise be expected within an entirely residential area and within a residential zone. Such site characteristics are ideal to enable development such as the one proposed, which will fulfil Council’s objectives for urban consolidation with the benefit of fewer opportunities for direct off-site amenity impacts. The proposal is consistent with the applicable development provisions of the Kingston Planning Scheme, and its performance against these criteria indicates that it cannot be considered to be an overdevelopment of the site. For example, the development has been designed to respect the amenity of adjacent properties, with generous setbacks provided from the adjoining residential boundaries at the upper level, well in excess of the recent apartment-style development on the corner of Nepean Highway and Groves Street. The development also provides a good standard of amenity for future occupants, with each dwelling thoughtfully designed to enable access to daylight and well dimensioned recreation areas. The height, scale and overall built form is considered to be consistent with the character and built form of the Aspendale Activity Centre. The proposal is entirely consistent with policy objectives at State and Local level which seek to concentrate medium density housing in areas with superior access to many forms of social and physical infrastructure, whilst maintaining the primary function of the site’s zoning for business purposes through the provision of commercial premises at street level.

13.3 Overlooking/loss of privacy

The submitted plans demonstrate that the habitable room windows and balconies on the buildings south-west (rear) elevation have been screened to a height of 1.7 metres to avoid overlooking of neighbouring properties. However, the roof top decks provided to dwellings 8 and 12 have not been screened, although they have been located within 9 metres from the secluded private open space and habitable room windows of properties adjoining to the rear (No.2 Foster Street and No.1 Groves Street). It is considered appropriate that a permit condition require these roof top decks to be adequately screened to a height of 1.7 metres above finished floor level.

13.4 Noise disturbance

Residents have asserted that the level of resident noise from the development, and from vehicles accessing the basement carpark from the right-of-way would be unacceptable. In terms of resident noise, it is considered that the balconies and roof decks within the development, and with particular regard to those within close

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proximity to the neighbouring residential properties to the rear of the site, do not lend themselves to large gatherings of people due to their limited size. It is considered that any noise generated would be of a residential nature, and the privacy screens would go some way to mitigating the noise impact. With regard to vehicle noise, it should be noted that 2-2.45m high solid timber fencing existing between the right-of-way and the adjoining residential properties would adequately limit the impact of vehicular noise to and from the basement.

13.5 Visual bulk

A number of objectors consider that the proposed building would result in excessive visual bulk within the neighbourhood. Council Officers consider that the building is of a scale and appearance that is consistent with, and typical of, the Business 1 Zone and the wider area generally. The use of varied building forms, setbacks (particularly from the site’s sensitive residential abuttal) and materials, articulate the building to ensure that building bulk is minimised. In a streetscape sense, the site’s Nepean Highway elevation is readily capable of absorbing a two-storey form that is in scale with adjoining development and the wider shopping locality. The generous rear building setbacks of between 1.6 to 7 metres at first floor level are in excess of ResCode requirements, and the 3 metre right-of-way further assists in minimising any direct impacts to neighbouring residential properties. The size of the building, its design detailing, and its relationship to adjoining properties is considered wholly acceptable within the context of the Business 1 Zone.

13.6 Inadequate landscaping and private open space

While the proposal does not provide ground level landscaping opportunities, this is considered reasonable and expected within a Business 1 Zone where high site coverage and lack of ground level vegetation is typical. The areas of private open space provided to each of the dwellings are in excess of the requirements of ResCode (albeit not directly applicable in this instance), and are therefore considered to accommodate the likely recreation needs of future residents, while also providing for landscaping in the form of planter boxes and the like.

13.7 Inadequate waste collection arrangements

The proposal provides general waste and storage area adjacent to the right-of-way at the rear of the site. The applicant has advised that one large recycling and one large rubbish bin would be provided for use by residents and commercial tenants; the bin storage area would have a roller door which is remotely controlled; and an agreement would be entered into with a private contractor for waste collection services. The contractor would advise on the type and size of truck required to access the right-of-way at the rear of the site. Council’s Waste Management Officer offered no objection to the proposal, subject to the submission and approval of a Waste Management Plan for the development which is recommended as a condition of permit.

13.8 Impact of existing adjoining restaurant on the amenity of dwellings

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The operators of the adjoining restaurant objected on the basis of the possibility of future conflict between residents of the development and the restaurant, due to noise, smells, etc. While it is possible that disputes could arise on this basis, this is not considered basis to refuse an application. Future residents will be aware that the restaurant is in operation, and would be likely to do their own investigations prior to buying into the development. There are both positive and negative aspects to residents who occupy mixed use developments. Residents benefit from the range of commercial services located on their doorstep, but typically also cannot expect the same level of amenity by way of noise and smells than would be expected within a purely residential area.

14.0 CONCLUSION:

The proposed development adequately satisfies the requirements, objectives and policy directions of the State Planning Policy Framework, the Local Planning Policy Framework, the Zoning provisions and the Particular Provisions of the Kingston Planning Scheme as discussed previously in this report.

Therefore, having considered all of the above, it is considered that the proposal, subject to the inclusion of suitable conditions being placed on any permit issued, should be supported.

15.0 RECOMMENDATION:

That a Notice of Decision to Grant a Permit be issued to construct buildings and works on this site comprising a two (2) storey building with basement, for a reduction in car parking requirements pursuant to Clause 52.06 of the Kingston Planning Scheme, to waive the loading bay requirement pursuant to Clause 52.07 of the Kingston Planning Scheme, and to alter access to a road in a Road Zone Category 1, subject following conditions:

1. Before the development and/or use starts, amended plans to the satisfaction of the

Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be substantially in accordance with the plans submitted on 29th April, 2010, but modified to show:

a) the provision of an improved landscape plan and associated planting schedule for the site showing the proposed location, species type, mature height and width, pot sizes and number of species be planted on the site, with such plans to be prepared by a suitably qualified landscape professional;

b) the two (2) car spaces within the basement nominated as “commercial” to be nominated as staff parking;

c) the remaining car parking spaces within the basement allocated and nominated as follows:

i) the 11 x 1-bedroom dwellings each allocated one (1) car space;

ii) the 3 x 2-bedroom dwellings each allocated two (2) car spaces;

iii) the provision of two (2) visitor car spaces.

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d) the south-west elevation of the roof top decks of dwelling 8 and dwelling 12 screened to a height of 1.7m above finished floor level in accordance with the requirements of Standard B22 of Clause 55.04-6 of the Kingston Planning Scheme;

e) the provision of a 500mm splay on both sides of the ramp entry;

f) the car spaces located hard against walls increased to a width of 2.9 metres;

g) the provision of a basement ramp longitudinal section with grades and apex;

h) the provision of a comprehensive drainage strategy for the site, incorporating Water Sensitive Urban Design treatments;

i) a notation on the floor / site plan(s) stating: “The redundant vehicle crossing must be removed, kerb & channel must be reinstated and the extension to the existing footpath up to the wing of the vehicle crossing must be constructed to the satisfaction of the Responsible Authority”;

j) the provision of a fully dimensioned security door nominated for the basement car park, including operational details for staff, residents and visitors to the development;

k) the surface material of the driveway / accessway leading to the basement car park nominated in all-weather coloured concrete sealcoat, or similar;

l) a notation on the ground floor plan stating that ‘the levels at the site boundaries must not be altered’;

m) the provision of a full colour, finishes and building materials schedule, including samples (illustrated on an A4 or A3 sheet), for all external elevations and driveways of the development; and

n) the location of all externally-located heating and cooling units, exhaust fans and the like, clearly shown.

2. The development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.

3. The development authorised by this Permit must not commence until the Owner of the land has entered into an Agreement with the Responsible Authority under Section 173 of the Planning and Environment Act 1987 to provide for the following matters:

a) all issues involved in the construction and use of balconies over a public carriageway;

b) a rental agreement which facilitates a payment to Council in order to utilise land over a public carriageway; and

c) all costs related to the preparation and registration of the Agreement (including costs incurred by the Responsible Authority) must be born by the applicant.

4. Prior to the occupation of the development hereby permitted, or by such later date as is approved by the Responsible Authority in writing, the nature strip, kerb and channel, vehicle crossover and footpath must reinstated to the satisfaction of the Responsible Authority.

5. Any existing vehicular crossing not in accordance with the endorsed plan must be removed and the kerb reinstated in a manner satisfactory to the Responsible Authority

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and any proposed vehicular crossing must be fully constructed to the Responsible Authority’s standard specification.

6. Prior to the occupation of the development hereby permitted, all boundary fences must be repaired and/or replaced as necessary to the satisfaction of the Responsible Authority, at the cost of the applicant/owner.

7. Unless with the written consent of the responsible authority, deliveries to and from the site (including waste collection) must only take place between the following hours:

5am to 10pm Monday to Saturday; and

7am to 8pm Sundays and Public Holidays.

8. Council’s Waste Management Department must be consulted regarding the location of rubbish bins and the options for collecting waste from the site.

9. Before the use starts, areas set aside for parked vehicles, access lanes and associated access ramps as shown on the endorsed plans must be:

a) Constructed to the satisfaction of the Responsible Authority;

b) Properly formed to such levels that they can be used in accordance with the plans;

c) Surfaced with an all-weather sealcoat to the satisfaction of the Responsible Authority;

d) Drained, maintained and not used for any other purpose to the satisfaction of the Responsible Authority;

e) Line-marked to indicate each car space and all access lanes to the satisfaction of the Responsible Authority;

f) Generally in accordance with the relevant Australian Standard for car parking facilities;

g) Directional signage indicating car parking areas to be erected as required by the Responsible Authority and to the satisfaction of the Responsible Authority; and

h) Parking areas and access lanes must be kept available for these purposes at all times.

10. The dwellings hereby permitted must not be occupied until all buildings and works and the conditions of this permit have been complied with, unless with the prior written consent of the Responsible Authority.

11. Prior to commencement of the development hereby permitted, a Site Management Plan, to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority and when approved shall thereafter be complied with. The Site Management Plan must clearly set out measures to prevent amenity loss to surrounding properties during the construction period. The Plan is to include, but limited to, measures to control the emission of dust/sand, rubbish on site, loading/unloading times, construction times, and parking of builder’s vehicles etc. This plan when endorsed must not be varied without the prior approval of the Responsible Authority. It must also be implemented to the satisfaction of the Responsible Authority.

12. Before the commencement of any buildings and works on the Land, a Waste Management Plan (WMP) to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will

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be endorsed and will then form part of the permit. Three (3) copies of the plan must be submitted. The WMP must include but is not limited to:

a) The manner in which waste will be stored and collected including: type, size and number of containers.

a) Spatial provision for on-site storage.

b) Details whether waste collection is to be performed by Council’s services or privately contracted.

c) The size of the collection vehicle and the frequency, time and point of collection.

The WMP must be implemented to the satisfaction of the Responsible Authority. The WMP must not be modified unless without the written consent of the Responsible Authority.

13. Prior to the endorsement of the Plans required pursuant to Condition 1 of this permit, the provision of an ESD report to be prepared by a suitably qualified environmental professional and must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed as evidence of its approval and will then form part of the Permit and shall thereafter be complied with. The ESD report must include, but is not limited to, detailing initiatives for stormwater harvesting, insulation, daylighting, collective rainwater tanks and/or individual rainwater tanks, public and private landscape irrigation and car washing, energy efficient concepts, glazing and internal ventilation and the like.

14. The entry/exit driveway of the basement car park must incorporate an apex no less than 300mm above the existing laneway levels or implement an alternative engineering solution for major flooding, approved by the Council.

15. The development of the site must be provided with stormwater works which incorporates the use of water sensitive urban design principles to improve stormwater runoff quality and which also retains on site any increase in runoff as a result of the approved development. The system must be maintained to the satisfaction of the Responsible Authority. Council's Development Engineer can advise on satisfactory options to achieve these desired outcomes which may include the use of an infiltration or bioretention system, rainwater tanks connected for reuse and a detention system.

16. Before the development commences, a Stormwater Management Plan showing the stormwater works to the nominated point of discharge must be prepared to the satisfaction of the Responsible Authority. The Stormwater Management Plan must be prepared by a qualified person and show all details of the proposed stormwater works including all existing and proposed features that may have impact (e.g. trees to be retained, crossings, services, fences, abutting buildings, existing boundary surface levels, etc.).

17. Stormwater works must be provided on the site so as to prevent overflows onto adjacent properties.

18. The levels at site front boundary must not be altered.

19. The laneway levels must not be altered.

20. At the completion of the construction works, all areas disturbed during the construction are to be reinstated by the Contractor at the Developer’s cost to Council’s satisfaction.

21. Construction on the site must be restricted to the following times:

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a) Monday to Friday 7:00am to 7:00pm;

b) Saturday 9:00am to 6:00pm: and

c) No construction on Sundays or Public Holidays;

Or otherwise as approved by the Responsible Authority in writing.

22. The maintenance of the buildings, service areas and the surrounds within the site shall be the responsibility of the Body Corporate, owner or agent and must be serviced at such frequency as will render the service areas and the surrounds to be neat, tidy and clean at all times to the satisfaction of the Responsible Authority.

23. The amenity of the area must not be detrimentally affected by the use, through the:

i) Transport of materials, goods or commodities to or from the land. ii) Appearance of any building, works or materials. iii) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam,

soot, ash, dust, waste water, waste products, grit or oil. iv) Presence of vermin.

v) Any other way. 24. No goods or packaging materials shall be stored or left exposed outside the building so

as to be visible to the public from a road or other public place.

25. All works on or facing the boundaries of adjoining properties must be finished and surface cleaned to a standard that is well presented to neighbouring properties in a manner to the satisfaction of the responsible authority.

26. All external surfaces of the building elevations must be finished in accordance with the schedule on the endorsed plans and maintained in good condition to the satisfaction of the responsible authority.

27. The location of external fans, air-conditioning apparatus and the like must be to the satisfaction of the Responsible Authority and installed to prevent loss of amenity to the area by its appearance, noise, emission or otherwise.

28. Any plant and equipment proposed on the roof of the building must be screened in a manner to complement the appearance of the building to the satisfaction of the Responsible Authority.

29. Finished floor levels shown on the endorsed plans must not be altered or modified without the prior written consent of the responsible authority.

30. Once the development has started it must be continued and completed to the satisfaction of the responsible authority.

31. In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies:

The development and use are not started before two (2) years of the date of the permit issued.

The development is not completed before four (4) years of the date of the permit issued.

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 before the permit expires, or within three months afterwards.

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Note: Prior to the commencement of the development you are required to obtain the necessary Building Permit.

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

Note: Council may, at its choosing, introduce a Parking Policy Scheme in the immediate area. If Council chooses to introduce such a scheme, it is advised that residents and/or visitors of the development may be ineligible to receive such parking permits.

Note: Unless no permit is required under the provisions of the Kingston Planning Scheme, a further permit will be required for any advertising signage.

OR:

Should Council resolve not to support the application, that a Notice of Refusal to Grant a Planning Permit be used on the following grounds:

1. The proposal constitutes an overdevelopment of the site.

2. The proposal is inconsistent with the relevant policies under Clause 19.03 (Design and Built Form) of the Kingston Planning Scheme.

3. The proposal would have an adverse effect on the amenity of adjoining/nearby properties through its visual bulk, scale, massing and inappropriate building setbacks.

4. The traffic generated by the proposal would create traffic problems in the locality and would cause wider traffic problems in the surrounding road network.

Tony Rijs, General Manager Environmental Sustainability declared an indirect interest by close association. The meeting was addressed by Murray Dickson on behalf of the Objectors and Neil Fletcher on Behalf of the Applicant. Cr Peulich left the meeting at 7.30pm Cr Peulich returned to the meeting at 7.32pm Crs Shewan/Bauer That Council resolve not to support the application, that a Notice of Refusal to Grant a Planning Permit be used on the following grounds: 1. The proposal constitutes an overdevelopment of the site. 2. The proposal is inconsistent with the relevant policies under Clause 19.03 (Design

and Built Form) of the Kingston Planning Scheme.

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3. The proposal would have an adverse effect on the amenity of adjoining/nearby properties through its visual bulk, scale, massing and inappropriate building setbacks.

4. The traffic generated by the proposal would create traffic problems in the locality and would cause wider traffic problems in the surrounding road network..

Carried

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M 106 KP 605/09 – 290 Como Parade West, Parkdale APPLICANT: Apex Town Planning ADDRESS OF LAND: No.290 (Lots 2, 3 and 4 on PS 9254 and Lot 1 on TP 756718U) Como

Parade West, Parkdale MELWAY REF: 87C9 PROPOSAL Use & Development of land for a Carwash Facility CONTACT OFFICER: Sebastian Lorenzo Author: Elizabeth Wickham FILE NO: KP-605/2009 ZONING: Clause 34.01 – Business 1 Zone OVERLAY(S): Clause 43.02 – Design & Development Overlay Schedule 1 & 17 KINGSTON PLANNING SCHEME CONTROLS:

State Planning Policy Framework Clause 11 (Introduction, Goals and Principles) Clause 12 (Metropolitan Development) Clause 15 (Environment) Clause 17 (Economic Development) Local Planning Policy Framework Clause 21.06 (Retail and Commercial Land Use) Clause 21.12 (Transport, Movement and Access) Particular Provisions Clause 52.06 (Car Parking) Clause 52.13 (Car Wash)

CONSIDERED PLAN REFERENCES/DATE RECEIVED

TP1, TP2, TP3, date stamped by Council 28.04.10

1. MAIN ISSUES RELATING TO THIS APPLICATION:

- Appropriateness of use in Business 1 Zone; - Traffic considerations; - Design & built form; and - Amenity impacts.

2. EXISTING CONDITIONS:

The subject site is an irregular shaped allotment comprising four separate titles with a combined area of 1310 square metres, on the south side of Como Parade West, Parkdale. The site has a frontage width of 37.12 metres to Como Parade West, and a maximum depth of 58.95 metres, though only the front portion of the site is proposed to be developed under this proposal, with the rear of the site remaining unaffected. For this reason, the discussion within this report concentrates primarily on the front, northern portion of the site.

The site is currently developed with a single storey disused service station building and canopy, located at the site frontage. The rear, southern portion of the site is currently vacant. A number of established trees occupy the site, none of which are considered worthy of retention. There appear to be no restrictions listed on the Certificate of Title.

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Land abutting directly to the north, east and west is zoned Business 1 (B1Z), and is developed for commercial and residential purposes. Abutting to the south and south-west of the site is zoned Residential 1 (R1Z), and is developed with dwellings. Across Como Parade West to the north is the Melbourne-Frankston Railway Line, zoned Public Use (PUZ4).

The aerial photograph provided below provides you with an illustrative analysis of the Subject Land and surrounding environs.

As stated above, the surrounding area features a mixture of commercial and residential land uses. The site abuts a mixed use development to its east property boundary (No.300 Como Parade West), which contains two retail premises used as a gymnasium, and seven apartment-style dwellings within a two storey building with basement car park. Directly abutting to the west is a two-storey commercial building used as a chiropractic clinic. Adjoining to the south (rear) of the subject site beyond a 3m wide right-of-way is a Council-owned two-storey theatre building fronting Parkers Road, known as the Shirley Burke Theatre. The rear, vacant portion of the site has direct abuttal to three residential properties and their associated private open space, fronting Parkers Road and Herbert Street. Opposite the subject site, on the north side of Como Parade West, is the Melbourne-Frankston Railway Line. Parkdale Railway Station is located within 100m to the north-west of the site.

3. PROPOSAL IN DETAIL:

It is proposed to demolish the existing service station building, and construct buildings and works and to use the site for a carwash, comprising three (3) manual bays, one (1) automatic bay, and four (4) vacuum bays. An ancillary dog wash facility is also proposed.

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Further details of the proposal include:

Access to the site and carwash facilities would be provided from Como Parade West via a new 9.8m wide crossover.

The existing crossover would be modified to 8.44m in width, in order to provide a separate exit point for the site.

Provision has been made for a shared queuing area for 10 vehicles before entry to the car wash facility.

The wash bays are attached and located across the site in a single storey built form (5.4m max height), with a 1.8m high bin enclosure attached to the eastern side of the building.

A two-storey (6.7m max height) lineal shaped building would be constructed to the site’s south property boundary to the rear of the wash bays, comprising the vacuum bays and dog wash at ground level, and a plant room above, which is also to act as a store room and office. This building would be provided with an internal staircase and windows and small balcony at the upper level on the north elevation, with an outlook towards the front of the site.

The car wash is proposed to operate 24 hours a day, seven days a week. The facility is designed to operate without staff, however one person will be

employed to visit the premises on a daily basis to ensure that the facility is operating effectively, taking deliveries, etc.

The car wash will have a 5 star energy rating, with water recycled and re-used, a small portion of the treated water being released into the sewerage system (in accordance with EPA requirements) and fresh water used to top up the wash water.

The dog wash bays will comprise two small rooms. A car space is located adjacent to the wash bays for users of the facility.

The existing vegetation along the site’s west property boundary is proposed to be removed.

Building materials for the development would comprise a combination of concrete wall panels with textured paint finish and painted galvanised steel elements, metal canopy facia and clear glazing with aluminium window frames.

4. HISTORY:

Council records indicate that there is no relevant planning history relating to this site. 5. ADVERTISING:

The proposal was advertised by sending notices to adjoining and opposite property owners and occupiers and by maintaining a notice on site for fourteen (14) days. Eight objections were received from five (5) objectors. The main grounds of objection raised are summarised as follows:

- The proposed use is not appropriate alongside a residential development. - The proposal would result in pollution – Noise, rubbish, light. - The proposed hours of operation (24/7) are excessive. - The proposed plant room would result in overlooking of neighbouring properties. - Concern about how the rear, vacant portion of the site is to be used. - Loss of amenity during construction phase of development.

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- The proposal will exacerbate existing safety concerns for pedestrians, motorists and cyclists.

- Inadequate provision for drainage. 6. PRELIMINARY CONFERENCE:

A preliminary conference was held on 3rd February, 2010 with the relevant Planning Officer, the Permit Applicant, a Ward Councillor, and six (6) objectors in attendance. The above-mentioned issues were discussed at length.

The above concerns were unable to be resolved at the conference, and the objections still stand.

7. AMENDMENT TO THE APPLICATION AFTER NOTIFICATION & RE-

NOTIFICATION:

Following discussions with Council Officers, the Permit Applicant submitted an amended plan(s) and an acoustic report on 28th April 2010. The substituted plans essentially incorporated changes as recommended by the applicant’s acoustic engineer. It is these revised plans that form the basis of this recommendation and are under consideration by Council.

8. PLANNING PERMIT REQUIREMENTS:

The site is within a Business 1 Zone and is subject to Design and Development Overlays, Schedule 1 and Schedule 17.

Business 1 Zone Pursuant to Clause 34.01 of the Business 1 Zone, a planning permit is required to use the site for a car wash.

Pursuant to Clause 34.01 of the Business 1 Zone, a planning permit is required to construct a building or to construct or carry out works. Design & Development Overlay Pursuant to Clause 43.02 (Design and Development Overlay, Schedule 1), a planning permit is not required to construct a building or construct and carry out works provided that a number of conditions are met, namely (where relevant):

A building which has an internal storey height (measured from floor to ceiling) of 3.5

metres or less. This internal storey height requirement does not include stairwells and lightwells which comply with the overall height requirements.

Further, a permit cannot be granted to construct a building or to construct or carry out works which are not in accordance with the following requirement:

A building must not be greater than 2 storeys in height (which may include a

basement carpark with a maximum height of 1.2 metres above natural ground level).

The proposed development accords with the above.

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Pursuant to Clause 43.02 (Design and Development Overlay, Schedule 17), a planning permit cannot be granted for a building in excess of 8 metres in height (2 storeys). In addition, a planning permit is required to vary the setback requirements set out below, providing that the design objectives are met:

Buildings must be setback a minimum of 3 metres from the title boundary that

directly abuts existing residential areas. Maintain the existing low scale, fine grain shopfront pattern across all storeys. Ensure new additions and development demonstrates contemporary architectural

detailing and form and fenestration which respond to the heritage characteristics of the precinct.

Building edges abutting laneways shall integrate adequate measures to enable clear sight lines for vehicles and pedestrians using the laneway.

The proposal accords with the above, so a planning permit is not required. Particular Provisions Pursuant to Clause 52.06, an adequate number of car spaces must be provided to the satisfaction of the responsible authority

Pursuant to Clause 52.13, a Planning Permit is required to vary the requirements specified in this Clause. The various requirements of this Clause are discussed in more detail later in this report.

9. RELEVANT POLICY

State Planning Policy Framework (SPPF)

Clause 11 (Introduction, Goals and Principles) This policy seeks to ensure that the objectives of planning in Victoria (as set out in Section 4 of the Planning and Environment Act 1987) are fostered through appropriate land use and development planning policies and practices which integrate relevant environmental, social and economic factors in the interests of net community benefit and sustainable development.

Clause 12 (Metropolitan Development) The objectives and related strategies aim to ensure that land use and transport planning and investment always contribute to economic, social and environmental goals. Of particular interest to this application, the following sub-headings are considered relevant: A more compact city. A great place to be. A greener city.

The subject proposal is considered to be consistent with the objectives and related strategies under these sub-headings, through:

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The provision of a local convenience (car wash) in an established Neighbourhood

Activity Centre; The built form will result in an improved presentation to the streetscape and public

realm generally; Improve community safety through the provision of lighting on site; and The proposal provides energy efficient initiatives for water re-use and recycling. Clause 15 (Environment) The following sub-headings within this Clause are considered relevant to this application: Protection of waterways, catchments and groundwater. Noise abatement. Energy efficiency. The subject proposal is considered to be consistent with the objectives and general implementation measures under these sub-headings, through: The provision for the on-site treatment of used water to ensure that no contaminated

water will be discharged into the public sewer system, and the provision of stormwater design to meet local authorities standards; and

The provision of a variety of measures to ensure that noise impacts to neighbouring sensitive uses are minimised.

Clause 17 (Economic Development) The following sub-headings within this Clause are considered relevant to this application: Activity Centres. Business. The subject proposal is considered to be consistent with the objectives and general implementation measures under these sub-headings, through: The proposal will provide an appropriate and necessary community facility within an

established business area and Activity Centre; and The proposal has been designed to minimise off-site amenity impacts by way of

noise, overlooking, overshadowing and visual bulk. The proposal has been appropriately designed with regard to the proposed use and

streetscape generally.

In summary, the proposal is considered to be consistent with the abovementioned policies within the State Planning Policy Framework. Local Planning Policy Framework (LPPF) Clause 21.06 (Retail and Commercial Land Use)

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Parkdale is identified as being a neighbourhood centre on Council’s Retail and Commercial Land Use Framework Plan. The strategic direction for Parkdale as a Neighbourhood Centre is to promote a wider mix of commercial, retail, residential and community facilities to enhance their attractiveness as local community centres, and to encourage built form to be consistent with the neighbourhood character of the centres and the largely local function.

It is considered that the proposal is in accordance with the abovementioned policy directions. The proposal provides additional commercial opportunities on land otherwise unused within an existing Activity Centre, and the building is designed to be in scale and in keeping with the character of the precinct.

Clause 21.12 (Transport, Movement and Access) As relevant to this application, it is policy to: create a safe, convenient and efficient road network based on functional hierarchy of

local and regional road linkages, which meets the transport and freight needs of Kingston’s residents, businesses and through traffic; and

integrate public transport, road, pedestrian and cycle systems with activity centres, schools and other community and social infrastructure, as a means of providing equitable and safe vehicular, pedestrian and cyclist movement and access for the community.

It is considered that the proposal is in accordance with the abovementioned policy directions. The proposal is located within the existing Parkdale Activity Centre and takes advantage of the road, pedestrian and public transport networks which exist within the centre. Further, the proposal has been designed to enable efficient movements to and from the site to ensure that it will not have a negative impact on the existing street network and wider locality. Therefore, it is considered that the proposal adequately satisfies the abovementioned provisions. General Provisions

Clause 65 (Decision Guidelines)

10. REFERRALS:

The application was referred to: Council’s Traffic Department; Council’s Development Engineer; Council’s Vegetation Management Officer; Council’s Environmental Health Department; and Council’s Roads and Drains Department.

Council’s Health Department raise concerns with regard to the noise implications of the proposed development. These are discussed later in this report. The remaining above-mentioned referral authorities had no objection to the proposal, subject to conditions being included on any permit issued.

