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Minutes

 

OF Ordinary
COUNCIL MEETING

HELD ON

Tuesday 2 April 2019

AT 6.30pm

In Council Chamber, 25 Ferres Boulevard, South Morang


Ordinary Council Minutes                                                                       Tuesday 2 April 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 Minutes                                                                       Tuesday 2 April 2019

 

 

 

SENIOR OFFICERS

 

 

SIMON OVERLAND                          CHIEF EXECUTIVE OFFICER

JANE PRICE                                      ACTING DIRECTOR COMMUNITY SERVICES

NICK MANN                                       DIRECTOR CITY TRANSPORT & PRESENTATION

HELEN SUI                                         DIRECTOR CORPORATE SERVICES

LIANA THOMPSON                           DIRECTOR PARTNERSHIPS, PLANNING & ENGAGEMENT

MICHAEL TONTA                              MANAGER GOVERNANCE

                                                           

 


Ordinary Council Minutes                                                                       Tuesday 2 April 2019

 

 

ORDER OF BUSINESS

 

The Chief Executive Officer submits the following business:

 

1.            Opening.. 9

1.1         MEETING OPENING AND PRAYER.. 9

1.2         ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT. 9

1.3         Present.. 9

2.            Apologies.. 10

3.            Declarations of Interest. 10

4.            Confirmation of Minutes of Previous Meeting.. 10

5.            Questions, Petitions and Joint Letters.. 12

5.1         Questions To Councillors.. 12

5.1.1       ITEM 6.1.3 258 FIFTH AVENUE EDEN PARK PLANNING APPLICATION NO. 718222. 12

5.1.2       ITEM 6.1.3 258 FIFTH AVENUE EDEN PARK PLANNING APPLICATION NO. 718222. 12

5.1.3       ITEM 6.1.3 258 FIFTH AVENUE EDEN PARK PLANNING APPLICATION NO. 718222. 12

5.1.4       ITEM 6.1.3 258 FIFTH AVENUE EDEN PARK PLANNING APPLICATION NO. 718222. 13

5.1.5       ITEM 6.1.3 258 FIFTH AVENUE EDEN PARK PLANNING APPLICATION NO. 718222. 13

5.2       PETITIONS…………………………………………………………………………14

5.2.1       MCLEANS ROAD, BUNDOORA KINDERGARTEN DEMOLITION IN 2020  14

5.2.2       INSTALLATION OF SPEED HUMPS IN MONTVILLE STREET, DOREEN   15

5.2.3       REMOVAL OF OLD GUM TREES – BLOSSOM PARK DRIVE, MILL PARK   16

5.3         Joint Letters.. 17

Nil Reports.. 17

6.            Officers’ Reports.. 19

6.1         Partnerships, Planning & Engagement. 21

6.1.1       CITY OF WHITTLESEA AUSTRALIA DAY AWARDS COMMITTEE.. 21

 

6.1.2       335-355 O'Herns Road, Epping - Amendment to Planning Permit No. 709220 to increase hours of operation for the concrete crushing plant. 33

6.1.3       258 Fifth Avenue Eden Park.. 57

6.1.4       69 Coulstock Street Epping - Planning Permit Application No. 716968-02 - Amend Planning Permit No. 716968 to Use the Land for a Funeral Parlour.. 79

6.1.5       Amendment to the Garden Road Development Plan.. 93

6.1.6       Assemblies of Council Report - 2 April 2019. 105

6.1.7       Animal Registration and Refund Policy.. 109

6.2       COMMUNITY SERVICES…................…………………………………………111

NIL REPORTS.……………………………………………………………………111

6.3         City Transport and Presentation.. 117

6.3.1       Contract 2018-133 - All Abilities Play Space - Junior Play Tender Evaluation.. 117

6.3.2       Contract 2018-56 - Tree Removal, Supply, Planting & Maintenance - Tender Evaluation.. 121

6.3.3       Contract No: 2019-26  - Security Services - Tender Evaluation.. 127

6.4         Corporate Services.. 131

6.4.1       CONTRACT 2018-128 - DESIGN AND CONSTRUCTION OF MODULAR ROOM AT DUFFY STREET, EPPING  - TENDER EVALUATION REPORT  131

6.4.2       Unconfirmed Minutes of Audit & Risk Committee Meeting   135

6.5         Executive Services.. 149

6.5.1       MEETINGS OF THE CHIEF EXECUTIVE OFFICER 21 FEBRUARY TO 20 MARCH 2019. 149

7.            Notices of Motion.. 153

7.1           Notice of Motion No 867 - Live Streaming of Council Meetings.. 153

8.        QUESTIONS TO OFFICERS.. 155

9.          Urgent Business.. 155

10.       REPORTS FROM DELEGATES APPOINTED TO COUNCIL BY OTHER BODIES…................................………………………………………………….155

11.         Confidential Business. 157

 

 

11.1       Partnerships, Planning & Engagement. 157

Nil Reports.. 157

11.2.... Community Services.. 157

Nil Reports.. 157

11.3.... City Transport and Presentation.. 157

Nil Reports.. 157

11.4.... Corporate Services.. 157

Nil Reports.. 157

11.5       Executive Services.. 157

Nil Reports.. 157

11.6.... Notices of Motion.. 157

Nil Reports.. 157

11.7     urgent business.. 157

11.7.1  victorian equal opportunity and human rights  commission matter.. 157

12.         Closure.. 158

 

 

Note:

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

 

 

 


Ordinary Council Minutes                                                                       Tuesday 2 April 2019

 

1.         Opening

1.1       MEETING OPENING AND PRAYER

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

1.2       ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT

The Mayor, Cr Cox read the following statement:

“On behalf of the City of Whittlesea I recognised the rich Aboriginal heritage of this country and acknowledged 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

Members:

Cr Lawrie Cox                     Mayor (South West Ward)

Cr Caz Monteleone             Councillor (South West Ward)

Cr Kris Pavlidis                    Councillor (South West Ward)

Cr Tom Joseph                    Deputy Mayor (North Ward)

Cr Ricky Kirkham                Councillor (North Ward)

Cr Emilia Lisa Sterjova        Councillor (North Ward)

Cr Sam Alessi                      Councillor (South East Ward)

Cr Alahna Desiato               Councillor (South East Ward)

Cr Norm Kelly                      Councillor (South East Ward)

Cr Mary Lalios                     Councillor (South East Ward)

Officers:

Mr Simon Overland             Chief Executive Officer

Ms Jane Price                      Acting Director Community Services

Mr Nick Mann                      Director City Transport & Presentation

Ms Helen Sui                       Director Corporate Services

Ms Liana Thompson            Director Partnerships, Planning & Engagement

Mr Michael Tonta                 Manager Governance

 

 

 

 

 

 

2.         Apologies

 

Apology

Cr Alessi moved an apology for Cr Kozmevski for this meeting.

Council Resolution

Moved:                       Cr Alessi

Seconded:               Cr Joseph

 

THAT the Councillor's apology be received.

                                                                                                                                    Carried

3.         Declarations of Interest

NIL

4.         Confirmation of Minutes of Previous Meeting

RECOMMENDATION

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

Ordinary Meeting of Council held 5 March 2019

Moved:                       Cr Alessi

Seconded:               Cr Joseph

 

THAT the Minutes of the Ordinary Meeting of Council held 5 March 2019 as circulated, be confirmed.

procedural motion

Moved:                       Cr Kirkham

Seconded:               Cr Monteleone

 

THAT debate on confirmation of the Minutes of the Ordinary Council Meeting held on 5 March 2019 be adjourned until the next Council Meeting on 7 May 2019.

                                                                                                                                   CARRIED

 

 

 

 

COUNCIL RESOLUTION

Moved:                       Cr Kirkham

Seconded:               Cr Monteleone

 

THAT debate on confirmation of the Minutes of the Ordinary Council Meeting held on 5 March 2019 be adjourned until the next Council Meeting on 7 May 2019.

                                                                                                                                   CARRIED

 

RECOMMENDATION

THAT the Minutes of the Special Council Meeting as circulated, be confirmed:

Special Meeting of Council held 12 March 2019

 

COUNCIL RESOLUTION

Moved:                       Cr Alessi

Seconded:               Cr Joseph

 

THAT Council resolve to adopt the minutes of the Special Council Meeting 12 March 2019.

                                                                                                                                    CARRIED

 

RECOMMENDATION

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

Special Meeting of Council held on 26 March 2019

COUNCIL RESOLUTION

Moved:                       Cr Lalios

Seconded:               Cr Monteleone

 

THAT Council resolve to defer consideration of the Minutes of the Special Council Meeting held on 26 March 2019 to the next Council Meeting 7 May 2019.

                                                                                                                                    CARRIED

 


5.         Questions, Petitions and Joint Letters

5.1       Questions To Councillors

      5.1.1    ITEM 6.1.3 258 FIFTH AVENUE EDEN PARK PLANNING APPLICATION NO. 718222

Anne McRae

What will Council value properties in close proximity to the proposed poultry farm if the application is approved?

The Mayor, Cr Cox

Thank you for your question.

As from 1 July 2019, the State Government will be responsible for the valuations of all properties within the Whittlesea municipality for rating and taxing purposes and not the City of Whittlesea.

 It would also be difficult for a valuer to pre-determine the likely effect on values of adjoining properties.

Also, the Victorian Civil and Administrative Tribunal has continually upheld that the perceived impact of a planning application on property values is not a valid or relevant planning consideration.

 

       5.1.2  ITEM 6.1.3 258 FIFTH AVENUE EDEN PARK PLANNING APPLICATION NO. 718222

Anne McRae

Has a visual inspection of the site at 258 Fifth Avenue been done?

The Mayor, Cr Cox

Thank you for your question.

Yes, a visual inspection of the site has been conducted.

 

 5.1.3 ITEM 6.1.3 258 FIFTH AVENUE EDEN PARK PLANNING APPLICATION NO. 718222

Anne McRae

Is Council going to include in their recommendations to be provided as part of the permit conditions a “Cultural Heritage Management Plan”?

The Mayor, Cr Cox

Thank you for your question.

A Cultural Heritage Management Plan is not required under the Aboriginal Heritage Act and Regulations as there is no significant ground disturbance proposed within the buffer area from the nearby creek.  Had it been required, it would be a separate process prior to the planning permit process.

 

 

 

 

 

5.1.4  ITEM 6.1.3 258 FIFTH AVENUE EDEN PARK PLANNING APPLICATION NO. 718222

Anne McRae

How does Council propose to consolidate lots?

The Mayor, Cr Cox

Thank you for your question.

Council does not consolidate lots, it is up to the landowner. The subject site was already consolidated in 1991.

 

5.1.5  iTEM 6.1.3 258 FIFTH AVENUE EDEN PARK PLANNING APPLICATION NO. 718222

Kerry Stewart

I would like to know why I was not notified as per the letter received from your Development Assessment Team that this matter had gone to a Council meeting as I had lodged an objection and how many other objectors were not notified?

The Mayor, Cr Cox

Thank you for your question.

Our records show all objectors were notified of the matter going to Council, including yourself, with a letter sent out on 27th March 2019.

 

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


5.2       Petitions

5.2.1    MCLEANS ROAD, BUNDOORA KINDERGARTEN DEMOLITION IN 2020

Cr Kelly tabled a petition received from 208 residents regarding Council considering other options with regard to the demolition of McLeans Road, Bundoora Kindergarten in 2020.

Moved:                       Cr Kelly

Seconded:               Cr Alessi

THAT Council resolve to receive the petition from 208 residents regarding Council considering other options with regard to the demolition of the McLeans Road, Bundoora Kindergarten in 2020 and a report be prepared.

                                                                                                        CARRIED UNANIMOUSLY

 


 

5.2.2    INSTALLATION OF SPEED HUMPS IN MONTVILLE STREET, DOREEN

Cr Sterjova tabled a petition from 18 residents requesting Council install speed humps in Montville Street, Doreen.

Moved:                       Cr Sterjova

Seconded:               Cr Kirkham

THAT Council resolve to receive the petition from 18 residents requesting Council install speed humps in Montville Street, Doreen and a report be prepared.

                                                                                                                                    CARRIED


 

5.2.3    REMOVAL OF OLD GUM TREES – BLOSSOM PARK DRIVE, MILL PARK

Cr Desiato tabled a petition received from 32 residents requesting Council remove old gum trees causing drainage problems to properties in Blossom Park Drive, Mill Park.

Moved:                       Cr Desiato

Seconded:               Cr Alessi

THAT Council resolve to receive the petition from 32 residents requesting Council remove old gum trees causing drainage problems to properties in Blossom Park Drive, Mill Park and a report be prepared having regard to Council’s adopted Street Tree Master Plan.

                                                                                                                                    CARRIED


5.3       Joint Letters

            Nil Reports 


Ordinary Council Minutes                                                                       Tuesday 2 April 2019

 

6.         Officers’ Reports

COUNCIL RESOLUTION

Moved:                       Cr Joseph

Seconded:               Cr Alessi

 

THAT Council resolve to adopt the Recommendations for items numbers 6.1.5, 6.1.6, 6.3.1, 6.3.2 and 6.3.3.

                                                                                                                                   CARRIED

 

 

Group Adoption of Items En Bloc

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

 

 

 


Ordinary Council Minutes                                                                       Tuesday 2 April 2019

 

6.1       Partnerships, Planning & Engagement

6.1.1      CITY OF WHITTLESEA  AUSTRALIA DAY AWARDS COMMITTEE

Attachments:                        1        Draft Terms of Reference with proposed changes

2        Awards Criteria   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Governance Officer   

 

RECOMMENDATION SUMMARY

That Council resolve to:

·    consider and recommend changes to the Terms of Reference for the Australia Day Awards Committee;

·    commence an Expression of Interest process for Community Representatives to the Committee; and

·    ratify the Award categories for 2020.

KEY FACTS AND / OR ISSUES

·    The Committee has found that Award recipients have not always been able to participate on the Committee due to various personal reasons and other commitments.

·    Two Community Representative positions are currently vacant and require a public Expression of Interest process to commence to seek nominations for these positions.

 

 

 

 

Report

Background

The current City of Whittlesea Australia Day Awards Committee Terms of Reference were first adopted by Council on 15 March 2011 and amended on 18 December 2017.

Since the adoption of the Terms of Reference the Committee has undertaken the successful conduct of the City of Whittlesea Australia Day Awards annually.

Membership

Currently the Committee comprises of the following representatives:

a)   Two Councillor representatives (Mayor of the Day and one other Councillor);

b)   Award recipients for the most recent year;

c)   Award recipients for the previous year; and

d)   A minimum of three and maximum of five community representatives appointed for a fixed term. There is one appointment for a term of four years, two appointments for a term of three years and two appointments for a term of two years. At the first Committee meeting after their appointment the specific term of a community member is determined by lot.

Participation of Award Recipient on the Committee

The Australia Day Awards Committee reviewed the Terms of Reference to address participation of Award recipients on the Committee.

