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Minutes

 

OF Ordinary
COUNCIL MEETING

HELD ON

Tuesday 6 August 2019

AT 6.30pm

In Council Chamber, 25 Ferres Boulevard, South Morang


UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 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


UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 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

 


UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

 

ORDER OF BUSINESS

 

The Chief Executive Officer submitted the following business:

 

1.            Opening.. 9

1.1         MEETING OPENING AND PRAYER.. 9

1.2         ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT. 9

1.3         MAYORAL STATEMENT of apology.. 9

1.4         Present.. 11

2.            Apologies.. 11

3.            Declarations of Interest. 11

4.            Confirmation of Minutes of Previous Meeting.. 13

5.            Questions, Petitions and Joint Letters.. 15

5.1         Questions To Councillors.. 15

5.1.1       COUNCIL MEETING PUBLIC QUESTION TIME.. 15

5.2         Petitions.. 15

5.2.1       Petition – Interruption to Power Supply, Lalor Shopping Centre.. 15

5.3         Joint Letters.. 15

Nil Reports.. 15

6.            Officers’ Reports.. 17

6.1         Partnerships, Planning & Engagement. 19

6.1.1       M80 Metropolitan Ring Road, Thomastown - Removal of Native and Non-Native Vegetation, Buildings and Works associated with a Shared Path and Road Works.. 19

6.1.2       1415 Plenty Road, Mernda - use and development of an office, restricted recreation facility, shop and veterinary centre, buildings and works, and demolition within a Heritage Overlay, removal of native vegetation and alteration of access to a road in a Road Zone – Category 1. 51

6.1.3       Planning Scheme Amendment C233 - Open Space Anomalies - exhibition outcomes and adoption.. 75

6.1.4       Wollert Landfill - 45 Bridge Inn Road, Wollert - Compliance with Planning Permit Audit. 89

6.1.5       REVIEW OF COUNCIL DELEGATION TO STAFF. 103

6.1.6       Assemblies of Council - 6 August 2019. 235

6.1.7       COUNCIL MEETING SCHEDULE FOR 2020. 239

6.2         Community Services.. 243

6.2.1       Mernda Aquatic & Indoors Sports Centre 50m Pool Costings.. 243

6.2.2       Leisure Policies Update.. 255

6.3         City Transport and Presentation.. 283

6.3.1       Petition: Request to Install Raised Pavements on   Montville Street, Doreen.. 283

6.3.2       Renewable Power Purchasing Agreement. 291

6.3.3       Food Waste Recycling Trial. 295

6.4         Corporate Services.. 303

6.4.1       Contract Finalisation Report - Presented Quarter 1, FY 2020. 303

6.4.2       Part of Thomastown Primary School - Road Discontinuance.. 307

6.4.3       Lease - Department of Treasury & Finance - Epping Police Station - 785 High Street Epping.. 315

6.4.4       Epping Cemetery Trust - Freedom of Information Requests and abstract of accounts.. 323

6.4.5       Edgars Creek Community Centre - Deed of Agreement with Lendlease.. 343

6.5         Executive Services.. 377

6.5.1       MEETINGS OF THE CHIEF EXECTIVE OFFICER 20 JUNE - 24 JULY 2019  377

7.            Notices of Motion.. 381

7.1           Notice of Motion No 867 - Live Streaming of Council Meetings.. 381

7.2           Notice of Motion 873 - Membership of Municipal Association of Victoria and Victorian Local Governance Association   385

7.3           Notice of Motion No 874 - Public Question Time.. 387

7.4           Notice of Motion No 875 - Youth Advisory Committee.. 389

7.5           Notice of Motion No 876 - Supporting Local Businesses to Reduce Single Use Plastics Use.. 391

8.            Questions to Officers.. 395

9.            Urgent Business.. 397

9.1           Urgent Business Item 6.4.4 Epping Cemetery Trust - Freedom of Information requests and Abstract of Accounts.. 397

