Minutes Of Planning & Amenity Committee Meeting - 15 00

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Planning and AmenityDelegated Committee MeetingCouncil ChamberCivic Centre – Boxshall Street BrightonTuesday 15 December 2020at 6:30pmMinutes

Bayside City CouncilPlanning and Amenity Delegated Committee Meeting - 15 December 2020PRESENT:Chair:Cr Alex del PortoCouncillors:Cr Laurence Evans OAM (Mayor)Cr Sonia Castelli (Deputy Mayor)Cr Hanna El MouallemCr Clarke MartinCr Jo Samuel-King MBBSCr Fiona StitfoldOfficers:Hamish Reid – Director City Planning and AmenityTerry Callant – Manager Governance and Corporate ReportingMatthew Cripps – Manager Development ServicesRobert Lamb – Governance OfficerPage No. 2

Bayside City CouncilPlanning and Amenity Delegated Committee Meeting - 15 December 2020Table of Contents1.Apologies2.Disclosure of any Conflict of Interest of any Councillor3.Adoption and Confirmation of the minutes of previous meeting4.Matters of Decision4.1422 New Street, Brighton Notice of Decision to Grant anAmendment to a Permit Application: 2017/546/3 Ward: Dendy . 64.25 Stanley Street, Brighton Notice of Decision to Grant a PermitApplication No: 2020/306/1 Ward: Bleazby . 114.318 Alford Street, Brighton East Notice of Decision to Grant aPermit Application No: 2020/363/1 Ward: Bleazby . 134.42 Canberra Grove, Beaumaris Notice of Decision to Grant a PermitApplication No: 2020/96/1 Ward: Beckett . 184.540 Bluff Road, Black Rock Notice of Decision to Grant a PermitApplication No: 2020/399/1 Ward: Ebden . 234.61 Keith Street Hampton East Notice of Decision to Grant a PermitApplication No: 2020/473/1 Ward: Ivison . 244.71 Correa Avenue, Cheltenham Support the Grant of a Permit(VCAT Consent Order) Application No: 2020/121/1 Ward:Ebden . 334.8389, 391, 393D and 395 Bay Street, Brighton Support the Grant ofa Permit (VCAT Consent Order) Application No: 2019/711/1Ward: Bleazby Ward . 394.918 Ocean Street, Hampton Support the Grant of a PermitApplication No: 2019/708/1 Ward: Boyd . 484.10 Statutory Planning - VCAT Report (November 2020) . 555.Confidential BusinessPage No. 3

Bayside City CouncilPlanning and Amenity Delegated Committee Meeting - 15 December 2020The Chair declared the meeting open at 6:30pm and advised that the Planning and AmenityDelegated Committee meeting is being streamed live on the internet to ensure the communitycontinues to have ongoing access to Council debate and the decision-making process.The Chair noted that due to the ongoing COVID-19 pandemic, temporary changes to thePlanning and Amenity Delegated Committee meeting procedures are in place with regard toChapter 2, Division 10 of Council’s Governance Rules 2020 (Individual Presentations),whereby: in place of speaking in-person at a Council / Committee meeting, members of the public maysubmit a written statement which must be sent electronically, or delivered to Council's CorporateCentre, by 9:00am on the day of the meeting written statements received after 9:00am on the day of the meeting will not be considered bythe meeting a person may only make a written statement to an Ordinary Meeting/Special CommitteeMeeting in relation to an item listed in the agenda under Reports by the Organisation, and eventhen not if the item is in the nature of a report summarising a decision already made by anotherbody; or if the report relates to a Tender Report relating to the awarding of a contract in accordance with Chapter 2, Section 83(1) of Council’s Governance Rules 2020, anystatement which is derogatory, or defamatory of any Councillor, member of Council staff, ormember of the community may not be accepted where a person has formally made a written statement in relation to an item on the agenda, thestatement will be provided to all councillors in advance of the meeting written statements are not confidential and, following the closure for receipt of statements, willbe published (including first and last names only) on Council’s website as an attachment to theAgenda for the relevant meeting written statements will not be read out at the meeting; however, the Chairperson will advise themeeting of the number of statements received to each item.1.ApologiesThere were no apologies submitted to the meeting.2.Disclosure of any Conflict of Interest of any CouncillorCr Samuel-King declared a general conflict of interest in Item 4.1 – 422 New Street,Brighton, given the proposed planning application will have a direct impact on herproperty.Page No. 4

