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Agenda

 

OF Ordinary
COUNCIL MEETING

HELD ON

Tuesday 9 May 2017

AT 6.30PM

summons

 

You are advised that a Meeting of Council has been called by the Chief Executive Officer on Tuesday, 9 May 2017 in Council Chamber, 25 Ferres Boulevard, South Morang at 6.30PM for the transaction of the following business.

 

L THOMPSON

ACTING CHIEF EXECUTIVE OFFICER


Ordinary Council Agenda                                                                       Tuesday 9 May 2017

 

 

 

COUNCILLORS

 

RICKY KIRKHAM                            MAYOR, NORTH WARD

JOHN BUTLER                                NORTH WARD

EMILIA LISA STERJOVA               NORTH WARD

NORM KELLY                                  DEPUTY MAYOR, SOUTH EAST WARD

SAM ALESSI                                    SOUTH EAST WARD

ALAHNA DESIATO                         SOUTH EAST WARD

MARY LALIOS                                 SOUTH EAST WARD

LAWRIE COX                                   SOUTH WEST WARD

STEVAN KOZMEVSKI                   SOUTH WEST WARD

CAZ MONTELEONE                       SOUTH WEST WARD

KRIS PAVLIDIS                               SOUTH WEST WARD


Ordinary Council Agenda                                                                       Tuesday 9 May 2017

 

 

 

SENIOR OFFICERS

 

 

LIANA THOMPSON                          ACTING CHIEF EXECUTIVE OFFICER

CATHERINE RINAUDO                    ACTING DIRECTOR COMMUNITY SERVICES

STEVE O’BRIEN                                DIRECTOR PLANNING AND MAJOR PROJECTS

NICK MANN                                       DIRECTOR CITY TRANSPORT & PRESENTATION

HELEN SUI                                        DIRECTOR CORPORATE SERVICES

STEVE WARD                                   ACTING DIRECTOR PARTNERSHIPS & ENGAGEMENT

ANGELO MAMATIS                          TEAM LEADER GOVERNANCE

 


Ordinary Council Agenda                                                                      Tuesday 9 May 2017

 

 

ORDER OF BUSINESS

 

The Acting Chief Executive Officer submits the following business:

1.            Opening.. 9

1.1         MEETING OPENING AND PRAYER.. 9

1.2         ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT.. 9

1.3         Present.. 9

2.            Apologies.. 9

3.            Declarations of Interest.. 9

4.            Confirmation of Minutes of Previous Meeting.. 9

5.            Consideration and Action on Petitions and Joint Letters.. 11

5.1         Petitions.. 11

Nil Reports.. 11

5.2         Joint Letters.. 11

Nil Reports.. 11

6.            Officers' Reports.. 13

6.1         Planning and Major Projects.. 13

6.1.1       8 DOREEN ROGEN WAY, SOUTH MORANG (Riverside Community Activity Centre) - AMEND PLANNING PERMIT TO ALLOW AN INCREASE IN THE NUMBER OF PEOPLE ON THE PREMISES AT ANY ONE TIME, A REDUCTION IN THE STANDARD CAR PARKING REQUIREMENTS AND TO EXTEND THE OPERATING HOURS.. 13

6.1.2       48 Beech Street, Whittlesea - Request for Extension of Time to Planning Permit - Motel, Function Centre, Restaurant and Caretaker's House.. 23

6.1.3       2016/17 Third Quarter New Works Program Report. 35

6.2         Community Services.. 65

Nil Reports.. 65

6.3         City Transport and Presentation.. 67

6.3.1       Road and Public Transport Plan.. 67

6.4         Corporate Services.. 119

6.4.1       FINANCIAL PERFORMANCE REPORT FOR THE PERIOD ENDED 31 MARCH 2017. 119

6.5         Partnerships & Engagement.. 135

6.5.1       Assemblies of Councillors - 9 May 2017. 135

6.6         Executive Services.. 139

Nil Reports.. 139

7.            Notices of Motion.. 141

7.1           Notice of Motion - 824 – Assurance Audit Following Departure of the Chief Executive Officer.. 141

8.            Questions to Officers.. 143

9.            Urgent BusineSS.. 143

10.         Reports from Delegates Appointed BY Council TO Other Bodies.. 143

11.         Questions to CouncillorS.. 143

12.         Confidential Business.. 145

12.1       Planning and Major Projects.. 145

12.1.1    DESIGN SERVICES FOR REDEVELOPMENT OF MILL PARK LEISURE CENTRE CONTRACT 2016-6 - CONTRACT VARIATION REPORT. 145

12.2       Community Services.. 147

12.2.1    Provision of HACC Property Maintenance Services Contract SR111207 - Contract Variation Report. 147

12.3       City Transport and Presentation.. 149

12.3.1    Provision of Pre-Booked Kerbside Greenwaste.. 149

12.3.2    Supply and Installation of Irrigation System Mosaic Ovals - Contract CT1213123 - Finalisation Report. 151

12.4       Corporate Services.. 153

12.4.1    TEMPORARY AGENCY STAFF MANAGEMENT SYSTEM - VARIATION REPORT - CONTRACT 2014-190. 153

12.5       Partnerships & Engagement.. 155

Nil Reports.. 155

12.6       Executive Services.. 157

12.6.1    MEETINGS OF THE CHIEF EXECUTIVE OFFICER 10 April to 28 April 2017  157

13.         Closure.. 159

 


Ordinary Council Agenda                                                                       Tuesday 9 May 2017

 

Note:

At Council’s discretion, the meeting may be closed in accordance with Section 89 of the Local Government Act 1989. The provision which is likely to be relied upon to enable closure is set out in each item. These reports are not available for public distribution.

 

 

 

Question Time:

During the meeting, Council will answer questions from residents and ratepayers.  Questions should be submitted in writing before the start of the meeting unless this unreasonably prevents or hinders you from participating. A Question Time form can be downloaded from Council’s website and copies of the form are available at the meeting.

 

Council is committed to ensuring that all residents and ratepayers of the municipality may contribute to Council’s democratic process and therefore, if you have special requirements, please telephone the Governance Team prior to any Council Meeting on 9217 2294.

 

 

Large Attachments:

Where large attachments form part of the Report, due to the size of the attachments – a copy has not been provided in the Agenda document

Copies of these attachments are available for inspection by the public at the following locations:

a)      Council offices at 25 Ferres Boulevard, South Morang; and

b)      Whittlesea City Council’s internet site – www.whittlesea.vic.gov.au

 

 


Ordinary Council Agenda                                                                       Tuesday 9 May 2017

 

1.         Opening

1.1       MEETING OPENING AND PRAYER

The Acting Chief Executive Officer will open the meeting with the reading of the prayers:

 

Almighty God, we humbly beseech thee, to vouchsafe thy blessing upon this council.  Direct and prosper its deliberations to the advancement of thy glory and the true welfare of the people of the Whittlesea City Council.

 

Our father who art in heaven, hallowed be thy name, Thy kingdom come, Thy will be done in earth as it is in heaven. Give us this day our daily bread and forgive us our trespasses as we forgive them that trespass against us; and lead us not into temptation but deliver us from evil, For thine is the kingdom, the power and the glory, for ever and ever.

 

Amen

 

1.2       ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT

The Mayor will read the following Acknowledgement of Traditional Owners Statement.

 

On behalf of the Whittlesea City Council I recognise the rich Aboriginal heritage of this country and acknowledge the Wurundjeri Willum Clan as the traditional owners of this place.

 

1.3       Present

2.         Apologies

3.         Declarations of Interest

4.         Confirmation of Minutes of Previous Meeting

Ordinary Meeting of Council held 18 April 2017

 


Ordinary Council Agenda                                                                       Tuesday 9 May 2017

 

5.         Consideration and Action on Petitions and Joint Letters

5.1       Petitions

Nil Reports

5.2       Joint Letters

Nil Reports   


Ordinary Council Agenda                                                                       Tuesday 9 May 2017

 

6.         Officers' Reports

6.1       Planning and Major Projects

6.1.1    8 DOREEN ROGEN WAY, SOUTH MORANG (Riverside Community Activity Centre) - AMEND PLANNING PERMIT TO ALLOW AN INCREASE IN THE NUMBER OF PEOPLE ON THE PREMISES AT ANY ONE TIME, A REDUCTION IN THE STANDARD CAR PARKING REQUIREMENTS AND TO EXTEND THE OPERATING HOURS

File No:                                  705556

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer   

 

APPLICANT:                         Riverside Community Activity Centre Inc.

