Minutes of Ordinary Council Meeting

Ordinary Council Meeting Minutes 20 August 2019

MINUTES OF City of Vincent
Ordinary Council Meeting
HELD AT THE Administration and Civic Centre
244 Vincent Street, Leederville
ON Tuesday, 20 August 2019 AT 6pm

PRESENT: Mayor Emma Cole Presiding Member

Cr Susan Gontaszewski South Ward

Cr Alex Castle North Ward

Cr Joanne Fotakis North Ward

Cr Jonathan Hallett South Ward

Cr Roslyn Harley North Ward

Cr Dan Loden North Ward

Cr Jimmy Murphy South Ward

Cr Joshua Topelberg South Ward

IN ATTENDANCE: David MacLennan Chief Executive Officer

Andrew Murphy Executive Director Infrastructure & Environment

John Corbellini A/Executive Director Community & Business Services

Stephanie Smith A/Executive Director Planning & Place

Meluka Bancroft Manager Governance, Property & Contracts

Jay Naidoo Manager Development & Design

Joslin Colli Coordinator Planning Services

Sharron Kent Council Support Officer

Media: Nil.

Public: Approximately 11 members of the public.

1 Declaration of Opening / Acknowledgement of Country

The Presiding Member, Mayor Emma Cole declared the meeting open at 6.06pm and read the following Acknowledgement of Country statement:

“The City of Vincent would like to acknowledge the Traditional Owners of the land, the Whadjuk people of the Noongar nation and pay our respects to Elders past, present and emerging”.

2 Apologies / Members on Leave of Absence

Nil.

3 (A) Public Question Time and Receiving of Public Statements

The following is a summary of questions and submissions received and responses provided at the meeting. This is not a verbatim record of comments made at the meeting.

3.1 Norelle O’Neill of Mount Hawthorn - Item 11.5

· Supports the underlying principles of pop-up play;

· Raised concerns on the following components of the report: consultation, workshop, impacts on the environment, ongoing monitoring, conflicts with users, safety; and

· Requested a full cost breakdown of the Brittania Reserve pop-up play infrastructure.

The Presiding Member Mayor Emma Cole thanked Ms O’Neill for her comments.

3.2 David Wilson of Mount Hawthorn – Items 9.6 and 9.7

· Referred to 5 February 2019 Council resolution refusing the application and reasons for refusal; and

· Spoke against the application for reasons of: adverse impact, solar restrictions, does not meet provisions set by Council, not keeping to streetscape, non-compliant landscaping and canopy maturity.

The Presiding Member Mayor Emma Cole thanked Mr Wilson for his comments.

3.3 Paul Black of Mount Hawthorn – Item 9.5

· Spoke in support of the application; and

· Concerned about possible reasons for refusal: character retention, setback and sub-division.

The Presiding Member Mayor Emma Cole thanked Mr Black for his comments.

3.4 Aaron Sta Maria of Urbanista Town Planning of Perth – Items 9.6 and 9.7

· Spoke in support of the application; and

· Stated that the application was consistent with planning requirements.

The Presiding Member Mayor Emma Cole thanked Mr Sta Maria for his comments.

3.5 Corey Freeman of Mount Hawthorn – Items 9.6 and 9.7

· Spoke against the application for reasons of: minimal change between this and the last submission in 2018, community objections remain unchanged, disagreement with streetscape characteristics; and

· Concerned about the validity of the request to compromise on bulk and scale of the landscaping and canopy which in itself is not in keeping with the supposed characteristic of streetscape.

The Presiding Member Mayor Emma Cole thanked Mr Freeman for his comments.

There being no further speakers, Public Question Time closed at approximately 6.22pm.

(B) Response to Previous Public Questions Taken On Notice

Nil.

4 Applications for Leave of Absence

Council Decision

Moved: Cr Harley, Seconded: Cr Castle

That Cr Jonathan Hallett’s request for a leave of absence for the period 20-25 October 2019 to travel interstate be approved.

