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Minutes

 

OF Ordinary
COUNCIL MEETING

HELD ON

Tuesday 19 September 2017

AT 6.30PM

In Council Chamber, 25 Ferres Boulevard, South Morang


Ordinary Council Minutes                                                         Tuesday 19 September 2017

 

 

 

COUNCILLORS

 

RICKY KIRKHAM                            MAYOR, 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 Minutes                                                         Tuesday 19 September 2017

 

 

 

SENIOR OFFICERS

 

 

SIMON OVERLAND                          CHIEF EXECUTIVE OFFICER

RUSSELL HOPKINS                         DIRECTOR COMMUNITY SERVICES

STEVE O’BRIEN                                DIRECTOR PLANNING AND MAJOR PROJECTS

NICK MANN                                       DIRECTOR CITY TRANSPORT & PRESENTATION

HELEN SUI                                        DIRECTOR CORPORATE SERVICES

LIANA THOMPSON                          DIRECTOR PARTNERSHIPS & ENGAGEMENT

MICHAEL TONTA                              MANAGER GOVERNANCE

 

 


Ordinary Council Minutes                                                         Tuesday 19 September 2017

 

 

ORDER OF BUSINESS

 

The Chief Executive Officer submitted the following business:

 

1.            Opening.. 9

1.1         MEETING OPENING AND PRAYER.. 9

1.2         ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT.. 9

1.3         Cr BUTLER VALE.. 9

1.4         Present.. 11

2.            Apologies.. 11

3.            Declarations of Interest.. 12

4.            Confirmation of Minutes of Previous Meeting.. 12

5.            QUESTIONS TO COUNCILLORS, Petitions and Joint Letters.. 13

5.1         QUESTIONS TO COUNCILLORS.. 13

5.1.1       Greek Orthodox Community of Whittlesea - Senior Citizens Grants - Secretary George Tsiogris. 13

5.1.2       Road Sweeping of Bike Lane on Plenty Road.. 14

5.2         Petitions.. 14

Nil Reports.. 14

5.3         Joint Letters.. 14

Nil Reports.. 14

6.            Officers’ Reports.. 15

6.1         Planning and Major Projects.. 17

6.1.1       PLANNING SCHEME AMENDMENT - COOPER STREET EMPLOYMENT AREA PLANNING CONTROLS REVIEW... 17

6.1.2       60 Jacks Creek Road, Humevale - Use and Development of a Telecommunications Facility.. 23

6.1.3       870 Donnybrook Road, Donnybrook - Use and Development of Land for Trade Supplies, Display of Advertising Signage, Variation of Loading Bay Requirements, Creation and Alteration of Access to a Road in a Road Zone Category 1, Reduction of Bicycle Parking Requirements and Demolition of a Dry Stone Wall. 33

6.1.4       2016/17 Year End New Works Program Report. 51

6.2         Community Services.. 57

6.2.1       Disability Action Plan 2017-2021. 57

6.2.2       SENIOR CITIZENS CLUBS' GRANTS 2017-2018. 63

6.3         City Transport and Presentation.. 69

6.3.1       PETITION RESPONSE - DIRT BIKE ACTIVITY IN AND AROUND MERNDA VILLAGE AND QUARRY HILLS.. 69

6.3.2       Plenty Road Shared Path.. 73

6.4         Corporate Services.. 77

6.4.1       Road Discontinuance  - Downs Road - 135-161 Barry Road Thomastown.. 77

6.5         Partnerships & Engagement.. 81

6.5.1       Community Transport Policy, City of Whittlesea.. 81

6.5.2       Assemblies of Councillors report - 19 September 2017. 87

6.5.3       POST - ELECTION STATUTORY REVIEW OF COUNCIL DELEGATION TO STAFF. 91

6.6         Executive Services.. 95

Nil Reports.. 95

7.            Notices of Motion.. 97

7.1           NOTICE OF MOTION NO. 830 - NAMING OF ROAD IN THE MERNDA TOWN CENTRE.. 97

8.            Questions to Officers.. 99

8.1           Effectiveness of Line Marking in Mill Park Drive Mill Park   99

9.            Urgent Business.. 99

10.         Reports from Delegates Appointed to Council by Other Bodies.. 101

10.1        Whittlesea Reconciliation Group.. 101

10.2        Whittlesea Multicultural Communities Council. 101

10.3        Whittlesea YMCA.. 101

11.         Questions to Councillors.. 103

12.         Confidential Business.. 105

12.1       Planning and Major Projects.. 105

12.1.1    LANDSCAPE ARCHITECTURAL AND CONSULTANCY SERVICES FOR THOMASTOWN STREETSCAPES CONTRACT 2017-14 - TENDER EVALUATION REPORT. 105

12.2       Community Services.. 105

12.2.1    Sporting Clubs Outstanding Debtors.. 105

12.3       City Transport and Presentation.. 105

12.3.1    Supply and Delivery of Quarry Products - Contract No: 2014-124 - Contract Variation.. 105

12.3.2    Provision of Grading Services - Contract No: SR121301 - Variation.. 105

12.4       Corporate Services.. 105

12.4.1    Contract 2014-21 - Contract Extension.. 105

12.5       Partnerships & Engagement.. 105

12.5.1    Contract 2016-228 Online Procurement Tool for design, print, mail and associated services - Tender Evaluation.. 105

12.5.2    Independent membership of CEO Employment Matters Advisory Committee - Short term reappointment. 105

12.6       Executive Services.. 105

12.6.1    MEETINGS OF THE CHIEF EXECUTIVE OFFICER 21 AUGUST to 8 SEPTEMBER 2017. 105

13.         Closure.. 106

 

 

Note:

In these Minutes, Resolutions adopted by Council are indicated in bold text.

 

 

 


Ordinary Council Minutes                                                         Tuesday 19 September 2017

 

1.         Opening

1.1       MEETING OPENING AND PRAYER

The Chief Executive Officer opened the meeting with a prayer at 6.30PM.

1.2       ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT

On behalf of the City of Whittlesea the Mayor recognised the rich Aboriginal heritage of this country and acknowledged the Wurundjeri Willum Clan as the Traditional Owners of this place.

1.3       Cr BUTLER VALE

Last week we sadly farewelled one of our colleagues, Councillor John Butler, who passed away after an illness.

The City of Whittlesea acknowledges and pays respect to the contribution Cr Butler made to the nation, his local community and the Council.

Cr Butler spent 39 years in the Australian Regular Army, achieving the rank of Lieutenant Colonel before retiring.

Cr Butler was first elected as North Ward Councillor at the City of Whittlesea in October 2016.

A passionate member of the Doreen community, Cr Butler was involved in a number of community organisations, including as a volunteer fire fighter with the Doreen Country Fire Authority.

Cr Butler also recently served as the inaugural president of the Doreen RSL Sub‑Branch.

Cr Butler was highly respected by the community and Council staff who had the privilege of working with him. He provided his time without question and was trusted mentor to many. 

His warm, kind nature and humor were notable traits that will leave a lasting legacy amongst his family and friends.

Cr Butler will be sorely missed. Our thoughts continue to be with his family and loved ones during this difficult time.

 

One minute silence was observed.

 

 


1.4       Present

Members:

Cr Ricky Kirkham                Mayor (North Ward)

Cr Norm Kelly                      Deputy Mayor (South East Ward)

Cr Sam Alessi                      Councillor (South East Ward)

Cr Alahna Desiato               Councillor (South East Ward)

Cr Mary Lalios                     Councillor (South East Ward)

Cr Stevan Kozmevski         Councillor (South West Ward)

Cr Caz Monteleone             Councillor (South West Ward)

Cr Kris Pavlidis                    Councillor (South West Ward)

Officers:

Mr Simon Overland             Chief Executive Officer

Mr Steve O'Brien                 Director Planning and Major Projects

Mr Russell Hopkins             Director Community Services

Mr Nick Mann                      Director City Transport & Presentation

Ms Helen Sui                       Director Corporate Services

Ms Liana Thompson            Director Partnerships & Engagement

Mr Michael Tonta                Manager Governance

2.         Apologies

It is noted that a leave has previously been granted to Cr Cox until 25 September 2017.

Apology

An apology was received on behalf of Councillor Sterjova who requested that leave be granted for this meeting.

Council Resolution

Moved:                       Cr Pavlidis

Seconded:               Cr Lalios

 

THAT the Councillor's apology be received and leave be granted.

Carried


3.         Declarations of Interest

THE FOLLOWING DECLARATIONS OF INTEREST WERE MADE TO THE CHIEF EXECUTIVE OFFICER DURING THE MEETING:

Cr Monteleone declared an indirect interest by close association in Item 6.1.3 870 Donnybrook Road, Donnybrook - Use and Development of Land for Trade Supplies, Display of Advertising Signage, Variation of Loading Bay Requirements, Creation and Alteration of Access to a Road in a Road Zone Category 1, Reduction of Bicycle Parking Requirements and Demolition of a Dry Stone Wall on the grounds that relatives own land nearby and his workplace is nearby.

 

4.         Confirmation of Minutes of Previous Meeting

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Desiato

 

That the following Minutes of the preceding meeting as circulated, be confirmed:

Ordinary Meeting of Council held 29 August 2017.

Carried

 

 


5.         QUESTIONS TO COUNCILLORS, Petitions and Joint Letters

5.1       QUESTIONS TO COUNCILLORS

 

5.1.1    Greek Orthodox Community of Whittlesea - Senior Citizens Grants

File No:   195731

Greek Orthodox Community of Whittlesea, Secretary George Tsiogris.

1.      We the Greek Orthodox Community (GOC) of Whittlesea do not accept your report about the GOC of Whittlesea women’s group, in your report you state that you have made a decision to not award a grant to the Women’s group. You state there is a dispute which has not been resolved. Who said there is a dispute?

2.      Has the Council spoken to the GOC of Whittlesea and to the GOC of Whittlesea Women’s Group to ask whether there is a dispute?

3.      Has the Council ever withheld a grant such as this for any group before finding out if anything is wrong?

4.      Does the Women Group meet the requirements of Council to be eligible for a grant?

a)     Does the Council know the GOC of Whittlesea Women’s Group is auspice by the GOC of Whittlesea;

b)     Does the Council know the GOC of Whittlesea Women’s Group has insurance;

c)    Does the Council know the GOC of Whittlesea Women’s Group has signed a code of conduct;

d)    If all of the requirements are met what exactly is the issue?

Response from the Mayor

1.      A number of current and previous members of the Women’s Group have raised concerns in regard to the relationship between the Association and the Women’s Group, both with officers and the Association itself.

2.      Officers have a scheduled meeting with representatives from the Greek Orthodox Committee on 21 September 2017, and have previously offered to meet with the group.  Offers to meet with all parties will also be extended.

3.      Officers are of the opinion that a dispute exists and are working to resolve the matter before distributing funds.

4.        Each of the requirements have been met. The issue is outlined in the answer to previous questions.

 


 

5.1.2    Road Sweeping of Bike Lane on Plenty Road

Mark Di Pasquale

Thank you for the opportunity to ask how often the bike lanes on Plenty Road are swept?

Being a recreational cyclist and commuter (when the weather is warm) I join many cyclists using Plenty Road locally in South Morang and also further north to Whittlesea.

If has occurred to me that the small stones and debris are continually being swept off the road and into the bike lane.

May I request that Council look to sweep the stones and debris off the bike lane as well?

Response from the Mayor

Council has a maintenance contract with VicRoads to sweep the major or arterial roads in the City of Whittlesea (including Plenty Road) most Saturdays.

Council sweeps the rest of the roads in the City of Whittlesea on a 6-7 week cycle. While sweepers have traditionally concentrated on the channels at the side of the road, more recently efforts have been made to include bike lanes..

5.2       Petitions

            Nil Reports

5.3       Joint Letters

            Nil Reports   


Ordinary Council Minutes                                                         Tuesday 19 September 2017

 

6.         Officers’ Reports

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Desiato

 

THAT Council resolve to adopt the Recommendations for items numbers 6.3.1, 6.3.2, 6.4.1, 6.5.2 and 6.5.3 .

Carried

 

 

 

Group Adoption of Items En Bloc

Councillors may choose not to consider reports on the Notice Paper individually and to resolve to adopt, in one resolution, the recommendations listed on the Notice Paper for a number of reports. Such a resolution will have the effect of adopting the Officer’s recommendation for each of the reports identified in the Council resolution. The remaining items of business are considered and voted on separately.

 

 


Ordinary Council Minutes                                                         Tuesday 19 September 2017

 

6.1       Planning and Major Projects

6.1.1    PLANNING SCHEME AMENDMENT - COOPER STREET EMPLOYMENT AREA PLANNING CONTROLS REVIEW

File No:                                  194010

Attachments:                        1        Locality map   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Senior Strategic Policy Planner    

 

Report

EXECUTIVE Summary

The purpose of this report is to make recommendations to amend the Whittlesea Planning Scheme, to update and streamline the planning controls affecting the Cooper Street Employment Area.

Cooper Street Employment Area is an employment precinct of State significance, providing for a diverse range of industrial and commercial uses. It is ten years since the introduction of the Cooper Street Employment Area planning framework, and the precinct has been subject to significant demand for employment land.

A review of the controls was undertaken to ensure that the positive outcomes on the ground could be maintained whilst also making sure that processing times could be reduced to ensure timely development. 

While the controls have served their purpose and delivered extremely good outcomes on the ground to date, the review identified the following benefits of amending the planning scheme to streamline the planning controls:

·          Greater clarity about what uses can be expected in certain locations.

·          Reduced ambiguity when making a decision about an application.

·          Reduce VCAT appeals and prevent the approval of developments that do not accord with the initial vision for the Cooper Street Employment Area.

The measures proposed by this amendment are essentially technical and policy neutral in nature and relate to process improvement, increased transparency and reduced permit processing times, which will positively contribute to the level of investment and job creation.

The proposed amendment is supported by State planning policy, which provides that it is Council’s responsibility to carefully plan existing industrial areas to facilitate further development.  Through its Smart Planning Program, the state government has identified that making planning controls easier to understand and more efficient results in more effective and consistent decision making and reduced compliance/processing costs.

It is recommended that Council resolve to seek authorisation from the Minister for Planning, to prepare and exhibit an amendment to the Whittlesea Planning Scheme.

BACKGROUND

Cooper Street Employment Area is an employment precinct of State significance, providing for a diverse range of industrial and commercial uses. The precinct is bounded by the Hume Freeway to the west, O’Herns Road to the north, Cooper Street to the south, and land zoned for industrial and activity centre purposes to the east (refer Attachment 1).

It is ten years since the introduction of the CSEA planning framework, and the precinct has been subject to significant demand for employment land. Circumstances that have driven this demand include the establishment of the Melbourne Wholesale Markets and existing and proposed transport infrastructure such as the Hume Freeway, the Cooper Street freeway interchange, and the proposed interchange at O’Herns Road. 

The strategic importance of the precinct is acknowledged in the Metropolitan Planning Strategy (Plan Melbourne 2017-2050), where it is identified as part of the State Significant Northern Industrial Precinct.

The original CSEA Planning Scheme Amendment (PSA) was exhibited as Amendment C31 in 2004 but finished as C100 in 2007. Amendment C100 rezoned 244ha of land to Comprehensive Development Zone Schedule 2 (CDZ2) and applied the Development Plan Overlay, Development Contributions Plan Overlay and Design and Development Overlay, supported by a set of Design and Siting Guidelines.

Council subsequently changed its approach between exhibition and the Amendment C31 Panel Hearing, deleting the Design and Development Overlay and opting for the Design and Siting Guidelines to be incorporated in the Whittlesea Planning Scheme and referenced in Schedule 2 to the Comprehensive Development Zone.

The purpose of this “package” of planning controls was to provide a sound basis for the delivery of local and regional development infrastructure to establish the Cooper Street Employment Area as a major industrial complex, whilst ensuring that development would be of the highest possible quality.

It is noted that none of the submissions to the amendment process took issue with the “package” of planning controls as subsequently approved.  

REVIEW AND CONSULTATION

During 2013-2014, a number of use and development applications were received by Council that resulted in amendments to the Development Plan. These amendments altered both the road network and the designated location of certain uses, introducing inconsistencies between the Comprehensive Development Plan (CDP) and the Development Plan (DP). The emerging inconsistencies have caused ambiguity for prospective developers and for Council statutory planners, because a land use proposal may accord with one plan but not the other.

Consistency between the CDP and the DP is integral to the operation of the planning controls that apply to the precinct. A stated purpose of the CDZ2 is to “provide for the use and development of land generally in accordance with the Cooper Street Employment Area Comprehensive Development Plan”.

The inconsistencies in the controls have eroded their authority and clarity, potentially resulting in use and development applications being approved that do not accord with the strategic vision for the Cooper Street Employment Area.

The identification of the issue resulted in a review of the Cooper Street Employment Area planning controls, including consultation with two of the main developers in the precinct – MAB and Northpoint.

A key outcome of the consultation was the need to ensure the currency of the controls and streamline the development assessment process. The consultation and review identified the following issues:

·        Identified inconsistencies between the layouts of the DP and the CDP have resulted in a redundant version of the DP being shown in the Design and Use Guidelines.

·        The Design and Use Guidelines contain highly prescriptive advice regarding the location of particular uses, despite higher level guidance provided in Schedule 2 to the Comprehensive Development Zone (CDZ2) and within two incorporated plans, the CDP and the DP. This represents unnecessary duplication.

·        Removal of the mandatory requirement in CDZ2 (in Table of Uses and Clause 2.0) to ensure land uses are located in accordance with the Design and Use Guidelines would remove an unnecessary (and, at times, contradictory) step in the planning assessment;

·        The Design and Use Guidelines should be reviewed to;

o   Remove advice relating to land use, which is duplicated in the CDP and DP;

o   Reflect contemporary building materials and design; and

o   Align the text with current planning scheme definitions and content. The instructions in the document relating to the location of uses are both repetitive and contradictory. Frequently, land uses that are nested together in the planning scheme are identified as “appropriate” or “inappropriate” when located in different parts of the road network. Such guidance potentially seeks to override the zone provisions, and is not readily apparent to prospective land purchasers.

The review highlighted that providing greater clarity and reducing ambiguity in the controls would provide direct benefit in streamlining the assessment process and expediting development of land for employment purposes to ensure job creation.

DETAILS OF PROPOSED AMENDMENT

One outcome of the review was the recognition that any planning scheme amendment to resolve the issues would be technical in nature, representing an improvement to processes by removing inconsistencies and duplication to achieve consistency and efficiency in development approvals but without providing any material change “on the ground”.

For this reason, exhibition of the amendment is proposed to be limited in scope to those directly affected by these processes. i.e. precinct landowners/occupiers and adjacent landowners/occupiers on the eastern boundary of the precinct where road connections may impact a future subdivision layout.

Although the proposed changes appear quite extensive in number across the range of documents, they do not amount to a change in policy. Rather, they improve clarity in the wording of controls and increase the degree to which the planning controls support the purpose of the zone.