The Committee found that Award recipients have not always been able to participate on the Committee due to various reasons including a recipient’s age, ill health, work, study and/or family commitments.  For example, the young recipient of the year may be too young to independently participate in the Committee without a parent or guardian present.  The Committee understands that this may be an unreasonable expectation for a young person and their parent or guardian and proposes in this circumstance that the young person not be required to join the Committee.

The Committee proposes that when Award recipients are invited to join the Committee there is an option to opt out.  If they opt out, it is proposed to advertise the vacant Award recipient position as a Community Representative position for the remainder of the period of the recipient’s term (maximum of two years).

Community Representatives

The Committee comprises of a minimum of three and maximum of five community representatives.  Currently three community representative positions are filled and two are vacant as listed in the table below:

Representative

Year of appointment

Term Duration

Year Term Complete

Mahendra Sukhdeo

2017

3 years

2020

Lillian McClelland

2017

3 years

2020

Michelle Williams

2017

4 years

2021

Vacant Position

2019

2 years

2021

Vacant Position

2019

2 years

2021

The Committee proposes to seek expressions of interest from the public to fill the vacant community representative positions listed in the table below.

As noted above it is possible there will be more than 5 Community member representatives on the Committee if one or more Award recipients decline the offer to participate in the Committee.  In that instance their position converts to a community representative position for the balance of the Award recipient’s term.

Councillor Representatives

The Australia Day Awards Committee also proposes to change the membership of the Councillor Representatives to remove reference to the Mayor of the Day being one of the two Councillor representatives, so that any two Councillors can be nominated to the Committee.

Chairperson

The Australia Day Awards Committee proposes that reference to the term “Chairman” be replaced with the term “Chairperson” in the Terms of Reference (Attachment 1).

Award Categories

The Australia Day Awards Committee proposes the same Award categories for 2020 (and subsequent years) as follows:

1.   Citizen of the Year;

2.   Access & Inclusion Citizen of the Year;

3.   Senior Citizen of the Year; and

4.   Young Citizen of the Year.

Based on the draft Awards Criteria attached (Attachment 2).

In the current year a minimum age restriction of 12 years old was placed on the Young Citizen of the Year category.  It is proposed that this age restriction be removed from this Award category, however that this age restriction be retained for participation on the Committee, as it is unlikely that a young person could participate on the Committee independently without the supervision of a parent or guardian.

Consultation

The Australia Day Awards Committee is required to review its Terms of Reference annually.  The Terms of Reference were last amended on 18 December 2017 when the membership of the Committee was changed to provide for the Mayor and one other Councillor to be the two Councillor representatives instead of the Mayor and immediate past Mayor.

Financial Implications

There are no cost implications for the relevant budget.  The costs associated with the conduct of the Awards process overseen by the Committee are included 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                        Our voice is reflected through inclusive Council decision making processes

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

It is recommended that Council consider the recommend changes to the Terms of Reference for the Australia Day Awards Committee as outlined in Attachment 1 and ratify the Award categories and criteria for 2020 as outlined in Attachment 2.  It is also recommended that Council commence an Expression of Interest process for Community Representatives to the Committee.

 

RECOMMENDATION

THAT Council resolve to:

1.       Amend the Terms of Reference to replace reference to the term “Chairman” with the term “Chairperson”;

2.       Membership of the new Committee is to be:

a)   Two Councillor representatives:

i.    Reference to the Mayor of the Day being one of the two Councillor representatives is to be removed and that any two interested Councillors can be nominated.  This change is to take effect from the next annual appointment of Councillors to organisations and committees on 12 November 2019.

b)   Award recipients for the most recent year:

i.    Award recipients for the most recent year are to be invited to join the committee and provided with the option of opting out of the committee.  If this option is selected the Award recipient’s position is to be advertised as a Community Representative position for the duration of the Award recipient’s term (a maximum of two years).

c)   Award recipients from the previous year:

i.    Award recipients from the previous year are to be consulted by letter and provided with the option of opting out or continuing on the committee.  If the option to opt out is selected the Award recipient’s position is to be advertised as a Community Representative position for the duration of the Award recipients term (a maximum of one year).

d)   A minimum of three and maximum of five community representatives for a fixed term, the term is determined by lot.

As reflected in the draft terms of reference attached (Attachment 1).

3.       Seek expressions of interest from the public to fill vacant community representative positions for the terms listed in the table below:

Community Representative Positions

Term Duration

Year Term Complete

Vacant Position

2 years

2021

Vacant Position

2 years

2021

4.       Seek expressions of interest from the public to fill any vacancies that may arise following consultation with Award recipients;

5.       Determine appointments of community representatives to vacant positions following the public Expression of Interest process at a future Council Meeting; and

6.       Provide Award categories for 2020 (and subsequent years) as follows:

a)      Citizen of the Year;

b)      Access and Inclusion Citizen of the Year;

c)      Senior Citizen of the Year; and

d)      Young Citizens of the Year;

Based on the draft Awards Criteria attached (Attachment 2).

Council Resolution

Moved:                       Cr Sterjova

Seconded:               Cr Monteleone

 

THAT Council resolve to adopt the Recommendation.

                                                                                                                                Carried

 


Ordinary Council Minutes                                                                                   Tuesday 2 April 2019

 

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Ordinary Council Minutes                                                                                   Tuesday 2 April 2019

 

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Ordinary Council Minutes                                                                                   Tuesday 2 April 2019

 

6.1.2      335-355 O'Herns Road, Epping - Amendment to Planning Permit No. 709220 to increase hours of operation for the concrete crushing plant

Attachments:                        1        Locality Maps

2        Acoustic Assessment   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Principal Planner   

 

APPLICANT:                                  Aurora Construction Materials

COUNCIL POLICY:              22.08     Material Recycling Centres Policy

ZONING:                               Farming Zone (FZ)

Special Use Zone (SUZ4)

OVERLAY:                            Not applicable

 

REFERRAL:                          VicRoads (Section 52 referral)

EPA (Section 52 referral)

OBJECTIONS:                      Three

RECOMMENDATION SUMMARY

That Council resolve to approve the Application to Amend Planning Permit No. 709220 and issue a Notice of Decision to Grant an Amendment to a Permit for the proposed increased hours of operation for the concrete crushing plant.

KEY FACTS AND / OR ISSUES

·        The application seeks to amend Condition No. 10 of Planning Permit No. 709220 to increase the hours of operation for the concrete crushing plant to 5.30am – midnight, Monday to Friday and 5.30am – 6.00pm on Saturdays.

 

·        Current hours of operation for the concrete crushing plant are 5.30 am to 5.00pm, Monday to Friday (non-daylight saving times); and 5.30am to 6.00pm, Monday to Friday (during daylight saving), as well as 5.30am to 1.00pm, Saturdays.

 

·        Three objections have been received, predominantly raising concerns related to additional noise and dust nuisance, and increased traffic in O’Herns Road and surrounding roads.

 

·        The extension of hours of operation is considered appropriate subject to the inclusion of additional management conditions, and continued compliance with existing permit conditions to control off site impacts from activities on the site.

 

Report

SITE AND SURROUNDING AREA (Including Background)

 

The subject site comprises two parcels located on the southern side of O’Herns Road, to the west of the Hume Freeway, in Epping.  The site has an overall area of 49.2ha and is part of Whittlesea City Council’s former Cooper Street No. 2 landfill site.  The applicant has a lease agreement with Council that expires in October 2022 and allows the construction and operation of a rock recycling and concrete batching facility.

 

Planning Permit No. 709220 was issued at the direction of the Victorian Civil and Administrative Tribunal on 4 October 2006 for the use and development of:

 

(i)      a concrete batching plant, and

(ii)      a materials recycling/crushing facility which includes one crushing unit comprising a primary, secondary and tertiary crusher.

 

The permit was issued as a temporary permit, with all uses to cease on the site by 4 October 2021.

 

The surrounding locality is characterised by a range of uses, including farming uses to the north, quarrying to the west, rural and industrial to the east, with the closest residential properties, located approximately 1km to the north-east. 

 

Proposal

 

Planning Permit No. 709220 was issued on 4 October 2006 and amended on 5 May 2009, 23 April 2010 and 22 November 2010.  Condition No. 7 requires uses authorised on the site to cease no later than 15 years after the permit issue date, being 4 October 2021.

 

It has been predicted that Melbourne will face construction material shortages during the forecast infrastructure boom.  The permit holder seeks to amend the operating hours of the existing concrete crushing plant to increase their supply ability in an attempt to reduce unfavourable outcomes of a shortage.

 

The application seeks to amend Condition No. 10 to increase hours of operation for the concrete crushing plant to 5.30am – midnight, Monday to Friday and 5.30am – 6.00pm on Saturdays.  The current hours of operation for the concrete crushing plant are 5.30 am to 5.00pm, Monday to Friday (non-daylight saving times); and 5.30am to 6.00pm, Monday to Friday (during daylight saving), as well as 5.30am to 1.00pm, Saturdays. 

 

In the period 5.00pm to midnight it is proposed to reduce site activity to only include the crushing plant operation, one machine (front end loader) to feed the plant and one machine (front end loader) to stockpile material.  The application includes an Acoustic Report which concludes that no adverse noise impacts are likely to result, with the site complying with limits set out in State Environment Protection Policy (SEPP) N-1.

 

No outbound sales or inbound truck deliveries are proposed during the period after 6.00pm on weekdays or Saturdays and no changes are proposed for Sundays or Public Holidays.  No changes are proposed to the hours or operation of the concrete batching plant.

 

Condition No. 10(vii) is proposed to be amended and Condition Nos. 10(xx), (xxi) and (xxii) added as follows:

 

 

 

10.     The operation of the uses authorised by the permit must comply with the following requirements:

          …

(vii)    The uses authorised by this permit may operate only between the hours of:

Concrete Batching Plant

·   5.30 am and 5.00pm, Monday to Friday (non-daylight saving times);

·   5.30am and 6.00pm, Monday to Friday (during daylight saving) and 5.30am and 1.00pm, Saturdays.

                   Concrete Crushing Plant

·   5.30am – midnight, Monday to Friday;

·   5.30am – 6.00pm, Saturdays.

          The use, including deliveries and all truck movements to and from the site, must not operate on Sundays or on Public Holidays.

(xx)   Only the following plant shall be allowed to continue operating during the period 6pm-12 midnight weekdays and 1pm6pm Saturday:

a.      Crushing and screening;

b.      Up to two front end loaders

 

(xxi)  No rock breaking or excavation is to occur after 6pm on weekdays and 1pm Saturday.

 

(xxii)  No sales trucks shall be allowed to access the land after 6pm weekdays and 1pm Saturday.

 

restrictions and easements

 

There are no restrictions on title that affect the proposed amendment to Planning Permit No. 709220.

 

Public Notification

 

The application was advertised to a large number of surrounding properties, by letter, notice in the public notice section of the local paper and a sign erected on site.  Advertising of the application has resulted in three objections being received.  The grounds of objection can be summarised as follows:

 

1.       Increased noise levels impacting on health and ability to sleep, in particular from reverse beepers, rock breaking hammers and when the rock is dumped into the crusher. 

2.       Unclear whether amendment affect hours of delivery or the Concrete Batching Plant permit conditions.

3.       Increased vibration, dust and pollution, quality of air will have a detrimental effect on our health and wellbeing.

4.       Increased traffic along O'Herns Road and surrounding roads.

 

PLANNING ASSESSMENT

 

The relevant State and Local planning policies, particular provisions, zoning and overlay controls were previously considered under the original planning permit application.  Whilst the hours of operation for the concrete crushing plant would increase, the purpose and intent of the previously considered planning controls and other relevant legislation and standards are still considered to be satisfied.  A technical assessment and discussion around the merits of the proposed amendment is outlined below:

 

Planning Permit No. 709220 was issued as a temporary permit and expires on 4 October 2021, upon which the uses authorised by the permit are required to cease operation, with all plant, equipment and works to be removed within six months.  The permit holder’s lease agreement with Council ends in October 2022.

 

Increased activities on the site proposed by the amendment application will be limited to concrete crushing for extended hours only, with all other site activities to cease as per the original permit conditions.  Site activity will be limited to concrete crushing, with the use of two front end loaders - one to feed the plant and one to stockpile material. 

 

The increased hours of operation do not allow for additional outbound sales and inbound truck deliveries.  Additionally, the amendment does not impact hours or operation of the concrete batching plant or allow for additional rock breaking or excavation.

 

Any noise generated by the concrete crushing plant during the additional hours of operation, will be required to continue to comply with limits set out in State Environment Protection Policy N-1 (SEPP N-1) with testing and modelling undertaken by the applicant’s acoustic consultant at proximate sensitive land uses (surrounding dwellings) confirming compliance. 

 

Given the site already operates within the defined ‘night period of SEPP N-1, (which has the most stringent noise limits) and continued compliance with these limits, the proposed amendment to hours of operation for the concrete crushing plant is considered to be acceptable. 

 

Due to the temporary nature of the permit and the permit holder’s lease agreement with Council over the land, it is considered that any long term use or future use of the site will not be compromised by the amendment.

 

The existing permit contains a number of conditions relating to the operation of the site, including the implementation of a dust management plan, continued compliance with SEPP N-1 and other noise controls, maintenance and upkeep of O’Herns Road, and conditions relating to drainage, car parking and traffic management, lighting, and vibration.  Compliance with existing permit conditions, as well as the plans and other documentation endorsed under the permit, will ensure the site continues to operate in an appropriate manner, whilst minimising impacts on the surrounding locality.

 

Comments on Grounds of Objection

 

Increased noise levels impacting on our health and ability to sleep, in particular from reverse beepers, rock breaking hammers and when the rock is dumped into the crusher

 

An addendum to the acoustic report submitted with the application demonstrates that the relevant noise levels for the nearest residential property are approximately 10 dB(a) less than the allowable noise limit.  Noise levels from the rock crusher will not generate noise levels above the permissible noise levels under SEPP - N1.

 

There are no ‘reverse beepers’ proposed to be used on the site during the extended hours.  The proposal does not include sales trucks which would be the only vehicles with beeper alarms. Additionally, there are no ‘rock breakers’ proposed to be used on the site during the extended hours.  Based on the monitoring and noise modelling carried out, noise levels would comfortably comply with the relevant noise policies at the objectors properties.

 

The subject site is within proximity of the Hume Freeway and noise from the proposal is expected to be inaudible because of this.  On this basis, no adverse health or sleep disturbance is expected from the proposal.

 

Unclear whether amendment affect hours of delivery or the Concrete Batching Plant permit conditions

 

The proposed amendment seeks extended hours for the crushing of rock until midnight on Mondays to Fridays and on Saturdays until 6:00pm. No other change is proposed to any of the other activities on site.  Accordingly, there will be no delivery of raw material or carting out from the site of concrete beyond the already permitted hours.

