CITY OF MELBOURNE

Future Melbourne Committee

Minutes

Meeting number 71 Tuesday 17 November 2015

5.30pm

Council Meeting Room Level 2

Melbourne Town Hall

Present Acting Lord Mayor, Susan Riley Councillor Richard Foster Councillor Rohan Leppert Councillor Kevin Louey Councillor Stephen Mayne Councillor Cathy Oke Councillor Ken Ong Councillor Beverley Pinder-Mortimer Councillor Jackie Watts Councillor Arron Wood

Apology Lord Mayor, Robert Doyle

Confirmed at the meeting of the Future Melbourne Committee on Tuesday 8 December 2015

1. Commencement of meeting and apologies

The meeting commenced at 5.30pm.

Condolences

The Acting Lord Mayor, Susan Riley noted that the City of Melbourne offered sincere condolences to the people of France in the wake of the act of violence in Paris on 13 November 2015.

The Chair, Acting Lord Mayor, Susan Riley, advised that: • the meeting was being recorded and the audio would be made available on the City of Melbourne

website before close of business tomorrow • the agenda comprised of 11 reports from management and one item of general business • an apology had been received from the Lord Mayor, Robert Doyle.

2. Disclosures of conflicts of interest

The Chair, Acting Lord Mayor, Susan Riley, advised that conflicts of interest would be disclosed as they arose.

3. Confirmation of minutes of the previous meeting

Moved: Cr Ong

That the minutes of meeting No 69, held on Tuesday 13 October 2015, be confirmed.

Seconded: Cr Oke

The motion was put and carried unanimously with the following Councillors present: The Chair, Acting Lord Mayor, Susan Riley and Councillors Foster, Leppert, Louey, Mayne, Oke, Ong, Pinder-Mortimer, Watts and Wood.

4. Matters arising from the minutes of the previous meeting

Cr Oke advised in relation to agenda item 6.3 that although the intent of the resolution was clear she wished it to be noted that the reference should be to the motorcycle parking guidelines available on the City of Melbourne website.

5. Public questions

Anthony van der Craats asked if the City of Melbourne is involved in the design of the Metro Rail Domain Interchange and would there be retail space in the development.

Ben Rimmer, Chief Executive Officer confirmed that the City of Melbourne is involved in the development, but he was unaware of retail space and will take the question on notice.

6. Reports from management

The Chair, Acting Lord Mayor, Susan Riley, advised that as at 3pm the following submissions had been received in accordance with the Council's Conduct of Meetings Local Law 2010.

In relation to Agenda item 6.1, Ministerial Referral: TPM-2015-1, 32-44 Flinders Street, Melbourne

Request to speak: • Lloyd Elliot, Urbis.

Item of correspondence: • Lloyd Elliot, Urbis.

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In relation to Agenda item 6.2, Ministerial Planning Referral: TPM-2014-44, 295-305 and 307-309 King Street, Melbourne

Request to speak: • Millie Anderson (did not attend the meeting).

Item of Correspondence: • Clem Newton-Brown, Whitemark Property and Planning.

In relation to Agenda item 6.3, Ministerial Referral: TPM-2009-1, 496-502 Elizabeth Street, Melbourne

Requests to speak: • Andrea Pagliaro, Urbis • Tony Penna, Southbank Residents Group • Anthony van der Craats.

Items of Correspondence: • Roger Gardner • Catherine Underhill • Patricia O'Loughlin • Hugh Lu, Urbis • Tony Penna, Southbank Residents Group • George Janko, Carlton Residents Group • Michael Butcher, Melbourne South Yarra Residents Group Inc. • Yolande Leonardi.

In relation to Agenda item 6.4, Liquor Referral: LIQREF-2014-390, Duke of Wellington Hotel, 142-148 Flinders Street, Melbourne

Requests to speak: • John Larkins.

In relation to Agenda item 6.5, Ministerial Referral: ID-2015-6, 433-455 Collins Street, Melbourne

Requests to speak: • Sarah Horsfield, Urbis • Bob Earl, Occulus ® Nik Karalis, Woods Bagot • Adrian Pozzo, Cbus Property • Tony Penna, Southbank Residents Group.

