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Agenda

 

OF Ordinary
COUNCIL MEETING

HELD ON

Tuesday 5 June 2018

AT 6.30pm

summons

 

You are advised that a Meeting of Council has been called by the Chief Executive Officer on Tuesday, 5 June 2018 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 5 June 2018

 

 

 

COUNCILLORS

 

KRIS PAVLIDIS                               MAYOR, SOUTH WEST WARD

LAWRIE COX                                   SOUTH WEST WARD

STEVAN KOZMEVSKI                   SOUTH WEST WARD

CAZ MONTELEONE                       SOUTH WEST WARD

EMILIA LISA STERJOVA               DEPUTY MAYOR, NORTH WARD

TOM JOSEPH                                  NORTH WARD

RICKY KIRKHAM                            NORTH WARD

SAM ALESSI                                    SOUTH EAST WARD

ALAHNA DESIATO                         SOUTH EAST WARD

NORM KELLY                                  SOUTH EAST WARD

MARY LALIOS                                 SOUTH EAST WARD


Ordinary Council Agenda                                                                      Tuesday 5 June 2018

 

 

 

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 5 June 2018

 

 

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 Meetings.. 11

5.            Questions, Petitions and Joint Letters.. 11

5.1         Questions To Councillors.. 11

5.2         Petitions.. 11

Nil Reports.. 11

5.3         Joint Letters.. 13

5.3.1       Joint Letter - No Standing / Clear Way Sign - Romsey Street Epping (Lyndarum Estate) 13

5.3.2       Parking issues - Bud Lane Epping.. 13

5.3.3       Rating Methodology.. 15

6.            Officers' Reports.. 17

6.1         Planning and Major Projects.. 17

6.1.1       11 OXLEY AVENUE, BUNDOORA - USE OF A MEDICAL CENTRE AND ASSOCIATED WORKS.. 17

6.1.2       24 MARSDEN COURT, MILL PARK - CONSTRUCTION OF TWO DWELLINGS   43

6.1.3       357 Childs road, mill park - construction of three dwellings and an alteration of access to a road in a road zone, category 1. 65

6.1.4       2017/18 Third Quarter New Works Program Report. 85

6.2         Community Services.. 111

6.2.1       Prism Park Petition.. 111

6.3         City Transport and Presentation.. 115

6.3.1       Tender Evaluation Report for Contract 2017-137 Supply of Bulk Fuel, Fuel Cards and Lubricants.. 115

6.3.2       SUEZ Green Waste Processing Agreement - Variation Report  119

6.3.3       Contract Number 2015-21 - Supply of Road, Drainage and Associated Street Lighting Works - Contract Variation Report. 123

6.3.4       Contract Number 2017-75B - Recyclables Acceptance And Sorting Services:  - Contact Variation Report. 127

6.3.5       Request for removal of street trees in Gypsy Court, Mill Park.. 131

6.4         Corporate Services.. 143

6.4.1       Epping RSL - Bank Guarantee - Extension of Facility.. 143

6.4.2       Year 2018 General Valuation.. 151

6.4.3       Request to Present at International Conference on Digital Transformation of Public Service Delivery.. 157

6.4.4       Review of Procurement Policy.. 161

6.4.5       44W Embling Drive South Morang - Hope Youth Accommodation - Lease - Committee of Council Recommendation.. 217

6.4.6       Council Action Plan 2017/18 - Quarter 3 Progress Update   221

6.5         Partnerships & Engagement.. 229

6.5.1       Redundant Policies and Strategies.. 229

6.5.2       Assemblies of Councillors Report - 5 June 2018. 235

6.5.3       BUNDOORA SQUARE SHOPPING CENTRE MARKETING AND BUSINESS DEVELOPMENT SPECIAL RATE RENEWAL DECLARATION.. 239

6.5.4       THOMASTOWN SHOPPING CENTRE BUSINESS DEVELOPMENT AND MARKETING SPECIAL RATE RENEWAL. 257

6.6         Executive Services.. 291

Nil Reports.. 291

7.            Notices of Motion.. 293

7.1           NOTICE OF MOTION NO 856 SUNSET CLAUSE IN CONTRACT OF SALE   293

8.            Questions to Officers.. 295

9.            Urgent BusineSS.. 295

10.         Reports from Delegates Appointed BY Council TO Other Bodies.. 295

11.         Confidential Business.. 297

11.1       Planning and Major Projects.. 297

Nil Reports.. 297

11.2       Community Services.. 297

Nil Reports.. 297

11.3       City Transport and Presentation.. 297

Nil Reports.. 297

11.4       Corporate Services.. 297

Nil Reports.. 297

11.5       Partnerships & Engagement.. 297

Nil Reports.. 297

11.6       Executive Services.. 297

11.6.1    Meetings of the Chief Executive Officer 23 April 2018 to 25 May 2018. 297

11.7       Notices of Motion.. 297

Nil Reports.. 297

12.         Closure.. 297

 

 


Ordinary Council Agenda                                                                      Tuesday 5 June 2018

 

 

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 5 June 2018

 

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 Meetings

Special Meeting of Council held 24 April 2018;

Ordinary Meeting of Council held 1 May 2018;

Special Meeting of Council held 8 May 2018; and

Special Meeting of Council held 22 May 2018.

5.         Questions, Petitions and Joint Letters

5.1       Questions To Councillors

5.2       Petitions

Nil Reports


Ordinary Council Agenda                                                                      Tuesday 5 June 2018

 

5.3       Joint Letters

5.3.1    Joint Letter - No Standing / Clear Way Sign - Romsey Street Epping (Lyndarum Estate)

Joint letter from four residents requesting a No Standing / Clear Way sign on at least one side of Romsey Street, Epping (Lyndarum Estate).

 

MOtion

THAT Council resolve to receive the joint letter from four residents requesting a No Standing / Clear Way sign on at least one side of Romsey Street, Epping (Lyndarum Estate) and a report be prepared for a future meeting.

5.3.2    PARKING ISSUES - BUD LANE EPPING

Joint letter from five residents from Edgars Road Epping regarding parking issues in Bud Lane Epping and requesting Council to restrict parking in Bud Lane Epping to “no parking”.

 

MOtion

THAT Council resolve to receive the joint letter from five residents from Edgars Road Epping regarding parking issues in Bud Lane Epping and a report be prepared for a future meeting.


5.3.3    RATING METHODOLOGY

A joint letter has been received signed by five residents from three retirement villages requesting Council change from the present Net Annual Value (NAV) methodology to Capital Improved Value (CIV) as soon as possible and for a meeting to be arrange with the residents to explore issues relevant to such a change. 

 

MOtion

THAT Council resolve to receive the joint letter from five residents from three retirement villages requesting Council to change from the present NAV rating methodology to CIV and advise the residents this matter was considered by Council at its meeting on 6 March 2018 when Council resolved to:

“1.     Write to the retirement village unit residents that have signed the petition and advise them that the statutory valuation process is a legislative independent process that Council cannot influence.

2.       Further advise the residents that Council does understand the issues that they have raised in relation to the level of municipal rates and will examine the possibilities of introducing differential rates in the 2021/22 financial year, when The State Government passes a new Local Government Act introducing compulsory Capital Improved Value rating.

3.       Write to the Minister for Local Government requesting that differential rating for retirement villages be allowed under Net Annual Value (NAV) rating.”

   


Ordinary Council Agenda                                                                      Tuesday 5 June 2018

 

6.         Officers' Reports

6.1       Planning and Major Projects

6.1.1    11 OXLEY AVENUE, BUNDOORA - USE OF A MEDICAL CENTRE AND ASSOCIATED WORKS

File No:                                  717260

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer   

 

APPLICANT:                        Anisha Superannuation Pty Ltd

COUNCIL POLICY:              Medical Centre Policy (Clause 22.07)

ZONING:                               General Residential Zone

OVERLAY:                            Development Contributions Plan Overlay (DCPO3)

REFERRAL:                          Nil

OBJECTIONS:                      Seven (including one petition and one group objection)

RECOMMENDATION SUMMARY

THAT Council resolve to approve Planning Application No. 717260 and issue a Notice of Decision to Grant a Permit for the use of the land as a medical centre and associated works subject to conditions.

KEY FACTS AND / OR ISSUES

It is proposed to use the subject site for the purpose of a medical centre and associated works.

·    The medical centre proposes to operate with two specialist medical practitioners (obstetricians) at any one time.

·    The proposed hours of operation are Monday to Friday 9:00am to 5:00pm and Saturday 9:00am to 12:00 noon.

·    At the completion of the advertising period, the proposal received seven objections from local residents including one petition and one group objection.  The petition includes 23 signatures and the group objection includes 18 signatures.


 

Report

SITE AND SURROUNDING AREA

The subject site is located on the south side of Oxley Avenue, Bundoora approximately 90m west of Plenty Road (see Attachment 1).  The land is an irregular shaped allotment with a street frontage to Oxley Avenue of approximately 18m, a depth of approximately 44m and a total site area of approximately 705m2.  The land is relatively flat and devoid of any significant vegetation.  One small native tree exists within the front setback of the property.

The subject site is situated within an established residential area of Bundoora with the surrounding area generally characterised by contemporary style single and double storey dwellings with detached carports/garages located either within rear setbacks or along the side boundaries of these properties.  The adjoining properties to the east and west of the site each contain a single storey dwelling with the usual outbuildings associated with residential land use and the property to the south is occupied by the Northpark Private Hospital, comprising a number of buildings and associated car parking.  The surrounding local road network exhibits traffic management measures in the form of speed humps and restricted parking (particularly along Oxley Avenue) to slow down traffic and to manage parking within the immediate surrounds.

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

 

·        Northpark Private Hospital (0m south).

·        Dorevitch Pathology Clinic (70m east).

·        Bus routes 382, 566 and 955 (on Plenty Road 100m southeast).

·        Tramline 86 – Bundoora RMIT –  City (on Plenty Road 120m southeast).

·        Bundoora Endoscopy Centre (190m south).

·        Bundoora Square Shopping Centre (500m southwest).

restrictions and easements

The site is legally described as Lot 6 on Plan of Subdivision 097752.  Covenant F114489 applies to the land and requires that no more than one building other than a single dwelling house with the usual outbuildings to be constructed on the land and that the walls of the single dwelling to be of no other material than brick, brick-veneer or stone.

Written legal advice submitted by the applicant provides that the Covenant’s clear objective as far as the number of buildings allowed to be constructed on site, is to prevent the development of multiple dwellings on the land.  The proposal therefore does not breach the above Covenant, as the application is for a change of use as well as minor buildings and works associated with the construction of a disabled access ramp.  In terms of the minor buildings and works, pursuant to Clause 62.02-2 of the Whittlesea Planning Scheme, a disabled access ramp does not require a planning permit.

Proposal

It is proposed to use the existing dwelling on the subject land for the purpose of a medical centre.  The proposal also includes alterations and additions to the existing building and the construction of a car park to the rear of the property.

Use

Two (2) practitioners will operate from the site at any one time and one support staff will also be employed.


 

The proposed hours of operation are:

Monday to Friday                      9:00am to 5:00pm

Saturday                                    9:00am to 12:00 noon

Buildings and Works

The existing internal dwelling layout will be reconfigured to provide a waiting room/reception area, two consulting rooms, an office, storage area, a kitchen and toilet amenities including one disabled toilet.  A ramp with a minimum gradient of 1:14 is to be constructed along the north and east elevation of the building or accessibility purposes.

Car parking

The existing garage on the site will be used for storage purposes within the rear portion of the land.  Eight (8) car parking spaces are proposed to be constructed on site including seven spaces to the rear of the existing building (five adjoining spaces with two in a tandem arrangement) and one car parking space within the front setback for people with disabilities.  Access to the car park will be via the existing concrete crossing and internal driveway along the eastern property boundary.

Signage

A business identification sign is proposed along the north elevation of the existing building.  The sign will display the medical centre’s business name ‘Oxley St Clinic’ and comprise dimensions of 1.5m x 1.0 with a total advertisement area of 1.5m2.

Public Notification

Advertising of the application has resulted in seven objections being received including one petition with 23 signatures and a group objection with 18 signatures (all from local residents along Oxley Avenue).  The grounds of objection can be summarised as follows:

1.       Inappropriate car park layout on site.

2.       Impact on existing on-street car parking.

3.       Increased traffic.

4.       Increased noise.

5.       Inappropriate use within a General Residential Zone.

6.       Precedent for other similar land uses.

7.       Impact on existing neighbourhood character.

PLANNING ASSESSMENT

The following State and Local Planning Policies are considered relevant to this application.

State Planning Policy Framework

Clause 17.01 - Commercial

 

The objective of Clause 17.01-1 (Business) is ‘to encourage development which meets the communities’ needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities’.

 

Clause 19.02 – Community Infrastructure

 

Clause 19.02-1 (Health Facilities) aims ‘to assist the integration of health facilities with local and regional communities’.

 

The proposal will provide a benefit to the local community by delivering a specialised health service that will complement the existing health services within the locality such as Northpark Private Hospital and Melbourne Pathology Bundoora.

Local Planning Policy Framework

Clause 22.07 – Medical Centre Policy

 

Clause 22.07 applies to the establishment of medical centres within the municipality.  The objective of this policy is ‘to achieve well designed, quality medical centres, which are suitably located and do not have a negative impact on residential amenity’.

 

An assessment of the proposal against the requirements of this policy is detailed below:

·     Medical Centres that serve the local population are encouraged to locate within residential areas.  Larger multi practice medical centres that serve a broader population catchment are encouraged to locate within or near activity centres.

The medical centre is of a residential scale given that it will occupy an established dwelling and will serve the local population.  The site is also within close proximity to a number of health care clinics, the private hospital, the Bundoora Square Shopping Centre and other surrounding retail and commercial land uses.

·     Co-location and integration of medical centres with local activity centres and other non-residential land uses in residential areas is encouraged.  Medical Centres are encouraged to locate adjacent to or in proximity to other community support facilities such as schools, pre-schools, open space, child care centres, and recreational facilities.

As noted above, the site is located in proximity to a range of services and facilities.

·     24 hr Medical Centres are not encouraged within residential areas but rather should be part of an activity centre.

The proposal is not for a 24 hour medical centre.  The proposed hours of operation of the medical centre are Monday to Friday, 9:00am to 5:00pm and on Saturday 9:00am to 12:00 noon.

·     To minimise impacts on residential amenity and enhance access, establishment of Medical Centres on main roads and collector roads are encouraged.  Establishment of Medical Centres within cul-de-sacs is discouraged.

The proposed medical centre is located on a local road (Oxley Avenue) that has direct access to a Road Zone (Plenty Road).

·     Medical Centres should be located in proximity to public transport routes.

The medical centre is located in proximity to public transport routes, namely Bus Routes 382, 566 and 955 along Plenty Road to the east of the site.  The site is also within proximity to the tramline along Plenty Road.

·     The scale and appearance of the Medical Centre is to be consistent with the site characteristics and location and surrounding land uses.  In residential areas medical centres should have a residential scale, height and building form, which is sympathetic to the character of adjoining dwellings and the streetscape.

The single storey element of the medical centre is consistent with the single storey residential scale, height and building form of the surrounding land uses.

·     Access to and from the site is to be designed in such a way as to allow the safe and efficient movement of vehicle and pedestrian traffic.

It is proposed to use the existing concrete crossover located within the northeast corner of the site.  The existing driveway will be extended to provide vehicular access to the rear car park area.

Council’s Traffic Engineers have reviewed the proposal and have no objection to the design of the car park layout proposed to facilitate the medical centre.  Notwithstanding, planning officers consider the two tandem car parking spaces proposed within the rear car park should be designated for ‘staff only’ to minimise any issues associated with vehicle movement for visitors on site.  This can be addressed via a condition on any permit that is issued for a revised car parking layout plan to be submitted to the satisfaction of Council.

·     Adequate car parking for staff and patients is to be provided on-site to eliminate any demand for off-site and on-street car parking.

Pursuant to Clause 52.06 (Car Parking) of the Scheme, a medical centre requires five car spaces for the first person providing health services and three car spaces for each subsequent person providing health services.

 

Subject to appropriate allocation and management of the tandem parking spaces through conditions of any permit issued, the proposal meets the above statutory parking requirements.  The medical centre will operate with two medical practitioners (obstetricians) on site at any one time.  The proposal therefore generates a requirement for 8 car parking spaces to be provided on site.  The proposed car park layout submitted shows a total of 8 car spaces will be provided on site (including one disabled car space). 

 

·     Landscaping be provided to protect the amenity of adjoining and nearby residential dwellings.  Landscaping of car parking areas should also aim to screen any car parking areas adjacent to residential boundaries.

The proposal allows for an appropriate amount of space for landscaping and a condition of any permit issued will require the submission and approval of a landscape plan.

·     Car parking is encouraged to be located in the front setback of the medical centre.

Given the need for at least 8 car parking spaces on site, it is not possible to provide for all car parking within the front setback of the medical centre.  As a result, the proposed car parking area is located to the rear of the medical centre, placing it in proximity to the secluded private open space areas of the two dwellings on the adjoining property to the east of the site.  It is considered that the provision of an acoustic style fence or appropriate screen planting along the length of the east and west title boundaries, will minimise potential noise pollution emanating from the subject site.


 

·     Any signage is to be sympathetic to the surrounding area.

The proposal includes a modest business identification sign with a total advertisement area of 1.5m2 to be displayed on the north elevation of the existing building.  The sign will not be internally illuminated.

·     Proposals should fulfil a demonstrated need.

The applicant has provided in writing that the two specialists in Obstetrics and Women’s reproductive science and health services are currently based at the adjoining Northpark Private Hospital.  The practitioners are required to consult with their patients at the nearby Northpark Private Hospital Consulting Suites however these facilities are no longer adequate and the practitioners now require separate dedicated consulting rooms.

Zoning and Overlays

Clause 32.08 – General Residential Zone (GRZ1)

The General Residential Zone provides for educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.  Pursuant to Clause 32.08-2, a planning permit is required for a medical centre that does not adjoin or have access to, a road in a Road Zone.  The subject site does not adjoin or have direct access to a road in a road Road Zone and therefore requires planning approval.

 

The subject site is considered to be an appropriate location for a medical centre.  The proposed use will operate with a maximum number of two specialised medical practitioners (obstetricians) at any one time which is considered to be of a scale that will primarily serve the local community.  Additionally, given the minor external changes to the building, the medical centre will complement the surrounding residential and commercial land uses in the locality.

Clause 45.06 - Development Contributions Plan Overlay (Schedule 3)

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 contributions for drainage infrastructure for non-residential development at a rate of $4.02 per square metre of any additional impervious floor area created.  This rate is subject to the Consumer Price Index at the time of payment.  As no additional floor area is to be created, this levy is not applicable to this proposal.

Particular Provisions

Clause 52.05 – Advertising Signs

The purpose of the Advertising Provision is:

 

§  To regulate the display of signs and associated structures.

§  To provide for signs that are compatible with the amenity and visual appearance of an area, including the existing or desired future character.

§  To ensure signs do not contribute to excessive visual clutter or visual disorder.

§  To ensure that signs do not cause loss of amenity or adversely affect the natural or built environment or the safety, appearance or efficiency of a road.

 

The General Residential Zone provisions specify that Category 3 advertising controls apply.  The aim of this category is to ensure that signs in high-amenity areas are orderly, of good design and do not detract from the appearance of the building on which a sign is displayed or the surrounding area.  Pursuant to Clause 52.05-9 of the Scheme, a business identification sign requires a planning permit.

 

The proposed advertising consists of the following:

 

Sign type

Description

Size

Business Identification

Non-illuminated panel sign displayed on the north elevation of the existing building

1.5m x 1.0m

 

The proposed non-illuminated business identification sign is considered to be of a modest size and design that will not detract from the subject site or cause any visual amenity loss to the surrounding residential land uses.  

Clause 52.06 – Car Parking

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

Proposed Use

Clause 52.06

Car Parking Rate

Size/No.

No. of Spaces required

No. of Spaces provided

Total Planning Scheme Shortfall

Medical Centre

 

 

5 to the first person providing health services plus 3 to every other person providing health services

2 practitioners

8

8

0

Total

8

8

0

Based on the above assessment and subject to the inclusion of conditions on any permit issued that appropriately allocated and manages the parking at the rear as a result of the use of tandem spaces, the proposal provides sufficient car parking on site. 

Comments on Grounds of Objection

Inappropriate car park layout on site.

The proposed car park layout has been reviewed by Council’s Traffic Engineers who have provided no objection to the proposal.  Planning officers do however consider that the two car parking spaces 6 and 7 proposed in a tandem arrangement with car parking spaces 2 and 3 should be designated for ‘Staff Only’ use to minimise any issues associated with vehicle movement for visitors on site.  This can be addressed via a condition on any permit that is issued.

Impact on existing on-street car parking.

The proposal provides for sufficient car parking on site as per the requirements of Clause 52.06 (Car parking) of the Whittlesea Planning Scheme.  The car park layout plan is considered to be functional by Council’s Traffic Engineers and with the submission of a signage and line marking plan, visitors will be appropriately accommodated on site, reducing the need to utilise the existing on-street car parking.

It is proposed to use the existing crossover located along Oxley Avenue.  Pursuant to Clause 52.06 (Car Parking) of the Whittlesea Planning Scheme, the development requires visibility splays to provide a clear view of pedestrians on the footpath along Oxley Avenue.  This issue can be addressed by a condition on any permit that is issued.

 

Increased traffic.

The proposed medical centre is not expected to create an unreasonable impact on traffic in the area.  All consultations will be strictly on an ‘appointment-only’ basis for a specified time and prearranged duration of approximately 30 minutes. Given both obstetricians will be attending patients in hospital for theatre work and post-op recovery, consultations with patients will be limited to one full-day and several half-days per week.  The specialists will therefore not be present for consultations each day and often will not be on the premises at the same time.

 

Additionally, to address previous traffic concerns raised by local residents within the immediate surrounds, speed humps were installed to slow down traffic and parking restrictions and line-markings along the southern side of Oxley Avenue were installed to address on-street car parking issues.   

Increased noise.

It is considered that the proposed operating hours of Monday to Friday 9:00am to 5:00pm and Saturdays 9:00am to 12:00 noon are appropriate given that the site is within an established residential area.  It should be noted that the whilst the proposed rear car park area abuts secluded private open space areas and habitable rooms of the adjoining properties to the east and west of the site, these properties already experience some level of noise pollution emanating from the abutting land use associated with the Northpark Private Hospital. 

