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Attachments

 

OF Ordinary
COUNCIL MEETING

HELD ON

Tuesday 28 June 2016

AT 6:32pm

 


Attachments - Ordinary Council Agenda                                Tuesday 28 June 2016

 

TABLE OF CONTENTS

5.           SIGNING OF COUNCILLORS CODE OF CONDUCT

Attachment 1  Councillors Code of Conduct 2016……………………………………….5

6.1.1      6-8 Dunstans Court, Thomastown - Construction of 70 warehouses and a café, reduction in the standard car parking requirement and alteration of access to a Road Zone Category 1

Attachment 1       Locality Maps................................................................................. 23

Attachment 2       Development Plans........................................................................ 25

6.1.2      9 De Castella Close, Mill Park - Construction of two double-storey dwellings to the rear of the existing dwelling

Attachment 1       Locality Maps................................................................................. 39

Attachment 2       Development Plans........................................................................ 41

6.1.3      10 Madison Court, Bundoora - Construction of three two-storey dwellings

Attachment 1       Locality Maps................................................................................. 47

Attachment 2       Development Plans........................................................................ 49

6.1.4      Amendment to the South Morang Activity Centre Development Plan

Attachment 1       Site Context ................................................................................... 55

Attachment 2       Existing Tree Removal Plan for DP............................................... 59

Attachment 3       Proposed Tree Removal Plan for DP............................................ 61

Attachment 4       Proposed Westfield Entertainment Precinct Plans and Perspectives     63

Attachment 5       Photos of trees to be removed....................................................... 67

6.1.5      Green Wedge Management Plan 5 Year Review

Attachment 1       GWMP 5 Year Review Report ...................................................... 71

Attachment 2       GWMP Updated Action Plan ...................................................... 105

6.1.6      Whittlesea Planning Scheme Amendment C197 -MSS Update (Planning Scheme Review Project - Action 3)

Attachment 1       Response to Submissions............................................................ 117

Attachment 2       Amendment C197 – MSS Update (Post Exhibition).................... 129   

6.4.1      Unconfirmed Minutes of Audit & Risk Committee Meeting

Attachment 1       Unconfirmed Minutes of Audit & Risk Committee Meeting 26 May 2016          203

Attachment 2       Annual Internal Audit Plan 2016/17.............................................. 213

6.4.3      Committee of Council Recommendation - Lease - Ashley Park Trust - Ashley Park Community Activity Centre

Attachment 1       Site Plan & Photo......................................................................... 215

6.6.1      YEAR 4 ACTION PLAN -2013/17 COUNCIL PLAN

Attachment 1       MINUTES OF ADVISORY COMMITTEE MEETING................ 217

Attachment 2       YEAR 4 ACTION PLAN............................................................... 223                   

 


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ATTACHMENT 1: RESPONSE TO SUBMISSIONS

SUBMISSION

No.

SUBMISSION

RESPONSE

POST EXHIBITION CHANGES

Submission  Resolved

Submitter 1 –

Metropolitan Planning Authority

 

In support. 

 

The submission notes that the C197 MSS update better reflects State policy in relation to land use and development throughout the municipality, and specifically the growth areas.

Noted

No change

YES

Submitter 2 –

Melbourne Airport

 

The proximity of Melbourne Airport, the existence of the MAEO, the Prescribed Airspace and the need to protect the ongoing operation of the airport are key issues and influences which need to be highlighted better in the MSS.

Noted. 

 

Greater reference is made to some of these matters, in appropriate sections in the MSS. 

 

See below

YES

Clause 21.02– Municipal Profile

The submission states that while Melbourne Airport is acknowledged, greater reference should be made to its importance and the need to protect its on-going operation.  Melbourne Airport is a large employer of the local community and contributes both social and economic benefits to the City of Whittlesea which should not be underestimated.

Noted.

 

Cl 21.02-3 of the MSS has been amended to recognise the important role Melbourne Airport has on the local economy and the need to protect its on-going operation.