The key changes are summarised as follows:

Comprehensive Development Zone Schedule 2

The proposed changes to the Comprehensive Development Zone Schedule 2 (CDZ2) will make the Comprehensive Development Plan (CDP) the sole point of reference in determining whether a proposed land use is “as of right” (a Section 1 use) or subject to Council’s discretion (a Section 2 use). This determination was previously made by reference to both the CDP and the Design and Use Guidelines.

This change requires revision to Clause 2.0 of the schedule to remove the reference to “land use” guidance in the Design and Use Guidelines.  Compliance to the Design and Use Guidelines as outlined in Schedule 2 to the CDZ currently oscillates between “should” comply and “must” comply. Under the amendment, Schedule 2 would be revised to reflect the discretionary nature of the Design and Use Guidelines and to reinforce its role in encouraging high standards of urban design and landscaping.

Cooper Street Employment Area Comprehensive Development Plan and Cooper Street Employment Area Development Plan  

The layouts of the CDP and the DP are to be re-aligned, after a number of past Planning Scheme Amendments made changes to the DP without updating other related documents.

The plans will be updated to reflect major road connections that have been constructed, or that are established by planning permit conditions.

The plan legends will be updated for consistency with current planning terminology. For example, “business” uses will be revised to “commercial” uses and the reference to “employment” uses will be removed.

The Cooper Street Employment Area Development Plan document will be revised to include the section containing planning permit application requirements which was previously provided in the Design and Use Guidelines. The section would be relocated to Section 6 (Implementation) of the Development Plan document.

Cooper Street Employment Area Design and Use Guidelines

This document would be revised to include the current version of the DP, and the text would be updated to reflect contemporary planning practice, urban design and construction methods. Some minor errors in the text would also be corrected.

As already mentioned elsewhere in the report, it is proposed that the land use guidance be removed from the document. The guidance conflicts in parts with what is allowed under the zone.

Given the proposed removal of land use guidance from the document, it would be renamed Cooper Street Employment Area Design Guidelines. The revisions have had the advantage of reducing the overall length of the document by more than half.

Development Contributions Plan

No changes are proposed to the Development Contributions Plan document (DCP) as part of this amendment.

NOTIFICATION

The proposed PSA affects planning assessment processes, rather than changing the type of land use or development expected in the area. As such, it is proposed that the planning scheme amendment undergo limited notification pursuant to Section 20(2) of the Planning and Environment Act 1987. Notification would be provided to precinct landowners/occupiers, as well as adjacent landowners/occupiers on the eastern boundary of the precinct where road connections may impact a future subdivision layout.

Policy strategy and legislation

Plan Melbourne 2017-2050

The proposed Planning Scheme Amendment is supported by Policy 1.1.6 from Plan Melbourne 2017 – 2050. Plan Melbourne identifies five State Significant Industrial Precincts, one of which is the Northern Industrial Precinct which includes the Cooper Street Employment Area. The policy states:

Melbourne’s major industrial areas have become more attractive through recent investments in Victoria’s transport network and hubs. Unlike many other cities, Melbourne is well positioned to absorb additional growth near major transport gateways and freight terminals.

State Planning Policy Framework

The proposed amendment is generally consistent with:

·        Clause 17.01-1 of the Whittlesea Planning Scheme (State Planning Policy Framework) which seeks to provide outlets of trade-related goods or services directly serving or ancillary to industry and which have adequate on-site car parking.

·        Clause 17.02-1 of the Whittlesea Planning Scheme (State Planning Policy Framework) which seeks to protect and carefully plan existing industrial areas to, where possible, facilitate further industrial development.

Local Planning Policy Framework, including the Municipal Strategic Statement

The proposed amendment is also consistent with the objectives and strategies set out in the Local Planning Policy Framework relating to employment and economic development (Clause 21.10 of the Whittlesea Planning Scheme). Relevant strategies include:

·        maximise retention of as much of the local resident industrial owner occupier market as possible in the short term;

·        attract the maximum number of local industries to service the growing local population;

·        substantially increase the range and quality of sites and the quality of services to them; and

·        differentiate future large scale industrial estates based on local conditions and other comparative advantages.

Links to the CoUNCIL Plan

Council Priority                    Jobs and Investment

Future Direction                   Growing our economy

Theme                                   Employment

Strategic Objective              We have access to local employment opportunities

The proposed Planning Scheme Amendment is supported by the Council Goal “We grow our economy by attracting jobs and investment” and the following Strategic Objectives:

·        We have access to local employment opportunities.

·        New business and investment are attracted to 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 amendment proposes to update the controls applying to the Cooper Street Employment Area.  The need for this amendment has arisen after a review of the planning controls. The changes proposed in this amendment are policy neutral.  The amendment is focussed on ensuring consistency and reducing the layers of complexity of the current controls to streamline the planning assessment process, which will in turn, improve transparency around the use and development that can be expected in the precinct.

The revised Design and Use Guidelines will retain the existing overall guidance on urban design and built form, updating the content in line with current planning practice, contemporary construction techniques and high quality urban design

Limited notification is proposed as the Amendment has a fairly narrow focus on revising existing controls in order to improve the planning assessment process. Providing broader notification than is strictly necessary increases the likelihood of receiving submissions that are beyond the scope of the Amendment.

It is recommended that Council resolve to seek authorisation from the Minister for Planning to prepare and exhibit the amendment as detailed in this report, and to undergo limited notification pursuant to Section 20(2) of the Planning and Environment Act 1987.

 

RECOMMENDATION

THAT Council resolve to:

1.       Seek authorisation from the Minister for Planning to prepare and exhibit an amendment to the Whittlesea Planning Scheme pursuant to Section 20(2) of the Planning and Environment Act 1987, to update and revise the planning controls as follows:

a)      Comprehensive Development Zone Schedule 2

b)      Cooper Street Employment Area Comprehensive Development Plan

c)      Cooper Street Employment Area Development Plan

d)      Cooper Street Employment Area Design and Use Guidelines.

2.       Prepare amendment documentation and place on exhibition if authorisation is provided by the Minister for Planning.

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Pavlidis

 

THAT Council resolve to adopt the Recommendation.

Carried

 


Ordinary Council Minutes                                                         Tuesday 19 September 2017

 

6.1.2    60 Jacks Creek Road, Humevale - Use and Development of a Telecommunications Facility

File No:                                  716012

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Senior Planner   

 

APPLICANT:                                  Ericsson Australia Pty Ltd

COUNCIL POLICY:              Nil

ZONING:                               Green Wedge A Zone

OVERLAY:                            Heritage Overlay (in part)

REFERRAL:                          Nil

OBJECTIONS:                      Nine

RECOMMENDATION:         That Council approve the application

Report

EXECUTIVE Summary

The applicant proposes to construct a telecommunications facility on the land at 60 Jacks Creek Road, Humevale. The telecommunications facility consists of a 40m high pole that will be located within a group of trees on a hill located in the south east portion of the site. The purpose of the facility is to provide access for local residents to the National Broadband Network (NBN).

Advertising of the proposal resulted in nine objections being received. The grounds of objection relate to the height and visual appearance, impact on local fauna, inconsistency with the Whittlesea Planning Scheme and property devaluation.

The proposal demonstrates a satisfactory level of compliance with the relevant provision of the Whittlesea Planning Scheme, including Clause 52.19 ‘Telecommunications Facilities’. On this basis, it is recommended that Council approve the application.

SITE AND SURROUNDING AREA

The subject site is a rural property located on the eastern side of Jacks Creek Road Humevale, approximately 350m north of the intersection with Yea Road (see Attachment 1).  The subject site is rectangular in shape and has a total area of approximately 19.26ha. The site is currently occupied by a dwelling located in the western portion of the site.

The topography of the site is undulating with a steep incline towards the east, providing an increase in elevation of 63m. While the site has been mostly cleared of vegetation, the hill within the eastern portion of the site has a large number of scattered trees, while the area surrounding the dwelling is well vegetated and includes a row of elm trees that are protected by a Heritage Overlay (HO112).

The surrounding area is generally characterised as an undulating rural landscape comprised of large lots, some containing a single dwelling.

restrictions and easements

The Certificate of Title for the property shows that the site is not affected by any encumbrances or restrictions.

Proposal

The application is for the construction of a telecommunications facility on the subject land which is to be located on the eastern side of Jacks Creek Road (see Attachment 2). The telecommunications facility consists of a 40m high pole that will be located within a group of trees on a hill located in the south east portion of the site. The purpose of the facility is to provide access for local residents to the National Broadband Network (NBN).

The proposed telecommunications facility consists of:

·    A monopole with a height of 40m

·    A fenced area around the base of the pole with a total area of 80m2 (10m by 8m)

·    An access track from Jacks Creek Road that generally follows the southern boundary of the site to the location of the telecommunications facility

·    The provision of underground cables along the access track connecting the facility to the NBN

·    Underground cabling towards the existing dwelling providing power.

It is noted that the access track to the site traverses into the neighbouring lot at 445 Yea Road. To ensure that the access arrangement is secured, it is recommended that this land be secured by way of a carriageway easement or similar to the satisfaction of Council.

Public Notification

Advertising of the application has resulted in nine objections being received.  The grounds of objection can be summarised as follows:

·        The application is not consistent with the State and Local Policy Framework, or the provisions of the Whittlesea Planning Scheme

·        Poor visual amenity (from properties and road)

·        Not consistent with the Green Wedge A Zone

·        Not adequately setback from the road

·        Devaluation of property

·        Loss of habitat for local fauna

·        Unfair that the land owner will benefit financially while owners of neighbouring properties will not

·        Unacceptable risk of bushfire

·        Other Councils would not approve similar proposals.

PLANNING ASSESSMENT

The following provides an assessment of the application against the relevant provisions of the Whittlesea Planning Scheme.

State and Local Planning Policy

The following sections of the State and Local Planning Policy Framework are considered to be of relevance to this application:

Clause 12.04-2 ‘Landscapes’ seeks to protect landscapes and significant open spaces that contribute to character, identity and sustainable environments. Relevant strategies include:

·    Improve the landscape qualities, open space linkages and environmental performance in green wedges and conservation areas and non-urban areas.

·    Recognise the natural landscape for its aesthetic value and as a fully functioning system.

Clause 19.03-4 ‘Telecommunications’ seeks to facilitate the orderly development, extension and maintenance of telecommunication infrastructure. Relevant strategies include:

·    Ensure that modern telecommunications facilities are widely accessible to business, industry and the community.

·    Ensure the communications technology needs of business, domestic, entertainment and community services are met.

·    Do not prohibit the use of land for a telecommunications facility in any zone.

·    Encourage the continued deployment of broadband telecommunications services that are easily accessible by:

Increasing and improving access for all sectors of the community to the broadband telecommunications trunk network.

Supporting access to transport and other public corridors for the deployment of broadband networks in order to encourage infrastructure investment and reduce investor risk.

·    In considering proposals for telecommunication services, seek a balance between the provision of important telecommunications services and the need to protect the environment from adverse impacts arising from telecommunications infrastructure.

·      Planning should have regard to national implications of a telecommunications network and the need for consistency in infrastructure design and placement.

Having regard to the abovementioned policies, the proposed telecommunications facility has strong policy support as it minimises its impact on vegetation and on view lines (noting that not all view lines can be preserved) while facilitating the rollout of the NBN.

Green Wedge A Zone

The purpose of the Green Wedge A Zone is, amongst things, to:

·    To protect, conserve and enhance the biodiversity, natural resources, scenic landscapes and heritage values of the area.

·    To ensure that use and development promotes sustainable land management practices and infrastructure provision.

·    To protect, conserve and enhance the cultural heritage significance and the character of rural and scenic non-urban landscapes.

·    To recognise and protect the amenity of existing rural living areas.

Having regard to the purpose of the zone and the relevant decision guidelines, it is clear that the key considerations relate to the character of rural areas and scenic values.  This is managed through minimising the adverse impacts including the visual impact of structures through appropriate siting, design and colours of development.  This must also be balanced with the policy guidance of achieving a modern society and provision of appropriate access to internet and telecommunication services.  The proposed telecommunications facility provides an appropriate response by minimising its impact on vegetation and on view lines (noting that not all view lines can be preserved) while facilitating the rollout of the NBN.

Heritage Overlay

The proposed telecommunications facility requires some works to occur within the Heritage Overlay. This is limited to the provision of underground power from the existing dwelling to the telecommunications facility.

In this instance the purpose of the Heritage Overlay is to protect the row of elm trees and the timber slab barn located on the site. The proposed works will not impact on the barn and are unlikely to have any impact on the elm trees, however a condition of any permit issued will require that if any works are undertaken within the tree protection zone of the elm trees, they must be undertaken under the supervision of a qualified arborist to ensure that no damage is caused to those trees.

Native Vegetation

Clause 52.17 requires a planning permit for the removal of native vegetation. In support of the proposal, the applicant has submitted a Habitat Hectares Assessment that identified the extent of native vegetation that will be removed to accommodate the proposed telecommunications facility.

In this instance, the risk-based pathway is classified as ‘moderate’ and the total area of native vegetation to be affected is 0.35ha. Consequently, the application was not referred to the Department of Environment, Land, Water and Planning as the area is not classified as ‘high risk’ and the total area affected is less than 0.5ha.

The plans clearly show that the applicant has designed the proposal in a way that minimises the removal of native vegetation and is considered to be an acceptable outcome. A permit condition will be included requiring details of vegetation offsets to be provided to Council prior to the endorsement of plans.

Telecommunications Facility

Clause 52.19 provides decision guidelines for assessing a planning permit application for a telecommunications facility.  Of specific relevance to this application, are the principles set out in A Code of Practice for Telecommunications Facilities in Victoria (the Code of Practice).  The following table sets out the principles of the Code of Practice and an assessment of the application against each principle.

 

Principle No. 1

A Telecommunications Facility should be sited to minimise visual impact.

Assessment:

The proposed telecommunications facility has been located on the subject site to use existing vegetation to screen some views of the monopole and site the facility away from roads and key public areas.  While not all views of the facility will be screened, the proposed facility would be far more disruptive to amenity of the area if it was located in a vacant portion of land or closer to the road.

Principle No. 2

Telecommunications facilities should be co-located wherever practical.

Assessment:

The applicant has advised that the facility would be available for other telecommunications facility needs to be co-located at this location.

All infrastructure connecting the proposed telecommunications facility to existing services will be underground.

Principle No. 3

Health standards for exposure to radio emissions will be met.

Assessment:

The proposed telecommunications facility complies with the relevant standard.

Principle No. 4

Disturbance and risk relating to siting and construction should be minimised.

Construction activity and site location should comply with State environmental protection policies and best practice environmental guidelines.

Assessment:

The applicant has submitted an ecological assessment that quantifies the amount of native vegetation that will be affected by the proposed telecommunications facility. The report shows that the application minimises its impact on native vegetation and requires minimum vegetation removal.

It is considered appropriate that a condition of any permit issued should also require the construction of the telecommunications facility be undertaken in accordance with A Code of Practice for Telecommunications Facilities in Victoria.

Comments on Grounds of Objection

·        The application is not consistent with the State and Local Policy Framework, or the provisions of the Whittlesea Planning Scheme

As detailed within the body of this report, the proposal has a high level of consistency with the State and Local Planning Policy Framework and achieves an appropriate balance between competing considerations relating to the appropriate provision of access to internet and telecommunication services for the broader area, as well as visual impacts on the scenic rural landscapes.

·        Poor visual amenity (from properties and road)

The proposed telecommunications facility relies upon ‘line of sight’ to provide access to the NBN. Consequently, this service cannot be provided without having the facility visible from various vantage points. An inspection of the site shows that the heavily treed roadside provides only glancing views towards the subject site. While views of the facility will be more prominent from some adjoining properties, it must be acknowledged that it will not be possible to preserve every view line and provide access to the NBN. On balance, the visual impact is considered to be appropriate.

·        Not consistent with the Green Wedge A Zone

The Green Wedge A Zone provides clear direction that new development must respect the rural amenity, including scenic landscapes. This provides decision makers with reasonable justification to refuse an application that does not have consideration for the purpose and decision guidelines of the Green Wedge A Zone. However, it is noted that the zone contemplates the provision of services such as telecommunications and how they are sited on land within this zone. As detailed in this report, the proposed development is considered to provide an acceptable location having regard to the surrounding land and needs of the telecommunications facility to function effectively.

·        Not adequately setback from the road

The proposed telecommunications facility is proposed to be setback approximately 100m from Yea Road. This setback, combined with existing roadside vegetation, is considered to be adequately setback from Yea Road and will not unreasonably detract from the visual amenity of the area.

·        Devaluation of property

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

·        Loss of habitat for local fauna

As detailed in the body of this report, the impact of the telecommunications facility on the habitat for local fauna is minimal and considered to be acceptable.

·        Unfair that the land owner will benefit financially while owners of neighbouring properties will not.

The financial gain of the land owner is not a relevant planning consideration.

·        Unacceptable risk of bushfire

The proposed telecommunications facility is unlikely to present an unacceptable risk of bushfire and does not create any more risk than existing dwellings dispersed throughout the area. Additionally, it is noted that a facility such as this may be of assistance to both residents and emergency services in the event of a bushfire through the provision of additional communications and internet services.

·        Other Councils would not approve similar proposals

This is not a relevant planning consideration as each municipality is different, with differing planning controls and policy and there has been no evidence provided to support this claim.

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 and in particular the decision guidelines of the Green Wedge A Zone, the Heritage Overlay, Clause 52.17 (Native Vegetation) and Clause 52.19 (Telecommunications Facilities).

The applicant has selected the proposed location for the facility based on the need for improved services, the presence of existing infrastructure such as power and telecommunication lines and the natural features of the surrounding landscape.  By locating the facility within a clearing on a treed hilltop, the dominance of the proposed facility within the surrounding landscape will be minimised.

Access to internet and telecommunication services is an essential component of modern day living in all areas across the state.  It is often difficult to achieve a balance between providing such services, the benefit of which are plentiful, and avoiding any visible structure on the landscape.  It is considered that the proposed facility has achieved that balance and is appropriately sited to minimise its visual impact, whilst forming part of a broader telecommunications network to service the local community.  Accordingly, it is recommended that the application be approved.

 

Recommendation

THAT Council resolve to approve Planning Application No. 716012 and issue a Notice of Decision to Grant a Permit for the use and development of a telecommunications facility, removal of native vegetation and works within a Heritage Overlay at 60 Jacks Creek Road and 445 Yea Road, Humevale, in accordance with the endorsed plans and subject to the following conditions:

1.       Prior to the commencement of works, a carriageway easement or similar other means of securing permanent access to the facility across 445 Yea Road must be implemented to the satisfaction of the Responsible Authority, or an alternative access road provided on site that avoids the removal of any additional vegetation must be shown on the plans.

2.       The use and development allowed by this permit and shown on the plans and/or schedules endorsed to accompany this permit shall not be amended for any reason without the consent of the Responsible Authority.