 

Notwithstanding, the provision of an acoustic fence and/or appropriate screen planting along the east and west property boundaries, with all costs to be borne by the applicant, can reduce potential noise pollution emanating from the proposed medical centre use.

 

The above issues can be addressed by a condition on any permit that is issued.

Inappropriate use within a General Residential Zone.

Local Planning Policy (Clause 22.07 - Medical Centre Policy) encourages medical centres that serve the local population to locate within residential areas.  The zoning allows for a range of other non-residential uses to serve local community needs in appropriate locations and the medical centre will make use of an existing dwelling at a small scale.  The subject site is in an appropriate location and will provide for a specialist health service in obstetrics.  The proposed use will be within close proximity to various other health providers creating a synergy of health services that will be provided for the community.

Precedent for other similar land uses.

The approval of a use or development does not mean that future use or development will be approved, as each application must be assessed on its merits based on the existing features of the subject land as well as the surrounding environment.

Impact on existing neighbourhood character.

The site is within a locality characterised by both residential and commercial land uses.  The minor external changes to the building will ensure that the residential scale and design of the building will be consistent with that of the surrounding land uses.  Appropriate landscaping will be provided on site to ensure the visual amenity on the existing streetscape is not reduced due to the proposed change of use.

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

This application was assessed against the Whittlesea Planning Scheme and in particular the provisions outlined in Clause 22.07 (Medical Centre Policy).  The proposal is considered to be generally consistent with Council’s Medical Centre policy and the purpose of the General Residential Zone (GRZ1). 

Minor variations to the car park layout will ensure that the medical centre provides sufficient and functional car parking on site and will not require a reduction in the required car parking rate.  The specialist nature of the proposed medical centre and the existing traffic management measures i.e speed humps and parking restrictions along Oxley Avenue will ensure traffic related impacts associated with the proposed medical centre use will be minimal.

Appropriate screen planting and/or an acoustic style fence along the east and west property boundaries should minimise amenity impacts on the surrounding properties in terms of noise emanating from the medical centre use.  Accordingly, it is considered that the proposed use of the site as a medical centre and associated works on the land be approved subject to appropriate conditions.

 

Recommendation

THAT Council resolve to approve Planning Application No. 717260 and issue a Notice of Decision to Grant a Permit for use of the land for a medical centre and associated works in accordance with the endorsed plans and subject to the following conditions:

Amended Plans

1.       Before the use and development 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 19 December 2017 and prepared by Mont-Eltham Drafting Building Designers but modified to show:

a.      The installation of signage and line marking within the car park area.  The plan must clearly define staff and visitor car parking areas.  A sign must be provided at the entrance to the property.

b.      Car parking spaces 6 and 7 designated for ‘Staff Only’ use.

c.      An acoustic style fence and appropriate screen planting along the east and west property boundaries.

d.      Visibility splays along the accessway in accordance with the design standards of Clause 52.06-9 of the Scheme.

e.      A landscape plan in accordance with Condition 4.

 

Number of Practitioners

2.       The use hereby permitted shall be restricted to two (2) practitioners at any one time, unless with the prior written consent from the Responsible Authority.

Hours of Operation

3.      The use may operate only between the hours of:

   Monday to Friday                  9:00am to 5:00pm

   Saturday                                9:00am to 12:00 noon

Landscape plan

4.       Concurrent with the endorsement of plans under Condition 1 and before the use and development permitted commences, three copies of a landscape plan prepared by a suitably qualified landscape designer to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority.  When approved, the plan will be endorsed and will then form part of this permit.  The plan must show:

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

b.      The area or areas set aside for landscaping;

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

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

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

f.       Appropriate irrigation systems;

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

5.       Before the release of the endorsed plan, a $1,000 landscape bond must be lodged with the Responsible Authority to ensure the completion and maintenance of landscaped areas and such bond will only be refunded after a period of 13 weeks from the completion of all works, provided the landscaped areas are being maintained to the satisfaction of the Responsible Authority.

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

Medical waste disposal

7.      The permit holder must ensure that all prescribed medical waste be disposed of via an authorised collection/disposal agency, to the satisfaction of the Responsible Authority.

General amenity

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

9.       The amenity of the area must not be detrimentally affected by the use through the:

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

          b.      Appearance of any building, works or materials;

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

          d.      Presence of vermin.

10.     Noise levels associated with the use and/or development must at all times comply with the State Environment Protection Policy (Control of Noise from Industry, Commerce and Trade) No. N-1.

11.     Noise emissions from any equipment required for refrigeration, air-conditioning, heating, ventilation and the like must comply with State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1 and/or Environment Protection (Residential Noise) Regulations 1997 and/or Environment Protection Authority Noise Control Guidelines TG 302/92, whichever is deemed to be appropriate by the Responsible Authority.

12.     Ensure that access to and within the building is in accordance with the suite of Australian Standards 1428 and in line with the spirit and intent of the Disability Discrimination Act (1992).

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

14.     Before the use and/or development starts, areas set aside for parked vehicles and access lanes as shown on the endorsed plan must be:

          a.       Constructed to the satisfaction of the Responsible Authority;

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

          c.       Surfaced with fully sealed material including asphalt, coloured concrete, coloured patterned concrete, interlocking paving, bricks or other materials to the satisfaction of the Responsible Authority;

          d.      Drained and maintained to the satisfaction of the Responsible Authority;

          e.       Line-marked to indicate each car space and all access lanes to the satisfaction of the Responsible Authority.

          Parking areas and access lanes must be kept available for these purposes at all times.

15.     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.

16.     Outdoor lighting must be designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect to adjoining land.

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

18.     Vehicles under the control of the operator of the use or the operator’s staff must not be parked on the nearby roads.

19.     The loading and unloading of goods from vehicles must at all times be carried out within the specified loading area on the site.

20.     No fewer than 8 car spaces must be provided on the land.

21.     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.

22.     Provision must be made within the car park on the site to the satisfaction of the Responsible Authority for one (1) car parking space clearly marked for the disabled.

23.     Before the use allowed by this permit starts, landscaping works shown on the endorsed plan must be completed and then maintained to the satisfaction of the Responsible Authority.

24.     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.

25.     Adequate provision shall be made for the storage and collection of garbage and other solid wastes within the curtilage of the site.  This area shall be properly graded and drained, and screened from public view to the satisfaction of the Responsible Authority.

26.     The site shall at all times be kept in a neat and tidy condition to the satisfaction of the Responsible Authority.  Any litter shall be immediately removed from the site and surrounding area at the written direction of the Responsible Authority.

27.     The permit holder must promptly remove or obliterate any graffiti on the subject site which is visible to the public and keep the site free from graffiti at all times to the satisfaction of the Responsible Authority.

Signage

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

29.     The sign must contain any flashing or moving light, to the satisfaction of the Responsible Authority.

30.     The sign must not be illuminated by external or internal light.

31.     The sign must be constructed and maintained to the satisfaction of the Responsible Authority.

32.     Unless approved in writing by the Responsible Authority, this permit as it relates to signage will expire 15 years from the date of issue.

Expiry

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

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

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

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

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.

Council’s Public Health Department Approval

Prior to commencing any development on the site associated with this permit, the permit holder must contact Council’s Public Health Department to determine whether approval for the use or development is required pursuant to the provisions of the Health Act.

 

 

 


Ordinary Council Agenda                                                                                   Tuesday 5 June 2018

 

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Ordinary Council Agenda                                                                                                          Tuesday 5 June 2018

 

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Ordinary Council Agenda                                                                      Tuesday 5 June 2018

 

6.1.2    24 MARSDEN COURT, MILL PARK - CONSTRUCTION OF TWO DWELLINGS

File No:                                  717327

Attachments:                        1        Locality Map

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer   

 

APPLICANT:                         Archsign PTY LTD

COUNCIL POLICY:              Nil

ZONING:                               General Residential Zone

OVERLAY:                            Development Contributions Plan Overlay

REFERRAL:                          Nil

OBJECTIONS:                      23

RECOMMENDATION SUMMARY

THAT Council resolve to approve Planning Application No. 717327 and issue a Notice of Decision to Grant a Permit for a multi-dwelling development comprising the construction of two dwellings subject to conditions.

KEY FACTS AND / OR ISSUES

·    The application proposes the construction of two double storey dwellings in a duplex (attached side by side) arrangement.

·    The application was advertised, which resulted in 23 objections being received.  The concerns raised were related to neighbourhood character, traffic, parking, noise, overshadowing, overlooking, property devaluation and general loss of amenity.

·    The proposal is consistent with all relevant objectives and standards which were raised as objections. Whilst the double storey built form is not common in the immediate context, the design response has considered the amenity of the adjoining properties and responded to the constraints of the site appropriately..

·    The proposal demonstrates a satisfactory level of compliance with the relevant provisions of the Whittlesea Planning Scheme, particularly in relation to Clause 55 (ResCode) and Council’s Housing Diversity Strategy.

 

Report

SITE AND SURROUNDING AREA

The subject site is a residential property located on the west side of Marsden Court, approximately 200m east of Pindari Avenue, Mill Park (see Attachment 1).

 

The land has a moderate fall of 600mm that runs from the east to the west of the lot. The site is regular in shape with a street frontage to Marsden Court of 16.1m, a depth of 33.0m and a total site area of approximately 531m2.

 

The site currently contains a detached single storey dwelling constructed of brick with a pitched tiled roof, a free standing double space carport located along the north property boundary and a shed to the rear of the dwelling. Vehicle access is provided via an existing concrete crossing along the site’s street frontage.  There is no vegetation of significance on the land.

 

The immediate surrounding area is largely characterised by single storey dwellings with the usual outbuildings associated with residential land use.  Examples of medium density development in the general area include numerous sites along Romano Avenue and a dual occupancy at 4 Callan Court, Mill Park.

 

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

 

·    Bus Route 569 – Epping Plaza Shopping Centre to South Morang (150m southwest)

·    Kalman Park (150m north)

·    Mill Park Recreation Reserve (170m southeast)

·    Kalman Road Early Learning Centre (300m north)

·    Mill Park Heights Primary School (480m southwest)

·    Mill Park Heights Kindergarten (600m southeast)

restrictions and easements

The site is legally described as Lot 481 on Plan of Subdivision 214311F.  Covenant R666090W applies to the land and requires dwellings on the land to be constructed substantially of brick or brick veneer.  The proposed dwellings have been designed with at least 75% of the external walls to be constructed of brick.

The site is also constrained by two drainage and sewerage easements along the south and west property boundaries.  A garage is proposed to be built over the 2.0m wide easement along the south property boundary.

Proposal

It is proposed to construct two side-by-side double storey dwellings on the subject land (see Attachment 2).

The dwellings have been designed in a mirror image of each other and comprise one bedroom, an open plan kitchen/dining/living area, a study, laundry and powder room at ground level.  At first floor level, the dwellings will comprise three bedrooms (master with ensuite and a walk in robe) and a bathroom.

The dwellings will be constructed in a contemporary design with the use of facebrick extending in part to both levels, light weight rendered walls and timber cladding in part at the upper levels, pitched hipped rooves with eaves and concrete roof tiles, as well as Colorbond garage doors and other components.

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

 

Height/Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

Dwelling No. 1

Double storey

4

6.2m front (east)

1.2m side (north)

5.5m rear (west)

87m2 including 43m2 of secluded private open space

Single space garage with dimensions of 3.5m x 6.0 plus a tandem open car space

7.8m

Dwelling No. 2

Double storey

4

6.4m front (east)

2.0m side (south)

5.2m rear (west)

112m2 including 58m2 of secluded private open space

Single space garage with dimensions of 3.5m x 6.0 plus a tandem open car space

8.0m

Public Notification

Advertising of the application has resulted in 23 objections being received.  The grounds of objection can be summarised as follows:

1.       Change to existing neighbourhood character

2.       Increased traffic and on-street car parking

3.       Precedent for future development

4.       Overlooking

5.       Overshadowing

6.       Overdevelopment of the site

7.       Insufficient on-site car parking

8.       Increase in noise pollution

9.       Property devaluation

10.     Inappropriate landscaping proposed along boundaries

11.     Amenity loss during construction period.

HOUSING DIVERSITY STRATEGY

The Housing Diversity Strategy (HDS) was introduced into the Whittlesea Planning Scheme (WPS) via Planning Scheme Amendment C181, gazetted on 22 October 2015. The Strategy 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 WPS 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.

 

ü - Compliance
× -  Non compliance

Objectives

Standards

Comments

B1

Neighbourhood Character

ü

ü

The proposed development responds appropriately to the emerging neighbourhood character whilst remaining respectful of the existing character through the use of materials and design elements found locally.

B2

Residential Policy

ü

ü

The HDS nominates this site as being within the Suburban Residential Change Area.

The proposed development is consistent with the preferred density and key design principles outlined in the HDS, including standard site coverage to facilitate landscape opportunities, generous private open space to allow for significant landscaping, front and rear setbacks that provide for a large canopy tree.  Whilst the development proposes a double storey built form in a predominantly single storey area, double and single storey dwellings have co-existed across much of the State for many years and are considered consistent with one another and of an appropriate scale from a character perspective.

B3

Dwelling Diversity

N/A

N/A

Only applicable to developments of ten (10) or more dwellings

B4

Infrastructure

ü

ü

 

B5

Integration with the street

ü

ü

 

B6

Street setback

ü

x

A minor variation is required to the street setback standard which requires a front setback of 6.4 m for the development (being the average of 6.1m and 6.7m).  The proposed setback of the two dwellings varies between 6.25m for the dwelling to the north (adjacent to the one with 6.1m) and 6.49m for the dwelling on the southern side (adjacent to the one at 6.7m).  This provides an appropriate transition and is considered acceptable.

B7

Building height

ü

ü

 

B8

Site coverage

ü

ü

 

B9

Permeability

ü

ü

 

B10

Energy efficiency

ü

ü

 

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

ü

ü

 

B13

Landscaping

ü

ü

The landscape plan submitted with the application shows canopy trees within the front and rear setbacks of the development consistent with the key design principles of Council’s Housing Diversity Strategy for the Suburban Residential Change Area.

B14

Access

ü

ü

 

B15

Parking location

ü

ü

 

B17

Side and rear setbacks

ü

ü

 

B18

Walls on boundaries

ü

ü

 

B19

Daylight to existing windows

ü

ü

 

B20

North-facing windows

ü

ü

 

B21

Overshadowing open space

ü

ü

The shadow diagrams submitted show that Dwelling 2 will cause some overshadowing onto an entertaining area within the adjoining property to the south in the afternoon around 3pm.  Notwithstanding this, the shadow does not reach the area until between 1-2pm with a majority of the open space on the adjoining property having no shadow at all, easily complying with the standard.

B22

Overlooking

ü

ü

 

B23

Internal views

ü

ü

 

B24

Noise impacts

ü

ü

 

B25

Accessibility

ü

ü

 

B26

Dwelling entry

ü

ü

 

B27

Daylight to new windows

ü

ü

 

B28

Private open space

ü

ü

 

B29

Solar access to open space

ü

ü

 

B30

Storage

ü

ü

 

B31

Design detail

ü

ü

 

B32

Front fences

ü

ü

 

B33

Common property

ü

ü

 

B34

Site services

ü

ü

 

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

4

2

2

Yes

2

4

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.

The garage for Dwelling 2 is proposed to be constructed over and in the middle of an existing 2.0m wide drainage and sewerage easement along the south boundary.  No evidence of approval to build over and within the easement has been provided and would be unlikely as the garage is part of the main double storey house and would therefore place great weight and pressure on any assets within the easement.  Moreover, as the garage is part of the house it cannot be converted to a carport.  Accordingly, a condition should be included on any permit that is issued that requires the submission of revised plans to show the entire garage moved north away and outside of the easement.

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 contributions for drainage infrastructure for medium density residential development at a current rate of $2.19 per square metre of the total site area. This requirement must be included as a condition on any planning permit that is issued.

Comments on Grounds of Objection

1.       Change of existing neighbourhood character

State and Local Planning Policies, as well as the zoning of the land and Council’s Housing Diversity Strategy all support and encourage the provision of further housing options to the residents of the community.  In support of broader strategic objectives, the proposal is solely to allow for one additional dwelling which is respectful in terms of intensification of densities within the Mill Park area.

Notwithstanding the fact that the area is generally characterised by single storey dwellings, a double storey dwelling design does not inevitably mean that it is inconsistent with the neighbourhood character. The design features characteristics common within the street such as eaves, a pitched tiled roof, an articulated second storey that is generously setback, and utilises building materials found within the street.

 

2.       Increased traffic and on-street car parking

Marsden Court is classified as a local road that is expected to experience reasonable levels of local traffic from the surrounding road network.  The road has a carriageway that is 6.5m wide which allows on-street parking and traffic flow in both directions. The proposed development is not expected to cause a significant increase in on-street parking given that it provides an appropriate rate of car spaces to meet State Planning Policy Requirements.

3.       Precedent for future development

The approval of a development does not mean that future developments will be approved, as each application must be assessed on its merits based on the existing features of the subject land as well as the surrounding environment.

4.       Overlooking

The proposal includes appropriate screening to habitable room windows at the first floor level of each dwelling in accordance with the requirements of the planning scheme.

5.       Overshadowing

Concerns were raised by the adjoining property to the south that their recently constructed pergola/entertainment area will be overshadowed by the proposed development.  The shadow diagrams submitted show that Dwelling 2 will cause some overshadowing onto an entertaining area within the adjoining property to the south in the afternoon around 3pm.  Notwithstanding this, the shadow does not reach the area until between 1-2pm with a majority of the open space on the adjoining property having no shadow at all, easily complying with the standard.

6.       Overdevelopment of the site

There are various considerations in understanding whether a proposed development is an overdevelopment of a site or not, especially understanding whether there is general compliance with the standards and objectives of ResCode.  The proposal provides sufficient car parking, generous private open space areas and meets the site coverage and permeability requirements, and is therefore considered appropriate for the site.

7.       Insufficient on-site car parking

Clause 52.06-5 of the Whittlesea Planning Scheme, relates to parking provision and aims to ensure that car parking does not adversely affect the amenity of the locality.  This Clause requires the provision of two car spaces for each three or more bedroom dwelling.  The dwellings each comprise four bedrooms and have been provided with two car spaces.  The proposal therefore complies with the required car parking rate.

8.       Increase in noise pollution

Whilst some additional noise may be generated by virtue of an increase in the number of residents on the land, this is to be expected with medium density development and is an acceptable consequence of this form of development.


 

9.       Property devaluation

It has been consistently upheld by the Victorian Civil and Administrative Tribunal (VCAT) that loss of property values are not relevant planning considerations.

10.     Inappropriate landscaping proposed along boundaries

A landscape plan has been submitted with the application designed by a suitably qualified designer that shows low lying shrubs and small/medium trees along title boundaries.  The plan also shows that root control barriers will be included to avoid intrusion into adjacent areas or building foundations.

11.     Amenity loss during construction period.

Short term amenity impacts are not a relevant planning consideration and are managed under separate other laws through the Environment Protection Authority and other Council departments such as Environmental Health and Local Laws.

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 provides a satisfactory response to the requirements of the Whittlesea Planning Scheme and in particular Clause 55, Clause 52.06 and Council’s Housing Diversity Strategy.  The proposal meets the preferred density and key design principles of Clause 21.09-4 of the Whittlesea Planning Scheme (Suburban Residential Change Area) and should therefore be approved, subject to conditions.

 

Recommendation

THAT Council resolve to approve Planning Application No. 717327 and issue a Notice of Decision to Grant a Permit for the construction of two dwellings in accordance with the endorsed plans and subject to the following conditions:

Payments Required

 

1.       Prior to the endorsement of plans, 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.

 

Plans Required

 

2.       Before the development and/or use hereby permitted starts, three copies of amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of this permit. The plans must be generally in accordance with the plans dated March 2018 Job No. 16265 prepared by Archsign but modified to show:

a.       The proposed garage for Dwelling 2 constructed outside the existing easement along the south property boundary (no part to be within the easement) and an associated recession and setback of 1m between the ground and the first floor level of Dwelling 2 on the southern side.

b.      Removal of all south facing eaves that project over the easement or provide evidence of building over easement approval from the relevant authorities.

Layout Not Altered

 

3.       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.

 

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

 

Landscaping

 

5.       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.

 

Actions Before Use Commences

 

6.       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.

 

7.       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.

 

8.       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.

 

9.       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.

 

10.     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.

 

11.     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.

 

 

12.     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.

 

Waste Management

 

13.     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.

 

14.     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.

 

15.     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.

General Amenity – Construction works

 

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

 

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

b.    Appearance of any building, works or materials;

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

d.    Presence of vermin.

 

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/tenancy as follows:

Dwelling 1                  24A Marsden Court, Mill Park

Dwelling 2                  24 Marsden Court, Mill Park

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

 

 


Ordinary Council Agenda                                                                                   Tuesday 5 June 2018

 

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Ordinary Council Agenda                                                                                                          Tuesday 5 June 2018

 






Ordinary Council Agenda                                                                      Tuesday 5 June 2018

 

6.1.3    357 Childs road, mill park - construction of three dwellings and an alteration of access to a road in a road zone, category 1

File No:                                  716386

Attachments:                        1        Locality Maps

2        Architectural Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer   

 

APPLICANT:                         Nates Adams & Associates

COUNCIL POLICY:              Nil

ZONING:                               General Residential Zone

OVERLAY:                            Development Contributions Plan Overlay

REFERRAL:                          VicRoads

OBJECTIONS:                      One

RECOMMENDATION SUMMARY

THAT Council resolve to approve Planning Application No. 716884 and issue a Notice of Decision to Grant a Permit for a multi-dwelling development comprising the construction of three dwellings and alteration of access to a road in a Road Zone Category 1 subject to conditions.

KEY FACTS AND / OR ISSUES

·    It is proposed to construct three double storey dwellings and alter the access to Childs Road. The proposal demonstrates a satisfactory level of compliance with the relevant provisions of the Whittlesea Planning Scheme and Council’s Housing Diversity Strategy.

 

·    The application was advertised, which resulted in one objection being received.  The concerns raised were related to overshadowing, overlooking, drainage concerns, and property devaluation, to which the proposal appropriately addresses.

 

·    The original design that sought the construction of a second access point to Childs Road raised concerns with VicRoads, and the application was subsequently amended to delete the second access.  VicRoads offered no objection to the amended design and layout.

