MINUTES OF THE ORDINARY MEETING OF COUNCIL ...MINUTES OF THE ORDINARY MEETING OF THE MONASH CITY COUNCIL HELD ON 27 JANUARY 2016 3 1. Notes the outcome of the Community Consultation

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MINUTES OF THE ORDINARY MEETING OF

COUNCIL

HELD ON 27 JANUARY 2016

at 7.30 pm

Council Chambers 293 Springvale Road,

Glen Waverley

MINUTES OF THE ORDINARY MEETING OF THE MONASH CITY COUNCIL HELD ON

27 JANUARY 2016

1 MINUTES OF THE ORDINARY MEETING OF THE MONASH CITY COUNCIL

HELD IN THE COUNCIL CHAMBERS, SPRINGVALE ROAD GLEN WAVERLEY ON 27 JANUARY 2016AT 7.30 PM.

PRESENT: Councillors S Perri Mayor), R Paterson (Deputy Mayor), R Davies, M Drieberg, P Klisaris, G Lake, B Little, J Lo, K Nolan, B Pontikis, T Zographos

APOLOGIES: Nil DISCLOSURES OF INTEREST

Cr Davies – Item 7.1; Cr Zographos – Item 4.3.

CONFIRMATION OF MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 15 DECEMBER 2015

Moved Cr Paterson, Seconded Cr Nolan

That the minutes of the Ordinary Meeting of the Council held on 15 December 2015, be taken as read and confirmed.

CARRIED

RECEPTION AND READING OF PETITIONS, JOINT LETTERS & MEMORIALS

Nil PUBLIC QUESTION TIME

The Mayor advised that two questions had been received.


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2 OFFICERS’ REPORTS

1. COMMUNITY DEVELOPMENT & SERVICES

Nil 2. CORPORATE SERVICES 2.1 Consultancy Register Moved Cr Little, Seconded Cr Lo

That Council notes the attached Consultancy Register updates for the 6 months ending 31 December 2015. In response to questions from Cr Davies, the Director Corporate Services advised that a range of consultants were used. The Council used the State Government’s guidelines in determining its methodology for the use of consultants and that consultants were engaged to undertake discreet pieces of work, usually of an advisory nature. On-going services such as the internal audit function were not included on the register.

CARRIED

2.2 Audit & Risk Committee Membership Moved Cr Nolan, Seconded Cr Davies

That the Council, having noted that the first term of independent Audit & Risk Committee member, Ms Bev Excell will conclude in June 2016 and that she has sought to reapply for membership of the Committee, resolves to reappoint her as an independent member of Council’s Audit & Risk Committee for a 3 year period ending 30 June 2019, in accordance with Clause 3.5 of the Audit & Risk Committee Charter.

CARRIED

3. INFRASTRUCTURE SERVICES 3.1 Atkinson Street, Car Park Oakleigh – Consultation Results Moved Cr Pontikis, Seconded Cr Little

That Council:


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3 1. Notes the outcome of the Community Consultation Process for the carpark in

Atkinson Street. 2. Notes that the Parking Precinct Plan for an additional 195 spaces in Atkinson

Street has been fully subscribed in terms of the Planning Permits issued. 3. Confirms the preferred site for additional parking in the Oakleigh Activity Centre

as the Atkinson Street (Nos 129-133) site as per the current Parking Precinct Plan. 4. Refers to budget funding of $8.7M over the 2016/17 financial years for the

construction of 2 levels over the Atkinson Street car park between Palmerston Grove and Atkinson Street.

5. Refers to budget an additional $40,000 for further improvements to the design and for traffic mitigation works in Palmerston Grove including 2 road humps, restriction of the access in Palmerston Grove and additional parking restriction changes to discourage carpark traffic in Palmerston Grove. These works are to be implemented in 2016/17 pending consultation with affected residents.

6. Authorises the CEO to immediately commence the EOI process so that the construction tender report can be forwarded to Council in June 2016 subject to budget considerations with an estimated completion in mid-2017.

7. Authorises the Director City Development to negotiate better usage of the Oakleigh Centro Private Carpark after hours based on costs for security and cleaning. These costs are to be funded out of Parking Fine Infringement income.

8. Corresponds with the local community and any specific respondents to the consultation process to inform them of the Council decision.

9. Continues to investigate longer term options for increased car parking in the Oakleigh Activity Centre.

10. Continues to meet with the Oakleigh Parking Steering Committee to discuss parking needs into the future. The Committee is to also consider short term parking options to mitigate any parking disruptions during the construction process, particularly around the 2016 Christmas Period.

11. Continue the process to introduce a new Parking Precinct Plan which will require developers pay a cash contribution for every car parking space that is not provided on their own land. Continue to pursue options for funding of the proposed Atkinson Street car park and future car parking via possible land sales of 3 and 7 Oxford Street and other surplus land.

Cr Davies said that he supported the development of the car park but was not sure that the proposed sale of land in Oxford Street was the right approach. He added that the current contribution by traders under the parking precinct plan was $7,000-$9,000 per parking space, whereas in the Glen Waverley Activity Centre, that contribution was $20,000 per space. Cr Davies said that he encouraged the Council to increase the trader contribution in Oakleigh. He said that generally, traders contributed fifty percent of the cost of a parking space. The Mayor said that she supported the proposal and noted that the 195 parking spaces under the precinct plan had been fully subscribed. The Mayor noted that a $40,000 allocation was proposed for the forthcoming Budget, which would address a range of additional design features to the car park design and traffic mitigation works in Palmerston Grove, arising from community feedback. The Mayor noted that the project


27 JANUARY 2016

4 was subject to the Budget process, but there were actions the Council could undertake immediately, to address some of the parking problems. The level of trader contribution would need to be examined under a new parking precinct plan. The Mayor said that she acknowledged the intense pressure on parking in Oakleigh and the urgent need for the Council to act. She noted that there was the possibility to explore a range of options, some with the cooperation of the State Government. Cr Zographos said that the Council had surplus funds in the current financial year and should have proceeded with this project, immediately. He said that the Council could not delay it any longer. Part of the site was purchased a decade ago for the purpose of expanding parking and 70 percent of the feedback during public consultation supported the project.

CARRIED 3.2 Quotation for Rear Loading Garbage Compaction Truck Moved Cr Little, Seconded Cr Paterson

That Council: Accepts the submission from Bucher Municipal Pty Ltd for Contract No.2016051, for the supply of one Rear Loading Garbage Compaction Truck mounted on an Isuzu FRR 600 Cab-Chassis for the lump sum price of $261,136.81(GST inclusive) plus an estimated amount of $11,000 (GST inclusive)for VicRoads stamp duty and vehicle registration. In response to questions from Cr Zographos, the Acting Director Infrastructure advised that the current vehicle had reached the end of its useable life and this was an opportunity to upgrade to a large vehicle, which would result in improved efficiencies. Cr Davies noted that the recommended contractor had its manufacturing activities based within the City of Monash.

CARRIED 3.3 Road Reconstruction – Aloomba Street, Chadstone Moved Cr Davies, Seconded Cr Paterson

That: 1. Council accepts the tender of Parkinson Group (Aust) Pty Ltd to undertake the

reconstruction of Aloomba Street, Chadstone for the lump sum of $431,607.99 (GST inclusive).