10.         Reports from Delegates Appointed to Council by Other Bodies. 399

11.         Confidential Business. 399

11.1       Partnerships, Planning & Engagement. 399

Nil Reports.. 399

11.2       Community Services.. 399

Nil Reports.. 399

11.3       City Transport and Presentation.. 399

11.3.1    Recycled Waste Processing Options.. 399

11.4       Corporate Services.. 399

Nil Reports.. 399

11.5       Executive Services.. 399

Nil Reports.. 399

11.6       Notices of Motion.. 399

Nil Reports.. 399

12.         Closure.. 400

 

 

Note:

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

 

 

 


UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

1.         Opening

1.1       MEETING OPENING AND PRAYER

The Chief Executive Officer opened the meeting with a prayer at 6:30PM.

1.2       ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT

The Mayor, Cr Cox read the following statement:

“On behalf of the City of Whittlesea I recognised the rich Aboriginal heritage of this country and acknowledged the Wurundjeri Willum Clan as the Traditional Owners of this place.

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

1.3       MAYORAL STATEMENT of apology

The Mayor, Cr Cox read the following statement:

“In December 2018 I responded, as the Mayor, to some public comments made by several Councillors.

My response was to go on local ABC and publish a note to staff in my capacity as spokesperson for the City of Whittlesea.

I took full responsibility and do not shy away that they were accurate.

As a result, some Councillors complained that they had been offended.

A Code of Conduct arbiter acknowledged all the events and concluded that I was too pointed in what was said in my capacity as Mayor.

As such I was directed to make a public apology which I now do for any offence caused to those individuals.

In the past, recommendations from arbiters have been changed or overturned by Council.

I choose deliberately not to take that course and again stand up and take full responsibility for my actions and the resulting apology.

I want our Council to show leadership, integrity and credibility.

We have raised the bar in showing that we need to be individually and collectively responsible for our actions to the people we represent.”


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 Ricky Kirkham                Councillor (North Ward)

Cr Emilia Lisa Sterjova        Councillor (North Ward)

Cr Sam Alessi                      Councillor (South East Ward)

Cr Alahna Desiato               Councillor (South East Ward)

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

The Mayor, Cr Cox noted that a leave of absence has already been granted to Cr Lalios for the period 2 July to 23 August 2019 inclusive.

 

Apology

Cr Monteleone moved an apology for Cr Kelly for this meeting.

Council Resolution

Moved:                       Cr Monteleone

Seconded:               Cr  Desiato

 

THAT the Councillor's apology be received.

Carried

 

3.         Declarations of Interest

NIL


4.         Confirmation of Minutes of Previous Meeting

Council Resolution

Moved:                       Cr Joseph

Seconded:               Cr Kozmevski

 

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

Ordinary Meeting of Council held 2 July 2019

Carried

 

 

 


UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

5.         Questions, Petitions and Joint Letters

5.1       Questions To Councillors

5.1.1    COUNCIL MEETING PUBLIC QUESTION TIME

Ross Lee:

As a matter of Council transparency and accountability, why can’t residents address Council and ask a question verbally face to face?

Can Council urgently amend meeting procedure accordingly?

The Mayor, Cr Cox:

“Thank you for your questions.

There is a Notice of Motion in tonight’s agenda which asks Council Officers to prepare a report on the topic of verbal questions to be considered at the 1 October 2019 meeting.

Council will consider this motion (item 7.3 in the agenda) and vote on it later in the meeting.

I note that when Council conducted a review of the Procedural Matter Local Law in  2018 it considered the conduct of Public Question Time.”

 

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 official position on the matter.

 

5.2       Petitions

5.2.1    Petition – Interruption to Power Supply, Lalor Shopping Centre

Cr Pavlidis tabled a petition from 22 traders in Lalor Shopping Centre requesting Council to reschedule the date of a planned power supply outage on 8 October 2019 to another date.

