Minutes of Ordinary Meeting - 10 November 2014...MINUTES OF ORDINARY COUNCIL MEETING OF THE...

OM263

MINUTES OF ORDINARY COUNCIL MEETING OF THE FRANKSTON CITY COUNCIL HELD IN THE CIVIC CENTRE, DAVEY STREET, FRANKSTON

ON 10 NOVEMBER 2014 at 7PM

PRESENT Cr. Darrel Taylor (Mayor) Cr. James Dooley Cr. Rebekah Spelman Cr. Glenn Aitken Cr. Sandra Mayer Cr. Suzette Tayler Cr. Colin Hampton

APOLOGIES: Cr. Brian Cunial Cr. Michael O’Reilly

ABSENT: Nil.

OFFICERS: Mr. Dennis Hovenden, Chief Executive Officer Mr. Tim Frederico, Director Corporate Development Dr. Gillian Kay, Director Community Development Mr. Vito Albicini, Director City Development Mr. Michael Papageorgiou, Manager Planning & Environment Ms. Fiona Johnstone, Coordinator Statutory Planning Ms. Anne Sorensen, Strategic Planning Officer Ms. Kathy Richardson, Acting Coordinator Strategic Planning Mr Robert Lean, Strategic Planner Mr. James Smith, Statutory Planner Mr. Oliver Rees, Statutory Planner Ms. Michelle Tipton, Coordinator Council Business Support Ms. Vera Roberts, Officer Council Business Support

EXTERNAL REPRESENTATIVES:

Nil

Chairperson’s initials

OM263

COUNCILLOR STATEMENT

Councillor Spelman made the following statement:

“ All members of this Council pledge to the City of Frankston community to consider every item listed on this evening’s agenda:

• Based on the individual merits of each item; • Without bias or prejudice by maintaining an open mind; and • Disregarding Councillors’ personal interests so as to avoid any conflict with our

public duty.

Any Councillor having a conflict of interest in an item will make proper, prior disclosure to the meeting and will not participate or vote on the issue.”

PRAYER

At the request of the Mayor, Councillors, officers and members of the gallery stood while Councillor Hampton read the Opening Prayer.

ACKNOWLEDGEMENT OF TRADITIONAL OWNERS

Councillor Dooley acknowledged the Boonerwrung and Bunurong peoples – the traditional custodians of the land on which we stand and recognised all Aboriginal and Torres Strait Islander peoples who have given to Australia’s identity – from the past, into the present and for the future.

ACKNOWLEDGEMENT FROM THE MAYOR

The Mayor, Councillor Taylor thanked and acknowledged the support from all of the Councillors and the Council Staff during his Mayoral tenure.


ORDINARY MEETING MINUTES 1 10 November 2014 OM263

1. PRESENTATION TO COMMUNITY GROUPS ................................................... 3

2. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ............................... 3

3. APOLOGIES ....................................................................................................... 3

4. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICTOF INTEREST .................................................................................................... 3

5. PUBLIC QUESTION TIME.................................................................................. 3

6. HEARING OF PUBLIC SUBMISSIONS ............................................................. 3

7. ITEMS BROUGHT FORWARD .......................................................................... 4

8. PRESENTATIONS / AWARDS ........................................................................... 4

9. PRESENTATION OF PETITIONS AND JOINT LETTERS ................................. 5

ITEMS BROUGHT FORWARD ................................................................................... 6

11.1 Request for Planning Scheme Amendment - Lot 2, 160 Potts Road, Langwarrin ..................................................................................... 6

11.2 Planning Scheme Amendment C95 - Review of the Independent Panel Report ............................................................................................. 7

11.3 War Memorial Relocation Project ............................................................. 8

11.5 Consideration of requests to reduce Public Open Space Levy ................. 9

10. CONSIDERATION OF TOWN PLANNING REPORTS .................................... 1010.1 Amended VCAT position - Planning Permit Application No

429/2012/P - 44 Seaview Road, Frankston South - To construct one (1) single storey dwelling to the rear of the existing dwelling (two (2) dwellings) and the removal of vegetation. ................................. 10

10.2 Planning Permit Application 156/2014/P-To construct a 17 storey building comprising 63 dwellings, offices and reduction of car parking at 6 Davey Street, Frankston ..................................................... 18

10.3 Planning Application 429/2014/P - 197 Karingal Drive Frankston - To increase the liquor license area (Restaurant and Cafe License) associated with Tenancies 1, 2, 3, 5, 7 and 10; a reduction of car parking associated with an additional 59 seats; to construct buildings and works; and to display business identification signage. ............................................................................. 26

10.4 Planning Application 119/2014/P - 32 Edward Street, Langwarrin - To construct two (2) single storey dwellings to the rear of the existing dwelling (three (3) dwellings) ..................................................... 28

10.5 September Town Planning Progress Report .......................................... 34



11. CONSIDERATION OF REPORTS OF OFFICERS ........................................... 3511.4 Frankston Municipal Health and Wellbeing Plan 2013 - 2017 -

Year 1 Review ........................................................................................ 35

11.6 Response to Alexander Crescent Petition .............................................. 36

11.7 Council Plan Quarterly Performance Report for July to September 2014 ..................................................................................... 37

11.8 Proposed sale of land at 23-25 Margate Avenue (Bruce Park Kindergarten) .......................................................................................... 38

11.9 September 2014 Quarterly Financial Performance Report ..................... 39

12. NOTICES OF MOTION ..................................................................................... 4012.1 NOM 1069 - Audit of all applications for Statement of Compliance

including retrospective applications ........................................................ 40

12.2 NOM 1070 - Domestic Violence Forum - Friday 13 March 2015 ............ 41

12.3 NOM 1071 - After School Kids Soccer Tournament ............................... 42

12.4 NOM 1072 - Proposal to name a section of road "McMannis Way" ....................................................................................................... 43

13. LATE REPORTS .............................................................................................. 44

14. URGENT BUSINESS ........................................................................................ 44MoMasters Annual Charity Golf Day ................................................................. 44

Lot 3, 160 Potts Road, Langwarrin .................................................................... 44

Microphones in Chamber .................................................................................. 44

15. CONFIDENTIAL ITEMS ................................................................................... 46C.1 Street Tree Management Contract ......................................................... 46

C.2 Outcomes of the Audit and Risk Management Committee meeting held on 22 August 2014 ............................................................ 46

C.3 2014 Frankston Charitable Fund Grants Program .................................. 46

C.4 Appointment and Authorisation of Council Staff ..................................... 46

C.5 Confidential Papers - Frankston Arts Centre Best Value Service Review .................................................................................................... 46



1. PRESENTATION TO COMMUNITY GROUPS Nil.

2. CONFIRMATION OF MINUTES OF PREVIOUS MEETING Council Decision Moved: Councillor Dooley Seconded: Councillor Tayler That the minutes of the Ordinary Meeting No. OM262 held on 20 October 2014 and Special Meeting No. SP185 held on 29 October 2014, copies of which had previously been circulated to all Councillors, be confirmed, approved and adopted.

Carried Unanimously

3. APOLOGIES Council Decision Moved: Councillor Hampton Seconded: Councillor Mayer That the apologies be received and Councillors Cunial and O’Reilly be granted leave from the meeting.

Carried Unanimously

4. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF INTEREST The Mayor, Councillor Taylor declared a conflict of interest in an Urgent Business item that will be tabled in the Confidential meeting. The Mayor advised that he will leave the chamber while discussion on this matter takes place.

5. PUBLIC QUESTION TIME One (1) person submitted questions to Council. At the request of the Mayor, the Chief Executive Officer read the questions and answers to the gallery. The questions and answers are contained in Appendix.

6. HEARING OF PUBLIC SUBMISSIONS Mr. Roger Bartlett made a submission to Council regarding Item 10.1, Amended VCAT position - Planning Permit Application No 429/2012/P - 44 Seaview Road, Frankston South - To construct one (1) single storey dwelling to the rear of the existing dwelling (two (2) dwellings) and the removal of vegetation.

Mr. Michael Meyer made a submission to Council regarding Item 10.2, Planning Permit Application 156/2014/P-To construct a 17 storey building comprising 63 dwellings, offices and reduction of car parking at 6 Davey Street, Frankston.

Mr. John McKenzie made a submission to Council on behalf of the Frankston Environment Friends Network regarding Item 11.1, Request for Planning Scheme Amendment - Lot 2, 160 Potts Road, Langwarrin.