 

Increased vibration, dust and pollution, quality of air will have a detrimental effect on health and wellbeing

 

A recycling and concrete batching plant has potential to generate dust.  This dust, whether from cement, sand or aggregate, will contain fine particles that need to be controlled to protect offsite amenity.  Condition No. 30 of Planning Permit No. 709220 required the submission of a Dust Management Plan which provides for water, internal roads, water trucks, front end loaders, vehicles leaving the site, stockpiles, crushing plant, management and climatic conditions.  A Dust Management Plan was approved by Council and the EPA and endorsed under the permit.  The Dust Management Plan is required to be implemented under Condition No. 31 of the permit.  It is envisaged that additional dust nuisance as a result of the extended hours of operation will be minimal; however the endorsed dust management will readily address any inappropriate dust nuisance and can be enforced if necessary.

Additionally, Condition No. 11 of the permit requires the amenity of the area not to be detrimentally affected through the emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil. 

Increased traffic along O'Herns Road and surrounding roads

The proposed amendment does not seek to extend the time for delivery of raw materials or carting out of concrete and accordingly no additional truck movements to and from the site are anticipated. Increased traffic associated with the increased hours of operation is considered to be minimal.

 

REFERRALS

 

Environment Protection Authority

 

Notice of the application was given to the Environment Protection Authority Victoria (EPA).  The EPA’s response is summarised as follows:

 

EPA has no concern with Council issuing this planning permit according to the information that has been provided.  However, we recommend Council considers the following conditions for inclusion in the planning permit:

 

 

 

The permit holder must ensure that no emissions of noise and/or vibrations from the premises which are detrimental to either of the following:

 

(a)     The environment in the area around the premises; and

(b)     The wellbeing of persons and/or their property in the area around the premises.

 

Noise is considered to be the primary environmental risk posed by this proposal. The Applicant has submitted an acoustic assessment prepared by Octave Acoustics dated 14 September 2018. EPA has not undertaken a comprehensive technical review of the methodology or findings of the acoustic assessment, however considering that the premises already operates within the defined ‘night’ period of State Environment Protection Policy N-1 (most stringent limits) and the lack of pollutions attributed to the site, the proposal is acceptable.

 

The acoustic assessment recommends three permit conditions to limit operations to those that were assessed in the acoustic report to demonstrate compliance with SEPP N-1.  Council should include these recommendations, or similar, to control activities at the site to those that comply with SEPP N-1.

 

The condition recommended by EPA is generally addressed by existing Condition No. 11 of the permit which requires that the amenity of the area not be detrimentally affected by the use or development through the transport of materials, goods or commodities to and from the land; appearance of any building, works or materials; emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or the presence of vermin.

 

The conditions recommended by the applicant’s acoustic consultant should be included in any amended permit that issues.

 

VicRoads

 

Notice of the application was given to VicRoads.  VicRoads had no objection to the proposal.

Declarations of Conflicts of Interest

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

 

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

Conclusion

The application has been assessed against the planning zone provisions and other relevant planning provisions, including the Planning Policy Framework of the Whittlesea Planning Scheme, and is considered to be consistent with the relevant policies and strategies of the Planning Scheme.  It is considered that the proposed amendment to Condition No. 10 to increase the hours of operation for the concrete crushing plant is appropriate and will not result in detrimental impacts on the surrounding area.  Therefore, it is recommended that an amended Planning Permit be issued.

 

Recommendation

THAT Council resolve to approve the Application to Amend Planning Permit No. 709220 and issue a Notice of Decision to Grant an Amended Permit to amend Condition No. 10 to increase the hours of operation for the concrete crushing plant in accordance with the endorsed plans and subject to the following amendments:

1.       Amendment to Condition No. 10 as follows:

          - Split (vii) into two parts (underline used to highlight changes):

 

(vii)   The uses authorised by this permit may operate only between the        hours of:

 

         Concrete Batching Plant

 

·         5.30 am and 5.00pm, Monday to Friday (non-daylight saving times);

·         5.30am and 6.00pm, Monday to Friday (during daylight saving) and 5.30am and 1.00pm, Saturdays.

 

 

Concrete Crushing Plant

 

·         5.30am – midnight, Monday to Friday;

·         5.30am – 6.00pm, Saturdays.

        

         The use, including deliveries and all truck movements to and from the site, must not operate on Sundays or on Public Holidays.

 

          - Add the following three conditions as recommended by the acoustic expert:

                  

(xx)   Only the following plant shall be allowed to continue operating during the period 6pm-12 midnight weekdays and 1pm6pm Saturday:

 

a. Crushing and screening;

b. Up to two front end loaders

 

                             (xxi)  No rock breaking or excavation is to occur after 6pm on weekdays                                    xxxxxand 1pm Saturday.

 

(xxii) No sales trucks shall be allowed to access the land after 6pm weekdays and 1pm Saturday.

COUNCIL ReSOLUTION

Moved:                       Cr Pavlidis

Seconded:               Cr Alessi

 

THAT Council resolve to defer item 6.1.2 in relation to Planning Application No. 709220 for an amendment to the planning permit to increase hours of operation for crushing associated with the concrete batching plant, to a future Council meeting to allow for further discussions to occur between the permit applicant, operators, Council officers and objectors regarding potential concerns with night time activity.

                                                                                                                                               CARRIED


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Ordinary Council Minutes                                                                                   Tuesday 2 April 2019

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Ordinary Council Minutes                                                                       Tuesday 2 April 2019

 

6.1.3      258 Fifth Avenue Eden Park

Attachments:                        1        Locality map

2        Town Planning Report

3        Site Plan   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Planning Officer   

 

APPLICANT:                                  Beachside Inspections

COUNCIL POLICY:              Nil

ZONING:                               Green Wedge Zone

OVERLAY:                            Restructure Overlay

REFERRAL:                          Sustainability Planning

OBJECTIONS:                      49 Objections & 1 Petition with 51 Signatures (at the time of reporting)

RECOMMENDATION SUMMARY

That Council resolve to approve Planning Permit Application No. 718222 and issue a Notice of Decision to grant a Planning Permit for the Use and Development of a Poultry Farm at 258 Fifth Avenue, Eden Park.  

KEY FACTS AND / OR ISSUES

·    The proposed agricultural use of the land will produce organic free-range eggs, with a maximum of 4800 chickens to be kept on site. The use will begin at a reduced capacity of 1200 chickens, and will gradually increase in a staged process over 2 years. Prior to the commencement of each stage the site must be inspected by a Council Officer to ensure that best practice land management techniques are being adhered to.

·    The development will consist of 4 mobile sheds (9m x 15m), and 5 feed silos (1 at 17 tonnes and 4 at 2 tonnes) to be implemented over time. The sheds are to be relocated fortnightly to ensure that the land is not overgrazed. The sheds will be located a minimum of 100m from nearby dwellings at all times. The approximate location of each shed is shown in Attachment 3.

·    The subject land is a battle-axe lot, 86,900m² in size, and has no clear sightlines from Fifth Avenue.

·    Eggs are to be collected and packaged on site, and exported from the site 1-2 times per week.

·    At the time of reporting, 49 Objections had been received and one petition with 51 signatures, all raising concerns with respect to noise, odour, pests and traffic, decrease in property value, impacts on the environment and the health of residents.

 

Report

SITE AND SURROUNDING AREA

The site is located to the eastern side of Fifth Avenue Eden Park, and is approximately 8.6 hectares (86,900m²) in size (See Attachment 1) The land has been consolidated into a restructured lot in accordance with the Eden Park Restructure Plan. The land forms a battle axe shape, with access from Fifth Avenue. The site features a dwelling and ancillary outbuilding (shed) located nearest the south-west boundary. The site is arranged into approximately 6 fenced grassed paddocks, with two dams, and is bisected diagonally north-west to south-east by a watercourse that terminates at the larger of the two dams. A portion of the north property boundary abuts Barbers Creek. The site slopes downhill from the creek, with a 5-6m fall from the north boundary to the water course in the centre of the site.

The land directly abutting the site is comprised primarily of lots ranging between 40,500m² – 518,000m², while the adjacent land on the west side of Fifth Avenue is primarily comprised of smaller lots of approximately 8000 – 16,000m² (it is however noted that some of these lots are likely to increase in size once consolidated in accordance with the Restructure Overlay). The abutting land directly to the north, south and west feature existing dwellings. The dwelling to the north is approximately 105m from the shared boundary, the dwelling to the south is abutting the boundary and the dwelling to the west is approximately 60m from the shared boundary.

restrictions and easements

The site is formally described as Land in Plan of Consolidation 166711Q.

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

Proposal

The proposal is for the use and development of the land for free range organic egg production.

The development consists of 4 mobile sheds (9m width x 15m length x 3.7m height), and 5 feed silos (1 at 17 tonnes and 4 at 2 tonnes), which are to be constructed in a staged process over two (2) years. Each shed will house a maximum of 1200 chickens, with a maximum of 4800 chickens to be allowed on site at any one time. The sheds will be relocated on a fortnightly basis to provide new grazing areas for the chickens. The sheds will be sustainably powered by solar panels.

The existing shed (11m x 8m) on site nearest the south-west boundary will be utilised as a hatchery, where the chickens are raised to 16 weeks before being transferred to the mobile sheds.

The chickens will be fed organic feed, which will be stored in 2 tonne silos located near each shed, with a larger 17 tonne storage silo to be located near the hatchery. All silos will be fully enclosed and vermin proof. The feed will be delivered to the storage silos every 3-4 weeks.

Any solid waste collected from the sheds will be bagged and sold off-site. Any additional waste will be used to fertilise the soil of pastures, and a ground cover of over 50% is to be maintained.

Eggs produced on site will be packaged and collected from the site by a large transport van 1-2 times per week.

Public Notification

Advertising of the application resulted in 49 objections and 1 petition with 51 signatures being received at the time of reporting. There are exemptions from advertising for low impact poultry farms similar to that proposed, however as no details of the following were provided, advertising needed to occur:

·    The minimum setback requirements shown in Table 1 have not adequately been met.

·    A Nutrient Management Plan was not provided to demonstrate that chickens are kept outdoors on paddocks with a minimum of 50% ground cover; and mobile housing and feeding infrastructure that is relocated at least every two weeks.

It is noted that statements were made by the applicant that these would be complied with, however this could not be confirmed at the time of advertising.

The grounds of objection can be summarised as follows:

1.       Increase in noise and odour

2.       Increase of pests and vermin

3.       Increase of traffic and large vehicular traffic

4.       Decrease in property value

5.       Impacts on the environment

6.       Impacts on health

7.       Impacts on the character of Eden Park

8.       Contravention of the purposes of the Green Wedge Zone

9.       Inappropriate precedent for more “commercial and industrial” buildings in the area

A response to these grounds is provided later within the report. Refer to Attachment 1 for the location of objectors.

PLANNING ASSESSMENT

The application has been assessed against the following relevant policies:

 

State Planning Policies

 

Clause 11.01-1R - Green Wedges – Metropolitan Melbourne

Clause 12.01-1S - Protection of biodiversity

Clause 12.05-1S - Environmentally sensitive areas

Clause 13.07-1S - Land use compatibility

Clause 14.01-1S - Protection of agricultural land

Clause 14.01-1R - Protection of agricultural land - Metropolitan Melbourne

Clause 14.01-2S - Sustainable agricultural land use

Clause 15.01-6S - Design for rural areas

 

Local Planning Policies

 

Clause 21.05 – Environmental and Landscape Values

Clause 21.10 – Economic Development

Clause 22.01 – Environmentally Sustainable Development

 

The proposed poultry farm is considered to be a sustainable agricultural use of the land that meets the objectives of all of the above State and Local planning policies. The sustainable production of food within the Melbourne Metropolitan foodbowl is encouraged and supported on land that can support agricultural production.

 

 

Zoning and Overlay Provisions

 

Green Wedge Zone (Clause 35.04)

 

The subject site is located within the Green Wedge Zone (GWZ). Pursuant to Clause 35.04-1 of the Whittlesea Planning Scheme, a Poultry Farm is a Section 2 – permit required use, therefore a planning permit is required. Additionally, Clause 35.04-5 of the Whittlesea Planning Scheme, states that any buildings and works associated with a Section 2 use require a planning permit.

 

The use of the land is defined as an agricultural use, which is an appropriate and encouraged use within this zone.  The zone encourages sustainable farming activities and productive agricultural uses, and recognises, protects and conserves green wedge land for its agricultural and environmental resources.

 

The site is a consolidated lot of a size that is considered adequate in size to accommodate the proposed use and development. The proposal has generally been sited appropriately from the neighbouring properties and the agricultural use of a small scale Poultry Farm is suitable for a Green Wedge zoned rural area, and would be inappropriate in a built up urban area.

 

The site is screened from Fifth Avenue by several vegetation buffers ensuring minimal visibility of the use.  An Environmental Management Plan (EMP) must be prepared for and approved by Council prior to the commencement of the use. The plan is required to ensure that the Poultry Farm is managed appropriately and will not have any negative impacts on the tributary of the Barbers Creek that traverses the property.  It is noted that a buffer of 30m must be maintained around all dams and waterways on and near the site.

 

There is no vegetation proposed to be removed and both Environmental and Land Management Plans will be required to manage the proposed use and any potential impacts on the environment.  The use will also be required to comply with the Victorian Low Density Mobile Outdoor Poultry Farm Planning Permit Guidelines, prepared by the Victorian State Government (June 2018).

 

The Poultry Farm is not anticipated to detrimentally impact on the existing rural infrastructure. The existing road infrastructure is considered capable of handling an increase in additional vehicle movements associated with the Poultry Farm, given the moderate demands of egg collection and feed importation.

 

Planning Permit conditions will prevent the Poultry farm from expanding or intensifying in the future without further approval and Council will inspect the site prior to the commencement of each stage of development to ensure strict adherence to the Land & Environmental Management Pan and all planning permit conditions.

 

It is considered that the proposed Poultry (egg) farm is in accordance with the purpose and objectives of the Green Wedge Zone.

 

Restructure Overlay (45.05)

 

The subject site is covered by the Restructure Overlay – Schedule 1, which applies the Eden Park Restructured Allotment Plan. The plan identifies old and inappropriate subdivisions which are to be restructured in order to preserve and enhance the amenity of the area and reduce the environmental impacts of dwellings and other development.

 

The subject site has been consolidated in Plan of Consolidation 166711Q (Created 19/07/1991) in accordance with the Eden Park Restructured Allotment Plan.

 

 

Particular Provisions

Poultry Farm (Clause 53.09)

Clause 53.09 of the Whittlesea Planning Scheme relates to Planning Permit applications for the use and development of Poultry Farms. The purpose of the provision is:

To facilitate the establishment and expansion of poultry farms, including broiler farms, in a manner that is consistent with orderly and proper planning and the protection of the environment’.

The Poultry Farm is defined as an Agricultural Land use, which is an expected and encouraged use within land in the Green Wedge Zone. 

The four (4) mobile chicken sheds to be installed on site will be of a relatively low scale and form, and are in keeping with the character of the built form in the Eden Park area. Moreover, the mobile sheds should be only partially visible from the roadway or surrounding properties, as the site is bounded by well-established vegetation buffers that provide extensive screening of the site. A permit condition will also be applied requiring the planting of additional trees to fill in any gaps in the screening vegetation, and in particular, to provide natural screening of the site from the dwelling to the immediate south.