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11. DISCUSSION:

Land Use The subject site is located within a Business 1 Zone, the purpose of which is primarily to encourage the intensive development of business centres for retailing and other complementary commercial, entertainment and community uses. The proposed car wash use is considered to be a ‘complementary’ commercial use within a Business 1 Zone. The subject land is located within the Parkdale Neighbourhood Activity Centre. Clause 12 of the SPPF aims to concentrate new development at activity centres near current infrastructure and in areas best able to cope with change. Further, development is to respond to its landscape, valued built form and cultural context and achieve sustainable objectives. It is considered that the proposed car wash use is consistent with the Activity Centre Policy as expressed through Clause 12 of the Kingston Planning Scheme. Whilst objectors have expressed that the proposed car wash use is not appropriate adjacent to a residential development, it should be noted that the subject site and all land abutting the part of the site to be developed for the car wash is located within a Business 1 Zone. The primary purpose of this zone is to provide for a mix of intensive retail and commercial developments. The use of such land for residential purposes is of a secondary and complementary nature, and the existence of residential development within this area should not undermine the primary purpose of the zone by unreasonably restricting the development of viable commercial and retail businesses. Further, it is considered that the design and layout of the development has had due regard to the amenity of the neighbouring residential properties, as will be discussed in the following section of this report. It is considered that the applicable policy within both the State and Local Planning Policy Framework guidelines support developments of this nature, as has been highlighted in the previous sections of this report. Development From an urban design perspective, the proposal is considered to sit comfortably within the existing neighbourhood. The height and scale of the buildings are considered wholly acceptable within the context of the two adjoining double storey buildings. Further, the previous use of the site as a service station ensures that the presentation of the development is not vastly different from the lower scale built form currently occupying the subject site. The proposed development design, including the site layout, building heights and detailing, are also considered appropriate with respect to the neighbourhood setting and the proposed land use. Landscaping opportunities have been provided within the site to soften the development. In general, it is considered that the development will make a positive contribution to the streetscape and the wider Parkdale shopping locality generally. Council Officers consider that the proposal would result in a substantial improvement from the existing situation, which currently features service station buildings in poor repair and high temporary fencing. In addition, a condition requiring the removal of two large unsightly billboards from the site’s east and west property

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Agenda 28 June 2010 boundaries (as discussed with the permit applicant throughout the course of the application) will ensure that the site’s presentation to the street is further improved. Amenity Issues It is considered that the proposal has been sensitively designed with respect to the site’s most sensitive abuttal to the neighbouring residential development to the east, at No.300 Como Parade West. The two buildings (auto-bay and plant room building) proposed on the land would have a maximum height of 5.4 metres and 6.7 metres respectively, and are set back a minimum of 8.3 metres from the common property boundary. These factors, in combination with the varied building heights and detailing to the external elevations, should ensure that the proposal does not result in the presentation of excessive visual bulk to the neighbouring property. Resident objectors from this development were mainly concerned about the potential noise impact of the proposal. The photograph presented below illustrates the existing development when viewed from the subject site i.e. the subject site’s east property boundary.

As presented above, the adjoining site features a two-storey building with basement, including a retail premises used as a gym (‘Curves’) at ground level, and a total of seven apartment-style dwellings to the rear and at first floor level. The building presents a blank, two storey wall for approximately 19 metres into the site, along the shared property boundary. Beyond this wall, narrow balconies are provided to dwellings 1 to 5 at ground floor level with access from a bedroom, with their main area of private open space provided on the opposite, east side of the development at first floor level with access from dining areas, and in the form of roof top decks. Dwellings 7 and 8 are provided with balconies at first floor level, fronting onto Como Parade West.

The types of noise expected to be generated from this type of development would be from spray cleaning, vacuum, waste collection, cars (doors slamming and engine), possible music from car stereos and barking dogs.

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All development on the subject site for the purpose of the car wash, including wash bays, vacuum bays and vehicle accessways within the site, is contained within the 19 metre distance occupied by the blank two-storey wall of the adjoining property. The impact of the proposal on the amenity of the neighbouring residential properties is therefore minimised by an absence of private open space and openings (windows, doors, etc) directly adjoining the proposed area of development on the subject site.

The first floor balconies that front Como Parade West are currently encumbered by a large billboard sign on the subject site (refer photograph above). The applicant has agreed to remove the billboard sign, and the smaller billboard sign at the site’s west property boundary, should a permit issue. This would improve the amenity of the existing balconies, and result in an improved streetscape presentation. These balconies are located at the street frontage and are currently subject to street noise, so it is considered that the proposed development will not unduly affect the amenity of these balconies by way of noise.

The applicant has submitted to Council a report prepared by a qualified acoustic engineer, and plans which reflect these recommendations. The report explains that all noise from trade, commerce and industry must comply with noise limits set by the EPA SEPP N-1 criteria at affected residences. This policy protects normal domestic and residential activities, including sleep during the night time. Compliance with the limits in this policy is mandatory. The SEPP N-1 policy defines the noise limits, measurement and calculation techniques to be applied. The policy is intended to provide reasonable protection in a situation of land use change.

The acoustic report concludes that it will be possible for the proposed car wash to comply with the EPA SEPP N-1 policy, subject to the implementation of a series of noise controls recommended within the report. A condition is recommended to ensure that noise levels will not exceed the policy criteria.

The acoustic report submitted was considered by Council’s Environmental Health Department, who advised that it appeared that the SEPP N-1 requirements could be adequately satisfied. However, concerns were raised with regard to the proposed 24 hour / 7 days a week operating times and the potential impact on amenity to adjoining properties. It was suggested that while the mandatory requirements for noise impacts could be satisfied, inevitably, complaints regarding noise throughout the night would be received. It was suggested that operating hours be limited to address this concern. The limiting of operating hours would have two (2) effects. One (1) would be to remove the need for sleep disturbance criteria to be applied to the proposed use / development as the use will be limited throughout the night and two (2) remove / reduce noise sources associated with the proposed use during the nigh time period (i.e. people talking / laughing / music / car doors slamming / engines roaring). As such, a condition is recommended to limit the hours of operation, and to ensure that the development is constructed in accordance with the noise control techniques recommended within the acoustic engineer’s report.

Council Officers agree with the objectors that the proposed hours of operation (24 hrs / 7 days) are excessive, and the operation should be limited to between 7am to 10pm Mon- Fri, and 8am to 10pm Sat-Sun, so that Council has the ability to monitor the operation and ensure that the amenity of the area is protected.

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Some objectors were concerned that that any proposed lighting would affect the enjoyment of their residential properties. A standard condition can require that any lighting on the subject site is baffled to prevent light spill onto adjacent residential properties. A number of objectors were concerned that the proposed first floor plant room may result in overlooking of the adjoining residential properties to the east (No.300 Como Parade West). The windows and ‘balcony’ for this building are located well in excess of 9 metres of any adjoining windows or balconies on the adjoining property, and are primarily directed towards the north (front) of the site. Further, the window on the east elevation is located alongside an internal stairwell and opposite the blank two-storey wall of the adjacent property, and so therefore it is considered unlikely that this window will have any direct overlooking potential. No additional methods to prevent overlooking are considered necessary in this instance.

In terms of the objector concern that the operation will result in amenity loss in terms of rubbish, anti-social behaviour, etc, standard permit conditions will ensure that Council can take action should the amenity of the area be affected in this manner. Further, the requirement for the submission and approval of a construction management plan should assist in alleviating objector concerns regarding nuisance during the construction phase of the development.

Traffic Issues

The car parking table in Clause 52.06-5 of the Planning Scheme does not include a parking rate for the use ‘Car Wash’, and so therefore an adequate number of car spaces must be provided to the satisfaction of the responsible authority.

The proposed development includes the provision of one (1) parking space for the two dog wash facilities, and queuing lanes to cater for up to ten (10) vehicles at the front of the site before entry into one of the car wash bays.

Council Officers have identified a number of shortcomings in the proposed development design in terms of its internal workability, namely:

The vacant lot at the rear of the site would become ‘landlocked’ by the proposed

development, with no convenient vehicle access arrangement; No exit route is provided for vehicles of customers wishing to exit the site after

queuing then deciding not to enter a car wash bay, therefore encouraging vehicles to reverse onto Como Parade West;

No entry route is provided to the dog wash or vacuum bays without first entering a car wash bay;

One car space may not be adequate to meet the needs of the two (2) dog wash facilities; and

No on-site car parking has been provided for staff use.

It is considered that in order to rectify the above issues, a break or bypass lane should be provided in the landscaping bed adjacent to the bin storage area, to enable vehicles to exit the site in a forward motion from the vehicle queuing area. Furthermore, the vehicle exit point for the site should be used for both exit and entry movements, to enable vehicles to

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access the dog wash and vacuum bays without first entering a car wash bay, and in order to ensure that the vacant parcel to the rear of the site is provided with a convenient vehicle access point. These are recommended to be conditions on any permit issued.

Car wash developments generally have a parking demand for one space to accommodate an attendant, however, no staff parking has been allocated for this purpose on site. It is considered that the existing width of the two crossovers to the site is excessive, and both should be reduced to 6 metres. This should enable the provision of two (2) additional on-street car parking spaces which would cater for the needs of a staff attendant and an additional user to the dog wash facility. Permit conditions are recommended to ensure these changes, and to limit the number of staff on site to one (1) at any one time.

The proposal complies with the provisions of Clause 52.13 (Car Wash) of the Kingston Planning Scheme, with the exception of the following requirements:

A crossover must be no wider than 7.7 metres.

As noted above, a permit condition will require both existing crossovers to be reduced to 6 metres in width which will in turn satisfy the above provision of Clause 52.13. Furthermore, it is considered that the a reduction in the width of vehicle crossovers will allow additional landscaping opportunities to soften the hard surface areas of the proposed development.

With regard to the proposal’s broader traffic impact, previous applications for car wash facilities have shown that the peak demand for such uses is generally on Fridays or Saturday afternoon, with traffic generation rates for car washes can be up to 5 trips per wash bay per hour for Fridays and 8.5 trips per wash bay per hour for Saturdays. Accordingly, the subject proposal is likely to generate up to 20 trips per hour on Fridays, and the Saturday traffic generation is likely to be up to 34 trips per hour. It is considered that the existing street network is capable of absorbing this level of additional traffic, and the proposed access arrangements will be sufficient (subject to conditions as recommended above) to ensure safe and efficient movements to and from the site. Given that the proposal has been provided with adequate sight lines, and there is little capacity for vehicles to accelerate to a high speed due to the site layout, it is not considered that the proposal would exacerbate existing safety concerns for pedestrians, motorists and cyclists.

Other

An objector was concerned that the proposal did not provide for appropriate drainage of the site. Council’s Development Approvals Engineers have considered the proposal and made a number of recommendations which will be made conditions of permit, which include the requirement for a stormwater system which incorporates water sensitive urban design techniques, improves stormwater runoff quality, and which also retains on site any increase in runoff as a result of the approved development. The stormwater works must be designed to ensure that there are no overflows onto adjacent properties, and the system must be maintained to the satisfaction of the Responsible Authority.

Objectors expressed concern about the potential use of the rear, vacant portion of the site. To a degree, these concerns have been alleviated through the revised plans which show that this area would be fenced off from the development by a 5.5 metre high acoustic

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fence and an openable gate, and therefore not used for the purpose of the car wash. A permit condition can require that the area is not to be used in association with the car wash, without the prior written consent of the responsible authority.

Council Officers were also concerned that there would be no convenient access point for this vacant land under the current proposal. The in/out arrangement for the eastern crossover as discussed in the previous traffic assessment will rectify this issue.

12. CONCLUSION: The proposed use and development is considered appropriate for the site as evidenced by:

The design and siting of the proposed development to be compatible with the surrounding area;

The proposal should not have a detrimental impact on surrounding properties (subject to appropriate conditions); and,

The proposal satisfies the requirements of the Kingston Planning Scheme, including the SPPF, MSS, Zoning / Overlay controls and Particular Provisions.

On balance and subject to the inclusion of suitable conditions, the proposal is considered reasonable and warrants support.

13. RECOMMENDATION: That Council resolve to issue a Notice of Decision to Grant a Permit for the construction of buildings and works and to use the site for a car wash, and to vary the requirements pursuant to Clause 52.13 (Car Wash) of the Kingston Planning Scheme, subject to the following conditions: 1. Before the development starts amended plans to the satisfaction of the Responsible

Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be substantially in accordance with the plans submitted to Council on 28th April, 2010, but modified to show:

a) the provision of a landscape plan and associated planting schedule for the site showing the proposed location, species type, mature height and width, pot sizes and number of species be planted on the site, with such plans to be prepared by a suitably qualified landscape professional and inc the provision of a landscape plan in accordance with the submitted development plan and the City of Kingston Landscape Plan Checklist, with such plans to be prepared by a suitably qualified landscape professional and incorporating:

i. an associated planting schedule showing the proposed location, species type, mature height and width, pot sizes and number of species to be planted on the site. The schedule must be shown on the plan;

ii. the delineation of all garden beds, paving, grassed areas, retaining walls, fences and other landscape works including areas of cut and fill throughout the development;

iii. all existing trees on the site and within three (3) metres to the boundary of the site on adjoining properties, accurately illustrated to represent actual canopy

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width and labelled with botanical name, height and whether the tree is proposed to be retained or removed;

iv. a range of plant types from ground covers to large shrubs and trees;

v. adequate planting densities (e.g.: plants with a mature width of 1 metre, planted at 1 metre intervals);

vi. medium to large shrubs to be provided at a minimum pot size of 200mm;

vii. the provision of notes on the landscape plan regarding site preparation, including the removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements.

b) the provision of a 3m wide bypass lane adjacent to the bin storage area to enable vehicles to exit the site in a forward motion from the queuing area;

c) the eastern crossover converted to a dual entry/exit, and this crossover reduced to 6m in width, with this crossover to be set back a minimum of 2 metres from the site’s east (side) property boundary;

d) the western ‘entry’ crossover reduced to 6m in width, with this crossover to be set back a minimum of 5 metres from the site’s west (side) property boundary;

e) the car space adjacent to the dog wash increased to 3.2m in width;

f) the surface material of all driveways / accessways and car parking spaces nominated in all-weather coloured concrete sealcoat, or similar;

g) adequate and appropriate signs and pavement markings to direct vehicles entering and exiting the site and to control the flow of vehicles within the site;

h) a notation on the floor / site plan(s) stating: “The two existing billboard signs are to be removed to the satisfaction of the Responsible Authority”;

i) the provision of a full colour, finishes and building materials schedule (including samples) for all external elevations and driveways of the development; and

j) a notation on the floor / site plan(s) stating: “The redundant vehicle crossings must be removed, kerb & channel must be reinstated and the extension to the existing footpath up to the wing of the vehicle crossing must be constructed to the satisfaction of the Responsible Authority”.

2. The development and use as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

3. The amenity of the area must not be detrimentally affected by the development and/or use, through the:

i) Transport of materials, goods or commodities to or from the land.

ii) Appearance of any building, works or materials.

iii) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil.

iv) Presence of vermin.

v) In any other way.

4. Before occupation of the development hereby permitted, landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible

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Authority. The landscaping must then be maintained to the satisfaction of the Responsible Authority.

5. Before occupation of the development hereby permitted, areas set aside for parking vehicles, access lanes and paths as shown on the endorsed plans must be:

i) Constructed to the satisfaction of the Responsible Authority.

ii) Properly formed to such levels that they can be used in accordance with the plans.

iii) Surfaced with an all-weather sealcoat to the satisfaction of the Responsible Authority.

iv) Drained to the satisfaction of the Responsible Authority.

v) Line-marked to indicate each car space, all access lanes and, if necessary, the direction in which vehicles are to travel to the satisfaction of the Responsible Authority.

vi) In accordance with any Council adopted guidelines for the construction of car parks.

Parking areas and access lanes must be kept available for these purposes at all times and maintained to the satisfaction of the Responsible Authority.

6. In areas set aside for car parking, measures must be taken to the satisfaction of the Responsible Authority to prevent damage to fences or landscaped areas.

7. The use must operate only between the hours of:

Monday to Friday: 7.00am to 10.00pm; and

Saturday to Sunday: 8.00am to 10.00pm

Or otherwise as approved by the Responsible Authority in writing.

8. The delivery of goods to the premises must only be made during the hours of 7am to 6pm, Monday to Friday, or otherwise approved by the Responsible Authority in writing.

9. The “Permissible Noise Levels” as established in accordance with the State Environment Protection Policy No. N-1 must not be exceeded.

10. The development is to be constructed strictly in accordance with the recommendations contained within the acoustic report by Noise Consulting & Management Pty Ltd, Ref 1132, and dated 22nd April 2010.

11. Outdoor lighting must be provided, designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on neighbouring land.

12. Before the commencement of any building or works on the land a Construction Management Plan (CMP) to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority and when approved shall thereafter be complied with. The CMP must deal with the parking of vehicles during construction, delivery of materials and containment of waste on site.

13. The rear, vacant portion of the site must not be used or occupied by any buildings or works without the prior written consent of the Responsible Authority.

14. Before the use commences, the two billboard signs adjacent to the site’s east and west property boundaries are to be removed to the satisfaction of the Responsible Authority.

15. No more than one (1) staff member is to be permitted on the site at any one time, without the prior written consent of the Responsible Authority.

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16. The development of the site must be provided with stormwater works which incorporates the use of water sensitive urban design principles to improve stormwater runoff quality and which also retains on site any increase in runoff as a result of the approved development. The system must be maintained to the satisfaction of the Responsible Authority. Council's Development Engineer can advise on satisfactory options to achieve these desired outcomes which may include the use of an infiltration or bioretention system, rainwater tanks connected for reuse and a detention system.

17. Before the development commences, a Stormwater Management Plan showing the stormwater works to the nominated point of discharge must be prepared to the satisfaction of the Responsible Authority. The Stormwater Management Plan must be prepared by a qualified person and show all details of the proposed stormwater works including all existing and proposed features that may have impact (e.g. trees to be retained, crossings, services, fences, abutting buildings, existing boundary surface levels, etc.).

18. Stormwater works must be provided on the site so as to prevent overflows onto adjacent properties.

19. Concrete kerbs or other barriers must be provided to the satisfaction of the Responsible Authority to prevent direct vehicle access to an adjoining road other than by a vehicle crossing.

20. Any existing vehicular crossing not in accordance with the endorsed plan must be removed and the kerb reinstated in a manner satisfactory to the Responsible Authority and any proposed vehicular crossing must be fully constructed to the Responsible Authority’s standard specification.

21. No goods or packaging materials shall be stored or left exposed outside the building so as to be visible to the public from a road or other public place.

22. All external surfaces of the building elevations must be finished in accordance with the schedule on the endorsed plans and maintained in good condition to the Responsible Authority’s satisfaction.

23. Waste from a vehicle wash area must drain into a public sewer or a settlement and oil separation system. The system must comply with the Environment Protection Act 1970 and be installed to the satisfaction of the Responsible Authority.

24. No building or works may be of temporary or portable construction.

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

26. In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies:

The development and/or use are not started before two (2) years from date of this permit.

The development is not completed before one (1) year from the commencement of works.

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 before the permit expires, or within three months afterwards.

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Note: Prior to the commencement of the development or use you are required to obtain the necessary Building Permit.

Note: Unless no permit is required under the Planning Scheme, other signs must not be constructed or displayed without a further permit.

OR

B. Should Council resolve not to support the application, it be issued on the following grounds:

1. The proposal is contrary to the orderly and proper planning of the area.

2. The proposal constitutes and overdevelopment of the site.

3. The proposal is inconsistent with the relevant policies under Clause 19.03 (Design and Built Form) of the Kingston Planning Scheme.

4. The proposal would have and adverse effect on the amenity of the adjoining / nearby properties through its visual bulk, scale, massing and inappropriate building setbacks.

5. The traffic generated by the proposal would create traffic problems in the locality and would cause wider traffic problems in the surrounding road network.

The meeting was addressed on behalf of the objectors by Bianca Hubble and on behalf of the applicant by Jason Sumner. Crs West/Brownlees That Council resolve not to support the application, that a Notice of Refusal to Grant a Planning Permit be used on the following grounds: 1. The proposal is contrary to the orderly and proper planning of the area. 2. The proposal constitutes and overdevelopment of the site. 3. The proposal is inconsistent with the relevant policies under Clause 19.03 (Design

and Built Form) of the Kingston Planning Scheme. 4. The proposal would have and adverse effect on the amenity of the adjoining / nearby

properties through its visual bulk, scale, massing and inappropriate building setbacks. 5. The traffic generated by the proposal would create traffic problems in the locality and

would cause wider traffic problems in the surrounding road network. 6. The proposal is contrary to the heritage character of the Parkdale Shopping Centre

and the heritage overlay which covers much of it

Carried

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8. Question Time Ian Baldock asked: 1. How many complaints regarding the flying training at Moorabbin has Council received regarding firstly noise and secondly unsafe flying activities. The Chief Executive Officer advised that Council is a member of the Moorabbin Airport Advisory Committee. The committee also comprises Dingley/Mordialloc residents associations who continue to raise concerns on behalf of the members regarding aircraft noise. 2. With Council concerned about residents safety within Kingston, what is Council doing to improve road traffic related safety for residents using White Street and Boundary road through Mordialloc/Aspendale Gardens, where the long existing traffic problems pose a much greater risk to safety than do the above aviation issues? The Chief Executive Officer advised that Council has been active in achieving traffic improvement measures in White Street and continues to lobby for arterial road improvements to provide an alternative arterial route for both Boundary and White Street being the Dingley Bypass route. 3. When is the Mornington Peninsula Freeway extension planned for construction, and what is Council currently doing to push for this long promised traffic relief for Kingston? The Chief Executive Officer advised that there are no current government initiatives to extend the Mornington Peninsula Freeway. Council’s highest priority for arterial road improvements is for the completion of the Dingley Route.

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M 107 KP 752/09 – 36-40 Jean Street, Cheltenham

APPLICANT Aurecon ADDRESS OF LAND No. 36 - 40 Jean Street, Cheltenham (Lots 38, 39 & 40 on PS

007711) PROPOSAL Thirty Two (32) Dwellings within a Three (3) Storey Building

with a basement carpark PLANNING OFFICER Jennifer Pippo REFERENCE NO. KP-752/2009 RELEVANT STATE PLANNING POLICY FRAMEWORK

Clause 12: Metropolitan Development Clause 14: Settlement Clause 15: Environment Clause 16: Housing Clause 18: Infrastructure Clause 19: Particular Uses & Development

RELEVANT LOCAL PLANNING POLICY FRAMEWORK

Clause 21.03: Land Use Challenges for The New Millennium Clause 21.04: Vision Clause 21.05: Residential Land Use Clause 22.01: Cheltenham Business Centre Policy

Clause 22.11: Residential Development Policy ZONE Clause 32.01: Residential 1 Zone OVERLAYS N/A PARTICULAR PROVISIONS Clause 55: Two or More Dwellings on a Lot & Residential

Buildings GENERAL PROVISIONS Clause 65: Decision Guidelines RESIDENTIAL POLICY AREA

Increased Housing Diversity

CONSIDERED PLAN REFERENCES/DATE RECEIVED

Drawing No. 2618 – TP01 – TP012 (produced February 2010 & revised May 2010)

1.0 KEY ISSUES RELATING TO THIS APPLICATION

Urban design (scale and built form) Neighbourhood character Amenity impacts (internal and external) Vegetation/landscaping considerations Traffic considerations

1.1 Note: Any reference within this report to ‘the subject land’ or ‘the subject site’

includes all three (3) allotments (i.e. No. 36 – 40 Jean Street, Cheltenham), unless specified otherwise.

2.0 PROPOSAL (AS AMENDED)

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2.1 It is proposed to demolish the existing dwelling and outbuildings on each allotment and construct thirty-two (32) dwellings within a three (3) storey building with a shared basement car park, on this site.

2.2 The Permit Applicant has submitted revised concept plans which seek to address

concerns raised by Council Officers and objectors following advertising of the proposal. It is these revised plans that now form the basis of this recommendation to Council.

2.3 The issues rectified by the amended proposal relate primarily to the presentation of

the second level to its southern interface as well as improved internal amenity to these upper level apartments achieved through a ‘break-up’ of the second floor level (south side) and a reduction in dwelling numbers from thirty-six (36) to thirty-two (32).

2.4 The building is set back a minimum of 8.24 metres from Jean Street at ground level,

8.32 metres at first floor level and 10.43 metres at the second floor level. 2.5 Above the basement car park, thirteen (13) dwellings are provided at ground and first

floor level with six (6) dwellings provided on the second floor level. All of which are built around a central corridor that includes a central communal lift and stairwell. The courtyard and balcony areas that form part of the dwellings’ private open space wrap around the perimeter of the building and are recessed in from their respective property boundaries on the upper levels.

2.6 Analysing each level of the development, the following summarises the proposal:

Basement: Access to the site is proposed slightly off center, to the south-east side, of the

site’s property boundary from Jean Street, via a ramp to the basement car park.

The basement car park area includes: o Forty-two (42) car parking spaces, of which eight (8) spaces are

allocated for visitor parking; o Each resident car parking space includes a storage compartment; o Provision for bicycle racks; o Two (2) general waste storage and recycling bin areas; and o A centrally located lift and stairwell providing access to the levels

above. Ground Level: An existing crossover is proposed to be widened to six (6) metres to allow for

vehicle access to the site’s basement car park; Two (2) existing crossovers are proposed to be removed with the naturestrip

and footpath reinstated; Separate pedestrian access paths to dwellings 1 and 13 are provided from the

site’s frontage. The balance of dwellings will be accessed via a central communal walkway, which leads into the central corridor to the development;

The central corridor is approximately 2.4 metres in width and includes planter boxes on either side to improve the internal aesthetics of this area;

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Thirteen (13) dwellings are located on the ground floor level. Twelve (12) of which contain two (2) bedrooms with one (1), one (1) bedroom dwelling. All dwellings include an open plan living arrangement with a ‘euro’ style laundry;

All dwellings are provided with a private open space (courtyard) area accessed directly from their living area, ranging from 26m2 to 68m2 in area;

A large (101.8m2) communal area of open space is proposed at ground floor level, opposite the central lift and stairwell, to be utilised by occupants and visitors to the development; and

Provision of landscaping has also been incorporated into the design within the site’s front setback and around the perimeter of the building.

First Floor Level: Similar to the ground floor level, a total of thirteen (13) dwellings are located

on the first floor level. Twelve (12) of which contain two (2) bedrooms with one (1), one (1) bedroom dwelling. All dwellings include an open plan living arrangement with a ‘euro’ style laundry; and

All dwellings are provided with a private balcony area accessed directly from their living area, averaging approximately 8.5m2 in area.

Second Floor Level: Six (6) dwellings are located on the second floor level. This level provides a

mix of dwelling types, with four (4), two (2) bedroom dwellings, one (1), one (1) bedroom dwelling and one (1), three (3) bedroom dwelling;

All dwellings include an open plan living arrangement with a ‘euro’ style laundry; and

All dwellings are provided with a private balcony area accessed directly from their living area, averaging approximately 8m2 in area.

2.7 The proposed development has a maximum height of 9.2 metres, excluding any

heating/cooling services mounted to the roof. 2.8 The building would be contemporary in appearance, with flat roof elements and

varying materials, textures, finishes and colours, including render, horizontal and vertical timber cladding, aluminium louvered screening and glazing etc (refer to the external materials and finishes schedule on the elevation plans for further details regarding the cosmetic treatment of all external facades).

2.9 The proposal has an overall site coverage of 47.1 percent and a permeability

percentage of 38.4. 2.10 To further summarise the development, by request of the Councillors, the table below

is provided for perusal:

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Criteria ResCode Requirement Proposed Development Provision Private Open Space

A balcony of 8 square metres with a minimum width of 1.6m and convenient access from a living room.

Balconies and ground floor private open space areas have been provided to most apartments that comply with the ResCode provisions, with the exception of dwellings 2 to 6, 8 to 12 and dwelling 26. Any area of non-compliance can be easily addressed via a suitable condition on any permit issued or has been responded to in Section 14.2.5 of this Report.

Car Parking One (1) car parking space for one (1) or two (2) bedroom dwelling OR Two (2) car parking spaces for each three (3)or more bedroom dwelling, with one (1) space under cover

The proposal exceeds on-site car parking requirements for residents and visitors, in the order of three (3) car parking spaces.

Front Setback The average distance of the setbacks of the front walls of the existing buildings on the abutting allotments facing the front street or 9 metres, whichever is the lesser.

The development complies with this requirement as it achieves a minimum front setback of 8.24 metres from Jean Street.

Site Coverage Maximum 60% - as per ResCode

The development complies with this requirement as it achieves an overall site coverage percentage of 47.1.

3.0 SITE PLANNING HISTORY 3.1 Planning Permit KP726/04 was issued by the City of Kingston on 6 April 2005 for

the development of the land at No. 38 - 40 Jean Street, Cheltenham for ten (10) dwellings.

3.2 Planning Application KP221/03 was refused by the City of Kingston on 24

September 2003 for the development of the site (No. 38 – 40 Jean Street, Cheltenham) for twelve (12) dwellings.

3.3 Council’s decision was upheld by order of the Victorian Civil and Administrative

Tribunal (VCAT) on 4 March 2004, whereby it was directed that a permit must not be granted for planning application KP221/03.

4.0 SITE & SURROUNDS 4.1 The subject site comprises three (3) allotments on the north-east side of Jean Street,

Cheltenham, with a combined site area of 2411.4m2. 4.2 The site is rectangular in shape, and has a 45.72 metre frontage to Jean Street and a

depth of 52.92 metres. 4.3 The site currently contains a single storey dwelling and associated outbuildings on

each allotment, which are set back in the order of approximately 10 metres from the site’s front property boundary.

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setback of each dwelling and to the rear. The typography of the land can be described as relatively flat. The site does not contain any easements.

4.5 Vehicle access to the site is provided via three (3) driveways to Jean Street i.e. one (1)

crossover for each allotment. 5.0 ADJOINING PROPERITES & SURROUNDS 5.1 The aerial photograph to follow provides you with an illustrative analysis of the

Subject Land and surrounding environs, which is quite varied given the zoning of the land in the immediate area.

5.2 Land directly surrounding the site is zoned Residential 1 (R1Z) and is developed for

residential purposes comprising of single, double and three (3) storey construction. 5.3 Adjoining the subject land to its north-west is a three (3), single storey, unit

development (No. 42 Jean Street). Abutting the site to its rear (north-east) is a three (3) storey residential development (No. 1 Garfield Street), a double storey, attached form, residential development (No. 1A Garfield Street) and a single storey unit development (No. 3 Garfield Street). Land adjoining the site to the south-east contains a single storey brick veneer dwelling.