3.       Where any works are proposed within the Tree Protection Zone of any Elm trees protected under the Heritage Overlay, such works must be supervised by a qualified arborist to ensure no damage to the trees to the satisfaction of the Responsible Authority.

4.       No trees, dead or alive, or remnant vegetation is to be removed, lopped or adversely impacted upon by the construction process, unless in accordance with the endorsed plans.

5.       Prior to the commencement of works, all scattered trees and remnant vegetation to be retained in the vicinity of any works as per the endorsed plans must be protected:

a)      Trees are to be protected in accordance with the Tree Protection Zone to the standards requirements by the City of Whittlesea (SDL.2.01) and areas of native vegetation to be retained must be temporarily fenced off with secure and obvious fencing. Fencing must comply with the Australian Standard for the protection of trees/native vegetation on development sites (AS4970-2009).

b)      Fencing must be signposted as ‘Tree Protection Zone’ or “No Go Zone” and must remain in place for the entire construction period.

6.       No construction works, compaction, nor any placement or storage of fill, vehicles, machinery or materials are permitted to occur within the Tree Protection Zones and No Go Zones.

7.       Trees to be removed:

a)      Wherever possible and appropriate, native trees to be removed should be retained for use in core conservation areas for habitat purposes or in open space as urban art, park furniture etc. to the satisfaction of the responsible authority.  All timber less than 300mm diameter and branch/leaf material should be shredded for reuse as mulch.

b)      Trees nominated for removal shall be suitably marked prior to its removal or works commencing and an inspection arranged with a Parks and Open Space officer to verify that the tree marked accords with this permit.

c)      Prior to any removal of native trees commencing, the subject trees must be inspected by an appropriately qualified zoologist to determine the presence of any native animals living or nesting in the tree.  Should any native animals be detected they must be caught and relocated to a site deemed appropriate by the zoologist.

8.       Prior to commencement of works, a Construction Site Environmental Management Plan (CSEMP), must be submitted to and approved by Council to address the potential impacts of construction works and restoration of the site. The CSEMP must address methods for flora/fauna protection, erosion and sediment control, waste and chemical management, weed control, and archaeological/heritage impacts and site restoration.

Prior to commencement of works, all personnel on site must be inducted into the CSEMP and all flora and fauna conservation requirements.

9.       In order to offset the removal of native vegetation (scattered trees) approved as part of this permit, the applicant must provide a native vegetation offset that is in accordance with the Permitted Clearing of Native Vegetation – Biodiversity assessment guidelines and the Native Vegetation Gain Scoring Manual.

a)      The offset must contribute a gain of the required general biodiversity equivalence units, be located within the boundary of the Whittlesea municipality or the Port Phillip and Westernport Catchment Management Authority area, and have a strategic score of at least 80 per cent of the strategic biodiversity score of the native vegetation approved for removal. 

b)      Evidence that an offset has been secured must be provided to the satisfaction of the responsible authority before any native vegetation is removed.

10.     All buildings (including the Telecommunications Tower) must be constructed of muted tones, to the satisfaction of the Responsible Authority.

11.     The construction of the Telecommunications Facility must be undertaken in accordance with A Code of Practice for Telecommunications Facilities in Victoria, to the satisfaction of the Responsible Authority.

12.     In accordance with the Planning and Environment Act 1987 a permit for the use and or development expires if:

a)      the development is not started within two years after the issue of the permit; or

b)      the development is not completed within four years after the issue of the permit;

c)      the use does not commence within four years after the issue of the permit.

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Pavlidis

 

THAT Council resolve to adopt the Recommendation.

Carried

 In accordance with Section 69 of the Procedural Matters Local Law, the Mayor, Cr Kirkham requested that his opposition to the resolution be recorded.

 

 


Ordinary Council Minutes                                                         Tuesday 19 September 2017

 

6.1.3    870 Donnybrook Road, Donnybrook - Use and Development of Land for Trade Supplies, Display of Advertising Signage, Variation of Loading Bay Requirements, Creation and Alteration of Access to a Road in a Road Zone Category 1, Reduction of Bicycle Parking Requirements and Demolition of a Dry Stone Wall

File No:                                  715902

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Principal Planner   

 

APPLICANT:                                  Barro Group Pty Ltd

COUNCIL POLICY:              Nil

ZONING:                               Urban Growth Zone
          Farming Zone
          Special Use Zone

OVERLAY:                            Transmission Line Referral Area
          Extractive Industry Interest Area

REFERRAL:                          VicRoads
Department of Economic Development, Jobs, Transport and Resources (DEDJTR)
Victorian Planning Authority (VPA)

OBJECTIONS:                      One

RECOMMENDATION:         That Council approve the application

Report

EXECUTIVE Summary

The subject site is located within a Precinct Structure Plan Area (Ref 69.1) which has received Ministerial support to commence work and will be known as the Shenstone Park Precinct Structure Plan (SPSP) area.  The Whittlesea Planning Scheme sets out requirements for applications to be considered against in the absence of an approved Precinct Structure Plan (PSP) aiming to ensure that ‘before a precinct structure plan is applied, the use and development of land does not prejudice the future urban use and development of the land’.

The application seeks to use and develop the site at No. 870 Donnybrook Road, Donnybrook for the purpose of Trade Supplies.  The proposal also involves the display of advertising signage, a reduction in the loading bay and bicycle parking requirements, creation and alteration of access to a road in a Road Zone Category 1 and the demolition of a dry stone wall.

Advertising of the proposal resulted in one objection being received.  The grounds of objection relate to lack of description of the proposed Trade Supplies, potential dust and noise emissions, impact of heavy vehicle traffic on Donnybrook Road, impact on Donnybrook Road streetscape and implications on the (SPSP).

The proposal has been assessed as being in accordance with the provisions of the Whittlesea Planning Scheme, preliminary work in the preparation of the (SPSP), including the site’s designation for non-sensitive employment uses and as such, it is recommended that Council approve the application.

SITE AND SURROUNDING AREA

The subject land is located at No. 870 Donnybrook Road, Donnybrook.  The land is on the southern side of Donnybrook Road, approximately 1.35km east of the municipal boundary with Hume City Council.  The land is located approximately 300m east of the intersection with Langley Park Drive, 325m east of the Donnybrook Springs Hotel and 450m east of the Donnybrook Railway Station.

 

The land comprises two allotments (Lots 1 and 2 PS 132357) with a total area of 89.5ha.  The part of the land subject to this application comprises a site area of 1.4ha adjacent to Donnybrook Road.  The site is currently used for extractive industry, including a concrete batching plant approved under Planning Permit No. 710157.  Vehicular access is currently provided via a crossover at the north-west corner of the property.  Scattered vegetation exists across the land.

BACKGROUND

The site is located within the Urban Growth Zone which gives effect to managing the transition of non-urban land into urban land in accordance with a PSP.  The PSP area has been defined through work undertaken by the Metropolitan Planning Authority (now known as Victorian Planning Authority or VPA) for the Northern Quarries Investigation Area (NQIA), a broad area of northern Whittlesea and Hume municipalities that contains a myriad of competing land uses.  The intention of the work for the NQIA was to provide certainty for land within this area by recommending an overarching planning framework through the designation of particular land use outcomes and associated PSP boundaries.

The SPSP area is to apply to land generally bounded by Donnybrook Road to the north, the Wollert suburb boundary to the south, the Urban Growth Boundary to the east and the Sydney / Melbourne railway corridor to the west.  The most influential constraint is the existing Woody Hill Quarry which forms the existing primary use of the subject land.

At a high level, buffers associated with the quarry have been taken into account and in considering these constraints; this site has been nominated as being suitable for non-sensitive employment uses.  An informal referral to the Victorian Planning Authority indicates that the proposed trade supplies use is consistent with this nomination.

restrictions and easements

The property is encumbered by a number of easements, including carriageway, electricity, drainage and transmission line easements.  The property is also subject to a notice under Section 201UB of the Planning and Environment Act 1987 which relates to requirements for payment of growth areas infrastructure contributions.  There are no restrictions on title that preclude Council from determining the application.

Proposal

The proposal involves the use and development of the land for trade supplies, display of advertising signage, creation and alteration of access to a Road in a Road Zone – Category 1, a waiver of bicycle parking requirements and the removal of a section of drystone wall.

The proposed trade supplies will be located on an area approximately 70m by 200m with a total area of approximately 1.4ha.  The proposal involves the construction of a warehouse (28m x 51m) and showroom (14m x 20m), with a height of 11m.  Car parking for 46 vehicles, including six car/trailer spaces, is proposed.

The proposed use includes the supply and sale of building / construction and landscape supplies.

Proposed hours of operation will be Monday to Sunday 7.00am to 5.00pm.  Staff numbers will be 8-10, including 6-8 full time staff and 2 part time staff. 

The application also involves the display of advertising signage as follows:

§ Three floodlit business identification signs located within the landscape setback adjacent to Donnybrook Road.  Each sign will be 2.4m by 3.0m and will be set back 7.5m from the property frontage;

§ Two floodlit business identification signs adjacent to the proposed vehicle accessway located on the western side of the proposed building.  One sign will be 2.0m x 5.0m and one will be 2.4m x 3.0m; and

§ Three floodlit business identification signs located on the northern elevation of the proposed building fronting Donnybrook Road.  One sign will measure 6.0m by 1.6m and two will be 5.0m by 1.8m.

The application proposes to remove a dry stone wall along the northern property boundary.  The drystone wall comprises a scattering of stones which no longer form an identifiable wall.  Approximately 41m of drystone wall is required to be removed to accommodate vehicle entry and exit to the site, with the remaining dry stone wall will not be affected by the proposal.

Public Notification

Advertising of the application has resulted in one objection being received.  The grounds of objection can be summarised as follows:

1.       Lack of description of the proposed Trade Supplies use;

2.       Potential dust and noise emissions;

3.       Impact of heavy vehicle traffic on Donnybrook Road;

4.       Impact on Donnybrook Road streetscape; and

5.       Implications on the Shenstone Park Precinct Structure Plan.

PLANNING ASSESSMENT

The application is generally consistent with the State and Local Planning Policy Frameworks.  The following sections of the State and Local Planning Policy Frameworks are relevant to this application:

State and Local Planning Policy Framework

Clause 17.01-1 - Business

The objective of this clause is to encourage development which meets the communities’ needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities.  In this regard outlets of trade-related goods or services directly serving or ancillary to industry and which have adequate on-site car parking should be provided.  The proposed trade supplies use meets this objective.

Clause 18.02-5 - Car Parking

The objective of this clause from the policy framework is to ensure an adequate supply of car parking that is appropriately designed and located in support of the particular provisions at Clause 52.06. The proposed Trade Supplies use will have an appropriate number of car parks available in accordance with Clause 52.06 and is therefore consistent with this policy.

Clause 21.10 - Economic Development

The objective of this clause is to provide for employment opportunities and encourage job diversity. The subject site has been identified for non-sensitive employment uses in preliminary documentation associated with the preparation with the Shenstone Park PSP.  The trade supplies use will accommodate up to ten staff, including both full time and part time.  As such is considered to support the objectives of this clause and will create the opportunity for a new business to be located within the precinct.

Zoning and Overlay Provisions

Urban Growth Zone

Pursuant to the requirements of the Urban Growth Zone, the use and development of the land for the purpose of Trade Supplies requires a planning permit.

Clause 37.07 sets out requirements for applications to be considered against in the absence of a Precinct Structure Plan.  The main purpose of Clause 37.07 is to ensure that ‘before a precinct structure plan is applied, the use and development of land does not prejudice the future urban use and development of the land’.

It is considered that the proposal is consistent with the current initial ultimate use for this area of the PSP, being for employment/non-sensitive uses.  The proposed development allows for future road improvements and will not prejudice the future use and development of land following finalisation of the PSP.

The subject site is also located within a Farming Zone and Special Use Zone 4.  The proposed use and development will be contained wholly within the area of the site within the Urban Growth Zone.

Transmission Line Referral Area

Part of the subject site is affected by the Transmission Line Referral Area.  Any application to construct a building or construct or carry out works on land within 60m of a major electricity transmission line (220 Kilovolts or more) or an electricity transmission easement must be referred to the relevant electricity transmission authority.  The proposed use and development will be contained outside of the area affected by this Referral Area, therefore no referral was required.

Extractive Industry Interest Area

The subject site is affected by the Extractive Industry Interest Area.   Pursuant to Clauses 52.09-8 and 66.05 of the Whittlesea Planning Scheme, notice must be given to the Secretary of the Department administering the Mineral Resources (Sustainable Development) Act 1990 for any application to construct a building or construct or carry out works on land for which a work plan has been applied for or granted under the Mineral Resources (Sustainable Development) Act 1990.  Notice of the application was given to Department of Economic Development, Jobs, Transport and Resources who have no objection to the proposed use and development.

Particular Provisions

Clause 52.05 – Advertising Signs

Advertising signs fall within category 3 ‘High Amenity Areas’ within the Urban Growth Zone.  This category is likely to change into the future based on the designation for employment/non-sensitive type uses within the preliminary PSP documentation.

The purpose of the current category is to ensure that signs in high-amenity areas are orderly, of good design and do not detract from the appearance of the building on which a sign is displayed or the surrounding area.

The proposed advertising consists of the following:

Sign type

Description

Size

Business Identification Signs

2 x floodlit signs (1.8m x 5m) to northern elevation

1 x floodlit sign (1.6m x 6m) to northern elevation.

3 x floodlit signs (2.4m x 3m) within future service road area

2 x floodlit signs (2.4m x 3m) within north-south accessway within landscape area

63.6m2 total area

The proposed signage is considered appropriate given the size of the proposed premises, main road location and need to provide identification for vehicles travelling along Donnybrook Road.  The 3 signs located within the front setback established by VicRoads and the VPA, which will form a future service road, will ultimately be required to be removed when the road is constructed.  Any future signage not attached to the building will be subject to further approval.

Clause 52.06 – Car Parking

Pursuant to Clause 52.06 of the Whittlesea Planning Scheme, the following car parking rates are required for the proposed development:

Proposed Use

Clause 52.06

Car Parking Rate

Site Area

No. of Spaces required

No. of Spaces provided

Total Planning Scheme Shortfall

Trade Supplies

10% of site area

1.404 ha

1404m2 required

2766m2 (46 spaces)

Complies

The property at No. 870 Donnybrook Road, Donnybrook comprises two allotments with a total area of approximately 89ha.  As detailed above, a large part of this property is encumbered by quarrying activities.  The site area proposed for the use and development of Trade Supplies is 1.4ha.  Based on a site area of 1.4ha, the provision of car parking exceeds the requirements of Clause 52.06.

Clause 52.07 – Loading and Unloading of Vehicles

This clause sets out the requirements for the loading and unloading of commercial vehicles and aims to prevent loss of amenity and adverse effect on traffic flow and safety. 

A building with a floor area of 2600m2 or less in single occupation must have a loading bay with dimensions as follows:

Area                       27.4m2

Length                    7.6m

Width                      3.6m

Height clearance   4.0 m

While the development does not provide a dedicated loading area, the nature and layout of the proposed use will result in loading activity across multiple areas and at times shared with vehicle circulation spaces.  Loading associated with hardware and other manufactured building / construction materials will primarily be undertaken from within the warehouse building and loading activity associated with raw building material and landscaping supplies undertaken within the rear of the site in proximity to the associated storage bins.  Accordingly, while the proposal does not comply with these requirements, provision for loading and unloading within the site meets the intent of this provision and can be supported.

A permit may be granted to reduce or waive these requirements if either the land is insufficient or adequate provision is made for loading and unloading vehicles to the satisfaction of the responsible authority.   

Clause 52.09 – Stone Extraction and Extractive Industry Interest Areas

Pursuant to Clause 52.09 of the Whittlesea Planning Scheme, these provisions are applicable to the use and development of land within an extractive industry interest area.  Part of the subject site is utilised for quarrying purposes and consequently, the subject land is located within an Extractive Industry Interest Area.  There is not a specific permit trigger under this Clause, however Clause 66.05 requires any application to construct a building or construct or carry out works on land for which a work plan has been applied for or granted under the Mineral Resources (Sustainable Development) Act 1990 to be referred to the Secretary of the Department administering the Mineral Resources (Sustainable Development) Act 1990.  The application was referred to the Department of Economic Development, Jobs, Transport and Resources, who has no objection to the proposed use and development.

Clause 52.29 – Land adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 Road

Pursuant to Clause 52.29 of the Whittlesea Planning Scheme, a permit is required to create or alter access to a road in a Road Zone, Category 1.  The application proposes the creation and alteration of access to Donnybrook Road, which is a Road Zone, Category 1, therefore a permit is required under this provision. 

Any application to create or alter access to, or to subdivide land adjacent to, a road declared as a freeway or arterial road under the Road Management Act 2004, land owned by the Roads Corporation for the purpose of a road, or land in a Public Acquisition Overlay if the Roads Corporation is the acquiring authority for the land, must be referred to the Roads Corporation under Section 55 of the Act.

The application was referred to VicRoads who have no objection to the proposal, subject to appropriate conditions being included on any permit that is issued.

Clause 52.34 – Bicycle Facilities

The purpose of this clause is to encourage cycling as a mode of transport and to provide secure, accessible and convenient bicycle parking spaces and associated shower and change facilities.

Pursuant to Clause 52.34 of the Whittlesea Planning Scheme, the proposal requires the following bicycle facilities:

Proposed Use

No. required for Employee

No. required for visitor/shoppers

No. provided

Retail premises other than specified in this table (Trade Supplies)

(1708m2 leasable floor area)

1 to each 300m2 of leasable floor area

5

1 to each 500m2 of leasable floor area

3

Nil

With regard to the bulky and heavy nature of goods sold from the proposed Trade Supplies premises, that are unlikely to be easily transported by bicycle, the non-provision of bicycle parking spaces for visitors to the site is considered reasonable in this instance.  It is however, considered reasonable to require provision for employee bicycle spaces within the site.  A condition should be included on any permit that is issued requiring revised plans to be submitted in this regard.

Clause 52.37 – Post Boxes and Dry Stone Walls

Pursuant to Clause 52.37 of the Whittlesea Planning Scheme, a permit is required to demolish, remove or alter a dry stone wall constructed before 1940 on land specified in the schedule to this provision.  The application proposes to remove a dry stone wall along the northern property boundary.  The drystone wall comprises a scattering of stones which no longer form an identifiable wall.  Approximately 41m of drystone wall is required to be removed to accommodate vehicle entry and exit to the site, with the remaining dry stone wall not affected by the proposal.

Given the current state of the wall, this removal is considered appropriate and a requirement for a dry stone wall management plan will be included as a condition on any permit issued.

Comments on Grounds of Objection

Lack of description of the proposed Trade Supplies use

The objector is concerned that the application has not provided sufficient information to demonstrate that the proposed use will meet the definition of Trade Supplies as defined in Clause 74 of the Whittlesea Planning Scheme.  Trade Supplies is defined as:

Land used to sell by both retail and wholesale, or to hire, materials, tools, equipment, machinery or other goods for use in:

(a)     Automotive repairs and servicing;

(b)     Building;

(c)     Commerce;

(d)     Industry;

(e)     Landscape gardening;

(f)      The medical profession; primary production; or local government, government departments or public institutions.

