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Agenda

 

OF Ordinary
COUNCIL MEETING

HELD ON

Tuesday 3 July 2018

AT 6.30pm

summons

 

You are advised that a Meeting of Council has been called by the Chief Executive Officer on Tuesday, 3 July 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 3 July 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 3 July 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 3 July 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 Meeting.. 11

5.            Questions, Petitions and Joint Letters.. 11

5.1         Questions To Councillors.. 11

5.2         Petitions.. 13

Nil Reports.. 13

5.3         Joint Letters.. 15

5.3.1       Joint Letter - Request for parking bays 2A Cottage Boulevard, Epping.. 15

6.            Officers' Reports.. 17

6.1         Planning and Major Projects.. 17

6.1.1       REFURBISHMENT WORKS AT WHITTLESEA SWIM CENTRE CONTRACT 2018-22 - TENDER EVALUATION REPORT. 17

6.1.2       REDEVELOPMENT OF THE MILL PARK LEISURE CENTRE, MILL PARK CONTRACT 2017-201 - TENDER EVALUATION REPORT. 21

6.1.3       DESIGN AND CONSTRUCTION OF MAIN STREET RESERVE PAVILION, THOMASTOWN CONTRACT 2018-14 - TENDER EVALUATION REPORT  25

6.1.4       DESIGN AND CONSTRUCTION OF THE HARVEST HOME ROAD COMMUNITY PAVILION CONTRACT 2018-1 - TENDER EVALUATION REPORT. 29

6.1.5       Planning Scheme Amendment C213- Epping Renewal Site- Exhibition Outcomes.. 33

6.1.6       47-53 The Boulevard, Thomastown - Construction of a Four Storey Residential Building (including a Basement) Comprising 21 Dwellings.. 49

6.1.7       Development Plan- 75 O'Herns Road and 100B Yale Drive, Epping- Exhibition Outcomes.. 87

6.1.8       33 Farmstead Way, Mernda - Use and development of land for the purpose of a childcare centre, buildings and works within a heritage overlay, and display of business identification signage.. 97

6.1.9       Planning Scheme Amendment C221- River Red Gum Protection Policy - Exhibition Outcomes and Adoption.. 125

6.1.10    Planning Scheme Amendment C226 - 25 Vearings Road, Epping Rezoning - Request for Authorisation.. 133

6.1.11    Planning Scheme Amendment C225 - 43 Laurel Street, Whittlesea Incorporated Document - Request For Authorisation.. 145

6.1.12    2018-19 Growing Suburbs Fund - Project Applications.. 157

6.1.13    2365 Plenty Road, Whittlesea - Buildings and Works Comprising a Wave Pool, Associated Cafe and Amenities Building.. 163

6.1.14    Landscape Bond Policy Review... 181

6.2         Community Services.. 189

6.2.1       Aged Care Reform - A new Role - Getting the Best Outcome for the Community.. 189

6.3         City Transport and Presentation.. 235

6.3.1       SR111210 - Provision of Cleaning Services contract extension   235

6.3.2       2014-19 Collection of Kerbside Bundled Branches.. 237

6.3.3       Epping Recreation Reserve Master Plan.. 239

6.3.4       Response to Petition - Requesting additional screen planting along Plenty Road, Mill Park.. 265

6.4         Corporate Services.. 271

6.4.1       Contract No 2016-39 (MAPS 1805-0835) Photocopiers, Printers & Other Associated Products & Services.. 271

6.4.2       Unconfirmed Minutes of Audit & Risk Committee Meeting   275

6.4.3       Lease - Mirvac Early Activation facility - 1025 Donnybrook Road Donnybrook.. 293

6.4.4       Part of 30 Girvan Place, South Morang - Road Discontinuance   307

6.5         Partnerships & Engagement.. 317

6.5.1       Provision of Community Help, Volunteer Resource Service, and Community Engagement Support Services in City of Whittlesea. Service Agreement. 317

6.5.2       Response to Petition - Lorne Street, Lalor - Parking Petition - Update.. 323

6.5.3       Assemblies of Councillors Report - 3 July 2018. 327

6.5.4       Epping Community Services Hub - Sub Tenancies.. 331

6.5.5       Community Development Grants Program Round One 2018-2019 - Schedule of Recommendations.. 335

6.5.6       Procedural Matters Local Law No 1 of 2018. 353

6.6         Executive Services.. 497

Nil Reports.. 497

7.            Notices of Motion.. 499

Nil Reports.. 499

8.            Questions to Officers.. 499

9.            Urgent BusineSS.. 499

10.         Reports from Delegates Appointed BY Council TO Other Bodies.. 499

11.         Confidential Business.. 501

11.1       Planning and Major Projects.. 501

Nil Reports.. 501

11.2       Community Services.. 501

Nil Reports.. 501

11.3       City Transport and Presentation.. 501

Nil Reports.. 501

11.4       Corporate Services.. 501

Nil Reports.. 501

11.5       Partnerships & Engagement.. 501

Nil Reports.. 501

11.6       Executive Services.. 503

11.6.1    CHIEF EXECUTIVE OFFICER EMPLOYMENT MATTERS ADVISORY COMMITTEE (CEMAC) REPORT OF ACTIVITIES july 2018. 503

11.6.2    Chief executive officer key performance indicators for 2018-2019. 505

11.6.3    Meetings of the Chief Executive Officer 25 May 2018 to 22 June 2018. 507

11.7       Notices of Motion.. 509

Nil Reports.. 509

12.         Closure.. 511

 

 


Ordinary Council Agenda                                                                       Tuesday 3 July 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 3 July 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 Meeting

Ordinary Meeting of Council held 5 June 2018

Special Meeting of Council held 12 June 2018

5.         Questions, Petitions and Joint Letters

5.1       Questions To Councillors

 


Ordinary Council Agenda                                                                       Tuesday 3 July 2018

 

5.2       Petitions

Nil Reports


Ordinary Council Agenda                                                                       Tuesday 3 July 2018

 

5.3       Joint Letters

5.3.1    Joint Letter - Request for parking bays 2A Cottage Boulevard, Epping

Joint Letter from 13 residents requesting Council investigate the creation of parking bays along the park opposite the units at 2A Cottage Boulevard, Epping.

MOtion

THAT Council resolve to receive the joint letter from 13 residents requesting Council investigate the creation of parking bays along the park opposite the units at 2A Cottage Boulevard, Epping and a report on the matters raised in the joint letter be prepared for a future meeting.

 

   


Ordinary Council Agenda                                                                       Tuesday 3 July 2018

 

6.         Officers' Reports

6.1       Planning and Major Projects

6.1.1    REFURBISHMENT WORKS AT WHITTLESEA SWIM CENTRE CONTRACT 2018-22 - TENDER EVALUATION REPORT

Attachments:                        1        Detailed Evaluation - 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 Planning & Major Projects

Author:                                  Senior Contracts Executive   

RECOMMENDATION SUMMARY

It is recommended that contract number 2018-22 for Refurbishment Works at Whittlesea Swim Centre:

·    Is awarded to Rees and Brooks Builders

·    For the lump sum price of $739,130 (excl. GST)

KEY FACTS AND / OR ISSUES

The tender evaluation panel advises that:

·    Seven tenders were received

·    The recommended tender was the highest ranked and is considered best value because of its competitive price and its demonstrated ability and relevant experience to deliver this project in accordance with Council’s requirements.

 

 

Report

Background

The purpose of this contract is to engage a building contractor to undertake refurbishment works at the Whittlesea Swim Centre. The refurbishment of the Whittlesea Swim Centre includes the upgrade of facilities amenities, kiosk and administration spaces and accessibility, services and new paving, shade structure and landscaping.

Tenders for the contract closed on 23 May 2018.  The tendered prices and a summary of the evaluation are detailed in the confidential attachment.

EVALUATION

No member of the Tender Evaluation Panel declared any conflict of interest in relation to this tender evaluation.

A Tender Probity and Evaluation Plan was designed specifically for this tender process and it was authorised prior to this tender being advertised.  All tenders received were evaluated in accordance with that plan.  The evaluation involved scoring of conforming and competitive tenders according to these pre-determined criteria and weightings:

Criteria

Weighting

Price

50%

Capability

23%

Capacity

20%

Impact

7%

The weightings reflect the relative importance of each element to this particular contract.  They were determined as being most appropriate after considering numerous factors including (but not restricted to) the time, quality, risk and contract management requirements which were likely to have the most impact on the achievement of best value.

Only tenders that were conforming and competitive were fully scored.  Tender submissions that were evaluated as non-conforming or not sufficiently competitive were set aside from further evaluation.  In cases where this occurred the reasons for that outcome are detailed in the confidential attachment.

The evaluation outcome was as follows:

TENDERER

CONFORMING

COMPETITIVE

SCORE

RANK

Tenderer A
Rees and Brooks Builders

Yes

Yes

92.7

1

Tenderer B

Yes

Yes

82.9

2

Tenderer C

No

Yes

N/A

N/A

Tenderer D

Yes

Yes

62.0

5

Tenderer E

No

Yes

N/A

N/A

Tenderer F

Yes

Yes

77.5

3

Tenderer G

Yes

Yes

77.0

4

Refer to the confidential attachment for further details of the evaluation of all 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 Whittlesea Swim Centre is an ageing structure that needs modernisation to continue to serve the growing community. The Major Leisure and Aquatic Facility Strategy (MLAFS) (Council adopted March 2014) identified the Whittlesea Swim Centre for redevelopment.

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 tender from Rees and Brooks Builders was determined to be best value and it is considered that this company can perform the contract to the required standards. 

Recommendation

THAT Council resolve to:

1.         Accept the tender submitted by Rees and Brooks Builders for the sum of $739,130 (excluding GST) for the following contract:

Number:    2018-22

Title:          Refurbishment Works at Whittlesea Swim Centre

subject to the following conditions:

a)    Tenderer to provide proof of currency of insurance cover as required in the tender documents.

b)    Price variations to be in accordance with the provisions as set out in the tender documents.

c)    Tenderer to provide contract security as required in the tender documents.

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

3.         Sign and seal the Contract documents.

 


Ordinary Council Agenda                                                                       Tuesday 3 July 2018

 

6.1.2    REDEVELOPMENT OF THE MILL PARK LEISURE CENTRE, MILL PARK CONTRACT 2017-201 - TENDER EVALUATION REPORT

Attachments:                        1        Detailed Evaluation - 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 Planning & Major Projects

Author:                                  Senior Contracts Executive   

RECOMMENDATION SUMMARY

It is recommended that contract number 2017-201 for Redevelopment of the Mill Park Leisure Centre, Mill Park:

·    Is awarded to Commercial Industrial Construction Group Pty Ltd

·    For the lump sum price of $22,076,930 (excl. GST)

KEY FACTS AND / OR ISSUES

The tender evaluation panel advises that:

·    Three tenders were received.

·    The recommended tender was the highest ranked and is considered best value because of its competitive price and its demonstrated ability to deliver this project in accordance with Council’s requirements.

 

Report

Background

The purpose of this contract is to engage a Contractor to undertake the redevelopment of the Mill Park Leisure Centre (MPLC). The redevelopment will provide water play features in the new leisure pool, a warm water pool, learn to swim pool, new front of house areas including office, reception and café, improved strength training and cardio areas, new change room facilities and improved access for people with a disability.

Tenders for the contract closed on 2 May 2018.  The tendered prices and a summary of the evaluation are detailed in the confidential attachment.

EVALUATION

No member of the Tender Evaluation Panel declared any conflict of interest in relation to this tender evaluation.

A Tender Probity and Evaluation Plan was designed specifically for this tender process and it was authorised prior to this tender being advertised.  All tenders received were evaluated in accordance with that plan.  The evaluation involved scoring of conforming and competitive tenders according to these pre-determined criteria and weightings:

Criteria

Weighting

Price

50%

Capability

23%

Capacity

20%

Impact

7%

The weightings reflect the relative importance of each element to this particular contract.  They were determined as being most appropriate after considering numerous factors including (but not restricted to) the time, quality, risk and contract management requirements which were likely to have the most impact on the achievement of best value.

Only tenders that were conforming and competitive were fully scored.  Tender submissions that were evaluated as non-conforming or not sufficiently competitive were set aside from further evaluation.  In cases where this occurred the reasons for that outcome are detailed in the confidential attachment.

The evaluation outcome was as follows:

TENDERER

CONFORMING

COMPETITIVE

SCORE

RANK

Tenderer A
Commercial Industrial Construction Group Pty Ltd

Yes

Yes

88.5

1

Tenderer B

Yes

No

85.4

2

Tenderer C

Yes

No

84.6

3

Refer to the confidential attachment for further details of the evaluation of all 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 redevelopment of the Mill Park Leisure Centre (MPLC) is identified in Council’s Major Leisure and Aquatic Facility Strategy 2014 (MLAFS). The delivery of this project will provide a new, redeveloped Mill Park Leisure Centre that shall meet the needs of the growing 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 tender from Commercial Industrial Construction Group Pty Ltd was determined to be best value and it is considered that this company can perform the contract to the required standards. 

Recommendation

THAT Council resolve to:

1.         Accept the tender submitted by Commercial Industrial Construction Group Pty Ltd for the sum of $22,076,930 (excluding GST) for the following contract:

Number:    2017-201

Title:          Redevelopment of the Mill Park Leisure Centre, Mill Park

subject to the following conditions:

a)    Tenderer to provide proof of currency of insurance cover as required in the tender documents.

b)    Price variations to be in accordance with the provisions as set out in the tender documents.

c)    Tenderer to provide contract security as required in the tender documents.

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

3.         Sign and seal the Contract documents.

 


Ordinary Council Agenda                                                                       Tuesday 3 July 2018

 

6.1.3    DESIGN AND CONSTRUCTION OF MAIN STREET RESERVE PAVILION, THOMASTOWN CONTRACT 2018-14 - TENDER EVALUATION REPORT

Attachments:                        1        Detailed Evaluation - 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 Planning & Major Projects

Author:                                  Senior Contracts Executive   

RECOMMENDATION SUMMARY

It is recommended that contract number 2018-14 for the Design and Construction of Main Street Reserve Pavilion, Thomastown:

·    Is awarded to Modular Spaces Pty Ltd

·    For the lump sum price of $3,327,292 (excl. GST)

KEY FACTS AND / OR ISSUES

The tender evaluation panel advises that:

·    Three tenders were received

·    The recommended tenderer was the highest ranked and is considered best value because of its competitive price and its demonstrated ability and relevant experience to deliver this project in accordance with Council’s requirements.

 

Report

Background

The purpose of this contract is for the design and construction of a sports pavilion that will have the following features:

·    Four change rooms;

·    Kitchenettes within the change rooms;

·    First aid room and club administration office;

·    Umpire change rooms;

·    Veranda; and

·    Landscaping and spectator seating.

Tenders for the contract closed on 16 May 2018.  The tendered prices and a summary of the evaluation are detailed in the confidential attachment.

EVALUATION

No member of the Tender Evaluation Panel declared any conflict of interest in relation to this tender evaluation.

A Tender Probity and Evaluation Plan was designed specifically for this tender process and it was authorised prior to this tender being advertised.  All tenders received were evaluated in accordance with that plan.  The evaluation involved scoring of conforming and competitive tenders according to these pre-determined criteria and weightings:

Criteria

Weighting

Price

50%

Capability

23%

Capacity

20%

Impact

7%

The weightings reflect the relative importance of each element to this particular contract.  They were determined as being most appropriate after considering numerous factors including (but not restricted to) the time, quality, risk and contract management requirements which were likely to have the most impact on the achievement of best value.

Only tenders that were conforming and competitive were fully scored.  Tender submissions that were evaluated as non-conforming or not sufficiently competitive were set aside from further evaluation.  In cases where this occurred the reasons for that outcome are detailed in the confidential attachment.

The evaluation outcome was as follows:

TENDERER

CONFORMING

COMPETITIVE

SCORE

RANK

Tenderer B
Modular Spaces Pty Ltd

Yes

Yes

87.4

1

Tenderer A

No

Yes

N/A

 

Tenderer C

Yes

No

N/A

 

Refer to the confidential attachment for further details of the evaluation of all 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 delivery of this project will provide a sports pavilion to meet the needs of the growing community.  This project is supported by a number of strategies aimed at creating inclusive environments and improving community infrastructure. Delivery of this project is expected to have a significant impact on users of all ages, gender, ability and cultural backgrounds.

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 tender from Modular Spaces Pty Ltd was determined to be best value and it is considered that this company can perform the contract to the required standards. 

Recommendation

THAT Council resolve to:

1.         Accept the tender submitted by Modular Spaces Pty Ltd for the sum of $3,327,292 (excluding GST) for the following contract:

Number:    2018-14

Title:          Design and Construction of Main Street Reserve Pavilion, Thomastown

subject to the following conditions:

a)    Tenderer to provide proof of currency of insurance cover as required in the tender documents.

b)    Price variations to be in accordance with the provisions as set out in the tender documents.

c)    Tenderer to provide contract security as required in the tender documents.

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

3.         Sign and seal the Contract documents.

 


Ordinary Council Agenda                                                                       Tuesday 3 July 2018

 

6.1.4    DESIGN AND CONSTRUCTION OF THE HARVEST HOME ROAD COMMUNITY PAVILION CONTRACT 2018-1 - TENDER EVALUATION REPORT

Attachments:                        1        Detailed Evaluation - 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 Planning & Major Projects

Author:                                  Senior Contracts Executive   

RECOMMENDATION SUMMARY

It is recommended that contract number 2018-1 for the Design and Construction of the Harvest Home Road Community Pavilion:

·    Is awarded to Harris HMC Interiors (VIC) Pty Ltd

·    For the lump sum price of $4,662,861 (excl. GST)

KEY FACTS AND / OR ISSUES

The original tender for the construction of the Harvest Home Road Pavilion did not result in suitable submissions that were competitive.  As such, the tender was terminated and a new tender was advertised that included the provision for tenderers to provide an alternative design of the pavilion with innovations and efficiencies.

The tender evaluation panel for the second tender advertisement advises that:

·    Six tenders were received; and

·    The recommended tenderer was the highest ranked and is considered best value because of its competitive price and its demonstrated ability and relevant experience to deliver this project in accordance with Council’s requirements.

 

 

Report

Background

The purpose of this contract is to design and build a community pavilion that shall have the following features:

·    Pavilion with six change rooms (to service three soccer pitches), mixed gender wet areas, social meeting space with adjoining catering facility, referee space, public toilets and storage space;

·    Surrounding paving and landscaping;

·    Design features integrated into three of the change rooms to allow for community multi-purpose use; and

·    Telecommunications supply, sewer connection, electrical supply, potable water/fire service, landscaping and signage.

Tenders for the contract closed on 4 April 2018.  The tendered prices and a summary of the evaluation are detailed in the confidential attachment.

EVALUATION

No member of the Tender Evaluation Panel declared any conflict of interest in relation to this tender evaluation.

A Tender Probity and Evaluation Plan was prepared specifically for this tender process and it was authorised prior to this tender being advertised.  All tenders received were evaluated in accordance with that plan.  The evaluation involved scoring of conforming and competitive tenders according to these pre-determined criteria and weightings:

Criteria

Weighting

Price

50%

Capability

23%

Capacity

20%

Impact

7%

The weightings reflect the relative importance of each element to this particular contract.  They were determined as being most appropriate after considering numerous factors including (but not restricted to) the time, quality, risk and contract management requirements which were likely to have the most impact on the achievement of best value.

Only tenders that were conforming and competitive were fully scored.  Tender submissions that were evaluated as non-conforming or not sufficiently competitive were set aside from further evaluation.  In cases where this occurred the reasons for that outcome are detailed in the confidential attachment.

The evaluation outcome was as follows:

TENDERER

CONFORMING

COMPETITIVE

SCORE

RANK

Tenderer A
Harris HMC Interiors (VIC) Pty Ltd

Yes

Yes

92.4

1

Tenderer B

Yes

Yes

90.2

2

Tenderer C

Yes

No

79.4

3

Tenderer F

Yes

No

61.3

4

Tenderer E

Yes

No

59.4

5

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

This project has been identified for application to the 2018/19 Growing Suburbs Fund.  If the funding application is successful, this grant amount will directly offset the Council Capital budget.  The formal announcement of successful applications to the Growing Suburbs Fund is not expected until September 2018.  This may impact on the timing of commencement of works as a funding agreement must be executed with the State Government prior to construction commencing.  As such, an additional resolution has been included in this report to delay the commencement of works until the formal announcement of successful applicants from the Growing Suburbs Fund.  A separate Council Report scheduled for 3 July 2018 will provide further information regarding this matter.

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 delivery of this project will provide a sports pavilion to meet the needs of the growing 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 tender from Harris HMC Interiors (VIC) Pty Ltd was determined to be best value and it is considered that this company can perform the contract to the required standards. 

Recommendation

THAT Council resolve to:

1.         Accept the tender submitted by Harris HMC Interiors (VIC) Pty Ltd for the sum of $4,662,861 (excluding GST) for the following contract:

Number:    2018-1

Title:          Design and Construction of the Harvest Home Road Community Pavilion

subject to the following conditions:

a)    Tenderer to provide proof of currency of insurance cover as required in the tender documents.

b)    Price variations to be in accordance with the provisions as set out in the tender documents.

c)    Tenderer to provide contract security as required in the tender documents.

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

3.         Sign and seal the Contract documents.

4.         Delay the commencement of the works until the State Government formal announcement of successful grants of the 2018/19 Growing Suburbs Fund, which is expected in September 2018.

 

 


Ordinary Council Agenda                                                                       Tuesday 3 July 2018

 

6.1.5    Planning Scheme Amendment C213- Epping Renewal Site- Exhibition Outcomes

File No:                                  192273

Attachments:                        1        Location Plan

2        Site Plan

3        Exhibited Framework Plan   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Senior Strategic Planner   

RECOMMENDATION SUMMARY

THAT Council resolve to:

1.       Note the updated response to submissions for the purposes of Council’s position on the Amendment to the Planning Panel.

2.       Authorise officers to continue discussions to seek resolution of unresolved submissions prior to the Panel Hearing, consistent with the officer recommendations contained in the body of this report.

3.       Advise the proponent, submitters and Planning Panels Victoria of the above.

KEY FACTS AND / OR ISSUES

·    Planning Scheme Amendment C213 seeks to rezone the subject land to facilitate the rehabilitation and future redevelopment of the site for mixed use purposes, including employment (commercial, health and retail) and housing (including social and affordable) development.

·    The Amendment was exhibited from 22 February - 22 March, 2018.

·    Seven submissions were received of which six were from agencies. Key agencies including Environmental Protection Agency and Melbourne Water support / do not object to the Amendment subject to minor changes.

·    At its meeting on 1 May, 2018 Council resolved to request the Minister for Planning appoint an independent Planning Panel to consider unresolved submissions.

·    The Planning Panel is set for the week commencing 23 July, 2018.

·    Since the report on 1 May, 2018 was presented, the issues raised in submissions have been further considered. The Directions Hearing which was held on 12 and 20 June, 2018 has narrowed the scope of issues to be considered by the Panel.

·    The purpose of this report is to provide an update on the response to submissions. This will inform Council’s position on the Amendment to the Planning Panel.


 

Report

PURPOSE

At its meeting on 1 May, 2018 Council resolved to request the Minister for Planning appoint an independent Planning Panel to consider unresolved submissions. The Planning Panel is set for the week commencing 23 July, 2018. The Directions Hearing which was held on 12 and 20 June, 2018 narrowed the scope of issues to be considered by the Panel.

Since the report on 1 May, 2018 was presented, the issues raised in submissions have been further considered. This has included further discussions with the submitter and proponent.

The purpose of this report is to provide an update on the response to submissions. This includes an updated response to the issues raised in the submission made on behalf of Bevendale Pty Ltd and others. This will inform Council’s position on the Amendment to the Planning Panel.

BACKGROUND

Council resolved at its meeting on 30 May, 2017 to seek authorisation from the Minister for Planning to prepare and exhibit Amendment C213 to the Whittlesea Planning Scheme.

Amendment C213 applies to land at 215, 315W and 325C Cooper Street, Epping and adjoining land (refer to Attachments 1 and 2). The Amendment seeks to rezone the subject land to facilitate the rehabilitation and future redevelopment of the site for mixed use purposes, including employment (commercial, health and retail) and housing development. A draft framework plan for the development was exhibited as part of the Amendment documents (refer to Attachment 3).

The resolution was subject to a number of conditions which were satisfied by the proponent prior to authorisation to prepare and exhibit the amendment being requested. Authorisation was granted under delegation from the Minister for Planning on 28 December, 2017.

The Amendment was publicly exhibited between 22 February - 22 March, 2018. Council considered the submissions received at its meeting on 1 May, 2018 and resolved to request the Minister for Planning to appoint an independent Planning Panel to consider unresolved submissions.

PROPOSAl

The proposed Planning Scheme Amendment seeks to amend the planning controls in the Whittlesea Planning Scheme to facilitate the rehabilitation and future redevelopment of the site for mixed use purposes, including commercial, retail and housing development. This includes:

§ Rezone the subject land from the Urban Floodway Zone, Industrial 3 Zone, Public Use Zone 3 and Priority Development Zone 1 to Commercial 1 Zone, Special Use Zone, Mixed Use Zone, Public Conservation and Resource Zone, Urban Floodway Zone and Public Use Zone 3 to facilitate the redevelopment of the land.

§ Rezone part 183-189 Cooper Street, Epping, from Industrial 3 Zone to Public Use Zone 3 to correct a zoning anomaly whereby land owned by the Northern Hospital is currently in an Industrial zone

§ Apply the Environmental Audit Overlay (EAO) to the former landfill part of the land (Environmental Audit Area 2) and any other contaminated land to ensure that no ‘sensitive uses’ can occur on potentially contaminated land until a Statement or Certificate of Environmental Audit has been issued

§ Apply the Development Plan Overlay (DPO) to the subject land to require a Development Plan to be prepared for the subject land

§ Revise the flood provisions mapping (Urban Floodway Zone (UFZ), Floodway Overlay (FO), Land Subject to Inundation Overlay (LSIO), to reflect revised flood mapping and characteristics as agreed to by Melbourne Water.