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5 2. The anticipated project expenditure of $470,370.90 (GST exclusive) for the road

reconstruction (includes the contingency, design and project management fees) be noted.

3. The Chief Executive Officer be authorised to sign and seal the contract documents and approve any contract variations that are contained within the anticipated project expenditure.

CARRIED 3.4 Road Reconstruction – Moller Street, Oakleigh Moved Cr Nolan, Seconded Cr Paterson

That: 1. Council accepts the tender of Parkinson Group (Aust) Pty Ltd to undertake the

reconstruction of Moller Street, Oakleigh between Croft Street to Railway Avenue for the lump sum of $498,500.75 (GST inclusive).

2. The anticipated project expenditure of $543,182.50 (GST exclusive) for the road

reconstruction (includes the contingency, design and project management fees) be noted.

3. The Chief Executive Officer be authorised to sign and seal the contract

documents and approve any contract variations that are contained within the anticipated project expenditure.

CARRIED 4. CITY DEVELOPMENT 4.1 Proposed Discontinuance of Parts of Road Abutting 3/1 Cleveland Road Ashwood

and 5-7 Bolwarra Street, Chadstone Moved Cr Paterson, Seconded Cr Pontikis 1) That Council, acting under Clause 3 of Schedule 10 to the Local Government Act 1989

(“the Act”) and being of the opinion that parts of the Rights of Way abutting the following properties at:

i) 3/1 Cleveland Road and 1-4/128-130 High Street Road, Ashwood; and ii) 5-7 Bolwarra Street and 10 Amaroo Street, Chadstone (as shown on Attachments 1 and 2) are not reasonably required as rights of way:

a) Commences the statutory procedures under Sections 207A and 223 of the Act, to discontinue the road status of the parts of the Rights of Way abutting the properties at 3/1 Cleveland Road and 1-4/128-130 High Street Road, Ashwood and at 5-7 Bolwarra Street and 10 Amaroo Street, Chadstone (“the Roads”), by giving public notice of the proposed discontinuances in the Monash Leader newspaper with such notice stating that, if discontinued, Council proposes to either sell the land from the


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6 Roads (“the Land”) to the abutting owners of 3/1 Cleveland Road, Ashwood and 5-7 Bolwarra Street, Chadstone respectively or retain the Land and transfer the land to itself; and

b) Appoints a Committee of Council, comprising the Mount Waverley Ward Councillors to consider submissions received under S. 223 of the Act, on Tuesday 19 April, 2016 at 7.30 p.m. at the Civic Centre.

2) That, should no submissions be received in accordance with S. 223 of the Act, Council authorises the Chief Executive Officer or her delegate:

a) to publish the Notices of Discontinuance in the Victoria Government Gazette vesting the Land in Council.

b) upon the vesting of the Land in Council, to enter into negotiations for the sale of the land from the Road to the occupying/interested abutting landowners; and

c) to sell the land from the Road to the abutting owners at Council’s valuation including the signing and sealing of all relevant documentation required to effect the sale.

CARRIED 4.2 Proposed Discontinuance of The Right of Way Abutting 66 Golf Links Avenue, 1165-

1169 North Road, Oakleigh Moved Cr Little, Seconded Cr Paterson

1) That Council, acting under Clause 3 of Schedule 10 of the Local Government Act 1989 (“the Act”) and being of the opinion that the Right of Way abutting 66 Golf Links Avenue, 1165-1169 North Road, Oakleigh (as shown on Attachment 1) is not reasonably required as a Right of Way:

a) Commences the statutory procedures under Sections 207A and 223 of the Act, to discontinue the road status of the Right of Way abutting 66 Golf Links Avenue, 1165-1169 North Road, Oakleigh, by giving public notice of the proposed discontinuance in the Monash Leader newspaper with such notice stating that if discontinued, Council proposes to either sell the Land from the road to the abutting owners of 66 Golf Links Avenue, 1165-1169 North Road and 25 Best Street, Oakleigh or retain the Land and transfer the Land to itself; and

b) Appoints a Committee of management, comprising the Oakleigh Ward Councillors to consider submissions received under S223 of the Act, on Tuesday 19 April, 2016 at 7:30 pm at the Civic Centre.

2) That, should no submissions be received in accordance with S223 of the Act,

Council authorises the Chief Executive Officer or her delegate to; (a) to publish the Notices of Discontinuance in the Victoria Government Gazette

vesting the Land in Council. (b) upon the vesting of the Land in Council, to enter into negotiations for the

sale of the Land from the Road to the occupying /interested abutting landowners; and


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7 (c) to sell the Land from the Road to the abutting owners at Council’s valuation

including the signing and sealing of all relevant documentation required to effect the sale.

In response to a question from Cr Zographos, the Director City Development advised that the matter would come back to Council, in due course.

CARRIED 4.3 89-93 Atherton Road, Oakleigh Development and Use of A Multi-Storey Apartment

Building Including Shop Premises, Reduction In The Applicable Residential Visitor Car Parking Requirement And Provision of A Car Parking Contribution Pursuant To Schedule 2 of The Parking Overlay

NOTE: Cr Zographos disclosed a conflict of interest as he is the owner and resident of a property that abuts the subject site and is also an interested party, having lodged an objection to the proposal. Cr Zographos left the meeting at 7.55 pm prior to the Council commencing consideration of the item and returned at 8.03 pm, after the vote on the item had been concluded.

Moved Cr Paterson, Seconded Cr Perri

That Council resolves to issue a Refusal to Grant a Planning Permit (TPA/44878) for the development and use of a multi-storey apartment building including shop premises, reduction in the applicable residential visitor car parking requirement and provision of a car parking contribution pursuant to schedule 2 of the parking overlay at 89-93 Atherton Road, Oakleigh subject to the following grounds:

1. The proposal is inconsistent with Clause 21.15 being the Oakleigh Major Activity Centre Structure Plan.

2. The proposal is inconsistent with the objectives and requirements of Design and Development Overlay – Schedule 11.

3. The proposed development is excessive in building height, scale and massing having regard to the surrounding context and applicable policy.

4. The proposed vehicle access arrangement and car parking design does not provide for safe, efficient, functional and practical vehicle access in accordance with the requirements of Clause 52.06.

5. The proposal would have a poor level of internal amenity for future residents.

6. The proposal would have a detrimental impact on the amenity and development of surrounding land.

Cr Pontikis said that 546 objections had been received and that he had met with residents. The site is in the Oakleigh Activity Centre and falls within the Structure Plan. He said that the proposal did not meet the Structure Plan requirements. He hoped that the applicant would reconsider the application, speak to Council officers and submit a suitable alternative application.


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8 Cr Paterson said that she had also met with residents concerned about the proposal and agreed that it was inappropriate and hoped that the Applicant would consider making a revised application. Cr Davies said that he had visited the site and considered that the proposed development was too high. The site borders a sensitive heritage area and that it was an appalling proposal. The Mayor said that she was not surprised that the proposal was being recommended for refusal. She thanked residents for their interest and for bringing their concerns to Council. The Mayor noted that the proposal was very far removed from the Council’s vision for the area and it was not sympathetic to the neighbourhood character.