The maximum height of the four (4) mobile sheds will be 3.7 metres, which is considered suitable for the location, however a permit condition will be applied requiring elevation plans of the proposed silos on site to ensure they are designed and constructed to Council’s satisfaction.

The planning permit conditions to be imposed will assist in managing the amenity of neighbouring properties, however it must be noted that this is not a residential area, rather a rural area where agricultural uses are encouraged.  A risk assessment and waste management plan will need to be submitted to Council’s satisfaction prior to the commencement of the use, and no activities relating to the poultry farm shall be conducted within the buffer distance designated in the Victorian Low Density Mobile Outdoor Poultry Farm Planning Permit Guidelines.

A Nutrient Management Plan must also be prepared to the satisfaction of Council prior to the use commencing to ensure the land is appropriately managed.

The proposal, subject to some conditions, provides an acceptable response to this provision and it is noted that had some of the additional information been supplied earlier, the application would have been exempt from advertising as a low impact use.

Comments on Grounds of Objection

1.       Increase in noise and odour

The noise that would be generated by the proposal is considered acceptable for an agricultural use within the Green Wedge Zoned area, and in considering the distance of nearby dwellings. Objective 3 of the Victorian Low Density Mobile Outdoor Poultry Farm Planning Permit Guidelines (Victoria State Government June 2018; and hereafter referred to as “the Guidelines”) addresses impacts to community amenity. The site location, design and farm management of the low density mobile outdoor poultry farm protects the community from odour, dust and other amenity impacts. The proposal meets Standard 3.1 (Separation Distances) of the Guidelines, in providing a minimum 100 metre buffer to sensitive land uses. It is noted that the hatchery located near the south-west boundary is located nearer to the neighbouring dwelling than the required 100 metres. A condition will be included on the permit requiring the relocation of the hatchery, or limiting the number of chickens in the hatchery to below 1000, which will reduce the mandatory separation distance to 50 metres and ensure compliance with the standard.

 

A risk assessment and waste management plan must be conducted and prepared by the applicant and provided to the satisfaction of the Responsible Authority prior to the commencement of the use and development. The assessment and waste management plan will ascertain the emissions (noise & odour) from the Poultry Farm, and provide methods to contain and prevent any such emissions. Once operating, if the responsible authority determines that the amenity of the nearby residents is adversely affected by the emission of an unreasonable level of odour, dust, or noise from the site, the operator must immediately, and to the satisfaction of the responsible authority, take action to prevent those emissions, which may include adjusting stocking density, greater separation distances between the poultry and residents, or any other actions reasonably required to rectify the unreasonable emissions.

 

2.       Increase of pests and vermin

The chicken feed storage silos on site will be fully enclosed and made vermin and pest safe. Birds may be housed overnight for protection from predators in accordance with the Guidelines. A condition will be applied to the permit that will stipulate that the use must not cause detriment by the presence of vermin on site, as is standard practice.

 

3.       Increase of traffic and large vehicular traffic

The site will be accessed by a large van once or twice per week to collect packaged eggs, and chicken feed will be delivered to the farm every 3-4 weeks. This number of vehicle movements is considered minimal and suitable for the area, and the road is capable of supporting the increased vehicle movements.

 

4.       Decrease in property value

The Victorian Civic and Administrative Tribunal has consistently held on many occasions that property values are not a relevant planning consideration. 

 

5.       Impacts on the environment

An Environmental Management Plan (EMP) must be provided to Council prior to the commencement of the use and development. The EMP must be to the satisfaction of Council, and must address the Guidelines. The guidelines state that:

 

Low density mobile outdoor poultry farms are a type of outdoor poultry production system which, if well managed, presents very low environmental and amenity risks.

 

Concerns have also been raised in relation to the site’s proximity to Barber’s Creek to the north. It is noted that the topography of the site falls 5-6 metres to the south; therefore the potential for runoff from the site to reach the creek is considered unlikely.

 

6.       Impacts on health

Biosecurity measures to be undertaken on the farm are set by Egg Standards Australia, who will be undertaking regular audits of the farm to ensure that all standards and measures are being adhered to. A Biosecurity plan must also be prepared by the applicant, and approved by Council prior to the commencement of use and development.

 

7.       Impacts on the character of Eden Park

Eden Park is zoned Green Wedge which supports sustainable productive agricultural uses and farming activities such as that proposed.  Subject to management conditions that protect and conserve the biodiversity and rural character of the area, the proposal will have minimal impact on the character of Eden Park as a semi rural, farming and agricultural area.

 

8.       Contravention of the purposes of the Green Wedge Zone

The proposed use and development is considered suitable pursuant to the purpose of the Green Wedge Zone, specifically:

-      To provide for the use of land for agriculture;

-      To encourage sustainable farming activities and provide opportunity for a variety of productive agricultural uses;

-      To encourage use and development that is consistent with sustainable land management practices.

          As noted above, this is an expected use within the zone.

 

9.       Inappropriate precedent for more “commercial and industrial” uses in the area

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

 

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, Clause 35.04, Clause 45.05, Clause 53.09 and the Planning Policy Framework. The proposal demonstrates a satisfactory level of compliance, subject to minor modifications. The proposal is in keeping with the agricultural and rural character of the Eden Park area and it is considered that the proposal will not have a detrimental impact on the surrounding area.  Accordingly, approval of the application is recommended.  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Recommendation

THAT Council resolve to approve Planning Application No. 718222 and issue a Notice of Decision to Grant a Permit for the Use and Development of a Poultry Farm in accordance with the endorsed plans and subject to the following conditions:

Plans Required

1.       Before the use or development hereby permitted starts, 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 to Council on 12 December 2018 but modified to show:

 

a.         Vegetation buffer to east boundary to provide natural filtration in the event that there is any groundwater runoff;

b.         Screening planting, planted at a mature height of 2.0m along the south boundary of the site, to screen the site from the dwelling to the south;

c.         The hatchery building located a minimum of 100 metres from the nearest neighbouring dwelling;

d.         A clear outline of the areas where chickens will be permitted to roam, with a minimum 100 metre buffer distance from neighbouring dwellings;

e.         The location of all feed storage silos;

f.          Elevation drawings of all silos - including heights;

g.         A 30 metre buffer zone to all dams and waterways; and

h.         Sediment fences to protect all dams and waterways from runoff water pollution.

 

2.       Before the use or development hereby permitted starts, a Land Management Plan must be submitted to and approved by the Responsible Authority. The plan must be prepared by a suitably qualified professional to the satisfaction of the Responsible Authority.

 

The approved Land Management Plan must be carried out and completed to the satisfaction of the Responsible Authority. The land must continue to be used in accordance with the approved Land Management Plan unless amended to the satisfaction of the Responsible Authority.

 

3.       Before the use or development hereby permitted starts, an Environmental Management Plan must be submitted to and approved by the Responsible Authority. The plan must show:

-     The presence of any native flora & fauna on site; and,

-     Measures to prevent the proposed use and development from adversely affecting any native flora & fauna.

        The land must continue to be used in accordance with the approved Environmental Management Plan unless amended to the satisfaction of the     Responsible Authority.

 

4.       Before the use or development hereby permitted starts, a Nutrient Management Plan must be submitted to and approved by the Responsible Authority. The plan must be prepared by a suitably qualified professional to the satisfaction of the Responsible Authority.

          The endorsed Nutrient Management Plan must not be amended without prior written consent of the Responsible Authority.

5.       A Risk Assessment, to detail the likely emissions (noise & odour) from the Poultry Farm, including methods to contain and prevent any such emissions.

6.       Before the use or development hereby permitted starts, a Waste Management Plan must be prepared to the satisfaction of the Responsible Authority. The Plan must provide the following details of a regular private waste (including recyclables) collection service for the subject land including:-

 

-        The type/s and number of waste bins;

-        Screening of bins;

-        Type/size of trucks;

-        Frequency of waste collection;

-        Hours of collection (to comply with EPA Regulations); and,

-        Any chicken waste that is to be bagged must not be stored on site in excess of 24 hours after being bagged. During this time the bagged waste must be stored in an enclosed area, and it must be demonstrated how odour will be contained. Bagged waste must not be stored within 100m of neighbouring dwellings.

        The endorsed Waste Management Plan must not be amended without prior   written consent of the Responsible Authority.

Layout Not Altered

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

8.       The site must be inspected by a Council Land Management & Biodiversity officer, and written approval provided prior to the use of each additional mobile shed on site.

9.       Once the use and development have started they must be continued and completed to the satisfaction of the Responsible Authority. 

Use Conditions

10.     Unless with the prior written consent of the Responsible Authority, deliveries to and from the site (including waste collection) must only take place between the following hours:

          Monday - Friday 8.00am – 6:00pm

          Saturday – Sunday 9:00am – 3:00pm

11.     Eggs must not be exported from the site in excess of 2 times per week.

12.     Feed may only be delivered to the site once every 3 weeks.

13.    The maximum number of chickens on site at any one time must not exceed 4800.

14.     A minimum 50% ground cover must be maintained in the fenced areas where chickens are contained.

15.     Mobile chicken enclosures to be relocated fortnightly, must not be located within 100 metres of neighbouring dwellings.

General amenity

 

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

 

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

b.         Appearance of any building, works or materials;

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

d.         Presence of vermin.

 

 

17.      No native vegetation, other than that shown on the endorsed plan, shall be          destroyed, felled, lopped, ring barked or uprooted, without the consent of the         Responsible Authority.

 

18.     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). 

 

19.     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 reinstated to the satisfaction of the Responsible Authority.  All vehicle crossing works are to be carried out with Council supervision under a Road Opening Permit.

 

20.     All access ways shall be constructed and maintained to the satisfaction of the       Responsible Authority.

 

21.     All batters resulting from excavation or filling shall be properly stabilised and vegetated to prevent erosion.

 

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

 

23.     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.

 

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

 

25.  Goods must not be stored or left exposed outside the building so as to be visible from any public road or adjoining site, to the satisfaction of the Responsible Authority.

 

26.  Before the use starts, a sediment fence shall be marked on a plan and erected to ensure that sediment is contained within the subject site. The sediment fence shall be maintained in good condition to the satisfaction of the Responsible Authority until the completion of the construction works on the site.

 

27.  The sediment fence shall be constructed of a geotextile filter fabric approved by the Responsible Authority and erected to a height of 700mm with an additional 200mm buried and compacted into an upstream trench.

 

Permit Expiry

 

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

 

(a)     the development or any stage is not completed within four years after the issue of the permit;

(b)     the use does not start within two years after completion of the development; or,

(c)     the use is discontinued for a period of two years.

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:

Noise Control

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

MOTION

Moved:                       Cr Joseph

Seconded:               Cr Sterjova

 

THAT Council resolve to defer the item and that a further report be prepared and presented at a future Council Meeting which includes detailed assessments of the following matters prior to Council considering the application:

1.    Provision of a detailed and to scale plan of the complete operation including siting of all sheds and other infrastructure;

2.    A fully detailed land management plan;

3.    A fully detailed Environmental Management plan;

4.    A fully detailed Nutrient Management Plan;

5.    A fully detailed Risk Assessment report including likely emission of noise and odour and the proposed containment of such;

6.    A fully detailed Waste Management Plan;

7.    A fully detailed report on the impact of Aboriginal Overlay; and

8.    A fully detailed Traffic Management Plan including potential physical impacts on local roads.

 

 

 

 

 

EXTENSION OF SPEAKING TIME

Moved:                       Cr Kelly

Seconded:               Cr Lalios

 

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

                                                                                                                                    CARRIED

AMENDMENT

Moved:                       Cr Kirkham

Seconded:               Cr Kelly

 

THAT the motion be amended to include an additional point 9, to read as follows:

9.    Should the applicant appeal the matter to VCAT that Council will determine and represent its position relating to the application to VCAT.        

                                                                                                                                   CARRIED

 

Division

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

 

For

Cr Pavlidis

Cr Kirkham

Cr Alessi

Cr Kelly

Cr Lalios

Cr Desiato

Cr Sterjova

Cr Joseph

Against

Cr Monteleone

Abstained

Cr Cox

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

carried

 

EXTENSION OF SPEAKING TIME

Moved:                       Cr Kirkham

Seconded:               Cr Joseph

 

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

                                                                                                                                    CARRIED

 

 

The Amendment was put and carried and became the substantive motion. The Substantive Motion was then put and carried.

SUBSTANTIVE MOTION

Moved:                       Cr Joseph

Seconded:               Cr Sterjova

 

THAT Council resolve to defer the item and that a further report be prepared and presented at a future Council Meeting which includes detailed assessments of the following matters prior to Council considering the application:

1.    Provision of a detailed and to scale plan of the complete operation including siting of all sheds and other infrastructure;

2.    A fully detailed land management plan;

3.    A fully detailed Environmental Management plan;

4.    A fully detailed Nutrient Management Plan;

5.    A fully detailed Risk Assessment report including likely emission of noise and odour and the proposed containment of such;

6.    A fully detailed Waste Management Plan;

7.    A fully detailed report on the impact of Aboriginal Overlay; and

8.    A fully detailed Traffic Management Plan including potential physical impacts on local roads; and

9.    Should the applicant appeal the matter to VCAT that Council will determine and represent its position relating to the application to VCAT.

                                                                                                                                  CARRIED

 

 

Division

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

 

For

Cr Pavlidis

Cr Kirkham

Cr Alessi

Cr Kelly

Cr Lalios

Cr Desiato

Cr Sterjova

Cr Joseph

Against

Cr Monteleone

Abstained

Cr Cox

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

carried

 

 


Ordinary Council Minutes                                                                       Tuesday 2 April 2019

 

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Ordinary Council Minutes                                                                                   Tuesday 2 April 2019

 

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Ordinary Council Minutes                                                                                                                                                                                                                                                                                  Tuesday 2 April 2019

 


Ordinary Council Minutes                                                                                  Tuesday 2 April 2019

 

6.1.4      69 Coulstock Street Epping - Planning Permit Application No. 716968-02 - Amend Planning Permit No. 716968 to Use the Land for a Funeral Parlour

Attachments:                        1        Locality Maps   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Senior Planner   

 

APPLICANT:                         Alawi Islamic Association of Victoria 

COUNCIL POLICY:               Nil

ZONING:                                Activity Centre Zone – Schedule 1

OVERLAYS:                          Development Contributions Plan Overlay – Schedules 3 and 14

Parking Overlay – Schedule 1

REFERRALS:                        Nil

OBJECTIONS:                      Advertising exempt – Four submissions received

RECOMMENDATION SUMMARY

That Council resolve to approve Planning Permit Application No. 716968-02, and issue an Amended Planning Permit for the use of a funeral parlour, buildings and works and a reduction of car parking requirements associated with a place of assembly, at 69 Coulstock Street, Epping.  

KEY FACTS AND / OR ISSUES

·    The proposal seeks to amend Planning Permit No. 716968 to allow for a funeral parlour use to operate from the land, in conjunction with the existing Place of Assembly and parking reduction previously approved.