Carried Unanimously (9-0)

For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg

Against: Nil

5 The Receiving of Petitions, Deputations and Presentations

The Council received the following Deputations:

5.1 Katharina Popp of Kindling Creative, Leederville – Item 11.5

Speaking to slides Katharina stated that:

· She has gotten to know ‘play’ and Pop-Up Play over the past 3 years;

· Pop-Up Play addresses importantly issues with ‘play’: ‘independent mobility’, ‘risky play’, ‘variablity in play’, ‘intergenerational and expansive play’ and ‘activating public spaces’;

· The street is the “starting point for all journeys” – quote from Tim Gill 2007, play expert and consultant, www.rethinkingchildhood.com who links the health of the City directly to the ability to see the children who are playing out - “Children are an indicator species for cities”;

· The lack of independent play and independent mobility has recently been linked to increases in anxiety and depression on young people – Pop-Up Play allows them to make decisions as there is no predetermined way to use the space;

· Brittania Park has been constantly activated and full with people of all ages using the space which means it is now opened up and it feels safer, lighter and brighter;

· Caters to a broad range of ages and abilities by design – for example, bigger jumps and smaller jumps – encourages intergenerational play which is rare today;

· Rae Street Play Street has completed training and become members of boards including Play Australia WA which is underpinned by Article 31: children’s right to play, accessed and chosen freely;

· The barriers to free play in Australia today is general lack of open spaces, and spaces that offer choice of how to play;

· We hear a lot about ‘risk’ in play but that’s changing and being addressed by a number of oganisations including Kid-Safe – making an area ‘safe enough’ – the ability to access risk and to learn to judge a risk and deal with the consequences is a part of growing up (ie. ‘as safe as necessary’);

· Pop-Up Play invites creativity and participation and a great way to activate public spaces and increase feeling of safe, liveable neighbourhoods – roaming ranges are increasing beyond the front gate.

The Presiding Member Mayor Emma Cole thanked Ms Popp for her Deputation.

5.2 Damien Caraher of Matthews & Scavalli Architects, Applecross – Item 9.6 and Item 9.7

Speaking to slides Damien stated that:

· He requested that that point 1(b) from the 5 February 2019 Ordinary Council Meeting related to the compatability of the garages be expanded with some quantitative data as judging compatability is somewhat objective as seen in the latest planning assessment and disagrees with the officers conclusions;

· The main issue is garage dominance: doesn’t meet design principles and deemed to comply requirements - height, bulk, scale, orientation and appearance of the development;

· Disagrees with the following key points raised in the report:

o Egina Street is characterised by single and two-storey single houses that present double garages to the street;

o There are no examples of double garages that occupy greater than 50 percent of the lot width;

o The cumulative effect of the street setback, proposed canopy coverage and inclusion of an open-faced balcony to the street façade assists with mitigating the overall impact of building bulk and scale;

o There is potential for the creation of lots through subdivison that comply with the planning framework that have a side-to-side lot configuration, including along Egina Street. This is relevant when considering the future streetscape character of Egina Street.

The Presiding Member Mayor Emma Cole thanked Mr Caraher for his Deputation.

6 Confirmation of Minutes

COUNCIL DECISION

Moved: Cr Loden, Seconded: Cr Fotakis

That the Minutes of the Ordinary Meeting of Council held 23 July 2019 be confirmed as a true and correct record.

Carried Unanimously (9-0)

For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg

Against: Nil

7 Announcements by the Presiding Member (Without Disussion)

The Presiding Member Emma Cole made the following announcements:

7.1 Native Plant Sale – North Perth Common

The City tried something new on the weekend - we moved our native plant sale away from the library where it has been for an incredibly long time to our new North Perth Common, which is our new square in the heart of North Perth. It is about trying to really get some activation and a good variety of events happening in that space and it was fantastic to see that it resulted in a record attendance and record plant sales - also aided by the fact that we finally got an EFTPOS machine happening and our plant sales have increased, we have entered the 21^st century! Lots of positive feedback from people who attended, who hadn’t actually experienced the Common in its closed form, closed to cars and lots of room to move – people found it a great space and a lot of people commented they were off for breakfast/coffee and they were making the most of being in the town centre, so that was a great result.