 

Add under Cl 21.02-3 – Key Issues

Economic Development:

Proximity and access to Melbourne Airport provides competitive advantages for the municipality. 

Planning for urban growth and employment aims to safeguard the on-going, curfew free operation of Melbourne Airport.

 

Transportation:

Proximity to Melbourne Airport, the main gateway to Victoria also provides access to air freight and other growth opportunities.

 

Clause 21.04 - Settlement

The submission requests that the Melbourne Airport Environs Overlay (MAEO) and the impact of aircraft noise on the community be identified.  In particular, it suggests identifying the impact of noise contours and referencing the N contours contained in the Melbourne Airport Master Plan.

It is not the role of the MSS to identify specific overlays.

 

Cl 18.04 of the State Planning Policy Framework (SPPF) identifies the need to protect airports from incompatible land uses and requires consideration be given to the National Airport Safeguarding Framework, Melbourne Airport Master Plan and Melbourne Airport Strategy.

 

Opportunities exist for Melbourne Airport to liaise with DELWP and all affected Councils to strengthen the SPPF and local planning provisions to protect the airport and manage these impacts.  The MSS has been amended to include this.

Add under Cl 21.04 – Settlement

 

Further strategic work:

Support options for strengthening local planning provisions to protect Melbourne Airport and manage the impacts on the community.

 

 

 

Clause 21.04 - Settlement

The submission suggests referring to the existing requirements of the Airports (Protection of Airspace) Regulations 1996.  It notes that councils with boundaries that fall within Melbourne Airport’s protected air space are required to review all development applications they receive for any infringements of prescribed airspace.

Cl 18.04-1 of the SPPF identifies the policy guidelines to be considered in relation to airports, including the National Airport Safeguarding Framework and Melbourne Airport Master Plan, which implement the Airport Regulations 1996. The MSS must remain consistent with the SPPF.

 

Notwithstanding, Cl 21.04 has been amended (as above) to recognise the need to support options to strengthen the local planning provisions to protect the airport, in response to relevant documents.

See above. 

 

 

 

Clause 21.11 - Transport

The submission requests that Melbourne Airport be referenced in this clause in terms of its proximity to the City of Whittlesea and the MAEO controls that affect a portion of the municipality.

Cl 21.11 of the MSS relates to integrated transport planning and sustainable modes of travel.  Reference to the proximity of Melbourne Airport is not appropriate in this section.  Instead, Cl 21.03-3, which provides an overview of the municipality, has been amended (as above) to include recognition of Melbourne Airport.

 

Further, reference to the Melbourne Airport Environs Overlay (MAEO) in this section of the MSS is not appropriate as the MAEO is already identified as an overlay.

 

Also, Cl 21-04 has been amended to reflect the need to support options to strengthen the local planning provisions through the further strategic work (as above).

See above.

 

Clause 21.11 - Transport

The submission requests that the Integrated Transport map (Plan 08) include the airport environs overlay (MAEO) that affects part of the municipality. It suggests that it is necessary to show that some land is affected by aircraft noise to understand the relationship between transport and accessibility in relation to Melbourne Airport.

The MAEO is identified in Planning Scheme Map 20MAEO.  Cl 45.08 of the Scheme identifies the decision making guidelines in relation to land affected by the MAEO.  It is not appropriate for the Integrated Transport map (Plan 08) in the MSS to show specific overlays.  This map identifies the major transport routes in the municipality, not the potential hazards of major transportation.  Sufficient guidance is provided in other sections of the planning scheme in relation to the MAEO.

 

No change

Submitter 3 –

Environment Protection Authority

The submission suggests that to minimise adverse amenity impacts on residents, Council:

 

(a)   Manage residential encroachment onto existing industrial areas by ensuring adequate separation to avoid adverse amenity impacts of odour, dust and noise.