COUNCIL POLICY:              Nil

ZONING:                               General Residential Zone

OVERLAY:                            Bushfire Management Overlay

                                               Development Contributions Plan Overlay (Schedule3)

                                               Vegetation Protection Overlay (Schedule 1)

REFERRAL:                          Nil

OBJECTIONS:                      Five (including a petition with 53 signatures)

RECOMMENDATION:         That Council approve the application with conditions

Report

EXECUTIVE Summary

It is proposed to amend the planning permit relating to the Riverside Community Activity Centre.  The Centre was established in 2000 on a Council-owned reserve.  The amendment request has been lodged by the operator in response to increased community need.  The amendment seeks to allow an increase in patron numbers from 100 to 200.  Based on the current car parking provisions this would require a reduction in car parking requirements to facilitate this outcome.  The application also requests that the current operating hours be increased.

Advertising of the proposal resulted in five objections being received including a petition with 53 signatures from the Friends of South Morang Inc.  The grounds of objection relate to insufficient car parking, inadequate traffic flow within the surrounding road network, increase in noise and vandalism, poor facility management, inappropriate operating hours and property devaluation.

The proposal has been assessed under the provisions of the Whittlesea Planning Scheme and subject to conditions, found to be generally consistent with these provisions.  Based on traffic engineering advice and amenity considerations, this report supports an increase in patron numbers to 140 to cater for strong community demand and finds that parking provision for this increased number, both on and off site, can be reasonably accommodated without unreasonable impacts on the amenity and safety of residents.  However this report finds that the request for an increase in hours to 12.30am for two proposed evenings is excessive and is likely to adversely affect the amenity of surrounding residential areas.  Reduced hours are therefore proposed.  Subject to these changes it is recommended that Council approve aspects of the application with conditions.

SITE AND SURROUNDING AREA

The subject site (a Council reserve) is located within an established residential precinct on the south side of Doreen Rogen Way approximately 450m south of Gorge Road, South Morang (see Attachment 1).  The site is irregular in shape with a street frontage of approximately 28m along Doreen Rogen Way and a total site area of 2.32ha.  The site contains the existing Riverside Community Activity Centre constructed in March 2000 (see Attachment 2), ancillary car parking with 31 on site car parking spaces and an adjacent public reserve used for recreational purposes which provides an additional 12 indented car spaces.  Vehicular access is provided via two existing concrete crossings along Doreen Rogen Way.

The surrounding area is generally characterised by residential land uses comprising single dwellings some of which are directly opposite and adjacent to the community activity centre.  The South Morang Primary School is located approximately 80m to the north of the subject site with frontages to Riverside Drive and Gorge Road, however no direct frontage to Doreen Rogen Way.

restrictions and easements

The Certificate of Title for the property shows that the site is not affected by any restrictive covenants or Section 173 Agreements.  The land is however encumbered by a number of service easements that traverse the south and southeast portion of the land.

background

Planning Permit No. 705556 was issued under delegation by planning officers on 7 December 1999 to allow the use and development of the land for the purpose of a place of assembly (community activity centre).  The granting of a permit was necessary because the land had not at that time been placed in a Public Use Zone under which the use and development of land for Local Government purpose is generally exempt from the need to obtain a planning permit.

Advertising of the original proposal was carried out via way of written notice to adjoining and adjacent owner/occupiers and a sign placed on site.  No objections were received at the completion of the advertising period and the planning permit was subsequently issued, which included conditions capping the total number of patrons to 100 based on car parking provision.

DETAILS OF REQUEST FOR AMENDMENT TO PERMIT

It is proposed to amend the permit to allow an increase in the number of people on the premises at any one time from 100 to 200.  The amendment seeks a reduction in the standard car parking requirements to accommodate the proposed increase in patronage.  The proposal also proposes an increase in the existing permitted operating hours (currently 8.00am to 10.00pm each day).  The proposed operating hours are:

Monday to Thursday                 7.00am to 10.00pm

Friday                                        7.00am to 12.30am (extending into Saturday morning)

Saturday                                    7.00am to 12.30am (extending into Sunday morning)

Sunday                                      8.00am to 10.00pm.

Public Notification

Advertising of the application was undertaken in the form of a written notice to abutting and opposite property owners/occupiers.  Three signs were also displayed along the site’s street frontages (along Doreen Rogen Way and Kangaroo Terrace).  At the completion of the advertising period, five objections were received, including one petition with 53 signatures (see Attachment 1 for location of objectors and signatories).  The grounds of objection can be summarised as follows:

1.       Insufficient car parking and inadequate traffic flow.

2.       Poor facility management.

3.       Inappropriate operating hours including increase in noise and vandalism.

4.       Property devaluation.

PLANNING ASSESSMENT

In accordance with Section 72 of the Planning and Environment Act 1987, a person who is entitled to use or develop land in accordance with a permit may apply to the Responsible Authority for an amendment to the permit.  The responsible authority may approve an amendment to any endorsed plan or planning permit.

An assessment of the proposal has been undertaken as follows:

State Planning Policy Framework

Clause 19 (Infrastructure) requires that social infrastructure should be provided in a way that is efficient, equitable, accessible and timely. ‘Planning is to recognise social needs by providing land for a range of accessible community resources such as education, cultural health and community support facilities.’  State strategies relating to neighbourhood planning (Clause 11.06-5) seek to ‘plan and design community places and buildings so they can adapt as the population changes and different patterns of work and social life emerge.’

The community activity centre is existing and therefore consistent with State policy and the proposal seeks to increase utilisation of the site for the benefit of the community.

Zoning

The subject site is located within the General Residential Zone (Clause 32.08).  One of the key purposes for this zone is to ‘allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations’.  The existing place of assembly (community activity centre) is a permitted use under the zone provisions.  It should be noted that there are no buildings and works proposed as part of this amendment application. 

The increase in capacity is to continue to service the needs of the community, however this must be balanced with parking demand and provision, and the associated amenity impacts that can be caused on the surrounding residents.  Additionally, the increase in hours associated with increased capacity must also be carefully considered as the building is a primarily a community centre and not a function centre.  It is also located within a residential area where amenity considerations are higher.

A response to these two critical aspects is included within the parking assessment and response to objectors concerns below.

Overlay controls

The subject land is affected by the Vegetation Protection Overlay (Schedule 1), Wildfire Management Overlay and Development Contributions Plan Overlay (Schedule 3).  As no additional development is proposed as part of the amended application these overlay provisions are not relevant to the assessment of the application.

Particular Provisions

Clause 52.06 of the Whittlesea Planning Scheme prescribes the rate and design standards for car parking spaces required on site.  Pursuant to this clause the following car spaces are required for a place of assembly under the proposed patron numbers:

Clause 52.06 Car Parking Rate

Number of patrons

No. of spaces required

No. of spaces provided

Shortfall of spaces

0.3 car spaces to each patron permitted

200

60

31

29

Based on the above assessment, the proposed patron numbers will generate a shortfall of 29 spaces.  The subject site includes 31 car parking spaces (including two accessible spaces) on site.  These spaces are solely for the use of the community activity centre.

Where the number of parking spaces required for a use is not provided on site, a planning permit may be granted to reduce the parking requirements.

Council’s traffic engineers have previously conducted investigations on parking availability at the community activity centre and surrounding area within a 150m radius of the centre.  The investigations included car parking surveys that were conducted from Monday 17 August to Sunday 23 August 2015 using video recordings to count vehicles parking in the community activity centre and surrounding area.  The following table shows the results of this survey.

Parking Locations

No. of spaces available

% of Maximum occupancy rate as at 17/08/15 to 23/08/15

No. of unoccupied spaces

Community activity centre car park

31

(including 2 accessible spaces)

97% 1

1

90% 2

3

On-street Car Park 2

Indented parking area on Doreen Rogen Way (north-south section)

5

100% 3

0

On-street Car Park 3

Indented parking area on Doreen Rogen Way (east-west section)

7

100% 3

0

Kerbside in Kangaroo Terrace

18

17%

15

Kerbside in Doreen Rogen Way

36

17%

30

Kerbside in Stanley Jones Drive

28

36%

18

Total

125

42%

67

Notes:          1.   Sunday afternoon

                      2.   Thursday afternoon

                      3.   3:30pm to 3:45pm school days – this parking within 100m of Morang South Primary School rear gate.