Council Resolution

Moved:                       Cr Pavlidis

Seconded:               Cr Kozmevski

THAT Council resolve to receive and note the petition from 22 traders in Lalor Shopping Centre requesting Council to reschedule the date of a planned power supply outage on 8 October 2019 to another date.

Carried

 

5.3       Joint Letters

            Nil Reports 


UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

6.         Officers’ Reports

Recommendation

THAT Council resolve to adopt the Recommendations for item numbers 6.1.1, 6.1.2, 6.1.3, 6.1.4, 6.1.5, 6.1.7, 6.2.2, 6.3.2, 6.4.1, 6.4.2, 6.4.3, 6.4.4, 6.4.5 and 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.

 

 

 


UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

6.1       Partnerships, Planning & Engagement

6.1.1      M80 Metropolitan Ring Road, Thomastown - Removal of Native and Non-Native Vegetation, Buildings and Works associated with a Shared Path and Road Works

Attachments:                        1        Locality Map

2        Vegetation Removal Plan   

Responsible Officer:           Manager Building & Planning

Author:                                  Principal Planner   

 

APPLICANT:                                  Major Roads Project Victoria

COUNCIL POLICY:              22.10     River Redgum Protection Policy

 

ZONING:                               Road Zone, Category 1 (RDZ1)

                                               Public Park and Recreation Zone (PPRZ)

Industrial 1 Zone (IN1Z)

OVERLAY:                            Environmental Significance Overlay (ESO3)

Land Subject to Inundation Overlay (LSIO)

Special Building Overlay (SBO)

Development Contributions Plan Overlay (DCPO3)

Design and Development Overlay (DDO2)

 

REFERRAL:                          Melbourne Water

                                                AusNet Transmission Group

OBJECTIONS:                      Not applicable

RECOMMENDATION SUMMARY

That Council resolve to approve Planning Application No. 718277 for the removal of native and non-native vegetation, and buildings and works associated with a shared path and road works within the M80 Metropolitan Ring Road.

 

KEY FACTS AND / OR ISSUES

·    The application seeks to construct works associated with the upgrade of the M80 Metropolitan Ring Road, including a shared path and roadworks within the existing road reserve.

·    The application also involves the removal of three remnant river red gums, 21 Australian native trees, 66 indigenous (Victorian Native) trees and eight exotic trees to facilitate the proposed works.

·    The proposed works and vegetation removal are part of a $2.25 billion project jointly funded by the Commonwealth and Victorian governments to improve safety for drivers and local communities by adding lanes between some interchanges to reduce merging movements by traffic entering and exiting the freeway.

·    The proposal demonstrates a satisfactory level of compliance with the relevant planning controls and is therefore considered appropriate for approval subject to conditions.

 

 

Report

SITE AND SURROUNDING AREA

The project area for the Sydney Road to Edgars Road section of the M80 upgrade project crosses four local government areas (Hume, Moreland, Darebin and Whittlesea) that intersect at the M80 bridge across Merri Creek.  The majority of the project area, extending from Merri Creek in the west to Edgars Road in the east and including the Hume Freeway interchange, is located within the City of Whittlesea (see Attachment 1).

The Merri Creek forms the western boundary of the Whittlesea municipality and the eastern half of the Merri Creek M80 bridge is located in the City of Whittlesea. The project area also crosses Central Creek, which is located at the Hume Freeway / M80 interchange.  The Industrial Avenue overbridge and the Blaxland Avenue bike/pedestrian bridge both cross the project area.

The Metropolitan Ring Road Trail runs along the southern side of the M80 between Merri Creek and the Blaxland Avenue bike/pedestrian bridge, where it crosses over to the northern side before continuing east towards Edgars Road. With the exception of a small section of trail south of the Hume Freeway / M80 interchange, the Metropolitan Ring Road Trail between Merri Creek and Edgars Road is contained entirely within the project area. The Galada-Tamboore Pathway is also located in the project area and runs along the northern side of the M80 west of the Blaxland Avenue bike/pedestrian bridge to the Hume Freeway interchange, and then along the eastern side of the Hume Freeway.