(b)   Recommend using EPA Publication 1518, Recommended Separation Distances for Industrial Residual Air Emissions, 2013 as a guide to ensure adequate separation distances are met.

Noted. 

 

The exhibited MSS (Cl 21.10 – Economic Development) identifies the importance of providing adequate separation and buffer areas between sensitive land use and high impact industries such as extractive industry and land fill.

 

Cl 21.04-2 – Urban Growth has been amended to include reference to providing adequate separation of new housing development from industry.

 

Cl 13.04-2 of the SPPF already identifies the Recommended Buffer Distances for Industrial Residual Air Emissions (1990) which has since been replaced by EPA Publication 1518. C197 cannot make changes to the SPPF.

Amend Cl 21.04-2 – Urban Growth:

Furthermore, housing development must continue to be appropriately planned in locations where infrastructure planning can be undertaken effectively, and where suitable measures are provided to minimise adverse amenity impacts from industry and future rail infrastructure.

Add a new Strategy in Cl 21.04-2 – Urban Growth:

Provide for suitable separation of new residential areas from industry, to minimise the potential for adverse amenity impacts.

YES

 

 

The submission suggests that Council should ensure that potentially contaminated land is considered in accordance with the Planning and Environment Act and Ministerial Direction No. 1, where industrial areas or potentially contaminating land uses are transitioning to sensitive uses.

This is already provided for in the SPPF under Cl 13.03-1

No change

 

The submission suggests that Council should consider the Urban Stormwater Best-Practice Environmental Management Guidelines, CSIRO (May 2006) (or other stormwater management policies) to ensure water quality is maintained within the municipality.

Cl 19.03-2 of the SPPF already identifies that this policy guideline should be considered.

 

The exhibited MSS (Cl 21.05-1) also identifies the importance of maintaining water quality.

No change

The submission states that new landfills and developments near landfills are to be in accordance with the Best Practice Environmental Management: Siting, Design, Operation and Rehabilitation of Landfills.  This guideline sets recommended buffer distances to limit adverse amenity impacts.

Cl 19.03-5 of the SPPF already identifies that this policy guideline should be considered in relation to landfills.

 

No change

 

The submission suggests that appropriate distance and noise attenuation should be provided in the planning stages of any residential areas located in close proximity to the future rail lines and stations.

 

Noted. 

 

The exhibited MSS (Cl 21.11-1 – Integrated Transport) identifies the need to minimise the impacts of rail infrastructure on adjacent land uses.  This can be amended to include specific reference to rail noise.

 

Also Cl 21.04-2 – Urban Growth is amended to include reference to minimising the adverse amenity impacts from industry and future rail infrastructure.

Amend Cl 21.11-1 – Integrated Transport:

Strategy 1.9: Minimise the impacts of rail infrastructure and rail noise on adjacent land uses and environmental values.

 

Cl 21.04-2 – Urban Growth amended (as above) to refer to minimising adverse amenity impacts from future rail infrastructure

 

Add a new Strategy in Cl 21.04-2 – Urban Growth:

Provide for suitable measures to protect the amenity of new residential areas in close proximity to future rail infrastructure, to minimise the potential for noise impacts.

 

Submitter 4 

Vic Roads

No objection

Noted

No change

YES

Submitter 5 –

Planisphere on behalf of Places Victoria

The submission requests that the Aurora Town Centres and employment land be specifically referenced in the MSS.  In particular:

·      where reference is made to future town centres or neighbourhood centres, Aurora Town Centres should be listed;

 

·      where reference is made to the role town centres play in the Whittlesea economy (i.e. Cl 21.10 and 21.10-1), it is acknowledged that Aurora’s Town Centres are identified as “neighbourhood centre” in the hierarchy; however key employment land should be listed, with specific reference to the South Precinct of Aurora as a modern, mixed use employment precinct

The exhibited MSS only identifies ‘future’ town centres and neighbourhood centres in Plan 01 – Municipal Framework.  The Aurora Town Centres are identified in this Plan as “Neighbourhood Centres” in the centres hierarchy.

