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Agenda

 

OF Ordinary
COUNCIL MEETING

HELD ON

Tuesday 10 October 2017

AT 6.30PM

summons

 

You are advised that a Meeting of Council has been called by the Chief Executive Officer on Tuesday, 10 October 2017 in Council Chamber, 25 Ferres Boulevard, South Morang at 6.30PM for the transaction of the following business.

 

S OVERLAND

CHIEF EXECUTIVE OFFICER


Ordinary Council Agenda                                                              Tuesday 10 October 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 Agenda                                                              Tuesday 10 October 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 Agenda                                                             Tuesday 10 October 2017

 

 

ORDER OF BUSINESS

 

The Chief Executive Officer submits the following business:

1.            Opening.. 11

1.1         MEETING OPENING AND PRAYER.. 11

1.2         ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT.. 11

1.3         Present.. 11

2.            Apologies.. 11

3.            Declarations of Interest.. 11

4.            Confirmation of Minutes of Previous Meeting.. 11

5.            Questions to Councillors, Petitions and Joint Letters.. 11

5.1         questions to councillors.. 11

5.2         petitions.. 11

Nil Reports.. 11

5.3         Joint Letters.. 11

Nil Reports.. 11

6.            Officers' Reports.. 13

6.1         Planning and Major Projects.. 13

6.1.1       Whittlesea Planning Scheme Amendment C204 -  Plenty Valley Town Centre Structure Plan.. 13

6.1.2       160W & 180W Painted Hills Road, Doreen - Removal of Native Vegetation.. 39

6.1.3       35 Neilsen Crescent, Bundoora - Construction of two (2) dwellings.. 59

6.2         Community Services.. 75

Nil Reports.. 75

6.3         City Transport and Presentation.. 77

6.3.1       Darebin Creek Management Plan.. 77

6.3.2       Norris Bank Reserve Master Plan.. 81

6.4         Corporate Services.. 175

6.4.1       Unconfirmed Minutes of Audit & Risk Committee Meeting and Update of Audit & Risk Committee Charter.. 175

6.5         Partnerships & Engagement.. 193

6.5.1       POST - ELECTION STATUTORY REVIEW OF COUNCIL DELEGATIONS TO CHIEF EXECUTIVE OFFICER.. 193

6.5.2       Assemblies of Councillors Report - 10 October 2017. 205

6.5.3       Domestic Animal Management Plan 2017-21. 209

6.5.4       MAV State Meeting - City of Whittlesea Motions.. 251

6.5.5       Appointment of Councillor and Officer Representation on Organisation and Committees.. 259

6.6         Executive Services.. 263

Nil Reports.. 263

7.            Notices of Motion.. 265

Nil Reports.. 265

8.            Questions to Officers.. 265

9.            Urgent BusineSS.. 265

10.         Reports from Delegates Appointed BY Council TO Other Bodies.. 265

11.         Questions to CouncillorS will be considered at item 5.1. 265

12.         Confidential Business.. 267

12.1       Planning and Major Projects.. 267

12.1.1    PAINTED HILLS RECREATION RESERVE CONSTRUCTION OF CARPARK CONTRACT 2017-125 - TENDER EVALUATION REPORT. 267

12.2       Community Services.. 269

Nil Reports.. 269

12.3       City Transport and Presentation.. 271

12.3.1    Construction of Epping Skate Park Facility Enhancement Contract 2017-136 - Tender Evaluation.. 271

12.3.2    2017-102 - Provision of Grading Services - Evaluation.. 273

12.4       Corporate Services.. 275

Nil Reports.. 275

12.5       Partnerships & Engagement.. 277

12.5.1    Fire Hazard Removal Services 2017-77. 277

12.6       Executive Services.. 279

12.6.1    MEETINGS OF THE CHIEF EXECUTIVE OFFICER 11 SEPTEMBER to 29 September 2017. 279

12.6.2    CHIEF EXECUTIVE OFFICERS MATTERS ADVISORY COMMITTEE - REVIEW OF CEO KPI'S FOR 2016/17. 281

13.         Closure.. 283


Ordinary Council Agenda                                                              Tuesday 10 October 2017

 

 

Note:

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

 

 

Question Time:

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

 

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

 

 

Large Attachments:

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

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

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

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

 

 


Ordinary Council Agenda                                                              Tuesday 10 October 2017

 

1.         Opening

1.1       MEETING OPENING AND PRAYER

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

 

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

 

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

 

Amen

 

1.2       ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT

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

 

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

 

1.3       Present

2.         Apologies

3.         Declarations of Interest

4.         Confirmation of Minutes of Previous Meeting

Ordinary Meeting of Council held 19 September 2017.

5.         Questions to Councillors, Petitions and Joint Letters

5.1       questions to councillors

5.2       petitions

Nil Reports   

5.3       Joint Letters

Nil Reports   


Ordinary Council Agenda                                                              Tuesday 10 October 2017

 

6.         Officers' Reports

6.1       Planning and Major Projects

6.1.1    Whittlesea Planning Scheme Amendment C204 -  Plenty Valley Town Centre Structure Plan

File No:                                  193260

Attachments:                        1        Site Context Plan

2        Structure Plan- Development Framework Plan

3        Project Timeline

4        Amendment C204- Zoning Plan

5        Submission Summary Table   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Senior Strategic Planner   

 

Report

EXECUTIVE Summary

At the Council meeting held on 21 March 2017, Council resolved to note the updated Plenty Valley Town Centre Structure Plan (the Structure Plan) and to prepare and exhibit Amendment C204 which implements the Structure Plan into the Whittlesea Planning Scheme.

The Structure Plan is a key project being undertaken to implement the Council Plan and provide for a consistent approach to the development of the Plenty Valley Town Centre (the Town Plan) over the next 20 plus years. The plan aims to make the Town Centre a more vibrant, attractive and accessible place. It is the output of extensive background reporting and two stages of community consultation held in recent years.

Amendment C204 proposes changes to the Planning Scheme to enable the Structure Plan to become a statutory planning document and implemented in the Planning Scheme to guide the future development of the area.

Amendment C204 was publicly exhibited from 30 June 2017 to 7 August 2017. A total of nine submissions were received to the Amendment from landowners and government agencies. This report summarises the content of the submissions received and provides an officer response.

Given the complexity of some of the concerns raised by stakeholders, a number of the submissions could not be resolved at this stage. Therefore in accordance with standard practice, it is recommended that Council request that the Minister for Planning appoint an Independent Planning Panel to consider unresolved submissions made in relation to the proposed Amendment. Also, it is recommended that Council authorise officers to negotiate and resolve submissions where possible prior to the Panel Hearing to be held in December 2017, consistent with the strategic intent of the Structure Plan and the recommendations outlined in this report. 


 

INTRODUCTION

The Structure Plan applies to the Plenty Valley Town Centre and provides a framework for the development of the Town Centre over the next 20 plus years (refer to Attachment 1 and 2). The plan aims to make the Town Centre a more vibrant, attractive and accessible place and identifies a number of transformative projects to deliver upon the vision.

The plan is the product of extensive background reporting and consultation with the community over a number of stages (refer to Attachment 3).

A key aim of the Structure Plan and Amendment C204 is to consolidate the existing range of planning controls and documents applying to parts of the Town Centre into an overarching statutory framework to provide for a consistent vision and co-ordinated approach to development in the Town Centre.

Amendment C204 was publicly exhibited from 30 June 2017 to 7 August 2017. The content of the submissions received and officer responses are outlined in the Notification section of this report.

The purpose of this report is to discuss the outcomes of the public exhibition process for Amendment C204 and provides next steps.

PROPOSAL

Amendment C204 proposes changes to the Planning Scheme to enable the Structure Plan to become a statutory planning document to guide the future development of the area. In order to do this, the amendment proposes the Structure Plan become an Incorporated Document in the Whittlesea Planning Scheme.

The Amendment rezones land in the Town Centre to Activity Centre Zone (ACZ) and introduces a new schedule which outlines the land use and development controls for Town Centre (refer to Attachment 4 for Zoning Map. The proposed zoning recognises the different precincts outlined in the Structure Plan and provides for specific land uses and development guidance for each precinct.

The Amendment also introduces a Development Contributions Plan Overlay to collect contributions towards infrastructure required to support the Town Centre and a Parking Overlay to manage parking in the Town Centre.

The Amendment also seeks to remove the existing Development Plan Overlays (DPO) to ensure that there is no duplication of planning controls and deletes a number of other redundant planning controls including Schedule 7 to the Design and Development Overlay and Clause 22.15 (South Morang Major Activity Centre Policy).

Overall, the Amendment will provide for a consistent and co-ordinated vision for development, greater certainty and clarity for investment, and facilitate additional housing and employment opportunities in the Plenty Valley Town Centre.

NOTIFICATION AND CONSULTATION

Amendment C204 was placed on public exhibition between 30 June 2017 and 7 August 2017 to affected landowners, prescribed Ministers and relevant government authorities. Notices were sent extensively to residents in and surrounding the Town Centre. Notice of the Amendment was also placed in the Whittlesea Leader and Victorian Government Gazette.

Drop in information sessions were held for residents requiring further information and meetings with other stakeholders were undertaken upon request.

At the conclusion of the public exhibition period, nine submissions were received and are summarised in the table at Attachment 5 with accompanying officer responses and recommendations. Key precinct wide concerns have been grouped and discussed in the Key Issues Discussion section of this report.

Submissions which cannot be resolved must be referred to an independent Planning Panel, convened by the Minister for Planning. There are a number of submissions which have not been resolved and as such, this report recommends that the unresolved submissions be referred to an independent Planning Panel for consideration. Further, the report recommends that officers be authorised to continue discussions with submitters to resolve issues prior to the Planning Panel hearing, consistent with the strategic intent of the Structure Plan and the officer recommendations outlined in this report.

DISCUSSION OF KEY ISSUES

Below is a discussion of the key precinct wide issues which were raised in the submissions received and an officer recommendation. A summary of the submissions where the issues were raised in included at Attachment 5.

Incorporated Document versus Reference Document

Amendment C204, exhibited the Structure Plan as an Incorporated Document. Incorporated documents are planning documents which are required for the proper functioning of the planning scheme and decision-making. They carry the same legal weight as other parts of the scheme.

A submission requests the Structure Plan be deleted as an Incorporated Document as:

it has not been drawn as a piece of subordinate legislation or for use as a regulatory purpose and contains uncertain concepts sought to be applied as mandatory considerations assessing development applications.”

The submission proposes that the Structure Plan be a Reference Document. A Reference Document provides background information to assist in understanding the context in which the planning provision (ie. Schedule 2 to the ACZ) has been framed. It does not carry the same weight as other parts of the planning scheme.

‘Planning Practice Note 13: Incorporated and Reference Documents (PPN13)’ provides guidance in respect to when a document should be incorporated or be a reference document.

It is acknowledged that the Structure Plan contains a range of information in respect to the development of the Town Centre some of which is not related or essential to planning decisions (i.e. specific actions).

However, the Structure Plan contains important information which is needed to guide the exercise of discretion by the Responsible Authority when assessing development proposals.

In particular, for undeveloped parts of the Town Centre the Structure Plan provides a framework for the development of these precincts including the movement network, tree retention and public realm nodes.

The Structure Plan also contains illustrative concept plans prepared to guide development and identifies infrastructure items referred to in the Schedule to the Development Contributions Plan Overlay (DCPO).

It is recommended that additional clarity be provided in the Structure Plan document so as to clarify how it is to be interpreted for the purposes of decision making when assessing development proposals.

It is recommended that the manner which the information contained in the Structure Plan required for decision making is incorporated into the planning scheme be reviewed. In this respect, it is considered that incorporating all or part of the Structure Plan into the planning scheme is consistent with PPN13.

Officer Recommendation:

·    Review the manner which the information contained in the Structure Plan required for decision making is incorporated into the Planning Scheme.

·    Add an additional section into the Structure Plan to provide clarity as to how the document is to be interpreted for the purposes of decision making.

·    Refer the matter to independent Planning Panel.

Deletion of the Development Plan Overlay (DPO)

A key component of Amendment C204 is the deletion of the Development Plan Overlay (DPO) from land to which the Structure Plan applies.

Planning Practice Note 56: Activity Centre Zone (PPN56) provides guidance in respect to the application of the ACZ in town centres. PPN56 states:

“as much as possible, the ACZ should be used to remove the need for additional overlays to be applied at the centre…. Overlays that are generally appropriate to be incorporated into the ACZ include the Design and Development Overlay, Incorporated Plan Overlay and Development Plan Overlay.”

A key aim of the Structure Plan and Amendment C204 is to consolidate the existing range of planning controls and documents (such as Development Plans) applying to parts of the Town Centre into an overarching statutory framework to provide for a consistent vision and co-ordinated approach to development in the Town Centre.

The Amendment proposes that the DPO and associated Development Plans will be replaced by the schedule to ACZ and the Structure Plan as an incorporated document.

Two submissions were made in respect to this issue. Scentre Group requested that the DPO and the existing South Morang Development Plan be retained for their land. Environmental Resources Management Australia Pty Ltd submitted that some of the detailed content of the 360 McDonalds Road Development Plan should be retained.