7.2 EOI for Free Events in the North Perth Common

The City is about to release an EOI for free events in the North Perth Common. Currently we are working with North Perth Local, our local town team. We have 34 events scheduled already for the coming year. The EOI is going out to say to people who want to host an event we are going to waive hire fees, potentially be able to support events with in-kind support and our grants and it’s about trying to get as much activity happening in that North Perth town centre. Equally, we have offered to Beaufort Street Network, the Mary Street Piazza for free use and to Leederville Connect, the Leederville Village Square for free use. Leederville Connect is already making full use of that and they are holding a series of events coming up, including ‘Eaterville’. So that’s a great result.

7.3 FOGO 3 Bin System

The City is taking its first step in consultation with the community over the introduction of the FOGO 3 bin system. We will be doing a lot of consultation over the new system as we do recognise it’s a significant change at the doorstop for our residents. This is really kick starting the process – it’s a relatively simple survey trying to raise awareness that we are embarking on this engagement process to ask people their circumstances in terms of their dwelling, and to ask them whether they have any comments or concerns so that we can identify where people have questions, the sorts of issues they may have concerns about and we can directly work with residents to have a smoother rollout as soon as possible and to talk to community about any issues before we roll out in October 2020. We typically find about 55% of our green lid bin is food and garden organics and we stand to not only divert a lot of waste from landfill but over time save money in our landfilling costs because of the landfill levy growing more and more. This meets our target of trying to achieve zero waste landfill by 2028 so this is a significant step forward for us. Submissions close
6 September 2019.

7.4 Sunday – Community Business Pitch

On Sunday 18 August 2019 I attended the Pirate Bar in Mount Hawthorn for Transition Town Vincents Vincent Soup event which is a micro granting program where people who want to start a new community group or event or something to add to the community, pitch to the audience – everybody pays $10 and they get soup and a vote. It’s a very simple idea but it results in some really great outcomes. Last year this resulted in the Vincent Community Kitchen idea getting off the ground and Teresa, who has been running that out of the North Perth Town Hall, came back to report that over the last year the initiative - which brings people together to cook with food that’s been donated that would otherwise go in the bin – has saved 1,000kg of food and they see 50-60 people per month come together at the North Perth Town Hall to cook together and spend time together, so it’s really a lovely initiative bringing people together. Phil won the day with his idea of a tool library in Vincent and great to see that he was thinking beyond tools to cake tins and sharing of camping equipment – so that really caused quite a lot of excitement in the audience! So I just wanted to raise that some of these events really do bring people together and the Transition Town Vincent has done a great idea with bringing sustainable ideas to life with really good community benefit so well done to them.

8 Declarations of Interest

8.1 Cr. Dan Loden disclosed a conflict of impartiality interest in Item 9.5 No. 11 (Lot: 1; D/P: 12979) Buxton Street, Mount Hawthorn – Proposed Single House. The extent of his interest in this matter is that he knows one of the people located within the consultation area through his son’s school.

8.2 Mayor Emma Cole disclosed a conflict of impartiality interest in Item 9.5 No. 11 (Lot: 1; D/P: 12979) Buxton Street, Mount Hawthorn – Proposed Single House. The extent of her interest in this matter is that she is a friend of one of the submitters, through her children formerly being in the same playgroup.

8.3 Cr Dan Loden disclosed a conflict of impartiality interest in Item 9.6 No. 48 (Lot: 202; D/P: 413236) Egina Street, Mount Hawthorn – Proposed Single House. The extent of his interest in this matter is that he has a personal association with one of the affected residents through his involvement in the Fathering project.