 

To reflect the strategic importance of the Town Centres and employment land in Aurora, Plan 07 - Economic Development can be amended to identify this as “Proposed commercial/employment areas”.

 

 

Amend Plan 07 - Economic Development to include the Aurora Town Centres as “Proposed commercial/ employment area”.

YES

 

Places Victoria submits that strategic reference be made to the Aurora Town Centres to ensure there is strategic justification in the Planning Scheme for future commercial applications in the precincts, or any future proposal for amendments to the Development Plan that applies to Aurora.

 

The success of the Aurora Town Centres will play a significant role in fulfilling the objectives of providing a high level of self-containment for new residential communities.  However Council also needs to be cognizant of the impact that expanding the role of smaller centres will have on the future viability of identified major and metropolitan centres.

 

Plan 07 - Economic development will be amended to show the Aurora Town Centre (south) and the Southern Precinct containing commercial development as “Proposed Commercial Development”.

Cl 21.02-3 - Economic Development has been amended to include recognition of the role Development Plans have in supporting self-containment for new residential communities.

 

Cl 21.10-1 - Employment Opportunities has also been amended to include reference to ‘other designated areas’ that may be  earmarked for commercial, industrial, office or other employment generating uses.  This provides further support to the Aurora Development Plan in the MSS.

Amend Cl 21.02-3 - Economic Development:

Planning for identified growth areas aims to achieve a high level of self-containment with employment land being provided where appropriate and as identified in Precinct Structure Planning and Development Plans

 

Plan 07 - Economic Development is amended to identify Aurora South and Southern Precinct Town Centres as “ Proposed commercial/ employment area”

 

Amend Cl 21.10-1 Employment Opportunities:

Strategy 1.4: Commercial, industrial and office development and employment generating uses within Thomastown Industrial Area and other designated areas.

 

 

Submitter 6 –

Bindu Shorma

(with a petition of 20 signatures attached)

The submission objects to the status of the Peter Lalor Housing Estate as Neighbourhood Residential Zone.  It requests this area be rezoned to General Residential Zone and Residential Growth Zone.

Changes to the residential zones did not form part of Amendment C197. 

 

Amendment C197 relates to the MSS and provides high level policy direction only.

 

A request for rezoning land would need to occur as part of a separate planning scheme amendment.

No change

NO

Submitter 7 –

Friends of South Morang (FOSM)

FOSM seek the establishment of a formal public partnership with Council to campaign for funding for the light rail extension, as a priority.

 

This does not relate specifically to Amendment C197.

 

This request has been discussed with the Director Partnerships and Engagement for consideration, separate to Amendment C197.

No change

YES

Clause 21.11 – Transport

The submission suggests supporting an integrated inter-modal interchange with light rail, heavy rail, bus and park and ride to support other references in Clause 21.11-1 in relation to integrated transport.

 

 

 

 

 

 

Plan 07 and 08 of the exhibited MSS identify the light rail extending from Bundoora via South Morang, to the intersection of Lakes Boulevard and Plenty Road (where it ends), which reflects previous planning in the area and existing road reservations. 

 

The exhibited MSS (Cl 21.11-1 – Integrated Transport) recognises the need for an integrated transport system and includes an objective and various strategies to support this. 

 

Cl21.11-1 has been amended to strengthen this, and reflect the need to maximise opportunities for connected interchanges.

 

The Plenty Valley Structure Plan will also be focussing on this issue.

Add a new Strategy under Cl 21.11.1 – Integrated Transport:

To ensure the future light rail extension maximises opportunities for integrated multi-modal connections. 

 

 

 

 

 

 

 

 

 

 

 

 

Clause 21.11 – Transport

The submission refers to Clause 21.11.03 - Further Strategic Work which states that more detailed planning of the dedicated light rail corridor ‘will be investigated’ in the Plenty Valley Structure Plan.  The submission states that the light rail corridor has been on Council’s strategic plan for many years and Council should be beyond the investigation stage by now.  It states that the extension should be one of Council’s top 5 infrastructure project and advocacy priorities until the extension is funded by the state government.”  