High voltage electricity transmission lines (220 kV or more) extend along the southern side of the M80 along this section of the project area. From Merri Creek in the west through to Wentworth Court in the east, these high voltage electricity transmission lines are located within 60m of the proposed roadworks.

BACKGROUND

The M80 carries up to 165,000 vehicles per day, including more than 26,000 trucks. The freeway exceeds its capacity in peak periods, causing traffic disruption and delays along the entire route. There were 13 fatal accidents and 715 casualty crashes along the M80 in the five years between 2006 and 2010.  Between 2010 and 2016, a combined total of four fatal incidents and a combined median crash rate of 34 crashes per 100 million vehicle kilometres occurred along the Sydney Road to Edgars Road and Plenty Road to Greensborough Highway sections of the M80. These crashes mainly occur at freeway merge points where the number of traffic lanes increases or decreases.

The M80 upgrade is a $2.25 billion project jointly funded by the Commonwealth and Victorian governments. The M80 upgrade project involves a suite of upgrade works packages to improve the 38km section of the M80 between the Princes Freeway (Laverton North) and the Greensborough Highway (Greensborough).

The M80 upgrade project will improve safety for drivers and local communities by adding lanes between some interchanges to reduce merging movements by traffic entering and exiting the freeway.


 

PROPOSAL

Roadworks

 

Proposed roadworks along the Sydney Road to Edgars Road section of the M80 upgrade consist of:

·        Adding more lanes and installing electronic systems to manage traffic flow;

·        Extending the Sydney Road Altona-bound exit ramp;

·        Upgrading noise walls on both sides of the freeway in certain locations;

·        Building a new separate Altona-bound entry ramp from Edgars Road;

·        Building a new exit ramp to Edgars Road, Greensborough-bound;

·        Reconstructing the Blaxland Avenue bike/pedestrian bridge over the freeway;

·        New connections between Sydney Road and Edgars Road;

·        Roadworks in the vicinity of the Merri Creek bridge consist of the installation of additional bridge; piles and extension of abutments to widen the bridge by 2.4 m either side, the development of retaining walls and installation of rock beaching;

·        An existing culvert along Central Creek that passes under the Westbound Entry from the Hume Freeway will be extended as part of the project, and a twin pipe culvert will be installed on a tributary to Central Creek under the new Ramp H;  and

·        The project may require temporary detours to the Metropolitan Ring Road Trail during construction. Some sections of the Metropolitan Ring Road Trail within the City of Whittlesea, both on the southern and northern sides of the M80 will require minor realignment as part of the project to accommodate the road widening and reconstruction of the Blaxland Avenue bike / pedestrian bridge. No realignment of the Galada-Tamboore Pathway is required for the project other than minor modifications to connect into the reconstructed Blaxland Avenue bike / pedestrian bridge.

Vegetation Removal

To provide flexibility to design and construct the proposed upgrade works, the applicant is seeking to obtain planning approval for the removal of all vegetation within the M80 road reserve within the project area (see Attachment 2).

Although flexibility is sought, the applicant proposes to ensure the extent of native vegetation removed for the project is minimised where possible.

The proposal includes the removal of three remnant scattered River Red Gum trees located on the southern side of the Hume Freeway interchange.  Additionally, the proposal will require the removal of 21 native (Australian Native) trees, 66 indigenous (Victorian Native) trees and eight exotic trees within the Environmental Significance Overlay.

The River Red Gums proposed for removal are summarised as follows:

ID Tree Species Height

Tree No.