The preparation of the Structure Plan drew on a range of resources including existing Development Plans with the aim to create a co-ordinated plan, consistent across the Town Centre. A further review of the South Morang Development Plan and 360 McDonalds Road Development Plan could occur to consider whether any further changes can be made consistent with the objectives of the Structure Plan, to improve the consistency between the existing Development Plans and Structure Plan.

The DPO is proposed to be removed as it duplicates and conflicts with the provisions of the draft Schedule 2 to the ACZ and the Structure Plan. The retention of an existing DPO would undermine the Structure Plan document and Schedule to the ACZ. It would create a duplication and conflict of planning controls that would defeat the purpose of preparing an overarching Structure Plan and statutory framework for the entire Town Centre.

It is recognised that for large development sites there may be a need to undertake more detailed planning to guide development and respond to the range of issues applying to complex development sites and proposals. These issues may include design principles and interface treatments, site coverage and density, tree retention and landscaping, movement networks and staging of development. It is important that such planning documents do not conflict with or directly compete with the provisions of the Structure Plan document and Schedule 2 to the ACZ. They must complement and sit below the Structure Plan in a hierarchy of planning documents.

Therefore, it is recommended that if further detailed planning guidance is required for large development sites that it be undertaken as a Master Plan document which is required to be prepared generally in accordance with Schedule 2 to the ACZ and the Structure Plan. A clause in Schedule 2 would outline the matters to which the Master Plan may provide guidance for.

This is a consistent approach to Schedule 1 of the ACZ which applies to the Epping Central Metropolitan Activity Centre. The Environmental Resources Management Australia Pty Ltd submission supports this approach.

It is considered that for this planning exercise that the sub-precincts in Precinct 3 (Central Shopping Precinct) should be realigned to consolidate the Scentre Group land holding into consolidated sub-precincts to provide consistency of controls and facilitate master planning.

Officer Recommendation:

·    Review the South Morang Development Plan to consider any further changes to the Structure Plan consistent with the objectives of the Structure Plan, to provide greater consistency between the existing Development Plan and Structure Plan.

·    Include a clause in Schedule 2 to the ACZ to enable a master plan to be prepared for development precincts which implements and is generally in accordance with Schedule 2 to the ACZ and the Structure Plan.

·    Amend the decision guidelines in Schedule 2 to the ACZ to have regard for any master plan prepared and approved in accordance with the schedule.

·    Amend the sub-precincts in Precinct 3 to consolidate Scentre Group land holding into the same sub-precinct.

·    Refer the matter to independent Planning Panel.

Application of the Development Contributions Plan Overlay

The application of the Development Contributions Plan Overlay (DCPO) is critical to ensure that future developments make a contribution to the infrastructure items identified in the Structure Plan. These items are necessary to support the development of the Town Centre.

The State Government is in the process of reforming and implementing a new Infrastructure Contributions system across development settings including greenfield growth areas and strategic development areas such as the Plenty Valley Town Centre. Whilst, this matter has been resolved for greenfield areas, the criteria and levy for strategic development areas is yet to be defined through a Ministerial Direction for strategic development areas.

Amendment C204 exhibited the Structure Plan which includes a section on Infrastructure Contributions Plan (ICP) which identifies infrastructure items which could be subject to a future ICP. The section has been drafted consistent with the recommendations of the Standard Development Contributions Advisory Committee Report 2: Setting the Levies. The section provides the framework to implement an ICP once the Ministerial Direction for strategic development areas is finalised.

In the meantime, whilst the levies for strategic development areas are being finalised, it is considered appropriate to apply the DCPO to enable development to proceed and ensure a contribution is collected towards infrastructure items identified in the Structure Plan. The DCPO would ultimately be replaced with an Infrastructure Contributions Plan Overlay (ICPO) upon the issue of a Ministerial Direction for strategic development areas and the approval of a subsequent planning scheme amendment to incorporate the Infrastructure Contributions Plan (ICP). This approach has been adopted in the interim in other similar Amendments.

It is recommended that no change be made to the Amendment and that this issue be referred to an independent Planning Panel.

Officer Recommendation:

·    No change recommended to the proposed Amendment.

·    Refer the matter to independent Planning Panel.

Route 86 Tram Extension

The extension of the Route 86 tram route is identified in the Structure Plan as a ‘transformative project’. Transport for Victoria submitted that any potential future extension would be subject to a future business case assessment and successful funding bid and therefore the extension should be noted as ‘potential’ in the Structure Plan. Given, the extension has not been committed to, or funded, this requested change is considered acceptable.

The Structure Plan identifies a preferred route for the tram along Plenty Road, Bush Boulevard, McDonalds Road and Ferres Boulevard.

The Structure Plan also identifies an alternative route north of McDonalds Road along Civic Drive. A submission from Friends of South Morang outlined an objection to the inclusion of the alternative route. It is accepted that this route can be removed from the plan to avoid confusion. However, the route will be subject to future feasibility studies where a number of route options will be explored and it is recommended that options which provide for a transport interchange with the South Morang Train Station and maximise residential catchments should be explored.

Transport for Victoria also requested that the image in Figure 14 be updated. It is proposed that the image be amended to show a train reflecting the existing public transport connections in the Town Centre.

Officer Recommendation:

·    Update the Structure Plan to delete the alternative tram route from the figures and to note that the route will be investigated in more detail as part of future feasibility studies.

·    Update the Structure Plan to note the tram extension as being ‘potential’ and subject to feasibility studies.

·    Update the image in Figure 14.

Built form and development controls

The built form controls in Schedule 2 to the ACZ and the Structure Plan have been developed through a comprehensive process as part of preparing the Structure Plan. The Structure Plan has been prepared in accordance with the process outlined in PPN58: Structure Planning for Activity Centres and Built Form Controls developed and implemented in accordance with PPN60: Height and Setback Controls for Activity Centres.

A submission raised concern with the level of detail proposed to apply in respect to built form controls and suggested that the controls have not been strategically justified.

The built form controls have been derived from a built form, character and future land use needs analysis undertaken as part of the Background Report and a detailed built form analysis presented in the draft Structure Plan. The background review considered existing built form and planning controls (such as existing Development Plans). The exhibited Structure Plan and ACZ schedule simplify these controls in accordance with the ACZ template provided for in Ministerial Direction No. 1 Form and Content of Planning Schemes. The controls are important for ensuring high quality built form outcomes in the Town Centre including the activation of streets and creation of a high quality public realm. It is considered that the proposed controls are well supported by strategic justification.

Nevertheless, it is considered appropriate to review the manner in which the built form controls have been drafted in the amendment documentation to ensure they are legible, clearly able to be interpreted and applied and achieve the outcome intended by the Structure Plan. In particular, there is an opportunity to simplify the application of concepts such as key corner buildings, key marker buildings, gateways, landscaping buffer and setbacks.

Officer Recommendation:

·    Review the drafting of built form controls to ensure they are legible, clearly able to be interpreted and applied and achieve the outcome intended by the Structure Plan.

·    Refer the matter to independent Planning Panel.


 

Civic Drive Extension and Local Street Connections

The extension of Civic Drive and connections to local streets are considered vital for a permeable and connected street network and have been foreshadowed since the earliest planning of the Mill Park North and Activity Centre area. They were included in the South Morang Activity Centre Overall Development Plan, 1998 and other more recent documents including the South Morang Development Plan, 2009.

The connections of Peyton Drive and Stillman Drive to the Town Centre will provide for improved pedestrian and vehicle connectivity for local residents. As part of earlier consultation a number of residents raised concerns in respect to traffic and safety impacts. In response a number of changes were made which were reflected in the exhibited version of the Structure Plan.

Given this issue, an extensive area of residential properties south of the Structure Plan area were notified of the Amendment including those who raised the issue in the earlier consultation process. No submissions were received from residents although the issue was raised by the Friends of South Morang (FOSM) in their submission.

As part of the detailed planning of future development and the Civic Drive extension, further analysis of the traffic impacts of development on local streets will need to be undertaken and the streets and intersections designed accordingly. It is considered that this provides an appropriate balance between protecting the amenity of residents and access to and around the Town Centre.

It is recommended that no change be made to the Amendment and that this issue be referred to an independent Planning Panel.

Officer Recommendation:

·    No change recommended to the proposed Amendment.

·    Refer the matter to independent Planning Panel.

NEXT STEPS

In accordance with the Planning and Environment Act 1987, Council must consider the submissions received and either change the Amendment in the manner requested, refer the submission to an independent Planning Panel or abandon the Amendment.

It is recommended that Council resolve to request the Minister for Planning to appoint an independent Planning Panel to consider the unresolved submissions. Where changes have been recommended by Council officers, these can be dealt with as part of any Council submission to the Planning Panel.

During the Panel hearing and the period in the lead up to the hearing, Council Officers will continue to work with submitters to reach a resolution on outstanding issues generally in accordance with the officer recommendations outlined in the submission summary table. To this end, it is recommended that Council authorise officers to negotiate with submitters to resolve issues where possible to limit the matters to be considered at a panel hearing. 

Tentative dates for the panel hearing have been pre-set for December 2017.

Following the hearing, the Planning Panel will prepare a report with recommendations for the planning authority (Council) to consider as part of the adoption of the amendment.


 

CRITICAL DATES

Date

Key Milestone

2013

Commencement of Project

May-June 2014

Stage 1 Consultation

August 2015

Background Report finalised

February 2016

Draft Structure Plan endorsed for consultation

March-April 2016

Stage 2 Consultation

February 2017 

Council resolve to note updated Structure Plan and commence Amendment C204

June-August 2017

Exhibition of Amendment C204

October 2017

Council meeting to consider submissions

December 2017

Independent Panel Hearing

Policy strategy and legislation

The Amendment implements the following Council policies and strategies:

·    Council Plan - Shaping Our Future

·    Social and Affordable Housing Policy and Strategy

·    Environmental Sustainability Strategy

·    Open Space Strategy.

 

The Amendment also implements State and Local planning policies and strategies in respect to Activity Centre planning and the development of the Plenty Valley Town Centre (South Morang Activity Centre). In particular, the Amendment implements the objective to:

To establish Plenty Valley Town Centre as a higher order centre servicing the existing and future population growth in the southeastern half of the City.

The amendment is consistent with Plan Melbourne 2017-2050. Plenty Valley is identified as an activity centre (South Morang) in this plan. The implementation of the Plenty Valley Town Centre Structure Plan supports a number of policies identified in Plan Melbourne 2017-2050 including:

·        Policy 1.2.1 Support the development of a network of activity centres linked by transport

·        Policy 1.2.2 Facilitate investment in Melbourne’s outer areas to increase local access to employment

·        Policy 2.1.2 Facilitate an increased percentage of new housing in established areas to create a city of 20-minute neighbourhoods close to existing services, jobs and public transport

·        Policy 2.5.2 Provide a range of housing types in growth areas

·        Policy 3.2.1 Improve roads in growth areas and outer suburbs

·        Policy 3.2.2 Improve outer-suburban public transport

·        Policy 3.3.1 Create pedestrian-friendly neighbourhoods

·        Policy 3.3.2 Create a network of cycling links for local trips

·        Policy 4.3.1 Promote urban design excellence in every aspect of the built environment

·        Policy 5.1.1 Create mixed-use neighbourhoods at varying densities

·        Policy 5.1.2 Support a network of vibrant neighbourhood activity centres

 

The amendment is supportive of State and Local policies and strategies in respect to Activity Centre planning and the development of the Plenty Valley Town Centre (South Morang Activity Centre).

The amendment has been prepared in accordance with State Government requirements for activity centre planning. The planning scheme controls have been prepared in accordance with the State Government Planning Practice notes which are designed to provide ongoing advice about planning schemes, as well as a range of planning processes and topics.

In particular, the Structure Plan and amendment is consistent with the requirements of:

·        PPN5: The Parking Overlay

·        PPN56: Activity Centre Zone

·        PPN58: Structure Planning for Activity Centre Zone

·        PPN60: Height and Setback Controls for Activity Centres.

 

Links to the CoUNCIL Plan

FUTURE DIRECTION          Planning and Infrastructure

Theme                                   Places and spaces to connect people

Strategic Objective              Planning our space

 

The Structure Plan and Amendment C204 provides a strategic plan consistent with the objectives of the Council Plan to guide the development of the Town Centre over the next 20 years. The plan aims to improve the design and amenity of the Town Centre and provide the infrastructure required to support it. Features such as River Red Gums, viewlines to Quarry Hills, open space areas and civic spaces are incorporated into the plan to build the connection to place and community. The plan focuses on using good urban design to improve the public realm and to create places where people want to live, work and visit.

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

Amendment C204 to the Whittlesea Planning Scheme has been prepared to incorporate and

implement the land use and built form strategies within the Plenty Valley Structure Plan area.

Amendment C204 was publicly exhibited from 30 June 2017 to 7 August 2017. A total of nine submissions were received to the Amendment. A number of the submissions could not be resolved in respect to issues including:

·    Whether the Structure Plan document is an Incorporated Document or a Reference Document.

·    Deletion of the Development Plan Overlay on land owned by Scentre Group.

·    Land uses controls in sub-precinct 4b and Precinct 5.

·    Built form controls in sub-precinct 4b and Precinct 5.

·    Application of the Development Contributions Plan Overlay (DCPO).