5.4 The land is located approximately 100 metres south-east of Westfield’s Southland

Shopping Centre. As such, land further to the north and further to the north-east side of the subject site, along Nepean Highway, is zoned Business 1 (B1Z) and Business 4 (B4Z) and is developed with commercial buildings that form part of the Cheltenham Principle Activity Centre.

6.0 TITLE DETAILS 6.1 The Permit Applicant has completed the planning application form declaring that

there is no restrictive covenant on the title.

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7.0 PLANNING CONTROLS 7.1 The subject site is located within a Residential 1 Zone and is not subject to any

overlay controls. 8.0 PLANNING PERMIT REQUIREMENTS 8.1 Pursuant to Clause 32.01 – Residential 1 Zone, a planning permit is not required to

use the site for residential purposes. 8.2 Pursuant to Clause 32.01 – Residential 1 Zone, a planning permit is required to

construct two (2) or more dwellings on a lot.

9.0 ADVERTISING 9.1 Prior to advertising, the Permit Applicant submitted revised plans on 2 March 2010

that essentially addressed the initial concerns outlined within the Planning Officer’s further information letter. It is these revised plans that formed part of the advertising documentation. Subsequent to the advertising of the proposal, the Permit Applicant submitted revised concept plans on 26 May 2010, which sought to address concerns raised by Council Officers. It is now these plans which form the basis of this recommendation, and are now under consideration by Council.

9.2 It was not considered necessary for the concept plans to be readvertised to

neighbouring properties, given that the amendments to the proposal are not considered to result in any increased detriment, and have been prepared to rectify concerns identified by Council Officers.

9.3 The proposal was advertised by sending notices to adjoining and opposite property

owners and occupiers and by maintaining a notice on site for fourteen (14) days. Forty-eight (48) objection(s) to the proposal were received. The valid grounds of objection raised are summarised as follows:

Traffic, parking, access & safety concerns; Overdevelopment; Overlooking / Loss of privacy; Noise disturbance; Neighbourhood character; Construction phase; Waste collections; and Devaluation of Property.

10.0 PRELIMINARY CONFERENCE 10.1 A preliminary conference was held on Tuesday, 20 April 2010 with the relevant

Planning Officer, all three (3) Ward Councillor(s), the Permit Applicant and twenty-seven (27) community representatives (objectors) were in attendance. The above-mentioned issues were discussed at length.

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10.2 The above concerns were unable to be resolved at the preliminary conference, and the objections still stand.

11.0 REFERRALS 11.1 The following internal referral departments were notified of the application:

Council’s Development Engineer Council’s Vegetation Management Officer Council’s Urban Designer Council’s Traffic Department Council’s Team Leader – Maintenance Contracts Council’s Street Tree Officer

11.2 The above-mentioned referral authorities had no objection to the proposal, subject to

conditions being included on any permit issued. The ‘Planning Consideration’ section of this report will further elaborate on comments received from internal referral authorities, where necessary.

12.0 RELEVANT POLICIES 12.1 State Planning Policy Framework (SPPF)

Clause 12: Metropolitan Development Clause 14: Settlement Clause 15: Environment Clause 16: Housing Clause 18: Infrastructure Clause 19: Particular Uses & Development

12.2 Local Planning Policy Framework (LPPF) Clause 21.03: Land Use Challenges for The New Millennium Clause 21.04: Vision Clause 21.05: Residential Land Use Clause 22.01: Cheltenham Business Centre Policy Clause 22.11: Residential Development Policy

12.3 Particular Provisions

Clause 55: Two or More Dwellings on a Lot & Residential Buildings

12.4 General Provisions Clause 65: Decision Guidelines

12.5 Neighbourhood Character Area Guidelines (Incorporated Document under Clause

21.05 – Residential Land Use of the LPPF)

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The land is located within Area 31 of the Neighbourhood Character Guidelines, which encompasses a small residential pocket on the west side of Nepean Highway. The proposal is generally in accordance with the applicable character profile. There are no elements identified within this character area as making a ‘major’ or ‘critical’ contribution to neighbourhood character.

12.6 Design Contextual Housing Guidelines (April 2003 – reference document within

Clause 22.11 – Residential Development Policy) The Design Contextual Housing Guidelines offer a range of design techniques and

suggestions to assist with residential design, which is responsive to local character. It is considered that the proposed development does not raise any issues of non-

compliance with these guidelines. 13.0 PLANNING CONSIDERATIONS: 13.1 State Planning Policy Framework

The State Planning Policy Framework sets out the relevant state-wide policies for residential development at Clause 11 (Goals and Principles), Clause 12 (Metropolitan Development), Clause 14 (Settlement), Clause 16 (Housing) and Clause 19 (Design and Built Form). Clause 11 requires Council to integrate the range of policies relevant to the issues to be determined and to balance conflicting objectives in favour of net community benefit and sustainable development. The provisions of Clause 12 override other strategies in the SPPF where there are strategy differences. Clause 12 essentially reproduces the policy directions of Melbourne 2030 and it outlines objectives and strategies under each policy to achieve the goals of Melbourne 2030. Of specific relevance to the consideration of this application, it encourages urban consolidation in appropriate locations and stresses the need to accommodate the projected population increase (i.e. 620,000 households by 2030) in and around activity centres, established residential areas and strategic redevelopment sites. Clause 14 aims to ensure there is a sufficient supply of land available for residential development to facilitate the orderly development of urban areas. Clause 16.01-1 aims to encourage residential development that is cost-effective in infrastructure provision and use, energy efficient, incorporates water-sensitive design principles and encourages public transport use. Clause 19.03 relates to the Design and Built Form of developments and aims to ensure that developments achieve high quality designs that contribute positively to the urban character of the area. It is submitted that the proposed development satisfies the aforementioned State strategies and policy direction. Specifically, the subject site is located on land earmarked for residential purposes, whereby residential development is an ‘as of right’ use under the zoning provisions. The site enjoys convenient and direct access

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to a Principle Activity Centre (i.e. Westfield Southland), community facilities and the like, including public transport nodes.

13.2 Local Planning Policy Framework

The Local Planning Policy Framework (LPPF) contains Council’s strategic direction, the Municipal Strategic Statement (MSS), which is an extension of the direction established by the SPPF, and the local policies that implement the LPPF. Within Clause 21 (MSS) of the Kingston Planning Scheme, the following five (5) attributes are submitted as being the most relevant to the consideration of the proposal: Clause 21.03: Land Use Challenges for The New Millennium Clause 21.04: Vision Clause 21.05: Residential Land Use Clause 22.01: Cheltenham Business Centre Policy Clause 22.11: Residential Development Policy After reviewing the relevant strategic directions that emerge from the abovementioned Clauses, the following can be summarised: Clause 21.03: Land Use Challenges for The New Millennium identifies the

need for the Municipality to provide suitable housing stock that meets future housing demands and to sustain an appropriate mix of supporting urban infrastructure. It is further stated that recent pressures for new development, consolidation and medium density housing has resulted in change to the amenity and character of local areas. It is acknowledged that careful management will be required in order to integrate urban consolidation objectives with an understanding of specific character issues applicable to certain neighbourhoods.

Within Clause 21.04-3: Strategic framework plan (Clause 21.04 Vision),

provides for the strategic direction for future land use planning and development within the City of Kingston. This Policy includes a Strategic Land Use Framework Plan, which identifies the location of where specific land use outcomes are anticipated, supported and promoted.

The major strategic directions identified on the overall Framework Plan

include:

o Locations for promotion of medium and higher density housing opportunities i.e. areas designated for increased density housing opportunities and activity centres.

The City of Kingston’s MSS at Clause 21.05 (Residential Land Use) of the

Kingston Planning Scheme, seeks to provide guidance to development in residential zoned land, mixed use zoned lands and land within activity centres. The Residential Land Use Framework Plan illustrates the range of housing outcomes sought across the City of Kingston.

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Pertinent to the consideration of this application, the policy goes on to state

that “The vision for Kingston’s residential areas outlined in the Kingston Residential Strategy - September 2000 is: to promote and facilitate both increased local housing diversity to meet the changing housing needs of the community and increased liveability within an integrated planning framework. The MSS seeks to promote medium density housing in locations better suited to accommodating housing change and to moderate the rate and type of housing change in other locations”.

Relevant objectives and strategies in Clause 21.05-3: Residential Land Use

include:

o To provide a range of housing types across the municipality to increase housing diversity and cater for the changing housing needs of current and future populations, taking account of the capacity of local areas in Kingston to accommodate different types and rates of housing change. This is to be achieved through encouraging residential development within activity centres via mixed-use development, and on transitional sites at the periphery of activity centres.

o To ensure new residential development respects neighbourhood character and is site responsive, and that medium density dwellings are of the highest design quality. This is to be achieved through promoting new residential development, which is of a high standard, responds to the local context and positively contributes to the character and identity of the local neighbourhood.

o To promote more environmentally sustainable forms of residential development. To be achieved through promoting medium density housing development in close proximity to public transport facilities, particularly train stations.

o To manage the interface between residential development and adjoining or nearby sensitive/strategic land uses.

o To ensure residential development does not exceed known physical infrastructure capacities.

o To recognise and response to special housing needs within the community.

Once again in much the same vein as Clause 12.06 in the State Planning Policy, which reinforced the need to encourage urban consolidation in appropriate locations and stresses the need to accommodate the projected population increase, Council’s Local Planning Policy at Clause 21.05 seeks to do likewise.

Clause 22.01: Cheltenham Business Centre Policy is Kingston’s pre-

eminent retailing activity centre. The following Policy objectives are considered relevant to this application:

o To provide clear direction for land use and development within each

precinct forming part of the Cheltenham Business Centre.

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o To encourage the consolidation and renewal of the built form through the redevelopment of key sites within the centre for innovative medium density housing.

o To encourage medium density residential development in areas around the centre with a mixture of accommodation types and building scales.

o To encourage the aggregation of sites as a means of providing greater flexibility for the design of higher density housing.

Where relevant to this application, the policy direction states that:

o The development and use of land within the Cheltenham Business Centre be guided by the Cheltenham Business Centre Physical Framework Plan attached to this clause.

o Development is appropriate to the identified role and function of each precinct within the Cheltenham Business Centre, and facilitates the consolidation of a range of retail, office, commercial, peripheral sales, community services, medical, entertainment and medium to higher density residential uses in specific locations across the centre.

o The scale, bulk and height of buildings reflects the local context and character of surrounding buildings.

o The design and siting of buildings incorporates landscape and urban design themes to enhance the visual amenity of the centre.

o Adequate on-site parking is provided generally to the rear of buildings.

o …medium density residential development be encouraged within the surrounding precincts, so as to maximise the use of the available public transport in the area and promote the viability of local shopping facilities.

The subject land is identified within the ‘Medium Density Residential’ precinct of the Cheltenham Business Framework Plan. Specific to this precinct, the following applies:

o Medium density residential development be encouraged with a mixture of accommodation types and building scales.

o Development optimises site utilisation, is innovative, responsive to its streetscape context and incorporates the following design features:

- A high level of articulation in building setbacks, facades and roof lines.

- Open landscaped front gardens. - Low or transparent front fencing styles.

o Where site consolidation is proposed, the following design responses may be supported:

Where the amenity of adjoining properties will not be significantly reduced:

- Multi-level buildings (up to a maximum of two storey plus attic, giving three levels).

- Construction of single storey walls on side boundaries. - Flexibility in the size and layout of private open space.

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- Reduction in street frontage setbacks. Clause 22.11 Residential Development Policy extends upon the provision

contained at Clause 21.05 (Residential Land Use), effectively promoting high-density development around activity centres and locations close to public transport.

In summary, the proposal is considered to be consistent with Council’s Local Planning Policy Framework. Importantly, the proposal delivers on specific objectives relating to new residential development, which seek to encourage well-designed medium density housing in appropriate locations (i.e. around activity centres) as well providing diversity in housing choice to assist in meeting the anticipated future population forecasts.

13.3 Particular Provisions

Clause 55: Two or More Dwellings on a Lot & Residential Buildings

It is acknowledged that the provisions of Clause 55 (ResCode) of the Kingston Planning Scheme apply in this instance. Accordingly, the proposal has been assessed against the objectives and standards of this Clause and it is considered that the development largely satisfies the requirements of ResCode and, in general, is site responsive. It is important to note that a development must meet all of the objectives of this Clause, and should meet all of the standards of this Clause. There are some minor variations sought to a few of the Standards found within Clause 55, these namely relate to the following: Standard B7: Building height Standard B10: Energy efficiency Standard B23: Internal views Standard B28: Private open space Standard B29: Solar access to open space

The ‘Planning Consideration’ section of this report will further elaborate on the above items where concessions are being sought.

14.0 PLANNING CONSIDERATION & ASSESSMENT OF KEY ISSUES:

Prior to exploring the planning consideration and focal topics presented below, it should be recognised that the subject Land is suitable for development and both the State and Local Planning Policy Framework supports this notion with the site being earmarked as an ‘increased housing diversity’ area. It is Council’s position to determine whether the proposal would achieve an “acceptable” outcome having regard to the applicable policies, decision guidelines and the provisions of the Kingston Planning Scheme.

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The following is a detailed response to the imperative matters associated with this planning application. It has been decided to address each of these matters in turn, in no particular order, however grouping them under their corresponding theme.

14.1 RESPONSE TO PREVIOUS TRIBUNAL ORDER

14.1.1 Before delving into the particulars of the application that is now before Council, it is important to reflect and review the former decision of the Tribunal, notwithstanding the fact that the matter was determined in 2004 and Council has since issued a planning permit, in 2005, for the development of land at No. 38-40 Jean Street for ten (10) dwellings.

14.1.2 The presiding member acknowledged that this area will experience a shift in

make-up and form of housing. As stated at paragraph 11 of the Order: ‘inevitably….the character of any given area has and is changing in an evolutionary manner. The character of this area has and is no different – broad urban consolidation policies together with specific policies such as those contained in Clause 22.01 [Council’s Cheltenham Business Centre Policy] will speed the process and there is ample evidence within the precinct demonstrating that this is so’. We note that the Policy applicable to this area remains largely unchanged as that used in determining KP221/03.

14.1.3 The reasons for which the proposal failed to satisfy the Tribunal related to

building design and layout and its inability to respond to the provisions of ResCode (Clause 55 of the Scheme). The Tribunal deemed the proposal to be comparable to a ‘two storey walk up flats from an early era – two parallel two storey blocks of units – relieved only on the southern side by a separated single storey component at the rear’…. The member went on to state that ‘although the proposal is not a ‘six pack’ so often referred to by planners and architects, its basic layout, height and scale means that it has a mass that dominates the immediate area. Upper level articulation is minimal with vertical two storey walls only slightly relieved by balconies and other features. Spaces between units at the upper level are as little as 2 metres with narrow balconies slotted into these gaps’ [12].

14.1.4 In conclusion of the Order, it is understood that the proposal was refused due

to an accumulation of design deficiencies, such as: inadequate front setback(s), minimal side setbacks, bulk and scale, poor internal amenity for future occupants and so on, which ultimately resulted in a poor design response for the subject site. However, in contrast to all of the proposal’s shortcomings, the Member did acknowledge and deem the layout and number of car parking spaces provided within the basement car park to be appropriate.

14.1.5 In instances where a decision of the Tribunal impacts a particular parcel of

land, it is not uncommon for new applications to respond to the direction provided in that particular order. It is no different in this matter presently before Council.

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14.1.6 To assist the Council in determining this matter, a comparative analysis has been undertaken against the design particulars of planning application KP221/03. As both applications were/are for a more compact form of housing, the analysis illustrates a response by the present permit applicant against the issues outlined in the previous determination, as well as identifying aspects of difference.

a) The subject land comprises of three (3) allotments identified as No. 36, 38

and 40 Jean Street, Cheltenham, whereas the previous application that went before the Tribunal included only two (2) allotments i.e. No. 38 and 40 Jean Street, Cheltenham.

b) The table below provides a comparison between the minimum setbacks

proposed for the former application refused by the Tribunal to that of the current application before Council:

North -west (side)

boundary:

North-east (rear)

boundary:

South-east (side)

boundary:

South-west (front)

boundary:

Ground Floor Former application

2.0 m

2.45 m

1.0 m

5.1 m

Ground Floor

Current application

4.0 m

2.75 m

3.5m

8.24 m

First Floor Former application

2.0 m

2.39 m

2.0 m

5.2 m

First Floor

Current

application

4.76 m

3.0 m

4.2 m

8.32 m

Second Floor Current application

5.0 m

8.5 m

5.9 m

10.43 m

c) The information contained within the above table illustrates that the

current proposal provides for greater setbacks on all floor levels from the site’s common and front property boundaries to that of the refused application.

d) As described by the presiding Tribunal member, the former application

included sheer wall components with minimal visual relief. The live application before the Council is one of a high architectural design standard that includes varying cosmetic treatments to all building facades, incorporating finishes such as horizontal and vertical timber elements, acrylic render, cohesive fenestration patterns, powder-coated aluminium louvered screening devices, glazed balconies and the like. All of the proposed external finishes, along with the varying setbacks on all floor

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levels, not only provide visual relief in the design, but create visual interest.

e) Given the generous setbacks the building offers on the ground floor level

from all property boundaries, this in effect allows for landscaping opportunities around the perimeter of the development and further assists to soften the development’s impact on all interfaces.

f) Overall, the proposal has responded to the critical flaws of the formerly

refused application. The Permit Applicant has responsibly chosen to use the Tribunal’s comments to form the basis of this current design.

14.2 CLAUSE 55 – RESCODE ASSESSMENT

14.2.1 The proposal has been assessed and determined to meet all of the Objectives and 29 of the 34 Standards of Clause 55 of the Kingston Planning Scheme (ResCode). The following provides a discussion of the five (5) areas of concessions sought, as identified above.

14.2.2 STANDARD B7: BUILDING HEIGHT

The overall building height for the proposed development ranges between 8.97 metres to 9.33 metres (excluding roof mounted screened services). Whilst it is acknowledged that Standard B7 of Clause 55.03-2 of the Kingston Planning Scheme suggests that developments should not exceed 9 metres in height, the additional 0.33 metres in building height is negligible and thus deemed appropriate for the following reasons:

The development includes side setbacks from all sensitive interfaces

that exceed ResCode requirements, therefore reducing the visual impact of the development on its immediate abuttals whilst also providing varying setbacks to increase the level of articulation;

A high level of articulation has been achieved by not only varying

setbacks, but by incorporating varying building materials and external finishes in the design and giving careful consideration to the siting of the building and location of windows, balconies and the like;

It is evident that within this residential precinct and gradually

overtime, properties are being redeveloped with more intense residential forms and densities. Prime examples of this include the residential developments that directly abut the subject land to the rear (north-east) as well as the recently constructed three (3) storey residential development on the corner of Garfield Street and May Street (No. 6 May Street).

With this said, Council is currently witnessing greater interest from the development industry to develop land within the immediate area for two (2) and three (3) storey, apartment style housing (compact living). It is anticipated that surrounding land will eventually be subject to

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redevelopment, in a similar manner to that currently proposed. In light of this information and taking into consideration the existing scale of development surrounding the Land (including Westfield Southland Shopping Centre), the scale proposed is considered in-keeping with the existing and evolving precinct; and

The minor variation in building height sought i.e. 0.33 metres is

considered negligible and is unlikely to cause any unreasonable amenity impact upon the site’s Jean Street setting.

14.2.3 STANDARD B10: ENERGY EFFICIENCY

This Standard states that buildings should be oriented to make use of solar energy. Whilst the majority of dwellings within the development have an excellent to good solar orientation, those dwellings located essentially to the south-east and south-west side of the development will understandably not be privy to the same level of solar energy opportunities. Council’s Planning Officer acknowledges that given the orientation of the site, not all dwellings can be provided with the same level of amenity e.g. north facing private open space areas. Having regard to the dwelling yield proposed, on balance, it is considered that the proposal achieves a high standard of energy efficiency, and the proposal is considered acceptable subject to a condition of any permit issued requiring the submission and approval of an Ecologically Sustainable Design (ESD) report, which provides details of measures taken to improve the buildings’ performance. Any such report will be reviewed by Council’s Environmental Sustainability Officer and must be to the satisfaction of Council in order to receive endorsement.

14.2.4 STANDARD B23: INTERNAL VIEWS

The Standard to Clause 55.04-7 of the Scheme suggests that ‘windows and balconies should be designed to prevent overlooking of more than 50 percent of the secluded private open space of a lower level dwellings or residential building directly below and within the same development’. It is noted that those balconies on the first and second floor plan that face neighbouring residential properties are screened by way of a 1.7 metre high powdered-coated aluminium louvered screen, as nominated on the elevation plans. However, details to address any unreasonable internal overlooking appear to be omitted from the plans, for example:

Details of screening measures to the side of each balcony on the first

and second floor level to ensure that no unreasonable views can be obtained to any lower level private open space areas within the development and/or neighbouring residential properties; and

Details of screening measures to prevent any unreasonable

overlooking between the balconies of Dwellings 28 and 29.

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Should a permit issue, it is recommended that suitable conditions be included that attend to these issues.

14.2.5 STANDARD B28: PRIVATE OPEN SPACE

The Standard to this Clause suggests that: ‘If no area or dimensions are specified in the schedule to the zone, a dwelling or residential building should have private open space consisting of: An area of 40 square metres, with one part of the private open space

to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 25 square metres, a minimum dimension of 3 metres and convenient access from a living room, or

A balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room, or

A roof-top area of 10 square metres with a minimum width of 2 metres and convenient access from a living room’.

The majority of private open space areas within the development comply with ResCode provisions. However, a concession to this Standard requirement is sought for the following dwellings: Ground level: Dwellings 2 to 6

Dwellings 8 to 12 (a total of 31.8m2)

First Floor level: Dwelling 26 (balcony area = 7.5m2).

It is common practice that private open space areas should be relative to the size of dwellings sought and their location. This is evident when looking at Council’s zoning controls, whereby Incremental Housing Change Areas, which are located within Residential 3 Zones, seek additional private open space requirements above that of ResCode. In comparison, Residential 1 Zones within the City of Kingston and not dissimilar to other municipalities, seek more conventional sizes of private open space areas. As we move towards apartment style housing, open space areas are commonly reduced from ResCode standards and are relative to the size of the dwelling proposed. This is evident for apartments that are at first floor level or above, where private open space areas are provided in the form of balconies. In developments like the proposed, this trend should be treated no different to apartments on the ground floor level. The aforementioned concept is one of a common approach and position of the Tribunal for developments of this manner. In this application, whilst the ground floor apartments fall short of 40 square metres they still exceed the minimum 25 square metres of Standard B28, and warrant approval given

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their size, dimensions and particularly taking into account the generous ground floor level of communal open space. With regard to the first floor level balcony of Dwelling 26, it is recommended that a condition be included on any permit issued to require the area of this balcony to achieve at least 8m2, in accordance with the applicable ResCode standard.

14.2.6 STANDARD B29: SOLAR ACCESS TO OPEN SPACE

To accord with this Standard, the private open space should be provided to the north of the dwelling, where possible. As previously discussed within this Report, the majority of dwellings within the development have been provided with good solar orientation, with the exception of those dwellings that essentially have a south-east or south-west orientation, including their private open space areas. Whilst it is acknowledged that these dwellings will not be afforded with the same level of solar access as other dwellings within the residential complex, it is submitted that all dwellings within the development include a good size and parcel of private open space area. It should be acknowledged that the development has been carefully designed to ensure that no one parcel of private open space within the development faces due south. Another pleasing element to the design is the central walkway, which is approximately 3.6 metres in width and allows for light penetration and ventilation on all levels. This central corridor is essentially the ‘hub’ to the development, providing excellent connectivity to each dwelling, a centralised generous portion of communal open space, voids free to the sky that will enhance the level of natural light into the development as well as enhance ventilation and airflow. This critical design element provides an improved level of amenity to those south-east and south-west dwellings, providing natural light opportunities to either end of each apartment. In addition, light-courts are also proposed to those enclosed apartments (i.e. those apartments that do not face Jean Street or the rear of the site) to provide additional access to natural light and ventilation. With the understanding and general consensus that given the scale of development proposed not all dwellings can enjoy the same level of amenity and given the reasons outlined above, the proposed development is considered appropriate in terms of solar access.

14.3 PROPOSED USE AND DEVELOPMENT OF THE SITE FOR THIRTY-TWO (32)

DWELLINGS

The subject land is located within a Residential 1 Zone. The proposed use of the site, as sought by this application, is of a residential nature for the development of the land for thirty-two (32) dwellings. As presented in Section 8.0 of this report and pursuant to the zoning provisions, a planning permit is not required to use the site for residential development.

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As the site is located in a Residential 1 Zone, the proposal is a Section 1 Use i.e. ‘as of right’, where approval is not required and, therefore, assessment of this application relates solely to the development, the layout and built form proposed. Accordingly, the following sections of this report will now focus on the fundamental merits of this proposal that have yet to be discussed, which include: neighbourhood character, urban design and environmental matters including drainage and landscaping. Each of these items shall be addressed in turn. 14.3.1 NEIGHBOURHOOD CHARACTER With regard to the subject site, its consolidated nature comprising of three (3) allotments, its proximity to a Principle Activity Centre and taking into consideration the various land uses and zoning found in the immediate area, it is appropriate to suggest that the subject land is suitable for a more intense, multi-level, form of development, given the site’s attributes. With respect to the existing and evolving residential ‘make-up’ of the surrounding area and pertinent to the consideration of this application, it is acknowledged that a range of densities exist from the standard detached / semi-detached medium density developments of one (1) or two (2) storeys found within immediate proximity to the site or emerging, more intense, forms of residential development such as the three (3) storey development that abuts the subject land to the rear (north-east) or the multi-storey apartment style development located on the corner of May Street and Garfield Street, Cheltenham. Given that Section 4 of this Report discusses, in detail, the surrounding environs to that of the subject site; it is not considered necessary to reiterate this information. However, the following conclusions can be made from the details provided within Section 4 of this report, these being: Notwithstanding that Jean Street largely comprises of single and/or double

storey dwellings, the placement and density of dwellings found within the immediate area vary, with no dominant characteristics evident;

The height, scale and form of development found within the immediate area

also varies substantially, with the presence of single, double (detached, semi-detached and attached forms), three storey development all within close proximity to the subject land;

Street setbacks are also varied within the surrounding area, which range from

approximately 4.5 metres to 9 metres; and

The site itself does not contain any significant vegetation and the vegetation found in the immediate area does not play a significant role in terms of defining neighbourhood character.

One of the most contentious aspects of the application with respect to the objector’s concerns relates to whether the proposed development density is appropriate for the site, especially in the context of its surrounding environment.

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Agenda 28 June 2010 It is clear that the site has enormous development potential which is supported by its individual site attributes, as well as by Council Policy. The zoning of the land, its location, size, absence of restrictive built form overlays and enabling planning policy all provide opportunities for a denser, compact form of development to be accommodated on this site. Further, it is apparent that the broad strategic thrust of both the State and Local Planning Policy Framework is to see site’s such as the one before Council to be utilised in a way to assist and cater for the anticipated housing need and increase in population. From the discussion had above, there is no particular or strong neighbourhood characteristics found within the immediate area that should be drawn upon or incorporated within this proposal. Similar to the view of the Tribunal, the surrounding area is evolving and, thus, experiencing a “transitional” period of change. Built form, dwelling styles, size and scale are all becoming increasingly diverse and, therefore, there is no one element that can be identified as a prevailing characteristic. It is for these reasons along with the proposal’s general compliance and consistency with other relevant aspects of the Planning Scheme, that it is submitted that the proposal will sit comfortably within the context of the site, its immediate abuttals and surrounding environment. 14.3.2 URBAN DESIGN One of the primary questions of interest and concern associated with this development relates to whether the three (3) storey building is appropriate for the site, especially in the context of its surrounding environs. Importantly, Cheltenham is defined as the only Principle Activity Centre within the Kingston Planning Scheme. As such, it is expected that this area is likely to experience further development / intensification given the policy thrust at both the State and Local Planning Policy Framework, including Melbourne 2030, which strives to see activity centres as the primary focal points for urban consolidation. It has been established that the site is earmarked for higher density development, given its zoning of Residential 1 and its Policy identification within an Increased Housing Diversity Area. Whilst the site is nestled within Council’s local Cheltenham Business Centre Policy (Clause 22.01), which gives rise to a preferred design and neighbourhood character approach for land within the ‘Medium Density Residential Precinct’, there are no mandatory height requirements that affect the subject site or its immediate area. Given the site’s proximity to Westfield’s Southland, its surrounding road network that feeds from an arterial road i.e. Nepean Highway, the make-up of the general area as detailed in the photographs below, the site is characterised by an expansive variety of residential and commercial buildings.