Items of Correspondence: • Phillip Lees • Tim Bracher • Tony Penna, Southbank Residents Group.

In relation to Agenda item 6.7, Transforming Southbank Boulevard and Dodds Street, Melbourne

Request to speak: • Tony Penna, Southbank Residents Group.

Item of Correspondence: • Tony Penna, Southbank Residents Group.

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In relation to Agenda item 7.1, Notice of Motion, Cr Watts: Developer non-compliance with planning permit conditions under the control of the Minister for Planning

Items of Correspondence: • Nik Dow ® George Janko, Carlton Residents Group.

Planning Portfolio

Cr Ong assumed the role of Chair to present the five reports from management for consideration in relation to the Planning Portfolio.

6.1 Ministerial Referral: TPM-2015-1, 32-44 Flinders Street, Melbourne

The purpose of this report was to advise the Committee of amended plans which have been received for discussion purposes in relation to the application at 32-44 Flinders Street, Melbourne.

Cr Ong tabled a supplementary report in relation to this matter.

Lloyd Elliot, Urbis addressed the Committee.

Moved: Cr Ong

1. That the Future Melbourne Committee resolves that a letter be sent to the Department of Environment, Land, Water and Planning indicating that the Melbourne City Council objects to the proposal on the following grounds:

1.1. The proposal by virtue of its height and inadequate tower setbacks and plot ratio represents an overdevelopment of the site.

1.2. The proposal by virtue of its height and inadequate tower setbacks will have an overbearing and adverse impact upon amenity of the public realm and is contrary to relevant provisions of the Melbourne Planning Scheme, including Clause 22.01, 22.20 and 34.07.

1.3. The proposal does not adequately respond to the development potential of the adjoining sites.

Seconded: Cr Leppert

The motion was put and carried with the Chair, Cr Ong, Acting Lord Mayor, Susan Riley and Councillors Foster, Leppert, Louey, Oke, Pinder-Mortimer, Watts and Wood voting in favour of the motion and Councillor Mayne voting against the motion.

6.2 Ministerial Planning Referral: TPM-2014-44, 295-305 and 307-309 King Street, Melbourne

The purpose of this report was to advise the Committee of a Ministerial Planning Application TPM-2014-44, 295-305 and 307-309 King Street Melbourne.

Moved: Cr Ong

That the Future Melbourne Committee resolves that a letter be sent to the Department of Environment, Land, Water and Planning advising that the Melbourne City Council objects to the application for the reasons set out in the attached delegate report (Attachment 4 of the report from management), other than the fifth dot point under the heading 'Officer Recommendation' which relates to apartment layout.

Seconded: Cr Mayne

The motion was put and carried unanimously with the following Councillors present: The Chair, Cr Ong, Acting Lord Mayor, Susan Riley and Councillors Foster, Leppert, Louey, Mayne, Oke, Pinder-Mortimer, Watts and Wood.

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6.3 Ministerial Referral: TPM-2009-1,496-504 Elizabeth Street, Melbourne

The purpose of this report was to advise the Committee of a Ministerial Planning Application TPM-2009-1, 496-504 Elizabeth Street, Melbourne.

The Acting Lord Mayor, Susan Riley and Councillors Louey, Pinder-Mortimer and Wood each declared an indirect conflict of interest in regard to Agenda Items 6.3 and 6.4 because of receipt of an applicable gift under section 78C of the Local Government Act 1989, as they had received election campaign donations from the applicants or others associated with the applications.

The Acting Lord Mayor, Susan Riley and Councillors Louey, Pinder-Mortimer and Wood all left the meeting at 6.08pm prior to any discussion taking place.

The following people addressed the Committee: • Andrea Pagliaro, Urbis • Tony Penna, Southbank Residents Group ® Anthony van der Craats.