Mr. Henry Kelsall made a submission to Council regarding Item 11.1, Request for Planning Scheme Amendment - Lot 2, 160 Potts Road, Langwarrin.

Ms. Pat Bentley made a submission regarding Item 11.2, Planning Scheme Amendment C95 - Review of the Independent Panel Report.



Ms. Pat Bentley made a submission regarding Item 11.3, War Memorial Relocation Project.

Mr. Peter Stoops made a submission regarding Item 11.2, Planning Scheme Amendment C95 - Review of the Independent Panel Report.

Ms. Hilary Poad made a submission regarding Item 11.2, Planning Scheme Amendment C95 - Review of the Independent Panel Report.

Ms. Phillipa Bailey made a submission regarding Item 11.2, Planning Scheme Amendment C95 - Review of the Independent Panel Report.

Mr. Noel Tudball made a submission regarding Item 11.2, Planning Scheme Amendment C95 - Review of the Independent Panel Report.

Ms. Jennifer Alexander made a submission regarding Item 11.2, Planning Scheme Amendment C95 - Review of the Independent Panel Report.

Mr. Trevor Nock made a submission regarding Item 11.2, Planning Scheme Amendment C95 - Review of the Independent Panel Report.

Ms. Ginevra Hosking made a submission regarding Item 11.5, Consideration of requests to reduce Public Open Space Levy.

Mr. Geoffrey Crowder made a submission regarding Item 11.2, Planning Scheme Amendment C95 - Review of the Independent Panel Report.

Ms. Juanita Davis made a submission regarding Item 11.2, Planning Scheme Amendment C95 - Review of the Independent Panel Report.

Mr. Mark Kinder made a submission regarding Item 11.3, War Memorial Relocation Project.

Ms. Leanne Hodolic made a submission regarding Item 11.3, War Memorial Relocation Project.

7. ITEMS BROUGHT FORWARD Items Brought Forward

Council Decision Moved: Councillor Mayer Seconded: Councillor Aitken

That Item 11.1 Request for Planning Scheme Amendment - Lot 2, 160 Potts Road, Langwarrin, Item 11.2 Planning Scheme Amendment C95 - Review of the Independent Panel Report , Item 11.3 War Memorial Relocation Project, and Item11.5 Consideration of requests to reduce Public Open Space Levy be brought forward.

Carried Unanimously

The Mayor adjourned the meeting at 8.16 pm The Mayor resumed the meeting at 8.20 pm

8. PRESENTATIONS / AWARDS The Mayor presented the following awards:

- Gift from Wuxi Municipal People’s Government, China – Book of Stamps - Wuzhong International Group – Scrolls - International Kindergarten, Wuxi China – Dolls in Frame



9. PRESENTATION OF PETITIONS AND JOINT LETTERS

Council Decision Moved: Councillor Hampton Seconded: Councillor Dooley That the Petition regarding the Relocation of War Memorial to Beauty Park containing 1000 signatures be received and tabled.

Carried Unanimously



ITEMS BROUGHT FORWARD 11.1 Request for Planning Scheme Amendment - Lot 2, 160 Potts Road, Langwarrin

(JS Community Development)

Council Decision Moved: Councillor Mayer Seconded: Councillor Hampton That Council writes to the Minister for Planning requesting authorisation to prepare and exhibit an amendment to the Frankston Planning Scheme to amend the DPO7 to allow an increase of 11 lots above what is currently permitted for Lot 2 under the provisions of the DPO7 that apply to this parcel of land.

Extension of Time Moved: Councillor Aitken Seconded: Councillor Hampton That Cr Mayer be granted an extension of time.

Carried Unanimously

The motion was then put And Carried

For the Motion: Crs Hampton, Mayer, Spelman and Taylor Against the Motion: Crs Aitken, Dooley and Tayler



11.2 Planning Scheme Amendment C95 - Review of the Independent Panel Report (KW Community Development)

Recommendation (Director Community Development) That:

1. Council notes the recommendations of the Independent Planning Panel Report to Amendment C95 (Attachment A).

2. Council adopts Amendment C95 in a modified form in accordance with the officer recommendations contained in this report and the revised amendment documentation (Attachment B).

3. Council submits Amendment C95 to the Minister for Planning for approval and write to all submitters to advise them of Council’s resolution.

4. Council refer for consideration to the 2015-16 Planning and Environment budget the Planning Panel’s recommended further work comprising at a minimum: the review of the Neighbourhood Character Policy and the preparation of the Design Guidelines.

Council Decision Moved: Councillor Aitken Seconded: Councillor Hampton That Council suspend taking any further consideration of the Independent Panel’s Report in relation to Planning Scheme Amendment C95 to the Frankston Planning Scheme pending further strategic work to set the direction for residential zones throughout the City.

Carried Unanimously



11.3 War Memorial Relocation Project (AS City Development)

Council Decision Moved: Councillor Hampton Seconded: Councillor Dooley That Council:

1. Adopts the attached revised design; 2. Provides an additional $10,000 allocated from the Capital Works program for

feature lighting at the base of the memorial wall; 3. Adopts the revised 2014/15 project budget of $487,735 and adjusts the Capital

Works program accordingly to reflect these changes at the mid-year budget review; and

4. Approves Council Officers and interested Councillors to consult with key stakeholders including service clubs on the reduced project budget and revised design and report back to Council of the outcome of the consultation for formal approval, prior to completing detailed design and proceeding with construction tendering.

Extension of Time Moved: Councillor Hampton Seconded: Councillor Mayer That Cr Aitken be granted an extension of time.

Carried Unanimously

The motion was then put And Carried

For the Motion: Crs Dooley, Hampton, Mayer, Tayler and Taylor Against the Motion: Crs Aitken and Spelman

Carried



11.5 Consideration of requests to reduce Public Open Space Levy (FJ Community Development)

Council Decision Moved: Councillor Mayer Seconded: Councillor Aitken That:

1. Any request for a reduction in the 5% Public Open Space contribution must be considered by Council.

2. That a report to Council be prepared on the process, scope and likely costing of establishing a local Open Space Contributions Scheme for adoption into the Frankston Planning Scheme.

3. The current MSS Advisory Committee, which provides comment on strategic matters relating to planning, expands its terms of reference to include consideration of the Public Open Space levy. And

4. The name of the MSS Committee be changed to Planning Strategies Committee and its membership comprise three (3) Councillors representing one from each Ward with one being the Mayor of the day; allowing decisions to be made regularly and without significant delay to the assessment and decision process.

Carried Unanimously

The Mayor adjourned the meeting at 9.15 pm The Mayor commenced the meeting at 9.20 pm



10. CONSIDERATION OF TOWN PLANNING REPORTS10.1 Amended VCAT position - Planning Permit Application No 429/2012/P - 44

Seaview Road, Frankston South - To construct one (1) single storey dwelling to the rear of the existing dwelling (two (2) dwellings) and the removal of vegetation. (NN Community Development)

Council Decision Moved: Councillor Tayler Seconded: Councillor Mayer That Council resolves its position to support the issue of a Planning Permit to Planning Permit Application No. 494/2012/P to construct one (1) single storey dwelling to the rear of the existing dwelling (two (2) dwellings) and removal of vegetation subject to the following conditions:

Plans 1. Before the development starts, amended plans to the satisfaction of the Responsible

Authority must be submitted to and approved by the Responsible Authority. Whenapproved, the plans will be endorsed and will then form part of the permit. The plansmust be drawn to scale, be A1 at 1:100 with dimensions and three copies must beprovided. The plans must be generally in accordance with the plans submitted withthe application [Date: 06/10/14, Revision: Z, prepared by: PS Architecture] butmodified to show:

a. The decking/landings to the north of the proposed dwelling and north of thegames room and family room of the existing dwelling to be shown on the siteplan and ground floor plan.

b. The porch of the proposed dwelling extended to the northern edge of thedwelling and a full-sized window provided for the living room facing east toincrease passive surveillance of the accessway and reduce the dominance ofthe garage.

c. The east facing window of the corridor of the proposed dwelling to be replacedwith a full-sized window and a garden bed provided to the east of the study clearof vehicle turning movements.

d. The proposed dwelling and accessway relocated a minimum of 1.0 metre to thewest to increase the garden bed around Trees 19 – 21.