In summary, the surveys concluded that during the peak community activity centre occupancy/usage period, the parking occupancy in the community activity centre car park and in the surrounding road network (within a 150m radius) reached a rate of 42% with at least 67 car parking spaces available.  Although these surveys were undertaken approximately two years ago, Council’s traffic engineers have advised that the results of these surveys remain valid as there has been no significant change to the car parking conditions both on site and within the surrounding road network since the time the surveys were conducted. 

These surveys were also conducted in response to previous requests from the committee of management for additional parking due to overlap demands associated with the school.  It is noted that parking demand associated with a school is temporary in nature and restricted to drop off and pick up times.

While on-street parking availability may be prevalent and there is the potential for visitors to park lawfully within the surrounding road network, it is also reasonable that residential amenity be maintained and that opportunities for resident on-street visitor parking also be maintained.  In this context it is considered more appropriate to take into consideration only the indented parking associated with the adjacent park which provides an additional 12 spaces that are approximately 100m from the Community Centre.  Using the planning scheme rate of 0.3 spaces for each patron, these 12 spaces support an expansion of up to a further 40 patrons under the planning scheme.  As these spaces are also shared with the park, there may at times be some overspill into available on-street parking in Doreen Rogen Way in the immediate vicinity of the community centre, however this would only be at peak times of use and is unlikely to extend further into the surrounding street network. 

On this basis, it is considered appropriate to allow a modest increase in patron numbers by 40 to a total of 140 at any one time to achieve a balance between minimising the impact on the residential amenity of the area and ensuring access and utilisation of facilities that serve the community.  The indented spaces are in close proximity of the building and do not significantly impede traffic flow.  When considering a reduction in required car parking provision, a responsible authority must have regard to the amenity of the locality and any increased noise or disturbance to dwellings and residents.

Comments on Grounds of Objection

1.       Insufficient car parking and inadequate traffic flow

Concerns have been raised that there is insufficient car parking available on site to accommodate the proposed increase in people on the premises at any one time and that this would affect traffic flow within the surrounding road network.  It is the view of Council traffic engineers that the potential impact in terms of increased demand for car parking on site and within the local road network will be minimal.  Notwithstanding, amenity consideration are paramount in a residential area and a modest increase of an additional 40 patrons is considered more appropriate to ensure that there will not be any major traffic or car parking concerns.

2.       Poor facility management.

Objectors have raised concerns that the community activity centre is being poorly run.  It is alleged that user groups are leaving the facility due to their concerns not being addressed by the committee of management.  Any allegations relating to the running of the centre are not directly relevant to the current application.  Consideration is provided to patron numbers, parking impacts, amenity impacts and hours of operation irrespective of who is operating the centre.


 

3.       Inappropriate operating hours including increase in noise and vandalism.

The community activity centre is currently permitted to operate between the hours of 8.00am to 10.00pm each day.  The amendment application proposes that these hours be increased to meet community needs.  This would involve an additional hour in the morning between Monday to Saturday and extended hours on weekends to allow for private functions to take place on Friday and Saturdays between the hours of 7.00am to 12.30am.  While the additional hour in the morning is considered to be appropriate and unlikely to have a detrimental impact on the surrounding residential properties, the proposed additional two-and-a-half hours from 10.00pm to 12.30am on Friday to Saturdays are considered to be excessive and are not supported given the sensitive residential interface between the community activity centre and residential properties.  It is also noted that the purpose of these extended hours would primarily be for private functions rather than community events and it must be noted that this is primary a community facility within a residential area and not a function centre.

4.       Property devaluation.

It has been consistently upheld by the Victorian Civil and Administrative Tribunal (VCAT) that property devaluation is not a relevant planning consideration.

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

The application has been assessed against the relevant provisions of the Whittlesea Planning Scheme.  An increase in the number of patrons and hours of operations is supported.  However, because of the residential context of the community activity centre this increase in usage must be modest.  It is recommended that the application be conditionally approved subject to the limitations set out in this report.

 

Recommendation

THAT Council resolve to approve the request to amend Planning Permit No. 705556 relating to the Riverside Community Activity Centre at 8 Doreen Rogen Way, South Morang and issue a Notice of Decision to Grant a Permit for:

1.       The permit preamble to include a reduction in the standard car parking requirements.

2.       Condition No. 2 of the permit to be reworded to read:

The total number of people on the premises at any one time must not exceed 140.

3.      Condition No. 6 of the permit amended to read:

          The use may operate only between the hours of:

               Monday to Saturday             7.00am to 10.00pm

               Sunday                                   8.00am to 10.00pm

 


Ordinary Council Agenda                                                                                    Tuesday 9 May 2017

 


Ordinary Council Agenda                                                                                                           Tuesday 9 May 2017

 

 


Ordinary Council Agenda                                                                       Tuesday 9 May 2017

 

6.1.2    48 Beech Street, Whittlesea - Request for Extension of Time to Planning Permit - Motel, Function Centre, Restaurant and Caretaker's House

File No:                                  707953

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer   

 

APPLICANT:                         Mr A Kitchin

COUNCIL POLICY:              Nil

ZONING:                               Rural Conservation Zone

OVERLAY:                            Rural Floodway Overlay

REFERRAL:                          Nil

RECOMMENDATION:         That Council refuse an extension of time

Report

EXECUTIVE Summary

An application has been received to extend a planning permit (No. 707953) allowing the use and development of land at 48 Beech Street, Whittlesea for the purpose of a motel, function centre, restaurant and caretaker’s house.  The use and development has not commenced despite five previous extensions of time since the permit was initially granted in 2005 (over 12 years ago). 

When the permit was initially granted the proposed use and development was discretionary.  However, the State Government subsequently included the land within a Rural Conservation Zone (the current zone) as part its introduction of Green Wedge planning reforms.  Under these provisions the use and development is now prohibited.

Because of changed planning circumstances, and having regard to the number of extensions previously granted, it is recommended that a further extension of time not be granted.  The permit holder will have an opportunity at a future date to make submissions regarding use and development opportunities on the subject land as part of the ongoing Whittlesea Township Structure Plan project.

SITE AND SURROUNDING AREA

The subject land (see Attachment 1) lies adjacent to the Whittlesea Township north of Beech Street, Whittlesea.  The land is approximately 420m east of the Church and Beech Street intersection.  The subject land comprises three vacant land parcels with a combined area of 2.6ha.  The land is predominately cleared and vacant, containing pasture and wetlands.

The land abuts Church Street which is under the control of VicRoads and included in a Road Zone Category 1.  Land to the south of Beech Street is Crown Land comprising the existing Whittlesea parklands.  Land to the west comprises further Crown Land in the form a lineal reserve containing Bruces Creek.  Land to the west of this reserve comprises residential and employment areas within the existing Township.  The land to the east of the subject land comprises the Plenty River which flows southwards between the McPhees Road and Pings Road reservations.  Land further the east comprises the Whittlesea Showgrounds (also Crown Land).  Land to the north comprises further vacant Green Wedge land which is flood affected and in private ownership.

The subject land forms an important confluence of the Plenty River and Bruces Creek and historically the land has experienced significant flooding.  A Rural Floodway Overlay extends over the full extent of the subject land and adjacent land (including Beech Street and Yea Road).  During peak flood events, such as during a 1:100 year event, flooding and inundation is to be expected as floodwaters associated with Bruces Creek, Plenty River and Scruby Creek converge in proximity to the subject land and flow southwards.  The floodplains are significant for both their hydrological and environmental functions and for this reason the land has been included in a Rural Conservation Zone.

While the entirety of the subject land is included within a Rural Floodway Overlay (RFO), partial filling of the subject land in the late 1980s and early 1990s resulted in an elevated area which has been assessed as extending slightly above the 1:100 year flood level. 

