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Agenda

 

OF Ordinary
COUNCIL MEETING

HELD ON

Tuesday 5 March 2019

AT 6.30pm

summons

 

You are advised that a Meeting of Council has been called by the Chief Executive Officer on Tuesday, 5 March 2019 in Council Chamber, 25 Ferres Boulevard, South Morang at 6.30pm for the transaction of the following business.

 

S OVERLAND

CHIEF EXECUTIVE OFFICER


Ordinary Council Agenda                                                                    Tuesday 5 March 2019

 

 

 

COUNCILLORS

 

LAWRIE COX                                   MAYOR, SOUTH WEST WARD

STEVAN KOZMEVSKI                    SOUTH WEST WARD

CAZ MONTELEONE                       SOUTH WEST WARD

KRIS PAVLIDIS                               SOUTH WEST WARD

TOM JOSEPH                                  DEPUTY MAYOR, NORTH WARD

RICKY KIRKHAM                            NORTH WARD

EMILIA LISA STERJOVA               NORTH WARD

SAM ALESSI                                    SOUTH EAST WARD

ALAHNA DESIATO                         SOUTH EAST WARD

NORM KELLY                                  SOUTH EAST WARD

MARY LALIOS                                 SOUTH EAST WARD


Ordinary Council Agenda                                                                    Tuesday 5 March 2019

 

 

 

SENIOR OFFICERS

 

 

SIMON OVERLAND                          CHIEF EXECUTIVE OFFICER

RUSSELL HOPKINS                         DIRECTOR COMMUNITY SERVICES

NICK MANN                                       DIRECTOR CITY TRANSPORT & PRESENTATION

HELEN SUI                                         DIRECTOR CORPORATE SERVICES

LIANA THOMPSON                           DIRECTOR PARTNERSHIPS, PLANNING & ENGAGEMENT

MICHAEL TONTA                              MANAGER GOVERNANCE

ANGELO MAMATIS                          TEAM LEADER GOVERNANCE

 


Ordinary Council Agenda                                                                   Tuesday 5 March 2019

 

 

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

Nil Reports.. 15

6.            Officers' Reports.. 17

6.1         Partnerships, Planning & Engagement. 17

6.1.1       17 Juniper Crescent Thomastown - Planning Application No. 717770 - Construction of Five Dwellings.. 17

6.1.2       Proposed Planning Scheme Amendment- Wollert PSP - Clause 53.01 Correction - Request For Authorisation.. 37

6.1.3       10 Karloo Close Epping - Planning Application No. 717900 -Construction of Two Dwellings.. 43

6.1.4       ASSEMBLIES OF COUNCIL REPORT - 5 MARCH 2019. 69

6.2         Community Services.. 73

6.2.1       Contract No. 2014-192 Provision of HACC Delivered Meals Service Contract Extension.. 73

6.2.2       Community Events Funding Program.. 77

6.3         City Transport and Presentation.. 85

6.3.1       Norris Bank Reserve Park and Playground Upgrade Tender Evaluation for Contract 2018-87. 85

6.3.2       Bushland Works contract extension 2017-101. 89

6.3.3       Growling Frog Golf Course Lease Award.. 93

6.3.4       Routine Maintenance of the VicRoads Arterial Roads (excluding Freeways) - Service Contract Extension.. 99

6.4         Corporate Services.. 107

6.4.1       Contract 2014-190 Temporary Agency Staff Management System - Contract extension.. 107

6.4.2       2018/19 New Works Program - Quarter 2 Report. 111

6.4.3       Safety and Wellbeing Quarterly Report - December 2018 update.. 137

6.4.4       Part of Downs Road Lalor adjoining Whittlesea Public Gardens - Road Discontinuance.. 147

6.4.5       2018/2019 Council Action Plan - Quarter 2 Update.. 155

6.4.6       2018/19 Financial Performance - Quarter 2 Report And 2018/19 Mid-Year Budget Review... 165

6.5         Executive Services.. 191

6.5.1       Meetings of the Chief Executive Officer 24 January - 20 February 2019. 191

7.            Notices of Motion.. 195

7.1           Notice of Motion No 866 - Live Streaming of Council Meetings.. 195

8.            Questions to Officers.. 196

9.            Urgent BusineSS.. 196

10.         Reports from Delegates Appointed BY Council TO Other Bodies. 196

11.         Confidential Business. 197

11.1       Partnerships, Planning & Engagement. 197

Nil Reports.. 197

11.2       Community Services.. 199

Nil Reports.. 199

11.3       City Transport and Presentation.. 201

Nil Reports.. 201

11.4       Corporate Services.. 203

Nil Reports.. 203

11.5       Executive Services.. 205

Nil Reports.. 205

11.6       Notices of Motion.. 207

Nil Reports.. 207

12.         Closure.. 209

 

 


Ordinary Council Agenda                                                                    Tuesday 5 March 2019

 

 

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 no later than 3pm on the day of the ordinary Council 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. Refer: https://www.whittlesea.vic.gov.au/about-us/council/council-meetings/

 

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)      Council’s internet site – http://cam.whittlesea.vic.gov.au/

 

 


Ordinary Council Agenda                                                                    Tuesday 5 March 2019

 

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.

 

I as a non-aboriginal or Torres Strait Islander would ask that you may consider a conversation with our Aboriginal and Torres Strait peoples to educate and understand their depth of feeling around the treatment of our first nations peoples and events that have shaped their lives.

 

1.3       Present

2.         Apologies

3.         Declarations of Interest

4.         Confirmation of Minutes of Previous Meeting

Ordinary Meeting of Council held 5 February 2019

Adjourned Meeting of Council held 12 February 2019

5.         Questions, Petitions and Joint Letters

5.1       Questions To Councillors

 


Ordinary Council Agenda                                                                    Tuesday 5 March 2019

 

5.2       Petitions

Nil Reports


Ordinary Council Agenda                                                                    Tuesday 5 March 2019

 

5.3       Joint Letters

Nil Reports   


Ordinary Council Agenda                                                                    Tuesday 5 March 2019

 

6.         Officers' Reports

6.1       Partnerships, Planning & Engagement

6.1.1      17 Juniper Crescent Thomastown - Planning Application No. 717770 - Construction of Five Dwellings

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Senior Planner   

APPLICANT:                         Mimar Design

COUNCIL POLICY:              22.11 - Development Contribution Plan Policy

 

ZONING:                               General Residential Zone

OVERLAYS:                         Development Contributions Plan Overlay – Schedule 3

REFERRALS:                       Nil

OBJECTIONS:                      48, including one petition with nine signatories

RECOMMENDATION SUMMARY

That Council resolve to refuse Planning Application No. 717770 and issue a Notice of Refusal for the construction of five dwellings at 17 Juniper Crescent, Thomastown.

KEY FACTS AND / OR ISSUES

·    It is proposed to construct five double storey dwellings. 

·    Notification of the application was undertaken and 48 objections, including one petition with nine signatories, have been received. 

·    While the site is appropriately located within a General Residential Zone for a medium density development, the proposal fails to comply with several requirements of the Whittlesea Planning Scheme, including Clause 55 – ResCode. 

·    The continuous built form along the ground floors, lack of meaningful separation of the first floors and insufficient car parking spaces is considered symptomatic of an overdevelopment of the site.  

 

Report

SITE AND SURROUNDING AREA

The site is a residential property located on the southern side of Juniper Crescent in Thomastown, 960m west of Thomastown train station and shopping precinct (see Attachment 1).

The site contains a 16.6m frontage to Juniper Crescent, an average depth of 59.7m and a total site area of 1,136.5m².  The site is relatively flat. 

The site currently contains a single storey brick dwelling, with a pitched tiled roof, and a single car space brick garage.  Vehicle access to the dwelling is obtained from a crossover and accessway along the western side boundary.  A low brick front fence encloses the site, while landscaping within the front setback is sparse, consisting of mainly low shrubs.  

The surrounding area is characterised by single and double storey dwellings, consistently finished in brick veneer, with pitched tiled roofs.  Secondary additions and detached outbuildings are present along side and rear boundaries.  Front fences, if present, are consistently low in overall height, however vary in transparency and construction materials.  Landscaping is present within front setbacks and more limited in rear secluded private open spaces.

Directly to the north of the site is Juniper Crescent and single dwelling developments.  Directly to the east of the site are single dwelling developments fronting Juniper Crescent and Teak Court.  Directly to the south of the site are single dwelling developments fronting Spring Street.  Finally, directly to the west of the site are two dwelling developments and single dwelling developments fronting Juniper Crescent and Hazel Avenue.  

Medium density developments are located at; 13 Lantana Avenue, 19 Juniper Crescent and 2 Hazel Avenue. 

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

·    Bus Route Nos. 554 and 557 – Thomastown via West Lalor (170m south);

·    Bus Route No. 357 – Wollert West to Thomastown Station via Epping Station (180m east);

·    Main Street Reserve and Thomastown Aquatic Centre (300m north);

·    Thomastown West Primary School and Secondary College (460m north);

·    St. Clare’s Catholic Primary School (800m north-west);

·    Thomastown Primary School (870m east); 

·    Thomastown Train Station and Shopping Precinct (960m east); and

·    M80 Ring Road (1.3km south).

restrictions and easements

The site is formally described as Lot No. 96 on Plan of Subdivision No. 072729. 

The site is not covered by any Section 173 Agreements, however is affected by Restrictive Covenant No. C929617. 

Restrictive Covenant No. C929617 prohibits the construction of dwellings not built from brick, stone, concrete or brick veneer.  All five dwellings will be constructed from brick veneer and concrete, therefore the proposal does not breach Restrictive Covenant No. C929617.       

A 2.4m wide drainage and sewerage easement runs along the southern rear boundary of the site.   

Proposal

The application seeks approval for the construction of five dwellings (see Attachment 2).  The existing dwelling and associated structures will be demolished. 

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

Dwelling No.

Height / Scale

No. of Bedrooms

Setbacks

Secluded Private Open Space

Car Parking

Dwelling No. 1

Double Storey

3

5.4m front (north)

0m side (east)

5.8m side (west)

26.0m²

Double Garage

Dwelling No. 2

Double Storey

2

3.9m side (east)

5.8m side (west)

40.5m²

Single Garage

Dwelling No. 3

Double Storey

3

3.1m side (east)

4.8m side (west)

44.7m²

Single Garage and Tandem Car Space

Dwelling No. 4

Double Storey

2

3.9m side (east)

4.8m side (west)

43.4m²

Single Garage

Dwelling No. 5

Double Storey

2 + Study

5.2m side (east)

2.6m rear (south)

5.4m side (west)

41.5m²

Single Garage

Public Notification

Advertising of the application has resulted in 48 objections, including one petition with nine signatories, being received.  The grounds of objection can be summarised as follows:

1.       The proposal is contrary to the existing and preferred neighbourhood character;

2.       The scale of the development;

3.       Overdevelopment of the site;

4.       Insufficient on site car parking;

5.       Additional traffic and on-street car parking;

6.       Emergency vehicle access;

7.       Access for persons with limited mobility;

8.       Overlooking;

9.       Noise;

10.     Insufficient private open spaces;

11.     The proposal will set a negative precedent for the area; and,

12.     Decreased property values.

A response to the grounds of objection will be provided later in this report. 

 

 

 

 

 

HOUSING DIVERSITY STRATEGY

The Housing Diversity Strategy (HDS) was introduced into the Whittlesea Planning Scheme 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 Suburban Residential change area, which recognises areas typically a fifteen minute plus walk to public transport and activity centres.  The preferred housing types are noted as detached dwellings, dual occupancies and duplexes.

The Suburban Residential change area has a number of Key Design Principles, including:-

·    Low building heights to reflect the existing suburban scale and character;

·    Front setback to allow for significant landscaping and large canopy trees to create a sense of openness to the street;

·    Increased side and rear setbacks to provide for building separation and landscaping;

·    Standard site coverage to facilitate landscaping opportunities;

·    An increased area of private open space to allow for significant landscaping;

·    Large canopy tree in the front setback; and

·    Extra-large canopy tree in the rear setback. 

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 neighbourhood character contains both single and double storey dwellings and consistently includes; double or triple fronted facades, pitched roofs, brick facades, concrete roof tiles and low level landscaping within front setbacks.   

The preferred neighbourhood character for the area is addressed in Clause 21.09-2 – Housing Diversity of the Local Planning Policy Framework and in Council’s Housing Diversity Strategy as detailed earlier in this report.

 

Some elements of the proposal accord with both the existing and preferred neighbourhood character. 

All five dwellings will be double storey, which varies from the predominately single storey character of the area, however is consistent with the double storey elements at 3 and 8 Juniper Crescent. 

All five dwellings will have double or triple fronted facades fronting onto either Juniper Crescent or the internal accessway.  Furthermore, all five dwellings will have pitched roofs, ground floor brick facades and concrete roof tiles.  

Both the front setback as well as the secluded private open spaces of Dwelling Nos. 2-5 include 3.0m by 3.0m areas for the provision of a canopy tree, noting the front setback can accommodate a medium sized canopy tree, with an area of 5.0m by 5.0m.

Five double storey dwellings is a departure from the predominantly single storey character of the area, however an additional storey, subject to meaningful separation between each dwelling, could be an acceptable outcome for the area in terms of scale and massing. 

Excluding the ground floor eastern façade of Dwelling Nos. 1 and 5, the development will be setback from all side and rear boundaries, noting that outbuildings on side and rear boundaries is a feature of the existing neighbourhood character. 

The development will have a garden area of 36.2%, which exceeds the minimum requirement of 35.0%, therefore allowing for suitable landscaping opportunities across the site. 

All five dwellings exceed the minimum areas for secluded private open space, with Dwelling No. 2-5 also able to accommodate a tree.

The number of dwellings differs from the preferred housing types, which is considered unacceptable as the layout and massing of the proposal also fails to satisfy the key design principles of Council’s Housing Diversity Strategy.

Other elements of the proposal outright fail to accord with both the existing and preferred neighbourhood character.

 

The continuous ground floor built form nature of Dwelling Nos. 1 - 4 as well as the minimal separation between Dwelling Nos. 4 and 5, through the siting of a visitor car parking space, is considered contrary to the spacing provided on other single and medium density sites in the immediate area. 

Furthermore, the first floor separation provided between Dwelling Nos. 1 – 4 is considered tokenistic and unlikely to provide a visible break when viewed from Juniper Crescent or the abutting land to the east of west of the site, resulting in unacceptable visual bulk to neighbouring properties.   

B2

Residential Policy

x

x

The site is located within a General Residential Zone and is within a Suburban Residential Change Area of Council’s Housing Diversity Strategy. 

The siting and massing of the built form is inconsistent with Council’s Housing Diversity Strategy.    

B3

Dwelling Diversity

N/A

N/A

Only applicable in developments of ten or more dwellings. 

B4

Infrastructure

P

P

 

B5

Integration with the Street

P

P

 

B6

Street Setback

x

P

While the 5.4m setback proposed technically satisfies Standard B6 due to the carport on the abutting land to the west, street setbacks in the immediate area are consistently greater than 6.0m.  It is also noted that the carport is an open structure providing a softer edge, with the dwelling setback considerably from the frontage.  The reduced street setback alongside continuous built form on the ground floor and minimum separation on the first floors is considered symptomatic of an overdevelopment of the site. 