Bayside City CouncilPlanning and Amenity Delegated Committee Meeting - 15 December 2020Procedural MotionMoved: Cr MartinSeconded: Cr EvansThat the Planning and Amenity Delegated Committee:1.considers the meeting to be adjourned for 10 minutes from the commencement of anytechnical problem which prevents Council from livestreaming the meeting; and2.adjourns the meeting to be reconvened on Wednesday 16 December 2020 at 6:30pmvia livestreaming on Council’s website, in the event livestreaming cannot be resumedwithin 30 minutes from the commencement of the technical problem which preventslivestreaming on Council’s website.CARRIED3.Adoption and Confirmation of the minutes of previous meeting3.1Confirmation of the Minutes of the Planning and Amenity Delegated CommitteeMeeting held on 1 December 2020.Moved: Cr Evans OAM (Mayor)Seconded: Cr Castelli (Deputy Mayor)That the minutes of the Planning and Amenity Delegated Committee Meeting held on 1December 2020, as previously circulated, be confirmed as an accurate record ofproceedings.CARRIEDPage No. 5

Bayside City Council4.4.1Planning and Amenity Delegated Committee Meeting - 15 December 2020Matters of Decision422 NEW STREET, BRIGHTONNOTICE OF DECISION TO GRANT AN AMENDMENT TO A PERMITAPPLICATION: 2017/546/3 WARD: DENDYCity Planning and Amenity - Development ServicesFile No: PSF/20/10 – Doc No: DOC/20/356054It is recorded that Mr James Morrissy and Mr Henry Johnstone each submitted a writtenstatement in relation to this item.It is recorded that Cr Samuel-King declared a general conflict of interest in this item. CrSamuel-King left the meeting at 6:35pm.Moved: Cr El MouallemSeconded: Cr Evans OAM (Mayor)That Council resolves to issue a Notice of Decision to Grant an Amendment to a Permitunder the provisions of the Bayside Planning Scheme in respect of planningapplication 2017/546/3 for the land known and described as 422 New Street, Brighton,for the construction of a four (4) storey building containing a shop and five (5)apartments and a reduction in car parking requirements in accordance with theendorsed plans and subject to the following conditions from the standard conditions:1.Before development starts, amended plans to the satisfaction of the ResponsibleAuthority 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 beprovided. The plans must be generally in accordance with the plans A050, A100Rev 2, A101 8, A103, A104, A105 Rev 9, A110 Rev 9, A151 Rev 9, A152 Rev9, A155 Rev 3 (advertised) drawn by Mckimm dated 21 August 2020 butmodified to show:a)deletedb)installation of a traffic light signal on the ground floor on the southernboundary wallc)installation of a convex mirror at the Right-of-Way (ROW) bend to improvesight lines to the ROW (subject to the approval of the ResponsibleAuthority)d)the 1:4 section of the ramp accessing the carpark lengthened to 11.59metrese)a revised Waste Management Plan in accordance with Condition 14f)a revised Landscape Plan in accordance with Condition 8g)Water Sensitive Urban Design measures in accordance with Condition 9h)provision of the development contributions fee in accordance withCondition 12.2.The use and development as shown on the endorsed plans must not be alteredwithout the written consent of the Responsible Authority.3.Before the development starts, a schedule of construction materials, externalPage No. 6

Bayside City CouncilPlanning and Amenity Delegated Committee Meeting - 15 December 2020finishes and colours (incorporating paint samples) to the satisfaction of theResponsible Authority must be submitted to and approved by the ResponsibleAuthority. When approved, the schedule will be endorsed and will then form partof the permit.4.All pipes, fixtures, fittings and vents servicing any building on the site must beconcealed in service ducts or otherwise hidden from view to the satisfaction ofthe Responsible Authority.5.No plant, equipment, services or architectural features other than those shownon the endorsed plans are permitted above the roof level of the building withoutthe written consent of the Responsible Authority.6.The walls on the boundaries of the adjoining properties shall be cleaned andfinished to the satisfaction of the Responsible Authority.7.Before the use or occupation of the development starts, the areas set aside forthe parking of vehicles and access lanes as shown on the endorsed plans mustbe:a)constructedb)properly formed to such levels that they can be used in accordance withthe plansc)surfaced with an all-weather-seal coatd)drainede)line marked to indicate each car spaceall to the satisfaction of the Responsible Authority.Car spaces must be kept available for these purposes at all times.8.Before the development starts, a detailed Landscape Plan to the satisfaction ofthe Responsible Authority must be submitted to and endorsed by theResponsible Authority. The plan must generally be in accordance with theconcept landscape plan drawn by John Patrick Landscape Architects Pty Ltdreference 17-0573 dated August 2017.9.Before the commencement of works, detailed plans to the satisfaction of theResponsible Authority must be submitted to and be approved by the ResponsibleAuthority. When approved, the plans will be endorsed and will then form part ofthe permit. The plans must be drawn to scale with dimensions and three copiesmust be provided. The plans must be in accordance with the guidelines outlinedin Clause 22.08 of the Bayside Planning Scheme and must show:a)the type of water sensitive urban design stormwater treatment measuresto be usedb)the location of the water sensitive urban design stormwater treatmentmeasures in relation to buildings, sealed surfaces and landscaping areasc)design details of the water sensitive urban design stormwater treatmentmeasures, including cross sections.These plans must be accompanied by a report from an industry acceptedperformance measurement tool, which details the treatment performanceachieved and demonstrates the level of compliance with the Urban StormwaterBest Practice Environmental Management Guidelines, CSIRO 1999.The water sensitive urban design stormwater treatment system as shown on theendorsed plan must be retained and maintained at all times in accordance withPage No. 7