In 1988 Council considered a planning scheme amendment to allow a petrol station, motel, restaurant and shop on that part of the land that had been filled.  At that time the zoning of the land prohibited these uses.  The amendment was not initially supported by Council but later received support and the land was subsequently placed in a Special Use Zone as part of Amendment L8 to the Whittlesea Planning Scheme following approval by the Minister for Planning in 1989.  Development opportunities were not taken up in the decade following this approval and in 1999, as part of the approval of the new format Whittlesea Planning Scheme, the land was placed in an Environmental Rural Zone.  The RFO was also applied at this time.

Background

The application was originally lodged in 2003 and at that time the land was included in an Environmental Rural Zone that had broad discretion in terms of the range of uses that could be considered under a planning permit.  The uses permitted under the permit were discretionary under this former zone.  In 2004 (at which stage the application was still under consideration) the land was changed to a Rural Conservation Zone as part of the State Government’s introduction of Green Wedge reforms.  However, transitional provisions allowed applications lodged prior to the introduction of the new zone to be considered under the former zone provisions.

The planning permit was initially granted on 31 May 2005.  Conditions of the permit require amended plans to be submitted and set out the requirements of affected authorities.  The floodplain authority (Melbourne Water) consented to the application notwithstanding the RFO extending over the land because it was satisfied that previous filling (and further filling required as conditions under the planning permit) would allow the development to occur above the applicable flood level.  In a flood event the site will be isolated.  An emergency flood response plan is required as a condition of permit to address these circumstances.

Attachment 2 shows the plans submitted with the application (as no plans have yet been endorsed).  The permit provides for 32 proposed motel units.  Patron numbers associated with the function centre (which includes conference and reception facilities) are restricted to 133 people.  Patron numbers associated with the restaurant are restricted to 80.  The permit required that the wetland component of the site development be fully landscaped and embellished for conservation purposes and transferred to Council as open space ‘ten years from the date of this permit or such other time as agreed in writing by the owner and Council.’

Condition No.54 of the permit provided an initial two year period to commence and complete the development and a further two years to commence the use following completion of the development.  The permit was not acted on and the following provides a summary of the five previous extensions which have been granted by officers.

1.   A two year extension of time was granted on 30 March 2006 to allow commencement on the basis that the land was in the process of being sold and there was insufficient time to comply with conditional requirements.  The permit holder was also proposing to further amend the permit to address concerns raised by Melbourne Water.

2.   A further two year extension of time was granted on 10 March 2009 to allow commencement because the permit holder (new landowner) was at that time in the process of obtaining funding and a suitable operator to commence the project.  The permit was amended at the same time of this second extension to make minor changes to the plans relating to the restoration of the wetlands.

3.   A further two year extension of time was granted on 9 March 2011 to allow commencement.  The permit holder advised at this time that funding for the project was still being obtained.

4.   A further two year extension of time was granted on 18 March 2013 to allow commencement.  The permit holder advised at this time that he was engaging consultants to address flood mitigation matters and required further time to address these technical issues.  As part of this request, Council officers wrote to Melbourne Water who advised that it had no objection to the further extension request.  The permit holder was advised as part of this extension request that changed planning circumstances may not be supportive of further extension of time requests. 

5.   A further two year extension of time was granted on 18 December 2014 (until 31 May 2017) to allow commencement.  The permit holder at that time was investigating opportunities for the rezoning of the land to allow residential development and aged care accommodation.  This proposal involved the provision and embellishment of open space on the subject land and surrounding land.  In relation to the proposal, the landowner was advised that the further development proposal would need to be submitted as part of the proposed Whittlesea Township Structure Plan project.  In the interim, applications for extensions of time could continue to be made (and considered on their planning merits).

Current Permit Extension Request

In early 2016 the permit holder sought assurances from Council in relation to a sixth permit extension.  At that time the land was for sale.  Council officers advised the permit holder that the request was premature and that consideration would only be given to a request either three months prior to or following the most recent extended lapse date (31 May 2017). Council officers also clarified previous correspondence to confirm that although the permit was capable of being extended, this this not be taken as confirmation that a further extension would be granted because any request would need to be subject to relevant planning considerations.  The permit holder was advised at this time that ‘opportunities will continue to be made available…to make submissions and have these submissions considered as part of the Township review.’

The current extension request was subsequently formalised through an application closer to the extended permit lapse date.  The application cites the delays in Township review project, the earlier completion of flood modelling for the site and the merits of the proposal for the Township.  The previous reference to the permit being capable of extension until the finalisation of the Township review has also been cited in support of the extension.

ASSESSMENT

The applicable principles for considering extensions of time have been established by VCAT, are based on legal precedent and are applied by all councils. These tests are referred to as the ‘Kantor’ tests (named after the legal case which introduced them). The tests guide decisions and provide a degree of certainty for all stakeholders who may be affected by decisions relating to the extensions of time.  The tests are not definitive or exclusive but provide guidance.

 

It should be noted that there are no statutory provisions for notifying other affected persons of extension of time requests.  The advertising of the permit application over 12 years ago did not generate any objections at that time.

 

The ‘Kantor’ tests are set out below with comments under each heading relevant to the current application.

 

Whether there is a change of planning policy

 

At the time the application for permit was lodged the uses authorised under the planning permit were discretionary (‘Section 2’) uses under the Whittlesea Planning Scheme.  However, during the consideration of the application in 2004 the zoning was changed by the State Government to the current Rural Conservation Zone which placed the proposed uses within a ‘prohibited’ (‘Section 3’) land use category.  This change occurred as part of the introduction of new ‘Green Wedge’ reforms introduced to all metropolitan planning schemes.  However transitional provisions introduced at that time allowed the application proposal to be considered on their merits under the former planning scheme provisions.  The permit was granted on this basis.

 

Under the current Rural Conservation Zone the use of land for all of the proposed uses (other than for the caretaker’s house component) is now prohibited.  (The use of land for a restaurant is discretionary but only where used in conjunction with agriculture, natural systems, an outdoor recreation facility, rural industry or winery which is not the case under the current permit). 

 

The change in zoning and the introduction of Green Wedge provisions constitutes a change in policy that would normally act as a significant bar to any permit extension under the Kantor tests.  This test is not a complete fetter on a Council’s ability to issue an extension of time, however extenuating circumstances in support must be demonstrated.  Officers have to date been satisfied in relation to this test.  However, with the passage of time the changes in policy have become more pronounced.  There are currently no proposed planning reforms that would see the uses becoming discretionary once again. 

 

The current Township review may result in changed planning circumstances for the land but at this stage that outcome is still speculative and unknown.  Any outcomes would need to be subject to community and stakeholder consultation, preparation and exhibition of a planning scheme amendment, possible consideration of submissions by an independent panel and Ministerial approval.  In addition, because the land is zoned Rural Conservation Zone and located in a metropolitan Green Wedge, any Ministerial approval of planning scheme changes would require ratification by both Houses of the Victorian Parliament.  While for the permit holder it is regrettable that the permit has not been acted on, the process has commenced to formally review planning provisions in the Township and it will be appropriate that any land use and development opportunities be considered afresh as part of this process.  This will ensure the site is considered in the context of the broader investigation rather than on an ad hoc basis that could potentially prejudice future outcomes.

 

The permit has now been inconsistent with the changed policy context for a considerable period and is no longer considered capable of meeting this test.

 

Whether the landowner is seeking to ‘warehouse’ the permit.

 

The permit has not been acted on over a significant period of time and evidence that the permit is being ‘warehoused’ is now evident.  The requests for extensions of time to allow investigation of other land use and development outcomes and to await the outcomes of the Township review suggest that the permit is being warehoused.  It is also noted that the land has been offered for sale (for the second time since the permit was initially granted).

Intervening circumstances bearing on the grant or refusal of the extension

 

Intervening circumstances relating to previous extensions have been set out earlier in this report.  The principle grounds relied on by the permit holder relating to the current (sixth) request are the delays in progressing the Township review.  As previously noted, it is not known at this stage whether the review will recommend any planning outcomes relating to the subject land at this stage.  If changes are recommended, they will be subject to the planning scheme amendment process.  It is not considered to be an appropriate use of the permit extension provisions to keep an application ‘alive’ so that other planning options relating to land can be considered at a future date (as this would constitute a form of ‘warehousing’). 