Moved: Cr Ong

That the Future Melbourne Committee resolves to send a letter to the Department of Environment, Land, Water and Planning advising that Melbourne City Council does not object to the proposed secondary consent amendment subject to the provision of additional information on the plans for endorsement, as set out in the recommendation in the Delegate Report (refer to Attachment 4 of the report from management).

Seconded: Cr Mayne

The motion was put and carried with the Chair, Cr Ong, and Councillors Leppert, Mayne, Oke voting in favour of the motion and Councillors Foster and Watts voting against the motion.

Referral Notice triggered: Agenda item 6.3, Ministerial Referral: TPM-2009-1, 495-504 Elizabeth Street, Melbourne

In accordance with the delegation to the committee, this decision was passed by the committee on an affirmative vote of less than six members of the committee and accordingly the referral notice process was triggered.

Moved: Cr Ong

1. That the Future Melbourne Committee resolves to:

1.1 Write to the applicant, with a copy to the Minister for Planning, expressing serious concern at its behaviour in proceeding with construction without the necessary planning approvals in place beforehand.

1.2 Write to the Minister for Planning asking that the circumstances of this case be investigated to determine whether the relationship between the planning approval and the building approval system should be improved to limit the possibility of this situation reoccurring.

Seconded: Cr Mayne

The motion was put and carried unanimously with the following Councillors present: The Chair, Cr Ong, and Councillors Foster, Leppert, Mayne, Oke and Watts.

6.4 Liquor Referral: LIQREF-2014-390, Duke of Wellington Hotel, 142-148 Flinders Street, Melbourne

The purpose of this report was to advise the Committee of a request from the Victorian Commission for Gambling and Liquor Regulation to consider whether the Melbourne City Council supports or opposes an application for variation of liquor licence category to a later night (General) licence.

John Larkins addressed the Committee.

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Moved: CrOng

That the Future Melbourne Committee resolves that a letter be sent to the applicant advising that the application to vary the existing liquor licence is supported, subject to the conditions in the attached Delegate Report (Attachment 4 of the report from management).

Seconded: Cr Leppert

The motion was put and carried unanimously with the following Councillors present: The Chair, Cr Ong, and Councillors Foster, Leppert, Mayne, Oke and Watts.

Acting Lord Mayor, Susan Riley and Councillors, Louey, Pinder-Mortimer and Wood returned to the meeting at 6.50pm after the votes had been taken.

6.5 Ministerial Referral: ID-2015-6 (Amendment C267), 433-455 Collins Street, Melbourne

The purpose of this report was to advise the Committee of a request for an amendment (C267) which has been made to the Minister for Planning by the owners of 443-455 Collins Street, Melbourne to exercise powers under Section 20(4) of the Planning and Environment Act 1987.

The following people addressed the Committee: • Sarah Horsfield, Urbis • Bob Earl, Occulus • Nik Karalis, Woods Bagot • Adrian Pozzo, Cbus Property • Tony Penna, Southbank Residents Group.

Moved: Cr Mayne

That the Future Melbourne Committee resolves that a letter be sent to the Department of Environment, Land Water and Planning indicating that the Melbourne City Council supports the Master Plan and the Incorporated Document within the Delegate Report (refer to Attachment 4 of the report from management) subject to the replacement of Para 6(c) in the Incorporated Document with:

Prior to the commencement of the use or such other time as agreed with the Council, the owner must have developed to the Council's design and satisfaction, the potential future Public Open Space area located within the Market Street road reserve (i.e. comprising approximately 1,500 square metres of land within Market Street adjacent to the eastern boundary of the site area which will comprise predominately of 'soft landscaping'). In the event that the Council has not proceeded with the partial closure of Market Street (to enable the completion of the development of the proposed Public Open Space) 18 months prior to the proposed commencement of the use, no action will be required of the owner'.

Seconded: Cr Leppert

The motion was put and carried unanimously with the following Councillors present: The Chair, Cr Ong, Acting Lord Mayor, Susan Riley and Councillors Foster, Leppert, Louey, Mayne, Oke, Pinder-Mortimer, Watts and Wood.

