Logo_Primary_BlackWhite%20(JPG)

        Minutes  

 

OF Ordinary
COUNCIL MEETING

HELD ON

Tuesday 4 June 2019

AT 6.30pm

In Council Chamber, 25 Ferres Boulevard, South Morang


Ordinary Council Minutes                                                                      Tuesday 4 June 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 4 June 2019

 

 

 

SENIOR OFFICERS

 

 

SIMON OVERLAND                          CHIEF EXECUTIVE OFFICER

RUSSELL HOPKINS                         DIRECTOR COMMUNITY SERVICES

NICK MANN                                       DIRECTOR CITY TRANSPORT & PRESENTATION

HELEN SUI                                         DIRECTOR CORPORATE SERVICES

LIANA THOMPSON                           DIRECTOR PARTNERSHIPS, PLANNING & ENGAGEMENT

MICHAEL TONTA                              MANAGER GOVERNANCE

 


Ordinary Council Minutes                                                                      Tuesday 4 June 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 Awards.. 9

IPEWA Award – Engineering.. 9

Hart Award – Reconciliation Group.. 9

1.4         Present.. 10

2.            Apologies.. 10

3.            Declarations of Interest. 11

4.            Confirmation of Minutes of Previous Meeting.. 11

5.            Questions, Petitions and Joint Letters.. 11

5.1         Questions To Councillors.. 11

5.1.1       Cat Management in the City of Whittlesea.. 11

5.1.2       Live streaming of council meetings.. 11

5.2         Petitions.. 13

5.2.1       Petition – Requesting Council Support for the continued Funding of the Whittlesea Country Music Festival. 13

5.2.2       Granting of liquor licence.. 13

5.2.3       Aged Care Service Provision.. 13

5.3         Joint Letters.. 14

Nil Reports.. 14

6.            Officers’ Reports.. 15

6.1         Partnerships, Planning & Engagement. 17

6.1.1       1/59 Miller Street, Epping - Use of a Convenience Restaurant, a Reduction in the required car parking rate and Liquor License.. 17

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. 25

6.1.3       Whittlesea Planning Scheme Review 2018. 49

6.1.4       42 Thernholme Crescent Doreen - Construction of three dwellings.. 133

6.1.5       Assemblies of Council Report - 4 June 2019. 151

6.1.6       60 Eleventh Avenue, Eden Park - Use of the Land for Animal Keeping.. 155

6.2         Community Services.. 167

6.2.1       Aged Care Reform - An Update -  Getting the Best Outcome for the Community.. 167

6.2.2       Equal and Safe Strategy: Improving Gender Equality and Preventing Violence Against Women.. 187

6.2.3       Redevelopment of McLeans Road Kindergarten - Response to Petition.. 223

6.3         City Transport and Presentation.. 231

6.3.1       2018-23 Provision of Pre-Booked Kerbside Green Waste Collection Tender Evaluation.. 231

6.3.2       City of Whittlesea Biodiversity Strategy and Action Plan   235

6.3.3       Quarry Hills Regional Parkland Landscape Master Plan   305

6.3.4       Huskisson Recreation Reserve Master Plan, Lalor.. 341

6.4         Corporate Services.. 393

6.4.1       Lease - 3ME NETWORK AUSTRALIA (radio) - Part of 100W Great Eastern Way South Morang.. 393

6.4.2       Lease - Ausnet Services - Mill Park Leisure Centre redevelopment. 401

6.4.3       Lease - Citywide Service Solutions - Epping Depot - 68-96 Houston Street Epping.. 407

6.4.4       2019 Procurement Policy Review... 415

6.4.5       2018/2019 Council Action Plan - Quarter 3 Update.. 467

6.5         Executive Services.. 479

6.5.1       MEETINGS OF THE CHIEF EXECUTIVE OFFICER 24 APRIL TO 22 MAY 2019. 479

7.            Notices of Motion.. 483

7.1           Notice of Motion No 867 - Live Streaming of Council Meetings.. 483

7.2           NOTICE OF MOTION NO 871 - PARKING SIGNAGE ON PART OF CHILDS ROAD MILL PARK.. 487

 

9.            Urgent Business.. 488

9.1           Bicycle lane on Dalton Road, Epping.. 488

10.         Reports from Delegates Appointed to Council by Other Bodies. 489

11.         Confidential Business. 489

11.1       Partnerships, Planning & Engagement. 489

Nil Reports.. 489

11.2       Community Services.. 489

Nil Reports.. 489

11.3       City Transport and Presentation.. 489

Nil Reports.. 489

11.4       Corporate Services.. 489

Nil Reports.. 489

11.5       Executive Services.. 489

Nil Reports.. 489

11.6       Notices of Motion.. 489

Nil Reports.. 489

12.         Closure.. 490

 

 

Note:

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

 

 

 


Ordinary Council Minutes                                                                      Tuesday 4 June 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

On behalf of the City of Whittlesea the Mayor 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 Awards

IPEWA Award – Engineering

I am pleased to announce that the City of Whittlesea received the Excellence in Public Works award - for a project less than $2M, at the Institute of Public Works Engineering Association 2019 Engineering Excellence Awards. Council received the award for the Missing Links Program which prioritises the building of footpaths ahead of development.

The program responds to community concerns regarding the disconnection of communities, resulting from out-of-sequence development. Council Officers delivered 25 shared path projects through the Missing Links Program in the 2018/19 financial year.

The program has identified a range of community benefits, including improved physical activity and social cohesion, improved road safety, and improved accessibility to local community hubs for pedestrians and cyclists. As a result of the program there has been an increase in active travel to schools.

It’s exciting to note Council has been announced as a finalist to the International IPWEA Conference for the project. The winner of the international awards will be announced in August 2019.

Congratulations to all staff involved in the program.

Hart Award – Reconciliation Group

It is my pleasure to also announce that the Whittlesea Reconciliation Group won the 2019 Community Organisation Category at the HART - Helping Achieve Reconciliation Together Awards.

The Whittlesea Reconciliation Group received the award for their Kulin Village at Council’s Whittlesea Community Festival.The Kulin Village was an experience of Aboriginal culture, music and dance. There were unforgettable performances from an array of talented artists, workshops and activities. There was the bush kinder, animals of Oz, indigenous food, clapstick making, yarning circles and so much more.

The HART Awards are presented by Reconciliation Victoria to recognise initiatives that contribute to local reconciliation outcomes.

The Whittlesea Reconciliation Group received a beautiful handcrafted coolamon as an award and a prize of $1000 to support their reconciliation initiatives.Although this award was for the Kulin Village at the Whittlesea Community Festival I believe that the award is recognition of the work that Whittlesea Reconciliation Group have put in over the years to help our community to move forward.

Congratulations to all involved.

1.4       Present

Members:

Cr Lawrie Cox                     Mayor (South West Ward)

Cr Stevan Kozmevski          Councillor (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 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

Mr Russell Hopkins             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

 

Cr Lalios moved an apology for Cr Kirkham for this meeting.

Council Resolution

Moved:                       Cr Lalios

Seconded:               Cr Kelly

 

THAT the Councillor's apology be received.

                                                                                                                                    Carried

3.         Declarations of Interest

NIL or select from the following options for type of interest and delete others:

4.         Confirmation of Minutes of Previous MeetingS

Council Resolution

Moved:                       Cr Joseph

Seconded:               Cr Alessi

 

That the Minutes of the Ordinary Meeting of Council held 7 May 2019, as circulated, be confirmed.

Carried

Council Resolution

Moved:                       Cr Joseph

Seconded:               Cr Sterjova

 

That the Minutes of the Special Meeting of Council held 21 May 2019, as circulated, be confirmed.

Carried

5.         Questions, Petitions and Joint Letters

5.1       Questions To Councillors

5.1.1 Cat Management in the City of Whittlesea

Susan Teese – Cat Management

When does Whittlesea Council plan to introduce laws to ensure cats are contained to their owners’ property and apply a curfew from dusk to dawn?

The Mayor, Cr Cox:

Council does not currently have plans to introduce a cat curfew, however this may be considered in the future. To help manage trespassing cats, Council offers a free cat trapping service which involves a cat trap being delivered to residents to set up on their property to catch any trespassing cats. Any cats caught are then collected by Council’s Animal Management Officers.

If a cat curfew was introduced, Council would still rely heavily on the cat trapping program as it is the safest and most practical method of capturing wandering cats.

Susan Tesse

Does Whittlesea Council always fine cat owners whose cats have been trapped and picked up by rangers, how much is the fine and is it always applied and when does Whittlesea Council plan to increase the fine for repeat offenders?

The Mayor, Cr Cox:

As Council does not have a cat curfew in place, fines do not apply to owners whose cats are caught ‘at large’. However, owners who reclaim their cat must pay pound release fees (minimum $100) and infringements apply if the cat is unregistered (currently $322).

The fine for a cat being found ‘at large’ is a maximum of one penalty unit, which in 2018-19 equates to $161.19. The value of a penalty unit is set by the State Government annually and it usually increases marginally each year. Subsequent offences attract a fine of a maximum of three penalty units.

As most cats that are impounded go unclaimed, it is unclear whether a cat curfew and associated infringements would result in the desired behaviour change from cat owners.

5.1.2 LIVE STREAMING OF COUNCIL MEETINGS

Trevor Carroll

In relation to Agenda Item 7.1 and Live Streaming of Council Meetings, despite being

given a written commitment from Mr Michel Tonta on the 14 November 2018 after raising the issue the night before during Question Time, that “If Council decides at a later stage to reconsider live streaming of Council meetings, the officers will ensure that the issues raised by you relating to accessibility are addressed”; I have no way of knowing whether the officers have done this because the Live Streaming of Council Meetings Protocol is not attached to the Agenda tonight and I want to know why and whether the accessibility issues I raised previously have been addressed in a revised version?

The Mayor, Cr Cox:

Thank you for your question.

Council will be considering a Notice of Motion submitted by Cr Monteleone which proposed that Council live stream Council meetings to Council’s website commencing in July 2019. 

If a decision is made to proceed with live steaming for the July 2019 Council meeting, the officers will review the Protocol document to ensure that no one is unreasonably prevented from participating in the live steam and that the accessibility issues you raised previously are addressed.

The answers provided verbally by the Mayor at the meeting in response to questions asked by members of the public and that are reproduced in these minutes 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.

 


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

5.2       Petitions

5.2.1    Petition – Requesting Council Support for the continued Funding of the Whittlesea Country Music Festival

Petition from 103 residents requesting Council support for the continued funding of the Whittlesea Country Music Festival.

Council Resolution

Moved:                       Cr Pavlidis

Seconded:               Cr Desiato

 

THAT Council resolve to receive the petition from 103 residents requesting Council support for the continued funding of the Whittlesea Country Music Festival and consider the petition in conjunction with the Council Report on the Declaration of Rates and Adoption of the 2019/20 Budget at the Special Council Meeting on Thursday 6 June 2019. 

 

Carried

 5.2.2   Granting of liquor licence

Petition from 137 residents to immediately grant a liquor licence to Souvlakia on Millers.

Council Resolution

Moved:                       Cr Pavlidis

Seconded:               Cr Joseph

 

THAT Council resolve to receive the petition and that this petition be considered in conjunction with the Council Report on Item 6.1.1 1/59 Miller Street Epping – Use of a convenience restaurant, a reduction in the required car parking rate and liquor licence.

Carried

5.2.3    Aged Care Service Provision

Petition from 530 residents regarding the reinstatement of all home and community care services provided to elderly residents prior to July 2018, including lawn mowing, home maintenance and trade services.

Council Resolution

Moved:                       Cr Lalios

Seconded:               Cr Pavlidis

 

THAT Council resolve to receive the petition and that this petition be considered in conjunction with the Council Report on Item 6.2.1 Aged Care Reform – An Update – Getting the best outcome for the Community and in the adoption of rates at the 6 June 2019 Special Council Meeting.

Carried

 

5.3       Joint Letters

Nil Reports 


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

6.         Officers’ Reports

Recommendation

THAT Council resolve to adopt the Recommendations for items numbers 6.1.3, 6.1.4, 6.1.5, 6.3.1, 6.3.2, 6.3.3, 6.4.3, 6.4.5, 6.5.1.

 

 

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 4 June 2019

 

6.1       Partnerships, Planning & Engagement

6.1.1      1/59 Miller Street, Epping - Use of a Convenience Restaurant, a Reduction in the required car parking rate and Liquor License

Attachments:                        1        Locality Map   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Planning Officer   

 

Attachments:                                 Locality Plan, Aerial Image

APPLICATION NUMBER:   718075

APPLICANT:                                  Androulla Charalambous

COUNCIL POLICY:              Nil

ZONING:                               Activity Centre Zone

OVERLAY:                            Development Contributions Plan Overlay

REFERRAL:                          Transport Engineering

OBJECTIONS:                      Six (6) Objections

RECOMMENDATION SUMMARY

It is recommended that Council refuse the application as the proposed use is inappropriately located and will impact on the amenity and car parking provision within the area.

KEY FACTS AND / OR ISSUES

·    This application was presented to the 7 May 2019 Council meeting for a decision, however the item lapsed for want of a mover.

·    The proposal seeks to use the premises as a Convenience Restaurant with a liquor license to serve alcohol for consumption on site and a reduction in the required car parking rate.

·    The existing premises has four car parking spaces allocated in the shared car parking area and the use requires a total of 15 car parking spaces.

·    The convenience restaurant proposes to seat 50 patrons. The previous use as a takeaway food premises did not provide seating on site.

·    The premise is one of 16 within the original warehouse development, with the proposed parking to be shared with the existing car parking spaces located along the shared central accessway.

 

Report

SITE AND SURROUNDING AREA

The subject site is located on the west side of Miller Street, approximately 460m from Cooper Street, Epping (Attachment 1).

The subject site comprises Warehouse Unit 1 at 59-61 Miller Street, Epping.  Unit 1 occupies 197m2 of the 1935m2 industrial site.  Planning Permit No. 709568 was issued on 20 April 2006 and amended on 31 October 2006 for the construction of sixteen (16) warehouses on the site. The development included the provision of 44 car parking spaces on site. 

Planning Permit 710200 was issued on 20 July 2007 for unit 1, for the Use of part of the land for a takeaway food premises, including a reduction in the required car parking rate.

The surrounding area is generally characterised by industrial development, with a transport depot directly to the south of the site, and various industrial development in the immediate locality. 

Based on the information provided by the applicant, objectors, and from observations during site visits, it appears the proposed convenience restaurant use has commenced on site without prior planning permission.

BACKGROUND

The item was presented to the 7 May 2019 Council meeting for a decision, however the motion lapsed for want of a mover.

restrictions and easements

The site is legally described as Lot 1 PS 548969R and is not affected by any restrictive covenants or Section 173 agreements.

Proposal

It is proposed to use the subject premises as a Convenience Restaurant, with Liquor Licence and a reduction in the required rate of car parking.

The application seeks to increase the number of seats provided on site, from 0 to 50. The convenience restaurant would serve liquor for consumption on site. Deliveries to the site would be to the goods delivery area and storage room abutting the shared body corporate car park. A total of 6 staff would work within the convenience restaurant.

The hours of operation proposed are as follows:

Monday:                                 Closed

Tuesday – Wednesday:         11am – 8pm

Thursday – Saturday:            11am – 10pm

Sunday:                                  11am – 8pm

Public Notification

Advertising of the application has resulted in 6 objections being received. The grounds of objection primarily relate to amenity, and traffic and parking concerns.

Planning applications are regularly exempt from advertising within the Epping Activity Centre Zone, however notice of the current application was required as there is no exemption for the proposed liquor licence component of the proposal.

planning assessment

State Planning Policy Framework

 

Clause 11.03-1S Activity Centres

The objective of this clause is to encourage the concentration of major retail, residential, commercial, administrative, entertainment and cultural developments into activity centres that are highly accessible to the community. The use of land must support the role and function of each centre in the context of its classification. Whilst the proposal generally fits within this scope, the site is not considered appropriate for this use.

Clause 18.02-5 Car parking

The objective of this clause is to ensure an adequate supply of car parking that is appropriately designed and located. The proposed use does not provide the required number of car parking spaces and will require a car parking reduction, which is likely to detrimentally impact on the other tenancies within this development as well as the street network. The proposal therefore is not considered to meet the objective of this clause.

Local Planning Policy Framework

Clause 21.10 Economic Development

The subject site is located within the Epping Commercial/employment area, where the preference is to create additional jobs and a greater diversity in employment sectors. Whilst the proposal would ultimately provide some jobs, the site is not considered appropriate for this use as a consequence of amenity impacts to the overall development as well as to the immediate context.

Zoning and Overlay Provisions

 

Clause 37.08 Activity Centre Zone

The subject site is located in Precinct 8 of the Activity Centre Zone, within the Epping Central Metropolitan Activity Centre. Precinct 8 is a high change employment precinct with significantly increased employment densities, and encourages the development of industrial uses. The use of land as a Convenience Restaurant (Food & Drinks Premises) is a Section 1 – Permit Not Required use if the following condition is met:

 

Must be in Precincts 6 or 7, or sub-precincts 1A or 4A. If located in Precinct 7 or sub-precinct 6D, the leasable floor area must not exceed 100 square metres.

 

The proposed use of the site as a Food and Drink Premises does not meet this condition, and is therefore a Section 2 – permit required use.

 

Clause 45.06 Development Contributions Plan Overlay (Schedule 3 & 14)

 

The site is affected by the Development Contributions Plan Overlay.  Pursuant to Clause 45.06 of the Whittlesea Planning Scheme, the Development Contributions Plan Overlay enables the levying of contributions for the provision of works, services and facilities prior to development commencing. The proposal does not include any buildings and works, or increases to impervious floor area. Therefore no funds leviable as part of this application.

Particular Provisions

Clause 52.06 Car Parking

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

Use

Clause 52.06 rate

Patron numbers

Car spaces required

Car spaces provided

Complies

Convenience Restaurant

0.3 per patron

50

15

4

No

Planning Permit No. 709568 for the development of sixteen warehouse units on the site provided 44 car spaces for a gross floor area of 2810m2. Based on an allocation of car spaces per square metre, Unit 1 would be entitled to 4 of the 44 car spaces.

 

The previous takeaway food and drink premises generated a parking demand of 7 spaces and approval was granted for the dispensation of 3 spaces in addition to the 4 spaces provided on site.  This previous reduction can be used as a credit in considering the current reduction, however a further 8 spaces are being reduced.

 

It is noted that some sharing of spaces could occur after hours when certain businesses might be closed, however during normal business hours for the parking to work, the seating would have to be reduced into the low 20’s.  This will create enforcement challenges and only considers parking, not the appropriateness of the use.

 

It is likely that customers to the premises would utilise the most convenient parking available, that being the shared car parking area of the 16-unit warehouse development.  The demand for those spaces is likely to detrimentally impact on the car parking available to the other businesses that share the central car parks and this impact is considered unacceptable, impacting directly on employment businesses.

Clause 52.27 Licensed Premises

The purpose of this clause is to ensure that licensed premises are situated in appropriate locations and to ensure that the impact of the licensed premises on the amenity of the surrounding area is considered.

 

A permit is required to use land to sell or consume liquor if a licence is required under the Liquor Control Reform Act 1998.

 

The application is for the sale and consumption of liquor on site, and does not involve the sale of packaged liquor. The subject site is located a minimum of 100m from residential land. The number of patrons proposed for this sort of use is considered excessive, with a maximum of 50 patrons on site at any one time.

 

There are concerns with the proposal and the potential impact on the amenity of the surrounding area, as well as the impact of the number of patrons proposed, and the hours of operation. Based on the information provided, there are concerns that the proposal will cause detriment to other tenancies within the development, and to the surrounding area.

Comments on Grounds of Objection

The grounds of objection can be summarised as follows:

1.       Use of the car spaces allocated to other tenancies:

The car parking area provided on site is shared equally between the 16 tenancies, with each unit allocated between 2-4 spaces based on square meterage of each tenancy. The allocation of spaces to each premises is not formalised, or marked on the spaces, rather it is shared arrangement between the tenancies based on the owners corporation entitlements on title.

On this basis, a person that owns or leases one of these tenancies has the reasonable expectation that this arrangement will provide them with an equal share in the car parking area, with the share proportionate to the size of their premises. The proposed use would require 15 car parking spaces, where only 4 have been allocated to this tenancy.  As noted earlier, there are concerns with the impact of the shortfall in parking provision.

2.       Operation of the business from the common body corporate area

Concerns were raised in relation to the business currently operating from the grassed area within the front setback of the subject building, and storing goods within the car parking area, both of which are common property. Various complaints were also reported in relation to supposed issues between the applicant, the body corporate of the site, and other tenants. Disputes between body corporates and tenants are not a planning consideration, and any approval would still require permission from the owners corporation to occupy that space.

3.       Security concerns

Concerns were raised regarding the security of the common property and other tenancies on site, and issues that may arise with the late hours of operation and the service of alcohol. If a permit were to issue, a site management plan and a patron management plan could be required to indicate what safety measures would be undertaken as part of the use.

Declarations of Conflicts of Interest

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

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

Conclusion

The application has been assessed against the planning zone provisions and other relevant planning provisions, including the State and Local Planning Policy Frameworks of the Whittlesea Planning Scheme, particularly Clause 52.06 Car Parking and Clause 52.27 Licensed Premises, and is considered to be inconsistent with the relevant policies and strategies of the Planning Scheme.  It is considered that the proposal is incompatible with the surrounding uses and development in the surrounding area. Therefore, it is recommended that the application for a Planning permit be refused.

 

 

Recommendation

THAT Council resolve to Refuse Planning Application No. 718075 and issue a Refusal to Grant a Planning Permit for Use of a Convenience Restaurant, reduction in the required rate of car parking and Liquor License, on the following grounds:

1.       The proposed scale of the use will detrimentally affect the amenity of the adjacent tenancies.

2.       The proposed reduction in the rate of car parking is inappropriate as it significantly reduces the number of shared car parking spaces available to other tenancies within the development.

3.       The proposal does not comply with the car parking requirements of Clause 52.06.

4.       The proposed use is inappropriately located and not in complimentary to the existing context.

 

Approval to use the common property areas shown on plan has not been gained.

Council Resolution

Moved:                       Cr Cox

Seconded:               Cr Alessi

 

THAT Council resolve to adopt the Recommendation.

Carried

 


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

PDF Creator


 

PDF Creator

 


Ordinary Council Minutes                                                                      Tuesday 4 June 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

·        This application was presented to the 2 April 2019 Council meeting for a decision, however the item was deferred 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.

 

·        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. 

 

BACKGROUND

 

This application was presented to the 2 April 2019 Council meeting for a decision, however the item was deferred 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.

 

Details of further consultation is provided within the public notification section of this report.

 

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.

Consultation (post Council Meeting)

Council Officers met with the permit applicant, operator and one of the objectors on 5 April 2019 to discuss their concerns and ongoing issues arising from operation of the site in proximity to their dwelling.  The applicant has agreed to add additional conditions to the permit limiting the use of various machinery (including crushers, rock breakers, and dump trucks) during evening, night time and early morning hours to resolve the ongoing concerns.  The applicant has also agreed to replace beepers with squawkers throughout the site for existing vehicles.

The agreed conditions have been included within the recommendation.

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                          and 1pm Saturday.

 

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

 

-     Add the following conditions as agreed between the applicant and objector:

 

(xxiv)   Crushing machinery must not be started prior to 5.30am.

 

(xxv)   No rock breaking can be undertaken before 7.30am or later than 7.00pm.