B7

Building Height

P

P

Dwelling Nos. 1-5 will have overall heights of 7.4m or less, which is well below the 11.0m overall height requirement for the General Residential Zone.   

B8

Site Coverage

P

P

 

B9

Permeability

P

P

 

B10

Energy Efficiency

P

P

 

B11

Open Space

N/A

N/A

 

B12

Safety

P

P

 

B13

Landscaping

x

x

A Landscape plan should be submitted as a condition should a permit be issued. 

B14

Access

P

P

 

B15

Parking Location

x

x

The dining room window of Dwelling No. 1 and the kitchen room windows of Dwelling Nos. 2-4 must have sill heights of 1.4m above the shared accessway, which could be addressed as a condition should a permit be issued.   

B17

Side and Rear Setbacks

P

P

 

B18

Walls on Boundaries

P

P

 

B19

Daylight to Existing Windows

x

x

The laundry of Dwelling No. 1 must be setback 1.6m from the habitable room window of the adjoining dwelling to the east.  The laundry of Dwelling No. 1 must be relocated or setback 1.0m from the eastern side boundary, which will require the redesign of Dwelling No. 1.

B20

North-facing Windows

N/A

N/A

 

B21

Overshadowing Open Space

P

P

 

B22

Overlooking

P

P

 

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

P

P

 

B26

Dwelling Entry

P

P

 

B27

Daylight to New Windows

P

P

 

B28

Private Open Space

P

P

 

B29

Solar Access to Open Space

P

P

 

B30

Storage

P

P

 

B31

Design Detail

x

x

As discussed earlier in this report, the continuous built form along the ground floor of the dwellings and the lack of meaningful separation along the first floors of the dwellings is considered unacceptable and symptomatic of an overdevelopment of the site. 

B32

Front Fences

N/A

N/A

 

B33

Common Property

P

P

 

B34

Site Services

P

P

   

CAR PARKING 

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

Dwelling No.

No. of Bedrooms

Car Spaces Required

Car Spaces Provided

Complies

1

3

2

2

Yes

2

2

1

1

Yes

3

3

2

2

Yes

4

2

1

1

Yes

5

2 + study

2

1

No

Visitor

1

1

1

Yes

 


 

 

Requirements

Compliance

Comment

Number of Car Parking Spaces Required Under Table 1

x

Dwelling No. 5 contains two bedrooms and a study, which requires the provision of two car parking spaces.  To satisfy this requirement, a redesign of the development or Dwelling No. 5 would be required.    This could potentially be addressed through a condition on permit.

Design Standard 1 – Accessways

x

It is noted that if the visitor car parking space is occupied and another visitor vehicle enters the site, the subject vehicle would be required to exit the site by reversing down the 40.0m long accessway, which is considered neither safe or convenient. 

Design Standard 2 – Car Parking Spaces (dimensions)

P

 

Design Standard 3 – Gradients

N/A

 

Design Standard 4 – Mechanical Parking

N/A

 

Design Standard 5 – Urban Design

P

 

Design Standard 6 – Safety

P

 

Design Standard 7 – Landscaping

P

 

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.

OTHER PLANNING POLICIES

Planning Scheme Amendment C200 is currently with the Minister for approval.  Planning Scheme Amendment C200 is the stage two implementation of Council’s Housing Diversity Strategy and is a ‘seriously entertained’ document, which requires planning consideration.  Planning Scheme Amendment C200 will result in Schedule 5 of the General Residential Zone applying to the site. 

The proposal, in its current form, fails to satisfy the increased requirements of Standard B13 – Landscaping , Standard B17 – Side and Rear Setbacks and Standard B28 – Private Open Space, which indicates the proposal is an overdevelopment of the site. 

Comments on Grounds of Objection

1.   The proposal is contrary to the existing and preferred neighbourhood character

As discussed elsewhere in this report, the proposal fails to accord with both the existing and preferred neighbourhood character. 

2.   The scale of the development

As discussed elsewhere in this report, the continuous built form at the ground floor level and separation between the dwellings at the first floor level is unacceptable.    

3.   Overdevelopment of the site

As discussed elsewhere in this report, the proposal fails to comply with several key standards of Clause 55 – ResCode of the Whittlesea Planning Scheme, which indicates the proposal is an overdevelopment of the site. 

4.   Insufficient on site car parking

As discussed elsewhere in this report, the car parking provided on site fails to satisfy the requirements of Clause 52.06 – Car Parking of the Whittlesea Planning Scheme. 

5.   Additional traffic and on-street car parking

The application was referred to Council’s Engineers who offered no objection to the additional traffic and car parking on Juniper Crescent. 

6.   Emergency vehicle access

The proposed accessway partially satisfies the requirements of Clause 52.06 – Car Parking, which will also allow for access by emergency vehicles.  

7.   Access for persons with limited mobility

Access for persons with limited mobility, including catering for an aging population, is addressed in Clause 55.02-3 – Dwelling Diversity of the Whittlesea Planning Scheme.  Standard B3 of Clause 55.02-3 – Dwelling Diversity of the Whittlesea Planning Scheme only applies to developments with ten or more dwellings.  The proposal in its current form is acceptable for persons with limited mobility. 

8.   Overlooking

The proposal includes measures to address overlooking in accordance with Standard B22 – Overlooking of Clause 55 – ResCode of the Whittlesea Planning Scheme. 

9.   Noise

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

10. Insufficient private open spaces

Each dwelling will be provided with over 25.0m² of secluded private open space, which has a minimum width of 3.0m, and over 40.0m² of private open space.  The private open spaces provided comply with Standard B28 of Clause 55.05-4 – Private Open Space of the Whittlesea Planning Scheme and are acceptable. 

11. The proposal will set a negative precedent for the area

Each application for medium density development is assessed on its merits and must comply with the Whittlesea Planning Scheme.  The current proposal is considered an overdevelopment of the site and contrary to the existing and preferred neighbourhood character. 

12. Decreased property values.

VCAT has determined on many occasions that property values are not a relevant planning consideration. 

Declarations of Conflicts of Interest

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

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

Conclusion

The application has been assessed against the Whittlesea Planning Scheme, and in particular the objectives and standards of Clause 52.06 and 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 to refuse Planning Permit Application No. 717770, and issue a Notice of Refusal to Grant a Planning Permit, for the construction of five dwellings, at 17 Juniper Crescent Thomastown, on the following grounds:-

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 55.03-1 – Street Setback;

d)      Clause 55.03-8 – Landscaping;

e)      Clause 55.04-3 – Daylight to Existing Windows; and

f)       Clause 55.06-1 - Design Detail. 

2.       The proposal does not comply with Clause 52.06-5 – Number of Car Parking Spaces Required of the Whittlesea Planning Scheme.

3.       The proposal does not comply with Clause 52.06-9 – Design Standards for Car Parking of the Whittlesea Planning Scheme. 

4.       The proposal has not had sufficient regard to Amendment C200 to the Whittlesea Planning Scheme, which is a seriously entertained amendment.

5.       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 5 March 2019

 

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Ordinary Council Agenda                                                                                              Tuesday 5 March 2019

 


 


 


Ordinary Council Agenda                                                                    Tuesday 5 March 2019

 

6.1.2      Proposed Planning Scheme Amendment- Wollert PSP - Clause 53.01 Correction - Request For Authorisation 

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Senior Strategic Planner   

 

RECOMMENDATION SUMMARY

The report recommends that Council resolve to:

1.       Seek authorisation from the Minister for Planning to prepare an amendment to the Whittlesea Planning Scheme to correct an anomaly in the Schedule to Clause 53.01 of Whittlesea Planning Scheme and the Wollert Precinct Structure Plan in respect to the amount of land to be contributed for public open space within the Wollert Precinct Structure Plan area.

2.       Seek an exemption from the Minister for Planning under section 20(2) of the Planning and Environment Act 1987 to give notice of the amendment except to relevant Ministers and agencies.

3        Should an exemption not be granted under section 20(2) that the amendment be exhibited in accordance with section 19 of the Planning and Environment Act 1987.

KEY FACTS AND / OR ISSUES

·     Amendment C210 was prepared by the Victorian Planning Authority (VPA) which included an update to Schedule to Clause 52.01 (now Clause 53.01) of the Whittlesea Planning Scheme relating to the amount of open space in the Wollert Precinct Structure Plan (Wollert PSP).

·     An anomaly was made in the drafting of the schedule as it includes the incorrect amount of open space required for the Residential and Employment areas within the Wollert PSP.

·     The proposed Amendment will correct the anomaly identified.

·     Given the Amendment seeks only to rectify an anomaly and does not propose any change to the Wollert PSP or DCP; it is recommended that Council request the Minister for Planning to exempt Council from part of the notice requirements of the Planning and Environment Act 1987.

 

 

Report

Introduction

The purpose of this report is to discuss the proposed Planning Scheme Amendment to correct an anomaly in Clause 53.01 of the Whittlesea Planning Scheme in respect to the amount of land to be contributed for public open space for development in the Wollert Precinct Structure Plan (PSP).

The report seeks the authorisation of the Minister for Planning to prepare the amendment and process it under section 20(2) of the Planning and Environment Act 1987 which requires limited notice.

Background

The Wollert Precinct Structure Plan (PSP) area is a continuation of the Epping North urban growth corridor. The PSP area itself covers a total land area of approximately 1,434 hectares split into Residential and Employment precincts, and is bound by Craigieburn Road East in the south, Summerhill Road in the north, Curly Sedge Creek in the west and the reservation for the future E6 to the east.

The Wollert PSP and Development Contributions Plan (DCP) were incorporated into the Whittlesea Planning Scheme as part of Amendment C187 which was approved in February 2017. An update to the planning controls was subsequently made through Amendment C210 which was approved in October 2017. Amendment C187 was prepared by the Victorian Planning Authority (VPA) whilst Amendment C210 was prepared by the Minister for Planning at the request of the VPA.

Amendments C187 and C210 included a number of changes to the Whittlesea Planning Scheme including an amendment to the Schedule to Clause 52.01 (now 53.01) to require developments to provide a percentage of land as a public open space contribution. The figure included in the Schedule to Clause 52.01 (now 53.01) comes from the Summary Land Use Budget in the Wollert PSP.

Through the assessment of planning permits in the precinct it became apparent that the contribution amount specified in the Schedule to Clause 53.01 and Summary Land Use Budget in the Wollert PSP is inconsistent with the requirements of the Detailed Land Use Budget in the Wollert PSP and DCP. Therefore, this amendment seeks to correct this anomaly.

Proposal

An anomaly has been identified for land in the Wollert PSP.

The amount of public open space that is to be provided as per the Detailed Land Use Budget in the Wollert PSP/DCP is calculated by dividing the area required for local parks against the net development area for each precinct.

When preparing the Summary Land Use Budget in the PSP and subsequently the amendment, the VPA have calculated the requirement by dividing the area required for local parks in each precinct against the total net developable area for both precincts (residential and employment) combined. This has created the anomaly as detailed in Table 1.

 

 

 

 

 

Table 1: Public Open Space Contribution (local parks) – Wollert

Precinct

Area Required  for Local Parks (ha)

Net Developable Area (ha)

Amount of Public Open Space Required

Schedule to Clause 53.01 in WPS (current)

Residential

34.98

782.21

4.47%

3.70%

Employment

7.49

168.68

4.44%

0.80%

Total

42.47

950.89

n/a

n/a

The Amendment proposes to amend the Schedule to Clause 53.01 and the Summary Land Use Budget in the Wollert PSP to insert the correct amounts of public open space.

It is noted that through the implementation of the Wollert PSP and DCP and the approval of planning permits in the precinct, the correct figures and contribution rates are currently being used.

Consultation

The Planning and Environment Act 1987 requires notice to be given of an amendment, however, an exemption may be granted under section 20(2) from those requirements in circumstances where it is appropriate.

It is recommended that in this instance, a request be made to the Minister for Planning to exempt part of the notice requirements given the amendment seeks only to rectify an anomaly. The amendment does not propose to make any change to the Detailed Land Use Budget in the Wollert PSP or DCP or to the amount of land required to be provided under these plans which were exhibited as part of previous amendments. It is recommended that notice only be provided to the relevant Ministers and agencies including the VPA. Council will need to work with the VPA to prepare the amendment and the update to the Wollert PSP.

This process will fast track the correction of the anomaly and avoid submissions being received which are broader in scope than the issue of correcting the anomaly.

Financial Implications

There is small fee ($469.60) associated with submitting an amendment for approval with the Minister for Planning.

Policy strategy and legislation

Ministerial Directions

The Amendment will be prepared considering the following ministerial directions:

·    Ministerial Direction – The Form and Content of Planning Schemes

·    Direction No. 11 Strategic Assessment of Amendments

Planning Practice Notes

The Amendment documents will be prepared considering the following practice notes:

§ PPN46: Strategic Assessment Guidelines

 

 

 

 

 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Liveable neighbourhoods

Whittlesea 2040 Key Direction     Well-designed neighbourhoods and vibrant town centres

Strategic Objective                        We can access recreation facilities and open spaces that reflect and respond to local need

Council Priority                             Planning and Infrastructure

The proposed amendment will ensure that the public open space (local parks) is provided for in the Wollert precinct in accordance with the Wollert PSP and DCP.

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 Amendment will correct an anomaly identified in the Schedule to Clause 53.01 in respect to the amount of land to be contributed for public open space (local parks) for development in the Wollert PSP area. The amount specified in the Schedule is inconsistent with the amount of land required in accordance with the Wollert PSP and DCP.

The error was made in the drafting of the schedule as part of Amendment C210 which was prepared by the Minister of Planning at the request of the VPA.

Given, the amendment seeks only to rectify an anomaly and does not propose any change to the Wollert PSP or DCP; it is recommended that Council request the Minister for Planning to exempt Council from part of the notice requirements of the Planning and Environment Act 1987. Should the Minister for Planning not authorise this request, it is recommended that a request be made to prepare and exhibit the amendment in accordance with the normal process under section 19 of the Planning and Environment Act 1987.

RECOMMENDATION

THAT Council resolve to:

1.       Seek authorisation from the Minister for Planning to prepare an amendment to the Whittlesea Planning Scheme to correct an error in the Schedule to Clause 53.01 of Whittlesea Planning Scheme and the Wollert Precinct Structure Plan in respect to the amount of land to be contributed for public open space within the Wollert Precinct Structure Plan area.

2.       Seek an exemption from the Minister for Planning under section 20(2) of the Planning and Environment Act 1987 to give notice of the amendment except to relevant Ministers and agencies.

3        Should an exemption not be granted under section 20(2) that the amendment be exhibited in accordance with section 19 of the Planning and Environment Act 1987.


 

6.1.3    10 Karloo Close Epping - Planning Application No. 717900 -Construction of Two Dwellings

Attachments:                        1        Locality Maps

2        Development Plans

3        Shadow Diagrams   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Planning Officer   

APPLICANT:                         Contemporary Design Consultants

COUNCIL POLICY:              22.11 - Development Contribution Plan Policy

ZONING:                               General Residential Zone

OVERLAY:                            Development Contributions Plan Overlay

REFERRAL:                          Nil

OBJECTIONS:                      Seven Objections

RECOMMENDATION SUMMARY

That Council resolve to approve Planning Application No. 717900 and issue a Notice of Decision to Grant a Permit for the construction of two dwellings subject to conditions, at 10 Karloo Close Epping.