 

·    At its meeting on 3 April 2018, Council resolved to defer a decision on the application, to allow for further exploration with VicRoads and the applicant of options associated with vehicle access and internal movements. VicRoads provided further advice on 6 April 2018 reiterating that every additional access point is a potential point of conflict and that any accessway must be designed so that all vehicles can exit the site in a forward direction, to which the current design allows for.  The previous design with a second access point required for the vehicles associated with the Dwelling No. 1 car spaces to reverse out onto Childs Road.

 

Report

SITE AND SURROUNDING AREA

The subject site is a residential property located on the south of Childs Road, Mill Park, approximately 120m southeast of the Mill Park Stables Shopping Centre (see Attachment 1).

 

The land has a fall of 2.8m that runs from the north to the south of the lot. The site is regular in shape but has a slight diagonal frontage of 18.5m to Childs Road and a maximum depth of 36.6m. The site has a total site area of approximately 664m2.

 

The site currently contains a detached single storey dwelling constructed of rendered brick with a pitched and tiled roof. The presentation to the street is comprised of the existing driveway, lawn, and a 1.4m high picket fence. There is a large nature strip tree immediately fronting the property.

 

The surrounding area is largely characterised by a variety of detached single and double storey dwellings. The adjoining properties immediately to the east, west, and south of the site are all single storey dwellings with pitched and tiled roofs.

 

Examples of medium density development in the general area include 6 Corrigan Place, 2 Boyle Crescent and 12 Buckmaster Drive. 

 

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

 

Bus Route 383 – Palisades to University Hill (18m west)

 

·    Bus Route 564 – Bundoora RMIT to South Morang (18m west)

·    Bus Route 566 – Lalor to Northland (18m west)

·    Mill Park Stables Shopping Centre (120m northwest)

·    Redleap Reserve (170m north)

·    Dr Harry Jenkins Reserve (250m southwest)

·    St. Francis of Assisi Primary School (300m northwest)

restrictions and easements

The site is legally described as Lot 186 on Plan of Subdivision 118292. There are no encumbrances on title that preclude Council from making a decision.

 

A 2.5m wide easement traverses the rear of the property and contains Council drainage infrastructure. A garage is proposed to be built over this easement. This will be discussed later on in the report.

Proposal

It is proposed to construct three new double storey dwellings on the subject land (see Attachment 2).

Dwelling 1 will contain an open plan kitchen/meals/living area, two bedrooms, a study nook, amenities and an attached single garage.

Dwelling 2 will similarly contain an open plan kitchen/meals/living area, three bedrooms, amenities, an attached single garage, and a tandem open car space.

Dwelling 3 will also contain an open plan kitchen/meals/living area, two bedrooms, amenities and an attached single garage.

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

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

 

Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

Dwelling No. 1

Double storey

2

8.0m from the front boundary (north)

130m2 including 27m2 of secluded private open space

Single garage with dimensions of 3.5m x 6.0m

7.2m

Dwelling No. 2

Double storey

3

17.5m from the front boundary

44m2 including 32m2 of secluded private open space

Single garage with dimensions of 3.5m x 6.0m

 

Open car space with dimensions of 2.6m x 4.9m

7.0m

Dwelling No. 3

Double storey

2

27.3m from the front boundary

51m2 including 27m2 of secluded private open space

Single garage with dimensions of 3.5m x 6.0m

7.2m

Public Notification

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

1.       Overshadowing

2.       Overlooking

3.       Drainage concerns

4.       Property devaluation

HOUSING DIVERSITY STRATEGY

The Housing Diversity Strategy (HDS) was introduced into the Whittlesea Planning Scheme (WPS) via Planning Scheme Amendment C181, gazetted on 22 October 2015. The Strategy 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 WPS 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.

 

ü - Compliance
× -  Non compliance

Objectives

Standards

Comments

B1

Neighbourhood Character

P

P

 

B2

Residential Policy

P

P

The HDS nominates this site as being within the Neighbourhood Interface Change Area.

 

The proposed development is consistent with the preferred density and key design principles outlined in the HDS, including standard building heights, provision of sufficient area to allow for the planting of medium canopy trees in the front setback, and modest site coverage, private open space areas with dimensions that allow usability, and compliant setbacks.

 

B3

Dwelling Diversity

N/A

N/A

Only applicable to developments of ten (10) or more dwellings

B4

Infrastructure

P

P

 

B5

Integration with the street

P

P

 

B6

Street setback

P

P

 

B7

Building height

P

P

 

B8

Site coverage

P

P

 

B9

Permeability

P

P

 

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

Although the proposal is compliant with Standard B22, the stairs associated with Dwelling No. 3 has a window that could be used to overlook into the private open space area of the dwelling immediately to the south (7 Hales Court). Accordingly, revised plans requiring the subject window to be appropriately obscured will be included on any permit issued.

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

N/A

N/A

No front fence proposed

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

2

1

1

Yes

2

3

2

2

Yes

3

2

1

1

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.

The single garage proposed for Dwelling No. 3 is proposed to be built over an easement. The applicant has not provided relevant approval for this, and has indicated that it could be changed to a carport. Accordingly, a condition will be included on any permit issued providing evidence of permission to build over the easement or alternatively requiring this change to a carport with the necessary approval.

Pursuant to Clause 52.29, a permit is required to create or alter access to a road in a Road Zone, Category 1.

The original proposal sought to create an additional access point and concerns were raised by VicRoads.  As a result of amended plans, while no physical ‘alteration’ is now proposed, the intensification of use on the subject land is considered to trigger this permit requirement, consistent with the findings of the Victorian Civil and Administrative Tribunal’s (VCAT) decision in Peninsula Blue Developments Pty Ltd v Frankston CC (P36/2015).

 

Accordingly, the application was referred to VicRoads pursuant to Section 55 of the Planning and Environment Act 1987, and the following decision guidelines have been considered:

 

·    The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

·    The views of the relevant road authority.

·    The effect of the proposal on the operation of the road and on public safety.

·    Any policy made by the relevant road authority pursuant to Schedule 2, Clause 3 of the Road Management Act 2004 regarding access between a controlled access road and adjacent land.

In its initial advice, VicRoads had no objection or comments to make. Officers consider the proposal to be generally conventional in nature and typical of residential developments, where the impacts on Childs Road will be minimal as the associated use is technically solely an increase of two vehicles (as the existing dwelling has provision for two cars within a carport) accessing the site.

The submitted plans also demonstrate that the parking area allows for a vehicle to exit onto Childs Road in a forward direction, consistent with VicRoads’ latest advice provided after Council’s decision to defer a decision on the application on 3 April 2018.  VicRoads stated as follows:

The primary purpose of the declared road network is to provide for the safe and efficient movement of road traffic. Every vehicular access point on an arterial road is a potential point of conflict between various road users.

To maintain public safety and to avoid impact on the operational efficiency of the arterial road network, particularly in new developments, accessway must be designed so that all vehicles from the proposed development can enter and exit the site in a forward direction. This is also supported by Clause 52.06-9 of Whittlesea City Council Planning Scheme.

Accordingly, VicRoads does not support reversing out of vehicles onto Childs Road. 

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 contributions for drainage infrastructure for medium density residential development at a current rate of $2.19 per square metre of the total site area. This requirement must be included as a condition on any planning permit that is issued.

Comments on Grounds of Objection

1.   Overlooking

The proposal includes appropriate screening to habitable room windows located on the second storey of each dwelling that are in accordance with the requirements of Rescode. Further, a condition requiring the Dwelling No. 3 stairs to be appropriately screened will be included on any permit issued.

2.   Overshadowing

The shadow diagrams (see Attachment 3) demonstrate compliance with Rescode and while concern was raised at the loss of access to sunlight to neighbouring solar panels, the shadow diagrams demonstrate that the shadows cast don’t affect the solar panels in question.

3.   Drainage concerns

This is an issue that will be appropriately addressed through engineering, and relevant engineering plans. Standard permit conditions require the submission of such plans as part of the construction.

4.   Property devaluation

It has been consistently upheld by the Victorian Civil and Administrative Tribunal

(VCAT) that loss of property values are not relevant planning considerations. 

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 provides a satisfactory response to the requirements of the Whittlesea Planning Scheme and in particular Clause 52.06, 52.29, Clause 55, and Council’s Housing Diversity Strategy. The proposal meets the preferred density and key design principles of Clause 21.09-4 of the Whittlesea Planning Scheme (Neighbourhood Interface Change Area).

 

It is considered that the proposal will not result in unreasonable impacts on the character of the neighbourhood, surrounding residential properties, and can be accessed safely both internally and from Childs Road. It is therefore recommended that Council approve the application.

 

RecommeNdation

THAT Council resolve to approve Planning Application No. 716386 and issue a Notice of Decision to Grant a Permit for the Construction of three dwellings and an Alteration of access to a road in a Road Zone, Category 1, in accordance with the endorsed plans and subject to the following conditions:

Payments Required

1.       Prior to the endorsement of plans, 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.       Prior to the endorsement of the plans, or at such later date as the Responsible Authority may approve in writing, there shall be lodged with the Responsible Authority an amount of $600 as security deposit for the satisfactory completion and maintenance of the landscaping works hereby permitted.

Upon completion of the landscaping works to the satisfaction of the Responsible Authority, the Responsible Authority will refund the security deposit to the payee of the bond.

Plans Required

3.       Before the development and/or use hereby permitted starts, three copies of amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of this permit. The plans must be generally in accordance with the plans dated 22 October 2017 and prepared by Nates Adams & Associates but modified to show:

a)      A single carport in lieu of the single garage for Dwelling No. 3;

b)      The Dwelling No. 3 stair windows obscured in accordance with Standard B22 of Clause 55 of the Whittlesea Planning Scheme

c)      The location, size (width x depth x height) and maximum height above ground level of all electricity meters;

d)      The inclusion of corner splays in accordance with Clause 52.06 ‘Car Parking’ of the Whittlesea Planning Scheme;

e)      Landscaping as required by Condition 4 of this permit; and

f)       Schedule of external materials, finishes and colours.

4.       Concurrent with the endorsement of plans under Condition 3 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)      Details of landscaping for the front setback including a schedule of all proposed trees, shrubs and ground covers;

b)      The provision of 2 canopy trees with a (minimum) mature height of  8.0m planted at a semi-advanced state within the front setback of Dwelling 1;

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

d)      Consistency with the City of Whittlesea Landscape Guidelines (Residential Development).

Layout Not Altered

5.       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.

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

Landscaping

7.       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.

Actions Before Occupation of the Dwellings

8.       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.

9.       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.

10.     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.

11.     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.

12.     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.

13.     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.

14.     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.

15.     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.

16.     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.

17.     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.

General Amenity – Construction works

18.     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.

19.     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

20.     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 dwellings as follows:

Dwelling 1                 1/357 Childs Road, Mill Park

Dwelling 2                 2/357 Childs Road, Mill Park

Dwelling 3                  3/357 Childs Road, Mill Park 

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

 

 


Ordinary Council Agenda                                                                                   Tuesday 5 June 2018

 

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Ordinary Council Agenda                                                                      Tuesday 5 June 2018

 

6.1.4    2017/18 Third Quarter New Works Program Report

File No:                                  192600

Attachments:                        1        Financial Summary

2        Project Progress Report

3        Project Status Photos

4        Planning and Feasibility Status Report   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Business Support Officer   

 

RECOMMENDATION SUMMARY

1.       Note the report; and

2.       Approve the re-allocation of project funds within the 2017/18 New Works Program as follows;

·    Increase the budget for Project ID 1717 - Establishment of Additional Dog Off Leash Areas (Norris Bank) by $20,500 for installation of a drinking fountain and water meter.  Additional funding to be offset from Project ID 408 - Quarry Hills Regional Park Detail Design.  

·    Approve a budget of $150,000 to undertake supplementary works at Project ID 240 - Animal Welfare Facility.  The budget is to be funded from the Infrastructure Reserve, which includes $60,000 contribution previously made by the City of Darebin and Moreland City Council. 

KEY FACTS AND / OR ISSUES

This report provides an overview of the financial performance and status of the New Works Program at the end of the third quarter of the 2017/18 financial year with the following key points:

·    Value of work completed at the end of the third quarter is $26,963,258 compared to the year-to-date budget of $37,937,092.  Under expenditure is due to a number of projects being delayed however, projects should continue to progress and majority of projects completed within the anticipated timeframes.  There are contracts and purchase orders committing another $25,497,908 as at the 31 March 2018, which shows a good level of delivery preparedness for the remainder of the financial year.

 

Report

Introduction

This report provides an overview of the financial performance and status of the New Works Program at the end of the third quarter of the 2017/18 financial year.  The report outlines the following:

·    Financial summary of the 2017/18 New Works Program to 31 March 2018 indicating that 45% of the annual budget has been expended with a further 43% committed to date.

·    Detailed progress report on individual projects within the New Works Program;

·    Photos of the progress on some significant projects; and

·    An update on the status of the Planning and Feasibility Program for 2017/18.


The third quarter includes many projects that have been completed and significant progress on remaining projects.  A summary of the financial status of the Program can be found in Attachment 1.

Some significant milestones achieved during the third quarter include:

·    Project ID 118 - Completion of  Tarcoola Close Park playground, Epping

·    Project ID 118 - Completion of Thomas Street Reserve playground, Thomastown

·    Project ID 2168 - Completion of safety treatments on Glenburnie Road, Whittlesea

The following projects have made significant progress in the third quarter of 2017/18:

·    Project ID 2078 - Traffic Signals – Yan Yean Road/Cookes Road intersection, Doreen

·    Project ID 1142 - TH Hurrey Reserve – upgrade tennis courts and construct new pavilion, Yan Yean

·    Project ID 2169 - Oakbank Boulevard Playground and Township Link, Whittlesea

·    Project ID 2119 - Street light bulk replacement program with energy efficient LED lights

·    Project ID 484 - Refurbish Wollert Hall

·    Project ID 696 - Construct two soccer pitches and pavilion, Lalor West Reserve (Mosaic) drainage works completed.

·    Project ID 703 - Construct two soccer pitches and pavilion, Doreen South Reserve (Painted Hills) car park works completed.

Significant projects scheduled for completion in the fourth quarter of 2017/18 include:

·    Project ID 1561 - Landscape development – Hillsview Recreation Reserve, South Morang

·    Project ID 2115 - Sports Ground Lighting Upgrades, Main Street Reserve, Thomastown

·    Project ID 2156 - Norris Bank Reserve, Hot Shot Courts, Bundoora

·    Project ID 252 - Street Tree Renewal Program

 

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

Background

Council adopted the 2017/18 New Works Program on 6 June 2017 with a budget of $47,979,270 plus $11,844,944 carry forward budget providing a total New Works Program budget for 2017/18 of $59,824,214.

Consultation

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

Financial Implications

The 2017/18 budget includes $59,824,214 for the New Works Program (including carry forward funding).  The year-to-date value of work completed is $26,963,258 compared to the year-to-date plan of $37,937,092.  Further commitments (contracts and purchase orders) to the value of $25,497,908 have been generated.  A summary of project progress by Group can be found below whilst a description on key projects has been included in Attachment 2.

Financial Status of the New Works Program by Group:

Group

Year To Date Actuals

$

Year To Date Budgets

$

Year To Date Variance

$

Annual Budget   

$

Buildings

7,967,138

10,091,079

2,123,942

17,783,904

 

The Buildings Group is currently showing expenditure underspend of $2,123,942 compared to the Year To Date budget.  The key projects contributing to the variance are:

·    Project ID 1324 - Construct pavilion and car park at Harvest Home Road, Epping.  Inadequate tender submissions have resulted in the works being retendered and a view to awarding a contract in June 2018.

·    Project ID 1701 - Conversion of Janefield School Building into Community Facility – Works on the building have progressed well, however additional design required for entry ramp and car park reconfiguration to meet permit requirements.  Works are expected to be substantially completed by the end of the financial year.

·    Project ID 484 - Refurbish Wollert Hall.  Behind schedule due to delay in contract award.  Works are expected to be substantially completed by the end of the financial year.

 

Group

Year To Date Actuals

$

Year To Date Budgets

$

Year To Date Variance

$

Annual Budget

$

Drains

1,048,233

983,245

(64,988)

1,039,245

Planning & Feasibility

124,285

270,000

145,715

330,000

 

Drains – Additional expenditure is attributed to excess rock excavation required for Project ID 1884 - Queenscliff Road and Michigan Terrace Intersection Drainage Upgrade. (Approved by Council 29/08/2017).

 

Planning and Feasibility – Year to date expenditure reports behind budget, however projects are progressing well with commitments in place for planning and feasibility assessments for future projects in the four year New Works Program. Refer to Attachment 4 for detail of the Planning and Feasibility program for 2017/18.

 

Group

Year To Date Actuals

$

Year To Date Budgets

$

Year To Date Variance

$

Annual Budget

$

Open Space

8,495,472

10,609,589

2,114,117

17,560,873

 

The Open Space group is currently showing an underspend of $2,114,117 compared to the Year To Date budget.  The key projects contributing to the variance are:

·    Project ID 696 – Construct Two Soccer Pitches and Pavilion, Lalor West Reserve (Mosaic).  Drainage works completed. Contract award for the pitches and pavilion was deferred by Council from December to January. These works have now commenced and will be substantially underway by the end of the financial year.

·    Project ID 703 - Doreen South Reserve (Painted Hills) – Car park has been completed. The construction tender for the pitches and pavilion has been delayed due to Melbourne Water approval requirements of the local flood plain levels. This tender has now been advertised.

·    Project ID 2205 - Sycamore BMX Track Development and Lighting – redesign required to scope approved by Council and consultation with key stakeholders.

 

Group

Year To Date Actuals

$

Year To Date Budgets

$

Year To Date Variance

$

Annual Budget

$

Plant & Equipment

808,000

2,265,934

1,457,934

3,470,384

Transport

971,019

1,463,408

492,389

2,482,672

 

The Plant and Equipment group is currently showing an underspend of $1,457,934 compared to the Year To Date budget.  This variance is mainly due to the timing of the replacement of motor vehicles (Project ID 104) and delays in the upgrading of the Project ID 1944 - Human Resource Information System.

The Transport group is currently showing an underspend of $492,389 compared to the Year To Date budget.  The key projects contributing to the variance are:

·    Project ID 304 - LATM Schemes Treatment – delivery of road cushions on Roycroft Avenue and Garden Grove Drive has been delayed as confirmation has been sought from Public Transport Victoria and Dysons on the type of traffic treatment to be used.

·    Project ID 445 - Collector Road Traffic Management – Project has been delayed due to contractor availability.  Construction to commence in the coming weeks.

Group

Year To Date Actuals

$

Year To Date Budgets

$

Year To Date Variance

$

Annual Budget

$

Roads & Paths

7,549,111

12,253,837

4,704,726

17,157,136

The Roads and Paths group is currently showing an underspend of $4,704,726 compared to the Year To Date budget.  However, further contracts and commitments of $4,135,807 indicate that this category has a high degree of preparedness for delivery in the coming months.  The key projects contributing to the variance are:

·    Project ID 2142 - 480 Cooper Street Fire Main – Delays encountered through negotiations with key stakeholders for suitable outcome are ongoing and nearing agreement.

·    Project ID 2072 - Lalor High Street Shops Streetscape Improvements.  Delay due lack of suitable tenders for preliminary package of works.  Works retendered.

·    Project ID 2077 Station Street, Thomastown (between Childs Road and Heyington Avenue).  Due to complications of design at Mann’s Crossing the project will be delayed and works several months.

·    Project ID 1875 - Construct Road Regent Street, Mernda.  Various delays in approvals and contractor availability have delayed commencement of the works by several months.

There have been some minor changes to the New Works Program requiring the transfer of budget to fund projects that need to be delivered as per scope.  Project fund transfers are detailed below:

·    Project ID 1717 - Establishment of Additional Dog Off Leash Areas (Norris Bank) – Additional funding of $20,500 required to install a drinking fountain and water meter. The budget shortfall is to be funded from Project ID 408 Quarry Hills Regional Park – Detail Design.  

·    Project ID 240 - Animal Welfare Facility. The project has been completed under budget. In consultation with the partnering Councils (the City of Darebin and Moreland City Council) a list of supplementary projects has been compiled to improve the facility and reduce operational costs. This includes an additional solar PV system, additional livestock shelters, fencing, signage and pasture sowing. The remaining project budget of $150,000 is partially funded by the partnering councils ($60,000).

Planning and Feasibility Program Update

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

The 2017/18 New Works Program provides a budget of $330,000 for the planning and feasibility of future projects.  Attachment 4 provides an update on the status of the Planning and Feasibility Program for 2017/18.


 

Forecast

There have been substantial commitments to projects to the end of March 2018 with works continuing to accelerate during April and May whilst the weather is conducive to outdoor construction work.  The end of financial year forecasts have been reviewed with project managers and adjusted on a project by project basis.  The forecast for end of financial year progress of the New Works Program is expected to be approximately $50.6 million.  This equates to approximately 85% completion unadjusted for extraordinary items.

The forecast carry forward is currently anticipated to be $14million. This is mainly due to inadequate tender submissions, approval delays by utility or government agencies and multi-year projects that have not progressed as initially expected.

Policy strategy and legislation

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

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

This report provides a summary of the status of the 2017/18 New Works Program.  A continuous improvement program is being implemented to enhance systems, processes and practices to improve the planning and delivery of the New Works Program.  Overall, the New Works Program is on track and is providing much needed community infrastructure across the municipality.

 

RECOMMENDATION

THAT Council resolve to:

1.       Note the report;

2.       Approve the re-allocation of project funds within the 2017/18 New Works Program as follows;

a)      Increase the budget for Project ID 1717 - Establishment of additional dog off leash areas (Norris Bank) by $20,500 to enable the installation of drinking fountain and water meter.  Additional funding to be offset from Project ID 408 - Quarry Hills Regional Park, Detail Design.

b)      Approve the additional $150,000 budget for supplementary works for Project ID 240 - Animal Welfare Facility, to be funded from the project surplus within the Infrastructure Reserve (of which $60,000 is funded by the City of Darebin and Moreland City Council.