 

(xxvi)   The primary crusher must only be loaded using a front-end loader or excavator before 7.00am and after 7.00pm. Dump trucks must not be used during these periods.

 

(xxvii)  Squawkers must replace Beepers throughout the site.

 

Council resolution

Moved:                       Cr Kozmevski

Seconded:               Cr Pavlidis

 

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 – 9.00pm, 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-9pm 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.

 

-     Add the following conditions as agreed between the applicant and objector:

 

(xxiv)  Crushing machinery must not be started prior to 5.30am.

 

(xxv)   No rock breaking can be undertaken before 7.30am or later than 7.00pm.

 

(xxvi)  The primary crusher must only be loaded using a front-end loader or excavator before 7.00am and after 7.00pm. Dump trucks must not be used during these periods.

 

(xxvii) Squawkers must replace Beepers throughout the site.

CARRIED

 


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

PDF Creator


 

PDF Creator


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

6.1.3      Whittlesea Planning Scheme Review 2018

Attachments:                        1        Whittlesea Planning Scheme Review 2018 Report   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Principal Policy Planner   

 

RECOMMENDATION SUMMARY

Council adopt Whittlesea Planning Scheme Review 2018 report and forward it to the Minister for Planning in accordance with Section 12B the Planning and Environment Act, 1987.

KEY FACTS AND / OR ISSUES

·    Council is required by the Planning and Environment Act 1987, to regularly review the operations of its local planning scheme.  It is a procedural requirement which does not formally make any changes to the statutory controls of the planning scheme.

·    Regular reviews of the Planning Scheme support Council’s functions by integrating relevant land use planning content from adopted Council strategies into the planning framework to keep it relevant and up to date.

·    The review is informed by State and Local Government strategies, consultation with internal stakeholders, State Government agencies, and research papers identifying future trends.

·    The Whittlesea Planning Scheme Review 2018 report makes recommendations to improve the effectiveness and efficiency of the Whittlesea Planning Scheme.  These range from reviewing and updating content in the Planning Scheme to potential discreet projects aimed at addressing identified gaps.

·    Any proposed changes to the Whittlesea Planning Scheme will be subject to the usual statutory process and will be reported to Council for approval prior to commencement of any formal planning scheme amendment process

·    Following adoption of the Whittlesea Planning Scheme Review 2018 report, it will be forwarded to the Minister for Planning as required by the Planning and Environment Act, 1987. The deadline for submission is 31 July 2019.

 

 

Report

INTRODUCTION

Council is required to regularly review the operations of its local planning scheme.  The review commenced in January 2018 in line with its statutory obligation. However, with the introduction of the new Planning Policy Framework (PPF) in July 2018, as part of the State Government’s Smart Planning program, and Council’s participation in the translation of the Local Planning Policy Framework (LPPF) into the new PPF, finalisation of the review was extended to July 2019.

 

The outcome of the review is the Whittlesea Planning Scheme Review 2018 report (Attachment 1) which has been prepared in accordance with Practice Note 32: Review of Planning Schemes and the requirements under the Planning and Environment Act 1987.

 

The review follows the completion of the implementation actions identified in the last Planning Scheme Review report completed in 2013.

 

BACKGROUND

 

Councils have a statutory obligation to regularly review their planning schemes. The Planning and Environment Act 1987, requires planning schemes to be reviewed within a year of adopting the Council Plan.  Due to significant State planning reforms impacting on local planning schemes (Smart Planning program), an extension of time was granted. Council is now required to forward a copy of the Whittlesea Planning Scheme Review 2018 to the Minister for Planning by 31 July 2019.

The purpose of regular planning scheme reviews is to ensure local planning schemes remain relevant in guiding discretion on land-use planning and development outcomes.

 

Council’s last Planning Scheme Review was completed in 2013. It required a major overhaul of the planning scheme and was implemented in four stages.  Stages 1, 2 and 3 were completed via Amendments C159, C177 and C197. The final stage of implementation was a Maintenance and Continuous Improvement project which was completed in January 2018. 

 

Smart Planning

 

The Victorian Government’s Smart Planning program introduced a new PPF which came into operation on 31 July 2018 (VC148).  The new PPF integrates State and local planning polices and replaces the Municipal Strategic Statement (MSS) with a Municipal Planning Strategy (MPS).

 

The new PPF provides for transitional provisions which allow for Local Planning Policies to continue being operational until they are translated into the new MPS and PPF format. The City of Whittlesea was invited to be part of the first group of Councils to undergo the translation of their LPPF into the new format, a process which is being led by the Department Environment, Land, Water and Planning (DELWP).  The translation process is intended to be policy neutral and will not change the intent of Council’s approved planning scheme.

 

PLANNING SCHEME REVIEW 2018

 

The methodology used in undertaking the planning scheme review follows the State planning guidance outlined in Planning Practice Note 32: Review of Planning Schemes.  It examines the existing local policy content within Clause 21 and Clause 22 of the Whittlesea Planning Scheme (WPS), as well as the application and performance of the zones, overlays and schedules in the WPS. Given the previous 2013 Review went through a more extensive process, this 2018 Review was more procedural.

 

The review has also been informed by State and Local Government strategies, consultation with internal stakeholders, State Government agencies, and research papers which identify future trends for the municipality

 

The Whittlesea Planning Scheme Review 2018 report has found that the WPS is performing well and the implementation of the 2013 Review has been effective in updating and improving the scheme. Further, the review supports an on-going maintenance approach to ensure the planning scheme reflects the significant changes occurring in the municipality. 

 

The PSR 2018 report makes recommendations to improve the effectiveness and efficiency of the WPS to further improve its useability. The report discusses each issue in detail and makes several recommendations, some of which are summarises below:

 

Review of Existing Local Planning Policies

 

·    Identifies two local policies which are redundant and are no longer required (Telecommunications policy and Satellite Dish policy);  

 

·    Identifies five local policies which are still useful and relevant but require updating to reflect current statutory needs and the new PPF approach;  

 

Review Schedules for UGZ (Precinct Structure Plans)

 

·    Internal consultation with Council’s statutory planners has identified opportunities to improve implementation of the schedules to recently gazetted Precinct Structure Plans (PSP). This includes editing, re-wording of the schedules to reduce ambiguity.

 

·    Work with the VPA and DELWP to address some of the broader issues identified that require State Government co-ordination.

 

Update the Municipal Planning Strategy (replaces the Municipal Strategic Statement)

 

·    Update the Municipal Planning Strategy (MPS) to:

Reflect any strategies adopted by Council since the last 2013 Review, including the Land Capability Assessment report and the Municipal Biodiversity Strategy and Acton Plan (once completed).

 

Identify and reinforce the importance of sites of state wide significance in the MPS such as: the State significant Northern Industrial Precinct, Cooper Street Waste and Resource Recovery Hub, and other education / health precincts which contribute to employment.

 

Update Clause 11.03-2L - Growth Areas to reflect the relevant content from the PSPs which were gazetted since the 2013 Review.

 

Administrative

 

·    Undertake on-going corrective amendments to address anomalies identified in the report and existing Council databases.

 

 

 

Heritage 

 

·    Following changes introduced via State planning scheme amendment VC148, update the Heritage Overlay Schedule to incorporate Statements of Significance and Cultural Heritage Management Plans under the schedule for each heritage place.

 

Opportunities to address identified gaps

 

·    Consider updating the schedules to the gaming provisions in the planning scheme to address the health and social impacts of Electronic Gaming Machines (EGMs) for existing and emerging communities, in response to the changes implemented via State planning scheme amendment VC148.

 

Operational Improvements

 

·    The report identifies operational improvements to reflect the Victorian Auditor-General’s Office (VAGO) Managing Victoria’s Planning system report recommendations.

Once adopted by Council, the recommendations of the report will inform the forward work program of the Strategic Planning and Economic Development Department.  Each of the recommendations will be progressively worked through to implement the opportunities for improvement identified. 

CRITICAL DATES

The adopted Whittlesea Planning Scheme Review 2018 report is required to be forwarded to the Minister for Planning by 31 July 2019.

DISCUSSION

Overall the Whittlesea Planning Scheme Review 2018 has found that the implementation of the 2013 Review has been effective in updating and improving the planning scheme. Further, the Review supports an on-going maintenance approach to ensure the planning scheme reflects the significant changes occurring in the municipality. 

The Review makes recommendations to further improve the usability and effectiveness of the planning scheme in response to feedback provided by State agencies and internal stakeholders. The recommendations also support Council’s functions by ensuring the Planning Scheme is aligned with the Council Plan and integrating relevant land use planning content from adopted Council strategies into the planning framework to keep it relevant and up to date.

The recommendations are generally operational in nature, related to tidy ups and correcting identified anomalies, updating references and incorporating content from adopted Council strategies. This reflects the significant work already undertaken to implement the previous 2013 Review which was undertaken in four stages. The 2018 Review was more procedural.

Following Council adoption, the Whittlesea Planning Scheme Review 2018 report will be forwarded to the Minister for Planning in line with the requirements of the Planning and Environment Act

The recommendations of the report will then inform the forward work program of the Strategic Planning and Economic Development Department.  Each of the recommendations will be progressively worked through to implement the opportunities for improvement identified.  Any proposed changes to the planning scheme will be subject to the usual statutory process and will be reported to Council for approval prior to commencement of the formal amendment process.

Consultation

Consultation was tailored to reflect the technical scope of the project. A broad range of internal stakeholders were consulted, as well as various State Government agencies including the Department of Jobs, Precincts and Regions, Sustainability Victoria, Transport for Victoria, VicRoads, Environment Protection Authority and the Victorian Planning Authority.

Policy strategy and legislation

The planning scheme review supports the following state policy:

Plan Melbourne 2017-2050

Direction 1.2: Strengthen the competitiveness of Melbourne’s employment land

·        Initiative 1.2.2 Maintain the competiveness of employment land in Melbourne’s Growth Areas.

·        Initiative 1.2.3 Plan for commercial land and activity centre needs.

Direction 1.5: Plan for jobs closer to where people live

·        Initiative 1.5.2 Support development of metropolitan activity centres.

·        Initiative 1.5.3 Support planning of other Activity Centres.

Direction 2.1 Understand and plan for expected housing needs

·        Initiative 2.1.4 Develop more diverse housing in growth areas.

Direction 2.2 Reduce the cost of living by increasing housing supply near services and public transport

·        Initiative 2.2.4 Increase housing choice within walkable distance of railway stations in the growth areas.

Direction 2.3 Facilitate the supply of social housing

·        Initiative 2.3.1 Facilitate growth in the social housing sector.

Direction 2.4 Facilitate the supply of affordable housing

·        Initiative 2.4.2 Increase our understanding of affordable housing in the context of changing household types and needs.

·        Initiative 2.4.3 Accelerate investment in affordable housing.

Direction 3.3 Improve transport infrastructure, services and affordability in Melbourne’s newer suburbs

·        Initiative 3.3.1 Improve roads in growth areas and outer suburbs.

·        Initiative 3.3.2 Improve outer-suburban rail and bus networks.

Direction 5.3 Enhance the food production capability of Melbourne and its non-urban areas.

·        Initiative 5.3.1 Protect high quality agricultural land in and around Melbourne for food production.

 

Protecting Victoria’s Environment - Biodiversity 2037

The planning scheme review supports the following actions of this strategy:

Action 7.4 – The implementation of Plan Melbourne support local government to complete and implement green wedge management plans to protect and enhance the agricultural, biodiversity, environmental, natural resource, tourism, landscape and other values of each of Melbourne’s green wedges.

Action 7.6 – Prepare a metropolitan open space strategy that enhances recreation, amenity, health and well-being, specifies diversity, sustainable water management and urban cooling across Melbourne.

Action 11.1 – Examine the suite of Victorian private land conservation mechanisms and programs to assess their complementarity and investigate the pathways with the highest potential to increase landholder participation in biodiversity protection.

Action 11.2 – Undertake a co-design process with key stakeholders to review and update voluntary biodiversity management standards.

Action 11.3 – Initiate new biodiversity conservation auctions as a mechanism to protect biodiversity, particularly native vegetation on private land.

Action 12.1 – Co-design and implement the Biodiversity Response Planning process with stakeholders and partners across Victoria.

Action 18.1 – Investigate opportunities to secure more permanently protected areas on private land.

Victoria’s 30 year Infrastructure Strategy

The review supports a range of objectives of the Victoria’s 30 year Infrastructure Strategy including: preparing for population change, fostering healthy, safe and inclusive communities; reduce disadvantage; enable workforce participation; lift productivity; drive Victoria’s changing, globally integrated economy; promote sustainable production and consumption; protect and enhance natural environments; protect and enhance natural environments; advance climate change mitigation and adaptation; and build resilience to shocks.

Municipal Health and Well-being Plan 2017-2021

The review supports the land use planning recommendations of the Municipal Health and Well-being Plan, including: contributing to the creation of safe, connected, liveable and community focused environments; town centre and neighbourhood design which reflects their important role as the social focus of communities; undertake a feasibility study regarding the establishment of an Aboriginal Gathering Place; undertake alcohol related harms data monitored and analysed to inform planning and liquor licensing decisions; undertake scoping to inform the development of a local Food Security Policy and Partnership Plan that outlines Council and other stakeholders’ role in relation to food access, supply and use. 

Council adopted policies and strategies

 

The review recommends incorporating relevant land use content from Council adopted policies and strategies into the WPS.  The following documents were reviewed for their potential land use planning content for the Planning Scheme Review 2018 report:

 

·     Land Capability Assessment report

·     Open Space Strategy

·     Street Tree Management Plan 2016 – Greening our streets

·     Climate Ready Whittlesea – Climate change adaptation plan

·     Economic Development Strategy

·     Arts Development Strategy 2016-2020

·     Thomastown Industrial Area Plan 2018-2038

·     Community Building Strategy

·     Community Safety and Crime Prevention

·     Disability Action Plan

·     Health and Well-being Partnership Plan 2017-2021

·     Preventing Alcohol Related Harm Policy

·     Road and Public Transport Plan 2017

·     City of Whittlesea Road Safety Strategy 2017

·     Whittlesea Bicycle Plan 2016-2020

link to strategic risks

Strategic Risk Governance - Councillors - Ineffective Council governance resulting in legislative non-compliance; breaches of duties of a Council; breaches of duties of a Councillor

Councils have a statutory obligation to regularly review their planning schemes under the Planning and Environment Act 1987. It is a procedural requirement which does not formally make any changes to the statutory controls of the planning scheme. Council is required to forward a copy of the Whittlesea Planning Scheme Review 2018 to the Minister for Planning by 31 July 2019. 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Liveable neighbourhoods

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

Strategic Objective                        Our neighbourhoods are designed to be well-connected and create cohesive communities

Council Priority                             Planning and Infrastructure

 

The Planning Scheme Review 2018 supports Council’s goals of liveable, well-designed neighbourhoods and vibrant town centres.  The regular review of the Planning Scheme ensures that the planning framework responds to the direction outlined in the Council Plan. 

The Planning Scheme Review 2018 consolidates land use planning related matters for consideration and provides recommendations for improvements to further strengthen Council’s position on key environmental, social and economic matters which can be influenced by the planning scheme.

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 completion of the Whittlesea Planning Scheme Review 2018 satisfies Council’s obligations under the Planning Environment Act 1987. 

The Whittlesea Planning Scheme Review 2018 report makes recommendations for improvements to the Whittlesea Planning Scheme. These recommendations aim to improve the useability and effectiveness of the planning scheme in response to feedback provided by State agencies and internal stakeholders. The recommendations also support Council’s functions by integrating relevant land use planning content from adopted Council strategies into the planning framework.  This will assist in improving the land use outcomes sought by Council. 

The recommendations are generally operational in nature, related to tidy ups and correcting identified anomalies, updating references and incorporating content from adopted Council strategies.  Some recommendations relate to potential new projects aimed at addressing identified gaps.

Following adoption by Council, the Whittlesea Planning Scheme Review 2018 report is required to be forwarded to the Minister for Planning. This is a procedural requirement under the Planning and Environment Act 1987, it does not formally make any changes to the statutory controls of the planning scheme. 

The recommendations of the report will inform the forward work program of the Strategic Planning and Economic Development Department.  Each of the recommendations will be progressively worked through to implement the opportunities for improvement identified.  Any proposed changes to the planning scheme will be subject to the usual statutory process and will be reported to Council for approval prior to commencement of the formal amendment process.

 

RECOMMENDATION

THAT Council resolve to adopt the Whittlesea Planning Scheme Review 2018 report and forward a copy of the report to the Minister for Planning pursuant to Section 12B of the Planning and Environment Act.

 

Council Resolution

Moved:                       Cr Sterjova

Seconded:               Cr Kozmevski

 

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

Carried

 


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF CreatorPDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

6.1.4      42 Thernholme Crescent Doreen - Construction of three dwellings

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Planning Officer   

 

APPLICANT:                        Dovetail Developments

COUNCIL POLICY:              21.09     Housing

ZONING:                               General Residential Zone

OVERLAY:                            Vegetation Protection Overlay

REFERRAL:                          Nil

OBJECTIONS:                      4, including one petition with 14 signatories

RECOMMENDATION SUMMARY

That Council resolve to refuse Planning Application No. 718185 for the construction of three dwellings at 42 Thernholme Crescent, Doreen on the basis that it represents an overdevelopment of the site.

KEY FACTS AND / OR ISSUES

·    It is proposed to construct three double storey dwellings on a corner allotment. 

·    Notification of the application was undertaken and 4 objections, including one petition with fourteen signatories were received.  Grounds of objection included; proposal is contrary to the existing neighbourhood character, scale of the development, overdevelopment of the site, car parking and additional traffic, increased noise, and an increase in criminal activity in the area.

·    The proposal does not show a satisfactory level of compliance with Clause 55 (ResCode) suggesting an overdevelopment of the site through failing to respond to the existing character of the area, provision of inadequate setbacks and integration with the street, as well as adopting poor sustainability and landscaping opportunities.  

 

Report

SITE AND SURROUNDING AREA

The site is a residential property located on the corner of Thernholme Crescent and Nash Grove in Doreen, approximately 440m west of Laurimar Boulevard (see Attachment 1).

The site has a 19.5m frontage to Thernholme Crescent and has a side frontage of 32.0m to Nash Grove and a total site area of 620sqm. The site has a 3 metre slope which falls from the northeast to the southwest corner.

The site currently contains a single storey brick dwelling, with a pitched tiled roof, and a double garage.  Vehicle access to the dwelling is obtained from a crossover and accessway along the western boundary which faces Thernholme Crescent.  There is no front fence; however, a side fence extends along the frontage of Nash Grove.

The site is located within the Laurimar Harrisons View Estate and the lots in this immediate area predominately consist of detached single storey residential dwellings of a contemporary design with face brickwork and some rendering. Allotments range in size from approximately 400sqm to 800sqm with frontages of 12.5 metres to 22 metres. The front setback of these lots are well landscaped and front fencing is not a common feature in the neighbourhood.

Medium density developments are not a predominate characteristic of the surrounding area; however, there is one medium density product located on the corner of Nash Grove and Bear Crescent. 

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

·    Chadwick Park – McKenzie Way – (150m north)

·    Bus Route 381 – Mernda Station to Diamond Creek (600m east)

·    Laurimar Primary School (1km south east)

·    Woolworths – Hazel Glen Drive (1.1k m south east)

·    Mernda Railway Station (3.3km south west)

restrictions and easements

The site is described as Lot No. 523 on Plan of Subdivision No. 608535V. 

The Certificate of Title submitted as part of the application indicates that the site is not subject to any Restrictive Covenants or Section 173 Agreements.    

A 2.0m wide drainage easement runs along the southern rear boundary of the site.   

Proposal

The application seeks approval for the construction of three dwellings on a corner allotment with one dwelling having a frontage to Thernholme Crescent and the others to Nash Grove (see Attachment 2).  The existing dwelling and associated structures will be demolished.  Three vehicle crossovers are proposed for access to each of the dwellings.

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

Dwelling No.

Height / Scale

No. of Bedrooms

Setbacks

Secluded Private Open Space

Car Parking

Dwelling No. 1

Facing Thernholme Cres

Double Storey

4

4.0m front (west)

3m side (north)

0m side (south)

0m rear (east)

30.0m²

Single Garage and Tandem Car Space

Dwelling No. 2

Facing Nash Grove

Double Storey

4

2.2m front (north)

0m side (west)

0m side (east)

2.0m rear (east)

38.0m²

Single Garage and Tandem Car Space

Dwelling No. 3

Facing Nash Grove

Double Storey

4

2.8m front (north)

0m side (west)

0m side (east)

2.0m rear (east)

37.0m²

Single Garage and Tandem Car Space

Public Notification

Advertising of the application has resulted in 4 objections, including one petition with fourteen signatories, being received.  The grounds of objection can be summarised as follows:

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

2.       The scale of the development;

3.       Overdevelopment of the site;

4.       Car parking and additional traffic;

5.       The proposal will set a negative precedent for the area;

6.       Increased noise; and,

7.       An increase in criminal activity in the area.

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

GENERAL RESIDENTIAL ZONE (SCHEDULE 1)

Planning approval is required for the construction of more than one dwelling on a lot within this zone.  The application for the construction of more than one dwelling on a lot must meet the requirements of Clause 55 of the Scheme (ie. ResCode).

Pursuant to Clause 32.08-4, a lot must provide the minimum garden area at ground level. As the site is between 501-650m2 at least 30% of the site must be retained as garden area. The proposal provides approximately 186m2 (30%) of garden areas and therefore the proposal achieves compliance with Clause 32.08-4.

VEGETATION PROTECTION OVERLAY - SCHEDULE 1

The Vegetation Protection Overlay aims to protect native vegetation in the Plenty Valley and surrounding areas of Mernda, Doreen and South Morang. 

The subject land does not contain any existing vegetation. Therefore, this overlay is not relevant to the proposed works.

ASSESSMENT AGAINST CLAUSE 55 OF THE WHITTLESEA PLANNING SCHEME

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

·    Must meet all of the objectives

·    Should meet all of the standards

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

 

ü - Compliance
× -  Non compliance

Objectives

Standards

Comments

B1

Neighbourhood Character

x

x

The overall form, scale and siting of the proposal fails to meet the objectives of Clause 55.02-1 - Neighbourhood Character, as it does not respect the characteristics of the existing and emerging neighbourhood seen in the Laurimar Harrisons View Estate. 

From a review of the existing neighbourhood character the following established design elements and features of dwellings in the immediate area have been identified:

Lots range in size from approximately 400sqm to 800sqm.

Lots have frontages of 12.5 metres to 22 metres.

Singular crossovers accessing each allotment.

Each allotment has a side setback from at least one boundary.  

Elaborate and generous landscaping to the front setback, embellished through consistent dwelling integration treatment where no amount of hard surface area in the front setback undermines this space.

The proposed development does not have regard to this character for the following reasons:

The development proposes a double storey boundary to boundary development.

Three dwellings on the 620sqm lot would result in a density of 206.6sqm per lot which is an uncharacteristic density with this area of the Laurimar Harrisons View Estate. 

There is limited opportunity for any meaningful landscaping to present to the neighbourhood due to the proposed fencing and limited front setbacks for Dwelling No. 2 and No. 3.

These inconsistencies indicate that the proposal is an inappropriate development that does not respect the pattern of local urban structure and subdivisions. The proposal is considered to be a departure from the existing and emerging character of the area.

 

B2

Residential Policy

P

P

 

B3

Dwelling Diversity

N/A

N/A

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

B4

Infrastructure

P

P

 

B5

Integration with the street

x

x

The location of the secluded private open space for proposed Dwelling No. 1 and its associated 1.8 metre high brick fence is considered to compromise the developments level of compliance with this objective.