CARRIED 4.4 19 Muir Street, Mount Waverley Removal of One Tree Moved Cr Lo, Seconded Cr Davies

That Council resolves to issue a Refusal to Grant a Planning Permit (TPA/44829) for the removal of one tree at 19 Muir Street, Mount Waverley subject to the following grounds: 1. The tree makes a significant contribution to the landscape character of the area

and its removal is not responsive to the objectives of Clause 22.05 (Tree Conservation Policy) and Clause 42.02 (Vegetation Protection Overlay).

2. The location of the tree does not restrict the development potential of the site. Cr Lake advised the Council that he did not support the motion and if it was lost, would be proposing an alternative motion.

LOST

ALTERNATIVE MOTION Moved Cr Lake, Seconded Cr Pontikis

That Council resolves to issue a Planning Permit (TPA/44829) for the removal of one tree at 19 Muir St, Mt Waverley subject to the following conditions:

1. Prior to removal of the tree, three copies of amended plans drawn to scale and

dimensioned, must be submitted to and approved by the Responsible Authority. The submitted plans must clearly delineate and highlight any changes. When approved the plans will be endorsed and will then form part of the permit.


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9 The plans must be generally in accordance with the plans submitted with the

application, but modified to show: a) Replacement planting of two canopy trees. The replacement trees must not be

located over the easement. 2. The replacement planting as shown on the endorsed plans must not be altered

without the written consent of the Responsible Authority. 3. Replacement planting as shown on the endorsed plans must be completed within

6 months of the issue of Certificate of Occupancy and then maintained to the satisfaction of the Responsible Authority. An inspection of the trees must be arranged with Council officers within 1 month of planting.

4. This permit will expire in accordance with section 68 of the Planning and

Environment Act 1987, if one of the following circumstances applies: • The tree is not removed within 12 months from the date of 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 six months of the permit expiry date.

Cr Lake said that the Council’s vegetation Protection Overlay covered approximately one third of the municipality and the property in question was within the Overlay area. Under the VPO a tree could not be removed unless it is dead, dying or dangerous, although the Council had agreed to provide for some flexibility. In this instance the tree in question was creating a nuisance and creating some anxiety for the elderly neighbours living adjacent to the property. It was also causing concerns because of root encroachment. The tree was also inhibiting the plans of the property owners, who proposed to redevelop the site with another single storey dwelling, requiring an increase in the setback, 3 metres greater than required. Cr Lake said that the owners wanted to create a safe and friendly environment on their property. He added that the Council was committed to the VPO, but that it should not be applied ruthlessly. In response to a question from Cr Davies, the Director City Development advised that retention of the tree would necessitate a greater setback on the side of the property that the tree is located. RIGHT OF REPLY Cr Lake said that a range of changes to the design of the new residence would be required if the tree was retained and the property owners were committed to the design. The setback was not the only issue of concern regarding the tree. The nuisance and safety concerns were also important.

CARRIED


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10 4.5 613-625 High Street Road, Mount Waverley Development of A Four Storey Mixed

Use Premises Comprising of Ground Floor Shops And Short Stay Serviced Apartments Moved Cr Lo, Seconded Cr Paterson That Council resolves to Grant a Planning Permit (TPA/44401) for the development of a four storey building including associated car parking, use of the premises for short stay serviced apartments, at 613-625 High Street Road, Mount Waverley subject to the following conditions:

1. Before the development starts, three copies of amended plans drawn to scale and dimensioned, must be submitted to and approved by the Responsible Authority. The submitted plans must clearly delineate and highlight any changes. When approved the plans will be endorsed and will then form part of the permit.

The plans must be generally in accordance with the plans submitted with the application, but modified to show: a) Pedestrian awnings and balconies encroaching into the Larch Crescent road

reserve deleted with the exception of where the awning is above ground level shopfront glazing, in which case the minimum height between the footpath and the underside of the awning must be a minimum of 2.6 metres.

b) Cement fibre cladding framing feature extended to level 1 of the western facade.

c) Recessed creeper planting adjacent to the footpath along the ground level western facade.

d) Pedestrian awning provided immediately above the shopfronts of retail tenancies 1, 2 and serviced apartment street entry.

e) The location and design of any required fire services, electricity supply, gas and water meter boxes discreetly located and/or screened to compliment the development.

f) The awnings of the building, across all strata, achieving a clearance of no less than 750mm from the High Street Road kerbing.

g) Provide a corner splay or area at least 50% clear of visual obstructions (or with a height of less than 1.2 metres), which may include adjacent landscaping areas with a height of less than 0.9 metres, extending at least 2.0 metres long x 2.5 metres deep (within the property) on the south side of the vehicle crossing to provide a clear view of pedestrians on the footpath of the frontage road.

h) The car space adjacent to the accessible space on ground level, and two car spaces at the northeast corner of the car park on ground level nominated as “staff only”.

i) Provision of a 4.0m height clearance to the car parking entrance and loading bay accessway.

j) Car parking within the development must be allocated as follows: - Provision of no less than 1 car space to each Retail 1 and Retail 2 tenancy.


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11 - Provision of no less than 6 car spaces to Retail 3 tenancy. - Provision of no less than 39 car spaces associated with the serviced

apartments. - Provision of no less than 10 visitor car spaces located within common

property and accessible to the public.

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

3. Once the development has started it must be continued and completed to the

satisfaction of the Responsible Authority.

4. Prior to the commencement of the permitted development, the owner of the land to which this permit relates must enter into an agreement with the Responsible Authority under Section 173 of the Planning and Environment Act 1987. In addition to the usual mechanical provisions, the agreement must provide for the following matters: a) Apartment premises within the development are restricted to short-stay serviced

apartments defined as “Residential Hotel” by the Monash Planning Scheme. b) Permanent occupation of apartment premises as a primary residence is

prohibited. c) Serviced apartment premises are to managed and remain under the control of a

single operator responsible for the operation and maintenance of the entire premises.

d) Car parking allocated to serviced apartments located within common property, managed and allocated by the serviced apartment operator to the satisfaction of the Responsible Authority.

e) The costs of the Responsible Authority in relation to the preparation, review and registration of the agreement are to be borne by the owner.

A memorandum of the Agreement is to be entered into on Title. The cost of the preparation and execution of the Agreement and entry of the memorandum on Title is to be paid by the owner.

5. Prior to the commencement of the use for serviced apartments an Operational

Management Plan concerning the serviced apartments prepared to the satisfaction of the Responsible Authority must be submitted and approved by the Responsible Authority. The plan should detail but not be limited to: a) The presence of a manager on site at such times to operate the reception area; b) Services provided; c) Operating hours; d) Management of the car park associated with the serviced apartments.

When approved, the Operational Management Plan will be endorsed to form part of this permit and must be implemented to the satisfaction of the Responsible Authority.


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12

6. Function and conference facilities within the development must not exceed 20 patrons/seats at any single time and be operated ancillary to the primary use as serviced apartments, unless with the prior written consent of the Responsible Authority.