 

 



Ordinary Council Agenda                                                                                                          Tuesday 5 June 2018

 

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Ordinary Council Agenda                                                                                                          Tuesday 5 June 2018

 

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Ordinary Council Agenda                                                                                   Tuesday 5 June 2018

 

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Ordinary Council Agenda                                                                      Tuesday 5 June 2018

 

6.2       Community Services

6.2.1    Prism Park Petition

File No:                                  126262   

Responsible Officer:           Director Community Services

Author:                                  Team Leader New Works Planning & Sports Coordination   

 

RECOMMENDATION SUMMARY

1.       Council to authorise the Chief Executive Officer to negotiate with Development Victoria to finalise a cash payment in lieu of its outstanding Development Contribution delivery obligations at Prism Park, to be directed towards tennis facilities within the Aurora Estate.

2.       Council to undertake concept and design work, within the Developer Contribution funding allocation, to identify the most appropriate facilities to support the existing public access tennis courts. 

3.       Council to redirect the balance of Developer Contribution funds not expended at Prism Park towards a future club standard tennis facility within the Aurora Estate.

4.       Council to continue planning for the future provision of a Club standard tennis facility within the broader Aurora Estate, particularly at Edgars Creek Education and Community Hub.

KEY FACTS AND / OR ISSUES

·     In February 2018, a petition was received requesting that Council proceed with the funding of a tennis pavilion and car park connected to the existing four public access tennis courts at Prism Park, Shields Street, Epping.

·     An existing Agreement between Council and VicUrban (now Development Victoria) pursuant to Section 173 of the Planning and Environmental Act 1987  for the Aurora Estate (the Section 173 Agreement), requires Development Victoria to deliver tennis facilities at the site now known as Prism Park within Aurora Estate.

·     In March 2018, Development Victoria provided in-principle support to pay out the balance of its remaining developer contribution obligations at Prism Park.

·     The existing courts at Prism Park are of a non-competition standard

·     Concept and design work is required to identify the most suitable level of facilities for the site, as the non-competition standards courts make the location and development of a full participation club unfeasible.

 

 


 

Report

Introduction

At its 6 February 2018 meeting, Council considered a petition from 107 residents and 1 non-resident requesting the funding of a tennis pavilion and car park connected to the existing four public access tennis courts at Prism Park, Shields Street, Epping, and resolved to receive the petition and prepare a report.

Background

An existing Agreement between Council and VicUrban (now Development Victoria) pursuant to Section 173 of the Planning and Environmental Act 1987 (the Section 173 Agreement)  provides for Development Contributions (DC) within the Aurora Estate. The s173 Agreement requires the developer to construct and deliver item AR07 (southeast tennis facility), comprising four tennis courts, and associated tennis pavilion and car parking. The development trigger for the tennis courts was 200 occupied households, with the pavilion trigger set at 400 occupied households ‘provided that an organised sports group that has a commitment to utilise, or is utilising, the associated grounds’.

 

The Section 173 Agreement also provides for Council delivery of a second tennis facility in the north of the Estate (AR02), which is proposed at the Edgars Creek Community and Education Hub.

 

In 2009, VicUrban delivered four public access tennis courts and court lighting at Prism Park, Shields Street, Epping, as the first part of their delivery obligation for project AR07.  The courts were constructed to a level suitable for social tennis.  A specialist audit undertaken in 2014 reported the courts did not meet Tennis Australia’s facilities standards for competition however, Tennis Victoria has since advised that the courts could be used for coaching and limited junior and/or social use. 

 

Between 2009 and 2012, a group of local residents established the Epping North Tennis Club with support from the Aurora Resident Association.  Whilst the Club is not incorporated or registered with Tennis Victoria, its formation is considered to trigger Development Victoria’s obligation for the further development of tennis facilities at Prism Park under project AR07.

 

In 2012, the developer instigated the design phase for the delivery of the tennis pavilion and car parking; however factors including site area restrictions and the sale of part of the Aurora Estate to Lendlease and then Development Victoria postponed any further progress.

 

In 2017, community advocacy for further tennis provisions at Prism Park resulted in a 2017/18 Council budget allocation towards the delivery of additional infrastructure at Prism Park.  As a result, Council officers reopened discussions with Development Victoria, flagging the outstanding pavilion delivery obligation with a view to securing a cash payment equivalent to the delivery obligation. This approach was taken to provide Council with the flexibility to ensure the delivery outcomes were appropriate for the site and suitably supported club development and potentially to allocate any funds not spent at Prism Park towards the delivery of club standard tennis facilities elsewhere within the Aurora Estate.  This includes the proposed future delivery of four competition standard tennis courts, multipurpose pavilion and parking at the Edgars Creek Education and Community Hub, which was originally planned for in Aurora Development Plan Pt 2.  

 

At the Council Meeting held on 18 December 2017, Council resolved to reallocate the 2017/18 budget allocation towards another project (Notice of Motion 845).

 

In March 2018, Development Victoria provided in-principle support to pay out the balance of its remaining developer contribution obligations.  It is anticipated that these negotiations will be finalised in the coming weeks.

Proposal

The petition tabled at the 6 February 2018 Council meeting demonstrates the need to continue to explore the development of tennis provision within the Aurora Estate.  However, the low standard of the existing public access tennis courts, potential loss of public open space, lack of space for adequate parking and risk of over developing the Prism Park site restricts the extent of further facility development at this site. Preliminary investigations indicate that the provision of toilet facilities plus shade structures, drinking fountain and seating would be appropriate and enable increased utilisation without compromising open space or residential amenity. This approach would allow for local, social and junior tennis to be located at Prism Park, noting that competition standard club facilities are proposed at Edgars Creek Education and Community Hub in the future.

As such, to resolve this matter, is it proposed:

·    That the Chief Executive Officer finalises negotiations with Development Victoria for a cash payment to resolve the outstanding delivery obligation for tennis facilities under the Section 173 Agreement;

·    To undertake concept and design work to identify the most appropriate level of facilities required to support the continuation of social community tennis activities at Prism Park;

·    To ensure that any balance of DC funds not used to develop the public amenities at Prism Park are set aside/specifically allocated towards the provision of future competition standard tennis facilities within the Aurora Estate;

·    To continue planning for the future provision of a competition standard tennis club facility at the Edgars Creek Education and Community Hub.

PARTICiPATION and ENGAGEMENT

Council officers have regularly liaised with the Aurora Resident Association in relation to the development of tennis facilities at Prism Park. Council officers have also liaised with Tennis Victoria regarding the viability of Prism Park as a formal tennis club location.

Critical Dates

Nil

Financial Implications

Any capital works undertaken at Prism Park relating to tennis provision will be undertaken using the development contribution funds resulting from negotiations with Development Victoria.

Policy strategy and legislation

Any potential capital works are aligned to the strategic objectives of Shaping Our Future Whittlesea 2030 Strategic Community Plan, Places and Space to connect people, Leisure and Recreation; ‘We can access recreation facilities and open spaces that reflect and respond to local need’.

The City of Whittlesea Tennis Strategy 2013 – 2018 also provides a guide for the provision and maintenance of tennis facilities and clubs that meet community needs.  The Tennis Strategy supports the future development of tennis provision within the Epping North Precinct as a priority.

Links to the CoUNCIL Plan

Council Priority                    Health and Wellbeing

Future Direction                   Inclusive and engaged community

Theme                                   Community connectedness

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

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

Community support for further development of the Prism Park site to enable greater community use of the existing tennis courts is evidenced by the petition. These courts would ideally cater for local junior or social tennis to ensure that the site is not over developed while still meeting the local need.  Officers will undertake concept and design work to identify the most appropriate development to support the continuation of community tennis activities at Prism Park with minimal impact to the surrounding residents and other park users. It is proposed that the Chief Executive Officer continues discussions with Development Victoria to resolve their outstanding obligations for the provision of tennis facilities in accordance with the Section 173 Agreement through an equivalent cash payment, on the basis that the balance of any development contribution funds not utilised at Prism Park will be allocated towards the future delivery of club standard tennis facilities within the Aurora Estate. It is anticipating that those facilities will be located at the Edgars Creek Education and Community Hub.

 

RECOMMENDATION

THAT Council resolve to:

1.       Authorise the Chief Executive Officer to negotiate with Development Victoria to finalise a cash payment in lieu of its outstanding Development Contribution delivery obligations at Prism Park, to be directed towards tennis facilities within the Aurora Estate.

2.       Undertake concept and design work, within the Developer Contributions funding allocation, to identify the most appropriate level of facilities required to support the continuation of community tennis at Prism Park.

3.       Reallocate any balance of unspent development contribution funds secured through Item 1 above, towards future competition standard tennis club facilities within the Aurora Estate.

4.       Continue planning for the future provision of a club standard tennis facility within the broader Aurora Estate, particularly at Edgars Creek Education and Community Hub.

5.       Write to all petitioners advising them of Council’s decision.

  


Ordinary Council Agenda                                                                      Tuesday 5 June 2018

 

6.3       City Transport and Presentation

6.3.1    Tender Evaluation Report for Contract 2017-137 Supply of Bulk Fuel, Fuel Cards and Lubricants

File No:                                  2017-137

Attachments:                        1        Tender Evaluation Summary - Category 1 - Confidential

Confidential in accordance with Section 89(2)(d) of the Local Government Act 1989 as it contains details relating to contractual matters.  

2        Tender Evaluation Summary - Category 2 - Confidential

Confidential in accordance with Section 89(2)(d) of the Local Government Act 1989 as it contains details relating to contractual matters.  

3        Tender Evaluation Summary - Category 3 - Confidential

Confidential in accordance with Section 89(2)(d) of the Local Government Act 1989 as it contains details relating to contractual matters.    

Responsible Officer:           Director City Transport & Presentation

Author:                                  Team Leader Fleet Services   

 

Report

RECOMMENDATION SUMMARY

It is recommended that contract number 2017-137 for Supply of Bulk Fuel, Fuel Cards and Lubricants is awarded to:

·    BP Australia for bulk fuel (Category 1); Caltex Australia Petroleum Pty Ltd for fuel cards (Category 2), and Fuchs Lubricants (Australasia) Pty Ltd as the primary supplier and Castrol Australia as the secondary supplier for lubricants (Category 3).

·    For the tendered schedule of rates with total estimated expenditure across all categories of $2,630,000 (excluding GST).

·    For a term from 1 February 2018 to 31 January 2021 with extension options to 31 January 2023.

KEY FACTS AND / OR ISSUES

The tender evaluation panel advises that:

·    Nineteen tenders were received across all three categories.

·    The recommended tenders were the highest ranked preferred suppliers for their respective categories and are considered best value because they offer low prices with greater discounts and the best products to service this municipalities needs.

·    This was a collaborative tender with MAV Procurement acting as the Victorian representative for all Councils.


 

Background

The purpose of this contract is to provide fuels and lubricant products for the operation of the passenger & light commercial vehicles, trucks and mobile plant items.

Council requires the provision of bulk fuels for the filling of tanks located at Council’s Epping Depot to fuel the depot based trucks and plant. Fuel cards enable users of Council’s light vehicle fleet to access a network of fuel sites. Lubricant products are required for the vehicle servicing and daily maintenance activities of the mechanical workshop and plant operators.

On 29 July 2017 the National Procurement Network advertised a tender for provision of bulk fuel (Category 1), fuel cards (Category 2) and lubricants (Category 3).  That tender was conducted on behalf of the Municipal Association of Victoria (MAV) so the resulting contract may be accessed by all Victorian Councils. 

This arrangement enables Council to appoint a panel of suppliers under a contract that leverages economies of scale to deliver best value via collaboration within the broader public sector.

Tenders for the contract closed on 29 August 2017.  The tendered prices and a summary of the evaluation are detailed in the confidential attachments.  A review of the recommendations paper provided by the MAV confirms that:

·    The process was conducted thoroughly and with due regard to probity, and

·    The panel of suppliers recommended by MAV presents better value for money than Council would likely be able to achieve by tendering on its own.

EVALUATION

The evaluation involved scoring of conforming and competitive tenders according to these pre-determined criteria and weightings:

Criteria

Weighting

Price

75%

Capability

15%

Capacity

7.5%

Impact

2.5%

The MAV completed its preliminary evaluation and provided a recommendation report to Council officers on 23 January 2018.  Council’s tender evaluation panel then conducted a detailed review of that report and made additional enquiries with tenderers.  The outcome of the City of Whittlesea evaluation was as follows:

Category 1 – Bulk Fuel

TENDERER

CONFORMING

COMPETITIVE

SCORE

RANK

Tenderer A
BP Australia

Yes

Yes

91.1

1

Tenderer B

Yes

Yes

91.0

2

Tenderer C

Yes

Yes

90.5

3

Tenderer D

Yes

Yes

82.7

4

Tenderer E

Yes

No

N/A

N/A

Tenderers F to K

No

N/A

N/A

N/A

Refer to confidential attachment 1 for further details of the evaluation of these tenders.

Category 2 – Fuel Cards

TENDERER

CONFORMING

COMPETITIVE

SCORE

RANK

Tenderer A
Caltex Australia Petroleum Pty Ltd

Yes

Yes

91.8

1

Tenderer B

Yes

Yes

85.8

2

Tenderer C

Yes

Yes

82.5

3

Tenderer D

Yes

Yes

81.4

4

Tenderers E to I

Yes

No

N/A

N/A

Tenderers J to N

No

N/A

N/A

N/A

Refer to confidential attachment 2 for further details of the evaluation of these tenders.

Category 3 – Lubricants

TENDERER

CONFORMING

COMPETITIVE

SCORE

RANK

Tenderer A
Fuchs Lubricants (Aust.) Pty Ltd

Yes

Yes

86.0

1

Tenderer B

Castrol Australia

Yes

Yes

82.4

2

Tenderer C

Yes

Yes

82.0

3

Tenderer D to K

Yes

No

N/A

N/A

Tenderers L to Q

No

N/A

N/A

N/A

Refer to confidential attachment 3 for further details of the evaluation of these tenders.

Links to the CoUNCIL Plan

Council Priority                    Organisational Sustainability

Future Direction                   Good Governance

Theme                                   Continuous Improvement

Strategic Objective              Council explores and adopts best practice models

The provision of fuel and lubricants for vehicles and plant is vital for delivery of services to the community.

 

Declarations of Conflicts of Interest

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

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

CONCLUSION

The National Procurement Network’s collaborative contract for fuels and lubricants offers the best value to Council based on use of the following suppliers:

 

·    BP Australia for bulk fuel (Category 1);

·    Caltex Australia Petroleum for fuel cards (Category 2), and

·    Fuchs Lubricants (Australasia) Pty Ltd as the primary supplier and Castrol Australia as the secondary supplier for lubricants (Category 3).

 

It is considered that these companies can perform the contract to the required standards.

 

Recommendation

THAT Council resolve to:

1.         Accept the National Procurement Network contract for the supply of fuels and lubricants for the period 1 February 2018 to 31 January 2021 as detailed in the confidential attachment, with:

·    The supply contract for bulk fuels being awarded to BP Australia

·    The supply contract for card fuels being awarded to Caltex Australia Petroleum Pty Ltd, and

·    The supply contract for lubricants be awarded to Fuchs Lubricants (Australasia) Pty Ltd as the primary supplier and Castrol Australia as the secondary supplier subject to price variations being made in accordance with the provisions in the contract and expenditure up to a maximum value of $2,630,000 (excluding GST).

 

2.         Note the funding arrangements detailed in the confidential attachment.

3.         Sign and seal the contract documents.

 


Ordinary Council Agenda                                                                      Tuesday 5 June 2018

 

6.3.2    SUEZ Green Waste Processing Agreement - Variation Report

File No:                                  172036

Attachments:                        1        SUEZ Green Waste Processing Agreement Financial Information - Confidential

Confidential in accordance with Section 89(2)(d) of the Local Government Act 1989 as it contains details relating to contractual matters.    

Responsible Officer:           Manager City Presentation

Author:                                  Manager City Presentation   

 

RECOMMENDATION SUMMARY

It is recommended that:

·    The Green Waste Processing Sub-Lease (between Mossrock, SUEZ and Council) be amended to extend the current arrangements to 30 June 2021

·    An annual rate adjustment mechanism is included based on annual movement of the December quarter index for CPI All Groups (Melbourne) with the first adjustment to occur on 2 February 2019.

KEY FACTS AND / OR ISSUES

·    This Sub-Lease (between Mossrock, SUEZ and Council) was established In October 2001.

·    The Sub-Lease arrangement, which requires SUEZ to process green waste material generated through Council’s  waste services has been performed satisfactorily over the period

·    The arrangement is required to ensure that the provision of a range of green and timber waste recycling services can continue to be provided to community at a cost effective rate.


 

Report

Background

This report seeks Council resolution to extend the current arrangement for the processing of green waste materials collected from municipal operations to 30 June 2021.

Mossrock Australia Pty Ltd (Mossrock) currently leases approximately 18ha of land comprising part of the former Cooper Street No.1 Landfill from Council.  Part of the site is currently occupied by SUEZ Recycling and Recovery (SUEZ, formerly SITA Australia Pty Ltd) which operates a green waste processing facility under an agreement between that company and the lessee, Mossrock.

 

A Head Lease arrangement established between Mossrock and Council in October 2001 required Mossrock to provide for a range of in-kind benefits in the form of free green waste disposal programs for local residents. These programs include the requirements for the processing of green waste materials generated through Council’s Kerbside Bundled Branch Collection Service, Green Waste Voucher Service and other green waste generated through Council maintenance operations.

 

Mossrock, the Head Lease, subcontracted out the requirement to provide these benefits via a Sub-Lease arrangement with SUEZ in 14 September 2009.  This Sub-Lease (between Mossrock, SUEZ and Council) was amended in October 2001 to reflect the requirement for SUEZ to provide for the existing in-kind benefit arrangement (at no cost to Council), as well as for the processing of green waste material collected through Council’s Green Waste Kerbside Bin Collection Service at a fixed rate.

 

On 2 February 2016 Council approved a renegotiated processing rate to address specific operational cost impacts caused by changes to the operating costs associated with running the Cooper Street facility.  The amended rate was below the estimated market rate for the provision of similar services through other processing operators.  The amended rate ensured the financial viability of the Cooper Street Facility.  The nominated review date for this arrangement was the 2 February 2018. Council reserved its right to revert back to the original processing rate pending the resolution of the Eastern Regional Organics Regional Processing tender process that was being undertaken by the Metropolitan Waste and Resource Recovery Group.  Success within this tender process would have resulted in an increased economy of scale for SUEZ in their processing operation at the Cooper Street site, which would have allowed them to potentially offer a further discount to the Council processing rate (within the range of the previous rate provided to Council before the variation of February 2016).

 

This tender process has now been completed.  SUEZ was not awarded the regional tender.

Discussion

The provision of green waste processing is a fundamental requirement for the support of Council’s green waste disposal needs.  These services include Council’s Kerbside Bundled Branch Collection Service, Green Waste Voucher Service, Kerbside Green Bin Collection Service and for the disposal of green waste generated through Council maintenance operations.

 

The provision of green waste disposal services at a facility located within the municipality provides Council with major operational and cost related efficiencies.  For example, the extra transport cost associated with the option to relocate the disposal of green waste collected as part of Council’s Kerbside Green Bin Collection Service to the nearest available alternative processing facility is $160,218 per annum based on estimated 2017/18 calculations. Further to this, in 2017/18 the estimated total benefit provided to community under the agreement equated to $1,059,600 per annum. This incorporates an annual contribution of $714,600 per annum for the processing of communities green waste and brick and rubble voucher service waste, the processing of green waste generated through council maintenance operations, kerbside bundled branch service processing costs plus an added contribution of $345,000 for the processing waste collected through council’s green waste kerbside collection service.

 

The existing rate is significantly less than that provided by the alternative Bulla Organics Recycling Facility.

EXTENSION

The arrangement has been performed satisfactorily. It is recommended that Council extend the current lease arrangement rate, inclusive of a CPI rise and fall mechanism, for the remainder of the sublease arrangement which concludes on 30 June 2021. 

VARIATION

SUEZ further requests that Council approve inclusion of a CPI rise and fall mechanism in recognition of inflationary pressures that affect its green waste processing operations.  Officers agree that, given the term of the proposed extension, the inclusion of a CPI mechanism is appropriate.

It is proposed that the rates are adjusted annually for the remainder of the term commencing on the anniversary date of 2 February 2019.  Annual adjustment should be based on annual movement in the Consumer Price Index for All Groups (Melbourne) published in the most recent quarter at the time of adjustment (i.e. the December quarter).

Links to the CoUNCIL Plan

Council Priority                    Organisational Sustainability

Future Direction                   Good Governance

Theme                                   Continuous Improvement

Strategic Objective              Council explores and adopts best practice models

Extending the current lease arrangement represents the most practical and financially beneficial option for ensuring the ongoing provision of green waste disposal services to community.

Declarations of Conflicts of Interest

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

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

CONCLUSION

Extension of the green waste processing arrangement is sought in accordance with the terms and conditions or the agreement.  The proposal ensures that the existing service and environmental benefits provided to community through the provision of Council’s range of green waste disposal through the current Lease arrangement is maintained.


 

 

Recommendation

THAT Council resolve to:

1.         Approve a variation to the Head Lease between Council and Mossrock Australia Pty Ltd (Mossrock) and that the Sub-Lease between and among Council, Mossrock and SITA Australia Pty Ltd trading as 'SUEZ Recycling & Recovery'(SUEZ) to extend the current gate fee arrangement to 30 June 2021.

2.         Approve inclusion of an annual rate adjustment mechanism based on annual movement of the December quarter index for CPI All Groups (Melbourne) with the first adjustment to occur on 2 February 2019.

3.         Delegate to the Chief Executive Officer the power to execute any documentation necessary to give effect to the variation.

 

 


Ordinary Council Agenda                                                                      Tuesday 5 June 2018

 

6.3.3    Contract Number 2015-21 - Supply of Road, Drainage and Associated Street Lighting Works - Contract Variation Report

File No:                                  194137

Attachments:                        1        CN 2015-21 Contract Variation Report Attachment - Confidential

Confidential in accordance with Section 89(2)(d) of the Local Government Act 1989 as it contains details relating to contractual matters.    

Responsible Officer:           Director City Transport & Presentation

Author:                                  Team Leader Construction (New Works)   

 

RECOMMENDATION SUMMARY

It is recommended that Contract Number 2015-21 for Supply of Road, Drainage and Associated Street Lighting Works, Council approve:

·    The extension of the contract end date to 30 June 2019;

·    A variation of $2,600,000 (excluding GST) making a revised contract sum of $20,000,000 (excluding GST); and

·    Note the funding arrangements detailed in the confidential attachment.