e. The location of the fence enclosing the secluded private open space of theexisting dwelling to the north of the bedroom.

f. The location of any cut, fill, retaining walls and batters proposed on site (cut andfill must be clear of the Tree Protection Zones of trees to be retained).

g. The landscape beds along the driveway of the proposed dwelling extended tocontain Trees 4 and 5 within a landscape bed and connected to the landscapebed along the front portion of the driveway to clearly define the extent of thedriveway.

h. The turning bay required for the provision of emergency services relocatedoutside of the tree protection zone of Tree 10.

i. All elevations for the existing dwelling.



j. Eaves or canopy or other shading device to be provided to the north and west elevations of the proposed dwelling.

k. Removal of Trees 11, 12 and 13 and any other trees required to be removed in order to address CFA condition 27 a).

l. A Native Vegetation Offset Plan in accordance with Condition 23 of this permit (if required).

m. The Tree Protection Zones for all trees to be retained on site and adjoining properties and the tree protection fence locations must be illustrated on all relevant plans to the satisfaction of the Responsible Authority.

n. Tree protection conditions noted in accordance with Conditions 5 – 14.

o. The proposed internal fence to be located outside the structural root zone of any tree to be retained. The notation that the fence is to be constructed in accordance with Condition 10 is to be provided on all relevant plans to the satisfaction of the Responsible Authority.

p. A Landscape Plan in accordance with Condition 3.

q. A detailed schedule of construction materials and colours utilising natural muted tones and colours.

r. A notation that the existing fences to the side and rear boundaries are to be retained.

s. An amended bushfire statement in accordance with Condition 27.

t. Any changes required by CFA Condition 27.

No Alteration or Changes 2. The development as shown on the endorsed plans must not be altered without the

prior written consent of the Responsible Authority.

Landscaping 3. Before the development starts, a detailed landscape plan prepared by a suitably

qualified person to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The plan must show:

a. a survey (including botanical names) of all existing vegetation to be retained and/or removed;

b. buildings and trees (including botanical names) on neighbouring properties within three metres of the boundary;

c. details of surface finishes of pathways and driveways, retaining walls and areas of cut and fill;

d. a planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, size at maturity and quantities of each plant;

e. a planting theme of a minimum 60% indigenous, 20% native and 20% exotic within each plant group (i.e. trees, shrubs and ground covers);

f. screen planting a height of at least 2.5m along the north and south property boundaries, opposite the proposed dwelling;



g. compliance with CFA defendable space requirements under condition 7;

h. three canopy trees (indigenous) to a minimum mature height of 7 metres (must be at least two metres tall when planted) within the private open space of each dwelling;

i. at least 30 new large shrubs; and

j. no trees are to be sited over easements.

Completion of landscaping 4. The landscaping as shown on the endorsed landscape plan must be carried out and

completed to the satisfaction of the Responsible Authority before the development is occupied unless a later date is approved by the Responsible Authority in writing.

Environment Tree Protection

5. Tree protection must be carried out in accordance with the Australian Standard AS 4970-2009 Protection of trees on development sites to the satisfaction of the Responsible Authority.

6. Before the development starts (including vegetation removal), a Tree Protection Fence defined by a 1.8 metre high (minimum) temporary fence constructed using steel or timber posts fixed in the ground or to a concrete pad, with the fence’s panels to be constructed of cyclone mesh wire or similar strong metal mesh or netting with a high visibility plastic hazard tape, must be installed at the following Tree Protection Zones to the satisfaction of the Responsible Authority. A fixed sign is to be provided on all visible sides of the Tree Preservation Fencing, stating “Tree Preservation Zone – No entry without permission from Frankston City Council”.

a. Tree no. 1 – 3.8m;

b. Tree no. 2 – 3.4m;

c. Tree no. 4 – 6m;

d. Tree no. 5 – 5.5m;

e. Tree no. 7 – 2m;

f. Tree no. 8 & 9– 5.8m;

g. Tree no. 10 – 6.8m;

h. Tree no. 19 (6.2m), 20 (5.9m) and 21 (4m) – Fenced as a group at the edge of their combined Tree Protection Zones;

i. Tree no. 22 – 2m;

j. Tree no. 14 – 9.7m

7. Within the Tree Protection Zones listed in the conditions above the following requirements must be observed:

a. Coarse mulch laid to a depth of 50-100 mm.

b. No vehicular or pedestrian access (unless ground protection is provided as per Condition 13).

c. The existing soil level must not be altered either by fill or excavation.



d. The soil must not be compacted or the soil’s drainage changed.

e. No fuels, oils, chemicals, poisons, rubbish or other materials harmful to trees are to be disposed of or stored.

f. No storage of equipment, machinery or material is to occur.

g. Open trenching to lay underground services e.g.: drainage, water, gas, etc. must not be used unless approved by the Responsible Authority to tunnel beneath;

h. Nothing whatsoever including temporary services wires, nails, screws or any other fixing device is to be attached to any tree.

i. No building or any other structure is to be erected (excluding the fence which is to be located aside the structural root zone).

j. Tree roots must not be severed or injured.

k. Machinery must not be used to remove any existing concrete, bricks or other materials.

l. Where access is required through the Tree Protection Zones of Tree no. 1, 4, 5, 10 and 20), the fence must be relocated to the edge of the existing gravel driveway. If vehicles larger than a domestic vehicle are entering the zone to avoid compaction and damage to the tree/s a layer of organic mulch 200 mm thick must be laid with rumble planks/ crossing planks laid above the mulch.

8. A representative from Council’s Environment Department is required to inspect the Vegetation Protection Fencing prior to any works commencing on site.

9. Only those trees identified to be removed on the endorsed plans are permitted to be removed or destroyed, to the satisfaction of the Responsible Authority.

Hand dig footings

10. Excavation for fence footings within the Tree Protection Zones must be hand dug and overseen by a suitably qualified and experienced Arborist. Any roots with a diameter greater than 30 mm are to be retained and the footing relocated. Small roots to be hand trimmed in accordance with AS4373-2007;

Tree Pruning

11. Any pruning or removal of tree limbs, particularly hollow-baring tree limbs, must be to the minimum extent necessary. All tree pruning is to be carried out by a qualified and experienced Arborist who has a thorough knowledge of tree physiology and pruning methods. Pruning must be carried out in accordance with Australian Standard AS4373-2007 Pruning of Amenity Trees. If pruning works are to be undertaken then these works should be carried out prior to any construction works beginning on site. Any pruning of trees located on a neighbouring property should be undertaken in consultation with the property owner.

General Vegetation Conditions

12. The trees removed as part of this application must be mulched and used for future landscaping on site to the satisfaction of the Responsible Authority.



13. All disturbed surfaces on the land resulting from the development authorised or required by the permit must be revegetated and stabilised to the satisfaction of the Responsible Authority so as to prevent erosion or siltation on or adjacent to the land.

14. Prior to the commencement of tree removal works, all hollows must be inspected for the presence of fauna. The inspection must be carried out by qualified and experience expert. If fauna is located during the inspection, they must be salvaged and relocated by a suitably qualified and experienced Zoologist or Wildlife Handler in accordance with all relevant legislation and approvals, and if appropriate, in consultation with the Department of Sustainability and Environment.

Native Vegetation removal (if required)

15. In the event that native vegetation is to be removed:

a. Before the development starts including vegetation removal, a Native Vegetation Offset Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority for the removal of any native vegetation (either proposed to be removed or required to be removed as part of CFA requirements). When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale, with dimensions, and three (3) copies must be provided. The plan must meet the following requirements and be in accordance with the Permitted Clearing of Native Vegetation – Biodiversity Assessment Guidelines and the Native vegetation gain scoring manual. The required offset must be accurately assessed to determine the biodiversity equivalence units required. The offset must be located within the Port Phillip and Western Port Catchment Management, Authority boundary or Frankston City Council municipal district, and achieve the calculated strategic biodiversity score requirement.

b. Before any native vegetation is removed, evidence that an offset has been secured must be provided to the satisfaction of the Responsible Authority. This offset must meet the offset requirements set out in this permit and be in accordance with the requirements of Permitted clearing of native vegetation – Biodiversity assessment guidelines and the Native vegetation gain scoring manual. Offset evidence can be either:

c. a security agreement, to the required standard, for the offset site or sites, including a 10 year offset management plan.

d. a credit register extract from the Native Vegetation Credit Register.