Below: Jean Street - no through road Northern end – Westfield Southland

94

Jean Streetscape Subject Land in foreground

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23 Garfield Street Sinclair Street intersection

Corner of Nepean Hwy & May Street

Westfield Southland West side of Nepean Hwy

The photographs define the eclectic development forms and uses found in the area. Given the diversity that surrounds the site, it is considered that the three (3) storey proposal will sit comfortably on the site, providing generous setbacks from its immediate residential interfaces. With regard to the site’s immediate residential abuttals, the streetscape elevation plan along with each floor level plan demonstrates the gradual transition in height as the building setbacks increase from the neighbouring property boundaries. The third storey component is further set back from all common boundaries and well recessed from its respective first floor level below, providing setbacks that range between 5.5 and 9 metres (approx). This gradual transition in built form provides not only visual relief to the neighbouring single, double and three storey properties, but also provides an appropriate transition in height to ensure that the three (3) storey development sits comfortably in its surrounding environs and does not tower over its immediate abuttals. Although the development is three (3) stories in height, a number of generous breaks to all elevations have been provided in the third level to reduce its impact to not only the adjoining residential properties but also to the streetscape. The cosmetic treatment of the building includes a variety of materials and external finishes to heighten articulation and provide visual interest. It is submitted that the development has been sensitively designed to ensure that a good level or articulation and visual relief (via suitable setbacks) has been achieved from all sensitive interfaces.

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Granted this application for a three (3) storey residential building is the first of its kind along Jean Street, however, based on the surrounding built form, the land size and the above discussion, it is submitted that the proposed development is an appropriate design response for the site and compliments its abuttals. 14.3.3 ENVIRONMENTAL MATTERS

As highlighted earlier within this report, there is no significant vegetation located on the subject site. A concept landscape plan accompanied the application, which was referred to Council’s Vegetation Management Officer for assessment and comment.

Council’s Vegetation Management Officer advised that they do not object to the proposal and that the revised landscape plan submitted is deemed appropriate.

With regard to ecological sustainable design initiatives, detailed information has not been provided to date in relation to ‘how green’ the proposed development might be. It is considered that a development of this scale should illustrate and provide ESD initiatives in terms of, but not limited to, storm water harvesting, energy conservation and water recycling.

Accordingly, it is recommended that a condition be included on any permit issued requiring an ESD report to be prepared by a suitably qualified professional and submitted to Council for assessment and approval. The ESD report should discuss (where relevant) on-site stormwater harvesting (e.g. rainwater gardens, slim-line water tanks, permeable paving options, water re-use principles etc), electrical appliances and fittings and general energy efficient concepts.

15.0 RESPONSE AGAINST GROUNDS OF OBJECTIONS 15.1 TRAFFIC, PARKING, ACCESS & SAFETY CONCERNS

Clause 52.06 Car Parking of the Kingston Planning Scheme outlines the parking requirements for a variety of uses. The overriding purpose of this Clause is to ensure that car parking facilities are provided in accordance with the State and Local Planning Policy Framework. Notwithstanding the requirements of Clause 52.06, the car parking rate applicable to this application is provided under Clause 55, Standard B16, of the Kingston Planning Scheme. Accordingly, a prescribed rate of one (1) car parking space to each one (1) or two (2) bedroom dwellings is required. For dwellings that include three (3) or more bedrooms, a rate of two (2) car parking spaces is required.

Further to the above requirements, Standard B16 specifies that for developments of five (5) or more dwellings, a rate of one (1) visitor car parking space should be provided for every five (5) dwellings.

In response to the above provisions, the proposal generates a statutory car parking requirements for thirty three (33) resident car parking spaces and six (6) visitor car parking spaces.

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As part of the proposal, the development includes a forty-two (42) car space basement car park via a modified crossover arrangement from Jean Street. Accordingly, the development exceeds the car parking requirements stipulated in the Scheme, with an additional three (3) spaces provided. Many objectors noted that there are a number of existing traffic challenges within Jean Street, including on-street car parking availability, safety concerns regarding exacerbated traffic levels due to the proposed development and concerns relating to Jean Street being a ‘no through’ street. As outlined above, it is submitted that the level of car parking provided on-site is sufficient to meet the needs of future occupants as well as visitors to the site. Further, the development not only complies, but exceeds the provisions of Standard B16 (Parking Provision) of Clause 55 of the Kingston Planning Scheme. It is important to note that the issues raised by objectors in relation to parking and traffic have been considered previously by both Council and the Tribunal, in the assessment and decision of the former application for twelve (12) dwellings (i.e. planning application KP221/03) on two (2) of the allotments that form part of the subject land. This former application proposed a basement car park area, which contained twenty-four (24) car parking spaces. The Tribunal, in its determination, did not raise issue with the location of the crossing to service the development, nor the effect of the proposal on street parking or Jean Street in general. On the whole, the presiding member stated in the Order that ‘I accept the evidence of Mr O’Brian and am satisfied with the layout, operation and number of car spaces in the basement car park’ [15]. Whilst it is noted that the previous application was for fewer dwellings to that which is now proposed, taking into account that the subject land is greater in size as it encompasses an additional allotment, both Council’s Planning Officer and Council’s Traffic Engineer are of the view that the level of traffic and associated noise generated as a result of the proposed development for thirty-two (32) dwellings would not be significant. It is further submitted that the likely level of car ownership should not significantly impact on the current traffic conditions in Jean Street, which has been substantiated following no evidence of traffic problems found following site inspections conducted by Council’s Planning Officer. Although objectors have raised concern of Jean Street being a ‘no through’ road and the suggested traffic issues and vehicle congestion that will eventuate should the development go ahead, Council Officers have no evidence to suggest that traffic generation to this end of the street would be for any other purpose other than for use of residents and visitors to the existing dwellings in the street. It is acknowledged that the proposal will result in an increase of vehicle usage in Jean Street, as it is anticipated that the proposal will generate in the order of 5-6 vehicle trips per dwelling per day and that approximately 10% of these trips would be generated during each of the peak periods. This equates to up to 192 vehicle trips per day of which approximately 19 trips would occur during each of the peak hours.

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As stipulated by Council’s Traffic Engineer, the additional vehicle trips generated by the proposed development are not anticipated to have any adverse impact on traffic conditions in the vicinity of the site or the surrounding road network. Subject to the inclusion of suitable conditions on any permit issued, Council’s Traffic Engineer does not object to the proposal. Based on the above discussion and in summary, it is submitted that the residential development is an appropriate use for the site, in a traffic context, and is deemed acceptable for the following reasons:

The development proposes an adequate level of on-site resident and visitor

car parking spaces that exceeds the Scheme’s requirements; The level of car parking provided on-site is deemed an adequate supply of

parking to satisfy the parking demands generated by the development;

Traffic generation to and from the site can be adequately accommodated within the surrounding street network; and

Subject to appropriate conditions included on any permit issued, the car

park layout and access arrangements are deemed appropriate.

15.2 OVERDEVELOPMENT

As already confirmed the Site is subject to a Residential 1 Zone, adjoins residential development of single, double and three storey construction and is surrounded by a mix of uses of a residential and non-residential nature. Furthermore, the plethora of policy within the Kingston Planning Scheme seeks to channelise more intense development within residential opportunity sites of a consolidated form such as this, and, therefore, an intense type of development can be expected within land zoned for ‘Increased Housing Density’ purposes. Accordingly, the form of development is considered an acceptable response given the Land’s zoning. For reasons that have been thoroughly outlined and assessed in earlier sections of this report, and subject to condition recommendations, the following is noted:

1. the development exceeds car parking requirements and, as such, all dwellings are provided with the required amount of on-site car parking, in accordance with ResCode requirements;

2. all dwellings are provided with a suitable amount of private open space area;

3. an appropriate level of amenity is provided to each dwelling proposed; 4. due to the generous setbacks and high quality cosmetic treatment proposed

for all elevations, the proposal does not result in an unreasonable loss of amenity for abutting properties;

5. the maximum site coverage proposed is 47.1%, which is well within the applicable ResCode standard (60%); and

6. in general, the building layout and urban design elements of the building are of a high architectural merit and thus deemed appropriate.

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Based on the above dot points, it is submitted that the proposal does not result in an overdevelopment of the site and with the inclusion of suitable conditions incorporated within any permit issued; the proposal lends itself to be supported.

15.3 OVERLOOKING / LOSS OF PRIVACY In accordance with the provision of Clause 55.04-6 (Overlooking objective) a habitable room window, balcony, terrace, deck or patio should be located and designed to avoid direct views into secluded private open space of an existing dwelling within a horizontal distance of 9 metres. Where it is determined that a development will result in unreasonable overlooking, appropriate screening devices or measures should be incorporated into the design (e.g. obscure screening or highlight windows to a height of 1.7 metres above the respective finished floor level), in accordance with Standard B22 of Clause 55.04-6.

As discussed earlier within this report, the elevation plans clearly demonstrate that all balconies and habitable room windows located on the first and second floor level that directly face a residential property are screened via the provision of a 1.7 metre high power-coated aluminium louvered screen or a highlight/raised window.

Recapping on previous information provided within this Report, details appear to have been omitted from the plan with regard to any screening provisions on the side of these upper level balconies, to ensure that no unreasonable internal or external overlooking results.

For clarification purposes, it is recommended that should a permit issue suitable conditions be included requiring full details of all first and second floor level balcony and habitable room window screening specifications that demonstrate compliance with both Standard B22 of Clause 55.04-6 and Standard B23 of Clause 55.04-7 of the Kingston Planning Scheme.

15.4 NOISE DISTURBANCE

Any noise generated from the Subject Land would be of a residential nature. It is noted that residential use is an ‘as of right’ use (i.e. no permit required) as specified in the Residential 1 Zone provisions. Therefore, it is submitted that any noise that will be generated from the site, should a permit issue, will be of a residential nature, which is expected and permitted given the zoning provisions. Furthermore, should the development be approved and a permit issue, the Applicant will be required to seek building approval, which will assess the appropriateness of all materials / construction methods to ensure that the dwellings are structurally sound and in accordance with the Australian Building Standards with relation to sound grading measures etc.

15.5 NEIGHBOURHOOD CHARACTER

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With regard to this concern and to avoid repetition, extensive discussion has been provided within Section 14.3.1, under the Planning Consideration Section of this report.

15.6 CONSTRUCTION PHASE

A number of objectors raised concerns in relation to the inconvenience the proposal would cause during its construction phase, particularly with regard to construction hours and traffic/car parking concerns. Subject to approval, the Permit Applicant would be required to submit a Construction Management Plan that details, amongst other things, the construction hours, delivery schedule and routes, site management details, pedestrian and vehicle management, parking provisions and general site management details to Council’s satisfaction. Although the concerns surrounding this issue are appreciated, in the event that approval is granted, both Council and the Permit Applicant would endeavour, as best as possible, to minimise any disturbance and/or inconvenience caused to the surrounding community during the construction phase.

15.7 WASTE COLLECTIONS

A written submission prepared by the Permit Application (Aurecon Consultants Pty Ltd) details refuge collection for the development. As confirmed by the Permit Applicant and typical of developments such as this, waste collection is proposed by way of a private contractor. Concern was raised within objections and at the preliminary conference meeting that residents would likely leave bins along the naturestrip and cause detriment to the streetscape due to the amount of bins likely to be stored out the front of the site, waiting for Municipal Waste Collection. Should a permit be granted for the proposal, it is recommended that a condition be included that requires a Waste Management Plan (WMP) to be submitted and approved by the Responsible Authority. It is required that the WMP must outline, at minimum:

The manner in which waste will be stored and collected including: type, size

and number of containers. Spatial provision for on-site storage. Details whether waste collection is to be performed by Council’s services or

privately contracted. The size of the collection vehicle and the frequency, time and point of

collection.

Any such report will be reviewed by Council and must be to the satisfaction of Council in order to receive endorsement.

15.8 DEVALUATION OF PROPERTY

Council has no way of determining whether surrounding properties are likely to decrease or increase in property values as a result of the proposed development.

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Accordingly, it is submitted that this is not a valid ground of objection or one which Council can consider against the relevant planning provisions.

16.0 CONCLUSION: 16.1 For reasons discussed within this report, it is submitted that the proposal be supported

subject to the adoption of the recommended permit conditions. 16.2 The proposed development is considered appropriate for the site as evidenced by:

The design and siting of the proposed development to be compatible with the surrounding area;

Suitability of the site for high density residential development having regard to the policy context and applicable planning provisions;

In general, acceptability of the built form of the proposed development, specifically in regard to building footprint and scale;

Consideration of any external amenity impacts; Adequacy of internal amenity; Consideration of the provision of car parking (to dwellings and visitors) and

traffic related matters; The proposal generally satisfies the requirements of the Kingston Planning

Scheme, including the State and Local Planning Policy Framework, Residential 1 Zone, the relevant Particular Provisions and Clause 65 - Decision Guidelines (subject to appropriate conditions).

16.3 On balance and subject to the inclusion of suitable conditions, the proposal is

considered reasonable and warrants support. 17.0 RECOMMENDATION: That Council Resolve to Issue a Notice of Decision to Grant a Permit for the development of this site for thirty-two (32) dwellings be issued, subject following conditions:

1. Before the development starts amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be substantially in accordance with the plans submitted to Council on 2 March 2010 and those revised on 26 May 2010, but modified to show:

a. the provision of a landscape plan in accordance with the submitted development plan and the City of Kingston Landscape Plan Checklist, with such plans to be prepared by a suitably qualified landscape professional and incorporating:

viii. an associated planting schedule showing the proposed location, species type, mature height and width, pot sizes and number of species to be planted on the site. The schedule must be shown on the plan;

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ix. the delineation of all garden beds, paving, grassed areas, retaining walls, fences and other landscape works including areas of cut and fill throughout the development;

x. all existing trees on the site and within three (3) metres to the boundary of

the site on adjoining properties, accurately illustrated to represent actual canopy width and labelled with botanical name, height and whether the tree is proposed to be retained or removed;

xi. a range of plant types from ground covers to large shrubs and trees;

xii. adequate planting densities (e.g.: plants with a mature width of 1 metre,

planted at 1 metre intervals);

xiii. the provision of two (2) suitable medium sized (at maturity) canopy trees within the front setback of the property and one (1) small (at maturity) tree within the private open space area of each dwelling, with species chosen to be approved by the Responsible Authority;

xiv. sustainable lawn areas and plant species taking current water restrictions

into consideration;

xv. all trees provided at a minimum of two (2) metres in height at time of planting;

xvi. medium to large shrubs to be provided at a minimum pot size of 200mm;

xvii. the provision of notes on the landscape plan regarding site preparation,

including the removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements; and

xviii. the provision of a notation of the Tree Protection Details as provided in

Conditions 3, 4, 5 and 6 of this permit. This includes all nominated tree protection zones to be drawn to scale on the plans.

b. the provision of a pedestrian site triangle of 2.5m (along the proposed driveway) by 2.0m (along the site boundary) on the existing (southern) side of the proposed driveway, no greater than 900mm in height, in accordance with AS2890.1;

c. the transition length at the top of the ramp nominated with a grade no more than 1 in 10 for a distance of 3m;

d. the provision of a detailed plan and longitudinal section of the ramp (including dimensions, levels and grades) that nominates a headroom clearance of at least 2.1m (preferably 2.3m) at the entrance to the basement as per Figure 5.3 of AS2890.1;

e. the provision of a security door, or similar, for the basement car park, including full details of security measures (e.g. intercom system, card access, safety lights etc.);

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f. all columns within the basement car park set back at least 750mm from the entry end of the space and protrude no more than 1.75 metres into the space;

g. car parking spaces 12, 13, 26, 27, V1 and V4 widened OR provided with an aisle extension as per of AS2890.1;

h. full screening details for all first and second floor balconies and windows, in accordance with Standards B22 and B23 of Clause 55 of the Kingston Planning Scheme, to ensure that no unreasonable internal and external overlooking occurs;

i. the balcony of Dwelling 26 increased to a minimum area of 8 square metres, in accordance with Standard B28 of Clause 55 of the Kingston Planning Scheme;

j. the provision of a north-east facing window to bedroom 1 and Dwellings 6 and 7;

k. the provision of a north-east facing highlight window or similar for bedroom 1 of Dwellings 19 and 20;

l. those first floor bedroom windows that face a lightwell and a bedroom window of a different dwelling nominated as highlight windows or screened accordingly;

m. all bedroom windows on the second floor level clearly nominated in a location that best takes advantage of receiving natural light opportunities;

n. the surface material of the driveway leading to the basement car park area nominated in all-weather coloured concrete sealcoat, or similar;

o. the provision of a detailed elevation plan for all fencing located within the front setback of the development with such fencing to be of a high design standard (no paling fences);

p. all internal fencing clearly nominated including details of height, type, style and colour;

q. the provision of a full colour, finishes and building materials schedule, including samples (illustrated on an A4 or A3 sheet), for all external elevations, fencing and the driveway of the development; and

r. a notation on the floor / site plan(s) stating: “The redundant vehicle crossing(s) must be removed, kerb & channel must be reinstated and the extension to the existing footpath up to the wing of the vehicle crossing must be constructed to the satisfaction of the Responsible Authority”.

2. The development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.

3. A Tree Protection Zone (TPZ) must be observed at a distance of the following:

a) Three (3) metres in a radius surrounding the Eucalyptus leucoxylon (Yellow Gum) within the front setback in the north west corner of the site.

4. Prior to the commencement of the development herby permitted a Tree Protection Fence defined by a 1.2 metre (or larger) high temporary fence constructed using steel or timber posts fixed in the ground or to a concrete pad, with the fence’s side panels to be constructed of cyclone mesh wire or similar strong metal mesh or netting, must be erected around the Eucalyptus leucoxylon (Yellow Gum) at the distance specified for the TPZ.

5. The following must be observed within the TPZ area (without the further consent in writing of Council’s Vegetation Management Officer):

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a. the existing soil level must not be altered either by fill excavation;

b. the soil must not be compacted or the soil’s drainage changed;

c. no fuels, oils, chemicals, poisons, rubbish and other materials harmful to trees are to be stored or dispersed;

d. no storage of equipment, machinery or material is to occur;

e. open trenching to lay underground services e.g.: drainage, water, gas, etc. must not be used;

f. tree roots must not be severed or injured; and

g. machinery must not be used to remove any existing concrete, bricks or other materials.

6. All tree pruning work must be in accordance with the Australian Standards AS4373 (2007) “Pruning of Amenity Trees” and be undertaken by a qualified and experienced Arborist.

7. Prior to the occupation of the development hereby permitted, the landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority. The landscaping must then be maintained to the satisfaction of the Responsible Authority.

8. Prior to the occupation of the development hereby permitted, all buildings and works and the conditions of this permit must be complied with, unless with the further prior written consent of the Responsible Authority.

9. Prior to commencement of the development hereby permitted, a Site Management Plan (SMP), to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority and when approved shall thereafter be complied with. The SMP must clearly set out measures to prevent amenity loss to surrounding properties during the construction period. The Plan is to include, but limited to, measures to control the emission of dust/sand, rubbish on site, loading/unloading times, construction times, and parking of builder’s vehicles etc. This plan when endorsed must not be varied without the prior approval of the Responsible Authority. It must also be implemented to the satisfaction of the Responsible Authority.

10. Before the commencement of any buildings and works on the Land, a Construction Management Plan (CMP), to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority and when approved shall thereafter be complied with. The CMP must specify and deal with the parking of vehicles during construction, delivery of materials, containment of waste on site and suppression of dust, business operations on the site during construction.

11. Before the commencement of any buildings and works on the Land, a Waste Management Plan (WMP) to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the Plan will be endorsed and will then form part of the permit. Three copies of the plan must be submitted. The Plan must include but is not limited to:

b) The manner in which waste will be stored and collected including: type, size and number of containers.

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c) Spatial provision for on-site storage.

d) Details whether waste collection is to be performed by Council’s services or privately contracted.

e) The size of the collection vehicle and the frequency, time and point of collection.

The WMP must be implemented to the satisfaction of the Responsible Authority. The WMP must not be modified unless without the written consent of the Responsible Authority.

12. The development of the site must be provided with stormwater works which incorporates the use of water sensitive urban design principles to improve stormwater runoff quality and which also retains on site any increase in runoff as a result of the approved development. The system must be maintained to the satisfaction of the Responsible Authority. Council's Development Engineer can advise on satisfactory options to achieve these desired outcomes which may include the use of an infiltration or bio retention system, rainwater tanks connected for reuse and a detention system.

13. Before the development commences, a Stormwater Management Plan showing the stormwater works to the nominated point of discharge must be prepared to the satisfaction of the Responsible Authority. The Stormwater Management Plan must be prepared by a qualified person and show all details of the proposed stormwater works including all existing and proposed features that may have impact (e.g. trees to be retained, crossings, services, fences, abutting buildings, existing boundary surface levels, etc.).

14. Stormwater works must be provided on the site so as to prevent overflows onto adjacent properties.

15. The levels at the front of the site must not be altered, unless without the written consent of the Responsible Authority.

16. The existing vehicle crossing in front of the ramp to the basement car park must be reconstructed with industrial strength to Kingston City Council’s Standards.

17. Prior to the occupation of the development hereby permitted, or by such later date as

is approved by the Responsible Authority in writing, the nature strip, kerb and channel, vehicle crossover and footpath must reinstated to the satisfaction of the Responsible Authority.

18. Any existing vehicular crossing not in accordance with the endorsed plan must be

removed and the kerb reinstated in a manner satisfactory to the Responsible Authority and any proposed vehicular crossing must be fully constructed to the Responsible Authority’s standard specification.

19. Prior to the occupation of the development hereby permitted, all boundary fences

must be repaired and/or replaced as necessary to the satisfaction of the Responsible Authority, at the cost of the applicant/owner.

20. Prior to the occupation of the development hereby permitted, areas set aside for

parking vehicles, access lanes and paths as shown on the endorsed plans must be:

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a. Constructed to the satisfaction of the Responsible Authority.

b. Properly formed to such levels that they can be used in accordance with the plans.

c. Surfaced in accordance with the endorsed plans under this permit or in an all weather coloured concrete seal-coat, to the satisfaction of the Responsible Authority.

d. Drained and maintained to the satisfaction of the Responsible Authority.

Parking areas and access lanes must be kept available for these purposes at all times and maintained to the satisfaction of the Responsible Authority.

21. All works on or facing the boundaries of adjoining properties must be finished and surface cleaned to a standard that is well presented to neighbouring properties in a manner to the satisfaction of the Responsible Authority.

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

23. In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies:

The development is not started within two (2) years from the date of permit issue.

The development is not completed within four (4) years from the date of permit issue.

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 before the permit expires, or within three months afterwards.

Note: Prior to the commencement of the development you are required to obtain the necessary Building Permit.

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

Note: Before removing / pruning any vegetation from the site, the applicant or any contractor engaged to remove any vegetation, should consult Council’s Vegetation Management Officer to verify if a Local Laws Permits is required for the removal of such vegetation.

OR

In the event that the Council wish to oppose the Officer’s recommendation to support the application, it can do so on the following grounds:

1. The proposal would have an adverse effect on the amenity of area.

2. The proposal constitutes an over-development of the site.

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3. The proposal would detract from the visual amenity of the locality and the

streetscape.

4. The proposal is inconsistent with the relevant policies under Clause 19.03 (Design and Built Form) of the Kingston Planning Scheme.

5. The proposal does not satisfy all of the requirements of Clause 55 of the Kingston Planning Scheme (ResCode), namely: Clause 55.02-1 Neighbourhood Character, Clause 55.03-2 Building Height, Clause 55.03-5 Energy Efficiency Objectives, Clause 55.04-6 Overlooking Objective, Clause 55.04-7 Internal Views Objective, Clause 55.05-4 Private Open Space Objective and Clause 55.05-5 Solar Access to Open Space Objective.

The meeting was addressed on behalf of the objectors by Philip Loon, and on behalf of the applicant by Paul Little. Crs Brownlees/West That Council resolve not to support the application, it be issued on the following grounds: 1. The proposal would have an adverse effect on the amenity of area. 2. The proposal constitutes an over-development of the site. 3. The proposal would detract from the visual amenity of the locality and the

streetscape. 4. The proposal is inconsistent with the relevant policies under Clause 19.03 (Design

and Built Form) of the Kingston Planning Scheme. 5. The proposal does not satisfy all of the requirements of Clause 55 of the Kingston

Planning Scheme (ResCode), namely: Clause 55.02-1 Neighbourhood Character, Clause 55.03-2 Building Height, Clause 55.03-5 Energy Efficiency Objectives, Clause 55.04-6 Overlooking Objective, Clause 55.04-7 Internal Views Objective, Clause 55.05-4 Private Open Space Objective and Clause 55.05-5 Solar Access to Open Space Objective.

Carried

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M 108 KP 512/09 – 836-854 Springvale Road, Braeside APPLICANT JV Marine ADDRESS OF LAND No. 836-854 Springvale Road, BRAESIDE VIC 3195 (Lot 3

on PS148658F). PROPOSAL Use and development of the land for retail sales (boat

accessories), a warehouse (boat storage) and service industries (car and boat wash, boat servicing and repairs).

PLANNING OFFICER Tess Johnson REFERENCE NO. KP512/2009 ZONE Clause 35.04 – Green Wedge Zone (Schedule 3) OVERLAYS Not Applicable PARTICULAR PROVISIONS

Clause 52.06 – Car Parking Requirements Clause 52.07 – Loading & Unloading of Vehicles Clause 52.13 – Car Wash Clause 52.14 – Motor Vehicle, Boat or Caravan Sales Clause 52.29 – Land Adjacent to a Road Zone Clause 57 – Metropolitan Green Wedge Land

DECISION DATE BY 21st February, 2010 STATUTORY DAYS 117 days @ 19th April, 2010 CONSIDERED PLAN REFERENCES / DATE RECEIVED

23rd December, 2009

KEY ISSUES The main issues arising from this proposal are:

whether the proposed use(s) is or are permitted in the Green Wedge Zone; and if the use(s) is or are permitted, whether a permit should be granted having regard

to, among other matters, Council’s Non Urban Area Policies.

SITE & SURROUNDS The subject site is located on the west side of Springvale Road, Braeside, approximately 395

metres north of its intersection with Governor Road. The land is regular in shape with a frontage width of approximately 150 metres to Springvale Road, a depth of approximately 200 metres and an overall area of 2.96 hectares.

2.2 The topography of the land is relatively flat and is currently vacant. It is devoid of

any significant vegetation and is covered with grass and a number of established trees. There is no direct vehicle access to the site from Springvale Road. However, access is available from the abutting site to the south which has a carriageway easement within the front setback for the purpose of providing access to the subject site.

2.3 A 2.0 metre wide easement encumbers the subject site and is located directly adjacent

to the site’s west (rear) property boundary.

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2.3 Land to the north of the subject site is developed and used for a retail plant nursery

and is operated by Gardenworld (“Gardenworld”) whilst the land directly to the south is developed and used for boat sales, education and other related uses and is operated by JV Marine ("JV Marine"). The land directly to the north and south of the site is affected by Schedule 3 of the Green Wedge Zone (GWZ3). Braeside Park is located directly to the west of the subject site and is zoned Public Park and Recreation Zone (PPRZ). The land opposite Springvale Road to the east is developed and used for residential purposes and is in the Residential 1 Zone.

TITLE DETAILS The applicant has completed a restrictive covenant declaration form declaring that there is

no restrictive covenant on the title.

PROPOSAL It is proposed to use and develop the land for boat sales (retail premises), boat servicing and

repairs, boat storage, a boat/car wash, an ancillary office, staff/public amenities and a food and drink premises. The proposal, if allowed, will operate in conjunction with the existing JV Marine site on the adjoining property directly to the south at No. 856-878 Springvale Road, Braeside.

Further details of the proposal include:

The majority of the subject site would be used for an open boat storage area within the middle and to the rear (west) of the subject site. It is proposed that direct access to the adjoining land to the south (JV Marine) would be made available to the boat storage area proposed at the rear of the subject site.

Boat servicing and repairs would also form a significant component of the

proposed use, with an estimated number of 150-200 boats to be repaired or serviced on the subject site at any one time.

A car and boat wash facility with the provision of ten (10) wash down areas and

fourteen (14) associated car parking spaces. A 1000m2 restricted retail premises fronting Springvale Road for the purpose of

selling and displaying fishing equipment, boating accessories and boats. A food and drink premises and an office with staff and public amenities is also proposed to be used in conjunction with the proposed boat wash and retail sales component of the development. The building would be of single-storey construction, with a maximum building height of 6.55 metres. Forty (40) on-site car parking spaces are to be provided for the proposed restricted retail use.

The proposed uses would operate seven (7) days per week, from 5:00am to

6:00pm.

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No designated loading and unloading bay is proposed for the restricted retail use on the site.

No advertising signs are proposed as a part of the submitted application.

Landscaping is proposed to be planted along sections of the site’s side (north and

south) property boundaries with more substantial planting proposed within the front building setback of the subject site adjacent to Springvale Road.

The permit applicant contends that the proposal constitutes an "innominate use" (ie a use not

otherwise specified in the planning scheme) and is, therefore, permitted in the zone.

PLANNING CONTROLS The subject site is located within Schedule 3 of the Green Wedge Zone (GWZ3). The subject site is not subject to any overlay controls. Springvale Road is identified in a Road Zone Category 1.

PLANNING PERMIT REQUIREMENTS Pursuant to Clause 35.04 (Green Wedge Zone) and Clause 57 (Metropolitan Green Wedge

Land) of the Scheme, the following uses are prohibited:

Sale of outdoor recreation goods and supplies (retail premises); Boat servicing and repairs (service industry); Boat storage (warehouse); and Car and boat wash (service industry).