 

The total elapse of time.

 

A period of 13 years has now elapsed since the permit was originally granted.  The permit was capable of being acted on following earlier extensions.  Even taking into account the complexity of the site, this period is now considered to be excessive.  If the permit were not to be acted on until the implementation of the Township review a period of at least 15 years is likely to have elapsed.

 

Whether the time limit originally imposed was adequate.

 

The original two year period to commence and complete the development could be considered in retrospect somewhat inadequate and a period of four years may have been more appropriate.  On the other hand, the permit holder was aware at an early stage that the use had become a prohibited use and under these circumstances this should have been taken as a signal that any commencement should occur promptly.  The combined timeframes from all extensions are considered more than adequate.

 

The economic burden imposed on the landowner by the permit.

 

This relates to the degree to which the permit is economically committed to the permit proposal as a consequence of actions to give effect to the permit.  No development has commenced under the permit and no actions have been undertaken to have plans endorsed under the conditions of the permit, including plans relating to amended site layout and development (Condition No. 1), approval of a conservation, rehabilitation and management plan (Condition No. 2), section 173 Agreements (Condition No. 3), landscape plans (Condition No. 4) and other conditions specified by the relevant authorities.  An application for building approval has not been lodged.

 

While the permit holder has incurred costs in relation to the preparation of flood modelling, this has been in part to inform other development opportunities and is, in any case, not considered to be sufficient to justify a further extension of time.

 

The probability of a permit issuing if a fresh application be made

 

A new permit would not be issued if a fresh application were to be made because the uses are now prohibited.  Even if the uses were to be discretionary, the permit and its conditions have become ‘stale’ given the elapse of time and new conditions are likely to be required.  It is considered the design of the facility has become dated given it is based on plans prepared 13 years ago.  Issues relating to the vesting of substantial areas of land to Council for management as conservation and open space reserves may also need review given the period of time that has elapsed since the permit was issued.

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

The purpose of limiting the life of a permit is to ensure that it does not become inappropriate due to a change of circumstances.   The changes to planning policy relevant to the permit considered in this report are no longer supportive of the proposal.  Council officers have been very generous in allowing a number of extensions to allow the use and development to commence.  However, the timeframe since the permit was issued has now become significant and the further extensions are no longer supported having regard to relevant tests.  For these reasons it is recommended that the current extension of time request not be approved.  The permit holder/ landowner will have an opportunity at a future date to make submissions regarding use and development opportunities on the subject land as part of the ongoing Whittlesea Township Structure Plan project.

 

Recommendation

THAT Council resolve to refuse the application to extend Planning Permit No. 707953 for the use and development of the land for the purpose of a motel, function centre, restaurant and caretaker’s house at 48 Beech Street, Whittlesea and advise the applicant accordingly.

 


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6.1.3    2016/17 Third Quarter New Works Program Report

File No:                                  192600

Attachments:                        1        Financial Summary

2        Project Progress Report

3        Project Status Photos

4        Planning and Feasibility Status Report   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Team Leader Business Support   

 

 Report

EXECUTIVE Summary

This report provides an overview of the financial performance and status of the New Works Program at the end of the third quarter of the 2016/17 financial year.

The value of work completed at the end of the third quarter is $38,986,758 compared to the year-to-date budget of $48,021,704.  The underspend is due to a number of projects being delayed due to inclement weather and contractor availability, however awarded contracts should see projects progress and completed within the anticipated timeframes.  The receipt of Growing Suburbs Fund grants have impacted on the commencment dates of some projects due to funding conditions resulting in a later start than originally planned.  In addition, there are contracts and purchase orders committing another $30,579,693 as at 31 March 2017, which shows a good level of delivery preparedness for the remainder of the financial year and also into the 2017/18 financial year where projects are funded across multiple years.  Refer to Attachment 1. 

The third quarter includes many projects that have been finalised and the commencement of design and construction of new projects in the 2016/17 financial year.  Some significant milestones achieved during the third quarter include:

·    Completion of the Animal Welfare Facility, Epping

·    Completion of the Mernda South (Hawkestowe) Early Learning Centre, Mernda

·    Completion of the Meadowglen Athletics Track Resurfacing, Epping and

·    Completion of the Thomastown Recreation and Aquatic Centre outdoor playspace.

The following projects have made significant progress in the third quarter of 2016/17:

·    Signalisation and Construction of the Intersection at Bridge Inn and Painted Hills Road Mernda;

·    Lalor Recreation Reserve - Community Tennis Pavilion, Lalor

·    Ashley Park Community Centre, Doreen South

·    RGC Cook Reserve Pavilion Upgrade, Thomastown and

·    Redevelopment of Barry Road Community Activity Centre, Thomastown.

Significant projects scheduled for completion in the fourth quarter of 2016/17 include:

·    Signalisation and Construction of the Intersection at Bridge Inn and Painted Hills Road Mernda

·    RGC Cook Reserve Pavilion Upgrade, Thomastown and

·    Redevelopment of Barry Road Community Activity Centre, Thomastown.

For a detailed progress report on significant projects refer to Attachment 2.  Photos on the progress of some significant projects can be found in Attachment 3.

Background

Council adopted the 2016/17 New Works Program budget on 23 June 2016 with the total budget of $43.335 million plus $18.227 million carry forward providing a total New Works Program budget for 2016/17 of $61.6 million.

Consultation

External stakeholder consultation and engagement is undertaken in relation to individual projects and programs.  This occurs throughout the financial year.

Financial Implications

The 2016/17 budget includes $61,561,332 for the New Works Program (including carry forward funding).  The value of work completed for the year-to-date is $38,986,758 compared to the year-to-date plan of $48,021,704.  Further commitments (contracts and purchase orders) to the value of $30,579,693 have been generated.  A summary of progress of projects by Group can be found below whilst a description on key projects has been included in Attachment 2.

Financial details for contracts within each project are provided through tender and contract closure reports to Council.

Financial Status of the New Works Program by Group:

Group

Year To Date Actuals

$

Year To Date Budgets

$

Year To Date Variance

$

Annual Budget   

$

Buildings

19,972,845

21,040,495

1,067,650

24,209,009

The Buildings category is currently showing expenditure underspend of $1,067,650  compared to the Year To Date budget.

The key projects contributing to the variance is:

·    Civic Precinct-HVAC and Refurbishment – This project is tracking behind the planned budget timing with Stage 1 due for completion in the fourth quarter and Stage 2 due to commence in the fourth quarter.

·    Redevelopment of the Mill Park Leisure and Services Centre – This project has been delayed during the design phase and is tracking behind the planned budget.  This is a multi-year project.

Group

Year To Date Actuals

$

Year To Date Budgets

$

Year To Date Variance

$

Annual Budget

$

Drains

137,103

1,027,500

890,397

1,403,500

Planning & Feasibility

41,595

240,000

198,405

300,000

Drains – Delays have been encountered due to extended negotiations with property owners and delays encountered on the awarding of contract for the Queenscliff Road and Michigan Terrace intersection drainage upgrade.  Project schedules are being reviewed to ensure projects are completed within the financial year.  This is a timing issue only and budget is expected to be spent by year end.

Planning and Feasibility – Year to date expenditure reports behind budget, however projects are progressing well with commitments in place for planning and feasibility assessments for future projects in the four year New Works Program.

 

Group

Year To Date Actuals

$

Year To Date Budgets

$

Year To Date Variance

$

Annual Budget

$

Open Space

6,925,119

8,925,683

2,000,564

11,464,034

The Open Space category is currently showing an underspend of $2,022,812 compared to the Year To Date budget.

The key projects contributing to the variance are:

·    Lalor Tennis Club – Reconstruct Courts 3 to 6 – The works have been delayed due to the withdrawal of the original contractor that was awarded.  A new contractor has been appointed with works due to commence shortly.

·    Playground renewals and landscape improvements are behind the planned budget and are due for completion in the fourth quarter with the exception of the Botanica Park playground uprgrade which is due for completion in late 2017.