Drainage 16. Provision of a Stormwater Detention System with a volume capable of retarding the

10 year ARI flow from the development site back to a 5 year ARI pre-development value on-site to the satisfaction of the Responsible Authority.

17. Prior to commencement of development, construction detailed design plans and drainage computations of the internal stormwater drainage system including the method of connection to the existing Council drainage infrastructure must be submitted to and approved by the Responsible Authority.

18. Water Sensitive Urban Design principles (WSUD) must be incorporated into the drainage design, which may include but not limited to the following components or a combination thereof:

a. On-site stormwater detention and rainwater tanks.

b. Soil percolation.



c. Stormwater harvesting and Re-use of stormwater for garden watering, toilet flushing, etc.

d. On-site ‘bio-treatment’ to reduce dissolved contaminants and suspended solids.

19. Vehicle crossing must be constructed to Frankston City Council's standards and specifications.

20. Before the development is occupied, areas set aside for parking vehicles, paths and driveway as shown on the endorsed plans must be:

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

b. Surfaced with an all-weather sealcoat; and

c. Drained and maintained to the satisfaction of the Responsible Authority.

Car spaces and driveways must be kept available for these purposes at all times.

21. Where the development involves work on or access to Council controlled land including roads, reserves and right of way, the owner, operator and their agents under this permit must at all times take adequate precautions to maintain works to the highest public safety standards, to the satisfaction of the Responsible Authority.

Precautions must include, appropriate signage to AS 1743 "Road Works Signing Code of Practice", the provision of adequate barricading of works, including trenches of Service Authorities and any other road openings, sufficient to ensure public safety.

All relevant permits and/or other approvals must be obtained from Council for works within the existing road reserves prior to works taking place on or across Council controlled land.

Urban Design 22. All works on or facing the boundaries of adjoining properties must be finished and

surface cleaned to a standard that is well presented to neighbouring properties.

23. A mailbox must be provided to the proposed dwelling as specified by the Responsible Authority and Australia Post.

24. All plumbing work, sewer pipes etc (except for spouting and stormwater pipes) associated with the new dwelling must be concealed from general view.

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

Completion of Buildings and Works 26. Once the development has started, it must be continued and completed to the

satisfaction of the Responsible Authority.



Conditions Required by Country Fire Authority 27. Before the development starts, an amended bushfire management plan must be

submitted to and endorsed by the Responsible Authority. The plan must show the following bushfire mitigation measures, unless otherwise agreed in writing by the CFA and the Responsible Authority:

a. Defendable space Prior to the occupation of the dwelling, and at all times thereafter, vegetation extending from the dwelling to the property boundary must be maintained to the following requirements to the satisfaction of the responsible authority: • Grass must be short cropped and maintained during the declared fire danger

period. • All leaves and vegetation debris must be removed at regular intervals during

the declared fire danger period. • Within 10m of a building, flammable objects (such as shrubs, ground covers

and mulches) must not be located close to the vulnerable parts of the building.

• Plants greater than 10cm in height must not be placed within 3m of a window or other glass feature of the building.

• Shrubs should not be located under the canopy of trees. • Individual and clumps of shrubs must not exceed 5 sq.m in area and must

be separated by at least 5m. • Trees must not overhang or touch any elements of the building. • The canopy of any new trees planted must be separated by at least 2m. • There must be a clearance of at least 2m between the lowest tree branches

and ground level.

b. Construction standards The building will be designed and constructed to minimum of BAL-12.5.

c. Water supply Prior to the occupation of the dwelling, a dedicated static water supply on the lot must be provided that complies with the following requirements: • A capacity of not less than 10,000 litres that is maintained solely for fire

fighting purposes. • The water supply must be stored in an above ground water tank constructed

of concrete or metal. • All fixed above-ground water pipelines and fittings required for fire fighting

purposes must be made of corrosive resistant metal. • Incorporate a ball or gate valve (British Standard Pipe (BSP) (65mm) and

coupling (64mm CFA 3 thread per inch male fitting). • The outlet/s of the water tank must be within 4m of the accessway and be

unobstructed. • Be readily identifiable from the building or appropriate identification signage

to the satisfaction of the CFA must be provided. • Any pipework and fittings must be a minimum of 65mm (excluding the CFA

coupling).

d. Access Prior to the occupation of the dwelling access for fire fighting purposes must meet the following requirements: • Curves in driveway must have a minimum inner radius of 10m.



• The average grade must be no more than 1 in 7 (14.4%) (8.1°) with a maximum of no more than 1 in 5 (20%) (11.3°) for no more than 50m.

• Dips must have no more than a 1 in 8 (12.5%) (7.1°) entry and exit angle. • Have a minimum trafficable width of 3.5m of all weather construction. • Be clear of encroachments for at least 0.5 m on each side and 4m above the

accessway. • Incorporate a turning bay for fire fighting vehicles close to the building.

Maintenance of bushfire mitigation measures 28. The bushfire mitigation measures forming part of this permit or shown on the

endorsed plans, including those relating to construction standards, defendable space, water supply and access, must be maintained to the satisfaction of the responsible authority and the relevant fire authority on a continuing basis. This condition continues to have force and effect after the development authorized by this permit has been completed.

Permit Expiry 29. This permit will expire if one of the following circumstances applies:

a. The development is not commenced within two (2) years of the date of this permit.

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

In accordance with Section 69 of the Planning and Environment Act 1987, an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.

Notes Any request for an extension of time, or variation/amendment of this permit must be lodged with the relevant fee.

Prior to the commencement of construction the operator of this planning permit must obtain a non-refundable Asset Protection Permit from Frankston City Council’s Infrastructure Department.

Pursuant to Section 69 of the Planning and Environment Act 1987 the Responsible Authority may extend the periods referred to if a request is made in writing within the following prescribed timeframes:

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

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

If a request is made out of time, the Responsible Authority cannot consider the request and the permit holder will not be able to apply to VCAT for a review of the matter.

Carried For the Motion: Crs Dooley, Mayer, Spelman, Tayler and Taylor Against the Motion: Crs Aitken and Hampton



10.2 Planning Permit Application 156/2014/P-To construct a 17 storey building comprising 63 dwellings, offices and reduction of car parking at 6 Davey Street, Frankston (AS Community Development)

Council Decision Moved: Councillor Hampton Seconded: Councillor Mayer That Council resolves to issue a Planning Permit in respect to Planning Permit Application number 156/2014/P to construct a 17 storey building up to 63 dwellings, offices at 6 Davey Street, Frankston, subject to the following conditions:

Plans 1. Before the development starts, amended plans to the satisfaction of the

Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be substantially in accordance with the plans submitted with the application identified as Finnis Architects, TP01-6 and 8—20, dated 1/8/2014 Version A and TP07, dated 14/10/14, Version B, but modified to show:

a) All building and works setback a minimum of 3.0 metres from the rear property boundary (Bay Lane) unless an alternate solution is facilitated for the widening and upgrading of Bay Lane;

b) The provision of an additional 15 car parking spaces to provide a total of 104 car spaces comprising 70 for residents, 12 for visitors and 22 for office use, in compliance with the Frankston Planning Scheme.