Bayside City CouncilPlanning and Amenity Delegated Committee Meeting - 15 December 2020the Urban Stormwater - Best Practice Environmental Management Guidelines,CSIRO 1999, to the satisfaction of the Responsible Authority.10.Before the development starts, the permit holder must apply to Council for theLegal Point of Discharge for the development from where storm-water is drainedunder gravity to the Council network.11.Before the development, detailed plans indicating, but not limited to, the methodof storm-water discharge to the nominated Legal Point of Discharge (and OnSite Detention System where applicable) must be submitted to and approved byCouncil’s Infrastructure Assets Department.12.Prior to endorsement of the plans required under Condition 1 of this permit, thepermit holder must pay a drainage levy in accordance with the amount specifiedunder the Bayside Drainage Development Contributions Plan. The levy amountpayable will be adjusted to include the Building Price Index applicable at the timeof payment.The levy payment shall be submitted to Council with the Bayside DrainageDevelopment Levy Charge Sheet and it must include the Building Price Indexapplicable at the time of payment.13.14.The commercial uses must be managed so that the amenity of the area is notdetrimentally affected through:a)transport of materials, goods or commodities to or from the landb)appearance of any building, works or materialsc)emission of noise, artificial light, vibration, smell, fumes, smoke, vapour,steam, soot, ash, dust, waste water, waste products, grit or oild)presence of vermin.Before the endorsement of plans, a Waste Management Plan must be submittedto and approved by the Responsible Authority. The Waste Management Planmust clearly indicate that waste collection is to be via a private contractor, notCouncil, and include:a)dimensions of storage waste areasb)storm water drains in storage areas should be fitted with a litter trapc)the number and size of bins to be providedd)facilities for bin cleaninge)method of waste and recyclables collectionf)types of waste for collection, including colour coding and labelling of binsg)hours of waste and recyclables collection (to correspond with CouncilLocal Laws and EPA Noise Guidelines)h)method of hard waste collectioni)method of presentation of bins for waste collectionj)sufficient headroom within the basement to accommodate waste collectionvehicles, if waste is collected from within the subject sitek)sufficient turning circles for the waste collection vehicles to enter and exitthe site in a forward directionl)strategies for how the generation of waste and recyclables will beminimisedPage No. 8

Bayside City Councilm)Planning and Amenity Delegated Committee Meeting - 15 December 2020compliance with relevant policy, legislation and guidelines.When approved, the plan will be endorsed and will then form part of the permit.Waste collection from the development must be in accordance with the plan, tothe satisfaction of the Responsible Authority.15.Before the commencement of works, a Construction Management Plan (CMP),to the satisfaction of the Responsible Authority, must be submitted to andapproved by the Responsible Authority. When approved, the plan will beendorsed and will then form part of the permit and shall thereafter be compliedwith. The CMP must specify and deal with, but not be limited to the following asapplicable:a)a detailed schedule of works including a full project timingb)a traffic management plan for the site, including when or whether anyaccess points would be required to be blocked, an outline of requests tooccupy public footpaths or roads, or anticipated disruptions to localservices, preferred routes for trucks delivering to the site,queuing/sequencing, excavation and swept-path diagramsc)the location for the parking of all construction vehicles and constructionworker vehicles during constructiond)delivery of materials including times for loading/unloading, unloadingpoints, expected frequency and details of where materials will be storedand how concrete pours would be managede)proposed traffic management signage indicating any inconveniencegenerated by constructionf)fully detailed plan indicating where construction hoardings would belocatedg)a Waste Management Plan including the containment of waste on site:disposal of waste, stormwater treatment and on-site facilities for vehiclewashingh)containment of dust, dirt and mud within the site and method andfrequency of clean up procedures in the event of build-up of matter outsidethe sitei)site securityj)public safety measuresk)construction times, noise and vibration controlsl)restoration of any Council assets removed and/or damaged duringconstructionm)protection works necessary to road and other infrastructure (limited to anarea reasonable proximate to the site)n)remediation of any damage to road and other infrastructure (limited to anarea reasonably proximate to the site)o)an emergency contact that is available for 24 hours per day for residentsand the Responsible Authority in the event of relevant queries or problemsexperiencep)traffic management measures to comply with provisions of AS 1742.32009 Manual of uniform traffic control devices – Part 3: Traffic controldevices for works on roadsPage No. 9