NOTIFICATION

Amendment C213 was placed on public exhibition between 22 February - 22 March, 2018 to affected landowners, prescribed Ministers and relevant government authorities. A notice appeared in the Whittlesea Leader on 20 February, 2018 and Government Gazette on 22 February, 2018. Letters were sent to affected and surrounding owners and occupiers.

A drop-in information session was held for residents on 7 March, 2017.

Seven submissions were received of which, six were from agencies. A summary of the submissions and an officer response is included in Table 1.

Table 1: Submission Summary Table

Submitter

Officer Response

Agency Submissions

1.      Melbourne Water

·     Melbourne Water support retention of Urban Floodway Zone (UFZ) over the current alignment of Edgars Creek

·     No objection to removal of Urban Floodway Zone over the Epping Drain, subject to changes in the Schedule 6 to the Development Plan Overlay (DPO)

·     Land Subject to Inundation Overlay (LSIO) is used as the overlay in areas subject to flooding in a 100-year Average Recurrence Interval (1 in 100 year) storm event

·     Schedule 6 of the proposed Development Plan Overlay (DPO) must be updated to include Melbourne Water (track) changes as submitted.

Noted. The requested changes to Schedule 6 of the proposed DPO are supported. The changes are technical in nature and do not substantially alter the intent of the amendment.

There may be the need to slightly alter the wording suggested by Melbourne Water, to provide consistency with the format of the schedule however this will be done with the agreement of Melbourne Water.

Officer Recommendation

Support the change to the amendment proposed by Melbourne Water generally consistent with the manner requested.

This submission is resolved.

2.         Environmental Protection Authority

EPA supports the amendment subject to the recommended changes outlined in their submission. Comments provided in respect to:

·     The process for surrendering the EPA landfill licence.

·     The process for responding to the findings of the Environmental Audits.

·     Support of the Site Remediation Strategy and request a minor update to the wording.

·     Support the application and extent of the Environmental Audit Overlay.

 

 

·     Recommended changes to the Development Plan Overlay Schedule 37 in respect to complying with a Statement of Environmental Audit.

·     Acknowledgement of the proposed treatment of Landfill Buffer within the Development Plan schedule.

Noted. The feedback and comments provided by the EPA are supported. This will ensure that the site contamination issues are assessed and responded to in the most thorough and comprehensive manner in accordance with EPA and other guidelines. The recommended changes to Schedule 37 to Clause 43.04 are supported to ensure that the development of the land accords with any Statement of Environmental Audit issued for the site.

Officer Recommendation

Support the change to the amendment as proposed by the Environmental Protection Authority in the manner requested.

This submission is resolved.

3.       Transport for Victoria (TfV)

·    Development Plan Overlay Schedule 37 should be updated to reflect existing and future public transport and to promote active transport connections.

·    The Amendment should recognise the potential ultimate role of Deveny Road as an arterial road transport corridor and finalise its cross section.

·    The VicRoads SmartRoads Network Operating Plan should be updated to consider this amendment as well as changes in the network and uses.

·    Consideration should be given to active transport connections between the amendment site and the potential future station and Pacific Epping Shopping Centre.

These comments are supported in principle. The comments in respect to public transport infrastructure and active transport connections are supported. The updates to Schedule 37 to Clause 43.04 will be drafted in consultation with TfV and the proponent. The recognition of the potential ultimate role of Deveny Road is supported however it is recommended that its cross section and intersections with access roads not be finalised until the Development Plan stage. This has been agreed to by TfV.

Officer Recommendation

Support the change to the amendment as proposed by Transport for Victoria generally consistent with the manner requested.

This submission is resolved.

4.       DEWLP (Environment)

The Department has considered the proposal has no objection to the proposed amendment.

The Department is satisfied that matters of interest in respect to waterway design, Growling Grass Frog habitat, waterway setbacks and infrastructure can be adequately addressed through the development plan approval process

The Department fully supports the recommended changes by Melbourne to the proposed Development Plan – Schedule 37 in relation to waterway enhancement of Edgars Creek and development setbacks.

Noted.

Officer Recommendation

This submission is resolved.

5.       Northern Health

No objection to the rezoning of land as provided in the Amendment.

 

 

 

 

Noted.

Officer Recommendation

This submission is resolved.

Other Submitters

6.       A joint submission on behalf of Bevendale Pty Ltd, which forms part of Pacific Shopping Centres Australia Pty Ltd (“Pacific Group”), Queensland Investment Corporation (“QIC”) and Costco Wholesale Australia (“Costco”) Pacific Shopping Centres Australia Pty Ltd (Pacific Group)

Object to the Amendment in its current form.

The submission outlines a number of planning, transport, economic and access issues.

The submitter considers that the Amendment in its present form fails to provide sufficient detail to enable this strategic analysis to take place and therefore it is considered that the Amendment:

·    is premature; and

·    should be abandoned.

Further to the above, the submitter suggests that the following further information is required to be provided prior to the Amendment progressing:

·    details about the mix of proposed commercial and retail uses (including the affordable housing requirement);

·    development contributions proposed (including any works-in-kind intended to upgrade the existing and planned road network); and

·    analysis of impact of the Amendment on wider Epping region.

 

The Amendment supports state and local planning policy and supports a range of Council strategies and plans.

The Amendment will deliver a range of beneficial outcomes including employment land to support jobs, a diversity of housing (incorporating a component of social and affordable housing, the rehabilitation of contaminated land and enhancement of Edgars Creek. It is considered that the preferred land uses and development outcomes will be clearly articulated in the planning controls.

Given, that an objective of the proposal is to support additional employment opportunities it is considered that that the planning controls should provide for and support a range of commercial, office, health and education uses.

In respect to retail uses it is important that the controls complement the retail hierarchy in the Epping area. Therefore, it is recommended that the controls be reviewed and refined to ensure that the extent of retail provides for meeting the needs of the new community but does not significantly impact upon the broader hierarchy.

The exhibited Schedule 37 Development Plan Overlay outlines the further reports and information to be prepared as part of the preparation of Development Plan to guide the development of the site. The schedule can be reviewed and refined if necessary to ensure that the Development Plan considers and provides for the necessary information and addresses relevant issues.

It is considered that the Amendment is strategically justified and will deliver a net community benefit. Therefore, the Amendment should be pursued.

Further, discussions have been held with the proponent and the submitter and a number of changes to the amendment controls have been agreed to. These primarily relate to the provision of retail as part of the future mixed use development and the restriction of land uses such as large supermarkets, department stores and shopping centres.

 

There remains only a small number of minor outstanding issues such as the provision of convenience sized supermarkets within future residential precincts.

Further, discussions will be held with the proponent and the submitter to resolve the final matters. If all matters are resolved prior to the scheduled Panel Hearing on 23 July, 2018 then the matter will be dealt with via papers only and the Panel Hearing will not be required.

Officer Recommendation

Do not support the request that the Amendment be abandoned.

Support appropriate changes to the planning controls, to ensure that they:

·    Complement the retail hierarchy in the Epping area whilst providing for the future retail needs of residents and workers in the precinct. In this respect support a:

-     Consolidation of the commercial precinct into the special use precinct to ensure a consistency of planning controls,

-     Restriction on the amount of retail land use (including food and drink premises) permitted in the special use precinct,

-     Restriction on large supermarkets, department stores and shopping centres from the mixed use precinct.

·    Ensure the requirements for the Development Plan provide for information necessary to support the development of the site; and

·    Provide a framework plan which identifies a connection to Deveny Road.

Refer the submission to the independent Planning Panel should the matter not be resolved prior to the Panel Hearing.

7.         Riverlee Caruso Epping Pty Ltd

Supports the Amendment and retains its right to amend or update this submission as the Amendment process advances. Requests minor changes consisting of:

 

 

 

·   Wording on Plan 7 in Clause 21.10 to include "proposed commercial / employment / housing area" to reflect the purposes of the proposed zones which are to be applied to the land.

·   Delete references to the Epping Drain in the Framework Plan in Schedule 37 to the Clause 43.04.

·   Wording in Clause 3.0 of DPO37 in respect to drainage infrastructure.

Noted. Further, discussions have been held with the submitter and Melbourne Water, in the context of the submission and these have now been resolved.

Officer Recommendation

This submission is resolved.

DISCUSSION

The exhibition of the Amendment resulted in seven submissions. Six of the submissions were from agencies that generally supported the Amendment and provided relevant comments or recommended changes. All these submissions have been effectively been resolved.

The objecting submission was a joint submission made on behalf of Bevendale Pty Ltd, Queensland Investment Corporation and Costco Wholesale Australia and requests that the Amendment be abandoned.

This request is not supported as it is considered that the Amendment is strategically justified, supported by state and local policy, the proposed planning framework (zone and overlay controls) is appropriate and the development will deliver a range of social, economic and environmental benefits.

The submission outlines a number of issues with the exhibited Amendment which will be subject to consideration as part the Planning Panel process.

Officers will continue to work with the submitter and the proponent with the aim of resolving as many issues as possible prior to the Panel Hearing. In this respect it is recommended that the planning controls be reviewed and refined if necessary to ensure that they satisfactorily respond to the issues and opportunities related to the site. This will occur prior to the Panel Hearing and will inform the submission to the Planning Panel should any issue remain unresolved.

NEXT STEPS

The Panel Hearing has been set for the week commencing 23 July, 2018. The Directions Hearing which resolved the administrative aspects of the Panel was held on 12 June, 2018.

Council officers will continue to work with the submitter and proponent to reach a resolution on outstanding issues. To this end, it is recommended that Council authorise officers to negotiate with submitters to resolve issues where possible to limit the matters to be considered at a Panel Hearing. 

Following the hearing, the planning panel will prepare a report with recommendations for the Planning Authority (Council) to consider.

CRITICAL DATES

Date

Key Milestone

May, 2017

Council resolve to commence planning scheme amendment subject to conditions

December, 2017

Conditions satisfied by proponent

December, 2017

Authorisation granted by Minister for Planning

February-March, 2018

Exhibition of Amendment C213

May, 2018

Consideration of Submissions

June, 2018

Directions Hearing

July, 2018

Planning Panel 

POLICY STRATEGY AND LEGISLATION

Ministerial Directions

The Amendment has been prepared considering the following ministerial directions:

§ Ministerial Direction No.1 Potentially Contaminated Land

§ Ministerial Direction No.9 Metropolitan Planning Strategy

§ Ministerial Direction No.11 Strategic Assessment of Amendments

The application of the Environmental Audit Overlay (EAO) to the contaminated part of the site and completion of the Environmental Audit prior to the completion of the Amendment satisfies Ministerial Direction No.1

                                                                                            

Planning Practice Notes

The Amendment documents have been prepared considering the following practice notes:

§ PPN02: Public Use Zones

§ PPN3: Applying the Special Use Zone (SUZ)

§ PPN12: Applying the flood provisions in planning schemes

§ PPN23: Applying the Incorporated Plan and Development Plan Overlays

§ PPN30: Potentially Contaminated Land

§ PPN46: Strategic Assessment Guidelines

 

State Planning Policy Framework

The amendment will implement the SPPF, particularly the following:

§ facilitate the remediation of contaminated land, particularly on sites in developed areas of Melbourne with potential for residential development;

§ facilitate development that increases the supply of affordable and social housing in suburbs across Melbourne;

§ support new housing in activity centres and other places that offer good access to jobs, services and public transport;

§ facilitate regional health and community wellbeing precincts through the co-location of hospitals, allied health services and not-for-profit health providers;

§ facilitate investment in Melbourne’s outer areas to increase local access to employment; and

§ plan for and facilitate the development of urban-renewal precincts as high amenity mixed use neighbourhoods that offer a range and choice of housing and other services.

 

Local Planning Policies and Strategies

The proposed amendment considers and implements Councils local planning policies and strategies including:

§ Council Plan - Shaping Our Future

§ Whittlesea Municipal Strategic Statement (MSS)

§ City of Whittlesea Economic Development Strategy - Growing our economy together

§ City of Whittlesea Open Space Strategy

§ City of Whittlesea Housing Diversity Strategy

§ City of Whittlesea Social and Affordable Housing Policy and Strategy.

 

The strategies and requirements of these plans are reflected in the Amendment documents including the Schedule to the Development Plan Overlay which will require them to be implemented as part of the preparation of a Development Plan for the site.

ENVIRONMENTAL, SOCIAL AND ECONOMIC EFFECTS

The subject land contains a number of environmental characteristics including significant habitat and contaminated land. It is considered the Environmental Audit process and EPBC Act approval process will satisfactorily address these issues. The proposed planning controls provide a ‘safety net’ to ensure that the issues are effectively resolved and response measures are implemented as part of the development of the land. Importantly, the EPA are supportive of the approach being undertaken by Council to appropriately address land contamination and landfill gas issues.

The facilitation of the development through a planning scheme amendment process aims to deliver a number of environmental, social and economic benefits including:

§ remediation of a contaminated site

§ enhancement of Edgars Creek and riparian corridor

§ additional employment and jobs in an established activity centre / employment precinct

§ opportunity for additional health facilities and services in proximity to the Northern Hospital

§ provision of a diversity of housing in proximity to jobs, services and public transport

§ opportunity for social and affordable housing to be integrated into the residential development, and,

§ contribution to community infrastructure in Epping Central.

It is considered that there is a community benefit in progressing the planning scheme amendment to facilitate the remediation and redevelopment of the land and to encourage the environmental, social and economic benefits outlined above.

FINANCIAL IMPLICATIONS

The cost of conducting the Panel Hearing will be borne by the proponent. In accordance with the Planning and Environment Act 1987, the proponent is also required to pay the statutory amendment fee for the consideration of submissions to Council.

Links to the CoUNCIL Plan

Council Priority                    Planning and Infrastructure

Future Direction                   Places and spaces to connect people

Theme                                   Planning our space

Strategic Objective              Urban design helps build our connection to place, the natural environment and the community

The proposed planning scheme amendment will support the implementation of the Council plan. The proposed planning scheme controls will ensure a well-designed mixed use development that will deliver a number of significant benefits to the community. The development will provide a diversity of housing in close proximity to jobs, services and transport. The development will create an expanded health precinct and additional quality employment areas which will generate a significant number of jobs. The design will contain significant ‘green spaces’ including the rehabilitation of the Edgars Creek and riparian corridor and retention of the historic quarry hole as an urban lake. This will contribute positively to the public realm and prosperity of the broader Epping Metropolitan Activity Centre.

Declarations of Conflicts of Interest

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

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

Conclusion

Amendment C213 to the Whittlesea Planning Scheme has been prepared and exhibited in accordance with Council’s resolution from May, 2017. The Amendment seeks to rezone the subject land to facilitate the rehabilitation and future redevelopment of the site for mixed use purposes, including employment (commercial, health and retail) and housing development.

Amendment C213 was publicly exhibited from 22 February - 22 March, 2018. A total of seven submissions were received to the Amendment.

At its meeting on 1 May, 2018, Council resolved to request the Minister for Planning appoint an independent Planning Panel to consider unresolved submissions.

One submission remains unresolved which will be referred to the Planning Panel.

The Planning Panel is set for the week commencing 23 July, 2018. Further, discussions have been held with the proponent and the submitter and a number of changes to the amendment controls have been agreed to. The Directions Hearing which was held on 12 and 20 June, 2018 therefore narrowed the scope of issues to be considered by the Panel to only outstanding matters.

Council officers will continue to work with the submitter and proponent to reach a resolution on outstanding issues. To this end, it is recommended that Council authorise officers to negotiate with submitters to resolve issues where possible to continue to limit the matters to be considered at a Panel Hearing.

If all matters are resolved prior to the scheduled Panel Hearing on 23 July, 2018 then the matter will be dealt with via papers only and the Panel Hearing will not be required. A report will subsequently be presented to Council on the outcome of this process.

 RECOMMENDATION

THAT Council resolve to:

1.       Note the updated response to submissions in Table 1 for the purposes of Council’s position on the Amendment to the Planning Panel.

2.       Authorise officers to continue discussions to seek resolution of unresolved submissions prior to the Panel Hearing, consistent with the officer recommendations contained in the body of this report.

3.       Advise the proponent, submitters and Planning Panels Victoria of the above.

 

 


Ordinary Council Agenda                                                                       Tuesday 3 July 2018

 

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6.1.6    47-53 The Boulevard, Thomastown - Construction of a Four Storey Residential Building (including a Basement) Comprising 21 Dwellings

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Senior Planning Officer   

APPLICANT:                        Spyros Nicolaou       

COUNCIL POLICY:              22.11     Development Contribution Plan Policy

ZONING:                               Residential Growth Zone

OVERLAY:                            Development Contributions Plan Overlay – Schedule 3

Special Building Overlay

REFERRAL:                          Melbourne Water

OBJECTIONS:                     24, including one petition with 72 signatures

RECOMMENDATION SUMMARY

That Council resolve that if it were in a position to determine the application, it would have refused Planning Permit Application No. 716144, for the construction of a four storey residential building (including a basement) comprising 21 dwellings, subject to detailed grounds of refusal relating to neighbourhood character, residential policies, integration with the street, building height, permeability, overlooking, overshadowing, accessibility, private open space, storage, design detail and site services, and that this position be represented at the upcoming Merits Hearing on 20 September 2018 associated with a review to the Victorian Civil and Administrative Tribunal (VCAT).

KEY FACTS AND / OR ISSUES

·    The application seeks a permit for the development of 47 and 53 The Boulevard with a four storey residential building (including a basement) comprising 21 dwellings. 

·    The land is in the Residential Growth Zone.  It was included in that Zone as part of the State Government’s transition to new residential zones in August 2016.  The land is also in the Neighbourhood Renewal Change Area under Council’s Housing Diversity Strategy (HDS).  Both encourage higher density housing.

·    The application was advertised and there were 24 objections received, including one petition with 72 signatures.  Grounds of objection included; car parking and traffic, overlooking and overshadowing, neighbourhood character, overdevelopment, impacts of basement construction, noise and waste collection. 

·    The applicant has lodged an appeal to the Victorian Civil and Administrative Tribunal (VCAT).  This report seeks to establish a Council position on the application for the purposes of representing Council’s position through the VCAT process.

 

Report

SITE AND SURROUNDING AREA

The site comprises two residential properties located on the southern side of The Boulevard in Thomastown, approximately 380m northeast of the Thomastown train station (see Attachment 1). 

The land is relatively flat and regular in shape, with a combined frontage of 30.5m to The Boulevard, a depth of 39.6m and a total site area of 1,207.9m². 

The site currently contains two detached single storey dwellings, finished in render or weatherboards, with pitched and tiled roofs.  Each dwelling contains a single width vehicle accessway, along the respective western side boundaries, leading to associated outbuildings.  Both dwellings also contain low rendered or brick front fences.  Landscaping within the front of the site is minimal, and limited to along the western side of the vehicle accessway.  Other limited landscaping is present in the southeast corner of the site.  

The surrounding area is characterised by predominately single storey dwellings, finished in render or weatherboards, with pitched and tiled roofs.  Larger outbuildings dominate the rear setbacks, while brick front fences, ranging in overall height, are present along The Boulevard.  Landscaping within front and rear setbacks is mixed in both the species selection and densities.   

Directly to the north and west of the site are single dwelling developments, while to the east of the site is a two dwelling development and to the south of the site is an unnamed road, followed by single dwelling developments fronting Cedar Street. 

Medium density developments can be located at 36, 57, 74, 79, 82, 86, 87 and 90 The Boulevard, 2, 3, 4 and 5 Currajong Street, 3 French Street, 4, 11, 13, 27, 31 and 32 Cedar Street and 1 and 9 Belah Street. 

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

·    Bus Route 570 – Thomastown to RMIT Bundoora (100m east);

·    Bus Route 559 – Thomastown via Darebin Drive (230m south);

·    Thomastown train station (380m southwest);

·    High Street Thomastown strip shops (380m southwest);

·    Thomastown East Primary School - (590m east);

·    Poplar Park (610m east);

·    Thomastown Primary School (710m southwest); and

·    Nick Ascenzo Park - (810m east).

restrictions and easements

The site is formally described as Lots 1 and 2 on Plan of Subdivision No. 045364. 

The site is also subject to Restrictive Covenant No. 2448748.  This Restrictive Covenant prohibits excavation, except for the purposes of a building.  The current application does not breach Restrictive Covenant No. 2448748.

The site is not covered by any easements. 

Proposal

The application seeks approval for the construction of a four storey residential building (including a basement) comprising 21 dwellings (see Attachment 2).  The existing dwellings and associated structures will be demolished.  The proposal is summarised as follows:-

Basement  

·    25 car parking spaces, including four visitor car parking spaces;  

·    Four resident bicycle parking spaces;  

·    20 storage areas;

·    A waste storage area; and

·    A ramped access to the basement by a double crossover located on the western side of the building (from a double crossover on the western side of the frontage).

Ground Level

·    Dwelling Nos. 1 to 7 (3 x one-bedroom and 4 x two-bedrooms) and associated terraces or balconies;  

·    4 visitor bicycle parking spaces; and  

·    Entry foyer.

First Floor (Level 1)

·    Dwelling Nos. 8 to 14 (3 x one-bedroom and 4 x two-bedrooms) and associated balconies.

Second Floor (Level 2)

·    Dwelling Nos. 15 to 18 (4 x two-bedrooms) and associated balconies.   

Third Floor (Level 3)

·    Dwelling Nos. 19 to 21 (3 x two-bedrooms) and associated balconies. 

General

·    The balconies provided each have a minimum area of 12.5m²;  

·    Maximum building height of 14.7m above natural ground level;

·    Materials and finishes include; metal wall cladding and plain and textured concrete panels.  

Further details of the proposal are outlined in the following table:-

 

Dwelling No.

Height / Scale

No. of Bedrooms

Setbacks

Private Open Space

Car Parking

Dwelling No. 1

Single Storey (Ground Floor)

2

7.5m front (north)

3.0m side (east)

65m²  (terrace)

One Space

Dwelling No. 2

Single Storey (Ground Floor)

1

3.0m side (east)

27m²  (terrace)

One Space

Dwelling No. 3

Single Storey (Ground Floor)

1

3.0m side (east)

3.2m rear (south)

64m²  (terrace)

One Space

Dwelling No. 4

Single Storey (Ground Floor)

2

3.1m rear (south)

32m²  (terrace)

One Space

Dwelling No. 5

Single Storey (Ground Floor)

2

3.0m side (west)

63m²  (terrace)

One Space

Dwelling No. 6

Single Storey (Ground Floor)

1

3.0m side (west)

22m²  (terrace)

One Space

Dwelling No. 7

Single Storey (Ground Floor)

2

7.7m front (north)

21m²  (terrace)

One Space

Dwelling No. 8

Single Storey (First Floor)

2

5.5m front (north) 3.0m side (east)

23m²  (balcony)

One Space

Dwelling No. 9

Single Storey (First Floor)

1

2.0m side (east)

15m²  (balcony)

One Space

Dwelling No. 10

Single Storey (First Floor)

2

2.0m side (east) 1.4m rear (south)

22m²  (balcony)

One Space

Dwelling No. 11

Single Storey (First Floor)

1

1.4m rear (south)

13m²  (balcony)

One Space

Dwelling No. 12

Single Storey (First Floor)

2

1.4m rear (south)  2.0m side (west)

21m²  (balcony)

One Space

Dwelling No. 13

Single Storey (First Floor)

1

2.0m side (west)

14m²  (balcony)

One Space

Dwelling No. 14

Single Storey (First Floor)

2

3.0m side (west) 

5.7 front (north)

24m²  (balcony)

One Space

Dwelling No. 15

Single Storey (Second Floor)

2

5.5m front (north)

6.0m side (east)

17m²  (balcony)

One Space

Dwelling No. 16

Single Storey (Second Floor)

2

4.2m rear (south) 6.0m side (east)

17m²  (balcony)

One Space

Dwelling No. 17

Single Storey (Second Floor)

2

4.1m rear (south)

6.0m side (west)

17m²  (balcony)

One Space

Dwelling No. 18

Single Storey (Second Floor)

2

5.7m front (north)

6.0 side (west)

17m²  (balcony)

One Space

Dwelling No. 19

Single Storey (Third Floor)

2

5.5 front (north)

6.6m side (east)

25m²  (balcony)

One Space

Dwelling No. 20

Single Storey (Third Floor)

2

7.9m side (east)  6.8m rear (south)

19m²  (balcony)

One Space

Dwelling No. 21

Single Storey (Third Floor)

2

6.7m side (west) 5.7m front (north)

25m²  (balcony)

One Space

Public Notification

Advertising of the application has resulted in 24 objections, including one petition with 72 signatures, being received.  The grounds of objection can be summarised as follows:-

1.       Insufficient car parking;

2.       Loss of on-street car parking; 

3.       Increases in traffic;

4.       Overshadowing;

5.       Overdevelopment of the site;

6.       Neighbourhood character;

7.       The building height is excessive;

8.       Insufficient space for rubbish collection;

9.       Insufficient open space and secluded open space;

10.     Overlooking;

11.     Insufficient diversity of apartment sizes;

12.     The structural impact of the basement construction; and

13.     Excessive noise. 

HOUSING DIVERSITY STRATEGY

The Housing Diversity Strategy (HDS) was introduced into the Whittlesea Planning Scheme (WPS) by Planning Scheme Amendment C181, gazetted on 22 October 2015.  The HDS provides a strategic framework for future residential development in the established areas of the municipality for the next 20 years.  It aims to guide the future location and diversity of housing stock and identifies areas of housing growth and change, including areas where future housing growth will not be supported.  In general, it aims to encourage higher residential densities and a diversity of housing types and sizes into areas within convenient walking distance to public transport and activity centres.

The HDS is a reference document in the Planning Scheme.

The site is within a Neighbourhood Renewal change area, which recognises areas close to services and facilities.  In this instance the site is only some 100m east of the Boulevard commercial area.  The preferred housing types are noted as townhouses, multi-units, and small scale apartments.

The Neighbourhood Renewal change area has a number of Key Design Principles, including:

·    A range of medium building heights;

·    Building heights that achieve passive surveillance;

·    Building heights that are of a human scale and integrate well with existing housing stock;

·    Reduced front setbacks to encourage activation to the street while still allowing space for low level landscaping;

·    Medium to higher site coverage to balance increased density and landscaping opportunities;

·    Usable private open space, balconies and communal shared spaces; and

·    Landscaping to complement medium to higher density built form.