·    Advertising of the application is exempt, however notices were sent out to neighbouring properties resulting in four submissions being received opposing the proposal on grounds relating to; lack of car parking spaces, complaints of noise and traffic from existing uses, a funeral parlour being at odds with existing residential uses, noise from the funeral parlour and decreased property values. 

·    The proposal demonstrates a satisfactory level of compliance with the Activity Centre Zone and subject to the provision of a Patron Management Plan, the proposal is unlikely to have a negative impact on the surrounding area and it is therefore recommended the application be approved subject to conditions. 

 

Report

SITE AND SURROUNDING AREA

The subject site is located within the Epping Central Metropolitan Activity Centre on the southern side of Coulstock Street, approximately 850m northwest of Epping Railway Station (see Attachment 1)

The subject site is regular in shape and has a northern frontage of 55.0m to Coulstock Street, an eastern frontage of 25.4m to Coulstock Street and a total site area of 1,397.3m².  The site currently contains a double storey commercial building, which is occupied by the Alawi Islamic Association of Victoria as a place of assembly.  Vehicle access to the subject site is from both the northern and eastern sides of Coulstock Street, which leads to eleven car parking spaces, including one disabled car parking space.   

Directly to the north of the subject site is Coulstock Street and the Epping Hotel.  Coulstock Street contains 57 car parking spaces, with sixteen directly in front of the subject site.  While the Epping Hotel contains 40 car parking spaces on its site.  Directly to the east of the subject site are commercial buildings fronting the southern side of Coulstock Street and High Street, with informal car parking arrangements at the rear of the buildings.  Directly to the south of the subject site is a Council owned public car park, which contains 33 car parking spaces.  Finally, directly to the west of the subject site is a vacant parcel of land fronting Wedge Street.      

The immediate area contains a combination of commercial buildings fronting High Street and part of Coulstock Street, single and medium density residential developments fronting Rufus, Coulstock and Wedge Streets and industrial developments fronting Miller Street. 

background

Planning Permit No. 716968 was issued on 22 June 2018 and allows for buildings and works and a reduction of car parking requirements associated with a place of assembly on the subject site.  Condition No. 14 of the Planning Permit limits the use of the subject site to 90 patrons at any one given time. 

restrictions and easements

The subject site is legally described as Lot No. 1 on Plan of Subdivision No. 146528F.  The subject site is not covered by any Restrictive Covenants, Section 173 Agreements or easements.  

Proposal

The proposal seeks to amend Planning Permit No. 716968 to allow for a funeral parlour use to operate from the land, in conjunction with the existing place of assembly and parking reduction previously approved.

Funeral services are likely to occur once a month, with a maximum of 90 patrons across the funeral parlour and place of assembly uses.  Funeral services will typically occur between 10:00am and 1:00pm, however the proposal seeks hours of operation from 9:00am to 5:00pm, seven days a week.  No additional buildings or works are proposed as part of the current amendment application.    


 

Public Notification

Notification of the application is exempt within the Activity Centre Zone and due to a change of use usually being required to be advertised, in addition to the complex exemption requirements, notice was ultimately given to neighbouring properties.  This resulted in four submissions being received that objected to the proposal on the grounds detailed below.  Although those who submitted have no planning rights in the process, their concerns have been taken into account as part of the decision making process and a response to their concerns is provided later within the report.

Grounds within the submissions included:

1.       Lack of car parking spaces;

2.       Complaints of noise and traffic from existing uses;

3.       A funeral parlour being at odds with existing residential uses;

4.       Noise from the funeral parlour; and

5.       Decreased property values.

PLANNING ASSESSMENT

Planning Policy Framework

Relevant Planning Policy Frameworks include:-

·    Clause 11.03-1S - Activity Centres;

·    Clause 11.03-1R – Activity Centres – Metropolitan Melbourne;

·    Clause 13.05-1S – Noise Abatement;

·    Clause 13.07-1S – Land Use Compatibility;

·    Clause 17.01-1S – Diversified Economy;

·    Clause 17.01-1R – Diversified Economy Metropolitan Melbourne;

·    Clause 17.02-1S – Business; and 

·    Clause 21.10 – Economic Development.   

Epping Central is one of eleven Metropolitan Activity Centres across Melbourne, whereby a range of land uses to service the wider community is highly encouraged.  The proposed funeral parlour is generally in accordance with this planning direction for the State.

The Planning Policy Framework also seeks to ensure that community amenity is not reduced by noise emissions.  The proposed funeral parlour must comply with the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2, which should be addressed as a condition on any permit issued.

Finally, the proposed funeral parlour will provide a service required by the local community and will provide jobs within the area.   

Activity Centre Zone – Schedule 1

A planning permit is required to use the land as a funeral parlour.

Relevant purposes of the Activity Centre Zone include to:-

·    Encourage a mixture of uses and the intensive development of the activity centre as a focus for business, shopping, working, housing, leisure, transport and community facilities; and 

·    Significantly increase the provision of community services and facilities that respond to the needs of existing and future residents of all cultural backgrounds, life stages and abilities. 

The subject site is located within Precinct 1A of the Epping Central Framework Plan.  Relevant precinct objectives include to:-

·    Develop Precinct 1 as a high-change, mixed use precinct; and

·    In Precinct 1A, to encourage increased provision of business uses on the ground floor with office and residential uses above. 

The proposed funeral parlour will be located on the ground floor of the existing building.  The proposed hours of operation will be limited to 9:00am to 5:00pm, seven days a week.  These hours of operation are complementary to surrounding commercial uses, particularly the Epping Hotel, which is likely to have peak patron numbers outside these times.  The proposed hours of operation and associated noise will be limited to daytime hours, which is reasonable for the amenity of the existing commercial and partially residential area. 

Development Contributions Plan Overlay – Schedules 3 and 14

As the current application does not propose any buildings and works, the Development Contributions Plan Overlay – Schedules 3 and 14 is not applicable. 

Parking Overlay – Schedule 1

As the current application does not propose to increase the overall number of patrons on the subject site from the existing approval of 90 patrons, the Parking Overlay – Schedule 1 and Clause 52.06 – Car Parking are not applicable. 

Comments on Grounds of Objection

A response to the concerns raised within the submissions is provided below and whilst it is noted that the submitters do not have appeal rights in the process, their concerns have still been considered and informed the assessment and recommendation.

1.    Lack of car parking spaces

Planning Permit No. 716968 was issued on 22 June 2018 and allows for buildings and works and a reduction of car parking requirements associated with a place of assembly on the subject site.  Condition No. 14 of the Planning Permit limits the use of the subject site to 90 patrons at any one given time.  The current application seeks to also use the subject site for a funeral parlour, noting the maximum number of patrons associated with both the place of assembly and funeral parlour uses will not exceed 90 patrons in total at any one given time.  To ensure the permitted patron numbers are maintained, a Patron Management Plan should form a condition of any permit issued.   

2.    Complaints of noise and traffic from existing uses

Council manages complaints on an individual merits basis, noting a higher level of noise and traffic is acceptable for a mixed use area.     

3.    A funeral parlour being at odds with existing residential uses

As discussed earlier in this report, the proposed funeral parlour is considered acceptable in an activity centre and will contribute to the variety of uses found in the area.

4.    Noise from the funeral parlour

The proposed funeral parlour must comply with the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2, which should be addressed as a condition on any permit issued.

5.    Decreased property values.

This is not a relevant planning consideration. 

Consequential changes to the Permit

As a result of the inclusion of the use of a funeral parlour, a number of permit conditions will require amending to cover the use as well as the development.  This applies to condition 3, 5, 6 and 22 and also requires condition 3 (a) be deleted as it previously required removal of all reference to a funeral parlour which was not part of the original application.

Additionally, five new conditions will be included to assist managing the inclusion of the use of a funeral parlour.

Declarations of Conflicts of Interest

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

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

Conclusion

The proposal is considered consistent with the Planning Policy Framework and the Activity Centre Zone.  A funeral parlour is complementary to the existing, as of right, place of assembly and other existing commercial and residential uses found within the area and will not create any further impact on parking demand through no increase in patron numbers.  Therefore, it is recommended the application be approved, subject to the conditions contained in this report. 

 

Recommendation

THAT Council resolve to approve Planning Application No. 716968-02 and issue an Amended Permit for, use of the land as a funeral parlour, buildings and works and a reduction of the car parking requirements associated with a place of assembly, at 69 Coulstock Street, Epping, including the following changes:

-     Amend the permit preamble to include the use of the land as a funeral parlour;

-     Amend condition 3 as follows (underline used for identification):

 

Plans Required

3.       Before the use and 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 Project No. 03-EPP, Sheet Nos. A101-A112, Revision B, dated April 18, by Arkitektus, but modified to show:-

 

a.   Deleted;

b.   The width of the accessway and associated landscaping;

c.   The parallel car parking spaces to have a length of 6.7 metres in accordance with Design Standard No. 2 – Car Parking Spaces of Clause 52.06 – Car Parking of the Whittlesea Planning Scheme;

d.   The provision of a disabled car parking space, in accordance with the current Australian Standard;

e.   Deletion of the access doors (except those required for emergency purposes) from the kitchen, funeral preparation room and mourning areas;

f.    The balcony screening reduced to the minimum extent necessary for balustrading purposes; and 

g.   A Landscape Plan in accordance with Condition No. 4 of this Permit. 

 

-     Amend condition 5 and 6 as follows (underline used for identification):

 

Layout Not Altered

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

 

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

 

 

 

-     Include the following new conditions 8, 16, 17, 18 and 19:

 

Actions Before Use Commences

8.       Before the funeral parlour use hereby permitted commences, one (1) digital copy of a Patron Management Plan, prepared by a suitably qualified (or experienced) Professional, 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 Patron Management Plan must show:-

 

a.   Staffing and other measures, which are designed to ensure the orderly arrival and departure of patrons;

b.   Signage to be used to encourage responsible off-site patron behaviour;

c.   The training of staff in the management of patron behaviour;

d.   Staff communication arrangements;

e.   Measures to control noise emissions and traffic from the premises; and

f.    Measures to ensure no more than 90 patrons on the site at any one given time. 

 

Use and Car Parking

16.     Unless with the prior written consent of the Responsible Authority, the funeral parlour use may operate only between 9:00am to 5:00pm, seven days a week.

 

17.    The drop off and pick up of caskets must at all times be carried out within the existing car park area at the front of the site.

 

18.     The amenity of the area must not be detrimentally affected by the use or development through        the:-

 

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

          b.       Appearance of any building, works or materials;

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

          d.       Presence of vermin.

 

19.     The Permit Holder must be aware that the operation of the use is at all times required, pursuant to the Environmental Protection Act 1970, to meet the requirements of the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2.  The onus to demonstrate compliance with this policy in the event of request will lie with the Permit Holder.

 

-     Amend condition 22 as follows (underline used for identification):

 

Permit Expiry

 

22.     This permit will expire if:-

 

       a.       The approved development does not start within two years of the date of this permit;

          b.       The approved development is not completed within four years of the date of this permit;  or

          c.       The approved use is not commenced with two years of the completed development. 

 

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.

 

 

 

 

Date of Amendment

Description of Amendment

2 April 2019

·         Preamble amended to include the use of the land as a funeral parlour;

·         Condition No. 3 amended to require the submission of plans prior to the commencement of the use and development;

·         Condition No. 3a. deleted;

·         Condition Nos. 5 and 6 amended to reference both use and development;

·         New Condition Nos. 8, 16, 17, 18 and 19 and the subsequent renumbering of remaining Conditions; and

·         Condition No. 22 amended to reference both use and development.   

 

MOTION

Moved:                       Cr Pavlidis

Seconded:               Cr Alessi

THAT Council resolve to approve Planning Application No. 716968-02 and issue an Amended Permit for, use of the land as a funeral parlour, buildings and works and a reduction of the car parking requirements associated with a place of assembly, at 69 Coulstock Street, Epping, including the following changes:

-     Amend the permit preamble to include the use of the land as a funeral parlour;

-     Amend condition 3 as follows (underline used for identification):

 

Plans Required

3.    Before the use and 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 Project No. 03-EPP, Sheet Nos. A101- A112, Revision B, dated April 18, by Arkitektus, but modified to show:-

 

a.   Deleted;

b.   The width of the accessway and associated landscaping;

c.   The parallel car parking spaces to have a length of 6.7 metres in accordance with Design Standard No. 2 – Car Parking Spaces of Clause 52.06 – Car Parking of the Whittlesea Planning Scheme;

d.   The provision of a disabled car parking space, in accordance with the current Australian Standard;

e.   Deletion of the access doors (except those required for emergency purposes) from the kitchen, funeral preparation room and mourning areas;

f.    The balcony screening reduced to the minimum extent necessary for balustrading purposes; and 

g.   A Landscape Plan in accordance with Condition No. 4 of this Permit. 

 

-     Amend condition 5 and 6 as follows (underline used for identification):

 

Layout Not Altered

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

 

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

 

-     Include the following new conditions 8, 16, 17, 18 and 19:

 

Actions Before Use Commences

8.       Before the funeral parlour use hereby permitted commences, one (1) digital copy of a Patron Management Plan, prepared by a suitably qualified (or experienced) Professional, 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 Patron Management Plan must show:-

 

a.   Staffing and other measures, which are designed to ensure the orderly arrival and departure of patrons;

b.   Signage to be used to encourage responsible off-site patron behaviour;

c.   The training of staff in the management of patron behaviour;

d.   Staff communication arrangements;

e.   Measures to control noise emissions and traffic from the premises; and

f.    Measures to ensure no more than 90 patrons on the site at any one given time. 

 

Use and Car Parking

16.     Unless with the prior written consent of the Responsible Authority, the funeral parlour use may operate only between 9:00am to 5:00pm, seven days a week.

 

17.     The drop off and pick up of caskets must at all times be carried out within the       existing car park area at the front of the site.

 

18.     The amenity of the area must not be detrimentally affected by the use or development through the:-

 

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

          b.      Appearance of any building, works or materials;

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

          d.      Presence of vermin.

 

 

19.     The Permit Holder must be aware that the operation of the use is at all times required, pursuant to the Environmental Protection Act 1970, to meet the requirements of the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2.  The onus to demonstrate compliance with this policy in the event of request will lie with the Permit Holder.

 

-     Amend condition 22 as follows (underline used for identification):

 

Permit Expiry

22.     This permit will expire if:-

 

a.         The approved development does not start within two years of the date of this permit;

          b.      The approved development is not completed within four years of the date of                    this permit; or

          c.       The approved use is not commenced with two years of the completed            development. 

 

 

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.

 

Date of Amendment

Description of Amendment

2 April 2019

·      Preamble amended to include the use of the land as a funeral parlour;

·      Condition No. 3 amended to require the submission of plans prior to the commencement of the use and development;

·      Condition No. 3a. deleted;

·      Condition Nos. 5 and 6 amended to reference both use and development;

·      New Condition Nos. 8, 16, 17, 18 and 19 and the subsequent renumbering of remaining Conditions; and

·      Condition No. 22 amended to reference both use and development.   