Bayside City CouncilPlanning and Amenity Delegated Committee Meeting - 15 December 2020q)all contractors associated with the construction of the development mustbe made aware of the requirements of the Construction Management Planr)details of crane activities, if any.16.All external plant and equipment must be acoustically treated or placed insoundproof housing to reduce noise to a level satisfactory to the ResponsibleAuthority.17.Before a sensitive use commences or before the construction or carrying out ofbuildings and works in association with a sensitive use commences, either:a)a Certificate of Environmental Audit must be issued for the land inaccordance with Part IXD of the Environment Protection Act 1970, orb)an Environmental Auditor appointed under the Environment Protection Act1970 must make a statement in accordance with Part IXD of that Act thatthe environmental conditions of the land are suitable for the sensitive useunless otherwise agreed in writing by the Responsible Authority.18.This permit will expire if one of the following circumstances applies:a)the development is not started within two years of the date of this permitb)the development is not completed within four years of the date of thispermit.In accordance with Section 69 of the Planning and Environment Act 1987, arequest may be submitted to the Responsible Authority within the prescribedtimeframes for an extension of the periods referred to in this condition.Permit NotesDate15December2020DetailsAmendment to the permit under Section 72 of the Planning and EnvironmentAct 1987 to: alterations to apartment 5 comprising:o reduction of rear third floor setback from 18.9 metres to 14.9 metresto accommodate gymo addition of rear third floor terrace with a setback of 12 metreso extension to second floor stairwell. alterations to waste storage arrangements internal layout alterations external alterations comprising:o alterations to windows, doors and skylightso replacement of ground floor roller door with highlight windowso alterations to and addition of planter boxeso replacement of external metal cladding areas with concrete and bricko replacement of first floor timber screening with brick and addition ofautomatic vertical louvres to apartment 5.CARRIEDIt is recorded that Cr Samuel-King was not present in the meeting when the above item wasconsidered or when the vote was taken.Page No. 10

Bayside City Council4.2Planning and Amenity Delegated Committee Meeting - 15 December 20205 STANLEY STREET, BRIGHTONNOTICE OF DECISION TO GRANT A PERMITAPPLICATION NO: 2020/306/1 WARD: BLEAZBYCity Planning and Amenity - Development ServicesFile No: PSF/20/10 – Doc No: DOC/20/344672It is recorded that Ms Toni Gray, Mrs Jenny Wu, Ms L. McCarthy, and Ms Marta vanHeerden each submitted a written statement in relation to this item.It is recorded that Cr Samuel-King returned to the meeting at 6:38pm.Moved: Cr Castelli (Deputy Mayor)Seconded: Cr Evans OAM (Mayor)That Council resolves to issue a Notice of Decision to Grant a Permit under theprovisions of the Bayside Planning Scheme in respect of planning application2020/306/1 for the land known and described as 5 Stanley Street, Brighton, for thepart use the site as an indoor recreation facility (pilates studio) and display of businessidentification signs in accordance with the endorsed plans and subject to the followingconditions from the standard conditions:1.The layout of the uses on the endorsed plans must not be altered without theprior written consent of the Responsible Authority.2.T

provided. The plans must be generally in accordance with the plans A050, A100 Rev 2, A101 8, A103, A104, A105 Rev 9, A110 Rev 9, A151 Rev 9, A152 Rev 9, A155 Rev 3 (advertised) drawn by Mckimm dated 21 August 2020 but modified to show: a) deleted b) installation of a traffic light si

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