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; and

·    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

x

x

The existing character of the area is dominated by single storey dwellings, with brick, weatherboard and tile construction materials.  Double or triple front facades also dominate the area.  Medium density built form includes double storey elements and more modern use of rendered finishes and boxy built form. 

The proposal is at odds with the existing and preferred neighbourhood character for the area.

The four storey built form on the edge of the Neighbourhood Renewal change area / Residential Growth Zone is considered against the gradual change sought for the area and not responsive to the sensitive interface of the medium density development to the east of the site. 

The residential building lacks elements from the existing character, which may include, but is not limited to; brick features (besides those incorporated into the front fence), additional recession and protrusion to reflect the double and triple fronted features of the area, vertical features to break up the extensive horizontal built form, planter boxes or ledges to reduce the use of screening and a general holistic design form.

The design response lacks any innovation for a significant change to the area and is therefore considered unacceptable.     

B2

Residential Policy

x

x

The site is located within a Neighbourhood Renewal change area.  It is also important to note the site is located on the periphery of Neighbourhood Renewal change area and is bordered by the less intense Neighbourhood Interface change area. 

The proposed building height is not of a human scale nor will it integrate well with the existing housing stock.  A proposal which seeks to maximise the allowable building height on the edge of the Residential Growth Zone / Neighbourhood Renewal change area is considered inappropriate. 

The proposal fails to suitably integrate with The Boulevard, with 1.9m high fences proposed along the entire frontage to provide seclusion to the private open spaces.

The establishment of canopy trees to soften the built form is unlikely due to the extent of the basement construction. 

A majority of the private open spaces proposed are unusable, both of the ground floor and upper levels. 

While a medium density development of  two or more storeys is preferred for the area, it is considered the particular design of this development does not meet the specific key design principles of the HDS.  

B3

Dwelling Diversity

P

P

The proposal contains a combination of one and two bedroom dwellings, with varying dwelling sizes across the four levels of the residential building.  It is considered Standard B3 has been satisfied.   

B4

Infrastructure

P

P

 

B5

Integration with the Street

x

x

It is considered the internal arrangement of Dwelling Nos. 1 and 7 as well as the fencing and landscaping treatments within the front setback result in unacceptable integration with The Boulevard.  The layout of Dwelling Nos. 1 and 7 provide good northern orientation; however also require 1.9m high timber paling fences to provide seclusion to the private open spaces.  This design response fails to achieve the integration objectives of Clause 55.02-5 providing no ground floor surveillance and poor fencing material selection.  Furthermore, the proposed lawn area in the north eastern corner of the site will add minimal landscaping value and will be difficult to maintain.  Finally, the 1.6m high steel frame fence should be reduced to 1.5m in accordance with Standard B32.   

B6

Street Setback

P

x

The proposal requires a street setback of 7.6m, however a street setback of only 7.5m has been provided.  It is considered this 0.1m variation is acceptable. 

B7

Building Height

x

x

The maximum building height for the Residential Growth Zone is 13.5m (noting this can be exceeded in particular circumstances).  The proposed residential building will have a maximum building height of 14.7m. 

It is considered the variation to the maximum building height sought should not be supported. 

Buildings on abutting lots are single storey.  Furthermore, the site is not on a corner and is relatively flat. 

The site is located on the periphery of the Residential Growth Zone (one medium density development and a road separating it from the General Residential Zone) and it is considered a 14.7m residential building amongst abutting single storey dwellings is not a graduated change of building heights.  The proposed building height is considered contrary to Council’s HDS as it is not of a human scale and does not integrate well with existing housing stock. 

B8

Site Coverage

P

P

 

B9

Permeability

x

x

Standard B9 requires a pervious surface area of 20.0% of the site.  The proposal includes a pervious area of 17.5% of the site. 

This design response is considered unacceptable and indicative of an overdevelopment of the site. 

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

x

x

A Landscape plan was submitted as part of the planning permit application.

It is considered the design response provided is unacceptable for an apartment development.  Paving should be limited to areas required for active recreation.  While the ground floor footprint may facilitate the above ground trunk and canopy of a tree, it is considered the basement car park, which is setback 1.1m from the side boundaries and 1.9m from the rear boundary, will provide shallow planting conditions, which will further hamper the successful establishment of canopy trees.  

B14

Access

P

P

 

B15

Parking Location

P

P

 

B17

Side and Rear Setbacks

P

x

Excluding two minor balcony screening encroachments, the proposal complies with Standard B17 and is considered acceptable. 

B18

Walls on Boundaries

N/A

N/A

 

B19

Daylight to Existing Windows

P

P

 

B20

North-facing Windows

N/A

N/A

 

B21

Overshadowing Open Space

x

x

Standard B21 requires each abutting secluded private open space must have 40.0m² free of shadows for five hours between 9:00am and 3:00pm. 

A majority of the overshadowing from the proposed development will fall onto 43 and 57 The Boulevard and 7 Beech Street. 

43 The Boulevard will have in excess of 50.0m² of secluded private open space free from shadows from 10:00am to 3:00pm. 

57 The Boulevard and 7 Beech Street both have less than 40.0m² of secluded private open space with access to sunlight; therefore the existing amounts of sunlight should not be further reduced.

The proposed development will reduce the aforementioned properties access to sunlight from 1:00pm, which is considered unacceptable and symptomatic of a design that does not appropriately respond to the constraints of the site and is an overdevelopment of the site. 

B22

Overlooking

x

x

Firstly, as raised numerous times with the Applicant, the windows indicated on the floor plans does not match the elevations provided. 

Secondly, windows that require screening along the eastern and southern elevations have not been screened. 

Thirdly, the living room windows / balconies of Dwelling Nos. 9, 10, 11, 12, 13, 16, 17 and 20 will be entirely screened, which is considered an unacceptable level of amenity for the proposed dwellings. 

Overall, the features to address overlooking are considered ill-conceived and symptomatic of a poor design response and overdevelopment of the site. 

B23

Internal Views

P

P

 

B24

Noise Impacts

P

P

The noise generated by the proposed development is considered acceptable for a residential zoned area. 

B25

Accessibility

x

x

While it is acknowledged the site is subject to a Special Building Overlay, which requires the finished floor levels of the dwellings to be a minimum 108.55m to Australian Height Datum, no attempt has been made to provide a ramp and step free access from The Boulevard.  This is considered an unacceptable design response for a medium density development. 

B26

Dwelling Entry

P

P

 

B27

Daylight to New Windows

P

P

 

B28

Private Open Space

x

x

Firstly, Dwelling Nos. 2, 4, 6 and 7 do not satisfy the area requirements of Standard B28.  More specifically, Dwelling Nos. 6 and 7 do not even provide 25.0m of secluded private open space.  This is considered an unacceptable design response for a residential building with no on site communal open space. 

Secondly, the balconies of eight dwellings are completed screened to address overlooking, which greatly hampers the amenity of the spaces. 

B29

Solar Access to Open Space

N/A

N/A

 

B30

Storage

x

x

Excluding Dwelling Nos. 3 and 5, sufficient external storage areas have not been provided, noting the above bonnet external storage areas in the basement are above a standard 4.9m long car parking space, therefore not providing 6.0m³ of storage space in total.

B31

Design Detail

x

x

As identified earlier in this report, the elevation plans do not accurately reflect the floor plans with regard to the siting and length of windows. 

The selected materials and colours palette results in a lack of visual appeal for the residential building.  The proposed finishes are bland and the lack of colour and design articulation on the textured concrete is unacceptable. 

The excessive use of screening to address overlooking results in excessive visual bulk and a poor design response.  Variation should be provided to the design of the balconies, including materials, detailing and depth / projection. 

The proposal also lacks vertical building elements to break up the strong horizontal lines. 

B32

Front Fences

P

x

Subject to the proposed front fence being reduced to a maximum height of 1.5m, it is considered the design response provided is satisfactory. 

B33

Common Property

P

P

 

B34

Site Services

x

x

A Waste Management Plan was submitted as part of the planning permit application. 

This WMP nominates six 660 litre garbage bins, with three for the storage of waste and three for the storage of recyclables.  Use of a tug is also recommended.  It is considered the waste storage room nominated within the basement car parking area is acceptable. 

The WMP nominates private waste collection occurring from The Boulevard.  While a private waste collection is considered acceptable, it is considered collection of 660 litre bins, with an individual gross weight of 130kg, from The Boulevard verge unacceptable.  It is considered a grassed verge to accommodate the weight of such a bin is unacceptable.  Furthermore, the WMP nominates an 8.8m long rear lift vehicle will collect the waste, which is likely to result in the garbage bins being stored directly on The Boulevard, which is a traffic hazard and also unacceptable.  

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

1

1

1

Yes

3

1

1

1

Yes

4

2

1

1

Yes

5

2

1

1

Yes

6

1

1

1

Yes

7

1

1

1

Yes

8

2

1

1

Yes

9

1

1

1

Yes

10

2

1

1

Yes

11

1

1

1

Yes

12

2

1

1

Yes

13

1

1

1

Yes

14

2

1

1

Yes

15

2

1

1

Yes

16

2

1

1

Yes

17

2

1

1

Yes

18

2

1

1

Yes

19

2

1

1

Yes

20

2

1

1

Yes

21

2

1

1

Yes

Visitor

N/A

4

4

Yes

bicycle facilities 

While the required bicycle facilities have been provided, detailed to ensure such facilities comply with Clause 52.34-4 – Design of Bicycle Spaces were not provided. 

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.

SPECIAL BUILDING OVERLAY

The application was referred to Melbourne Water who offered no objection to the application, subject to conditions on any planning permit issued. 

Comments on Grounds of Objection

1.   Insufficient car parking;

The required number of car parking spaces for residents and visitors has been provided in accordance with the Whittlesea Planning Scheme. 

2.   Loss of on-street car parking; 

The proposal includes a 6.0m wide crossover, which will not result in any additional loss of on-street car parking.  Furthermore, four visitor car parking spaces will be provided on site. 

3.   Increases in traffic;

It is considered the increase in traffic volumes is acceptable for a residential zoned area.  


 

4.   Overshadowing;

The proposed development will result in an unacceptable amount of overshadowing onto 57 The Boulevard and 7 Beech Street. 

5.   Overdevelopment of the site;

It is considered the cumulative impact of the overall building height, overlooking treatments and overshadowing is symptomatic of an overdevelopment of the site. 

6.   Neighbourhood character;

It is considered the overall building height, overlooking treatments and building materials and colours are not in accordance with the existing or preferred character for the area. 

7.   The building height is excessive;

It is considered the proposed building height is unacceptable and the maximum building height of 13.5m should not be exceeded. 

8.   Insufficient space for rubbish collection;

It is considered the area provided for the storage of waste is acceptable; however the collection of waste from The Boulevard is unacceptable. 

9.   Insufficient open space and secluded open space;

It is considered some of the secluded private open spaces are insufficient either in size or usability. 

10. Overlooking;

It is considered not all overlooking has been addressed through the use of screening and the proposed screening measures are considered unacceptable. 

11. Insufficient diversity of apartment sizes;

The proposal contains a range of dwellings varying into both areas and the number of bedrooms, which is considered acceptable. 

12. The structural impact of the basement construction; and

This is a matter for assessment under the Building Code of Australia

13. Excessive noise. 

It is considered the noise generated by the proposal is acceptable for a residential zoned area. 

Declarations of Conflicts of Interest

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

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

Conclusion

The application has been assessed against the Whittlesea Planning Scheme and in particular the objectives and standards of Clause 52.06, Clause 52.34, Clause 55 and the State and Local Planning Policy Frameworks, including the Housing Diversity Strategy.  The proposal demonstrates an unsatisfactory level of compliance.  It is considered that the proposal is inappropriately designed, and will have a detrimental impact on the character of the neighbourhood and on existing surrounding residential properties. Accordingly, refusal of the application is recommended.

 

Recommendation

THAT Council resolve that if it were in a position to determine the application, it would have refused Planning Permit Application No. 716144, for the construction of a four storey residential building (including a basement) comprising 21 dwellings, at 47-53 The Boulevard, Thomastown, on grounds detailed below and that this position be represented at the upcoming Merits Hearing on 20 September 2018 associated with a review to the Victorian Civil and Administrative Tribunal (VCAT):

1.       The proposed development does not achieve satisfactory compliance with the following:

a)      Clause 55.02-1 - Neighbourhood Character;

b)      Clause 55.02-2 - Residential Policy;

c)      Clause 55.02-5 – Integration with the Street;

d)      Clause 55.03-2 – Building Height;

e)      Clause 55.03-4 – Permeability;

f)       Clause 55.03-8 – Landscaping;

g)      Clause 55.04-5 - Overshadowing Open Space;

h)      Clause 55.04-6 – Overlooking;

i)       Clause 55.05-1 – Accessibility;

j)       Clause 55.05-4 - Private Open Space;

k)      Clause 55.05-6 – Storage;

l)       Clause 55.06-1 - Design Detail;

m)     Clause 55.06-2 – Front Fences; and

n)      Clause 55.06-4 - Site Services.   

 

2.       The proposal does not comply with Clause 52.34-4 – Bicycle Facilities of the Whittlesea Planning Scheme.

3.       The proposal will result in an overdevelopment of the site and will have an adverse impact on neighbourhood character and onsite amenity.

 


Ordinary Council Agenda                                                                                    Tuesday 3 July 2018

 

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Ordinary Council Agenda                                                                                    Tuesday 3 July 2018

 

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6.1.7    Development Plan- 75 O'Herns Road and 100B Yale Drive, Epping- Exhibition Outcomes

Attachments:                        1        Subject Sites

2        Development Concept Plan   

Responsible Officer:           Manager Strategic Planning & Design

Author:                                  Senior Strategic Planner   

RECOMMENDATION SUMMARY

That Council :

 

1.       Note that the officer’s report indicates that the 75 O’Herns Road and 100B Yale Drive Epping Development Plan is prepared in accordance with Schedule 9 to clause 43.04 to the Whittlesea Planning Scheme subject to changes required. The purpose of the changes is to clarify developer obligations for the creation of a signalised intersection at Manor House Drive, and the transfer of land associated with the Public Transport Corridor. 

 

2.       Delegate to the Chief Executive Officer the power to approve the 75 O’Herns Road and 100B Yale Drive Epping Development Plan following receipt of the required changes being made to the document, and advise the proponent accordingly.

KEY FACTS AND / OR ISSUES

·    The proposed 75 O’Herns Road and 100B Yale Drive Development Plan has been prepared in line with the requirements of the relevant Development Plan Overlay (Schedule 9).

·    The proposed Development Plan will allow for the property to be developed for employment purposes.

·    The Development Plan incorporates a road layout which responds to the existing and future development to the east and west of the subject site, and protects and ultimately provides a missing link in the Epping North Transport Corridor located along the southern boundary of 100B Yale Drive, Epping North.

·    The proposed Development Plan was placed on non-statutory exhibition. No submissions were received during this time.

·    It is recommended that Council endorse and approve the Development Plan subject to conditions stated in this report.

Report

INTRODUCTION

The purpose of this report is to consider the 75 O’Herns Road and 100B Yale Drive Development Plan (the Development Plan). The Development Plan only affects the subject properties. The purpose of this Development Plan is to provide greater certainty about the future use and development of the subject land.

The submitted Development Plan has been prepared in accordance with the provisions of Schedule 9 to the Development Plan Overlay. A development Plan must be in place before any application for subdivision and/or development can be considered.

SITE DESCRIPTION, ZONES AND OVERLAYS

The subject sites (Attachment 1- Subject Sites) are located on the southern side of O’Herns Road, adjacent to the Cooper Street Employment Area, and maintain abuttals with uses that can broadly be described as business or industrial in nature.

The subject sites are currently vacant and are a combined total of approximately 27 hectares.

The property at 75 O’Herns Road, Epping maintains a direct abuttal with O’Herns Road to the north, and is flanked to the east and south by existing industrial and commercial use and development associated with the Cooper Street Employment Area. A mixed use residential development is located along the northern side of O’Herns Road.

The property at 100B Yale Drive, Epping is located directly to the south of 75 and 115 O’Herns Road. The site abuts existing and future employment and commercial uses to the east, south and west.

The subject sites are affected by an Industrial 1 Zone (INZ1). The sites are also affected by a Development Plan Overlay Schedule 9 (DPO9) and a Land Subject to Inundation Overlay (LSIO).

The area to the west, is subject to the Cooper Street Employment Area Development Plan and is affected by a Comprehensive Development Zone (CDZ2) while the area to the south of the subject site are affected by an Activity Centre Zone (ACZ1).

The areas to the north and east of the subject sites are affected by the General Residential Zone (GRZ1). 

KEY FEATURES OF THE PLAN

The Development Plan, which includes an overarching Development Concept Plan and accompanying text document, has been prepared in accordance with Schedule 9 to the Development Plan Overlay.

The submitted Development Concept Plan which was placed on non-statutory exhibition is provided at Attachment 2.

The Development Plan aims to provide a framework to deliver uses and built form consistent with the objectives of the Industrial 1 Zone as it applies to the site.  It specifically provides for:

·    The continuation of the employment focus of the area, having regard to the adjoining industrial land that forms part of the Cooper Street Employment Area.

·    A key gateway commercial site which will allow for the establishment of complementary uses.  

·    The provision of land for a Drainage Reserve at the southern boundary of the subject side, as required by Melbourne Water.

·    A connected and permeable road network. 

·    An internal road layout that responds to roadways on abutting land.

·    Land set aside as part of the future transport corridor

·    Building design standards that provide for high quality future development and activated frontages.

·    Incorporation of existing natural features (including remnant vegetation) into the street layout and design response where possible.

·    Car parking areas to be located at the rear of buildings where possible, or sleeved by built form to minimise their visibility from the street.

·    Provision of landscaping within the frontage of the site and within car parking areas.

·    The plan identifies the need for a signalised intersection at Manor House Drive.

CONSULTATION

There is no statutory requirement to exhibit the Development Plan. Notwithstanding, non-statutory exhibition of Development Plans provide an important opportunity for affected landholders and referral authorities to raise issues that would ordinarily be identified at a later stage in the approval process. The draft Development Plan was placed on non-statutory public exhibition from January 30, 2017 and February 12, 2017.

No submissions were received in relation to the proposed Development Plan.

DEVELOPMENT CONTRIBUTIONS

No Development Contributions Plan applies to the subject. Any works required to be undertaken for the development of the site are to be wholly funded the developer of the site. This includes the provision of a signalised intersection at Manor House Drive, Epping, as identified in the 75 O’Herns Road and 100B Yale Drive, Epping, Development Plan.

DISCUSSION

As outlined earlier in the report, the proposed Development Plan is consistent with the DPO9 which applies to the subject land.

The Development Plan is reflective of the nature of development which has occurred on surrounding properties to date, and has considered the existing and future development of the abutting sites located at 55, 85, 115 and 135 O’Herns Road, and 18 Dillop Drive, Epping.

The Development Plan will provide for the development of a range of building types required for an employment are, and will allow for a range of lot sizes that can accommodate a variety of uses and development types, including small lots for small factory building types and larger lots as required for warehouse building types.

The northern portion of 75 O’Herns Road (the frontage) has been identified for commercial uses. It is considered that this will provide for an attractive, activated entry into the subdivision, and will allow for the development of uses that are complementary to the remainder of the development plan area and the Cooper Street Employment Precinct.

The proposed Development Plan is required to provide substantial drainage infrastructure to accommodate overland flows. The wetland and retarding basin will be located at the southern boundary of 100B Yale Drive. Some embellishment will occur around the drainage infrastructure, including the development of a shared path that will link into the overarching path network.

The proposed Development Plan has considered the future development of the adjoining properties to east and west of the subject sites. It is noted that the landowner has provided links into the existing and proposed road connections to these sites in order to create the ultimate layout of their proposed Development Plan and to ensure an integrated development outcome.


 

This has allowed for east-west links across the sites, including the provision for the extension of Annalise Street which will provide for a direct link to High Street once all of the adjoining landowners have developed. No north south link can be provided to the broader precinct as the southern portion of 100B Yale Drive is impacted by the Public Transport Corridor.

The preparation of the Development Plan will provide Council, and surrounding landowners, with a greater level of certainty about the nature of development which will occur on the land in the future.

Following the approval of the Development Plan, the applicant is required to submit a subdivision application for Council’s assessment. The subdivision application is required to be generally in accordance with the approved Development Plan.

The review and referral processes which has been undertaken in order to prepare the development Plan has been extensive with several versions of the document being prepared following officer review and feedback.

As outlined above, no submissions were received in relation to the proposed Development Plan. Following the final internal review of the document, there were several issues identified that require amending prior to the approval of the plan. The amendment are required in order to ensure that the obligations of the developer are clearly articulated within the Development Plan. The changes are as follows:

·    All plans within the document that show the signalisation of the Manerhouse Drive intersection are to have the legend amended to state "Signalised Intersection-  Funded and delivered by the landowner to the satisfaction of Council"

·    At page 19 of the document wording is to be added at paragraph 1 so that it reads: "Primary access will be provided via the construction of a new signalised intersection at O’Herns Road, Manor House Drive and the proposed southern entry road. The current unsignalised three-way intersection which provides access to residential land to the north will be update d to provide a fourth southern leg into the site with signalisation of the intersection to be undertaken at this time. These works are to be funded and delivered by the landowner of 75 OHerns Road, and 100B Yale Drive, Epping, to the satisfaction of Council."

·    Add an additional paragraph 1 on Page 20 of the document to provide for specifications for the Public Transport Corridor. This should specify the 30 metre width of the corridor and the 5 metre landscape buffer.

·    Immediately following the above addition, the following wording is to be added- "Land required for the Public Transport Corridor is to be transferred to the relevant authority prior to the issue of the statement of compliance for the stage which within which the Public transport land is contained or at an alternate time as agreed by Council. The transfer of the land will be at no cost to Council."

Following the above amendments being made, it is considered that the Development Plan should be approved.

referral

The Development Plan was referred to relevant key internal departments prior to the non-statutory exhibition of the document. The key issues raised at this time can be summarised as follows;

·    The need for a signalised intersection at Manor House Drive.

·    The need to ensure adequate land is provided for the for a large drainage reserve at the south eastern boundary of the site which is to accommodate localised flows from the subject site and surrounding properties. The location and size of the reserve is to the satisfaction Yarra Valley Water.

·    The need for a road frontage to the Public Transport Corridor located at the southern boundary of 100B Yale Drive.

It is considered that all of the issues were resolved prior to the Development Plan being placed on non-statutory exhibition.

Policy strategy and legislation

The Development Plan supports the following local and state policies and strategies:

·    Plan Melbourne 2017-2050

·    Economic Development Strategy- Growing Our Economy

·    Clause 11.06 Metropolitan Melbourne in the State Planning Policy Framework

·    Clause 17.02 Industry in the State Planning Policy Framework

·    Clause 21.10 Economic Development in the Local Planning Policy Framework

·    Clause 22.09 Industrial Development Policy in the Local Planning Policy Framework

The proposed Development Plan is consistent with State     Planning Policies including Plan Melbourne 2017-2050. In particular, the Development Plan implements policy to:

Plan for industrial land in the right locations to support employment and investment opportunities.

The proposed Development Plan considers and implements Councils local planning policies and strategies including:

·    Whittlesea Municipal Strategic Statement (MSS)

·    Industrial Development Policy.

Links to the CoUNCIL Plan

Council Priority                    Planning and Infrastructure

Future Direction                   Places and spaces to connect people

Theme                                   Planning our space

Strategic Objective              Urban design helps build our connection to place, the natural environment and the community

The Development Plan provides a strategic framework for the development of an employment precinct. The Development Plan ensures that the estate will be well connected and landscaped to provide for an attractive employment precinct.

Declarations of Conflicts of Interest

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

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

Conclusion

The Development Plan provides for the industrial development of the subject land in line with Council’s objectives to increase supply of employment land.

The Development Plan has been prepared in accordance with Schedule 9 of the Development Plan Overlay. The Development Plan is also consistent with the other relevant policies and strategies of the Whittlesea Planning Scheme. The Development Plan was exhibited to landowners and referral authorities and no submissions were received.

To this end, it is recommended that Council endorse the 75 O’Herns and 100B Yale Drive Development Plan generally in accordance with the Development Concept Plan provided at Attachment 2 and delegate the approval of the final Development Plan to the Manager of Strategic Planning and Design.

RECOMMENDATION

THAT Council resolve to:

1.       Note that the officer’s report indicates that the 75 O’Herns Road and 100B Yale Drive Epping Development Plan is prepared in accordance with Schedule 9 to clause 43.04 to the Whittlesea Planning Scheme subject to the following amendments being made to the Development Plan:

 

a)      All plans within the document that show the signalisation of the Manerhouse Drive intersection are to have the legend amended to state "Signalised Intersection-  Funded and delivered by the landowner to the satisfaction of Council"

 

b)      At page 19 of the document wording is to be added at paragraph 1 so that it reads: "Primary access will be provided via the construction of a new signalised intersection at O’Herns Road, Manor House Drive and the proposed southern entry road. The current unsignalised three-way intersection which provides access to residential land to the north will be updated to provide a fourth southern leg into the site with signalisation of the intersection to be  undertaken at this time. These works are to be funded and delivered by the landowner of 75 OHerns Road, and 100B Yale Drive, Epping, to the satisfaction of Council."

 

c)      Add an additional paragraph 1 on Page 20 of the document to provide for specifications for the Public Transport Corridor. This should specify the 30 metre width of the corridor and the 5 metre landscape buffer.

 

d)      Immediately following the above addition, the following wording is to be added- "Land required for the Public Transport Corridor is to be transferred to the relevant authority prior to the issue of the statement of compliance for the stage which within which the Public transport land is contained or at an alternate time as agreed by Council. The transfer of the land will be at no cost to Council."

2.       Delegate to the Chief Executive Officer the power to approve the 75 O’Herns Road and 100B Yale Drive Epping Development Plan to the Council officer report under Schedule 9 to clause 43.04 to the Whittlesea Planning Scheme, upon the Chief Executive Officer being satisfied that the above changes have been made as contemplated in 1 a)-d) above.