Group

Year To Date Actuals

$

Year To Date Budgets

$

Year To Date Variance

$

Annual Budget

$

Plant & Equipment

2,862,855

2,961,831

98,976

4,242,702

Transport

2,675,340

4,062,946

1,387,606

5,907,614

The Plant and Equipment category is currently showing an underspend of $98,976 compared to the Year To Date budget.  This is minor variance due to the timing of the replacement of motor vehicles.

The Transport category is currently showing an underspend of $1,387,606 compared to the Year To Date budget.

The key projects contributing to the variance is:

·    Painted Hills Road / Bridge Inn Road Intersection works – Inclement weather has delayed the original completion date with practical completion of the project expected in May.

·    Install Pedestrian Operated Signals Findon Road – Works have commenced however the works are being delivered later than the original plan.  On track for completion in the fourth quarter.

·    Construct Roundabout at Redleap Avenue and Buckmaster Drive – Project has been delayed due to contractor finishing project at Brush Road.  Timing issue only and project is due for completion in the fourth quarter.

·    Modify Roundabout at Centenary Drive and Hinkler Drive – Project has been delayed due to contractors commitment on other projects.  Timing issue only and project is due for completion in the fourth quarter.

 

 

Group

Year To Date Actuals

$

Year To Date Budgets

$

Year To Date Variance

$

Annual Budget

$

Roads & Paths

6,371,902

9,763,249

3,391,347

14,034,473

The Roads and Paths category is currently showing an underspend of $3,391,347 compared to the Year To Date budget.  However, further contracts and commitments of $5,250,872 indicate that this category has a high degree of preparedness for delivery in the coming months.

The key projects contributing to the variance are:

·    Scott Street Beautification Works – Contract was awarded later than anticipated.  Project on track for completion in fourth quarter.  This is an ongoing multi-year project.

·    Upgrade Shared Path Darebin Creek – Inclement weather has delayed accessibility to the creek bank for construction works.  Works have been accelerated in the third and fourth quarters.

·    Traffic Signals – Yan Yean/Cookes Road Intersection – Project has been delayed due to some design difficulties with services at the intersection.  Issues have been resolved and contract has been awarded with relocation of services underway.  Contractor is due to commence on-site in May 2017 with the project due for completion in the first quarter of 2017/18.

There have been a number of minor changes to the Road and Pathway program confirmed over the last quarter which are detailed below:

·    Part of the funding anticipated from the Roads to Recovery Program will be deferred to 2017/18, resulting in the deferral of bridge pavement upgrades in two locations along Findon Road.

·    The construction of a shared pathway along Plenty Road has been deferred to enable co-ordination and potentially integration with the Plenty Road widening project being undertaken by VicRoads.

·    The Yan Yean Road / Jorgensen Road intersection has received additional Blackspot funding.  This project is now being delivered by VicRoads.

·    The approved mid-year budget review which identified the reconstruction of Temple Drive in Thomastown as a project to be brought forward will be delayed due to contractor unavailability.  This project will be delivered as part of the 2017/18 road renewal Program.

·    Local Area Traffic Management (LATM) projects have been delayed and will require further design and consultation.

Planning and Feasibility Program Update

The Planning and Feasibility Program is designed to allow for adequate planning, scoping, budgeting and scheduling of future projects to ensure projects are correctly scoped and ready for delivery in future years.  Planning for future infrastructure projects is vital for the accurate scoping and costing of works and also provides the opportunity to take advantage of grant funding as it becomes available.  Forward planning also ensures that sufficient feasibility work and thorough project briefs and business cases are prepared for future projects.

The 2016/17 New Works Program provides a budget of $300,000 for the planning and feasibility of future projects.  Attachment 4 provides an update on the status of the Planning and Feasibility Program for 2016/17 .

Forecast

There have been substantial commitments to projects to the end of March 2017 with works continuing to accelerate during April and May whilst the weather is conducive to outdoor construction work.  The end of financial year forecasts have been reviewed with Project Managers and adjusted on a project by project basis.  The forecast end of financial year progress of the New Works Program is expected to be approximately $54.0 million.  This equates to approximately 87% completion unadjusted for extraordinary items.

Policy strategy and legislation

The business case associated with individual projects identifies the respective policy to which they relate.

Links to the CoUNCIL Plan

FUTURE DIRECTION          Good Governance

Theme                                   Growth and change

Strategic Objective              Services and infrastructure keep pace with population growth

CONCLUSION

This report provides a summary of the status of the 2016/17 New Works Program.  A continuous improvement program is being implemented to enhance systems, processes and practices to improve the planning and delivery of the New Works Program.  Overall the New Works Program is on track to provide much needed community infrastructure across the municipality.

RECOMMENDATION

THAT Council resolve to note the report.

 

 


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6.2       Community Services

Nil Reports


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6.3       City Transport and Presentation

6.3.1    Road and Public Transport Plan

File No:                                  SU/ 146615

Attachments:                        1        Road and Transport Plan

2        Road Network Advocacy Sheet

3        Public Transport Network Advocacy Sheet

4        Social Impacts of Congestion Fact Sheet   

Responsible Officer:           Director City Transport & Presentation

Author:                                  Team Leader Strategic Transport   

 

Report

EXECUTIVE Summary

This report presents the Road and Public Transport Plan (the Plan) for Council’s consideration.  The Plan sets out and prioritises the key transport projects required to address traffic congestion and help support future population growth.

The Road and Public Transport Plan (refer to Attachment 1) has prioritised projects based on a detailed assessment matrix which included transport patterns and usage, economic development, pedestrian amenity and community connectivity to key employment, education and local destinations.

The Plan presents the City’s transport priorities in the following key categories:

·    Arterial Roads – increased capacity and connectivity, both in and outside the municipality

·    Collector (Local) Roads – improved links to local destinations and support to the arterial road network with a focus on growth areas

·    Intersections – improvement of particular congestion bottlenecks

·    Public Transport –increased coverage, frequency and reliability of various public transport modes

·    Cycling – increase the city’s network of bicycle pathways and lanes to foster a better connected community

·    Walking – boost connections in growth areas and in established areas to activity centres and stations

Individual projects under each of these categories are detailed in the attached Road and Public Transport Plan.

Additionally, advocacy sheets have been developed for Arterial Roads and Intersections and Public Transport to provide a summary of priority infrastructure projects (Attachments 2 and 3).

Background

The City of Whittlesea is experiencing significant population growth in its outer suburban areas.  Population growth in the City of Whittlesea is expected to increase from 209,100 at 2017 to 353,910 by 2037 (an increase of 66%).

The City’s road and public transport networks are not coping with the community’s travel needs. This is due to high daily flows of residents who work outside the municipality and the historical inaction to extend and improve transport infrastructure to keep pace with long term residential growth.  

The resulting traffic congestion affects the cohesiveness of the Whittlesea Community, creates time poor families and is detrimental to the health of local residents.  Congestion is also costly for local businesses.

The development of additional and expanded transport infrastructure, in combination with the creation of more local jobs, is necessary in order to address traffic congestion and support a liveable city that can accommodate an expanding population.

The community’s concern about traffic congestion has increased significantly over the last two years.  The recent 2016 Annual Household Survey rated traffic management as the highest area of community concern at 39%, an increase of 10% from the previous year. 

Time taken in travelling to work by City of Whittlesea residents is excessive and on average 20% longer than people living in the inner suburbs.  In comparison to the Victorian State average, City of Whittlesea residents are:

·    More likely to have a long commute (≥2 hours per day) to work (17.8% compared to the state average 11.6%)

·    Significantly more likely to experience transport limitations, 30.9% compared to state average 23.7%

As a result many residents face higher living costs due to motor vehicle dependence, and long commutes.

The impact of this congested journey to work and long commute times is evident in social and health costs.

Social costs incurred by City of Whittlesea residents (VicHealth 2011) include:

·    36.2% have a lack of time for family and friends, compared to 27.4% (Victorian average)

·    36.9% participate in citizen engagement, as compared to 50.5% (Victorian average) 

·    28.1% are involved in volunteering, as compared to 34.3% (Victorian average)

A recently published study demonstrated a link between long commute times and relatively high occurrence of family violence.

Health indicators influenced by long commutes include:

·    55.1% of adults are classified as overweight/obese, compared to 48.6% (Victorian average)

·    12% have been diagnosed with heart disease, compared to 6.7% (Victorian average)

·    7.1% have Type 2 diabetes, compared 4.8% (Victorian average)

A more detailed analysis of the health and social costs associated with long commute times by City of Whittlesea residents is provided in Attachment 4, Social Costs of Traffic Congestion.