7. Function and conference facilities must only operate between 7:30am and 7:30pm Monday to Friday unless otherwise agreed to in writing by the Responsible Authority.

8. Prior to the commencement of works on the site, the owner shall prepare a Waste Management Plan for the collection and disposal of garbage and recyclables for all uses on the site by private contractor. The Waste Management Plan shall provide for: a) The method of collection of garbage and recyclables for uses; b) Designation of methods of collection by private services; c) Waste collection via the laneway adjacent to the northern boundary; d) Appropriate areas of bin storage on site and areas for bin storage on collection

days; e) Measures to minimise the impact upon local amenity and on the operation,

management and maintenance of car parking areas; f) Litter management.

A copy of this plan must be submitted to and approved by the Responsible Authority. Once approved the Waste Management Plan will be endorsed to form part of the permit.

9. No goods must be stored or left exposed outside the building so as to be visible from

any public road or thoroughfare. 10. No bin or receptacle or any form of rubbish or refuse shall be allowed to remain in

view of the public and no odour shall be emitted from any receptacle so as to cause offence to persons outside the land.

11. The amenity of the area must not be detrimentally affected by the use or

development, through the:

a) transport of materials, goods or commodities to or from the land;

b) appearance of any building, works or materials;

c) emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil;

d) presence of vermin;

12. The occupants and management of the premises must ensure that any noise emanating from the premises, during and post construction, must not exceed the standards of the State Environment Protection Policies No. N1 and N2 and must on request provide evidence to Council of Compliance with the policies.


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13 13. Air-conditioning and other plant and equipment installed on or within the buildings

must be so positioned and baffled that any noise emitted complies with the appropriate Australian Standards and EPA requirements.

At the immediate request of the Responsible Authority noise testing must be taken to demonstrate compliance with EPA noise requirements. Noise testing is to be undertaken at no cost to the Responsible Authority.

14. No equipment, services, architectural features or structures of any kind, including telecommunication facilities, other than those shown on the endorsed plans shall be permitted above the roof level of the building unless otherwise agreed to in writing by the Responsible Authority.

15. A landscape plan prepared by a Landscape Architect or a suitably qualified or

experienced landscape designer, drawn to scale and dimensioned must be submitted to and approved by the Responsible Authority prior to the commencement of any works. The plan must show the proposed landscape treatment of the site including:- • Planting to soften the appearance of the development. • Schedule of all proposed trees, shrubs, creepers and ground cover, which will

include the size of all plants (at planting and at maturity), their location, botanical names and the location of all areas to be covered by grass, lawn, mulch or other surface material.

• Provision of appropriate species suited to low water use and low ongoing maintenance.

• Detail of growing medium, irrigation and drainage of planter boxes and planting within confined spaces.

• The extent of any cut, fill, embankments or retaining walls associated with the landscape treatment of the site.

When approved the plan will be endorsed and will then form part of the permit.

16. Before the occupation of the buildings allowed by this permit, landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority.

17. Bicycle parking facilities shall generally follow the design and signage requirements

set out in Clause 52.34 of the Monash Planning Scheme.

18. Before the use and development permitted starts, areas set aside for parked vehicles and access lanes 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;


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14 (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.

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

19. The layout of the development shall generally follow the Design Standards for car parking set out in Clause 52.06-8 of the Monash Planning Scheme.

20. Car parking within the development must be allocated as follows:

• Provision of no less than 1 car space to each Retail 1 and Retail 2 tenancy. • Provision of no less than 6 car spaces to Retail 3 tenancy. • Provision of no less than 39 car spaces associated with the serviced apartments. • Provision of no less than 10 visitor car spaces located within common property

and accessible to the public. Any future subdivision of the development must provide for car parking in accordance with the above-mentioned requirement on Title to the satisfaction of the Responsible Authority. Car parking associated with serviced apartments are to remain entirely within common property associated with the serviced apartments and managed by the operator of the serviced apartments to the satisfaction of the Responsible Authority.

21. Before the development starts, a site layout plan drawn to scale and dimensioned must be approved by the Responsible Authority.

The plans must show a drainage scheme providing for the collection of stormwater within the site and for the conveying of the stormwater to the nominated point of discharge.

The nominated point of discharge is the south-west corner of the property where the entire site’s stormwater must be collected and free drained via a pipe to the Council pit, constructed to Council Standards.


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15 22. All on-site stormwater is to be collected from hard surface areas and must not be

allowed to flow uncontrolled into adjoining properties. The on-site drainage system must prevent discharge from driveways onto the footpath. Such a system may include either:- a) trench grates (150mm minimum width) located within the property; and/or b) shaping the driveway so that water is collected in a grated pit on the property;

and/or c) another Council approved equivalent.

23. Driveways are to be designed and constructed using appropriate engineering standards.

24. The redundant vehicle crossing is to be removed and reinstated with kerb and channel to the satisfaction of the Responsible Authority. The footpath and naturestrip are to be reinstated to the satisfaction of Council. A permit for modification of any vehicle crossing is required from Council’s Engineering Department.

25. The accessible parking spaces should generally be designed in accordance with the

Australian Standard for Off-Street Parking for people with disabilities, AS/NZS 2890.6. The vehicle path to and from each accessible space shall have a minimum headroom of 2200mm. The headroom above each dedicated space and adjacent shared area shall be a minimum of 2500mm.

26. Bicycle parking facilities shall generally follow the design and signage requirements of

Clause 52.34.

27. Any new drainage work within the road reserve requires the approval of the City of Monash’s Engineering Division prior to the works commencing. Three copies of the plans (A3-A1 size) for the drainage works must be submitted to and approved by the Engineering Division. The plans are to show sufficient information to determine that the drainage works will meet all drainage conditions of the permit. A refundable security deposit of $3,000 is to be paid prior to the drainage works commencing.

28. Engineering permits must be obtained for new or altered vehicle crossings and for

connections to Councils drains/pits and these works are to be inspected by Council (tel. 9518 3690).

29. Before the development starts, a construction management plan must be prepared and submitted to the Responsible Authority for approval. The plan must be to the satisfaction of the Responsible Authority. Once approved, the plan must be implemented to the satisfaction of the Responsible Authority. The plan must address the following issues: a) measures to control noise, dust and water runoff; b) prevention of silt or other pollutants from entering into the Council’s

underground drainage system or road network; c) the location of where building materials are to be kept during construction;


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16 d) the location of site services and constructions sheds; e) site security; f) maintenance of safe movements of vehicles to and from the site during the

construction phase; g) the provision of car parking for vehicles associated with construction of the

development; h) wash down areas for trucks and vehicles associated with construction activities; i) cleaning and maintaining surrounding road surfaces; j) a requirement that construction works must only be carried out during the

following hours: • Monday to Friday (inclusive) – 7.00am to 6.00pm; • Saturday – 9.00am to 1.00pm; • Saturday – 1.00pm to 5.00pm (only activities associated with the erection of

buildings. This does not include excavation or the use of heavy machinery.) VicRoads condition (ref: 15285) 30. Prior to the endorsement of plans, amended plans must be submitted to and approved

by VicRoads. Once approved by VicRoads the plans may then be approved by the Responsible Authority and will then form part of the permit. The plans must be generally in accordance with the plans submitted with the application and amended to show: a) The awnings of the building, across all strata, achieving a clearance of no less

than 750mm from the High Street Road kerbing.