 

Extending Tram Route 86 is one of Council’s top advocacy priorities; however the MSS cannot be used for advocacy purposes.  The MSS also reflects that the light rail extension is strategically significant to Council and the community.

 

The Draft Plenty Valley Structure Plan, released for consultation in late March, will confirm Council’s position on the light rail extension.  It will provide further detailed planning on the preferred route and how it is integrated with the Town Centre. The Structure Plan will identify a vision, demonstrate a need and provide further rationale for the light rail extension. 

Once Council has consulted with the broader community and has an adopted position for the Plenty Valley Structure Plan and the light rail corridor, including seeking the views of PTV, this can then be included in the planning scheme (and MSS) via a separate planning scheme amendment to implement the Plenty Valley Structure Plan

 

This will further inform Council’s advocacy for the light rail, in line with the broader objectives of planning for the area. 

 

The MSS has been amended to reflect the issue raised, and highlight the role of the Plenty Valley Structure Plan in identifying the light rail corridor.

Amend Cl 21.11.03 under ‘Further Strategic Work’:

The Plenty Valley Structure Plan will identify the location of the dedicated light rail corridor between Bundoora and South Morang. 

 

 

 

Clause 21.13 Local Areas

The submission raises concerns that there is no mention of South Morang, Mernda and other established activity centres in this clause.

The MSS mentions all key activity centres in various clauses throughout the MSS, with South Morang and Mernda mentioned in Clause 21.02-3, 21.04-1, 21.04-2, 21.08-1, and 21.09-4. 

 

The ‘Local Areas’ section of the MSS has a particular purpose which is set out in Planning Practice Note 4: Writing a Municipal Strategic Statement (prepared by the State Government), which guides how the MSS should be prepared. In practice, the ‘Local Areas’ section is used to provide detailed guidance for specific areas on how the general strategies are to be implemented in that area, in particular to include the key findings from adopted structure plans.

 

Epping Central has been included here to reflect its role as a designated Metropolitan Activity Centre and the key outcomes of the adopted Epping Central Structure Plan

 

Once the Plenty Valley Structure Plan (South Morang) is adopted by Council, new content will be included in the ‘Local Areas’ clause to reflect its key outcomes, via a separate planning scheme amendment. 

 

Similarly, other key centres will be added to this clause as a matter of course, when further detailed guidance is available via an adopted structure plan for the specific activity centre.

No change

 

 

Integrated Transport Strategy

 

The submission refers to the Transport Panel identified in Council’s Integrated Transport Strategy, seeking clarification about whether this panel has been established and if so, that it should have community representatives, including FOSM.

 

This does not relate specifically to Amendment C197 or the MSS.

 

This request has been discussed with the Director City Transport & Transportation for follow up, separate to Amendment C197.

 

It is noted that two separate Transport Panels have been established (VicRoads and PTV).  These Panels meet quarterly to exchange information and explore strategic policy and planning issues.  The Panels discuss technical transport planning matters. Any major issues or decisions which affect the community will include consultation processes, as appropriate.

No change

 

 

The submission suggests that Tram 86 should “no longer be termed investigation Stage but in the Development Stage.”

The MSS can only identify the strategic importance of the Tram 86 extension to ensure it is taken account of in relevant planning processes.

 

The Plenty Valley Structure Plan, once adopted will provide further detailed planning on the preferred route for the extension.   

 

Council is not responsible for implementation or development of the tram extension; this is the responsibility of the State Government.  Therefore it is not appropriate for Council to identify it as being at a ‘development’ stage.

 

Notwithstanding, Council will continue to advocate to the State Government for the tram line to be extended, as one of its top advocacy priorities.