6.2 Other uses outlined in the application, such as the office and food and drink premises

(café) are also prohibited in the Green Wedge Zone. 6.3 The question for Council's determination is whether the permit sought by the

applicant would authorise:

6.3.1 a combination of the uses described above, in which case it would be a permit for prohibited uses (which is obviously not permissible); or

6.3.2 some undetermined "innominate use" as contended by the applicant, in which case it is open to Council to grant a permit (subject to a consideration of the planning merits).

6.4 There is also the question of whether some uses are ancillary to other uses – which

might be the case with respect to the office and café components – although this only becomes relevant if the ancillary uses are ancillary to permitted (as opposed to prohibited) use(s).

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6.5 If the proposed uses were permissible (as an innominate permit required use), a permit would also be required (to allow a reduction in the car parking requirements under Clause 52.06 (Car Parking) of the Kingston Planning Scheme. Based on the provisions under this Clause, a total of 140 on-site car parking spaces would be required whereas 54 are proposed.

6.6 Additional planning approval would also be required to allow a waiver of the loading

and unloading bay requirements under Clause 52.07 (Loading & Unloading of Vehicles) of the Scheme. There has been no provision for a loading bay associated with the retail use in this instance.

6.7 This report proceeds on the basis that the permit is being sought for prohibited uses

and, as such, must be refused on that basis.

RELEVANT HISTORY Council records indicate that there is no relevant planning history relating to this site.

AMENDMENT TO THE APPLICATION BEFORE NOTIFICATION

No amendments made.

ADVERTISING 9.1 The application was not advertised in this instance given that proposed uses are

considered to be prohibited under Clause 35.04 (Green Wedge Zone) of the Kingston Planning Scheme.

REFERRALS

No external referrals or referral to internal Council departments were required in respect of this application.

RELEVANT POLICIES State Planning Policy Framework (SPPF)

Clause 17 – Economic Development

Local Planning Policy Framework (LPPF)

Clause 21.10 – Non Urban Areas Clause 22.04 – South East Non Urban Area Policy

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Zoning

The site is located in the following Zone:

Clause 35.04 – Green Wedge Zone (Schedule 3) Overlays

There are no overlay controls that apply to this site.

Particular Provisions

The following Clauses are applicable to this application (if the proposed uses are considered to be permissible under the Scheme):

Clause 52.06 – Car Parking Clause 52.07 – Loading and Unloading of Vehicles Clause 52.13 – Car Wash Clause 52.14 – Motor Vehicle, Boat or Caravan Sales Clause 52.29 – Land Adjacent to a Road Zone Clause 52.34 – Bicycle Facilities Clause 57 – Metropolitan Green Wedge Land

General Provisions

Clause 65: Decision Guidelines

PLANNING CONSIDERATIONS: State Planning Policy Framework

The application has been assessed against the State Planning Policy Framework and it is considered that the proposed use and development of the subject land would be inconsistent with relevant policies contained within this section of the Kingston Planning Scheme. Clause 17 – Economic Development states (amongst other things) “planning authorities should zone land for industrial development in urban growth areas where good access for employees and freight transport is available and where appropriate buffer areas can be provided between the proposed industrial land and nearby sensitive land uses”. It is strongly argued that the proposed uses should be carried out on more appropriately zoned industrial or commercial land within the designated Urban Growth Boundary.

Local Planning Policy Framework

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The application has been assessed against the Local Planning Policy Framework and it is considered that the proposed uses are strongly inconsistent with relevant policies contained within this section of the Kingston Planning Scheme.

One of the key objectives under Clause 21.10 (Non Urban Areas) of the Scheme is to “support and maintain the green wedge concept. Activities in the non urban area must be consistent with, and contribute to, optimal long term planning solutions for the whole of the south east metropolitan non urban area”. Council officers consider that the proposal is not consistent with or contribute to the optimal long-term planning for the south-east metropolitan non-urban area.

Clause 22.04 (South East Non Urban Area Policy) of the Scheme states the following about preferred uses: “Non urban land be protected for non urban purposes and used for activities which are consistent with the function and character of the non urban area. The following uses are supported within the non urban area:

Agriculture, horticulture, extractive industries, land fill operations. Creation and enhancement of environmental features, including wetland

systems. Public open space facilities including parks, sports fields, bicycle networks,

etc. Public utilities and major infrastructure facilities such as retarding basins

and effluent treatment works. Low density institutional uses e.g.: schools, clubs, churches”.

It is considered that the proposed uses are inconsistent with the preferred uses outlined above.

Zoning Provisions

The site is located within the Green Wedge Zone Schedule 3. The purpose of the Green Wedge Zone is as follows;

To implement the State Planning Policy Framework and the Local Planning

Policy Framework, including the Municipal Strategic Statement and local planning policies.

To recognise, protect and conserve green wedge land for its agricultural, environmental, historic, landscape, recreational and tourism opportunities, and mineral and stone resources.

To encourage use and development that is consistent with sustainable land management practices.

To encourage sustainable farming activities and provide opportunity for a variety of productive agricultural uses.

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To protect, conserve and enhance the cultural heritage significance and the character of open rural and scenic non-urban landscapes.

To protect and enhance the biodiversity of the area.

Particular Provisions

With the exception of Clause 57 (Metropolitan Green Wedge Land) of the Scheme, an assessment of the application against the relevant “particular provisions” of the Scheme has not been undertaken, given that the proposed uses are prohibited under the Scheme. Even if the proposed uses were allowed, Council officers have concerns regarding the deficient number of on-site car parking spaces proposed and the omission of any loading bay area associated with the proposed retail use.

ARE THE USES PERMITTED?

Council Officers do not agree with the view advanced by the Applicant that the proposed use is an innominate use. Council officers consider the activities proposed as part of the permit application comprise a number of separate and distinct land uses which obviously or commonly fit into the following land use terms: retail premises (sale of outdoor recreational supplies); service industry (boat service/repair); warehouse (boat storage); and service industry (car/boat wash). As to the other uses described in the permit application, Council officer's view: the office use as being ancillary use to the above primary uses on the subject site;

and

the eating facilities as being ancillary to the car/boat wash use.

The proposed primary uses and associated development of the subject site is considered to be prohibited under Clause 35.04 (Green Wedge Zone) of the Kingston

Planning Scheme.

CONCLUSION: 14.1 The proposed land uses are considered to be prohibited under Clause 35.04 (Green

Wedge Zone) of the Kingston Planning Scheme and the permit should be refused on that basis.

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14.2 If, contrary to the officer's conclusion, it is determined that the proposed use(s) are not prohibited, the permit should in any event not be granted because the proposed uses are not consistent with the key policies outlined above.

RECOMMENDATION: 15.1 That Council resolve to issue a Notice of Refusal to Grant a Permit to develop and

use the land for the purpose of a retail premises (boat and recreation accessories), service industries (boat service and repairs and a boat and car wash), a warehouse (boat storage) and ancillary uses (office and a food and drink premises), based on the following ground:

1. The proposal is prohibited under the relevant provisions of Clause 35.04

(Green Wedge Zone) and Clause 57 (Metropolitan Green Wedge Land) of the Kingston Planning Scheme.

2. The proposal is inconsistent with the relevant policies under Clause 21.10

(Non Urban Areas) and Clause 22.04 (South East Non Urban Area Policy) of the Kingston Planning Scheme.

Crs West/Shewan That Council resolve to issue a Notice of Refusal to Grant a Permit to develop and use the land for the purpose of a retail premises (boat and recreation accessories), service industries (boat service and repairs and a boat and car wash), a warehouse (boat storage) and ancillary uses (office and a food and drink premises), based on the following ground: 1. The proposal is prohibited under the relevant provisions of Clause 35.04 (Green

Wedge Zone) and Clause 57 (Metropolitan Green Wedge Land) of the Kingston Planning Scheme.

2. The proposal is inconsistent with the relevant policies under Clause 21.10 (Non Urban Areas) and Clause 22.04 (South East Non Urban Area Policy) of the Kingston Planning Scheme.

.

Carried

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M 109 Proposed Amendment C109 to the Kingston Planning

Scheme – 44 First Avenue, Chelsea Heights Proposed rezoning to part Residential 3 Zone and part Public Use Zone 1, inclusion of part of the subject land within a Schedule to the Design and Development Overlay and a proposed planning permit application for a 28 lot subdivision at the site.

Approved by: Tony Rijs – General Manager Environmental Sustainability Author: Fiona Baxter – Senior Strategic Planner 1. Purpose The purpose of this Report is to provide an overview of proposed Amendment C109 and planning permit application KP357 /10, which seek to: 1. Rezone approximately 1.7 hectares of land (on the eastern side of the site) at 44 First

Avenue, Chelsea Heights from an Urban Floodway Zone to a Residential 3 Zone; 2. Rezone the balance of the land at the subject site, an area of approximately 3 hectares,

to a Public Use Zone (PUZ1); 3. Apply a Design and Development Overlay to the site; 4. Alter Clause 21.05 of the Kingston Planning Scheme in order to include the land on the

Residential Land Use Framework Plan as a designated residential area (ie as an area for the promotion of ‘Incremental Housing Change’); and

5. Subdivide the land into 28 lots (ranging in size from 400m2 to 600m2). The Report recommends that: 1. A request be made to the Minister of Planning to authorise the preparation of the

Amendment under Section 9(2) of the Planning and Environment Act 1987; and 2. That should authorisation be granted, Council as Planning Authority, prepare and place

on exhibition the amendment and planning permit application pursuant to section 96C of the Planning and Environment Act 1987.

2. Background The subject site is essentially a privately owned, square shaped parcel of land, approximately 4.7 hectares in size. It is located at 44 First Avenue, Chelsea Heights, primarily in an existing Urban Floodway zone. However, an existing area of approximately 5,300m2 in the south east corner of the site is zoned Residential 3 and this area is included on the ‘Residential Land Use Framework Plan’ as an area for the promotion of ‘Incremental Housing Change’.

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The site is bordered by the Edithvale–Seaford wetlands to the north and to the south-west. The Melbourne Water secondary drain runs adjacent to the site’s western boundary. Existing residential development lies to the east and south-east. The site is undeveloped and generally lacks vegetation, except, where a row of trees grow adjacent to the secondary drain along the western boundary. The current Amendment has been submitted following the former Council’s decision to abandon Amendment C44 in March 2008. Amendment C44 proposed rezoning the subject site for residential use. The decision to abandon Amendment C44 was made by Council upon advice from the relevant Planning Officer that the Amendment could not be dealt with within the required two year timeframe. Melbourne Water had imposed a number of conditions upon the developer which would take some time to satisfy. There were only a few months remaining before the two year time statutory frame allowed for considering the Amendment would expire. This was considered to be an insufficient period of time in which to allow the developer to satisfy all of the relevant Melbourne Water requirements and for Council to appropriately consider all of the required documentation. In addition, DPCD had previously granted a two year extension in relation to Amendment C44 and had advised that it was unlikely to grant a subsequent extension of time. The Proponent advises that all relevant studies have now been carried out and that Melbourne Water has provided its consent in relation to the proposed rezoning. The owners have entered into a S.173 Agreement with the City of Kingston and Melbourne Water to provide for the related land transfers should the rezoning proceed. The Agreement provides that approximately 64% of the subject land would be vested with Melbourne Water as a drainage reserve. The Agreement is yet to be registered on Title. In July 2009, a community information meeting was held to provide adjacent local residents with an opportunity to be briefed on the proposal. Ward Councillors and officers attended the meeting, together with the owners and their Planning Representative. Approximately 30 members of the public were in attendance. A number of issues were raised for discussion by residents. In particular, residents sought clarification regarding future development of the site. At this time, an ‘indicative’ plan of subdivision showing 28 proposed lots (approximately 400m2 – 600m2 in size) had been submitted to Council. However, the plan did not have any statutory weight. It is noted that the above meeting was held as a precursor to Council giving any consideration as to the commencement of a Planning Scheme Amendment relating to the subject land. In order to provide a greater degree of certainty regarding the future development of the site, the Proponents have now formally applied to Council for a combined Planning Scheme Amendment and Planning Permit application for a 28 lot subdivision pursuant to s.96A of the Planning and Environment Act 1987. Other matters raised for discussion at the community information evening included the impact of additional traffic, environmental issues and issues associated with construction. Should Council resolve to advance the Amendment, the public notification process will provide an opportunity for residents to formally lodge submissions in relation to the proposal. Matters raised in submissions could then be given due consideration by Council and subsequently a Panel if appointed.

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3. Issues The proposal needs to be considered in the context of the relevant State and Local Level Policies. Policy Considerations This rezoning proposal is considered to be relevant to the following State and Local level policies as outlines below: State Planning Policy Framework (SPPF): The proposed Amendment is considered to be sufficiently consistent with the State Planning Policy Framework (SPPF) to warrant a request being made to the Minister of Planning to warrant its exhibition. The goal of the SPPF is to foster “appropriate land use and development planning policies and practices which integrate relevant environmental, social and economic factors in the interests of net community benefit and sustainable development.” More particularly, the Amendment gives effect to the following objectives of the SPPF:

Clause 12 - Metropolitan Development – aims to facilitate sustainable development

that takes full advantage of existing settlement patterns and investment in transport and communication, water and sewerage and social facilities.

Clause 14 - Settlement – aims to ensure that a sufficient supply of land is available for residential, commercial, industrial, recreational, institutional and other public uses.

Clause 15 – Environment – aims to assist the protection, and where possible, restoration of catchments, waterways, water bodies, groundwater and the marine environment.

Clause 16 – Housing – encourages subdivisions in locations with access to physical and community infrastructure and providing a range of lot sizes, a convenient and safe road network, appropriate pedestrian and cycle paths, sufficient usable public open space and low vulnerability to fire.

Clause 18 – Infrastructure – aims to integrate land use and transport planning around existing and planned declared highways, railways, principal bus routes and tram lines.

Clause 19 – Particular Uses and Development (Subdivision) – aims to ensure the design of subdivisions achieves attractive, liveable and sustainable neighbourhoods.

It is considered that the proposed Amendment gives sufficient effect to those objectives of the SPPF outlined above to warrant its consideration through a Planning Scheme Amendment process. Local Planning Policy Framework: Municipal Strategic Statement (MSS) The following Clauses within the MSS are relevant to the proposed Amendment: Clause 21.03 – Land Use Challenges for the New Millennium

This clause recognises the need for the City of Kingston to provide sustainable housing stock which meets the future housing needs of our population and to sustain an appropriate mix of supporting urban infrastructure. This clause also recognises the importance of opportunities to enhance the quality and ecological value of Kingston’s natural environments through improved management of urban storm water, land use, resource management and integrated catchment planning.

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Clause 21.05 – Residential Land Use This clause outlines a number of objectives in relation to residential land use including the need to provide a range of housing types across the municipality to cater for the changing housing needs of current and future populations, taking account of the capacity of local areas in Kingston to accommodate different types and rates of housing change. Clause 21.09 – Environment, Wetlands and Waterways This clause recognises the need to provide adequate flood storage and improve storm water management practices as there are significant areas in Kingston which are affected by flood risk. The clause notes that the limitations of the current drainage system make it imperative that flood risk is considered in land use planning to avoid intensifying the impacts of flooding though appropriately located uses and development. The clause notes, as an objective, the need to manage and protect flood plains and flood prone areas to minimise the impact of flooding. Clause 22.11 – Open Space This clause outlines that fact that Kingston is host to a great diversity of open spaces, including the Edithvale-Seaford Wetlands and recognises the importance of protecting the intrinsic natural attributes of open spaces. The clause promotes, as an objective, equitable access to Kingston’s open spaces and the importance of protecting these areas from degradation as a result of community recreational demands. Other: Particular Provisions: Clause 56 – Residential Subdivision Clause 56 of the Kingston Planning Scheme relates to residential subdivision. The purpose of the clause is to “create livable and sustainable neighbourhoods and urban places with character and identity”. The provision aims to achieve “residential subdivision outcomes that appropriately respond to the site and its context for infill sites within established residential areas”. The site is generally considered to be appropriate for the proposed 28 lot residential subdivision. Public Exhibition Council is required to give notice of an amendment and any application accompanying the amendment pursuant to Section 96C of the Planning and Environment Act 1987. Accordingly, this Report recommends that Council seek authorisation from the Minister for Planning to place the proposed Amendment and planning permit application on public exhibition. It is considered appropriate for the Amendment and accompanying permit application to be placed on public exhibition for a period of 4 weeks subject to Ministerial authorisation being received. The following consultation is considered to be appropriate in relation to the proposed Amendment: Amendment documentation to be made available at Council’s Cheltenham Office and

on Council’s website.

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Notices to be placed in the Government Gazette and local newspaper. Direct notification to nearby landowners and occupiers. Direct consultation with the ‘Friends of the Wetlands’ and other relevant local interest

groups. A future public exhibition process will provide opportunity for any matters raised in relation to the merits of the Amendment and associated planning permit application to be advanced for further consideration by Council and subsequently a Planning Panel if required. Proposed Schedule to the Design and Development Overlay A draft schedule to the Design and Development Overlay has been prepared which is provided as an Attachment to the report. The Schedule seeks to broadly address the following:

the development of the part of the land for residential purposes; recognition of the flood storage role of the adjacent public open space area, and

that any design or landscaping measures which may assist or enhance this function should be accommodated;

provision for an appropriate interface between residential development and public land;

development of the land based on ecologically sustainable design principles with respect to energy efficiency and stormwater treatment;

future use and development of the site which is compatible with the scale and neighbourhood character of the adjacent established residential areas;

provision for a diversity of lot sizes and housing types; opportunities to enhance the quality and appearance of the adjoining open space

area through the appropriate siting and design of residential development; provision for future residential development of the site which is closely

integrated with existing pedestrian and cycling networks; and development of the land that does not have an adverse impact on local traffic

conditions. 5. Triple Bottom Line Checklist Environmental A number of environmental reports have been prepared in relation to the subject site. These include a Soil Report and Management Plan, a Drainage Strategy and a Flora and Fauna Assessment. The various assessments and associated reports have been undertaken in order to determine the sites suitability for residential development. Given the potential for flooding and proximity to the Edithvale-Seaford Wetlands it was considered vital that both Council and Melbourne Water were satisfied that there would not be adverse environmental affects as a result of the proposed rezoning and subdivision. Melbourne Water is now satisfied that the site is indeed suitable for the proposed rezoning and, as outlined above, both Melbourne Water and Council have entered into an S173 Agreement with the owners which provides for the transfer of part of the land to Melbourne Water to be used for drainage purposes subject to the rezoning proceeding.

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Social The proposed rezoning will ultimately result in the development of new housing at the site. There continues to be strong demand for additional housing based on the continual expansion of the population of Melbourne. Part of the site borders an existing residential area and the site is able to be accessed via the existing road network, making it suitable for residential infill. The proximity to the adjacent open space and wetland areas, which provide social and recreational opportunities, should serve to provide a high level of amenity for future residents of the site.

Financial Not applicable

6. Summary and Conclusion The proposed Amendment is considered to be consistent with the relevant State and Local Planning Policies to warrant it being further considered as part of a Planning Scheme Amendment process. The issues regarding flooding and storm water management have been appropriately dealt with and Melbourne Water has given its support for the proposal. The application for a planning permit for the proposed 28 lot subdivision, provides the community with some clarity regarding the size and scale of future residential development on the site. The size and location of the site itself, combined with its proximity to the existing road network and other community facilities, makes it suitable for consideration as a future development site. It is considered that the proposed amendment has sufficient merit to warrant a request be made to the Minister for Planning to authorise preparation of an amendment and exhibition of the amendment if authorisation is granted. 7. Recommendation

1. That Council resolve to request that the Minister for Planning authorise the preparation of Amendment C109 under Section 9(2) of the Planning and Environment Act 1987 to:

(a) rezone approximately 1.7 hectares of land (on the eastern side of the site) at 44 First Avenue Chelsea Heights to a Residential 3 Zone;

(b) rezone the remainder of the land at the site to a Public Use Zone (PUZ1);

(c) modify Clause 21.05 of the Kingston Planning Scheme to depict the subject site on the Residential Framework Plan as land proposed for ‘Incremental Housing Change’;

(d) include the land in a schedule to the Design and Development Overlay; and

(e) seek a Planning Permit to subdivide the part of the subject land which is proposed to be rezoned to Residential 3 Zone (including the existing part in this zone) to create up to twenty eight (28) residential allotments.

2. That subject to authorisation being received, Council as Planning Authority prepare and place the amendment and planning permit application on public exhibition pursuant to Section 96C of the Planning and Environment Act 1987.

Crs West/Shewan That Council abandons amendment C109

Carried

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Attachment No4: Proposed Plan of 28 Lot Subdivision Attachment 1 - Aerial Photograph of subject site known as 44 First Avenue, Chelsea Heights.

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Attachment 2 – Existing zoning plan

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Attachment 3 – DDO 21

SCHEDULE 21 TO THE DESIGN AND DEVELOPMENT OVERLAY

Shown on the planning scheme map as DDO21

44 FIRST AVENUE CHELSEA HEIGHTS

1.0 Design objectives

To encourage the development of the site for residential purposes.

To ensure any future development recognises the flood storage role of the adjacent public open space area, and that any design or landscaping measures which may assist or enhance this function be accommodated.

To provide for an appropriate interface between residential development and public land.

To ensure that the development of land is based on ecologically sustainable design principles with respect to energy efficiency and stormwater treatment.

To ensure that any future use and development of the site is compatible with the scale and neighbourhood character of the adjacent established residential areas.

To provide for a diversity of lot sizes and housing types. To pursue opportunities to enhance the quality and appearance of the

adjoining open space area through the appropriate siting and design of residential development.

To provide for future residential development of the site which is closely integrated with existing pedestrian and cycling networks.

To ensure that the development of the land does not have an adverse impact on local traffic conditions.

2.0 Buildings and works

Before approving any subdivision or use or development of land the responsible authority must have regard to:

The relevant floodplain management authority’s comments regarding: Any waterway, environment and floodplain management considerations. The need for an environmental management plan for the duration of the

construction of the subdivision and residential development. The treatment of the site’s interface with any public land, including fencing,

landscaping, building setbacks, appropriate surveillance and the provision of a pedestrian path.

The ‘Urban Stormwater: Best Practice Stormwater Management Guidelines (Victorian Stormwater Committee, 1999) and the Water Sensitive Urban Design: Engineering Procedures (Melbourne Water, 2005).

Protection of existing adjacent residential development from unreasonable overlooking and overshadowing.

Road design, including adequate service access and provision of on-street parking bays.

Providing a diversity of lot size and building type where appropriate.

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Pedestrian permeability throughout the site and in relation to the open space area to the adjoining west of the site.

The most appropriate point of vehicular ingress and egress to the subject land.

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M 110 Amendment C110 - Rezone land at 642-660 Springvale

Road and 369385 Spring Road, Dingley Village to Green Wedge Zone 2

Approved by: Tony Rijs, General Manager Environmental Sustainability Author: Stacey Rees, Strategic Planner

1. Purpose

The purpose of this report is to consider the submissions received in relation to Amendment C110 to the Kingston Planning Scheme, and recommend that Council request the Minster for Planning to appoint a panel to further consider and report on the merits of the proposed amendment.

2. Background

At its Ordinary Council meeting on 26 October 2009 Council resolved to seek authorisation from the Minister for Planning to prepare Amendment C110 to the Kingston Planning Scheme and that once authorisation is granted, Council as Planning Authority, prepare and place Amendment C110 on public exhibition pursuant to Section 19 of the Planning and Environment Act 1987.

Authorisation to prepare the amendment was received from the Minister for Planning on the 18 December 2009.

2.1 The Amendment The Amendment proposes to: Rezone 642-660 Springvale Road, Dingley Village from a Public Use Zone 3 to a

Green Wedge Zone Schedule 2. Rezone 369-385 Spring Road, Dingley Village from a Public Use Zone 3 to a Green

Wedge Zone Schedule 2.

3. Issues

3.1 Public Exhibition Amendment C110 was placed on public exhibition between 11 March 2010 and 16 April 2010. Notice was given as follows: Notice of the amendment and planning permit application was published in the

Victorian Government Gazette on 11 March 2010. Notice of the amendment and planning permit application was published in the

Moorabbin Kingston Leader on 3 March 2010. Direct notification was sent via ordinary mail to all landowners and occupiers affected

by the amendment on 25 February 2010. Amendment and planning permit documentation was made available on Kingston’s

Strategic Planning website, Cheltenham customer service centre, Department of Planning and Community Development website from 5 March 2010.

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3.2 Submissions During exhibition of the amendment, a total of six (6) submissions were received. Four (4) of the submissions received were from referral authorities (Vic Roads, Melbourne Water, South East Water and the Department of Sustainability and Environment) who raised no objection. The remaining two (2) submissions received were opposing submissions on behalf of each of the two (2) land holders that are directly affected by the proposed amendment. Submission 1 - 642-660 Springvale Road, Dingley Village (retirement village site) The submission on behalf of the owners of 642-660 Springvale Road, Dingley Village, acknowledges that the current zoning of the land is an anomaly but objects to the proposed rezoning to the Green Wedge Zone. The submission sites concerns that the retirement village (which is currently under construction) would become a ‘non-conforming use overnight’ and that this will potentially have an adverse commercial effect on the land. The submission further suggests that this would be a ‘poor planning outcome’ and that Council should abandon pursuit of the amendment. Submission 2 - 369-385 Spring Road, Dingley Village (apiary) The second submission, on behalf of the owners of 369-385 Spring Road, Dingley Village, also acknowledges the anomalous nature of the site’s current zoning for Public Use and questions the appropriateness of this zoning given the abutting residentially zoned land to the west of the site. The submission acknowledges that rezoning the land to Green Wedge would not interfere with the ongoing use of the site for an apiary, however raises concerns regarding the ‘potential future use of the land as a logical extension of the adjoin residential use or the retirement village’. The submission further suggests that this would be a ‘poor planning outcome’ and that Council should abandon pursuit of the amendment. 3.3 Consideration of Submissions Section 22 of the Planning and Environment Act 1987 requires that Council consider all submissions received in respect to an exhibited amendment. Section 23 of the Act specifies that after considering submissions, Council must: Change the amendment in the manner requested; or Refer the submissions to a panel appointed under Part 8; or Abandon the amendment or part of the amendment. 3.4 Discussion of Issues Non-conforming use – retirement village Pursuant to Planning Permit KP765/03 (issued at the direction of VCAT on 23/11/2006), the land at 642-660 Springvale Road, Dingley Village is currently being developed for the purpose of a retirement village comprising 51 dwellings, a community centre and manger’s residence. A retirement village is a ‘prohibited use’ within the Green Wedge Zone. Consequently should the land be rezoned to Green Wedge the retirement village use would become a non-conforming use. This means that the use of the site for a retirement village may continue, however their ability to expand operations or intensify the use on the site is limited. Commercial implications

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The submission on behalf of the owners of 642-660 Springvale Road, Dingley Village sites concerns regarding ‘potential adverse commercial affects’ on the land. It is difficult for Officers to foresee what, if any, impact the rezoning would have upon property values. Furthermore, the ability to consider such concerns under the scope of the Kingston Planning Scheme and the objectives and provisions of the Planning and Environment Act (1987) is limited. Proper Planning Both opposing submissions state that the proposed rezoning would create a ‘poor planning outcome’. The following section of the report outlines Council’s strategic justification for seeking to proceed with the proposed amendment, including an analysis of how it supports State and Local policy intentions. 3.3 Strategic Justification 3.3.1 State Planning Policy Framework The amendment is considered to be consistent with the State Planning Policy Framework. In particular, the amendment gives effect to the following objectives:

Clause 12.01 A more compact city by: o Encouraging uses and development that complements and responds to existing

development patterns. Clause 12.02 Better management of metropolitan growth

o Containing urban development within the established growth boundary and protecting the adjoining green wedge.

3.3.2 Local Planning Policy Framework The proposed amendment is considered to be consistent with the Local Planning Policy Framework. In particular, this amendment gives effect to the following objectives: Clause 21.10 – Non Urban Areas

o Support and maintain the green wedge concept. Activities in the non urban area must be consistent with, and contribute to, optimal long term planning solutions for the whole of the south east metropolitan non urban area.

Clause 21 of the Kingston Planning Scheme identifies the challenges that face the municipality’s non urban areas, and identifies objectives to provide for the sustainable management of Kingston’s non urban areas. The objectives and strategies aim to ensure that use and development within the non urban area does not compromise urban growth strategies and are managed in a manner that ensures the area’s function and character is not compromised The proposed rezoning of the apiary to the Green Wedge Zone would serve to protect the land from inappropriate development in the future by further reinforcing its position out side of the Urban Growth Boundary.

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Clause 22.04 - South East Non Urban Area Policy o To encourage sustainable land use practices and provide optimal long term

planning solutions for the use and development of land. o To manage the edge of urban areas in a manner which ensures that the non urban

area is both stable and enduring. The privately owned retirement village is not a use that fits within current planning policy guidelines for non-urban land use. However, a permit was granted for the development by the VCAT in 2004, and construction is well under way on the site. Accordingly it is considered that by rezoning the land to the Green Wedge Zone any future development of the site can be better managed to accord with the Metropolitan Green Wedge Land core planning provisions at Clause 57 of the Planning Scheme.

6. Triple Bottom Line Checklist

Environmental – Supports the protection and appropriate management of future land uses within the Kingston portion of the South East Green Wedge.

Social - N/A Financial – There are no anticipated financial implications for Council resulting from

this amendment.