The proposed use of the site will include the storage and sale of building and concrete supplies and landscape garden supplies, which meets the abovementioned definition.  The application was referred informally to the VPA who advised that it has no objection to the proposed use and development, provided adequate land is set aside for the future widening of Donnybrook Road.  The VPA have also indicated that the proposed use is consistent with the site’s nomination as being suitable for non-sensitive employment uses as part of preliminary assessment works for the SPSP.

Potential dust and noise emissions

The objector has concerns about the impacts of dust and noise generated from the proposed Trade Supplies use, in particular on properties in the locality likely to be rezoned for residential purposes as part of the Shenstone Park PSP and Donnybrook-Woodstock PSP areas.  The objector is also concerned that minimal information has been provided in the application regarding dust and noise suppression measures.  Preliminary assessment works as part of the Shenstone Park Precinct Structure Plan preparation nominates the subject site for potential non-sensitive employment uses.  The proposed use and development of the site is not expected to have any unreasonable off site amenity impacts, including those of dust or noise.  Conditions should be included on any permit that issues addressing the possibility of offsite impacts of noise and dust.

Impact of heavy vehicle traffic on Donnybrook Road

The objector has concerns about the likely increase of heavy traffic accessing Donnybrook Road, which will create conflict between these vehicles and future population.  The objector has indicated that whilst Donnybrook Road may be able to contain volumes of traffic within the physical capacity of a two-lane, two-way arterial road as outlined within the application documentation, the increase of heavy traffic activity, in conjunction with existing and future residential development in the surrounding locality will result in a negative impact on future residents.

The application was referred to VicRoads who have imposed a condition to be included on any permit requiring the provision of 17m setback from Donnybrook Road to incorporate land for a 12m wide service road and 5m wide landscape setback. A condition requiring the overlay of the ultimate concept road alignments for Donnybrook Road to demonstrate that adequate land has been set aside to accommodate future road widening is also required.  Donnybrook Road can presently and will be able to ultimately accommodate any increase in heavy vehicles.

Impact on Donnybrook Road streetscape

The objector has concerns that the proposed “large scale industrial operation, with heavy vehicles accessing and egressing the site” will impact on the interface with Donnybrook Road.  The application incorporates a 5m landscaping setback adjacent to the front boundary with Donnybrook Road, as well as an additional 12m for a future service road.  The proposed landscaping will provide sufficient area for a reasonable landscape response to contribute positively to the Donnybrook Road streetscape and mitigate visual impacts of the proposed Trade Supplies use.  A concept Landscape Plan has been submitted with the application and it is considered reasonable to refine the detail provided in a detailed Landscape Plan, submitted as a condition on any permit that is issued.  Additionally, as this is designated as a future employment area, commercial and industrial buildings will ultimately be prevalent.

Implications on the Shenstone Park Precinct Structure Plan

The objector has concerns that the proposal has not considered background and preliminary work undertaken on the Shenstone Park Precinct Structure Plan and approval of a permit in the absence of this assessment will likely impose limitations on surrounding land uses, traffic and road congestion, impacts on landscaping and visual amenity.  As indicated above, the application was referred to the VPA for review.  Their response states:

The subject site is identified as ‘industrial’ within the North Growth Corridor Plan and hatched as being within the Northern Quarries Investigation Area.  The Northern Quarries Investigation Area Addendum document identifies the site for ‘employment’ uses and the site has subsequently been included within the boundary of the future Shenstone Park Precinct Structure Plan (PSP) as ‘employment’ land.  It is considered that the use of the land for Trade Supplies is consistent with the strategic land designation of the land.

It is considered that the proposed use is consistent with strategic planning for the area and will not impact on the Shenstone Park PSP.  Accordingly, the ground of objection cannot be substantiated.

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 planning zone provisions and other relevant planning provisions, including the State and Local Planning Policy Frameworks of the Whittlesea Planning Scheme, and is considered to be consistent with the relevant policies and strategies of the Planning Scheme.  It is considered that the proposed use and development of land for Trade Supplies, display of advertising signage, variation of loading bay requirements, creation and alteration of access to a road in a Road Zone - Category 1, reduction of bicycle parking requirements and demolition of a dry stone wall is consistent with development in the surrounding area.  Therefore, it is recommended that a Notice of Decision to grant a Planning Permit be issued, subject to appropriate conditions.

 

Declaration of Interest

Cr  Monteleone declared an indirect interest in item by close association in Item 6.1.3 870 Donnybrook Road, Donnybrook - Use and Development of Land for Trade Supplies, Display of Advertising Signage, Variation of Loading Bay Requirements, Creation and Alteration of Access to a Road in a Road Zone Category 1, Reduction of Bicycle Parking Requirements and Demolition of a Dry Stone Wall on the grounds that relatives own land nearby and that his workplace is nearby.

Prior to the matter being considered or any vote being taken in relation to the matter, Cr Monteleone advised the meeting of his conflict and left the Council Chamber at 6.53PM.

Cr Monteleone returned to the Council Chamber at 6.54PM.

 

Recommendation

THAT Council resolve to approve Planning Application No. 715902 and issue a Notice of Decision to Grant a Permit for use and development of land for Trade Supplies, display of advertising signage, variation of loading bay requirements, creation and alteration of access to a road in a Road Zone - Category 1, reduction of bicycle parking requirements and demolition of a dry stone wall in accordance with the endorsed plans and subject to the following conditions:

1.       Before the development and use hereby permitted starts, three copies of amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of this permit. The plans must be generally in accordance with the plans dated May 2017 and prepared by Gillon Consulting Group Pty Ltd but modified to show:

a.      Provision for a minimum of three bicycle spaces on the site for employees in accordance with Clause 52.34 of the Whittlesea Planning Scheme.

b.     Landscaping as required by Condition No. 2 of this permit.

c.      Schedule of external materials, finishes and colours (including printed samples);  

d.     All requirements of VicRoads Condition No. 40 to the satisfaction of VicRoads.

2.       Concurrent with the endorsement of plans under Condition No. 1 and before the development and use hereby permitted commences, three copies of a landscape plan prepared by a suitably qualified (or experienced) landscape designer to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of this permit.  The plan must show:

a.     A survey of all existing vegetation and natural features;

b.    The area or areas set aside for landscaping;

c.     A schedule of all proposed trees, shrubs/small trees and ground cover.

d.    The location of each species to be planted and the location of all areas to be covered by grass, lawn or other surface material;

e.     Paving, retaining walls, fence design details and other landscape works including areas of cut and fill;

f.     Appropriate irrigation systems;

g.    The provision of canopy trees throughout the development as appropriate, including in the front setback area of the proposed buildings.

3.       Before the use and development hereby permitted starts, a Stone Wall Management Plan prepared by a suitably qualified and experienced person must be submitted to and approved by the Responsible Authority. The Stone Wall Management Plan must:

a.     Show and describe the extent and quality of stone wall existing on site;

b.    Show stone walls to be removed;

c.     Show stone walls to be retained in situ;

d.    Show stone walls to be retained and repaired (with, where relevant, the use of surplus stone for walls removed);

e.     Include a specification describing the process for protection, dismantling and/or reconstruction of stone walls.

Once endorsed, the Stone Wall Management Plan will form part of the planning permit.

4.       Prior to the commencement of buildings and works hereby permitted, or at such a later date as the Responsible Authority may approve in writing, there shall be lodged with the Responsible Authority an amount of $14,000 as a security deposit of the satisfactory completion and maintenance of the landscaping works hereby approved.

Upon completion of the landscaping works generally in accordance with the endorsed landscape plan to the satisfaction of the Responsible Authority, the Responsible Authority will refund 50% of the security deposit to the payee.

Upon maintenance of the landscaping works for a period of two years after completion of such works to the satisfaction of the Responsible Authority, the Responsible Authority will refund to the payee the balance of the security deposit.

In the event that the permit expires, the Responsible Authority will refund the security deposit to the payee 12 months after the permit expiry date.

5.       Before the use and development hereby permitted starts, including demolition and excavation, a Construction Management Plan must be submitted to and endorsed by the Responsible Authority.  No works are permitted to occur until the Plan has been endorsed by the Responsible Authority.  Once endorsed, the construction management plan will form part of the permit and must be implemented to the satisfaction of the Responsible Authority. The plan must be prepared in accordance with Council’s Construction Management Plan template and provide details of the following:

a.     Hours for construction activity in accordance with any other condition of this Permit;

b.    Measures to control noise, dust, water and sediment laden runoff;

c.     Measures relating to removal of hazardous or dangerous material from the site, where applicable;

d.    A plan showing the location of parking areas for construction and sub- contractors’ vehicles on and surrounding the site, to ensure that vehicles associated with construction activity cause minimum disruption to surrounding premises. Any basement car park on the land must be made available for use by sub-constructors / tradespersons upon completion of such areas, without delay;

e.     A Traffic Management Plan showing truck routes to and from the site;

f.     Swept path analysis demonstrating the ability for trucks to enter and exit the site in a safe manner for the largest anticipated truck associated with the construction;

g.    A plan showing the location and design of a vehicle wash-down bay for construction vehicles on the site;

h.    Measures to ensure that sub-contractors / tradespersons operating on the site are aware of the contents of the Construction Management Plan;

i.      Contact details of key construction site staff;

j.      A site plan showing the location of any site sheds, on-site amenities, building waste storage and the like, noting that Council does  not support site sheds on Council road reserves; and

k.     Any other relevant matters, including the requirements of VicRoads.

6.       Before the submission and approval of construction plans (engineering plans), a functional layout plan prepared in accordance with the Victorian Planning Authority Engineering Design and Construction Manual for Subdivision in Growth Areas, to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the functional layout plan will be endorsed and will then form part of the permit. Three copies of the functional layout plan must be drawn at a scale of 1:500 to acceptable drafting standards and an electronic copy (PDF) must be provided. The functional layout plan must show:

a.     Topography and existing features, including contours for the subject land and any affected adjacent land,

b.    Identification by survey of all trees (or group of trees) existing on the site, including dead trees and those that overhang the site from adjoining land,

c.     Details of tree protection zones (TPZs), for all trees to be retained on site,

d.    A table of offsets for all utility services and street trees,

e.     The proposed minor drainage network and any land required for maintenance access,

f.     The major drainage system, including any watercourse, lake, wetland, silt pond and/or piped elements showing preliminary sizing,

g.    Overland flow paths (100 year ARI) to indicate how excess runoff will safely be conveyed to its destination,

h.    Drainage outfall system (both interim and ultimate), indicating legal point of discharge and any access requirements for construction and maintenance,

i.      Details of the service road ingress and egress onto Donnybrook Road in the interim and ultimate scenario;

j.      Type of intersection with the internal road and Donnybrook Road.

7.       Before any roads or drainage works commence, after the approval of the relevant functional layout plan, submission of landscape plans, and the locations of other authorities’ services have been provided to the satisfaction of the responsible authority, detailed construction plans for the works must be submitted to and approved by the responsible authority. When approved, the construction plans will be endorsed and will then form part of the permit.  The construction plans must be drawn to scale with dimensions and three copies must be provided.

The construction plans must include:

a.     All necessary computations and supporting documentation, including a Form 13 for any structure, traffic data, road safety audit and geotechnical investigation report;

b.    All details of works consistent with the approved functional layout plan, and submitted landscape plan;

c.     Design for full construction of streets and underground drainage, including measures to control / capture pollutants and silt, where applicable;

d.    Design for full construction of pavements with kerb and channel and vehicular crossings where appropriate;

e.     Provision for all street tree planting, where applicable;

f.     Provision for all services and conduits (underground), including alignments and offsets, on a separate services layout plan;

a.   Provision of public lighting and underground electricity supply within all streets, where applicable;

b.   Traffic control measures;

c.   Provision of concrete footpaths in all streets and reserves, where applicable;

d.   The location and provision of vehicle exclusion mechanisms abutting reserves, where applicable;

e.   Appropriate mechanisms for protecting environmental and heritage assets during the construction phase;

f.    Provision for the utilisation of any surplus top soil;

g.   Permanent survey marks;

h.   Appropriate line-marking and signage;

i.    Survey details of the canopy trunk location and size of trees to be retained and associated tree protection zones;

j.    Details in relation to all filling on the site which must be compacted to specifications approved by the responsible authority;

k.   The location of any earthworks (cut or fill) or service provision in a location outside the designated tree protection zone which does not adversely impact on the health and integrity of any trees to be retained;

l.    Road works, drainage and other civil works must be provided, in accordance with construction plans and specifications as approved by the responsible authority, prior to the occupation of any building hereby permitted.

8.       Before the development hereby permitted starts, engineering plans showing a properly prepared design (with computations) for the internal drainage and method of disposal of stormwater from all roofed and sealed areas, including the use of an on-site detention system (if required), must be submitted to Council for approval. These internal drainage works must be completed to Council’s satisfaction prior to using or occupying any building on the site.

9.       Unless otherwise agreed in writing by the Responsible Authority, before the development commences, Lots 1 and 2 on LP 132357 must be consolidated under the Subdivision Act 1988.

10.     Before the use and development hereby permitted starts, reticulated (water, sewerage, gas and electricity) services must be constructed and available to the satisfaction of the Responsible Authority.

11.     The development, including layout of the site and the size, levels, design and location of buildings and works, and/or use as shown on the endorsed plans must not be altered unless with the prior written consent of the Responsible Authority.

12.     Unless with the prior written consent of the Responsible Authority, before the use hereby permitted commences and/or within 6 months and/or 12 months of the completion of the development, the landscaping works shown on the endorsed plans must be carried out, completed and maintained to the satisfaction of the Responsible Authority.

13.     Before the use and/or development hereby permitted starts, the permit holder is required to construct at no cost to Council, drainage works between the subject site and the Council nominated point of discharge. Such drainage works must be designed by a qualified engineer and submitted to and approved by Council. Computations will also be required to demonstrate that the drainage system will not be overloaded by the new development. Construction of the drainage system must be carried out in accordance with Council specifications and under Council supervision.

14.     Once the use and development hereby permitted has started it must be continued and completed to the satisfaction of the Responsible Authority.

15.     Vehicular access to the site must be in the form of a vehicle crossing constructed in accordance with Council’s Vehicle Crossing Specifications to suit the proposed driveway(s) and the vehicles that will be using the crossing(s). The location, design, and construction of the vehicle crossing(s) must be approved by the Responsible Authority. Any existing unused or redundant crossing(s) must be removed and replaced with concrete kerb, channel and naturestrip to the satisfaction of the Responsible Authority.  All vehicle crossing works are to be carried out with Council supervision under a Road Opening Permit.

16.     Any litter generated by building activities on the site shall be collected and stored in an appropriate enclosure, which complies with Council’s Code of Practice for building/development sites. The enclosures shall be regularly emptied and maintained such that no litter overspills onto adjoining land. Prior to occupation and/or use of the building, all litter shall be completely removed from the site.

17.     During the construction phase, a truck wheel washing facility or similar device must be installed and used to the satisfaction of the Responsible Authority so that vehicles leaving the site do not deposit mud or other materials on roadways. Any mud or other materials deposited on roadways as a result of construction works on the site must be cleaned to the satisfaction of the Responsible Authority within two hours of it being deposited.

18.     The permit holder shall be responsible to meet all costs associated with reinstatement and/or alterations to Council or other Public Authority assets deemed necessary by such Authorities as a result of the development.  The permit holder shall be responsible for obtaining prior specific written approval for any works involving the alteration of Council or other Public Authority assets.

19.     Before the use commences and/or occupation of the development hereby permitted, the area(s) set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be:

a.      Constructed;

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

c.      Surfaced with an all-weather sealcoat or treated to the satisfaction of the Responsible Authority to prevent dust and gravel being emitted from the site;

d.     Drained and maintained;

e.      Line marked to indicate each car space and all access lanes;

f.      Clearly marked to show the direction of traffic along access lanes and driveways.

to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways must be kept available for these purposes at all times, to the satisfaction of the Responsible Authority.

20.     The development and use hereby permitted must be managed so that the amenity of the area is not detrimentally affected, through the:

a.      Transport of materials, good or commodities to or from the land;

b.     Appearance of any building, works or materials;

c.      Emissions of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil;

d.     Presence of vermin.

21.     The site shall at all times be kept in a neat and tidy condition to the satisfaction of the Responsible Authority. Any litter shall be immediately removed from the site and surrounding area at the direction of the Responsible Authority and any mud or dirt transferred to any public road by vehicles from the subject site must be immediately cleaned to the satisfaction of the Responsible Authority.

22.     Rubbish and waste must not be stored or left exposed outside the building so as to be visible from any public road or thoroughfare, to the satisfaction of the Responsible Authority.

23.     All roads / storage areas / external stockpiles must be maintained to avoid dust nuisance to any neighbouring residential land, to the satisfaction of the Responsible Authority.

24.     In areas set aside for car parking, measures must be taken to the satisfaction of the Responsible Authority to prevent damage to fences or landscaped areas.

25.     A sign to the satisfaction of the Responsible Authority must be provided directing drivers to the area set aside for car parking and must be maintained to the satisfaction of the Responsible Authority. The sign must not exceed 0.3 square metres in area.

26.     All external lighting must be designed, baffled and located so as to prevent adverse effect on adjoining land, to the satisfaction of the Responsible Authority.

27.     The loading and unloading of goods from vehicles must only be carried out on the land and must not disrupt the circulation and parking of vehicles on the land, to the satisfaction of the Responsible Authority.

28.     Unless with the prior written consent from the Responsible Authority, the use hereby permitted may only operate between the following hours:

          Monday to Sunday 7.00am to 5.00pm

29.     Collection of waste (including recyclables) must be conducted within the site and must not cause any unreasonable impact on the surrounding area.

30.     All car parking spaces must be designed to allow all vehicles to ingress and egress the site in forward gear, to the satisfaction of the Responsible Authority.

31.     A minimum of forty-six (46) car spaces must be provided on the land for the use and development hereby permitted, to the satisfaction of the Responsible Authority.

32.     A minimum of one (1) car space must be provided for the exclusive use of disabled persons and be designed in accordance with AS 2890.6 – 2009. The car space(s) must be provided as close as practicable to (a) suitable entrance(s) of the building and must be clearly marked with a sign to indicate that the space(s) must only be utilised by disabled persons.

33.     The permit holder should be aware that the operation of the use is at all times required, pursuant to the Environmental Protection Act 1970, to meet the requirements of the State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1.

Advertising Signage Conditions

34.     The location and details of the sign(s), including supporting structures, as shown on the endorsed plans, must not be altered unless with the prior written consent of the Responsible Authority.

35.     The sign(s) must not contain any flashing or moving light, to the satisfaction of the Responsible Authority.

36.     The sign lighting must be designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on adjoining land.

37.     The sign(s) must be constructed and maintained to the satisfaction of the Responsible Authority.

38.     No bunting, streamers, windvanes or the like shall be displayed unless with the prior written consent of the Responsible Authority.

