9. Sustainability Snapshot 2016-17 175 10. Tree up lighting 179 11. Hedgeley Dene Gardens - Maintenance 183 12. Gardiner Park Pavilion 189 13. Working with Children Checks - Councillors 197 14. Council Committees, Delegates/Representatives 201 15. Proud 2 Play: Community Grant 2017-2018 211 16. VCAT Quarterly Report – third quarter of 2017 – July 2017 to September 2017 213 17. Prahran Market Operating Report to Council for the Quarter Ended 30 September 2017 215 m) Other General Business n) Urgent Business o) Confidential Business 1. Prahran Market Financial Report to Council for the Quarter Ended 30 September 2017 217
3. Planning Application 0688/15 - 1252 malvern road, malvern - section 72 amendment to the approved planning permit and plans to allow liquor to be sold and consumed in part of the footpath trading area Manager Statutory Planning: Alexandra Kastaniotis General Manager Planning & Amenity: Stuart Draffin PURPOSE For Council to consider a planning application for a Section 72 Amendment to Planning Permit No.688/15 to delete condition 1a and condition 1b, and to vary condition 4, to allow liquor to be sold and consumed in part of the footpath trading area at 1252 Malvern Road, Malvern. Executive Summary Applicant: Mr Paul Lew Neon Tiger Ward: East Zone: Clause 32.04 Mixed Use Zone Overlay: None Neighbourhood Precinct: Garden Suburban 1 Date lodged: 25 July 2017 Statutory days: (as at council meeting date) 79 Trigger for referral to Council: Councillor Call Up Patron Numbers: 50 patrons internally; 30 patrons externally Number of objections: 3 (and 1 petition) Consultative Meeting: Yes– held on 22/11/2017 Officer Recommendation: Notice of Decision to Grant a S72 Amendment to Planning Permit No.688/15 BACKGROUND History Planning Permit No.688/15 was issued by Council on 20th May 2016 for a Restaurant and Café Licence associated with use of the land (and adjoining footpath) as a food and drink premise in a Mixed Use Zone. This item was determined at the Council meeting of 11th April 2016, with the following relevant conditions: Condition 1a Red line plan provided showing the licensed area to be within the building only Condition 1b Bi-fold windows to the south of the main entry door along Glenview Avenue must be closed during the liquor trading hours as set out in condition 3.
Footpath Trading Permit LFD15/00460 was first issued on 20th October 2015 and is renewed annually. The permit has recently been renewed and is current through to 1 October 2018. The permit allows a specified area of the footpath trading zone adjacent to the west side of the building (along Glenview Avenue) to be used for business purposes, provided the use is consistent with the Footpath Trading Policy. Whilst Footpath Trading Permits do not include conditions, the permits themselves are conditional on the use within the permitted area being undertaken in accordance with the Footpath Trading and Awnings Policy 2013. The policy covers such issues as the provision of a pedestrian zone, height of barriers and sightlines. The Title The site is described on Certificate of Title Volume 11657 Folio 403 as Lot 1A on Plan of Subdivision 726138W. No covenants or easements affect the land. Planning Controls The following controls/permit triggers are considerations for this application: Zone Clause 32.04 – Mixed Use Zone Pursuant to Clause 32.04-2 a food and drink premises is a Section 1 Use (no permit required). Overlay(s) No overlays. Particular Provisions Clause 52.27 – Licensed Premises Pursuant to Clause 52.27 a permit is required to use land to sell or consume liquor if the area that liquor is allowed to be consumed or supplied under a licence is to be increased. Clause 62.01- Uses, Buildings, Works, Subdivisions and Demolition Not Requiring a Permit Pursuant to Clause 62.01 any requirement in this scheme relating to the use of land, does not apply to the use of land in a road if the use is associated with the use of adjoining land and is authorised by the Council under a local law. In this instance, the footpath trading zone is a permitted area under Council’s Local Laws and the use must be in accordance with the Footpath Trading and Awnings Policy 2013. This means that particular provisions such as car parking requirements do not apply to the patron numbers associated with the footpath trading area, however a planning permit is required to licence this area. Relevant Planning Policies Clause 17.01 Commercial Clause 21.04 Economic development Clause 22.10 Licensed premises policy Clause 32.04 Mixed Use Zone Clause 52.27 Licensed Premises Clause 65 Decision guidelines