Relying on this area for secluded open space impacts on the dwellings ability to appropriately integrate with the streetscape and the preferred neighbourhood character.   

Furthermore, the front setbacks associated with Dwelling No. 2 and Dwelling No. 3 are limited which also impacts on the proposal ability to provide meaningful landscaping opportunities to the streetscape.

It is considered that the non-compliance of this standard is symptomatic of the application being an overdevelopment.

B6

Street setback

x

x

Dwelling No. 2 proposes a 2.2 metre front setback and Dwelling No. 3 proposes a 2.8 metre front setback.

In this instance the standard requires these dwellings to have a 3.0 metre front setback at a minimum.

The reduced street setback for these dwellings alongside continuous built form on the ground floor and minimum separation on the first floors is considered symptomatic of an overdevelopment of the site. 

B7

Building height

P

P

 

B8

Site coverage

P

P

 

B9

Permeability

P

P

 

B10

Energy efficiency

x

x

The proposed dwellings are limited with the provision of north facing windows for their living/dining/kitchen areas which is particularly evident for Dwelling No. 2 and Dwelling No.3.  

Furthermore, the location of the living area and private open space for proposed Dwelling No. 2 and Dwelling No. 3 is not considered an acceptable outcome.

It is considered the poor energy efficient design response for these dwellings is symptomatic of the sites constraints and speaks to the proposal being an overdevelopment.  

B11

Open space

N/A

N/A

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

B12

Safety

P

P

 

B13

Landscaping

x

x

It is considered the landscaping opportunities across the site are tokenistic.  The proposed vegetation within the front setbacks are not considered adequate for the scale of development. The front setbacks are dominated by the dwellings, hard surfaces required for the crossovers/ tandem car parking spaces and brick fencing.

Therefore, it is considered that the proposed landscaping does not adequately compliment the medium density outcome nor does it significantly contribute to the neighbourhood character.

B14

Access

x

x

The proposed access arrangement for proposed Dwelling No. 1 is of particular concern.

The angled arrangement of this crossover and its inability to run parallel with the fence line indicates the site constraints for this scale of development. 

It is also worth noting the proposed crossover for Dwelling No. 2 would require the removal of an existing established street tree.

The design of vehicles crossovers should respect the neighbourhood character and it is considered this particular access point is of a poor design response. 

B15

Parking location

P

P

 

B17

Side and rear setbacks

P

P

 

B18

Walls on boundaries

P

P

 

B19

Daylight to existing windows

P

P

 

B20

North-facing windows

x

x

The solar access to the north facing habitable room window of the neighbouring dwelling to the south (40 Thernholme Crescent, Doreen) will be unreasonably reduced by the proposed development. 

The garage associated with Dwelling No. 1 does not comply with this standard as it is not setback the required distance. 

The double storey bulk of the overall development is also likely to have an unreasonable amount of impact on solar access to this habitable room window during the morning hours.  

B21

Overshadowing open space

P

P

 

B22

Overlooking

P

P

 

B23

Internal views

P

P

 

B24

Noise impacts

P

P

 

B25

Accessibility

P

P

 

B26

Dwelling entry

P

P

 

B27

Daylight to new windows

P

P

 

B28

Private open space

P

P

 

B29

Solar access to open space

x

x

The three proposed dwellings provide an area greater than 40sqm however the concern relates to the configuration and usability of these spaces.  The secluded private open spaces for Dwelling No. 2 and Dwelling No. 3 are poorly orientated and do not maximise their opportunity for solar access.

This outcome is considered to be symptomatic of the proposal not appropriately responding to the sites layout and constraints.

B30

Storage

P

P

 

B31

Design detail

x

x

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

B32

Front fences

P

P

 

B33

Common property

P

P

 

B34

Site services

P

P

 

CAR PARKING 

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

Dwelling No.

No. of Bedrooms

Car Spaces Required

Car Spaces Provided

Complies

1

4

2

2

Yes

2

4

2

2

Yes

3

4

2

2

Yes

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

Comments on Grounds of Objection

1.   The proposal is contrary to the existing neighbourhood character

As discussed within the response to Clause 55, the proposal fails to respect the existing neighbourhood character. 

2.   The scale of the development

As discussed within the response to Clause 55, the continuous built form at the ground floor level and separation between the dwellings at the first floor level is unacceptable and not consistent with other developments in the immediate area.    

3.   Overdevelopment of the site

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

4.   Car parking and additional traffic

The development proposes car parking which meets the minimum requirements of Clause 52.06 of the Whittlesea Planning Scheme.  Whilst meeting the requirements, provision of single garages with tandem spaces for three dwellings is not ideal given the size of the dwellings with four bedrooms.

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

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

 

6.   Excessive noise

The development as proposed complies with Standard B24 of the Whittlesea Planning Scheme which seeks to contain noise sources in developments that may affect existing dwellings and to protect residents from external noise.  The proposal is for residential use of the land in a residential area and the development will not require external mechanical plant or any other inappropriate source of noise.  While some additional noise will be generated by virtue of the greater number of residents on the land, this is acceptable in a residential area. 

7.   An increase in criminal activity in the area

This is an assertion with no supporting evidence. An increase in dwellings does not necessarily mean an increase in crime and in fact can actually reduce crime through increased activity and surveillance.

Declarations of Conflicts of Interest

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

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

Conclusion

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

A more suitable design response with reduced dwellings, greater setbacks, spacing and open space would be more site responsive and characteristic of the area.

 

Recommendation

THAT Council resolve to Refuse Planning Application No. 718185 for a multi-dwelling development comprising three double storey dwellings at 42 Thernholme Crescent, Doreen, on the following grounds:

1.       The proposed development does not achieve satisfactory compliance with Clause 55 (Rescode) of the Whittlesea Planning Scheme, in particular:- 

a)      Clause 55.02-1 – Neighbourhood Character;

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

c)      Clause 55.03-1 – Street Setback;

d)      Clause 55.03-5 – Energy Efficiency;

e)      Clause 55.03-8 – Landscaping;

f)       Clause 55.03-9 – Access;

g)      Clause 55.04-4 – North-facing windows; 

h)      Clause 55.05-5 – Solar Access to Open Space; and,

i)       Clause 55.06-1 – Design Detail.

2.       The proposed will result in an overdevelopment of the site and have an adverse impact on neighbourhood character.

Council Resolution

Moved:                       Cr Sterjova

Seconded:               Cr Kozmevski

 

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

Carried

 


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

PDF Creator


 

PDF Creator


Ordinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 Tuesday 4 June 2019

 



 


 


 


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

6.1.5      Assemblies of Council Report - 4 June 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

1 April 2019

Cr Cox

(Mayor)

MCBP

TLCI

DSO

1.     Aria Clemmet-Kennedy – Sporting Grant

2.     Canisha Clemmet-Kennedy – Sporting Grant

3.     Antonio Markovski – Sporting Grant

Nil disclosures

Councillor Briefing

9 April 2019

Cr Cox

(Mayor)

Cr Alessi

Cr Pavlidis

Cr Sterjova

CEO

ADCS

DCRS

DCTP

 

1.     Quarry Hills Regional Parkland Landscape Master Plan

2.     Equal and Safe Strategy – Improving Gender Equality and Preventing Violence Against Women

3.     City of Whittlesea Biodiversity Strategy and Action Plan

 

Nil disclosures

Councillor Briefing

30 April 2019

Cr Cox

(Mayor)

Cr Alessi

Cr Desiato

Cr Monteleone

Cr Pavlidis

 

CEO

DCS

DCRS

DCTP

ADPPE

 

1.     Huskisson Recreation Reserve Master Plan, Lalor

2.     Aged Care Reform Implementation - Update

Nil disclosures

The table below represents an Index of Officer titles:

Initials

Title of Officer

Initials

Title of Officer

ADCS

Acting Director Community Services – Jane Price

DCTP

Director City Transport and Presentation– Nick Mann

ADPPE

Acting Director Partnerships, Planning & Engagement – George Saisanas

DSO

Department Support Officer – Cheryl Gallagher

CEO

Chief Executive Officer – Simon Overland

MCBP

Manager Community Building and Planning – Belgin Besim

DCRS

Director Corporate Services – Helen Sui

TLCI

Team Leader Community Inclusion – Kelisha Nikitas

DCS

Director Community Services – Russell Hopkins

 

 

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.

link to strategic risks

Strategic Risk Governance - Management - Ineffective governance of Council’s operations and activities by Management resulting in either a legislative or policy breach.

Reporting assemblies of Councillor meetings is a legislative requirement which also promotes open and transparent decision making.

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 Sterjova

Seconded:               Cr Kozmevski

 

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

Carried

 


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

6.1.6      60 Eleventh Avenue, Eden Park - Use of the Land for Animal Keeping

Attachments:                        1        Locality Maps

2        Application documents   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Planning Officer   

 

APPLICANT:                                  Peter Cave

COUNCIL POLICY:              N/A

ZONING:                               Green Wedge Zone

OVERLAY:                            Bushfire Management Overlay

Restructure Overlay

REFERRAL:                          Health, Sustainability and, City Safety and Amenity (Animal Management). 

OBJECTIONS:                      Five objections received (originally six).

RECOMMENDATION SUMMARY

That Council resolve to refuse application 717913 for the use of the land for animal keeping at 60 Eleventh Avenue, Eden Park, as the proposal will cause unreasonable amenity impacts on neighbouring properties.

KEY FACTS AND / OR ISSUES

·    The application is retrospective, seeking to legitimise the use for keeping 19 animals (including breeding) on the subject site, following enforcement action.

·    The proposed use will be primarily located within the north-eastern portion of the subject site in close proximity to dwellings located on the adjoining lots. 

·    A total of six objections were received during the advertising period, one of which was later withdrawn.  Grounds of objection related to amenity impacts associated with noise and odour emissions, waste disposal and treatment of animals.

·    The proposed land use, does not demonstrate a satisfactory level of compliance with the relevant planning controls and is therefore considered incompatible within its context.  

 

 

Report

SITE AND SURROUNDING AREA

The subject site is large and rectangular in shape with an area of 2.44ha.  It is developed with a detached dwelling, a shed and a number of outbuildings associated with the animal keeping use. This includes a large outbuilding adjacent to the eastern boundary and smaller outbuildings in the north-east of the subject site.

There is limited vegetation across the site, with a mixture of native and exotic vegetation and a dam located in the south west corner.

The site is accessed via an existing crossover and driveway from Eleventh Avenue and the property is undulating in its topography with a rise and fall approximately 20m across the site, the high point being the north-west corner and the low point of the site being the south-west corner.

The surrounding area is made up of a mix of rural and residential uses, with large lots and developed with detached dwellings and associated outbuildings. Vegetation is mostly evident along property boundaries and to the west of the subject site which includes significant areas of native vegetation.

Land to the north, east and west have been developed with dwellings and associated outbuildings, while the site to the south is vacant of built form and includes native vegetation scattered across the site.  

restrictions and easements

The Certificate of Title submitted as part of the application indicates that the site is not subject to any Restrictive Covenants or Section 173 Agreements.    

Proposal

The proposal seeks to retrospectively legitimise the use of the land for the purpose of animal keeping (including breeding). Animal keeping is defined as land used to breed or board domestic pets or keep, breed, or board racing dogs.

 

The following animals are currently kept on the subject site: 

·    6 Cats, 

·    11 Dogs, 

·    1 Horse, 

·    1 Sheep.

 

The horse and the sheep are kept as pets. The location on site where animals will be kept has been fitted with four bays with a total of 16m of open area, and also has three bays of enclosed rooms, including a feed room, a storage room and second storage room with a roller door housing equipment.

 

A subsequent written statement was provided indicating that a maximum of 10 dogs will be accommodated on the premises at any one time. The applicant has also noted that the dogs are “old” and will not be replaced when they die. It is understood that the cats and dogs have been kept for animal shows.

 

The applicant has stated that previously that the dogs and cats have had litters on the subject site. The written submission does not indicate if animal breeding will continue on the subject site.

 

The application seeks to legitimise an external dog run and two cat run structures associated with the use.

 

The dogs are to be housed in the large outbuilding adjacent to the eastern boundary, and a number of dog runs (constructed of chain link fencing). The cats will be housed within the cat runs north of the existing dwelling.

 

Public Notification

Advertising of the application resulted in a total of six objections being received. One objection was later unconditionally withdrawn reducing the number back to five.

The grounds of objection can be summarised as follows:

1.       Emissions (noise and odour) and waste disposal.

2.       Treatment of the animals.

3.       The number of animals exceeds that allowable under the Green Wedge Zone.

PLANNING ASSESSMENT

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

 

Response to Policy Framework

 

The proposal fails to have adequate regard to the relevant State and Local Policies contained within the Whittlesea Planning Scheme.

 

Clause 13.07 relates to ‘Environmental Risks and Amenity’, and the purpose of this clause is: “To safe guard community amenity while facilitating appropriate commercial, industrial or other uses with potential off-site effects.”

 

Clause 13.07-1S –  contains the following objective: “(land uses should) safeguard community amenity while facilitating appropriate commercial, industrial or other uses with potential off-site effects.” Strategies to ensure use and development are appropriate functions of the area including directing land uses into appropriate locations as well as appropriate building design and land use separation measures.

 

The proposal is not considered to be consistent with Clause 13.07 as the amenity impacts to the adjoining properties would be unreasonable, particularly noise and odour, and these matters cannot be satisfactorily resolved via permit conditions. There is little separation between the proposed use and the adjacent dwellings, as well as the buildings that the proposal seeks legitimisation for have not been designed to ensure amenity impacts are appropriately managed.

 

The following sections of the Local Planning Policy Framework are relevant to the proposal:

 

·    Clause 21.02 – Municipal Strategic Statement.

·    Clause 21.04 – Settlement.

·    Clause 21.05 – Environmental and Landscape Values.

·    Clause 21.07 – Environmental Risk.

 

In response to the above local policy framework, whilst Animal Keeping would be a common land use within the Green Wedge Zone, the proposed intensity of the land use and its proximity to adjoining dwellings is considered to cause unreasonable amenity impacts to the adjoining land. As noted elsewhere in this report, due to the location and total number of animals and associated noise and odour, the proposal is not considered to be consistent with the above Local Planning Policies that seek to manage environmental risks and landscape values.  Furthermore, as the majority of works are considered to be unapproved, the proposal has not given due regard to the placement of these buildings (being near to the property boundaries).

 

The works are relatively minor and would be suitable without the proposed use, however their use is problematic due to the lack of consideration to design (being difficult to clean and not provided with any noise mitigation measures). In this context the relatively minor works are not suitable to be used in association with Animal Keeping.

 

Green Wedge Zone

 

Pursuant to Clause 35.04-1 and 35.04-5 of the Whittlesea Planning Scheme, a planning permit is required for the use and associated development of Animal Keeping on the site as the proposal seeks to keep more than five animals.

 

Whilst the zone allows for such uses to be considered, the subject site does not appropriately accommodate the proposed use or respect the existing amenity of the area. The site is located within a part of Eden Park where lot sizes are smaller and have been restructured, thereby containing dwellings. These neighbouring dwellings are located within approximately 100m of the activity area resulting in the site being unsuitable for the use with a lack of compatibility with adjoining land uses. This distance is considered close in the context of noise and odour produced by the animals and is an example of inadequate buffers between this land use and the adjoining land uses. It is also noted that the land use has been the subject of complaints as far back as 2011 (according to Council records).

 

Council’s Animal Management Officers attended the subject site prior to the lodgement of this application. The following is a summary of the details:

 

·    Council’s Animal Management Officer and a member of the RSPCA visited the subject site on the basis there were unregistered animals at the subject site. The site was found to be non-compliant with the requirements of the Local Law.

·    The conditions that the dogs and cats were kept in were considered to be poor. It was estimated that the animal pens had not been cleaned in some time as there was a build-up of faecal matter in all the pens. One of the dog runs was also poorly drained, which had led to a significant build-up of water and faecal matter.  This was determined to be a health hazard to animals and residents.

·    A foul smell was detected emanating from the area associated with the proposed land use.

·    It is also noted that the runs were cleaned with water, which was not entering any formal drain. Consequently, there was significant faecal matter surrounding the buildings associated with the use. This is likely to be the source of the foul odour. 

·    It is also noted that the member of the RSPCA removed one of the dogs.

 

Council’s Planning Enforcement officer subsequently visited the subject site to establish that a Planning Permit would be required for the land use.

 

The management behaviour is not something controlled by the planning scheme and whilst significant investment could be made to manage odour and drainage, noise issues cannot be overcome.  As such, it is considered the land use as proposed is not consistent with the decision guidelines, the purpose or the objectives of the Green Wedge Zone.  The use is considered the primary issue of concern, whilst the works are considered minor in relation to the subject site and are unlikely to unreasonably impact the surrounding area as stand alone structures. That being said, they have not been placed with due consideration for the adjoining sensitive interface. Given the size of the subject site and the proximity of dwellings surrounding the subject site, it may have been possible to locate the use with sufficient buffers to the sensitive interfaces which would have allowed significant mitigation measures to be implemented. The legitimisation of the existing use and development is considered to be flawed by its location and the limitations of infrastructure (such as a lack of suitable drainage, setbacks to sensitive land uses and any mitigation measures for noise which are unlikely able to achieve a satisfactory outcome).

 

Bushfire Management Overlay

 

The proposed use and the buildings associated with the use are not located within land affected by the Bushfire Management Overlay. Therefore, the proposal does not require planning permission under the overlay. 

 

Restructure Overlay

 

As the subject site is a restructured allotment, the use and development can be considered.

 

PARTICULAR PROVISIONS

Non applicable.

GENERAL

Should this application be refused, a maximum of 5 animals are permitted on the subject site. Alternative arrangements will need to be made by the owner for the remaining animals, who will not be permitted on the subject site.  Council’s Animal Management Officers will be available to assist the applicant where possible.

Comments on Grounds of Objection

1.   Emissions (noise and odour) and waste disposal.

Concerns have been raised regarding with the management and disposal of animal refuse on the land as well as emissions (namely noise and odour) from the site. The most prevalent of these are noise and odour. The generation of emissions is considered to be a poor amenity outcome as a result of the location of the animals being adjacent to the eastern property boundary and a number of nearby dwellings, all within approximately 100m. Any attempt to ameliorate the noise with acoustic fencing would be an unreasonable outcome within the context of a rural area.

2.   Treatment of the animals.

Numerous objectors have raised concerns regarding the treatment of animals on the subject site. It is noted that the property has been visited by the RSPCA and Council Animal Management Officers and some animals have been removed. However, the Whittlesea Planning Scheme does not provide scope to determine an application on the alleged behaviour of an applicant.

3.   The number of animals exceeds that allowable under the Green Wedge Zone.

It is noted that the Green Wedge Zone contains a limit of 5 animals for Animal Keeping without the need for a permit. However, there is no limit on number of animals that can be kept with a planning permit, subject to satisfying the relevant sections and considerations of the planning scheme.  The proposal is therefore not prohibited and requires a merits assessment. Notwithstanding that, and as noted elsewhere in the report, the proposal is not supported due to its unreasonable amenity impacts on the surrounding area.

Declarations of Conflicts of Interest

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

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

Conclusion

The proposal fails to provide an adequate response to the relevant State Planning Policy Framework, Local Planning Policy Framework and the Green Wedge Zone. This is due to the location of the dogs (being adjacent to the eastern boundary) and the amenity impacts (noise, odour and waste disposal) that are difficult to contain. It is therefore recommended that the use is incompatible with the area creating unreasonable impacts on adjoining properties and should be refused. 

 

 

RECOMMENDATION

THAT Council resolve to Refuse Planning Application No. 717913 and issue a Refusal to Grant a Planning Permit for Use and Development of the land for Animal Keeping at 60 Eleventh Avenue, Eden Park, on the following grounds:

1.       The proposal does not comply with Clause 35.04 – Green Wedge Zones as:

a)      The proposal will unreasonably impact the amenity of the adjoining properties, including noise, odour and waste disposal.

b)      The subject site is not suitable for the use and development.

c)      The proposed use of the site is not compatible with adjoining land uses.

2.       The proposal fails to provide a satisfactory response to the relevant State and Local Planning Policy Framework:

a)      Clause 13.07 - Environmental Risks and Amenity;

b)      Clause 21.05 – Environmental and Landscape Values;  and

c)      Clause 21.07 – Environmental Risk.

Council resolution

Moved:                       Cr Sterjova

Seconded:               Cr Joseph

 

THAT Council resolve to adopt the recommendation.

CARRIED

 


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

PDF Creator


 

PDF Creator


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

 


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

6.2       Community Services

6.2.1      Aged Care Reform - An Update -  Getting the Best Outcome for the Community

Attachments:                        1        Postive Ageing Strategy Desired Community Outcome Statements

2        Council Resolution 3 July 2018   

Responsible Officer:           Director Community Services

Author:                                  Aged Care Reform Implementation Project   

 

RECOMMENDATION SUMMARY

This report provides an update on implementation of Council’s 3 July 2018 resolution to maximise Positive Ageing outcomes and subsequent developments in the Aged Care sector as required, and proposes next steps to support an agile response to developments in Aged Care reform until June 2022.

The report recommends that Council resolves to:

1.   Continue to realign its role to enhance ways older residents can pursue fulfilling lives, eliminate social isolation and get practical assistance to access services and programs when required.

2.   Develop a transition plan by December 2019 covering a range of scenarios to support Council’s response to Aged Care Reform developments through to June 2022.

KEY FACTS AND / OR ISSUES

·    The Commonwealth Government is implementing major reform to Aged Care services to increase choice and efficiency.  Forthcoming announcements will affect Council’s role:

A new model for Assessment will be implemented from July 2020.

Commonwealth Home Support Program (CHSP) funding will be extended to June 2022.

·    Council subsidises delivery of CHSP.  Over the past 12 months, operational efficiencies have reduced the subsidy to an estimated $10-13 million over nine years but eliminating it would require reducing service quality or significant reductions to staff conditions and/or an increase in the Commonwealth funded unit price – none are considered realistic.

·    Legal advice confirms that Council will not be able to defend a National Competition Policy (NCP) complaint, especially for subsidy of Domestic Assistance, Personal Care and Respite. 

·      It is proposed to develop a transition plan by the end of 2019 to consider all viable options for Domestic Assistance, Personal Care and Respite Care service delivery through to June 2022.  A decision on Council’s future role is not required at this time.

Report

Background

The Commonwealth Government is part way through implementing major reform to Aged Care services to create a national, accessible, integrated and sustainable Aged Care system which achieves improved efficiencies and client choice through all phases of the Aged Care journey.

The Victorian Transition toward a national system of entry level Aged Care was different to other states, due to the unique role of local government in assessment and service delivery.  The Victorian approach to entry level Aged Care included local government provision of a major portion of services and was dependent on a substantial rate payer subsidy.  In other States, these services have been delivered without local government involvement or subsidisation.  In Victoria, the initial phase of Aged Care reform commenced in July 2016 and was scheduled to conclude in June 2019 in line with the rollout of NDIS.  The Victorian transition was extended by a year to June 2020 and more recently the national transition has been extended to June 2022.

Council delivers two elements of the Aged Care system:

·    The Commonwealth Home Support Program (CHSP) services – A suite of entry level services for clients with low support needs including: Domestic Assistance, Personal Care, Respite Care, Social Support Individual, Group Respite, Social Support Group, Delivered Meals, Property Maintenance.