Cr Ong left the meeting at 7.33 and did not return.

Economic Development Portfolio

Cr Louey assumed the role of Chair to present the one report from management for consideration in relation to the Economic Development Portfolio.

6.6 Proposed travel by Lord Mayor, Cr Louey and Cr Leppert: Osaka, Japan and Tianjin, Beijing and Wuxi, China, 24 February - 4 March 2016

The purpose of this report was to seek Committee's approval for the Lord Mayor, Cr Louey and Cr Leppert to travel to Osaka, Japan, Beijing and Wuxi, China for a period 24 February to 4 March 2016.

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Moved: Cr Louey

1. That the Future Melbourne Committee:

1.1. Approves the Lord Mayor, Cr Louey and Cr Leppert to travel to Osaka, Japan and Tianjin and Beijing, China, to lead the 2016 City of Melbourne business mission for the period 24 February to 4 March 2016.

1.2. Notes that the Lord Mayor, Cr Louey and Cr Leppert will make a civic visit to Wuxi in Jiangsu province to promote business and economic exchanges between Melbourne and Wuxi.

1.3. Approves an amount of $41,696 to cover the travel costs of airfares, accommodation and day-to-day meals and incidentals.

1.4. Notes that the Councillors undertaking the travel will prepare a report to the Future Melbourne Committee or Council within 60 days of return from travel.

Seconded: Acting Lord Mayor, Susan Riley

The motion was put and carried unanimously with the following Councillors present: The Chair, Cr Louey, Acting Lord Mayor, Susan Riley and Councillors Foster, Leppert, Mayne, Oke, Pinder-Mortimer, Watts and Wood.

Environment Portfolio

Cr Wood assumed the role of Chair to present the two reports from management for consideration in relation to the Environment Portfolio.

6.7 Transforming Southbank Boulevard and Dodds Street

The purpose of this report was to seek endorsement of the Southbank Boulevard and Dodds Street draft functional layout plans and new public open space envelope for phase one community engagement.

Tony Penna addressed the Committee.

Moved: CrWood

That the Future Melbourne Committee endorses the Southbank Boulevard and Dodds Street draft functional layout plans and new public open space envelope for phase one community engagement.

Seconded: Cr Oke

The motion was put and carried unanimously with the following Councillors present: The Chair, CrWood, Acting Lord Mayor, Susan Riley and Councillors Foster, Leppert, Louey, Mayne, Oke, Pinder-Mortimer and Watts. '

6.8 Urban Forest Precinct Plans 2015 - Parkville, Southbank, Fishermans Bend

The purpose of this report was seeking endorsement of the Urban Forest Precinct Plans for the Parkville, Southbank, Fishermans Bend precincts.

Moved: CrWood

That the Future Melbourne Committee endorses the Urban Forest Precinct Plans for Parkville, Southbank and Fishermans Bend.

Seconded: Cr Oke

The motion was put and carried unanimously with the following Councillors present: The Chair, CrWood, Acting Lord Mayor, Susan Riley and Councillors Foster, Leppert, Louey, Mayne, Oke, Pinder-Mortimer and Watts. Future Melbourne Committee - Tuesday 17 November 2015 7

Finance and Governance Portfolio

Cr Mayne assumed the role of Chair to present the three reports from management for consideration in relation to the Finance and Governance Portfolio.

6.9 2015-16 First Quarter September 2015 YTD Financial Performance Report

The purpose of this report was to inform the Committee of the financial performance of the Council for the quarter ending 30 September 2015.

Moved: Cr Mayne

That the Future Melbourne Committee accepts the quarterly financial performance report as at 30 September 2015.

Seconded: Cr Leppert

The motion was put and carried unanimously with the following Councillors present: The Chair, Cr Mayne, Acting Lord Mayor, Susan Riley and Councillors Foster, Leppert, Louey, Oke, Pinder-Mortimer, Watts and Wood.