KEY FACTS AND / OR ISSUES

·    The application proposes the construction of two double storey dwellings.

·    The proposal was advertised, which resulted in seven (7) objections being received.  The concerns raised related to the double storey built form, neighbourhood character, overlooking, overshadowing, on-street car parking, noise, and property devaluation.

·    The proposal is considered to be appropriately located within a General Residential Zone, where a diversity of housing types and housing growth are encouraged particularly in locations offering good access to services and transport.

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

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

 

Report

SITE AND SURROUNDING AREA

The subject site is located on the south-west side of Karloo Close, approximately 75m east of Aranda Place, Epping (see Attachment 1).

 

The site is irregular in shape with a street frontage to Karloo Close of 25.8m, a depth of 37m and a total site area of approximately 707m2. The site is relatively flat and contains no significant vegetation. 

 

The site currently contains a detached single storey dwelling constructed of brick with a pitched tiled roof, vehicle access is provided via an existing crossover at its north-western corner leading to a free standing garage to the rear of the site.

 

The immediate surrounding area is characterised by single storey dwellings with the usual outbuildings. There are a number of examples of medium density development within proximity of the subject site, including along Aranda Place and Narina Way.

 

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

·        Narina Park (200 west).

·        Bus Route 569 – Epping Plaza SC to South Morang (300m north).

·        Gauila Court Park (300 west).

·        St Monica’s College Epping (350m west).

·        Bus Route 556 – Lalor to Northland (550m west).

·        Epping Train Station (800m west).

·        Lalor North College (800m south).

restrictions and easements

The site is legally described as Lot 133 on Plan of Subdivision LP118964; the site is not covered by any Covenant or Section 173 Agreements. There is a 2.5m wide drainage and sewerage easement runs along the southern rear boundary of the site.

Proposal

It is proposed to construct two double storey dwellings on the subject land (see Attachment 2). The existing dwelling and associated structures will be demolished. 

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

 

Height/Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

Dwelling No. 1

Double storey

4

8.1m front (north)

3.9m side (west)

1.4m side (east)

87m2 including 20m2 of secluded private open space

Double Garage with dimensions of 5.5mx6m

7.2m (total height)

Dwelling No. 2

Double storey

3

3.1m rear (south)

0m side (west)

2.2 m side (east)

158m2 including 134m2 of secluded private open space

Double Garage with dimensions of 5.5mx6m

7.3m (total height)

Public Notification

Advertising of the application was undertaken by means of a sign on site and letters sent to adjoining owners and occupiers, and resulted in seven being objections received.  The grounds of objection can be summarised as follows:

1.       The double storey built form being a change to existing neighbourhood character

2.       Increased local street traffic

3.       Overlooking

4.       Overshadowing

5.       Street Setback

6.       The lack of available on-street car parking

7.       Noise

8.       Overdevelopment of the site

9.       Property devaluation

A response to the grounds of objection will be provided later in this report. 

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.  

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

The site is within a Suburban Change Area, which recognises areas in proximity to public transport and activity centre. 

Dual occupancies/Duplexes are a preferred housing type within the Suburban Change Area.

ASSESSMENT AGAINST CLAUSE 55 OF THE WHITTLESEA PLANNING SCHEME

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

·    Must meet all of the objectives

·    Should meet all of the standards

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

 

ü - Compliance
× -  Non compliance

Objectives

Standards

Comments

B1

Neighbourhood Character

P

P

The surrounding area contains a mixture of double and single storey dwellings; however, single storey dwellings are more prevalent. 

The proposed development will be predominantly constructed from a combination of external finishes including brick works and lightweight cladding and contain pitched tiled roofing.  These materials can be readily found within the surrounding area and as a result the proposal will complement the existing neighbourhood character.

The preferred neighbourhood character for the area is addressed in Clause 21.09-4 – Housing Diversity of the Local Planning Policy Framework and in Council’s Housing Diversity Strategy as detailed earlier in this report.

The double storey dwelling heights are of a human scale and the elements of the proposal accord with both the existing and preferred neighbourhood character. 

B2

Residential Policy

P

P

The site is located within a General Residential Zone and is within a Suburban Residential Change Area of Council’s Housing Diversity Strategy. 

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

B3

Dwelling Diversity

N/A

N/A

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

B4

Infrastructure

P

P

 

B5

Integration with the street

P

P

 

B6

Street setback

P

P

Complies, the proposed street setback is 8.1m.

B7

Building height

P

P

7.6m overall

B8

Site coverage

P

P

37.3%

B9

Permeability

P

P

59%

B10

Energy efficiency

P

P

 

B11

Open space

N/A

N/A

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

B12

Safety

P

P

 

B13

Landscaping

P

Condition

A Landscape plan should be submitted as a condition should a permit be issued. 

B14

Access

P

P

Complies, as it is proposed to utilise the existing crossover on site.

B15

Parking location

P

P

 

B17

Side and rear setbacks

P

P

 

B18

Walls on boundaries

P

P

 

B19

Daylight to existing windows

P

P

 

B20

North-facing windows

P

P

The shadow diagrams submitted (see Attachment 3) as part of the application indicate that the proposed development will not cast any unreasonable shadows to the existing north – facing habitable room windows.

B21

Overshadowing open space

P

P

The shadow diagrams submitted (see Attachment 2) as part of the application indicate that the proposed development will not cast any unreasonable shadows to the abutting properties.

B22

Overlooking

P

Condition

A condition will be placed on permit requiring all first floor windows facing  eastern and southern boundary to be screened with obscure glazing or window sill heights of 1.7m in accordance with Standard B22 – Overlooking of Clause 55 – ResCode. 

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

P

P

 

B26

Dwelling entry

P

P

 

B27

Daylight to new windows

P

P

 

B28

Private open space

P

Condition

Standard B28 requires an area of 40 square metres with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling with a minimum area of 25 square metres secluded private open space (a minimum dimension of 3 metres).

Whilst 40 square metres of private open space is provided to dwelling 1, only 20 square meters of secluded private open space is available, therefore a condition will be placed on permit requiring amended layout to meet the standard.

B29

Solar access to open space

P

P

 

B30

Storage

P

P

 

B31

Design detail

P

P

 

B32

Front fences

N/A

N/A

No front fence proposed.

B33

Common property

P

P

 

B34

Site services

P

P

 

CAR PARKING                                                                                         

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

Dwelling No.

No. of bedrooms

Car spaces required

Car spaces provided

Complies

1

4

2

2

Yes

2

3

2

2

Yes

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

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

DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY (SCHEDULE 3)

The site is affected by the Development Contributions Plan Overlay. Pursuant to Clause 45.06 of the Whittlesea Planning Scheme, the Development Contributions Plan Overlay

 

 

enables the levying of contributions for the provision of works, services and facilities prior to development commencing.

 

Schedule 3 to the overlay requires contributions for drainage infrastructure for medium density residential development at a current rate of $2.19 per square metre of the total site area. This requirement must be included as a condition on any planning permit that is issued.

Comments on Grounds of Objection

1. The double storey nature of the dwelling, change to existing neighbourhood character

     The double storey dwelling heights are of a human scale and the elements of the proposal accord with both the existing and preferred neighbourhood character. Whilst the development proposes a double storey built form in a predominantly single storey area, double and single storey dwellings have co-existed across much of the State for many years and are considered consistent with one another from a character perspective. Furthermore, the proposal is appropriately located within a General Residential Zone, where a diversity of housing types as well as housing growth are encouraged particularly in locations offering good access to services and transport.

2.  Increased local street traffic

The addition of one dwelling to the local street is not considered to result in an unreasonable amount of local street traffic. The street has been assessed as being capable of the additional load. In addition the proposal provides the required number of car parking spaces in accordance with the Whittlesea Planning Scheme.

3.  Overlooking

Whilst the plans depict the possibility of overlooking, this matter will be addressed via a condition on permit requiring all first floor windows facing the east, south and west boundaries to be screened with obscure glazing or have window sill heights of 1.7m in accordance with Standard B22 – Overlooking of Clause 55 – ResCode. 

4.  Overshadowing

The shadow diagrams (see Attachment 2) demonstrate compliance with ResCode and while concern was raised at the loss of solar access to neighbouring private open spaces, the shadow diagrams demonstrate that the shadows cast are unlikely to affect any existing secluded private open spaces in question.

5.  Street Setback

The submitted development plan (see Attachment 1) demonstrates compliance with Rescode requirements. The proposal is setback 8.1m from the street, which is greater than the average street setback of the abutting properties (8.1m and 7.5m respectively).

6.  The lack of available on-street car parking

The required number of car parking spaces for residents has been provided in accordance with Clause 52.06 (Car Parking) the Whittlesea Planning Scheme.  In addition, the proposal does not require additional cross overs to accommodate vehicle access to the site meaning the existing on-street parking will not be impacted.

7.  Noise

The noise generated by the proposed development is considered acceptable for a residential zoned area.  Please note: construction noise cannot be considered as part of the planning permit application process. Construction noise is enforced via councils’ local laws.

 

 

8.  Overdevelopment of the site

The proposal seeks to develop the land with two dwelling which have demonstrated significant compliance with the standards and objectives of ResCode, as such, the proposal is not considered an overdevelopment of the site.

9.  Property devaluation

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

Declarations of Conflicts of Interest

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

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

Conclusion

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

The proposal demonstrates a satisfactory level of compliance, subject to minor modifications.  It is considered that the proposal will not have a detrimental impact on the character of the neighbourhood and on existing surrounding residential properties. Accordingly, approval of the application is recommended.

 

Recommendation

THAT Council resolve to approve Planning Application No. 717900 and issue a Notice of Decision to Grant a Permit for Construction of two dwellings in accordance with the endorsed plans and subject to the following conditions:

Payments Required

1.       Prior to the endorsement of the plans required under Condition No. 2 of this Permit, the Permit Holder must pay to Council a contribution for drainage pursuant to Clause 45.06 of the Whittlesea Planning Scheme.  The drainage contribution will be subject to the Consumer Price Index (CPI) applicable at the time of payment.


Plans Required

2.       Before the development hereby permitted starts, one (1) digital copy 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 on 29 November 2018 by Contemporary Design Consultant, but modified to show:-

a)      All first floor windows facing  eastern, southern and western boundary to

        

         be screened with obscure glazing or windows sill heights of 1.7m in accordance with Standard B22 of Clause 55 of the Whittlesea Planning Scheme;

b)     A minimum of 25 square metres secluded private open space to dwelling 1 (with a minimum dimension of 3 metres);

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

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

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

f)       Schedule of external materials, finishes and colours.

3.       Concurrent with the endorsement of plans under Condition No. 2 and before the development hereby permitted commences, one (1) digital copy 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 Landscape Plan must show:-

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

(b)     The area or areas set aside for landscaping;

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

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

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

(f)      Appropriate irrigation systems;

(g)     The provision of canopy trees within the front and rear setbacks. 

Layout Not Altered

4.       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.

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

Landscaping

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

Actions Before Use Commences

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

 

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

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

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

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

11.     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.

12.     Upon completion of all buildings and works authorised by this Permit, the Permit Holder must notify the Responsible Authority of the satisfactory completion of the development and compliance with all relevant conditions.


Infrastructure

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

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

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

 

 

 

General Amenity – Construction Works

16.     Prior to commencement of any works, a Construction Management Plan must be submitted to and approved by the Responsible Authority.  The plan must include details in relation to:-

(a)     Vehicle access to the site;

(b)     Parking of construction vehicles; and

(c)     Storage of materials / goods.

17.     Prior to commencement of any works, the permit holder must contact Council’s Infrastructure Protection Unit on 9401 5532 to arrange a site inspection to ensure all requirements of the Construction Management Plan have been completed to the satisfaction of the Responsible Authority.

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

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

Permit Expiry

20.     In accordance with the Planning and Environment Act 1987, a permit for the development expires 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.

Notes

Advanced Trees

An advanced tree under this Permit shall generally constitute the following:-

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

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

 

 

 

Easements

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

Property Numbering

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

 

Dwelling 1          1/10 Karloo Close, Epping

Dwelling 2          2/10 Karloo Close, Epping

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

 


Ordinary Council Agenda                                                                                 Tuesday 5 March 2019

 

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Ordinary Council Agenda                                                                                              Tuesday 5 March 2019

 


 


 


 


 


 


 


 


Ordinary Council Agenda                                                                                              Tuesday 5 March 2019

 


Ordinary Council Agenda                                                                    Tuesday 5 March 2019

 

6.1.4      ASSEMBLIES OF COUNCIL REPORT - 5 MARCH 2019  

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Governance Officer   

 

recommendation summary

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

key facts and/or issues

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


 

Report

Background

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

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

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

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

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

Proposal

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

Assembly Details

Councillor attendees

Officer attendees

Matters discussed

Chief Executive Officer Employment Matters Advisory Committee Meeting

29 January 2019

Cr Cox

(Mayor)

Cr Alessi

Cr Monteleone

Cr Pavlidis

CEO

MG

1.     Confidential Item: Confirmation of the Minutes of CEMAC 17 December 2018

2.     Confidential Item: Victorian Equal Opportunity and Human Rights Commission matter

3.     Confidential Item: Worksafe Victoria report

4.     Meetings To Finalise CEO KPIs For 2019-2020

Nil disclosures

Councillor Briefing

29 January 2019

Cr Cox

(Mayor)

Cr Alessi

Cr Kozmevski

Cr Pavlidis

Cr Sterjova

CEO

DCS

DCRS

DCTP

DPPE

MG

1.     Confidential Item: 2019 Council Meetings – The Year Ahead

Nil disclosures

Councillor Briefing

31 January 2019

Cr Cox

(Mayor)

Cr Kozmevski

Cr Sterjova

CEO

DCS

DCRS

DCTP

DPPE

MCAP

TLCPI

1.     Council Plan 2017-2021 (Update) and Council Action Plan 2019/2020

Nil disclosures

The table below represents an Index of Officer titles:

Initials

Title of Officer

Initials

Title of Officer

CEO

Chief Executive Officer – Simon Overland

DPPE

Director Partnerships, Planning and Engagement – Liana Thompson

DCS

Director Community Services – Russell Hopkins

MCAP

Manager Corporate Accountability & Performance – Frank Joyce

DCRS

Director Corporate Services – Helen Sui

MG

Manager Governance – Michael Tonta

DCTP

Director City Transport and Presentation– Nick Mann

TLCPI

Team Leader Corporate Planning & Improvement – Robert Kisgen

Consultation

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

Financial Implications

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

Policy Strategy and Legislation

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

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

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

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

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Our Council monitors and evaluates all of its operations

Council Priority                             Organisational Sustainability

The provision of this report is in line with Whittlesea 2040 and the Council Plan by ensuring Council monitors and evaluates all of its operations.