No Change

 

Submitter  8 -

CFA

The submission supports the amendment in its current form but requests that greater emphasis to bushfire hazard and bushfire mitigation be identified in the MSS.

 

 

 Cl 13.05 - Bushfire in the SPPF identifies the need to use and develop land in a manner compatible with the risk from bushfire.

 

Council is currently reviewing how bushfire hazards and bushfire mitigation can be dealt with in the Whittlesea Planning Scheme as a separate project.  It is envisaged that this project will identify appropriate local policy content for inclusion in the MSS as part of Council’s local policy response to bushfire risk and mitigation.  Draft bushfire local policy content is anticipated in mid/late 2016.

 

Notwithstanding the outcome of this work, additional content has been identified in consultation with the CFA, for inclusion in the MSS.

Additional new content under Clause 21.02-3 to recognise the bushfire risk within the municipality.

 

Additional new content under Clause 21.07-4 to identify the overarching objective and strategies in minimising the environmental impacts of bushfire risk.

 

Reference to the City of Whittlesea Municipal Fire Management Plan

YES

 

OTHER MATTERS IDENTIFIED

COMMENTS

POST EXHIBITION CHANGES

Municipal Development Guidelines

Correct the reference to the guidelines in the MSS.

Replace the reference to “Municipal Development Guidelines” with: Development Guidelines 2010 Municipal Policy Directions.

Mapping

Correct minor mapping errors.

Amend Plan 01:

·      include in legend: “Future neighbourhood centres”, “Future major activity centres”, “Future Metropolitan”

·      identify on map: Aurora Town Centres (as per the Development Plan) and “Green Wedge Areas”. 

Amend Plan 02 to identify Lockerbie “Future Metropolitan Centre” in legend

Amend Plan 04 to identify the “Green Wedge Areas”.

Amend Plan 07:

·      include in legend: “ Proposed commercial/ employment area” 

·      correct legend to read ‘proposed rail line station’

·      identify on map: Aurora Town Centres as “ Proposed commercial/ employment area”  (similar to Mernda)

Clause 21.05

Reference to Plans corrected

Amend Clause 21.05-1 from Plan 5 to Plan 4 reference

Amend Clause 21.05-3 from Plan 6 to Plan 5 reference.

Clause 21.08-1 - Strategy 2.6

Amend Strategy 2.6 to remove the word “substantial”, in the reference to landscape setbacks.  Whilst landscaping setbacks are generally sought, ‘substantial’ landscape setbacks may not be appropriate for all developments.

Amend Strategy 2.6 in Cl 21.08-1 to read:

“Require frontage treatments and substantial landscape setbacks along existing and planned arterial roads except where they are in a designated activity centre.”

 

Clause 21.10-1 - Strategy 1.4

Amend Strategy 1.4 to identify the major uses intended for the Cooper Street Employment Area and to include reference to the Cooper Street West precinct.

 

Amend Strategy 1.4 in Cl 21.10-1 to read:

“Employment generating industries within the Cooper Street Employment Area (including the Melbourne Wholesale Markets, Cooper Street South West and Cooper Street West) with an emphasis on the food industry, freight, and logistics, office, research and development, high technology, manufacturing and industrial uses.”

Clause 21.10-2

 

Minor correction to Clause 21.10-2 for accuracy and addition for clarity.

Amend Cl 21.10-2 under Implementation: Policy Guidelines to read:

Applying Clause 22.09 Industrial Development Policy to the assessment of new developments in industrial areas

Applying the existing Planning guidelines for Industrial Developments (1997) to the assessment of new developments in industrial areas.

Policy Guidelines

Minor amendment to improve clarity in terms of which policy references apply under particular clauses

Individual policy guideline references have been moved from a consolidated section in the main Clause, to the end of each specific clause.

 


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6.4         Corporate Services                                                                              28 Jun 2016

 


 


 


 


 


 


 


 


 


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6.6         Executive Services                                                                                       28 Jun 2016

 


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