It is recommended that Council request that the Minister for Planning appoint an Independent Planning Panel to consider unresolved submissions made in relation to the proposed Amendment. It is anticipated that the Panel Hearing will occur in December and the panel report released in the early 2018.

Specifically it is recommended that Council resolve to:

·    Request the Minister for Planning appoint an independent Planning Panel to consider unresolved submissions made in relation to proposed Amendment C204 to the Whittlesea Planning Scheme.

·    Authorise officers to continue discussions to seek resolution of unresolved submissions prior to an independent Panel Hearing, consistent with the strategic intent of the Structure Plan and officer recommendations contained in the body of this report and Attachment 5.

·    Make changes to the Amendment documentation to reflect the specific officer recommendations contained in the body of this report and Attachment 5 and present the amended Amendment documentation as the preferred form of the Amendment to the purposes of the Panel hearing.

·    Advise relevant landowners, submitters, and external agencies of Council resolutions.

RECOMMENDATION

THAT Council resolve to:

1.       Request the Minister for Planning appoint an independent Planning Panel to consider unresolved submissions made in relation to proposed Amendment C204 to the Whittlesea Planning Scheme.

2.       Authorise officers to continue discussions to seek resolution of unresolved submissions prior to an independent Panel Hearing, consistent with the strategic intent of the Structure Plan and officer recommendations contained in the body of this report and Attachment 5.

3.       Make changes to the Amendment documentation to reflect the specific officer recommendations contained in the body of this report and Attachment 5 and present the amended Amendment documentation as the preferred form of the Amendment to the purposes of the Panel hearing.

4.       Advise relevant landowners, submitters, and external agencies of resolutions above.

 

 

 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                           Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                           Tuesday 10 October 2017

 


 


 


 


 


 


 


Ordinary Council Agenda                                                              Tuesday 10 October 2017

 

6.1.2    160W & 180W Painted Hills Road, Doreen - Removal of Native Vegetation

File No:                                  716610

Attachments:                        1        Locality Maps

2        Vegetation Removal and Retention Plan

3        Photographs   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Principal Planner   

 

APPLICANT:                         City of Whittlesea

COUNCIL POLICY:              22.10     River Redgum Protection Policy

 

ZONING:                               General Residential Zone

 

OVERLAY:                            Development Plan Overlay (DPO5)

                                               Development Contributions Plan Overlay (DCPO5)

Vegetation Protection Overlay (VPO1)

Incorporated Plan Overlay (IPO1)

REFERRAL:                          Department of Environment, Land, Water and Planning

OBJECTIONS:                      Nil

RECOMMENDATION:         That Council approve the application

Report

EXECUTIVE Summary

The application seeks approval to remove nine River Red Gums and remove three small highly modified patches of remnant native vegetation to facilitate the construction of soccer pitches and a multi-purpose pavilion at the Painted Hills Recreation Reserve at 160W and 180W Painted Hills Road, Doreen.  One dead red gum will be retained for its habitat value.

 

Although planning provisions strongly encourage the retention of indigenous River Red Gums, the removal of the vegetation is necessary to accommodate active open space facilities in accordance with the Mernda Strategy Plan, the Bond Property Development Plan and the Cookes Road Development Plan.

 

There were no objections received from nearby residents or the Department of Environment, Land, Water and Planning following referral and advertising of the application.

 

This report recommends that a planning permit be issued for the removal of the vegetation, some of which already has in principle support through approval of a Development Plan to facilitate the construction of important active open space facilities.  Conditions on any permit issued will require the provision of native vegetation offsets in accordance with the provisions of the ‘Biodiversity Assessment Guidelines (DEPI 2013) and Native Vegetation Gain Scoring Manual (DEPI 2013)’.

SITE AND SURROUNDING AREA

The subject site is located at 160W and 180W Painted Hills Road, Doreen and is known as the Painted Hills Recreation Reserve.  The two parcels of land subject to this application have a total area of 9ha.  The site forms part of a larger open space reserve, which includes the Laurimar Creek and its wetlands, a conservation reserve, the Laurimar Creek Reserve playground and a number of River Red Gums and other vegetation.  Development surrounding the site generally includes standard density residential dwellings.  The locality also includes a number of tree reserves and smaller passive open space reserves, as well as Hazel Glen College and Hazel Glen Child and Family Centre to the south of the site.

BACKGROUND

The Painted Hills Recreation Reserve project is currently being considered under Planning Permit Application 716310 and is being facilitated by Council’s Major Projects Department.  In accordance with the Mernda Strategy Plan, the Painted Hills Recreation Reserve will be utilised for active recreation with a proposal for two soccer pitches and associated multi-purpose pavilion at the intersection of Eminence Boulevard and Painted Hills Road (directly north of Hazel Glen College).  The key components of this proposal include:

 

§  Pavilion with Community Meeting Space

§  Soccer Pitch 1 (natural turf)

§  Soccer Pitch 2 (synthetic)

§  Supporting Infrastructure (sports field lighting, perimeter fencing, coaches boxes)

§  Car Parking ( and lighting)

The site is affected by two development plans - the Bond Property Development Plan and Cookes Road Development Plan. Both documents identify the subject site for active recreation. Further investigation of the site as part of the detailed master planning and planning permit process has identified two River Red Gum trees identified for retention within the Development Plans will adversely impact on the ability for this project to be implemented.

At its meeting of 30 May 2017, Council resolved to amend the Bond Property Development Plan and the Cookes Road Development Plan to nominate the two river red gums as suitable for removal to facilitate the intended use of the site.

restrictions and easements

The site is legally described as Lot 1 PS 711841M and Reserve 1 PS 620408J.  There are no restrictions on Title that preclude Council from determining this application.

Proposal

The applicant proposes to remove nine River Red Gums (Eucalyptus camaldulensis, including two mature trees marked as being suitable for removal within the Bond Property Development Plan and the Cookes Road Development Plan.  The other seven (7) trees proposed for removal are either dead or smaller recruited specimens / regrowth.

 


 

Details of the River Red Gums proposed for removal are outlined in the following table:

 

Tree No.

Species / Common Name

DBH (cm) Height (m)

Age

Health, Structure,  Condition

SLE (years)

 

Retention Value

 

Comment

1

Eucalyptus camaldulensis

River Red Gum

9.4cm

 

5m

Young

Poor, Poor, Poor

6-10 years

 

Low

Small recruited tree, psyllid and other insect infestation on foliage, overcrowded branching

2

Eucalyptus camaldulensis

River Red Gum

 

(Marked as suitable for removal in the Bonds Property Development Plan)

143.3cm

18m

Mature

Fair, Fair, Fair

21-50 years

 

High

Large tree, limb failures to 250mm diameter, numerous crossovers, epicormic development, branching to ground, lopsided development, extensive deadwood, some tip and minor dieback, psyllid and other insect infestation on foliage, several hollows, exposed roots, high habitat value, extensive localised recruitment

3

Eucalyptus camaldulensis

River Red Gum

 

(Marked as suitable for removal in the Bonds Property Development Plan and Cookes Road Development Plan)

191cm

20m

Over mature

Poor, Poor, Poor

1-5 years

 

High

Large tree, multiple large limb failures to 400mm diameter, extensive epicormic development, upright form due to major failures, overextended limbs, thinning and declining canopy, lopsided development, extensive deadwood and dieback, psyllid and other insect infestation on foliage, numerous burls, many large and significant hollows, extensive rabbit burrows around base and under tree, basal damage, exposed and damaged roots very high habitat value, limited localised recruitment, high likelihood of continued major failures

5

Eucalyptus camaldulensis

River Red Gum

84.6cm

3.5m

Dead

Poor, Poor, Poor

<1 year

 

High

Snag, top leaning west, good habitat value and hollow

6

Eucalyptus camaldulensis

River Red Gum

9.1cm

4m

 

Young

Poor, Poor, Poor

<1 year

 

Low

Small recruited tree, extensive psyllid and other insect infestation on foliage, co-dominant stems at 1.8m

7

Eucalyptus camaldulensis

River Red Gum

4.8cm

2.2m

Young

Fair, Fair, Fair

11-20 years

 

Moderate

Small recruited tree, minor psyllid and other insect infestation on foliage

8

Eucalyptus camaldulensis

River Red Gum

125cm

3.5m

Dead

Poor, Poor, Poor

<1 year

 

High

Snag, good habitat value and hollow, substantial lean to the east with limited holding wood on the top side, potential future failure

9

Eucalyptus camaldulensis

River Red Gum

3.9cm

2.3m

Young

Poor, Poor, Poor

6-10 years

 

Low

Small recruited tree, psyllid and other insect infestation on foliage, overcrowded branching

10

Eucalyptus camaldulensis

River Red Gum

5.2cm

2.5m

Young

Poor, Poor, Poor

6-10 years

 

Low

Small recruited tree, psyllid and other insect infestation on foliage, overcrowded branching

 

DBH – Diameter at breast height

SLE – Safe life expectancy

 

The applicant also proposes to remove three small highly modified patches of remnant native vegetation (Ecological Vegetation Class (EVC): Plains Grassy Woodland (EVC 55)) including Poongort Carex tereticaulis, Common Blown-grass Lachnagrostis filiformis and Windmill grass Chloris truncata,  The patches proposed for removal equate to 0.118 ha of vegetation.

Public Notification

Where a responsible authority is also the applicant for a planning permit, the Planning and Environment Act (1987) and Clause 67 of the Whittlesea Planning Scheme set out particular notice requirements.  In this regard, the application was required to be advertised to all adjoining property owners and occupiers.  No objections were received.

 

Council was also required to give notice of the application to the Department of Environment, Land, Water and Planning (DELWP).  DELWP have advised they have no objection to the proposed vegetation removal.

PLANNING ASSESSMENT

State Planning Policy Framework

 

Clause 12.01-1 - Protection of biodiversity

 

Clause 12.01 of the Whittlesea Planning Scheme relates to biodiversity and the protection of Victoria’s natural habitat. The objective of this clause is to assist the protection and conservation of biodiversity, including native vegetation retention and provision of habitats for native plants and animals and control of pest plants and animals.

 

Clause 12.01-2 - Native Vegetation Management

 

This clause seeks to achieve no net loss in the extent and quality of native vegetation. The strategy to achieve this is to apply the risk-based approach to managing native vegetation as set out in Permitted clearing of native vegetation – Biodiversity assessment guidelines (Department of Environment and Primary Industries, September 2013).

 

The proposal provides an appropriate balance between achieving the intended land use on site, whilst minimising vegetation removal and offsetting those to be removed.

 


 

Local Planning Policy Framework

 

Clause 22.10 - River Red Gum Protection Policy

 

Clause 22.10 of the Whittlesea Planning Scheme relates to Council’s River Red Gum Protection Policy. This policy applies to the protection of River Red Gums located in urban and rural areas. The objective of this policy is “to ensure that the development of urban and rural areas takes into account the presence, retention, enhancement and long term viability of Red Gums in urban areas.” The policy states that:

 

§  The intrinsic value of River Red Gums be recognised in establishing character and identity in urban and rural areas.

§  Urban development be designed to take into account the presence, retention and long term viability of River Red Gums.

§  Generally only those trees independently assessed as presenting a danger to people and property should be removed.

§  Where feasible, areas of significant River Red Gum regeneration be protected in any development proposal.

§  The awareness of developers and land owners to the significance, value and potential benefits of the trees be increased.

 

When assessed against the relevant decision guidelines of this policy, the proposed removal of the River Red Gum trees is considered satisfactory having regard to the future intended use of the land, feasibility of retention and tree conservation value.

 

Whilst River Red Gum trees contribute to the landscape character of the surrounding area, the trees are in fair to poor condition, and are located in an area required for the proposed soccer pitches and associated infrastructure in accordance with the Mernda Strategy Plan, the Bond Property Development Plan and the Cookes Road Development Plan.

 

Consequently, it is considered that the removal of nine River Red Gums is consistent with the overarching objectives and decision guidelines of this policy and appropriate offsets will be required as a condition of any permit issued.

 

Zone and Overlay Provisions

 

General Residential Zone

 

The subject site is located within the General Residential Zone.  Pursuant to Clause 32.08 of the Whittlesea Planning Scheme, a planning permit is not required to remove native vegetation from land within a General Residential Zone.

 

Vegetation Protection Overlay (Schedule 1 - River Red Gum Grassy Woodland)

 

The subject site is affected by the Vegetation Protection Overlay (VPO1)  Clause 42.02 of the Whittlesea Planning Scheme requires a planning permit for the removal, destruction and lopping of native vegetation on land affected by VPO1.  The applicant proposes to remove nine river red gums and 0.118 ha of native vegetation patches from the site, therefore a permit is required.

 

Incorporated Plan Overlay (Schedule 1 – Mernda Strategy Plan)

 

The subject site is affected by the Incorporated Plan Overlay (Schedule 1).  Pursuant to Clause 43.03-1 of the Whittlesea Planning Scheme, a permit granted must be generally in accordance with the incorporated plan.  The proposed vegetation removal is required to facilitate the construction of soccer pitches, sports pavilion and associated infrastructure as required by the Mernda Strategy Plan.  The proposed native vegetation removal is considered to be in accordance with the Mernda Strategy Plan.