Declarations of Conflicts of Interest

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

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

CONCLUSION

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

 

Recommendation

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

  


Ordinary Council Agenda                                                                    Tuesday 5 March 2019

 

6.2       Community Services

6.2.1      Contract No. 2014-192 Provision of HACC Delivered Meals Service Contract Extension

Attachments:                        1        Confidential Contract Variation Report HACC Delivered Meals Service - 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 Community Services

Author:                                  Senior Strategic Planner   

 

RECOMMENDATION SUMMARY

It is recommended that contract number 2014-192 for Provision of Home and Community Care (HACC) Delivered Meals Service is varied by $395,000 to a new contract sum of $2,290,424 and extended to 4 July 2020.

KEY FACTS AND / OR ISSUES

The contract manager advises that:

·    This contract was awarded to Moreland City Council Food Services for three years commencing 5 July 2015 with an option to extend for a further two one-year periods.

·    The contract was extended for a period of one year on 5 July 2018, and will expire on 4 July 2019.

·    The contract has been performed satisfactorily and extension options are available to
4 July 2020.

·    This report recommends a one year contract extension to 4 July 2020.

 

Report

Background and context

Whittlesea 2040: A Place for All and Council’s Positive Ageing Strategy 2016-2025 both seek to support our ageing population through ensuring that they have access to a range of health and wellbeing support when it is required. These services are to be accessible and responsive to the needs and aspirations of the community.       

In line with these important policy directions, Council provides delivered meals to almost 400 eligible clients to ensure that their daily nutritional needs are met. This equates to almost 24,000 meals per year delivered by Council volunteers.

Council delivers cooked, chilled and frozen meals to eligible clients as part of the Home and Community Care Program for Younger People (HACC PYP) and Commonwealth Home Support Program (CHSP). The service involves volunteer drivers delivering meals to clients’ homes. Most clients pay a Council fee of $9.45 per meal however this may be varied in circumstances of financial stress.

A contractor is currently engaged to prepare the meals, consisting of three courses plus juice. The contract requires meals to be prepared in accordance with HACC PYP and CHSP nutritional standards and food safety standards.

This Contract commenced 5 July 2015 with Moreland City Council Food Services, for the Provision of Delivered Meals Service to eligible clients of Council’s HACC Services.  The contract provided for an option to extend the initial three year period for a further two one-year periods at Council’s sole discretion.

VARIATION AND/or EXTENSION

The current contractor provides a high quality service to Council; has a proven track record of delivering high quality meals at a competitive price which our clients rate very well.  It is very responsive and willing to develop new ways of doing things and has met or exceeded all performance indicators.

As such an extension of the contract is sought for a further 12 month period.

A variation of $395,000 is required for the one-year extension. Further details of the requested variation are provided in the confidential attachment.

The contractor’s prices have been checked and are considered competitive and it is recommended to extend the contract term to 4 July 2020.

Links to WHITTLESEA 2040 AND the CoUNCIL Plan

Whittlesea 2040 Goal                    Connected community

Whittlesea 2040 Key Direction     A healthy and safe community

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

Council Priority                             Health and Wellbeing

The current service model of delivering meals to the homes of eligible clients and the Social Support Group ensures that residents who have been assessed as being at nutritional risk are able to receive high quality meals.

By providing delivered meals to residents, Council ensures that the health and wellbeing of its eligible residents are supported by an easily accessible, efficient and safe meals service.

Further, the provision of delivered meals affords a flow on effect of our volunteers being provided with the opportunity to remain physically and socially active and to make connections throughout the community.

Declarations of Conflicts of Interest

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

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

CONCLUSION

The Variation and extension of the contract is sought in accordance with the contract’s terms and conditions and Council’s applicable policy and procedures. The provision of home delivered meals contributes to the nutritional and social wellbeing of eligible residents and assists them in retaining their independence.

 

Recommendation

THAT Council resolve, in relation to Contract No. 2014-192, for Provision of HACC Delivered Meals Service to:

1.       Approve a variation of $395,000 (excluding GST) making a revised contract sum of $2,290,424 (excluding GST).

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

3.       Approve extension of the contract end date to 4 July 2020.

 


Ordinary Council Agenda                                                                    Tuesday 5 March 2019

 

6.2.2      Community Events Funding Program 

Responsible Officer:           Director Community Services

Author:                                  Manager Community Cultural Development   

 

RECOMMENDATION SUMMARY

Council introduce a competitive Community Events Funding Program to support outdoor community cultural events.

KEY FACTS AND / OR ISSUES

·    Council’s current provision of grants to community event organisers and the cultural heritage program does not comply with Council’s Grants Policy which requires that grants are transparent, equitable, inclusive and efficient

·    There is no clear or transparent process for event organisers to seek funding support from Council for community managed outdoor events

·    Council’s current funding programs do not meet the requirements of a variety of outdoor community event organisers or address the increase in demand for affordable and local events and activities

·    The introduction of a Community Events Funding Program and an increase in the Cultural Heritage Grants is recommended as a transparent and equitable response to the increase in demand for local and affordable events and activities as identified through Whittlesea 2040 consultations.

 

 

 

 

Report

Background

The City of Whittlesea provides funding and in-kind support to cultural events managed by community groups through its event funding and cultural heritage grant categories. The Audit and Risk Committee reviewed these grant categories and  found  that they did not comply with the requirements outlined in the Grants Policy and Grants Administration Guidelines and recommended that the documentation and administration be streamlined and  that a report be prepared  to propose the establishment of a competitive community events grant.

Council support of community managed events contributes to the community vision outlined in W2040: Whittlesea A Place for All. Consultation conducted for W2040 revealed a strong desire for family friendly and affordable events that are a celebration and bring our community together.

The City of Whittlesea Festivals and Events Policy and Plan adopted by Council at its meeting of 15 July 2014 articulates Council’s commitment to outdoor festivals and events and supports the Connected Community, Liveable Neighbourhoods and Strong Local Economy goals of W2040.

In most cases Council is best placed to manage large public events (i.e. events attracting over 10,000 people) because it has the expertise and resources to ensure they are successful and safe. It is not considered feasible for Council to increase the number of festivals and events it manages directly without extra resources, nor is it desirable. Community building outcomes can best be achieved through Council facilitating the community to deliver events that they propose and design, enabling communities themselves to build local connections, pride and belonging.

The proposal to establish a Community Events Funding Program would position Council to respond to the increase in demand and provide a flexible process to be responsive to a changing and growing community.

Scope

There are many types of festivals and events that take place in the City of Whittlesea. This report focuses on cultural events that are supported through the events funding and cultural heritage funding programs.

Cultural events are gatherings that celebrate and showcase our diverse communities. These events may be general such as the Whittlesea Community Festival or they may focus on communities of interest. Cultural events are defined as events that:

·    celebrate and/or profile communities in general, inclusive of Aboriginal communities and diverse cultures and ethnicities

·    can be themed to celebrate and promote the arts, culture and cultural heritage, and/or

·    celebrate days of cultural significance.

ISSUES and TRENDS

The Community Events Funding Program is proposed as a strategic response to the following issues:

An increase in demand for events and community expectation. The increase in demand can be attributed to population growth and the expressed desire for local and affordable activities that bring people together, break down barriers and build community.

The funding options currently provided by Council do not meet the requirements of community event organisers. There are currently three funding streams available to community event organisers, these are:

·    Community Grants: This grant category does not explicitly offer funding to outdoor events and does not allow recurrent funding.

·    Community Event Grants: Grants in this category are currently awarded directly to the same recipients annually. There is no mechanism to review these allocations and no capacity for new groups to apply for funding in this category.

·    Cultural Heritage Grants: These are targeted competitive grants. The small amounts available (up to $2,000) limits its reach. An increase to the amount in this category would consider applications from the whole community for cultural heritage activities as well as support annual celebration of days of significance and the continuance of cultural traditions for diverse communities. This category includes both indoor and outdoor events and projects.

Benefits of Festivals and Events

Festivals and events are an effective tool in strengthening communities by breaking down barriers, bringing people together and creating local networks and opportunities for exchange. They provide opportunities for people to volunteer and learn new skills and they establish a place for communities to share local knowledge and introduce new ideas and ways of doing things. Events generate pride of place by showcasing and celebrating the strengths and diversity of a community, and importantly events support the local economy by engaging and promoting local businesses and through flow-on effects and tourism.

FUNDING CATEGORIES

The following section lists the dollar amounts available according to category.  Category one and two are proposed as new categories. Categories three and four describe funding that is currently offered by Council.

Category One

Amounts up to $2,000 would be available to support small neighbourhood gatherings such as BBQ’s, street parties or community gatherings in parks. This category would support outcomes that build local connections and sense of belonging by profiling and celebrating local communities. As a guide category one would support events that attract between 100 and 1,500 people. Category one would be offered twice per annum, in an open competitive funding round.

Category Two

Amounts up to $20,000 to support events that attract between 1,500 – 4,000 people. Category two would be offered once per annum in an open competitive funding round.

Successful applicants in these two categories may seek funding in subsequent years for a maximum of up to three years in total. This would only be considered for applicants that demonstrate capacity to deliver events that are safe and successful and where recurrent funding would build capacity of the event organisers to improve and develop their skills while seeking avenues to become self-sustaining.

 

 

Category Three

Direct Funding: non-competitive. Currently Council provides direct funding and resource support to a number of community managed events, as follows:

·    $70,000 to the Whittlesea Country Music Festival. Attendance approx. 4,000 - 7,000 people

·    $14,146 (grant and in-kind) to Hawkstowe Music. Attendance approx. 500 people

·    Up to $4,200 to Kids Art in the Park (in-kind). Attendance approx. 500 people

·    $1,000 to La Festa San Donato. Attendance approx. 400 people

·    $1,000 to the Greek Orthodox Parish of the Transfiguration of Our Lord. Attendance unknown

·    $10,000 to the Fasolatha Festival. Attendance approx. 550

·    $9,000 to the Epping RSL Anzac Day event (Council endorsed 26 June 2018 for three years). Attendance approx. 4,000 people.

(Amounts are GST exclusive)

Category three would only be required should Council determine to continue to provide direct funding to these event organisers. Events that receive direct funding through category three would be presented to Council for review every three years.

Category Four: Cultural Heritage Grants

Council currently allocates a total pool of $6,000 to the Cultural Heritage Grants. Amounts up to $2,000 are allocated to groups to undertake activities that promote and celebrate the rich cultural heritage of Whittlesea. On average 35 events per annum are promoted through the program, approximately 12 events receive funding each year. Category four supports events as well as projects and programs.

The Cultural Heritage Program Funding has the capacity to expand in order to facilitate the continuance of cultural traditions by supporting annual days of significance for different faiths and cultures.

OPTIONS

The following section offers three different options for structuring the grants program.

Option One proposes no change to the current funding program. It will continue to provide direct funding to the current recipients in category three.  It does not make provision to offer funding to new events in the municipality.

Category four, the Cultural Heritage Program Funding also remains the same.

Option one maintains the current annual allocation of $115,346 to these funding streams and does not require additional resources.

Option Two proposes maintaining direct funding to the current recipients as described in category three above plus an additional allocation of $66,000 per annum to introduce the two new funding categories one and two.

In addition option two proposes an increase of $6,000 to the Cultural Heritage Grants. 

Option two would enable Council to continue supporting the current recipients while providing additional funding for new events. Option two requires an additional allocation of $66,000 bringing the total annual allocation to these funding streams to $181,346.

Option Three proposes that no current recipients will be guaranteed ongoing funding, and will be expected to make applications through a competitive process each year. The Epping RSL would be the exception, as Council has resolved to support the Epping RSL for a period of three years ending 2020/21 financial year, after which time this allocation will be reviewed.

Option three maintains the current annual allocation of approx. $115,000 to these funding streams and does not require additional resources. Funding would be allocated as follows:

Cultural Heritage Program Grants:                                  $20,000

Epping RSL:                                                                     $ 9,000 (until 20/21)

Category One and Category Two events:                       $86,000

TOTAL:                                                                            $115,000

The City of Whittlesea Grants Policy commits to ensuring all of Council’s grants to the community are transparent, equitable, inclusive and efficient. The current provision of direct funding does not conform with these principles and there is no provision to review funding to these groups should they not meet their funding requirements, or opportunity to invite other groups to seek funding support for events. Option three addresses these issues and is therefore the preferred option. Option three recommends:

·    Establishment of an open-competitive Community Events Funding Program that supports outdoor community cultural events and increases the amount available through the cultural heritage program with a total funding pool of $106,000; and

·    Continued support to the Epping RSL of $9,000 per annum until 20/21, as per Council resolution at its meeting on 26 June 2018, after which time this amount would reviewed.

In addition to ensuring transparency and equity as required by Council’s Grants Policy and Guidelines, option three will open up the funding opportunities to a wider segment of the community and establish a transparent assessment of funding applications. Option three will support local events and cultural heritage programs that build connections and community and contribute to pride of place and belonging.  These activities will also contribute to the local economy and encourage local tourism and address the increase in demand for more local events and activities. Option three recommends a changed funding program that is cost neutral to Council.

Consultation

A meeting held on Monday 18 February, 2019 invited all current recipients of the Event Support, Event Partnership and the Cultural Heritage Funding Programs to discuss the proposed changes to the administration of these grants.

The consultation informed grant recipients about Council’s intention to align administration of all grants with Council’s Grants Policy; discussed their events and the nature of support they require to transition through proposed changes to the funding program and how to ensure the grant application and acquittal process is accessible. Those in attendance were appreciative of the opportunity to hear about and discuss the proposed changes.

Critical Dates

The outcome of Council’s decision will come into effect for the 2019/20 financial year.

Financial Implications

In total $115,346 is allocated in the 18/19 financial year.

Option one provides for the status quo and has no financial impact beyond the existing recurrent allocation of $115,346.

Option two proposes an additional allocation of $66,000 per annum, with a total recurrent allocation of $181,346.

Option three has no financial impact and utilises the recurrent allocation of $115,000.

Policy strategy and legislation

This proposal responds directly to Goal One: Connected Community of Whittlesea 2040 and the key directions of a socially cohesive community, a healthy and safe community and a participating community.

The proposal also sits under Action 1.4 of Council’s Festivals and Events Plan – to explore synergies and opportunities of the current program of events to ensure they are responsive to evolving community need and Action 2.4 – to explore the feasibility of an annual funding round to support community run events.

In addition, the City of Whittlesea Grants Policy adopted 21 November 2017 commits Council to transparent, accountable, inclusive and equitable distribution of Council resources and the management of all applications and requests for funding.

 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Connected community

Whittlesea 2040 Key Direction     A socially cohesive community

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

Council Priority                             Health and Wellbeing

 

Declarations of Conflicts of Interest

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

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

Conclusion

Council’s current provision of grants to community event organisers and the cultural heritage program does not comply with Council’s Grants Policy which requires that grants are transparent, equitable, inclusive and efficient.  In addition there is no clear mechanism by which community event organisers can seek funding support from Council and the current funding streams do not adequately meet the requirements of outdoor community cultural event organisers.

The introduction of a funding program that is tailored to the needs of community event organisers will be listed as a category within Council’s grants offerings and will conform to Council’s Grants Policy and Guidelines. Most importantly the community events funding program will address the community’s expressed desire for more local and affordable activities and events and these will make a significant contribution to sustainable social, cultural and economic outcomes for the City.