39.     This permit as it relates to signage expires 15 years from the date of issue.

VicRoads Condition

40.     Before the works associated with the development commences, interim and ultimate functional layout design for the intersection of Donnybrook Road and the access road to the subject site must be submitted to and approved by the Roads Corporation. When approved by the Roads Corporation, the plans may be endorsed by the Responsible Authority and will then form part of the permit. The plans must be drawn to scale with dimensions and two copies must be provided. The plans must be generally in accordance with the Concept Layout Plan by Cardno Reference CG150717SK06 Version 1 and dated 28/04/2017. The plan must show:

a.      The provision of 17m setback of the development from Donnybrook Road Donnybrook to incorporating land for 12m wide service road and 5m wide landscape setback.

b.     Overlay of the ultimate concept road alignments for Donnybrook Road in accordance with the Donnybrook Woodstock PSP, to demonstrate that adequate land has been set aside to accommodate the future road widening of Donnybrook Road.

 

Permit Expiry Condition

41.     In accordance with the Planning and Environment Act 1987 a permit for the development expires if:

a.      the approved development does not start within 2 years of the date of this permit; or

b.     the approved development is not completed within 4 years of the date of this permit and/or

c.      the approved use is not commenced within two years of the completion of the development.

Permit Notes

Advanced Trees Note:

An advanced tree under this permit shall generally constitute the following:

Evergreen   minimum  container size 45  litre spring ring, 50mm calliper at ground level.

Deciduous minimum calliper at ground level 65mm, minimum height 2 metres.

Building Over Easements Note

Any building or works to occur within an easement must be carried out to the satisfaction of the Responsible Authority.  In addition, the following will apply:

a.   Access to any drainage pit in the easement is to be maintained.

b.   The Responsible Authority reserves the right to excavate, lay, repair or replace pipes within the easement.

c.   The Responsible Authority is not liable for any damage from such works and that reinstatement shall be the owners responsibility and at the owners expense.

d.   Prior to a building approval being issued, any drain(s) existing in the easement are required to be shown on the plans, with a detailed sketch indicating any pier and beam footings required to span these public assets.

e.   Building approval must be obtained prior to the commencement of the works.

f.    Construction (engineering) Plans with details of additional pit(s), must be submitted to and approved by the Responsible Authority.

Council Resolution

Moved:                       Cr Lalios

Seconded:               Cr Kelly

 

THAT Council resolve to adopt the Recommendation.

Carried

 


Ordinary Council Minutes                                                         Tuesday 19 September 2017

 

6.1.4    2016/17 Year End New Works Program Report

File No:                                  192600

Attachments:                        1        Attachment 1 - Financial Summary

2        Attachment 2 - Project Progress Report

3        Attachment 3 - Carry Forward Funding

4        Attachment 4 - Photos

5        Attachment 5 - Planning and Feasibility Status Report   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Team Leader Business Support   

 

Report

EXECUTIVE Summary

The purpose of this report is to inform Council of the financial performance of the New Works Program at the end of the 2016/17 financial year and the proposed carry forward funding to 2017/18 for the New Works Program.

The approved 2016/17 New Works Program budget is $61,561,332.  The value of work completed is $57,791,501 as at 30 June 2017 including unbudgeted land acquisitions.  The  unadjusted delivery rate is 85.9% (excluding land acquisition) and the adjusted delivery rate is 90.0% after taking into consideration abnormal items such as net surplus, unbudgeted income (eg grants) and unavoidable circumstances.  Projects such as the Mill Park Leisure Centre Redevelopment involved an extended design review period; and the Roads to Recovery funded project at Yan Yean Road and Jorgensen Road Intersection in Doreen is now being delivered by VicRoads, are examples of unavoidable circumstances which contribute to the adjusted delivery rate. 

The proposed carry forward of funds into 2017/18 is $11,844,944.  The total recommended carry forward amount is greater than the unspent budget, primarily due to the fact that additional grant funds of approx. $4.5million which were received through the financial year for projects that span more than one year.  Refer Attachment 3 for a full list of every project recommended for carry forward. 

The net surplus from the 2016/17 New Works Program is $520,197 and is a direct result of projects being completed under budget.  This amount recommended for transfer to a New Works Infrastructure Reserve account.  The reserve would be established to fund major infrastructure investement, as determined through the ordinary Council budget consideration and approval process.

The fourth quarter was a period when many projects have progressed to completion or substantially near completion.  In particular, the following projects have achieved significant milestones throughout the year:

·    Completion of the Epping Animal Welfare Facility;

·    Half Basketball Court in University Hill;

·    Completion of the footpath connecting to Gorge Road, South Morang;

·    Completion of intersection and activation of traffic lights at Bridge Inn Road and Painted Hills Road, Doreen;

·    Completion of the roundabouts at the intersection of Redleap and Buckmaster Drive, Mill Park;

To build on previous improvements in the New Works delivery rate for the 2017/18 program, quarterly reports will continue to be presented to Council with a more detailed mid-year financial review in mid 2017/18.  The mid-year review will provide an opportunity to reallocate funds from projects that are delayed from unavoidable external reasons, or freed-up by grants, to future year projects that have been through the planning and feasibility process and are ready to commence.

BACKGROUND

The approved 2016/17 New Works Program budget is $61,561,332, including 2015/16 carry forward and grants received.

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 $57,791,501 and includes unbudgeted land acquisitions ($4,893,180) that were funded from the Land Banking Reserve.  A summary of progress on the Program performance by Group can be found below whilst a description of key projects with recommended carry forward funding has been included in Attachment 3.

Financial Status of the New Works Program by Group:

Group

Year-end  Actuals

Year-end Budgets

Year-end Variance

Annual Budget

Buildings

25,739,660

24,209,009

(1,530,651)

24,209,009

The Buildings category has an overspend compared to the year-end budget of $1,530,651 due to the additional work required to make the Epping Animal Welfare Facility a regional facility.  This amount was offset by funding from Moreland City Council and the City of Darebin.

Group

Year-end  Actuals

Year-end Budgets

Year-end Variance

Annual Budget

Drains

753,028

1,403,500

650,472

1,403,500

Feasibility & Planning

292,393

300,000

7,607

300,000

The Drains category has been underspent compared to the year-end budget by an amount of $650,472.

The key project contributing to the variance is:

·    Queenscliff Road and Michigan Tce Intersection Drainage – Excessive rock excavation has delayed the project which will require a carry forward into 2017/18.

Feasibility and Planning – currently showing a minor underspend compared to the year-end budget of $7,607 for the planning of future projects. 

Group

Year-end  Actuals

Year-end Budgets

Year-end Variance

Annual Budget

Open Space

12,865,477

11,464,034

(1,401,443)

11,464,034

The Open Space category has an overspend compared to the year-end budget of $1,401,443 due to the unbudgeted land acquisitions being applied to this category.  The Land Acquisitions were funded from the Land Banking Reserve which would have otherwise have resulted in an underspend of $3,491,737.

The key projects contributing to the variance is:

·    The TH Hurrey Reserve Upgrade of Tennis Facilities is funded across multiple years and was delayed whilst consulting with Vic Roads on design of the intersection on Plenty Road.  The unspent funding will be carried forward and utilised towards the commencement of works in 2017/18.

·    Construction of two tennis courts at Mill Park Lakes Community Pavilion – this project is not proceeding due to an unsuccessful grant application to Sport Recreation Victoria.

·    Sycamore BMX Track Development – This project was put on hold until a broader project scope was resolved.

Group

Year-end  Actuals

Year-end Budgets

Year-end Variance

Annual Budget

Plant & Equipment

4,021,921

4,242,702

220,781

4,242,702

Transport

3,811,171

5,907,614

2,096,443

5,907,614

The Plant and Equipment category has an underspend of $220,781 compared to the year-end budget.

The key project contributing to the variance is:

·    IT-HRIS System – funded and delivered across multiple years.

The Transport category has a budget underspend of $2,096,443 compared to the year-end budget.

The key project contributing to the variance is:

·    Construction and Signalisation of the Painted Hills and Bridge Inn Road Intersection, Doreen – this is a project funded over multiple years and has been completed under budget. 

Group

Year-end  Actuals

Year-end Budgets

Year-end Variance

Annual Budget

Roads & Paths

10,307,852

14,034,473

3,734,348

14,034,473

The Roads and Paths category has an underspend of $3,734,348 compared to the year-end budget.

The key projects contributing to the variance is:

·    Black Spot funded project at Yan Yean/Jorgensen Road Intersection, Doreen  – this project is now being delivered by Vic Roads and not the City of Whittlesea;

·    Deck overlay on Findon Road across Darebin Creek and Findon Creek – these two projects have been delayed to coincide with the September school holidays and also to enable benefits from economy of scale by delivering both projects under the one contract;

·    Traffic signals at Yan Yean/Cookes Road Intersection – project was delayed whilst land acquisition and service relocations were undertaken by service authorities;

·    Fire Main Installation at 480 Cooper St, Epping – delays due to approvals required from Yarra Valley Water and Melbourne Water and a soil contamination assessment required due to site being predominantly landfill.

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 sufficiently 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 5 provides an update on the status of the Planning and Feasibility Program for 2016/17 .

Forecast

A number of key projects will be continuing into the 2017/18 financial year with significant expenditure within the first six months of the new financial year.  In particular, the practical completion of the Queenscliff Road and Michigan Terrace Drainage project and the Glenburnie Road Black Length project will be completed within the first half of the financial year. 

The proposed carry forward of funding to 2017/18 is $11,844,944.  Key items in the carry forward include multi-year projects which have funding allocations across multiple financial years.  A full listing is contained in Attachment 3 to this report.

Policy strategy and legislation

The business case associated with individual projects identifies the respective policy to which they relate and is in accordance to the Project Management Framework.

Links to the CoUNCIL Plan

COUNCIL PRIORITY           Organisational Sustainability

Future Direction                   Good governance

Theme                                   Continuous improvement

Strategic Objective              Our Council monitors and evaluates all of its operations

CONCLUSION

This report provides a summary of the year-end status of the 2016/17 New Works Program. The New Works Program is undergoing continual improvement of processes and systems to enable regular reports on the status of the New Works Program.

The unadjusted completion rate of 85.9% for the 2015/16 New Works Program is an improvement from the 2015/16 New Works Program of 78%.  The adjusted delivery rate for 2016/17 is 90% after taking into consideration abnormal items such as net surplus, unbudgeted income (grants) and unavoidable circumstances.  Overall, the New Works Program is meeting the challenges of providing much needed infrastructure for a range of community services across the municipality.


 

RECOMMENDATION

THAT Council resolve to:

1.   Accept the 2016/17 Year End New Works Program Report;

2.   Transfer $520,197 of the 2016/17 New Works surplus to a New Infrastructure Reserve account; and

3.   Note the proposed funding of carry forward projects into 2017/18 totalling $11,844,944.

COUNCIL RESOLUTION

Moved:                       Cr Lalios

Seconded:               Cr Kelly

 

THAT Council resolve to:

1.   Accept the 2016/17 Year End New Works Program Report; and

2.   Note the proposed funding of carry forward projects into 2017/18 totalling $11,844,944.

Carried

  

 


Ordinary Council Minutes                                                         Tuesday 19 September 2017

 

6.2       Community Services

6.2.1    Disability Action Plan 2017-2021

File No:                                  155042

Attachments:                        1        Disability Action Plan 2017-2021   

Responsible Officer:           Director Community Services

Author:                                  Team Leader Access   

Report

EXECUTIVE Summary

The City of Whittlesea Disability Action Plan (DAP) 2017-2021 (Attachment 1) details how Council will work with the community to meet the vision of an inclusive municipality where people of all abilities are encouraged and enabled to lead satisfying, fulfilling and contributory lives.

The DAP has been developed to align with the State Disability Plan recognising that Local Government plays an important role in contributing to and supporting some of the key directions outlined in the State Disability Plan. 

The DAP is the statement of the City of Whittlesea’s commitment to:

1.       Inclusive communities;

2.       Good health, housing and wellbeing for people with disabilities;

3.       Respect, equity and safety for all; and

4.       Contributory community living as a right for all regardless of ability.

These four commitments are the foundation that underpin the DAP as Council’s action plan for achieving genuine inclusion and equity for all.  In delivering outcomes targeted by the DAP, Council will also adhere to the intent of international, national and state charters and legislation that safeguard and promote the human rights and equity of people with disability. 

A two year Action Plan has been developed to guide Council actions over 2017/2018 and 2018/2019.  Due to the impact of the National Disability Insurance Scheme (NDIS) and other significant reforms the intent is to review these key directions in 2018/2019 and develop a further two year plan to guide Council actions up to 2020/2021.  Most actions are within Council’s recurrent departmental budgets.  When actions require additional resources, these will be considered as a part of Council’s annual budget process.

Background

The Disability Act Victoria 2006 requires each Local Government to develop a DAP.  Section 38 of the Act states that a public sector body must ensure that a DAP is prepared for the purpose of:

·     Reducing barriers to persons with a disability accessing goods, services and facilities;

·     Reducing barriers to obtaining employment;

·     Promoting inclusion and participation in the community; and

·     Achieving tangible changes in attitudes and practices which discriminate against persons with a disability.

In the City of Whittlesea there are a larger proportion of residents who report needing assistance with day-to-day activities due to disability compared with greater Melbourne (5.7% and 4.9%, respectively). The 2016 City of Whittlesea Annual Household Survey reported that 26.1% of the residents surveyed had a permanent or long term disability or medical condition.

Australians with a disability have significantly worse life outcomes compared to others or compared to people with disability in similar countries.  People with disability are more likely to experience:

·     Relatively poor health

·     Lower levels of participation in education, training and employment

·     Social exclusion

·     Lack of access to goods, services and facilities

·     Ongoing discrimination.

The City of Whittlesea Disability Action Plan has been developed to align with the State Disability Plan Absolutely Everyone 2017-2020 recognising that Local Government plays an important role in contributing to and supporting some of the key directions outlined in the State Disability Plan. 

The success of previous DAPs in providing more accessible communities throughout the municipality has meant that some actions that featured strongly in previous Plans have not needed to be carried forward into the current Plan. Many issues addressed by actions in previous Plans have become core business for the Departments involved.

Priorities remain similar to the previous DAP 2013-2016 however there is further emphasis on:

·     Increasing advocacy across a number of areas.

·     Expanding support services to address changing needs across lifespans, for CALD communities, carers and parents of children with Autism.

·     Housing being identified as a specific aspect of the built environment needing addressing.

·     How the DAP would work within the new NDIS environment.

·     Employment pathways.

Current strengths such as existing networks, community hubs and services such as library programs are highlighted and encouraged to continue and expand.

There is a focus on creating supportive environments for increasing accessibility and inclusiveness with a number of initiatives that address the built environment, transport and housing.  Of particular note are:

·     Public toilets and playgrounds;

·     Leisure centres;

·     Train stations and bus stops;

·     Footpaths and signage; and

·     Accessible and affordable housing.

The DAP 2017-2021 outlines Council actions over the next 2 years.  Due to the impact of the NDIS and other significant reforms it is intended to review these key directions in year 2 and develop a further two year action plan to guide Council actions up to 2021.

An annual progress report will be presented to Council, the broader community and tabled at Whittlesea Disability Network.

Proposal

That Council endorse the attached Disability Action Plan 2017-2021.  It is also proposed that an annual progress report will be presented to Council.

Consultation

The DAP 2017-2021 has been developed after an internal and external consultation process on the issues faced by individuals with disabilities and their families/ carers in the municipality as follows:

·     Audit of achievements on the effectiveness of the actions of the DAP 2013-2016.

·     Six consultation sessions with the Whittlesea Disability Network, local service providers, internal staff and broader community.

·     Literature review.

Constant feedback from the community is also received via the Whittlesea Disability Network, which meets monthly and has over 500 persons on the mailing list, and Our News, which is published monthly and has over 700 individuals on the mailing list. Both provide a rich source of feedback on current issues experienced by people with a disability, their carers and service providers.

Additionally during August 2017 the draft DAP was released for public comment.  A number of responses were received via a survey on Council’s website; all were supportive of the draft Plan.  The draft Plan was also presented to the Whittlesea Disability Network with positive comments received. 

Critical Dates

The current DAP 2013-2016 has expired and an interim DAP of carry forward actions is operational for 2016-2017.  Council is required under the Disability Act Victoria 2006 to have an approved DAP.

Financial Implications

Most actions are within Council’s recurrent departmental budgets.  When actions require additional resources, these will be considered as a part of Council’s annual budget process.

Policy strategy and legislation

The DAP 2017-2021 relates to the following Policy Strategy and Legislation.

National Disability Strategy 2010-2020

The National Disability Strategy is a National Plan to improve the life for every Australian with a disability, their families and carers.

The Strategy is a vision for an inclusive Australian society that enables people with a disability to fulfil their potential as equal citizens.

Its aim is to:

·     Establish a high level policy framework to give coherence to, and guide government activity across mainstream and disability-specific areas of public policy;

·     Drive improved performance of mainstream services in delivering outcomes for people with a disability;

·     Give visibility to disability issues and ensure they are included in the development and implementation of all public policy that impacts on people with a disability; and

·     Provide national leadership toward greater inclusion of people with a disability.

Absolutely Everyone - Victorian State Disability Plan 2017-2020

The State Disability Plan outlines the ways in which the State Government is taking a lead on promoting the inclusion of Victorians with a disability.

It tackles the barriers and exclusion that people with a disability deal with daily as they go about living their life.  The vision of the plan is an inclusive Victoria, which supports people with a disability to live satisfying lives.

The Plan is also working to ensure the rights of Victorians with a disability to live and participate in Victorian society on the same basis as everyone else – to be supported in their aspirations for an everyday life where they are judged by their ability and agility to live as equal citizens in our society.

The City of Whittlesea Disability Action Plan has been developed to align with the State Disability Plan recognising that Local Government plays an important role in contributing to and supporting some of the key directions outlined in the State Disability Plan.

Disability Act Victoria 2006

The Disability Act Victoria 2006 requires each Local Government to develop a DAP as previously noted.

The City of Whittlesea DAP relates to the following objectives of the Local Government Act Victoria 1989 - Section 3C being;

·     Improving the overall quality of life of people in the local community; and

·     Ensuring that services and facilities provided by the Council are accessible and equitable.

Links to the CoUNCIL Plan

Council Priority                    Health and Wellbeing

Future Direction                   Inclusive and engaged community

Theme                                   Social inclusion

Strategic Objective              We are socially inclusive of all ages, abilities, gender, race, ethnicity, sexuality, religion, culture and heritage

The DAP commitments link with the following Future Directions outlined in the Council Plan:

·     Roads, Access and Public Transport;

·     Jobs and Investment;

·     Planning and Infrastructure; and

·     Health and Wellbeing.

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 City of Whittlesea was one of the first Councils in Victoria to register a Disability Action Plan with the Australian Human Rights and Equal Opportunity Commission.