8.4 Cr Dan Loden disclosed a conflict of impartiality interest in Item 9.7 No. 48A (Lot: 201; D/P: 413236) Egina Street, Mount Hawthorn – Proposed Single House. The extent of his interest in this matter is that he has a personal association with one of the affected residents through his involvement in the Fathering project.

8.5 Chief Executive Officer, David MacLennan, disclosed a conflict of financial interest in Item 17.1 Chief Executive Officer’s Annual Performance Review October 2018 – June 2019. The extent of his interest in this matter is that it relates to his performance in the role of Chief Executive Officer, his remuneration and his contract of employment with the City.

REPORTS

The Presiding Member, Mayor Emma Cole, advised the meeting of:

(a) Items which are the subject of a question, comment or deputation from Members of the Public, being:

Item 9.5 No. 11 (Lot: 1; D/P: 12979) Buxton Street, Mount Hawthorn – Proposed Single House

Item 9.6 No. 48 (Lot: 202; D/P: 413236) Egina Street, Mount Hawthorn – Proposed Single House

Item 9.7 No. 48A (Lot: 201; D/P: 413236) Egina Street, Mount Hawthorn – Proposed Single House

Item 11.5 Pop Up Play Consultation Results

(b) Items which require an Absolute Majority decision which have not already been the subject of a public question/comment, being:

Item 9.8 Food Stallholder Fees – Minor Review

Item 12.3 Annual Corporate Business Plan Review and Update

Item 9.5 No. 11 (Lot: 1; D/P: 12979) Buxton Street, Mount Hawthorn – Proposed Single House

Item 9.6 No. 48 (Lot: 202; D/P: 413236) Egina Street, Mount Hawthorn – Proposed Single House

Item 9.7 No. 48A (Lot: 201; D/P: 413236) Egina Street, Mount Hawthorn – Proposed Single House

Item 17.1 Chief Executive Officer’s Performance and Remuneration Review 2018-2019 and Draft CEO Key Performance Indicators 2019-2020

The Presiding Member, Mayor Emma Cole, requested Council Members to indicate:

(d) Items which Council Members wish to discuss which have not already been the subject of a public question/comment or require an absolute majority decision and the following was advised:

COUNCIL MEMBER	ITEMS TO BE DISCUSSED
Cr Harley	11.2 Authorisation of Expenditure for the Period 1 July 2019 – 31 July 2019
Cr Fotakis	11.4 Draft Safer Vincent Plan 2019-2022
Cr Hallett	13.1 Notice of Motion – Cr Dan Loden – Asbestos Awareness
Cr Murphy	12.4 2019 Organisational Review
Cr Topelberg	9.4 No. 377 (Lot: 162; D/P: 2630) Walcott Street, Coolbinia – proposed Four Multiple Dwellings (Amendment to Approval)

The Presiding Member, Mayor Emma Cole therefore requested the Chief Executive Officer, David MacLennan to advise the meeting of:

(e) Unopposed items which will be moved “En Bloc”, being:

Item 9.1 No. 161 (Lot: 890; D/P: 413584) Loftus Street, Leederville – Ten Multiple Dwellings (Amendment to Approval)

Item 9.2 No. 12 (Lot: 4, S/P: 78266) Nova Lane, North Perth – Single Dwelling

Item 9.3 Nos. 17-39 9lot: 38-44; D/P: 613) Robinson Avenue, Perth – Alterations and Additions to Hotel (Amendment to Approved – Unauthorised Existing Development)

Item 10.1 Minor Parking Restriction Improvements/Amendments

Item 11.1 Investment Report as at 31 July 2019

Item 11.3 Financial Statements as at 31 July 2019

Item 12.1 Information Bulletin

Item 12.2 Adoption of Council Election Period Policy

(f) Confidential Reports which will be considered behind closed doors, being:

Item 17.1 Chief Executive Officer’s Performance and Remuneration Review 2018-2019 and Draft CEO Key Performance Indicators 2019-2020

Items Approved "En Bloc":

The following Items were adopted unopposed and without discussion “En Bloc”, as recommended:

Council Decision

Moved: Cr Castle, Seconded: Cr Loden

That the following unopposed items be adopted “En Bloc”, as recommended:

Item 9.1 No. 161 (Lot: 890; D/P: 413584) Loftus Street, Leederville – Ten Multiple Dwellings (Amendment to Approval)

Item 9.2 No. 12 (Lot: 4, S/P: 78266) Nova Lane, North Perth – Single Dwelling

Item 9.3 Nos. 17-39 (Lot: 38-44; D/P: 613) Robinson Avenue, Perth – Alterations and Additions to Hotel (Amendment to Approved – Unauthorised Existing Development)

Item 10.1 Minor Parking Restriction Improvements/Amendments

Item 11.1 Investment Report as at 31 July 2019

Item 11.3 Financial Statements as at 31 July 2019

Item 12.1 Information Bulletin

Item 12.2 Adoption of Council Election Period Policy

carried Unanimously (9-0)

For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg

Against: Nil

9.2 No. 12 (Lot: 4, S/P: 78266) Nova Lane, North Perth - Single Dwelling

TRIM Ref: D19/94233

Author: Natasha Trefry, Urban Planning Advisor

Authoriser: Joslin Colli, Coordinator Planning Services

Ward: North

Attachments: 1. Consultation and Location Plan

2. Development Plans

3. Streetscape Analysis

4. Applicant Justification

5. Determination Advice Notes

Recommendation:

That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES, the development application for Single Dwelling at No. 12 (Lot: 4; S/P: 78266) Nova Lane, North Perth in accordance with the plans in Attachment 2, subject to the following conditions, with the associated advice notes in Attachment 5:

1. Boundary Walls

The owners of the subject land shall finish and maintain the surface of the boundary walls facing No. 12A Nova Lane and No. 10A Nova Lane in a good and clean condition prior to the practical completion of the development and thereafter maintained to the satisfaction of the City. The finish of the walls are to be fully rendered or facebrick to the satisfaction of the City;

2. Landscaping Plan

2.1 A detailed landscape and reticulation plan for the development site and adjoining road verge, to the satisfaction of the City, shall be lodged with and approved by the City prior to lodgement of a Building Permit. The plan shall be drawn to a scale of 1:100 and show the following:

· The location and type of proposed trees and plants;

· Areas to be irrigated or reticulated;

· The provision of 15 percent of the site area as deep soil zone and 30 percent canopy cover at maturity; and

2.2 All works shown in the plans as identified in Condition 2.1 above shall be undertaken in accordance with the approved plans to the City’s satisfaction, prior to occupancy or use of the development and maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers;

3. Sight Lines

No walls, letterboxes or fences above 0.75 metres in height to be constructed within the 1.5 metre of where:

3.1 walls, letterboxes or fences adjoin vehicular access points to the site; or

3.2 a driveway meets a public street; or

3.3 two streets intersect; unless otherwise approved by the City of Vincent;

4. Stormwater

All stormwater produced on the subject land shall be retained on site, by suitable means to the full satisfaction of the City;

5. Car Parking and Access

5.1 The car parking and access areas shall be sealed, drained and paved in accordance with the approved plans and are to comply with the requirements of AS2890.1 prior to occupancy or use of the development;

5.2 Vehicle access points are required to match into existing right of way levels; and

5.3 All new crossovers shall be constructed in accordance with the City’s Standard Crossover Specifications;

6. Visual Privacy

Prior to occupancy or use of the development, all windows from the Master Suite, Kitchen and Family/Dining area shall be glazed in an obscure material and permanently fixed to comply in all respects with the requirements of Clause 5.4.1 of the Residential Design Codes (Visual Privacy) deemed-to-comply provisions, to the satisfaction of the City;

7. External Fixtures

All external fixtures, such as television antennas (of a non-standard type), radio and other antennaes, satellite dishes, solar panels, external hot water heaters, air conditioners, and the like, shall not be visible from the street(s), are designed integrally with the building, and be located so as not to be visually obtrusive; and

8. Detailed Schedule of External Finishes

Prior to the commencement of development a detailed schedule of external finishes (including materials and colour schemes and details) shall be submitted to and approved by the City. The development shall be finished in accordance with the approved schedule prior to the use or occupation of the development.