3.       Advise the proponent of Council’s Resolution.

 

 


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Ordinary Council Agenda                                                                       Tuesday 3 July 2018

 

6.1.8    33 Farmstead Way, Mernda - Use and development of land for the purpose of a childcare centre, buildings and works within a heritage overlay, and display of business identification signage

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer   

APPLICANT:                         DJ Piercy Pty Ltd

COUNCIL POLICY:              22.04     Heritage Conservation Policy

                                               22.05     Child Care Centre Policy

ZONING:                               General Residential Zone

OVERLAY:                            Development Contributions Plan Overlay

Development Plan Overlay

Heritage Overlay

Incorporated Plan Overlay

Vegetation Protection Overlay

REFERRAL:                          Nil

OBJECTIONS:                      Nil

RECOMMENDATION SUMMARY

THAT Council resolve to approve Planning Application No. 717336 and issue a permit for the use and development of land for the purpose of a childcare centre, buildings and works within a heritage overlay, and display of business identification signage, subject to conditions.

KEY FACTS AND / OR ISSUES

·    It is proposed to use and develop a child care centre and display a business identification sign on the subject land. Buildings and works within a Heritage Overlay is also proposed as the subject land is the site of the Black Braes farmhouse and well.

 

·    Planning Permit No. 711758 issued on 1 April 2010 allowed for demolition and works on this site, which will result in the reconstruction of the farmhouse and preservation of the well.  The farmhouse will be incorporated as the prominent feature of the overall building.

 

·    The application was exempt from advertising requirements as it is generally in accordance with the Mernda West Development Plan and Mernda Strategy Plan.

 

·    The proposal demonstrates a satisfactory level of compliance with the relevant provisions of the Whittlesea Planning Scheme and is an ideal re-use of an existing heritage building sited within a park reserve.

Report

SITE AND SURROUNDING AREA

The subject site is a vacant lot, with the exception of several intact heritage elements that were associated with the Black Braes Farm. It is located to the north of Farmstead Way, Mernda, approximately 600m south of Bridge Inn Road (see Attachment 1). The site can be accessed by an existing crossover located to the south-eastern corner of the lot.

The land has a fall of 2.0m that runs approximately from the centre of the lot and out to all boundaries. The site is rectangular in shape and has a frontage of 67.5m to Farmstead Way and a depth of 32.9m. The site has a total site area of 2,224m2.

Immediately surrounding the lot to the north, east, and west is a Council reserve. The broader area consists of the Settlers Hill residential estate, which is generally characterised by standard density residential developments.

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

·    Bus Route 386 – Mernda North to Bundoora RMIT via Cravens Rd (125m east)

·    Mernda West Local Park (0m north and west)

·    Leonardo Park (285m southeast)

·    Gilson College Mernda (600m northwest)

·    Woodland Waters Reserve (630m southeast)

·    Mernda Central College (735m east)

·    Jindi Family and Community Centre (785m east)

·    Bus Route 387 – Mernda North to Bundoora RMIT via Hawkstowe Pde (800m east)

restrictions and easements

There are no restrictions on Title that affect the subject land. There are also no easements that encumber the land. 

Proposal

It is proposed to use and develop a child care centre on the subject land along with the display of associated business identification signage. The proposal requires buildings and works within a heritage overlay.

Use and Building

The child care centre is to have capacity for 98 children and will be operated by a maximum of 20 full-time staff at any given time. It is to operate from 7:00am to 7:00pm, Monday to Friday.

The overall building proposed consists of two attached built forms.

The existing heritage elements of the Black Braes Farm located on the subject land are to be rebuilt in accordance with previous Planning Permit No. 711758, which allows for the partial demolition and reconstruction of the farm homestead. This portion will form the eastern section of the building and is directly accessed from the car park. The entrance, reception, foyer, office spaces, and staff amenities will be located within this area. The materials of this building include face brickwork, corrugated steel, and painted weatherboards.

The children’s area will be located within the western portion of the building and is of a modern architectural design. It will feature metal wall cladding, compressed fibre cement, and plywood materials. A saw-tooth roof form that sits lower in height relative to the heritage building frames this portion the overall building.

There are four children's rooms that are organised in a quadrant formation, with the shared corridor and internal amenities/storage separating each room. The following detail of each room is provided:

Children’s Room

Location

Dimensions

1

North-eastern ‘quadrant’

11.0m x 10.7m

2

North-western ‘quadrant’

11.0m x 10.7m

3

South-eastern ‘quadrant’

11.0m x 6.7m

4

South-western ‘quadrant’

6.8m x 6.7m

The children's areas of the centre will be fenced by a proposed 1.5m high pool fencing to the south and east, and the existing 1.8m high pool fencing to the north and west.

Car Parking and Access

The existing crossover from Farmstead Way will provide for vehicle and pedestrian access to the site. An at-grade car parking area consisting of a total of 21 parking spaces (including one disabled car space) is to be located to the east of the site.  All spaces are proposed to be 2.6m in width and 4.9m in depth, and will be accessed from an accessway that has a width of 6.4m.

Signage

It is also proposed to display one business identification signage. It will be located along the southern elevation facing Farmstead Way, adjacent to the vehicle entry point. The sign is approximately 1.05m tall and 3.85m wide. The sign will not be illuminated.

Public Notification

Pursuant to Clauses 43.03-2 and 43.04-2 of the Whittlesea Planning Scheme, an application under any provision of this scheme which is generally in accordance with the incorporated plan (Clause 43.03) and development plan (Clause 43.04) is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act.

Planning assessment

The following State Planning Policies, Local Planning Policies and particular provisions of the Whittlesea Planning Scheme (the Scheme) are considered relevant to this application.

State Planning Policy Framework

The following clauses within the State Planning Policy Framework are considered to be of most relevance to the proposal:

Clause 11 – Settlement

Planning is to anticipate and respond to the needs of existing and future communities through provision of zoned and serviced land for housing, employment, recreation and open space, commercial and community facilities and infrastructure.

Clause 15.01 – Built Environment and Heritage

Planning should ensure all new land use and development appropriately responds to its landscape, valued built form and cultural context, and protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value.

Land use and development planning must support the development and maintenance of communities with adequate and safe physical and social environments for their residents, through the appropriate location of uses and development and quality of urban design.

To ensure the conservation of places of heritage significance.

Clause 17 – Economic Development

To encourage development which meet 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.

Local Planning Policies

Clause 22.04 - Heritage Conservation Policy

The objective of this policy are as follows:

·    To identify, protect and maintain the integrity and character of Whittlesea’s heritage places.

·    To recognise local heritage and other cultural features when considering development and subdivision proposals in accordance with Council’s guidelines for urban design, infrastructure development, development plans and precinct structure plans.

·    To require that heritage places are considered and secured at the earliest stages of the development process.

·    To protect and, where possible, enhance the setting of heritage places and the visual relationship between heritage places.

·    To protect views of, and vistas to, heritage places including mature vegetation and landmarks that contribute to the character of a heritage place.

·    To support the conservation and repair of dry stone walls and their sympathetic integration within new developments.

The considerations of the policy in relation to alterations and addition to heritage places within Clause 22.04-4 ‘Policy’ are considered:

It is policy to:

·    Require alterations and additions to consider and respect the external form, bulk, façade patterning, painting, finishes and materials of the heritage building.

·    Require a heritage Conservation Management Plan in complex cases and instances where a detailed understanding of the significance of the place along with the importance of materials, architectural details, etc. is needed in order to direct conservation actions.

·    Encourage ancillary services and equipment (such as satellite dishes, aerials, shade canopies, or similar structures) to be concealed from view from the public realm.

·    Consider ancillary services that improve the sustainable performance of a heritage building such as solar panels, rain water tanks and solar hot water services that may be visible from the public realm if there is no alternative location and they are sensitively integrated into the design of any alteration or additions.

·    Encourage new on-site car spaces to be located at the rear of the property or in a side setback area.

·    Discourage additions that would be visible from the public realm unless it can be demonstrated to the satisfaction of the Responsible Authority that, as appropriate:

o The height and position of the addition, where visible from the public realm, does not negatively impact upon the heritage place or any adjoining or adjacent heritage place.

o The form of the addition, where visible from the public realm, respects the external form, bulk, façade pattern, painting, finishes and materials of the heritage building.

As indicated above, consent has been granted for demolition and reconstruction of elements contained within Heritage Overlay (Schedule 14). The relevant permit (Planning Permit 711758) required a Conservation Management Plan to be prepared and executed through a Section 173 Agreement with Council.

The Conservation Management Plan prepared by Bryce Raworth states:

'It is currently proposed that the building be adapted for reuse as a childcare centre, and this is acceptable provided the redevelopment be sensitively handled'

The report states that the proposal can be accommodated on the site in a manner which enables the farmhouse to remain substantially externally intact and to be a key reference point in the area.

The plans show that the farmhouse will be the predominant feature of the site, particularly its presentation to the corners of Observer Terrace/Henrietta Avenue and Farmstead Way/Henrietta Avenue, along Henrietta Avenue, and the T-intersection of Shanks Way/Henrietta Avenue. The extensions required to the farmhouse have been sensitively designed in taking into consideration the scale and form of the farmhouse, which has translated into a building height that is lower than the farmhouse, is of a modern design that does not seek to ‘emulate’ the heritage elements and are differentiated through to appropriate materials and colours (see Attachment 2). 

Clause 22.05 - Child Care Centre Policy

The objective of this policy is to ensure appropriately located and well-designed child care centres have a minimal impact on the amenity of the area and serve the needs of the community.

It is considered the proposed child care centre is generally in accordance with the Child Care Centre Local Planning Policy.  An assessment against the requirements of the policy is provided below.

·    Encourage child care centres to locate adjacent to or in proximity to other community support facilities such as schools, pre-schools, open space, medical centres, and recreational facilities.

The subject site is located in proximity to the following services:

o    Mernda West Local Park (0m north and west)

o    Leonardo Park (285m southeast)

o    Gilson College Mernda (600m northwest)

o    Woodland Waters Reserve (630m southeast)

o    Mernda Central College (735m east)

o    Jindi Family and Community Centre (785m east)

·    Encourage child care centres to locate in proximity to public transport routes.

The subject site is located in proximity to the following public transport routes:

Bus Route 386 – Mernda North to Bundoora RMIT via Cravens Rd (125m east)

o Bus Route 387 – Mernda North to Bundoora RMIT via Hawkstowe Pde (800m east)

The Mernda Rail extension is also underway and is forecasted to be completed by September 2018. The nearest station will be Mernda Station located approximately 1.5km northeast of the site.

·    Minimise impacts on residential amenity and enhance access, corner sites are preferred locations for child care centres. Establishment of child care centres within cul-de-sacs and on main roads is discouraged.

The location is considered to be suitable as it’s surrounded by a Council reserve and, located on a residential road, immediately west to the corner of Farmstead Way and Henrietta Avenue.

·    Ensure that the scale and appearance of purpose built child care centres is consistent with surrounding land use, site characteristics, and site location. In residential areas child care centres should have a residential scale, height and building form, which is sympathetic to the character of adjoining dwellings and the streetscape.

The scale of the built form is assessed in detail below. In summary, the proposed design is considered to be sympathetic to the surrounds and is of a residential scale in terms of overall size and sensitively accounts for the heritage elements of the site.

·    Ensure that access to and from the site is to be designed in such a way as to allow for the safe and efficient movement of vehicle and pedestrian traffic, including safe set down areas.

Car parking and access is assessed in detail below. In summary, the car parking area allows for safe vehicle access and parking. 

·    Ensure proposals fulfil a demonstrated need.

The proposal was referred to Council’s Family, Children & Young People Department. It was noted that including this proposal, there are a total of five other sites that could contain potential child care centres within a 1.5km radius, three of which already have approval and two including this one are under consideration.  None of these centres appear to have commenced construction and their approvals are dispersed throughout the Mernda West area to the north, north west and west of the subject site.  There is one existing centre on the north side of Bridge Inn Road within Mernda Villages near the shops, Goodstart Jindi Kindergarten and Extended Care 1km east, and another existing centre over 2km away to the south east.

Some of the permit holders may never act upon their approvals and it will become a matter of first in from a construction and operation perspective.  In the event that any would not be viable, they are unlikely to be constructed given the cost and investment usually of between $1.5 million - $3 million to construct. 

The applicant submitted a report on long day child care centres within Mernda (prepared by ASR Research Pty Ltd) to support their proposal and demonstrate a need.  The report assumes a number of variables which may or may not eventuate ranging from alternative provision rates (Metropolitan Melbourne), future Federal funding changes, surrounding child care centre closures, and other approvals not proceeding or being refused an extension of time to a permit, to conclude that the proposal is justifiable.

Zoning and Overlay Provisions

Clause 32.08 - General Residential Zone

The subject site is located within the General Residential Zone (GRZ1).  Pursuant to Clause 32.08-1 of the Whittlesea Planning Scheme, a Child Care Centre is a Section 2 use, therefore a planning permit is required.  Additionally, Clause 32.08-6 of the Whittlesea Planning Scheme, states that any buildings and works associated with a Section 2 use requires a planning permit.


 

It is considered that the proposal is compatible with existing residential and public park uses.  The child care centre is likely to create some noise (children playing), however given the general nature of childcare centres, the peak times for outdoor play are not in the earlier or later hours of operation. Further to this, the use is buffered by the surrounding public open space use. The hours of operation are considered to be conventional and acceptable. 

It is considered that the design, overall height, setbacks and general appearance of the building is an acceptable outcome that remains in character within the area. The heritage elements of the site are embellished and referenced through the contrasting modern design of the western portion. This is done through the materials selection and the form of the building. A landscape plan prepared by a suitably qualified and experienced landscape architect will be required by way of a condition on permit. 

The scale and intensity of the use is considered proportionate to the size of the land and the context of being located within a residential estate, whilst details of car parking are discussed within later sections of this report.

It is anticipated that deliveries to the site will be via smaller vehicles for supplies and food.  The proposed car park will be able to accommodate such vehicles.  Waste will be stored and collected from within the car parking area via private waste collection twice a week.  The waste management plan submitted with the application will be endorsed and will form part of any planning permit that is issued.   

Clause 32.08-13 states that advertising signage requirements are at Clause 52.05 of the Whittlesea Planning Scheme and that in this zone signs are classified as being a Category 3 area.  The propose signage would therefore be assessed under the provisions of Clause 52.05-8.

Clause 42.02 – Vegetation Protection Overlay (Schedule 1)

The purpose of Clause 42.02 (VPO) is to ‘preserve and maintain significant vegetation and the character of the area’.  No permit is required to remove vegetation which is not native. The application does not propose to remove any native vegetation.

Clause 43.01 – Heritage Overlay (Schedule 14)

The heritage overlay applies to the house known as Black Braes Farm, the wells and cow bales. No external paint, internal alterations, or tree controls apply and prohibited uses may be permitted.

As previous planning approvals have appropriately addressed the conservation and reconstruction works of the heritage place, the new additions to the site must still be considered (the western portion of the overall building and associated areas, fencing, display of an advertising sign, and the car parking area) to ensure that they don’t detract from the existing historical significance.

The proposed buildings and works have been appropriately designed by way of ensuring that the heritage elements of the site are not overwhelmed and dominated. The materials and overall design of the new additions allow for the house and well to be distinguished and observed as the point of focus to the site.  The significance of the heritage place will not be adversely affected by the proposal.

It is noted that the proposed use and development are an ideal re-use of the site to ensure the ongoing heritage place is protected and maintained.  The site is relatively large at over 2200m2, located within a park that would be unlikely to suit a single dwelling.  Re-use of heritage sites like this with complementary yet non-residential uses ensures the historical significance can continue through appropriate re-use and ongoing maintenance.


 

Clauses 43.03 & 43.04 – Incorporated Plan Overlay (Schedule 1) & Development Plan Overlay (Schedule 5)

The IPO1 sets out the broad strategic framework for the development of the Mernda Strategy Plan (MSP). The MSP contains key objectives and strategic responses to guide development within the overall Mernda region. 

The subject land falls within Precinct 4 of the MSP.  The key component to the MSP is to ensure that new development is sustainable and delivers environmental improvement, social progress and local economic growth. The MSP supports the implementation of the strategy by requiring a Development Plan be prepared and approved before development of the area commences.

In accordance with this, the Mernda West Development Plan (MWDP) provides a vision and broad framework for development of the overall Development Plan area which extends from the Quarry Hills (west), Bridge Inn Road (north), Cravens Road (east) and Regent Street (south).

Pursuant to Clauses 43.03-1 and 43.04-1, a permit granted must be generally in accordance with the MSP and MWDP.

No specific use is prescribed for the subject site within the MWDP, and the buildings and works are considered to be consistent with the objectives set out for the site; “The Black Braes Farm has been shown set amongst parkland to retain some form of its current setting.” (p.32). Accordingly, the proposed use and development of the child care centre is consistent with the intent and objectives of the MWVDP, and in turn the MSP. 

45.06 – Development Contributions Plan Overlay (Schedule 8)

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.  These contributions have been addressed as part of the broader subdivision of the area.

Particular Provisions

Clause 52.05 – Advertising Signage

The proposed signage (see Attachment 2) is considered to be appropriate given the purpose of the sign is to modestly advertise the child care centre at one location on site. The sign to be displayed is not considered to be excessive in size and is not anticipated to cause any amenity impacts on the surrounding properties or on the character of the immediate area into the future. The sign has been sensitively and conventionally designed, will be non-reflective, appropriately located, and proportion to the use and built form proposed. Overall, the proposed signage is deemed to be a reasonable outcome for the child care centre to be easily identified and gain appropriate exposure along Farmstead Way.

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

Child care centre

0.22 spaces per child

98 children

21 spaces

21 spaces

0      spaces

 


 

As demonstrated above, the proposal complies with the required number of car parking. The proposed accessway allows for all vehicles to exit the site in a forward direction. The dimensions of the proposed accessway (6.4m) and car parking spaces (2.6m x 4.9m) comply with the minimum dimensions required, and the accessway grade within the first 5 metres complies at a grade of 1:14. Council’s City Design & Transport Department had no objections to the proposal.

Declarations of Conflicts of Interest

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

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

Conclusion

The application has been assessed against the planning zone provisions and other relevant planning provisions, including the State and Local Planning Policy Frameworks of the Whittlesea Planning Scheme, and is considered to be consistent with the relevant policies and strategies of the Planning Scheme.  It is considered that the proposed use and development of the land for the purpose of a child care centre, buildings and works within a heritage overlay, and display of advertising signage is consistent with development in the surrounding area, subject to some minor modifications and conditions as recommended.  Therefore, it is recommended that a Planning Permit be issued, subject to appropriate conditions.

Recommendation

THAT Council resolve to approve Planning Application No. 717336 and issue a Permit for the Use and Development of Land for the Purpose of a Childcare Centre, Buildings and Works within a Heritage Overlay, and Display of Business Identification Signage  in accordance with the endorsed plans and subject to the following conditions:

Landscape Bond

1.      

a)      Prior to the endorsement of the plans, or at such later date as the Responsible Authority may approve in writing, there must be lodged with the Responsible Authority an amount of $2, 000 as security deposit for the satisfactory completion and maintenance of the landscaping works hereby permitted.

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

Landscape Plan

 

2.       Before the development hereby permitted commences, three copies of a landscape plan prepared by a suitably qualified (or experienced) landscape designer to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of this permit. The plan must show:

 

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

b)      The area or areas set aside for landscaping;

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

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

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

f)       Appropriate irrigation systems;

g)      Appropriate maintenance details;

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

Site Management Plan

 

3.       Before the development starts, the Owner of the land must submit a Site Management Plan for approval to the Responsible Authority.  The Site Management Plan must provide details of:-

 

a)      Hours during which construction activity will take place;

b)      Measures to control noise, dust and runoff, including the collection of silt and other waterborne contaminants;

c)      The location of where building materials are to be kept during construction;

d)      Site security; and

e)      Traffic management for entry and egress to the site.

Car Parking

 

4.       No fewer than 21 car spaces must be provided for the use allowed by this permit, to the satisfaction of the Responsible Authority.

No Alterations

 

5.       The development allowed by this Permit and shown on the plans and / or schedules endorsed to accompany this Permit must 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.

Prior to Occupation

 

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

 

8.       Prior to the occupation of the child care centre 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.

Engineering Plans

 

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

 

11.     Discharge of stormwater from the land will be required by means of an underground pipe drainage system designed to the satisfaction of the Responsible Authority and discharging into an approved outlet in a street or an underground pipe drain to the requirements of the Responsible Authority.  In this regard no water must be discharged from any pipe or paved area onto the surface of any adjacent land.

Provision of Services

12.     Prior to the occupation of the child care centre 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.

 

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

 

14.     The Permit Holder must 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 must be responsible for obtaining prior specific written approval for any works involving the alteration of Council or other Public Authority assets.

Signage

 

15.     Signs must not contain any flashing light.

 

16.     Signs must not be illuminated in any way except with the written consent of the Responsible Authority.

 

17.     All signs must be constructed and thereafter maintained to the satisfaction of the Responsible Authority.

 

18.     The signage component of this Permit expires fifteen years from the date of issue.  At the expiry of this Permit, any sign authorised by this Permit must be removed from the land.

Amenity

 

19.     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.

 

20.     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.

 

21.     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.

 

22.     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.

 

23.     The amenity of the area must not be detrimentally affected by the use or development 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.

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

Uses

 

25.     No more than 98 children must be accommodated within the child care centre at any one given time to the satisfaction of the Responsible Authority. 

 

26.     The child care centre must only operate from 7:00am to 7:00pm, Monday to Friday.

 

27.     Unless otherwise agreed in writing by the Responsible Authority, no more than 20 staff members are allowed on the premises at any one time, to the satisfaction of the Responsible Authority.

Waste Management

 

28.     Collection of waste must be in accordance with the Waste Management Plan as approved by the Responsible Authority and must be undertaken by a private contractor and must not cause unreasonable disturbance to nearby commercial and industrial properties to the satisfaction of the Responsible Authority.  Waste collection must occur outside the hours of operation of the child care centre and must ensure all vehicles enter and exit the site in a forwards direction.   

Permit Expiry

 

29.     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;

 

(b)     The approved development is not completed within 4 years of the date of this permit; or

 

(c)     The approved use is not commenced within 2 years of the date of completion.  

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.


Additional City of Whittlesea Approvals

The child care centre kitchen is required to be registered with Council under the Food Act.  Detailed plans and elevations of the kitchen / work areas should be submitted to Council’s Health Department for approval before any building or fit out work commences to ensure compliance with the required standards

 


Ordinary Council Agenda                                                                                    Tuesday 3 July 2018

 

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Ordinary Council Agenda                                                                       Tuesday 3 July 2018

 

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6.1.9    Planning Scheme Amendment C221- River Red Gum Protection Policy - Exhibition Outcomes and Adoption

Attachments:                        1        Clause 22.10 River Red Gum Protection Policy Exhibited Version   

Responsible Officer:           Team Leader Strategic Planning Policy

Author:                                  Strategic Policy Planner   

RECOMMENDATION SUMMARY

Adopt Amendment C221 to the Whittlesea Planning Scheme as exhibited and forward to the Minister for Planning for approval.

KEY FACTS AND / OR ISSUES

·        Amendment C221 updates the existing Clause 22.10 River Red Gum Protection Policy in the Whittlesea Planning Scheme.

·        Following public exhibition of the Amendment, one submission was received. Council Officers clarified the matters raised in the submission with the submitter. The submission has subsequently been withdrawn, with no changes proposed to the exhibited version of the policy.

·        The amendment seeks to ensure the policy remains relevant and effective. The proposed changes do not change the policy intent; rather they strengthen and update the policy.

·        In line with statutory requirements Council must make a decision within 60 business days of the closing dates of submissions being 27 July 2018.

 

Report

Background

The purpose of this report is to seek adoption of Planning Scheme Amendment C221 to update the existing Clause 22.10 River Red Gum Protection Policy in the Whittlesea Planning Scheme.

The River Red Gum (RRG) Protection Policy was developed and included in the Whittlesea Planning Scheme in 1998. The aims of the policy are to ensure the long term protection and viability of RRGs in growth areas and in existing areas. These objectives continue to be important given the high level of urban growth occurring across the municipality.

This policy has contributed to the protection and retention of one of our key landscape features for the long term benefit of our community. RRG retention is identified in the Community Plan as being highly valued by our community, setting the City of Whittlesea apart from other growth area municipalities

Council resolved on 6 February, 2018, to seek authorisation from the Minister for Planning to prepare and exhibit Planning Scheme Amendment C221. Authorisation was subsequently granted and the amendment was exhibited for four weeks between 29th March and 3th May, 2018. A copy of the exhibited RRG Protection Policy is included as Attachment 1.

River Red Gum Protection Policy Review

The requirement for a review of the RRG Protection Policy was an action identified in the Environment Sustainability Strategy (ESS) 2012-2022, adopted by Council in May 2013.

This review has been informed by the:

·    Outcomes of a review by the Sustainability Planning Unit in 2015,

·    Outcomes of Amendment C187 Wollert Precinct Structure Plan (PSP) Panel Report,

·    Internal consultation on the implications of the Wollert PSP Panel Report.

The review found that the policy was working well, in particular that the current policy:

·    Is well known in the community, with developers and across Council, leading to high tree retention rates,

·    There is the opportunity to provide greater focus on the re-generation of trees,

·    Should discourage trees within individual private lots and,

·    Update the reference documents listed under the policy, to include Tree Protection Zones (TPZ),

·    The Wollert PSP Panel tested the RRG Protection Policy and Council’s approach to the retention of RRGs. The Panel Report ultimately accepted the role and validity of the Policy following the weight of background research provided by Council that demonstrated a proven track record for achieving greater than 80% retention of mature RRGs across development of the growth areas,

·    The Panel Report recommended amending the existing Policy to include specific reference to Wollert. This has highlighted the need to strengthen the policy to specifically clarify that it relates to development in growth areas as well as existing urban and rural areas,

·    The Panel Report reinforced the legitimacy of the policy in terms of the overall approach and the quantum of trees protected, and recognised the contribution RRGs make to our community, environment and landscape.

The review process concluded that the policy warranted minor updates to reflect the outcomes identified above and the Wollert PSP Panel Report, to ensure the policy remains relevant and effective. These updates are discussed further below.

PROPOSED AMENDMENT

The policy (Attachment 1) applies to the protection of RRGs across the municipality to ensure development in existing and future urban areas, as well as in rural areas, take into account the presence, retention, enhancement and long term viability of RRGs.

Since its inclusion in the Planning Scheme in 1998, the RRG Protection Policy has successfully shaped the landscape in respect to the protection, retention and incorporation of RRGs into the design of urban development across the municipality. This element of our landscape sets our municipality apart from other growth areas.