·    The Regional Assessment Service (RAS) which is managed by the Victorian Government on behalf of the Commonwealth.  The City of Whittlesea currently provides this service for the Northern Region Councils on behalf of the State Government.  Council staff work alongside the staff of the other RAS providers in this region as a ‘virtual team’ to assess eligibility and make referrals to entry level services for people with low support needs.  The RAS teams wear Commonwealth name tags and all communication is on behalf of the Commonwealth.

There are other Aged Care services that are not provided by Council including services for vulnerable residents with more complex needs, who live at home or in Residential Aged Care.  These services are also being reformed.  Assessments for these services are provided by hospital based Aged Care Assessment Services (ACAS).

DISCUSSION

Current status of Council’s role

On 3 July 2018 Council was presented with information in relation to Aged Care Reform including the risks of non-compliance with NCP.  The report focused on maximising Positive Ageing outcomes, minimising impacts on clients, their carers and staff with a service model for older residents that was sustainable and consistent with Council strategy.  The Positive Ageing Strategy Desired Community Outcomes are shown at Attachment 1.

Council resolved to: realign most services to better achieve Positive Ageing outcomes, to exit Council subsidised trades and lawn mowing; to monitor the policy and funding environment of Domestic Assistance, Personal Care, Respite Care and government funded Home Maintenance and make further recommendations in mid-2019.  The full resolution is contained at Attachment 2- Council Resolution.

Lawnmowing and Trades Exit, Establishing list of Preferred Providers 

Council ceased provision of Council subsidised Trades services in December 2018 and lawnmowing in March 2019.  A list of ‘Preferred Providers’ of trades and lawnmowing services has been developed which residents can reference with confidence in receiving a reliable service from appropriate providers at a reasonable price.  Providers wishing to be placed onto the list are required to formally apply to the City of Whittlesea.  The list currently contains several providers that have been engaged by Council previously and is maintained by the Aged and Disability team and will be frequently reviewed.

Clients were advised of this change soon after the decision last year and kept updated via direct mail and community newsletters.  Clients who were likely to struggle with change were proactively contacted and spoken to about the decision and how to find a new provider. The transition out of these services has been successful, with a high level of acceptance and minimal community concern. 

Confirming CHSP Service Provision until 2022

In 2018 the Commonwealth Government announced the Victorian transition of entry level Aged Care would be extended by a further 12 months to June 2020.  Accepting the CHSP grant extension to June 2020 for all current services is consistent with Council’s 3 July 2018 resolutions.  Officers have indicated an intent to accept the funding extension and are waiting for the Commonwealth to make a formal offer.

As part of the recently announced 2019 Commonwealth Government Budget package, funding for the Commonwealth Home Support Programme (CHSP) will be extended from 1 July 2020 to 30 June 2022. The Department of Health will advise existing CHSP service providers about the process for implementing the funding extension in coming months.

Efficiencies and Continuous Improvement

As resolved in July 2018, officers have been seeking efficiencies and improvements in service to both reduce subsidy and create savings which can be reinvested in increasing Positive Ageing outcomes.  Since July 2018, a range of operational efficiencies and improvements have been identified such as changes to when and how services are delivered which do not effect service quality.

Navigation and Connection

In 2018 Council resolved to establish a Council Navigation and Connection Program to support older residents to navigate the Aged Care system and access other Positive Ageing opportunities such as joining a seniors group, joining a sporting group, attending a LEAP outing, becoming a U3A member, or becoming a volunteer.

This program will not duplicate what others are already funded to provide and a mapping process has confirmed there are many existing services funded to provide some level of navigation and connection, including My Aged Care.  There are also many settings where navigation and connection is occurring in a more organic way – including as part of other service provision, via community groups and networks and within Council’s Aged Services.

Work is currently being undertaken within A&D to strengthen existing processes and identify viable options for expanding the provision of formal navigation services, with some options including:

·    Imbedding navigation and connection into all A&D services and programs with the promotion of clear contact points.

·    The development of a Knowledge Base to support all A&D staff to provide consistent on the spot information.

·    The expansion/creation of an Access and Support program that will provide higher level support to those clients, carers and representatives who require it.  This element is likely to comprise a mix of staff and volunteer roles and will draw on the findings of Council’s recent ‘Seniors’ Link-up’ project where trained volunteers supported isolated older residents to access a range of community supports and services.

·    Making the knowledge base available for the community to access themselves.

Consultation and Education

Ongoing education and communication about Aged Care Reform has been provided to clients, staff and other affected parties with an emphasis on communicating announcements as decisions are made.  Affected parties, particularly clients and staff continue to feed back that they are frustrated by the years of uncertainty and the ongoing lack of clarity provided by the Commonwealth Government.  Uncertainty is exacerbated by the recent extension of CHSP funding to 2022.

As previously resolved, further meaningful and appropriate consultation and education with the affected parties, especially clients and their carers, will be undertaken between now and December 2019 to develop a transition plan for Council’s future role in Aged Care including consideration of a transition out of Domestic Assistance, Personal Care and Respite by June 2022 as one option.  This would enable residents to inform how Positive Ageing outcomes could be maximised and impacts of change minimised.

National Aged Care Reform

The Commonwealth Government is reforming Aged Care to achieve a national, accessible, integrated and sustainable system which responds to consumer choice and is ‘efficient’.  It has been previously noted that the Victorian entry level Aged Care system is not aligned with the national Aged Care system.

Examples of how reform has already resulted in significant change across the various tiers of Aged Care include:

·    ‘Ageing in Place’: Extra supports go to where the nursing home resident is, rather than the person moving to a different nursing home with a ‘higher needs bed’.

·    ‘Consumer Directed Care’: Where packages for higher needs and vulnerable people are allocated and ‘owned’ by the person who chooses what supports they need and who they will ‘buy’ them from, rather than the provider being ‘block funded’, and choosing the client from a national waiting list.

·    Choice of provider for entry level care: There are now multiple CHSP providers, not just Council.  Each provider is ‘block funded’ with a fixed quantity of service to deliver, resulting in a market where providers are competing for clients to meet their targets.  Notably, when Council recently had to temporarily remove some services from the My Aged Care portal to remain with budget and targets, clients assessed as being eligible for these services were accommodated by other service providers.

·    ‘Reablement’: Where entry level care is increasingly focusing on short term service.  This will result in most entry level clients, such as Council’s clients, receiving short term service, rather than an ongoing service.

It is likely that reablement will have a significant impact on Council’s role in service provision of entry level Aged Care with most clients only receiving short term care.  A thorough implementation of reablement may require the Commonwealth to redistribute resources from entry level service providers (e.g. Council) to providers of more complex care.

Assessment: In December 2018 the Commonwealth released a discussion paper on ‘Streamlined Assessment Workforce’ which proposed solutions to the complexity and inefficiencies in the current system.  A key issue is that many clients are being passed back and forth between the two existing tiers of assessment.  It is proposed to merge these into one service.

The specific details of how the new assessment model will be procured and funded have not been announced but it is evident that:

·    The Commonwealth intends to implement the streamlined assessment workforce model from July 2020.

·    The streamlined assessment workforce model will continue to require providers to maintain separation of assessment from delivery of services to clients.

·    Procurement will be via tender with a desire to have 12 to 16 providers nationally, similar to the current arrangement.

 

In Victoria, the Victorian government currently holds the contract for both complex and entry level assessments.

·    Complex assessments are delivered by Aged Care Assessment Services (ACAS) which are hosted by hospital networks.

·    Entry level assessments are sub-contracted to local outlets, usually local government as part of the Regional Assessment Services (RAS).  This required the Commonwealth to accept that Victorian local government would be able to maintain a separation of assessment from service delivery.  It also required groups of eight to ten Councils to come together in regional ‘virtual teams’.

On 8 April 2019 the Victorian Government, in its capacity as RAS provider, confirmed that, ‘the Commonwealth Government has committed to implement streamlined consumer assessments for all aged care services to be delivered by a new national assessment workforce from 2020.  Further advice will be provided by the Commonwealth on the approach to streamlined assessment in the coming months.’

Council’s future role in assessment will be determined by the outcome of the Commonwealth’s procurement of the streamlined assessment model.

CHSP funding: In 2018 the Commonwealth confirmed that the Victorian CHSP transition period would be extended for a further twelve months to June 2020 bringing Victoria in line with CHSP providers in other jurisdictions.  This opened the way for the next phase of CHSP reforms to be delivered simultaneously in all jurisdictions.

In other States, the Commonwealth Government procures most CHSP services via a competitive process resulting in a variety of providers, predominantly from the not-for-profit and private sectors.  In Victoria, most CHSP services were directly allocated to the historic Home and Community Care (HACC) providers which are dominated by local governments which typically subsidise service delivery.  Over the last three years, the Commonwealth Government has taken the opportunity to distribute increased CHSP funding for Victoria by block funding small amounts of services to a broad range of providers.  It is estimated that local government still holds the majority of funding for high volume CHSP services such as Domestic Assistance, Personal Care and Respite Care and therefore comprises a ‘significant business’.

On 3 April 2019 the Commonwealth announced that the CHSP transition would be further extended to June 2022. Details of the proposed extension are yet to be confirmed, but the following is known about this announcement.  It:

·    Is understood to include maintenance of block funding to existing providers and is consistent with the policy platform of both major parties.

·    Applies to all existing CHSP providers in all jurisdictions and will be welcomed by those who have been advocating for it.

·    Will give the Commonwealth an opportunity to consider the findings of the Royal Commission into Aged Care Quality and Safety before implementing further changes to entry level services.

·    Will be a disappointment to clients’ rights advocates seeking further increase in consumer choice.

·    Will be a disappointment to CHSP providers seeking to expand market share, especially in Victoria.

·    Increases the risk of complaints against local government to the ACCC regarding National Competition Policy compliance.

·    Does not prevent the Commonwealth from introducing additional requirements or changes in the CHSP service agreement from July 2020 that may affect Council’s role as provider.

·    Does not prevent the Commonwealth from continuing to increase choice by increasing CHSP funding to existing non- local government providers.

·    Will not delay the implementation of initiatives that are already announced such as increased emphasis on reablement and short-term service that may affect Council’s role as a provider.

·    Will prolong uncertainty for clients and staff.

 

Aged Care Royal Commission: In March 2019 the Commonwealth initiated the Royal Commission into Aged Care Quality and Safety which will deliver an interim report in October 2019 and a final report in April 2020.

The Royal Commission will investigate where the current Aged Care system has failed to deliver the quality and safety expected by the community.  It covers all aspects of the Aged Care system, including entry level services such as those provided by Council, but will have an emphasis on services for those with higher needs where the most serious failures have occurred.

The findings of the Royal Commission will influence elements of how the Commonwealth funds and procures Aged Care services, with an increased emphasis on controls and accountability.

The findings are unlikely to influence the fundamental policy objectives of Aged Care Reform, or reduce the role of the non-government and private sector in a reformed national Aged Care system.

National Competition Policy

The Commonwealth Government has created a marketised system for entry level Aged Care and as a tier of government, Council is bound by National Competition Policy which prohibits subsidisation of a service for which there is a competitive market.  This remains a key obstacle for Council.  In 2018 it was forecast that the Council subsidy for providing Domestic Assistance, Personal Care, Respite Care, government funded Home Maintenance and Council subsidised trades and lawnmowing would be $26 million over ten years.

Legal advice has confirmed that there was no overriding ‘public interest’ in Council providing a subsidised service as the services are currently provided by a number of other privately owned or not-for-profit organisations.  Therefore, Council could be in breach of National Competition Policy (NCP) and may be found non-compliant following any complaint to the ACCC and at risk of being forced into a rapid exit from service delivery.

It was identified there were some opportunities to reduce the subsidy through efficiencies which are being implemented and through the exit from Council subsidised trades and lawnmowing. To comply with NCP, the subsidy must be eliminated which cannot be achieved without some combination of increased grant, reduced service quality or reduced staff conditions:

·    Increased grant per unit of output, without a drop in funded outputs has been found unfeasible.  The Commonwealth Government has indicated that it has a fixed budget for Victorian CHSP services and any increase in unit price would be offset by a decrease in funded outputs.  The Commonwealth has also advised that it would not consider a grant increase to offset staff conditions that were higher than conditions typically paid by other CHSP providers.

·    Reduced service costs by altering service delivery arrangements to the point where reliability, client wellbeing or staff safety were compromised.  This option was assessed and found to be undesirable.

·    Significant reduction in staff conditions for all officers involved in delivering and administering the service would eliminate the subsidy but this option was found to be unachievable.

NCP requires that a level of government delivering services be ‘neutral’ when it is a ‘significant business’ in a ‘market’ unless there is a clearly demonstrated ‘public interest’ at stake.  Legal advice has repeatedly confirmed that local government is at risk of being found non-compliant:

·    Our market share, particularly of Domestic Assistance, Personal Care and Respite Care comprise a ‘significant business’.  By contrast some other services such as group programs or delivered meals do not appear to be considered ‘significant businesses’.

·    There is no policy or strategic objective that would enable local government to demonstrate that there is an overriding ‘public interest’ in providing a subsidised service.  Any effort to demonstrate a policy or strategic benefit are neutralised by the evidence that there are currently non-local government CHSP providers delivering equivalent services in Victoria without a subsidy.

This matter was explored in 2017 as part of the Northern Council’s joint Aged Care Reform project, with both general advice about NCP and a specific assessment of each individual Council’s policy and strategy objectives.  None of the participant councils, including Whittlesea were deemed able to comply as all clearly provided ‘significant businesses’ and there were no overriding policy or strategy objectives that justified a public interest in a subsidised service.

In 2018, the matter was further explored by the City of Darebin, with the conclusion that the only remaining opportunity for compliance with NCP was to seek a NCP exemption for CHSP service delivery from the Victorian Government. The City of Darebin proceeded to formally request an exemption from NCP for CHSP delivery, which has been denied.

The ACCC only tests NCP compliance and makes a ruling when they receive a complaint from a competitor.  If a provider is found in breach, they must then achieve compliance as rapidly as possible by either ceasing the subsidy or exiting the market.

Most discussion of NCP in relation to CHSP has highlighted that complaints from competitors may become an unavoidable issue for Victorian local government if the Commonwealth implements a transition to consumer directed care, as this would trigger a major opportunity for providers to enter the market or expand market share. 

However, in Victoria, the conditions for a complaint already exist.  CHSP is already marketised in Victoria with multiple block funded providers actively competing for any expansion of block funded service.  The competition for funding and market share is most aggressive in the high-volume services such as Domestic Assistance, Personal Care and Respite Care.

The extension of CHSP block funding to 2022 has significantly increased the risk of a complaint, as this prolongs the period that ‘the market’ must wait for the potential implementation of Consumer Directed Care which will give them a chance to compete directly for clients and significantly expand market share.

If any Victorian local government is found in breach of NCP following a complaint, it could create a volatile situation where all Victorian local governments will be required to demonstrate compliance with NCP and in this scenario, Council will immediately lose its ability to influence the outcome of any forced exit which will follow.

As discussed below in the Strategic Risks section, it is essential that the risk of NCP compliance be managed to minimise risk of Council being found in breach of its duty to exercise good governance, under the Local Government Act.

Council is unable to achieve compliance with NCP in relation to CHSP.  It is not feasible or achievable to eliminate the subsidy or possible to demonstrate compliance through the ‘public interest test’.  Council remains at risk of being forced by the ACCC to exit service delivery rapidly.  In a forced exit, Council would lose the opportunity to influence a good outcome for clients, staff and the community as it would lose the opportunity to manage the exit process including choice of the alternate provider.

Council’s risk of an uncontrolled forced exit will be somewhat managed if Council has a clear transition plan in place, to cover all viable options, including strategies for achieving NCP compliance through exit from Domestic Assistance, Personal Care and Respite Care by June 2022.  A transition plan cannot achieve NCP compliance, or prevent Council potentially being found in breach following a complaint, but will be some defence against an uncontrolled forced exit and increases the likelihood that Council will retain some influence over the exit outcome.

On 3 July 2018 Council resolved in part to develop;

…a transition plan to enable effective implementation of these changes which maximise the outcomes for older residents, their carers and the broader community to age well and minimises the impact upon current clients, staff, volunteers and contractors.

Given continued changes over the last 12 months it is considered timely to develop a detailed transition plan by December 2019 considering a range of scenarios to support and direct Council’s response to Aged Care Reform developments through to June 2022.

Sector Update

State Government

The State Government holds contracts with the Commonwealth to provide assessment in Victoria.  These contracts expire in June 2020 and the State will need to consider whether it will tender for the new streamlined assessment workforce model once details are announced.

Non-Government and for-profit Service Providers

Non-government and for-profit providers dominate the provision of all elements of the Aged Care system across Australia, except for assessment and CHSP provision in Victoria. 

Service providers from these sectors are actively reforming themselves to become ‘end to end’ providers of either assessment or service delivery in the reformed Aged Care and disability sectors.  Of note is the consolidation of smaller providers into large entities with the capability of delivering a comprehensive suite of services with extensive geographic reach and the capacity to expand rapidly when opportunity presents.

The recent extension of CHSP funding to 2022 has not been welcomed by many within these sectors.

Local government

Several Councils, including immediate neighbours, have resolved to exit CHSP delivery, particularly from Domestic Assistance, Personal Care and Respite Care.

Key considerations have been the consequences of being found in breach of NCP versus the opportunity to cease a service that would be delivered by others, allowing councils to make other investments.

Hobsons Bay City Council and the City of Maribyrnong have entered into a partnership for the subcontracting of services until June 2020, following which they will exit.  Current staff providing Aged Care Services will be employed by the subcontractor with their current pay and benefits in place until June 2020.

The City of Banyule has recently resolved to: ‘remain in some services with a social focus; and exit from direct care services that are not sustainable due to National Competition Policy and where there are other suitable providers, from June 2020’.

The Shire of Nillumbik and the City of Yarra each sub-contract the delivery of CHSP and it is understood they are considering an exit when their respective contracts end in June 2020.

Proposal

There have been several developments in the policy and funding environment which progress the Commonwealth’s Aged Care Reform agenda, however, many key details remain unannounced and timelines for clarity continue to extend.  The process of reform toward implementing a national, integrated Aged Care system with improved client choice is continuous and affecting Council’s role as a service provider.

The Commonwealth Government is balancing increased demand for Aged Care services from an ageing population and finite resources by altering the service mix, recalibrating minimum standards and using market driven efficiencies.

The recent announcement of CHSP funding extension to June 2022 has increased the risk of complaints to the ACCC regarding NCP breaches by Victorian local governments.

Whilst the City of Whittlesea is implementing a range of efficiencies which will reduce its subsidy of service delivery without significantly altering the quality and reliability of service,  the subsidy cannot be eliminated without either a significant increase in the unit price paid by the Commonwealth or a significant reduction in service quality or employment conditions.  As previously outlined, these options have been assessed and found unachievable or undesirable.

Council is unable to achieve compliance with National Competition Policy due to the subsidy it provides and the large number of alternative service providers, and faces increased risk of being forced into a ‘hard exit’ from service delivery, especially for Domestic Assistance, Personal Care and Respite Care services.  Such a scenario would deny Council the opportunity to maximise benefits and reduce impacts by influencing who becomes the new provider and advocate for outcomes such as: a local operating base, equitable delivery to residents across the whole municipality and favourable staff conditions.

It is proposed that by December 2019, Council minimises consequences of NCP breach and maximises opportunity for increased Positive Ageing outcomes by developing a transition plan for its future role in Aged Care. 

The transition plan will identify a range of Aged Care reform scenarios and assess where it would be viable to remain in service and where it would not.  It will then propose response options for each scenario which address risks and maximise outcomes for clients, their carers, staff and community.  The transition plan will also identify where further savings can be achieved and how they can be reinvested to increase Positive Ageing outcomes.

The transition plan, including options to exit services in scenarios where they are not viable, is not a commitment to exit these services, but will give Council the agility to respond to Aged Care Reform developments as they occur.

A decision on Council’s role in Aged Care will be required around late 2020 or early 2021 when it is clearer how the Commonwealth will operate entry level Aged Care and which options will be viable and deliver the best outcomes.

Role in government funded Home Maintenance

Commonwealth guidelines require that Home Maintenance services provided to clients must focus on repairs or maintenance of the home and garden to improve safety, accessibility and independence within the home environment for the client, by minimising environmental health and safety hazards. This can include tasks such as installation of shower rails, installing smoke detectors, repairs to locks and trimming dangerous foliage.

It is evident that government funded Home Maintenance is not a ‘significant’ business, as it operates with minimal subsidy, it delivers significant Positive Ageing outcomes and is unlikely to breach National Competition Policy. As such, it is proposed that Council continues to deliver government funded Home Maintenance.

Assessment

The Commonwealth is committed to introducing a streamlined assessment workforce from July 2020, but has not announced details of the model.

Council’s future role in assessment will be determined by the outcome of the Commonwealth’s procurement of the streamlined assessment workforce model in our Aged Care Planning region.

As previously resolved, it is proposed that Council continues to deliver Regional Assessment Services whilst funded to do so. An update will be provided when further information is available.

Consultation

Consultation will be undertaken by December 2019 to enable affected parties to inform how Positive Ageing outcomes could be maximised and impacts of change minimised.

Critical Dates

The Royal Commission into Aged Care Safety and Quality is due to deliver an interim report by 30 October 2019 and a final report by April 2020.

Assessment funding will cease in June 2020.  The Commonwealth Government has committed to introduce a streamlined assessment workforce from July 2020.

CHSP funding is in place until June 2020.  The Commonwealth Government has recently announced its intention to extend CHSP funding until June 2022.

A decision on Council’s role in delivery of Domestic Assistance, Personal Care and Respite Care will be required by early 2021.

Financial Implications

In 2018 the ten year subsidy by ratepayers required for a range of future options were calculated.  These projections were based on comprehensive analysis of grant and fee income less expenses and allowed for changes in CPI, population and wages and remain valid for projections over the remaining nine years.

As previously reported, the provision of Assessment and government funded Home Maintenance over nine years are projected to be effectively cost neutral.

Remaining in Council funded lawnmowing and trades, Domestic Assistance, Personal Care, Respite and government funded Home Maintenance and trades and lawnmowing was projected to require a subsidy of approx. $23.4 million over the coming nine years.  The exit from Council funded lawnmowing and trades has led to a reduction of this subsidy of around $7.1m over the next nine years, and officers will continue to pursue operational efficiencies and continuous improvement opportunities to further reduce this subsidy without compromising service quality.  However, it is estimated that a subsidy of between $10m - $13m across this period will still be required if Council remains in Domestic Assistance, Personal Care, and Respite Care.

Under National Competition Policy, Council is required to eliminate the subsidy. It cannot be eliminated without a significant increase in grant and or significant reductions in service quality and or significant reduction in staff conditions.  These options have all be investigated and found unachievable and so Council is unable to achieve NCP compliance.

Savings from the exit from lawnmowing and trades have been allocated toward the increased budget for new works and will contribute to critical infrastructure for the community including buildings, roads, paths and parks to support our ageing and growing community. Projects funded under the new works program are approved by Councillors as part of the annual budget process.

As resolved on 3 July 2018, any savings from efficiencies and continuous improvements in service delivery will be reinvested in increasing Positive Ageing outcomes including a Navigation and Connection Program, supporting transition and increasing the opportunities for older residents to remain connected and active participants in our community.

Policy strategy and legislation

National Aged Care Reform Implementation is being driven by the Commonwealth in line with the policy settings of ‘Living Longer, Living Better’ (2012) and the ‘Aged Care (Living Longer Living Better) Act 2013’ and related acts.