6. Summary and Conclusion

Amendment C110 to the Kingston Planning Scheme, which proposes to rezone land at 642-660 Springvale Road and 369-385 Spring Road, Dingley Village from Public Use to the Green Wedge Zone 2 has now been exhibited. Six (6) submissions, including two (2) submissions opposing the rezoning of land to Green Wedge Zone 2 have been received. Council officers have not been able to resolve this issue (which forms the fundamental core of the proposal). Given the issues raised in the submissions, officers believe that it is appropriate for Council to request that the Minister for Planning appoint an independent Panel to consider and report on the Amendment.

7. Recommendation 1. That Council formally request the Minister for Planning to appoint a Panel under Part 8

of the Planning and Environment Act 1987 to further consider and report on Amendment C110 to the Kingston Planning Scheme.

2. That all submitters to Amendment C110 be advised in writing of the above resolution. Attachments: Attachment 1 - Opposing submission from 642-660 Springvale Road, Dingley Village Attachment 2 - Opposing submission from 369-385 Spring Road, Dingley Village Cr Athanasopoulos declared an indirect interest by close association a relative owns a property impacted by the amendment and left the meeting at 9:04pm before the item was considered.

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Crs West/Brownlees 1. That Council formally request the Minister for Planning to appoint a Panel under Part 8 of

the Planning and Environment Act 1987 to further consider and report on Amendment C110 to the Kingston Planning Scheme.

2. That all submitters to Amendment C110 be advised in writing of the above resolution.

Carried A division was called Division For Against Mayor Cr Staikos Cr Peulich Cr Athanasopoulos Cr Shewan Cr West Cr Bauer Cr Brownlees Cr Dundas Cr Athanasopoulos returned to the chamber after the item was resolved at 9:19pm . Cr Peulich left the meeting at 9:19pm

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M 111 Title of Contract No 10/8 – Concrete Paving and Kerb & Channel Works Approved by: Tony Rijs, General Manager Environmental Sustainability Author: John Kelly, Team Leader Maintenance Contracts and Waste

1. Purpose of Report

This report seeks Council’s acceptance of Contract 10/8 for Concrete Paving and Kerb & Channel Works. The Contract is a Schedule of Rates contract for a three-year period with three one-year options at Council’s discretion based upon estimated value of the works to be carried out over the three-year period is (excluding GST)$1,802,445.00. (First Year $600,815.00)

2. Background

The contract is managed by the Maintenance Contracts and Waste Team and forms part of the team’s suite of contractors to maintain Council’s Road Infrastructure. For the past five years Concrete Paving and Kerb & Channel Works have been carried out by P & K Concrete Constructions under a schedule of rates contract, Concrete Paving and Kerb & Channel Works Contract (Contract 05/20). The contract was for an initial period of two years from 1 July 2005 to 30 June 2007 with options for three, one year extensions at Councils discretion. The contract was extended for the three additional periods and is due to expire on 30 June 2010. The Works under this Contract are carried out as part of routine road infrastructure maintenance works which require the repair of small sections of damaged or defective concrete footpaths and kerbs and channel at various locations throughout the municipality. These works have been identified in response to regular footpath and kerb & channel programmed maintenance inspections, customer requests and service authorities. The minimum intervention levels and response times for these works are detailed in Council’s Road Management Plan.

3. Summary and Conclusion

After assessing all tenders the panel considered that the tender of Morisons Concreting Pty Ltd offered the best value service to Council.

4. Brief Description of the Work under the Contract

The works comprises non-programmed (routine) and programmed maintenance repairs to Councils concrete footpaths and kerbs & channel.

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The Contract is for a period of 3 years commencing 1 July 2010 with options at Councils discretion of three, one-year extensions.

The Contract is a Schedule of Rates Contract subject to an annual price adjustment based on the CPI changes.

5. Tenders Received

Tenders were advertised in the Age on Saturday 20 March 2010 and closed at 2.00pm on Thursday 15 April 2010. Council received 9 tender submissions. Further details of these tender submissions are set out in the Confidential Attachment.

6. Project Funding

Concrete Paving and Kerb & Channel Works are funded from the Goods and Services Road Infrastructure Maintenance Budget, 2010/11 notional allocation sum $700,000.

7. Evaluation Panel

The tenders were assessed by:

John Kelly – Team Leader Maintenance Contracts & Waste and Robin Fisher – Senior Field Officer

8. Assessment of Tenders

Seven conforming tenders were received. Tenderers were assessed in accordance with the evaluation criteria set out in the Tender Specification documents and included:

Conformity with the Documents, Financial Capacity Tender Price Relevant Experience Performance Record Resources Available Occupational, Health & Safety Systems Quality and Environmental Management Systems Commitment to Green Purchasing Customer Service Price

9 Triple Line Checklist

9.1 Budget/Financial Impact This packaging of Concrete Paving and Kerb & Channel Works and the recommended tender represents the best outcome to Council in terms of value for money, level of risk, work quality and meeting customer service requirements.

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9.2 Social Impact Maintaining a safe and serviceable concrete footpaths and kerb & channels together with maintaining public relations and ensuring minimum disruption to property owners, residents, pedestrians, vehicle users and other road users is a requirement of this Contract.

9.3 Environmental Impact

Compliance with environmental standards together with supplying concrete that minimises CO2 emissions and operates energy efficient plant is a requirement of the contract.

10. Proposed Action

1. That Council resolve to Award Contract No 10/8 for Concrete Paving and Kerb & Channel Work as a Schedule of Rates contract for the period of three years - 1 July 2010 to 30 June 2013 - to Morisons Concreting Pty Ltd at the rates set out in Schedule 1 and Schedule 2 of the Pricing Schedule (Form 2) of the Contract, based upon estimated quantities for a three-year period at $1,802,445(excluding GST). (First Year $600,815.) 2. That the three one-year contract optional extensions be at the discretion of the Chief Executive Officer, or delegate subject to satisfactory performance.

Cr Peulich returned at 9:20pm Crs Brownlees/Bauer 1. That Council resolve to Award Contract No 10/8 for Concrete Paving and Kerb &

Channel Work as a Schedule of Rates contract for the period of three years - 1 July 2010 to 30 June 2013 - to Morisons Concreting Pty Ltd at the rates set out in Schedule 1 and Schedule 2 of the Pricing Schedule (Form 2) of the Contract, based upon estimated quantities for a three-year period at $1,802,445(excluding GST). (First Year $600,815.)

2. That the three one-year contract optional extensions be at the discretion of the Chief Executive Officer, or delegate subject to satisfactory performance.

Carried

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M 112 Contract No 10/40 Devon Street Cheltenham Stage 1 Road Reconstruction – Tender Report Approved by: Tony Rijs – General Manager Environmental Sustainability Author: Brian Trower – Team Leader Roads & Drains

3. Purpose of Report

This report seeks Council’s approval to accept tenders for Contract No. 10/40– Devon Street Cheltenham – Road Reconstruction from Nepean Highway to Mena Avenue. It is proposed that PRESTA & SONS PTY LTD be accepted as the preferred tenderer for this contract based on their submitted tender of $1,125,000.00.

4. Background

The sections of road covered by this contract have been identified for replacement as part of council’s standard road condition survey. The existing guttering and road surface has reached the end of its’ expected life and is due for replacement to maintain a satisfactory road for local residents. Whilst rebuilding the road, council is taking the opportunity to improve the underground drainage system along Devon Street from Nepean Highway to Mena Avenue. The works also involve the replacement of footpaths. Council standard for footpath construction is based on an offset from the building line to limit damage to private assets and facilitate future fence replacement without damage to the path. A discussion paper on footpath replacement will be submitted for Council’s consideration at the July/August meeting cycle. As part of this reconstruction project residents will be provided the opportunity to have an infill section of concrete constructed between the footpath and the property boundary. Council currently is evaluating tenders for Devon St reconstruction Stage 2- Mena Av to Warrigal Rd. As the two stages are physically isolated from each other by means of a long existing road closure and there are no overlapping works, there are not deemed to be any advantages in awarding both stages to the one contractor.

3. Summary and Conclusion

The Evaluation Panel has ranked PRESTA & SONS PTY LTD highly for this contract. The panel believes that PRESTA & SONS PTY LTD have demonstrated their ability via their tender submission and previous works undertaken for Kingston City Council, to provide the best overall value for the construction of Contract No. 10/40 – Devon Street, Cheltenham – Road Reconstruction

4. Brief Description of the Work under the Contract The works involved in this contract includes the reconstruction of Devon Street from Nepean Highway to Mena Avenue. Items covered as part of this contract include:

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Replacement of all concrete kerbs on both sides of the road. Replacement of all concrete vehicle crossings. Replacement of the footpath on both sides Asphalt resurfacing of the road Upgrading of street drainage Reconstruction of speed humps.

5. Tenders Received

Tenders were advertised in The Age on Saturday 21 March 2010 and closed at 2.00pm on Thursday 08 April 2010. Ten (5) tenders were received, details of which are set out in the Confidential Attachment.

6. Project Funding

This project will be funded from Council’s 2010/11 Capital Works Budget.

7. Evaluation Panel

The tenders were assessed by:

Tony Pell – Senior Construction Engineer, Chang Wuol – Construction Engineer

8. Triple Line Checklist

8.1 Budget/Financial Impact For the subject contract the preferred tenderer represents the best outcome to Council in terms of value for money and level of risk. The submitted price from the preferred contractor is below the Design Engineer’s estimate.

8.2 Social Impact

There will be inconveniences during the works which are typical of a large road reconstruction contract such as this one. A Special Clauses document was prepared as part of the contract package, which outlines a number of requirements set out by Council to stage the works and minimise community disruption as much as possible.

8.3 Environmental Impact

Environmental impacts during construction of these works will be minimised due to measures put in place for controlling stormwater runoff quality, including silt barriers and straw bales.

The final outcome of the works will alleviate a significant drainage/flooding issue in the area.

9. Recommendation

That Council resolve to award Contract No. 10/40 – Devon Street, Cheltenham – Road Reconstruction on a lump sum basis to PRESTA & SONS PTY LTD for the tendered price of $1,125,000.00. Please refer to the “Confidential Attachment” outlining the scoring matrix and all other submissions.

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Cr Bauer left the meeting at 9:21pm Crs West/Dundas That Council resolve to award Contract No. 10/40 – Devon Street, Cheltenham – Road Reconstruction on a lump sum basis to PRESTA & SONS PTY LTD for the tendered price of $1,125,000.00. Please refer to the “Confidential Attachment” outlining the scoring matrix and all other submissions.

Carried

M 113 Proposed Extension of Open Space Mowing Services -

Contract 06/89 Approved by: Tony Rijs, General Manager Environmental Sustainability Author: Tony Collins, Team Leader Parks

1. Purpose of Report

The purpose of this report is to seek a further three year extension to Council’s current Open Space Mowing Services which is due to expire on the 30th June 2010. Council has the option under clause 2.2.3 to extend the contract for a further two periods of three years.

2. Background

City Wide Service Solutions Pty Ltd was awarded CONTRACT NO. 06/89 – Open Space

Mowing Services and commenced services to Council on 1st July 2007.

Brief description of the work under the Contract: The mowing and associated maintenance of Open space grass areas (“Service Areas”)

within the City, including Grass 1 and Grass 2 areas, Sports Fields 1 & 2, Baseball Diamonds and Athletics Tracks.

Grass 1 Areas cover the majority of sites including Minor and Major Reserves, Streetscapes and Roadside Reserves.

Grass 2 Areas includes non-pedestrian road reserves, laneways and vacant land. Sports Fields 1 includes all Council owned sports ovals. Sports Fields 2 include community use school ovals. Activities include litter collection prior to mowing, grass mowing, edge trimming,

herbicide spraying, filling/top dressing to maintain an even and safe surface, and line-marking.

Contract Period:

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The term of the contract was for 3 years commencing on the 1st July 2007, with a further 2 periods of 3 years at Council’s option, subject to the Contractors satisfactory performance in accordance with the requirements of the tender documents. This contract was based on a Schedule of Rates (Grass 1 - Schedule 2A.2 based on 16 cuts per annum). Budget Details The initial Contract was awarded for: $1,802,494.36 This amount increases with CPI which is set in July. CPI will apply annually for the remainder of any contract extension. Current Annual Contract Amount– 2009/10: $1,904,434.92. Payments to the Contractor The contractor submits an invoice on a monthly basis detailing the amount claimed for all Open Space Mowing works, and additions to contract e.g. additional sites mowed as requested by Council. Council pays the Contractor in the next outgoing cheque run ensuring it is paid within 28 days from receipt of the invoice.

3. Failure to Perform

Should the Contractor fail to undertake and complete the Open Space Mowing works in accordance with the agreed program (based on site inspections and monthly audits) or specified standards they would be required to rectify all works that are below standard; or if determined by the Supervisor, accept an equivalent percentage reduction in the payment for work claimed that is below standard. Should Open Space Mowing works not to be carried out in accordance with the agreed program Council have the option to impose a non-performance penalty. No penalties have been imposed during the life of the contract as a result of unsatisfactory performance. Performance Indicators The Contractor is required to perform Open Space Mowing works that require non-programmed attention at, or better than, the specified Standard during the Contract Term. For this contract an audit rating of 98% represents the Performance standard. The Contractors performance is a measure of the number of non-performance notices issued to the Contractor. There has not been occasion to issue any non-performance notices due to the existing contractor’s satisfactory performance.

4. Service Quality

During the Contract Term the Council conducts monthly performance monitoring checks of the service quality in order to: monitor the performance of the Contractor in achieving the specification performance

targets and in adherence to the specified standards and schedules; determine if current service delivery processes are adequate; payment validation purposes

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Formal performance Monitoring has been undertaken over the life of the contract via a series of documented inspections of the Contractors work practices and outputs against the specification requirements and compliance to OH&S requirements. The Contract Audit is based on a representative sample of sites nominated by the Parks Supervisor. For the 2009/2010 financial year the contractor achieved an average annual performance rating of 99.49%.

5. Triple Bottom Line Checklist

5.1 Budget/Financial impact The budget allocation for this service is provided as part of Council’s Annual Budget within the Parks Department account, Parks Open Space Mowing Services Contract. See Confidential Attachment 1 for details.

5.2 Social impact

Given the extremely low level of complaint’s and frequent positive feed back regarding the open space mowing services it is fair to assume the community are satisfied with current service delivery levels.

5.3 Environmental impact

City Wide Service Solutions Pty Ltd have demonstrated strong compliance with environmental protection measures within the current contract.

6. Summary and Conclusion

City Wide Service Solutions Pty Ltd have consistently provided services at the specified standard. They have demonstrated a commitment to work with Council to provide services that have on occasions varied from the initial scope of works without seeking additional remuneration.

7. Proposed Recommendations

1. The the Contract 06/89 Open Space Mowing Services for the provision of Service to carry out the day to day Grass Cutting and Associated maintenance works be extended for a further 3 year period effective 1 July 2010. 2. Further, that the second optional three year contract extension (due July 2013), subject to satisfactory performance, be at the discretion of the Chief Executive Officer or his delegate. Crs Brownlees/Peulich 1. The Contract 06/89 Open Space Mowing Services for the provision of Service to carry

out the day to day Grass Cutting and Associated maintenance works be extended for a further 3 year period effective 1 July 2010.

2. Further, that the second optional three year contract extension (due July 2013), subject to satisfactory performance, be at the discretion of the Chief Executive Officer or his delegate.

Carried

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M 114 South-Eastern Transport Strategy – South East Integrated Transport Group

Approved by: Tony Rijs, General Manager Environment Sustainability Author: Warren Ashdown, Manager Infrastructure

1. Purpose

To seek Council's endorsement of the South East Integrated Transport Group’s latest strategic transport Plan for the south-east region (attached and previously circulated to Councillors).

2. Background

Council is a member of the South-East Integrated Transport Group (SEITG), with eight member councils namely, Mornington Peninsula, Frankston, Casey, Cardinia, Greater Dandenong, Yarra Ranges, Bass Coast and Kingston. The initial strategic transport study undertaken by SEITG was in 2006, and entitled SEITG Strategic Transport Assessment Report. This report was prepared in response to the Federal Government’s AusLink funding program. The initial study was essentially undertaken within the resources of member Council’s, coordinated through the Groups Executive Officer, and was largely a compilation of identified transport initiatives within each council. The success of the initial transport assessment has led to the Government providing a contribution to the funding for the Group to review its transport plan. AECOM Consultants were engaged to assist with the review of the transport plan for the south-east region, which has resulted in a more robust study with a high level of integration of regional outcomes across the eight municipalities of the Group, and stronger alignment with Government policy.

3. Summary and Conclusion

The strategic transport plan will be used as a key management document for transport planning by individual Councils and for advocating individually and collectively for government funding. Kingston meets with Vic roads to discuss strategic transport initiative annually through cluster meetings, which are based on clusters of councils from within the region. The next cluster meeting is scheduled for August 2010, and it is planned to use this strategy as a basis for presentation and discussion with Vic roads. All appropriate departments across Council had input into the plan and it is considered that its outcomes support Kingston’s transport challenges across all modes of transport.

4. Overview of Strategy

A copy of the strategy is attached for reference.

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Objective of Strategy As stated in the strategy, its purpose is to outline a regional perspective on the transport directions established by state and federal policies. It outlines regional priorities that are consistent with and build upon the established transport and land use policy directions. The four Transport Themes developed (page 6) are Connecting to the world

-- maintaining and strengthening the region's external linkages and access to trading ports

Supporting regional development -- shaping regional development in Melbourne's south-eastern mindful of urban growth, economic growth, rural land use and tourism

Sharing the benefits -- equitable access to transport, addressing social distribution, and responding to high car dependency

Protecting the future -- mindful of the reliability to travel within the region, reduce vulnerability to climate change, economic variability and reliability of transport systems

Structure of the strategy (page 7) strategy overview enhancing freight and logistics movements in building strategic links to the port of Hastings growing tourism and improved transport building the Central Activities Districts promoting transport no choices urban growth implementing a strategy

5. Strategic actions and [Alignment with Kingston’s Transport Challenges]

The studies strategic actions, while in some cases identifying regional projects … do not nominate specific treatments or solutions for such projects. The key identified priorities for the region which the group will pursue in developing and seeking support for future projects. These actions are: Identify and reserve metropolitan freight terminal sites and associated road and rail

access. [Supports economic development and growth of Kingston's manufacturing]

Designate and developed further the Principle Freight Network. [ Supports the construction of the Dingley Arterial through Kingston]

Development of the North East Link for its freight capability [ Supports improved access to Melbourne airport and the economic growth of Kingston’s manufacturing and employment capacity]

Identify and reserve a rail corridor from the National Rail Network to Hastings. Designate additional principal routes to support access to Hastings. Support a State/Federal partnership to upgrade road and rail links to Hastings.

[ Assist with addressing level of freight movements on Frankston rail corridor]

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Complete the Western Port ferry touring link. Support the continuing development of trail networks.

[Supports Kingston’s bicycle strategy] Provide CBD style public transport services to the Central Activities Districts.

[ Supports improved bus services between Dandenong CAD and Chelsea and Cheltenham and commuter capacity enhancement on rail routes through Kingston]]

Developed Transport Management Associations in the region’s CAD’s [ Supports enhanced community advocacy for transport improvements]

Improve access to the main public transport network. Priorities are park-and-ride, interchanges, there are buses and rural social transit services. [ Supports local public transport infrastructure particularly at Cheltenham and Chelsea]

Accelerate development of the arterial road agreed in growth areas. Provide a sustainable funding stream for arterial roads.

[ Supports a general upgrading of the arterial road network, as identified by the Kingston traffic study]

Improved processes to build a shared vision for development planning. [Supports the general land use planning and its integration with transport outcomes]

6. Triple Bottom Line Checklist

Environmental – promotes more efficient road transport and increase use of public transport, along with alternate modes of transport other than the road, and therefore strategically reduces energy usage within the municipality.

Social –enhancing all modes of transport improves social and recreational interaction and strengthens employment opportunities in the municipality

Financial –. The strategy is a strategic management tool to support advocacy for government funding. Any initiative for which Kingston is the responsible agency will be separately identified in the capital works forward plan, and therefore considered as part of councils normal financial planning.

7 Recommendation

(a) That the South Eastern Transport Strategy dated March 2010 prepared for the South Eastern Integrated Transport Group, together with the strategies contained within that report be endorsed and form the basis of Councils’ strategic transport priorities in the immediate future.

(b) Copies of the report be made available to appropriate local Members of Parliament and transport agencies within the municipality.

Attachments: Transport strategy trim 10/43533

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Cr Bauer returned to the meeting at 9:22pm Crs Peulich/Brownlees (c) That the South Eastern Transport Strategy dated March 2010 prepared for the South

Eastern Integrated Transport Group, together with the strategies contained within that report be endorsed and form the basis of Councils’ strategic transport priorities in the immediate future.

(d) Copies of the report be made available to appropriate local Members of Parliament and transport agencies within the municipality.

Carried

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M 115 Food Sample Analysis Approved by: Tony Rijs, General Manager Environmental Sustainability Author: Robert Beattie, Coordinator Policy & Projects Date: 10 June 2010

1. Purpose

To advise Council of the results of food sampled and analysed pursuant to section 32(1) of the Food Act 1984. This report relates to: The quarters, April 2009 to June 2009, July to September 2009, October to December 2009, plus an annual summary.

2. Background

Council is obligated under section 32 (1) of the Food Act 1984 to obtain, at a minimum, three food samples for every thousand persons of the population, and submit them for analysis. In Kingston, this equates to approximately 413 samples per annum. The combined target for these 3 reported quarterly periods (103 per quarter) is 310 and the actual achievement was 364. Under the Act there is also a requirement to formally report the results of analysis to Council. The food-sampling program is conducted by Council’s Environmental Health Officers (EHO’s), who visit food premises, purchase samples and submit them to an accredited independent laboratory for analysis. Samples for analysis are also sometimes received from the public or another Council as a result of a consumer complaint. Any failed samples are followed up by the EHO’s with the relevant business. Samples are considered to have failed if they do not meet any number of criteria including incorrect labelling or issues arising from poor handling. The sample may not necessarily pose a risk to health. The type and level of failure will direct the type of follow up action taken such as a letter being sent to the premises, or an inspection by an officer, or education leading to changes in procedures within the premises or in some cases, prosecution. There have been no prosecutions in relation to this reporting period. The higher than normal number of failed samples in the April to June quarter was due to sampling surveys being targeted at suspected problem areas. A survey conducted by another Municipality in 2008 identified problems with smallgoods sliced on premises. This resulted in the Department of Human Services (DHS) coordinating a much larger survey across a number of DHS regions in March and April 2009. The aim of the survey was to assist in the identification and understanding of the potential health risks associated with certain foods, and focussed on “ready to eat smallgoods”. Councils EHO’s also conducted a questionnaire at the premises at the time of sampling, which identified the current storage conditions, temperature of the food, food handler hygiene

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observations, and detailed the cleaning / sanitising process of the slicing equipment. This information was forwarded along with the samples for central collation. Of the 62 “survey samples” submitted, 16 failed to meet the standard. Following the survey period there were also a number of similar samples obtained from premises not involved in the DHS survey. The department is also currently in the process of installing new software for tracking of non compliant samples which will enhance follow-up procedures. Annual Performance. Council’s statutory obligation for the calendar year 2009 was to submit 410 samples for analysis. (A previous report dealt with the110 samples from the first quarter). During the year Councils officers obtained a 433 samples from Registered premises within Kingston, and a further 41 samples that were obtained by Council as a part of complaint investigation, totalling 474. Council has exceeded its statutory obligation in relation to food sampling.

3. Summary and Conclusion

Council continues to meet its statutory obligations pertaining to the purchase and analysis of food samples. Of the 474 total annual samples, 58 failed to meet the standard in some manner, however it should be noted that the failure rate is not indicative of the whole food supply, as sampling is targeted at specific food types and also includes specific complaint samples. Attachments 1, 3, and 5 list the 364 food samples taken in the respective quarters, and attachments 2, 4 and 6 are an overview of the actions taken relating to non-complying samples.

4. Recommendation That Council note the report

Crs Brownlees/Peulich That Council note the report

Carried

(See Attachments)

Attachment 1: Samples submitted for analysis April – June 2009. Attachment 2: Actions relating to non-complying samples April – June 2009.

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Attachment 3: Samples submitted for analysis July – September 2009. Attachment 4: Actions relating to non-complying samples July – Sept 2009. Attachment 5: Samples submitted for analysis Oct - Dec 2009. Attachment 6: Actions relating to non-complying samples Oct - Dec 2009.

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Appendix 1

Food Samples submitted for Analysis

Apr - June 2009

Date submitted

Sample number

Product Description Result

07/04/2009 INV/09/028 Hommus Dip Comply 08/04/2009 DTS/09/078 Ham Sliced Comply 08/04/2009 DTS/09/079 Chicken Loaf Comply 08/04/2009 DTS/09/080 Turkey Breast Fail 08/04/2009 DTS/09/081 Roast Beef Fail 08/04/2009 DTS/09/082 Chicken Loaf Comply 08/04/2009 DTS/09/083 Leg Ham Comply 08/04/2009 DTS/09/084 Turkey Breast Fail

DTS/09/085 – DTS/09/087

Submitted and reported in First Quarter Report

08/04/2009 DTS/09/088 Sliced Ham Comply

DTS/09/089 – DTS/09/096

Submitted and reported in First Quarter Report

16/03/2009 DTS/09/097 Cantaloupe Piece Comply

DTS/09/098 – DTS/09/112

Submitted and reported in First Quarter report

08/04/2009 DTS/09/113 Chicken Breast Comply 08/04/2009 DTS/09/114 Sandwich Ham Comply 08/04/2009 DTS/09/115 Roast Beef Comply 08/04/2009 DTS/09/116 Turkey Buffet Comply 08/04/2009 DTS/09/117 Roast Beef Fail 08/04/2009 DTS/09/118 Chicken Roll Fail 08/04/2009 DTS/09/119 Ham Fail 08/04/2009 DTS/09/120 Turkey Breast Comply 08/04/2009 DTS/09/121 Ham Comply 08/04/2009 DTS/09/122 Chicken Breast Comply 08/04/2009 DTS/09/123 Roast Beef Comply 08/04/2009 DTS/09/124 Turkey Comply 08/04/2009 DTS/09/125 Chicken Comply 08/04/2009 DTS/09/126 Ham Comply 08/04/2009 DTS/09/127 Roast Beef Comply 08/04/2009 DTS/09/128 Chicken Loaf Comply 07/04/2009 DTS/09/129 Chicken Loaf Comply 07/04/2009 DTS/09/130 Roast Turkey Breast Comply 07/04/2009 DTS/09/131 Beef Roast Comply 07/04/2009 DTS/09/132 Ham Comply 07/04/2009 DTS/09/133 Turkey Breast Roll Smoked Fail 07/04/2009 DTS/09/134 Chicken Loaf Comply 07/04/2009 DTS/09/135 Turkey Oven Roast Comply 07/04/2009 DTS/09/136 Primo Roast Beef Comply

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07/04/2009 DTS/09/137 Ham Leg Deli Shaved Comply 07/04/2009 DTS/09/138 Chicken Log Comply 07/04/2009 DTS/09/139 Roast Turkey Fail 07/04/2009 DTS/09/140 Shaved Virginian Ham Comply 07/04/2009 DTS/09/141 Roast Beef Comply 07/04/2009 DTS/09/142 Chicken Loaf Square Comply 07/04/2009 DTS/09/143 Turkey Roast Breast Comply 07/04/2009 DTS/09/144 Roast Beef Comply 07/04/2009 DTS/09/145 Ham Leg Smoked Comply 07/04/2009 DTS/09/146 Ham Fail 07/04/2009 DTS/09/147 Pastrami Comply 07/04/2009 DTS/09/148 Presswurst Comply 07/04/2009 DTS/09/149 Chicken Loaf Comply 07/04/2009 DTS/09/150 Ham Comply 07/04/2009 DTS/09/151 Roast Turkey Comply 07/04/2009 DTS/09/152 Roast Beef Fail 07/04/2009 DTS/09/153 Chicken Breast Comply 07/04/2009 DTS/09/154 Roast Turkey Comply 07/04/2009 DTS/09/155 Roast Beef Comply 07/04/2009 DTS/09/156 Champagne Ham Comply 07/04/2009 DTS/09/157 Chicken Breast Fail 07/04/2009 DTS/09/158 Roast Turkey Fail 07/04/2009 DTS/09/159 Pressed Leg Ham Comply 07/04/2009 DTS/09/160 Chicken Breast Fail 07/04/2009 DTS/09/161 Roast Turkey Fail 07/04/2009 DTS/09/162 Roast Beef Fail 07/04/2009 DTS/09/163 Ham Fail 07/04/2009 DTS/09/164 Chicken Breast Comply 07/04/2009 DTS/09/165 Roast Beef Comply 07/04/2009 DTS/09/166 Roast Turkey Comply 07/04/2009 DTS/09/167 Champagne Ham Comply 08/04/2009 DTS/09/168 Turkey Breast Comply 13/04/2009 INV/09/028 Strawberry Smoothie Fail 13/04/2009 INV/09/029 Chocolate Berry Fail 15/04/2009 INV/09/029 Choc Chunk Cookie Fail 25/04/2009 DTS/09/169 Strawberry Mousse Comply 25/04/2009 DTS/09/170 Strawberry Mousse Comply 28/04/2009 INV/09/030 Uncooked Salmon Patties Comply 28/04/2009 INV/09/031 Egg with Mayonnaise Comply 28/04/2009 INV/09/032 Cooked Salmon Patties Comply 30/04/2009 DTS/09/171 Virginian Leg Ham Comply 30/04/2009 DTS/09/172 Vanilla Slice Comply 30/04/2009 DTS/09/173 Custard Tart Comply 30/04/2009 DTS/09/174 Fresh Sliced Ham Comply 30/04/2009 DTS/09/175 Fresh Sliced Chicken Fail 30/04/2009 DTS/09/176 Fresh Sliced Chicken Comply 14/05/2009 DTS/09/177 Vanilla Supplement Drink Comply