Council Decision Item 9.2

Moved: Cr Castle, Seconded: Cr Loden

That the recommendation be adopted.

Carried Unanimously “En Bloc” (9-0)

For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg

Against: Nil

9 Planning and Place

9.6 No. 48 (Lot: 202; D/P: 413236) Egina Street, Mount Hawthorn - Proposed Single House

TRIM Ref: D19/101127

Author: Clair Morrison, Urban Planner

Authoriser: Jay Naidoo, Manager Development & Design

Ward: North

Attachments: 1. Consultation and Location Map

2. Development Plans

3. Summary of Submissions - Administration's Response

4. Determination Advice Notes

Recommendation:

That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application for the proposed Single House at No. 48 (Lot: 202; D/P: 413236) Egina Street, Mount Hawthorn, in accordance with the plans in Attachment 2, subject to the following conditions, with the associated determination advice notes in Attachment 4:

1. Simultaneous Construction

1.1 The owners must enter into a legal agreement with the City of Vincent drafted by the City’s solicitors at the expense of the owners which is to:

1.1.1 Require the owners to construct and complete the Single House simultaneously with the Single House approved on 20 August 2019 for the adjoining lot at No. 48A Egina Street, Mount Hawthorn;

1.1.2 Provide that the Single House must not be occupied until the Single House at No. 48A Egina Street, Mount Hawthorn is completed; and

1.1.3 Entitle the City to lodge an absolute caveat against the certificate of title for No. 48 Egina Street, Mount Hawthorn preventing its disposal until the person to whom it is disposed enters into an agreement with the City to abide by the agreement with the owners;

1.2 Works relating to the single house must not be commenced until the agreement in condition 1.1 has been executed by the owners and the City; and

1.3 The owners must abide by the terms of the agreement referred to in condition 1.1;

2. Boundary Walls

The owners of the subject land shall finish and maintain the surface of the boundary (parapet) walls facing No. 46 Egina Street in a good and clean condition prior to occupation or use of the development. The finish of the walls is to be fully rendered or face brickwork to the satisfaction of the City;

3. External Fixtures

All external fixtures and building plant, including air conditioning units, piping, ducting and water tanks, shall be located so as to minimise any visual and noise impact on surrounding landowners, and shall be screened from view from the street, and surrounding properties to the satisfaction of the City;

4. Stormwater

All stormwater produced on the subject land shall be retained on site, by suitable means to the full satisfaction of the City;

5. Landscaping

5.1 A detailed landscape and reticulation plan for the development site and adjoining road verge to the City’s satisfaction is be lodged with and approved by the City prior to commencement of the development. The plan shall be drawn to a scale of 1:100 and show the following:

· The location and type of existing and proposed trees and plants;

· Areas to be irrigated or reticulated; and

· A canopy cover of at least 21.8 percent;

5.2 All works shown in the plans as identified in Condition 5.1 above shall be undertaken in accordance with the approved plans to the City’s satisfaction, prior to occupancy or use of the development and maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers; and

6. Schedule of External Finishes

Prior to commencement of development a detailed schedule of external finishes (including materials and colour schemes and details) shall be submitted to and approved by the City. The development shall be finished in accordance with the approved schedule prior to the use or occupation of the development.