 

Development Contributions Plan Overlay (Schedule 5 - Mernda Precinct 2A Development Contributions Plan)

 

The subject site is affected by the Development Contributions Plan Overlay (DCPO5).  Pursuant to Clause 45.06-1 of the Whittlesea Planning Scheme, a permit granted must be consistent with the provisions of the relevant development contributions plan.  No development contributions are payable in association with the proposed vegetation removal.

 

Development Plan Overlay (Schedule 5 – Mernda Development Plan)

 

The subject site is affected by the Development Plan Overlay (Schedule 5).  Pursuant to Clause 43.03-1 of the Whittlesea Planning Scheme, a permit must not be granted to use or subdivide land, construct a building or construct or carry out works until a development plan has been has been prepared to the satisfaction of the Responsible Authority.  The Bond Property Development Plan and the Cookes Road Development Plan are applicable to the subject site.  A permit granted must be generally in accordance with the incorporated plan, unless a schedule to this overlay specifies otherwise.  Tree No. 2 is marked as suitable for removal in the Bond Property Development Plan, while Tree No. 3 is marked as suitable for removal in both the Bond Property Development Plan and the Cookes Road Development Plan.  The other seven river red gums proposed for removal are either young regrowth or dead specimens and are not identified within the Bond Property Development Plan or Cookes Road Development Plan for removal, retention or otherwiseAccordingly, the proposed vegetation removal is considered to be generally in accordance with the Bond Property Development Plan and the Cookes Road Development Plan. 

 

Particular Provisions

 

Clause 52.17 – Native Vegetation

 

Pursuant to Clause 52.17 of the Whittlesea Planning Scheme, planning approval is required to remove, destroy or lop native vegetation, including dead vegetation, on land that together with all contiguous land in one ownership, has an area greater than 0.4 hectares. The application proposes to remove nine river red gums and 0.118ha of remnant vegetation patches, therefore a permit is required for the proposed removal of native vegetation.

REFERRALS

The application was referred externally to the Department of Environment, Land, Water and Planning (DELWP) who advised that they do not object to the removal of native vegetation from the site. 

PLANNING COMMENTS

Council acknowledges the importance of native vegetation, and in particular River Red Gum trees, as a visual and environmental feature within the municipality.  In this instance, the removal of nine River Red Gum trees from the land and a 0.118ha patch of remnant vegetation is considered acceptable.

 

The removal of the vegetation is required to facilitate the construction of soccer pitches, pavilion and associated infrastructure at the Painted Hills Recreation Reserve in accordance with the provisions of the Mernda Strategy Plan, the Bond Property Development Plan and the Cookes Road Development Plan.

 

The arboricultural and ecological assessments provided by the applicant confirm that the native vegetation earmarked for removal is of poor to fair health with most of low to moderate retention value. The removal of nine River Red Gum trees and 0.118ha of remnant vegetation patches is considered to provide a balanced outcome by facilitating development that accords with the relevant policies of the Whittlesea Planning Scheme, Mernda Strategy Plan, Bond Property Development Plan and the Cookes Road Development Plan

 

It is considered that the relevant policy objectives relating to Clauses 22.10 (River Red Gum Protection Policy), 42.02 (Vegetation Protection Policy Overlay Schedule 1), and 52.17 (Native Vegetation Removal) of the Whittlesea Planning Scheme have been appropriately addressed in the planning assessment.  Offsets in accordance with the provisions ‘Biodiversity Assessment Guidelines (DEPI 2013) and Native Vegetation Gain Scoring Manual (DEPI 2013)’ will be required as a condition on any permit that issues.

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 proposal has been assessed against the relevant policies and provisions of the Whittlesea Planning Scheme, specifically Clauses 22.10 (River Red Gum Protection Policy), 42.02 (Vegetation Protection Overlay Schedule 1), 43.04 (Development Plan Overlay Schedule 5) and 52.17 (Native Vegetation Removal).  The proposal shows a satisfactory level of compliance with the relevant planning policy guidance and requirements. Accordingly, it is recommended that the application be supported subject to appropriate conditions, including the provision of suitable vegetation offsets.

Recommendation

THAT Council resolve to approve Planning Application No. 716610 and issue a Permit for the removal of native vegetation on the site at 160W and 180W Painted Hills Road, Doreen in accordance with the endorsed plans and subject to the following conditions:

1.       In order to offset the removal of native vegetation approved as part of this permit, the permit holder must provide a native vegetation offset prior to the removal of the native vegetation.  The offset must be in accordance with the Permitted Clearing of Native Vegetation – Biodiversity Assessment Guidelines and the Native Vegetation Gain Scoring Manual.

 

The offset must:

§  contribute gain of 0.024 general biodiversity equivalence units;

§  be located within the Port Phillip and Westernport Catchment Management Authority boundary or City of Whittlesea municipal district; and

§  have a strategic biodiversity score of at least 0.080 (i.e. at least 80 per cent of the strategic biodiversity score of the native vegetation approved for removal). 

 

2.         Before any native vegetation is removed, evidence that an offset has been    secured must be provided to the satisfaction of the responsible authority. This             offset must meet the offset requirements set out in this permit and be in       accordance with the requirements of Permitted Clearing of Native Vegetation –          Biodiversity Assessment Guidelines and the Native Vegetation Gain Scoring             Manual.  Offset evidence can be either:

§  a security agreement, to the required standard, for the offset site or sites, including a

§  10 year offset management plan.

§  a credit register extract from the Native Vegetation Credit Register.

 

3.       No vegetation or tree shown for retention on the endorsed plans accompanying Planning Permit No. 716610 are to be removed, lopped, pruned or destroyed without the further written consent and approval of the Responsible Authority. Unless otherwise agreed in writing by the Responsible Authority any request for such consent is to be accompanied by the report of a suitably qualified arborist to assist the Responsible Authority in determining whether to allow the removal, lopping, pruning or destruction of vegetation.

 

4.       The tree pruning allowed by this permit and as shown on the endorsed plans shall not be amended for any reason without the consent of the Responsible Authority.

 

5.       The vegetation nominated for removal must be suitably marked prior to the         commencement of any works and an inspection arranged with an appropriate      Council Officer to verify that the vegetation marked accords with this permit.

 

6.       Prior to the removal of any large old tree from the subject site, all trees to be removed must be inspected by a zoologist or a suitably qualified person to the satisfaction of the Responsible Authority to determine the presence of animals living or nesting in the trees. Should any animal be detected, reasonable steps must be taken to capture and relocate such animals as recommended by the zoologist.

 

7.       An arborist must supervise works which may impact upon trees marked for retention on the approved plan and must conduct an induction of all personnel involved in construction that may impact on tree protection zones.

 

8.       All vegetation removed must be processed (shredded and hammer milled) on site and stockpiled in a secure area (to the satisfaction of the Responsible Authority) for future reuse as mulch around other trees that are located within Council reserves.

 

9.       The contractor proposed to undertake the tree removal / pruning works must be suitably qualified and experienced and must hold appropriate insurances to the satisfaction of the Responsible Authority.

 

10.     Possum guards are to be provided to trees to be retained to the satisfaction of the Responsible Authority.

 

11.     Existing possum guards must remain intact at all times and if damaged, reinstated to the satisfaction of the Responsible Authority.

 

12.     Before any native vegetation is removed, tree protection zone fencing is to be erected around any trees for retention within vicinity of works associated with the tree removal.

 

 

 

13.     The tree protection zone fencing must not be removed or relocated at any time until completion of the works to the satisfaction of the Responsible Authority.

 

14.     The storing or disposing of chemicals or toxic materials must not be undertaken within 10 metres of any tree protection zone. Where the slope of the land suggests these materials may drain towards a tree protection zone, the storing or disposing of these materials is strictly forbidden.

 

15.     The following actions must not be undertaken in any tree protection zone as identified on the endorsed plan, to the satisfaction of the Responsible Authority:

 

a.       Storage of materials or equipment;

b.      Attachment of materials to trees (including temporary service wires, nails, screws or any other fixing device);

c.       Open cut trenching or excavation works (whether or not for laying of services);

d.      Changes to the soil grade level (including filling); and

e.       Parking of vehicles or machinery.

 

16.     The permit for native vegetation removal expires if it is not commenced and             completed with 2 years after the issue of the permit.

 

Before the permit expires or within six months afterwards, the owner or occupier of the land to which it applies may ask the Responsible Authority for an extension of time. The Responsible Authority may extend the time within which the use or development or any stage of it may be started or any stage of it is to be completed.

 

 


Ordinary Council Agenda                                                                           Tuesday 10 October 2017

 


 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                           Tuesday 10 October 2017

 


 


 


Ordinary Council Agenda                                                              Tuesday 10 October 2017

 

6.1.3    35 Neilsen Crescent, Bundoora - Construction of two (2) dwellings

File No:                                  716600

Attachments:                        1        Location Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer   

 

APPLICANT:                         Halton Design

COUNCIL POLICY:              Nil

ZONING:                               General Residential Zone

OVERLAY:                            Development Contributions Plan Overlay

REFERRAL:                          Nil

OBJECTIONS:                      One

RECOMMENDATION:         Approval with conditions

Report

EXECUTIVE Summary

The applicant proposes to demolish the existing dwelling on site and construct two double storey dwellings on the subject land.  The existing crossing located on the northern side of the frontage will be retained, and an additional crossover is proposed along Neilsen Crescent to provide vehicular access to the dwellings.

Advertising of the proposal resulted in 1 objection being received.  The grounds of objection relate to neighbourhood character and overlooking concerns.

The proposal demonstrates a satisfactory level of compliance with the provisions of Clause 52.06 and Clause 55 of the Whittlesea Planning Scheme and meets all objectives in relation to neighbourhood character, overlooking and overlooking open space.

The Housing Diversity Strategy (HDS) nominates the site as being within the Suburban Residential change area.  The proposal complies with the Key Design Principles of this change area and is therefore considered to be consistent with the objectives of Clause 21.09-4 of the Whittlesea Planning Scheme.

On this basis, it is recommended that Council approve the application.

SITE AND SURROUNDING AREA

The subject site is located on the corner of Neilsen Crescent and Madison Court, Bundoora, approximately 250m south of Settlement Road, Bundoora (see Attachment 1).

 

The site is an irregular shaped allotment and provides frontages to both Neilsen Crescent and Madison Court of approximately 14m and 34m, respectively, and a depth of approximately 34.8m, providing an overall site area of 622m2. The site has a north-west to south-east fall of 4.5m. The site is currently developed with a detached single storey brick dwelling with a pitched tile roof and detached garage to the rear of the site. Vehicular access to the site is currently provided via a single concrete crossing located off the north western corner of the property. There is no vegetation of significance contained within the site.

 

The surrounding area is generally characterised by residential land uses with single storey dwellings on site being typical of the prevailing built form, as well as some examples of double storey built form to the west. There are some examples throughout the broader area of multi dwelling developments within the area.

 

The subject site is located in proximity to the following sites, services and infrastructure:

 

·    Holt Park (190m southwest)

·    Bundoora Park Public Golf Course (290m south)

·    Norris Bank Primary School (430m northeast)

·    Norris Bank Parklands (640m northeast)

restrictions and easements

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

Proposal

It is proposed to demolish the existing dwelling on site and construct two double storey dwellings on the subject land (see Attachment 2).

Dwelling No. 1 has street frontage to Neilsen Crescent and contains three bedrooms, a kitchen and meals area, a sitting room and amenities.

Dwelling No. 2 has street frontage to Madison Court and contains three bedrooms, a study, a kitchen and meals area, a sitting room and amenities.

Details of the proposed development are outlined in the following table:

 

 

Height/Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

1

Double Storey

Three

Ground Level:

7.6m front (east),

2m side (Madison Court),

1.3m side (south).

First Level:

8.2m front (east),

2.6m side (Madison Court),

2.5m side (south).

47.5m² (all secluded

private open space) +

front yard.

Two. Double garage

7.8m

2

Double Storey

Three

Ground Level:

3m front (north),

2.5m side (west),

1.3m side (south).

First Level:

3.8m front (north),

5m side (west),

4.9m side (south).

 

69.3m² (all secluded

private open space) +

front yard.

Two. Double garage

8.4m

Public Notification

Advertising of the application has resulted in 1 objection being received.  The grounds of objection can be summarised as follows:

1.       Detrimental impact on neighbourhood character

2.       Overlooking and privacy concerns

HOUSING DIVERSITY STRATEGY

The Housing Diversity Strategy (HDS) provides a strategic framework for future residential development in the established areas of the municipality for the next 20 years. It aims to guide the future location and diversity of housing stock and identifies areas of housing growth and change, including areas where future housing growth will not be supported.  In general, it aims to encourage higher residential densities and a diversity of housing types and sizes into areas within convenient walking distance to public transport and activity centres.

The HDS is now a reference document in the Whittlesea Planning Scheme and an assessment against it is provided under Standard B2 of the Clause 55 assessment.

ASSESSMENT AGAINST CLAUSE 55 OF THE WHITTLESEA PLANNING SCHEME

The following table provides details on whether the proposal complies with the requirements of Clause 55 of the Whittlesea Planning Scheme.  Under these provisions a development:

·    Must meet all of the objectives

·    Should meet all of the standards

If Council is satisfied that an application for an alternative design solution meets the objective, the alternative design solution may be considered.

 

√ - Compliance

X - Non compliance

Objectives

Standards

COMMENTS

B1

Neighbourhood
Character

P

P

Any development needs to incorporate a design that respects the existing neighbourhood character or contributes to a preferred neighbourhood character.