A Local Planning Policy only applies in instances where a planning permit is already required by the Planning Scheme. This policy will not place additional permit requirements on applicants. Its sole purpose is to guide decision making when Council is considering a planning permit application. It can help an applicant and the community understand how a proposal will be considered and what will influence decision-making.

Amendment C221 makes minor updates to the existing policy to ensure it remains relevant and effective in guiding planning decisions, particularly amid extensive growth and development in the municipality. This amendment represents the only substantial change to this key Council policy since its incorporation into the Whittlesea Planning Scheme in 1998.

The changes proposed can be summarised as follows:

·    Include specific reference to development in ‘future’ urban areas (i.e. growth areas),

·    Include a policy objective to ensure maximum RRG retention is considered as a priority in the design of any development or subdivision. This is consistent with the objectives of Urban Growth Zone Schedule 5 and Wollert PSP Section 4.4 and reflects the outcomes of the Wollert PSP Panel Report,

·    Strengthen the wording to support regeneration of RRG’s including protection of juvenile trees. Protecting juvenile RRGs through the development design process is fundamental to the survival of mature trees and protecting the species, particularly as the estimated growth rate of a mature RRG is less than a centimetre of diameter a year,

·    Clarify that RRG trees proposed for retention be sited in public open space or road reserves in appropriate locations, as approved as part of the planning process. Currently, the siting of RRG trees on private lots is generally discouraged through the subdivision approvals process as it is not ideal for the long term protection of the trees. Past experience has shown that, in instances where this has occurred, the health and integrity of the RRG tree is often compromised, or over time the trees shedding branches can pose a threat to people or property, resulting in tree removal. Where a tree is permitted to be retained on a private lot, the landowner would be required to go through a formal approval process to seek removal. On this basis, it has become standard Council practice that trees identified for retention be sited on public land in subdivision design approvals, where appropriate setbacks and TPZ can be managed in the long term. This ensures protection of the RRG trees in perpetuity and minimises any risk posed by their siting on private lots,

·    Include relevant objectives relating to the Tree Protection Zones (TPZ) in the policy, to give the TPZ guidelines sufficient weight, and

·    Include the City of Whittlesea Tree Protection Zone Standards (Nov 2014), as a reference document. This is consistent with the Wollert PSP which contains the same TPZ Standards.

EXHIBITION OF THE AMENDMENT

Amendment C221 was placed on public exhibition for a period of four weeks between 29 March and 3 May 2018. Notification packages were sent to VicRoads, the Victorian Planning Authority and prescribed Ministers. Notices were placed in the Victorian Government Gazette and the Whittlesea Leader. Information about the Amendment was also uploaded to Council website.

One submission was received in response to the exhibition process. Council officers considered the submission and provided a written response to the submitter to clarify the matters raised in the submission.  After considering the Council Officers response, written confirmation has been received that the submission has been withdrawn. See the discussion below on the details of the submission and Council Officers response.

Submission

Following the exhibition process one submission was received by Niche Planning Studio on behalf of Villa World Pty Ltd.

The key issues raised and Council Officers responses are summarised as follows:

·    The updated wording doesn’t encourage flexibility in tree retention requirements and will not allow the opportunity for Council, developers and applicants to work collaboratively for a positive design outcome in development approvals.

Council Response:

This assertion is not supported.  It is considered that the policy wording does provide flexibility. The proposed updated wording reflects Council’s aim which is to “maximise” RRG retention, which has been strengthened to clarify the policy intent. Further, Council continues to demonstrate flexibility on the ground and in the assessment of planning applications to ensure it does not have an unexpected or too onerous an outcome where alternative design solutions to retain the trees may be possible.

·    The reference to juvenile trees is not supported given these trees are not required to be identified in aborist reports and will provide uncertainty with which juvenile trees are to be retained in development.

Council Response:

The insertion of juvenile RRG trees is critical to the policy intent as it ensures the survival of mature RRG trees through their regeneration. Protecting juvenile RRGs is particularly important as the estimated growth rate of a mature RRG tree is less than a centimetre of diameter a year. Further, the policy wording does not mandate specific requirements for retention (which ensures flexibility is retained), rather it seeks to maximise opportunities to retain RRG trees. The policy wording therefore provides discretion in considering planning applications.

·    The updated policy reference to TPZ’s should include wording “generally in accordance” to enable flexibility in Implementing TPZ’s. 

Council Response:

Ensuring all trees nominated for protection are located within TPZ’s as per Council’s standards reflects Council’s current approach. This is consistent with the Wollert PSP which also contains the same TPZ Standards. It is also in line with Australian Standards and based on the physical boundaries of the trees. It is noted that the amendment does not propose any policy wording changes in relation to TPZ’s, other than to reference the Standards. Including reference to the TPZ’s in the policy provides clear guidance to applicants and developers, Council officers and the community on Council’s accepted approach.

Council Officers discussed the issues raised with the submitters. This was followed up with a written response on 24th May 2018 where the policy intent was explained.

Following consideration of the Council Officers response and clarification of the policy, the submitter provided written advice on 31 May 2018 that they wish to withdraw their submission. It was noted that the key theme of their submission regarding implementation and maintaining flexibility at the permit stage would be reflected in the Council report.

Critical Dates

Ministerial Direction 15, prescribed by the Minister for Planning, requires that Council must make a decision to abandon or adopt an amendment within 60 business days of the closing date for submissions. In line with this statutory requirement, Council must make a decision on Amendment C221 by 27 July 2018.

If Amendment C221 is adopted by Council, a request to approve the amendment will be sent to the Minister for Planning. If the amendment is approved by the Minister for Planning it is likely that it will be Gazetted before the end of the year.

referral/CONSULTATION

Internal consultation has been undertaken to inform the updates to the existing policy.  Officers also consulted DELWP, who given the minor nature of the changes, did not raise any concerns with the proposed policy updates.

Policy strategy and legislation

Whittlesea Planning Scheme

The following sections of the Whittlesea Planning Scheme support the Amendment:

State Planning Policy Framework

·    Clause 12.01-1 - Protection of biodiversity - to assist the protection and conservation of biodiversity, including native vegetation retention and habitats.

·    Clause 12.01-2 - Native vegetation management - to achieve no net loss in the extent and quality of native vegetation by applying a risk-based approach to managing native vegetation as set out in the guidelines.

Local Planning Policy Framework

·    Clause 21.02-3 – Key Issues: Environment and Landscape Values – recognises a key visual landscape feature of the municipality is the extent of mature RRGs, estimated to be between 200-800 years of age. Maximising protection is a key feature in the City

·    Clause 21.04-5 – Habitat Creation and Revegetation:

Ø Strategy 2.2: Encourage subdivisions designed and constructed to protect existing RRGs where possible in open space or road verges.

Ø Strategy 2.4: Retain and restore natural landscape character where possible, with special emphasis on RRG.

·    Clause 21.04-6 – Green Wedge Areas: Strategy 2.7: Encourage RRG regeneration.

·    Clause 21.05-2 – Biodiversity - recognises RRGs are an important part of the landscape, have heritage value and provide habitat and food for native fauna.

·    Clause 21.09-1 – Housing: Capacity and Location: Strategy 1.5: Plan to create ‘unique’ local identity through implementation of Place-Making techniques and linking of new communities to local features or focal points including RRGs.

·    Clause 22.10 - River Red Gum Protection Policy - Protection of RRGs to ensure development takes into account the presence, retention, enhancement and long term viability of RRGs.

 

Particular Provisions

·    Clause 52.17 – Native Vegetation – that planning approval is required to remove, destroy or lop native vegetation on land that has an area greater than 0.4 hectares.

The RRG Protection Policy is also supported by the following Council Strategies:

·    Environmental Sustainability Strategy (ESS) 2012–2022 - a 10 year framework for Council and the Community to work together towards a more sustainable future. A review of the RRG Protection policy is an Action identified in the ESS.

Links to the CoUNCIL Plan

Council Priority                    Planning and Infrastructure

Future Direction                   Places and spaces to connect people

Theme                                   Planning our space

Strategic Objective              Urban design helps build our connection to place, the natural environment and the community

The Amendment supports design outcomes that protect our natural environment, specifically RRGs across the municipality. It is consistent with the objectives in the Community Plan and Council Plan, in particular, Council Plan Goal 4.4: Council will work towards strengthening and implementing planning tools to build connections.

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

Since the inclusion of the River Red Gum Protection Policy in the Planning Scheme it has successfully shaped the landscape in respect to the protection, retention and incorporation of River Red Gums into the design of development across the municipality. This is a policy that is highly valued by the community.

Amendment C221 seeks to update the existing policy to ensure it continues to remain relevant and effective in guiding planning decisions amid the extensive growth and development of the municipality. In particular, the updates reflect the outcomes of an internal review of the policy and the outcomes of the Amendment C187 Wollert Precinct Structure Plan Planning Panel. The proposed changes are minor in nature and do not change the policy intent, rather they strengthen and update the policy.

Following the exhibition period one submission was received to the Amendment. A written response to the submission was provided to clarify the matters raised, in particular that the policy maintains an underlying flexibility to respond to a range of design solutions in the protection and retention of RRGs. The submission was subsequently withdrawn in writing.

Given the submission has been withdrawn it is recommended that Council adopt Amendment C221 as exhibited and forward to the Minister for Planning for approval.

RECOMMENDATION

THAT Council resolve to adopt Amendment C221 to the Whittlesea Planning Scheme as exhibited and forward to the Minister for Planning for approval.

 


Ordinary Council Agenda                                                                                    Tuesday 3 July 2018

 

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Ordinary Council Agenda                                                                       Tuesday 3 July 2018

 

6.1.10  Planning Scheme Amendment C226 - 25 Vearings Road, Epping Rezoning - Request for Authorisation

Attachments:                        1        Subject Site

2        Zoning Plan

3        Conservation Area 33 Boundary Plan   

Responsible Officer:           Manager Strategic Planning & Design

Author:                                  Senior Strategic Planner   

RECOMMENDATION SUMMARY

The report recommends that Council resolve to:

1.       Seek authorisation from the Minister for Planning to prepare and exhibit an amendment to the Whittlesea Planning Scheme that seeks to rezone the property located at 25 Vearings Road, Epping in the following way:

a)      Retain the Rural Conservation Zone (RCZ) on the land subject to the Rural Conservation Area 33;

b)      Apply the Industrial 1 Zone (INZ1) to the remainder of the land; and

c)      Apply a Development Plan Overlay  (Schedule 38) to the remainder of the land.

2.       Advise the affected stakeholders of the above and any decisions of the Minister for Planning.

KEY FACTS AND / OR ISSUES

The report seeks Council approval to request authorisation from the Minister for Planning to prepare and exhibit a Planning Scheme Amendment to provide for the rezoning of the site at 25 Vearings Road, Epping employment uses.

·   The subject site is identified in the State Government’s Northern Growth Corridor as suitable for urban development, and given the context of the site adjacent to the Cooper Street Employment Precinct, is considered most suitable for employment uses.

·   Discussions with the Victorian Planning Authority have confirmed that the rezoning of the land and the preparation of a Development Plan for the site is the most appropriate way to undertake the future planning of the site.

·   The rezoning of the land will result in approximately 140 hectares of new employment land. It will allow for the creation of businesses and a potential for 4000 jobs located within close proximity of the Cooper Street Employment Area, the Hume Freeway and other key infrastructure. It is anticipated that several hundred jobs could be accommodated in the precinct.

Report

INTRODUCTION

The purpose of this report is to discuss a proposed Planning Scheme Amendment C226 to the Whittlesea Planning Scheme. The amendment proposes to rezone land at 25 Vearings Road, Epping for employment uses.  

BACKGROUND

Site Context

The property is approximately 250 hectares, and is located to the west of the Hume Freeway and north of O’Herns Road. The western boundary of the site abuts the Craigieburn Grasslands (Attachment 1- Subject Site).

The subject site is currently being utilised for agricultural purposes, and comprises two residential dwellings, and outbuildings associated with farming practices. Access to the site is currently provided via a section of Vearings Road.

The land is largely flat and contains a substantial number of scattered remnant River Red Gums and other native vegetation. While these are located across the site, the majority of scattered trees are located through the central sections of the property.

The land to the north of the subject site is the Yarra Valley Water Treatment Plant and associated buffers. Land to the south makes up part of the Cooper Street West Employment Precinct which forms part of the broader Cooper Street Employment Area, while land to the west of the site is the Craigieburn Grasslands and land to the east accommodates the Metropolitan Clay Target Club, and a large native vegetation conservation area.

The site is currently affected by the Rural Conservation Zone (RCZ), and the Environmental Significance Overlay Schedule 4 (ESO4) (Attachment 2- Zoning Plan). A small section of land at the north eastern boundary of the site is affected by a Design and Development Overlay Schedule 2 (DDO2).

Strategic Context

The site was identified within the Northern Growth Area Corridor Plan as being partially suitable for urban development. In this context the northern part of the site was nominated as forming part of Conservation Area (CA33) which contains many scattered River Red Gums and a range of patches of Ecological Vegetation Classes including Stony Rises Woodland, Plains Sedgy Wetland and Plains Grassy Woodland.

No specific land use was applied to the site at this stage given its location within proximity of sensitive uses including the Yarra Valley Water Treatment Plant, a waste disposal site, and existing quarries.

Given the complexity in planning for the broader area, the site was subject to further land use investigations to determine appropriate uses and define boundaries for these uses. The results of the investigation were presented as part of the State Government’s Northern Quarries Investigation Area- Addendum to the Growth Corridor Plans. In this document, 25 Vearings Road, Epping was identified as suitable for the development for employment uses, and nominated the site to be planned via a Precinct Structure Planning process.

In considering the outcomes of the document, Council resolved on August 25 2015 to essentially request that any future planning for the site be undertaken via a site specific rezoning and the subsequent preparation of a Development Plan to be led by Council. This is in line with the planning that has been undertaken for the adjoining Cooper Street Employment Area. This request was ultimately supported by the Victorian Planning Authority.

The proponent of the site has sought to review the extent and location of Conservation Area 33 that applies to the land. An application for the review of the area was made to the Department of Environment, Land, Water and Planning. Following a review from the Federal Government, the adjustment to the area was approved in May 2018. The approved area is shown at Attachment 3 - Conservation Area 33 Boundary Plan. The additional land area available for development is shown on Attachment 3 (red hatching). Whilst the exact area of land available for development is still to be confirmed by detailed survey, it will be somewhere in the order of approximately 140 hectares. The certainty provided with the resolution of the ultimate developable area now allows the statutory amendment process to be advanced.

PROPOSAL

The proponent has formally requested that Council make the following amendments to the Whittlesea Planning Scheme;

·    Rezone the developable area of the land to an Industrial 1 Zone (INZ1).

·    Apply a Development Plan Overlay Schedule 38 (DPO38) to the developable area of land.

·    Remove the Environmental Significance Overlay (ESO) from the developable area of the land.

It is proposed to retain the Rural Conservation Zone (RCZ) and Environmental Significance Overlay (ESO) on the land affected by Conservation Area 33. 

The proposed Development Plan Overlay (Schedule 38) has been prepared in line with the Development Plan Overlays that cover nearby properties including the proposed Development Plan Overlay (Schedule 24) that is proposed to apply at 410 Cooper Street and 215 O’Herns Road to the south east of the subject site. This will ensure consistency in the planning and design of the sites.

The Development Plan Overlay (Schedule 38) will require the approval of a development plan document prior to the granting of any planning permit on the site that achieves the following key objectives:

·    To support a mix of industrial and employment uses;

·    To provide a highly connected and integrated road network with pedestrian and cycling provisions;

·    To facilitate development in a manner that responds to the site’s natural features such as waterways, drainage reserves, conservation area and scattered trees;

·    To manage interfaces to non-industrial land uses including conservation areas and adjoining land;

·    To manage bushfire risk;

·    To appropriately integrate the transmission line easement into future development of the site as part of open space network or contained within development areas;

·    To facilitate the co-ordinated delivery of infrastructure.

The document will also need to consider a range of other subdivision and development elements including design guidelines, stormwater and drainage, traffic impacts, the integration of native vegetation into the subdivision and cultural heritage.

Given that the development area is under the one ownership, no Development Contributions Plan Overlay (DCPO) is proposed to be applied to the site. Development contributions and the provision/payment of key infrastructure and associated triggers will be dealt with via Section 173 Agreement to be entered into between Council and the developer.

DISCUSSION

The significance of this site as an employment area to add to the broader Cooper Street Employment Precinct represents a major economic development opportunity for Council.

There continues to be a high demand for employment land in this area given its locational attributes and proximity to major State and Regional infrastructure, particularly the Hume Freeway and the O’Herns Road interchange. It is on this basis that Council has prioritised the planning of adjoining employment land proposals, and the development of the Cooper Street West Position Paper.  The Cooper Street West Position Paper encourages the development of sites such as this for the purposes of employment uses. 

The subject site is one which provides a logical extension to the Cooper Street Employment Area, and the Cooper Street West Employment Precinct and has been considered in this context. Further, the identification of the site as suitable for employment purposes is supported by Council’s Economic Development Strategy which seeks to identify opportunities for more employment land and support the development of these sites. 

The proposed rezoning is the first step to facilitating the future development of the parcel. Detailed planning of the site will then be required to be undertaken prior to any application to subdivide the land, in accordance with the proposed Development Plan Overlay (Schedule 38)

The proposed amendment will bring in an area of approximately 140 hectares of employment and has the potential to provide for several hundred local jobs for the existing and future residents of the City of Whittlesea. As noted previously, the take up of employment land within the municipality has been strong and it is anticipated that the development of the land will support the continued supply of employment land in the short to medium terms. 

The application of the Development Plan Overlay (Schedule 38) will provide the framework under which the site will be required to be developed and this is consistent with the planning mechanisms utilised for the remainder of the Cooper Street West Employment Precinct.

The proposed zoning and overlays are reflective of the unique opportunities that exist on the site, and will provide for the ongoing protection of highly valuable, federally listed biodiversity, while also allowing for the development of this key employment site.

For the reasons noted above, it is considered that the proposed rezoning is appropriate and should be supported.

NOTIFICATION

Should authorisation to prepare the amendment be granted by the Minister for Planning, the proposed Planning Scheme Amendment C225 will be required to undergo a standard exhibition process, including a 28 day notification period to potentially affected landowners, prescribed Ministers and State Referral Authorities.

DEVELOPMENT CONTRIBUTIONS

Prior to the approval of a Development Plan, the landowner will be required to enter into a Section 173 Agreement with Council. The Agreement will define the level of financial contribution required form the developer, and will identify the infrastructure projects that will be required to service the proposed development. 

referral

Council officers have liaised with internal and external stakeholders in reviewing the proposed Planning Scheme Amendment. This has included gaining written support from the Victorian Planning Authority to undertake the future planning of the site through a rezoning and the preparation of a Development Plan.

Policy strategy and legislation

The Planning Scheme Amendment reflects the ambitions of a number of Council policies, such as:

Cooper Street Precinct Strategy (1996); and

The recently adopted Cooper Street West Position Paper (2017).

City of Whittlesea’s Economic Development Strategy (2017).

It also accords with State Government Policy as outlined in the Melbourne North Growth Corridor Plan (Victorian Government, 2012) and Plan Melbourne 2017-2050, the updated metropolitan planning strategy.

Links to the CoUNCIL Plan

Council Priority                    Jobs and Investment

Future Direction                   Growing our economy

Theme                                   Employment

Strategic Objective              We have access to local employment opportunities

The Plan identifies community priorities and Council’s response in delivering on community needs such as the need for “growing our economy” and identifies that “a diverse economy offers varied career opportunities so people can live and work in Whittlesea”.

The continuation of strategic planning for these areas for future industrial purposes allows for more industry to develop in this important employment precinct and increases the range and potential for jobs within the municipality.

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 Planning Scheme Amendment proposes to rezone land at 25 Vearings Road, Epping, in order to allow for the future employment development of this land.

 The proposed application of a Development Plan Overlay allows for Council to provide future guidance to the development of the site and provide the basis of a Development Plan, which will be the next step in the strategic planning of the area.

As a result of this amendment, an additional area of approximately 140 hectares of employment land and 4000 jobs will be added to the municipality. This will bring positive economic benefits to the City of Whittlesea and the broader region in terms of investment and accessing local jobs close to homes in line with Council’s Economic Development Strategy and the Cooper Street West Employment Area Position Paper.

It is recommended that Council seek authorisation from the Minister for Planning to prepare and exhibit an amendment to the Whittlesea Planning Scheme in order to facilitate the development of the land at 25 Vearings Road, Epping for employment purposes.

RECOMMENDATION

THAT Council resolve to:

1.       Seek authorisation from the Minister for Planning to prepare and exhibit an amendment to the Whittlesea Planning Scheme to:

a)      Rezone part of the land at 25 Vearings Road, Epping from a Rural Conservation Zone to an Industrial 1 Zone (INZ1);

b)      Delete the Environmental Significance Overlay (ESO4) from part of the site; and

c)      Apply a Development Plan Overlay Schedule 38 (DPO38) to the land rezoned INZ1).

2.       Advise affected stakeholders of the above and any decision of the Minister for Planning.

 


Ordinary Council Agenda                                                                                                           Tuesday 3 July 2018

 

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Ordinary Council Agenda                                                                                                           Tuesday 3 July 2018

 

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Ordinary Council Agenda                                                                                                           Tuesday 3 July 2018

 

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Ordinary Council Agenda                                                                       Tuesday 3 July 2018

 

6.1.11  Planning Scheme Amendment C225 - 43 Laurel Street, Whittlesea Incorporated Document - Request For Authorisation

Attachments:                        1        Subject Site

2        Zoning Plan

3        Site Plan   

Responsible Officer:           Manager Strategic Planning & Design

Author:                                  Senior Strategic Planner   

RECOMMENDATION SUMMARY

The report recommends that Council resolve to:

1.       Seek authorisation from the Minister for Planning to prepare and exhibit an amendment to the Whittlesea Planning Scheme that inserts the 43 Laurel Street, Whittlesea, Incorporated Document, March 2018 into the Schedule to Clause 52.03 (Specific Sites and exclusions) and 81.01 (Documents Incorporated into the scheme).

 

2.       Advise the affected stakeholders of the above and any decisions of the Minister for Planning.

KEY FACTS AND / OR ISSUES

The purpose of the report is to seek Council approval to request authorisation from the Minister for Planning to prepare and exhibit a Planning Scheme Amendment which seeks to amend the Whittlesea Planning Scheme by applying a Site Specific Control to the site at 43 Laurel Street, Whittlesea.

The proposed Incorporated Document will allow Council to consider an application for a planning permit for Medical Centre use.

·    The site is affected by both the Green Wedge Zone and the Rural Conservation Zone. The use of a Medical Centre within the Green Wedge Zone is prohibited. The proposal does not seek to rezone the subject property.

·    A medical centre, while not allowable under the existing planning controls affecting the site, is considered to be complementary to the existing Aged Care facility currently operating at the subject site. 

 

Report

INTRODUCTION

The purpose of this report is to discuss a proposed Planning Scheme Amendment for the land located at 43 Laurel Street, Mernda.

The subject property (Attachment 1- Subject Site) is an ‘L’ shaped site approximately 11.5 hectares in size.

The site is located on the southern side of Laurel Street and is bound by a mix of both vacant land and a timber yard/garden supplies business to the west, and Whittlesea High School to the east. Land to the north of the site is a mix of residential dwellings and south is comprised mostly of a vacant lot, with a single dwelling located at the south eastern corner of the site.

Further to the east of the subject site there are a range of open space areas, and the Whittlesea Community Activity Centre.

The northern portion of the subject site comprises an existing Aged Care facility with associated car parking. The facility is still operational and is currently being expanded to increase the number office spaces and common areas for the use of residents and staff.

The site is dual zoned, with the northern portion of the site affected by the Green Wedge Zone (GWZ), and the south eastern portion of the site affected by the Rural Conservation Zone (RCZ) (Attachment 2- Zoning Plan).

Overlays affecting the site include a Heritage Overlay (HO143) at the northernmost boundary of the site and Rural Floodway Overlay (RFO) which affects land at the south eastern boundary of the site. The proposed amendment does not include land that is affected by these overlays. 

BACKGROUND

The subject site was developed in 2001 for the purposes of an Aged Care facility. At the time of this development, the use was allowable under the zones that applied to the site which were Environmental Rural Zone and Farming Zone. The facility was located on the part of the site zoned Environmental Rural Zone.  

As part of the implementation of the Green Wedge Zones in 2003, the State Government translated all zoning controls across 17 municipalities. As part of this rezoning the part of the subject site that was Environmental Rural Zone was rezoned to a Green Wedge Zone and the part of the land that was a Farming Zone was rezoned to a Rural Conservation Zone.

The existing Aged Care facility was located on the part of the land rezoned to Green Wedge Zone. The use of land within a Green Wedge Zone for the purposes of an Aged Care facility is prohibited, however the facility was able to continue on the site as it was an existing use.

In 2017 an application for a planning permit for the use and development of the land for a medical centre and associated signage was submitted to Council. This application was refused under delegation as the use is prohibited under the Green Wedge Zone.

The applicant appealed the decision at the Victorian Civil and Administrative Tribunal (VCAT), however they decided to seek only planning permission to undertake buildings and works on the site to expand the existing facility rather than appeal Council’s original refusal for the use of the site for a Medical Centre. VCAT ultimately allowed for a permit to be granted for buildings and works in association with the Aged Care facility, for the purposes of expanding the existing footprint of the facility. This was to allow for an increase in the number of staff offices and rooms for locum doctors to attend to residents of the facility. 

PROPOSAL

Following the granting of a planning permit for buildings and works on the site, the applicant approached Council officers with a proposal to undertake a Planning Scheme Amendment to facilitate the use of a portion of the Aged Care facility for the purposes of a Medical Centre that will be available to the public.

The proposal seeks to insert an Incorporated Document into the Whittlesea Planning Scheme into the Schedule to Clause 52.03 (Specific Sites and exclusions) and amend the schedule at 81.01 (Documents Incorporated into the scheme) to list the document. The proposed amendment will allow for the consideration of planning permit application for the use of the site as a Medical Centre which would otherwise be prohibited under the Green Wedge Zone. Utilising an Incorporated Document is a mechanism to provide for the potential consideration of uses that may otherwise be prohibited under existing zoning. It is important to note that the Incorporated Document serves only to allow for the consideration of the application which will still be subject to normal assessment processes.