c) Redesign of the podium cantilever to improve its response to the heritage dwellings to the east as recommended in the Heritage Report prepared by Lovell Chen dated 28 August 2014;

d) The podium cantilever be facetted toward the south on the east side to reflect the adjacent building setback to retain views to the heritage buildings as recommended in the Heritage Report prepared by Lovell Chen dated 28 August 2014;

e) Provision of a 1.8 metre high balustrade along the edge of level 15 and 16 terraces;

f) Details of the materials and finishes, heights, edge, spandrel and fixing details of all balustrades;

g) Balconies designed to provide a minimum area of 8m² with a minimum width of 1.6m with a minimum area of 1.6m x 2m to provide a satisfactory area for table and chairs;

h) Colour other than black for the aluminum window frames and use of thermal bridges or other separation technologies to reduce heat impact;

i) Detail and extent of sun-shading louvres on the north and west elevations;

j) Details of the materials for the eastern wall between the commercial tenancy and entry and further separation of the door from the residential entry;

k) Details of the curved central lobby wall on the eastern façade. Central lobby wall to include glazing to the round openings;



l) All car park ramp gradients in accordance with the requirements of Clause 52.06-8 of the Frankston Planning Scheme;

m) Mirrors (or similar) to facilitate internal vehicular access where access will be limited to one direction only;

n) Control points to the parking areas and area for internal vehicle queuing to the main parking area, clear of Bay Lane and the proposed 3.0 metre setback. Allowance must be made for convenient access to on-site visitor spaces;

o) Provision must be made to accommodate the turning requirements of an 8.8 metre Medium Rigid Vehicle (waste) to conduct internal loading and unloading on the ground floor level in accordance with the requirements of Clause 52.07, including headroom of 4.0 metres;

p) The designation of car spaces for each dwelling;

q) Twelve car spaces designated for the office use to be identified as visitor car spaces outside office hours;

r) A loading/unloading bay with direct access from Bay Lane in the area identified on TP07 as “commercial car park 3 spaces”;

s) Left-in and left-out signage at the intersection of Bay Lane and Bay Street with ‘no access’ signs to Nepean Highway at this intersection;

t) Provision of six bicycle spaces within the front setback to Davey Street;

u) Relocation of individual storage area to each of the apartments from the basement car park to the ground floor level within the area shown as storage;

v) Detailed schedule of materials and colours as required by condition 10;

w) A Landscape Plan as required by Condition 7.

x) Modifications recommended in the wind report prepared by Vipac Engineers and Scientists Ltd dated 31 July 2014.

y) A Construction and Environment Management Plan in accordance with Condition 31;

z) ESD measures recommended in the Sustainability Management Plan Prepared by Sustainable Development Consultants dated 20 March 2014.

No Alterations 2. The use and development as shown on the endorsed plans must not be altered

without the written consent of the Responsible Authority.

3. Floor levels as shown on the endorsed plans must not be altered without the prior approval of the Responsible Authority.

4. Prior to the commencement of the development the wind study report prepared by Vipac Engineers and Scientists Ltd dated 31 July 2014 must be updated to respond to the modified building design and submitted to the Responsible Authority. The report must demonstrate that acceptable standards are achieved for the intended ground floor and terrace uses around the building.

Use 5. Without the prior written consent of the Responsible Authority the Function /Club

shall only be used as a private facility by residents of the complex.



Landscaping Plans 6. Before the dwellings are occupied, 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.

7. Before the commencement of buildings and works, a landscape plan prepared by a suitably qualified person must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The plan must show:

a) A survey (including botanical names) of all existing vegetation to be retained and/or removed;

b) Buildings and trees (including botanical names) on neighbouring properties within 3 metres of the boundary;

c) Details of surface finishes of pathways and driveways, retaining walls and areas of cut and fill;

d) A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, size at maturity and quantities of each plant;

All species selected must be to the satisfaction of the Responsible Authority.

Transfer of land 8. Before the occupation of the building or the issue of a statement of compliance

under the Subdivision Act 1988, the owner must create a road reserve in favour of Frankston City Council for a minimum width of 3.0 metres along the rear property boundary of the land (Bay Lane) to the satisfaction of the Responsible Authority unless an alternate solution that facilities the widening and upgrading of Bay Lane is adopted by the Frankston City Council, to the satisfaction of the Responsible Authority.

Section 173 Agreement 9. Prior to the commencement of works, the owner of the land must enter into an

agreement under Section 173 of the Planning and Environment Act 1987 with the Responsible Authority which addresses the following matters:-

a) The transfer of a minimum of three (3) metres of land along Bay Lane as ‘road reserve’ in favour of Frankston City Council unless an alternate solution is agreed to between the permit holder and Frankston City Council.

b) All waste services will be undertaken by a private contractor in accordance with the waste services management plan approved as part of Planning Permit 156/2014/P.

c) No owner or occupier of the building approved as part of Planning Permit 156/2014/P will be provided or granted a permit allowing for unrestricted car parking on the street or within public car parks.

d) The use of the ‘Function/Clubroom’ must be for the private use of residents and occupiers of the building. The Function/Clubroom is not to be used for public functions.

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



The applicant must cover all costs relating to the preparation and registration of the Agreement (including costs incurred by the Responsible Authority).

The Section 173 Agreement must be registered in accordance with the provisions of Section 181 of the Planning and Environment Act 1987.

Urban Design 10. Prior to the commencement of the development a detailed schedule and sample

panel, including technical notes, of all external materials and finishes showing materials, colour and finishes, roof and glazing treatments including coloured copies suitable for endorsing, must be submitted to the satisfaction and approval of the Responsible Authority. When approved, the schedule will form part of the permit.

11. Mailboxes shall be provided within the development to the satisfaction of Australia Post and the Responsible Authority.

12. All external plant and equipment must be acoustically treated or placed in sound proof housing to reduce noise to a level satisfactory to the Responsible Authority.

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

14. Lighting must be fixed and shall be provided near the front entrance and within the development, and must not cause adverse impact on adjoining land, all to the satisfaction of the Responsible Authority.

15. All plumbing work, sewer pipes etc. (except for spouting and storm water pipes) associated with the buildings shall be concealed from general view.

16. Noise attenuation measures to all the apartments must be included in the construction of the permitted dwellings to the satisfaction of the Responsible Authority, such measures being designed to protect occupants from intrusive road and business activity noise having regard to Australian Standard AS 2107-1987 ”Recommended Design Sound Levels and Reverberation Times for Building Interiors”.

Disabled Access and Facilities 17. All publically accessible areas of the dwellings, office and streetscape interface

of the building hereby permitted, must be designed and constructed in accordance with the relevant sections of Australian Standard 1428 ‘Design Rules for Access by the disabled’ .

Drainage 18. Provision of a Storm Water Detention System with a volume capable of retarding

the 10 year ARI flow from the development site back to a five (5) year ARI pre-development value to the satisfaction of the Responsible Authority.

19. Prior to commencement of development construction detailed design plans and drainage computations of the internal storm water drainage system including the method of connection to the existing Council drainage infrastructure are to be submitted and approved to the satisfaction of the Responsible Authority.

20. Water Sensitive Design Urban Design Principles (WSUD) are to be incorporated into the drainage design to the satisfaction of the Responsible Authority (Infrastructure Manager), which may include but not be limited to the following components or a combination thereof:



• On-site storm water detention and rain water tanks;

• Soil Percolation;

• Storm water harvesting and re-use of storm water for garden watering, toilet flushing, etc; and

• On-site ‘bio-treatment’ to reduce dissolved contaminants and suspended solids.

Engineering Requirements 21. Prior to the occupation of the apartments an appropriate level of access via Bay

Lane (extending from the Nepean Highway to the western end of the subject site) for vehicles and pedestrians must be provided by the developer/landowner/permit holder to the satisfaction of the Responsible Authority.

22. Prior to the commencement of any road works, drainage and associated works detailed functional plans for the construction of Bay Lane (extending from the Nepean Highway to the western end of the subject site) must be submitted to the Responsible Authority 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 (3) copies must be provided. The plans must include:

a) Full construction of Bay Lane to a width of 6 metres across the entire site frontage and with full construction and connection to the Nepean Highway to the west including the provision of a storm water drainage network;

b) Road Pavement Design/Makeup;

c) Drainage System Design/Layout and 100 year flow paths to be accommodated;

d) Service Conduit Plan;

e) Signage/Line marking/Metron Marking and Signing;

f) Street Lighting along Bay Lane;

g) Internal pavement is to be constructed to a standard capable of accommodating Waste service vehicles and turning manoeuvres;

h) Environmental Site Management Plan

i) Amenity Control during Construction.

All works constructed or carried out must be in accordance with the endorsed plans.

23. The cost of the construction of Bay Lane shall be borne by the developer/landowner/permit holder in accordance with approved plan as required in Condition 21.

24. Vehicle crossings shall be constructed to Frankston City Council’s standards and specifications to the satisfaction of the Responsible Authority.

25. All disused vehicle crossings shall be removed and the area reinstated to kerb and channel and landscaped to the satisfaction of the Responsible Authority.

26. Before the development is occupied, 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) Drained and maintained to the satisfaction of the Responsible Authority.

d) Line-marked to indicate each car space to the satisfaction of the Responsible Authority.

e) Car spaces must be clearly marked on pavement or signed to designated dwellings and office use.

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

27. Prior to occupation of the building, all car spaces must be marked as designated car spaces for each dwelling and office space.