Option three is the preferred proposal for a Community Events Funding Program and is a significant next step towards positioning the City of Whittlesea as a vibrant and exciting place to live, work and play and to realising the vision of Whittlesea 2040 as a place for all.

 

RECOMMENDATION

THAT Council resolve to:

1.       Introduce a Community Events Funding Program incorporating;

a)      Applications to be received and assessed through an open competitive, annual funding round

b)      A budget of $115,000 per annum to be allocated as follows:

i)       Category One events: $30,000

ii)      Category Two events: $56,000

iii)     Epping RSL: $9,000 per annum ending 2020/21 financial year

iv)     Cultural Heritage Program: $20,000

 

  


Ordinary Council Agenda                                                                    Tuesday 5 March 2019

 

6.3       City Transport and Presentation

6.3.1      Norris Bank Reserve Park and Playground Upgrade Tender Evaluation for Contract 2018-87

Attachments:                        1        Contract: 2018-87 Norris Bank Reserve Park and Playground - 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:                                  Parks & Open Space Projects Officer   

RECOMMENDATION SUMMARY

This report summarises the evaluation of tenders received for Norris Bank Reserve Park and Playground Upgrade works under Contract No. 2018-87.

It is recommended that contract number 2018-87 for Norris Bank Reserve Park and Playground Upgrade:

·    is awarded to Regal Innovations

·    for the lump sum price of $1,599,002.00 (excl. GST)

KEY FACTS AND / OR ISSUES

The tender evaluation panel advises that:

·    Norris Bank Reserve is one of four major community parks in Council’s Open Space Strategy;

·    The works are part of the staged delivery of upgrades under the approved Master Plan endorsed by Council in October 2017;

·    Five tenders were received;

·    The recommended tender is the highest ranked and considered the best value based on being the most competitive tender price, and demonstrating the ability to deliver the works to the required standard and within Council’s timeframe requirements.

 

Report

Background

The purpose of this contract is to undertake park and playground upgrade works at Norris Bank Reserve involving supply and installation of play equipment, a custom water play element, scooter track, ‘Changing Places’ amenities block (an enhanced public amenity facility for people with a disability), bbq and picnic facilities, paths and landscaping.

Tenders for the contract closed on 28 November 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 & 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

25%

Capacity

15%

Impact

10%

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 - Regal Innovations

Yes

Yes

84.5

1

Tenderer B

Yes

Yes

72.6

3

Tenderer C

Yes

Yes

68.7

5

Tenderer D

Yes

Yes

71.4

4

Tenderer E

Yes

Yes

76.1

2

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

 

Links to WHITTLESEA 2040 AND the CoUNCIL Plan

Whittlesea 2040 Goal                      Enabling the vision

Whittlesea 2040 Key Direction       Making it happen

Strategic Objective                          Our Council explores and adopts best practice    models

Council Priority                                Organisational Sustainability

Upgrading the park and playground at Norris Bank Reserve is part of the staged delivery of works under the adopted Master Plan for the site. The project will provide a significant improvement to both the passive and active community facilities within the Reserve, with best practice playground design incorporated along with provision for all abilities amenities and access.

 

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 Regal Innovations 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 Regal Innovations for the sum of $1,599,002.00 (excluding GST) for the following contract:

Number:    2018-87

Title:          Norris Bank Reserve Park and Playground Upgrade

subject to the following conditions:

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

b)    Tenderer to provide contract security as required in the tender documents;

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

3.         Sign and seal the Contract documents.

 

 


Ordinary Council Agenda                                                                    Tuesday 5 March 2019

 

6.3.2      Bushland Works contract extension 2017-101

Attachments:                        1        Contract Variation Report - Confidential 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:           Manager Parks & Urban Design

Author:                                  Conservation Contracts Coordinator    

 

RECOMMENDATION SUMMARY

It is recommended that contract number 2017-101 for Bushland Works:

·    is varied by $760,000 (excl. GST);

·    to a new contract sum of $1,360,000 (excl. GST), and

·    is extended to 30 November 2019.

 

KEY FACTS AND / OR ISSUES

The contract manager advises that:

·    the current contract arrangement was developed to bridge the transition into a new long term lump sum contract.

·    in order to incorporate a new procurement approach to the development of this new contract, a variation and extension is required to this existing Schedule of Rates contract.

·    this contract was awarded to two service providers, Habitat Land Management and Naturelinks Landscape Management.

·    the contract has performed satisfactorily and extension options are available to 30 April  2020.

·    an extension is required for a period of seven months to 30 November 2019.

 

Report

Background

This contract was awarded to Habitat Land Management (2017-101A) and Naturelinks Landscape Management (2017-101B). A summary of the financial performance of the contract is provided in the confidential attachment.

The contract commenced on 12 March 2018 and the current approved end date is 30 April 2019.  Options exist to extend the contract up to 12 months.

VARIATION AND EXTENSION

The current contract arrangement was developed to bridge the transition into a new and improved long-term service contract in line with recommendations arising from recent service reviews. This is expected to result in a unique conservation contract with a focus on maintenance and biodiversity and it requires additional preparation time.

Commencement of the proposed new contract was originally anticipated to be on 1 April 2019.  In the interim a new procurement approach was applied to the tender of Council’s major Parks & Open Space management contract.  As that approach was highly successful it was decided to apply the same learnings to the re-tender of the Bushland Works contract. 

An extension to 30 November 2019 will be sufficient to incorporate all the required specification and procurement process improvements and to ensure service continuity through spring 2019.

During the term of the current contract it was noted that the two service providers on the panel could provide best value services that were usually procured separately by Council’s Waste Management and Sustainability Planning teams.  These additional orders have led to greater expenditure than was anticipated.

On 1 April 2019 a total of 27 reserves will be managed under this contract which were previously maintained under Citywide’s Parks & Open Space Management contract.  On 14 August 2019 another 14 Developer Offset Conservation Reserves from the Aurora Estate are due for handover to Council and will also be managed under this contract. 

The contractors’ prices have been checked and the contract has performed satisfactorily.  Variations totalling $760,000 are required for the contract extension to 30 November 2019 and for provision of the additional services.  Please refer to the confidential attachment for further details.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                       Sustainable environment

Whittlesea 2040 Key Direction        Valued natural landscapes and biodiversity

Strategic Objective                        We maintain and improve rural land health and protect native flora and fauna

Council Priority                                 Environmental Sustainability

The contract will help maintain the health of conservation reserves throughout the municipality by managing threatened flora and fauna species, pest plants and animals and ensure Council meets associated legal obligations.

 

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. 2017-101, for Bushland Works to:

1.       Approve a variation of $760,000 (excluding GST) making a revised contract sum of $1,360,000 (excluding GST).

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

3.       Approve extension of the contract end date to 30 November 2019.

 

 

 


Ordinary Council Agenda                                                                    Tuesday 5 March 2019

 

6.3.3      Growling Frog Golf Course Lease Award

Attachments:                        1        Tender Evaluation 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:                                  Leisure Contracts Coordinator   

 

RECOMMENDATION SUMMARY

It is recommended that the lease to manage and maintain the Growling Frog Golf Course;

·    is awarded to Golf Services Management

·    for a guaranteed maximum deficit of $1,456,348 (excl. GST) over 5 years

·    for a term from 1 July 2019 to 30 June 2024 with an extension option up to 30 June 2029.

KEY FACTS AND / OR ISSUES

·    A review of the Growling Frog Golf Course (GFGC) operating model (completed in 2017), found that it was underperforming, primarily due to the ineffective operating structure, higher cost of Council wages and the lack of marketing;

·    After considering seven possible options for the future of the GFGC at its 6 March 2018 meeting, Council determined to seek expressions of interest for a long-term lease of the course, with the objective of improving the financial performance of the venue while maintaining existing community access;

·    Council Officers undertook an expression of interest process for the lease of the GFGC from 30 July 2018 to 10 October 2018;

·    Six proposals were submitted, with varying lease terms up to 10 years, with varying profit share, risk and operational arrangements. Three proponents were shortlisted to respond to a lease specification so that formal offers could be considered;

·    The current Contract 2017-144 – Maintenance of the Growling Frog Golf Course is required to be extended to align with the lease commencement date.

Report

Background

During 2017, a review of the GFGC was undertaken and a range of operating models were developed. The review found that the course was underperforming, primarily due to the ineffective operating structure, higher cost of Council wages and the lack of marketing.

Council invested $815,562 in the 2017/18 financial year to maintain the course, manage community access, and manage the dining area. The review identified seven possible options for the future of the course.

After considering these options at its 6 March 2018 meeting, Council resolved to seek expressions of interest (EOI) from third parties for a long-term lease of the GFGC.

The option of selling the course was discounted due to the significant investment made to date and the likely poor sale value, combined with the lack of ability to ensure that future owners would operate the land as a golf course for the public.

Council’s decision to seek interest from third parties to manage and operate the GFGC under a long-term lease was centred around the objectives of maintaining ownership of the asset, continuing to provide Whittlesea residents with a quality public golf course and minimising Council’s subsidisation.

An Expression of Interest (EOI) for leasing the course was advertised from 30 July 2018 to 10 October 2018 that reached golf management organisations across Australia and a multitude of commercial operators via strategically placed advertisements.

The purpose of the EOI was to test the opportunity to enter into a long-term lease (up to 30 years), coupled with development options to support other uses at the course, considering existing zone restrictions (e.g. conference centres, accommodation).

Following the initial ten week advertising period, six submissions were received from golf course operators. All respondents offered an arrangement requiring Council to continue to subsidise golf course operations to varying degrees.  Each submission had varying degrees of risk for Council and a range of conceptual proposals for golf related developments.

Three shortlisted proponents were invited to respond to a lease specification for a ten year term.  The specification included requirements for maintaining and operating all aspects of the venue, retaining or improving the course condition and continuing public access arrangements.  Council will continue to be responsible for the maintenance of identified bushland areas and building asset renewals.

EVALUATION

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

All submissions received were evaluated in accordance with the below criteria.  The evaluation involved scoring of conforming and competitive submissions according to these pre-determined criteria and weightings:

Criteria

Weighting

Price

45%

Capability

20%

Capacity

15%

Criteria

Weighting

Impact

20%

The best value proposal was provided by Golf Services Management (GSM), on the basis that it offers Council the best commercial terms and committed to maintaining a quality golf course condition.

The evaluation outcome was as follows:

TENDERER

SHORTLISTED

CONFORMING

COMPETITIVE

SCORE

RANK

Golf Services Management

YES

Yes

Yes

90

1

EOI B

YES

Yes

Yes

69.2

2

EOI C

YES

Yes

No

NA

NA

EOI D

NO

No

NA

NA

NA

EOI E

NO

No

NA

NA

NA

EOI F

NO

No

NA

NA

NA

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

VARIATION TO CONTRACT 2017-144 – MAINTENANCE OF THE GROWLING FROG GOLF COURSE

The latest contract term for maintaining the course commenced on 1 April 2018 and the current approved end date is 31 March 2019. Options exist to extend the contract up to 31 March 2021.

The contract has been performed satisfactorily however a variation of up to $294,500 is now required for the extension of the contract to align with the proposed new lease commencement date (as per an agreed lease transition plan). Further details of the requested variation are provided in the confidential attachment.

Links to WHITTLESEA 2040 AND the CoUNCIL Plan

Whittlesea 2040 Goal                    Connected community

Whittlesea 2040 Key Direction     A healthy and safe community

Strategic Objective                        There is a focus on preventative approaches to health issues and health policy

Council Priority                             Health and Wellbeing

The continued provision of golf within the Municipality supports health and wellbeing outcomes for a cohort of residents.

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 GSM submission is the most beneficial lease proposal received. The proposed arrangement reduces Council course operating investment, maintains course condition and community access arrangements and seeks to increase patronage through improved marketing.

Recommendation

THAT Council resolve to:

 

1.         Accept the lease offer submitted by GSM for the guaranteed maximum deficit of $1,456.348 (excluding GST) for the following lease:

 

Title:          Management and Maintenance of the Growling Frog Golf Course

 

Term:         1 July 2019 to 30 June 2024

 

Options:    Term extensions up to 30 June 2029 (only to be exercised if separately approved by Council)

 

subject to the following conditions:

 

a)      Lessee to provide proof of currency of insurance cover as required in the lease documents.

 

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

 

c)      Outcomes of the ‘intention to lease’ process.

 

d)      Lease commencement to align with agreed transition plan.

 

2.         Invite public submissions in accordance with Section 190 and 223 of the Local Government Act 1989, of its intentions to lease the land located at 1940 Donnybrook Road Yan Yean ('Growling Frog Golf Course'), to GSM.  The lease will be drawn under the following terms and conditions –

a)      The Tenant will be offered a lease for an initial period of five years with one further term of five years (offered at Council's discretion).

b)      Council will accept the lease offer submitted by GSM for the guaranteed maximum deficit of $1,456.348 (excluding GST) for the full five year lease term.

c)      Council will exercise a review of the guaranteed maximum deficit/profit margins prior to the expiry of the initial term.

3.         Establish an advisory Committee of Council comprising of North Ward Councillors, to consider any written submissions received on the proposal and make recommendations to Council on any such submissions.

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

5.         Receive a further report on the proposed lease following the close of the submission period.

 

6.         In relation to Contract No. 2017-144, for the Maintenance of the Growling Frog Golf Course to:

a)      Approve a variation of up to $294,500 (excluding GST) making a revised contract sum of $1,001,300 (excluding GST).

b)      Approve the funding arrangements detailed in the confidential attachment.

c)      Approve an extension of the contract up to 30 August 2019.

 

 


Ordinary Council Agenda                                                                    Tuesday 5 March 2019

 

6.3.4      Routine Maintenance of the VicRoads Arterial Roads (excluding Freeways) - Service Contract Extension

Attachments:                        1        Routine Maintenance of the VicRoads Arterial Roads (excluding Freeways) - Service Contract Extension   

Responsible Officer:           Director City Transport & Presentation

Author:                                  Manager City Presentation    

 

RECOMMENDATION SUMMARY

It is recommended that Council continue to maintain arterial roads on behalf of VicRoads under VR Contract No 8860 – Routine Maintenance of Arterial Roads (excepting Freeways) throughout the City of Whittlesea for a further two years commencing on 1 July 2019.

KEY FACTS AND / OR ISSUES

·    Council has been contracted to VicRoads (VR) to carry out the Routine Maintenance of the VR Arterial Roads (excluding Freeways) located within the municipality since the 1990’s.

·    The level of service provided through this contract by Council exceeds what would otherwise be provided by VicRoads.

·    Council contributes $463,000 per annum to deliver this higher level of service. The level of maintenance provided at these sites has an impact on the delivery and perceptions of the city.

·    Whittlesea receives on average a two point higher rating for the appearance of public areas than other interface Councils.

 

Report

Background

Council has been contracted by VicRoads to carry out the Routine Maintenance of the VR Arterial Roads (excluding Freeways) located within the municipality since the 1990’s. Since this time, Council has continued to provide these services over a series of back to back contract arrangements.