The proposed Incorporated Document identifies the subject site, and includes the following wording:

“Despite any provisions to the contrary of the Whittlesea Planning Scheme, a planning permit may be granted for the use and development of the land as defined on the site plan attached within the property known as ‘43 Laurel Street, Whittlesea’, for the purpose of a Medical Centre”

The Incorporated Document applies only to the land identified in the plan attached to the document (Attachment 3).  It is noted that any planning permit application will be required to go through Council’s usual assessment and notification processes.

As previously noted, the proposed Planning Scheme Amendment does not seek to rezone the subject property or amend any other existing controls.

DISCUSSION

In considering the merits of the proposed introduction of an Incorporated Document to the subject site, there are several items that need to be considered. These are discussed in detail below.

Zoning

As previously noted, the subject site is affected by both the Green Wedge Zone and Rural Conservation Zone. The land subject to the proposed Incorporated Document is affected only by the Green Wedge Zone (Attachment 2).

Under Clause 74 ‘Land Use Terms’ and Clause 75 Nesting Diagram’s it is specified that the use of a Medical Centre falls within the definition of an Office Use. Under Clause 35.04- Green Wedge Zone the use of an Office is prohibited, thus making the use of a medical centre prohibited. It is noted that the use of an Aged Care facility is also prohibited under the Green Wedge Zone, but has been able to continue with existing use rights.

The application of the Green Wedge Zone was undertaken by the State Government in 2003 as a blanket Planning Scheme Amendment, and in some cases, sites that contained non conforming uses weren’t identified.

The proposed amendment, by inserting an Incorporated Document will allow for a use which is prohibited by the zone. It is considered that this is a technical and minor change that allows for the creation of a use which is complementary to, and reflective of, the existing use that has been operating at the site since prior to the application of the Green Wedge Zone in 2003. 

A review of the relevance of the current zoning of the site will occur as part of planning work associated with the Whittlesea Township Strategy. The zoning of the property will be reviewed along with a range of other properties within the township and surrounds that are currently affected by a Green Wedge Zone or Rural Conservation Zone.

Further work is required for such a review, including ground truthing of sites to ascertain their current uses and confirm the most appropriate controls to apply to them.

Until such time as this occurs, the proposed Incorporated Document is considered to be an appropriate mechanism to allow for the consideration of a use that is considered complementary to an Aged Care facility.

The Incorporated Document

The application of an Incorporated Document to a specific site is often used in order to provide for a site specific, tailored approach to the planning of a site, without having to undertake large scale rezonings.

It is important to note that the Incorporated Document allows only for the consideration of the use specified in the document, in the location identified on the Site Plan (Attachment 3). No further uses that are identified as prohibited under the Green Wedge Zone are able to be considered as a result of the document.

The proposed document does not form part of a planning permit for the use of the site. Rather, it allows for the landowner to apply for a planning permit for the use providing it is in accordance with the document. The document does not feter Council’s ability to exercise discretion in its decision making on any subsequent planning application.

Appropriateness of the proposed Medical Centre

As previously noted, the subject site is currently comprised of a large Aged Care facility which provides for a range of accommodation types. A recent planning permit granted for the subject site has allowed for the expansion of the existing footprint in order to provide greater space for staff offices and locum doctors.

It is noted that the proposal requires that the Medical Centre must be contained within the existing footprint of the building which adds to the complementary nature of the use through the Aged Care facility.

While the Medical Centre will be located within the existing footprint, it is to be operated by an external company and will also be open for the broader community to utilise providing an important service to the community. 

A Community Needs Analysis undertaken for the Whittlesea Township in 2017 (K2 Planning, 2017) identified that there is demand for additional medical centres within the Whittlesea Township. Noting this, it is considered that facilitating the opportunity for a Medical Centre in this location would fulfil an identified service gap in a location which is highly accessible for residents of the Whittlesea Township. 

It is for the above reasons that the proposal to facilitate the use of part of the site as a Medical Centre is considered to be appropriate.

NOTIFICATION

Should authorisation to prepare the amendment be granted by the Minister for Planning, the proposed Planning Scheme Amendment C225 will be required to undergo a standard exhibition process, including a 28 day notification period to potentially affected landowners, prescribed Ministers and State Referral Authorities.

DEVELOPMENT CONTRIBUTIONS

No development contributions are payable in this instance as the proposal relates only to the use of the subject site.

referral

Council’s Development Assessment team has been consulted in the consideration of this proposal.


 

Policy strategy and legislation

State Planning Policy Framework

The proposed Planning Scheme Amendment will provide for the future planning for the use of the subject site.

The proposed amendment is generally consistent with:

Clause 11- Settlement of the Whittlesea Planning Scheme which seeks to ensure the adequate provision of community facilities and infrastructure to service local catchments required by the existing and future community.

Clause 19.02-1- Health Facilities of the Whittlesea Planning Scheme which seeks to facilitate the integration of health facilities with local and regional communities through supporting the co-location of health facilities including Aged Care facilities and Medical Centres where possible.

Local Planning Policy Framework, including the Municipal Strategic Statement

The proposed Planning Scheme Amendment consistent with the objectives and strategies set out in the Local Planning Policy Framework of the Whittlesea Planning Scheme relating to health and wellbeing and the provision of Medical Centres.

Clause 22.07 Medical Centre Policy applies to the establishment of all medical centres within the municipality and seeks to achieve well designed, quality medical centres which are suitably located and do have a negative impact on the amenity of surrounding residential uses. 

It is noted that Clause 22.07 seeks to achieve this by:

·    Encouraging the co-location and integration of medical centres with local activity centres and other non residential land uses in residential areas.

·    Encouraging medical centres 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.

It is considered that the proposal meets these objectives.

Links to the CoUNCIL Plan

Council Priority                    Health and Wellbeing

Future Direction                   Health and wellbeing

Theme                                   Healthy community

Strategic Objective              Health and human services are accessible and responsive to the needs and aspirations of all people

The proposal will facilitate the use of the subject site for the purposes of a medical centre. The subject site is well located, within close proximity of the Town Centre and existing community services and it is considered that it will provide residents with the opportunity to access health services that are close to home. As such, it is considered that the proposal will meet the direction of providing for health and human services that are accessible and responsive to the needs and aspirations of all people.

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 proposed Planning Scheme Amendment ultimately seeks to make a minor technical adjustment to the Whittlesea Planning Scheme in order to allow for the addition of a Medical Centre to an existing Aged Care facility in a Green Wedge Zone.

The proposal does not seek to rezone the property and the use of an Incorporated Document will only allow Council to consider a planning permit application for the use of a Medical Centre, currently prohibited in the zone, in the specific location identified within the document. This is considered to be a sufficient level of control for the use as it provides Council with the option of refusing an application for the use of the site should it not be considered to be in line with the relevant policies and guidelines of the Whittlesea Planning Scheme.

The proposed Planning Scheme Amendment is considered to be one which will facilitate the development of a use that is complementary to the existing Aged Care facility on the site, and one which will provide a necessary health service to the Whittlesea Township.

Further, it is considered that the proposed Planning Scheme Amendment is one which achieves the requirements and guidelines of the policies contained within the Whittlesea Planning Scheme at the both the State and Local planning policy level as it will provide for and the provision of integrated health services that are required by the local community. It is noted that application submitted for consideration under the Incorporated Document will be required to meet the guidelines of Clause 22.07- Medical Centre of the Whittlesea Planning Scheme.

Noting all of the above it is therefore recommended that Authorisation be sought from the Minister for Planning for the preparation and exhibition of this proposed amendment.

RECOMMENDATION

THAT Council resolve to:

1.       Seek authorisation from the Minister for Planning to prepare and exhibit an amendment to the Whittlesea Planning Scheme to:

a)      Insert the 43 Laurel Street, Whittlesea, Incorporated Document, March 2018 into the Schedule to Clause 52.03 (Specific Sites and exclusions) and;

b)      Amend the schedule at 81.01 (Documents Incorporated into the scheme) to list the document.

2.       Advise the affected stakeholders of the above and any decisions of the Minister of Planning.

 

 


Ordinary Council Agenda                                                                                    Tuesday 3 July 2018

 

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Ordinary Council Agenda                                                                                    Tuesday 3 July 2018

 

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Ordinary Council Agenda                                                                       Tuesday 3 July 2018

 

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6.1.12  2018-19 Growing Suburbs Fund - Project Applications  

Responsible Officer:           Director Planning & Major Projects

Author:                                  Business Performance Officer   

 

RECOMMENDATION SUMMARY

Approve the following five projects listed in priority order for application to the Growing Suburbs Fund:

1.       Harvest Home Road Community Pavilion (PID 1324) for $2,800,000;

2.       Edgars Creek – Community Activity Centre (PID 1419) for $400,000;

3.       Streetscape Improvement Program -Thomastown High Street Shops (PID 2077) for  $1,450,000;

4.       Norris Bank Reserve Redevelopment (PID 2145) for $500,000; and

5.       Whittlesea Aquatic Centre Community Amenity (PID 1915) for $312,000.

KEY FACTS AND / OR ISSUES

Applications for the 2018/19 Growing Suburbs Fund (GSF) are now open.  It is proposed that Council submits an application for five projects, totalling $5,462,000.  This report seeks Councils approval to proceed with the GSF applications and a priority order for the funding submissions.

GSF guidelines require that a council resolution be made to support the project applications in priority order.

All project proposals have been discussed with the Department of Environment, Land, Water and Planning (DELWP) as required in the Guidelines, by 22 June 2018.  Applications for projects that have not been discussed with DEWLP prior to this date will not be considered.

The guidelines place a strong emphasis on projects that are ready to commence work within 12 months of funding announcement and for construction to be completed within three years of commencement of works.

 

Report

Introduction

Applications for the $50 million 2018/19 Growing Suburbs Fund (GSF) opened on 18 May 2018.  It is proposed that Council submits an application for five projects, totalling $5,462,000.  This report seeks Councils approval to proceed with the GSF application and a priority order for the funding submissions.  The order of priority is a GSF requirement to enable DELWP to appreciate Council’s order of importance.

Background

The GSF program is aimed towards funding critical local infrastructure needs to promptly respond to the pressures experienced by interface communities by bringing forward local infrastructure projects.  It will support interface councils to better meet the needs of their diverse communities and improve amenity, liveability and resilience of these communities.

The GSF is open to ten interface councils including the City of Whittlesea and will fund a mix of projects that have a direct benefit to communities across the following broad infrastructure categories:

·    community health, well-being and social interaction;

·    early education, and learning and training;

·    sport, recreation and leisure facilities that support multi use purposes;

·    environmental and climate change resilience; and

·    place-making, civic amenity and community connecting.

The maximum allocation to any of the 10 eligible councils is 20% of the $50 million fund (i.e. $10 million).  It is important to note that the funding agency, the Department of Environment Land Water and Planning (DELWP) will award the entire $50 million grant from August 2018.  Interface councils must be prepared to enter into funding agreements with DELWP during September/October 2018, and all successful projects must commence construction no later than September 2019.  Emphasis is on projects ready to proceed and construction must be completed within three years of commencement of works.

The key difference from previous rounds of this grant program is the requirement to discuss all eligible project applications with DELWP by 22 June 2018 before submission of the applications.  The proposed list of projects has been discussed with DELWP and have been supported for application to the Growing Suburbs Fund.

The GSF guidelines also require that a council resolution be made to support the project applications in priority order.

The GSF will generally not fund:

·    Projects that have already commenced construction;

·    Land acquisition;

·    Infrastructure that is fully scoped and funded through a developer contributions plan;

·    Maintenance works;

·    Recurrent operating costs;

·    Drainage, waste, roads and associated footpaths, as well as public transport        infrastructure;

·    Infrastructure that does not have direct community benefit or address an identified         community need; and

·    Service connections.

In addition there are specific criteria as listed below:

·    Bundling of small projects into a larger project for submission must:
- clearly demonstrate the need and benefit of each individual element
- must be costed individually; and
- timeframes must be identified for each element

·    Return of unspent funds.

Applications for infrastructure funding will be assessed against five criteria:

Criterion 1 - Why is the project required? (25% weighting)

·    Extent to which the project addresses an identified need in the community.

Criterion 2 - Who will benefit and how? (25% weighting)

·    Extent to which the project will deliver benefits to the locality.

Criterion 3 - What will be delivered? (20% weighting)

·    Relationship between what the project will deliver, the need for the project, and the expected benefits.

Criterion 4 - How will the project be delivered? (weighting 20%)

·    Realistic timeframes for delivery and demonstration that projects are financially viable and value for money.

Criterion 5 - Extent of council and community support for the project (weighting 10%)

·    Recognised council priority and supported by the community.

Each project must be supported by a business case, concept plan, cost estimates and a project plan.  These are currently being prepared for the proposed projects.  Applications close 2.00pm on 9 July 2018.

Proposal

A cross-organisation working group was established to identify opportunities in the New Works Program and shortlist projects that best met the Grant guidelines.

Council officers then met with the funding agency, the Department of Environment Land Water and Planning (DELWP) to discuss the shortlisted projects as identified by the working group.  DELWP provided feedback on the likely strength of the shortlisted projects against the Grant fund objectives and criteria, which further helped prioritise the list of possible projects.

The projects listed below were identified as best meeting the Grant funding objectives and criteria and are listed in priority order.

PROJECT

PID

PROPOSED FUNDING

GROWING
SUBURBS FUND

COUNCIL
MATCHING FUNDS/YEAR

Harvest Home Road Community Pavilion

Construction of pavilion for new soccer grounds at Harvest Home Road.  Currently at tender phase.





1324

2,800,000

2,800,000 (2018/19)

Edgars Creek – Community Activity Centre

Project will provide 3 kindergarten rooms, maternal and child health room, meeting rooms and hall.  Currently in planning/design phase.

1419

400,000

400,000 (2018/19+)

Streetscape Improvement Program -
Thomastown High Street Shops

Design and construction of streetscape improvements to enhance the amenity of the Thomastown Shopping Precinct in accordance with the Lalor Thomastown Masterplan.  Currently in design phase.

2077

1,450,000

1,450,000 (2020/21)

Norris Bank Reserve Redevelopment

Stage 2 – major community park playspace and social gathering spaces.  Currently in detailed design stage.


2145


500,000


500,000 (2018/19)

Whittlesea Aquatic Centre Community Amenity

Refurbishment of Whittlesea Aquatic Centre as outlined in the Aquatic Strategy.  Currently in planning phase.

1915

312,000

312,000 (2018/19)

Total

$5,462,000

$5,462,000

In summary, the proposed five project applications listed above best meet the GSF grant criteria for a total application of $5,462,000.  An equivalent funding contribution is required from Council. 

Consultation

A meeting was held with DELWP to discuss potential project applications and feedback was received regarding their suitability.

Community consultation will be undertaken on a project by project basis.

Critical Dates

·    All project proposals must be discussed with DELWP by 22 June 2018

·    Applications close 2.00pm on 9 July 2018

·    Announcements expected from August 2018

·    Funding Agreements to be executed from September 2018

Financial Implications

The proposed five projects listed above amount to a total application amount of $5,462,000.  Council must contribute a matching amount to the submission to the Growing Suburbs Fund.  The projects are listed and budgeted in the 4 Year New Works Program. If the grant applications are all successful, this will result in offsets to Council’s future New Works Program budget of $5,462,000.

Policy strategy and legislation

Council has benefited from previous rounds of the Growing Suburbs Fund to deliver significant community infrastructure identified in Council’s Plan.  The projects identified in this current round have been selected based on their strength of meeting the grant guidelines and their strategic importance to Council as identified in the 4 Year New Works Program.

Links to the CoUNCIL Plan

Council Priority                    Planning and Infrastructure

Future Direction                   Places and spaces to connect people

Theme                                   Planning our space

Strategic Objective              We have neighbourhoods defined by attractive, well connected streets and public spaces

Declarations of Conflicts of Interest

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

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

Conclusion

Applications for the $50 million 2018/19 Growing Suburbs Fund will close on 2.00pm, 9 July 2018.  After extensive consideration of the projects currently listed in Council’s New Works Program, five projects were found to best meet the criteria and are recommended for Council approval in the priority order for submission to the Grant program.

RECOMMENDATION

THAT Council resolve to approve the submission of the following five projects listed in priority order to the 2018/19 Growing Suburbs Fund:

1.       Harvest Home Road Community Pavilion (PID 1324) for $2,800,000;

2.       Edgars Creek – Community Activity Centre (PID 1419) for $400,000;

3.       Streetscape Improvement Program - Thomastown High Street Shops (PID 2077) for $1,450,000;

4.       Norris Bank Reserve Redevelopment (PID 2145) for $500,000; and

5.       Whittlesea Aquatic Centre Community Amenity (PID 1915) for $312,000.

 

 


6.1.13  2365 Plenty Road, Whittlesea - Buildings and Works Comprising a Wave Pool, Associated Cafe and Amenities Building

Attachments:                        1        Locaility Maps

2        Development Maps   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Senior Planning Officer   

APPLICANT:                         Caswell Nominees Pty Ltd

COUNCIL POLICY:              Nil

ZONING:                               Green Wedge Zone

OVERLAY:                            Significant Landscape Overlay – Schedule 1

REFERRAL:                          Nil

OBJECTIONS:                      Six (6)

RECOMMENDATION SUMMARY

That Council resolve to approve Planning Application No. 717431 and issue a Notice of Decision to Grant a Planning Permit, for buildings and works comprising a wave pool, associated café and amenities building, subject to conditions, at 2365 Plenty Road Whittlesea. 

KEY FACTS AND / OR ISSUES

·    It is proposed to undertake buildings and works for a wave pool, café and amenities building at Funfields Theme Park.  The wave pool will be setback 20.0m from the northern side boundary, with the café and amenities building to the south west of the wave pool. 

·    Planning Permit No. 716618 (formally TP107533) was amended on 27 December 2017.  This Planning Permit addresses patron management, traffic management, use of external sound amplification equipment (loud speakers), hours of operation, number of patrons and waste management.

·    Notification of the application was undertaken and six (6) objections have been received.  The main grounds of objection include; the undertaking of earthworks and vegetation removal, noise from the equipment, rides, loud speakers and patrons, operations outside the permitted hours of operation, lack of sound walls or substantial screen plantings and overlooking from the site onto abutting land to the north. 

·    Subject to the provision of additional substantial landscaping and the provision of a sound wall, the proposal is considered in accordance with the objectives of the Whittlesea Planning Scheme and should be supported.       

 

Report

SITE AND SURROUNDING AREA

The site is located on the western side of Plenty Road, south of the Whittlesea Township (see Attachment 1).  The site comprises an area 15.6ha, and rises gradually from Plenty Road towards the central section of the property and then further rises more steeply to the rear (western) boundary of the site, which forms part of the Whittlesea Hills.

The Funfields Theme Park contains a number of amusement rides, water theme-based activities and associated recreational areas such as barbeques.  Entry to the site is via Plenty Road, which provides access to a sealed car parking area and associated unsealed overflow car park area.  Mature planted vegetation is provided throughout the site and along boundaries to the residential interfaces.  A caretaker’s residence is also established on the site under the original Permit.

Land to the north abuts a standard density residential area, separated by a 12m wide tree reserve (a total of 14 dwellings abut this interface).  Land to the south abuts a low density residential area (six lots containing existing dwellings).  Land to the west abuts rural land used for grazing purposes.  Land to east, opposite Plenty Road, is currently vacant and zoned for low density residential purposes.

BACKGROUND

The site has operated as an amusement type park, in various formats and intensity, for over 30 years.  Planning Permit No. 716618 (formally TP107533) was amended on 27 December 2017.  This Planning Permit addresses patron management, traffic management, use of external sound amplification equipment (loud speakers), hours of operation, number of patrons and waste management.

restrictions and easements

The Certificate of Title indicates the site is not subject to any Restrictive Covenants or Section 173 Agreements. 

Proposal

The proposal seeks approval to undertake buildings and works comprising a wave pool, associated café and amenities building.  Plans showing the proposed development are shown on Attachment 2.   

The proposed wave pool will be located on the northern portion of the site, to the west of the existing go-kart track.  The proposed wave pool will be setback 20.0m from the northern site boundary.  The proposed café and amenities building will be located to the south west of the proposed wave pool.  Landscaping will provided along the north western, south eastern and southern interfaces of the proposed wave pool.  Retaining walls will be provided along the western edge of the associated café and amenities buildings. 

The proposed wave pool will be 55.0m wide and 70.0m long, with a 20.0m wide and 9.0m long plant house.  The associated plant house will be constructed from concrete, in a rendered finish, with a Colourbond roller service door and an artificial turf roof.  The plant house will be partially submerged, with an overall height of 3.5m.

The café will be 16.0m wide and 20.0m long and will contain a rendered finish and Colourbond roof.  The café will have an overall height of 4.5m.    

The amenities building will be 8.5m wide and 32.5m long and will contain a rendered finish and Colourbond roof.  The amenities building will have an overall height of 3.3m.

Landscaping will include a range of small trees, shrubs and ground covers, with mature heights of up to 3.0m. 

Public Notification

Advertising of the application has resulted in six (6) objections being received.  The grounds of objection can be summarised as follows:-

1.       The undertaking of earthworks and vegetation removal;

2.       Noise from the equipment, rides, loud speakers and patrons;

3.       Operations outside the permitted hours of operation;

4.       Lack of sound walls or substantial screen plantings; and

5.       Overlooking from the site onto abutting land to the north. 

PLANNING ASSESSMENT

The following Whittlesea Planning Scheme provisions are considered relevant to the application.

State and Local Planning Policy Frameworks

Clause 11.06-4 - Place and Identity sets out strategies which seek to ‘create innovative tourism experiences and encourage investment that meets demand and supports growth in tourism’.  Other State Planning Policy Framework objectives relating to tourism include Clause 17.03-1 – Facilitating Tourism and Clause 17.03-2 – Tourism in Metropolitan Melbourne, which seek to ‘maintain and develop Metropolitan Melbourne as a tourism destination’ and ‘encourage tourism development to maximise the employment and long term economic, social and cultural benefits of developing the State as a competitive domestic and international tourist destination’.

Clause 11.06-7 – Green Wedges outlines strategies that aim to ‘support development in the green wedge that provides for environmental, economic and social benefits’.  Clause 12.04-2 – Landscapes requires that consideration be given to protecting and enhancing significant landscapes and their associated values.

Local planning policy provisions also seek to support tourism, but at the same time also seek to recognise and protect visually sensitive areas and landscapes, as detailed at Clause 21.05-3 – Rural Land Character Areas and Clause 21.08-1 – Urban Areas. 

For the reasons further set out in this report, the proposed development is considered to be consistent with tourism, green wedge and landscape objectives as set out in State and Local planning policy provisions.

Zoning and Overlay Provisions

Clause 35.04 - Green Wedge Zone

An objective of the Green Wedge Zone seeks ‘to recognise, protect and conserve green wedge land for agricultural, environmental, historic, landscape, recreational and tourism opportunities’.  The use of the land, including patron management, traffic management, use of external sound amplification equipment (loud speakers), hours of operation, number of patrons and waste management has been established under Planning Permit No. 716618, which was amended on 27 December 2017 to reflect current conditions.  

The Decision Guidelines in the Green Wedge Zone require that the Responsible Authority consider a range of rural, environmental and design and siting issues including; ‘whether the site is suitable for the use and development and the compatibility of the proposal with adjoining land uses’ and ‘the need to minimise any adverse impact of siting, design, height, bulk and colours and materials to be used, on landscape features, major roads and vistas’. 

Subject to additional screen planting and a sound wall, it is considered the proposed wave pool, café and amenities building are all acceptable. 


 

The siting of the wave pool, café and amenities building are constrained by the location of the existing go-kart track and splash pool.  It is considered the wave pool has been sited to maximise the separation from the sensitive land use to the north of the site.  Furthermore, it is considered the design of the plant house, café and amenities building, with overall heights of 3.5m, 4.5m and 3.3m respectively are modest in the context of the remainder of the Theme Park and responsive in the context of the sensitive land use to the north of the site (single storey height).  Finally, it is considered the proposed building finishes and colours are acceptable. 

While it is noted that the patron numbers across the site will not increase as a result of the proposed wave pool, café and amenities building, it is considered the installation of a wave pool, café and amenities building may increase the noise generated from the existing Theme Park for the residents to the north of the site.  It is therefore considered reasonable to require additional measures to reduce such noise including; the submission of an acoustic report (to address all noise sources from the wave pool) and the provision of a sound wall and screen planting either side of the sound wall, which can be addressed as conditions should a permit be issued. 

Clause 42.03 - Significant Landscape Overlay – Schedule 1

The site is affected by a Significant Landscape Overlay - Schedule 1 relating to the protection and enhancement of the Whittlesea Hills. 

It is considered the proposed wave pool, café and amenities building are all acceptable, with low single storey building heights.  Furthermore, it is considered the additional screen landscaping, as detailed earlier in this report, will further reduce the impact of the proposed buildings and works over time. 

Comments on Grounds of Objection

1.       The undertaking of earthworks and vegetation removal;

The earthworks undertaken were approved as part of Planning Permit No. 715942.  Furthermore, the removal of planted vegetation did not trigger the need for a planning permit.  

2.       Noise from the equipment, rides, loud speakers and patrons;

Noise from the equipment, rides, loud speakers and patrons is monitored and managed as part of Planning Permit No. 716618.  It is considered the submission of an acoustic report and the provision of a sound wall will further reduce any noise generated from the proposed wave pool, café and amenities building.  

3.       Operations outside the permitted hours of operation;

Operations outside the permitted hours of operation is monitored and managed as part of Planning Permit No. 716618.

4.       Lack of sound walls or substantial screen plantings; and

Officers considered the provision of a sound wall and screen plantings either side of the screen wall is reasonable and should be addressed as conditions on any permit issued. 

5.       Overlooking from the site onto abutting land to the north. 

It is considered the provision of a sound wall and screen planting over time will reduce the overlooking from the site onto the abutting land to the north. 


 

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 proposed wave pool, café and amenities building has been assessed against the relevant provisions of the Whittlesea Planning Scheme and demonstrates a satisfactory level of compliance.  The development can be integrated within the existing Theme Park.  Furthermore, amenity impacts can be managed through the existing approvals and the provision of a sound wall and additional screen plantings.  For the above reasons, it is recommended that the application be approved.