28. Where the development involves work on or access to Council controlled land including roads, reserves and rights of way, the owner, operator and their agents under this permit shall at all times take adequate precautions to maintain works to the highest public safety standards.

Precautions are to include, appropriate signage to AS 1743 road works signing code of practice, the provision of adequate barricading of works, including trenches of Service Authorities and any other road openings sufficient to ensure public safety.

All relevant permits are to be obtained from Council for works within the existing road reserves in addition to the planning permit.

Waste Management 29. Prior to the commencement of construction a waste services management plan

(WSMP) must be submitted for approval by the Responsible Authority. When approved, the WSMP will be endorsed and form part of this permit. The plan must detail the method of garbage collection from the site, times and frequency of garbage collection, to the satisfaction of the Responsible Authority.

Construction and Environment Management Plan 30. Prior to the commencement of works a Construction and Environment

Management Plan must be submitted to, and be approved by, the Responsible Authority. When approved the plan will be endorsed to form part of the permit. The information must be drawn to scale with dimensions and three (3) copies must be provided. The plan is to include details of the following:

a) Contact Numbers of responsible owner/contractor including emergency/24 hour mobile contact details;

b) Identification of possible environmental risks associated with development works;

c) Response measures and monitoring systems to minimize identified environmental risks, including but not limited to vegetation protection, runoff, erosion, dust, litter, noise and light:

d) Location and specifications of sediment control devices on/off site;

e) Location and specifications of surface water drainage controls;

f) Location and specifications of fencing for the protection of trees and/or vegetation as required by the permit;



g) Proposed drainage lines and flow control measures;

h) Location of all stockpiles and storage of building materials;

i) Location of parking for site workers and any temporary buildings or facilities;

j) Details to demonstrate compliance with relevant EPA guidelines;

k) Target of recycling and re-using a minimum of 80% of construction and demolition waste by weight;

l) Hours during which construction activity will take place;

m) Measures to minimise the impact of construction vehicles arriving and departing from the land;

n) Measures to minimise the impact upon the local amenity;

o) The management of waste collection and soil removal from the construction site; and

p) Access routes for construction vehicles.

Environmental Sustainable Development Plan 31. The development must be constructed in accordance with the endorsed

Sustainable Management Plan, as up dated, prepared by Sustainable Development Consultants dated 20 March 2014, to the satisfaction of the Responsible Authority.

32. Loading and unloading of goods from vehicles must only be carried out within the confines of the building.

33. 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, waste water, waste products, etc.

Satisfactorily Completed 34. Once the development has started it must be continued and completed to the



• The development is not started within two years of the date of this permit.

• The development is not completed within four years of the issued date of this permit.


Notes A. Any request for an extension of time, or variation/amendment of this permit must

be lodged with the relevant fee.



B. Prior to the commencement of construction the operator of this planning permit must obtain a non-refundable Asset Protection Permit from Frankston City Council’s Infrastructure Department.

C. Any request for time extension of this Permit shall be lodged with the relevant administration fee at the time the request is made. Pursuant to Section 69 of the Planning and Environment Act 1987 the Responsible Authority may extend the periods referred to if a request is made in writing within the following prescribed timeframes:

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

b. Within 12 months after the permit expiry date, where the development

allowed by the permit has lawfully started before the permit expires.


Carried For the Motion: Crs Hampton, Mayer, Spelman and Taylor Against the Motion: Crs Aitken, Dooley and Tayler



10.3 Planning Application 429/2014/P - 197 Karingal Drive Frankston - To increase the liquor license area (Restaurant and Cafe License) associated with Tenancies 1, 2, 3, 5, 7 and 10; a reduction of car parking associated with an additional 59 seats; to construct buildings and works; and to display business identification signage. (OR Community Development)

Council Decision Moved: Councillor Aitken Seconded: Councillor Mayer That Council resolves to issue a Planning Permit in respect to Planning Permit Application number 429/2014/P to increase the liquor license area (Restaurant and Cafe License) associated with Tenancies 1, 2, 3, 5, 7 and 10; a reduction of car parking associated with an additional 59 seats; to construct buildings and works and to display business identification signage at 197 Karingal Drive Frankston subject to the following conditions:

No Alterations 1. The use and/or development as shown on the endorsed plans must not be altered

without the prior written consent of the Responsible Authority.

Satisfactorily Completed 2. Once the development has started it must be continued and completed to the


Liquor Licence Requirements 3. Unless with the prior written consent of the Responsible Authority the sale of alcohol

must only take place during the following hours:

• Tenancies 1, 7 and 10: 11.00am - 11.00pm Monday-Sunday

• Tenancies 2 and 3: 10.00am - 1.00am Monday-Sunday

• Tenancy 5: 9.00am – 11.00pm Monday-Sunday

4. The maximum number of 240 seats is permitted in the forecourt for tenancies 1, 2, 3, 5, 7, and 10 collectively.

Amenity 5. The licensee/permit holder shall not cause or permit undue detriment to the amenity

of the area to arise out of or in connection with the use of the premises to which the licence/permit relates during or immediately after trading hours authorised by the licence/permit.

Signage 6. All signs must be located wholly within the boundary of the land.

7. The sign(s) hereby permitted must be constructed to the satisfaction of the Responsible Authority, and must be maintained to the satisfaction of the Responsible Authority.

8. The signage herby permitted must not

• be animated; • be illuminated; • be moving or rotating; • contain any flashing or intermittent light.



Melbourne Water Requirements 9. Pollution and sediment laden runoff shall not be discharged directly or indirectly into

Melbourne Water's drains or waterways.


• The use and development is not commenced and the signage is not erected within two (2) years of the date of this permit.

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

• The use is discontinued for a period of two (2) years.


11. The permit for signage expires 15 years from the date of this permit.

Notes A. Any request for an extension of time, or variation/amendment of this permit must

be lodged with the relevant fee.



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

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


D. If further information is required in relation to Melbourne Water's permit conditions shown above, please contact Melbourne Water on 9679 7517, quoting Melbourne Water's reference 131989.

Carried For the Motion: Crs Aitken, Dooley, Mayer, Spelman, Tayler and Taylor Against the Motion: Cr Hampton



10.4 Planning Application 119/2014/P - 32 Edward Street, Langwarrin - To construct two (2) single storey dwellings to the rear of the existing dwelling (three (3) dwellings) (NR Community Development)

Council Decision Moved: Councillor Hampton Seconded: Councillor Mayer That Council resolves to issue a Planning Permit in respect to Planning Permit Application number 119/2014/P to construct two (2) single storey dwellings to the rear of the existing dwelling (three (3) dwellings) at 32 Edward Street, Langwarrin subject to the following conditions:

Plans 1. Before the development starts, amended plans to the satisfaction of the Responsible

Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application Drawing No. 14-004, Sheet 1 Revision A, Sheets 2 -4 Revision B, February 2014 prepared by Andrew Ferris Drafting and Design, but modified to show:

(a) The driveway meandered with the garden beds widened to 2 metres (tapered off either side) opposite the garage of Dwelling 2 and dwelling turning area of Dwelling 3 to accommodate additional landscaping within these areas.

(b) The provision of a visitor car space (not within the front setback).

(c) Provision of storage areas for Dwellings 2 and 3.

(d) The Tree protection zones for all trees to be retained to be illustrated on all relevant plans.

(e) A Landscape Plan in accordance with Condition 3.

(f) Tree protection methods to be annotated on all the relevant plans in accordance with Conditions 5, 6 and 7 of this permit.

(g) Lighting of the driveway in accordance with Condition 20 of this permit No Alteration or Changes 2. The development as shown on the endorsed plans must not be altered without the

prior written consent of the Responsible Authority. Landscaping 3. Before the commencement of buildings and works, a landscape plan prepared by a

suitably qualified person must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The plan must show:

(a) The areas of pavers on lilydale toppings to include grass and shrubs. (b) a survey (including botanical names) of all existing vegetation to be

retained and/or removed;



(c) buildings and trees (including botanical names) on neighbouring properties within three metres of the boundary;

(d) details of surface finishes of pathways and driveways, retaining walls and areas of cut and fill;

(e) a planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, size at maturity and quantities of each plant;

(f) A planting theme of a minimum 20% indigenous, 40% native and 40% exotic within each plant group;

(g) canopy trees to a minimum mature height of five metres (minimum two metres tall when planted) in the following areas;

(i) one (1) within the front setback

(ii) one (1) within the private open space of all dwellings

Trees are not to be sited over easements.