31. This permit will expire in accordance with section 68 of the Planning and Environment Act 1987, if one of the following circumstances applies: • The development is not started before 2 years from the date of issue. • The development is not completed before 4 years from the date of 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 six months of the permit expiry date, where the development allowed by the permit has not yet started; or within 12 months of the permit expiry date, where the development has lawfully started before the permit expires.

NOTES- 1. Building approval must be obtained prior to the commencement of the above

approved works.

2. Unless no permit is required under the planning scheme, no sign must be constructed or displayed without a further permit.

3. Three printed copies of the plans (A3-A1 size) for the drainage works must be submitted to and approved by the Engineering Division prior to the commencement of


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17 works. The plans are to show sufficient information to determine that the drainage works will meet all drainage conditions of the permit.

4. Premises used for the sale or storage of food in any manner whatsoever are to be

registered under the Food Act and require Council approval via the Chief Environmental Health Officer before occupation.

5. Building Permit approval for this development must take into consideration the

location of future subdivision boundaries and their compliance with the Fire Separation Provisions of the Building Code of Australia, including Separating Walls and Openings near Boundaries, as well as the requirements of the Building Regulations.

6. In the event that any parking restrictions are introduced in the surrounding area,

occupants of this development will not be granted parking permits. 7. Consultation should take place with Council respect of the removal of the vehicular

crossing and reinstatement works.

8. The lot/unit numbers on the “Endorsed Plan” are not to be used as the official street address of the property. Street numbering is allocated in accordance with Australian/New Zealand Standards 4819:2001- Rural and Urban Addressing. Any street addressing enquiries should be directed to Council’s Valuation Team on 9518 3615 or 9518 3210.

9. An on site detention system for storm events up to the 1% AEP event to be retained on

site for the basement carpark. The detention system for the property, which is to be at ground level and discharge by gravity, is to be separated from the detention system for the basement car park.

A Licensed Surveyor or Civil Engineer (who is a Registered Building Practitioner) must certify that the stormwater detention system including all levels, pits, pipes and storage volumes is constructed in accordance with the approved plans. The certifier’s registration number must be included on the certificate.

CARRIED 4.6 37-41 Warrigal Road, Hughesdale Application To Amend Existing Approval For The

Development and Use of A Five-Storey Building With Basement Car Parking Comprising Dwellings and Offices, Including A Reduction In Visitor Car Parking Requirement, Alteration (Removal) Of Access To A Road Zone, And Demolition/Works Within A Public Acquisition Overlay

Moved Cr Pontikis, Seconded Cr Lake That Council resolves to issue a Notice of Decision to Amend Planning Permit (TPA/40790/A) for the development and use of a five-storey building with basement car parking comprising


27 JANUARY 2016

18 dwellings and offices, including a reduction in visitor car parking requirement, alteration (removal) of access to a road zone, and demolition/works within a public acquisition overlay, at 37-41 Warrigal Road, Hughesdale subject to the following conditions:

1. Before the development starts, three copies of amended plans drawn to scale and dimensioned, must be submitted to and approved by the Responsible Authority. The submitted plans must clearly delineate and highlight any changes. When approved the plans will be endorsed and will then form part of the permit.

The plans must be generally in accordance with the plans submitted with the application, but modified to show: a) Upper level obscure glazing replaced with fixed louvred screens to west facing

habitable room windows adjacent to the common boundary with 1/26 and 2/26 Swindon Road. The screens are to be at least 1.7 metres above finished floor level and be no more than 25 per cent transparent.

b) Provision of a fixed louvered screen to a height of 1.7m above finished floor level of balconies 1.03, 1.04, 2.03 and 2.04 to prevent overlooking of 1/26 and 2/26 Swindon Road.

c) Provision of a fixed louvered screen to a height of 1.7m above finished floor level along the north-western corner of balcony 3.07 to prevent overlooking of 2/26 Swindon Road.

d) Provision of a fixed louvered screen to a height of 1.7m above finished floor level of north facing bedroom windows of apartment 1.04, 2.04 and 3.07.

e) The provision of an east facing window to the bedroom of apartment 1.03 and 2.03.

f) The provision of a freestanding trellis fence extension to a height of 1.7m above finished floor level along the common boundary adjacent to the adjoining the adjoining secluded private open spaces areas at 1/26 and 2/26 Swindon Road.

g) Obscure glazing to ground level habitable room widows adjacent to 1/26 and 2/26 Swindon Road deleted.

h) Provision of planting including canopy tree provision where feasible within courtyard spaces adjacent to the southern western boundary.

i) The basement entry ramp to include a flood proof apex to the satisfaction of Council’s Engineering Division.

j) Notation to specify the basement must be appropriately waterproofed having regard to overland flows to the satisfaction of Council’s Engineering Division.

k) Notation to electrical equipment appropriately protected/ waterproofed having regard to potential flooding from overland flows.

2. The development as shown on the endorsed plans must not be altered without the

written consent of the Responsible Authority. 3. Once the development has started it must be continued and completed to the

satisfaction of the Responsible Authority.


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19 4. Prior to the commencement of works on the site, the owner shall prepare a Waste

Management Plan for the collection and disposal of garbage and recyclables for all uses on the site by private contractor. The Waste Management Plan shall provide for: a) The collection of garbage, recyclables and green waste across the site by private

contractor; b) Designation of methods of collection including the utilisation of private services; c) Appropriate areas of bin storage on site and areas for bin storage on collection

days; d) Measures to minimise the impact upon local amenity and on the operation,

management and maintenance of car parking areas; e) Litter management.

A copy of this plan must be submitted to Council for endorsement. Once endorsed the plan will form part of the permit.

5. No goods must be stored or left exposed outside the building so as to be visible from

any public road or thoroughfare. 6. No bin or receptacle or any form of rubbish or refuse shall be allowed to remain in

view of the public and no odour shall be emitted from any receptacle so as to cause offence to persons outside the land.

7. Adequate provision shall be made for the storage and collection of garbage and other

solid wastes and these facilities are to be located on the site to the satisfaction of the Responsible Authority.

8. Before the development starts, a construction management plan must be prepared

and submitted to the Responsible Authority for approval. The plan must be to the satisfaction of the Responsible Authority. Once approved, the plan must be implemented to the satisfaction of the Responsible Authority. The plan must address the following issues: a) measures to control noise, dust and water runoff; b) prevention of silt or other pollutants from entering into the Council’s

underground drainage system or road network; c) the location of where building materials are to be kept during construction; d) site security; e) maintenance of safe movements of vehicles to and from the site during the

construction phase; f) on-site parking of vehicles associated with construction of the development; g) wash down areas for trucks and vehicles associated with construction activities; h) cleaning and maintaining surrounding road surfaces; i) a requirement that construction works must only be carried out during the

following hours: • Monday to Friday (inclusive) – 7.00am to 6.00pm;


27 JANUARY 2016

20 • Saturday – 9.00am to 1.00pm; • Saturday – 1.00pm to 5.00pm (Only activities associated with the erection

of buildings. This does not include excavation or the use of heavy machinery.)