Recommendation

THAT Council resolve to approve Planning Permit Application No. 717431, and issue a Notice of Decision to Grant a Permit, for 2365 Plenty Road Whittlesea, for buildings and works comprising a wave pool, associated café and amenities building, in accordance with the endorsed plans, and subject to the following conditions:-

Amended Plans

1.       Before the development hereby permitted starts, three copies of amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority.  When approved, the plans will be endorsed and will then form part of this Permit. The plans must be generally in accordance with the plans submitted as part of the application but modified to show:-

a)      Any recommendations contained within the Acoustic Report required by condition 2, including the provision of a sound wall; and

b)      5.0 metre wide landscaping beds either side of the proposed sound wall, with dense screening the height of the sound wall. 

Acoustic Report

2.       Prior to the endorsement of plans, an Acoustic Report must be submitted to and approved by the Responsible Authority detailing the requirements for a sound wall to reduce noise from the wave pool, café and amenities building to the satisfaction of the Responsible Authority.

No Alterations

3.       The development allowed by this Permit and shown on the plans and / or schedules endorsed to accompany this Permit must 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.

5.       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.

6.       The sound wall and associated screen planting must be maintained by the Permit Holder at all times to the satisfaction of the Responsible Authority. 

Land Use Approvals

7.       All conditions relating to the approved use of the land (Planning Permit No. 716618) must continue to be met at all times to the satisfaction of the Responsible Authority.

Permit Expiry

8.       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.

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.

 


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6.1.14  Landscape Bond Policy Review

Attachments:                        1        Landscape Bond Policy   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Manager Development Assessment   

RECOMMENDATION SUMMARY

That Council resolve to revoke the Landscape Bond Policy and utilise more efficient and effective means to ensure quality landscape outcomes.

KEY FACTS AND / OR ISSUES

·    Council’s Landscape Bond Policy was originally adopted over 20 years ago (1995) as a means of ensuring landscaping for new developments was being undertaken and achieving greater levels of compliance with landscape plans.  The Policy was most recently reviewed by Council in 2016 where it was modified with a sunset clause of 2019.

·    Each bond takes around 2.5 hours of administrative time (excluding inspections and follow up) equating to more than 5 weeks full-time work each year.

·    Unclaimed bonds cannot be kept (must be returned to the State Revenue Office) or used to undertake the landscaping works as they are typically around $1000 and regularly would not cover the cost of the works.  Challenges are regularly experienced in returning bonds when the payee or owner has changed due to the amount of time between payment and completion of the landscaping.

·    Any non-compliance with landscaping requirements will be managed through planning enforcement approaches as is the case at present.

·    Removing the bond process, whilst maintaining quality landscape outcomes under Council’s general planning compliance and inspection programs is a more efficient and effective use of resources that will achieve the same result.

 

 

Report

Introduction

Landscaping associated with new development is an important aspect of our municipality from an appearance, environmental and amenity perspective.

Review and evaluation of operational processes, systems and policies is a fundamental aspect of good governance, ensuring the sustainable delivery of service to the community.

The Landscape Bond Policy has been in place for a number of years to ensure landscaping for new developments was being undertaken in accordance with approved plans.  Compliance rates are already high and streamlining administrative processes leads to increases if efficiency and effectiveness.

Background

The Landscape Bond Policy was originally adopted by Council in 1995, and was most recently reviewed by Council at its Ordinary meetings of 7 June 2016 and 30 August 2016.  At those meetings, officers sought to revoke the policy and Council resolved to retain and modify it, and include a sunset date of 30 August 2019, unless further extended by Council.

Proposal

It is proposed to revoke the operational Landscape Bond Policy and that landscaping outcomes associated with new development continue to be monitored under Council’s general planning compliance and inspection programs.

Consultation

No consultation has been undertaken as this is a Council operational policy.

Critical Dates

The policy is due to expire on 30 August 2019 unless further extended by Council.  Bringing this date forward and revoking the policy will result in efficiencies and time savings that can be reinvested into improving service delivery.

DISCUSSION

A review was undertaken prior to 2015 where it was identified that there were more than 500 unclaimed bond payments with a value of around $2.6million, with officers spending extensive time trying to find owners, developers and payees, in addition to undertaking scheduled inspections of all developments and the associated landscaping.  This list is now below 200 with a value of around $1.6million and continues to be monitored and progressed in addition to the 70-100 new requests received annually.

Council is unable to use or keep unclaimed bonds, which must be handed back to the State where payees cannot be located.  The bond itself has never been used to complete landscaping, especially given that it would rarely be enough to actually cover the cost (typically around $1000 total) of the works.  Additionally, the land is privately owned and it would raises liability and workload issues for Council if the onus were upon Council staff to complete the works.

Excluding inspection times and data entry, each bond equates to almost 2.5 hours of administrative time through data entry, payment/receipting, reconciliation, document management, authorising and returning across three different departments of Council.  This is more than five weeks of full-time work each year that could be reinvested back into the organisation.

It is difficult to quantify whether the bond is encouraging compliance or not, however it is noted that the amount is limited in its ability to provide an incentive to comply.  A review was undertaken over the past 18 months, indicating that no fines have been issued for non-compliance with landscaping and it is estimated that a compliance rate of around 90% is being achieved on first inspection with a high proportion of the remaining 10% complying after being advised of what is required.  This trend is also consistent with planning enforcement across the board where infringements have continued to drop for the past 3 consecutive years, whilst complaints and compliance achievement have not reduced.

The amenity derived from the appearance of landscaping is important to the City of Whittlesea and inspections of residential landscaping will continue through auditing and other inspections programs.  Through removal of the bond process, efficiency would also be improved ensuring industrial/commercial sites are only inspected once, rather than twice, which currently occurs as a result of the bond process at present.

Financial Implications

There are no financial costs to Council associated with revoking the policy, rather significant administrative time saving to officers across three departments of Council, in addition to time savings for inspectors.

Policy strategy and legislation

Council has a legislative responsibility under the Planning and Environment Act 1987 to efficiently administer and enforce the planning scheme.  This will continue irrespective of whether there is a bond process in place or not.

 

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

Continuous improvement through monitoring and evaluation is critical to the sustainable delivery of services to the community.  Processes must be continually analysed to understand whether there is a better and more efficient way of doing things and it is contended that the objective of the Landscape Bond Policy can still be achieved without the administrative burden and in a more efficient manner.

RECOMMENDATION

THAT Council resolve to revoke the Landscape Bond Policy and utilise more efficient and effective means to ensure quality landscape outcomes.

 


Ordinary Council Agenda                                                                                    Tuesday 3 July 2018

 

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Ordinary Council Agenda                                                                       Tuesday 3 July 2018

 

6.2       Community Services

6.2.1    Aged Care Reform - A new Role - Getting the Best Outcome for the Community

Attachments:                        1        Summary of Current City of Whittlesea A&D Services

2        Aged Care Reform Community Consultation summary of findings

3        Desired Community Outcome Statements

4        Evaluation Framework

5        National Competition Policy

6        Summary Financial Analysis of Options

7        Review of Council Subsidised Electrical, Plumbing and Lawn Mowing

8        Detailed Evaluation Matrix - CHSP   

Responsible Officer:           Director Community Services

Author:                                  Manager Aged & Disability Services   

RECOMMENDATION SUMMARY

That Council realign its aged services to enhance ways older residents can pursue fulfilling lives, eliminate social isolation and get practical assistance to access services and programs when required, as follows:

1.       Transition from the delivery of highly subsidised services which can be provided by other providers in the market based aged care system. [Domestic Assistance, Personal Care, Respite, Property Maintenance, Council subsidised trades and regular garden maintenance].

2.       Continue to deliver services and programs to maintain or increase Positive Ageing desired outcomes. [Delivered Meals, Social Support Groups, Social Support Individual, Support for Carers, Volunteer Coordination, Vulnerable Persons Register, Aged Care Planning, Let Everyone Actively Participate (LEAP) program, Seniors Support, Positive Ageing Supports].

3.       Transition from the delivery of subsidised electrical, plumbing, garden maintenance and lawn mowing and establish a list of approved businesses and organisations that provide home and garden maintenance services and trades.

4.       Continue to deliver regional assessment services until the Commonwealth and State Governments determine the future operating and funding model and then review Council’s role.

5.       Establish a Council funded information, advocacy and navigation service which supports older residents and carers to navigate a significantly changed service system and a diverse range of positive ageing programs.

6.       Develop and resource a transition plan to effectively implement these changes.


 

KEY FACTS AND / OR ISSUES

The Commonwealth has implemented a new system of aged care introducing ‘client choice’ by funding multiple providers competing for clients. This means many of Council’s services will be uncompetitive even if significant changes are made to the way it delivers home support services.

Council currently contributes $5.4m annually toward delivery of services and programs for the aged. The cost is growing and represents a significant subsidy of the Commonwealth’s responsibility for funding these services.

It is proposed that Council remain in some services, and exit from those services which are uncompetitive and where there are other suitable providers.

The proposal provides an opportunity for Council to strengthen its support for older residents by reinvesting funds currently subsidising Commonwealth Home Support services.

In particular it will enable Council to immediately increase its response to the two most common concerns raised by older residents:

·        Isolation and loneliness - by increasing social support programs.

·        Confusion about the service system - by creating an information and support program to assist residents to access the services and activities that enable them to age well.

 

Report

Introduction

This report describes the process and outcomes of a review of services provided to Council’s ageing population in response to the Commonwealth Government changing service and funding arrangements for community care services for older people.

The following Aged and Disability department activities have been reviewed:

·        Commonwealth Home Support Program (CHSP)

·        Home and Community Care Program for Younger People (HACCPYP)

·        Council subsidised electrical, plumbing and lawn mowing services

·        Assessment

·        Support for Carers

·        Vulnerable Persons Register

·        Let Everyone Actively Participate program

·        Seniors Support

·        Positive Ageing

The current services provided within these activities, the cost and number of residents supported are outlined in Attachment 1: Summary of Current A&D Services.

Council’s Positive Ageing Strategy (2016-2025) Desired Community Outcome Statements supports the proposition that Council realign its role in supporting older people toward achieving ‘improved opportunities and choices for older residents to age well’.

An evaluation framework based on the Desired Community Outcome Statements was used to evaluate potential future options.

It is neither viable nor feasible to deliver some Commonwealth services due to the cessation of guaranteed block funding from the Commonwealth, the ongoing requirement for substantial subsidisation from Council, alternative appropriate providers in the market and the requirements of National Competition Policy (NCP).

A transfer of services to an approved provider releases Council funds to invest in positive ageing initiatives to improve outcomes for residents.

The report summarises the systematic collection, analysis and evaluation of material leading to the proposed future role for Council.

Proposal

It is proposed that Council realign its role in supporting older people toward achieving the Positive Ageing Strategy’s primary outcome of improved opportunities and choices for older residents to age well, by:

·        Delivering CHSP Social Support Group, Social Support Individual and Delivered Meals with a redesigned service model integrated with Support for Carers and Volunteer Coordination programs

·        Delivering Regional Assessment Service for CHSP and HACCPYP services pending clarification of future funding arrangements

·        Leading local service planning and service system development through the Municipal Aged Services Planning role

·        Establishing an information, service navigation and assisted service access program to meet one of the key needs identified by clients and community members

·        Enhancing positive ageing programs and activities including LEAP and Senior Citizens Support to support more older residents in ways that are reflective of priority issues identified through consultations

The proposed future role results in Council ceasing to deliver CHSP and HACCPYP Domestic Assistance, Personal Care, Respite and Home Maintenance as well as Council funded property maintenance. HACCPYP services will not be sustainable when CHSP services are no longer delivered, while Council funded property maintenance imposes significant cost and inequities. Transitioning these Commonwealth services to a preferred alternate service provider reduces Council’s significant annual subsidy and allows for reinvestment in addressing issues for older people not currently being met.

Consultation

The review was informed by the findings and summaries of seven consultative processes including with older residents and their carers undertaken since 2015. The local findings have been correlated with other regional and national consultations plus a recent literature review and there were no significant differences identified across these settings.

Consistent priorities emerged:

·        The need for stronger social connection and reduced social isolation emerged as the most important need of older people at a local level, across the North metro region and nationally.

·        Residents rate services provided by Council very highly based on their positive experience and high levels of trust. People also explained that they were less concerned with who provided the service as long as certain quality criteria are met.

·        Service provision needs to come from trusted, affordable and reliable providers where workers are ‘vetted’ and the service model is flexible and focuses on outcomes not tasks.

·        There continues to be unmet need for carer support in the form of relevant services for the person they care for and direct social and emotional support for them as a carer.

·        The reformed aged care system is experienced as ‘daunting’ and ‘overwhelming’; with a lack of information and support to navigate the system and understand the available choices.

·        Council could play a valuable role by providing support to older residents to access information about services and community activities.

Additional findings are summarised in Attachment 2: Aged Care Reform Community Consultation Summary of Findings.

A range of community consultation and methods, staff forums, workshops and meetings and regular meetings with the Australian Services Union (ASU) have underpinned the review of Council’s future role.

Critical Dates

30 June 2019: end of current funding agreements for CHSP, HACC PYP and Assessment.

1 July 2020: full operation of marketised CHSP commences in Victoria.

1.       Local Government’s role in Aged Care

The Local Government Act 1989 requires that Councils endeavour to achieve the best outcome for the community with regard to the best use of resources for long term effect.

Consistent with this, the Positive Ageing Strategy (2016-2025) commits Council to support residents 50+ to have improved opportunities and choices for ageing well, as illustrated in the following table:

The Desired Community Outcome Statements for older people (Refer Attachment 3: Desired Community Outcome Statements) translate Council’s commitments to older residents to focus on outcomes and to provide a tool for evaluating the effectiveness of Council’s investment to support older residents to age well. The statements underpin the evaluation of the proposed options in response to aged care reform.

2.       Transition of Home and Community Care program to Commonwealth Home Support Program

From 1 July 2016, the Commonwealth assumed full funding, policy and operational responsibility for the Home and Community Care (HACC) program services for older people in Victoria as part of the Commonwealth Home Support Program (CHSP). 

Access to all services is now via the My Aged Care gateway and assessment of service eligibility is undertaken by either the Regional Assessment Service or the Aged Care Assessment Service. Service types, service levels and service guidelines are being determined by the Commonwealth with a view to creating a national aged care system.

Council no longer has a role in determining priority of access to services or service levels. It is no longer the ‘preferred monopoly provider’ of entry level support services.  The Commonwealth now funds multiple providers to deliver CHSP services. For example, Council has not accepted referrals for Domestic Assistance since February of this year as financial and service targets have been met. Since this time any residents seeking Domestic Assistance have been referred by My Aged Care to other providers.

Further reforms are imminent in both assessment and service delivery with an emphasis on increasing choice.

Key issues for Council to take into consideration include:

·        probable discontinuation of block funding from July 2020

·        no certainty in future funding levels due to increased competition for CHSP funding

·        client choice in selecting from an increasing range of available service providers, many of whom can offer a broader range of services including from entry level to high needs.

A level of stability exists based on special transition provisions in Victoria until 1 July 2020. This includes continuity of funding levels (and output based ‘block funding’).  The period from July 2019 to July 2020 will be funded through a separate one-year agreement yet to be finalised.

3.       Strategic Options for CHSP Service Provision

Five strategic options were developed for analysis through the Northern Metro Region Aged Care Reform Project:

Option 1:         Remain in service delivery (business as usual)

Option 2:         Council to continue to deliver all current services through either:

·    2A: an optimised business model

·    2B: sub-contracting

Option 3:         Establish a new entity to deliver services

Option 4:         Council exit service delivery through either:

·    4A: winding down slowly

·    4B: transfer to another provider

Option 5:         Continue to deliver some services while exiting others

In late 2017 an evaluation framework, based on the Positive Ageing Desired Community Outcome Statements was established and used to evaluate a range of potential future options for delivering current programs.

To effectively review all Aged and Disability services and propose a future role, it was necessary to review current activities in sequence and then consider potential future options and propose a future role.

The review sequence is explained below:

Review Sequence

Comment

1)  CHSP

CHSP services were reviewed first as they are the largest in terms of volume, expense and clients. Each service type (for instance Domestic Assistance or Delivered Meals) was evaluated against each of the future options to identify the best community outcome.

2)  HACC PYP

HACC PYP service types are very similar to CHSP service types and are delivered by the same teams. The future option chosen for a CHSP service, for instance Domestic Assistance strongly influences the options for delivery of HACC PYP Domestic Assistance.

3)  Support for Carers

Once preferred outcomes for delivery of CHSP and HACC PYP service types were identified; the future options for delivery of other programs such as Support for Carers, Vulnerable Persons Register and Council subsidised plumbing, electrical and lawn mowing were each reviewed using the same evaluation criteria . As well as reviewing the best outcome for the community, it was also necessary to consider whether delivery of these services was dependent upon or complementary with a particular CHSP / HACC PYP services type. For instance Council Subsidised electrical, plumbing and lawn mowing uses the same contractors as CHSP / HACC PYP Property Maintenance.

4)  Vulnerable Persons Register

5)  Council Subsidised electrical, plumbing and lawn mowing

6)  Positive Ageing Programs

The LEAP, Seniors’ Support, Seniors’ Festival and Positive Ageing Programs were reviewed to identify opportunities to improve outcomes for the community.

7)  Identified unmet need

Once all existing services had been reviewed; opportunities to meet identified unmet needs were considered.

8)       Recommendations for Council’s future role

The final step was to develop a set of recommendations on Council’s future role in Aged Care for consideration.

Projects to inform recommendations

A number of projects were conducted to inform Council’s role, responsibilities and activities in aged care.  Each project involved Council staff and independent experts in business development, research and consultation and financial modelling.  Some projects were conducted in conjunction with other local government authorities that are also considering their future role in supporting older residents.

Projects

A. Environmental Scan provided an assessment of the impact of sector changes on the operations of aged care services provided by Councils, including the financial and industrial risks related to changes to the funding and delivery of aged care services.

B. Desired Community Outcome Statements for People Aged 50+ Years in Whittlesea, developed to be consistent with Council’s Positive Ageing Strategy and other strategic documents. Presented to Forum on 25 July 2017. The Statements provide the foundation for deciding Council's future role and responsibilities in supporting older people. (Refer Attachment 3: Desired Community Outcome Statements).

C. Northern Metropolitan Local Government National Aged Care Reforms - CHSP Developed and analysed five strategic options following sector policy and financial analysis.

D. Evaluation Framework developed to guide timely, efficient and consistent assessment of options and to assist in short-listing options which are desirable, feasible and sustainable. (Refer Attachment 4: Evaluation Framework)

E. National Competition Policy

Council CHSP services are considered a significant business and are required to comply with National Competition policy. Full reflective costing of services must apply in order to avoid a net competitive advantage due to public ownership. Council can deliver subsidised services where the market may not deliver specific service types.

 

Outcome

Based on market sounding a number of services will be required to apply full reflective costing (Domestic Assistance, Personal Care, Respite, Social Support Individual and Home Maintenance). The market is unlikely to deliver several service types thus Council’s subsidisation of these would not be considered a breach (Delivered Meals and Social Support Group).

Refer to Attachment 5: National Competition Policy

F. Financial Model developed to consistently quantify operating and transition costs for each option and to provide a robust basis for comparative financial assessment of options. The financial model has been applied to each option to provide an indicative total cost over 10 years including transition costs and projected annual costs.

Refer to Attachment 6: Summary of Financial Analysis – CHSP

 

G. Northern Metropolitan Market Sounding undertook consultation with potential appropriate service providers to gauge their interest and capacity to deliver CHSP services within the local area in order to assess market maturity. Focus areas included demonstrated capacity to deliver some or all services, operational practice supporting quality client outcomes, interest in employment of Council staff and potential terms of employment.

Outcome

Market sounding indicated there are appropriate service providers with interest, capacity & capability to provide services to eligible clients, however provider numbers are limited.  All providers indicated they would be unable to deliver services without expanding their current staff numbers. Council staff are considered to be well trained, experienced and employable.

H. Service Optimisation developed a model of direct service delivery that is optimised in cost and quality within market, industrial and organisational constraints. The optimised model identifies and estimates process & structural efficiencies, a review of employment conditions, and maximisation of fees and funding.

Outcome

The optimised model proposes changes to Council’s service offering and operating model for specific services. Workforce structure, operational systems and processes and client fee structures were also modified across all services. Despite the operational efficiencies embedded in the optimised model and modified staff conditions a Council annual subsidy of $1.6m would still be required. The ten year projected cost for this model including transition is $21m.

I. Council subsidised Property Maintenance (Plumbing, Electrical, Lawn mowing) Review

This service is unique to the City of Whittlesea and services approximately 1500 clients per annum at a cost to ratepayers of $797,000. The provision of electrical and plumbing is modestly subsidised, but the cost of lawn mowing is highly subsidised for the growing number of older residents who receive it. In addition there is considerable cost associated with administering the service.

A review was conducted to identify options and evaluate these against the Aged Care Reform Review Evaluation Criteria. (Refer Attachment 7: Review of Council Funded Property Maintenance).

J. Positive Ageing Program Review

The City of Whittlesea Positive Ageing Program provides positive ageing opportunities of over 5000 residents weekly at an annual cost of $884,000. This team of seven staff (5.9 EFT) led the development of the Positive Ageing Strategy (2016-2025) and has oversight of delivering Council’s Positive Ageing Action Plan #1 (2016-2019).

The program aligns with Council’s desired outcomes for older people that underpin the review of all Aged and Disability services. In 2018/19 this team will lead the development of the Positive Ageing Action Plan #2 (2019-2022).

4.       Benefits of an early Council Decision

An early decision on the future of Council’s role in the provision of aged care services provides the following potential benefits, depending on the option chosen:

·        Certainty for clients, carers and staff to plan future arrangements.

·        Sufficient time to conduct appropriate transition to new arrangements.

·        Influence the local market by attracting quality providers with capacity and capability to Whittlesea.

·        An opportunity to negotiate the potential transition of clients to an alternative provider(s) of choice.

·        A delayed decision may reduce the number of quality providers that have capacity and capability.

·        Increases the cumulative savings by reducing the level of Council’s financial contribution to current service delivery.

5.       Evaluation Framework

Evaluation criteria are grouped in nine desired outcome areas which collectively describe desired outcomes for older people, clients, carers, staff, Council and the community:

·        Quality (mandatory)

·        Access (mandatory)

·        Legal obligations (mandatory)

·        Feasibility (mandatory)

·        Financial sustainability (mandatory)

·        Fair work

·        Market maturity

·        Strategic alignment

·        Economic development

Refer Attachment 4: Evaluation Framework

6.       CHSP Option Evaluation

The five CHSP strategic options have been assessed against the evaluation criteria (Refer Attachment 8: Evaluation Matrix).   The options were evaluated for all CHSP service types collectively and individually. Financial modelling was developed to consistently quantify operating and transition costs for each option and to provide a robust basis for comparative financial assessment of options. The financial model has been applied to each option to provide an indicative total cost over 10 years including transition costs and annual projected costs. Strategic alignment evaluates the options against the Desired Community Outcomes for Council’s older residents.

The following summarises the outcome of the CHSP evaluation.

Option

Evaluation Summary

Option 1: Remain in service delivery – business as usual

Does NOT meet the mandatory criteria in relation to:

·    Legal Obligations: Detailed advice from Ernst & Young indicates that National Competition Policy would apply to Council’s current service model given the very high level of subsidisation by Council.

·    Financial Sustainability: Financial modelling indicates that Council contribution for this option will increase rather than decrease over time with an indicative total cost to Council of $46.8m over ten years.

Option 2A: Remain in service delivery with an optimised business model

Legal obligations and Feasibility: would not meet mandatory criteria, particularly in relation to the application of National Competition Policy.  Option viability is dependent on:

(i)    salaries being significantly reduced through EA re-negotiation

(ii)   the Commonwealth increasing the funded unit price for a reduced number of units and/or

(iii)   Council meets a National Competition Policy public value test to continue to provide services (ie recognising local government’s role in maintaining service access and quality)

Successfully negotiating an increase in CHSP unit price would not eliminate Council contribution.

Strategic Alignment: Remaining in service delivery may impact effectiveness / legitimacy in a competitive market environment to act in other roles particularly local system steward / planner

Financial sustainability: Financial modelling indicates this model could potentially significantly reduce Council’s contribution, however contributions would remain in the region of $21m over ten years

Option 2B: Remain in service delivery through sub-contracting with alternative service provider

Feasibility: Uncertainty if contractor(s) will deliver services within the CHSP funded Council price (+ client fees) – financial modelling assumes no Council subsidy

As a potential contract is likely to be for a short time period , service outputs cannot be guaranteed post June 2020 – and may therefore not be attractive to potential contractors

Financial Sustainability: Financial modelling provides an indicative total cost to Council of $16.8m over ten years with significant transition costs.

Option 3: Establish a new entity to deliver services

Does NOT meet the mandatory criteria in relation to:

·      Feasibility: Previous experience indicates that establishing a new entity requires a considerable period of time to develop, implement and transition and would not be fully operational by July 2020

·      Financial sustainability: financial modelling indicates that the cost to Council to establish and operate a new entity over a ten year time frame would be $35M. The high establishment costs of a new entity with seven other Councils have a significant financial impact on this option. This option would not decrease Council’s contribution.

Option 4A: Exit service delivery through winding down

Market Maturity: Market sounding indicates there are service providers with the capacity & capability to provide services to eligible clients, however numbers of providers are limited which may reduce options if the decision is delayed. There are some specific service types that the market has less interest in and/or capacity for.

Quality & Access There is a high level of variation between providers with regard to quality and access.  Winding down does not provide a mechanism to choose the alternative provider/s, and influence future service quality and access

Feasibility: Wind down through client attrition (and soft transfer) results in limited control of client exit making it difficult to manage staff resourcing and exit

Financial Sustainability: Financial modelling provides an indicative total cost to Council of $18.6M over ten years with costs associated with ceasing services potentially being spread over a number of years

Option 4B: Exit service delivery through transfer to another provider

Market Maturity: Market sounding indicates there are service providers with the capacity & capability to provide services to eligible clients, however numbers of providers are limited which may reduce options if the decision is delayed. There are some specific service types that the market has less interest in and/or capacity for.