In developing Whittlesea’s fourth DAP the progress made through the positive outcomes achieved from actions embodied in previous plans has been built upon.

The outcomes and impact of the previous DAPs have helped to move the Whittlesea community forward in inclusion.  Inclusion for all remains an ongoing vision for the DAP and is a core principle of Council’s actions with the community.

The community and key stakeholder input into the development of the DAP 2017-2021 has been extensive and the resulting action plan will increase the participation and support of people with disabilities in tangible ways in our community.

 

RECOMMENDATION

THAT Council resolve to:

1.       Endorse the Disability Action Plan 2017-2021.

2.       Lodge the Disability Action Plan 2017-2021 with the Australian Human Rights and Equal Opportunity Commission.

MOTION

Moved:                       Cr Pavlidis

Seconded:               Cr Desiato

 

THAT Council resolve to:

1.       Endorse the Disability Action Plan 2017-2021.

2.       Lodge the Disability Action Plan 2017-2021 with the Australian Human Rights and Equal Opportunity Commission.

 

 

 

 

 

 

AMENDMENT

Moved:                       Cr Desiato

Seconded:               Cr Monteleone

 

THAT Council resolve to:

1.         Add an additional Action to the Disability Action Plan as follows:

1.4.6      Proactively monitor and respond to incidents of misuse of disabled persons parking spots, including facilitation of the removal of abandoned cars.

The AMENDMENT was put and carried and became the SUBSTANTIVE MOTION.

SUBSTANTIVE MOTION

Moved:                       Cr Desiato

Seconded:               Cr Monteleone

 

THAT Council resolve to:

1.         Add an additional Action to the Disability Action Plan as follows:

1.4.6      Proactively monitor and respond to incidents of misuse of disabled persons parking spots, including facilitation of the removal of abandoned cars.

2.         Endorse the Disability Action Plan 2017-2021.

3.       Lodge the Disability Action Plan 2017-2021 with the Australian Human Rights and Equal Opportunity Commission..

 

The SUBSTANTIVE MOTION was put and CARRIED UNANIMOUSLY  

 

 


Ordinary Council Minutes                                                         Tuesday 19 September 2017

 

6.2.2    SENIOR CITIZENS CLUBS' GRANTS 2017-2018

File No:                                  195731

Attachments:                        1        Recommended Senior Citizens Clubs' Grants 2017-2018

2        Senior Citizens Clubs' Grants 2017-2018: New Applicants   

Responsible Officer:           Director Community Services

Author:                                  Team Leader Positive Ageing   

Report

EXECUTIVE Summary

Council provides a grant to recognised senior citizens’ groups in order to support access to social connection for older residents. The grant amounts are based on an entitlement to a minimum grant for groups with average weekly attendance of up to 20 residents plus an additional amount for each extra older resident attending. Applications have been received from 72 currently recognised groups plus five groups seeking recognition. It is recommended that a grant be given to 71 of the currently recognised groups and that four of the applicants for recognition be ‘recognised’ and receive a grant.  Grants will be presented at a ceremony to be held at Plenty Ranges Arts and Conference Centre on 31 October 2017.

Background

Council makes annual provision for grants to recognised Senior Citizens’ Clubs.

In 2017-2018 the following guidelines and funds allocation formula has been used, incorporating a 1.5% CPI increase:

·    The base grant will be $1,200.65 for a club with an average weekly attendance of up to 20 resident members and newly recognised clubs.

·    Clubs with an average weekly attendance of more than 20 resident members will receive $1,200.65 plus an additional $20.80 per extra member.

The eligibility guidelines for Senior Citizens Clubs’ Grants state that clubs must:

·    Be incorporated with the purpose of offering a range of social, recreational and educational activities for their members.

·    Have Public Liability Insurance.

·    Be linked to Council support programs (ie. participate in liaison programs).

·    Provide an annual report to Council’s Aged and Disability Department.

·    Use funds for normal activities of the group, not for the payment of subsidy or rental costs.

·    Have 95% of members over 55 years of age.

·    Club is based in the City of Whittlesea.

For a new club to receive support it is expected that in addition to the above criteria, the club should also be meeting unmet need and not be duplicating the operations of existing clubs. 

Attention continues to be paid to ensuring that each club has been able to provide solid evidence of the number of members residing in the Municipality and in particular to the average weekly attendance figures of the members who reside in the municipality.

Proposal

Existing Clubs

The current number of formally recognised senior citizens’ clubs is 72.  In 2017/2018, all 72 recognised groups, with an average of 4,871 residents attending weekly lodged grant applications.

In 2017/2018 three situations have arisen among recognised clubs which require further consideration.

Of the 72 recognised clubs, during 2016 due to the redevelopment of Barry Road Community Activity Centre, six clubs were relocated from that centre to other facilities. Two of the clubs relocated to the Galada Community Centre in Epping and this resulted in a significant drop in weekly attendance numbers across 2016 (refer Attachment 1). It is therefore recommended that these clubs receive a grant equal to the amount they received in 2016/2017.

It is proposed that all currently recognised clubs except one be recommended to receive a grant.

The Greek Orthodox Community of Whittlesea Women’s Group is a currently recognised group that has submitted an application for a grant. The group currently has unresolved disputes about the legitimacy of the most recent Committee election and whether this group is autonomous or under the auspice of another association. Council officers have been providing support to assist resolution, but as yet the issues remain unresolved. Therefore, it is recommended that Council hold over any decision on this group’s grant application until the issues are resolved, at which time a separate recommendation will be presented to Council.

Since submitting an application for the 2017/2018 grant, the Association of Macedonian Refugee Children Elderly Citizens Group Inc. has advised that it is currently reconsidering its future and in coming weeks may decide to fold. It is recommended that a grant allocation be provided for this group, but that further clarification be obtained from the group prior to the proposed award date of 31 October 2017.

Attachment 1 – Recommended Senior Citizens Clubs’ Grants 2017-2018 details the proposed allocation of grants to currently recognised clubs for this financial year which total $159,101.20.

New Clubs

This year, five clubs have applied to be recognised as a seniors club within the City of Whittlesea.  Based upon the ability of these clubs’ to meet the eligibility guidelines, it is proposed that four clubs only be recommended for recognition and therefore a seniors clubs’ grant in 2017/2018.

Attachment 2 – New Applicant details and proposed recommendation.

Consultation

Consultation has occurred with all currently recognised Senior Citizens’ Clubs in Whittlesea as well as the five new applicants to the Senior Citizens Clubs’ Grant Program.

Critical Dates

A function formally acknowledging the Senior Citizens Clubs’ Grants will be held at PRACC on 31 October 2017.

Financial Implications

Attachment 1 shows the expected total allocation to be $165,104.45 if all recommended applicants are awarded a grant. This is $6,104.45 above the adopted budget of $159,000. The grants program is entitlement based, and any over spend will be addressed during the mid-year financial review.

Policy strategy and legislation

The 2017-2018 Senior Citizens Clubs’ Grants are consistent with Council’s Positive Ageing Strategy and Community Building Strategy. The applications have been assessed and administered within Council’s current Grants Policy and Guidelines.

Council also recently resolved that in order to be eligible for a grant in 2018/2019 all groups will be required to have adopted a code of conduct. Approximately half of the currently recognised Clubs have already adopted a code of conduct. The remainder are being informed of this requirement and will be supported to develop and implement a code of conduct in readiness for the 2018/2019 grants round.

Links to the CoUNCIL Plan

Council Priority                    Health and Wellbeing

Future Direction                   Inclusive and engaged community

Theme                                   Community connectedness

Strategic Objective              Programs, services and infrastructure encourage social connections and the development of a sense of community

Senior citizens’ clubs provide older people with the ability to build and maintain a social life in community.  As they are volunteer led, supporting these groups demonstrates that Council acknowledges the capacity of older people and values the continued contributions of older people. 

Social participation and social support are strongly connected to good health and wellbeing throughout life.  Participating in leisure, social, cultural and spiritual activities in the community, as well as with the family, allows older people to continue to exercise their competence, enjoy respect and continue to establish and maintain supportive and caring relationships.  The clubs foster social integration and are an avenue for older people to stay informed and living well. 

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 awarding of funds to Clubs through the Senior Citizens Clubs’ Grants Program assists the many Seniors Clubs in providing valuable programs, services and activities to their members.

 

RECOMMENDATION

THAT Council resolve to:

1.       Award Senior Citizens Clubs’ Grants as recommended in Attachment 1.

2.       Withhold any recommendation on the grant application submitted by the Greek Orthodox Community of Whittlesea Inc. Women’s Group with a separate recommendation to be made once the current dispute has been resolved.

3.       Inform all applicants in writing of the outcome of their grant application.

MOTION

Moved:                       Cr Pavlidis

Seconded:               Cr Alessi

 

THAT Council resolve to:

1.       Award Senior Citizens Clubs’ Grants as recommended in Attachment 1.

2.       (a)     That the Greek Orthodox Community of Whittlesea Women’s Group receive funding of $2,136.65 as detailed in Attachment 1.

          (b)     That Council Officers communicate, work with and continue to assist the Greek Orthodox Community of Whittlesea Women’s Group in accordance with their request.

3.       Inform all applicants in writing of the outcome of their grant application.

EXTENSION OF SPEAKING TIME

Cr Pavlidis requested an extension of speaking time.

council resolution

Moved:                       Cr Alessi

Seconded:               Cr Kozmevski

 

THAT Council resolve to extend the speaking time for Cr Pavlidis for a further two minutes.

Carried

EXTENSION OF SPEAKING TIME

Cr Alessi requested an extension of speaking time.

council resolution

Moved:                       Cr Pavlidis

Seconded:               Cr Kozmevski

 

THAT Council resolve to extend the speaking time for Cr Alessi for a further two minutes.

Carried

 

MOTION

Moved:                       Cr Pavlidis

Seconded:               Cr Alessi

 

THAT Council resolve to:

1.       Award Senior Citizens Clubs’ Grants as recommended in Attachment 1.

2.       (a)     That the Greek Orthodox Community of Whittlesea Women’s Group receive funding of $2,136.65 as detailed in Attachment 1.

          (b)     That Council Officers communicate, work with and continue to assist the Greek Orthodox Community of Whittlesea Women’s Group in accordance with their request.

3.       Inform all applicants in writing of the outcome of their grant application.

LOST

Division

Immediately after the motion was voted on, Cr Pavlidis called for a division which resulted in the following votes being recorded.

 

For

Cr Pavlidis

Cr Kozmevski

Cr Alessi

Against

Cr Kirkham

Cr Kelly

Cr Lalios

Cr Desiato

Abstained

Cr Monteleone

Based on the votes cast during the Division, the motion was LOST.

council resolution

Moved:                       Cr Lalios

Seconded:               Cr Kelly

 

THAT Council resolve to:

1.       Award Senior Citizens Clubs’ Grants as recommended in Attachment 1.

2.       Withhold any recommendation on the grant application submitted by the Greek Orthodox Community of Whittlesea Inc. Women’s Group with a separate recommendation to be made once the current dispute has been resolved.

3.       Inform all applicants in writing of the outcome of their grant application.

CARRIED

 


Ordinary Council Minutes                                                         Tuesday 19 September 2017

 

6.3       City Transport and Presentation

6.3.1    PETITION RESPONSE - DIRT BIKE ACTIVITY IN AND AROUND MERNDA VILLAGE AND QUARRY HILLS

File No:                                  SU194904   

Responsible Officer:           Director City Transport & Presentation

Author:                                  Team Leader Environmental Management   

Report

EXECUTIVE Summary

Council received a petition from residents in the Mernda Villages Estate raising concerns about the unlawful use of off-road motorbikes in the undeveloped land west of the estate identified as Quarry Hills.  The petition was tabled at the Council meeting on 18 July 2017 and Council resolved that a report be prepared.

This report responds to issues raised in the petition outlining the roles and responsibilities of various authorities, the development background and status of the Mernda Villages Estate. Outlined are the works that Council does proactively to discourage such unlawful activities. The report proposes that Council contributes, in consultation with Victoria Police via the Community Safety and Crime Prevention Committee, to a greater community awareness of the issue of unlawful motorbike use through advocacy, communication and signage.

Background

The Mernda Villages West Residential development transfers a significant open space parcel to Council presently known as 31 Brunton Avenue, Mernda. This land is zoned Green Wedge Zone and covered by Significant Landscape and Environmental Significance Overlays.  The Quarry Hills Masterplan (2010) identified this land for inclusion in the future regional parkland for passive recreation.

The current development plan and planning permits for the Mernda Villages Estate have little requirement for embellishment of the land other than boundary treatments.  These have been progressively constructed by the property developers Stockland.  This treatment includes installation of vehicle exclusion barriers, landscaped garden features on batters and grassed interfaces.  The landscape and residential interface construction is being progressively completed in line with the stages of subdivision rollout.  This results in an ongoing reduction of the number of unlawful access and entry points into the land.  This continued development has also increased the levels of passive surveillance by the community.

The land is still owned by Stockland and access to the land and maintenance of the interface treatments, including vehicle exclusion, remains the current owner’s responsibility until mid-2018.  Then handover to Council is anticipated in accordance with planning permit landscape conditions. Council has proactively worked with Stockland to decommission and remove most of the access tracks used by unlawful motorbikes in the Quarry Hills land.  A small number of tracks have been retained which provide future maintenance access for land management, fire mitigation and emergency vehicle access to abutting residential lots as required. Council landscape and asset surveillance officers audit the condition of all works delivered by developers to ensure that damaged assets such as gates fences and landscaped areas are maintained and repaired in a timely manner.

These landscape treatments effectively exclude cars from public land but are less effective at eliminating unlawful motorbike access. Council’s parks and reserves are designed on principles of inclusion, such as DDA compliance standards. These standards are not conducive with the complete elimination of unlawful motorbike use. As a result, Council has a role in continuing to address this challenging issue via prevention and discouragement measures.

The issue of unlawful motorbike activity is not unique to the Mernda Villages Estate. In other parts of the Quarry Hills Regional Park and other large public reserves and corridors, Council and other authorities such as Melbourne Water and Parks Victoria have installed icon based information signs that clearly notify users of prohibited activities including motorbike use. Where required, information signage is installed, replaced and upgraded in public open space that have known access points or ‘hot spots’ for unlawful motorbike users.  This signage complements an active presence of field maintenance staff that also report incidents of unlawful motorbike activity to the police.

The use and regulation of motorcycles is primarily a matter for Victoria Police under the Road Management Act (2004). Council has limited ability to enforce the relevant laws pertaining to unlawful or unlicensed motorbike use in Mernda Villages. Victoria Police has recommended that the preferred approach for managing unlawful motorbike use in public land is via reporting issues to the Victorian Police Special Solo Motorcycle Unit (also known as Solo Squad).

The Solo Squad Unit operates on a mandate of regulating licensed motorbike areas such as State Forests and enforcing penalties against unlicensed motorbike users in and around urban areas such as parks, reserves and creek corridors. Council staff regularly report incidents to Solo Squad which identifies ‘hot spots’ for Solo Squad patrols.

Council continues to advocate for greater community safety education and initiatives, including transport safety issues through its lead role in the Community Safety and Crime Prevention Committee with Victoria Police.  This advocacy work is in accordance with Council’s Community Safety and Crime Prevention Strategy.

Proposal

Within its limited capacity to support the Victorian Police in enforcement of unlawful motorbike activity in public open space it is proposed that Council:

·        Continues to work with Stockland to install additional interpretive signage that details prohibited uses in the future Quarry Hills Regional Park Land,

·        Advocates to Victoria Police for greater community safety education and initiatives through its lead role in the Community Safety and Crime Prevention Committee and discuss options for identifying ‘hot spots’ and mitigation strategies,

·        Uses marketing and communication avenues such as Whittlescene and Facebook to highlight the issues of unlawful motorbike activity in public open space and promote the relevant contacts for reporting incidents to the Victoria Police Solo Squad Unit,

·        Continues to monitor, upgrade and replace interpretive signage at known or reported access points for unlawful motorbike users into public open space, and

·        Encourages Council staff to log sightings and incidents of unlawful motorbike activity in public reserves to the Victorian Police Solo Squad.

Consultation

As part of the preparation of this report, consultation has occurred with the Victorian Police Special Solo Motorcycle Unit, clarifying current details and procedure for reporting unlawful motorbike activity.

Consultation yet to occur includes at the Community Safety and Crime Prevention Committee.  This item is to be tabled for discussion at the next scheduled Committee meeting.

Critical Dates

The next Community Safety and Crime Prevention Committee is scheduled for Tuesday 3 October 2017.  An item relating to the issue of Unlawful Motorbike Use in Council Reserves is to be tabled for discussion at this meeting.

The critical date for inclusion of this item in the December edition of Whittlescene is end of October 2017. This issue is to be released prior to the summer school holidays when anecdotally unlawful motorbike activity is most prolific.

 Financial Implications

All promotion and advocacy works to be achieved through existing Council resources. Any changes or alterations to interpretive signage are to be achieved through Council’s asset replacement and recurrent maintenance programs.

Policy strategy and legislation

Community Safety and Crime Prevention Strategy, Goal 1: The built environment is safe, welcoming and promotes community connection.

Links to the CoUNCIL Plan

Council Priority                    Community Safety

Future Direction                   Health and wellbeing

Theme                                   Safety

Strategic Objective              Our neighbourhoods are designed to create safe public spaces

The proposal will increase community awareness of the issues of public nuisance associated with unlawful motorbike use in public open space.  The proposal will provide tools to the community that will empower their ability to proactively report ‘hot spots’ of dirt bike activity that provide evidence for enforcement by Victoria Police. The proposal will assist Council operations teams with reviewing and upgrading appropriate interpretive signage for open space reserves. The cumulative impacts of these actions aim to contribute to safety in public spaces.

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

Council’s role in managing the impacts of unlawful motorbike activity in public open space includes supporting the work of the Victoria Police consistent with the goals of the Community Safety and Crime Prevention Strategy. Several recommendations are proposed that proactively demonstrate this support through advocacy, communication and information signage.

 

RECOMMENDATION

THAT Council resolve to:

1.       Continue to work with the developers of Mernda Villages Estate to ensure the ongoing maintenance and upkeep of vehicle exclusion.

2.       Advocate to the Victorian Police via the Community Safety and Crime Prevention Committee to explore new ideas and initiatives to address concerns of residents.

3.       Support an awareness campaign for community members to proactively report unlawful motorbike activity in public open space that includes:

a)      Targeted communication through information signage; and

b)      General communication through Council’s communication channels including Whittlescene.

4.       Write to all petitioners and inform them of the above Council resolution.

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Desiato

 

The above Recommendation was adopted unchanged as part of an en bloc Resolution Moved by Cr Kelly, Seconded by Cr Desiato.   See Section 6 - Officers' Reports for further information on items adopted en bloc.