KEY FACTS AND / OR ISSUES

Conditions specific to Contract Number 2015-21 for Supply of Road, Drainage and Associated Street Lighting Works are as follows:

·    This contract was awarded to a panel of six civil contractors;

·    The initial contract terms allowed a maximum contract value of $17.4 million over a period of three years, with the option for two one-year extensions to 30 June 2020;

·    The contractors performed satisfactorily over the initial contract period;

·    An extension of contract for a period of one year to 30 June 2019 is recommended; and

·    The extension period and increased maximum contract value to $20 million is required for the successful delivery of Council’s road and drainage infrastructure projects within 2018/19 New Works Program.

Report

Background

At the meeting dated 14 July 2015, Council resolved to award Contract Number 2015-21 for Supply of Road, Drainage and Associated Street Lighting Works to a panel of six civil contractors including:

CDN Constructors Pty Ltd;

Conbi Contractors Pty Ltd;

Fercon Pty Ltd;

Metro Asphalt Pty Ltd;

United Roads Pty Ltd; and

Universal Concrete Contractors Pty Ltd.

The contract commenced on 14 July 2015 and the current approved maximum expenditure is $17.4 million for a period of three years to 30 June 2018, with allowance for two one-year extension options to 30 June 2020.

The City of Whittlesea utilise this contract for the successful delivery of various civil infrastructure projects within the ongoing New Works Program, for example: the road resealing and rehabilitation program, local area traffic management implementation and the construction of the shared user path network across the municipality.

A summary of the financial performance of the contract is provided in the confidential attachment.

EXTENSION AND VAriation

The contractors have performed satisfactorily over the initial three–year contract term, and an extension for a period of one year to 30 June 2019 represents good value for Council. If approved, the extension requires that the contract’s maximum expenditure be increased by $2.6 million, to a total of $20 million, to ensure the successful delivery of Council’s road and drainage infrastructure projects within 2018/19 New Works Program.

Further details of the requested contract extension and variation are provided in the confidential attachment.

Links to the CoUNCIL Plan

Council Priority                    Organisational Sustainability

Future Direction                   Good Governance

Theme                                   Continuous Improvement

Strategic Objective              Council explores and adopts best practice models

The extension of Contract Number 2015-21 for Supply of Road, Drainage and Associated Street Lighting Works provides best value to the organisation and will cater for the successful delivery of Council’s road and drainage infrastructure projects within 2018/19 New Works Program.

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

Time extension and increase of the maximum value of the contract is sought in accordance with the contract’s terms and conditions and Council’s applicable policy and procedures.

 

Recommendation

THAT Council resolve, in relation to Contract No. 2015-21, for Supply of Road, Drainage and Associated Street Lighting Works to:

1.       Extend the contract to a revised end date of 30 June 2019.

2.       Approve a contract extension variation of $2,600,000 (excluding GST) making a revised contract sum of $20,000,000 (excluding GST).

3.       Note the funding arrangements detailed in the confidential attachment.

 


Ordinary Council Agenda                                                                      Tuesday 5 June 2018

 

6.3.4    Contract Number 2017-75B - Recyclables Acceptance And Sorting Services:  - Contact Variation Report

Attachments:                        1        Contract Number 2017-75B - Financial Information - Confidential

Confidential in accordance with Section 89(2)(d) of the Local Government Act 1989 as it contains details relating to contractual matters.    

Responsible Officer:           Director City Transport & Presentation

Author:                                  Manager City Presentation    

 

 

RECOMMENDATION SUMMARY

·    Vary the tender submitted by SKM Recycling Pty Ltd for Provision of Recyclables Acceptance and Sorting in accordance with the rates detailed within the confidential attachment of this report for a period of 18 months with the option to extend the contract at Council’s sole discretion for a further 1 x 6 month period commencing 2 July 2018.

KEY FACTS AND / OR ISSUES

·    Council considered this matter on the 6 February 2018 and resolved to accept the tender submitted by SKM Recycling Pty Ltd for a Mass Payment Rate for Contract No 2017-75B for Provision of Recyclables Acceptance and Sorting Services, based on a seven year contract term.

·    Subsequent changes to the global recycling industry have necessitated the review of existing contract arrangements, and the development of an alternative pricing mechanism.

·    Revising the contract to an 18 month term with a fixed pricing structure provides an interim arrangement that facilitates ongoing recycling processing, while providing time for Council, and the recycling processing sector, to develop options for longer term contract arrangements that include a variable pricing structure to respond to the uncertainties in the global recycling industry.

Report

Background

Council’s recycling material is processed via contract CR070814 – Part B, currently with Visy Recycling. This contract arrangement concludes on 30 June 2018.

Tenders were advertised in The Age on 27 May 2017 and closed on 12 July 2017 for the ongoing provision of Councils waste and recycling services. Tenderers were invited to submit prices for either or both of two Separable Portions:

·    Separable Portion A - Kerbside Garbage, Recycling and Green Waste Collection Services; and

·    Separable Portion B - Acceptance & Sorting of Recyclable Materials.

A tender assessment report was presented to Council at its meeting of 6 February 2018 recommending award of Separable Portion B to SKM Recycling Pty Ltd. for a per tonne rebate over the seven year term of the contract. The report also detailed a series of risk mitigation measures for inclusion within the contract with SKM, which were identified within a report prepared by the MRA Consulting Group on the global changes within the recycling processing sector.

At its meeting of 3 April 2018 Council resolved to amend its current contract CR070814 – Part B, with Visy as a result of international shifts in the recycling industry stemming from a policy change in China (where much of Australia’s recyclable materials are exported) and a drop in commodity prices.

As a result of these industry changes Council amended the existing contract so that instead of Council being paid by a per tonne rebate for the material processed at the Visy facility,  Council now pays a gate fee for each tonne of material delivered there for processing. 

In April 2018 SKM informed Council that they would be seeking a variation to their existing contract with Council as a result of the drop in commodity prices. SKM requested that Council commence “good faith and exclusive discussions with each other to agree on further variations to the Tender Bid Terms or the terms of a contract”.  Discussions regarding a long term contract variation are ongoing, which include a pricing structure that varies with fluctuations in international commodity prices. 

Discussion

The recent shocks to the recycling industry have necessitated the three processing companies that service the Melbourne metropolitan market to request their client Councils to enter into variations to their existing arrangements. The State Government, in recognition of the industry situation, have provided funding relief to Council’s for the period from 1 March 2018 until 29 June 2018 under the Recycling Services Temporary Relief Funding Program.

A contract model that has variable pricing of the type proposed by SKM has been suggested by state government agencies as an aspirational contract model for use by local authorities within Victoria into the future. It is the officers’ view that the proposed model best deals with the uncertainties in the market, and will be of best value to Council in the context of ongoing international commodity price shifts.

Notwithstanding, there remains a degree of work to be completed before council would be in a position to explore the option of a variable price model and the impact this has on the proposed contract term. This work includes the processing operators developing a transparent schedule of costs for both their fixed priced processing operations, as well as developing a transparent method for detailing the rebate they receive from the sale of their processed materials.

Given that long term arrangements are still being negotiated, adoption of an interim processing agreement with SKM based on a per tonne gate fee for an 18 month period (with council retaining the option for a 6 month extension period at its sole discretion) is the best way to proceed.  State Government has released Council’s from procurement obligations defined in the Local Government Act until June 2020 to enable these short term contract variations in recycling processing. 

Council would then retain the option to:

1)   Retender the service at any time during the two year period utilising a new tender specification, or:

2)   Utilise the proposed joint procurement arrangement that will be undertaken by the Metropolitan Waste and Recourse Recovery Group (MWRRG), the statutory body established to facilitate and administer joint procurement waste disposal and recyclable processing arrangements on behalf of metropolitan councils, scheduled to be available for use by metropolitan councils by July 2020.

3)   Negotiate an outcome with SKM in the longer term as a contract variation.

VARIATION

Amend the approved Mass Payment Rate from its current per tonne rebate rate to a Gate Fee Payment Rate per tonne and amend the contract term to 18 months with the option of to extend the arrangement for a further 6 month period.

FUNDING

There is a significant cost to Council associated with the global changes in the recycling market.  Prior to these changes, Council received a rebate of approximately $950,000 per year from the processing of recycling materials.  As a result of these changes, Council will now have to pay approximately $1.0 million per year to have the material processed.

Council will dispose of an estimated 27,000 tonnes of material during the initial 18 month term of this arrangement. This will be funded from Council’s waste services operational budget.

The contractor’s prices have been checked and are considered competitive when compared to the provision of comparable service by other industry service providers.

Links to the CoUNCIL Plan

Council Priority                    Organisational Sustainability

Future Direction                   Good Governance

Theme                                   Continuous Improvement

Strategic Objective              Council explores and adopts best practice models

The provision of recycling processing services impacts the social, environmental and financial performance of Council.

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

Variation of the contract is sought in accordance with the contract’s terms and conditions and Council’s applicable policy and procedures.

 

Recommendation

THAT Council resolve, in relation to Contract No 2017-75B for Provision of Recyclables Acceptance and Sorting Services:

1.         Approve a variation to the Mass Payment Rate from its current rate per tonne rebate to a Gate Fee Payment Rate in accordance with the figures detailed within the confidential attachment of this report.

2.         Amend the contract term to an initial period of 18 months with the option to extend the arrangement for a further 1 x 6 month period commencing 2 July 2018, subject to the following conditions:

a)   Contractor to provide proof of currency of insurance cover as required in the tender documentation;

b)   Provision of contract security valued at $50,000; and

3.         Amend, sign and seal the Contract documents.

 


Ordinary Council Agenda                                                                      Tuesday 5 June 2018

 

6.3.5    Request for removal of street trees in Gypsy Court, Mill Park

Attachments:                        1        Map of Gypsy Court, Mill Park

2        Gypsy Court streetscape April 2018

3        Footpath displacement Gypsy Court   

Responsible Officer:           Director City Transport & Presentation

Author:                                  Manager Parks & Open Space   

 

RECOMMENDATION SUMMARY

It is recommended that:

1.       The street trees in Gypsy Court be  retained; and

2.       All residents and owners of properties in Gypsy Court are advised of Council’s decision including information on the assessment of the issues raised in the petition.

KEY FACTS AND / OR ISSUES

·    Residents of Gypsy Court, Mill Park petitioned Council to remove the street trees

·    The street trees in Gypsy Court have been assessed and currently conform to Council’s standard set in the Street Tree Management Plan

·    Due to the amenity and environmental value of street trees, Council’s policy position is to  retain street trees, except in well-defined circumstances, noting that these values outweigh inconvenience that individual residents associate with the trees.

 


 

Report

Background

At the Council meeting on 6 March 2018, Council received a petition from 20 residents representing 17 properties in Gypsy Court and Blossom Park Drive, Mill Park. Council resolved to receive the petition and requested that a report be prepared in response.

The petition requests that Council remove the street trees in Gypsy Court and this request is the consensus of residents.  The petition includes the following residents’ concerns regarding the existing street trees:

·    Footpaths have lifted from tree roots which are a tripping hazard and could result in injury. In some places where the footpath has been previously repaired it has lifted again;

·    Leaves block gutters and downpipes, causing water damage to our homes;

·    Trees shed leaves/ flowers/ debris block stormwater drains restricting water flow during heavy rain periods. These fine flowers get into and stick to everything and are hard to clean;

·    Branches have fallen off trees and damaged parked cars. Luckily no one has been injured so far, this remains a serious safety issue and a Council liability should there be an incident;

·    Trees shed leaves, gumnuts and twigs. Not only are these unsightly, they are a safety concern as people have slipped on them, which has caused injury;

·    We are constantly cleaning the Court, our gardens and our houses of debris;

·    Although unlikely, excess debris is a fire risk;

·    The Court looks messy and untidy almost all year round.

Gypsy Court in Mill Park is located between RMIT on Plenty Road to the west and Blossom Park Drive to the east. (refer attachment 1, Map of Gypsy Court, Mill Park).  There are a total of 15 properties in Gypsy Court, Mill Park and 14 were signatories to the petition as well as two properties in Blossom Park Drive which share a boundary with Gypsy Court

There are 19 trees in Gypsy Court, the majority are cultivar of Yellow Bloodwood Corymbia eximia and there is one Manchurian Pear Pyrus calleryana and two Olive Olea europaea trees. These tree species are on Council’s current street tree planting list, endorsed as part of Council’s Street Tree Management Plan 2016. The Yellow Bloodwood trees are semi mature, approximately 20 years old. These trees provide a strong streetscape character having a rounded spreading crown, fibrous bark on their truck and flowering during Spring. The Pear and Olives are juvenile. See attachment 2 for images of the streetscape.

Council implements a proactive cyclic street tree maintenance program which ensures that Council managed street trees are inspected and pruned, if required, at least once every two years. The street trees in Gypsy Court were last inspected in May 2017 which resulted in pruning works to ensure road, footpath and property clearance.  No significant visible structural defects were identified in any of the street trees in Gypsy Court.

In addition, all the trees in Gypsy Court were inspected by Council’s Arborist on 13 March 2018 in response to the residents’ petition. There were three trees requiring some follow up work including a small broken branch that was hanging in the tree and some minor pruning to achieve property clearance.

There have been 15 tree related customer requests recorded for Gypsy Court since 2012. A number of these requests being to pick up branches and also requests expressing concern about the stability and viability of the trees. The response to these inspections is that the trees are generally found to conform to Council’s standard and if not, minor pruning works have been undertaken. 

Attachment 2 shows current views of the street trees in Gypsy Court. If the existing trees are removed and replaced, it will take at least 5 to 7 years to see a noticeable visual impact from the new street trees.  The trees make a strong contribution to streetscape character.

The renewal of the street trees in Gypsy Court is not part of the current 10 Year Street Tree Renewal Program endorsed by Council.

The removal of all of the street trees in Gypsy Court would result in an increase in the urban heat island effect in this locality by increasing temperature.

RESPONSE TO RESIDENT CONCERNS REGARDING STREET TREES

Footpath displacement

In response to the concerns raised in the petition regarding footpaths lifting from tree roots, a footpath inspection was carried out on 13 March 2018. There is evidence of minor cracking and displacement but only one non-compliance with the Road Management Plan. This non-compliance involved one bay that was displaced along half its width slightly more than 25 millimetres. This will be made safe using an asphalt patch. Attachment 3 provides photographs of the types of displacements recorded.

Tree debris

In relation to the concern expressed in the petition regarding debris from the street trees in Gypsy Court, Council’s Arborist observed that the amount of tree litter is not significant and this can also be seen in Attachment 3

All trees drop debris consisting of bark, leaves, fruit, flowers etc.  Residential streets in the municipality are swept by Council generally on a 6 to 8 week cycle. Selected zones that contain significant avenues of mature / large trees receive supplementary street sweeping on an as needs basis, during periods of excess debris drop.  These periods vary depending on both the species of tree and local climatic conditions. The size and type of trees in Gypsy Court together with the observed tree debris does not warrant supplementary street sweeping.

The properties on the west side of Gypsy Court back onto RMIT University. The property boundary has a significant planting of trees (see Attachment 1) which would contribute significantly to the volumes of debris in residents’ gutters.

Drainage

Council’s drainage infrastructure is regularly inspected and cleaned as necessary. Council has no record of blocked drains in Gypsy Court.

Damage to property / personal injury

In relation to the petitioner’s concern regarding branches dropping off the street trees in Gypsy Court, there are a number of instances recorded. The type and frequency of branches dropping is not excessive.

Regarding the concern in the petition about trees damaging cars and people injuring themselves because of tree debris, Council’s Risk Management Team reports no registered claims for damage to private property or personal injury in Gypsy Court.

Proposal

Council’s Street Tree Management Plan (STMP), provides criteria to be considered in evaluating requests for the removal of existing street trees. The trees in the street do not meet any of the criteria for removal.

Council’s Street Tree Management Plan (STMP) (page 42) states that:

“Council will investigate all tree management options before recommending tree removal and consider the contribution each tree makes to neighbourhood character as well as wildlife habitat when making all tree management and tree removal decisions. Street trees provide considerable benefit to the community by way of improved amenity and reduction in the Urban Heat Island Effect, therefore Council will not support individual requests to have trees removed, or subjected to additional pruning, in order to:

· Reduce or eliminate leaf litter or tree debris;

· Improve private amenity.

The removal of the existing street trees in Gypsy Court has been assessed in accordance with Council’s STMP and Environmental Sustainability Strategy and is not supported within the policy for the following reasons:

·        The trees are of sound structure and in good health;

·        Infrastructure damage is minimal and well within accepted levels and repairs have been undertaken as required;

·        All trees drop litter consisting of bark, leaves, fruit, flowers etc. The litter on footpaths in Gypsy Court was not, on average through multiple visits, observed to be excessive;

·        Any replacement street trees planted will still drop leaves and other debris; and

·        The tree species located in Gypsy Court are listed as a suitable street tree species in Council’s current street tree species planting list.

Council’s existing policy details the broader value that street trees provide for the community.  This value exists for residents who live within an individual street, but also extends to the community who live in the broader neighbourhood, with street trees contributing to a more walkable neighbourhood, neighbourhood character, local habitat and the reduction of the urban heat island affect for the city.  Although residents are requesting that the street trees be replaced, there is at least a seven year lag until the new trees would mature to the degree that they provide a commensurate value to the neighbourhood, compared to the existing trees.

Notwithstanding that residents support the removal of trees it is recommended that the street trees be retained based on Council’s existing policy.

PARTICiPATION and ENGAGEMENT

Council staff have responded to residents’ requests for tree inspections and arrange works where required. Council’s decision on whether or not to remove trees in Gypsy Court will be communicated in a timely manner.

Critical Dates

There are no critical dates in relation to this proposal.

Financial Implications

Council’s Arborist has undertaken an assessment of the street trees in Gypsy Court and determined their financial value using the modified Burnley tree valuation method.  This method is endorsed in Council’s Fees and Charges Schedule and Council’s Street Tree Management Plan (page 42).  This valuation method is an industry wide accepted method of calculating the amenity value of trees and considers tree specific factors such as their size, life expectancy, form, vigour and landscape contribution. It does not consider their contribution to ecosystem services, habitat corridors, or how they reduce the urban heat island effect, neither does it include the cost of ongoing maintenance of these trees as part of Council’s street tree management program.

Amenity, removal, replanting and establishment maintenance costs are itemised in the table below:

Component

Cost

Amenity value of existing street trees (using modified Burnley valuation method)

$58,925

Cost to remove all trees and stumps in Gypsy Court

$11,684

Cost of replanting Gypsy Court with new trees

$8,536

Total cost

$79,145

Policy strategy and legislation

The proposal is consistent with Council’s Environmental Sustainability Strategy (2013) and Street Tree Management Plan (2016) and Natural and Built Shade Policy (2016).

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

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 petition requesting removal of all existing street trees in Gypsy Court, Mill Park has been assessed in the context of Council’s Street Tree Management Plan and Environmental Sustainability Strategy. A justification does not exist for the removal of the trees based on the criteria within Council’s Street Tree Management Plan. Inspections of the trees in Gypsy Court by Council’s Arborist did not identify any negative health or structural related issues with any of the trees.

Based on Council’s existing policy, which outlines the value that street trees provide to the community, beyond that of residents in any one individual street, the removal of the existing street trees within Gypsy Court is not supported.

RECOMMENDATION

THAT Council resolve to:

1.       Retain the street trees in Gypsy Court, Mill Park; and

2.       Write to all residents and owners of properties in Gypsy Court advising them of Council’s decision and include information on the assessment of the issues raised in the petition.

 


Ordinary Council Agenda                                                                                                          Tuesday 5 June 2018

 

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Ordinary Council Agenda                                                                                   Tuesday 5 June 2018

 

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Ordinary Council Agenda                                                                                   Tuesday 5 June 2018

 

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Ordinary Council Agenda                                                                      Tuesday 5 June 2018

 

6.4       Corporate Services

6.4.1    Epping RSL - Bank Guarantee - Extension of Facility

File No:                                  167334

Attachments:                        1        Site & Elevation plans (Part A) - Confidential

Confidential in accordance with Section 89(2)(e) of the Local Government Act 1989 as it contains details relating to proposed developments.  

2        Site & Elevation plans (Part B) - Confidential

Confidential in accordance with Section 89(2)(e) of the Local Government Act 1989 as it contains details relating to proposed developments.  

3        Financial statements - Sub-Branch (FY17) - Confidential

Confidential in accordance with Section 89(2)(d) of the Local Government Act 1989 as it contains details relating to contractual matters.  

4        Financial statements - Building Patriotic Fund (FY17) - Confidential

Confidential in accordance with Section 89(2)(d) of the Local Government Act 1989 as it contains details relating to contractual matters.  

5        Financial statements - Welfare Patriotic Fund (FY17) - Confidential

Confidential in accordance with Section 89(2)(d) of the Local Government Act 1989 as it contains details relating to contractual matters.  

6        Financial statements - General Appeals Agency Fund (FY17) - Confidential

Confidential in accordance with Section 89(2)(d) of the Local Government Act 1989 as it contains details relating to contractual matters.  

7        Financial statements - Building Patriotic Fund (FY18) - Confidential

Confidential in accordance with Section 89(2)(d) of the Local Government Act 1989 as it contains details relating to contractual matters.  

8        Business Plan 2015-2019 - Confidential

Confidential in accordance with Section 89(2)(d) of the Local Government Act 1989 as it contains details relating to contractual matters.  

9        Community Benefits statement 2016-17   

Responsible Officer:           Director Corporate Services

Author:                                  Senior Property Officer    

 

RECOMMENDATION SUMMARY

That Council resolve to execute the following documents in relation to Council acting as loan guarantor for the Epping RSL for the purpose of funding a building extension and refurbishment located at 195 Harvest Home Road, Epping, to the value of $2.004 million for a maximum period of ten years;

1.       Guarantee and Indemnity in favour of the National Australia Bank

2.       Equitable Mortgage from RSL (Victoria) Branch

3.       Equitable Mortgage from Epping RSL Sub Branch

4.       Guarantee and Indemnity from Epping RSL Sub Branch

KEY FACTS AND / OR ISSUES

The Epping RSL has approached Council seeking support for an extension in their existing loan guarantee.