Reform of Victorian entry level services including the Assessment and CHSP services delivered by Council is also being implemented in line with the Commonwealth’s tri-partite agreement with the Victorian Government and the MAV.

Victorian local government is also bound by the National Competition Policy adopted by the Victorian government, which is aligned with the Commonwealth’s National Competition Policy.  These policies are enforced by the Australian Consumer Competition Commission.  Council remains exposed to being found in breach of National Competition Policy and potentially being forced to exit from Domestic Assistance, Personal Care and Respite Care.  A forced exit would prevent Council from influencing exit outcomes to maximise benefits for clients and their carers, staff and the community.

Council’s responses to externally driven Aged Care Reform are being made in line with Council’s resolution of 3 July 2018 and are being implemented in line with established Council policy and strategy including Whittlesea 2040 and the Positive Ageing Strategy.  These strategies both place a high priority on achieving social cohesion through ensuring residents have access to the services they need plus meaningful social connection and participation in community life.

Council has committed to realign its Aged Care services to maximise Positive Ageing outcomes for older residents.  However, there remains a disconnect between delivering highly subsidised services for the Commonwealth which could be delivered by others and:

·    The requirement to comply with National Competition Policy and the consequences of being found in breach and forced into exit.

·    The opportunity to make a planned transition out of subsidised services that could be delivered by others and reinvest these resources in Whittlesea 2040 and Positive Ageing outcomes.

link to strategic risks

Strategic Risk Financial Sustainability - Inability to meet current and future expenditure

Council has resolved to realign services to increase opportunities for older residents to age well. The City of Whittlesea strategic resource plan identifies many demands on resources and limited opportunities to increase revenue. Choosing to subsidise the delivery of Commonwealth services that could be delivered by others diverts resources from other opportunities to increase Positive Ageing outcomes or achieve Whittlesea 2040 objectives. A transition plan to guide Council’s response to Aged Care reform will support the management of financial risks.

Strategic Risk Service Delivery - Inability to plan for and provide critical community services and infrastructure impacting on community wellbeing

Whilst the overall objectives of Aged Care reform are clear, many significant details affecting Council’s future role are yet to be announced and the timelines for clarity continue to extend. A transition plan will guide Council’s response to Aged Care reform and support the management of service delivery risks.

Strategic Risk Governance - Councillors - Ineffective Council governance resulting in legislative non-compliance; breaches of duties of a Council; breaches of duties of a Councillor

Council is at risk of being found in breach of its duty to exercise good governance, under the Local Government Act if it does not develop a strategy to achieve National Competition Policy compliance. A transition plan, including options to achieve National Competition Policy compliance will support Council’s response to Aged Care reform and reduce this risk.

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

 

Council’s implementation of its Aged Care Reform resolutions 3 July 2018 are delivering improved Positive Ageing outcomes for the community which will contribute to achieving a number of Whittlesea 2040 outcomes but Council remains at risk of being forced to exit following an NCP complaint.

A transition plan covering a range of Aged Care reform scenarios will support Council to respond to Aged Care reform developments and risks.

Declarations of Conflicts of Interest

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

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

Conclusion

Council’s response to Aged Care Reform is being implemented in line with Council’s resolution of 3 July 2018.

The Commonwealth Government is driving national Aged Care Reform.  This is a bi-partisan process and the outcomes of the 2019 Federal election and the Royal Commission into Aged Care Safety and Quality will not materially alter the reform process or eliminate existing risks.

There have been some additional announcements regarding Aged Care policy and funding but many details remain unclear.  A recently announced extension of funding for entry level services increases risks for Council under National Competition Policy and prolongs uncertainty for clients, their carers, staff and the community.

There is an established market for the delivery of entry level Aged Care services in Victoria, especially Domestic Assistance, Personal Care and Respite Care. Council subsidises the provision of these entry level Aged Care services for the Commonwealth Government and cannot demonstrate an overriding ‘public interest’ and therefore does not comply with National Competition Policy.

Since July 2018, Council’s subsidy of these services has been significantly reduced but cannot be eliminated. Entry level Aged Care services could be delivered by others and Council remains at risk of being found non-compliant with NCP and being forced to exit. A forced exit would prevent Council from influencing the outcome of the exit process including choice of provider, service quality for residents and employment conditions for staff.

To minimise risks of a forced exit and maximise benefits and certainty for clients, their carers, staff and the community it is proposed that by December 2019 a transition plan will be developed covering a range of scenarios, including exit from Domestic Assistance, Personal Care and Respite Care service delivery by June 2022.

The transition plan will identify a range of Aged Care reform scenarios and assess where it would be viable to remain in service and where it would not.  It will then propose response options for each scenario which address risks and maximise outcomes for clients, their carers, staff and community.  The Transition plan will also identify where further savings can be achieved and how they can be reinvested to increase Positive Ageing outcomes.

 

RECOMMENDATION

THAT Council resolve to develop a transition plan by December 2019 covering a range of scenarios to support Council’s response to Aged Care Reform developments through to June 2022.

 

MOtion

Moved:                       Cr Lalios

Seconded:               Cr Desiato

 

THAT Council resolve to:

1. Immediately reinstate all home and community care services that were stripped from offer to aged residents such as lawn mowing, home maintenance and trade services;

2. Note that the Federal Government has extended Commonwealth Home Supported Packages until 2022 and accordingly Council does not need to make an immediate decision to withdraw these services; and

3. Immediately reinstate the provision of sandwiches for Meals on Wheels clients.

Extension of speaking time

Moved:                       Cr Kelly

Seconded:               Cr Sterjova

 

That Council resolve to extend the speaking time of Cr Lalios for a further two minutes.

CARRIED

EXtension of speaking time

Moved:                       Cr Sterjova

Seconded:               Cr Monteleone

 

That Council resolve to extend the speaking time of Cr Alessi for a further two minutes.

CARRIED

Extension of speaking time

Moved:                       Cr Lalios

Seconded:               Cr Kelly

 

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

LOST

EXTENsion OF SPEAKING TIME

Moved:                       Cr Lalios

Seconded:               Cr Alessi

 

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

CARRIED

MOtion

Moved:                       Cr Lalios

Seconded:               Cr Desiato

 

THAT Council resolve to:

1. Immediately reinstate all home and community care services that were stripped from offer to aged residents such as lawn mowing, home maintenance and trade services;

2. Note that the Federal Government has extended Commonwealth Home Supported Packages until 2022 and accordingly Council does not need to make an immediate decision to withdraw these services; and

3. Immediately reinstate the provision of sandwiches for Meals on Wheels clients.

LOST

 

Division

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

 

For

Cr Kelly

Cr Lalios

Cr Monteleone

Cr Desiato

Against

Cr Pavlidis

Cr Kozmevski

Cr Alessi

Cr Cox

Cr Sterjova

Cr Joseph

Abstained

Nil

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

lost

MOtion

Moved:                       Cr Alessi

Seconded:               Cr Pavlidis

 

THAT Council resolve to develop a transition plan including advocacy by December 2019 covering a range of scenarios to support Council’s response to Aged Care Reform developments through to June 2022.

EXTENSion OF SPEAKING TIME

Moved:                       Cr Kelly

Seconded:               Cr Desiato

 

That Council resolve to extend the speaking time of Cr Lalios for a further two minutes.  

CARRIED

Extension of speaking time

Moved:                       Cr Lalios

Seconded:               Cr Desiato

 

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

CARRIED

EXtension of speaking time

Moved:                       Cr Sterjova

Seconded:               Cr Alessi

 

That Council resolve to extend the speaking time of Cr Pavlidis for a further two minutes.

CARRIED

Council resolution

Moved:                       Cr Alessi

Seconded:               Cr Pavlidis

 

THAT Council resolve to develop a transition plan including advocacy by December 2019 covering a range of scenarios to support Council’s response to Aged Care Reform developments through to June 2022.

CARRIED

 

Division

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

 

For

Cr Pavlidis

Cr Kozmevski

Cr Alessi

Cr Cox

Cr Sterjova

Cr Joseph

Against

Cr Kelly

Cr Lalios

Cr Monteleone

Cr Desiato

Abstained

Nil

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

 

carried

ADJOURNMENt

 

The Mayor adjourned the meeting at 8.13PM.

 

Resumption

 

The meeting resumed at 8.18PM.

 

 

 

 

 

 

\

 


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

PDF Creator


 

PDF Creator


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

PDF Creator


 

PDF Creator

 


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

6.2.2      Equal and Safe Strategy: Improving Gender Equality and Preventing Violence Against Women

Attachments:                        1        Equal and Safe Strategy   

Responsible Officer:           Director Community Services

Author:                                  Community Safety Planner   

 

RECOMMENDATION SUMMARY

THAT Council resolve to endorse the Equal and Safe Strategy for improving gender equality and preventing violence against women.

KEY FACTS AND / OR ISSUES

·    The City of Whittlesea experiences a high rate of family violence.

·    There are concerns across a number of gender equity indicators locally for example, access to employment, pay equity, participation in sport, caring responsibilities, leadership, and community attitudes.

·    Gender inequality has been identified in national and international research as the primary cause of violence against women.

·    Local government, by nature of its functions, intersects with many settings where people live, work, learn, socialise and play across the lifespan. Council has a role to play in improving gender equality and preventing violence against women through each of these settings.

·    This Strategy will shape Council’s priorities and efforts in the coming years.

 

Report

Background

Evidence from international and national research demonstrates that gender inequality is the primary driver of violence against women and family violence. Gender inequality is a social condition characterised by unequal value afforded to women and men and an unequal distribution of power, resources and opportunity between them.  Individuals (women and men) who do not believe women and men are equal, and/or see them as having specific roles or characteristics, are more likely to condone, tolerate or excuse violence against women.  Gender inequality also contributes to other forms of systemic social, political and economic disadvantage and discrimination. The following chart shows a correlation between performance against a key Victorian gender equality measure and the prevalence of family violence.  The blue line represents the Vic Health Gender Equality score; the score indicates the percentage of surveyed residents who have low support for gender equality (39% for City of Whittlesea).

Gender inequality, violence against women and family violence are significant community safety and health issues in the City of Whittlesea.  Council has a long-standing commitment to addressing these issues through the previous separate Gender Equity and Family Violence strategies.  The Equal and Safe Strategy (refer Attachment 1) combines these interconnected issues into one strategic document.  This will see efficiencies in monitoring, reporting and evaluation and will support greater collaboration across and within departments working on these issues.

There is a strong evidence base for local government’s role in advancing gender equality and preventing and responding to violence against women and family violence.  The Victorian Government requires councils to respond to gender inequities and disclosures of violence through its services, facilities, programs and workplaces and to “report on the measures they propose to take to reduce family violence and respond to the needs of victims” in preparing their Municipal Public Health and Wellbeing Plans.  Local government is also identified in the findings of the Royal Commission into Family Violence as a key partner for gender equity improvements, preventing, intervening and responding to violence against women and family violence in local communities and as a workplace.

The Equal and Safe Strategy (the Strategy) is informed by a breadth of evidence including local consultations with frontline family violence services, mainstream community services, specialist services working with priority community groups and Victoria Police.  Community engagement was undertaken through a short survey to further inform the priorities.  The Priority Actions have been shaped to reflect the Essential Actions to address the gendered drivers of violence against women as recommended in Change the Story – the National framework for the primary prevention of violence against women and their children in Australia. The Objectives have also been shaped to align with Council’s commitment to the regional preventing violence against women strategy, Building a Respectful Community, led by Women’s Health In the North.

Proposal

The Strategy has been prepared following stakeholder consultation and community engagement.  The objectives and priority actions identified in the Strategy build upon the strong foundation of current work and seek to further extend Council’s commitment to improving gender equality and preventing violence against women.  They include Council’s response to the Royal Commission into Family Violence recommendations and are guided by key State and Federal Government policy and frameworks describing local government’s responsibilities. 

Council’s response through each objective, priority action and the Action Plan (to be developed) is informed by an understanding that other aspects of a person’s life or identity – for example their race, age, ability, migration status, sexuality, level of education or wealth, cultural or religious background, location – intersect with gender and affect their experiences. Council needs to consider these intersecting concerns in developing appropriate responses and priorities.

The Strategy sets out the following goal and objectives:

Goal: The City of Whittlesea is a gender equitable, safe and respectful community

Objective 1

Build a safe and respectful workplace where gender inequality is understood and actively challenged

Objective 2

Provide services and programs that normalise gender equality and are responsive to the needs of community experiencing family violence

Objective 3

Ensure that community facilities and public spaces enable safe and gender equitable access and an active community life for all

Objective 4

Build a well-informed, connected community who understand and embrace gender equality and are empowered to prevent violence against women

 

 

Consultation

A review of the evidence base and local data and indicators was conducted.  The Strategy was developed with input from key local service agencies and through a community survey.

Consultations were held during 2018 with frontline family violence services, Victoria Police, local prevention programs and services working with priority community groups such as CALD communities.  Information was sought on their experiences ‘on the ground’ – emerging issues and challenges – to shape the priorities.  Engagement will continue through the implementation of the Strategy.  Clear themes and priorities emerged:

·    Social isolation

·    Culturally diverse communities – migration status and racism

·    Financial abuse and hardship

·    ‘Back to basics’ – education and information provision

·    Universal services as access points

A community survey was promoted through Council’s website, social media platforms and in hard copy form through our facilities and services, for example, Maternal and Child Health and immunisation sessions. To maximise participation, the survey was also distributed through staff connected with key community cohorts and networks, for example youth, multi-cultural, aged, Aboriginal, parents and local business women. Local services with community facing roles, such as Whittlesea Community Connections and Dianella Plenty Valley Health, were also asked to aid in the survey’s promotion to community.

The survey asked two questions:

·    Thinking about yourself and others in your life, describe what an equal, safe and respectful community would look like locally;

·    What changes would you like to see locally in order to achieve an equal, safe and respectful community?

The survey received 50 responses in total (95 per cent female).  The responses reinforced the above priorities for Council’s focus, however the community identified additional priorities:

·    Women’s safety in the public realm

·    Equal access to recreation and sport

·    Equal rights and respect

Respondents identified a vision for an equal, safe and respectful community being one where women could “go for a walk at night without the fear of being hurt”, with “more female friendly clubs” and “equity of access to facilities” and; where “women can find relevant and fulfilling employment”.

Financial Implications

An action plan detailing resources required will be developed, in consultation with responsible departments, for 2019/20.  While investment will be required for some actions, for example training for staff, it is expected that a redirection of existing resources will need to occur to fully implement this Strategy, rather than additional funding.  Achieving that will require leadership commitment to the objectives and priority actions outlined in this Strategy, and support for this work to occur. 

Policy strategy and legislation

The Equal and Safe Strategy provides a strong line of sight to gender equality and prevention of violence against women work happening at the regional, state and national level. It draws on the National framework for the prevention of violence against women and their children, Change the Story, and is aligned to the Victorian Government’s gender equality and prevention of family violence strategies Safe and Strong and Free From Violence. It’s objectives are closely aligned to the regional strategy for the prevention of violence against women, Building Respectful Communities, to which the City of Whittlesea is committed.  

Internally, Equal and Safe will complement and intersect with other Council strategies including:

·    Health and Wellbeing Partnership Plan

·    Community Building Strategy

·    Active Whittlesea Strategy

·    Connect Plan

·    Economic Development Strategy

·    Community Safety and Crime Prevention Strategy

link to strategic risks

Strategic Risk Service Delivery - Inability to plan for and provide critical community services and infrastructure impacting on community wellbeing

Preventing violence against women and family violence and responding to the needs of victims is a key requirement of Council through the Public Health and Wellbeing Act.  This Strategy will shape Council’s priorities and efforts in the coming years.

 

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 access to family violence prevention programs

Council Priority                             Community Safety

 

Declarations of Conflicts of Interest

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

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

Conclusion

This Strategy provides Council with a robust framework to drive action to improve gender equality and prevent violence against women. It sets out Council’s role, objectives and priorities to contribute to a healthy and safe community. 

This is long-term work.  Social and structural changes are required at a local level to move toward gender equality and ending violence against women and family violence – such change requires persistence, the celebration of successes big and small, and leadership support for change.

 

RECOMMENDATION

THAT Council resolve to endorse the Equal and Safe Strategy for improving gender equality and preventing violence against women.

Chief Executive Officer Explanatory Note
With the consent of the Meeting, the mover and seconder withdrew the motion moved at the Ordinary Council Meeting held on 7 May 2019. Debate on this item resumed on the new motion below.


Cr Lalios left the Council Chamber at 8.13PM prior to the vote on this item.


COUNCIL RESOLUtion

Moved:                       Cr Pavlidis

Seconded:               Cr Sterjova

 

THAT Council resolve to:

 

1)    endorse the Equal and Safe Strategy for improving gender equality and preventing violence against women

 

2)    promote the Strategy amongst and work with key community cohorts and networks including people with disability, young people, multi-cultural, aged and Aboriginal groups and individuals

 

3)    amend the following wording in the report:

 

(a)          on page 4 of the Strategy include the word “culture” to the second paragraph, in the last line before the word “race”.

 

(b)          on page 8 of the Strategy, add “Executive Leadership Team” to the second last dot point.

 

(c)          in Action 1 d), revise the wording as follows; Build the knowledge, skills and capacity of staff to apply a gender lens to their area of work, including considering the impact that culture, race, ability, age, and sexuality can have on experiences of gender inequality.

 

(d)          in Objective 2, include the words “our diverse” before the word “community”.

 

(e)          in Action 2b), revise the wording as follows; Increase the number of local services and programs that promote gender equality and challenge gender stereotypes within our diverse community.

 

(f)           in Action 2e), revise the wording as follows; Advocate for increased access to specialist family violence services in the municipality that can respond to the impact that culture, race, ability, age, and sexuality can have on experiences of gender inequality.

 

(g)          include an action as part 2g) which addresses the specific issues related to women from  new and established multicultural communities.

CARRIED

 


Ordinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Tuesday 4 June 2019

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

6.2.3      Redevelopment of McLeans Road Kindergarten - Response to Petition   

Responsible Officer:           Director Community Services

Author:                                  Manager Family, Children & Young People   

 

RECOMMENDATION SUMMARY

That Council resolve to:

1.      Continue with the planned timelines for the redevelopment of McLeans Road Kindergarten which will require the centre to close during the 2020 and 2021 calendar years and reopen in January 2022.

2.      Provide the McLeans Road Kindergarten Inc. Committee of Management the opportunity to deliver the kindergarten service at the new centre (in 2022), subject to meeting Department of Education and Training (DET) regulatory requirements and Council’s Lease and Service Agreement terms.

3.      Continue to engage and work with the Committee of Management to explore options to enable a shared premises arrangement at an alternative location, during the redevelopment process, in line with DET guidelines and regulations.

4.      Write to petitioners to inform them of Council’s decision.

KEY FACTS AND / OR ISSUES

·    This report has been prepared in response to a petition tabled at the Council Meeting of
2 April 2019.

·    McLeans Road Kindergarten is proposed to be redeveloped to enable operations by January 2022. This timeline ensures the facility is delivered ahead of population peak and in preparation for the introduction of funded three-year-old kindergarten.

·    Officers are working closely with the Committee of Management, DET, the Early Learning Association Australia and other kindergarten services in proximity to McLeans Road to investigate a range of options to provide four-year-old kindergarten in 2020 for those families who have listed McLeans Road as their preferred choice.

 

 

Report

Background

This report has been prepared in response to a petition prepared by residents and tabled at the Council Meeting on 2 April 2019.  The petition, addressed to the Mayor and Councillors of the Whittlesea City Council, was signed by 138 residents and 70 non-residents. 

The petition stated:

          We, the undersigned, residents and ratepayers of Whittlesea City Council, request the Council to:

          Regarding Whittlesea Council’s decision to demolish McLeans Rd Kinder in 2020, rebuild and then reopen in 2022 … we as the committee, parents, grandparents, families and local public hereby ‘REQUEST FROM THE COUNCIL’:

1.    A ONE YEAR EXTENSION to demolish McLean’s Rd Kinder in 2021 rather than 2020 to allow for the current 3-year-old group to complete their preschool 4-year-old year at the same centre.

2.    THE GUARANTEE (in writing) that McLean’s Road Kinder will be able to go back into that location in 2022 after having been there for a reputable 43 years.

3.    THAT THE COUNCIL COULD STILL FIND A TEMPORARY PLACE FOR McLean’s Road Kinder TO CONTINUE BUSINESS avoiding having to be shut down for two years and losing many children and families plus losing their wonderful entity.

Council resolved to receive the petition and prepare a report for Council’s consideration.

DISCUSSION

Planning for Kindergarten Facilities

The Established Areas Infrastructure Plan for Families, Children and Young People (EAIP) identifies proposed capital works for kindergartens including the need for an additional kindergarten room to be delivered at McLeans Road Kindergarten.

In developing this capital works program, consideration was given to:

·    Meeting demand for kindergarten in line with population growth and identified need in each precinct in the established areas of the municipality, ahead of peak requirements.

·    Planning for four-year-old enrolments to be redirected to neighbouring centres within existing service capacity, to ensure all children have access to a local kindergarten program during planned upgrades.

·    Staged program of capital works, aligned to the New Works Program to ensure management and delivery within existing resources, financial capacity and the opportunity to benefit from capital grant funding rounds.

·    Equitable distribution of upgraded kindergarten facilities across the established area districts.

·    Financial viability of kindergartens and regulatory compliance.

Subsequent to the EAIP report, the State Government announced that it will fund up to 15 hours of kindergarten for three-year-old children from 2020.  The implications of this policy direction reinforce the importance of the delivery of the proposed two room facility at McLeans Road within the recommended timeline.

 

Kindergarten Program Delivery

Council builds, owns and maintains kindergarten infrastructure and manages the central enrolment scheme for four-year-old kindergarten programs across the municipality. Not-for-profit organisations, schools and/or committees of management enter into Leases and Service Agreements to deliver kindergarten programs on Council’s behalf.

McLeans Road Kindergarten is managed by a Committee of Management (CoM), responsible for all aspects of operating the Incorporated Association, including compliance with DET per capita funding and Service Approval (SA). The key industry body established to support and advise all CoMs is Early Learning Association Australia (ELAA).

Redevelopment Dates

Council’s EAIP identified the McLeans Road Kindergarten upgrade to be undertaken in 2020-2021 to ensure the kindergarten is operational by January 2022. This timeline will ensure the facility is delivered ahead of population peak and in preparation for the planned roll out of funded three-year-old kindergarten.

The kindergarten will be required to close over two calendar years due to the following drivers:

·    Construction of highly regulated early years facilities requires a period of approximately 16 months to redevelop and meet DET SA requirements in a new facility.

·    DET per capita kindergarten funding criteria typically requires that service is provided for a minimum of 600 hours over 40 weeks per calendar year, requiring the program to typically begin in February of each year.

While extending the timelines for the redevelopment of the facility would enable the current group of three-year-old children to complete four-year old kindergarten at the same centre (17 families have currently listed McLeans Road Kindergarten as their first preference for 2020), the expanded kindergarten will cater for 66 children.  Extending the timeline will impact on the ability to accommodate these additional numbers in 2022, particularly with the introduction of three-year-old kindergarten by the State Government at that time.

Impact on Kindergarten Enrolments

During the redevelopment of the facility, all four-year-old enrolments will be able to be redirected to neighbouring centres within existing service capacity or accommodated in an alternative service model offered by Mc Leans Road Kindergarten Incorporated (if approved by DET).  Discussions are occurring with surrounding kindergarten services to look at options to accommodate those children who have currently listed McLeans Road as their preference for four-year-old kindergarten in 2020.