The site has been identified as a Suburban Residential Change Area within the Housing Diversity Strategy.  The housing capacity assessment process undertaken as part of the preparation of the HDS supports standard density housing in this area - such as detached housing and dual occupancies/duplexes.

This locality has the potential to accommodate similar densities of residential development in the future.  The proposal provides for a satisfactory response to the preferred density and design principles of this Change Area.

 

The existing character is largely defined by an ageing dwelling stock and demonstrates some forms of infill developments. This change will encourage standard density housing that maintains and enhances the amenity of the surrounding Suburban Residential change area. The proposed two dwelling development on a corner site is considered to achieve this objective.

There are some existing double storey dwellings with pitched roofs within nearby proximity to the site; however the area is currently developed more broadly by single storey built forms.

On balance, the proposal provides an appropriate response to the emerging and existing character of the area, reflective of the site’s context of a standard density area.

B2

Residential
Policy

P

P

The subject site is located within the Suburban Residential Change Area within the HDS.  This Change Area encourages a range of low to medium building heights that can be integrated within existing housing stock. Front setbacks are to allow for sufficient landscaping, including a canopy tree. Increased side and rear setbacks are encouraged to allow for appropriate landscaping and building separation. The site coverage objectives of the policy seek to achieve increased landscape opportunities.

 

The proposed development has been assessed to be consistent with the key design principles outlined in the HDS. The indicative landscape areas shown on the plans submitted allow for sufficient space to accommodate adequately sized canopy trees within the front setbacks and the secluded private open space area of both of the proposed dwellings. The proposal shows a high level of compliance with the Suburban Residential change areas as identified in the HDS.

B3

Dwelling
Diversity

N/A

N/A

Only applicable to developments of ten or more dwellings

B4

Infrastructure

P

P

 

B5

Integration with
the street

P

P

 

B6

Street setback

P

P

Front setback 7.6m

Side setback 3m

B7

Building height

P

P

Maximum height is 8.4m

B8

Site coverage

P

P

42.85%

B9

Permeability

P

P

45.9%

B10

Energy
efficiency

P

P

 

B11

Open space

N/A

N/A

Only applicable if public or communal open space is to be provided on site or adjacent to the development.

B12

Safety

P

P

 

B13

Landscaping

P

P

 

B14

Access

P

P

 

B15

Parking location

P

P

 

B17

Side and rear
setbacks

P

P

 

B18

Walls on
boundaries

P

P

 

B19

Daylight to
existing
windows

P

P

 

B20

North-facing
windows

P

P

 

B21

Overshadowing
open space

P

P

 

B22

Overlooking

P

P

 

B23

Internal views

P

P

 

B24

Noise impacts

P

P

 

B25

Accessibility

P

P

 

B26

Dwelling entry

P

P

 

B27

Daylight to new
windows

P

P

 

B28

Private open
space

P

P

 

B29

Solar access to
open space

P

P

 

B30

Storage

P

P

 

B31

Design detail

P

P

 

B32

Front fences

P

P

0.9m maximum front fence height.

B33

Common
property

P

P

 

B34

Site services

P

P

 

CAR PARKING 

Clause 52.06 of the Whittlesea Planning Scheme prescribes the rate and design standards for car parking spaces required on site.  Pursuant to this clause the following car spaces are required:

Dwelling No.

No. of bedrooms

Car spaces required

Car spaces provided

Complies

1

3

2

2

Yes

2

3

2

2

Yes

Garages should be at least 6.0m long and 3.5m wide for a single space and 5.5m wide for a double space (measured inside the garage or carport).  An open car space should be at least 4.9m long and 2.6m wide.  The proposal complies with these requirements. 

 

In addition, the driveways to each of the proposed dwellings have been setback a minimum of 4.9m therefore allowing additional tandem car parking spaces.

DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY (SCHEDULE 3)

The site is affected by the Development Contributions Plan Overlay.  Pursuant to Clause 45.06 of the Whittlesea Planning Scheme, the Development Contributions Plan Overlay enables the levying of contributions for the provision of works, services and facilities prior to development commencing.  Schedule 3 to the overlay requires development contributions for drainage infrastructure for medium density residential development at a rate of $1.90 per square metre of the total site area.  This rate is subject to the Consumer Price Index at the time of payment.  This requirement must be included as a condition on any planning permit that is issued.

Comments on Grounds of Objection

1.       Detrimental impact on neighbourhood character

 

The shape, siting, form, and scale of the dwellings are considered to be site responsive as the site is on a corner and each dwelling will have its own street frontage with canopy planting within the front setback. Whilst both of the proposed dwellings are double storey in form, there is evidence of this typology of building within proximity. Further to that, the proposal is consistent with the Housing Diversity Strategy which seeks to maintain a standard density of dwellings with dual occupancies being a preferred housing type. Therefore, the overall proposal is considered to be consistent with the existing and preferred character of the area and will not have a detrimental impact on this character. 

 

2.       Overlooking in to private open space areas

The use of ‘hi-lite’ windows and fixed obscure glazing to habitable room windows at first floor level will ensure that there will be no overlooking into neighbouring properties in accordance with Standard B22.

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 Whittlesea Planning Scheme and in particular the objectives and standards of Clause 55 (ResCode).  The proposal is deemed to show a satisfactorily level of compliance subject to minor modifications as outlined.  It is considered that the proposal will not have a detrimental impact on the character of the neighbourhood nor on existing surrounding residential properties and accordingly approval of the application is recommended.

Recommendation

THAT Council resolve to approve Planning Application No. 716600 and issue a Notice of Decision to Grant a Permit for the Construction of two dwellings at 35 Neilsen Crescent, Bundoora in accordance with the endorsed plans and subject to the following conditions:

1.       Prior to the endorsement of the plans required under Condition 2 of this permit, the permit holder must pay to Council a contribution for drainage pursuant to Clause 45.06 of the Whittlesea Planning Scheme.  The drainage contribution will be subject to the Consumer Price Index (CPI) applicable at the time of payment.

 

2.       Before the development 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 25 June 2017 and prepared by Halton Design but modified to show:

a)      South facing internal elevation plans for Dwelling 1.

b)      North facing internal elevations for Dwelling 2.

c)      Bin storage location for each dwelling.

 

3.       Concurrent with the endorsement of plans under Condition 2 and before the development 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; and

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

 

4.       The 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.

 

5.       Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

 

 

 

6.       Prior to the occupation of the dwellings hereby approved, landscaping works shown on the endorsed plan must be completed and then maintained to the satisfaction of the Responsible Authority.

 

7.       Prior to the occupation of the dwellings hereby approved, the car parking areas and access ways must be drained, fully sealed and constructed with asphalt, interlocking paving bricks, coloured concrete or other similar materials to the satisfaction of the Responsible Authority.

 

8.       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.

 

9.       Vehicular access to the site must be by way 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.

 

10.     Before starting any buildings or works, 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.

 

11.     Prior to the occupation of the dwellings hereby approved, 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.

 

12.     Prior to the occupation of the dwellings hereby approved, reticulated (water, sewerage, gas and electricity) services must be constructed and available to the satisfaction of the Responsible Authority.

 

13.     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.

 

14.     Prior to occupation of any dwelling on the subject site, a letter box and house number to the satisfaction of the Responsible Authority shall be provided for each dwelling.

 

15.     At all times during the construction phase of the development, the permit holder shall take measures to ensure that pedestrians are able to use with safety any footpath along the boundaries of the site.

 

16.     Upon completion of all buildings and works authorised by this permit the permit holder must notify the Responsible Authority of the satisfactory completion of the development and compliance with all relevant conditions.

 

17.     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.

 

18.     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.

 

Permit Expiry

 

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

 

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. 

The responsible authority may extend the periods referred to above if a request is made in writing.  This request must be made before or within 6 months after the permit expiry date where the development has not yet started and within 12 months after the permit expiry date where the development allowed by the permit has lawfully started before the permit expires.

NOTES

Advanced Trees

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

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

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

Easements

No structure may be built over an easement on the subject site without the consent of the relevant Responsible Authority.

 

 

Property Numbering

Please note that property addresses and numbering is allocated by Council.  This is usually formalised at the time of the subdivision, however it is Council’s intention to number the proposed allotments/apartments/dwellings as follows:

 

            Dwelling 1                  35 Neilsen Crescent, Bundoora

            Dwelling 2                  1 Madison Court, Bundoora

           

Please check with Council’s Subdivision Department to verify all street numberings.

 

 


Ordinary Council Agenda                                                                           Tuesday 10 October 2017

 


 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 

 


Ordinary Council Agenda                                                              Tuesday 10 October 2017

 

6.2       Community Services

Nil Reports


Ordinary Council Agenda                                                              Tuesday 10 October 2017

 

6.3       City Transport and Presentation

6.3.1    Darebin Creek Management Plan

File No:                                  SU 187818

Attachments:                        1        Darebin Creek Management Plan (distributed separately)   

Responsible Officer:           Director City Transport & Presentation

Author:                                  Manager Parks & Open Space   

 

Report

EXECUTIVE Summary

The Darebin Creek Management Committee has prepared and approved a new Management Plan for Darebin Creek.  This plan has a whole of Catchment focus and aims to protect and improve the environmental, recreational and cultural heritage values of the Darebin Creek and its surrounds.  The Management Plan is consistent with the City of Whittlesea Strategies. It is recommended Council resolve to endorse the Darebin Creek Management Plan.

Background

The Darebin Creek is one of the major waterways which runs through the City of Whittlesea.  It’s headwaters are located in Woodstock and it flows through the suburbs of Epping, Lalor and Thomastown before leaving the City of Whittlesea municipal boundary.  The Darebin Creek corridor provides an important linear parkland for residents of the City of Whittlesea.

The purpose of the Darebin Creek Management Committee (DCMC) is to oversee and implement a coordinated approach to the planning, development and management of the Darebin Creek Corridor. The Darebin Creek Management Committee is also responsible for the maintenance of the Darebin Creek Parklands in the Alphington area.  These parklands are owned by the Cities of Banyule and Darebin but managed under agreement by the Committee.

The City of Whittlesea is a member organisation of the Darebin Creek Management Committee.  The members of the DCMC include: the Councils of Yarra, Darebin, Banyule and Whittlesea, La Trobe University, Friends of Darebin Creek and Darebin Creek Parklands Association.

Proposal

The Darebin Creek Management Plan has been created to assist with the long term protection, preservation and environmentally sensitive development of the Darebin Creek Corridor from Wollert at the northern headwaters to its confluence with the Yarra River in Alphington.  Refer to attachment 1.

The Management Plan outlines the management responsibilities for the different agencies and land owners along the Darebin Creek, including the City of Whittlesea.

The Plan identifies the adjoining land use and landscape character, recreation and community use, and environmental and cultural heritage values of the overall creek corridor and identifies issues and recommendations for each.  For each recommendation a responsibility for action and priority are allocated.

In relation to future urban development, the Plan recommends that the City of Whittlesea continue to require improved interface treatment between development and the waterway, including adequate setbacks.  This is consistent with the directions in the City of Whittlesea Open Space Strategy (2016). 

The Plan recommends that the City Of Whittlesea and the Victoria Planning Authority review the adequacy of existing planning mechanisms to achieve protection of the existing values along the waterway corridor.  This exercise is undertaken as part of the development and implementation of Precinct Structure Plans but a review of planning mechanisms in established areas along the creek is required.

Investigating options to create continuous open space and pathway links along both sides of the creek corridor within the City Of Whittlesea is recommended.  A recommendation of developing major destination points in reserves along the trail is included in the Plan.  Within the City Of Whittlesea, Sycamore and WA Smith Reserves, Norris Bank Reserve and a new area in the growth corridor along Findon Creek is recommended as major destination points. 

The Plan divides the creek corridor into six management reaches, starting with reach one in the upper reaches of the creek catchment.  Reaches one to three are located within the City of Whittlesea.

For each reach, the Management Plan identifies the specific adjoining land use and landscape character, recreation and community use, and environmental and cultural heritage values. Issues are then identified and recommendations are made for each.

Consultation

The Management Plan has been developed by the Darebin Creek Coordinator and a consultant in consultation with officers from all member Councils and the Darebin Creek Management Committee members.

As part of the preparation of the Management Plan, a survey was delivered to local residents along the creek corridor. Ninety-seven surveys were completed and returned.  The information obtained via the surveys is summarised in Appendix A of the Management Plan and informed the preparation of the Plan.

Critical Dates

There are no critical dates with this proposal.

Financial Implications

Council has a number of capital and operational programs along the Darebin Creek which are consistent with the Management Plan. The development of improved and additional facilities along the corridor in line with the Management Plan will be considered by Council as part of the formulation of future new works budgets.  As proposals are consistent with Council’s Open Space Strategy most recommendations are currently included in Council’s 15 year new works program as part of Council’s Strategic Resource Plan.  Funding require to implement other recommendations will be referred to future Council budgets as part of Council’s Strategic Resource Plan.

Council has invested a total of $2,785,000 in the development of a seven kilometre pathway along Darebin Creek as part of its new works program.  This includes landscaping and provision of directional and interpretative signage.

Policy strategy and legislation

The Darebin Creek Management Plan is consistent with Council’s Open Space Strategy (2016), Environmental Sustainability Strategy (2013) and Green Wedge Management Plan (2021).