9. The construction works associated with the use/development and/or subdivision

hereby permitted must only be carried out during the following hours: • Monday to Friday (inclusive) – 7:00am to 6pm; • Saturday – 9am to 1pm; • Saturday – 1pm to 5pm (Only activities associated with the erection of buildings.

This does not include excavation or the use of heavy machinery);

Unless otherwise approved in writing by the Responsible Authority. 10. No equipment, services, architectural features or structures of any kind, including

telecommunication facilities, other than those shown on the endorsed plans shall be permitted above the roof level of the building unless otherwise agreed to in writing by the Responsible Authority.

11. Disabled access to the building must be provided to the satisfaction of the Responsible

Authority. All work carried out to provide disabled access must be constructed in accordance with Australian Standards Design for Access and Mobility AS 1428.1.

12. All common boundary fences are to be a minimum of 1.8 metres above the finished

ground level to the satisfaction of the Responsible Authority. The fence heights must be measured above the highest point on the subject or adjoining site, within 3 metres of the fence line.

13. A landscape plan prepared by a Landscape Architect or a suitably qualified or

experienced landscape designer, drawn to scale and dimensioned must be submitted to and approved by the Responsible Authority prior to the commencement of any works. The plan must show the proposed landscape treatment of the site including:-

• provision of canopy trees with spreading crowns where appropriate;

• planting to soften the appearance of hard surface areas such as driveways and other paved areas;

• a schedule of all proposed trees, shrubs and ground cover, which will include the size of all plants (at planting and at maturity), their location, botanical names and the location of all areas to be covered by grass, lawn, mulch or other surface material;

• the location and details of all fencing;

• the extent of any cut, fill, embankments or retaining walls associated with the landscape treatment of the site;

• details of all proposed hard surface materials including pathways, patio or decked areas.


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21 When approved the plan will be endorsed and will then form part of the permit.

14. Before the occupation of the buildings allowed by this permit, landscaping works as

shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority.

15. Before the development permitted is completed, areas set aside for parked vehicles

and access lanes 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.

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

16. Before the development starts, a site layout plan drawn to scale and dimensioned must be approved by the Responsible Authority.

The plans must show a drainage scheme providing for the collection of stormwater within the site and for the conveying of the stormwater to the nominated point of discharge.

The nominated point of discharge is the south-east corner of the property where the entire site’s stormwater must be collected and free drained via a pipe to the 225mm Council drain along Warrigal Road via a 900 x 600mm junction pit to be constructed to Council Standards.

If the point of discharge cannot be located then notify Council’s Engineering Division immediately.

17. Stormwater discharge is to be detained on site to the predevelopment level of peak stormwater discharge. Approval of any detention system is required by the City of Monash, the Responsible Authority, prior to works commencing.

Note: A drainage contribution may be accepted in lieu of the installation of the detention system.

18. All on-site stormwater is to be collected from hard surface areas and must not be

allowed to flow uncontrolled into adjoining properties. The on-site drainage system must prevent discharge from driveways onto the footpath. Such a system may include either: a) trench grates (150mm minimum internal width) located within the property;

and/or


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22 b) shaping the driveway so that water is collected in a grated pit on the property:

and/or c) another Council approved equivalent

Conditions 19 & 20 required by VicRoads (Ref: 05550/12) 19. Before the development starts, amended plans must be submitted to and approved by

VicRoads. When approved by VicRoads, the plans may be endorsed by the Responsible Authority and will then form part of the permit. The plans must be drawn to scale with dimensions and two copies must be provided. The plans must be generally in accordance with the submitted plans (Town Planning Drawings Prepared by KHAK Pty Ltd., Job Number K070) but modified to show: a) The entire development contained wholly within the property boundaries and

outside of land affected by the Public Acquisition Overlay (PAO). b) No part of the building or other permanent structures (including domestic water

metres) located on, under or over Warrigal Road road reserve and land affected by the PAO.

c) No alteration to level of land affected by the PAO as part of this development d) Any redundant vehicle crossover(s) on Warrigal Road reinstated to kerb and

Channel. 20. All disused or redundant vehicle crossings must be removed and the area reinstated to

kerb and channel to the satisfaction of the Responsible Authority prior to the commencement of the use and occupation of the buildings hereby approved.

Condition 21 required by Public Transport Victoria (ref: DOPT2012/0389) 21. The permit holder must take all reasonable steps to ensure that disruption to bus

operation along Warrigal Road is kept to a minimum during construction of the development. Foreseen disruptions to bus operations and mitigation measures must be communicated to Public Transport Victoria fourteen days (14) prior.

22. This permit will expire in accordance with section 68 of the Planning and Environment

Act 1987, if one of the following circumstances applies: • The development is not started before 19 April 2017. • The development is not completed before 19 April 2019. 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.

NOTES- 1. Building approval must be obtained prior to the commencement of the above

approved works. 2. Unless no permit is required under the planning scheme, no sign must be constructed

or displayed without a further permit.


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23 3. Building Permit approval for this development must take into consideration the

location of future subdivision boundaries and their compliance with the Fire Separation Provisions of the Building Code of Australia, including Separating Walls and Openings near Boundaries, as well as the requirements of the Building Regulations.

4. Any new drainage connections onto a Council easement drain/work within the road

reserve requires the approval of the City of Monash’s Engineering Division prior to the works commencing. Three copies of the plans (A3-A1 size) for the drainage works must be submitted to and approved by the Engineering Division. The plans are to show sufficient information to determine that the drainage works will meet all drainage conditions of the permit.

5. Engineering permits must be obtained for new or altered vehicle crossings and for connections to Councils drains / Council pits / kerb & channel and these works are to be inspected by Council (telephone 9518 3690).

6. Stormwater detention requirements may be obtained from Council’s Engineering Department prior to the design of any stormwater detention system.

7. An on site detention system for storm events up to the 1% AEP event to be retained on site for the basement carpark.

8. A Licensed Surveyor or Civil Engineer (who is a Registered Building Practitioner) must certify that the stormwater detention system including all levels, pits, pipes and storage volumes is constructed in accordance with the approved plans. The certifier’s registration number must be included on the certificate.

In response to a question from Cr Pontikis, the Director City Development advised that 28 Swindon Avenue was included in the project but was identified by its Warrigal Road address. The Mayor noted that the revised car parking layout had provided for 3 extra parking spaces.

CARRIED 4.7 Town Planning Schedules Moved Cr Paterson, Seconded Cr Drieberg

That the report containing the Town Planning Schedules be noted.

CARRIED 5. CHIEF EXECUTIVE OFFICER’S REPORTS 5.1 Assembly of Councillors Record


27 JANUARY 2016

24 Moved Cr Paterson, Seconded Cr Little

That Council notes the Assembly of Council records submitted as part of the requirements of the Local Government Act 1989.