All species selected must be to the satisfaction of the Responsible Authority. Prior to Occupation 4. The landscaping as shown on the endorsed landscape plan must be carried out and

completed to the satisfaction of the Responsible Authority before the occupation of the development and/or commencement of the use or at such later date as is approved by the Responsible Authority in writing.

Tree Protection

5. Tree protection must be carried out in accordance with the Australian Standard AS

4970-2009 Protection of trees on development sites to the satisfaction of the Responsible Authority.

6. Prior to the commencement of the development (including vegetation removal), a Tree Protection Fence defined by a 1.8 metre high (minimum) temporary fence constructed using steel or timber posts fixed in the ground or to a concrete pad, with the fence’s panels to be constructed of cyclone mesh wire or similar strong metal mesh or netting with a high visibility plastic hazard tape, must be installed at the tree protection zones of the street trees; Tree No. 1 Eucalyptus nicholii (6m) and Tree No 2 Corymbia ficifolia (4.8 metres) fence is to be protected to the edge of the nature strip, 4.4 metres to the west of Tree No. 3 Eucalyptus botryoides to the existing carport and front property boundary, Tree No. 5 Acer palmatum and Tree No. 6 Olea europaea 1 metres off the eastern boundary, Tree No 10 Eucalyptus ovata and Tree No 11 Cupressocyparis leylandii 2 metres off the eastern boundary to the satisfaction of the Responsible Authority. A fixed sign is to be provided on all visible sides of the Tree Preservation Fencing, stating “Tree Preservation Zone – No entry without permission from Frankston City Council”.

The requirements below must be observed within this area - a) No vehicular or pedestrian access. b) The existing soil level must not be altered either by fill or excavation. c) The soil must not be compacted or the soil’s drainage changed. d) No fuels, oils, chemicals, poisons, rubbish or other materials harmful to

trees are to be disposed of or stored. e) No storage of equipment, machinery or material is to occur.



f) Open trenching to lay underground services e.g.: drainage, water, gas, etc. must not be used unless approved by the Responsible Authority to tunnel beneath;

g) Nothing whatsoever including temporary services wires, nails, screws or any other fixing device is to be attached to any tree.

h) No building or any other structure is to be erected. i) Tree roots must not be severed or injured. j) Machinery must not be used to remove any existing concrete, bricks or

other materials. Ground Protection 7. The following tree protection conditions apply within the identified Tree Protection

Zones (3.8 metres) for Tree No. 4 Callistemon viminalis. All tree protection conditions must be undertaken to the satisfaction of the Responsible Authority.

a) No excavation works are permitted for the construction of the driveway.

b) The existing driveway is to be removed by hand with works overseen by a suitably qualified and experienced Arborist.

c) To avoid compaction and damage to the tree trees a layer of organic mulch 200 mm thick must be laid with rumble planks/ crossing planks laid above the mulch immediately after the existing driveway is removed. This ground protection is to be maintained until the construction of the new driveway is completed.

d) No fuels, oils, chemicals, poisons, rubbish or other materials harmful to trees are to be disposed of or stored.

e) No storage of equipment, machinery or material is to occur.

f) Open trenching to lay underground services e.g.: drainage, water, gas, etc. must not be used unless approved by the responsible authority to tunnel beneath.

g) If property boundary fencing is to be removed, a tree protection fence defined by a 1.8 metre high (minimum) temporary fence constructed using steel or timber posts fixed in the ground or to a concrete pad, with the fence’s panels to be constructed of cyclone mesh wire or similar strong metal mesh or netting with a high visibility plastic hazard tape, must be installed at the property fence line.

h) If machinery is used to remove existing structures, concrete, bricks or other materials it must be located outside of the defined Tree Protection Zones with ONLY the main arm of the machine reaching into this Zone.

8. All tree pruning is to be carried out by a qualified and experienced Arborist who

has a thorough knowledge of tree physiology and pruning methods. Pruning must be carried out in accordance with Australian Standard AS4373-2007 Pruning of Amenity Trees. If pruning works are to be undertaken then these works should be carried out prior to any construction works beginning on site. Any pruning of trees located on a neighbouring property should be undertaken in consultation with the property owner



Drainage 9. Provision of a Stormwater Detention System with a volume capable of retarding

the 10 year ARI flow from the development site back to a 5 year ARI pre-development value to the satisfaction of the Responsible Authority.

10. Stormwater Drainage Outfall is to be constructed within the drainage easement to

provide outlet from adjacent property at 30 Edward Street to the satisfaction of the Responsible Authority.

11. Prior to commencement of development construction detailed design plans and

drainage computations of the internal stormwater drainage system including the method of connection to the existing Council drainage infrastructure are to be submitted and approved to the satisfaction of the Responsible Authority.

12. Water Sensitive Urban Design principles (WSUD) are to be incorporated into the

drainage design, which may include but not be limited to the following components or a combination thereof:

• On-site stormwater detention and rainwater tanks. • Soil percolation • Stormwater harvesting and Re-use of stormwater for garden watering, toilet

flushing, etc • On-site ‘bio-treatment’ to reduce dissolved contaminants and suspended

solids. 13. Vehicle crossing shall be constructed to Frankston City Council's standards and

specifications to the satisfaction of the Responsible Authority. 14. All disused vehicle crossings shall be removed and the area reinstated to kerb and

channel and landscaped to the satisfaction of the Responsible Authority. 15. Prior to occupation of the dwellings hereby permitted by this permit starts, areas

set aside for parking vehicles, loading bays, access lanes and paths 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; and (d) Drained and maintained to the satisfaction of the Responsible Authority.

Car spaces, access lanes and driveways must be kept available for these purposes at all times.

16. Where the development involves work on or access to Council controlled land

including roads, reserves and right of way, the owner, operator and their agents under this permit must at all times take adequate precautions to maintain works to the highest public safety standards, to the satisfaction of the Responsible Authority.

Precautions must include, appropriate signage to AS 1743 Road Works Signing Code of Practice, the provision of adequate barricading of works, including trenches of Service Authorities and any other road openings, sufficient to ensure public safety.



All relevant permits must be obtained from Council for works within the existing road reserves, in addition to the planning permit.

Urban Design 17. All works on or facing the boundaries of adjoining properties must be finished and

surface cleaned to a standard that is well presented to neighbouring properties in a manner to the satisfaction of the Responsible Authority.

18. Mailboxes shall be provided to the proposed dwelling/s to the satisfaction of the

Responsible Authority and Australia Post. 19. All plumbing work, sewer pipes etc. (except for spouting and stormwater pipes)

associated with the new dwelling shall be concealed from general view. 20. Outdoor lighting must be provided, designed, baffled and located to the

satisfaction of the Responsible Authority to prevent any adverse effect on neighbouring land.

Completion of Buildings and Works 21. Once the development has started it must be continued and completed to the

satisfaction of the Responsible Authority. Permit Expiry 22. This permit will expire if:

(a) The development has not commenced within two (2) years of the date of this permit.

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


Notes

A. Any request for a variation/amendment of this permit must be lodged with the relevant fee.



(a) Before or within 6 months after the permit expiry date, where the use or development allowed by the permit has not yet started;

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




Carried Unanimously



10.5 September Town Planning Progress Report (NN Community Development)

Council Decision Moved: Councillor Aitken Seconded: Councillor Hampton The report be noted.

Carried Unanimously



11. CONSIDERATION OF REPORTS OF OFFICERS 11.4 Frankston Municipal Health and Wellbeing Plan 2013 - 2017 - Year 1 Review

(CT Community Development)

Council Decision Moved: Councillor Aitken Seconded: Councillor Mayer That Council:

1. Receives and notes the Municipal Health and Wellbeing Plan Year 1 review

2. Notes the Municipal Health and Wellbeing Plan review and all attachments e.g. Child and Family Plan has been provided in the Councillors Office for information.

Carried Unanimously



11.6 Response to Alexander Crescent Petition (KT City Development)

Council Decision Moved: Councillor Spelman Seconded: Councillor Aitken

1. In order to address the issues raised by the petition, that Council:

• Constructs a mountable blister island at the bend of Alexander Crescent with associated line marking and signage;

• Installs yellow weave line marking on the footpath at the access point from Alexander Crescent;

• Installs additional ‘Pedestrians Ahead’ warning signage; and

• Installs a custom non-standard sign advising pedestrians to look out for vehicles on either side of the access point.