Impact on Committee of Management (CoM)

The redevelopment of the kindergarten facility will require Council’s Lease to cease and the DET SA to be terminated. The decision for the McLeans Road Kindergarten Incorporation to continue, is a decision for the current CoM.

Council Officers will continue working with the CoM to explore options to enter into a DET approved and financially viable, Shared Premises Arrangement in collaboration with another Kindergarten Management body. This arrangement allows two management bodies to share one facility to deliver a DET approved service.  While unusual, such Agreements can occur with the agreement of all parties.

Re-establishment of the Kindergarten Program

Typically, the City of Whittlesea undertakes an Expression of Interest process to appoint a management body to operate Council’s kindergarten facilities.  Upon completion of the new facility, the incoming management body will be required to make application to manage the new kindergarten service.

The McLeans Road Kindergarten CoM will be will be offered the opportunity to deliver the new service subject to:

·    Gaining DET Service Approval to deliver three and four-year-old kindergarten.

·    Meeting compliance with DET per capita funding Service Agreement conditions.

·    Signing off on the terms of Council’s Lease and Service Agreement.

Temporary Relocation

Meetings are being coordinated with DET, ELAA, the CoM and TRY Australia (on behalf of Roycroft Kindergarten) to explore the Shared Premises Arrangement option for service continuity of McLeans Road Kindergarten Inc. Edward Street Preschool CoM has indicated in preliminary conversations that it does not wish to enter a Shared Premises Arrangement.

The Principal of Norris Bank Primary School was engaged, to explore partnership opportunities including assessing the suitability of existing buildings to convert into a temporary kindergarten facility. No funding was available to progress this option.

Neighbouring kindergartens in Bundoora, Mill Park, Thomastown and Lalor were engaged and consulted on their capacity to accommodate additional enrolments. All agreed to support the redevelopment and accommodate all enrolments as required.

City of Darebin Officers were engaged to explore possible temporary relocation options. Darebin officers do not believe that this alternative option would meet the needs of families.

Consultation

Council’s Early Years team has met with members of the 2018 and 2019 McLeans Road Kindergarten Committees of Management and staff regularly since February 2018. The meetings and other exchanges of information (telephone calls and emails) focused on:

·    Updates on the redevelopment

·    Enrolment impacts and options

·    Incorporated Association impacts and options including the process for reinstating a management body

·    Coordinating parent information sessions, correspondence and FAQ’s

·    Temporary facility options and Shared Premises Arrangements.

DET and ELAA representatives were engaged, to provide the CoM with professional guidance and support regarding regulatory responsibilities, DET funding and service approval obligations, financial viability considerations, staffing implications, etc.

A parent information session was held at the McLeans Road Kindergarten on Tuesday 5 March 2019 for families enrolled in 2019 and 2020. Several Council officers and a CoM member attended the session. Subsequent meetings have also occurred with the CoM to investigate options for 2020.

Financial Implications

Outside a Shared Premises Arrangement any short-term accommodation or temporary building will have a significant cost impact.  No budget allocation has been made for this purpose.

The redevelopment project has been estimated to cost approximately $5,250,000.  The cost estimate has been informed by similar projects; however, detailed options analysis and engineering assessment are required to confirm this.

Council officers will seek external grant funding through a DET funding round to support the redevelopment.

Policy strategy and legislation

·    Education and Care Services National Law Act 2010

·    Education and Care Services National Regulations 2011

·    Victorian Government Early Years Compact

·    Victorian Department of Education and Training per capita grant funding

·    Belonging, Being, and Becoming – The Early Years Learning Framework for Australia 2009

·    Victorian Early Learning and Development Framework 2016

·    Incorporated Associations Act

·    Whittlesea 2040: A place for All

·    Connect: A municipal plan for children, young people and their families in the City of Whittlesea

·    City of Whittlesea Early Years Policy

·    Property Leasing Policy

 

link to strategic risks

Strategic Risk Service Delivery - Inability to plan for and provide critical community services and infrastructure impacting on community wellbeing

The provision of, and access to quality services and programs is fundamental to community health and wellbeing.  The redevelopment of McLeans Road Kindergarten will deliver on meeting the growing demand for 3 and 4 year old programs as identified in the EAIP.

 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Connected community

Whittlesea 2040 Key Direction     A socially cohesive community

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

Council Priority                             Health and Wellbeing

Declarations of Conflicts of Interest

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

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

Conclusion

Delivery of the McLeans Road Kindergarten upgrade in 2020-2021, with the service recommencing operations in January 2022, will ensure the facility is delivered ahead of population peak and in readiness for the introduction of funded three-year-old kindergarten.

Any delay in the redevelopment of the facility will place pressure on surrounding services and potentially impact on the ability of children and their families to access their local kindergarten.

A range of options are being investigated in conjunction with the CoM to ensure that any four-year-old enrolments are able to be accommodated in 2020.

The McLeans Road Kindergarten CoM will be offered the opportunity to deliver the new service subject to meeting DET Service Approval and per capita funding conditions and Council’s Lease and Service Agreement terms.

RECOMMENDATION

THAT Council resolve to:

1.      Continue with the planned timelines for the redevelopment of McLeans Road Kindergarten which will require the centre to close during the 2020 and 2021 calendar years and reopen in January 2022.

2.      Provide a written undertaking to McLeans Road Kindergarten Inc. Committee of Management to offer the incorporation the opportunity to deliver the kindergarten service at the new centre (in 2022), subject to meeting Department of Education and Training (DET) regulatory requirements and Council’s Lease and Service Agreement terms.

3.      Continue to engage and work with the Committee of Management to explore options to provide four-year-old kindergarten in 2020 for those children and families who have listed McLeans Road as their preferred choice.

4.      Write to petitioners to inform them of Council’s decision.


Cr Lalios left the Council Chamber at 8.13PM prior to the vote on this item and the division.


COuncil resolution

Moved:                       Cr Alessi

Seconded:               Cr Pavlidis

 

THAT Council resolve to:

  1. Continue with the planned timelines for the redevelopment of McLeans Road Kindergarten which will require the centre to close during the 2020 and 2021 calendar years and reopen in January 2022.
  2. Support the use of the kindergarten for the delivery of programs from Terms 1 – 3 inclusive in 2020, conditional upon approval from the Department of Education and Training.
  3. Provide a written undertaking to McLeans Road Kindergarten Inc. Committee of Management to offer the incorporation the opportunity to deliver the kindergarten service at the new centre (in 2022), subject to meeting Department of Education and Training (DET) regulatory requirements and Council’s Lease and Service Agreement terms.
  4. Continue to engage and work with the Committee of Management to explore options to provide four-year-old kindergarten in 2020 for those children and families who have listed McLeans Road as their preferred choice.
  5. Write to petitioners to inform them of Council’s decision.

 

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 Kozmevski

Cr Alessi

Cr Cox

Cr Monteleone

Cr Desiato

Cr Sterjova

Cr Joseph

Cr Kelly

Against

Nil

Abstained

Nil

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

carried

 

 

 


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

6.3       City Transport and Presentation

6.3.1      2018-23 Provision of Pre-Booked Kerbside Green Waste Collection Tender Evaluation

Attachments:                        1        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:                                  Environmental Engineer   

 

RECOMMENDATION SUMMARY

It is recommended that contract number 2018-23 for Provision of Pre-booked Kerbside Green Waste Collection:

·    is awarded to Contract Tree Services Pty Ltd

·    for the lump sum price of $400,950 (excl. GST)

·    for a term from 1 July 2019 to 30 June 2021 with extension options to 30 June 2024

KEY FACTS AND / OR ISSUES

This contract enables Council to collect bundled green waste from households throughout the municipality, to assist residents managing their garden waste.  This is an additional service to the opt in kerbside green waste bin that is available.

The tender evaluation panel advises that:

·    six tenders were received;

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

-     price was the lowest of all tenders;

-     has over 20 years’ experience with bundled branch service in Whittlesea;

-     has an ability to provide mulch to local schools;

-     they have a maintenance Depot within the City of Whittlesea (Epping); and

-     they utilise Euro 5 trucks within their fleet to improve environmental performance.

 

Report

Background

The purpose of this contract is to provide kerbside pre-booked bundled branch collections for City of Whittlesea residents.

Currently these services are delivered by Contract Tree Services under Contract 2014-19. They are being tendered because the contract period will expire on 30 June 2019.

Tenders for the contract closed on Wednesday 10th April 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

65%

Capability

20%

Capacity

10%

Impact

5%

The weightings reflect the relative importance of each element to this particular contract.  They were determined as being most appropriate after considering 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
Contract Tree Services Pty Ltd

Yes

Yes

101.5

1

Tenderer B

Yes

Yes

95.8

2

Tenderer C

Yes

Yes

77.5

3

Tenderer D

Yes

Yes

58.7

4

Tenderer E

Yes

No

N/A

N/A

Tenderer F

Yes

No

N/A

N/A

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

link to strategic risks

Strategic Risk Climate Change - Failure to mitigate or adapt to the risks of climate changes

Landfills pose a risk of increased greenhouse gas emissions via the build-up of methane during the waste decomposition phase.  Organic material such as tree branches contributes to the generation of methane gas within a landfill.  Removal of tree branches from inclusion in landfills therefore reduces the risk of methane gas generation within landfill.  Furthermore, providing an alternative use of the tree branches via composting into a soil product also contributes to reducing greenhouse gas emissions. 

Financial Implications

Sufficient funding for this contract is available in the budget for Kerbside Collection Green Waste account.

Links to WHITTLESEA 2040 AND the CoUNCIL Plan

Whittlesea 2040 Goal                    Sustainable environment

Whittlesea 2040 Key Direction     Leaders in clean, sustainable living

Strategic Objective                        We reduce waste to landfill and take action to stop illegal dumping

Council Priority                             Environmental Sustainability

 

It is envisaged that this service will reduce the risk of illegal dumping of garden waste as it provides a kerbside service whereby residents have the ability to place bundled branches outside their property for collection.

This service also reduces waste to landfill by providing an alternative to residents who may not have opted for the optional garden waste bin and who may have used the general waste bin to dispose of branches instead.

Finally, the mulched bundled branches are either sent to the local green waste facility where they are composted and turned into a saleable garden soil product, or alternatively mulch is donated to local schools to utilise on garden beds.

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 Contract Tree Services 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 Contract Tree Services for the sum of $400,950 (excluding GST) for the following contract:

Number:    2018-23

Title:          Pre-Booked Kerbside Green Waste Collection Service (Bundled Branches)

Term:         1 July 2019 to 30 June 2021

Options:    Term extensions up to 30 June 2024 (only to be exercised if separately approved by Council)

Value:        Total expenditure is limited to a maximum of $400,950 (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 Sterjova

Seconded:               Cr Kozmevski

 

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

Carried

 


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

6.3.2      City of Whittlesea Biodiversity Strategy and Action Plan

Attachments:                        1        Biodiversity Strategy

2        Biodiversity Action Plan

3        Biodiversity Strategy Consultation Report

4        Changes to strategy May 2019   

Responsible Officer:           Director City Transport & Presentation

Author:                                  Team Leader Land Management Biodiversity   

 

RECOMMENDATION SUMMARY

That Council endorse the Biodiversity Strategy and Action Plan.

KEY FACTS AND / OR ISSUES

·        The City of Whittlesea has a unique biodiversity with nationally significant ecological communities such as the Red Gum Grassy Woodlands, and a number of threatened and critically endangered species such as the Golden Sun Moth. This biodiversity is under threat from a wide range of human influences.

·        Development of a Biodiversity Strategy and Action Plan is a Major Initiative in the Council Action Plan 2017/2018 and 2018/2019, and the Environmental Sustainability Strategy 2012-2022 (ESS).

·        Stakeholder consultation to inform the development of the draft Strategy occurred in October to November 2018 and included community and agency consultation.

·        The draft Strategy was discussed at the Councillor Briefing 9 April 2019, and following this, targeted consultation was undertaken. The draft Strategy was made available online and feedback was sought from stakeholders engaged in its development. Minor changes were made to the draft based on the feedback received.

·        The strategy’s goal is ‘to protect and improve local biodiversity’ and includes six objectives’.

 

Report

Background

Development of a Biodiversity Strategy and Action Plan is an action in the 2018/2019 Council Action Plan and the City’s Environmental Sustainability Strategy 2012-22. A draft Biodiversity Strategy and Action Plan has been developed (refer to Attachments 1 and 2). The draft has been informed by stakeholder and community consultation.

Approximately 35% (17,000 hectares) of the original extent of native vegetation within the City of Whittlesea still exists. Of this, only a small proportion (~ 29% - 4,860 hectares) is located on public land and the remaining exists on privately owned land. Land in Whittlesea has been cleared historically for agriculture and human habitation. In the past decade, the municipality has experienced rapid growth in areas occupied by nationally threatened vegetation communities such as Grassy Eucalypt Woodland and Volcanic Plains Grasslands.

In areas outside of Whittlesea’s urban growth boundary, biodiversity is under threat from poor land management practices and increasing numbers of feral animals and weeds. A recent survey for small mammals in Eden Park failed to find animals on all but one property. Small mammals are typically the first group of animals to disappear from ecosystems under stress.

Council is responsible for the protection and improvement of the municipality’s biodiversity in a range of ways and has a long history of undertaking biodiversity programs that are diverse in their approach to biodiversity management and involve numerous departments and private landowners. Council’s roles in biodiversity protection include:

·        As the Responsible Authority for enforcing the Whittlesea Planning Scheme;

·        Strategic planning and development of Precinct Structure Plans;

·        Supporting landholder action through incentive programs including the Environmental Works Grants and Sustainable Land Management Rebate Scheme;

·        Provision of education materials raising awareness of biodiversity in the municipality;

·        Promotion of sustainable land management practices and the provision of specialist onsite advice;

·        Implementing Council’s Pest Plant Local Law Education and Compliance Program;

·        Workshops and education events promoting biodiversity;

·        Funding for groups such as the Merri and Darebin Creek’s management committees;

·        Management of biodiversity values on Council owned land; and

·        Support for local landcare and weed action groups.

The proposed Strategy seeks to further strengthen and build upon the exemplary work that Council already delivers to improve local biodiversity values. The Strategy will ensure that future programs or changes to existing programs are evidence based and approach biodiversity protection in a strategic manner.

Proposal

Community and stakeholder engagement has informed the draft Biodiversity Strategy. Six objectives were defined with associated priority action areas.

Objective 1: Improve our knowledge and understanding of local biodiversity

To protect and improve biodiversity values and appropriately manage threats, it is essential that our actions are based on current evidence. Collating data and surveying biodiversity will enable Council to take a strategic evidence based approach to managing biodiversity.

Objective 2: Strengthen the Planning Scheme to achieve better biodiversity outcomes

The Whittlesea Planning Scheme is the main regulatory tool that Council uses to protect local biodiversity. It is essential that the application of the planning scheme is based on current evidence and is actively monitored and enforced.

Objective 3: Support rural landowners to protect and improve biodiversity on private land

Large areas of native vegetation exist on private land, making our rural landowners the custodians of much of Whittlesea’s local biodiversity. Council currently supports biodiversity conservation on private land through several incentive programs. Ensuring that these programs continue to be effective mechanisms for supporting landowners to protect and improve local biodiversity for the benefit of the wider community will be essential.

Objective 4: Encourage awareness and participation in urban biodiversity and improvement

Urban areas contain less biodiversity than rural areas but still provide important habitat links and stepping stones in the form of public open space and waterways. These natural areas also contribute to liveability in urban areas and provide significant health and wellbeing benefits. Encouraging urban residents to participate in biodiversity conservation is an important part of the strategy.

Objective 5: Manage Council land to reduce threats and improve habitat quality

Council’s conservation reserves protect significant vegetation and provide important habitat for native wildlife. They also provide opportunities for residents to observe and appreciate the natural environment. These reserves are more susceptible to threats and require active management that is strategic and responsive to changing conditions.

Objective 6: Collaborate with other land management agencies

Whittlesea’s biodiversity exists across various land tenures. Working more collaboratively with other agencies to manage threats to biodiversity will ensure more efficient and effective use of resources, and maximise community and environmental benefits.

Consultation

Community consultation occurred during October-November 2018 and included:

·        The spring biodiversity event (Bugged Out Festival) attended by 700 people;

·        A presence at the Welcome Expo;

·        Online engagement via social pinpoint; and a

·        Meeting with the Agribusiness Reference Group.

In all, 81 comments were received in this process and 290 votes were cast by children at the Bugged Out event.

A full summary of the community consultation is provided in attachment 3.

A stakeholder workshop was also held in late November. Representatives from Parks Victoria, DELWP, Melbourne Water, neighbouring Councils and Wurundjeri were invited to discuss potential collaborative projects. Outcomes of this workshop have informed objective 6: Collaboration with other land agencies.

Targeted consultation was undertaken following the Councillor Briefing 9 April 2019. The strategy was made available online and stakeholders who had previously been involved with the consultation were notified. Minor changes were made to the strategy and action plan based on the feedback received. A summary of changes is provided in attachment 4.

Financial Implications

The Action Plan to deliver the Biodiversity Strategy is tailored so that it can be either delivered mainly within existing staff resources, or through prospective grants from external agencies.

Some limited additional funding may be required in the coming years to undertake project based work stemming from the Biodiversity Action Plan, which will be subject to consideration as part of organisational budget processes.  

Policy strategy and legislation

The draft Biodiversity Strategy & Action Plan aligns with the following strategies / plans:

Federal Australia’s biodiversity Conservation Strategy 2010 - 2030

State Government’s Protecting Victoria’s environment – Biodiversity 2037 plan

Council’s Environmental Sustainability Strategy 2012-2022 (Policy direction 1.3 is to develop and implement a municipal Biodiversity Action Plan)

Whittlesea 2040: Sustainable Environment, key direction 4.1 Valued natural landscapes and biodiversity

link to strategic risks

Strategic Risk Climate Change - Failure to mitigate or adapt to the risks of climate changes

Climate Change has been identified as a threat to biodiversity in the City of Whittlesea. A changing climate will exacerbate the impacts of pest animals and plants and the ability of species to adapt, and this impact will be considered in the implementation of the Strategy.

 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Sustainable environment

Whittlesea 2040 Key Direction     Valued natural landscapes and biodiversity

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

Council Priority                             Environmental Sustainability

 

Declarations of Conflicts of Interest

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

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

Conclusion

This important strategy will guide priority actions regarding biodiversity conservation across the municipality and works to achieve Goal 4 of Whittlesea 2040. It will be delivered largely through existing staff resourcing and budgets, with one off funding sought for a small number of projects.

 

RECOMMENDATION

THAT Council resolve to endorse the Biodiversity Strategy and Action Plan.

Council Resolution

Moved:                       Cr Sterjova

Seconded:               Cr Kozmevski

 

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

Carried

 


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Ordinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Tuesday 4 June 2019

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Ordinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Tuesday 4 June 2019

 

PDF Creator


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

6.3.3      Quarry Hills Regional Parkland Landscape Master Plan

Attachments:                        1        Draft Quarry Hills Regional Park Masterplan   

Responsible Officer:           Director City Transport & Presentation

Author:                                  Manager Parks & Urban Design   

 

RECOMMENDATION SUMMARY

That Council resolve to endorse the Quarry Hills Regional Parkland Landscape Master Plan.

KEY FACTS AND / OR ISSUES

·        The Quarry Hills is one of the defining landscape features of the municipality and contributes strongly to the character of the Mernda and Wollert growth corridor.

·        The Quarry Hills Regional Parkland is identified in Council’s adopted Open Space Strategy (2016) as one of the City of Whittlesea’s four major community parks and the cornerstone of the City’s open space network.

·        The Council adopted Quarry Hills Master Plan 2010 is the foundation document guiding the future development of the park. As part of a suite of management documents for the park, a Landscape Masterplan has now been prepared to guide the recreational elements of the park. 

·        The key elements of the Landscape Master Plan are:

o   a major regional visitor node (Granite Hills Park), which is proposed to include a large, highly developed playground, picnic areas, high quality lawn areas and landscaping;

o   a network of walking trails and additional lookouts through the park;

o   additional local visitor nodes and car parking in the northern end of the existing park; and

o   revegetation and landscaping areas.

·        Public consultation has been undertaken for Stage 1 works and the Landscape Master Plan has been revised to reflect the outcomes of the consultation.

·        Through the implementation of the Landscape Master Plan, Quarry Hills will become one of the most significant parklands in the north of Melbourne and a destination for all City of Whittlesea residents.

 

Report

Background

The Quarry Hills is one of the defining landscape features of the municipality and contributes strongly to the character of the Mernda and Wollert growth corridor. The hills are a dominant visual feature within the landscape and are a common point of reference for these two emerging communities. It is rich in Aboriginal cultural heritage and accommodates a diverse range of ecological communities, remnant vegetation, wildlife habitats and geological attributes. 

The footprint of the Quarry Hills Regional Parkland is defined by the Urban Growth Boundary where it interfaces with the growth areas of Epping, Wollert, South Morang and Mernda. The initial stages of the parkland were facilitated in the 1990s through the development of the Mill Park Lakes Estate. Council has continued to facilitate the creation of this regionally significant asset through growth area planning, with much of the land transferred to Council through the land development process.

The assemblage of the Quarry Hills Regional Parkland is the culmination of many years of research, advocacy and long term strategic planning undertaken by Council. Since 2003, Council’s long term vision has been for a Quarry Hills Parkland of up to 1100 hectares, approximately 2.25% of the area of the municipality. Currently 220 hectares of the Quarry Hills Regional Parkland is in Council ownership. Noting the long term nature of the project, the remainder of the parkland will continue to be assembled as surrounding land use developments occur.

As a way of securing the parkland, Council has previously developed a mechanism for the progressive transfer of land into public ownership through a process of negotiated outcomes as part of the planning approval process for urban development. The mechanism adopted includes offering development concessions to landholders on those parts of their land that are located inside the Urban Growth Boundary, in exchange for transferring land which is located outside of the Urban Growth Boundary into public ownership at no cost. This process is formalised via a Section 173 Agreement and the agreements are not attached to any financial compensation other than allowing the landowner the ability to develop the parts of their site that are not earmarked as part of the parkland. The continued assembly of land within the parkland boundary will ensure the Quarry Hills are permanently protected from urban development.

In 2010, the Quarry Hills Park Master Plan was developed and endorsed by Council. This high level foundation document provides guiding principles for the future design and management of the park as it evolves. The Quarry Hills Regional Parkland Landscape Master Plan sits under this previously endorsed master plan. Drilling down to the next level of detail it identifies the exact location and extent of the recreational elements within the park footprint including the fourth of Council’s major regional community parks.

Proposal

The Quarry Hills Regional Parkland Landscape Master Plan (the Landscape Master Plan) proposes universal access and design principles, and proposes high quality landscape settings with distinctive characters and facilities that encourage both children and adults to be active, social and outdoors.

The key objectives of the Landscape Master Plan include:

·        improving public access into the park, including provision of universal design principles and all ability access where possible;

·        increasing local public use of the park;

·        increasing the regional role of the park;

·        staged establishment of new local and regional visitor areas;

·        protection and enhancement of park biodiversity and cultural heritage values; and

·        optimising park operational and land management costs.

The Landscape Master Plan builds upon Council investment already undertaken in the park which has resulted in the development of a network of trails, a series of lookouts and a nodal car park to support resident’s access to the southern end of the park.