CARRIED 5.2 Council Representation On Organisations/Committees

Moved Cr Little, Seconded Cr Paterson

That Council appoints the Council representatives to the various organisations and committees for 2016. Cr Drieberg noted that after discussion with the Committee, the Disability Consultative Committee had changed its name to the Disability Advisory Committee, to more accurately reflect its role with the Council. Cr Drieberg thanked Councillors for their support for this change. The Mayor thanked Cr Drieberg for her significant contribution to the work of the Advisory Committee.

CARRIED 5.3 Local Law No.2 – Administrative Procedures (Use of Common Seal)

Moved Cr Klisaris, Seconded Cr Paterson

That Council resolves:

a) that it proposes to make Administrative Procedures (Use of the Common Seal) Local Law No.2, as attached to this report;

b) to give notice in the Victorian Government Gazette and the local newspapers of the proposed local law and call for submissions, in accordance with Section 223 of the Local Government Act 1989 on the proposed local law; and

c) to appoint a Committee of Council comprising all Councillors to consider any submissions received in relation to the proposed local law in accordance with the provisions of Section 223 of the Local Government Act 1989, at 7.30 pm on Tuesday 22 March 2016 at the Council’s Civic Centre.

CARRIED 6. COMMITTEE REPORTS 6.1 Audit and Risk Committee Minutes


27 JANUARY 2016

25 Moved Cr Paterson, Seconded Cr Drieberg

That Council:

1. Accepts the unconfirmed minutes of the 8 December 2015 Audit & Risk Committee (the Committee); and

2. Notes that the minutes will be signed by the Chair of the Committee at the next Committee meeting, and any changes to the unconfirmed minutes will be reported to the next Council meeting.

CARRIED 7. NOTICES OF MOTION

7.1 Discretionary Fund Applications

NOTE: Cr Davies disclosed a conflict of interest as he is the Chairman of a Bendigo Bank franchisee, located in Pinewood. Cr Davies left the meeting at 8.15 pm prior to the Council commencing consideration of the item and returned at 8.28pm, after the vote on the item had been concluded.

Moved Cr Nolan, Seconded Cr Klisaris

That the following applications for Discretionary Funding be approved:

APPLICANT PURPOSE AMOUNT RECOMMENDED

Monash Greek Macedonian Elderly Citizens Club Inc.

Donation towards bus hire charge and member lunch for club anniversary

$510

Sankat Mochan Samiti Inc.

Donation towards costs of festival

$1,000

Child Wise Ltd Hall hire charges $95.50 Bendigo Bank Glen Waverley Branch

Donation towards charity event

$100

JET Australia Foundation Ltd

Hall hire charges $685 GST Excl.

Cr Zographos said that he would not be supporting the motion. One applicant recommended for funding, Sankat Mochan Samiti Inc. had received funding under the Community Grants Program and considered that, in principle, that process should not be undermined. He also said that he was not familiar with the JET organisation. Cr Paterson said that she disagreed with funding for the Bendigo Bank Glen Waverley Branch, as the bank had the financial capacity to contribute to charities as it saw fit.


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26 Cr Lake said that this was a Discretionary Fund which had funded a range of activities in the past, such as a bicycle for the Oakleigh Police Station. The fund was unburdened by any criteria but applications still received close and careful consideration by the Council. Decisions to support applications were never made flippantly. In response to Cr Zographos’ comments, Cr Lake said that he was not familiar with the first applicant, but he was familiar with the Jet Australia Foundation as both he and Cr Klisaris had attended their events. It was an organisation based in the Indian community that had been active for many years in charity work. In regard to the Bendigo Bank, Cr Lake pointed out that the proposed donation was to the team of staff members at the Glen Waverley Branch of the bank who had decided to raise money for a charity fighting cancer. The team had raised $340 to date and the proposed donation of $10 from the Council would go directly to adding to that amount raised.

CARRIED

DIVISION A Division was called For: Crs Drieberg, Klisaris, Lake, Little, Lo, Nolan, Paterson, Perri and Pontikis Against: Cr Zographos

7.2 Recording and Streaming of Council Meetings Moved Cr Davies, Seconded Cr Zographos

That Council Further to clause 38.1 of the Local Law, Council authorises the CEO to audio record all Ordinary Meetings of Council up and until the Local Law is next reviewed. This will commence from the next Council meeting (February 2016) Authorises the CEO to investigate video recording technology and make a recommendation to Council within 60 days on a solution for video recording and live-streaming of Council Meetings. Authorises the Audio and Video to be released to the public live during Council meetings and make recordings available on the Monash Council website following the meetings. Cr Davies said that recording Council meetings was common in Victorian Councils, noting that the Cities of Kingston and Greater Dandenong streamed theirs and Melbourne and recorded theirs and Casey was examining streaming. He said that it was important to provide this facility as some members of the community wanted to but were unable to attend Council meetings. Such a facility would increase engagement, improve minute taking and improve accountability. Cr


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27 Davies noted that the other two levels of government recorded their sessions. He added that in the past the Council has not been prepared to move in this direction and what happened at the 15 December 2015 Council meeting can be addressed. Cr Zographos said that it was timely to move to this format. He said that from time to time, behaviour in the Council Chamber has been wanting. Technology can be implemented cheaply and conveniently. He said that he could download applications and record and send material via his mobile phone. He added that the community would greatly benefit from this. Cr Zographos said that Councillors may not want to be held accountable. Minutes (taken by hand) may not reflect the complete situation in a Council meeting. Video recordings cannot hide behaviour. Cr Zographos said that the proposal was for audio recording of Council meetings, with other formats to be considered later. He said this was about democracy. Cr Paterson said that she supported the recording of Council meetings and had done so, on two previous occasions, the last being at the February 2015 Council meeting, where the Council agreed to include a review of the recording of Council meetings as part of the scheduled review of its Meeting Procedures Local Law No.1. So, such a consideration will automatically be made, at that time. Cr Paterson said that the Council owed it to the community to examine the use of the most appropriate technology. Cr Lake said that he agreed with Cr Paterson. He said that a recording may as well be a webcast, with hyperlinks to each item on the agenda, for the convenience of those viewing it. He noted that that would cost a considerable amount of money and that most Councils in Victoria did not record or webcast their meetings. Those that did were paying a considerable amount of money to set up their systems and on-going costs. Cr Lake said that there were a range of issues and costs to consider and it would be much better to review best practice and thoroughly investigate the services and their advantages and disadvantages. Cr Lake said that no Councillor shied away from accountability. Members of the press were commonly present at Council meetings, to hold Council and Councillors to account, as often were members of the Monash Ratepayers Association and others. He said that Councillors sometimes got carried away with what was important and did not believe that people were that interested in what happened in the Council Chamber. But they were interested in the decisions made by the Council, how their rates were accounted for and the quality of services provided. He said that that was where Council’s focus needed to be. The Mayor said that in February 2015 she moved a motion regarding, in part, the recording of Council meetings, which had been triggered by the concerns expressed by residents who were trying to engage with the Council. Although the issued had been considered by the Council 12 months previously, she had not been on the Council at that time. The matter was thoroughly dealt with at the February 2015 Council meeting and expects that the matter will be included in the 2017 review of the meeting procedures local law. The Mayor added that video


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28 recordings did not change behaviour in the long term, as evidenced by the use of CCTV cameras to deter criminal acts. RIGHT OF REPLY Cr Davies said that all the motion was seeking was a recording of Council meetings with the matter of video recording and live streaming to be the subject of a further report to Council. He said that it was difficult for some people to get to Council meetings and the recordings would benefit such people. Cr Davies said that the Council was currently hiding from the public.