 

Links to the CoUNCIL Plan

Council Priority                    Environmental Sustainability

Future Direction                   Living sustainably

Theme                                   Sustainable city

Strategic Objective              We reduce water use and improve the health of our waterways

 

The Darebin Creek Management Plan contains recommendations regarding stormwater and flood mitigation, amenity works and community development which are consistent with the above Council Plan Strategic Direction.

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 Darebin Creek Management Committee has prepared and approved a new Management Plan for Darebin Creek.  This plan has a whole of Catchment focus and aims to protect and improve the environmental, recreational and cultural heritage values of the Darebin Creek and its surrounds.  The Management Plan is consistent with the City of Whittlesea Strategies. It is recommended Council resolve to adopt the Darebin Creek Management Plan.

 

RECOMMENDATION

THAT Council resolve to:

1.       Endorse in principle the Darebin Creek Management Plan; and

2.       Write to the Darebin Creek Management Committee and inform them of this decision.

 

 


Ordinary Council Agenda                                                              Tuesday 10 October 2017

 

6.3.2    Norris Bank Reserve Master Plan

File No:                                  195281

Attachments:                        1        Norris Bank Reserve Consultation and Engagement Report 

2        Norris Bank Reserve Master Plan    

Responsible Officer:           Director City Transport & Presentation

Author:                                  Senior Landscape Architect   

 

Report

EXECUTIVE Summary

Norris Bank Reserve, Bundoora, is identified as a Major Community Park in the 2016 City of Whittlesea Open Space Strategy.  A Master Plan has been prepared for the future development of the reserve following an extensive community consultation process.  The purpose of this report is for Council to adopt the Norris Bank Reserve Master Plan.

Background

Norris Bank Reserve is located in the south eastern pocket of the City of Whittlesea in Bundoora and is designated as a Major Community Park in Council’s Open Space Strategy 2016.

The reserve is located within a 500m walking distance from the Bundoora Shops and is also the most popular open space within easy walking distance of residents and workers in this area as nominated in the Open Space Strategy Survey (2016). The 10.31ha reserve is mainly used for walking, attending the playground, dog walking, cycling, for fitness and enjoying the general peace and quiet of the public open space. 

The Norris Bank Reserve Master Plan project was undertaken as part of the implementation of Council’s Open Space Strategy.  The Master Plan reviews the existing conditions and functions of the public open space to ensure the future growth and development of the reserve meets the needs and expectations of the community.

Norris Bank Reserve hosts the Norris Bank Tennis Club which consist of 6 courts and pavilion, a full size basketball court, rebound wall, skate ramp, walking paths, bike paths (Main Yarra Trail / Darebin Creek Trail), open grass areas, a playground, picnic facilities including BBQs and shelter, public toilets, bocce court and the McLeans Road Kindergarten.

In 1998 a master plan was prepared for the site which led to the construction of ancillary recreation facilities such as a basketball court and additional shared paths.  Since then, the park has not been further developed nor had an overarching plan or strategy to provide direction.  The purpose of the Master Plan is to aid in the short and long term planning of the reserve to ensure the qualities that are currently being enjoyed by the community are strengthened and continue to be accessible, safe and enjoyable.

The 2016 City of Whittlesea Open Space Strategy lists Norris Bank Reserve as one of four Major Community Parks within the municipality to be master planned and improved.  The park has been selected as a Major Community Park for the following reasons: 

·        Is accessible by existing and proposed shared path networks in addition to the road network;

·        Is located in proximity to areas of forecast population change within the established areas as shown in the Housing Diversity Strategy 2013-2033;

·        Is of a size that can accommodate increased levels of visitation and public use; and

·        Has existing facilities or inherent characteristics that can be improved on and expanded to create a major destination park.

The Strategy also identified the following key issues to be questioned through the master planning process:

·        Improvement to the landscape character and quality to broaden the appeal and use of the public open space;

·        Continue to seek State Government funding of facilities for regional visitors; and

·        Improvement to the visibility and safety by way of upgrading the eastern interface to the park.

Proposal

The Norris Bank Reserve Master Plan (attachment 1) responds to the feedback and comments collated from the comprehensive community consultation and engagement process.  From this process the master plan generates 5 key objectives and their associated goals:

1.       Create a Major Community Park for all ages and abilities

(a)     Improve accessibility to and within the reserve

(b)     Promote and facilitate social community use and events

(c)     Create a custom suite of furniture for the reserve

(d)     Following the introduction of improved park amenities conduct a parking and traffic study

2.       Promote and facilitate social community use and events

(a)     Upgrade and augment the reserve’s picnic facilities to promote social gathering and open space activation

(b)     Facilitate use of the reserve for contemporary events and celebrations

3.       Encourage and support informal recreation

(a)     Maintain and create areas for passive recreation

(b)     Provide youth spaces and recreational facilities for casual public use

(c)     Create a fitness circuit around the central area of the reserve

(d)     Provide an enclosed dog off leash area

(e)     Relocate bocce lanes to new location

(f)      Continue to support the Norris Bank Tennis Club

4.       Protect and enhance the ecology and cultural landscape

(a)     Maintain and further establish the reserve’s characteristic landscape setting

(b)     Incorporate water sensitive urban design initiatives

(c)     Protect and support native fauna and increase biodiversity

(d)     Celebrate the history of the precinct

5.       Establish a safe and well maintained reserve

(a)     Increase passive surveillance into and throughout the park

(b)     Perform necessary maintenance works

(c)     Reduce conflict between different types of uses within the reserve

Consultation

Key stakeholders and the wider community provided their initial comment and input on Norris Bank Reserve in December 2016 which was used, along with the Stakeholder Workshops, to create the Norris Bank Reserve Master Plan.  A copy of the Consultation Report can be found in Attachment 2 to this report.    

In July 2017, the Norris Bank Reserve Draft Master Plan was circulated to key stakeholders and the wider community for comment and feedback.   Majority of the feedback has been extremely positive and supportive of the master plan’s priorities, recommendations and overall direction.  Key inclusions include:

·        Changes to the overall size of the proposed Dog Off Leash area.

·        Provision for an additional smaller public toilet to the eastern side of the reserve.

·        Provision for additional drinking fountains especially close to the Darebin Creek Trail.

·        Allowance for exercise equipment within the reserve.

·        Ensuring there are adequate picnic shelters available to use.

·        Explore opportunities for free WiFi within the reserve.

·        Defer recommendation of a booking system for park shelters.

Financial Implications

There is the opportunity to seek Government funding from grants such as the Growing Suburbs Fund, Changing Places Fund and Sports and Recreation Victoria – Community Sports Infrastructure Fund. 

A budget of $50,000 has been allocated in the 2017/18 budget to commence the planning and detailed design of the High Priority items.  The detailed cost of the implementation of the Master Plan will be identified through this process and included as future projects in the New Works Program as part of Council’s Strategic Resource Plan.

Policy strategy and legislation

The Norris Bank Reserve Master Plan is consistent with Council’s Open Space Strategy 2016, Tennis Strategy (2013-2018) and Dog Off Leash Management Plan (2016-2026).

 

Links to the CoUNCIL Plan

Council Priority                    Planning and Infrastructure

Future Direction                   Places and spaces to connect people

Theme                                   Open space

Strategic Objective              We have open spaces that are welcoming and safe for public gathering

 

The Norris Bank Reserve Master Plan meets the Council Strategic Direction by considering the existing constraints and strengths of the well frequented public open space.  The Master Plan provides direction to continue to promote active and healthy communities by encouraging both passive and active recreation uses. 

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.

Conclusion

Norris Bank Reserve is identified as a Major Community Park in the 2016 City of Whittlesea Open Space Strategy.  A Master Plan has been prepared for the future development of the reserve as a result of an extensive community consultation process. 

The Norris Bank Reserve Master Plan will provide direction for the short and long term planning and development of this reserve.  The master plan will ensure the qualities that are currently being enjoyed by the community are strengthened and continue to be accessible, safe and enjoyable. 

 

RECOMMENDATION

THAT Council resolve to adopt the Norris Bank Reserve Master Plan.

 


Ordinary Council Agenda                                                                           Tuesday 10 October 2017

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 



Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


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Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


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Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


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Ordinary Council Agenda                                                                                                  Tuesday 10 October 2017

 


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Ordinary Council Agenda                                                              Tuesday 10 October 2017

 

6.4       Corporate Services

6.4.1    Unconfirmed Minutes of Audit & Risk Committee Meeting and Update of Audit & Risk Committee Charter

File No:                                  160616

Attachments:                        1        Unconfirmed Minutes of Audit & Risk Committee Meeting 31 August 2017

2        Audit & Risk Committee Charter   

Responsible Officer:           Director Corporate Services

Author:                                  Internal Compliance Officer   

 

Report

EXECUTIVE Summary

As part of Council’s Audit & Risk Committee Charter, minutes of meetings are to be presented to Council after each Audit & Risk Committee meeting. 

The Audit & Risk Committee Charter was discussed at the last Committee meeting and some minor updates made.  The updated Charter is presented for Council adoption.

Background

The Audit & Risk Committee is an independent advisory committee of Council and its role is to report to Council and provide appropriate advice and recommendations on matters presented to it.  It acts in this capacity by monitoring, reviewing and advising on issues within its scope of responsibility and assisting Council’s governance obligations to its community.

The Audit & Risk Committee considered a number of reports at its meeting held on 31 August 2017, as well as confirming minutes from the previous meeting held on 25 May 2017.

Main agenda items included:

·    Audit & Risk Committee Work Plan

·    CEO’s Report on Compliance / Non-Compliance

·    Review of Investment Policy and Procedures

·    Risk Management Report

·    Internal Audit:

Internal Audit Status Report

Outstanding Action items Report from Previous Internal Audits

Review of Internal Auditor’s Performance

·    Internal Compliance Reviews

·    Review of Audit & Risk Charter

·    External Agency Examinations

·    Private Discussion with Internal Auditors

 


 

Audit & Risk Charter Update

To coincide with the completion of the current term of two of the independent members of the Audit & Risk Committee, a change to the Audit & Risk Committee Charter regarding term limits is being sought. The Charter currently allows for terms of two years, with no limit on the total number of terms an independent member can serve on the Committee.

 

It is proposed to amend term limits from two years to three years, with the possibility for Council to make reappointments for three consecutive terms of three years. This change is being requested to better align with the Victorian State Government’s guidelines on Audit Committees and to allow for further staggering of Committee member appointments (one appointment will be made for an initial period of two years).

At their meeting on 31 August 2017, the Committee agreed to this change and requested that it take affect from the date the updated Charter is adopted by Council (i.e. three year term limits and the restriction on the total number of terms an independent member can serve only apply to appointments made after the introduction of the amended clause).

The above minor changes are proposed to enable the recruitment of two independent members under a further staggering arrangement. A more detailed review of the Audit & Risk Committee Charter will be undertaken once changes to the Local Government Act 1989 are proclaimed.

The Charter with amendments highlighted (Attachment 2) is provided for Council’s consideration.

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 establishment of the Audit & Risk Committee and the reports it receives are reflective of Council’s commitment to the implementation of good governance principles.  The Committee provides advice to Council to assist with fulfilling its oversight responsibilities for the financial and non-financial reporting process, internal controls, the audit process, risk management and Council’s process for monitoring compliance with legislation and regulations and the Code of Conduct.

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 minutes of the Audit & Risk Committee meeting held on 31 August 2017 are provided for Council’s information.

The Audit & Risk Committee Charter has been updated to reflect better practice guidelines.

 

Recommendation

THAT Council resolve to:

1.       Note the unconfirmed minutes of the Audit & Risk Committee meeting held on 31 August 2017.

2.       Adopt the updated City of Whittlesea Audit & Risk Committee Charter.

 


Ordinary Council Agenda                                                                           Tuesday 10 October 2017

 


 


 


 


 


 


 


 


Ordinary Council Agenda                                                                           Tuesday 10 October 2017

 


 


 


 


 

 


Ordinary Council Agenda                                                              Tuesday 10 October 2017

 

6.5       Partnerships & Engagement

6.5.1    POST - ELECTION STATUTORY REVIEW OF COUNCIL DELEGATIONS TO CHIEF EXECUTIVE OFFICER

File No:                                  .

Attachments:                        1        Instrument of Delegation to CEO

2        Review of Financial Delegations to the CEO - Council Minute 28 February 2017   

Responsible Officer:           Director Partnerships & Engagement  

Author:                                  Team Leader Governance   

 

Report

EXECUTIVE Summary

This report reviews Council delegations to the Chief Executive Officer (‘the CEO’) in accordance with section 98(6) of the Local Government Act 1989 (‘the Act’) which requires Council delegations to be reviewed within 12 months of a general election.

It is proposed that the Instrument of Delegations to the CEO remain unchanged.  Council delegations can be reviewed at any time by Council.

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.

There a two types of delegations approved by Council – delegations to the CEO and delegations directly to member of Council staff.  This report reviews the Instrument of Delegation to the CEO.  Delegations made directly to individual members of Council staff were reviewed by Council on 19 September 2017.

Proposal

The current Instrument of Delegation from Council to the CEO is a broad delegation which empowers the CEO under many Acts and Regulations.  It also provides the CEO with the power to invite short listed tenderers to tender following an expression of interest process.  (Refer to Attachment 1).