The Landscape Master Plan details the development of:

·        a major regional visitor node (Granite Hills Park), which is proposed to include a large, highly developed playground, picnic areas, high quality lawn areas and landscaping.  This will create one of four major community parks, which are the features of the city’s park network as outlined in Council’s adopted Open Space Strategy (2016);

·        a network of walking trails and additional lookouts through the park;

·        additional local visitor nodes and car parking in the northern end of the existing park; and

·        revegetation and landscaping areas.

Through the implementation of the Landscape Master Plan, Quarry Hills will become one of the most significant parklands in the north of Melbourne and a destination for all City of Whittlesea residents.

Consultation

The Landscape Master Plan was previously presented at Council Forum on the 8 March 2017 where it was resolved to undertake public consultation. In July 2017, public consultation was undertaken specifically for the development of Stage 1 of the Quarry Hills Regional Parkland including the major regional visitor node (Granite Hills Park).

A range of methods and tools were used to engage with the community and key stakeholders including four pop up consultations (one at the National Tree Planting Day, two at Mernda Village Shopping Centre and one at the Mernda Community Grocer), an extended school workshop, a key stakeholder workshop and an online survey. During the community engagement activities, a wide range of people were consulted including children, young people and adults, people who live in Mernda, South Morang, Epping, Doreen and people from diverse backgrounds. Approximately five hundred ideas and views were gathered through the public consultation process.

Consultation revealed that the majority of people were supportive of the Stage 1 works and were excited about the prospect of having a new playspace, picnic facilities and other activities built within their community.

Points were raised by residents who live in close proximity, or back onto the Quarry Hills Park, including that local visitor nodes may attract anti-social behaviour and that walking tracks created privacy and safety issues.

The Landscape Master Plan has been revised after considering feedback from the consultation.  Other matters raised were considered to be design related and will be addressed at the detailed design phase.

Critical Dates

Council endorsement of the Landscape Master Plan in 2019 will mean detailed design documentation can commence in the 2020/21 financial year, best placing Council for grant applications.

Financial Implications

The implementation of the Landscape Master Plan is estimated to cost $10.6 million, with staging proposed over a number of years. The major regional visitor node (Granite Hills Park) is proposed to be the focus of Stage 1 of the development of the park, and is valued at an estimated $5.1 million.

The construction of Stage 1 is proposed to commence in 2021/22 with a more immediate focus being on the development and construction of Council’s three other major community parks in the south (Whittlesea Public Gardens, Norris Bank Reserve and Mill Park Recreation Reserve). These three parks were considered to be of higher priority given the lack of quality open spaces in the established areas.

Funding for the implementation of the master plan will be considered as part of Council’s annual budget process.

There are several external funding sources which could potentially be accessed via grant applications following the completion of the Landscape Master Plan. In the past, Council has accessed the State Government grants to construct the existing lookouts, shelters and path networks within the park. Given the level of new construction required it would be prudent and beneficial for Council to continue to seek external funding.

Policy strategy and legislation

The Quarry Hills Regional Parkland is reflected and supported by numerous state and local policies and strategies both broadly and specifically. These documents recognise the role and importance of the Quarry Hills Regional Parkland in the overarching planning framework. These documents include the Local Planning Policy Framework, Green Wedge Management Plan (2011), Open Space Strategy (2016), Native Vegetation Offset Plan (2014), Linking People and Space (soon to be superseded by the Metropolitan Open Space Strategy), North Growth Corridor Plan (2012), Plan Melbourne (2015), Urban Growth Boundary and the Quarry Hills Bushland Park Master Plan (2010).

link to strategic risks

Strategic Risk Service Delivery - Inability to plan for and provide critical community services and infrastructure impacting on community wellbeing

The provision of, and access to recreational open spaces is fundamental to community health and wellbeing. This project will deliver one of Council’s four regional playspaces.

 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Liveable neighbourhoods

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

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

Council Priority                             Planning and Infrastructure

 

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

Quarry Hills is a significant landscape feature and parkland for the city. The assemblage of the Quarry Hills Regional Parkland is the culmination of many years of research, advocacy and long term strategic planning undertaken by Council to ensure the Quarry Hills are protected from urban development.

The Quarry Hills Regional Parkland Landscape Master Plan has been prepared to improve access to the park and guide park improvements including a new major regional visitor node which will create one of the last four major community parks as identified in Council’s adopted Open Space Strategy (2016).

A rigorous public consultation process was undertaken for the development of Stage 1 of the Landscape Master Plan which is overwhelmingly supported by stakeholders and the community.

Through the implementation of the Landscape Master Plan, Quarry Hills will become one of the most significant parklands in the north of Melbourne and a destination for all City of Whittlesea residents.

 

RECOMMENDATION

THAT Council resolve to endorse the Quarry Hills Regional Parkland Landscape Master Plan.

Council Resolution

Moved:                       Cr Sterjova

Seconded:               Cr Kozmevski

 

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

Carried

 


Ordinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 Tuesday 4 June 2019

 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

6.3.4      Huskisson Recreation Reserve Master Plan, Lalor

Attachments:                        1        Huskisson Recreation Reserve Master Plan   

Responsible Officer:           Director City Transport & Presentation

Author:                                  Team Leader Public Realm Development   

 

RECOMMENDATION SUMMARY

That Council endorse the Huskisson Recreation Reserve Master Plan

KEY FACTS AND / OR ISSUES

·    The Huskisson Recreation Reserve master plan has been prepared to review the existing conditions and functions of the public open space and to guide future development and management of the reserve.

·    Huskisson Recreation Reserve is located in the south western pocket of the municipality in Lalor.  The park has traditionally been occupied as an active recreation reserve, being home to a football club, cricket club, a tennis club and more recently, a rugby club.  In the last few years the 6.5 hectare park has seen a substantial loss in both sporting club participation and overall community use. 

·    There are multiple compounding reasons as to why the community do not frequent the reserve, with the main reasons being concerns for personal safety and dilapidated park infrastructure. 

·    The master plan seeks to address safety concerns by significantly improving the level of passive surveillance that occurs within the park.  Converting some under-utilised areas of its’ eastern edge to housing that will overlook the reserve.

·    Community consultation and engagement has been undertaken on the draft master plan and strong support was received for the recommendations. The proposal to create new housing facing the park along the eastern boundary of the reserve received mixed feedback but was generally supported.

·    In the fourth and final phase of consultation, the revised draft master plan was presented to the community with changes made from the feedback from previous consultations. The main changes were a reduction in the amount of area proposed for residential development, further strengthening of community use or passive use sporting infrastructure, relocation of the playspace and increased DDA access into the reserve from the Kingsway Drive entrance.

 

 

Report

Background

Huskisson Reserve is located in Lalor, east of Edgars Road and is bounded by Edgars Creek to the west.  The reserve is a large parcel of open space within the Lalor / Thomastown catchment. Access to, and utilisation of, the reserve is poor, primarily as a result of it being ‘tucked away’ behind housing.

After receiving multiple complaints about drug use and antisocial behaviour at Huskisson Reserve, Council conducted a Community Day in August 2016 at the reserve to help promote the sporting clubs and to officially open the new playground and half sized basketball court.  The purpose of the day was to entice locals to re-engage with their local public open space.  The community feedback received from the day was that the new park infrastructure was fantastic however the community did not feel safe using it due to its isolation and lack of passive surveillance.  

Huskisson Reserve is home to one permanent sporting club, the West Lalor Tennis Club which has been operating at the reserve for over 25 years.  The Huskisson Reserve sports oval is utilised as an overflow ground only and no sporting clubs are based at the reserve.  The tennis courts and pavilion are isolated and cannot be seen from either Kingsway Drive or Huskisson Drive.

The City of Whittlesea Open Space Strategy (2016) categorises Huskisson Reserve as a Municipal open space and suggested the following recommendations to improve usage;

·    Major upgrade to unstructured and informal recreation facilities to improve access into the reserve and use of this existing open space by the existing and forecast community

·    Investigation into providing a pedestrian bridge over Edgars Creek to link to Edgars Road Neighbourhood Park.

An analysis of the reserve identified the following key issues which were discussed with Councillors at a workshop in May 2017.

Community Safety – Addressing the very poor perception of public and community safety is critical to the success of the public open space.  Providing a public environment where the community feel safe is a primary objective to all improvements.

Passive surveillance – Revitalisation of the park through improved facilities only is unlikely to be sustainable and successful without improved passive surveillance of the park. 

Access – The reserve has extremely poor pedestrian and vehicle access.  There are no concrete paths at any of the entrances to the reserve. The main vehicle access is between two residential properties and is permanently locked up via a gate.  There is no direct access from Edgars Road to the reserve as the Edgars Creek prevents any connection.

Visibility – The reserve is not directly visible from any of the four perimeter roads or from the small shopping complex on Kingsway Drive.

Aged Infrastructure – Existing community infrastructure such as sporting pavilions, cricket nets and tennis courts are aged and require a full redevelopment to bring them in line with current industry standards and community requirements.

Community Ownership – There is currently very limited or no sense of community or sporting club ownership over the reserve.

Future of active recreation – The site has traditionally been utilised as an active recreation reserve, housing multiple sporting clubs.  Clubs have evolved and now require two sportsgrounds to remain viable.  The ability of the reserve to accommodate active recreation is questionable.

Connecting Public Open Space – New development is occurring to the north of Huskisson Reserve. This is an opportunity to enhance the connection between Pacific Epping, Deveny Road Precinct and Huskisson Recreation Reserve via the Edgars Creek corridor.

Proposal

The Huskisson Recreation Reserve master plan will guide the future use and development of the reserve to ensure it can function as a high-quality park with inviting landscape features, amenities and programmed use.

The master plan key objectives are to:

1.       Improve safety and promote increased activity within the reserve.

2.       Create a more accessible community and social hub.

3.       Upgrade sporting infrastructure and facilities.

4.       Improve the natural environment and connection to Edgars Creek.

5.       Establish an attractive and well maintained reserve.

A key feature of the master plan is to reconfigure the reserve layout from having only a 14% active frontage to a 35% active frontage. The higher active frontage promotes passive surveillance and in turn increases levels of perceived personal safety. This would also see a loss of approximately 9% of the existing public open space (approx. 0.57Ha).

The key recommendations and ideas presented to the community to achieve these objectives can be found in detail in Attachment 1.

The key recommendations of the master plan are:

·        Establish new road and residential housing facing into the reserve to improve passive surveillance and public safety in the reserve.

·        Improve pedestrian and cyclist access into the reserve by constructing 3 metre wide concrete paths with links to Kingsway Drive and Deveny Road.

·        Provide new picnic facilities including new shelters, BBQs and seating for large families, community groups and Bush Kindergarten.

·        Relocate and expand the existing playground.

·        Install a pedestrian and cyclist bridge over Edgars Creek to connect Edgars Road to Huskisson Reserve.

·        Provide additional indigenous tree planting to increase shade cover within the reserve.

·        Advocate with Melbourne Water on the landscape quality and revegetation opportunities for Edgars Creek.

·        Create an open grassed area that supports overflow and informal community sporting uses that includes a cricket pitch, soccer goals, football goals, and a new shelter. 

·        Relocate the fitness stations and provide more along the 3.0m wide shared paths.

·        Upgrade the West Lalor Tennis Club facilities to include six courts, hot-shot courts, new lighting and new pavilion with publicly accessible public toilet facilities.

·        Provide new multi-use hard stand courts which can be used for netball, basketball and other hand ball games.

·        Extend and upgrade existing Kingsway Drive car park and provide DDA compliant ramp access into the reserve.

The intention of a staged master plan implementation approach is to allow key priorities to be delivered early while other actions can take affect at a later stage when it is more suitable and practical.

Consultation

The community and stakeholder consultation sought to demonstrate how Huskisson Recreation Reserve could be transformed into an active and welcoming park by focusing on increased activation, access and improving safety at the reserve through residential development around the inactive edges of the park. The community consultation and engagement process has included:

Phase 1 – Initial discussions with stakeholders and community

March 2017 - The engagement included an onsite school workshop, one pop up consultation event at the Lalor Hub, external and internal key stakeholder meeting and an online and hard copy survey.  The consultation revealed that many community members do not feel safe in Huskisson Reserve and that the park is a primary location for drug use and distribution. 

Phase 2 and 3 – Draft master plan consultation

Undertaken in September 2018 at the Lalor Library with residents and the community who are near or immediately adjacent to the reserve. The scope of the engagement was focused primarily on recommendation 7 – Establish new road and residential housing facing into the reserve to improve passive surveillance and public safety in the reserve however conversations regarding the broader Huskisson Recreation Reserve were also discussed in detail.

Undertaken in October 2018 - To seek the wider community’s comments and feedback on the draft master plan the following was undertaken:

·    Letter drop including a copy of the draft master plan to 6,900 properties within a 1.5km radius of Huskisson Recreation Reserve inviting comment or feedback on recommendations.

·    Letter or email including a copy of the draft master plan issued to 30 local community groups or organisations.

·    Social media posts on various platforms.

·    Inclusion in the weekly leader Council Column.

·    Presence on the City of Whittlesea – Have Your Say website.

·    Interactive map via Social Pin Point to allow specific comments on key recommendations.

·    A popup information session on Saturday 6th October at the Lalor Hub Shops between 11am and 2pm.

·    Attendance at the West Lalor Tennis Club Open Day on 30 September 2018.

·    Sign boards erected at Huskisson Recreation Reserve.

Phase 4revised draft master plan consultation

Undertaken in February 2019 to seek community’s comments on changes made to the draft master plan after Phase 2 and 3 of community consultation. The key change to the master plan was that the amount of residential development proposed along the edge of the reserve had been reduced.  Consultation activities included a:

·    Letter drop including a copy of the draft master plan to properties within a 500m radius of Huskisson Recreation Reserve inviting comment or feedback on recommendations.

·    Letter or email including a copy of the draft master plan issued to 30 local community groups or organisations.

·    Social media posts on various platforms.

·    Presence on the City of Whittlesea – Have Your Say website.

·    A popup information session on Wednesday 27th February at the Huskisson Recreation Reserve Pavilion between 4pm and 7pm.

·    Attendance at the West Lalor Tennis Club general meeting.

·    Sign boards erected at Huskisson Recreation Reserve and local activity areas.

The pop up session was a great opportunity for local residents to see how their feedback from the previous phase of consultation was considered and actioned in the revised draft master plan.  People were able to see the direct changes and also provide comment on areas where they felt the plan had strengths and weaknesses. The pop up session also encouraged locals to meet other locals and share views on how the reserve used to historically function and how they would like to see it improved for future use.  Over 23 people attended the session and conversations varied from small group discussion to one on one conversation.

The three running themes captured from local residents’ comment and feedback from the afternoon included:

1.   Reduction of potential housing – feedback from the phase 3 consultation had been addressed through the reduction of land recommended for residential development. Although there were still some mixed opinions on the recommendation, there was more support for the area shown in the revised draft master plan.

2.   Shared and flexible use – With the recommendation to remove the existing aged pavilion, the remaining infrastructure in the reserve should cater for a variety of mixed uses and encourage more passive recreation uses as opposed to active recreation.

3.   Positivity for Change – recognition that change is required within the reserve and its surrounds in order for more people to use the reserve.  The Lalor area is changing and the reserve will need to change too.   Majority of the recommendations contribute to making the reserve a fantastic place to visit.

Key findings from the final consultation and engagement phase:

1.   Mixed opinions regarding the potential loss of public open space in the Lalor area as a result of converting the edge of the park to housing.  It was recognised that the reduced area recommended for residential development was an improvement from the previous version of the draft master plan.

2.   It was suggested that if majority of the ideas/recommendations are implemented up front then the reserve will see increased use and will also result in increased passive surveillance without having to potentially lose public open space to roads and housing.

3.   General concern that Council will not commit to improving the reserve as minimal asset renewal has occurred in the reserve over the past 15 years.

4.   Reassess the configuration and layout of the tennis club redevelopment to allow for a stronger connection between the pavilion, public accessible toilet and community sport field. 

5.   Provide community use cricket practice nets.

Key findings 4 and 5 above have been addressed in the master plan following the consultation period.

Financial Implications

The estimated budget required to implement the draft master plan recommendations and actions is subject to further design development; however initial estimates place the cost at $8.1 million (including full redevelopment of the West Lalor Tennis Club Pavilion and six tennis courts which is estimated at $4.2M). 

Revenue generated from housing conversion is proposed to be reinvested back into the reserve to in part offset the costs of the master plan implementation.  It is estimated that the footprint for housing within the reserve will create nine allotments (approx. 350m2 to 380m2 in size) and realise an estimated return to Council of $1.35M.

Revenue generated would be subject to the method of sale that Council may potentially pursue. Options include Council undertaking the subdivision development, or selling a consolidated single land parcel with a planning permit to a prospective developer. Design guidelines for the housing and subdivision will be developed under this scenario to underpin quality design and partly address concerns of adjoining residents.

The master plan action items have been assigned a priority for delivery which will be reflected in the forward New Works Program.  High priority actions will be earmarked for budget consideration in the 2020/21 financial year.

Some action items such as the shared path from Kingsway Drive to Deveny Road are already in the New Works Program and are scheduled to be delivered in the 2019/20 financial year.

There are opportunities to seek State Government funding from grants such as the Growing Suburbs Fund, Safer Communities Fund and Sports and Recreation Victoria – Community Sports Infrastructure Fund to aid funding the implementation.

Policy strategy and legislation

A number of existing strategic planning documents, policies and strategies have influenced the Huskisson Recreation Reserve Master Plan. A review and summary of each including any key directions relevant to the reserve and proposed Actions is included as an Appendix to the attached master plan. The documents reviewed are as follows:

·    Whittlesea 2040 – A place for all

·    Active Whittlesea Strategy 2019-2028

·    Open Space Strategy 2016

·    Playspace Planning Framework and Policy 2013-16

·    Tennis Strategy 2013-2018

·    Draft Multiple Sports Strategy 2017-2026

·    Natural and Built Shade Policy

·    Heatwave Plan

link to strategic risks

Strategic Risk Life Cycle Asset Management - Failure to effectively plan for the construction, on-going maintenance and renewal of Council’s assets

The Huskisson Recreation Reserve master plan project was undertaken to review the existing conditions and effectively plan for the future development and management of the reserve.  As part of this, the master plan addresses the future use and development of Huskisson Recreation Reserve to ensure assets are upgraded, renewed or replaced. 

Strategic Risk Community and Stakeholder Engagement - Ineffective stakeholder engagement resulting in compromised community outcomes and/or non-achievement of Council's strategic direction

One of the themes emanating from the multiple consultation phases was a general concern that Council will not commit to improving the reserve as minimal asset renewal has occurred in the reserve over the past 15 years.  The master plan provides the community with direction and outlines actions which can be delivered to implement the master plan.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Liveable neighbourhoods

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

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

Council Priority                             Planning and Infrastructure

 

Declarations of Conflicts of Interest

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

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

Conclusion

Following extensive consultation with the community, a master plan has been prepared to guide the direction and future development of Huskisson Recreation Reserve. It responds to the issues and constraints identified, including poor perception of safety, and sets out a plan for high quality public open space creating an attractive and welcoming environment for the broader Lalor community. 

 

RECOMMENDATION

THAT Council resolve to endorse the Huskisson Recreation Reserve master plan

Council Resolution

Moved:                       Cr Joseph

Seconded:               Cr Sterjova

 

THAT Council resolve to adopt the Recommendation.

 

CARRIED UNANIMOUSLY

 

 


Ordinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 Tuesday 4 June 2019

 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator 


 

 


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

6.4       Corporate Services

6.4.1      Lease - 3ME NETWORK AUSTRALIA (radio) - Part of 100W Great Eastern Way South Morang

Attachments:                        1        Site Plans   

Responsible Officer:           Director Corporate Services

Author:                                  Senior Property Officer   

 

RECOMMENDATION SUMMARY

1.   Resolve that Council officers commence the statutory processes required under the Local Government Act 1989, to lease part of Council’s land located at 100W The Great Eastern Way, South Morang, to 3ME Network Australia.

2.   Invite and consider public submissions received pursuant of Section 223 of the Local Government Act 1989 and that all findings be presented in a report to Council at its earliest convenient meeting.

3.   Present a further report to Council following the close of the submission period.

KEY FACTS AND / OR ISSUES

·    3ME Network Australia seek to enter a lease with Council to enable the relocation of a telecommunication facility (in accordance with planning permit 2018-717318). The tower and shelter will be built within a 25m2 footprint (5m x 5m) of the reserve, located south of the Hillsview Recreation Reserve soccer pitches (within the Ausnet high voltage powerline easement). 3ME is Australia’s first commercially owned 24 hr Arabic radio network broadcasting on 1638AM.

·    The lease will be for an initial term of ten years subject to two further terms of five years each. A commencement rental of $24,000 per annum (plus GST – full market rental) will be charged and reviewed annually by fixed 4% increments. Council also reserve the right to undertake a market rent review at the end of the initial term and all further terms. All terms and conditions will be drawn in consideration of the existing lease held with Melbourne Water and all telecommunication leases held by Council.

 

Report

BACKGROUND

The existing 3ME Network Australia telecommunication facility is located on land which was recently declared surplus to Melbourne Water’s requirements, and therefore will be sold on the open market and requiring the relocation of the telecommunication facility.

3ME Network Australia and Melbourne Water representatives have recently approached Council officers seeking an agreement to decommission and relocate an existing telecommunication facility that is located within Melbourne Water’s land at 91 Williamsons Road South Morang to an appropriate Council site (see Attachment 1 – Site Plans). 

The proposal will enable 3ME Network Australia to enter a lease with Council for the relocation of a new telecommunication facility (built in accordance with planning permit 2018-717318).

3ME Network Australia will construct a 30m high tower and equipment shelter within a 25m2 footprint (5m x 5m) of the reserve, located south of the Hillsview Recreation Reserve soccer pitches (within the Ausnet high voltage powerline easement). The equipment shelter will be a colour bond construction (1.8m high) and be serviced by an isolation power transformer that will be connected to the closest pits within Vincent Drive and the Ausnet high voltage towers. Earth mats will be installed within all areas where the existing walking tracks cross over trenched electrical cabling.

The installation of services will not impact on the Hillsview conservation reserve nor interrupt existing recreational uses carried out on the Hillsview pitches.  

3ME Network Australia is Australia’s first commercially owned 24hr Arabic radio network broadcasting from Parramatta on 1638AM.

Proposal

For 3ME Network Australia to enter a lease with Council to facilitate the construction of a new 30m high impact telecommunication facility (in accordance with planning permit 2018-717318) on the proposed Council owned land.

The lease will be for an initial term of ten years subject to two further terms of five years each. A commencement rental of $24,000 per annum (plus GST – full market rental) will be charged and reviewed annually by fixed 4% increments. Council also reserve the right to undertake a market rent review at the end of the initial term and all further terms. All terms and conditions will be drawn in consideration of the existing lease held with Melbourne Water and all telecommunication leases held by Council. Terms, will include but be limited to, the payment of rent, rates and taxes, insurance, legal costs, maintenance and the removal of any unwanted improvements at the expiry of the lease or each of the further terms (if exercised).

Consultation

Council officers have referred the proposal to all relevant internal departments to ensure that there were no objections (referencing both the planning permit and lease term conditions).

public submissions

Public submissions will be invited on the proposed lease under Section 223 of the Local Government Act 1989.  An advertisement will be placed in the Whittlesea Leader newspaper and Council’s website (public notice section) on Tuesday 11 June 2019, requesting that public submissions be received by 12 noon on Wednesday 10 July 2019.