·    Council, at its meeting held on 14 December 2004, formally resolved to execute documents in relation to Council acting as a loan guarantor for the Epping RSL for the purposes of funding a building extension, installation of new bowling greens and refurbishment at the premises at 195 Harvest Home Road, Epping, to the value of $1.5 million for a period of ten years.

·    The Epping RSL executed an agreement with the National Australia Bank in 2007, to fund building works to the value of $170,000.  The agreement coincided with the RSL’s decision to refurbish the existing premise in order to comply with the new smoking legislation coming into force on 1 July 2007. 

·    The parties entered into a second agreement ($630,000) in February 2012, to fund additional renovation works from the existing loan facility.  The document was signed under the same terms and conditions to that executed in 2007, including the provision to guarantee the loan for period no longer than ten years.

·    The Epping RSL is seeking to enter into a revised loan guarantee that will cover the proposed costs associated with building refurbishment (estimated at $1.69 million) and the balance still outstanding on the original loan guarantee in 2012 ($314,000).

·    The Epping RSL has repaid their existing ten year gaming licences (expiry 2022) and will retain more surplus revenue to repay the proposed loan within the maximum ten year period. The Epping RSL presently has 45 gaming licences and will also need to repurchase 20 year licence renewals in 2022.

·    The RSL must seek Council to be a guarantor given that Council is the landowner of the subject property. The RSL have confirmed that they can service the loan which is consistent with their financial statements.

Report

Background

The Epping RSL has approached Council seeking support for an extension in their existing loan guarantee for the purpose of funding a building extension and refurbishment located at 195 Harvest Home Road, Epping, to the value of $2.004 million (which includes their existing loan facility) for a maximum period of ten years.

In 2004, Council and the Epping RSL (‘RSL’) entered into a new 50 year peppercorn lease to occupy the land at 195 Harvest Home Road Epping and executed a suite of documents to enable Council to act as a loan guarantor for the proposed building extension, installation of new bowling greens and refurbishment works. The RSL was able to draw down on the loan facility (to a total value of $1.5 million) provided that the loan is fully repaid within the maximum ten year timeframe.

Whilst the RSL did not draw down on the facility in 2004/05, they did execute an agreement with the National Australia Bank in 2007, to fund building works to the value of $170,000.  The agreement coincided with the RSL’s decision to refurbish the existing premise in order to comply with the new smoking legislation coming into force on 1 July 2007, including the creation of two outdoor smoking areas, extension of bistro (increasing seating capacity), refurbishment of the kitchen and installation of windows to increase natural light to the gaming room.  Council, in this instance, executed a guarantee over the loan for a maximum period of ten years.

The document excluded any entitlement to extend, renew or redraw under the existing facility, so that any future request from the RSL to draw down on the balance of the $1.5 million would be subject to a further request and assessment by Council. 

The parties entered into a second agreement ($630,000) in February 2012, to fund additional renovation works from the existing loan facility.  The document was signed under the same terms and conditions to that executed in 2007. The RSL has since reduced this facility down to a $430,000 upper limit but owe an outstanding balance of $314,000 as at 31 December 2017.

The RSL has now reapproached Council officers seeking to enter into a revised loan guarantee that will cover the proposed costs associated with building refurbishment (estimated at $1.69 million) and the balance still outstanding on the original loan guarantee ($314,000).  Plans and specifications have been recently submitted to Council for review and permit approval.  Further financial information, including the Epping RSL’s latest quarterly financial statements and loan balance, has also been collated to assess the viability of the proposal.

The RSL must also provide evidence of the ‘letter of offer’ from NAB, confirming that the loan is improved in principle and that the loan be repaid within 10-15 years of the date of the agreement.

The existing guarantee on the loan facility is set to expire in February 2022.

Proposal

To extend the loan guarantee granted to the RSL that will cover the proposed costs associated with building refurbishment (estimated at $1.69 million) and the balance still outstanding on the original loan guarantee in 2012 ($340,000).

RSL STRUCTURE & BUSINESS PLAN

The RSL is an independent, apolitical organisation run by members, primarily to assist current and former service men and women and their dependants when in need, whether they’re RSL members or not.

The RSL is divided into branches in respect of each state or territory of Australia.  Under each state or territory branch exists a number of sub branches in respect to each RSL facility operating.  In Victoria, there are some 300 sub branches operating.

The RSL seeks to meet each objective outlined under the three divisions of their corporate structure.

National Mission statement:

To ensure that programs are in place for the well-being, care, compensation and commemoration of serving and ex-service Defence Force members and their dependants; and promote Government and community awareness of the need for a secure, stable and progressive Australia.


 

Victorian Branch Mission statement:

To support the well-being and betterment of our members, (former and other serving and ex-service men and women of the Australian Defence Force), and their dependants, with the provision of the welfare and commemorative services and, where appropriate, contribute to worthy needs within the broader community.

Epping RSL Mission statement:

The Epping RSL Licensed Sub-Branch Inc of the RSL Victorian Branch Inc is to continue to adopt professional standards of care, behaviour and systems to ensure that programs are in place for the well-being, care, compensation and commemoration of serving and ex-services members of the Australian Defence Forces and their dependants. The adoption of these standards will maintain the confidence of club members, the community at large and the Government Statutory Bodies in the management and operation of the sub-branch.

All contractual obligations and substantial assets are held in the Victorian branch and each sub branch is subject to a patriotic fund established under the Patriotic Fund Act.

The Victorian Branch and RSL are incorporated associations pursuant to the Associations and Corporations Act.

PARTICiPATION and ENGAGEMENT

Council officers have met with RSL representatives on a number of occasions to discuss the proposed extension to the premises and increase in guarantee to the loan facility.

Plans and specifications have now been recently submitted to Council for review and planning permit approval.  It is anticipated that the planning permit approval process be relatively straight forward given most of the fit-out works are contained within the existing building envelope (expansion of the community rooms, amenities and outdoor decking).  The permit will further consider the need for additional public car-parking facilities (to accommodate member/public participation increases).  The permit does not seek to increase the level of gaming licences issued at the RSL. The RSL has confirmed that the plans have not been formally submitted until such time that the bank guarantee process is formalised. The plans and specifications will also be sent to Council for building permit approval.

Financial Implications

RSL representatives have approached the National Australia Bank Limited (NAB) seeking an agreement and ‘letter of offer’ to loan a total of $2.004 million to the RSL (Victoria Branch). NAB will grant unconditional approval on the proposed increase in loan facility subject to:

1.   Receipt of signed privacy and consent forms from the Epping RSL

2.   Evidence of a signed building contract, complete with approved plans and permit

3.   Receipt of up to date financials records

4.   Receipt of documentary evidence that the Guarantee given by the Whittlesea City Council has been increased to $2.004 million.

Council officers will formalise the funding of building refurbishment and refurbishment works, for a maximum period of ten years, through the revision of the existing suite of documents (current expiry 2022);

1.   Guarantee and Indemnity in favour of the National Australia Bank

2.   Equitable Mortgage from RSL (Victoria) Branch

3.   Equitable Mortgage from Epping RSL Sub Branch

4.   Guarantee and Indemnity from Epping RSL Sub Branch.

The documents will remain in place until such time that the revised cessation date (2028) is realised or full repayment of the loan facility is achieved.

The execution of each of the fore-mentioned documents will be reviewed in conjunction with the quarterly audited financial report summaries received from the RSL for the Sub-branch, Welfare and Building Patriotic Funds.

The RSL must seek Council to be a guarantor given that Council is the landowner and the NAB will not simply secure a loan against their buildings and chattels. The RSL have confirmed that they can service the loan which is consistent with their financial statements.

The RSL currently hold a $1.5 million guarantee facility with Council. The proposal seeks to increase the guarantee by a further $504,000 to accommodate the proposed works.

Policy strategy and legislation

That the proposed extension works to the RSL meets Council’s community building principles and enhances equity, access, inclusion, service delivery, collaboration, partnerships and recognition of the invaluable services the RSL provides. These services include, but are not limited to:

·    provision of health care services

·    provision of services and assistance to the aged and young people

·    distribution of Christmas hampers

·    free haircuts to RSL members and their families

·    provision of community & consultation rooms to Victoria Police, local businesses, sporting clubs, scouts, schools, political parties etc

·    support of legacy ladies, morning melodies and poppy ladies

·    free first aid training

·    subsidised meals

·    welfare services including advice and support to ex-service personnel and their families

 

A community benefits statement is provided as an illustration of the direct and indirect financial contributions the RSL is to reinvest back to the community. The RSL is to reinvest a minimum of 8.33% of gaming revenue generated ($326,161.19). The RSL contributed $1,145,732 which is substantially made up of their own operational costs and welfare services (see Attachment 1 – Community Benefits Statement 2016-17).

Links to the CoUNCIL Plan

Council Priority                    Planning and Infrastructure

Future Direction                   Places and spaces to connect people

Theme                                   Community hubs

Strategic Objective              We have public spaces and community hubs that bring people together

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

That Council resolve to execute the following documents in relation to Council acting as loan guarantor for the Epping RSL for the purpose of funding a building extension and refurbishment located at 195 Harvest Home Road, Epping, to the value of $2.004 million for a maximum period of ten years;

1.   Guarantee and Indemnity in favour of the National Australia Bank

2.   Equitable Mortgage from RSL (Victoria) Branch

3.   Equitable Mortgage from Epping RSL Sub Branch

4.   Guarantee and Indemnity from Epping RSL Sub Branch

 

RECOMMENDATION

THAT Council resolve to execute the following documents in relation to Council acting as loan guarantor for the Epping RSL for the purpose of funding a building extension and refurbishment located at 195 Harvest Home Road, Epping, to the value of $2.004 million for a maximum period of ten years:

·   Guarantee and Indemnity in favour of the National Australia Bank;

·   Equitable Mortgage from RSL (Victoria) Branch;

·   Equitable Mortgage from Epping RSL Sub Branch; and

·   Guarantee and Indemnity from Epping RSL Sub Branch.

 


Ordinary Council Agenda                                                                                   Tuesday 5 June 2018

 

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Ordinary Council Agenda                                                                      Tuesday 5 June 2018

 

6.4.2    Year 2018 General Valuation

File No:                                  SU 140825

Attachments:                        1        Certificate of Valuation & Return   

Responsible Officer:           Director Corporate Services

Author:                                  Manager Property, Rates & Valuations   

 

RECOMMENDATION SUMMARY

1.       To adopt and receive for rating purposes the Year 2018 General Valuation as per the attached Certificate of Valuation (Attachment 1).

KEY FACTS AND / OR ISSUES

Pursuant to Section 13DC(3) and (5) of the Valuation of Land Act 1960, Council must cause a valuation of rateable land within its municipal district to be made and to be returned after 1 January and before 30 June in the second year immediately following the last such valuation.  The previous general valuation undertaken within the Whittlesea municipality was as at the level of values of 1 January 2016.

·    The purpose of a general valuation is to reapportion the individual amount levied per rateable property in a fairer and more equitable manner, by using up to date valuations, ie 1 January 2018. 

·    The 2018 General Valuation must be completed prior to the adoption of the City of Whittlesea 2018/19 Annual Budget.

·    Council uses the net annual value (NAV) as its rating base, which is defined as being 5% of the capital improved value for residential properties and the assessed net annual rental value for non-residential properties.

 


 

Report

Background

Pursuant to Section 13DC(3) and (5) of the Valuation of Land Act 1960, Council must:

 

“… cause a valuation of rateable land within its municipal district to be made and to be returned after 1 January 2000 and before 30 June 2000”, “… and to be returned after 1 January and before 30 June in the second year immediately following the last such valuation”.

 

Under the Valuation of Land Act 1960 and for the purposes of the Local Government Act 1989, Council, at its meeting on 28 February 2017, appointed Gino Mitrione, Council’s Manager Property, Rates & Valuations, as the person to make valuations.

 

The Minister for Planning has fixed 1 January 2018 as the date at which all rateable properties shall be assessed in the general valuation, as advised by the Valuer General.  The previous general valuation undertaken within the Whittlesea municipality was as at the level of values of 1 January 2016.  The current valuations utilised by Council for rating purposes as at the relevant date for 1 January 2016 are as follows:

 

 

Valuation Types

Properties

No of Assessments

Net Annual Value

Capital Improved Value

Site Value

Rateable

84,164

$2,243,129,242

$41,927,295,665

$23,516,616,744

Non-Rateable

2,433

$136,711,215

$2,625,586,100

$1,877,025,500

Non-Rateable

Fire Services Leviable

1,854

$87,050,925

$1,702,640,300

$1,318,627,600

Total

88,451

$2,466,891,382

$46,255,522,065

$26,712,269,844

DEFINITIONS – VALUATION TYPES

Net Annual Value is either 5% of the capital improved value for residential properties or the current annual rental value for non-residential properties.

 

Capital Improved Value is the total market value of the land plus buildings and other improvements.

 

Site Value is the market value of the land only. 

Proposal

The purpose of this report is to return to Council the Year 2018 General Valuation of all properties in the municipality.

Critical Dates

The 2018 General Valuation must be completed prior to the adoption of the City of Whittlesea 2018/19 Annual Budget.

Financial Implications

Council uses the net annual value (NAV) as its rating base, which is defined as being 5% of the capital improved value (CIV) for residential properties and the assessed net annual rental value for non-residential properties.

 

Three valuations are returned for each of the properties within the municipality, which can be summarised as follows:

 

 

Valuation Types

Properties

No of Assessments

Net Annual Value

Capital Improved Value

Site Value

Rateable

84,164

$2,899,026,876

$55,502,526,784

$33,263,168,380

Non-Rateable

2,433

$152,613,600

$3,031,193,000

$2,278,560,320

Non-Rateable

Fire Services Leviable

1,854

$100,885,350

$2,000,832,000

$1,612,371,450

Total

88,451

$3,152,525,826

$60,534,551,784

$37,154,100,150

 

The changes to the valuations of rateable properties within the municipality from 1 January 2016 to 1 January 2018 are:

 

Value

% Change

Net Annual Value

28%

Capital Improved Value

31%

Site Value

39%

Policy strategy and legislation

The General Valuation is required to be undertaken by Council under Sections 6 and 13DC of the Valuation of Land Act 1960.

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

The Certificate of Valuation and Return (Attachment 1), has been signed by Council’s Manager Property, Rates & Valuations.

 

It is therefore recommended pursuant to Sections 6 and 13DC of the Valuation of Land Act 1960, that Council receive the Certificate of Valuation and Return and the valuations set out therein be adopted for rating purposes for the 2018/2019 financial year. 

 

RECOMMENDATION

THAT Council resolve to adopt and receive for rating purposes the Year 2018 General Valuation as per the attached Certificate of Valuation (Attachment 1).

 


Ordinary Council Agenda                                                                                   Tuesday 5 June 2018

 

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Ordinary Council Agenda                                                                      Tuesday 5 June 2018

 

6.4.3    Request to Present at International Conference on Digital Transformation of Public Service Delivery

File No:                                  .   

Responsible Officer:           Director Corporate Services

Author:                                  Team Leader Business Systems Support   

 

RECOMMENDATION SUMMARY

1.       Approve the Team Leader Business Systems to attend and present at the Institution of Engineering and Technology’s International Conference on Digital Transformation of Public Service Delivery to be held on 17 July 2018 at Galadari Hotel, Colombo, Sri Lanka.

2.       Note that all airfares and accommodation costs will be borne by the Institution of Engineering and Technology Sri Lanka Network.

KEY FACTS AND / OR ISSUES

The Institution of Engineering and Technology (IET) has more than 150,000 members worldwide and is the largest professional engineering society in Europe.  The IET Sri Lanka Network (consisting of some 1,000 members) is hosting this international conference on Digital Transformation of Public Service Delivery and has invited Council’s Team Leader Business Systems to present on the City of Whittlesea’s experience.

·    The Conference will be held on 17 July 2018 at the Galadari Hotel, Colombo, Sri Lanka.

·    All airfares and accommodation costs will be borne by the IET.

 


 

Report

Background

The IET Sri Lanka Network was set up in 1935 and coordinates local activities for its 1000 strong membership.  The IET Sri Lanka will be hosting the Digital Transformation of Public Service Delivery international conference with the aim of providing the opportunity for CEOs, administrators, engineers, economists, and top decision makers in government and the corporate sector to learn more about the latest developments in digital transformation and facilitate a forum for the exchange of knowledge and ideas.

Proposal

The conference provides an outside in perspective on all government services with international speakers providing their experiences, including Digital Police service from New Zealand Police Service and Utility service transformation from Tata Power Company.

This provides an opportunity for City of Whittlesea to guide and inform the development of the local government sector in the developing world, whilst promoting ourselves as a leader in the digital service delivery field.  It will be a great opportunity for the Team Leader Business Systems to contribute to the shaping and advancement of the local government sector in Sri Lanka.

PARTICiPATION and ENGAGEMENT

This is a one day conference and will need travel time allocated.

Critical Dates

The Conference will be held on 17 July 2018 at the Galadari Hotel, Colombo, Sri Lanka. 

Financial Implications

All travel and accommodation expenses will be borne by the conference hosts and as such no financial implication for City of Whittlesea, apart from the employees time including conference and travel, which is a total of three days. 

Policy strategy and legislation

This request is made in line with Council Travel Policy requiring all international travel to be approved by Council.

 

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

 

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

This will be an opportunity for City of Whittlesea to be represented in the global environment as a leader in the digital service delivery field while assisting a developing world country to improve its service delivery to its constituents.  There are no financial implications to the City of Whittlesea.

 

RECOMMENDATION

THAT Council resolve to:

1.       Approve the Team Leader Business Systems to attend and present at the Institution of Engineering and Technology’s International Conference on Digital Transformation of Public Service Delivery to be held on 17 July 2018 at Galadari Hotel, Colombo, Sri Lanka.

2.       Note that all airfares and accommodation costs will be borne by the Institution of Engineering and Technology Sri Lanka Network.

 

 


Ordinary Council Agenda                                                                      Tuesday 5 June 2018

 

6.4.4    Review of Procurement Policy

Attachments:                        1        Revised Procurement Policy (Marked-Up)

2        Revised Procurement Policy (Clean)   

Responsible Officer:           Director Corporate Services

Author:                                  Contracts Officer   

 

RECOMMENDATION SUMMARY

1.  That Council resolve to adopt the revised Procurement Policy appended at Attachment 2.

 

KEY FACTS AND / OR ISSUES

In accordance with legislative requirements the Procurement Policy has been reviewed.  A range of amendments are proposed including:

·    Presentation in the new Policy & Strategy Framework format

·    Implementation of recommendations made by the City of Whittlesea Audit & Risk Committee

·    Acknowledgement of appropriate procurement options for purchases under $15,000

·    Implementation of a Category Management approach

·    Implementation of a recommendation of Council’s Internal Auditors

·    Improved oversight of Significant Contracts

·    Linkage to the Council’s Stretch Reconciliation Action Plan.

 

Report

Introduction

Following annual review, a range of amendments to Council’s Procurement Policy are proposed in the pursuit of continuous improvement.

Background

Council’s Procurement Policy was formally adopted by Council in November 2009.  Section 186A(7) of the Local Government Act 1989 states that “At least once in each financial year, a Council must review the current procurement policy and may, in accordance with this section, amend the procurement policy.”

The Procurement Policy has now been reviewed based on feedback that has been collected since the last review in early 2017.  All feedback received was carefully considered and amendments have been drafted to ensure the Policy remains relevant, effective and up to date.

Proposal

Detailed below are a range of proposed amendments to the Policy.  For easy identification of all amendments a marked up copy of the Policy is attached (refer to Attachment 1).  For easy reading a clean version of the Policy with all amendments accepted is also attached (refer to Attachment 2).

1.    Presentation in the new policy format

The format of the Policy has been slightly altered in accordance with the Policy and Strategy Framework.  While this mostly resulted in relocation of existing text some new paragraphs were added to pages three and four under the titles Principles, Scope and Measurement.

2.    Recommendations of the Audit & Risk Committee

At its meeting on 23 November 2017 the Audit and Risk Committee considered a report on the Procurement Framework which included a copy of the most recently endorsed Procurement Policy.  The Committee’s recommendations have resulted in these changes:

a)   Electronic links to a range of publicly available documents referred to in the Key Linkages and other sections of the Policy

b)   A new definition of Total Contract Sum in section 1.1 (Definitions)

c)   A statement in section 2.3.1 (Quotation Threshold) prohibiting split transactions

d)   A new paragraph in section 2.7.1 (Risk – General) expanding on risk planning

e)   A new section 2.13 (Variation of contracts) summarising variation management.

3.    Acknowledgement of appropriate procurement options

In section 2.3.1 (Quotation Threshold) the conditions for procurements valued below $15,000 have been slightly altered.  Previously the requirement was to issue a standard purchase order.  The amended text now acknowledges that other procurement options exist. 

To avoid the administrative cost of issuing a purchase order for low value or one-off purchases, more appropriate options are used in line with approved arrangements.  This results in better value for money due to reduced overheads and increased efficiency without any significant impact on probity.

4.    Implementation of a Category Management approach

A new section 2.11 (Category Management) has been included.  It briefly highlights the adoption of the approach and the associated objectives and benefits.

5.    Recommendation of Council’s Internal Auditors

Following a recent audit of Council’s variation processes by PricewaterhouseCoopers it was recommended that related policy and procedures should be reviewed.  A new section 2.13 (Variation of contracts) has been included which summarises how variations are managed to prevent incremental increases beyond approved thresholds (commonly known as ‘scope creep’).

6.    Improved oversight of Significant Contracts

A new section 2.14 (Significant Contracts) has been included to highlight the importance of Council’s strategically critical engagements and the additional oversight arrangements implemented by ELT to support contract management and help ensure timely and effective response to emerging issues.  It summarises the Contract Owner’s role and responsibilities.

7.    Linkage to the Council’s Stretch Reconciliation Action Plan

A new paragraph in section 3.4.3.1 (Equality and Diversity) briefly addresses Council’s aim to increase Aboriginal participation in the economy through procurement related activities incorporated into Council's Stretch Reconciliation Action Plan 2017-2020.

PRACTICE IMPROVEMENTS

In the pursuit of continuous improvement the following recent activities have been undertaken to further promote successful implementation of the Procurement Policy:

·    Increased collaboration in the local government sector

There has been a concerted effort to align procurement activity in the Northern Region group of Councils by linking reporting from the Northern Region Procurement Network through to the corresponding Mayor and CEO networks.