Carried

 


Ordinary Council Minutes                                                         Tuesday 19 September 2017

 

6.3.2    Plenty Road Shared Path

File No:                                  ST/ 143447  

Responsible Officer:           Director City Transport & Presentation

Author:                                  Team Leader Strategic Transport   

Report

EXECUTIVE Summary

This report provides information on the construction of the Shared User Path (SUP) as part of the VicRoads Plenty Road Upgrade Project (the ‘Project’) between McKimmies Road and Bush Boulevard, Mill Park.  The report seeks Council approval to transfer land (i.e. in the order of 1,837m2) under Council ownership to VicRoads, as a value offset, for the construction of a Shared User Path on the west side of Plenty Road.

Background

Council has long supported the continual upgrade of Plenty Road for all users and modes of transport to improve traffic flow, safety and access to employment, education and social community centres.  In recent Victorian State Budget announcements, funding in the order of $139.4M was committed for Plenty Road to be upgraded in Mill Park (Stage 1) and South Morang (Stage 2).

Stage 1 of the project, (between McKimmies Road to Bush Boulevard), includes:

·    widening the road with an additional lane in each direction (over 2.8 kilometres)

·    improving five major intersections including Childs Road and Centenary Drive

·    installing traffic barriers to prevent crashes

·    building safer lanes for cyclists

·    installing safety barriers making it safer for all road users

Stage 2 of the project, (between Bush Boulevard to Bridge Inn Road), includes:

·    widening the road from four to six lanes between Bush Boulevard and Riverdale Boulevard

·    widening the road from two to four lanes between Riverdale Boulevard and Bridge Inn Road

·    improving bike and walking facilities

·    improving major intersections including Bridge Inn Road

discussion

Cycling facilities

Acknowledging the importance of providing safe and efficient cycling facilities for the community benefit, VicRoads has developed an option for both the construction of on-road cycling lanes and a Shared User Path (SUP) along the west side of Plenty Road as part of the contract for the Project.

During the design and consultation phase of the project it was discovered that a high number of training cyclists use this corridor. Cycling along the Plenty Road corridor has created a culture where professional and semi-professional cyclists use the on road facility as part of their training regime.

The off-road path facility, also known as a shared user path (SUP) provides a means of recreational use for lesser experienced cyclists (i.e. children, parents and general bike commuters) improving cycling connectivity and pedestrian access to key activity points along the corridor.

The original project scope and budget does not however enable the delivery of both off road and on road cycling facilities.  Given that on road cycling occurs along this corridor currently, on road cycling lanes have been included in the project scope.  With Council officers, VicRoads has identified an opportunity to add a SUP into the Project by offsetting the cost of the off road facility against the value that would have otherwise been paid to Council for land acquisition.

The delivery of a SUP along Plenty Road is a key recommendation of Councils Bicycle Plan and is currently included in Councils New Works Program (NWP).

Land

The size of the Council owned land required for the project is approximately 1,837m2, and extends across nine parcels along the Plenty Road corridor which is designated as Council tree reserve.  Limiting any removal of these trees from these tree reserves has been a key design principle embedded into the project.

VicRoads have estimated the value of the land at approximately $0.5M.  Council officers are undertaking their own land valuation and consider the land to be estimated between $0.5M to $1.5M. 

In view of the difference in valuations, the actual valuation will be determined by the Valuer General, Victoria in accordance with section 6.2 (Government to Government Transactions) of the Victoria Government Land Transactions Policy and Guidelines, April 2016.

Critical Dates

For the SUP to be constructed along the Plenty Road corridor as part of the contract for the Project, VicRoads will need to be formally notified by 20 September 2017.

Financial Implications

As part of forming Council’s New Works Program, officers estimated the capital expenditure of the SUP along the west side of the Plenty Road corridor at $1.4M. Due to economies of scale in incorporating the shared path delivery as a small component of a much larger road construction project, VicRoads advise that the pathway can be delivered for $0.7M.

Based on the above, a cost difference of $0.7M remains, in favour of Council with the SUP completed in a single year, rather than in a staged way over several years in the new works program.

The value of land required shall be on the basis of a determination by the Valuer General, Victoria and is likely to be estimated between $0.5M to $1.5M.

VicRoads require Council to fund any shortfall between the land value offset, against the $0.7 million cost of the pathway.  If there is a shortfall, the amount will not be determined until a formal valuation has occurred.  If the land value is greater than the shared path costs, VicRoads will pay Council the balance.

$592,000 is currently included in the 2017/18 New Works Program for the delivery of the pathway along Plenty Road.

Policy strategy and legislation

The SUP is identified as outcomes and/ or action items presented in the following Council policies and strategies:

·    Road and Public Transport Plan (2017);

·    Whittlesea Bicycle Plan 2016 – 2020;

·    Integrated Transport Strategy 2014; and

·    Plenty Valley Town Centre Structure Plan.

Links to the CoUNCIL Plan

Council Priority                    Roads, Access and Public Transport

Future Direction                   Accessibility in, out and around our City

Theme                                   Transport

Strategic Objective              We have walkable neighbourhoods

The SUP is identified in the strategic outcomes presented in Shaping Our Future: Council Plan 2017 – 2021:

·    People can access and use public transport and road networks effectively in accessing jobs, services and recreational activities; and

·    Council will ensure sustainable, timely and quality development of our municipality while improving the range of recreational opportunities for residents and visitors.

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 shared user path (SUP) provides a means of recreational use improving cycling connectivity and pedestrian access.

VicRoads has identified an opportunity to include the construction of a SUP along the west side of the Plenty Road corridor as part of the contract for the Project, on the basis of land under the ownership of Council, that is required for the Project, be offset as part of the costs to the SUP.

The valuation will be determined by the Valuer General, Victoria in accordance with section 6.2 (Government to Government Transactions) of the Victoria Government Land Transactions Policy and Guidelines, April 2016.

The SUP has been previously scoped by Council officers and has been included in Councils NWP as PID 1992 to be undertaken over the next 4 years at a total cost of $1.4M. Currently, funds in the order of $592,000 are available in this FY.

VicRoads estimate in constructing the SUP on the west side of the Plenty Road corridor is at a total cost of $0.7M with its delivery by the end of 2018 (within the 2018/19 FY).

 

RECOMMENDATION

THAT Council resolve to:

1.       Accept VicRoads offer to deliver the Shared User Path on the west side of Plenty Road as part of the Plenty Road Upgrade Project, offset by the value of Council owned land that will be acquired for the Project.

2.       Fund any difference between the value of land required for the project, and the cost of the Shared User Path, from existing allocations within the New Works Program.

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Desiato

 

The above Recommendation was adopted unchanged as part of an en bloc Resolution Moved by Cr Kelly, Seconded by Cr Desiato.   See Section 6 - Officers' Reports for further information on items adopted en bloc.

Carried

  

 


Ordinary Council Minutes                                                         Tuesday 19 September 2017

 

6.4       Corporate Services

6.4.1    Road Discontinuance  - Downs Road - 135-161 Barry Road Thomastown

File No:                                  SU175648

Attachments:                        1        Site Plan & Photo

2        Advertising Plan

3        Development Plan   

Responsible Officer:           Director Corporate Services

Author:                                  Senior Property Officer   

 

Report

executive Summary

This report seeks Council’s approval to invite public submissions on the proposed discontinuance and disposal of a section of unused road reserve shown on the attached plans (see Attachment 1 – Site Plan & Photo and Attachment 2 – Advertising Plan) under Section 206 of the Local Government Act 1989.

Background

Council officers recently received an application from the owners of 135-161 Barry Road, Thomastown (Applicant), seeking an agreement to discontinue and acquire a section of road reserve that will form part of an adjoining residential development.

The land, which is not considered essential for road purposes in its present form, would be discontinued and sold for the purposes of servicing a new residential subdivision under the Barry Road Development Plan (see Attachment 3 – Development Plan).

The Development Plan outlines that a significant portion of the road (to be discontinued) will be set-out as a new 14m wide road to service each of the rear loaded residential allotments and provide connection to new and existing underground services.  The new service road will integrate with the local road network and open space linkages such as Council’s Whittlesea Gardens, RGC Cook reserve and Crown allotments to which Council was appointed Committee of Management in 2016.

The Crown allotments, with total area of approximately 2Ha, are located on the northern and western boundaries of the development site (adjoining the Hume Freeway) and were secured for the protection and offset of native vegetation that would be otherwise lost through the future development of 135-161 Barry Road, Thomastown.

Proposal

To seek Council’s approval to invite public submissions on the proposed discontinuance and sale of the southern section of Downs Road, Thomastown, for the purposes of consolidating the land within the adjoining residential development site (135-161 Barry Road, Thomastown).

The discontinuance and sale would ensure that the land is put to its best use in accordance with the endorsed Barry Road Development Plan.

The balance of the discontinued section of Downs Road (northern section) would be retained by Council and utilised as an extension of the Whittlesea Gardens.

Consultation

Consultation has been held between Council officers, Council’s appointed surveyor (Barker Monahan), all relevant statutory authorities and the Applicant, to ensure that the land is no longer required for its original purpose and that all existing and proposed easements are noted within the advertising plan.

The plan will be consistent with the requirements of the Barry Road Development Plan which was endorsed in May 2017.

public submissions

Council officers will invite public submissions on the proposed discontinuance under Section 223 of the Local Government Act 1989.  An advertisement will be placed in the Whittlesea Leader newspaper and Council’s website (public notices) on Tuesday 26 September 2017, requesting that public submissions be received by 12 noon on Wednesday 25 October 2017.

Financial Implications

Council’s Manager Property, Rates & Valuations has considered the Applicant’s offer of $400,000 (plus GST) and believes it to be in line with market value.

All additional costs associated with the purchase, i.e. surveying, advertising and transfer, will also be borne by the Applicant (approximately $5,000).

Policy strategy and legislation

Council must seek public submissions on the proposed discontinuance under Section 206 and 223 of the Local Government Act 1989.  Submissions will be invited for a period no less than 28 days and referred on to an appointed Committee of Council for consideration.  The appointed Committee will consider and report all findings to Council for its final recommendation at their next available meeting. 

The discontinuance and proposed sale of this strip of road, whilst primarily facilitated through the planning permit process of the development of the privately owned land at 135 – 161 Barry Road, Thomastown, has been examined and completed in accordance with Council’s recently adopted “Property Strategy”.

Links to the CoUNCIL Plan

Council Priority                    Roads, Access and Public Transport

Future Direction                   Accessibility in, out and around our City

Theme                                   Transport

Strategic Objective              The road network responds to our needs in accessing jobs, services and recreational activities

The proposal seeks to facilitate the discontinuance and sale of the southern section of road that will be consolidated and utilised as a future residential development.

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

To invite public submissions on the proposed discontinuance and sale of the southern section of road reserve marked in Attachment 2 – Advertising Plan, to the adjoining landowner at 135-161 Barry Road Thomastown.  The land will be purchased and consolidated within the existing property for the purposes of creating a new residential subdivision.  The balance of road will be will be set-out as a new 14m wide road to service the rear loaded residential allotments and provide connection to new and existing underground services.

 

RECOMMENDATION

THAT Council resolve to:

1.       Invite public submissions in accordance with Section 206 and 223 of the Local Government Act 1989, of its intentions to commence procedures to discontinue and sell the southern section of road, marked in Attachment 2 – Advertising Plan, to the adjoining landowner at 135-161 Barry Road, Thomastown.  Council will retain the northern section of the road reserve.

2.       Establish an Advisory Committee of Council comprising of South-West Ward Councillors, to consider any written submissions received on the proposal and make recommendations to Council on any such submissions.

3.       Authorise the Chief Executive Officer to carry out administrative procedures necessary to enable Council to carry out its functions under Section 223 of the Local Government Act 1989.

4.       Receive a further report on the proposed discontinuance following the close of the submission period.

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Desiato

 

The above Recommendation was adopted unchanged as part of an en bloc Resolution Moved by Cr Kelly, Seconded by Cr Desiato.   See Section 6 - Officers' Reports for further information on items adopted en bloc.

Carried

  

 


Ordinary Council Minutes                                                         Tuesday 19 September 2017

 

6.5       Partnerships & Engagement

6.5.1    Community Transport Policy, City of Whittlesea

File No:                                  .

Attachments:                        1        Draft Community Transport Policy

2        Consultants Report   

Responsible Officer:           Director Partnerships & Engagement 

Author:                                  Whittlesea Community Futures Project Officer   

Report

EXECUTIVE Summary

This report presents a new Community Transport Policy for Council consideration and adoption. The Community Transport Policy articulates Council’s role in facilitating and advocating for the establishment of a robust and sustainable community transport sector in the City of Whittlesea.

The City of Whittlesea is one of the largest municipalities in Melbourne. It also has one of the fastest growing populations in Australia. Only 2% of residents (approximately) live within walkable distance to heavy rail services1. Further the highest future population growth is expected in the northern growth corridor where public transport access is the poorest. Higher proportion of young families, young people, and people living with disabilities than greater Melbourne and a rapidly growing ageing population means City of Whittlesea is more vulnerable to social isolation and lack of access to support and service systems.

These issues could be addressed by having a robust and sustainable community transport sector in City of Whittlesea. Community Transport services can typically address gaps in commercial and public transport provision, offering flexible transport options for community groups and transport disadvantaged communities, enabling them to access many vital services. Community transport is also an ideal solution for the transport shortfalls faced by communities in the growth corridors until they are adequately serviced by conventional transport services. 

Therefore, a Community Transport Policy will be instrumental in guiding Council in facilitating and advocating for the establishment of a robust and sustainable community transport sector in City of Whittlesea.

Background

This rapid population growth, geographic and demographic characteristics of Whittlesea is compounding the lack of available and affordable transport options. City of Whittlesea is the 7th largest municipality in Melbourne with urban areas, established suburbs, growth corridors and vast rural areas. The current population is 207, 881 and it is one of the fastest growing populations in Australia. It is also home to ‘Doreen’ the fastest growing suburb in Victoria. Further in 2016, 5.7% of the City of Whittlesea's population needed assistance because of a disability compared to 4.9% in Greater Melbourne2. Population growth, geographic and demographic characteristics of Whittlesea are compounding the lack of available and affordable transport options in the City of Whittlesea.

Reference:

1 City of Whittlesea Integrated Transport Strategy 2014

2 Profile.idcom.au

Council is committed to supporting transport disadvantaged communities of the City of Whittlesea. It recognises Community Transport as an integral part of the solution in reducing transport disadvantage. The City of Whittlesea works in partnership with local providers to facilitate and advocate for an affordable, accessible, and inclusive community transport sector that is responsive to people’s needs and circumstances.

Community transport is a not for profit solution to local transport issues. Services are tailored to those with existing barriers to accessing transport. They assist people who are transport disadvantaged to remain active and valued members of their communities and to live independently in their homes and neighbourhoods. Community transport makes a significant contribution towards promoting and sustaining the health and well-being of its service users.

The Integrated Transport Strategy 2014 identified a number of actions to support the local community transport sector. One of the identified actions was the development of a Community Transport Policy to guide Council’s role in facilitating, advocating for and supporting the sector. Community transport is an essential service for people with limited transport options. It makes it possible to access medical services and participate in social activities. Further, the rapidly growing urban areas lack adequate public transport infrastructure, affordable public transport options and local service delivery, which in turn lead to social isolation and affect the well-being of individuals. It is envisaged that community transport could play a vital role in the growth corridors to fill this void until the areas are better connected.

In City of Whittlesea, Community Transport services are predominantly provided by volunteer based not for profit agencies with a strong focus on service delivery. The community transport sector is experiencing rapid change due to changes relating to the introduction of the National Disability Insurance Scheme (NDIS) and reforms to aged care services. It is vital that Council is actively involved in facilitating the establishment of a robust and sustainable community transport sector in City of Whittlesea in this period of transformation.

Community Transport has been identified as an important service element for our community through various Council consultations. ‘Shaping Our Future –Whittlesea 2030 Strategic Community Plan’  has identified ‘Accessibility in, out and around our city’ as one of our future directions and having community transport options to address transport disadvantage as one of its strategic objectives.

This policy is informed by the Community Transport Report, 2016. This report was developed through consultation with various Council departments and community transport service providers including Whittlesea Community Connections (WCC), Link Community Transport and Whittlesea Areas Community Care and Assistance (WACCA). 

The report identified the value of community transport. It also identifies the challenges facing the community transport sector as give below:

·    challenges of sector reform

·    fragmented service provision

·    lack of and inability to do forward planning

·    lack of information provision

·    lack of data collection and

·    uneven service access

The report identified that the Council is well placed to continue its role as an advocate and facilitator for the community transport sector in the City of Whittlesea. In particular it recommends Council to play a proactive role in supporting data collection, facilitating service planning, sector collaboration and advocating for resources.

To further progress the development of the community transport policy, a policy reference group was formed comprising representatives from all relevant departments. The Community Transport Policy (Attachment 1) is the product of the reference group. 

Proposal

The Community Transport Policy articulates Council’s role in supporting, facilitating and advocating for the establishment of a robust and sustainable community transport sector. The Community Transport Policy will guide Council’s work in partnership with local providers, to advocate and facilitate a local community transport system designed to improve access to services and activities for local residents.

The objective of this policy is to:

•        Advocate for funding to support and strengthen the community transport sector in the City of Whittlesea.

•        Support data collection and research on existing barriers in accessing transport in City of Whittlesea

•        Facilitate the capture of information on local demand for community transport and unmet need.

•        Actively promote collaboration among service providers through existing partnerships and networks.

•        Share information on available community transport services with the local community and services, through avenues available to Council.

•        Explore opportunities for the better utilisation of existing council-owned community-purpose transport facilities in supporting ‘transport disadvantaged’ communities.

Consultation

Local community transport service providers including WCC, Link Community Transport and WACCA and various Council departments have been consulted as part of the study conducted by the consultant.

Further, the Council’s ‘Community Transport Policy Reference Group’ included all the relevant departments across Council. The Community Transport Policy (attached) is the product of the reference group.  

Critical Dates

Not Applicable.

Financial Implications

Council in partnership with other agencies have previously successfully advocated for increased funding for community transport for our residents. Two providers, Link Community Transport and Whittlesea Community Connections  currently receive State and Federal government  funding to provide community transport locally.

Further Council as a facilitator, assists the local community transport services providers with night time safe parking at the Epping depot.

Though Council, with its own buses, provides very limited transport service to Council events and programs for the participants who otherwise won’t be able to participate, it is not technically considered as community transport provision.

There will not be any financial implications for Council that arises from this policy.

Policy strategy and legislation

City of Whittlesea Policies

·    Shaping Our Future –Whittlesea 2030 Strategic Community Plan

·    Integrated Transport Strategy 2014

·    Disability Action Plan 2017-2021

•    Outcome 1.4 People with a disability will have access to a range of transport options

•    Action 1.4.4 Develop a Community Transport Policy, ensuring that the needs of people with disabilities are included in the policy development Appropriate and accessible transport services will be available to meet the varying needs of all residents.