Council Decision Item 9.6

Moved: Cr Loden, Seconded: Cr Fotakis

That the recommendation be adopted.

lost (0-9)

For: Nil

Against: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg

Alternative Recommendation

Moved: Cr Loden, Seconded: Cr Fotakis

That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, REFUSES the application for the proposed Single House at No. 48 (Lot: 202; D/P: 413236) Egina Street, Mount Hawthorn, and accompanying plans in Attachment 2 for the following reasons:

1. As a consequence of the bulk, scale and dominating appearance of the proposed single house and garage, the proposed development:

1.1 Is not an appropriate design for the context of the place and is inconsistent with Objective 1.3.1(a) of State Planning Policy 7.3: Residential Design Codes – Volume 1;

1.2 Is not compatible with the established residential area in which it is located and is inconsistent with an objective of the Residential zone under the Scheme;

1.3 Is not compatible with its setting (Clause 67(m) of the Deemed Provisions in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015); and

1.4 Would have an adverse amenity impact on the amenity and detrimental impact on the character of the locality (Clause 67(n) of the Deemed Provisions in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015;

2. Contrary to an objective of the Residential zone under the Scheme, the design of the proposed development is contrary to sustainability principles because the landscaping design would restrict solar access and ventilation to private open space areas of the single house; and

3. Adequate landscaping on-site has not been provided to reduce the impact of the proposed development on adjoining properties and the streetscape (Clause 67(p) of the Deemed Provisions in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015).

REASON

The proposed development is not appropriate and not compatible in this locality in considering the matters to which Council must have due regard in making its decision with respect to a development application and in considering community submissions. The proposed single house and garage does not result in an acceptable level of bulk and scale, and the proposed built form outcome is not consistent with the established Egina Street streetscape.

carried Unanimously (9-0)

For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg

Against: Nil

Ordinary Council Meeting Minutes 20 August 2019

9.7 No. 48A (Lot: 201; D/P: 413236) Egina Street, Mount Hawthorn - Proposed Single House

TRIM Ref: D19/101126

Author: Clair Morrison, Urban Planner

Authoriser: Jay Naidoo, Manager Development & Design

Ward: North

Attachments: 1. Consultation and Location Map

2. Development Plans

3. Summary of Submissions - Administration Response

4. Determination Advice Notes

Recommendation:

That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application for the proposed Single House at No. 48A (Lot: 201; D/P: 413236) Egina Street, Mount Hawthorn, in accordance with the plans in Attachment 2, subject to the following conditions, with the associated determination advice notes in Attachment 4:

1. Simultaneous Construction

1.1 The owners must enter into a legal agreement with the City of Vincent drafted by the City’s solicitors at the expense of the owners which is to:

1.1.1 Require the owners to construct and complete the single house simultaneously with the Single House approved on 20 August 2019 for the adjoining lot at No. 48 Egina Street, Mount Hawthorn;

1.1.2 Provide that the Single House must not be occupied until the Single House at No. 48 Egina Street, Mount Hawthorn is completed; and

1.1.3 Entitle the City to lodge an absolute caveat against the certificate of title for No. 48A Egina Street, Mount Hawthorn preventing its disposal until the person to whom it is disposed enters into an agreement with the City to abide by the agreement with the owners;

1.2 Works relating to the Single House must not be commenced until the agreement in condition 1.1 has been executed by the owners and the City; and

1.3 The owners must abide by the terms of the agreement referred to in condition 1.1;

2. Boundary Walls

The owners of the subject land shall finish and maintain the surface of the boundary (parapet) walls facing Nos. 48 and 50 Egina Street in a good and clean condition prior to occupation or use of the development. The finish of the walls is to be fully rendered or face brickwork to the satisfaction of the City;

3. External Fixtures

4. Stormwater

All stormwater produced on the subject land shall be retained on site, by suitable means to the full satisfaction of the City;

5. Landscaping

· The location and type of existing and proposed trees and plants;

· Areas to be irrigated or reticulated;

· A canopy cover of at least 23.2 percent; and

· A minimum of one Weeping Peppermint tree of a 45 litre capacity shall be planted within the road verge as shown in the development approval plans.