This has resulted in an unprecedented level of collaboration with a view to leveraging economies of scale, improving efficiencies and generating savings and benefits.

·    New Local and Sustainable Business Database

Council’s Procurement, Economic Development and Sustainability teams are collaborating to identify local businesses and assist them to:

a)   Improve their capability to do business with Whittlesea Council and other institutions

b)   Become aware of (and capitalise on) economic development opportunities

c)   Take simple actions to improve their sustainable procurement credentials.

A survey invitation was sent to over 6,000 registered local businesses and the Procurement Team has compiled responses into a Local and Sustainable Business Database.  This resource enables staff to send more invitations for quotes and tenders to our local businesses.

Consultation

The Procurement Policy is publicly available via Council’s website.  Submissions were invited from Council staff involved with procurement activity.  The Audit and Risk Committee also provided feedback on the policy.

Critical Dates

The revision of the Procurement Policy has been completed within this financial year in accordance with the requirements of Section 186A(7) of the Local Government Act 1989.

Financial Implications

The efficient and effective procurement of goods and services is an outcome of good governance and effective financial management.  It ensures that public funds are used in a proper manner and that best value is achieved.

Policy strategy and legislation

The Procurement Policy has linkages with legislation and a range of internal and external strategies and policies (refer to page 4 of Attachment 2).

 

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

The revised Procurement Policy effectively sets direction to ensure Council’s procurement activities are conducted with an appropriate balance of probity and efficiency.  The Policy sets the framework for best practice procurement across the organisation.

 

RECOMMENDATION

THAT Council resolve to adopt the revised Procurement Policy appended at Attachment 2.

 


Ordinary Council Agenda                                                                                   Tuesday 5 June 2018

 

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Ordinary Council Agenda                                                                                   Tuesday 5 June 2018

 

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Ordinary Council Agenda                                                                      Tuesday 5 June 2018

 

6.4.5    44W Embling Drive South Morang - Hope Youth Accommodation - Lease - Committee of Council Recommendation 

Responsible Officer:           Director Corporate Services

Author:                                  Senior Property Officer   

 

RECOMMENDATION SUMMARY

1.       Resolve that Council officers have completed the statutory processes required under the Local Government Act 1989, and that a lease may be entered into for Council’s land located at 44W Embling Drive, South Morang, for the purposes of constructing and operating a 12 bed supported crisis accommodation centre and support services for young people (16-25 years) and their children.

2.       Enter into a joint application with Hope Street to advocate to government, corporate, philanthropy and other stakeholders in 2018 for capital and operational funding of a purpose designed youth supported accommodation.

KEY FACTS AND / OR ISSUES

Hope Street has approached Council seeking support in addressing the needs of vulnerable young people and young families who experience and are impacted by homelessness in the City of Whittlesea with the establishment of a purpose designed enhanced youth supported accommodation.

·    The service will offer a 12 bed supported crisis accommodation centre with a 24/7 wrap around response assisting 220 young people per annum (120 via mobile outreach support, 100 via emergency accommodation).

·    Hope Street will be offered a 30 year lease plus one option of a further 10 year term at a commencement date rental of $104 per annum (plus GST and outgoings) in light of the significant financial contributions that will be obtained for the design and development of the facility (projected to be $4.8 million for the build and over $2 million per annum for the operating costs).  The rental will be adjusted annually by CPI.

·    The lease will cover approximately 2,500m² of land within Council’s reserve located at 44W Embling Avenue, South Morang.  The design of the facility will be integrated with the existing respite facility constructed by Scope within the same parcel of land in 2013.

·    This proposal is pending the securing of funding for the capital and on-going recurrent operational costs.

 

Report

Background

Council, at its meeting held on 3 April 2018, formally resolved to invite public submissions in relation to the proposed lease of Council’s land located at 44W Embling Drive, South Morang, for the purposes of constructing and operating a 12 bed supported crisis accommodation centre and support services for young people (16-25 years) and their children.

Hope Street will be offered a 30 year lease plus one option of a further 10 year term at a commencement date rental of $104 per annum (plus GST and outgoings) in light of the significant financial contributions that will be obtained for the design and development of the facility (projected to be $4.8 million for the build and over $2 million per annum for the operating costs).  The rental will be adjusted annually by CPI.

The lease will cover approximately 2,500m² of land within Council’s reserve located at 44W Embling Avenue, South Morang.  The design of the facility will be integrated with the existing respite facility constructed by Scope within the same parcel of land in 2013.

Proposal

To seek Council’s approval on the proposed lease in consideration of the public submissions received (none) and findings of the Elected Committee of Council (no requirement to meet).

public submissions

A Committee of Council, comprising of Cr Kris Pavlidis (Mayor), Cr Emilia Lisa Sterjova (Deputy Mayor), Cr Stevan Kozmevski and Cr Sam Alessi, was appointed to consider any written submissions received in response to Council’s public notice advertised in the Whittlesea Leader newspaper on Tuesday 10 April 2018.

No submissions were received at the close of the advertising period (9 May 2018, 12 noon).  A memo was sent to the Committee of Council on Wednesday 9 May 2018, advising that no public submissions were received and the Committee of Council hearing would not be required.

Policy strategy and legislation

Council have sought public submissions on the proposed lease under Section 190 and 223 of the Local Government Act 1989.  Submissions were invited for a period no less than 28 days and referred on to an appointed Committee of Council for consideration.  The Committee of Council has been advised that no submissions were received and there was no requirement to report any findings to Council for its final recommendation. 

 

Links to the CoUNCIL Plan

Council Priority                    Planning and Infrastructure

Future Direction                   Places and spaces to connect people

Theme                                   Community hubs

Strategic Objective              We have public spaces and community hubs that bring people together

 

Declarations of Conflicts of Interest

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

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

Conclusion

It is recommended that Council enter into a lease with Hope Street for Council’s land located at 44W Embling Drive, South Morang, for the purposes of constructing and operating a 12 bed supported crisis accommodation centre and support services for young people (16-25 years) and their children.

 

RECOMMENDATION

THAT Council resolve to:

1.       Note that public submissions on the proposed lease with Hope Street were invited in accordance with Section 223 of the Local Government Act 1989 and that no submissions were received at the close of the public submission period.

2.       Enter into a lease with Hope Street for the exclusive use of the land located at 44W Embling Drive, South Morang, under the following terms and conditions –

a)      The Tenant will be offered a lease for an initial period of 30 years with one further term of 10 years.

b)      The Tenant will pay a commencement date rental of $104 per annum (plus GST), annually adjusted by CPI, in light of the significant financial contributions that will be obtained for the design and development of the facility (projected to be $4.8 million for the build and over $2 million per annum for the operating costs).

3.       Authorise the Chief Executive Officer to negotiate all other terms and conditions.

4.       Enter into a joint application with Hope Street to advocate to government, corporate, philanthropic and other stakeholders in 2018 for capital and operational funding of a purpose designed youth supported accommodation.

5.       Note that Council’s participation with the proposed lease is subject to Hope Street securing funding from other sources for capital and ongoing recurrent operational costs of the project.

 


Ordinary Council Agenda                                                                      Tuesday 5 June 2018

 

6.4.6    Council Action Plan 2017/18 - Quarter 3 Progress Update

File No:                                  NA

Attachments:                        1        Quarter 3 update - Council Action Plan 2017-18   

Responsible Officer:           Director Corporate Services

Author:                                  Manager Corporate Accountability and Performance   

 

Report

RECOMMENDATION SUMMARY

That Council resolve to note the report.

KEY FACTS AND / OR ISSUES

The Council Action Plan 2017/18 contains 32 Major Initiatives.  Each initiative has milestones developed for each quarter to effectively monitor their progress.  The current status for the year to date milestones is outlined below.

·     Quarter 1 milestones increased from 90% (Quarter 2 result) to 98% achieved.

·     Quarter 2 milestones increased from 67% to 83% achieved.

·     Quarter 3 milestones 78% achieved (36 of 46 milestones).

The completion of four Major Initiatives is anticipated to be delayed beyond the 2017-18 financial year, including:

 

·    Construction of Findon Road extension

(Land acquisitions and design)

·    Investment Development Framework

(Economic Development Strategy)

·    Plenty Valley Town Structure Plan

(Planning Scheme Amendment)

·    Recreation Strategy

 

Although these initiatives will be considered ‘Not Achieved’ at the end of financial year (30 June 2018) due to not meeting their original deadline, Council will continue to work on these projects to ensure they are delivered as outlined in the Council Action Plan Year 2.


 

Introduction

The Council Action Plan 2017/18 contains 32 Major Initiatives.  Each initiative has milestones developed for each quarter to enable transparent monitoring of progress towards achieving each initiative.

There are 46 milestones allocated in Quarter 3, of which 36 were achieved (78%).

For previous quarters, the current achievement rate from Quarter 1 increased to 98% and Quarter 2 increased to 83%.

The completion of four Major Initiatives is anticipated to be delayed beyond 30 June 2018 as follows:

Major Initiative

Expected completion date

Construction of Findon Road extension
(Land acquisitions and design)

To be set when land acquisitions have been confirmed. Further update will be provided in Quarter 4.

Investment Development Framework
(Economic Development Strategy)

December 2018

Plenty Valley Town Structure Plan
(Planning Scheme Amendment)

November 2018

Recreation Strategy

September 2018

Although these initiatives will be considered ‘Not Achieved’ at the end of financial year as a result of not meeting their original deadline, Council will continue to work on these projects to ensure they are delivered as outlined in the Council Action Plan Year 2.

The summary of the Council Action Plan Quarter 3 milestone achievements are graphed below under each Council priority.

Graph 1 – 2017/18 Council Action Plan | Quarter 3 summary.

The current Council Action Plan 2017/18 milestones including comments on the status are detailed in Attachment 1.

Background

Council adopted the ‘Shaping our Future’ Council Plan 2017-21 and Council Action Plan 2017/18 on 30 May 2017.  The Council Plan is the key strategic document providing direction over the Council term.  The Council Action Plan is developed annually as an accompaniment to the Council Plan and includes the major initiatives that are to be achieved each year.

This year is the first year quarterly milestones have been developed for the major initiatives outlined in the Council Action Plan 2017/18.  This enables increased transparency, monitoring and accountability with capacity to report to Council each quarter on the status of each major initiative.

Consultation

The Council Action Plan 2017/18 was developed by Council, included consultation with community from 4 April 2017 to 5 May 2017, and was endorsed by Council on 30 May 2017. Staff have been consulted to provide details and comments to confirm the status of each major initiative milestone.

Financial Implications

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

Policy strategy and legislation

This report is in accordance with the Section 223 of the Local Government Act 1989 and the Local Government (Planning and Reporting) Regulations 2014 to enhance Council’s accountability with the community on the delivery of the Council Action Plan 2017/18.

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

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

Seventy-eight per cent of the milestones in Quarter 3 have been achieved and four Major Initiatives have been identified as late completion for 2018 due to factors outside Council’s control.

Council will continue to receive reports each quarter on the status of the major initiatives based on pre-identified quarterly milestones.  

This process increases transparency and accountability to ensure all major initiatives are delivered to the community in accordance with the Council Action Plan 2017/18.


 

 

RECOMMENDATION

THAT Council resolve to note the report.

 


Ordinary Council Agenda                                                                                                          Tuesday 5 June 2018

 

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Ordinary Council Agenda                                                                      Tuesday 5 June 2018

 

6.5       Partnerships & Engagement

6.5.1    Redundant Policies and Strategies

File No:                                  .

Attachments:                        1        Table of Obsolete Policies and Strategies   

Responsible Officer:           Director Partnerships & Engagement

Author:                                  Team Leader Governance   

 

RECOMMENDATION SUMMARY

To revoke obsolete Council Policies and Strategies.

KEY FACTS AND / OR ISSUES

·    An internal review of Council Policies and Strategies has been carried out to identify policies and strategies which are obsolete. 

·    As a result of the review, it recommended that 31 obsolete or superseded Policies and Strategies be revoked (attached).


 

Report

Proposal

A review of Council’s policies and strategies has been carried out and a number of Policies and Strategies have been identified as obsolete or superseded.

Many of these documents have been superseded by new Policies and Strategies while others have become redundant as a result of changes in operational requirements or legislative amendments.  Some of the obsolete policies and strategies have been included in other documents such as the Whittlesea Planning Scheme.

PARTICiPATION and ENGAGEMENT

Officers have had an opportunity to review the listing of Policies and Strategies and, as part of the review, have identified superseded and redundant Policies and Strategies.

Critical Dates

There are no critical dates.

Financial Implications

There are no financial implications.

Policy strategy and legislation

Having an accurate record of current Council Policies and Strategies is important.  These are key documents which provide guidance to members of Council staff when carrying out their Council duties.  Collectively, they represent a link between Council’s vision and day to day operations and provide a general framework for Councillors when making decisions.

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

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 recommended that the Policies and Strategies identified in the report be revoked by Council.

 

RECOMMENDATION

THAT Council resolve that the Policies and Strategies detailed in Attachment 1 of the report be revoked.

 


Ordinary Council Agenda                                                                                   Tuesday 5 June 2018

 

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Ordinary Council Agenda                                                                      Tuesday 5 June 2018

 

6.5.2    Assemblies of Councillors Report - 5 June 2018

File No:                                  .   

Responsible Officer:           Director Partnerships & Engagement 

Author:                                  Governance Officer   

 

recommendation summary

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

key facts and/or issues

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


 

Report

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

CEO Employment Matters Advisory Committee (CEMAC)

27 March 2018

Cr Pavlidis (Mayor)

Cr Alessi

Cr Cox

Cr Monteleone

MG

Confidential Item - CEO Employment Matters

Nil disclosures

Arts Cultural and Sporting Grants Program for  Young People

3 April 2018

Cr Pavlidis
(Mayor)

Cr Cox

Cr Desiato

CDGO

MCBP

TLCI

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

Ryan Jaeger – Sporting Grant – Overseas – Successful

Nil disclosures

Council Forum

10 April 2018

Cr Pavlidis
(Mayor)

Cr Sterjova
(Deputy Mayor)

Cr Alessi

Cr Cox

Cr Desiato

Cr Joseph

Cr Kirkham

Cr Kozmevski

Cr Monteleone

CEO

DCS-A

DCRS

DCTP

DPMP

MFA

MMP

MPRV

TLBS

TLMA

2018/19 Proposed Budget

Nil disclosures

Council Forum

17 April 2018

Cr Sterjova
(Deputy Mayor)

Cr Alessi

Cr Cox

Cr Joseph

Cr Kirkham

Cr Kelly

Cr Monteleone

CEO

DCS

DCRS

DCTP

DPE

CSLUP

MAD

MASP

MMP

MPOS

MSP

TLIP

ULPOAM

1.     CEO and Councillor only time

2.     Potential Redevelopment Bundoora Quarry – 149 McKimmies Road, Bundoora

3.     Mill Park Leisure Centre Redevelopment – Progress Report

4.     Confidential Item: Provision of Parks and Open Space Maintenance Services 2016-201 – Tender Update

5.     Aged Care Reform Update

 

Cr Alessi declared an interest in Item 2 to the CEO and left the room at 6.38pm and returned at 7.13pm following discussion on item 2 Potential redevelopment Bundoora Quarry – 149 Quarry Road Bundoora

Bundoora Special Rate Public Submissions Advisory Committee Meeting

18 April 2018

Cr Alessi

 

DPE

MACED

RBSO

GO

Bundoora Special Rate Submissions Hearing

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

MCBP

Manager Community Building and Planning – Belgin Besim

CDGO

Community Development Grants Officer – Caitlin Armstrong

MFA

Manager Finance & Assets – Amy Montalti

CSLUP

Coordinator Strategic Land Use Planning – Kara Mahoney

MG

Manager Governance – Michael Tonta

DCS

Director Community Services – Russell Hopkins

MMP

Manager Major Projects – Nick Mazzarella

DCS-A

Acting Director Community Services – Neville Kurth

MPOS

Manager Parks and Open Space – Lisa Pittle

DCRS

Director Corporate Services – Helen Sui

MPRV

Manager Property, Rates & Valuations – Gino Mitrione

DCTP

Director City Transport and Presentation– Nick Mann

MSP

Manager Strategic Planning – George Saisanas

DPE

Director Partnerships and Engagement – Liana Thompson

RBSO

Retail Business Services Officer – Sarah Rowe

DPMP

Director Planning & Major Projects – Steve O’Brien

TLCI

Team Leader Community Inclusion – Kelisha Nikitas

GO

Governance Officers – Lence Mitrovski & Kate Howard

TLBS

Team Leader Business Support – Rod Cann

MACED

Manager Advocacy, Communications & Economic Development – Sean McManus

TLIP

Team Leader Infrastructure Programs – Mark Tomasiello

MAD

Manager Aged and Disability – Steve Ward

TLMA

Team Leader Management Accounting – Graham Haylock

MASP

Municipal Aged Services Planner – Mike Webb

ULPOAM

Unit Leader Parks Operations and Asset Management – Stephen Comben

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 – 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 5 June 2018

 

6.5.3    BUNDOORA SQUARE SHOPPING CENTRE MARKETING AND BUSINESS DEVELOPMENT SPECIAL RATE RENEWAL DECLARATION

File No:                                  153397

Attachments:                        1        Minutes from Advisory Committee Meeting   

Responsible Officer:           Director Partnerships & Engagement

Author:                                  Business Services Officer   

 

RECOMMENDATION SUMMARY

1.       Note that public submissions on the proposed renewal of the Special Rate were invited in accordance with Sections 163A and 223 of the Local Government Act 1989 and that six submissions were received at the close of the public submission period.

2.       A Committee of ward Councillors met and considered the public submissions on the proposed renewal of the Special Rate on 18 April 2018.

3.       The Committee recommend that Council adopt the Special Rate for the Bundoora Square Shopping Centre and raise $90,000 (plus GST) per annum, indexed by CPI in every subsequent year for the period of 1 July 2018 until 30 June 2025.

KEY FACTS AND / OR ISSUES

·    The Bundoora Square Shopping Centre includes 87 commercial premises and services within the precinct.

·    A Special Rate scheme has been operating for the Bundoora Square Shopping Centre since 2001. The Bundoora Square Traders Association has requested the scheme be renewed for a further seven years.

·    The purpose of the Special Rate is to improve the viability and drive economic development through marketing and promotional initiatives. Survey responses from businesses have indicated a favourable level of support for a renewal.

 

Report

Introduction

The Bundoora Square Traders Association (the Association) has written to Council requesting that the Bundoora Square Shopping Centre Marketing and Business Development Special Rate (Special Rate) be renewed for a further seven years. The current rate will expire on 30 June 2018.

The proposed Special Rate amount to be collected will increase from $73,200 (plus GST) per annum to $90,000 plus GST per annum and this amount will be indexed by CPI in every subsequent year.

The purpose of the Special Rate scheme is to improve the viability and drive economic development within the Bundoora Square Shopping Centre (the Centre) through marketing and promotional initiatives. The Special Rate scheme involves levying a special rate on each property owner to contribute to a Business Plan to improve commercial viability through marketing and promotional activity. Contribution from property owners varies between $200 and $19,000 per annum.

The special rate originally commenced in 2001 and was renewed in 2006 and 2011.

The purpose of the Special Rate scheme is aligned with Key Direction 2 of the Economic Development Strategy - Foster an environment that encourages the development of a vibrant local economy. Marketing and promotional activities payable by the scheme contribute to the viability of the Centre.

Background

The Centre includes 87 commercial premises and services within the commercial precinct. The Association was formed in 2001 with the purpose to advocate on behalf of all business traders within the precinct and work collectively with Council to enhance the Centre. The Association members comprise of local business owners, whom on a voluntary basis work in collaboration with a Centre Coordinator and Council.

At the Council meeting held on Tuesday 6 March 2018, Council resolved to give public notice of its intention to declare the Special Rate in accordance with section 163 (1A) of the Local Government Act and to invite submissions on the proposed intention. This followed a consultation process that demonstrated favourable support for the scheme to be renewed.

Over the past seven years the special rate proceeds have enabled the ongoing engagement of a Centre Co-ordinator who has worked with the Association in organising a range of marketing and promotional activities.

The combined effect of these activities has contributed to:

·    reduced vacancy rate;

·    improved Centre image and branding;

·    improved communication with businesses;

·    improved patronage; and

·    ongoing liaison with Council.

Proposal

It is proposed that the Special Rate for the Bundoora Square Shopping Centre be adopted for a period of seven years commencing on 1 July 2018 and concluding 30 June 2025 on the condition of a formal agreement outlining key responsibilities and agreed by both City of Whittlesea and the Bundoora Square Traders Association Incorporated. A business plan for the period of the Special Rate must also be prepared by the Association.

The Association has requested that the total amount be increased to $90,000 (plus GST) per annum, and this amount will be indexed by CPI in every subsequent year, in order to cover increasing costs of marketing and promotional activities initiated to compete with neighbouring shopping centres and overall to achieve the goals of the business plan.

The Special Rate will be assessed on the basis of those properties zoned or used in commercial purposes located in the following areas:

·    Shops 1 – 7 (inclusive) 5 Nickson Street, Bundoora

·    Shops 1 – 9 (inclusive) 25 – 31 Plenty Road, Bundoora

·    33 – 97 (inclusive) Plenty Road, Bundoora

·    2 – 8 (inclusive) Nickson Street, Bundoora

·    2 – 16 (inclusive) McLeans Road, Bundoora

·    Shops 4 – 18 (inclusive) Dennison Mall, Bundoora

·    2 – 3 (inclusive) Daly Place, Bundoora

The proposed Special Rate will be assessed and levied on the basis that the rate in dollar of 0.00090767 be applied to the Capital Improved Value of the property of all rateable land zoned or used for commercial purposes within the geographical area referred to in the paragraph above.

If the Special Rate is adopted, it is intended that the Association would continue to partly utilise the funds to employ a part-time Centre Coordinator to organise marketing, management and business development activities funded by the proceeds of the Special Rate as well as liaise with Council on behalf of the Association.

A formal agreement will be entered into between Council and the Association confirming the role of the Association in expending the monies raised by the Special Rate is on behalf of Council and is of an administrative nature only and at all times under the direction of, and for, Council.

Payment of the Special Rate is conditional on the entering into such an agreement.

It is intended that the funds will also be utilised to ensure the annual business plan and budget be prepared for the Centre. A copy of the business plan, a calendar of annual activities and budget will need to be provided to Council’s Economic Development team.