identify the administrative requirements relating to various matters under the Municipal Association Act 1907. As Cr Klisaris was elected to the MAV Board in 2016 for a two-year term. Cr Klisaris should be nominated as our MAV representative for a second year so that she can complete her term as Board Member. Victorian Local Governance Association (VLGA) The Victorian Local Governance Association is a peak body that has local government, community organisations and individuals making up its membership. The VLGA advocates for social change and empowers local governments by strengthening their capacity to engage with their communities. It is of Councillor and individual members and is broad-based both geographically and politically. The Victorian Local Governance Association’s Constitution requires the Mayor or their nominated Councillor as Council’s representative. Stonnington Cycling Reference Group The aim of the Reference Group is to oversee, plan and provide for a logical, safe, connected cycling system to encourage participation in cycling, connect to major destinations, and highlight points of interest and amenity features of the City by: Providing the opportunity for input into the planning and provision of cycling infrastructure in Stonnington; and Informing Council on issues to assist decision making in relation to policy, program and service delivery for cycling. The Group comprises a maximum of three community members, two Councillors (one as Chair), and two Council Officers. The Group is not a decision making body and has no formal authority or delegated powers. The Stonnington Cycling Reference Group will: Contribute to the development and implementation of the Stonnington Cycling Strategy, as appropriate; Provide input into specific cycling initiatives, including programs and infrastructure planning and development; Provide information on general issues pertaining to the achievement of cycling objectives within the City of Stonnington; and, Ensure that cycling initiatives and programs are developed that achieve a balanced outcome having regard to Council Plan priorities, other stakeholder/community interests and the current urban environment. Access Stonnington Committee
and does not have voting rights. Last year the General Manager of Community and Culture was nominated to attend the meetings. Human Rights Considerations The recommendation complies with the Victorian Charter of Human Rights and Responsibilities Act 2006. Council Delegates/Representatives Committee/Group Meeting Cycle Appointments Audit Committee Meets quarterly in the months of February, May, August and November at 5pm Chair: Bruce Potgieter Deputy: David Ashmore 2 Councillor representatives: Metropolitan Transport Forum Delegate Meets monthly (excluding January) at Melbourne Town Hall on a Wednesday evening Delegate: Metropolitan Local Governments’ Waste Forum Meets bi-monthly at 6.15pm on a Thursday at a city location Delegate: Eastern Alliance for Greenhouse Action (EAGA) Executive Committee Meets quarterly at 4.00pm on a Wednesday, location rotated between participating Councils. 1 Councillor representative: Municipal Association of Victoria (MAV) Attendance required at 2 State Council Meetings per year and Annual Conference Representative: Cr Klisaris Substitute: Victorian Local Governance Association (VLGA) Holds monthly ‘Leading Edge’ forums (except for January) on a Thursday at 6pm. Meetings held at VLGA offices, 60 Leicester Street, Carlton – all Councillors are welcome to attend. Delegate to attend Annual General Meeting. Delegate: Mayor or nominated Councillor representative Stonnington Cycling Reference Group Meets quarterly on a Wednesday at 6pm at the Depot 2 Councillor Representatives (one as Chair) Access Stonnington Committee Meets the second Tuesday of every second month in the Dining Room, Malvern Town Hall from 5.30-7.30pm. Delegate: Ethnic Services Committee Meets quarterly on a Thursday (from 10 – 11.30am) at the Prahran Town Hall Delegate (who will Chair the meeting): History Committee Meets quarterly on a Thursday morning at 10am in the Stonnington History Centre Two Councillor Representatives (one as Chair)