                                                                                                                                               

EXTENSION OF SPEAKING TIME

Moved:                       Cr Kelly

Seconded:               Cr Sterjova

 

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

 

COUNCIL RESOLUTION

 

Moved:                       Cr Pavlidis

Seconded:               Cr Alessi

THAT Council resolve to approve Planning Application No. 716968-02 and issue an Amended Permit for, use of the land as a funeral parlour, buildings and works and a reduction of the car parking requirements associated with a place of assembly, at 69 Coulstock Street, Epping, including the following changes:

-     Amend the permit preamble to include the use of the land as a funeral parlour;

-     Amend condition 3 as follows (underline used for identification):

 

Plans Required

3.       Before the use and 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 Project No. 03-EPP, Sheet Nos. A101-        A112, Revision B, dated April 18, by Arkitektus, but modified to show:-

 

a.   Deleted;

b.   The width of the accessway and associated landscaping;

c.   The parallel car parking spaces to have a length of 6.7 metres in accordance with Design Standard No. 2 – Car Parking Spaces of Clause 52.06 – Car Parking of the Whittlesea Planning Scheme;

d.   The provision of a disabled car parking space, in accordance with the current Australian Standard;

e.   Deletion of the access doors (except those required for emergency purposes) from the kitchen, funeral preparation room and mourning areas;

f.    The balcony screening reduced to the minimum extent necessary for balustrading purposes; and 

g.   A Landscape Plan in accordance with Condition No. 4 of this Permit. 

 

-     Amend condition 5 and 6 as follows (underline used for identification):

 

Layout Not Altered

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

 

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

 

-     Include the following new conditions 8, 16, 17, 18 and 19:

 

Actions Before Use Commences

8.       Before the funeral parlour use hereby permitted commences, one (1) digital copy of a Patron Management Plan, prepared by a suitably qualified (or experienced) Professional, 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 Patron Management Plan must show:-

 

a.   Staffing and other measures, which are designed to ensure the orderly arrival and departure of patrons;

b.   Signage to be used to encourage responsible off-site patron behaviour;

c.   The training of staff in the management of patron behaviour;

d.   Staff communication arrangements;

e.   Measures to control noise emissions and traffic from the premises; and

f.    Measures to ensure no more than 90 patrons on the site at any one given time. 

 

Use and Car Parking

16.     Unless with the prior written consent of the Responsible Authority, the funeral parlour use may operate only between 9:00am to 5:00pm, seven days a week.

 

17.     The drop off and pick up of caskets must at all times be carried out within the       existing car park area at the front of the site.

 

18.     The amenity of the area must not be detrimentally affected by the use or development through the:-

 

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

          b.      Appearance of any building, works or materials;

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

          d.      Presence of vermin.

 

19.  The Permit Holder must be aware that the operation of the use is at all times   required, pursuant to the Environmental Protection Act 1970, to meet the requirements of the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2.  The onus to demonstrate compliance with this policy in the event of request will lie with the Permit Holder.

 

-     Amend condition 22 as follows (underline used for identification):

 

Permit Expiry

22.     This permit will expire if:-

 

       a.       The approved development does not start within two years of the date of                this permit;

          b.      The approved development is not completed within four years of the date of                    this permit; or

          c.       The approved use is not commenced with two years of the completed            development. 

 

  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.

 

Date of Amendment

Description of Amendment

2 April 2019

·      Preamble amended to include the use of the land as a funeral parlour;

·      Condition No. 3 amended to require the submission of plans prior to the commencement of the use and development;

·      Condition No. 3a. deleted;

·      Condition Nos. 5 and 6 amended to reference both use and development;

·      New Condition Nos. 8, 16, 17, 18 and 19 and the subsequent renumbering of remaining Conditions; and

·      Condition No. 22 amended to reference both use and development.   

                                                                                                                                               

                                                                                                                                                CARRIED

Division

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

 

For

Cr Pavlidis

Cr Alessi

Cr Cox

Cr Sterjova

Cr Joseph

Against

Cr Kelly

Cr Lalios

Cr Monteleone

Cr Desiato

Abstained

Cr Kirkham

Based on the votes cast during the Division, the votes were tied.

TIED

 

 

CASTING VOTE

 

In accordance with Clause 68 of the Procedural Matters Local Law, the Mayor exercised his right to a casting vote and voted for the motion which was carried.

                                                                                                                                                CARRIED

 

 


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Ordinary Council Minutes                                                                       Tuesday 2 April 2019

 

6.1.5      Amendment to the Garden Road Development Plan

Attachments:                        1        Site Map

2        Current Garden Road Development Plan

3        Proposed Garden Road Development Plan   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Team Leader Strategic Planning & Design   

 

RECOMMENDATION SUMMARY

It is recommended that Council endorse the proposed amendment to the Garden Road Development Plan contained in Attachment 3 of this report to allow for the consideration of any proposal for a swim centre and medicl centre for the property at 31A Yellow Brick Road, Doreen.

1.   Advise the affected landowners.

KEY FACTS AND / OR ISSUES

·    The owner of the property at 31A Yellowbrick Road, Doreen is seeking to develop the site for the purposes of a swim centre, medical Centre and associated car park.

·    The Garden Road Development Plan earmarks the site as Low Density Residential and it is proposed to place an annotation (asterisk) on the Development Plan to provide for the ability to consider a subsequent application for the proposed use.

·    The amended Development Plan was informally exhibited to surrounding landowners and authorities. Three submissions were received from authorities none of which objected to the proposal.

It is recommended that the amendment to the Garden Road Development Plan be approved by Council.

Report

INTRODUCTION

The purpose of this report is to discuss the proposed amendment to the Garden Road Development Plan (GRDP). Specifically, this report seeks an amendment of the GRDP to allow for consideration for the development of 31A Yellow Brick Road, Doreen for the purposes of a swim centre, medical centre and associated car park. The site is currently earmarked Low Density Residential (LDRZ) within the Development Plan and it is proposed to place an annotation on the Development Plan to provide for the ability to consider a subsequent application for the proposed use.

BACKGROUND

The GRDP was originally approved by Council at its meeting on 19 April 2005. The GRDP sets the framework and general road network for the subdivision and development of land for residential purposes at a range of densities.

The property is bounded by Garden Road to the west, Yan Yean Road to the east and Bridge Inn Road to the north. The property directly opposite the site has been developed as a KFC store. The overall property on the corner of Yan Yean Road and Bridge Inn Road comprises a mixed use development including a service station, car wash, motor repairs and food and drink premises (Attachment 1).

PLANNING ASSESSMENT

 

The subject site is located within Precinct 2B of the Mernda Strategy Plan (MSP) and forms part of the GRDP. The MSP also contains an overall plan for the entire growth area and more detailed ‘precinct plans’ for each development precinct within the MSP.  The key requirements of the MSP and the Precinct 2B plan, as they relate to the subject land, are as follows:

·          Low density residential development along Bridge Inn Road and Yan Yean Road to achieve a gradual transition from rural to urban at the edge of the development area.

·          Standard density residential development for the remainder of the GRDP area.

·          Nomination of the area surrounding the Yan Yean Road/Bridge Inn Road intersection for a local convenience centre.

·          Garden Road is nominated as a collector road and future bus route.

·          The surrounding locality has been identified as an area which has a high archaeological sensitivity for scarred River Red Gum trees.

·          Off-road shared bicycle/pedestrian trails located within the transmission line easement in the north-west corner of the Development Plan area.

·          Bridge Inn Road is nominated as a primary arterial and will require widening on the south side within the GRDP area to achieve its ultimate cross-section.

·          Yan Yean Road is nominated as a secondary arterial road.

·          Direct allotment access to Yan Yean Road to be discouraged with low density allotments fronting Yan Yean Road to be accessed internally from the future subdivisional road layout.  Buffer planting for these low density lots along Yan Yean Road is also required.

In addition to specifying relevant requirements and more general objectives, the MSP also specifies the extent of coverage required for Development Plans within each precinct.  In this instance, the GRDP comprises the full Development Plan area as required by the MSP. The current GRDP layout is provided in Attachment 2.

Zoning

The subject land is affected by the General Residential Zone (GRZ1) (Clause 32.08).

The GRZ aims to provide a diversity of housing types and moderate growth in locations offering good access to services and transport, as well as allowing some education, religious, and community uses to serve the local community.

Overlays

The subject land is covered wholly by four planning scheme overlays, which include:

Vegetation Protection Overlay – Schedule 1 (VPO1) (Clause 42.02);

Incorporated Plan Overlay – Schedule 1 (IPO1) (Clause 43.03);

Development Plan Overlay – Schedule 5 (DPO5) (Clause 43.04); and

Development Contributions Plan Overlay – Schedule 6 (DCPO6) (Clause 45.06).

The IPO1 requires the preparation of a strategic plan that will guide the future use and development of the land, prior to any formal consideration of any subdivision, use or development of the land. Schedule 1 of the IPO relates to the MSP.

The DPO5 applicable to the subject land requires that a Development Plan be prepared and endorsed by Council prior to formal consideration of any subdivision, use or development of the subject landholdings. The Development Plan must be produced in accordance with the provisions of the DPO Schedule 5 and the MSP.

The VPO1 provisions more specifically aim to preserve and maintain significant native vegetation.

The DCPO6 sets out the requirements to deliver development contributions in accordance with the MSP.

DEVELOPMENT PLAN PROPOSAL

The proposed amendment to the GRDP was received on 23 October 2018 (Attachment 3) and specifically affects known as 31A Yellow Brick Road, Doreen. The proponent is keen to develop the site for the purpose of a swim centre and medical centre etc.

Under the current Development Plan determination it is considered that such a proposal would not be generally in accordance with the GRDP and could not be considered. The amendment proposes to alter the designation of the subject site by nominating it for a swim centre and medical centre.

It is important to note that this does not provide approval for any development but would allow for consideration of a subsequent application for such uses. Any application would need to be assessed on its merits against relevant planning controls.

CONSULTATION AND NON-STATUTORY EXHIBITION

Although there is no statutory requirement to advertise a Development Plan or amendment thereto, the Garden Road Development Plan underwent a non-statutory exhibition period with key stakeholders including relevant government agencies, Shire of Nilumbik; and affected surrounding properties via direct mail-out.

At the conclusion of the exhibition only three (3) submissions were received from statutory agencies, which noted the proposal and offered no objection. These include APA, CFA and Melbourne Water. No submissions were received from surrounding residents or property owners.

DEVELOPMENT CONTRIBUTIONS

Development Contributions Plan Overlay – Schedule 6 (DCPO6) (Clause 45.06) applies to the Garden Road Development Plan area. The DCPO6 sets out the requirements to deliver development contributions in accordance with the MSP. Any permit that is granted for a subdivision/development will include a condition that will require contribution to be made to Council for infrastructure upgrades within the City of Whittlesea.

DISCUSSION

The proposed amendment to the GRDP is to allow for consideration of subsequent proposals for the development of 31A Yellow Brick Road, Doreen for the purposes of a swim centre, medical facility and associated car park. The proposal makes administrative updates to the Development Plan by means of an annotation (asterisk) to allow for the above mentioned uses.

A draft proposal submitted for discussion purposes provides for a double storey building which provides for a swim centre facility and 6 medical consulting suites on the upper floor to accommodate a range of medical and ancillary services

Suitability of Proposed Uses

Despite the existing Low Density Residential classification, it is considered that the development proposal is suitable on the subject site, especially when taking into account the context of the surrounding area.  In particular, additional non-residential uses such as community and health services comprising a swim centre and large medical centre will complement the precinct immediately to the north of the side and provide access to a service that currently is not readily available.

Residential and commercial interface

It is considered that the proposed uses will provide an interface to the surrounding residential areas.  The delivery of community type of uses such as proposed by the application, can serve as a ‘soft transition’ between commercial/industrial uses to the north of the site and the adjoining residential area to the south and west of the site.

Green Wedge Interface

The opposite side of Yan Yean Road to the west is located within the Nillumbik Shire Council area and in the Green Wedge Zone outside of the Urban Growth Boundary.  Appropriate landscaping will buffer the car parking from this sensitive area.  The amendment proposal was circulated to the Nillumbik Shire Council and no comments were received.

 

Policy strategy and legislation

State Planning Policy Framework (SPPF)

§ Clause 12 Environmental and Landscape Values

The Development Plan is consistent with this clause.

Clause 15 Built Environment and Heritage

§ The Development Plan is generally consistent with this clause. The proposed development includes elements which will assist in making it attractive, liveable, walkable and cyclable. Site features including the gas pipeline constrain the development from providing diversity and have affected the design parameters.

§ Clause 18 Transport

The Development Plan is consistent with this clause. The Development Plan includes significant walking and cycling infrastructure and connections. The development does not prejudice the operation of the Melbourne airport.

§ Clause 19 Infrastructure

The Development Plan is generally consistent with this clause. The development makes provision for appropriate infrastructure to service the development and contributes to the provision of community infrastructure in proximity to the site. 

 

Local Planning Policy Framework (LPPF)

·    Clause 21.05 Environmental and Landscape Values

·    The Development Plan is consistent with this clause.

·    Clause 21.11 Transport

The Development Plan is consistent with this clause.

·    Clause 21.12 Community and Development Infrastructure

The Development Plan is consistent with this clause and includes a contribution towards transport and community infrastructure.

 

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 proposed amendment will enable the delivery of a ‘wellness centre’ and will comprise swimming pools, multi-purpose medical rooms and consulting suites. It is on this basis that the proposal is considered to meet the direction of creating health and human services that accessible and responsible to all.

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 amendments to the Development Plan seek to place an annotation on the Development Plan at 31A Yellow Brick Road, Doreen to enable any subsequent planning permit application for a swim centre, medical facility and associated car park to be considered. This potential development would not be considered generally in accordance with the current Development Plan. It is considered that such a potential development has merit within the area.

It is noted that this amendment does not provide an approval for such a proposal but rather would simply allow for any subsequent application to be considered on its planning merits. It is recommended that Council endorse the amended Development Plan at Attachment 3 of this report which provides an asterisk on the subject site and on the subject site and and associated annotation nominating a swim centre and a medical centre uses. No other changes are proposed to the Development Plan.