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14/05/2009 DTS/09/178 Thickened Apple Juice Comply 14/05/2009 DTS/09/179 Jug Lid Swab Comply 14/05/2009 DTS/09/180 Jug Swab Comply 21/05/2009 DTS/09/181 Sliced Mushrooms Comply 21/05/2009 DTS/09/182 Baby Mesculun Lettuce Comply 21/05/2009 DTS/09/183 Leeks Comply 27/05/2009 DTS/09/184 Sausage Roll Comply 27/05/2009 DTS/09/185 Tabouleh Comply 21/05/2009 DTS/09/186 Caesar Salad Comply 21/05/2009 DTS/09/187 Garden Salad Comply 21/05/2009 DTS/09/188 Cantaloupe Comply 21/05/2009 DTS/09/189 Honeydew Comply 21/05/2009 DTS/09/190 Pineapple Comply 21/05/2009 DTS/09/191 Cabbage Comply 21/05/2009 DTS/09/192 Cantaloupe Comply 21/05/2009 DTS/09/193 Honeydew Comply 21/05/2009 DTS/09/194 Dried Apricot Comply 21/05/2009 DTS/09/195 Dried Fruit Mix Comply 21/05/2009 DTS/09/196 Triple Smoked Ham Comply 21/05/2009 DTS/09/197 Silverside Fail 21/05/2009 DTS/09/198 Turkey Breast Fail 21/05/2009 DTS/09/199 Cabbage Comply 26/05/2009 INV/09/033 Family Shepherd Pie Fail 27/05/2009 INV/09/034 Frozen Peas Comply 27/05/2009 INV/09/035 Pork in Preserved Veg Fail 28/05/2009 DTS/09/200 Sausage Roll Comply 28/05/2009 DTS/09/201 Meat Pie Comply 28/05/2009 DTS/09/202 Pastie Comply 28/05/2009 DTS/09/203 Cream Finger Bun Comply 28/05/2009 DTS/09/204 Apple Cake Comply 28/05/2009 DTS/09/205 Custard Tart Comply 11/06/2009 DTS/09/206 Mixed Berry Diet No Fat Yoghurt Comply 23/06/2009 DTS/09/207 Chicken and Salad Roll Comply 23/06/2009 DTS/09/208 Ham Roll Comply 23/06/2009 DTS/09/209 Ham and Coleslaw Sandwich Comply 23/06/2009 DTS/09/210 Chicken and Lettuce Sandwich Fail 23/06/2009 DTS/09/211 Turkey Breast, Cream Cheese

Sandwich Comply

23/06/2009 DTS/09/212 Egg, Lettuce & Mayo Sandwich Comply 23/06/2009 DTS/09/213 Chicken and Salad Roll Comply 23/06/2009 DTS/09/214 Ham and Salad Roll Comply 23/06/2009 DTS/09/215 Chicken, Avocado & Spinach Roll Comply 23/06/2009 DTS/09/216 Egg, Mayo & Lettuce Roll Comply 23/06/2009 DTS/09/217 Salami and Salad Roll Comply 23/06/2009 DTS/09/218 Ham, Cheese and Salad Roll Comply 23/06/2009 DTS/09/219 Tuna Salad Sandwich Comply 23/06/2009 DTS/09/220 Chicken, Cheese Avocado Fail

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Focaccia 23/06/2009 DTS/09/221 Ham and Salad Focaccia Comply 25/06/2009 DTS/09/222 Chicken and Avocado Sandwich

with Turkish Bread Comply

25/06/2009 DTS/09/223 Ham and Cheese With Turkish Bread

Comply

25/06/2009 DTS/09/224 Chicken and Pork Dumplings Comply 25/06/2009 DTS/09/225 Chicken Teriyaki Sushi Roll Comply 25/06/2009 DTS/09/226 Custard Cake Comply 25/06/2009 DTS/09/227 Egg and Bacon Sandwich Comply 25/06/2009 DTS/09/228 Hamburger with the Lot Comply 25/06/2009 DTS/09/229 Corned Beef, Cheese and Pickle Comply 25/06/2009 DTS/09/230 Chicken Caesar Wrap Comply 10/06/2009 INV/09/036 KFC Chicken Comply 11/06/2009 INV/09/037 Sesame Seeds Fail 12/06/2009 DTS/09/231 Sliced Ham Comply 12/06/2009 DTS/09/232 Pasta with Basil Pesto and

Bocconcini Cheese Comply

12/06/2009 DTS/09/233 Sliced Ham Comply 12/06/2009 DTS/09/234 Chicken Slice Comply 12/06/2009 DTS/09/235 Chicken, Cheese Avocado

Sandwich Comply

12/06/2009 DTS/09/236 Chicken Pesto Comply 12/06/2009 DTS/09/237 Ham, Cheese, Tomato Sandwich Comply 12/06/2009 DTS/09/238 Mediterranean Focaccia Sundried

Tomato, Fetta, Eggplant Comply

12/06/2009 DTS/09/239 Turkey with Salad Wrap Fail 12/06/2009 DTS/09/240 Chicken Breast and Salad

Sandwich Fail

12/06/2009 DTS/09/241 Tandoori, Salad with Tzatziki Sauce Sandwich

Fail

12/06/2009 DTS/09/242 Cajun Turkish with Salad Sandwich

Comply

12/06/2009 DTS/09/243 Caesar Wrap Comply 12/06/2009 DTS/09/244 Salami Herb Focaccia Comply 12/06/2009 DTS/09/245 Beef Slice Comply 25/06/2009 DTS/09/246 Egg Mayonnaise Sandwich Comply 25/06/2009 DTS/09/247 Fried Rice Comply 25/06/2009 DTS/09/248 Chicken (on spit) Souvlaki Comply 25/06/2009 DTS/09/249 Chicken, Cream Cheese and

Spinach Focaccia Comply

25/06/2009 DTS/09/250 Turkey and Cranberry Sauce Focaccia

Comply

25/06/2009 DTS/09/251 Seafood Salad Comply 25/06/2009 DTS/09/252 Chicken Wrap Comply 25/06/2009 DTS/09/253 Egg Sandwich Fail 25/06/2009 DTS/09/254 Ham and Cheese Frittata Comply

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TOTAL 163 Comply 132 Fail 31

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Appendix 2

Action on Failed Samples

Apr – Jun 2009

Sample No

Description Result Action Status

DTS/09/080 Turkey Breast High Enterobacteriaceae and Standard Plate Count

Investigation Complete

DTS/09/081 Roast Beef High Enterobacteriaceae Investigation Complete DTS/09/084 Turkey Breast High Enterobacteriaceae Investigation Complete DTS/09/117 Roast Beef High Enterobacteriaceae

and Standard Plate Count Investigation Complete

DTS/09/118 Chicken Roll High Enterobacteriaceae and Standard Plate Count

Investigation Complete

DTS/09/119 Ham High Enterobacteriaceae Investigation Complete DTS/09/133 Turkey Breast Roll

Smoked High Enterobacteriaceae and Standard Plate Count

Investigation Complete

DTS/09/139 Roast Turkey High Enterobacteriaceae Investigation Complete DTS/09/146 Ham High Enterobacteriaceae

and Standard Plate Count Investigation Complete

DTS/09/152 Roast Beef High Enterobacteriaceae and Standard Plate Count

Investigation Complete

DTS/09/157 Chicken Breast High Enterobacteriaceae and Standard Plate Count

Investigation Complete

DTS/09/158 Roast Turkey High Enterobacteriaceae and Standard Plate Count

Investigation Complete

DTS/09/160 Chicken Breast High Enterobacteriaceae and Standard Plate Count

Investigation Complete

DTS/09/161 Roast Turkey High Enterobacteriaceae Investigation Complete DTS/09/162 Roast Beef High Enterobacteriaceae

and Standard Plate Count Investigation Complete

DTS/09/163 Ham High Enterobacteriaceae Investigation Complete

INV/09/028 Strawberry Smoothie Product Fermented Investigation Complete INV/09/029 Chocolate Berry Product Rancid. Investigation Complete INV/09/029 Choc Chunk Cookie Insect infestation. Investigation Complete DTS/09/175 Fresh Sliced Chicken High Enterobacteriaceae

and Standard Plate Count Investigation Complete

DTS/09/197 Silverside High Enterobacteriaceae and Standard Plate Count

Investigation Complete

DTS/09/198 Turkey Breast High Enterobacteriaceae and Standard Plate Count

Investigation Complete

INV/09/033 Sheppard’s pie Contained Screw head Investigation Complete

INV/09/035 Pork in Preserved Veg Failed Labelling Investigation Complete DTS/09/210 Chicken and Lettuce High Staphylococci Investigation Complete

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Sandwich DTS/09/220 Chicken, Cheese Avocado

Focaccia High Staphylococci Investigation Complete

INV/09/037 Sesame Seeds Insect Infestation Investigation Complete DTS/09/239 Turkey with Salad Wrap Listeria Detected Investigation Complete DTS/09/240 Chicken Breast and Salad

Sandwich Listeria Detected Investigation Complete

DTS/09/241 Tandoori, Salad with Tzatziki Sauce Sandwich

Listeria Detected Investigation Complete

DTS/09/253 Egg Sandwich High Staphylococci Investigation Complete There were 31 failed samples this quarter

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Appendix 3 Food Samples submitted for Analysis

July - Sept 2009

Date submitted

Sample number

Product Description Result

30/07/2009 DTS/09/255 Lamb and Veggie Casserole Comply 30/07/2009 DTS/09/256 Silverside and Mustard Sauce Comply 30/07/0209 DTS/09/257 Lasagne Comply 30/07/2009 DTS/09/258 Vegetable Slice Comply 30/07/2009 DTS/09/259 Strasburg Salad Comply 30/07/2009 DTS/09/260 Baked apple/apricots and custard Comply 30/07/2009 DTS/09/261 Pears and Custard Comply 30/07/2009 DTS/09/262 Lime Jellied Fruit Comply 30/07/2009 DTS/09/263 Blueberry Loaf and Custard Comply 30/07/2009 DTS/09/264 Mixed Sandwiches Comply 30/07/2009 DTS/09/265 Lamb and Veggie Casserole, &

Blueberry Loaf and custard. Comply

30/07/2009 DTS/09/266 Silverside and Mustard, & Pears & Custard.

Comply

17/07/2009 DTS/09/267 Burger. Comply 17/07/2009 DTS/09/268 Fish Burger Comply 17/07/2009 DTS/09/269 BBQ chicken wrap Comply 17/07/2009 DTS/09/270 Bacon & cheese burger Comply 17/07/2009 DTS/09/271 Chicken Burger Comply 17/07/2009 DTS/09/272 Beef burger Comply 17/07/2009 DTS/09/273 Beef burger Comply 17/07/2009 DTS/09/274 Chicken & Cheese Burger Comply 17/07/2009 DTS/09/275 Meat Burger Comply 17/07/2009 DTS/09/276 Meat Burger Comply 17/07/2009 DTS/09/277 Chicken and Bacon Burger Comply 17/07/2009 DTS/09/278 Chicken and Egg Burger Comply 17/07/2009 DTS/09/279 Chicken Burger Comply 17/07/2009 DTS/09/280 Lean Beef Burger Comply 17/07/2009 DTS/09/281 Veggie Burger Comply 17/07/2009 DTS/09/282 Steak Roll Comply 17/07/2009 DTS/09/283 Chicken Burger Comply 17/07/2009 DTS/09/284 Beef Burger Comply 17/07/2009 DTS/09/285 Burger Comply 17/07/2009 DTS/09/286 Chicken Wrap Comply 17/07/2009 DTS/09/287 Chicken Roll Comply 17/07/2009 DTS/09/288 Chicken Wrap Comply 17/07/2009 DTS/09/289 Bacon Burger Comply 17/07/2009 DTS/09/290 Beef Burger Comply 30/07/2009 DTS/09/291 Energy Drink Fail

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30/07/2009 DTS/09/292 Lasagne, and Baked apple & apricot with Custard

Comply

30/07/2009 DTS/09/293 Vegetable Slice & Lime Jellied Fruit Comply 30/07/2009 DTS/09/294 Strasburg Salad &

Blueberry Loaf and Custard Comply

30/07/2009 DTS/09/295 Mulligatawny Soup Comply 30/07/2009 DTS/09/296 Mulligatawny Soup &

Baked apple & apricot with Custard Comply

12/08/2009 DTS/09/297 Chicken Delight Fascia Comply 12/08/2009 DTS/09/298 Ham, capsicum, tomato, cheese &

onion Focaccia Comply

12/08/2009 DTS/09/299 Ham, cheese and roasted vegetable Focaccia

Comply

12/08/2009 DTS/09/300 Chicken cheese avocado & mayo

Focaccia Comply

12/08/2009 DTS/09/301 Ham and salad roll Comply 12/08/2009 DTS/09/302 Ham and pickle sandwich Comply 12/08/2009 DTS/09/303 Ham and cheese sandwich Comply 12/08/2009 DTS/09/304 Corned beef, coleslaw, tomato

coccidia Comply

12/08/2009 DTS/09/305 Chicken focaccia Comply 12/08/2009 DTS/09/306 Sweet Chilli Chicken Tender wrap Comply 12/08/2009 DTS/09/307 Sandwich mix Comply 12/08/2009 DTS/09/308 BBQ Chicken roll Comply 12/08/2009 DTS/09/309 Egg & Mayo Sandwich Comply 12/08/2009 DTS/09/310 Chicken Salad sandwich Comply 12/08/2009 DTS/09/311 Chicken Focaccia Comply 12/08/2009 DTS/09/312 Tandoori Chicken Focaccia Comply 12/08/2009 DTS/09/313 Chicken Caesar Wrap Comply 12/08/2009 DTS/09/314 Chicken Focaccia Comply 12/08/2009 DTS/09/315 Egg wrap Comply 12/08/2009 DTS/09/316 Sweet Chilli Chicken Focaccia Comply 13/08/2009 DTS/09/317 Ham Sandwich Comply 13/08/2009 DTS/09/318 Roast Beef Sandwich Comply 13/08/2009 DTS/09/319 Ham and Swiss cheese sandwich Comply 13/08/2009 DTS/09/320 Chicken & Roast Veg Sandwich Fail 13/08/2009 DTS/09/321 Ham and Cheese sandwich Comply 13/08/2009 DTS/09/322 Roast Turkey Sandwich Comply 13/08/2009 DTS/09/323 Tuna sandwich Comply 13/08/2009 DTS/09/324 Ham sandwich Comply 13/08/2009 DTS/09/325 Cheese Sandwich Comply 13/08/2009 DTS/09/326 Ham sandwich Comply 18/08/2009 DTS/09/327 Spring roll Comply 18/08/2009 DTS/09/328 Beef & Pork Dim sims Comply 18/08/2009 DTS/09/329 Chicken dim sims Comply 18/08/2009 INV/09/038 Sushi California Roll Comply 18/08/2009 INV/09/039 Sushi Prawn & Avocado Roll Comply

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18/08/2009 INV/09/040 Sushi Salmon & Avocado Roll Comply 24/08/2009 INV/09/041 Muesli Fingers Fail 26/08/2009 INV/09/042 Cooked Chicken Comply 2/09/2009 DTS/09/330 Egg and Bacon Sandwich Comply 2/09/2009 DTS/09/331 Ham and cheese sandwich Comply 2/09/2009 DTS/09/332 Falafel Sandwich Comply 2/09/2009 DTS/09/333 Hot Chicken Roll Comply 2/09/2009 DTS/09/334 Chicken Schnitzel Comply 2/09/2009 DTS/09/335 Big Mouth Burger Comply 2/09/2009 DTS/09/336 Tuscan Chicken Comply 2/09/2009 DTS/09/337 Chicken Baguette Comply 2/09/2009 DTS/09/338 Roast Beef Ball Comply 2/09/2009 DTS/09/339 Chicken Cheese salad Comply 2/09/2009 DTS/09/340 Salami, cheese salad sandwich Comply 2/09/2009 DTS/09/341 Ham Sandwich Comply 2/09/2009 DTS/09/342 Chicken Schnitzel Comply 2/09/2009 DTS/09/343 Chicken and Egg Sandwich Comply 2/09/2009 DTS/09/344 Salami and cheese sandwich Comply 2/09/2009 DTS/09/345 Tuna and cheese sandwich Comply 2/09/2009 DTS/09/346 Ham and salad sandwich Comply 2/09/2009 DTS/09/347 Hamburger with the lot Comply 2/09/2009 DTS/09/348 Chicken roll Comply DTS/09/349 This number not used 08/09/2009 INV/09/043 Prawns Frozen Fail 08/09/2009 INV/09/044 Pizza Fail 08/09/2009 INV/09/045 Frozen Berries Comply 08/09/2009 INV/09/046 Milk Shake Comply 16/09/2009 DTS/09/350 Sliced Ham Comply 16/09/2009 DTS/09/351 Chou Mein Comply 16/09/2009 DTS/09/352 Spaghetti Bolognaise Comply 16/09/2009 DTS/09/353 Beef Lasagne Comply 16/09/2009 DTS/09/354 Beef Lasagne Comply 16/09/2009 DTS/09/355 Chicken and Vegetables Comply 16/09/2009 DTS/09/356 Roast Beef Comply 16/09/2009 DTS/09/357 Vitamised Roast Beef Comply 16/09/2009 DTS/09/358 Vitamised Vegies Comply 16/09/2009 DTS/09/359 Roast Beef Comply 16/09/2009 DTS/09/360 Smoked Turkey Breast Fail 22/09/2009 DTS/09/361 Chicken and Lettuce Sandwich Comply 22/09/2009 DTS/09/362 Virginia Ham – Sliced Fail 22/09/2009 DTS/09/363 Gluten Free Bread Fail 22/09/2009 DTS/09/364 Ham, tomato, eggplant, capsicum &

cheese Focaccia Comply

22/09/2009 DTS/09/365 Chicken, capsicum, avocado, pineapple & cheese Focaccia

Comply

22/09/2009 DTS/09/366 Chick, cheese and avocado focaccia Fail 22/09/2009 DTS/09/367 Smoked salmon and tomato Fail

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sandwich 22/09/2009 DTS/09/368 Turkey and Lettuce sandwich Comply 22/09/2009 DTS/09/369 Egg and Lettuce sandwich Comply 22/09/2009 DTS/09/370 Smoked salmon, lettuce, tomato

sandwich Comply

24/09/2009 DTS/09/371 Roast Beef Sandwich Comply 24/09/2009 DTS/09/372 Chicken Sandwich Comply 24/09/2009 DTS/09/373 Ham Sandwich Comply 24/09/2009 DTS/09/374 Roast Beef Sandwich Comply 24/09/2009 DTS/09/375 Ham Salad sandwich Comply 24/09/2009 DTS/09/376 Roast Beef Comply 24/09/2009 DTS/09/377 Ham Comply 24/09/2009 DTS/09/378 Turkey Comply 24/09/2009 DTS/09/379 Roast Beef Fail 24/09/2009 DTS/09/380 Roast Turkey Fail 29/09/2009 INV/09/048 Baked Pumpkin Fail TOTAL 135 Comply 122 Fail 13

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Appendix 4 Action on Failed Samples

Jul – Sept 2009

Sample No

Description Result Action Status

DTS/09/291 Energy Drink Failed Labelling Investigation Complete DTS/09/320

Chicken & Roast Veg Sandwich

High Enterobacteriaceae and Standard Plate Count

Investigation Complete

INV/09/041 Muesli Fingers Insect eggs & frass Investigation Complete INV/09/043 Prawns Frozen Failed labelling Investigation Complete INV/09/044 Pizza Contained hair Investigation Complete DTS/09/360 Smoked Turkey Breast High Enterobacteriaceae Investigation Complete DTS/09/362 Virginia Ham - Sliced High Enterobacteriaceae

and Standard Plate Count Investigation Complete

DTS/09/363

Gluten Free Bread

Contained gluten, also Failed Labelling

Investigation Complete

DTS/09/366

Chicken, cheese and avocado focaccia

High Staphylococci Investigation Complete

DTS/09/367

Smoked salmon and tomato sandwich

Listeria Detected

Investigation Complete

DTS/09/379

Roast Beef

High Standard Plate Count Investigation Complete

DTS/09/380 Roast Turkey

High Standard Plate Count Investigation Complete

INV/09/048 Baked Pumpkin Clothing Fibres Investigation Complete

There were 13 failed samples this quarter

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Appendix 5 Food Samples submitted for Analysis

Oct - Dec 2009

Date submitted

Sample number

Product Description Result

02/10/2009 INV/09/049 Soft drink Comply 02/10/2009 INV/09/050 Diet soft drink Comply 6/10/2009 DTS/09/381 Chicken Lettuce & Mayonnaise

Sandwich Comply

6/10/2009 DTS/09/382 Ham and Tabouleh Salad Sandwich Comply 6/10/2009 DTS/09/383 Roasted Vegetable Focaccia Comply 6/10/2009 DTS/09/384 Ham and Salad Focaccia Comply 6/10/2009 DTS/09/385 Ham and Salad Sandwich Comply 6/10/2009 DTS/09/386 Chicken and Coleslaw Sandwich Comply 6/10/2009 DTS/09/387 Turkey Baguette Comply 6/10/2009 DTS/09/388 Roast Beef Baguette Comply 6/10/2009 DTS/09/389 Chicken Tomato and lettuce

Sandwich Comply

6/10/2009 DTS/09/390 Ham and Roast Pumpkin Sandwich Comply 6/10/2009 DTS/09/391 Roast Turkey Focaccia Comply 6/10/2009 DTS/09/392 Salami Sandwich Comply 12/10/2009 DTS/09/051 Tinned Peaches Comply 13/10/2009 DTS/09/393 Ham, Tomato and Lettuce Sandwich Comply 13/10/2009 DTS/09/394 Grilled Chicken Breast, Cucumber

and Beetroot Sandwich Comply

13/10/2009 DTS/09/395 Ham, Lettuce and Grated carrot Sandwich

Comply

13/10/2009 DTS/09/396 Chicken cucumber and beetroot Sandwich

Comply

13/10/2009 DTS/09/397 Lemon pepper chicken Sandwich Comply 13/10/2009 DTS/09/398 Grilled Marinated Mediterranean

Vegetable Mozzarella and Basil Pesto Sandwich

Comply

19/10/2009 DTS/09/399 Pomegranate Blueberry 100% Juice Comply 13/10/2009 DTS/09/400 Chicken, egg and lettuce sandwich Comply 13/10/2009 DTS/09/401 Stuffed pepper – Rice and Spice

meat/egg Comply

13/10/2009 DTS/09/402 Focaccia – Chicken Avocado, Sun dried Tomato and Tasty Cheese

Comply

13/10/2009 DTS/09/403 Focaccia – Bacon, Cranberry, Turkey and Tasty Cheese

Comply

13/10/2009 DTS/09/404 Ham and Cheese Sandwich Comply 13/10/2009 DTS/09/405 Salami and Sun dried Tomato

Sandwich Comply

13/10/2009 DTS/09/406 Ginger Spice blend Fail 16/10/2009 INV/09/052 Infant Formula Unopened Comply

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16/10/2009 INV/09/053 Infant Formula Opened Comply 19/10/2009 DTS/09/407 Chicken Wrap Comply 19/10/2009 DTS/09/408 Chicken burger Comply 19/10/2009 DTS/09/409 Roast Turkey Breast Fail 19/10/2009 DTS/09/410 Roast Beef Comply 19/10/2009 DTS/09/411 Roast Turkey Breast Comply 19/10/2009 DTS/09/412 Roast Beef Comply 19/10/2009 DTS/09/413 Chicken loaf Comply 19/10/2009 DTS/09/414 Ham Comply 19/10/2009 DTS/09/415 Tandoori Chicken Focaccia Comply 19/10/2009 DTS/09/416 Turkey Focaccia Comply 19/10/2009 DTS/09/417 Chicken Breast Comply 19/10/2009 DTS/09/418 Silverside Fail 19/10/2009 DTS/09/419 Turkey Breast Comply 19/10/2009 DTS/09/420 Chicken Comply 19/10/2009 DTS/09/421 Turkey Roast Breast Comply 19/10/2009 DTS/09/422 Gourmet Roast Beef Sandwich Comply 20/10/2009 DTS/09/423 Chicken Sandwich Comply 20/10/2009 DTS/09/424 Grilled Ciabatta – Ham Comply 20/10/2009 DTS/09/425 Grilled Ciabatta – Chicken Comply 20/10/2009 DTS/09/426 Roast Beef Sandwich Comply 20/10/2009 DTS/09/427 Leg Ham and Cucumber Sandwich Comply 20/10/2009 DTS/09/428 Chicken Carousel Focaccia Comply 20/10/2009 DTS/09/429 Roast Turkey Focaccia Comply 20/10/2009 DTS/09/430 Chicken Focaccia Comply 20/10/2009 DTS/09/431 Filled Capsicum Comply 20/10/2009 DTS/09/432 Chicken Cheese lettuce and

Avocado Focaccia Comply

20/10/2009 DTS/09/433 Toasted Prosciutto, Mozzarella, Pumpkin, Eggplant and Sun dried Tomato Focaccia

Comply

2210/2009 INV/09/054 Almonds Comply 10/11/2009 INV/09/055 White Sliced Bread Comply 09/12/2009 INV/09/056 Premium Fruit and Nut Muesli Comply 09/12/2009 INV/09/057 Calamari Comply 09/12/2009 INV/09/058 Prawns Comply 09/12/2009 INV/09/059 Fish Comply 24/12/2009 INV/09/061 Mouth Freshener Comply 29/12/2009 INV/09/062 Chocolate Bar Comply TOTAL 66 Comply 63 Fail 3

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Appendix 6 Action on Failed Samples

Oct – Dec 2009

Sample No

Description Result Action Status

DTS/09/406 Ginger Spice blend Failed labelling. Investigation Complete DTS/09/409 Roast Turkey Breast High Enterobacteriaceae and

standard plate count. Investigation Complete

DTS/09/418 Silverside High standard plate count. Investigation Complete There were 3 failed samples this quarter

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10. Community Sustainability Reports M 116 Patterson River Secondary College – Multi-purpose sports

facility Approved by: Mauro Bolin - General Manager Community Sustainability Author: Nigel Brown – Team Leader Sport and Recreation

1. Purpose

This report requests that Council authorise the execution of a joint development and use agreement and confirms the allocation of $370,000 from 2009/2010 capital works program as Council’s contribution to the Patterson River Secondary College – multi-purpose sports facility.

2. Background

The Patterson River project was initiated in early 2006 by the Patterson River SC School Council. Originally the project started as a cooperative arrangement between the Victorian Department of Education and Early Childhood Development (DEECD), the City of Frankston (CoF), the Patterson River Secondary College (PRSC), the Chelsea and Districts Basketball Association (CDBA), The Chelsea Netball Association (CNA), the Frankston Netball Association (FNA) and the City of Kingston. The objective of the project is to build a 3 court multi-purpose sports facility on Patterson River Secondary College land to service the needs of the School and the local community through the competitions coordinated by local sporting associations. As the only Kingston based basketball association, Chelsea Basketball Association is the major provider of basketball participation within Kingston. The Bonbeach Basketball Stadium is outdated and limited to two courts with under-sized run-off areas. During consultation on the Bonbeach Master Plan, this facility was noted as being too small to meet the current or future needs of the sport, but due to site constraints, an upgrade and extension of the facility were deemed to be unachievable on the existing site. The opportunity to provide access to a new facility which met the requirements of the sport and allowed for growth in participation numbers and programs was seen as an excellent alternative option. The project was originally costed at $2.1 million dollars (Cost Plan A) with funding arranged according to the following model:

Contributions Dept of Education $900,000 Patterson River S.C. $600,000 Kingston Council $250,000 Frankston Council $250,000 Frankston Netball $10,000

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Chelsea Basketball (KCC) $100,000 Chelsea Netball (KCC) $20,000 Total $2,130,000

At the Council Information Session on 01 October 2007, Councillors were informed that the Chelsea Basketball Association had not been able to meet its contribution commitments and that the Chelsea Netball Association had decided to withdraw from the project altogether. At this meeting the Councillors agreed to increase Kingston’s contribution by an additional $120,000 to ensure that the project proceeded. This was reflected in the 2009/2010 capital works forward plan. Further the Council requested that this money be considered a loan to be repaid by the Chelsea and District Basketball Association out of any operating surplus. It was further considered that this might be best secured by having the associations rights to operating surplus from the facility assigned to Council. The original funding model was amended as follows:

Contributions Dept of Education $900,000 Patterson River S.C. $600,000 Kingston Council $370,000 Frankston Council $250,000 Frankston Netball $10,000 Chelsea Basketball (KCC) $100,000 Chelsea Netball (KCC) $20,000 Total $2,130,000

Further to this decision Council officers and the other project partners have provided input into the facility concept design and Development and Joint Use agreement (DJUA) being developed by the School Council and the Department of Education. A DJUA is a compulsory element of any infrastructure project built on department of education land.