TRANSPORT PRIORITIES

Priorities have been identified for arterial roads based on detailed transport modelling analysis undertaken in 2015.  For roads, and all other transport modes, a range of other factors were considered as part of the evaluation model, which included alignment with strategic land use planning, pedestrian, cycling and public transport improvements afforded through road network developments, and the role individual infrastructure improvements play in connecting communities to key employment, education and community destinations. 

Significant investment in transport infrastructure, in combination with the creation of local jobs, is urgently required and essential to unlocking the congestion which exists across the city.  While recent Victorian Government commitments to the Mernda Rail Extension, O’Herns Road Interchange, Plenty Road and Yan Yean Road widening improve the capacity of the city’s transport network, substantially more investment is required to further address existing congestion and accommodate future growth.  Major arterial road projects such as the extension and the duplications of Epping Road and Bridge Inn Road and the extension of Edgars Road are urgent priorities.

Intersection upgrades are also important with priority projects being:

·    Plenty Road and Bridge Inn Road

·    Findon, Epping and O’Herns Road

·    Findon Road, Ferres Boulevard and the Lakes Boulevard

Further investment in the City’s public transport network is critical, with priority projects being the development of the Wollert rail corridor, the expansion of bus services in growth corridors and the extension of Tram Route 86 to Plenty Valley Town Centre.

Incomplete local collector roads also need to be delivered so that developing areas are connected to major destinations, public transport and arterial roads.

The completion of strategic cycling links, including improved connections to train stations, activity centres and the city’s waterway corridors is also necessary. Upgrading the footpath network to improve accessibility to shopping centres, is an important part of improving mobility.

Consultation

Community views on the city’s transport network have been accumulated over several years through many sources including community requests (comments and feedback), community groups (Whittlesea Bicycle User Group, Senior Citizens, etc.) the annual household satisfaction survey and local and social media sources.

Community consultation results from other projects have also informed the development of this strategy.  This includes the Community Building Strategy, draft Jobs and Investment Strategy, draft Community Safety Plan, Community Plan, Annual Budget process, Bicycle Plan, various Structure and Precinct Plans and the Integrated Transport Strategy.

Discussions with State Government agencies, including VicRoads, Victoria Police and Public Transport Victoria have been a key input into the development of priorities.

It will be necessary to reconsider priorities on a regular basis to address changing travel patterns, urban growth or infrastructure development.

Financial Implications

There are significant costs associated with addressing congestion and implementing the transport priorities identified within the Plan.  Significant projects like arterial road upgrades and public transport service improvements are the responsibility of the State Government.  Council will be responsible for funding local road improvements, intersection upgrades and walking and cycling initiatives through its annual new works program budget.

Council has allocated $13.3million to the extension of Findon Road over the coming three financial years, and an initial amount of $500,000 to the improvement of the Findon Road, Ferres Boulevard, The Lakes Boulevard Intersection in the draft 2017/18 budget.

The State Government has committed over $900 million to the delivery of key transport projects in the coming years, including the Mernda Rail Extension, the O’Herns Road Interchange and the widening of Plenty and Yan Yean Roads.

Policy strategy and legislation

The Road and Public Transport Plan is aligned with the following Future Direction(s) as described in the Council Plan 2013 – 2017:

•           Accessibility in, out and around our City

•           Growing our economy

•           Places and spaces to connect people

 

Links to the CoUNCIL Plan

FUTURE DIRECTION          Accessibility in, out and around our city

Theme                                   Transport

Strategic Objective              Our road network provides adequate access to the Advocate municipality and beyond

 

An evaluation and assessment process was undertaken to ensure that the transport priorities developed align closely with Council’s Shaping Our Future Whittlesea 2030 Strategic Community Plan’s Future Directions, with the specific emphasis given to ‘Accessibility in, out and around our city’.

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

The Road and Public Transport Plan identifies and prioritises transport projects required to alleviate the significant traffic congestion experienced by the community.  Improved transport networks are essential to support the development of a liveable City accommodating significant population growth.

 

RECOMMENDATION

THAT Council resolve to:

1.       Endorse the Road and Public Transport Plan.

2.       Continue to advocate to the State Government for further arterial road and public transport upgrades.

3.       Undertake strategic infrastructure upgrades as part of Council’s New Works program by improving key collector roads, intersections and expanding the cycling and walking network.

 

 


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6.4       Corporate Services

6.4.1    FINANCIAL PERFORMANCE REPORT FOR THE PERIOD ENDED 31 MARCH 2017

File No:                                  146746

Attachments:                        1        Financial Performance Report - March 2017   

Responsible Officer:           Director Corporate Services

Author:                                  Team Leader Management Accounting   

 

Report

Executive Summary

The Financial Performance Report (Attachment 1) for the period ended 31 March 2017, is presented for consideration by Council, in accordance with the Local Government Act 1989.

Background

The Financial Performance Report includes the following financial statements:

·    Comprehensive income statement

·    Balance sheet

·    Statement of cash flows

·    Statement of capital works

A detailed analysis of income and expenditure in the comprehensive income statement is included in the report.  The statement shows a favourable year to date variance of Council’s underlying surplus of $11 million. Significant income and expenditure variances are highlighted below:

Favourable variances

$’000

Income

 

Rates and charges (supplementary valuations)

$198

Contributions - cash

$1,813

Grants - capital

$8,910

Expenditure

 

Materials and services

$4,115

Employee Benefits

$3,943

Whilst much of the variances in materials and services is due to timing difference between budgeted and actual timing of expenditure, it is anticipated that the operating result for the year will finish at a favourable result compared to the adopted budget.

Consultation

Consultation with the various departments of Council has been undertaken in preparation of this report.

Financial Implications

The financial implications are detailed in the report.

Policy strategy and legislation

Section 138 of the Local Government Act 1989 provides that at least every three months, the Chief Executive Officer must ensure that a statement comparing the budgeted revenue and expenditure for the financial year, with the actual revenue and expenditure to date, is presented to Council.

Links to the CoUNCIL Plan

FUTURE DIRECTION          Good Governance

Theme                                   Resource Management

Strategic Objective              Council is financially sustainable for the long term

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

For the nine month period ending 31 March 2017, Council’s underlying surplus shows a favourable year to date variance of $11 million against budget.  Although this result is generally in-line with budget predictions, variances will be continued to be monitored over the next quarter.

 

RECOMMENDATION

THAT Council resolve to note the Financial Performance Report for the period ended 31 March 2017.

 

 


Ordinary Council Agenda                                                                                    Tuesday 9 May 2017

 

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Ordinary Council Agenda                                                                       Tuesday 9 May 2017

 

6.5       Partnerships & Engagement

6.5.1    Assemblies of Councillors - 9 May 2017

File No:                                  188199   

Responsible Officer:           Acting Director Partnership and Engagement

Author:                                  Governance Officer   

 

Report

Summary

To report to Council the records of Assemblies of Councillors in accordance with Section 80A(2) of the Local Government Act.

Background

The Local Government Act 1989 requires records of Assemblies of Councillors to be reported to an ordinary Council meeting and recorded in the minutes of that meeting.

A meeting is an assembly of Councillors if it considers matters that are likely to be the subject of a Council decision or the exercise of a Council delegation and the meeting is:

·    A planned or scheduled meeting that includes at least half the Councillors and a member of Council staff; or

·    An advisory committee of Council where one or more Councillors are present.

A record must be kept of an assembly of Councillors which lists the Councillors and members of Council staff attending, the matters discussed, disclosures of conflict of interest and whether a Councillor left the meeting after making a disclosure.

Proposal

Assemblies of Councillors records not previously reported to Council are detailed in the following table:-

Assembly Details

Councillor attendees

Officer attendees

Matters discussed

Property Strategy Workshop

27 March 2017

Cr Lalios

Cr Monteleone

Cr Alessi

Cr Desiato

DCRS

MPV

PAO

SPO

 

1.     Establishment and Development of the Property Strategy in conjunction with Ernst & Young and questionnaires distributed to Mayor & Councillors, ELT and appropriate Council officers.