6.10 Allocation of the Discretionary Fund: First Quarter 2015-16

The purpose of this report was to advise the Committee of the projects supported through the allocation of discretionary funding for the first quarter of the 2015-16 financial year.

Moved: Cr Mayne

That the Future Melbourne Committee receives the report on the allocation of discretionary funds for the first quarter of the 2015-16 financial year.

Seconded: CrWood

The motion was put and carried unanimously with the following Councillors present: The Chair, Cr Mayne, Acting Lord Mayor, Susan Riley and Councillors Foster, Leppert, Louey, Oke, Pinder-Mortimer, Watts and Wood.

6.11 Proposed change to the Future Melbourne Committee meeting dates 2016

The purpose of this report was to consider revised meeting dates for the Future Melbourne Committee in 2016.

Moved: Cr Leppert

That the Future Melbourne Committee approves the revised schedule of Committee meeting dates for 2016 as detailed in Attachment 2 to the management report with an amendment such that the March 2016 Future Melbourne Committee meetings be held on 8 and 15 March.

Seconded: Cr Mayne

The motion was put and carried unanimously with the following Councillors present: The Chair, Cr Mayne, Acting Lord Mayor, Susan Riley and Councillors Foster, Leppert, Louey, Oke, Pinder-Mortimer, Watts Wood.

The Acting Lord Mayor, Susan Riley, resumed the role of the Chair for the remainder of the meeting.

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7. General business

There was one item of General business for consideration.

7.1 Notice of Motion, Cr Watts: Developer non-compliance with planning permit conditions under the control of the Minister for Planning

Moved: Cr Watts

1. That the Future Melbourne Committee requests that the Minister for Planning consider imposing penalties or compensatory conditions on non-compliant developers, and apply any necessary legislative changes as required to give effect to this request. For example those identified in 1 and 2 below, upon a developer for non-compliance with permit conditions:

1.1 The developer will have to provide or purchase the equivalent number of parking spaces of the same dimension as those under the plan elsewhere in the CBD.

1.2 The developer to pay an amount of money equal to the lease value of the number of car parks multiplied by the estimated life-span of the building (e.g. 100 carparks @ $5,000 per annum each place x 30 years.)

Seconded: Cr Foster

The motion was put and lost with Councillors Foster and Watts voting in favour of the motion, the Chair, Acting Lord Mayor, Susan Riley, Councillors Leppert, Louey, Mayne, Oke, and Wood voting against the motion and Cr Pinder-Mortimer abstaining from voting.

8. Urgent business

There was one item of proposed urgent business for consideration.

Moved: Cr Foster

That the Statement of condolence and support to the people affected by attacks in Paris meets the criteria for consideration as an item of Urgent Business as it has arisen since the distribution of the agenda, and cannot safely or conveniently be deferred until the next Council meeting.

Seconded: Cr Mayne

The motion was put and carried unanimously with the following Councillors present: The Chair, Acting Lord Mayor, Susan Riley and Councillors Foster, Leppert, Louey, Mayne, Oke, Pinder-Mortimer, Watts and Wood.

Moved: Cr Foster

1. That the Future Melbourne Committee resolves as follows:

1.1 That the City of Melbourne condemns the horrific terrorist attacks in Paris and extends the sympathy of people of Melbourne to the victims of the tragedy and their families and friends.

1.2 That the Committee take a moment's silence as a mark of respect for the many people who lost their lives, as well as the many victims and families tragically affected by the attacks.

Seconded: Cr Watts

The motion was put and carried unanimously with the following Councillors present: The Chair, Acting Lord Mayor, Susan Riley and Councillors Foster, Leppert, Louey, Mayne, Oke, Pinder-Mortimer, Watts and Wood.

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9. Public questions

There were no public questions.

10. Closure of meeting

The Chair, Acting Lord Mayor, Susan Riley, declared the meeting closed at 8.10pm.

Confirmed at the meeting of the Future Melbourne Committee on Tuesday 8 December 2015.

Chair Future Melbourne Committee

Future Melbourne Committee - Tuesday 17 November 2015