Financial Implications

Council’s Manager Property, Rates & Valuations has proposed that a commencement rental of $24,000 per annum plus GST (full market rental) be charged and reviewed annually by fixed 4% increments. Council will reserve the right to undertake a market rent review at the end of the initial term and all further terms.

Policy strategy and legislation

Council must seek public submissions on the proposed lease under Section 190 of the Local Government Act 1989.  Submissions will be invited for a period no less than 28 days and referred onto an elected Committee of Council for consideration.  The appointed Committee will consider and report all findings to Council for its final recommendation at their next available meeting. 

 

link to strategic risks

Strategic Risk Service Delivery - Inability to plan for and provide critical community services and infrastructure impacting on community wellbeing

The proposed lease will ensure that 3ME Network Australia’s 24hr Arabic radio broadcasting network is retained despite the de-commissioning and sale of Melbourne Water’s land located at 91 Williamsons Road, South Morang.

 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Strong local economy

Whittlesea 2040 Key Direction     Successful, innovative local businesses

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

Council Priority                             Health and Wellbeing

Declarations of Conflicts of Interest

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

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

Conclusion

The proposed leasing of Council land and the relocation of the new 30m high impact telecommunication facility (in accordance with planning permit 2018-717318) will not impact on the Hillsview conservation reserve nor interrupt existing recreational uses carried out on the Hillsview pitches.  The proposed lease will provide a rental income to Council of $24,000 (plus GST) per annum over the term of the lease and enable the decommissioning and relocation of the existing tower situated within the Melbourne Water’s land at 95 Williamsons Road, South Morang. 

 

 

 

RECOMMENDATION

THAT Council resolve to:

1.       Invite public submissions in accordance with Section 190 and 223 of the Local Government Act 1989, on its intentions to lease the land located at 100W The Great Eastern Way, South Morang, to 3ME Network Australia.  The lease will be drawn under the following terms and conditions –

a)      The Tenant will be offered a lease for an initial period of 10 years with two further terms of five years each.

b)      The Tenant will pay a commencement rental of $24,000 per annum (plus GST), annually adjusted by fixed 4% increments, and to undertake a market rent review at the end of the initial term and all further terms.

c)      The construction of a new telecommunication facility will be built in accordance with planning permit 2018-717318.

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

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

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

Council Resolution

Moved:                       Cr Monteleone

Seconded:               Cr Alessi

 

THAT Council resolve to:

1.       Invite public submissions in accordance with Section 190 and 223 of the Local Government Act 1989, on its intentions to lease the land located at 100W The Great Eastern Way, South Morang, to 3ME Network Australia.  The lease will be drawn under the following terms and conditions –

a)      The Tenant will be offered a lease for an initial period of 10 years with two further terms of five years each.

b)      The Tenant will pay a commencement rental of $24,000 per annum (plus GST), annually adjusted by fixed 4% increments, and to undertake a market rent review at the end of the initial term and all further terms.

c)      The construction of a new telecommunication facility will be built in accordance with planning permit 2018-717318.

2.       Establish an advisory Committee of Council comprising of Cr Alessi, Cr Desiato and Cr Kelly to consider any written submissions received on the proposal and make recommendations to Council on any such submissions.

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

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

Carried

 


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

PDF Creator


 

PDF Creator

 


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

6.4.2      Lease - Ausnet Services - Mill Park Leisure Centre redevelopment

Attachments:                        1        Site Plan   

Responsible Officer:           Director Corporate Services

Author:                                  Senior Property Officer      

 

RECOMMENDATION SUMMARY

1.   Resolve that Council officers commence the statutory processes required under the Local Government Act 1989, to lease part of Council’s land located at 29W Morang Drive, Mill Park (Mill Park Leisure Centre), to Ausnet Services (‘Ausnet’).

2.   Invite and consider public submissions received pursuant of Section 223 of the Local Government Act 1989 and that all findings be presented in a report to Council at its earliest convenient meeting.

3.   Present a further report to Council seeking approval to grant a lease to Ausnet, for the purposes of providing a new power kiosk that will supply energy to the Mill Park Leisure Centre (once redeveloped) and surrounding recreational and care uses.

KEY FACTS AND / OR ISSUES

·    Council adopted the Major Leisure and Aquatic Facility Strategy (MLAFS) in March 2014. The Strategy provides direction on the delivery of major leisure and aquatic facilities over the next 20 years. A recommendation of the strategy is to redevelop Mill Park Leisure Centre (MPLC).

·    As part of the works currently being undertaken it is required to upgrade the power supply to the site, and therefore a new power kiosk needs to be installed by Ausnet. The total cost of the works is $121,931 for which Ausnet has asked Council to contribute $500 plus GST.

·    Without these works the newly redeveloped facility will not have enough power to operate.

·    A lease will be drawn for a period of 30 years and provide a further term of 20 years. A rental of $0.10 per annum (peppercorn rental fixed in perpetuity, plus GST) will be charged in lieu of the financial contribution provided by Ausnet installing the new power kiosk.

 

Report

BACKGROUND

Council adopted the Major Leisure and Aquatic Facility Strategy (MLAFS) in March 2014. The Strategy provides direction on the delivery of major leisure and aquatic facilities over the next 20 years. A recommendation of the strategy is to redevelop Mill Park Leisure Centre (MPLC).  Council Awarded a contract to Commercial Industrial Construction Group Pty Ltd on 3 July 2018 for the Redevelopment of the Mill Park Leisure Centre.  As part of the works currently being undertaken it is required to upgrade the power supply to the site, and therefore a new power kiosk needs to be installed by Ausnet.  The total cost of the works is $121,931 for which Ausnet has asked Council to contribute $500 plus GST.  Without these works the newly redeveloped facility will not have enough power to operate.

A lease, commencing 1 April 2019, will be drawn for a period of 30 years and provide a further term of 20 years. A rental of $0.10 per annum (peppercorn rental fixed in perpetuity, plus GST) will be charged in lieu of the financial contribution provided by Ausnet installing the new power kiosk.

Ausnet have provided a draft lease to Council officers for review and have requested formal approval be granted to allow for installation works to occur immediately following Council’s recommendation and closure of the public submission process. The premises will be approximately 10m by 6m in dimension and will require carriageway easements to allow for the provision of underground and overhead cable connections. All terms and conditions of the lease will be drawn in consideration of peppercorn leases held by Council, including the payment of rent (if demanded), rates and taxes, insurance, legal costs, maintenance and the removal of any unwanted improvements at the expiry of the lease or each of the further terms (if exercised). The lease is to run concurrently with the redevelopment of the Mill Park Leisure Centre.

Proposal

To commence the statutory processes required under the Local Government Act to lease part of Council’s land adjacent to the Mill Park Leisure Centre redevelopment, located at 29W Morang Drive, Mill Park, to Ausnet Services (‘Ausnet’). The lease will allow for the provision of a new power kiosk that will supply energy to the Mill Park Leisure Centre (once redeveloped) and surrounding recreational and care uses.

public submissions

Public submissions will be invited on the proposed lease under Section 223 of the Local Government Act 1989.  An advertisement will be placed in the Whittlesea Leader newspaper and Council’s website (public notice section) on Tuesday 11 June 2019, requesting that public submissions be received by 12 noon on Wednesday 10 July 2019.

Financial Implications

A rental of $0.10 per annum (peppercorn rental fixed in perpetuity, plus GST) will be charged in lieu of the financial contribution provided by Ausnet installing the new power kiosk (total cost of the works is $121,931).

Policy strategy and legislation

Council must seek public submissions on the proposed lease under Section 190 of the Local Government Act 1989.  Submissions will be invited for a period no less than 28 days and referred onto an elected Committee of Council for consideration.  The appointed Committee will consider and report all findings to Council for its final recommendation at their next available meeting. 

link to strategic risks

Strategic Risk Service Delivery - Inability to plan for and provide critical community services and infrastructure impacting on community wellbeing

The proposed lease and installation of the new power supply kiosk will ensure suitable delivery of the Mill Park Leisure Centre redevelopment at a minimal financial cost to Council. The kiosk will also enable other neighbouring community services (i.e. DPV Health, Mill park softball) to have access to power supply upgrades.

 

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 develops collaborative approaches and partnerships to deliver services, buildings and community spaces

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

Lease of part of Council’s land adjacent to the Mill Park Leisure Centre redevelopment at 29W Morang Drive, Mill Park, to Ausnet, will enable the installation of the required new power kiosk to service the Mill Park Leisure Centre and surrounding recreational and care facilities at minimal financial cost to Council.

 

RECOMMENDATION

THAT Council resolve to:

1.       Invite public submissions in accordance with Section 190 and 223 of the Local Government Act 1989, on its intentions to lease part of Council’s land adjacent to the Mill Park Leisure Centre redevelopment, located at 29W Morang Drive, Mill Park, to Ausnet Services (‘Ausnet’). The lease will enable the installation of a new power kiosk to replace the existing power supply servicing the Mill Park Leisure Centre and surrounding recreational and care facilities.  The lease will be drawn under the following terms and conditions –

a)      The Tenant will be offered a lease for an initial period of 30 years and offer one further term of 20 years.

b)      The Tenant will pay an annual rental of $0.10 (peppercorn rental fixed in perpetuity plus GST) (if demanded) in recognition of Ausnet’s financial investment provided by Ausnet installing the new power kiosk.

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

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

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

COUNCIL RESOLUtion

Moved:           Cr Joseph

Seconded:      Cr Kozmevski

THAT Council resolve to:

1. Invite public submissions in accordance with Section 190 and 223 of the Local Government Act 1989, on its intentions to lease part of Council’s land adjacent to the Mill Park Leisure Centre redevelopment, located at 29W Morang Drive, Mill Park, to Ausnet Services (‘Ausnet’). The lease will enable the installation of a new power kiosk to replace the existing power supply servicing the Mill Park Leisure Centre and surrounding recreational and care facilities.  The lease will be drawn under the following terms and conditions –

a)      The Tenant will be offered a lease for an initial period of 30 years and offer one further term of 20 years.

b)      The Tenant will pay an annual rental of $0.10 (peppercorn rental fixed in perpetuity plus GST) (if demanded) in recognition of Ausnet’s financial investment provided by Ausnet installing the new power kiosk.

2.       Establish an advisory Committee of Council comprising of Cr Alessi, Cr Desiato and Cr Kelly to consider any written submissions received on the proposal and make recommendations to Council on any such submissions.

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

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

CARRIED

 

 


Ordinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 Tuesday 4 June 2019

 


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

6.4.3      Lease - Citywide Service Solutions - Epping Depot - 68-96 Houston Street Epping

Attachments:                        1        Houston Street Accommodation

2        Duffy Street Accommodation   

Responsible Officer:           Director Corporate Services

Author:                                  Senior Property Officer   

 

RECOMMENDATION SUMMARY

1.   Resolve that Council officers commence the statutory processes required under the Local Government Act 1989, to lease part of Council’s Epping depot located at 68-96 Houston Street and 51-59 Duffy Street, Epping, to CityWide Service Solutions (‘Citywide’).

2.   Invite and consider public submissions received pursuant of Section 223 of the Local Government Act 1989 and that all findings be presented in a report to Council at its earliest convenient meeting.

3.   Present a further report on the proposed lease following the close of the submission period.

KEY FACTS AND / OR ISSUES

·    The Parks and Open Space Maintenance Services contracts allows for the continued high level presentation of the city and of the city’s parks and street tree network.  This contract is the largest that Council has awarded in its history.

·    Citywide was awarded contract 2016-201B for a period of six years (commencing 1 April 2019) The contract has provision for two further options of three years and one year respectively. Under contract 2016-201B, a lease of Council land must be offered to Citywide for the same period (and specified terms) to that stated within the contract.

·    A lease gross rental of $44,000 per annum (plus GST and outgoings) is to be charged in accordance with the rates tendered under the Parks & Open Space maintenance contract CT 2016-201B. The rent will be reviewed annually to CPI (‘All Melbourne index’) at the anniversary date of the lease commencement date (1 April 2019). Council will reserve the right to undertake a market rent review at the expiry of the initial term and each of the further terms.

 

Report

BACKGROUND

Council, at its meeting held on 2 October 2018, formally resolved that contract number 2016-201 for Parks & Open Space Maintenance Services is awarded for a term commencing 1 April 2019 to 31 March 2025 with extension options to 31 March 2029:

·    To Green Life Group for Part A (Parks Maintenance)

For the total year one lump sum price of $8,068,352.33; and

For the tendered schedule of rates with total expenditure estimated at $58,261,917.

·    To Citywide Service Solutions for Part B (Trees Maintenance)

For the total year one lump sum price of $2,606,200, and

For the tendered schedule of rates with total expenditure estimated at $17,824,315.

The purpose of this contract is to maintain a network of high quality open space areas, park trees and streetscapes.

As part of the contract conditions, CityWide was awarded suitable accommodation facilities to house its staff within the Epping Depot (see Attachment 1 – Houston Street Accommodation) along with the provision of suitable material stock-piling areas (Attachment 2 - Duffy Street Accommodation). The lease areas would replicate that tendered and awarded to CityWide Service Solutions in 2009 under contract CT090801.

All terms and conditions of the lease will be drawn up in consideration of similar leases held by Council, including the payment of rent (monthly basis), rates and taxes, insurance, legal costs, maintenance and the removal of any unwanted improvements at the expiry of the lease or each of the further terms (if exercised). The lease is to run concurrently with the contract and to be surrendered at the same date as the contract is terminated or surrendered.

Proposal

To commence the statutory processes required under the Local Government Act to lease part of Council’s Epping depot located at 68-96 Houston Street and 51-59 Duffy Street Epping, to CityWide Service Solutions, for the purposes of providing staff accommodation and material stock-piling services under the Parks & Open Space maintenance contract CT 2016-201B.

public submissions

Public submissions will be invited on the proposed lease under Section 223 of the Local Government Act 1989.  An advertisement will be placed in the Whittlesea Leader newspaper and Council’s website (public notice section) on Tuesday 11 June 2019, requesting that public submissions be received by 12 noon on Wednesday 10 July 2019.

Financial Implications

A lease gross rental of $44,000 (full market rental, plus GST and outgoings) is to be charged in accordance with the rates tendered under the Parks & Open Space maintenance contract CT 2016-201. The rent will be reviewed annually to CPI (‘All Melbourne index’) at the anniversary date of the lease commencement date (1 April 2019). Council will reserve the right to undertake a market rent review at the expiry of the initial term and each of the further terms.

Policy strategy and legislation

Council must seek public submissions on the proposed lease under Section 190 of the Local Government Act 1989.  Submissions will be invited for a period no less than 28 days and referred onto an elected Committee of Council for consideration.  The appointed Committee will consider and report all findings to Council for its final recommendation at their next available meeting. 

link to strategic risks

Strategic Risk Contractor Management - Failure to manage contractors to deliver agreed outcomes

The proposed lease to CityWide Service Solutions will ensure that suitable staff accommodation and material stock-piling facilities are provided under the Parks & Open Space maintenance contract CT 2016-201B. The provision of facilities ensures efficiencies of services carried out and ensure Council officers retain a direct and accessible relationship with its appointed contractors.

 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Sustainable environment

Whittlesea 2040 Key Direction     Valued natural landscapes and biodiversity

Strategic Objective                        We support our community to be environmentally aware and active

Council Priority                             Environmental 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

To commence the statutory processes required under the Local Government Act to lease part of Council’s Epping depot located at 68-96 Houston Street and 51-59 Duffy Street, Epping, to CityWide Service Solutions, for the purposes of providing staff accommodation and material stock-piling services under the Parks & Open Space maintenance contract CT 2016-201B.

 

RECOMMENDATION

THAT Council resolve to:

1.       Invite public submissions in accordance with Section 190 and 223 of the Local Government Act 1989, on its intentions to lease part of Council’s Epping depot located at 68-96 Houston Street and 51-59 Duffy Street, Epping, to CityWide Service Solutions, for the purposes of providing staff accommodation and material stock-piling services under the Parks & Open Space maintenance contract CT 2016-201B.  The lease will be drawn under the following terms and conditions –

a)      The Tenant will be offered a lease for an initial period of six years with options for further terms of three years and one year respectively.

b)      The Tenant will pay a commencement rental of $44,000 (plus GST and outgoings) in accordance with the rates tendered under the Parks & Open Space maintenance contract CT 2016-201B.

c)      The rent will be reviewed annually to CPI (‘All Melbourne index’) at the anniversary date of the lease commencement date (1 April 2019). Council will reserve the right to undertake a market rent review at the expiry of the initial term and each of the further terms.

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

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

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

Council Resolution

Moved:                       Cr Sterjova

Seconded:               Cr Kozmevski

 

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

Carried

 


Ordinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 Tuesday 4 June 2019

 

PDF Creator


Ordinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Tuesday 4 June 2019

 

PDF Creator


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

6.4.4      2019 Procurement Policy Review

Attachments:                        1        Revised Procurement Policy (marked-up)

2        Revised Procurement Policy (clean)   

Responsible Officer:           Director Corporate Services

Author:                                  Team Leader Procurement   

 

RECOMMENDATION SUMMARY

That Council resolve to adopt the revised Procurement Policy.

KEY FACTS AND / OR ISSUES

The Procurement Policy has been reviewed in accordance with legislative requirements to conduct an annual review in each financial year.  Staff and Councillors were consulted for input.  A range of amendments are proposed, including:

·    An additional point in the ‘Principles’ section listing IBAC recommendations as a source that informs the policy

·    A paragraph in the ‘Scope’ section to accommodate the application of any regional procurement policy that may be developed

·    A new section 4.2 addressing Performance Targets and corresponding amendments in the ‘Performance Indicators’ section.

 

Report

Background

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

The Procurement Policy has now been reviewed based on feedback that has been collected since the last review in 2018. All feedback received was carefully considered and amendments have been drafted to ensure the Policy remains relevant, effective and up to date.

Proposal

Detailed below are a range of proposed amendments to the Procurement Policy which have arisen during the review process.  All proposed amendments are clearly identified in the marked-up copy of the Policy (refer to Attachment 1).  A ‘clean’ copy of the policy that is recommended for adoption is provided at Attachment 2.

1.       IBAC Recommendations

The Victorian Independent Broad-based Anti-corruption Commission (IBAC) regularly reports findings of investigations into corruption in public institutions.  IBAC also recently published a Local Government Integrity Frameworks Review detailing a range of recommended good practices.  Such documents are regularly assessed for potential improvements to our policy.

On this occasion no specific changes have been proposed which originate from IBAC recommendations, however the policy ‘Principles’ section now lists IBAC recommendations as a source that informs the policy.

2.       Regional collaboration

City of Whittlesea is a member of the Northern Region group of councils.  There has been a significant increase in collaboration between members of the group which has delivered excellent value for our respective communities.  It is noted, however, that some complexities have arisen due to policy discrepancies between member councils.

To address this the City of Whittlesea proposed the development of a Regional Procurement Policy which would apply to all collaborative procurement activity undertaken within the region. That proposal is supported by all other members of the Northern Region Procurement Excellence Network and development of the framework has commenced.

A paragraph has been added to the ‘Scope’ section of the City of Whittlesea Procurement Policy to accommodate the application of any regional policy that is developed.

3.       Performance targets

In January and February 2019 the City of Whittlesea Executive Leadership Team endorsed performance targets relating to:

·    Percentage savings in the procurement of capital works and recurring services

·    The percentage return on procurement investment

·    Sustainable Procurement spend as a percentage of total procurement spend.

These strategic procurement initiatives have already had a very positive impact in terms of savings achieved and increasing the amount of sustainable procurement spend.  A new section 4.2 (Performance Targets) has been inserted.  Corresponding amendments have also been made in the ‘Performance Indicators’ section which immediately follows. Note that the actual targets are likely to increase over time so, to avoid unnecessary policy amendments, they have not been detailed in the policy.

All references to the ‘Procurement Development Plan’ have been updated to read ‘Strategic Procurement Plan’ (in which the actual performance targets have been set).

Consultation

The Procurement Policy is publicly available via Council’s website.  Submissions were invited from Councillors and staff involved with procurement activity. All feedback received was carefully considered and amendments have been proposed to ensure the Policy remains relevant, effective and up to date.

Critical Dates

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

Financial Implications

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

Policy strategy and legislation

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

link to strategic risks

Strategic Risk Financial Sustainability - Inability to meet current and future expenditure

The effective management of strategic procurement is evidenced by amendments relating to a regional collaboration policy and the setting of performance targets.  The maximisation of savings and sustainable procurement spend is a key action in the mitigation of financial sustainability risks.

Strategic Risk Fraud and Corruption - Failure to prevent and/or detect fraudulent activity and corruption which may result in serious financial or reputational damage

The effective management of fraud and corruption risks is evidenced by amendments relating to incorporation of IBAC recommendations.  The implementation of such recommendations where practicable will help to ensure Council’s systems and processes are robust.

 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Our Council explores and adopts best practice models

Council Priority                             Organisational Sustainability

 

Declarations of Conflicts of Interest

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

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

Conclusion

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

RECOMMENDATION

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

cOUNCIL RESOLUTion

Moved:                       Cr Alessi

Seconded:               Cr Pavlidis

 

THAT Council resolve to:

1.    Adopt the revised Procurement Policy appended at Attachment 2; and

2.    Receive the Regional Procurement Policy for approval when developed.

 

CARRIED

 


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 


Ordinary Council Minutes                                                                      Tuesday 4 June 2019

 

6.4.5      2018/2019 Council Action Plan - Quarter 3 Update

Attachments:                        1        2018-2019 Council Action Plan Q3 Update   

Responsible Officer:           Director Corporate Services

Author:                                  Corporate Planner   

 

RECOMMENDATION SUMMARY

That Council resolve to note the report.

KEY FACTS AND / OR ISSUES

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

·    A total of 60 quarterly milestones were allocated in Quarter 3

·    Council achieved 93% of the milestones allocated in Quarter 3

·    One outstanding major initiative from the 2017/2018 Council Action Plan continues to be closely monitored.

 

Report

Introduction

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

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

Attachment 1 – 2018/2019 Q3 Council Action Plan Update

Of the 60 reportable milestones allocated to the 46 major initiatives for quarter 3, Council completed 54. This corresponds to a 93% achievement rate.

2018/2019 Quarter 3 Council Action Plan Milestones

Figure 1. Council Action Plan 2018/19 – Q3 result.

There were four milestones that were not achieved this quarter:

Table 1. Council Action Plan 2018/19 – Q3 milestones not achieved.

Major Initiative

Annual Measure

Q3 Milestone

Comment

Complete an Aboriginal Gathering Place Feasibility Study as part of the ‘Reconciliation Action Plan’

Aboriginal Gathering Place Business Case complete by June 2019.

Draft Business Case complete Feb 2019

A Governance Group made up of representatives from the Aboriginal community has been established. This group is guiding the vision, the types of services and spaces required and the governance and operating models that will inform the Draft Business Case. The necessity for authentic community engagement has required a slower approach than anticipated. The Draft Business Case is now scheduled for completion by June 2019.

Promote a guide for accessible public toilets across the municipality and develop a priority process to make Council's public buildings more accessible as part of the ‘Disability Action Plan’

Public Toilet Guide developed in consultation with key stakeholders and reference to good practice models, inclusive of "changing places" toilets by 30 June 2019

Consult with key stakeholders by March 2019

Research is underway and background document is in draft, consultation continuing.

Enable job growth through good land use planning across the Shenstone / Vearings Road / Cooper Street West precincts

Undertake Strategic Planning projects to facilitate the delivery of employment land.

Recommend Council submission to amendment for Shenstone Park PSP

The Victorian Planning Authority