2. That officers advise the head petitioner of Council’s decision.

Carried Unanimously



11.7 Council Plan Quarterly Performance Report for July to September 2014 (BA Corporate Development)

Council Decision Moved: Councillor Aitken Seconded: Councillor Dooley That Council receives and notes the Council Plan Quarterly Performance Report as at 30 September 2014.

Carried Unanimously



11.8 Proposed sale of land at 23-25 Margate Avenue (Bruce Park Kindergarten) (MC Corporate Development)

Council Decision Moved: Councillor Hampton Seconded: Councillor Dooley That:

1. Council, having complied with the provisions of Section 189 of the Local Government Act, noting no submissions have been received, resolves to sell the land at 23R and 25R Margate Avenue, Frankston, more properly described as Lots 186 and 187 of LP8764;

2. The Planning Department prepares and submits the necessary documentation to the Minister of Planning to amend the planning scheme to rezone Lot 187 from Public Use – Local Government to the appropriate Residential Zone, pursuant to Section 20(4) of the Planning and Environment Act 1987.

3. The Chief Executive Officer be authorised to proceed with all necessary arrangements for sale of the land at 23R and 25R Margate Avenue, Frankston, subject to satisfactory completion of the planning scheme amendment.

4. The Chief Executive Officer be authorised to sign and seal the transfer of land and any other requisite documents;

5. That the funds received from the sale be put towards the cost of the Delacombe Park Pre school development.

Carried Unanimously



11.9 September 2014 Quarterly Financial Performance Report (NA Corporate Development)

Council Decision Moved: Councillor Mayer Seconded: Councillor Aitken That Council receives and notes the Financial Report for the quarter ended 30 September 2014.

Carried Unanimously



12. NOTICES OF MOTION 12.1 NOM 1069 - Audit of all applications for Statement of Compliance including

retrospective applications (FJ Community Development)

Council Decision Moved: Councillor Aitken Seconded: Councillor Mayer That the Chief Executive Officer ensures a 100% Audit of all applications for a Statement of Compliance.

That the Chief Executive Officer ensures that any retrospective application due to non-compliance be brought to Council.

Carried Unanimously



12.2 NOM 1070 - Domestic Violence Forum - Friday 13 March 2015 (AC Chief Executive Office)

Council Decision Moved: Councillor Aitken Seconded: Councillor Spelman

That Council accepts the email request from Sandi Walters, President of the Frankston Toy Library requesting financial assistance to hold a Domestic Violence Forum on Friday 13 March 2015 to be held at the Frankston Arts Centre and that the amount of $3,500 be given to the Sandi Walters to hold the forum from Councillor Darrel Taylor’s Discretionary Fund. Frankston City Council will be a major sponsor of the event.

Carried Unanimously



12.3 NOM 1071 - After School Kids Soccer Tournament (JS Corporate Development)

Council Decision Moved: Councillor Spelman Seconded: Councillor Aitken

That Council accepts the email from Frankston Pines Football Club, requesting financial assistance for the After School Kids Soccer Tournament and that the amount of $560 be given from Councillor Spelman’s Discretionary Fund.

Carried Unanimously



12.4 NOM 1072 - Proposal to name a section of road "McMannis Way" (MT Chief Executive Office)

Council Decision Moved: Councillor Aitken Seconded: Councillor Hampton

That a report be prepared for the December Council Meeting, to commence the formal process to name the “unnamed” section of road off McCulloch Avenue, where the SES are located, as “McMannis Way” in honour of Brian McMannis.

Brian McMannis’s dedication to the SES Frankston Unit as a volunteer over 37 years and continuing, including 28 years as Controller, is a truly remarkable and commendable achievement.

Throughout his tenure as controller he fostered and maintained excellent working relationships with Councillors, staff, other emergency services, the community and most importantly the volunteer members building one of the largest, busiest and most respected SES units in the State. Brian was instrumental in conceiving and delivering the modern state of the art headquarters the unit now enjoys.

The unit and our community are far better off for his many sacrifices over so many years.

As Brian has just recently retired as Controller of the SES, it seems appropriate to name this section of “unnamed” road in his honour.

Carried Unanimously



13. LATE REPORTS Nil.

14. URGENT BUSINESS

MoMasters Annual Charity Golf Day Council Decision Moved: Councillor Hampton Seconded: Councillor Mayer That the matter of MoMasters Annual Charity Golf Day be accepted as urgent business.

Carried Unanimously

Council Decision Moved: Councillor Hampton Seconded: Councillor Mayer That Council accepts the email request from D&S Golf requesting financial assistance towards the MoMasters Annual Charity Golf Day to be held at Centenary Park Golf Club on Friday 21 November 2014 and that the amount of $2,000 be given to D&S Golf from Cr Hampton’s discretionary fund.

Carried Unanimously

Lot 3, 160 Potts Road, Langwarrin Council Decision Moved: Councillor Mayer Seconded: Councillor Hampton

That the matter of Lot 3, 160 Potts Road, Langwarrin be accepted as urgent business.

Carried Unanimously

Council Decision Moved: Councillor Mayer Seconded: Councillor Hampton

1. That officers contact the owner of Lot 3 (the reserve) within one week to request permission for officers to inspect the site for the purposes of assessing the existing condition of Lot 3 (the reserve).

2. Investigate the likely costs of remediation works to reinstate the environmental values of the site.

3. That Council contact DSE to confirm the $610,000 offset from Eastlink. 4. That the Councillors are briefed on the matter and include any other aspects the

Officers deem required.

Carried Unanimously

Microphones in Chamber Council Decision Moved: Councillor Aitken Seconded: Councillor Mayer That the matter of Microphones in Chamber be accepted as urgent business.

Carried Unanimously



Council Decision Moved: Councillor Aitken Seconded: Councillor Dooley

That something urgently be done to improve the microphone system in the chamber and that they be fixed once and for all.

Carried Unanimously For the Motion: Crs Aitken, Dooley, Hampton and Mayer Against the Motion: Crs Spelman, Tayler and Taylor


Confidential Items 46 10 November 2014 OM263

15. CONFIDENTIAL ITEMS

Council Decision Moved: Councillor Mayer Seconded: Councillor Hampton

That the Ordinary Council Meeting be closed to the public to consider the following items which are of a confidential nature, pursuant to section 89(2) of the Local Government Act (LGA) 1989 for the reasons indicated:

C.1 Street Tree Management Contract Agenda Item C.1 Street Tree Management Contract is designated confidential as it relates to contractual matters (s89 2d)

C.2 Outcomes of the Audit and Risk Management Committee meeting held on 22 August 2014

Agenda Item C.2 Outcomes of the Audit and Risk Management Committee meeting held on 22 August 2014 is designated confidential as it relates to Any other matter which the Council or special committee considers would prejudice the Council or any person (s89 2h)

C.3 2014 Frankston Charitable Fund Grants Program Agenda Item C.3 2014 Frankston Charitable Fund Grants Program is designated confidential as it relates to Any other matter which the Council or special committee considers would prejudice the Council or any person (s89 2h)

C.4 Appointment and Authorisation of Council Staff Agenda Item C.4 Appointment and Authorisation of Council Staff is designated confidential as it relates to personnel matters (s89 2a), and Any other matter which the Council or special committee considers would prejudice the Council or any person (s89 2h)

C.5 Confidential Papers - Frankston Arts Centre Best Value Service Review

Agenda Item C.5 Confidential Papers - Frankston Arts Centre Best Value Service Review is designated confidential as it relates to Any other matter which the Council or special committee considers would prejudice the Council or any person (s89 2h)

Carried Unanimously


Confidential Items 47 10 November 2014 OM263

The meeting closed at 10.10 p.m. CONFIRMED THIS DAY OF 2014 ……………………………………………..

CHAIRPERSON

AUTHORITY TO STAMP INITIALS ON MINUTES I, Cr. Darrel Taylor, Chairperson – Council Meeting hereby authorise the use of a stamp of my initials to initial each page of these Minutes of the Council Meeting held on 10 November 2014, confirmed on 1 December 2014. …………………………………………………………… (Cr. Darrel Taylor, Chairperson – Council Meeting) Dated this day of 2014

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