LOST DVISION A Division was called. For: Crs Davies, Pontikis and Zographos Against: Crs Drieberg, Klisaris, Lake, Little, Lo, Nolan, Paterson and Perri

8. URGENT BUSINESS Cr Zographos sought to introduce an Item of Urgent Business. He said that the item was: That the matter relating to the Sky Rail proposal for the level crossing removals at Clayton Road and Centre Road Clayton and Poath Rd Hughesdale and the subsequent community concern arising from this decision be admitted as an item of Urgent Business. He said that this was the first meeting that the Council was able to address this matter. POINT OF ORDER Cr Lake called a Point of Order saying that Clause 19 of the Meeting Procedures local law required a Procedural Motion to the be moved to admit an Item as Urgent Business. The Mayor advised that she would permit Cr Zographos to provide the Council with an explanation as to why the matter should be admitted as Urgent Business. Cr Zographos commenced his explanation. POINT OF ORDER Cr Lake advised that he would be moving a Procedural Motion to adjourn the meeting to allow him to seek advice as to whether he had a possible conflict of interest.


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29 PROCEDURAL MOTION Moved Cr Lake Seconded Cr Klisaris That the meeting be adjourned for 10 minutes.

CARRIED

A Division was called For: Crs Drieberg, Klisaris, Lake, Little, Lo, Nolan, Paterson, Perri and Pontikis Against: Crs Zographos and Davies The meeting was adjourned at 9.00 pm RESUMPTION OF MEETING The meeting resumed at 9.10 pm. Cr Lake said that it was not clear to him if he did have a conflict of interest, as this item had been raised spontaneously and he had not had to the opportunity to properly consider his position. He said that he had a property that was in the vicinity of Hughesdale railway station and therefore was erring on the side of caution by declaring an interest in the item as he could potentially have an indirect interest in that his residential amenity may potentially be affected. Cr Lake left the Chamber at 9.11 pm, prior to Council’s consideration of any motion on this matter. Cr Zographos continued with his explanation that this was the first meeting that the Council would have an opportunity to consider the State Government’s proposal and the Government was proposing to enter into a formal agreement in February, regarding the proposal. Moved Cr Zographos Seconded Cr Davies That the matter relating to the Sky Rail proposal for the level crossing removals at Clayton Road and Centre Road Clayton and Poath Road Hughesdale and the subsequent community concern arising from this decision be admitted as an item of Urgent Business.

LOST

For: Crs Davies and Zographos Against: Crs Drieberg, Klisaris, Little, Lo, Nolan, Paterson. Pontikis, Perri


27 JANUARY 2016

30 Cr Lake returned to the Chamber at 9.15 pm, at the conclusion of the vote on this item.

9. COUNCILLORS’ REPORTS

9.1 Cr Drieberg advised the Council of her attendance at the “Sounds of Summer” concert on 23 January 2016, Lakeside at the MGA, which was well attended, despite it raining most of the day.

Cr Drieberg thanked her Councillor colleagues for endorsing the Committee memberships under Item 5.2 of this meeting’s agenda and and said that she was looking forward to working with the Monash Young Persons Reference Group.

9.2 Cr Davies said that he supported the events calendar and had attended the “Sounds of

Summer” concert at the MGA. He said that it was a great event at a great location. But the Council needed to make some extra effort in promoting and marketing its events to attract more people.

10. PERSONAL EXPLANATIONS Nil

11. MATTERS OF COUNCIL IMPORTANCE Nil

12. CONFIDENTIAL BUSINESS Moved Cr Lake, Seconded Cr Klisaris That, as there are items that are considered to be matters that may prejudice the Council and that the meeting be closed to the public in accordance with Section 89(2) of the Local Government Act 1989.

CARRIED RETURN TO OPEN COUNCIL The Council returned to open Council at 9.43 pm.


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31

The Mayor declared the meeting closed at 9.44 pm

MAYOR: ......................................…………

DATED THIS ............................... DAY OF ............................... 2016


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32 PUBLIC QUESTION TIME

Question from Emma Hand Regarding the proposal for 89-93 Atherton Road, the Town Planning recommendation states that the siting of the development results in no need for excessive screening to prevent overlooking both within the development and to the adjoining properties. I’d challenge that the assertion that the siting does not overlook adjoining properties, even if it was to be reduced in scale, therefore would like an assurance that screening for future proposals be set at a minimum of 170cm for all windows and balconies facing properties to the West, North and East of the site. Please advise how this will be achieved? Thank you for your question. Clause 55 of the Planning Scheme otherwise known as Rescode identifies when habitable room windows and balconies require screening. The standard seeks to limit direct views within a 9 metre horizontal distance on a 45 degree angle. Any views to a rear yard or habitable room window within this area may require screening. The officer’s report is an assessment of the application that Council is considering tonight. The windows and balconies that are not screened do not offer a direct view into a rear yard or habitable room window as defined by the Rescode standard and would not require screening. In other words, windows and balconies which are setback further than 9 metres from the adjoining open space areas are not required to be screened. A separate assessment that is undertaken is on the internal amenity of the development itself. The need to not screen certain windows and balconies given their compliance with the standard has in turn meant that the internal amenity of the development has not been compromised by screening. Should a new application be lodged, a new assessment of that proposal including of overlooking would be undertaken. If that proposal does not propose adequate screening, conditions can be imposed. There is unfortunately no blanket ability to require that all windows must be screened.


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33 Question from Scott Brydon Regarding proposed Atkinson Street car park: What action will the council take to ensure the safety of small children in the single lane laneway to the northern end of Palmerston Grove given the increased volume of cars entering to enter the Car park from Palmerston Grove? Will the council consider restricting all car movements into or out of the new car park from Palmerston Grove to ensure public safety? Thank you for your question. If the Atkinson street car park is constructed, it is expected that the majority of cars would mainly enter and exit the car park from Atkinson Street. They will also have an ability to enter and exit at the southern or commercial end of Palmerston Grove and only head south toward Atherton Road. It is not envisaged, that vehicles would need to use the laneway and the northern end of Palmerston Grove to enter or exit the car park. Recommendation 5 and page 10 of the report recommends consideration of a further budget allocation for traffic works in Palmerston Grove. These are aimed at further discouraging traffic from the residential part of Palmerston Grove. The access to Palmerston Grove is considered important to the functioning of the car park, and can be appropriately managed.

MINUTES OF THE ORDINARY MEETING OF COUNCIL ...MINUTES OF THE ORDINARY MEETING OF THE MONASH CITY COUNCIL HELD ON 27 JANUARY 2016 3 1. Notes the outcome of the Community Consultation

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