Following the approval of the business plan, annual budget and compliance with conditions specified in the agreement, Council would provide the Association with the Special Rate proceeds in four quarterly instalments per annum. A key aspect of this arrangement is that the Association is an incorporated entity and acts in accordance with the Association Incorporations Act 1981.

Consultation

Ongoing engagement with property and business owners regarding renewal of the scheme was undertaken including during the preliminary process as follows:

Agenda item for discussion at trader meeting leading up to the survey

26 June 2017

Presentation at the Annual General Meeting

5 October 2017

Direct mail from Council to all business tenants and property owners, prior to the survey

12 October 2017

Survey to all business tenants in order to give feedback and opinions on past marketing and management activities and suggested activities for the future. Results from the survey indicated that 60 per cent of respondents supported a special rate renewal.

Oct – Nov 2017

Face to face meetings with individual business operators

November 2017

Following Council’s decision of its intention to declare a Special Rate on Tuesday 6 March, further consultation was carried out involving the following methods:

Council resolved its intention to declare the Bundoora Square Shopping Centre Marketing and Business Development Special Rate

6 March 2018

Direct mail from Council to property owners and business tenants providing full details of the intention and invited to make a written submission to Council within 28 days of the publication of the notice.

9 March 2018

Council gave Public Notice

13 March 2018

Publicly advertised in the Whittlesea Leader newspaper, on Council’s website and displayed on Council’s noticeboard

13 March 2018

Period for lodging submissions closed

10 April 2018

Committee of ward Councillors met to consider submissions

18 April 2018

Ordinary Council meeting to adopt the Special Rate

5 June 2018

PUBLIC SUBMISSIONS

The closing date for the Special Rate was 10 April 2018 and a total of six written submissions were received.

SUBMISSIONS committee of ward councillors recommendations

A Committee of ward Councillors met on Wednesday 18 April 2018 to consider and discuss submissions. No submitters requested to attend the meeting to speak to their submission.

Representatives in attendance considered each submission. A summary of the submissions and the recommendations of the Committee are included in Attachment 1.

The representing Committee of ward Councillors recommendation is supportive for the renewal of the special rate as it aims to improve the viability of the Centre as a whole through a range of marketing and business development initiatives.

Critical Dates

Should Council resolve to proceed with the adoption of the Special Rate the following would occur:

1.   Notice of the levying of the rate will be sent to persons liable to pay the rate and will be payable on the same date(s) fixed by the Minister under Section 167 of the Act as being the date for paying the general rate either by four instalments or a lump sum.

2.   Advise that a person (property owner) may apply to the Victorian Civil and Administrative Tribunal (VCAT) for review of Council’s decision within 30 days of the date on the notice levying the Special Rate. If there are no successful appeals, the 2018 / 2025 Special Rate levy will be issued.

3.   Enter into a formal agreement with the Association prior to the Special Rate or any part being paid to the Association which amongst other matters, acknowledges and confirms that the role of the Association in expending the monies by the Special Rate on behalf of Council is of an administrative nature and at all times under the direction of and for Council.

If Council resolves not to adopt the Special Rate, no further action is required; however property and business owners will be notified of Council’s decision. The current Special Rate would conclude on 30 June 2018.

Financial Implications

Ongoing administration will be carried out as part of the current role of the Economic Development team.

Policy strategy and legislation

Economic Development Strategy, Growing our economy together

The proposed Special Rate renewal is supported by Key Direction 2 – Foster an environment that encourages the development of a vibrant local economy. The renewal will allow the continuation of marketing and promotional activities to contribute to the vibrancy of the Centre.

Links to the CoUNCIL Plan

Council Priority                    Jobs and Investment

Future Direction                   Growing our economy

Theme                                   Economic development

Strategic Objective              Our local, industrial and regional business communities are supported to thrive in our City

Declarations of Conflicts of Interest

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

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

Conclusion

The Bundoora Square Traders Association has requested to renew the Special Rate for a further seven years and increase to $90,000 (plus GST) per annum, and indexed annually by CPI. Its purpose contributes to improving centre image, business performance and customer awareness. The Special Rate scheme has long been supported by traders and aligns with Council’s Economic Development Strategy.

It is recommend that Council resolve to adopt the renewal of the Special Rate for Bundoora Square Shopping Centre for a period of seven years commencing 1 July 2018, concluding 30 June 2025.

 

RECOMMENDATION

THAT Council resolve to:

1.       Note that public submissions on the proposed renewal of the Special Rate were invited in accordance with Sections 163A and 223 of the Local Government Act 1989 and that six submissions were received at the close of the public submission period.

2.       Note the recommendations of the Committee of ward Councillors outlined in Attachment 1, having considered public submissions on the proposed renewal of the Special Rate.

3.       Adopt the Special Rate for the Bundoora Square Shopping Centre and raise $90,000 (plus GST) per annum and indexed by CPI in every subsequent year for the period of 1 July 2018 until 30 June 2025 advising that:

a)      The Special Rate is declared for the purpose of defraying advertising, promotion, management, business development, security and other incidental expenses associated with the encouragement and economic development in the Bundoora Square Shopping Centre.

b)      The following land be specified for which the proposed Special Rate should be declared:

·    Shops 1 – 7 (inclusive) Nickson Street, Bundoora

·    Shops 1 – 9 (inclusive) 25 – 31 Plenty Road, Bundoora

·    33 – 97 (inclusive) Plenty Road, Bundoora

·    2 – 8 (inclusive) Nickson Street, Bundoora

·    2 – 16 (inclusive) McLeans Road, Bundoora

·    Shops 4 – 18 (inclusive) Dennison Mall, Bundoora

·    2 – 3 (inclusive) Daly place, Bundoora.

c)      The proposed Special Rate will be assessed and levied on the basis that the rate in the dollar of 0.00090767 be applied to the Capital Improved Value of the property within the geographical area referred to above.

d)      The properties included in the scheme and the Special rates amounts proposed will be subject to general revaluations and supplementary valuations on the same cycles and in the same manner as the City of Whittlesea general municipal rates and charges.

4.       Advise that a person (property owner) may apply to the Victorian Civil and Administrative Tribunal (VCAT) for review of Council’s decision within 30 days of the date on the notice levying the Special Rate. If there are no successful appeals the Special Rate levy will be issued.

5.       Note that there will be a special benefit to persons required to pay the proposed Special Rate and the viability of the Bundoora Square Shopping Centre as a commercial area will be enhanced through increased economic activity. The value of the properties included in the scheme, their desirability as letting propositions and their general image and stature will be maintained or enhanced.

6.       Enter into a formal agreement with the Bundoora Square Traders Association prior to the Special Rate or any part being paid to the Association which, amongst other matters, acknowledges and confirms that the role of the Association in expending the monies raised by the Special Rate on behalf of Council is of an administrative nature only and at all times under the direction or and for Council.

 


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Ordinary Council Agenda                                                                                                          Tuesday 5 June 2018

 

6.5.4    THOMASTOWN SHOPPING CENTRE BUSINESS DEVELOPMENT AND MARKETING SPECIAL RATE RENEWAL

Attachments:                        1        Thomastown SC Special Rate Submission Hearing Meeting   

Responsible Officer:           Manager Advocacy, Communications & Economic Development

Author:                                  Business Services Officer   

 

RECOMMENDATION SUMMARY

1.       Note that public submissions on the proposed renewal of the Special Rate were invited in accordance with Sections 163A and 223 of the Local Government Act 1989 and that ten submissions were received at the close of the public submission period.

2.       A Committee of ward Councillors met and considered the public submissions on the proposed renewal of the Special Rate on 2 May 2018.

3.       The Committee recommends that Council adopt the Special Rate for the Thomastown Shopping Centre and raise $60,000 (plus GST) per annum, indexed by CPI in every subsequent year for the period of 1 July 2018 until 30 June 2025.

KEY FACTS AND / OR ISSUES

·    The Thomastown Shopping Centre includes 71 commercial premises and services within the commercial precinct.

·    A Special Rate scheme has been operating for the Thomastown Shopping Centre since 1997 and the Thomastown Traders Association has requested the scheme be renewed for a further seven years.

·    The purpose of the Special Rate is to improve the viability and drive economic development through marketing and promotional initiatives. Survey responses from business have indicated a high level of support for a renewal.

·    The representing Committee of ward Councillors met on Wednesday 2 May 2018 and is supportive for the renewal of the special rate on the basis that the special rate aims to improve the viability and drive economic development to the centre as a whole through a range of marketing and business development initiatives and provides opportunity for businesses to leverage marketing opportunities via the scheme.

 

Report

Introduction

The Thomastown Traders Association (the Association) has written to Council requesting that the Thomastown Shopping Centre Marketing and Business Development Special Rate (Special Rate) be renewed for a further seven years. The current rate will expire on 30 June 2018

The proposed Special Rate amount to be collected will increase from $52,800 (plus GST) per annum to $60,000 plus GST per annum and will be indexed annually by CPI in every subsequent year.

The purpose of the Special Rate scheme is to improve the viability and drive economic development within the Thomastown Shopping Centre (the Centre) through marketing and promotional initiatives. The Special Rate scheme involves levying a special rate on each property owner to contribute to a Business Plan to improve commercial viability through marketing and promotional activity. Contribution from property owners varies between $209 and $1,700 per annum.

The special rate originally commenced in 1997 and was renewed in 2003, 2008 and 2013.

The purpose of the Special Rate scheme is aligned with Key Direction 2 of the Economic Development Strategy - Foster an environment that encourages the development of a vibrant local economy. Marketing and promotional activities payable by the scheme contribute to the improved viability of the centre.

Background

The Thomastown Shopping Centre includes 71 commercial premises and services within the commercial precinct. The Association was formed in 1997 with the purpose to advocate on behalf of all business traders within the precinct and work collectively with Council to enhance the Centre. The Association members comprise of local business owners, whom on a voluntary basis work in collaboration with a Centre Coordinator and Council.

At the Council meeting held on Tuesday 6 March 2018, Council resolved to give public notice of its intention to declare the Special Rate in accordance with section 163 (1A) of the Local Government Act and to invite submission on the proposed intention.

Over the past five years the Special Rate proceeds have enabled the ongoing engagement of a Centre Coordinator who has worked with the Association in organising a range of marketing and promotional activities.

The combined effect of these activities has contributed to improving the centre image, business performance, customer awareness and ongoing liaison with Council.

Proposal

It is proposed that the Special Rate for the Thomastown Shopping Centre be adopted for a period of seven years commencing on 1 July 2018 and concluding 30 June 2025 on the condition of a formal agreement outlining key responsibilities and agreed by both City of Whittlesea and the Thomastown Traders Association Incorporated. A business plan for the period of the Special Rate must also be prepared by the Association.

The Association has requested that the total amount be increased to $60,000 (plus GST) per annum and indexed annually by CPI in order to cover increasing costs of marketing and promotional activities initiated to compete with neighbouring shopping centre and overall to achieve the goals of the business plan.

The Special Rate will be assessed on the basis of those properties zoned or used in commercial purposes located in the following areas:

·    140 – 297 (inclusive) High Street, Thomastown

·    2, 2A, 2B and 3 Highlands Road, Thomastown

·    4 and 6 Main Street, Thomastown

·    139 – 157 (inclusive) High Street, Thomastown

The proposed Special Rate will be assessed and levied on the basis that the rate in the dollar of 0.00126436 be applied to the Capital Improved Value of the property of all rateable land zoned or used for commercial purposes within the geographical area referred to in the paragraph above. An exception applies to properties 139 – 157 (inclusive) High Street, Thomastown which will contribute 70 per cent of the aforementioned rate in the dollar, which will be calculated at 0.00088505. The Association is of the view that these properties do not receive the same level of benefit from the rate.

If the Special Rate is adopted, it is intended that the Association would continue to partly utilise the funds to employ a part-time Centre Coordinator to organise marketing, management and business development activities funded by the proceeds of the Special Rate as well as liaise with Council on behalf of the Association.

A formal agreement will be entered into between Council and the Association confirming the role of the Association in expending the monies raised by the Special Rate is on behalf of Council and is of an administrative nature only and at all times under the direction of, and for, Council.

Payment of the Special Rate is conditional on the entering into such an agreement.

It is intended that the funds will also be utilised to ensure the annual business plan and budget be prepared for the Centre. A copy of the business plan, a calendar of annual activities and budget will need to be provided to Council’s Economic Development team.

Following the approval of the business plan, annual budget and compliance with conditions specified in the agreement, Council would provide the Association with the Special Rate proceeds in four quarterly instalments per annum. A key aspect of this arrangement is that the Association is an incorporated entity and acts in accordance with the Association Incorporations Act 1981.

Consultation

Ongoing engagement with property and business owners regarding the scheme renewal was undertaken including during the preliminary process as follows:

Agenda item for discussion at trader meeting leading up to the survey

21 July 2017

Direct mail from Council to all business tenants and property owners, prior to the survey

12 October 2017

Survey to all business tenants in order to give feedback and opinions on past marketing and management activities and suggested activities for the future.

Results from the survey indicated that 82 per cent of respondents supported a special rate renewal.

Oct – Nov 2017

Presentation at the Annual General Meeting

1 November 2017

Face to face meetings with individual business operators

November 2017

Following Council’s decision of its intention to declare a Special Rate on Tuesday 6 March, further consultation was carried out involving the following methods:

Council resolved its intention to declare the Thomastown Shopping Centre Marketing and Business Development Special Rate

6 March 2018

Direct mail from Council to property owners and business tenants providing full details of the intention and invited to make a written submission to Council within 28 days of the publication of the notice.

9 March 2018

Council gave Public Notice

13 March 2018

Publicly advertised in the Whittlesea Leader newspaper, on Council’s website and displayed on Council’s noticeboard

13 March 2018

Period for lodging submissions closed

10 April 2018

Committee of ward Councillors met to consider submissions

2 May 2018

Ordinary Council meeting to adopt the Special Rate

5 June 2018

public submissions

The closing date for the Special Rate submissions was 10 April 2018 and a total of ten written submissions were received (Attachment 1).

submissions committee of ward councillors recommendations

A Committee of ward Councillors met on Wednesday 2 May 2018 to consider and discuss submissions. One submitter requested to attend the meeting to speak to their submission, however did not attend the meeting without explanation.

Representatives in attendance considered each submission. A summary of the submissions and the recommendations of the Committee are included in Attachment 1.

The representing Committee of ward Councillors recommendation is supportive for the renewal of the special rate on the basis that the special rate aims to improve the viability and drive economic development to the centre as a whole through a range of marketing and business development initiatives and provides opportunity for businesses to leverage marketing opportunities via the scheme

Critical Dates

Should Council resolve to proceed with the adoption of the Special Rate the following would occur:

1.   Notice of the levying of the rate will be sent to persons liable to pay the rate and will be payable on the same date(s) fixed by the Minister under Section 167 of the Act as being the date for paying the general rate either by four instalments or a lump sum.

2.   Advise that a person (property owner) may apply to the Victorian Civil and Administrative Tribunal (VCAT) for review of Council’s decision within 30 days of the date on the notice levying the Special Rate. If there are no successful appeals, the 2018/2025 Special Rate levy will be issued.

3.   Enter into a formal agreement with the Association prior to the Special Rate or any part being paid to the Association which amongst other matters, acknowledges and confirms that the role of the Association in expending the monies by the Special Rate on behalf of Council is of an administrative nature and at all times under the direction of and for Council.

If Council resolves not to adopt the Special Rate, no further action is required; however property and business owners will be notified of Council’s decision. The current Special Rate would conclude on 30 June 2018.

Financial Implications

Ongoing administration will be carried out as part of the current role of the Economic Development team.

Policy strategy and legislation

Economic Development Strategy, Growing our economy together

The proposed Special Rate renewal is supported by Key Direction 2 – Foster an environment that encourages the development of a vibrant local economy. The renewal will allow the continuation of marketing and promotional activities to contribute to the viability of the Centre.

Links to the CoUNCIL Plan

Council Priority                    Jobs and Investment

Future Direction                   Growing our economy

Theme                                   Economic development

Strategic Objective              Our local, industrial and regional business communities are supported to thrive in our City

Declarations of Conflicts of Interest

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

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

Conclusion

The Thomastown Traders Association has requested to renew the Special Rate for a further seven years and increase to $60,000 (plus GST) per annum and indexed annually by CPI. Its purpose contributes to improving centre image, business performance and customer awareness. The Special Rate scheme has long been supported by traders and aligns with Council’s Economic Development Strategy.

It is recommended that Council resolve to adopt the renewal of the Special Rate for Thomastown Shopping Centre for a period of seven years commencing 1 July 2018, concluding 30 June 2025.

 

RECOMMENDATION

THAT Council resolve to:

1.    Note that public submission on the proposed renewal of the Special Rate were invited in accordance with Sections 163A and 223 of the Local Government Act 1989 and that ten submissions were received at the close of the public submission period.

2.    Note the recommendations of the Committee of ward Councillors outlined in Attachment 1, having considered public submission on the proposed renewal of the Special Rate.

3.    Adopt the Special Rate for the Thomastown Shopping Centre and raise $60,000 (plus GST) per annum and indexed annually by CPI for the period of 1 July 2018 for every subsequent year until 30 June 2025 advising that:

a)      The Special Rate is declared for the purpose of defraying advertising, promotion, management, business development, security and other incidental expenses associated with the encouragement and economic development in the Thomastown Shopping Centre.

b)      The following land be specified for which the proposed Special Rate should be declared:

·    140 – 297 (inclusive) High Street, Thomastown

·    2, 2A, 2B and 3 Highlands Street, Thomastown

·    4 and 6 Main Street, Thomastown

·    139 – 157 (inclusive) High Street, Thomastown

c)      The proposed Special Rate will be assessed and levied on the basis that the rate in the dollar of 0.00126436 be applied to the Capital Improved Value of the property within the geographical area referred to above. An exception applies to properties 139 – 157 (inclusive) High Street, Thomastown which will contribute 70 per cent of the aforementioned rate in the dollar, which will be calculated at 0.00088505.

d)      The properties included in the scheme and the Special rates amounts proposed will be subject to general revaluations and supplementary valuations on the same cycles and in the same manner as the City of Whittlesea general municipal rates and charges.

4.    Advise that a person (property owner) may apply to the Victorian Civil and Administrative Tribunal (VCAT) for review of Council’s decision within 30 days of the date on the notice levying the Special Rate. If there are no successful appeals the Special Rate levy will be issued.

5.    Note that there will be a special benefit to persons required to pay the proposed Special Rate and the viability of the Thomastown Shopping Centre as a commercial area will be enhanced through increased economic activity. The value of the properties included in the scheme, their desirability as letting propositions and their general image and stature will be maintained or enhanced.

6.    Enter into a formal agreement with the Thomastown Traders Association prior to the Special Rate or any part being paid to the Association which, amongst other matters, acknowledges and confirms that the role of the Association in expending the monies raised by the Special Rate on behalf of Council is of an administrative nature only and at all times under the direction or and for Council.

 


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Ordinary Council Agenda                                                                      Tuesday 5 June 2018

 

6.6       Executive Services

Nil Reports 


Ordinary Council Agenda                                                                      Tuesday 5 June 2018

 

7.         Notices of Motion

7.1       NOTICE OF MOTION NO 856 SUNSET CLAUSE IN CONTRACT OF SALE   

Author:                                  Cr Tom Joseph 

 

Councillor Tom Joseph of North Ward has given notice that it is his intention to move the following Motion at the Ordinary Meeting of Council to be held on Tuesday 5 June 2018 at 6:30pm:

Preamble

Council understands that Developers across the State have a legal right to presell lots from a proposed land release prior to actual registration of the Plan of Subdivision. Council also understands that Developers frequently insert a Sunset Clause into all Contracts of Sale giving provision for either party to cancel the Contract of Sale, making the contract null and void if the land title is not issued within a determined time frame from the date of the contract.

Sunset Clauses were originally included in Contracts of Sale to protect both parties if a development did not commence or enough presales did not occur, however, it now appears to be occurring for other reasons including; construction costs increasing significantly between sale and construction, delays in construction being completed and also lot sale prices increasing significantly resulting in some developers using it to put the lot back on the market or renegotiate to either cover costs or increase profits.

The matter of a Contract being declared null and void is a civil matter, Council strongly suggests that any purchaser who is in the position of having had their Contract voided by a Developer, obtain their own legal advice, or make contact with Consumer Affairs Victoria regarding their contracts and/ or the conduct of Real Estate Agents.

Council also strongly suggests that all purchasers obtain legal advice in relation to any proposed Contract of Sale containing a Sunset Clause. Affected purchasers should also consider what information the Real Estate Agent gave them at the time of signing the Contract of Sale in relation to the sale of the lot. Affected Purchasers should also consider liaising with Consumer Affairs Victoria about both matters as the activation of a Sunset Clause is not an issue isolated to the City of Whittlesea.

The state government is considering whether to adopt NSW laws, introduced in 2015, to prevent abuse of sunset clauses. It will mean that if a developer wishes to rescind a contract, he/she must first seek consent from the purchaser to go through with the termination. If the buyer does not agree, the developer will need to justify any termination and, if necessary, apply to the NSW Supreme Court for permission to allow it to take effect.  To stress the importance of the State Government introducing such changes, I am seeking a Council resolution to write to the Minister about his matter.

MOtion

THAT Council resolve to:

1.       Note that Council is seeking stronger legal protection for buyers affected by Developers abuse of the Sunset Clause in Contract of Sale for lots in new suburbs.

2.       Write to the Minister for Consumer Affairs, Leader of the Opposition, Shadow Minister for Consumer Affairs and Local Members of Parliament of both the Houses to seek legislative change to prevent Developers abuse of the Sunset Clause.

  


8.         Questions to Officers

9.         Urgent BusineSS

10.       Reports from Delegates Appointed BY Council TO Other Bodies


Ordinary Council Agenda                                                                      Tuesday 5 June 2018

 

11.       Confidential Business

11.1     Planning and Major Projects

Nil Reports

 

11.2     Community Services

Nil Reports

 

11.3     City Transport and Presentation

Nil Reports

 

11.4     Corporate Services

Nil Reports

 

 11.5    Partnerships & Engagement

Nil Reports

 

 11.6    Executive Services

 

11.6.1  Meetings of the Chief Executive Officer 23 April 2018 to 25 May 2018

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

 11.7    Notices of Motion

Nil Reports

12.       Closure