The contract requires Council to undertake road inspection and maintenance works for the roads within the municipality managed by VicRoads. The sites covered within the maintenance contract include the municipality’s gateway entrances and major arterial roads including Cooper Street, Plenty Road, High Street, Whittlesea-Yea Road and Epping Road. These roads carry a significant amount of vehicles on a daily basis, so the level of maintenance provided at these sites has an impact on the delivery and perceptions of the city.

Council utilises both its outdoor road and asset maintenance workforce augmented by some of its contractor to perform the tasks required under the contract. These tasks include:

·        Road Asset Inspections in accordance with VicRoads Road Management Plan requirement

·        Asphalt patching of hazards identified both through these inspections and through customer service enquiries

·        Repair of road maintenance infrastructure and signage (not including vehicle guard rail)

·        Manual litter collection, street sweeping and drainage clearing

·        Mowing of centre medians and associated road reserve areas

In 2017/18 VicRoads paid Council $660,000 to provide the services under the contract in accordance with the terms and conditions of the contract. The fee paid by VicRoads covers the costs incurred by Council in undertaking these tasks.

Traditionally, Council has sought to deliver a level of service higher than that provided under the VicRoads specification. This has been undertaken on the understanding that the standard detailed within the contract does not meet the service expectation of the community or the service levels provided to the road areas managed by Council within the rest of the municipality. This extra level of service is provided through the provision of extra:

·        Street sweeping (every Saturday instead of one Saturday per month as specified within the contract)

·        Manual Litter Collection (2 days per week instead of 2 days per fortnight)

·        Mowing of Medians (26 times per year compared to 8)

The costs of these additional servicing will amount to approximately $460,000 per annum in 2018/19. Council has traditionally sought to maintain the responsibility for providing maintenance on behalf of VicRoads due to the fundamental impact that the appearance of these main roads has on the aesthetic appearance of the municipality. In doing so, it has provided a level of service above the base service level required under the maintenance contract. 

VicRoads have been traditionally slow in providing timely advice on the future contract requirements upon the expiry of these existing arrangements. This has occurred with the recent proposed new arrangement for a further three x one year terms commencing 1 July 2018. Given the short period of time VicRoads provided Council to deliberate this new contract, officers entered the contract for the first of these terms.

Proposal

Officers considered the operational, financial, contractual and community service implications associated with the ongoing provision of these services to VicRoads over the remaining two years of the service contract offer. Three options present for consideration relating to the provision of on-going services.  These included:

1.       The option to continue on business as usual utilising in house resources.

2.       The option to provide the base line service specified within the VR contract utilising in house resources.

3.       The option to stop providing services to VicRoads and allow for their contract service provider to provide a base line service.

The relative implications that arise from each of these options are detailed within attachment 1 of this report.

Officers concluded that Option 1 provided the best value approach on the basis that it would result in a level of landscape and amenity maintenance of the city’s roads that is consistent with the level provided to other non VicRoads maintenance sites. This level of maintenance exceeds the level of presentation that would be achieved in the roads that were maintained to VicRoads standards (either by Council, or by VicRoads). This level of presentation is valued by the community and continues to provide a positive identity for the municipality. This is demonstrated, in part, through the results obtained by Council within the Local Government Community Satisfaction Survey, in which Whittlesea has received on average a two point higher rating for the appearance of public areas when compared to other interface Councils, who are serviced by VicRoads contractors. 

Additionally, there are some operational benefits of proceeding with option 1, which include:

·        Provision of a second asphalt patching truck (Council currently operates a truck from each of its two depots) which allows for a geographic division of works (north and south regions of the municipality).  This is viewed by operational staff as the only practical way of servicing the operational needs for the maintenance of Council roads.

·        Potential re-allocation of resources that are otherwise deployed on VicRoads related maintenance tasks to be allocated to Council related maintenance tasks for incidents that may occur such as storm damage, emergency management response, and priority maintenance tasks.

·        An on-going operational association with VicRoads providing operational staff the capacity to advocate for / prioritise maintenance activity tasks on VicRoads road areas in accordance with known community priorities (for example, in 2016/17 officers were successful in obtaining $135,000 in un-allocated VicRoads capital funding for pavement maintenance repair works within High Street, Epping and Edgar’s Road, Thomastown).

Entering into the final two years of the contract does not preclude the option of providing a “base-line” service. Council can make this deliberation at any time during the contract period if it chooses to do so. The extension period will also allow Council to test the service standard to be applied in future arrangements.

The extension of this contract beyond the next two years is uncertain as different maintenance arrangements may be estimated through the Northern Suburban Road Upgrade package.

Consultation

Officers have consulted with VicRoads to clarify contractual aspects of the proposed maintenance contract. This has resulted in amendments to the contract proposal to include:

·        The removal of the clauses within the contract relating to tree maintenance within road reserves. This clause was viewed as presenting an unacceptable level of risk to Council.

·        An annual increase of $35,000 in the proposed contract amount, which increases the annual payment amount to $695,000 (which aligns with the cost estimation for the provision of services to a VicRoads standard).

Critical Dates

Any decision to cease to provide these services would have budget and operational implications.  In order to address these issues it is prudent for Council to deliberate on this matter in March 2019, to allow the inclusion of proposed amendments to the 2019/20 Council budget.

Financial Implications

As of 2018/19 Council received $695,000 per annum to undertake the works required under the contract. This amount is offset by the operational costs associated with providing the maintenance services required under the maintenance agreement. Any decision to not proceed with the provision of these services to VicRoads would result in a loss of this income which could be offset through commensurate reductions in staff and equipment.

Council contributes an additional $463,000 per annum to enable higher maintenance service levels along the cities arterial roads. If Council was to commit to a two year contract extension, officers intend to fine tune the current maintenance program, to ensure that the optimal level of activity is undertaken to meet community expectations of a well-presented city.  

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Efficient and effective Council services are responsive to community need

Council Priority                             Organisational Sustainability

 

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

Extending the Routine Maintenance of the VR Arterial Roads (excluding Freeways) contract arrangement will result in the continued provision of high quality presentation and maintenance of the city’s arterial roads.

Entering into the final two years of the contract does not preclude the option of providing a “base-line” service. Council can make this deliberation at any time during the contract period if it chooses to do so.

 

RECOMMENDATION

THAT Council resolve to continue to maintain arterial roads on behalf of VicRoads under VR Contract No 8860 – Routine Maintenance of Arterial Roads (excepting Freeways) throughout the City of Whittlesea for a further two years commencing on 1 July 2019.

 

 


Ordinary Council Agenda                                                                                 Tuesday 5 March 2019

 

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Ordinary Council Agenda                                                                    Tuesday 5 March 2019

 

6.4       Corporate Services

6.4.1      Contract 2014-190 Temporary Agency Staff Management System - Contract extension

Attachments:                        1        2014-190 Contract Financials - 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 Corporate Services

Author:                                  Team Leader Human Resources    

 

RECOMMENDATION SUMMARY

It is recommended that contract number 2014-190 for Temporary Agency Staff Management System with Comensura Pty Ltd (Comensura):

·    Is varied by $1,500,000 (excluding GST)

·    Becomes a new contract sum of $10,000,000 (excluding GST)

·    Is extended by one year to 30 April 2020.

KEY FACTS AND / OR ISSUES

The contract manager advises that:

·    This contract was awarded to Comensura on 14 April 2015 and commenced operation on 1 May 2015 for a period of one year, with the option to extend for five years.  The Term of Agreement was extended by one year in April 2016 and a further two years in April 2017.

·    The contractor has performed satisfactorily and extension options are available to 30 April 2021.

·    The contract should be extended for a period of one year to 30 April 2020 based on satisfactory performance.

 

Report

Background

This contract was awarded to Comensura on 14 April 2015.  A summary of the financial performance of the contract is provided in the confidential attachment.

The contract commenced on 1 May 2015 and the current approved end date is 30 April 2019.  Options exist to extend the contract up to 30 April 2021. 

Agency staff are used predominantly to cover unplanned staff absence or to meet short term needs, often for critical service delivery areas.  Agency staff may be engaged:

·    For ad hoc requirements (eg catering, functions, events)

·    To address unexpected absences (eg sick leave) for critical service areas such as Aged and Disability Services, Local Laws, manual litter collection

·    For short term requirements (eg. backfilling a key position whilst recruitment action is undertaken)

·    To assist with short term project work.

In the City Presentation Department, there has been a practice of engaging contract labour hire for longer terms.  Approximately 20 FTEs (full time equivalent) are budgeted for this purpose.

Contract 2014-190 provides administrative efficiencies and cost saving in managing contract staff.  Comensura provides further value by:

·    Proven cost savings of 5% - 8% due to lower margin in agency management fee

·    Coordinating searches for candidates and assisting with shortlisting and referral

·    Ensuring compliance with set rates, qualification of candidates, insurance, etc.

·    Providing a single online system for time management and billing

·    Offering consolidated invoices

·    Providing quarterly reports outlining contract spend, contract analysis and savings achieved when compared with the rates paid by Council under the previous PA contract

·    No temporary to permanent placement fees after agency staff have had a continuous assignment of 14 weeks with Comensura.

Overall savings for this contract have been significant.  In the 2016/17 financial year, total savings were $82,252 (7.8%) and for the 2017/18 period total savings were $185,149 (7.5%). 

Savings in 2017/18 increased due to the engagement of temporary outdoor staff through Comensura.  Prior to 3 July 2017, outdoor staff were engaged directly with Hoban and Horner at significantly higher margins. 

A one year extension is requested, during which time, the current contract for Comensura will be reviewed against the Mutual Vendor Management System tender process carried out by a collaboration of the Northern Regional Group of Councils.  The collaborative Tender Evaluation Panel includes officers from:

a)         Hume City Council

b)         Moreland City Council

c)         City of Whittlesea

d)         Nillumbik Shire Council

e)         Darebin City Council.

 

EXTENSION

The contract has been performing satisfactorily, however a variation of $1.5 million is now required to continue services provided by Comensura for another 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 April 2020.

Links TO WHITTLESEA 2040 AND THE COUNCIL PLAN

Whittlesea 2040 Goal                       Enabling the vision

Whittlesea 2040 Key Direction        Making it happen

Strategic Objective                           Our Council monitors and evaluates all of its operation

Council Priority                                 Organisational Sustainability

The recommendations contained in this report align with value for money and good governance practice.

Declarations of Conflicts of Interest

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

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

CONCLUSION

Extension of the 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. 2014-190 Temporary Agency Staff Management System to:

1.       Approve a variation of $1,500,000 (excluding GST) making a revised contract sum of $10,000,000 (excluding GST).

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

3.       Approve extension of the contract end date to 30 April 2020.

 

 

 


Ordinary Council Agenda                                                                    Tuesday 5 March 2019

 

6.4.2      2018/19 New Works Program - Quarter 2 Report

Attachments:                        1        Financial Summary

2        Project Progress Report

3        Project Status Photos

4        Planning and Feasibility Status Report

5        Project Adjustments   

Responsible Officer:           Director Corporate Services

Author:                                  Team Leader Business Support   

 

RECOMMENDATION SUMMARY

1.    Note the 2018/19 New Works Program Quarter 2 progress report.

2.    Approve the revised program of works in the Planning and Feasibility Program (as contained in Attachment 4).

3.    Approve the adjustments to the 2018/19 New Works Program (as contained in Attachment 5).

KEY FACTS AND / OR ISSUES

This report provides an overview of the financial performance and status of the New Works Program at the end of the second quarter of the 2018/19 financial year with the following key points:

·        Value of work completed at the end of the second quarter is $28,197,662 compared to the year-to-date budget of $28,428,008.

 

·        The underspend is relatively minor (1%) at this time of year.

 

·        There are contracts and purchase orders committing another $63,895,740 as at
31 December 2018, which shows a good level of delivery preparedness for the remainder of the financial year.

 

·        As at 31 December 2018, 17 projects have been completed out of 134 projects.

 

 

 

Report

Introduction

This report provides an overview of the financial performance and status of the New Works Program at the end of the second quarter of the 2018/19 financial year.  The report outlines the following:

·    Financial Summary of the 2018/19 New Works Program to 31 December 2018 indicating that 29.5% of the annual budget has been expended plus another 66% of the annual budget committed in contracts to date

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

·    Photos on the progress of some significant projects

·    An update on the status of the Planning and Feasibility Program for 2018/19 with proposed amendments within the allocated budget

·    A summary of the mid-year budget review and amendments as required within the net allocated budget for the 2018/19 New Works Program.

Significant progress has been made in the second quarter with the advancement of design and construction on a majority of projects.  A summary of the financial status of the New Works Program as at 31 December 2018 can be found in Attachment 1. 

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

Background

Council adopted the 2018/19 New Works Program budget on 26 June 2018 with a budget of $78,326,437 plus $17,373,594 carry forward budget providing a total New Works Program budget for 2018/19 of $95,700,031.

Consultation

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

Financial Implications

A summary of the program performance by group can be found below, whilst a list of all projects with their current progress status has been included in Attachment 2.

 


 

Financial Status of the New Works Program by Group:

Group

Year To Date Actuals

$

Year To Date Budgets

$

Year To Date Variance

$

Annual Budget   

$

Program Status

Buildings

9,052,040

8,242,653

-809,387

39,206,646

Ahead of planned budget

Drains

44,018

50,819

6,801

92,819

Behind planned budget

Planning & Feasibility

152,868

225,000

72,132

500,000

Behind planned budget

Open Space

10,503,127

9,083,025

-1,420,102

22,378,315

Ahead of planned budget

Plant & Equipment

2,055,014

1,881,856

-173,158

4,002,436

Ahead of planned budget

Transport

420,046

329,276

-90,770

5,896,407

Ahead of planned budget

Roads & Paths

5,970,549

8,615,379

2,644,830

23,623,408

Behind planned budget

Total

28,197,662

28,428,008

230,346

95,700,031

 

Projects progressed ahead of schedule:

·    Project ID 304 Local Area Traffic Management (LATM) Schemes

·    Project ID 696 Construct Playing Fields and Pavilion; Lalor West Reserve (Mosaic)

·    Project ID 1324 Construct Pavilion and Car Park; Harvest Home Road

·    Project ID 2248 Traffic Management Around Schools

The underspend is relatively minor (1%) at this time of year.
Projects behind planned schedule contributing to this variance are:

·    Project ID 77 Local Road Reconstruction/Rehabilitation – works delayed due to reprioritisation to deliver projects associated with the opening of Mernda Rail.

·    Project ID 1802 Hillcroft Estate Drainage Issues – Alternate method found to resolve issue.

·    Project ID 1218 Construct Findon Road Extension – Detailed design is being reviewed.

·    Project ID 2119 Street Light Bulk Replacement – Delay in tender phase.

Planning and Feasibility Program Update

The Planning and Feasibility Program is designed to allow for adequate planning, scoping, budgeting and scheduling of future projects.  Forward planning also ensures that sufficient feasibility work and thorough project briefs and business cases are prepared for future projects.

This ensures that projects are ready for delivery in future years and provides the opportunity to take advantage of grant funding as it becomes available.