3. Summary and Conclusion

Council’s contribution of $370,000 to the project is considered a positive outcome for Council and the community. It provides access for Chelsea and District Basketball Association to 1080 hours of court time annually, in a modern, appropriate facility. With a 25 year agreement this will secure the current and future requirements of the Association. The addition of the facility to the school’s infrastructure also serves the 60% of students at the school who are Kingston residents.

4. Consultation

Council officers have provided input to the project steering group representing the interests of Council’s capital investment and advocating for access to the facility for the City of Kingston based Chelsea and District Basketball Association.

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5. Issues

There have been long delays in bringing this project to fruition, primarily caused by internal issues between the School Council and the Education department over funding and the tendering process for the job. These delays have resulted in increased costs for the project which have been borne by the School Council and the Department in the order of $700,000. Both Kingston and Frankston Councils have been very clear in discussions that our contributions were capped. Following the tender process, the project costs and the funding model are as below:

Contributions Dept of Education $1,300,000 Patterson River S.C. $889,566 Kingston Council $370,000 Frankston Council $250,000 Frankston Netball $10,000 Total $2,819,566

In line with the direction of Council in 2007, the original construction contributions of both Chelsea & District Basketball Association and Chelsea Netball Association have been taken up by the City of Kingston. Council’s contribution is a capped one-off capital contribution towards the development of the facility. The DUJA ensures that Council will not be required to meet any shortfalls in either the construction of the facility, or in operating costs. There are no ongoing maintenance obligations for Council for the facility. The DUJA also provided for 20.5% of any surplus funds generated by the facility to be returned to Council, in line with the advice provided to Council in 2007. Since committing as a partner to this project, the school infrastructure landscape within the region has been impacted by the introduction of the Federal government’s – education economic stimulus program. A number of multi-purpose halls are in development or planned at school sites and are likely to provide competition for additional hire income sources at this facility. Although this impact is yet to be quantified, it is likely that in this competitive environment that income streams at this facility would be adversely impacted, reducing the likelihood of significant surpluses being generated. The investment by Council in this project has been driven by the community benefit derived from providing access to a quality community sporting facility. The $370,000 contribution is only a fraction of the financial outlay that would be required if Council were to fund and build a similar facility within the municipality. Targeting this community access via the operations of the Chelsea and District Basketball Association ensures optimised use of the new facility and maximum benefit to Kingston residents. As stipulated in the DJUA, Chelsea & District Basketball Association will be provided with access to an annual entitlement of 1080 hours use of the facility, each year for 25 years. Additional hours will be able to be booked by the Association and other users at the hourly rate applicable at the time.

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6 Triple Bottom Line Checklist

Environmental – The facility will be built on department land, equating to no loss of public open space in Kingston. It will provide modern facilities, using ESD design principles and modern building techniques.

Social – Up to 60% of the school student population are Kingston resident’s who will

benefit from the provision of modern facilities. It provides access for Chelsea and District Basketball Association to 1080 hours of court time annually, in a modern, appropriate facility. With a 25 year agreement this will secure the current and future requirements of the Association.

Financial – For a small capital investment of $370,000 in a $3million project, Council

will help to secure the current and future court access needs of Kingston’s only basketball association. The likely cost of an alternative facility built on Council land would be $4million and would require a large requisition of open space to provide sufficient space for five courts. There are no ongoing maintenance or capital requirements for Council and a small potential of cash flow returns to Council from operation of the facility.

7. Recommendation “That Council resolve to: a) Authorise the signing and execution of the attached Development and Joint Use

Agreement by the Chief Executive Officer and Mayor. b) Confirm commitment of $370,000 to the project from the 2009/2010 capital works

program.” Attachments: Development and Joint use Agreement – Draft Execution version 20/4/2010 – TRIM Ref:10/42706 Cr Bauer declared a conflict of interest due to close association and left the meeting prior to discussion on this item at 9:35pm. Crs Shewan/Brownlees That Council resolve to: a) Authorise the signing and execution of the attached Development and Joint Use

Agreement by the Chief Executive Officer and Mayor. b) Confirm commitment of $370,000 to the project from the 2009/2010 capital works

program. Carried

Cr Bauer returned to the meeting at 9:38pm after the item had been resolved.

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M 117 Carrum Roy Dore Reserve Park Refurbishment Plan Approved by: Mauro Bolin - General Manager Community Sustainability Author: Nigel Brown – Team Leader Sport and Recreation

1. Purpose

This report provides feedback on the final public consultation phase of the Park Refurbishment Plan for the Carrum Roy Dore Reserve and presents a final plan for adoption by Council.

2. Background

Kingston City Council is committed to providing “accessible and shared open spaces that promote social connectedness and active, healthy lifestyles” (outcome 1.2 Council Plan 2009-2013). Carrum Roy Dore Reserve in the south of the municipality serves as a vital open space for the residents of Carrum. It provides both active sporting and passive recreational opportunities and in Kingston’s Open Space Strategy, lists it as the key open space reserve in Local planning Area 10b. In July 2009 a Draft Park refurbishment plan was prepared for Carrum Roy Dore Reserve as part of Council’s Park Improvement Programme. The plan outlined two separate car park re-design options and proposed landscape works. The proposed designs sought to improve the park for all users by improving pedestrian and vehicle access within the reserve, improving the amenity of the playground area, providing new trees and a framework for future park improvement works. As part of the community consultation for this project in October 2009, Council letter box dropped 2300 local residents copies of both design options for the park improvements and asked residents to nominate their preferred option. As a result of this consultation process 228 replies were received and 70 % of these responses nominated option 2 as their preferred option. Based on the results of this consultation process Council officers developed a draft final concept plan. This draft final concept plan was based on Option 2 but incorporated many suggestions and improvements identified in other submissions. In February 2010, Council agreed that this draft final concept plan should be forwarded to the local community for final consultation. This consultation process involved a letter box drop of 2300 residents in Carrum and Patterson Lakes; signage and information at local libraries, community centres and in the park itself as well as a public meeting held at the Carrum Community Hall.

3. Summary and Conclusion

The final consultation process resulted in a number of issues being raised, some of which have been incorporated into the final plan that is being presented for adoption. The public

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meeting was attended by Councillors, council staff, 35 residents and the submission process resulted in 42 written submissions being received. Full details of the major issues raised during this consultation process are listed later in this report. The final draft concept plan attached incorporates a number of issues raised in this consultation, addresses the major issues of concerns for the residents and major users of this facility. In addition, as a result of this consultation, a revised implementation plan has also been developed to meet the needs of the major users of the facility in implementation of the project.

4. Consultation

The consultation process for the final draft concept plan for Roy Dore Reserve was extensive and involved the following methods of consultation: Letter box drop to 2300 residents in the Carrum and Paterson Lakes area Community meeting at Carrum Community Hall on March 30 Plan and feedback forms displayed on Council website 3 Notice/display boards located in the park Media release regarding the consultation process Plan and feedback forms displayed at Council offices and libraries Final concept plan and feedback form provided to all user groups of the Reserve This consultation process resulted in a range of issues being raised. A full and detailed list of all the issues raised through the written submissions can be found in Attachment B. A summary list of the key issues raised and the resultant implications for the draft concept plan are listed below in the issues section of this report. All individuals who submitted a response as part of this consultation process will receive a written response to their submission.

5. Issues

The consultation process resulted in a number of issues being raised and a number of these have resulted in changes to the draft plan which are now reflected in the plan attached (refer attachment A). The major issues raised in the consultation process and the recommendations in relation to these issues are summarised in the following table.

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Issue raised in Consultation Response

Perimeter parking around the ground should not just be “overflow”. Should be allowed on all match days only.

Draft plan has been changed and the word overflow has been removed. Match day parking only will be allowed around the east oval only.

Opposition to location of toilet on Dyson Road adjacent to car park.

Draft plan has been changed. Toilet now located on grassed area near the children’s centre and adjacent to the junction of two paths. The new location for this toilet is in a safe location in close proximity to the playground and is clearly visible from all areas of the reserve.

Concerns re additional traffic in vicinity of Dyson Road entrance now that it is an additional entry point for parking.

No change to draft plan. There is no evidence that there will be any increased traffic in Dyson Road. If this becomes an issue it can be addressed as a separate issue at a later date.

Concerns the 10 parking spaces near Dyson Road entrance could be dangerous with a confluence of pedestrians and cars.

No change to draft plan. These concerns will be answered with well constructed paths, fencing and signage.

Plan does not include tennis club and off lead dog area.

No change to draft plan. Scope of plan does not cover this area, however, park furniture in this area will be upgraded.

Concerns re management of traffic on match days and clubs being in charge of locking gates.

No change to draft plan. Council officers will work closely with the clubs to develop a traffic management strategy for match days and expect clubs fulfil their responsibilities.

Establish traffic management plan for operation on match days.

No change to plan. Refer to above.

Staging of works to allow for sufficient car parking during winter season.

No change to plan. Council staff will work with the clubs in regard to staging of implementation to ensure sufficient parking available during the winter season.

Call for additional activity area ie basketball court/skate park as part of reserve.

No change to plan. Not budgeted for as part of this project but could be considered as a separate initiative at a later date.

Requests for additional component of playground for younger children and older people.

No change to plan. Further consultation will take place with the community prior to the upgrade of the playground.

Request for additional park infrastructure ie seats and drinking fountains throughout the reserve, particularly near off lead dog area.

No change to plan. Additional park infrastructure will be provided throughout the park as part of the implementation of the plan.

Location of the playground was questioned. A better location may be near the angling club or in the grassed area adjacent to the kindergarten and community hall.

No change to plan. Not sufficient funding in project budget for relocation of updated playground to new site. This location was identified by the Playground Strategy as the best location for a playground.

Concerns raised regarding bitumen surface on access road and carpark at Dyson Road

No change to plan. Bitumen surface on access road and car parks is highest desired standard. In officers

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Issue raised in Consultation Response entrance. This surface could encourage burnouts by hoons.

experience more likely to attract hoon behaviour on a gravel surface rather than an asphalt one.

The football clubs asked with all of these works if consideration could be given to re sowing of the grounds to warm season grasses.

No change to plan. Council has received funding under the 2010-2011 Drought Relief for Community Sport and Recreation for re surfacing of the East Oval in warm season grass.

6 Triple Bottom Line Checklist

Environmental – The proposed park improvements will add to the functionality and amenity of this important open space reserve. Mature tree plantings around the west oval together with the introduction of an indigenous vegetation corridor in the north of the reserve, will contribute to the overall health and quality of the vegetation of the reserve.

Social – Carrum Roy Dore Reserve has been identified in Kingston’s open space strategy as a

vital open space resource for the residents of Carrum. It provides the only significant area of open space (9.92 ha) in local area 10b, equally offering active sporting and passive recreational opportunities. The draft Kingston playground Strategy recommends the existing playground be upgraded from a local to a district level facility. Investing in this reserve will maintain and enhance the reserve’s functionality and amenity, improving the experience for all users.

Financial – The costs of implementing the recommended improvements have been estimated

at $1,000,000 (refer attachment C). The current allocation within the capital program is $580,000 (10/11, and 11/12). $100,000 from the 2010/2011 playground renewal budget will contribute towards the cost of the playground upgrade. The remaining $320,000 required for the project is proposed to be provided through Open Space Reserve contributions. (refer CIS 9/3/2010 – Trim reference 10/14646)

7. Recommendation “That Council resolve to: (a) Adopt the final concept plan for Carrum Roy Dore Reserve Park Refurbishment Plan. (b) Support the associated staging and costings for implementation of the Plan and allocate the

required budget in the Capital Works forward plan. (c) Support the allocation of $320,000 of Open Space reserve funds in 2011/2012 for the

implementation of the Plan. Attachments: Attachment A – Final Concept plan – Carrum Roy Dore Reserve Park Refurbishment plan June 2010 10/57900 Attachment B - Detailed results of Consultation – Carrum Roy Dore Reserve May 2010 10/47414 Attachment C – Final staging and costing plan May 2010 – Carrum Roy Dore Reserve 10/47424

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Cr Peulich left the meeting at 9:39pm Cr Peulich returned to the meeting at 9:41pm Cr Brownlees left the meeting at 9:42pm Crs Shewan/Bauer That Council resolve to: (a) Adopt the final concept plan for Carrum Roy Dore Reserve Park Refurbishment Plan. (b) Support the associated staging and costings for implementation of the Plan and allocate the

required budget in the Capital Works forward plan. (c) Support the allocation of $320,000 of Open Space reserve funds in 2011/2012 for the

implementation of the Plan.

Carried

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11. Organisational Development & Governance Reports M 118 Expenditure of Ward Funds Schedule Approved by: Elaine Sowerby, General Manager Organisational Development &

Governance Author: Michael Fry, Team Leader Council Business

1. Purpose The purpose of this report is to seek formal Council approval of the expenditure of Ward funds in accordance with the ‘Expenditure of Ward Funds Policy’.

2. Background The Council, on 23 March 2009, adopted a revised policy for the expenditure of ward funds. Each financial year during a Council term, Kingston Councillors are allocated $6,000 in ward funds for utilisation in accordance with the adopted policy. Part 2 of the policy, which outlines the limitations on the expenditure of ward funds, specifies that Councillors may propose that ward funds be allocated for initiatives that aim to:

“a) assist a recognised community group (including sporting/recreational body, arts/cultural group, charity, youth group, pre-school, playgroup, senior citizens club, historical society, friendship group, environmental group, trader organisation or toy library) which provides a service, program or activity used by or of benefit to Kingston residents;

b) assist an individual who is a resident of the City of Kingston to participate in a sporting, recreational or cultural activity, or other pursuit of a personal development nature, or who is in necessitous circumstances;

c) Support an event or activity which will be of benefit or interest to residents of the City of

Kingston;

d) Support the key external themes of enhancement of the physical environment or the development of community well being, identified in the Council Plan.”

It should be noted that the policy also enables a Ward Councillor to propose that his / her ward funds be expended outside of the Councillor’s specific ward, provided that the ward funds are expended for the benefit of the Kingston community, and that one or more of the criteria set out above are met.

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The table below lists the Councillor requests for the expenditure of ward funds received since the last Ordinary Council Meeting. Table of Councillor requests:

Councillor Ward Initiative Request

Date Amount

$

Mayor, Cr Staikos

North Southern Suburbs Football Club

Provision of Rounded Goals at Keeley Park

18/5/2010 326

Cr Athanasopoulos

North Southern Suburbs Football Club

Provision of Rounded Goals at Keeley Park

18/5/2010 326

Cr Peulich North Southern Suburbs Football Club

Provision of Rounded Goals at Keeley Park

18/5/2010 325

Cr Brownlees Central Southern Suburbs Football Club

Provision of Rounded Goals at Keeley Park

18/5/2010 200

Cr Dundas Central Southern Suburbs Football Club

Provision of Rounded Goals at Keeley Park

18/5/2010 200

Cr West Central Door of Hope

Building kindergartens in S. Sudan & are involving Kingston residents in this work

13/06/2010 200

Cr West Central Animalia

Animal Rescue and refuge based in Frankston, covering Kingston

13/06/2010 200

Cr West Central Carrum Indigenous Nursery

Operational costs

13/06/2010 200

Cr West Central Kingston Arts Network

Operational costs

13/06/2010 200

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Cr West Central Union of Australian Women (Mordialloc)

Operational costs

13/06/2010 200

Cr West Central Parkdale pre-school

Trivia night fundraiser

13/06/2010 170

Cr Bauer South Delta Society Australia Limited

Melbourne Classroom Canines team Jennifer Wilcox with Nelda & Larry - June 2010 – May 2011 - visiting Bonbeach Primary School

20/05/2010 200

Cr Shewan South Delta Society Australia Limited

Melbourne Classroom Canines team Jennifer Wilcox with Nelda & Larry - June 2010 – May 2011 - visiting Bonbeach Primary School

20/05/2010 200

Mayor, Cr Staikos

North Mersina Halvagis – Crime Stoppers Fund Raiser

Fundraising

21/06/2010 200

Cr Athanasopoulos

North Mersina Halvagis – Crime Stoppers Fund Raiser

Fundraising

21/06/2010 200

Cr Peulich North Mersina Halvagis – Crime Stoppers Fund Raiser

Fundraising

21/06/2010 100

Cr Brownlees Central Mersina Halvagis – Crime Stoppers Fund Raiser

Fundraising

21/06/2010 200

Cr Dundas Central Mersina Halvagis – Crime Stoppers Fund Raiser

Fundraising

21/06/2010 200

Cr West Central Mersina Halvagis – Crime Stoppers Fund Raiser

Fundraising

21/06/2010 200

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Cr Shewan South Mersina Halvagis – Crime Stoppers Fund Raiser

Fundraising

21/06/2010 100

Mayor, Cr Staikos

North Greek Senior Citizens of Southern & Eastern Regions and District

Operational Costs

23/06/2010 500

Cr Athanasopoulos

North Greek Senior Citizens of Southern & Eastern Regions and District

Operational Costs

23/06/2010 300

Mayor, Cr Staikos

North Southern Area Concert Band

Operational Costs

23/06/2010 200

Mayor, Cr Staikos

North Dingley Senior Citizens

Operational Costs

23/06/2010 200

Cr Brownlees Central Celebrate Party Hire

Hire of Marquee for Kingston Heath

23/06/2010 695

Cr Brownlees Central Parkdale Pre School Association

Operational Expenses

23/6/2010 200

Cr Brownlees Central SOS Inc St Augustines Church

Operational Costs

23/06/2010 200

Recommendation That Council approve the expenditure of ward funds in accordance with the table of Councillor requests. Cr Dundas left the meeting at 9:43pm Crs Athanasopoulos/Shewan That Council approve the expenditure of ward funds in accordance with the table of Councillor requests

Carried

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M 119 Update Delegation – Council to Staff – Food Act 1984 Approved by: Elaine Sowerby, General Manager Organisational Development &

Governance Author: Michael Fry, Team Leader Council Business

1. Purpose

To update the “Council to Staff” instrument of delegation, adopted by Council on 23 November 2009, to address changes to the Food Act 1984 which come into affect on 1 July 2010.

2. Background

Section 98 of the Act provides the mechanism by which Council can delegate to members of Council staff specific powers, duties and functions of the Council. Council is one of approximately 60 Victorian councils to subscribe to Maddocks Delegations Service, to assist councils to keep their instruments of delegation up to date and ensure that they accurately reflect current legislation. While certain legislative provisions can be further delegated, some are not able to be further delegated and must, therefore, be delegated directly to the staff member responsible to perform that power, duty or function. Maddocks has advised that recent changes to the Food Act 1984, to come into affect on 1 July 2010, impact on both the Council to Staff delegation and the CEO to Staff sub-delegation. The changes to the Food Act 1984 contained in this report were flagged to Council in the earlier report to Council on 23 November 2009.

3. Summary and Conclusion

The report provides the legislative context surrounding the requirement for the Council’s delegations to be reviewed and updated to ensure that they reflect the current legislation. It is proposed that the Council adopt the updated instrument of delegation to members of Council staff with respect to the Food Act 1984.

4. Consultation

Relevant affected staff have been consulted in order to review the current legislative provisions, whether those provisions are appropriate to be delegated and, where deemed relevant, that the staff titles are accurate and reflective of the current staff / organisational structure.

5. Issues

Effective use of delegations in accordance with the provisions of Section 98 of the Act, allows the day to day operational decisions to be made at the most appropriate level of the organisation. Empowering officers in this way enables decisions to be taken by officers “on the spot” in

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accordance with direction previously established by Council, eliminating the need to repeatedly refer matters to Council meetings for decisions. Delegations permit powers to be possessed by an officer, as well as the Council. The power is not “removed” from Council, but is “shared” with the designated officer/s.

The recent legislative changes to the Food Act 1984, which forms the rationale for this report, arise as an outcome of the State Governments review, through the Victorian Competition and Efficiency Commission’s (VCEC), into reducing the regulatory burden on businesses, consumers and the not-for-profit sector, while ensuring the highest standards of food safety.

Changes taking affect 1 July 2010: Currently two notices exist to deal with cleanliness of food premises and food

handlers. These have been expanded to three been expanded to three dealing with food premises, equipment and food handlers.

A new requirement for quarterly reporting to the Department of Health. Requirements

include type and number of premises registered, transferred, inspected, notices issued and complied, as well as any convictions obtained in court. This last requirement will lead to a State Register of Food Convictions.

Requirement to reinspect any premises not complying with the Food Act within three

months of renewal of registration. In Kingston’s case all renewals occur on the 31st of December each year.

Power to temporarily close a food premises until compliance is achieved has been

moved from the Department of Health and given to Councils who may delegate to the CEO.

Clarification around roles and powers of local and state government. Development of new risk classification system (see below for full details)

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Under the current Act, Food Businesses fall into 2 categories as follows:

Class 1 premises are those dealing with vulnerable groups such as Nursing Homes and Child Care Centers.

Class 2 premises fall into two categories. Premises handling unpackaged foods and requiring a food safety program (restaurants,

delicatessens, manufacturers), and Premises handling foods not requiring a food safety program (liquor shops, newsagents)

As a result of the changes, this will be expanded to 4 categories and affects businesses in the Class 2 Category.

New Class 4 Premises handling packaged food not requiring refrigeration, (newsagents) as well as cake stalls and sausage sizzles.

Council will no longer be required to register Class 4 premises.

New Class 3 Premises handling unpackaged lower risk food or potentially hazardous packaged food (confectionary, service stations). Registration continues.

Class 2 Class 2 premises handling potentially hazardous unpackaged foods (restaurants, delicatessens, food manufacturers)

Current bulk of premises will continue as is. Council will be required to register, inspect, follow up complaints and recalls.

Premises can opt to have a 3rd Party Audited FSP.

Class 1 Premises will continue as is.

Charitable and Community Groups. There are also changes that will affect some Community Groups in Kingston. These requirements will generally make it easier to comply with registration as in effect most will now fall into a Class 3

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Food Safety Program requirements have been reduced for new Class 3 premises and Community Groups.

6 Triple Bottom Line Checklist

Not applicable

7. Recommendation

That Council adopt the attached updated Instrument of Delegation to Members of Staff (S6)with respect to the legislative changes to the Food Act 1984.

Attachment: 1. Update to Council to Staff Instrument of Delegation (Marked up version) Crs Shewan/Athanasopoulos That Council adopt the attached updated Instrument of Delegation to Members of Staff (S6)with respect to the legislative changes to the Food Act 1984.

Carried

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M 120 Approval of 2010 Update to Council Plan Approved by: Elaine Sowerby, General Manager Organisational Development and

Governance Author: Steve Waugh, Team Leader Performance Planning

1. Purpose

The purpose of this report is to present the 2010 Update to the Council Plan 2009-2013 to Council for adoption.

2. Background The Local Government Act (the Act) requires all Councils in Victoria to develop a Council Plan after being elected and to review it each year by 30 June to determine if it requires adjustment. Failure to undertake this process will see Council named in Parliament. At the Annual Councillors Workshop it was agreed that the current Council Plan is still relevant and that no changes will be made to the strategic objectives, strategies or strategic indicators at this time. In accordance with the conditions laid out in Section 125 (9) of the Act there has been no adjustment to the Plan and consequently no Section 223 process is required.

3. Summary and Conclusion The Council Plan has been reviewed by Councillors and no changes will be made to the strategic objectives, strategies or strategic indicators. While a number of changes are proposed for Strategic Actions in the Council Plan, these do not constitute an adjustment to the Council Plan in accordance with the Act. A motion to formalise this decision and inform the Minister is required, along with a motion to adopt the Strategic Resource Plan.

4. Issues In previous years the Council Plan and Annual Budget have been put out for consultation at the same time. This year the two processes have been separated with the budget timeframe extending into July/August. Council must, however, adopt the Strategic Resource Plan section of the Council Plan no later than 30 June. As determined by Councillors the changes reflected in the 2010 Council Plan Update are minor in nature and do not constitute an adjustment in accordance with the Act. There are no changes to the strategic objectives, strategies or strategic indicators. The changes relate to more specific actions associated with the delivery of strategies and as such are not subject to a statutory submission process. By adopting the 2010 update Council will formally comply with the legislative requirement to determine if any adjustment to the Council Plan is required. Should significant changes occur in the budget process there will likely be impacts on the Council Plan, impacting the specific actions defined. This could relate to extending timelines, reducing scope or deletion of actions. Any change would be reflected in the quarterly reporting to Council which would show any actions amended or unfunded as a result of budget finalisation.

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5. Triple Bottom Line Checklist

Environmental – Recycled paper and waterless inks will be used where possible in the production of hardcopy versions of the document to reduce its environmental impact.

Social – The Council Plan is an important document in the ongoing process of communicating with the Kingston community.

Financial – The costs associated with the production of the 2010 Update to the Council Plan are within budget.

.

7. Recommendation

That Council:

1. Adopt the 2010 Update to the Council Plan and note that no adjustment to the

Council Plan is required at this time. 2. Adopt the Strategic Resource Plan as required by S26 (3) of the Act.

Attachment: 10/31411 - 2009 – 2013 Council Plan – 2010 Update – Plain Text Crs Bauer/Athanasopoulos That Council: 1. Adopt the 2010 Update to the Council Plan and note that no adjustment to the Council Plan is

required at this time. 2. Adopt the Strategic Resource Plan as required by S26 (3) of the Act.

Carried

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M 121 Endorsement of Victorian Local Government Womens Charter and Nomination of Charter Champion

Approved by: Elaine Sowerby, General Manager Organisational Development and

Governance Author: Tim Guille, Senior People and Culture Consultant

1. Purpose

The purpose of this report is to seek Council’s endorsement of and nomination for the Victorian Local Government Womens Charter.

3. Background The Women’s Participation in Local Government Coalition (WPILGC) was formed in 1996 to work towards the equal participation of women and men in local governments in Victoria. In February 2008, Local Government Managers Australia (LGMA) adopted a national strategy to promote women’s involvement in local government. A key strategy was the development and the Year of Women in Local Government in 2010. The WPILGC has since developed a Victorian Local Government Women’s Charter (the Charter) which recognises the need for increased women’s participation in the key decision making forums in the community and in demographic governance. The Charter is unique to Victoria and outlines that local governments on behalf of the communities support the following principles:

Gender Equity Diversity Active Citizenship

3. Summary and Conclusion WPILGC is currently seeking endorsement of the Victorian Local Government Women’s Charter and a nomination of a Charter champion. The charter is currently endorsed by a number of Council’s and is supported by the Municipal Association of Victoria (MAV) and the Victorian Local Government Association (VLGA). In endorsing this Charter, Kingston will be acknowledged as a supporter at the 2010 Victorian Local Government Charter Biennial Awards.

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4. Issues 4.1 Charter is a policy position

It is not compulsory for Council to endorse the Charter or for Council to nominate a champion. Council is currently supporting the Year of Women in Local Government through various other initiatives in 2010.

4.2 Participation Rates of Women in Local Government

Organisational Profile Whilst 71% of Council’s workforce is female, women are overly represented in part time or casual employment (64%) and are underrepresented in terms of senior management positions, with females occupying less than half of Councils management positions (43.5%).

Councillor and Community Profile

Based on the 2006 census, females make up 51.4% of Kingston’s residents and 2 of Councils 9 Councillors are women. Council has had 3 female Mayors with one completing 4 terms as Mayor.

5. Triple Bottom Line Checklist

Environmental – N/A Social – Councils support and endorsement of the Charter is an important process in the

ongoing support of promoting gender equity, diversity and active citizenship within Council and the Kingston community.

Financial – N/A

6. Recommendation

That Council:

1. Endorse the Victorian Local Government Womens Charter 2. Nominate Councillor/s _______________ as Champion for the Charter on

behalf of Council 3. Note the activities of the Women’s participation in Local Government

Coalition in its efforts to promote more active citizenships for women.

Attachment: 10/60320 Victorian Local Womens Government Charter 10/57089 Letter to Victorian Councils from Cr Beth Ripper

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Cr Brownlees returned to the meeting at 9:45pm Cr Dundas returned to the meeting at 9:47pm Crs Bauer/West That Council: 1. Endorse the Victorian Local Government Womens Charter 2. Nominate Councillors Bauer and West as Champion for the Charter on behalf of Council 3. Note the activities of the Women’s participation in Local Government Coalition in its efforts to

promote more active citizenships for women.

Carried 14. Urgent Business M 124 petition tabled under item 4 in regard to rates rebates for Patterson Lakes Residents

Motion

Cr Bauer/Peulich

The motion moved is as follows:

“That an item in relation to the petition tabled under item 4 in regard to rates rebates for Patterson Lakes Residents be advised in writing of Council’s response and responsibilities be accepted as an item of Urgent Business.”

Formal Motion Cr West/Athanasopoulos That consideration be deferred for further discussion The formal motion was put and carried A division was called Division For Against Mayor Cr Staikos Cr Bauer Cr Athanasopoulos Cr Peulich Cr Shewan Cr West Cr Brownlees Cr Dundas

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15. Items in Camera Crs Brownlees/West That in accordance with the provisions of section 89(2) of the Local Government Act 1989, the meeting be closed to members of the public for the consideration of confidential items: M122 as it contains contractual matters; and M123 as it contains legal advice.

Carried The meeting was closed to the public at 9:57pm. Crs Athanasopoulos/Peulich That the meeting be reopened to members of the public.

Carried The meeting reopened to the public at 10:15pm There being no further business the meeting closed at 10:15pm Confirmed………………………………….His Worship, The Mayor 26 July 2010.