Links to the CoUNCIL Plan

Council Priority                    Roads, Access and Public Transport

Future Direction                   Accessibility in, out and around our City

Theme                                   Transport

Strategic Objective              We have Community Transport options to address transport disadvantage

This policy directly relates to the strategic objective identified in the Council Plan ‘We have community transport options to address transport disadvantage’. The proposed policy objectives will enable and strengthen Council’s role as a proactive facilitator and advocate for community transport services in the City of Whittlesea and help increase access and availability of community transport services for our local community.

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 City of Whittlesea recognises Community Transport is an integral part of the solution in reducing transport disadvantage. In recognition of this, the Community Transport Policy will guide Council’s work in partnership with local providers, to advocate for and facilitate an accessible, inclusive and sustainable local community transport system designed to improve access to services and activities for local residents.


 

RECOMMENDATION

THAT Council resolve to adopt the Community Transport Policy.

Council Resolution

Moved:                       Cr Desiato

Seconded:               Cr Kelly

 

THAT Council resolve to adopt the Recommendation.

Carried

 

 

 

 


Ordinary Council Minutes                                                         Tuesday 19 September 2017

 

6.5.2    Assemblies of Councillors report - 19 September 2017

File No:                                  188199   

Responsible Officer:           Director Partnerships & Engagement 

Author:                                  Governance Officer   

 

Report

Executive 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

Whittlesea Reconciliation Group Meeting

20 July 2017

Cr Kirkham

(Mayor)

TLACD

TLAHE

ALC

1.     The WRG’s discussion paper pertaining to the City of Whittlesea Aboriginal Showcase Event; and

2.     The WRG’s discussion paper/policy paper pertaining to “Change the Date” and Council’s ongoing celebration of Australia Day.

Nil disclosures

CEO Employment Matters Advisory Committee

16 August 2017

Cr Kirkham

(Mayor)

Cr Lalios

Cr Monteleone

 

CEO-A

1.     CEO KPIs.

 

Nil disclosures

Council Forum

22 August 2017

Cr Kirkham

(Mayor)

Cr Kelly
(Deputy Mayor)

Cr Alessi

Cr Desiato

Cr Kozmevski

Cr Monteleone

Cr Sterjova

CEO

DCS

DCRS

DCTP

DPE

DPMP

MFCYP

TLYS

FYP

MMF

MCDT

TLST

STTO

1.     Youth Plan 2030+ Workshop;

2.     Plenty Ranges Arts and Convention Centre Review 2017; and

3.     City of Whittlesea Road Safety Strategy 2017.

Nil disclosures

Briefing on annual Financial Statements

29 August 2017

Cr Kelly
(Deputy Mayor)

Cr Alessi

Cr Kozmevski

Cr Sterjova

Cr Monteleone

CEO

DCRS

DCTP

DPE

DPMP

MG

MFA

1.     Briefing on the Annual Financial Statements.

Nil disclosures

The table below represents an Index of Officer titles:

Initials

Title of Officer

Initials

Title of Officer

ALC

Aboriginal Liaison Coordinator – Donna Wright

MFA

Manager Finance & Assets – Amy Montalti

CEO

Chief Executive Officer – Simon Overland

MFCYP

Manager Family Children & Young People – Jane Price

CEO - A

Acting Chief Executive Officer – Liana Thompson

MG

Manager Governance – Michael Tonta

DCS

Director Community Services – Russell Hopkins

MMF

Manager Major Facilities – Carl Partridge

DCRS

Director Corporate Services – Helen Sui

STTO

Senior Traffic and Transport Officer – Malcolm Johnson

DCTP

Director City Transport and Presentation– Nick Mann

TLACD

Team Leader Aboriginal and Cultural Diversity – Ben Waterhouse

DPE

Director Partnerships and Engagement – Liana Thompson

TLAHE

Team Leader Arts, Heritage & Events – Rachel Francis

DPMP

Director Planning & Major Projects – Steve O’Brien

TLST

Team Leader Strategic Transport – Louie D’Amore

FYP

Family Youth Planner – Fran Linardi

TLYS

Team Leader Youth Services – Vicki Cooper

MCDT

Manager City Design & Transport – Ben Harries

 

 

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

Council Priority          Organisational Sustainability

Future Direction         Good Governance

Theme                          Continuous improvement

Strategic Objective     Our Council monitors and evaluates all of its operations

The provision of this report is in line with the Council Priority 5 – Organisational Sustainability - Good Governance of Council’s Council Plan by ensuring Council monitors and evaluates all of its operations.

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.

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Desiato

 

The above Recommendation was adopted unchanged as part of an en bloc Resolution Moved by Cr Kelly, Seconded by Cr Desiato.   See Section 6 - Officers' Reports for further information on items adopted en bloc.

Carried

 


Ordinary Council Minutes                                                         Tuesday 19 September 2017

 

6.5.3    POST - ELECTION STATUTORY REVIEW OF COUNCIL DELEGATION TO STAFF

File No:                                  .

Attachments:                        1        Instrument of Delegation to Members of Council Staff   

Responsible Officer:           Director Partnerships & Engagement 

Author:                                  Governance Officer   

 

Report

EXECUTIVE Summary

This report reviews and proposes amendments to Council’s delegation made directly to Council staff in accordance with section 98(6) of the Local Government Act 1989 (‘the Act’) which requires that delegations be reviewed within 12 months of a general election, namely 22 October 2017.

Background

As a legal entity, Council can exercise its powers by resolution of the whole Council at a Council meeting or through members of Council staff acting on its behalf.

Effective functioning of Council would not be possible if all decisions of Council were made at Council meetings.  Delegating specific functions to staff members enables Council decisions to be made more speedily and ensures that Council meetings are not tied down by procedural and administrative matters.

It also enables Council to utilise the technical knowledge, training and experience of staff members to achieve the best possible outcome.  In practice, most of Council’s decision-making occurs through delegations.  Effective delegation also enables Council to focus more on strategic policy issues and less on day to day administrative or operational matters.

Where Council acts through others, this is formalised through written "instruments of delegation" and the Local Government Act 1989, as well as other legislation and makes express provision for the appointment of delegates to act on behalf of Council.  A decision of the delegate, once made, is for all legal purposes a decision of the Council.

There are two forms of delegation affected by this review –

·    delegations made directly to the Chief Executive Officer (CEO); and

·    delegations made directly to Council staff which is the subject of this report.

The delegation made to the CEO will be reviewed by Council at its meeting on 10 October 2017.

Proposal

Certain Acts and Regulations do not contain a specific power of sub-delegation and, in these instances, Council must delegate directly to members of Council staff. The Domestic Animals Act 1994, Environment Protection Act 1970, Food Act 1984, and sections of the Planning and Environment Act 1987 and Road Management Act 2004 fall within this category.

The Instrument of Delegation from Council to members of Council staff deals with Acts and Regulations that require a direct delegation to Officers.  This Instrument was reviewed by Council on 18 April 2017 when a new Instrument was adopted containing a number of amendments only relating to the Planning and Environment Act.  The other elements of that Instrument were not subject to review and this explains why this report has been prepared.

Several minor changes are proposed to the Planning and Environment Act delegations that were made by Council in April 2017.  The changes are summarised below:

·    Section 61(1) – reference to ‘procedural refusals’ were accidently omitted when the planning delegation was reviewed in April 2017. They were contained within the previous Instrument to allow, for example, refusals to be issued for matters that are prohibited or where a referral authority objects.  Due to this omission, those matters falling into that category would go onto a call-in list and unnecessarily take up Councillors time on a matter Councillors cannot change.  Council’s processes will be updated to ensure Councillors are informed of procedural refusals when advised of permits issued/refused under delegation. 

A further amendment is proposed to this section to allow the delegate to approve an application for tree removal that would otherwise be reported to Council in instances where Council has already specifically considered tree removal as part of a Development Plan or other strategic planning matter.

·    Section 69(2) – this amendment was also accidently omitted in the April review of the planning delegations.  The intention was for all extension of time approvals to be dealt with under delegation and for refusals to go through the normal ‘call in’ list process, however, the wording in the delegation did not reflect this process.  This amendment will make it clear that the delegate can refuse an extension of time request unless at least two Councillors call-in the application. This amendment should have been included in the April review of planning delegations.

·    Section 84 – Consequential amendments have been made to this section to reflect changes made to sections 61 and 69 above.

The revised Instrument will ensure that officers are delegated appropriate powers to carry out their duties and that those delegations are made to the lowest competent level in the organisation to streamline decision making processes while ensuring accountability.

In some instances, delegated powers have limitations and conditions which are recorded in the Instrument.  Council also has the option of putting in place policies and guidelines under which certain delegations are exercised.

It should be noted that delegations are to positions and not to individuals. This ensures that delegations do not become obsolete or ineffective in the event of a staff member leaving the organisation or being absent on leave. In these instances, their delegated powers are automatically transferred to staff acting in their position.

It should also be noted that a Councillor must not direct, or seek to direct, a member of Council staff in the exercise of a delegated power, or the performance of a delegated duty or function of the Council.  This is set out in section 76E(2) of the Local Government Act 1989.

Disclosure of Conflicts of Interest

The Local Government Act 1989 imposes obligations on Council delegates to act impartially, with integrity and to avoid real or apparent conflicts of interest.  A Council delegate is prohibited from exercising a Council power, duty or function if they have a conflict of interest in the matter and are required to disclose the type and nature of the interest to the CEO.

If the CEO has a conflict of interest in a matter delegated from Council, the CEO must not exercise the delegation and must report the matter to the Mayor as soon as possible and to Council at the next ordinary meeting of Council.

Consultation

Councillors were consulted on the Instrument of Delegation at the Forum Meeting held on 1 August 2017.

Critical Dates

This instrument of delegation must be reviewed and adopted by Council within 12 months of General Council Elections, namely 22 October 2017.

Financial Implications

The cost of amending this instrument of delegation is included within relevant budgets.

Policy strategy and legislation

This review is carried out in accordance with section 98 of the Local Government Act 1989.

Links to the CoUNCIL Plan

COUNCIL PRIORITY           Organisational Sustainability

Future Direction                   Good governance

Theme                                   Continuous improvement

Strategic Objective              Our Council explores and adopts best practice models

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

It is recommended that the attached Instrument of Delegation be adopted by Council. The revised delegation will facilitate Council's decision making processes by ensuring that delegations are made down to the lowest competent level and will ensure that Council officers are delegated appropriate powers to carry out their duties.


 

RECOMMENDATION

THAT Council resolve to:

1.   Note that a review of the instrument of delegation made to Council staff has been carried out in accordance with section 98(6) of the Local Government Act 1989; and

2.   Delegate the powers, duties and functions set out in the attached Instrument of Delegation to Members of Council Staff.

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Desiato

 

The above Recommendation was adopted unchanged as part of an en bloc Resolution Moved by Cr Kelly, Seconded by Cr Desiato.   See Section 6 - Officers' Reports for further information on items adopted en bloc.

Carried

  

 


Ordinary Council Minutes                                                         Tuesday 19 September 2017

 

6.6       Executive Services

Nil Reports 


Ordinary Council Minutes                                                         Tuesday 19 September 2017

 

7.         Notices of Motion

7.1       NOTICE OF MOTION NO. 830 - NAMING OF ROAD IN THE MERNDA TOWN CENTRE

File No:                                   NOM 380

Author:                                  Cr Ricky Kirkham

Councillor Ricky Kirkham of North Ward has given notice that it is his intention to move the following Motion at the Ordinary Meeting of Council to be held on Tuesday 19 September 2017 at 6:30pm:

Preamble

The SMMRA are a group of community advocates who led the community campaign to extend the rail line to South Morang and Mernda.

The successful funding of both projects will result in significant intergenerational benefit to the City of Whittlesea community.

This proposal will celebrate our local history and recognise the important contribution of members in our community.

 

Cr Pavlidis left the Council Chamber at 8.36PM prior to the vote on Item 7.1 Notice of Motion No. 830 - Naming of Road in the Mernda Town Centre.

Cr Pavlidis returned to the Council Chamber at 8.45pm after the vote on Item 7.1 Notice of Motion No. 830 - Naming of Road in the Mernda Town Centre.

 

 

MOtion

THAT Council resolve to:

1.   Name the future main road on the western side of the Mernda Train Station ‘Alliance’ after the South Morang & Mernda Rail Alliance (SMMRA).

2.   At a suitable time, install a plaque in the Mernda Town Centre with the following inscription:

Alliance St/Rd/Dr

In recognition of the South Morang & Mernda Rail Alliance, who led a community campaign to secure government investment for both the South Morang & Mernda rail extensions.

The City of Whittlesea acknowledges their important contribution to our city’s history.

(Name of community members involved)

 

Council Resolution

Moved:                       Cr Kirkham

Seconded:               Cr Lalios

 

THAT Council resolve to adopt the Motion.

Carried unanimously

   

Division

Immediately after the motion was voted on, Cr Lalios called for a division which resulted in the following votes being recorded.

 

For

Cr Kozmevski

Cr Kirkham

Cr Alessi

Cr Kelly

Cr Lalios

Cr Monteleone

Cr Desiato

Against

Nil

Abstained

Based on the votes cast during the Division, the motion was Carried unanimously.

 


8.         Questions to Officers

 

8.1       Effectiveness of Line Marking in Mill Park Drive Mill Park

Cr Mary Lalios to the Director City Design & Transport:

Lyn from Mill Park Community House has asked the question of when the review of the effectiveness of line markings in Mill Park Drive Mill Park, will take place?

Director City Transport & Presentation:

As part of the Council resolution made on 15 March 2016, line marked parking bays were installed along the southern section of Mill Park Drive and adjacent courts and time based parking restrictions were installed for three parking bays, one adjacent to the Community House and two adjacent The Crossing (council reserve).

Officers  inspected the parking arrangements in the immediate vicinity of the Community House on Mill Park Drive on an occasional basis for the six month period after the line marking and parking restrictions were put in place in April 2016. 

Based on these inspections it was Officer’s assessment that the arrangements in place were effective in enabling access to the Community House (i.e. during our inspections there was parking available in the immediate vicinity of the centre), and that the expansion of the parking restrictions at this point in time was not warranted.

The enforcement history for parking in this vicinity since April 2016 has been assessed.  Five enforcement notices have been issued in the area that was the subject of the original petition, relating to parking outside of designated line marked bays or in no stopping areas. The low level of infringements issued supports officers on-site observations.

9.         Urgent Business

NIL 


10.       Reports from Delegates Appointed to Council by Other Bodies

10.1     Whittlesea Reconciliation Group

Cr Norm Kelly provided an overview of a recent meeting of the Whittlesea Reconciliation Group.

Council Resolution

Moved:                       Cr Pavlidis

Seconded:               Cr Lalios

 

THAT Council resolve to note the Delegate's report.

Carried

Councillor Alahna Desiato left the Council Chamber at 08:49 AM prior to the vote on Item 10.2 Whittlesea Multicultural Communities Council Report.

.

10.2     Whittlesea Multicultural Communities Council

Cr Kris Pavlidis provided an overview of a recent meeting of the Whittlesea Multicultural Communities Council.

Council Resolution

Moved:                       Cr Kozmevski

Seconded:               Cr Kelly

 

THAT Council resolve to note the Delegate's report.

Carried

Councillor Alahna Desiato returned to the Council Chamber at 08:50 AM following the vote on Item 10.2 Whittlesea Multicultural Communities Council Report.

.

10.3     Whittlesea YMCA

Cr Norm Kelly provided an overview of a recent meeting of the Whittlesea YMCA held on 11 September 2017.

Council Resolution

Moved:                       Cr Lalios

Seconded:               Cr Pavlidis

 

THAT Council resolve to note the Delegate's report.

Carried


11.       Questions to Councillors

 

Refer to Item 5.1.

The answers provided verbally by the Mayor at the meeting in response to questions asked by members of the public are preliminary answers provided on a without prejudice basis.  A formal written response to each question is sent following the Council meeting which contains Council official position on the matter.

 


Ordinary Council Minutes                                                         Tuesday 19 September 2017

 

12.       Confidential Business

12.1     Planning and Major Projects

12.1.1  LANDSCAPE ARCHITECTURAL AND CONSULTANCY SERVICES FOR THOMASTOWN STREETSCAPES CONTRACT 2017-14 - TENDER EVALUATION REPORT

12.2     Community Services

12.2.1  Sporting Clubs Outstanding Debtors

12.3     City Transport and Presentation

12.3.1  Supply and Delivery of Quarry Products - Contract No: 2014-124 - Contract Variation

12.3.2  Provision of Grading Services - Contract No: SR121301 - Variation

12.4     Corporate Services

12.4.1  Contract 2014-21 - Contract Extension

12.5     Partnerships & Engagement

12.5.1  Contract 2016-228 Online Procurement Tool for design, print, mail and associated services - Tender Evaluation

12.5.2  Independent membership of CEO Employment Matters Advisory Committee - Short term reappointment

12.6     Executive Services

12.6.1  MEETINGS OF THE CHIEF EXECUTIVE OFFICER 21 AUGUST to 8 SEPTEMBER 2017 

Council Resolution

Moved:                       Cr Desiato

Seconded:               Cr Monteleone

 

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

12.1.1  LANDSCAPE ARCHITECTURAL AND CONSULTANCY SERVICES FOR THOMASTOWN STREETSCAPES CONTRACT 2017-14 - TENDER EVALUATION REPORT

Confidential in accordance with Section 89(2)(d) of the Local Government Act 1989.

12.2.1  Sporting Clubs Outstanding Debtors

Confidential in accordance with Section 89(2)(h) of the Local Government Act 1989.

12.3.1  Supply and Delivery of Quarry Products - Contract No: 2014-124 - Contract Variation

Confidential in accordance with Section 89(2)(d) of the Local Government Act 1989.

12.3.2  Provision of Grading Services - Contract No: SR121301 - Variation

Confidential in accordance with Section 89(2)(d) of the Local Government Act 1989.

12.4.1  Contract 2014-21 - Contract Extension

Confidential in accordance with Section 89(2)(d) of the Local Government Act 1989.

12.5.1  Contract 2016-228 Online Procurement Tool for design, print, mail and associated services - Tender Evaluation

Confidential in accordance with Section 89(2)(d) of the Local Government Act 1989.

12.5.2  Independent membership of CEO Employment Matters Advisory Committee - Short term reappointment

Confidential in accordance with Section 89(2)(a),(f) of the Local Government Act 1989.

12.6.1  MEETINGS OF THE CHIEF EXECUTIVE OFFICER 21 AUGUST to 8 SEPTEMBER 2017

Confidential in accordance with Section 89(2)(h) of the Local Government Act 1989.

Carried

ACCORDINGLY, THE MEETING WAS CLOSED TO THE PUBLIC AT 9PM.

THE MEETING WAS RE-OPENED TO THE PUBLIC AT 9.54PM.

13.       Closure

THERE BEING NO FURTHER BUSINESS THE MAYOR DECLARED THE MEETING CLOSED AT 9.54PM.

 

CONFIRMED THIS 10TH DAY OF OCTOBER 2017.

 

 

CR RICKY KIRKHAM

MAYOR