Nil disclosures

Property Strategy Workshop

31 March 2017

Cr Cox

Cr Pavlidis

DCRS

MPV

PAO

SPO

 

1.     Establishment and Development of the Property Strategy in conjunction with Ernst & Young and questionnaires distributed to Mayor & Councillors, ELT and appropriate Council officers.

Nil disclosures

Council Forum

11 April 2017

Cr Kirkham

(Mayor)

Cr Kelly
(Deputy Mayor)

Cr Alessi

Cr Desiato

Cr Cox

Cr Kozmevski Cr Lalios

Cr Monteleone

CEO - A

DCS

DCRS

DCTP

DPE - A

DPMP - A

MPV

MSP

MCP

SSP

ULWR

1.     Property Strategy.

2.     280 Bridge Inn Road, Mernda - Proposed Planning Scheme Amendment C203 and Proposed Vineyard Facility.

3.     Waste Services Review Update – Service Review Report and Associated Forum Presentation – Confidential

 

Nil disclosures

 

The table below represents an Index of Officer titles:

Initials

Title of Officer

Initials

Title of Officer

CEO - A

Acting Chief Executive Officer – Liana Thompson

MPV

Manager Property & Valuations – Gino Mitrione

DCS

Director Community Services – Russell Hopkins

MSP

Manager Strategic Planning – George Saisanas

DCRS

Director Corporate Services – Helen Sui

PAO

Property Administration Officer – Noeleen O’Keeffe

DCTP

Director City Transport and Presentation– Nick Mann

SPO

Senior Property Officer – Greg Phippen

DPE - A

Acting Director Partnerships and Engagement – Belgin Besim

SSP

Senior Strategic Planner – Lenice White

DPMP –A

Acting Director Planning & Major Projects – Kristen Jackson

ULWR

Unit Leader Waste & Recycling – Bradley Byrne

MCP

Manager City Presentation – Peter Ali

 

 

Consultation

Consultation has taken place with internal Council Officer representatives of each of the meetings and committees that qualify as an Assembly of Councillors.

Financial Implications

There are no financial implications as a result of this report.

Policy Strategy and Legislation

Section 3C(2)(g) of the Local Government Act 1989 provides that one of Council’s facilitating objectives is to have regard to ensuring transparency and accountability in Council decision making.

Accordingly, section 80A of the Local Government Act 1989 requires that the Chief Executive Officer must ensure that the written record of an assembly of Councillors is, as soon as practicable:-

    (a)        reported at an ordinary meeting of the Council; and

    (b)        incorporated in the minutes of that Council meeting.

Links to the CoUNCIL Plan

Future Direction         Good Governance

Theme                          Continuous improvement

Strategic Objective     Best practice models of operation are adopted by Council

Council Goal               Council adopts best practice models of operation

The provision of this report is in line with the Future Direction 7 – Good Governance of Council’s Community Plan by ensuring Council adopts best practice models of operation.

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

CONCLUSION

That Council note the record of the Assemblies of Councillors meetings in the table set out in the report.

 

Recommendation

THAT Council note the record of the Assemblies of Councillors meetings in the table set out in the report.

 

  


Ordinary Council Agenda                                                                       Tuesday 9 May 2017

 

6.6       Executive Services

Nil Reports 


Ordinary Council Agenda                                                                       Tuesday 9 May 2017

 

7.         Notices of Motion

7.1       Notice of Motion - 824 – Assurance audit following departure of chief executive officer

File No:                                  

 

A Councillor has given notice that it is their intention to move a Notice of Motion at the Ordinary Meeting of Council to be held on Tuesday 9 May 2017 at 6:30pm.

Closed to Public

This Notice of Motion is presented to Council as a confidential item on the basis that it contains details relating to personnel matters, in accordance with Section 89(2)(a) of the Local Government Act 1989.  

Do not delete this line

 

Recommendation

THAT Council resolve to close the meeting to members of the public for the purpose of considering details relating to Notice of Motion 824, in accordance with Section 89(2) of the Local Government Act 1989:

(a)        personnel matters

 

 

 


8.         Questions to Officers

9.         Urgent BusineSS

10.       Reports from Delegates Appointed BY Council TO Other Bodies

11.       Questions to CouncillorS

 


Ordinary Council Agenda                                                                       Tuesday 9 May 2017

 

12.       Confidential Business

12.1     Planning and Major Projects

12.1.1  DESIGN SERVICES FOR REDEVELOPMENT OF MILL PARK LEISURE CENTRE CONTRACT 2016-6 - CONTRACT VARIATION REPORT

File No:                                  194933

Responsible Officer:           Director Planning & Major Projects

Author:                                  Senior Contracts Executive

Report

 

It is proposed that the following item be considered in closed session.

 

Recommendation

 

 

THAT Council resolve to close the meeting to members of the public for the purpose of considering details relating to the following, in accordance with Section 89(2) of the Local Government Act 1989:

 

(d)       contractual matters

  


Ordinary Council Agenda                                                                       Tuesday 9 May 2017

 

12.2     Community Services

12.2.1  Provision of HACC Property Maintenance Services Contract SR111207 - Contract Variation Report

File No:                                  .

Responsible Officer:           Acting Director Community Services

Author:                                  Aged & Disability Special Projects Officer

Report

 

It is proposed that the following item be considered in closed session.

 

Recommendation

 

 

THAT Council resolve to close the meeting to members of the public for the purpose of considering details relating to the following, in accordance with Section 89(2) of the Local Government Act 1989:

 

(d)       contractual matters

  


Ordinary Council Agenda                                                                       Tuesday 9 May 2017

 

12.3     City Transport and Presentation

12.3.1  Provision of Pre-Booked Kerbside Greenwaste

File No:                                  12345

Responsible Officer:           Director City Transport & Presentation

Author:                                  Unit Leader Environmental Operations

Report

 

It is proposed that the following item be considered in closed session.

 

Recommendation

 

 

THAT Council resolve to close the meeting to members of the public for the purpose of considering details relating to the following, in accordance with Section 89(2) of the Local Government Act 1989:

 

(d)       contractual matters

 


Ordinary Council Agenda                                                                       Tuesday 9 May 2017

 

12.3.2  Supply and Installation of Irrigation System Mosaic Ovals - Contract CT1213123 - Finalisation Report

File No:                                  192287

Responsible Officer:           Director City Transport & Presentation

Author:                                  Parks Maintenance Supervisor

Report

 

It is proposed that the following item be considered in closed session.

 

Recommendation

 

 

THAT Council resolve to close the meeting to members of the public for the purpose of considering details relating to the following, in accordance with Section 89(2) of the Local Government Act 1989:

 

(d)       contractual matters

  


Ordinary Council Agenda                                                                       Tuesday 9 May 2017

 

12.4     Corporate Services

12.4.1  TEMPORARY AGENCY STAFF MANAGEMENT SYSTEM - VARIATION REPORT - CONTRACT 2014-190

File No:                                  N/A

Responsible Officer:           Director Corporate Services

Author:                                  Manager Corporate Accountability and Performance

Report

 

It is proposed that the following item be considered in closed session.

 

Recommendation

 

 

THAT Council resolve to close the meeting to members of the public for the purpose of considering details relating to the following, in accordance with Section 89(2) of the Local Government Act 1989:

 

(d)       contractual matters

  


Ordinary Council Agenda                                                                       Tuesday 9 May 2017

 

12.5     Partnerships & Engagement

Nil Reports


Ordinary Council Agenda                                                                       Tuesday 9 May 2017

 

12.6     Executive Services

12.6.1  MEETINGS OF THE CHIEF EXECUTIVE OFFICER 10 April to 28 April 2017

File No:                                  800650

Responsible Officer:           Acting Chief Executive Officer

Author:                                  Executive Assistant to Chief Executive Officer

Report

 

It is proposed that the following item be considered in closed session.

 

Recommendation

 

 

THAT Council resolve to close the meeting to members of the public for the purpose of considering details relating to the following, in accordance with Section 89(2) of the Local Government Act 1989:

 

(h)       Any other matter which the Council or special committee considers would prejudice the Council or any person

 


Ordinary Council Agenda                                                                       Tuesday 9 May 2017

 

13.       Closure