The 2018/19 New Works Program provides a budget of $500,000 for the planning and feasibility of future projects.  Attachment 4 provides an update on the status of the Planning and Feasibility Program for 2018/19.

Mid-Year Budget Review

There have been a number of changes to the New Works Program over the course of the first half of 2018/19 due to unbudgeted grant funding being received and budget amendments being approved via Reports to Council.  These budget amendments are summarised in Attachment 5 and are funded within the total net budget allocation for the 2018/19 New Works Program.

These adjustments fall into the following categories;

·    Projects with offsets identified – no net budget impact to Council.

·    Projects with unbudgeted external funding – net budget surplus of $3.025 million derived from Growing Suburbs Fund and Female Friendly Facilities funding received for Harvest Home Road project (PID 1324) which substitutes Council funding.

·    Project adjustments – savings identified on completed projects.

·    Works-In-Kind Projects – projects that were previously identified for delivery by Council utilising Developer funds are now being delivered by Developers to be gifted to Council.  These projects will result in a nil expenditure on previously budgeted projects.

·    New and existing projects where additional funds are required.  Refer to Attachment 5 for specific project details. 

Project adjustments require a net additional budget of $390,500 which can be funded from surplus Council budget that has resulted from recent grant announcements.

This results in $2,634,500 of surplus budget to date (following adjustments).  It is proposed that surplus funds be transferred to the Infrastructure Reserve at the end of the 2018/19 financial year.

Forecast

Progress of works is expected to accelerate in the third quarter as contracts are awarded and weather conditions improve for construction works, following the industry shutdown/holiday period in December/January.

The revised budget following the mid-year review adjustments is $84,955,846 to account for projects now being delivered by Developers and other project adjustments.  The forecast end of financial year progress of the New Works Program is expected to be approximately $73.9 million with an estimated carry forward of $10.4 million.  This equates to approximately 87% completion unadjusted for extraordinary items.

Infrastructure Grants

A total of $10,738,200 grant applications and $13,000,000 loan applications have been submitted since 1 July 2018.

Successful applications totalling $9,258,200 have been announced since the 1 July 2018 whilst Grant applications totalling $1,480,000 are awaiting outcomes.

Two loan scheme applications totalling $13,000,000 have been successful.  This information was outlined in a separate report to Council on 13 November 2018.

Policy strategy and legislation

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

Lessons learnt and continuous improvement plans are implemented to enhance systems, processes and practices to improve the planning and delivery of the New Works Program.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Our Council strives to achieve long term financial sustainability

Council Priority                             Organisational Sustainability

Declarations of Conflicts of Interest

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

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

Conclusion

This report provides a summary of the status of the 2018/19 New Works Program at the end of the second quarter. 

 

RECOMMENDATION

THAT Council resolve to:

1.       Note the 2018/19 Second Quarter New Works Program progress report.

2.       Approve the revised program of works in the Planning and Feasibility Program (as contained in Attachment 4).

3.       Approve the adjustments to the 2018/19 New Works Program (as contained in Attachment 5).

 

 


Ordinary Council Agenda                                                                                              Tuesday 5 March 2019

 

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Ordinary Council Agenda                                                                                              Tuesday 5 March 2019

 

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Ordinary Council Agenda                                                                                 Tuesday 5 March 2019

 

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Ordinary Council Agenda                                                                                              Tuesday 5 March 2019

 

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Ordinary Council Agenda                                                                                              Tuesday 5 March 2019

 

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Ordinary Council Agenda                                                                    Tuesday 5 March 2019

 

6.4.3    Safety and Wellbeing Quarterly Report - December 2018 update

Attachments:                        1        Wellbeing Plan 2019   

Responsible Officer:           Manager Corporate Accountability and Performance

Author:                                  Team Leader Safety Wellbeing   

 

RECOMMENDATION SUMMARY

That Council note the report including the improved safety performance over the past year.

KEY FACTS AND / OR ISSUES

·    This is a quarterly report to Council providing an overview of Council’s Occupational Health and Safety (OHS) performance.

·    There has been a significant reduction in the number of lost time injuries from 2017 to 2018 (from 33 to 20) seeing a reduction of lost time injury frequency rate of 44% (from 22.5 to 12.6). This is a very positive direction confirming improved safety performance, following implementation of the OHS Roadmap which included significant training, documentation and prioritising of safety and wellbeing initiatives.

·    Council is meeting all statutory OHS responsibilities and requirements under the OHS Act 2004.

 

 

Report

Introduction

Council has over 1150 employees undertaking a diverse range of roles in various locations.  This includes staff working in the community in such areas as aged services, maternal and child health, youth, community development, roads, parks, school crossings, local laws as well as office based employees and professionals.  Council has a duty of care to comply with legislation and to take reasonable steps to provide a safe environment for Councillors, staff, contractors, volunteers and members of the public.

As ‘Officers’ under the OHS Act 2004, Council has a responsibility to take reasonable steps to acquire knowledge, make decisions and verify performance to be comfortable that Council is meeting the OHS responsibilities.

Background

A Council Forum was held on 15 May 2018 where Barry Sherriff, Lawyer and OHS Consultant presented “Effectively managing health and safety – leadership, risk management and compliance”.  This included outlining responsibilities for Councillors as senior officers under the OHS Act 2004.

Quarterly reports to Council provide an overview of Council’s safety performance and initiatives to build a wellbeing culture and effectively manage safety risks.

Proposal

For Council to note the information in this report in relation to safety and wellbeing management at Council.

Council has an Occupational Health and Safety (OHS) management system, policy, procedures and guidelines in place to meet the requirements of the OHS Act 2004.  A proactive approach to managing safety and reducing hazards and risks has been implemented through Council’s OHS Roadmap which supports the People Strategy (developed 2017) and includes ‘Wellbeing’ as one of five key focus areas. 

OHS Roadmap

Council’s OHS Roadmap identified 23 actions to achievement during 2018 sitting under 12 elements.  All actions are on track or have been achieved as summarised below.

Roadmap Element

# Actions

Status

1

Develop leadership, capability and accountability of frontline supervisors / team leaders / managers

4

Achieved

2

Ensure caring focus of support for ill and injured staff

1

Achieved

3

Implementation of targeted mental health and wellbeing programs

3

Achieved

4

Implementation of an OHS business partner model

1

Achieved

5

Implementation and training of the Risk Management Safety System (Online OHS management system)

4

Achieved

6

Each business will identify their key OHS risks and implement an Action Plan to mitigate each key risk area

2

Achieved

7

Conduct an audit of the current OHS management systems

2

Achieved

8

Implement simplified OHS systems and tools

1

In progress

9

Procurement include OHS systems in contracts

1

Achieved

10

Contractors participate in annual OHS management audits

2

In progress

11

Benchmarking with external industries demonstrating excellence in OHS culture

1

Achieved

12

Wellbeing awards are held

1

Achieved

The 2019 Wellbeing Plan (attachment 1) has been built upon the foundation of the 2018 OHS Roadmap and continues the progress of effective safety and wellbeing management across Council.

Priority Risks

Priority safety risks have been identified for review and to ensure suitable actions are put in place to mitigate these risks.

The identified risks were: Occupational Violence, Working Alone or in Isolation, Emergency Management/Response, Psychological Wellbeing, Manual Handling and Contractor Management.

The review of the priority risks is completed or on track. Council will now move to implement key initiatives including duress alarms, emergency management training/exercises and the launch of the ‘Whittlesea Ways to Wellbeing’ program.

Lost time injuries

There has been a significant reduction in the number of lost time injuries in 2018 (from 33 lost time injuries in 2017 to 20 lost time injuries in 2018)

Lost Time Injury Frequency Rate (LTIFR) is a standard and indicative measure for safety performance.  LTIFR refers to the number of lost time injuries (a work injury that results in a full day or full shift away from work) within a given period relative to the number of hours worked in that period.  City of Whittlesea uses a rolling 12-month period.

A key focus of the 2018 OHS Roadmap was to reduce our lost time injury frequency rate (LTIFR) by 20% each year. 

Since implementing Council’s Roadmap in February 2018, our LTIFR has decreased from 22.5 to 12.6 which is a 44% decrease; an excellent result and significantly better than target.  This is the lowest LTIFR since Council commenced monthly reporting in December 2015.  This positive result demonstrates improved safety performance and is due to a focus on early return to work, increased education and proactive approaches to managing risks.

Consultation

Monthly reporting is provided to the Executive Leadership Team. City of Whittlesea has a Corporate OHS Committee which meets quarterly to review all safety data and the 2019 Wellbeing Plan implementation.

Critical Dates

The 2019 Wellbeing Plan will be reviewed quarterly and updated annually.

Financial Implications

WorkCover premium costs are allocated in the budget.  Good OHS practices can lead to reduced absenteeism and reduced lost time injuries resulting in a reduced WorkCover premium.

Policy strategy and legislation

Safety and wellbeing of staff is directly linked with Council’s People Plan key focus area of ‘Wellbeing’ and Council’s Value of ‘Wellbeing’.

 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Our Council explores and adopts best practice models

Council Priority                             Organisational Sustainability

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

Safety and wellbeing are a priority as outlined in the People Plan and Council Values.  The OHS Roadmap has been successfully implemented with all actions achieved or on track for completion. There has been a significant decrease in lost time injuries over the past 12 months resulting in an improved OHS performance and significant reduction in lost time injury frequency rate.  The 2019 Wellbeing Plan has been endorsed by Executive Leadership and focusses on effective and proactive Safety and Wellbeing Leadership.

 

RECOMMENDATION

THAT Council note the report including the improved safety performance over the past year.

 


Ordinary Council Agenda                                                                                 Tuesday 5 March 2019

 

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Ordinary Council Agenda                                                                    Tuesday 5 March 2019

 

6.4.4      Part of Downs Road Lalor adjoining Whittlesea Public Gardens - Road Discontinuance

Attachments:                        1        Site Plan & Photo

2        Advertising Plan   

Responsible Officer:           Director Corporate Services

Author:                                  Senior Property Officer   

 

RECOMMENDATION SUMMARY

1.   Resolve to commence the statutory processes required under the Local Government Act 1989 to discontinue and vest the balance of the Downs Road Reserve (being approximately 8,000m2) which adjoins Council’s Whittlesea Gardens, Lalor. 

2.   Invite and consider public submissions received pursuant of Section 223 of the Local Government Act 1989, establish a Committee of Council hearing consisting of South West Ward Councillors (if required) and that all findings be presented in a report to Council for its final recommendation at its next available meeting.

KEY FACTS AND / OR ISSUES

·        Council, at its meeting held 19 September 2018, formally resolved to endorse the Whittlesea Gardens master plan, following extensive community consultation.

·        The Whittlesea Gardens master plan made a number of key recommendations, including the establishment of a new residential development within the existing Downs Road Reserve.

·        The discontinuance and redevelopment of Downs Road (residential purposes) may provide a suitable revenue stream to offset the expenditure incurred in delivering the Whittlesea Gardens master plan recommendations.

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

 

Report

Background

Council, at its meeting held 19 September 2018, formally resolved to endorse the Whittlesea Gardens master plan, following extensive community consultation. The plan provided direction for the future development of the Whittlesea Gardens as one of Council’s major community parks. The master plan made a number of key recommendations, including the establishment of a new residential development within the existing Downs Road Reserve (see Attachment 1: Site Plan & Photo and Attachment 2: Advertising Plan). The allotments would create better passive surveillance across the Whittlesea Gardens and create a funding source to enable the redevelopment of the gardens themselves. 

In order to create a viable residential development opportunity fronting the Whittlesea Gardens, Council officers must commence the formal discontinuance of the existing Downs Road Reserve.  The road, which is not considered essential for road purposes in its present form, would be discontinued and retained by Council as a single allotment. The road, which is approximately 20m in width and 422m in length, cannot suitably accommodate the development itself, and will require a re-alignment of a section of the Whittlesea Gardens to enable the construction of a new road that will service each of the proposed residential allotments.

Proposal

To commence the statutory processes required under the Local Government Act 1989 to discontinue and vest the balance of the Downs Road Reserve (being approximately 8,000m2 in total) which adjoins Council’s Whittlesea Gardens, Lalor.

The discontinuance and proposed sale/establishment of a residential development within the existing Downs Road Reserve, would improve passive surveillance in the reserve along with creating a suitable revenue stream which will be reinvested to the improvements proposed under the Whittlesea Gardens master plan.

Consultation

Consultation has been held between Council officers and all relevant statutory authorities, to ensure that the land is no longer required for its original purpose and that all existing and proposed easements are noted within the advertising plan. 

Further community consultation was undertaken for the draft master plan of the Whittlesea Gardens (and discontinuance and development of the Downs Road Reserve), through key stakeholder workshops conducted at the Lalor Library and Whittlesea community festival.  Online surveys, letterbox drops (1,400 properties), social media releases, Council website updates, pop up sessions and signage within the gardens were other consultative approaches undertaken.

In general, the community has demonstrated support for the proposed master plan, however, there were mixed views relating to the proposal to create new residential development along the Downs Road Reserve frontage, with both strong support and opposition expressed for this recommendation. Further consultation has been undertaken to address concerns such as the loss of existing amenities and perceived devaluing of property values as a result of an adjoining residential development.

PUBLIC SUBMISSIONS

Public submissions will be invited on the proposed discontinuance under Section 223 of the Local Government Act 1989.  An advertisement will be placed in the Whittlesea Leader newspaper and Council’s website (public notice section) on Tuesday 12 March 2019, requesting that public submissions be received by 12 noon on Wednesday 10 April 2019.

Financial Implications

The estimated budget required to implement the master plan recommendations is subject to further design development; however initial estimates places the cost at $5.0 to $5.8 million.

The discontinuance and redevelopment of Downs Road (residential opportunities) may provide a suitable revenue stream to offset the expenditure incurred in delivering the master plan recommendations. 

A further report (together with various options) will be presented to Council seeking approval in relation to the proposed disposal of this land. The land will be sold in accordance with the ‘Local Government Best Practice Guideline for the Sale and Exchange of Land (March 2008’).

All additional costs associated with the road discontinuance, i.e. surveying, advertising and registration, will also be borne by Council (approximately $5,000).

Policy strategy and legislation

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

 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Liveable neighbourhoods

Whittlesea 2040 Key Direction     Well-designed neighbourhoods and vibrant town centres

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

Council Priority                             Planning and Infrastructure

 

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 discontinuance and proposed sale/establishment of a residential development within the existing Downs Road Reserve, would improve passive surveillance in the reserve along with creating a suitable revenue stream which will be reinvested to the improvements proposed under the Whittlesea Gardens master plan.

 

 

RECOMMENDATION

THAT Council resolve to:

1.       Invite public submissions in accordance with Section 206 and 223 of the Local Government Act 1989, relating to its intentions to commence procedures to discontinue and vest the balance of the Downs Road Reserve which adjoins Council’s Whittlesea Gardens, Lalor (otherwise marked in Attachment 2 – Advertising Plan)

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

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

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

 


Ordinary Council Agenda                                                                                 Tuesday 5 March 2019

 

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Ordinary Council Agenda                                                                                 Tuesday 5 March 2019

 

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Ordinary Council Agenda                                                                    Tuesday 5 March 2019

 

6.4.5      2018/2019 Council Action Plan - Quarter 2 Update

Attachments:                        1        2018/19 Q2 Council Acton Plan   

Responsible Officer:           Director Corporate Services

Author:                                  Corporate Planner   

 

RECOMMENDATION SUMMARY

That Council resolve to note the report.