 

RECOMMENDATION

THAT Council resolve to:

1.       Endorse the proposed amendment to the Garden Road Development Plan contained at Attachment 3 of this report.

2.       Advise the affected landowners.

 

Council Resolution

Moved:                       Cr Joseph

Seconded:               Cr Alessi

 

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

Carried

 

 


Ordinary Council Minutes                                                                                                                                                                  Tuesday 2 April 2019

 

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Ordinary Council Minutes                                                                                  Tuesday 2 April 2019

 

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Ordinary Council Minutes                                                                                  Tuesday 2 April 2019

 

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Ordinary Council Minutes                                                                       Tuesday 2 April 2019

 

6.1.6      Assemblies of Council Report - 2 April 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

Arts Cultural and Sporting Grants Program for Young People

4 February 2019

Cr Cox

(Mayor)

Cr Pavlidis

MCBP

DSO

CDGO

TLCI

1.     Caitlin Dagher – Sporting Grant – Overseas event – Successful

Nil disclosures

Councillor Briefing

19 February 2019

Cr Cox

(Mayor)

Cr Joseph

(Deputy Mayor)

Cr Alessi

Cr Desiato

Cr Kirkham

Cr Kozmevski

Cr Pavlidis

Cr Sterjova

CEO

DCS

DCRS

DCTP

DPPE

 

 

1.     2019/20 Proposed Budget

Nil disclosures

Councillor Briefing

26 February 2019

Cr Cox

(Mayor)

Cr Joseph

(Deputy Mayor)

Cr Alessi

Cr Kozmevski

Cr Monteleone

Cr Pavlidis

Cr Sterjova

CEO

DCS

DCRS

DCTP

DPPE

 

 

1.     Water and Energy Sustainability Flagship Project

2.     2019 Federal Election Campaign

3.     Local Road Deterioration in Mernda and Doreen

4.     South Morang Activity Centre Options

Nil disclosures

 


 

The table below represents an Index of Officer titles:

Initials

Title of Officer

Initials

Title of Officer

CDGO

Community Development Grants Officer

DPPE

Director Partnerships, Planning and Engagement – Liana Thompson

CEO

Chief Executive Officer – Simon Overland

DSO

Department Support Officer – Cheryl Gallagher

DCS

Director Community Services – Russell Hopkins

MCBP

Manager Community Building and Planning – Belgin Besim

DCRS

Director Corporate Services – Helen Sui

TLCI

Team Leader Community Inclusion – Kelisha Nikitas

DCTP

Director City Transport and Presentation– Nick Mann

 

 

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.

 

Council Resolution

Moved:                       Cr Joseph

Seconded:               Cr Alessi

 

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

Carried

 


Ordinary Council Minutes                                                                       Tuesday 2 April 2019

 

6.1.7      Animal Registration and Refund Policy

Attachments:                        1        Animal Registration and Refund Policy   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Manager City Safety and Amenity   

 

RECOMMENDATION SUMMARY

That Council adopts the Animal Registration and Refund Policy.

KEY FACTS AND / OR ISSUES

The Domestic Animals Act 1994 requires all pet cats and dogs over the age of 3 months to be registered.

Council must by resolution:

·    Fix fees to be raised for registration or renewal of registration on an annual basis;

·    Fix fees to be paid if Council permits a pro rata fee to be paid during the registration year; and

·    Include circumstances in which a fee or part fee may be refunded.

Current practices regarding refunds and pro-rata registration fees require formalisation. A draft policy is attached to this report.

The policy proposes to:

·    Extend the refund period for animal registrations from 10 May to 30 June each year. Refunds are often requested from customers where their pet dies following the registration fee being paid.

·    Introduce a nominal registration fee for cats and dogs under 12 months of age. Pets are legally required to be registered by 3 months of age, however many animals cannot be desexed until they reach 6 months of age, which results in a much higher registration fee being applied. A nominal fee in the first year is a financial saving incentive for pet owners to register and desex their pet.

·    Formalising 50% pro rata fees for animals registered from 10 October onwards.

·    Introducing a nominal foster carer registration fee in response to legislative changes that come into effect from 1 July 2019.

 

Report

Background

The Domestic Animals Act 1994 requires all pet cats and dogs over the age of 3 months to be registered.

In 2018, legislation changed requiring Councils to provide a nominal registration fee to recognised foster carers who are required to register cats or dogs in their care to meet legislative requirements.

The Domestic Animals Act specifies that a reduced fee must be applied for animals that are desexed to act as an incentive. Fees are set on an annual basis as part of Council’s annual budget process.

The policy is intended to ensure that Council’s process for animal registration refunds is transparent and all refund requests are processed equitably.

Proposal

To introduce a policy that:

·    Encourages timely and increased dog and cat registrations.

·    Ensures a fair and consistent approach to requests for animal registration refunds.

·    Encourages owners to desex their pets to reduce unwanted breeding and euthanasia to control animal populations.

Consultation

Customer feedback regarding our current refund practices was the catalyst for this review and development of a policy, with customers requesting a longer period of time in which refunds should be honoured.

Benchmarking was undertaken with several other councils to ascertain best practice. Benchmarking found that there are several methods for managing animal registration refunds across Victoria.

Critical Dates

Animal registrations are due by 10 April each year. It is envisaged a policy will be adopted in time for this year’s animal registration period.

Financial Implications

Council anticipates approximately $1M for dog and cat registration fees in 2018/19. Requests for refunds in the last registration period had a total value less than $1,000.

It is anticipated that the value of refunds will increase if the policy is adopted, however the financial impact is not expected to exceed 1% of total revenue.

Policy strategy and legislation

The policy relates to the Domestic Animals Act 1994 which makes councils responsible for collecting and setting the amount of animal registration fees.

 

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 services are transparent, equitable and accessible

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 policy would result in a fair and consistent approach to how refunds are managed and will incentivise animal registration by offering a discounted rate in the first year of registration.

 

RECOMMENDATION

THAT Council resolve to adopt the Animal Registration and Refund Policy.

 

MOTION

Moved:                       Cr Joseph

Seconded:               Cr Pavlidis

 

THAT Council resolve to adopt the Animal Registration and Refund Policy with the following point added under the heading "Policy":

 

·         Where the pet owner requesting a refund on the basis that the pet has died, been surrendered or relocated out of the State of Victoria is an eligible pension card holder, a full refund will be offered until 10 October of the current registration year.  Thereafter, a pro rata refund will be offered throughout the remainder of the registration year.

 

 

 

 

 

 

PROCEDURAL MOTION

Moved:                       Cr Alessi

Seconded:               Cr Sterjova

 

THAT Council resolve to defer consideration of this item to the next Council Meeting.

                                                                                                                                    CARRIED


Cr Lalios left the Council Chamber at 8.33pm prior to the vote on this item.


COUNCIL RESOLUTION

Moved:                       Cr Alessi

Seconded:               Cr Sterjova

 

THAT Council resolve to defer consideration of this item to the next Council Meeting.

                                                                                                                                   CARRIED

 


Ordinary Council Minutes                                                                       Tuesday 2 April 2019

 

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          6.2   COMMUNITY SERVICES

                   Nil Reports  


Ordinary Council Minutes                                                                       Tuesday 2 April 2019

6.3       City Transport and Presentation

6.3.1      Contract 2018-133 - All Abilities Play Space - Junior Play Tender Evaluation

Attachments:                        1        2018-133 Tender Evaluation - Confidential

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

Responsible Officer:           Director City Transport & Presentation

Author:                                  Senior Parks Project Management Officer   

 

RECOMMENDATION SUMMARY

This report summarises the evaluation of tenders received for the construction of the Junior Play area of the All Abilities Play Space under Contract No. 2018-133.

It is recommended that contract number 2018-133 for the All Abilities Play Space Junior Play Area:

·    is awarded to Naturform Pty Ltd

·    for the lump sum price of $596,185.93 (excl. GST)

KEY FACTS AND / OR ISSUES

·    The All Abilities Play Space is one of four major community parks being developed across the municipality which will enable the whole community to play, connect and socialise. The play space will provide a broad range of play opportunities including physical, social, creative and cognitive, and will focus on universal access for all ages and abilities.

·    The new play space will have a focus on ensuring all individuals can access the entire space through the inclusion of uninterrupted paths and access to all play elements, services and infrastructure.  Every part of the play space has been thoughtfully designed to promote inclusivity for all ages and abilities whilst facilitating development, both physically and cognitively, through play.  

·    The Junior Play Space Contract 2018-133 is one of many contracts which will make up the All Abilities Play Space project.

·    Three tenders were received

·    The recommended tender was the highest ranked and is considered best value

 

Report

Background

The purpose of this contract is to supply and install all materials and equipment required to construct the Junior Play area of the All Abilities Play Space in Mill Park Recreation Reserve.

Tenders for the contract closed on 13th February 2019.  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

40%

Capability

30%

Capacity

20%

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 - Naturform Pty Ltd

Yes

Yes

76.7

1

Tenderer B

No

Yes

N/A

N/A

Tenderer C

Yes

No

N/A

N/A

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                    Connected community

Whittlesea 2040 Key Direction     A healthy and safe community

Strategic Objective                        People of all ages and abilities are supported to live well with appropriate program, service and infrastructure delivery

Council Priority                             Health and Wellbeing

Construction of the All Abilities Play Space will provide an inclusive space within the Municipality where all members of the community and their care givers feel supported and welcome visiting for an extended period of time.

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

 

Recommendation

THAT Council resolve to:

1.         Accept the tender submitted by Naturform Pty Ltd for the sum of $596,185.93 (excluding GST)

Number:    2018-133

Title:          All Abilities Play Space – Junior Play

subject to the following conditions:

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

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

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

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

3.         Sign and seal the Contract documents.

 

 

Council Resolution

Moved:                       Cr Joseph

Seconded:               Cr Alessi

 

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

Carried

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council Minutes                                                                       Tuesday 2 April 2019

6.3.2      Contract 2018-56 - Tree Removal, Supply, Planting & Maintenance - Tender Evaluation

Attachments:                        1        2018-56 Tender Evaluation - Confidential - 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:                                  Senior Arborist   

 

RECOMMENDATION SUMMARY

It is recommended that contract number 2018-56 for Tree Removal, Supply, Planting and Maintenance:

·        is awarded to

o   Citywide Service Solutions Pty Ltd as Primary supplier for Part A and Secondary supplier for Part B

o   GLG Green Life Group Pty Ltd as Secondary supplier for Part A and Primary supplier for Part B

·        for the tendered schedule of rates with total expenditure for the initial 3 year contract period is limited to $2,637,400.00.

·        for a term from 01/05/2019 to 30/04/2022 with extension options to 30/04/2025

KEY FACTS AND / OR ISSUES

This tender is key to delivering Council’s street tree planting program, which seeks to create attractive, tree lined local streets that significantly contribute to the character of the city’s neighbourhoods.

The tender evaluation panel advises that:

·        13 tenders were received and were evaluated as per pre-approved evaluation process.

·        the recommended tenders were the highest ranked and are considered best value because they offered lower rates as compared to their competitors and met Council’s requirements in the RFT while conforming with Council Terms and Conditions

This was a collaborative tender with Mitchell Shire Council to expand the supply base and leverage economies of scale.

 

Report

Background

The purpose of this contract is to assign a panel of suppliers to provide Tree Removal, Planting and Maintenance Services. The services to be delivered are in addition to the lump sum services delivered via other endorsed contracts (i.e. Contract 2016-201 Provision of Park and Open Space Maintenance Services Part B Tree Maintenance Services) and is mainly utilised to deliver tree services demanded by New Works programs. As the contract is based on a Schedule of Rates an estimate of the anticipated expenditure has been based on analysis of the previous spend data and projected outcomes. 

This was a collaborative tender with Mitchell Shire Council to expand the supply base and leverage economies of scale. To maximise competition the contract was structured in two parts and Tenderers could bid for single or both the parts for either or both municipalities:

·        Part A – Supply, Planting and Establishment Maintenance

·        Part B – Trees Removal and Maintenance

A mix of best practice procurement techniques were employed in this tender to help achieve best value outcomes and to drive innovation and efficiency.  These included requirements to tender:

·        ‘Glidepath Savings’ percentages which reduce the tender price each year in recognition of anticipated improved efficiency gains by the Supplier,

·        ‘Volume discounts’ if both the collaborating councils award to the same supplier and if aggregated business increases over a million dollars over the life of the contract.

and

·        a ‘Savings Share’ arrangement whereby savings generated through innovative practices initiated by the Supplier are shared with the Council.

Tenders for the contract closed on 28/11/2018.  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

60 %

Capability

15 %

Capacity

20 %

Impact

5 %

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

PART A

PART B

 

 

 

SCORE

RANK

SCORE

RANK

Tenderer A
Citywide Service Solutions Pty Ltd

Yes

Yes

88.4

1

76.0

2

Tenderer B

GLG Green Life Group Pty Ltd

Yes

Yes

76.9

2

91.0

1

Tenderer C

Yes

Yes

69.8

3

N/A

N/A

Tenderer D

Yes

No (A), Yes (B)

44.1

4

74.3

3

Tenderer E

No

N/A

N/A

N/A

N/A

N/A

Tenderer F

No

N/A

N/A

N/A

N/A

N/A

Tenderer G

Yes

No

N/A

N/A

58.8

4

Tenderer H

Yes

No

N/A

N/A

44.4

5

Tenderer I

No

N/A

N/A

N/A

N/A

N/A

Four other tenderers (J, K, L and M) only bid to provide services to Mitchell shire so they were excluded from the evaluation conducted by the Whittlesea panel.  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

In this collaborative trees services tender a mix of industry best practices were employed to help achieve best value outcomes and to drive innovation and efficiency to improve the amenity and liveability of the municipality.

 

Declarations of Conflicts of Interest

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

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

CONCLUSION

Best value can be achieved by awarding:

·        Part A of the contract to Citywide as the Primary Supplier and GLG as the secondary supplier, and

·        Part B of the contract to GLG as the Primary Supplier and Citywide as the secondary supplier -

with a work distribution of approximate 70% to 90% of the orders placed under each part of the contract being allocated to the respective primary supplier.

This approach is expected to achieve multiple benefits including reduced administrative overhead and improved prices which are anticipated to achieve very significant savings over the term of the contract.

 

Recommendation

THAT Council resolve to:

1.       Accept the tenders submitted by:

a)      Citywide Service Solutions Pty Ltd as Primary supplier for Part A and Secondary supplier for Part B.

b)      GLG Green Life Group Pty Ltd as Secondary supplier for Part A and Primary supplier for Part B.

for the schedule of rates detailed in the confidential attachment for the following contract:

Number:    2018-56

Title:          Tree Removal, Supply, Planting and Maintenance

Term:        01/05/2019 to 30/04/2022

Options:    Term extensions up to 30/04/2025 (only to be exercised if separately approved by Council)

Value:        Total expenditure for the initial 3 year contract period is limited to a maximum of $2,637,400.00. (excluding GST) unless otherwise approved by Council

subject to the following conditions:

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

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

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

3.       Sign the Contract documents.

Council Resolution

Moved:                       Cr Joseph

Seconded:               Cr Alessi

 

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

Carried

 


6.3.3    Contract No: 2019-26  - Security Services - Tender Evaluation

Attachments:                        1        2019-26 Security Services 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:           Director City Transport & Presentation

Author:                                  Manager City Presentation   

 

RECOMMENDATION SUMMARY

It is recommended that contract number 2019-26 for the provision of Security Services is awarded to Southern Cross Protection to a total Contract value of $850,000 (excl. GST) for the term from 1 June 2019 to 31 May 2022 with extension options to 31 May 2026.

KEY FACTS AND / OR ISSUES

·        The Northern Region Group of Councils undertakes collaborative procurement arrangements for selected services to deliver social and economic benefits for the residents and businesses within the region.