Quality & Access There is a high level of variation between providers with regard to quality and access.  By choosing the alternative provider/s, Council can have a medium term influence on quality and access.

Feasibility: Consultation with the Commonwealth indicates its support of a coordinated transfer of funded services to another appropriate provider prior to the expiry of Council’s current agreement.

Option 5: Remain in some services and exit others

Remain in social support group, social support individual and delivered meals

Exit Domestic Assistance, Personal Care, Respite and Home Maintenance

Market Maturity: Market sounding indicates there are service providers with the capacity & capability to provide services (Domestic Assistance, Personal Care, Respite & Home Maintenance) to eligible clients, however numbers of providers are limited which may reduce options if the decision is delayed. There are some specific service types that the market has less interest in and/or capacity for (Delivered Meals & Social Support Group)

Feasibility: Consultation with the Commonwealth indicates its support of a transfer of funded services to another appropriate provider prior to the expiry of Council’s current agreement.

Strategic Alignment: Remaining in Social Support Group, Social Support Individual and Delivered Meals provides a strong alignment with community priorities to address social isolation

Financial sustainability: Financial modelling indicates that while this model could significantly reduce Council’s contribution from business as usual, contributions would remain in the region of $20M over ten years

7.       Proposal for Council’s future role in CHSP

It is proposed that Option 5: Continue delivering some CHSP services while exiting others provides the most beneficial outcome for Council, clients, staff and the community.  Option 5 is a blended model that has been developed considering the relative strengths and weaknesses of individual service types for each option.

Option 5 has been informed by opportunities to strengthen the linkage between service delivery and Council’s commitment to improved opportunities and choices for older residents to age well, including reducing social isolation.  Exiting some service types will create opportunities for investment consistent with Council’s commitment to older residents. 

OPTION 5:

1.       Council continue to deliver CHSP funded Social Support Group, Delivered Meals and Social Support Individual services through a redesigned operating model.

·     Delivered Meals will continue to purchase meals and deliver to clients with volunteers through an optimised service model

·     Social Support Group will be an enhanced model of group based social and activity based programs delivered by Council employees

·     Social Support Individual will provide one to one support to assist older residents to attend social activities and build on current Positive Ageing projects

2.       Council transition from delivery of Domestic Assistance, Personal Care, Respite and Home Maintenance through transfer to an alternative preferred provider(s). Council and the Commonwealth will work collaboratively to select other service providers and to ensure continuity of services for clients.

Benefits and strengths of this option include:

·     Client continue to receive CHSP services from a vetted provider

·     Targets Council’s effort and contribution to service areas of least market maturity

·     Reduces Council’s financial subsidisation of Commonwealth services

·     Redesign of the service model will realise opportunities for efficiencies, increase service hours delivered and maximise income from fees and funding

·     A more flexible service offering that is focussed on reducing social isolation and providing support for carers

·     Increases opportunities for volunteering and contributes to community building

·     Maintains Council’s presence and knowledge about resident needs

·     Brings together complementary services and funding to build a cohesive service offering

·     Provides future options for affected staff to either exit the sector or gain employment with another employer

·     Enables a planned transition for clients and staff.

8.       Impact of CHSP recommendation on HACC PYP

The recommendation for CHSP services informs recommendations for Council’s role in other services due to the relative magnitude of Council’s CHSP funded services, which constitute the majority of Council’s existing services.

Service Type

Evaluation

Recommendation

HACC PYP funded:

·    Delivered meals

·    Social Support Group

Deliver within new Social Support redesigned service model

Council contribution required for a very small number of service hours

Retain as a direct service provider within the enhanced Social Support  & Delivered Meals programs

HACC PYP funded:

·    Domestic Assistance

·    Personal care

·    Respite

·    Home Maintenance

Financial sustainability of these service types impacted by decision in relation to CHSP funded services

Not viable to maintain capacity to continue to provide services for a small cohort of residents

Alternate providers as per CHSP market

Exit from service delivery through transfer to an alternative provider(s)

9.       Recommendation for the provision of other services

The recommendations for CHSP and HACCPYP services inform recommendations for Council’s role in other services and programs.

Service Type

Comment

Recommendation

Regional Assessment – CHSP and HACCPYP

Retain until further clarification from the Commonwealth about future funding model

Council continue to deliver CHSP and HACCPYP funded assessment services

Support for Carers

Deliver within new Social Support redesigned service model

No Council contribution required

Supports the Social Support Group & Individual service model

There are no other local providers and little demonstrated capacity or interest to expand into Whittlesea municipality

Retain as a direct service provider

Vulnerable Persons Register

State funded emergency management initiative currently administered by A&D Assessment team

Consistent with proposed service model

Does not require Council contribution

Retain

Council funded Property Maintenance

Currently a significant cost to Council

Currently inequitable access and provision of services

Experiencing rapid and ongoing growth

A mature market of alternative providers exists

Cease to fund or provide Council funded regular garden maintenance, regular lawn mowing, electrical and plumbing services

Establish a list of approved businesses and organisations that provide home and garden maintenance services and trades

10.     Proposal for transition from Council funded Property Maintenance

Council currently provides access to subsidised electricians, plumbers and regular lawn mowing (4 weekly) in addition to services provided under the CHSP & HACCPYP programs. This service is unique to the City of Whittlesea.

The current service model has some issues such as inequity in eligibility and access, difficulty in controlling demand and thus an ongoing and cumulative increasing cost to Council, and high administrative resource requirements.

The following options were identified and evaluated:

·    Retain current service model (Business as usual)

·    A volunteer model (lawns only)

·    ‘Seniors Friendly’ list of approved providers

·    Voucher system in conjunction with preferred providers list

·    Free market (no Council involvement)

Refer to Attachment 7: Review of Council Subsidised Electrical, Plumbing and Lawn Mowing for a detailed explanation of the options, review process and the evaluation outcomes.

Evaluation summary:

·    The option which passed all mandatory evaluation criteria was the ‘Seniors Friendly’ preferred providers list.

·    All other options failed one or more mandatory criteria.

·    The current model lacks equity, is expensive to provide, is rigid, requires intensive administration and diverts resources from achieving broader positive ageing outcomes.

·    The current model is embedded (administered and delivered) within the CHSP and HACCPYP services and from a resident perspective is indistinguishable from these programs.

·    A ‘Seniors Friendly’ list of approved home and garden maintenance businesses that have been vetted by Council would be relatively simple to administer. This list would be equitable for residents and place them in control of who they select and how often they use services. There is an established local market of home and garden maintenance businesses and the list of approved providers could be expanded to include other services such as window cleaning or spring cleaning. Businesses may be willing to offer seniors discounts as part of being a recognised ’Seniors Friendly’ provider. This model does not exclude volunteer services, social enterprises or not-for-profit organisations.

·    The free market was the simplest and cheapest solution but did not address the concerns raised by older residents about how to choose a quality provider and whether they may be financially exploited.

·    Implementation of this model could be managed consecutively with other service transitions.

·    Proposal for enhanced Positive Ageing program

The City of Whittlesea Positive Ageing Program provides positive ageing opportunities of over 5000 residents weekly at an annual cost of $884,000. This team of seven staff (5.9 EFT) led the development of the Positive Ageing Strategy (2016-2025) and has oversight of delivering Council’s Positive Ageing Action Plan #1 (2016-2019).

A brief preliminary desktop review has been undertaken of this program to identify immediate opportunities to improve outcomes for residents within the context of the overall review of Aged and Disability services. The program is aligned with Council’s desired outcomes for older people that underpin the review of all Aged and Disability services. The Positive Ageing Action Plan #2 (2019-2022) will be developed based on the outcome of the Positive Ageing Action Plan #1 and a review of activities in order to identify priorities and opportunities.

The Positive Ageing Team delivers several interconnected programs:

Seniors Club Support: This provides support to 76 Senior Citizens Clubs with combined weekly attendance of over 4,500 older residents. Supports include an annual operating grant for eligible clubs, assistance with governance, training, subsidised meeting room rent and free set up and set down of meeting rooms.  


 

Let Everyone Actively Participate (LEAP) Program: A program of outings, events and activities including movie groups, exercise groups and golf. There are over 2,000 members of the LEAP program and many LEAP members are involved as volunteers in the planning and delivery of the program.

Seniors Festival Events: The Victorian Seniors festival is held in October and the Positive Ageing Team coordinates a program of activities.

Positive Ageing Program: The team also engages in projects, often in partnership with other agencies, groups and community members to improve opportunities for residents to age well.

The key finding of the desktop review highlighted that the current range and level of activity is not sustainable given the incremental enhancements in the program.  Of note, during the past five years 16 more seniors clubs have been recognised with three more to be considered in 2018.

A number of opportunities have been identified that would significantly enhance outcomes for the community relating to social isolation, dementia and developing capacity of community and local agencies’ response to issues facing older people and desired outcomes. This work builds on the increase in Community Transport capacity achieved during the last five years through securing additional funding to resource two local providers.

A detailed evaluation of these opportunities will be incorporated into the development of the next Positive Ageing Action Plan, due for adoption by June 2019 and implementation during the 2019/20 financial year and ongoing. A detailed proposal for resource requirements and program planning will be developed.

11.     Proposal for new role in Aged Care

The need for information and practical assistance to navigate the service system is a consistent message from older people. It is proposed that a new ongoing role for Council is to provide information and support to navigate & access services and programs. It is envisaged that this service would provide information to the community on a range of topics relevant to ageing well. The Navigator and Connection Program will resource people to access quality information for informed decision making. Short term practical assistance will be available if necessary to navigate the pathways to get started or to make change.  This applies to the service system such as My Aged Care if assistance is required to continue living independently, as well as the diverse range of programs supporting people’s efforts to maintain wellbeing as they age.  This new service would integrate the existing funded Access & Support role (ATSI) and is complemented by the current Assessment function.

12.     Recommendations for Council’s future role

It is recommended that Council realign its role in supporting older residents based on the Positive Ageing Strategy and in response to reforms by the Commonwealth in aged care, as follows:

1.       Transition from delivery of services received by a small portion of older residents as these services can be provided more efficiently by other available local providers, through the:

a)    Transition of Commonwealth and State funded Domestic Assistance, Personal Care, Respite and Home Maintenance services to suitable providers, by 30 June 2019.

b)    Transition from the delivery of subsidised electrical, plumbing, regular garden maintenance and lawn mowing by 30 June 2019, and establish and maintain a list of approved home and garden maintenance businesses and organisations.

2.       Realign delivery of some services and programs into an enhanced service model to maintain or increase access and complement achieving the Positive Ageing Strategy’s objectives, including:

a)    Commonwealth and State funded Delivered Meals, Social Support Groups, Social Support Individual, Support for Carers, Volunteer Coordination, Aboriginal Access and Support, Vulnerable Persons Register and aged care planning by 30 June 2019.

b)    Council funded supports to older residents including Let Everyone Actively Participate (LEAP), Seniors Clubs and Positive Ageing programs, as per the Positive Ageing Action Plan #2.

3.       Continue to deliver regional assessment services (CHSP & HACCPYP) until 30 June 2019 and review Council’s ongoing role following the Commonwealth and State Government announcement on a future operating and funding model.

4.       Expand access to opportunities to age well by establishing a Council funded information, advocacy and navigation service for older residents and carers in a significantly changed service system, by 30 June 2019.

5.       Resource a supported transition to minimise the impact upon current clients, contractors and staff and maximise the benefits for older residents, their carers and the broader community.

6.   Transition and Implementation

A high level plan has been developed to identify the key stakeholders, elements and projects that would be required to deliver a supported transition and implementation. All elements and tasks would require detailed development and planning. Broad timelines have been identified with more detail to be added as the tasks become clear. It is envisaged that there would be additional resource requirements for roles to plan and implement the transition, roles to provide support for clients and to cover costs associated with communications, etc.

Financial Implications

The financial implications for the exit of some services, transition of clients to another provider and implementation of an enhanced service model and system navigator role has been estimated at a high level.

Managing a planned exit of services and transition of clients and staff will cost a maximum of $5.4m will be incurred in the 2018/19 financial year in addition to the operational budget. Implementation of Option 5 would likely realise savings in the realm of $31m over 10 years.

Policy strategy and legislation

In response to the Commonwealth Aged Care Reforms and following a review of options, it has been found that it is neither viable nor feasible to deliver some Commonwealth services due to the cessation of guaranteed block funding from the Commonwealth, the ongoing requirement for substantial subsidisation from Council, alternative appropriate providers in the market and the requirements of National Competition Policy (NCP).

The proposals and recommendations contained within this report are consistent with the policy directions and commitments of the Positive Ageing Strategy for the Whittlesea Municipality 2016 – 2025 and with the primary and facilitating objectives of The Local Government Act (1989).

Links to the CoUNCIL Plan

Council Priority                    Health and Wellbeing

Future Direction                   Health and wellbeing

Theme                                   Healthy community

Strategic Objective              People of all ages and abilities are supported to live well with appropriate program, service and infrastructure delivery

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

In response to the Commonwealth Aged Care Reforms and following a review of options, it has been found that it is neither viable nor feasible to deliver some Commonwealth services due to the cessation of guaranteed block funding from the Commonwealth, the ongoing requirement for substantial subsidisation from Council, alternative appropriate providers in the market and the requirements of National Competition Policy (NCP).

Other services and programs provided by Aged and Disability were then reviewed against the same evaluation criteria to assess the best outcome for the community.

It is proposed that Council remain in some services, and exit from those services which are uncompetitive and where we know there are other suitable providers. It is proposed that Council will remain in Social Support Group, Social Support Individual, Volunteer Coordination and Delivered Meals, and exit from Domestic Assistance, Personal Care, Respite and Home Maintenance.

Transition may take up to twelve months. A planned transition and exit will ensure that people continue to receive services they need and be supported to move to a new provider. Planning the implementation will also ensure that staff affected by these changes will be appropriately supported.

The proposal provides an opportunity for Council to strengthen its support for older residents by reinvesting funds currently subsidising Commonwealth Home Support services. Council can continue to play a very influential role in supporting the ageing population through service planning, facilitation and advocacy as

RECOMMENDATION

THAT Council resolve to:

1.       Realign its role to enhance ways older residents can pursue fulfilling lives, eliminate social isolation and get practical assistance to access services and programs when required, by:

a)      Transitioning from the delivery of Domestic Assistance, Personal Care, Respite, Home Maintenance, and Council subsidised trades, garden maintenance and lawn mowing, by 30 June 2019.

b)      Continuing to deliver Delivered Meals, Social Support Groups, Social Support Individual, Support for Carers, Volunteer Coordination, Vulnerable Persons Register, Aged Care Planning, LEAP program, Seniors Support and Positive Ageing Supports.

c)      Establishing and maintaining a list of approved home and garden maintenance businesses and organisations for the use of residents of the City of Whittlesea, by 30 June 2019.

d)      Continuing to deliver Regional Assessment Services until the Commonwealth and State Government announcement on a future operating and funding model and then review Council’s role.

 

e)      Establishing a Council Navigation and Connection Program which supports older residents and carers to navigate a significantly changed service system and a diverse range of positive ageing programs, by 30 June 2019.

f)       Resourcing a transition plan to enable effective implementation of these changes which maximise the outcomes for older residents, their carers and the broader community to age well and minimises the impact upon current clients, staff, volunteers and contractors.

 

 


Ordinary Council Agenda                                                                                    Tuesday 3 July 2018

 

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Ordinary Council Agenda                                                                                    Tuesday 3 July 2018

 

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Ordinary Council Agenda                                                                                    Tuesday 3 July 2018

 

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Ordinary Council Agenda                                                                                    Tuesday 3 July 2018

 

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Ordinary Council Agenda                                                                                    Tuesday 3 July 2018

 

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Ordinary Council Agenda                                                                                    Tuesday 3 July 2018

 

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Ordinary Council Agenda                                                                                    Tuesday 3 July 2018

 

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Ordinary Council Agenda                                                                       Tuesday 3 July 2018

 

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6.3       City Transport and Presentation

6.3.1    SR111210 - Provision of Cleaning Services contract extension

Attachments:                        1        SR111210 Confidential Summary - 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 Business Performance   

RECOMMENDATION SUMMARY

It is recommended that contract number SR111210 for Provision of Cleaning Services:

·    Is varied by $2,100,000 (excl. GST) to a new contract sum of $11,345,052 (excl. GST).

·    Is extended to the 30th of September 2019.

KEY FACTS AND / OR ISSUES

The contract manager advises that:

·    This contract was awarded to Elite Property Care Pty Ltd, for cleaning services for Council managed facilities, and commenced in October 2012.

·    The contractor has performed satisfactorily and an extension option is available to extend the contract to the 30th of September 2019.

·    Extension is required for the final one year optional period.

 

Report

Background

This contract was awarded to Elite Property Care Pty Ltd.  A summary of the financial performance of the contract is provided in the confidential attachment.

The contract commenced on the 1st of October 2012, and the current approved end date is the 30th of September 2018.  Options exist to extend the contract up to the 30th of September 2019.

VARIATION AND EXTENSION

The contract has performed satisfactorily. A variation of $2,100,000 is required for the optional extension period of one year.  Further details of the requested variation are provided in the confidential attachment.

The contractor’s prices have been checked and are considered competitive so it is proposed to extend the contract term to 30 September 2019.

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

 

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 and extension 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. SR111210, for Provision of Cleaning Services to:

1.       Approve a variation of $2,100,000 (excluding GST) making a revised contract sum of $11,345,052 (excluding GST).

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

3.       Approve extension of the contract end date to the 30th of September 2019.

 


6.3.2    2014-19 Collection of Kerbside Bundled Branches

Attachments:                        1        Contract Number 2014-19 Provision of Pre-Booked Bundled Branches Collection Service - Financial 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:                                  Manager City Presentation   

RECOMMENDATION SUMMARY

It is recommended that Council resolve, in relation to contract number 2014-19 for Provision of Pre-Booked Kerbside Greenwaste Collection Service (Bundled Branches), to:

·    Approve a variation of $243,000 (excluding GST) making a revised contract sum of $850,000 (excluding GST).

·    Approve extension of the contract end date to 30th June 2019.

KEY FACTS AND / OR ISSUES

·    The purpose of this contract is to provide the service to collect bundled branches from residential areas within the City. This contract was awarded to Contract Tree Services Pty Ltd on 1 July 2014.

·    The contract has been performed satisfactorily and extension options are available to 30 June 2019.

·    Extending this contract will allow the ongoing provision of bundled branch collection services for the community.

 

Report

Background

This contract was awarded to Contract Tree Services Pty Ltd. for the collection and processing of bundled branch material collected as part of Council’s kerbside bundled branch collection service.  A summary of the financial performance of the contract is provided in the confidential attachment.

The contract commenced on 1 July 2014 and the current approved end date is 30 June 2018.  A one year extension option exists to extend the current contract up to 30 June 2019.

VARIATION AND EXTENSION

The contract has been performed satisfactorily over the initial term of contract. A variation of $243,000 (excl. GST) is now required to enact an optional 12 month contract extension.

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

The contractor’s prices have been checked and are considered competitive so it is proposed to extend the contract term to 30 June 2019.

Links to the CoUNCIL Plan

Council Priority                    Organisational Sustainability

Future Direction                   Living Sustainably

Theme                                   Environmental Sustainability

Strategic Objective              We are an environmentally sustainable City

The kerbside bundled branch service is considered in Whittlesea’s Municipal Waste Management and Resource Recovery Strategy 2012-2020.  The ongoing provision of this service is in line with Council’s sustainability objectives, which seek provide options to community for the sustainable disposal for the waste materials that they generate.

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 and extension 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. 2014-19, for Provision of Pre-Booked Kerbside Green Waste Collection Service (Bundled Branches), to:

1.       Approve a variation of $243,000 (excluding GST) making a revised contract sum of $850,000 (excluding GST); and

2.       Approve extension of the contract end date to 30 June 2019.

 


6.3.3    Epping Recreation Reserve Master Plan

Attachments:                        1        Attachment 1: Epping Recreation Reserve Master Plan Report   

Responsible Officer:           Director City Transport & Presentation

Author:                                  Parks & Open Space Projects Officer   

RECOMMENDATION SUMMARY

THAT Council resolve to endorse the Epping Recreation Reserve master plan.

KEY FACTS AND / OR ISSUES

·    Epping Recreation Reserve is a 9.3 hectare reserve fronting onto three major roads in Epping including High Street, O’Herns Road and Miller Street. The reserve primarily accommodates active recreation including football, cricket and tennis. 

·    The draft master plan has been prepared to address the issue of aged sports and public open space infrastructure. The draft master plan makes recommendations to improve public access, visibility, safety, connection to adjacent properties and interconnectivity between multiple recreation facilities.

 

Report

Background

Epping Recreation Reserve is a 9.3 hectare reserve which fronts onto three major roads in Epping including, High Street, O’Herns Road and Miller Street. It includes two football and cricket ovals, a sporting pavilion and change rooms, sports ground lighting, six tennis courts (four synthetic-grass and two plexi- pave), electric barbecue, playground, picnic facilities, car parking and two public toilet blocks with accessible toilets. In the far north east corner of the reserve, the boundary is immediately adjacent to the historical Epping Cemetery of which Council is delegated as Committee of Management.

A master plan was completed in 2002 and was partially implemented, guiding the expansion to the tennis club and construction of perimeter fencing. Since then, the landscape and sporting facilities of the reserve have not been further developed. 

The location of the various recreational facilities within the reserve is generally suitable. There is, however, presently underutilised space around the designated sports areas. The integration of facilities along with the consolidation of areas for vehicles and pedestrians is a core component of the draft master plan. Given the rapid population growth of the area, and the increased participation in a range of sports across the precinct, the review of land use and existing facilities within and around the reserve will ensure it continues to function as a safe and accessible open space destination for both the local and visiting communities.

The City of Whittlesea Open Space Strategy (2016) identifies the potential for recreation reserves, such as Epping, to be upgraded with a greater diversity of facilities to broaden their appeal and use in the future. It states that reasons for lower levels of use of open space in established areas include:

·    A lack of diversity of facilities and open space character that appeals to the community

·    Poor visibility of open space due to lack of passive surveillance

·    Lack of path access to existing facilities

·    Lack of trees and shade

·    Poor condition of facilities

In addressing these priorities, the quality of open space will be improved to encourage greater levels of use by the existing and forecast community. Identified as a municipal open space, the masterplan recommendations seek to ensure that the Epping Recreation Reserve continues to provide for the recreational needs of the municipality and its facilities are made more appealing and accessible. As well as improving sporting facilities, the master plan therefore has a focus on increasing the diversity of facilities for unstructured recreation, including fitness stations, looped path and trail networks, multi-use courts, diverse play environments, improved playgrounds, picnic facilities and open grassed areas for informal games, events and social gatherings.

Proposal

The master plan will guide the future use and development of the Epping Recreation Reserve to ensure that it continues to function as a high-quality sports precinct with enhanced spectator and parkland amenities to create a more accessible and inviting environment for local and visiting communities. The key recommendations of the master plan are:

·    Oval Upgrades: Redevelopment of Oval 1 and its immediate surrounds including lighting, drainage, cricket wickets, coaches’ boxes and provision of a 2.5m shared path to the perimeter of the oval. Minor upgrades to Oval 2 including new scoreboard and coaches’ boxes.

·    Additional Sporting facilities: Redevelopment of the two existing public tennis courts, cricket practice nets to include five bays, a new fitness circuit and basketball/netball court.

·    Pavilion area upgrade: Expansion of the pavilion forecourt to include central plaza with spectator seating, shelters and picnic/barbeque facilities.

·    Additional building upgrades: Upgrade the public toilet facility and upgrade to the gatekeeper’s box at main entry.

·    Existing vegetation: Protection of existing trees including locally significant River Red Gums and historical English Elm trees, retention of existing vegetation patches and scattered trees and provision of landscape buffer fronting Epping Cemetery.

·    Vehicular circulation and car parking: Designation of main entry/exit points, redevelopment of overall vehicular circulation networks, roundabout and road configuration, consolidation of car parking areas, formalisation of indented external car parking and provision of formal disability parking spaces.

·    Pedestrian and bicycle circulation: Establishment of a shared path network, provision of additional secondary pedestrian paths, and creation of a fitness circuit and consideration of lighting along the shared path network.

·    Visitor facilities: upgraded playspace with integrated shelter and picnic facilities, provision of seating around the reserve, new shelter facilities, provision of picnic tables, barbeques, drinking fountains and public bins at key locations.

·    Fencing: establishment of new vehicle exclusion fencing and the maintenance of the permitter fencing.

·    Safety: investigate the implementation of lighting around the shared path network and additional lighting along Park Street.

Consultation

Key stakeholders from the Epping Cricket Club, Football Club and Tennis Club, along with the Northern Football and Netball League and Cricket Victoria provided their initial comment which formed the direction of the concept design. In April 2018 the Epping Recreation Reserve Draft Master plan was circulated back to the key stakeholders and wider community for comment. In summary there was support for the key recommendations in the draft master plan.

For further information on the community consultation, see Attachment 1.

Financial Implications

Funding for the future development of the recreation reserve and facilities the master plan encompasses will be undertaken as part of Council’s rolling programs (e.g. Cricket practice nets replacement program, playground renewal program, etc.).  Remaining items will be considered by Council for funding in future New Works Programs. An Implementation Plan has been included in Attachment 1 and prioritises the projects recommended.

The cost of implementing the master plan is estimated at $5 million.

Policy strategy and legislation

The Epping Recreation Reserve Master Plan is consistent with Council’s Open Space Strategy 2016 and will promote a welcoming and safe gathering space for the Epping and broader community.

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

The master plan has been prepared for the future development of the Epping Recreation Reserve following extensive consultation with the community and key sporting stakeholders, and sets out a plan for a high quality sporting reserve which is also an attractive environment for the local community. 

RECOMMENDATION

THAT Council resolve to endorse the Epping Recreation Reserve master plan.

 


Ordinary Council Agenda                                                                                    Tuesday 3 July 2018

 

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Ordinary Council Agenda                                                                       Tuesday 3 July 2018

 

6.3.4    Response to Petition - Requesting additional screen planting along Plenty Road, Mill Park

Attachments:                        1        Residents Petition   

Responsible Officer:           Director City Transport & Presentation

Author:                              &n