6. Schedule of External Finishes

Council Decision Item 9.7

Moved: Cr Loden, Seconded: Cr Topelberg

That the recommendation be adopted.

lost (0-9)

For: Nil

Against: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg

Alternative Recommendation

Moved: Cr Loden, Seconded: Cr Topelberg

That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, REFUSES the application for the proposed Single House at No. 48A (Lot: 201; D/P: 413236) Egina Street, Mount Hawthorn, and accompanying plans in Attachment 2 for the following reasons:

1. As a consequence of the bulk, scale and dominating appearance of the proposed single house and garage, the proposed development:

1.1 Is not an appropriate design for the context of the place and is inconsistent with Objective 1.3.1(a) of State Planning Policy 7.3: Residential Design Codes – Volume 1;

1.2 Is not compatible with the established residential area in which it is located and is inconsistent with an objective of the Residential zone under the Scheme;

1.3 Is not compatible with its setting (Clause 67(m) of the Deemed Provisions in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015); and

2. Contrary to an objective of the Residential zone under the Scheme, the design of the proposed development is contrary to sustainability principles because the:

2.1 landscaping design would restrict solar access and ventilation to private open space areas of the single house; and

2.2 building design, including a two storey boundary wall, would restrict solar access and ventilation to No. 48 Egina Street, Mount Hawthorn;

3. The matters referred to in paragraphs 2.1 and 2.2 would have an adverse impact on the amenity of the occupants of the proposed development; and

4. Adequate landscaping on-site has not been provided to reduce the impact of the proposed development on adjoining properties and the streetscape (Clause 67(p) of the Deemed Provisions in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015).

Amendment to Alternative Recommendation

Moved: Cr Loden, Seconded: Cr Topelberg

That points 1., 2. and 3. of Item 5.7 No. 48A (Lot: 201; D/P: 413236) Egina Street, Mount Hawthorn – Proposed Single House of the Council Agenda Briefing held 13 August 2019, and as set out below, be added to this proposed Alternative Recommendation as points 5., 6. and 7.:

5. The proposed lot boundary wall along the southern lot boundary does not satisfy the Design Principles of Clause 5.1.3 Lot Boundary Setbacks of State Planning Policy 7.3 Residential Design Codes – Volume 1 as the design and materials of the lot boundary wall presents an unacceptable level of building bulk and scale which;

5.1 Has not been designed to reduce the impact of building bulk to No. 48 Egina Street, Mount Hawthorn;

5.2 Results in a detrimental amenity impact to the use and enjoyment of No. 48 Egina Street, Mount Hawthorn; and

5.3 The lot boundary wall does not preserve the visual character of Egina Street, and negatively impacts on the streetscape and character of the street;

6. As a result of the bulk impact of the proposed two-storey boundary wall, the development:

6.1 Is not compatible with the established residential area in which it is located and is inconsistent with an objective of the Residential zone under the Scheme;

6.2 Is not compatible with its setting (Clause 67(m) of the Deemed Provisions in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015); and

6.3 Would have an adverse impact on the amenity and a detrimental impact on the character of the locality (Clause 67(n) of the Deemed Provisions in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015); and

7. The proposed development does not satisfy the Design Principles of Clause 5.4.2 Solar Access for Adjoining Sites of State Planning Policy 7.3 Residential Design Codes – Volume 1 and is contrary to sustainability principles that is an objective of the Residential Zone under the Scheme because:

7.1 The extent of overshadowing falls onto a significant portion of the southern adjoining site behind the street setback line, which restricts solar access to No. 48 Egina Street, Mount Hawthorn; and

7.2 The development does not provide protection of solar access to No. 48 Egina Street, Mount Hawthorn.

REASON

Council is not able to make decisions based upon taste or otherwise and seeks to enforce the planning rules. Council is looking at the planning framework as it exists and through a series of meetings and process we have attempted to give as much feedback as possible to the applicant to explain the issues. Whether it be a renewed application or a mediated outcome we would like to see something that is more sensitive to the area and with the ability to provide adequate landscaping on the southern lot in particular.

carried Unanimously (9-0)

For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg

Against: Nil

Alternative Recommendation AS AMENDED