·        As part of this program Banyule City Council was appointed to act as tendering agent on behalf of Darebin, Mitchell, Moreland and Whittlesea Council’s for the purpose of seeking tenders for the provision of security services.

·        15 tenders were received. The submission provided by Southern Cross Protection was recommended by the tender evaluation panel as being the best value for Council.

·        Southern Cross Protection was recommended on the basis that they are a well-established business, have a very good level of industry experience, have the demonstrated resources to fulfil the requirements of the contract, and were competitively priced.

 

Report

Background

In October 2017 the Northern Region (Melbourne’s north) Group of Councils entered into a collaboration to deliver economic, social and value for money benefits for the residents and businesses in the region. As part of this joint effort, a Request for Tender (RFT) for the provision of Security Services was developed collaboratively by five (of seven) Northern region Councils:

·        Banyule City Council

·        Darebin City Council

·        Mitchell Shire Council

·        Moreland City Council

·        Whittlesea City Council.

Banyule was appointed to act as tendering agent on behalf of Darebin, Mitchell, Moreland and Whittlesea for the purpose of seeking tenders for the Contract. Submissions were sought from suitably qualified and capable contractors to provide Security Services within the following categories:

·        Routine Security Services – security equipment maintenance, security monitoring, security patrol and lock/unlock services; and

·        Reactive Security Services - security equipment maintenance call-outs, security alarm response call-outs, lock/unlock services, security patrol and guarding services.

Tenderers were also requested to submit a response that delivers social and economic initiatives to the Northern Region Community, providing employment for residents from disadvantaged backgrounds.

The Contract term sought is for 3 years, with the option to extend for further periods of any duration up to a maximum period of 4 years. The tender was advertised in The Age on Saturday 18 August 2018 and on Council’s website. A briefing session for tenderers was conducted on 27 August 2018. Tenders closed at 3:00 pm, Tuesday 25 September 2018 and 15 submissions were received by the closing time.

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

40%

Capability

30%

Capacity

20%

Impact

10%


The evaluation outcome was as follows:

TENDERER

CONFORMING

COMPETITIVE

SCORE

RANK

Southern Cross Protection Pty Ltd

Yes

Yes

84.0

1

Supplier B

Yes

Yes

77.5

2

Supplier C

Yes

Yes

77.5

3

Supplier D

Yes

Yes

75.5

4

Supplier E

Yes

Yes

73.0

5

Supplier F

Yes

Yes

73.0

6

Supplier G

Yes

Yes

72.0

7

Supplier H

Yes

Yes

68.5

8

Supplier I

Yes

Yes

68.0

9

Supplier J

Yes

No

N/A

10

Supplier K

Yes

No

N/A

11

Supplier L

Yes

No

N/A

12

Supplier M

Yes

No

N/A

13

Supplier N

Yes

No

N/A

14

Supplier – O Tender Withdrawn

Yes

No

N/A

15

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                    Connected community

Whittlesea 2040 Key Direction     A healthy and safe community

Strategic Objective                        We have a police presence that deters crime and violence

Council Priority                             Community Safety

The Contract will enhance Councils’ ability to maintain its buildings as fit for purpose and comply with legislative requirements and meet the expectations of 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 tender from Southern Cross Protection Pty Ltd was determined to be best value and it is considered that this company can perform the contract to the required standards. This tender achieved multiple benefits including significant savings, increased service levels and social procurement outcomes that created local jobs for disadvantaged persons.

 

Recommendation

THAT Council resolve to:

1.         Accept the tender submitted by Southern Cross Protection Pty Ltd for the following contract:

Number:    2019-26

Title:          Security Services

Term:         1 June 2019  to  31 May 2022

Options:    Term extensions up to 31 May 2026 (only to be exercised if separately approved by Council)

Value:        Total expenditure is limited to a maximum of $850,000 (excluding GST) unless otherwise approved by Council

subject to the following conditions:

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

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

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

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

 

Council Resolution

Moved:                       Cr Joseph

Seconded:               Cr Alessi

 

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

Carried

  

 


Ordinary Council Minutes                                                                       Tuesday 2 April 2019         

6.4       Corporate Services

6.4.1      CONTRACT 2018-128 - DESIGN AND CONSTRUCTION OF MODULAR ROOM AT DUFFY STREET, EPPING  - TENDER EVALUATION REPORT

Attachments:                        1        Detailed Evaluation - Confidential

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

Responsible Officer:           Director Corporate Services

Author:                                  Senior Contracts Executive   

 

RECOMMENDATION SUMMARY

It is recommended that contract number 2018-128 for Design and Construction of Modular Room at Duffy Street, Epping:

·    Is awarded to Newpol Construction

·    For the lump sum price of $1,473,717 (excluding GST).

KEY FACTS AND / OR ISSUES

The tender evaluation panel advises that:

·    Four tenders were received.

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

 

 

Report

Background

The purpose of this contract is to engage a contractor to undertake the design and construction of an additional change room (modular building), and the reconfiguration of the existing pavilion.

The project objectives are:

·    To provide an additional wet and dry unisex change facility at Duffy Street Recreation Reserve

·    To reconfigure the existing soccer pavilion to meet Building Code and DDA compliance and to meet the current club needs for female participation.

Tenders for the contract closed on 6 February 2019.  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

23%

Capacity

20%

Impact

7%

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

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

The evaluation outcome was as follows:

TENDERER

CONFORMING

COMPETITIVE

SCORE

RANK

Tenderer A
Newpol Construction

Yes

Yes

88.4

1

Tenderer B

No

NA

NA

NA

Tenderer C

No

NA

NA

NA

Tenderer D

No

NA

NA

NA


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                    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

This project directly links to the City of Whittlesea Soccer Strategy 2017-2026. This strategy notes that due to the rapid population increase, there is increased need for quality community infrastructure, including soccer facilities. The strong culture of soccer in the municipality will ensure continued strength of local competition and clubs. There is a high demand for soccer in the northern Melbourne metropolitan region with soccer facilities in neighbouring municipalities at capacity. Increased interest and participation in soccer by females has and will continue to have an impact on the provision of quality soccer facilities and result in the need to upgrade existing facilities to service the needs of female participants.

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 Newpol Construction 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 Newpol Construction for the sum of $1,473,717 (excluding GST) for the following contract:

Number:    2018-128

Title:          Design and Construction of Modular Room at Duffy Street, Epping

subject to the following conditions:

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

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

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

 

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

3.         Sign and seal the Contract documents.

Council Resolution

Moved:                       Cr Pavlidis

Seconded:               Cr Sterjova

 

THAT Council resolve to adopt the Recommendation.

Carried

 

 


Ordinary Council Minutes                                                                       Tuesday 2 April 2019

 

6.4.2      Unconfirmed Minutes of Audit & Risk Committee Meeting

Attachments:                        1        Unconfirmed Minutes of Audit & Risk Committee Meeting 7 March 2019

2        In-Camera Minutes - For Councillors Only - Confidential

Confidential in accordance with Section 89(2)(h) of the Local Government Act 1989 as it contains details relating to Any other matter which the Council or special committee considers would prejudice the Council or any person.    

Responsible Officer:           Director Corporate Services

Author:                                  Internal Compliance Officer   

 

RECOMMENDATION SUMMARY

The Audit & Risk Committee met on 7 March 2019. The minutes of that meeting are attached for the information of Council.

That Council resolve to note the unconfirmed minutes of the Audit & Risk Committee meeting held on 7 March 2019.

KEY FACTS AND / OR ISSUES

As required by the Audit & Risk Committee Charter, minutes of meetings are to be provided to Council after each Audit & Risk Committee meeting.

 

Report

Background

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

The Audit & Risk Committee considered a number of reports at the meeting held on 7 March 2019, as well as confirming minutes from the previous meeting held on 22 November 2018.

Main agenda items included:

·    Audit & Risk Committee Work Plan

·    Financial Performance Report for the Period Ended 31 December 2018

·    Update on New Accounting Standards

·    Update on Changes Occurring in the Valuations Area

·    Asset Management Framework Presentation

·    Risk Management Update

·    Cyber Security and Business Continuity & Disaster Recovery Planning

·    Internal Audit:

-     Internal Audit Status Report

-     Internal Audit Reviews:  Road Management Act Compliance and Assurance Mapping

·    Outstanding Action Items Report from Previous Internal Audits

·    External Audit:

-      Outstanding Action Items from External Audit Reports

·    Internal Compliance Reviews

·    Development Contributions Management Plan Update

·    External Agency Examinations

·    Local Government Performance Reporting Framework Quarter 2 Performance Report

·    Audit & Risk Committee Charter

·    In-camera Discussion

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

Declarations of Conflicts of Interest

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

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

CONCLUSION

That Council note the minutes of the Audit & Risk Committee meeting attached to the report.

 


Cr Lalios returned to the Council Chamber at 8.35PM prior to the vote on this item.



Cr Lalios left the Council Chamber at 8.36PM prior to the vote on this item.



Cr Desiato left the Council Chamber at 8.38PM prior to the vote in this item.


Recommendation

THAT Council resolve to note the unconfirmed minutes of the Audit & Risk Committee meeting held on 7 March 2019.

 

council resolution

Moved:                       Cr Monteleone

Seconded:               Cr Alessi

THAT Council resolve to note the unconfirmed minutes of the Audit & Risk Committee meeting held on 7 March 2019.

CARRIEd UNANIMOUSLY

 


Ordinary Council Minutes                                                                                   Tuesday 2 April 2019

 

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Ordinary Council Minutes                                                                       Tuesday 2 April 2019

 

6.5       Executive Services

6.5.1      MEETINGS OF THE CHIEF EXECUTIVE OFFICER 21 FEBRUARY TO 20 MARCH 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

21/02/2019

Ivanhoe Grammar School

Official Opening: Ivanhoe Grammar School University Campus

21/02/2019

VPA - Stuart Moseley, CEO

Catch-up meeting

21/02/2019

LGPro Annual Conference Dinner

Annual dinner.  Also in attendance: City of Whittlesea Directors

25/02/2019

Rob Mitchell, MP

Advocacy meeting

26/03/2019

EPA/Worksafe/CFA/DEWLP/Hume

Executive Oversight Group.  Chemical Storage Epping and Campbellfield

28/02/2019

Brash Consulting

Interview

01/03/2019

Linda Burney, MP and Rob Mitchell, MP

Meeting with Whittlesea Reconciliation Group

06/03/2019

Interface Councils

CEOs meeting

06/03/209

Interface Councils

CEO/Mayors meeting

07/03/2019

YMCA – Michelle Rowse, CEO

Meet and greet

11/03/2019

Labour Day Public Holiday

12/03/2019

EPA/Worksafe/CFA/DEWLP/Hume

Executive Oversight Group.  Chemical Storage Epping and Campbellfield

14/03/2019

Gillian Borrack, Citizen of the Year

Meet and greet

14/03/2019

Alan Thorpe, Dardi Munwurrow

Meet and greet

14/03/2019

DPV Health -Don Tidbury, CEO

Meet and greet

15/03/2019

VPA

ICP Steering Group meeting

15/03/2019

Metropolitan Partnership

Conference Day

18/03/2019

Brash Consulting

Consultant meeting. Also in attendance:  City of Whittlesea Directors

 


 

 

SIGNIFICANT INTERNAL ISSUES

25/02/2019

Citizenship Ceremony

25/02/2019

ELT Operational Meeting

26/02/2019

Councillor Briefing

27/02/2019

ELT Governance Meeting

05/03/2019

Ordinary Council Meeting

06/03/2019

ELT Governance Meeting

07/03/2019

Audit & Risk Committee Meeting

08/03/2019

ELT Strategy Quarterly Meeting

11/03/2019

Labour Day Public Holiday

12/02/2019

Special Council Meeting – Budget Initiatives

13/03/2019

ELT Governance Meeting

19/03/2019

All Staff Forum

20/03/2019

All Staff Forum

20/03/2019

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.

 

 


Cr Desiato and Cr Lalios returned to the Council Chamber at 8.40PM prior to the vote on this item.


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.

 

Council Resolution

Moved:                       Cr Alessi

Seconded:               Cr Sterjova

 

THAT Council resolve to adopt the Recommendation.

Carried

 

Division

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

 

For

Cr Pavlidis

Cr Kirkham

Cr Alessi

Cr Cox

Cr Monteleone

Cr Sterjova

Cr Joseph

Against

Nil

Abstained

Cr Kelly

Cr Desiato

Cr Lalios

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

carried

 

 

   

 


Ordinary Council Minutes                                                                       Tuesday 2 April 2019

7.         Notices of Motion

7.1       Notice of Motion No 867 - 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 2 April 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 and 5 March 2019.

The motion put by Cr Monteleone at the 13 November 2018 and 5 March 2019 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.

 

 

 

 

 

 

couNCIL RESOLUTION

Moved:                       Cr Monteleone

Seconded:               Cr Kirkham

 

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.

 

LOST

 

Division

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

 

For

Cr Kirkham

Cr Kelly

Cr Lalios

Cr Monteleone

Cr Desiato

Against

Cr Pavlidis

Cr Alessi

Cr Cox

Cr Sterjova

Cr Joseph

Abstained

Nil

Based on the votes cast during the Division the votes were tied.

TIED

 

CASTING VOTE

 

In accordance with Clause 68 of the Procedural Matters Local Law the Mayor exercised his right to a casting vote and voted against the motion resulting in the motion being lost.

                                                                                                                                                             LOST

 

 


Ordinary Council Minutes                                                                       Tuesday 2 April 2019

 

 8. QUESTIONS TO OFFICERS

8.1        Question in relation to complaints received from elderly residents regarding Council’s leaders:

Cr Mary Lalios to the Chief Executive Officer:

How many complaints have been received by Council from elderly residents regarding the reduction in lawn mowing, plumbing and other trade services?

Chief Executive Officer:

I will take that question on notice and provide all Councillor’s with an answer.

9.         Urgent Business

NIL 

10.       Reports from Delegates Appointed to Council by Other Bodies

NIL 


Ordinary Council Minutes                                                                       Tuesday 2 April 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

11.7    urgent business

           victorian equal opportunity and human rights commission matter

 


 

COUNCIL RESOLUTION

Moved:                       Cr Sterjova

Seconded:               Cr Pavlidis

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

11.7.1   VICTORIAN EQUAL OPPORTUNITY AND HUMAN RIGHTS MATTER 

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

                                                                                                                                   CARRIED

 

ACCORDINGLY, THE MEETING WAS CLOSED TO THE PUBLIC AT 8.47PM.

THE MEETING WAS RE-OPENED TO THE PUBLIC AT 9.00PM.

12.       Closure

DELETE THE CLOSURE TEXT NOT REQUIRED

THERE BEING NO FURTHER BUSINESS THE MAYOR DECLARED THE MEETING CLOSED AT 9.01PM.

 

 

CONFIRMED THIS 7th DAY OF MAY 2019.

 

 

 

 

CR LAWRIE COX

MAYOR