 

Conditions and Limitations

The current Instrument enables the CEO to act under a large number of statutes with the exception of legislation which must be delegated directly to members of Council staff and powers that cannot be delegated under section 98 of the Act, namely:

·    this power of delegation;

·    the power to declare a rate or charge;

·    the power to borrow money;

·    the power to prepare or adopt the Budget or a Revised Budget; and

·    the power to make the necessary administrative arrangements to ensure that public submissions are invited and considered in accordance with s.223 of the Act.

In addition, the current CEO delegation requires the following matters to be referred to Council although these matters are capable of being delegated to the CEO:

·    adoption of the Council Plan;

·    adoption of the Strategic Resource Plan;

·    adoption of the Auditor's Report, Annual Financial Statements, Standard Statements and Performance Statement;

·    noting Declarations of Impartiality by Valuers pursuant to section 13DH(2) of the Valuation of Land Act 1960;

·    appointment of Councillor or community delegates or representatives to external organisations;

·    the return of the general valuation; and

·    approval of overseas travels by Council officers on Council business.

Limitation for Awarding Contracts

The current CEO Delegation has a limitation on the awarding, varying or extending a contract for the purchase of goods and services up to an amount of $150,000 (GST inclusive) and for works up to an amount of $200,000 (GST inclusive).  Contracts with a total value greater than these thresholds cannot be entered into without a Council resolution. 

The limitations match the legislated minimum values at which contracts must be publicly advertised.  Benchmarking reveals this is at the bottom of the range of CEO delegations existing within local government in Victoria.  This delegation has remained unchanged since 2008 despite significant increase in the Council’s annual budget.

The current Instrument makes provision for a higher limit (between $150,000 and $250,000 for goods and services and between $200,000 and $300,000 for works) in cases where a decision needs to be made urgently and could not safely or conveniently be deferred until the next meeting of Council for consideration.  This exclusion, however, does not extend to the calling or recalling of tenders or anything relating to the tendering process other than one to accept a particular tender. 

On 28 February 2017, Council reviewed the financial delegations contained in this Instrument relating to the awarding of contracts. The officer report recommended that the financial delegations to the CEO be increased to $500,000 for both goods and services and for works to reflect the significant increases in Council’s budget over the past 15 years and to improve efficiencies in relation to contract management.  Council considered the report and resolved at that time to make no change to the financial thresholds.  A copy of the relevant Council minute is attached for reference. (Refer to Attachment 2).


 

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 draft Instrument of Delegation at a Forum Meeting held on 1 August 2017.

Critical Dates

The 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 reviewing the Instrument 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 relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

It is recommended that the Instrument of Delegation to the Chief Executive Officer remain unchanged.

RECOMMENDATION

THAT Council resolve to:

1.       Note that a review of the Instrument of Delegation to the Chief Executive Officer has been carried out in accordance with section 98(6) of the Local Government Act 1989; and

2.       Delegate to the Chief Executive Officer the powers, duties and function set out in the current Instrument of Delegation to the Chief Executive Officer dated 17 September 2013 without amendment.

 

 


Ordinary Council Agenda                                                                           Tuesday 10 October 2017

 


 


 


 


Ordinary Council Agenda                                                                           Tuesday 10 October 2017

 


 


 


 


Ordinary Council Agenda                                                              Tuesday 10 October 2017

 

6.5.2    Assemblies of Councillors Report - 10 October 2017

File No:                                  1881989   

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

Arts Cultural & Sporting Grants for Young People

4 August 2017

Cr Alessi

Cr Desiato

Cr Kozmevski

Cr Monteleone

Cr Pavlidis

MG

The advisory committee made a recommendation to the delegate regarding the following application via a virtual meeting:

1.     Belinda Al – Sporting Grant – Interstate

2.     Mikayla Dunn – Sporting Grant – Overseas

3.     Suzie Halabi – Sporting Grant – Overseas

4.     Cherie Hallett – Sporting Grant – Interstate

5.     Chloe Hildebrand – Sporting Grant – Interstate

6.     Justin Romeo – Sporting Grant – Interstate

7.     Ross Romeo – Sporting Grant – Interstate

Nil disclosures

Council Forum

23 August 2017

Cr Kirkham

(Mayor)

Cr Kelly
(Deputy Mayor)

Cr Alessi

Cr Desiato

Cr Kozmevski

Cr Pavlidis

Cr Sterjova

CEO

DCS

DCRS

DCTP

DPE

DPMP

MASP

MCCD

1.     Cultural Competency Training for Councillors

Nil disclosures

Whittlesea Reconciliation Group Meeting (WRG)

31 August 2017

Cr Kirkham (Mayor)

Cr Kelly
(Deputy Mayor)

MCCD

TLACD

1.     WRG new member appointment

2.     Discussion regarding 26 January with Council.

Nil disclosures

CEO Employment Matters Advisory Committee

4 September 2017

Cr Kirkham

(Mayor)

Cr Lalios

Cr Monteleone

CEO

1.     CEO KPIs

Nil disclosures

Council Forum

5 September 2017

Cr Kirkham

(Mayor)

Cr Kelly
(Deputy Mayor)

Cr Alessi

Cr Desiato

Cr Kozmevski Cr Lalios

Cr Monteleone

Cr Pavlidis

Cr Sterjova

CEO

DCS

DCRS

DCTP

DPE

DPMP

MCBP

MCP

MPOS

TLSPP-J

ULPOAM

ULWR

1.     Whittlesea/MIRVAC Partnership Pilot.

2.     Garbage, Recycling and Garden Waste Kerbside Collection Services Tender Process – Update.

3.     Provision of open space maintenance 2016-201 Tender Development Update.

4.     Chief Executive Officer – Update to Councillors.

5.     General Business:

a)    Whittlesea Police Station Community Matters.

 

Nil disclosures

Council Forum

12 September 2017

Cr Kirkham

(Mayor)

Cr Kelly
(Deputy Mayor)

Cr Alessi

Cr Desiato

Cr Kozmevski Cr Lalios

Cr Monteleone

Cr Pavlidis

Cr Sterjova

CEO

DCS

DCRS

DCTP

DPE

EOSP

MCW

MMF

SPSO

TLHP

TLSPP-F

1.     Health and Wellbeing Partnership Plan 2017-2021.

2.     Climate Ready Whittlesea – Draft adaptation plan.

3.     Growling Frog Golf Course operating models

Nil disclosures

The table below represents an Index of Officer titles:

Initials

Title of Officer

Initials

Title of Officer

CEO

Chief Executive Officer – Simon Overland

MCW

Manager Community Wellbeing – Neville Kurth

DCS

Director Community Services – Russell Hopkins

MMF

Manager Major Facilities – Carl Partridge

DCRS

Director Corporate Services – Helen Sui

MPOS

Manager Parks & Open Space – Kristen Jackson

DCTP

Director City Transport and Presentation– Nick Mann

MG

Manager Governance – Michael Tonta

DPE

Director Partnerships and Engagement – Liana Thompson

SPSO

Sustainability Planning & Strategy Officer – James Depasquale

DPMP

Director Planning & Major Projects – Steve O’Brien

TLACD

Team Leader Aboriginal and Cultural Diversity- Ben Waterhouse

EOSP

Executive Officer Sustainability Planning – Felicity Ayres

TLHP

Team Leader Health Planning – Philippa Mclean

MASP

Multicultural & Aboriginal Strategic Planner – Ross Barnett

TLSPP-F

Team Leader Sustainability Policy & Programs – Fleur Anderson

MCBP

Manager Community Building and Planning – Belgin Besim

TLSPP-J

Team Leader Social Policy and Planning – Joanne Kyrkilis

MCCD

Manager Community Cultural Development – Catherin Rinaudo

ULPOAM

Unit Leader Parks Operations & Asset Management – Stephen Comben

MCP

Manager City Presentation – Peter Ali

ULWR

Unit Leader Waste & Recycling – Peter Ali

Consultation

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

Financial Implications

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

Policy Strategy and Legislation

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

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

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

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

Links to the CoUNCIL Plan

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.

 

 


Ordinary Council Agenda                                                              Tuesday 10 October 2017

 

6.5.3    Domestic Animal Management Plan 2017-21

File No:                                  Nil

Attachments:                        1        Domestic Animal Management Plan   

Responsible Officer:           Director Partnerships & Engagement  

Author:                                  Unit Manager Local Laws & City Amenity   

 

Report

EXECUTIVE Summary

Under the Domestic Animals Act 1994, all councils are required to prepare and implement a four-yearly plan for managing domestic animals.

The City of Whittlesea’s Domestic Animal Management Plan 2017-21 (the Plan) addresses a series of domestic animal issues, including responsible pet ownership; nuisance animals; animal registration and microchipping; managing dangerous, menacing and restricted breed dogs; and monitoring domestic animal businesses.

The Plan features a series of actions to be implemented over the next four years. These actions were based on Council data and further strengthened by feedback received as part of a community survey undertaken in September 2017.

The Plan is being presented to Council for adoption.

Council must submit its adopted Domestic Animal Management Plan 2017-21 to the Department of Economic Development, Jobs, Transport and Resources by 3 November 2017. Annual reviews will be conducted by Council officers throughout the life of the document.

Background

Victorian councils must prepare a Domestic Animal Management Plan every four years to provide a strategic framework that delivers policy direction for animal management.

This is the City of Whittlesea’s third Domestic Animal Management Plan.

Proposal

The Domestic Animal Management Plan 2017-21 is being presented to Council for adoption.

The Domestic Animal Management Plan 2017-21 will:

·    Ensure Animal Management Officers are appropriately trained in all aspects of responsible animal management;

·    Encourage responsible dog and cat ownership;

·    Reduce public and environmental nuisance caused by dogs and cats;

·    Promote the effective management of dogs and cats;

·    Effectively identify all dangerous, menacing and restricted breed dogs in the City of Whittlesea and ensure that those dogs are kept in compliance with legislative requirements;

·    Minimise the risk of dog attacks on people and animals;

·    Address any over population and high euthanasia rates for dogs and cats;

·    Ensure that all Domestic Animal Businesses maintain the highest standards of animal welfare and are compliant with legislative requirements; and

·    Ensure that all programs and activities are monitored and evaluated.

Within the City of Whittlesea, there are 16,479 dogs and 4,978 cats registered with Council. The core purpose of the Domestic Animal Management Plan is to administer and provide a broad range of services to ensure Council meets its legislative responsibilities in the management of domestic animals and that the needs of the wider community are reflected through Council’s domestic animal policies, procedures and practices.

The Plan will be reviewed annually by Council officers. The focus of the 2018 review will be to work with the City of Whittlesea’s partners in the Epping Animal Welfare Facility (the City of Darebin and Moreland City Council), in conjunction with RSPCA (Vic) as the operator to develop consistency in relation to animal management.

Consultation

The development of the Domestic Animal Management Plan 2017-21 involved a review of the existing Plan (2013-17) and a community survey.

The community survey was undertaken in September 2017 which resulted in 44 responses. The majority of respondents were female and many respondents lived in Doreen and Mernda, although other areas such as Thomastown, Mill Park and South Morang were also represented.

The key themes arising from the consultation included:

·    Providing the community with further information and educational resources about responsible pet ownership, including registration, desexing, microchipping and controlling potential nuisance complaints;

·    Reducing nuisance complaints, specifically regarding barking dogs and wandering cats;

·    Strong support for active enforcement and tougher penalties for pet owners who disregard the rules; and

·    Continued support and suggested improvements to dogs off leash areas.

These responses were used to confirm the proposed actions and identify areas of particular community concern that Council will need to address throughout the life of the Plan.

Critical Dates

Council is required to provide a copy of its Domestic Animal Management Plan 2017-21 to the Department of Economic Development, Jobs, Transport and Resources by 3 November 2017.

Council officers are required to undertake an annual review of the Plan.

Financial Implications

Most actions contained within the Domestic Animal Management Plan 2017-21 will be able to be undertaken within existing budgets.

Any specific projects requiring additional funding will be presented to Council for consideration as part of standard budget processes.

Policy strategy and legislation

The Domestic Animal Management Plan 2017-21 is a requirement of the Domestic Animals Act 1994.

There are elements of the Domestic Animal Management Plan which complement Council’s Dog Off Leash Area Policy and Management Plan 2016-2026.

 

Links to the CoUNCIL Plan

Council Priority                    Organisational Sustainability

Future Direction                   Good governance

Theme                                   Community  centred operations

Strategic Objective              Our Council services are transparent, equitable and accessible

 

The Domestic Animal Management Plan 2017-21 guides how the Council will deliver animal management services and meet legislative responsibilities for the next four years.

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 has developed its Domestic Animal Management Plan 2017-21 in accordance with requirements of the Domestic Animals Act 1994.

The Plan establishes the key priorities and actions relating to animal management over the next four years, taking into account the feedback received as part of the community survey.

The Plan will be reviewed annually and updated in line with community feedback so that Council’s animal management activities are aligned with community priorities.