KEY FACTS AND / OR ISSUES

·    The Council Action Plan 2018/19 has 46 major initiatives to be delivered in 2018/19

·    A total of 66 quarterly milestones were allocated in Quarter 2

·    Council achieved 97% of the milestones allocated in Quarter 2

·    Two outstanding major initiatives from the 2017/2018 Council Action Plan continue to be closely monitored.

 

Report

Introduction

The Council Action Plan is developed annually as an accompaniment to the Council Plan, Council’s main strategic planning document. It includes the major initiatives to be achieved in the year. Council adopted the Council Action Plan 2018/19 on 26 June 2018.

The Council Action Plan 2018/2019 contains 46 major initiatives.  The performance of all major initiatives is managed with milestones developed for each quarter to ensure accurate and transparent monitoring of progress towards achieving each initiative.

Attachment 1 – 2018/2019 Q2 Council Action Plan

Of the 66 reportable milestones allocated to the 46 major initiatives for quarter 2, Council completed 64. This corresponds to a 97% achievement rate.

 

2018/2019 Quarter 2 Council Action Plan Milestones

Figure 1. Council Action Plan 2018/19 – Q2 result.

There were two milestones that were not achieved this quarter:

Table 1. Council Action Plan 2018/19 – Q2 milestones not achieved.

Major Initiative

Annual Measure

Q2 Milestone

Comment

Campaign for Council’s advocacy priorities in the State election

Minimum 85% completion of actions for Election Advocacy Strategy.

Coordinate and lodge 2019/2020 State Budget submission.

It is expected that the State Government will call for Budget submissions in Quarter 3. Our draft submission is prepared and waiting for the State Government announcement of the budget process.

*NB: Council’s submission for the proposed State Government Budget was lodged with Treasury in mid-February, ahead of the 1 March deadline.

Major Initiative

Annual Measure

Q2 Milestone

Comment

Improve the city's parks by upgrading neighbourhood parks in Thomastown, Bundoora, Whittlesea and Mill Park; and by commencing the Norris Bank Master Plan implementation.

Construction of the Norris Bank Reserve playground and social gathering space has commenced

Construction contract for Norris Bank Reserve awarded

Tender evaluation has been completed. The item is tabled for the Council Meeting on 5 March 2019.

 

Details of all milestones for this quarter are available in Attachment 1. 

2017/2018 Outstanding Council Acton Plan - Update

Two items from the 2017/2018 Council Action Plan continue progressing as we move to Quarter 3.

Updates to Council will continue to be provided in future quarterly reports.

Table 2. Council Action Plan 2017/18 outstanding major initiatives

Major Initiative

Status

Comments

Plenty Valley Town Centre Structure Plan

Ongoing

C204 Amendment documents submitted to the Minister. Awaiting ministerial approval.

Mernda Town Centre rail extension

Ongoing

Stage 1 planning permit reported to Council for consideration at the meetings on 11 December 2018, 21 December 2018 and 5 February 2019.

*NB: Council resolved this matter at meeting 12 February 2019

Proposal

That Council resolve to note the report.

Consultation

The Council Action Plan 2018/19 was developed by Council, consulted with the community from 27 April to 25 May 2018, and adopted on 26 June 2018.

Staff have been consulted throughout the development process to provide details, comments and to confirm the status of each major initiative milestone and annual measure.

Financial Implications

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

Policy strategy and legislation

This report is in accordance with the Section 125 of the Local Government Act 1989 and the Local Government (Planning and Reporting) Regulations 2014 to enhance Council’s accountability with the community on the delivery of the Council Action Plan.

 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Our Council monitors and evaluates all of its operations

Council Priority                             Organisational Sustainability

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 delivery of the 46 Major Initiatives in the 2018/19 Council Action Plan is mostly on-track, with 97% of the 66 milestones allocated in quarter 2 having been achieved. The two non-achieved milestones will continue to be monitored into quarter 3.

Council continues to monitor closely the progress of the two outstanding major initiatives from the 2017/18 Council Action Plan and will continue to provide status updates on a quarterly basis.

 

RECOMMENDATION

THAT Council resolve to note the report.

 


Ordinary Council Agenda                                                                                              Tuesday 5 March 2019

 

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Ordinary Council Agenda                                                                    Tuesday 5 March 2019

 

6.4.6      2018/19 Financial Performance - Quarter 2 Report And 2018/19 Mid-Year Budget Review

Attachments:                        1        Financial Performance Report - December 2018

2        2018/19 Mid-Year Budget Review   

Responsible Officer:           Director Corporate Services

Author:                                  Accountant Management Accounting   

 

RECOMMENDATION SUMMARY

1.      Note the Financial Performance Report for the period ended 31 December 2018.

2.      Note the outcome of the 2018/19 Mid-year Review (operating budgets) and resolve that at 2018/19 financial year end the actual budget surplus be transferred to the infrastructure reserve for use to fund future capital projects.

KEY FACTS AND / OR ISSUES

Report contains two key items: Q2 Financial Performance Report and outcome from 2018/19 Mid-Year Budget Review.

·    Income statement in the Q2 report shows a favourable year to date variance of Council’s underlying surplus of $6.56 million.

·    Favourable income variances have occurred in operating grants ($1.50 million) and other income ($1.80 million); favourable expenditure variation is predominately in employee benefits ($1.51 million) and materials and services ($1.25 million).

·    Mid-Year Budget review is projecting a year-end surplus of $5.87 million, proposed to transfer the actual year end surplus to the Infrastructure Reserve to fund future capital works at the end of the 2018/19 financial year.

 

Report

Introduction

The Financial Performance Report (Attachment 1) for the period ended 31 December 2018, is presented for consideration by Council, in accordance with the Local Government Act 1989.

In addition, officers undertook a 2018/19 Mid-Year Budget Review (Attachment 2) to identify major changes that have occurred since budget adoption

Background

Financial Performance Report (Attachment 1)

The Financial Performance Report includes the following financial statements:

•           Comprehensive income statement

•           Balance sheet

•           Statement of cash flows

•           Statement of capital works

•           Summary of reserves.

A detailed analysis of income and expenditure in the comprehensive income statement is included in the report.  The statement shows a favourable year to date variance of Council’s underlying surplus of $6.56 million. 

The favourable income variances have occurred in operating grants ($1.50 million) and other income ($1.80 million); favourable expenditure variation is predominately in employee benefits ($1.51 million) and materials and services ($1.25 million).

Mid-year budget review (Attachment 2)

In June 2018, Council adopted the 2018/19 Budget, which projected a total operating surplus $132.7 million (as per the Budgeted Comprehensive Income Statement) and a balanced cash-basis result (rates funded budget) following adjustments for the treatment of capital items (grants and expenditure), non-monetary asset contributions, reserve transfers and loan principal repayments requirements.

Officers have completed a Mid-Year Budget Review for 2018/19 to identify major changes that have occurred since budget adoption. The review was completed to check that the financial result will be delivered in line with the Adopted Budget at year end, and to address significant budget impacts that have occurred since the original budget was set.

Proposal

It is proposed that the 2018/19 year end actual budget surplus be transferred to the infrastructure reserve to be used to fund future capital projects.

Consultation

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

Financial Implications

Overall, the Mid-Year Budget Review projects a revised cash-basis favourable surplus of $5.87 million, which includes an estimated operating surplus of $3.24 million and an estimated New Works Program surplus of $2.63 million. It is proposed to transfer the actual surplus at the end of the financial year to the infrastructure reserve to fund future capital projects.

Policy strategy and legislation

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

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Our Council monitors and evaluates all of its operations

Council Priority                             Organisational Sustainability

DecLarations of Conflicts of Interest

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

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

Conclusion

For the six month period ending 31 December 2018, Council underlying surplus shows a favourable year to date variance of $6.56 million against budget.

The 2018/19 Mid-year Budget Review projects a cash-basis surplus of $5.87 million. At the end of the financial year, it is proposed to transfer the actual surplus to the infrastructure reserve to fund future capital projects.

 

RECOMMENDATION

THAT Council resolve to:

1.       Note the Financial Performance Report for the period ended 31 December 2018.

2.       Note the outcome of the 2018/19 Mid-Year Budget Review (operating budgets) and resolve that at 2018/19 financial year end the actual budget surplus be transferred to the infrastructure reserve for use to fund future capital projects.

 


Ordinary Council Agenda                                                                                 Tuesday 5 March 2019

 

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Ordinary Council Agenda                                                                                 Tuesday 5 March 2019

 

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Ordinary Council Agenda                                                                    Tuesday 5 March 2019

 

6.5       Executive Services

6.5.1      Meetings of the Chief Executive Officer 24 January - 20 February 2019  

Responsible Officer:           Chief Executive Officer

Author:                                  Executive Assistant    

 

RECOMMENDATION SUMMARY

The Council note the record of meetings held by the Chief Executive Officer with external persons and organisations and significant internal issues as set in the table in the report.

KEY FACTS AND / OR ISSUES

This is to report to Council details of meetings held by the Chief Executive Officer with external persons and organisations and significant internal issues.

 

Report

Background

Council has previously resolved, as part of the Chief Executive Officer’s annual performance review, that the Chief Executive Officer provide Council with a regular report containing details of external persons and organisations with whom he has met and the purpose of such meetings and any significant internal issues.   The report is designed to promote openness and transparency in the Office of the Chief Executive Officer.

Proposal

It is proposed that a standard report be included in the Council Notice paper in future meetings which will record details of external meetings and details of significant internal events. 

 

EXTERNAL MEETINGS

Date

Organisation or Individual

Purpose of Meeting

28/1/19

Australia Day Public Holiday

29/1/19

Toorourrong Reservoir Pak

Briefing tour prior to 10 year bushfire anniversary.  Also in attendance Director City Transport & Presentation NMann

29/1/19

EPA/Worksafe/CFA/DEWLP/Hume

Teleconference. Chemical Storage Epping and Campbellfield

30/1/19

YSAS Board meeting

Chair (external meeting)

4/2/19

Frasers Property Australia

Stakeholder meeting.  Also in attendance Director Partnerships Planning & Engagement LThompson

4/2/19

State Commemoration 10 Year Anniversary of the 2009 Victorian Bushfires

State Commemoration. Also in attendance Mayor Cr Cox

5/2/19

Rob Mitchell MP

Advocacy meeting.  Also in attendance Mayor Cr Cox

6/2/19

YSAS Board meeting

Chair (external meeting)

7/2/19

ICP Steering Group Meeting

Implementation of new ICP system.

7/2/19

Andrew Giles MP

Advocacy meeting.  Also in attendance Mayor Cr Cox

7/2/19

Whittlesea Community Garden commemoration

Whittlesea township commemoration.  Also in attendance Mayor Cr Cox

8/2/19

Governor of Victoria, The Hon. Linda Dessau

10 Year Anniversary of the 2009 Victorian Bushfires, tour of Whittlesea Township.  Also in attendance Councillors and Directors

9/2/19

10th Anniversary Bushfire Community Gathering, Toorourrong Reservoir Park

Community commemoration with Governor of Victoria.  Also in attendance Mayor Cr Cox.

14/2/19

Mernda Town Planning Application – Mr Don Foulds, Woolworths

Project discussions.  Also in attendance Mayor Cr Cox

15/2/19

Football Victoria – Peter Filopoulos, CEO

Meet and greet.  Also in attendance Director Community Services, RHopkins

18/2/19

NGAA Launch, Canberra

Launch of Federal election platform.  Also in attendance Mayor Cr Cox

 

 

 

 

SIGNIFICANT INTERNAL ISSUES

28/1/19

Australia Day Public Holiday

29/1/19

CEMAC Quarterly meeting

29/1/19

Councillor Briefing

30/1/19

ELT Governance Meeting

31/1/19

Special Councillor Briefing – 2019-20 Council Plan

5/2/19

Ordinary Council Meeting

6/2/19

CLT Meeting

6/2/19

ELT Governance Meeting

7/2/19

2009 Bushfires Anniversary – staff commemoration

11/2/19

ELT Strategy Meeting

12/2/19

Adjourned Council Meeting

13/2/19

ELT Governance Meeting

19/2/19

Councillor Briefing

20/2/19

ELT Governance Meeting

Consultation

Nil

Financial Implications

Costs associated with these meetings are covered in the recurrent budget.

 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Connected community

Whittlesea 2040 Key Direction     A participating community

Strategic Objective                        We have access to information, skill development and knowledge to participate in decision-making in an informed way

Council Priority                             Organisational Sustainability

 

Declarations of Conflicts of Interest

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

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

Conclusion

The Council note the record of meetings held by the Chief Executive Officer with external persons and organisations and significant internal issues as set in the table in the report.

 

 

Recommendation

THAT Council resolve to receive and note the report containing a record of meetings held by the Chief Executive Officer with external persons and organisations and significant internal issues.

 

  


Ordinary Council Agenda                                                                    Tuesday 5 March 2019

7.         Notices of Motion

7.1       Notice of Motion No 866 - Live Streaming of Council Meetings  

Author:                                  Cr Caz Monteleone 

 

Councillor Monteleone of South West Ward has given notice that it is his intention to move the following Motion at the Ordinary Meeting of Council to be held on Tuesday 5 March 2019 at 6:30pm:

Preamble

The matter of live streaming and video recording of Council Meetings was previously considered by Council at its meeting on 13 November 2018 when Council considered the following motion, moved by Cr Monteleone, which was put to a vote and lost.

THAT Council resolve to:

1.     Proceed with option 2 - Council to stream Council meetings live to Council’s website in 2019 and record the live stream.  The recording can then be accessed ‘on demand’ by members of the public.  Footage of the meeting would be stored and made available through Council’s website for a period of 12 months; and

2.     Adopt the attached Protocol to guide the live streaming of Council meetings.

For clarity, the proposed Notice of Motion is not in the nature of a rescission or variation motion as Council did not make a resolution with respect to live streaming at the Ordinary Council meeting held on 13 November 2018.

The motion put by Cr Monteleone at the 13 November meeting was lost and there was no alternative resolution made which expressly stated that Council would not live stream meetings. There is, therefore, no resolution to be rescinded or amended with respect to live streaming.

 

MOtion

THAT Council resolve to:

1.    Live stream Council meetings to Council’s website commencing in April 2019 and video record the live stream; and

2.    Publish the video footage of Council meetings on Council’s website for a minimum period of 12 months.

 

 

 


8.         Questions to Officers

9.         Urgent BusineSS

10.       Reports from Delegates Appointed BY Council TO Other Bodies

 


Ordinary Council Agenda                                                                    Tuesday 5 March 2019

11.       Confidential Business

11.1     Partnerships, Planning & Engagement

Nil Reports

 

11.2     Community Services

Nil Reports

 

11.3     City Transport and Presentation

Nil Reports

 

11.4     Corporate Services

Nil Reports

 

11.5     Executive Services

Nil Reports

 

11.6     Notices of Motion

Nil Reports

 

12.       Closure