RECOMMENDATION

THAT Council resolve to:

1.       Adopt the Domestic Animal Management Plan 2017-21;

2.       Submit a copy of the Domestic Animal Management Plan 2017-21 to the Department of Economic Development, Jobs, Transport and Resources by 3 November 2017; and

3.       Publish the Domestic Animal Management Plan 2017-21 on the Council’s website.

 


Ordinary Council Agenda                                                                           Tuesday 10 October 2017

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Agenda                                                              Tuesday 10 October 2017

 

6.5.4    MAV State Meeting - City of Whittlesea Motions

File No:                                  N/A

Attachments:                        1        MAV State Council Motion - Gambling Reform

2        MAV State Council Motion - Land Valuations   

Responsible Officer:           Director Partnerships & Engagement  

Author:                                  Manager Advocacy, Communications & Economic Development   

 

Report

EXECUTIVE Summary

The Municipal Association of Victoria State Council Meeting is being held on Friday 20 October. Councils have the opportunity to submit motions to be considered by the State Council. 

 

Motions are voted on by members at the State Council Meeting. Resolutions are then assessed by the Board to determine how they will be progressed. Updates on the progress made on each resolution are sent to members before the next meeting.

 

Council has previously submitted motions to the MAV State Meeting on a regular basis.  Two motions have been drafted (see attached) and it is considered appropriate that Council formally endorse the two motions being submitted relating to:

·    Proposed legislative changes to land valuations

·    Legislative reform for gaming machines

Background

These two motions support existing advocacy priorities and activity and are of context to the Victorian local government sector.

 

Legislative Reform for gaming machines

The City of Whittlesea experiences some of the highest losses from poker machines in Victoria. More than $100 million is lost on poker machines in the City of Whittlesea each year.

 

Council has a long track record in lobbying the Victorian Government on gaming machine reform to reduce the harmful impacts on gambling on our community. Council has an adopted Gambling Strategy and Action Plan and the implementation of phase two of the ‘Pokies Play You’ campaign is an adopted action in the 2017/18 Council Plan Action Plan.

 

The motion aligns with the strategic intent of Council’s adopted position to lobby the Victorian Government for legislative reform on gaming machines.

 


 

Proposed legislative changes to land valuations

The Victorian Budget 2017-18 included proposed changes that would see all land valuation functions centralised with the Valuer General and undertaken on an annual basis. These budget measures were included in Part 9 of the State Taxation Acts Amendment Bill.

 

The City of Whittlesea is playing a lead role in a local government sector campaign opposing these changes. Part 9 was removed from the Bill with the intention that it be re-introduced to Parliament at a later time to allow for sector consultation.

 

It is the Government’s intention that the same provisions be introduced to Parliament later this year following consultation with interested stakeholders. The Department of Treasury and Finance has undertaken consultation from mid-August into September.  Councils are able to direct feedback to the Department of Treasury and Finance. 

 

The City of Whittlesea has collaborated with northern metropolitan councils and will be making a joint submission to the Victorian Government on this proposed legislative change. The attached motion is in accordance with the agreed position.

 

While the move to annual statutory valuations will raise additional revenue for State Government, it will negatively impact local businesses and many property owners through expected tax increases and higher rates due to the compounding impact of annual valuations.

 

However, the increased revenue arising from these measures has been budgeted for by the Victorian Government. The position outlined in the draft motion is considered to achieve a healthy balance between the Victorian Government’s budget imperatives, while protecting the choice of Council to determine its preferred valuation method.

 

Our position is to not oppose annual valuations, which does not compromise the State Government receiving this budgeted revenue. However, this is subject to maintaining the status quo in terms of how valuations are conducted – with each Council maintaining its choice to determine the best model and it not being mandated that valuations be undertaken by the Valuer General.

 

Should valuations be centralised, there would be significant implications for Council’s revenue with regard to supplementary valuations and with regard to our in-house valuation team.

Proposal

That Council endorse the two motions to be submitted to the MAV State Council Meeting.

Consultation

Council’s position of gaming machine reform is in accordance with the adopted Gambling Strategy and Action Plan and Council Plan, both of which were developed following community consultation.

The position with regard to land valuations follows extensive consultation and engagement with the local government sector, in particular the northern metropolitan councils, LG Pro, the MAV and the Municipal Group of Valuers (MGV).

Critical Dates

The State Council Meeting will be held on Friday 20 October 2017.

Financial Implications

There are no financial implications with regard to submitting motions to the MAV State Council Meeting. However, the motion regarding gambling legislation supports reducing the harmful impacts on our community including financial hardship.  The motion regarding land valuations supports the financial viability of Council.

Policy strategy and legislation

Council has an adopted Gambling Strategy and Action Plan.

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

Council has regularly submitted motions to the MAV State Council Meetings.  The two motions have previously been submitted to Councillors via memo and it is considered appropriate that the motions have formal Council endorsement.

 

The two issues – land valuations and legislative reform for gaming machines – are in accordance with council’s advocacy priorities and activity.

 

RECOMMENDATION

THAT Council resolve to endorse the following two motions to be submitted the MAV State Council Meeting on Friday 20 October 2017.

MOTION 1:

That in relation to the proposed State Taxation Acts Amendment Bill due to be tabled in parliament later this year, the MAV: 

1.       Do not oppose the move to annual statutory valuations, subject to mandatory centralised valuations coordinated through the Valuer General not being implemented.

2.       Oppose mandatory centralised valuations with councils maintaining the choice to determine their preferred model of conducting valuations through the following three ways:

a)      opt in to a centralised process operated by the Valuer General (currently 18 councils)

b)      contract out valuation services and for councils to manage the contract directly (currently 48 councils)

c)      deliver valuations with an in-house valuation team valuers (currently 13 councils). 

3.       Call on the government to guarantee that no Council will be financially worse off with the move to annual valuations. Councils that do not opt-in to a centralised model should have the same percentage of costs covered for undertaking valuations during even and odd years as those councils that do opt-in.

4.       That this position be communicated to the Victorian Treasurer.

MOTION 2:

The MAV advocates to the State Government to legislate for a long-term evidenced based public health approach to poker machine policy reform by: 

1.       Pursuing policies which actively manage annual losses to below $2 billion a year from the current level of $2.6 billion.

2.       Requiring gaming machine redesign to reduce the harmful, misleading, deceptive and addictive nature of the machines, including:

a)      $1 maximum bets per spin with maximum $120 losses per hour as recommended by the Productivity Commission.

b)      Stopping losses being disguised as wins and fake ‘near misses’, and 

c)      Reduced spin rates. 

3.       A reduction in operating hours from the current level of 20 hours a day which sees dozens of pokies venues as the only social opportunity in some parts of Victoria which are open in the middle of the night, consistent with the Productivity Commission  recommendation.

4.       Developing specific provisions regarding gambling venues in greenfield areas and in the preparation of Precinct Structure Plans, to ensure the first and /or only recreational/entertainment venue in a newly developed estate/area is not a gaming venue.

5.       Reviewing gaming machine distribution criteria to minimise harm from gambling in growth areas in alignment with the intention of ‘caps’ namely, to protect communities that are most vulnerable to the harmful effects of gambling.

6.       Amending the Gambling Regulation Act 2003 (Vic) to:

a)      Remove ‘fostering competition’ as an excuse for more machines and require the Victorian Commission for Gambling and Liquor Regulation (VCGLR) to judge that an area already has enough EGMs (Section 3.1.1) 

b)      Allow the Commission enough time to make the right decision (Section 3.3.8)

c)      Allow councils enough time to develop comprehensive submissions (Section 3.3.6)

d)      Include a stronger requirement for the Commission to take council submissions into account (Section 3.3.7(3))

e)      Make the applicant meet social and economic impact tests (Section 3.3.7(1)).

 


Ordinary Council Agenda                                                                           Tuesday 10 October 2017

 


 


Ordinary Council Agenda                                                                           Tuesday 10 October 2017

 


 


Ordinary Council Agenda                                                              Tuesday 10 October 2017

 

6.5.5    Appointment of Councillor and Officer Representation on Organisation and Committees

File No:                                  140748

Attachments:                        1        Appointment of Councillor Representatives to Organisations and Committees   

Responsible Officer:           Director Partnerships & Engagement  

Author:                                  Governance Officer   

 

Report

EXECUTIVE Summary

To appoint replacement Councillor delegates to internal committees and external bodies and organisations created as a result of the recent passing of Cr John Butler.  Appointments to the vacant positions will be for the period 10 October 2017 to 31 December 2017.

Background

Councillor appointments to external groups are made for a number of reasons.  These appointments demonstrate Council’s interest and involvement in the organisation and allow Council to be involved in developing the organisation’s strategic direction.  In some instances, the constitution of some of these external bodies provide for Councillor membership.

Proposal

Nominations from interested Councillors are sought for representation on the organisations listed in Attachment 1. 

critical dates

A delegate needs to be appointed to the Municipal Association of Victoria (MAV) to ensure Council exercises its vote at the MAV Annual Conference on 19 October 2017.

It is also important that Council continue to be represented on the Municipal Fire Management Planning Committee with the fire season approaching.

financial implications

The cost of Councillors attending meetings of internal committees and external bodies is included within relevant budgets.

Policy strategy and legislation

At the Council meeting held on 11 December 2012, Council resolved to make appointment to Committees and external bodies at the first Council meeting following the Statutory Council Meeting to elect the Mayor. 

Annual appointment of Councillor Representatives for 2018 will take place on 21 November 2017 for the period 1 January 2018 to 31 December 2018.

 


 

Links to the CoUNCIL Plan

COUNCIL PRIORITY           Organisational Sustainability

Future Direction                   Inclusive and engaged community

Theme                                   Community voice

Strategic Objective              Our voice is reflected through inclusive Council decision making processes 

 

The appointment of Councillor representatives on various community organisations and committees provides an opportunity to encourage the development of community voice within both internal and external organisations and committees.

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

Nominations from interested Councillors are sought for representation on the organisations listed in Attachment 1 until 31 December 2017.

 

RECOMMENDATION

THAT Council resolve to appoint Councillor Representatives to organisations and committees listed in Attachment 1 for the period 10 October 2017 to 31 December 2017.

 


Ordinary Council Agenda                                                                           Tuesday 10 October 2017

 


 

 


Ordinary Council Agenda                                                              Tuesday 10 October 2017

 

6.6       Executive Services

Nil Reports 


Ordinary Council Agenda                                                              Tuesday 10 October 2017

 

7.         Notices of Motion

Nil Reports 

8.         Questions to Officers

9.         Urgent BusineSS

10.       Reports from Delegates Appointed BY Council TO Other Bodies

11.       Questions to CouncillorS will be considered at item 5.1

 


Ordinary Council Agenda                                                              Tuesday 10 October 2017

 

12.       Confidential Business

12.1     Planning and Major Projects

12.1.1  PAINTED HILLS RECREATION RESERVE CONSTRUCTION OF CARPARK CONTRACT 2017-125 - TENDER EVALUATION REPORT

File No:                                  195785

Responsible Officer:           Director Planning & Major Projects

Author:                                  Senior Contracts Executive

Report

 

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

 

Recommendation

 

 

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

 

(d)           contractual matters

  


Ordinary Council Agenda                                                              Tuesday 10 October 2017

 

12.2     Community Services

Nil Reports


Ordinary Council Agenda                                                              Tuesday 10 October 2017

 

12.3     City Transport and Presentation

12.3.1  Construction of Epping Skate Park Facility Enhancement Contract 2017-136 - Tender Evaluation

File No:                                  195841

Responsible Officer:           Director City Transport & Presentation

Author:                                  Parks & Open Space Projects Officer

Report

 

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

 

Recommendation

 

 

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

 

(d)           contractual matters

 


Ordinary Council Agenda                                                              Tuesday 10 October 2017

 

12.3.2  2017-102 - Provision of Grading Services - Evaluation

File No:                                  195721

Responsible Officer:           Director City Transport & Presentation

Author:                                  Senior Infrastructure Engineer

Report

 

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

 

Recommendation

 

 

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

 

(d)           contractual matters

  


Ordinary Council Agenda                                                              Tuesday 10 October 2017

 

12.4     Corporate Services

Nil Reports


Ordinary Council Agenda                                                              Tuesday 10 October 2017

 

12.5     Partnerships & Engagement

12.5.1  Fire Hazard Removal Services 2017-77

File No:                                  195696

Responsible Officer:           Director Partnerships & Engagement

Author:                                  Team Leader Local Laws Enforcement - Fire Prevention

Report

 

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

 

Recommendation

 

 

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

 

(d)           contractual matters

  


Ordinary Council Agenda                                                              Tuesday 10 October 2017

 

12.6     Executive Services

12.6.1  MEETINGS OF THE CHIEF EXECUTIVE OFFICER 11 SEPTEMBER to 29 September 2017

File No:                                  800650

Responsible Officer:           Chief Executive Officer

Author:                                  Executive Assistant to Chief Executive Officer

Report

 

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

 

Recommendation

 

 

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

 

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

  

 

 


12.6.2  CHIEF EXECUTIVE OFFICERS MATTERS ADVISORY COMMITTEE - REVIEW OF CEO KPI'S FOR 2016/17.

Responsible Officer:           Chief Executive Officers Matters Advisory Committee

Author:                                  Chief Executive Officers Matters Advisory Committee

Report

 

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

 

Recommendation

 

 

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

 

(a)                personnel matters; and

(d)           contractual matters

  


Ordinary Council Agenda                                                              Tuesday 10 October 2017

 

13.       Closure