Species

Height (metres)

DBH (cm)

Health/Structure

2038

River Red Gum

Eucalyptus camaldulensis

20m

146cm

Good / Fair

2090**

River Red Gum

Eucalyptus camaldulensis

16m

61cm

Good / Good

2100

River Red Gum

Eucalyptus camaldulensis

18m

85cm

Good / Good

 

** The applicant has prepared a Construction Tree Impact Assessment which identifies that despite substantial encroachment (43%) into the Tree Protection Zone (TPZ) and Structural Root Zone (SRZ) of Tree 2090, this tree may be retained subject to adequate tree protection measures being implemented in accordance with AS4970:2009 Protection of Trees on Development Sites.  Due to the substantial encroachment this tree is considered ‘lost’ and will be subject to offset requirements.

 

The following table is a summary of the planted vegetation proposed for removal within the Environmental Significance Overlay:

 

Public Notification

Pursuant to Clause 44.04-6 of the Whittlesea Planning Scheme, an application under the Land Subject to Inundation Overlay (LSIO) is exempt from the notice requirements of Section 52(1)(a)(b) and (d) of the Planning and Environment Act 1987.

Pursuant to Clause 44.05-5 of the Whittlesea Planning Scheme, an application under the Special Building Overlay (SBO) is exempt from the notice requirements of Section 52(1)(a)(b) and (d) of the Planning and Environment Act 1987.

No specific notice requirements are specified for permit applications under Clause 42.01 (Environmental Significance Overlay) of the Whittlesea Planning Scheme. However, it is noted that the decision guidelines at Section 4.0 of Schedule 3 to the ESO indicate that the views of the Merri Creek Management Committee, Melbourne Water and Aboriginal Affairs Victoria Heritage Services Branch may be sought in relation to an application.

The applicant sought the views of the Merri Creek Management Committee as part of the application. Additionally, a Cultural Heritage Management Plan (CHMP No. 11215) has been prepared in respect of the project area in the City of Whittlesea and has been approved by the Registered Aboriginal Party (Wurundjeri Tribe Land & Compensation Cultural Heritage Council).  The application was referred to Melbourne Water who have no objection to the proposal subject to conditions being included on any permit that is issued.

The project does not trigger any notice provisions in Clause 66.05 (Notice of permit applications under State standard provisions) or Clause 66.06 (Notice of permit applications under local provisions).

REFERRALS

Pursuant to Clause 66.02-4 an application to construct a building or construct or carry out works on land within 60m of a major electricity transmission line (220 Kilovolts or more) or an electricity transmission easement must be referred to AusNet Transmission Services.  AusNet Transmission Services had no objection to the proposal subject to conditions being included on any permit issued. 

Pursuant to Clauses 66.03 and 44.04-7 an application under the Land Subject to Inundation Overlay must be referred to Melbourne Water Corporation.  Melbourne Water Corporation had no objection to the proposal subject to conditions being included on any permit issued.

Pursuant to Clauses 66.03 and 44.05-6 an application under the Special Building Overlay must be referred to Melbourne Water Corporation.  Melbourne Water Corporation had no objection to the proposal subject to conditions being included on any permit issued.

 

 Planning Policy Framework

Clause 22.10 of the Local Planning Policy Framework (LPPF) (River Red Gum Protection Policy) seeks to ‘ensure that the development of urban and rural areas takes into account the presence, retention, enhancement and long-term viability of River Red Gums in urban areas.’

The policy requires that the intrinsic value of River Red Gums be recognised in establishing character and identity and that urban development be designed to take into account the presence, retention and long-term viability of River Red Gums.

The proposal is considered to support a range of policy objectives and strategies under the

Planning Policy Framework (PPF) and LPPF relating to:

·    The provision of a comprehensive, efficient and safe transport system;

·    The efficient use of existing infrastructure;

·    The management and minimisation of adverse effects on communities and the environment associated with transportation infrastructure development

·    The integration and maintenance of connectivity for pedestrian and cyclists in the transportation network.

 

The proposed works will facilitate more efficient and safe traffic movements along the M80 and is intended to reduce delays caused by congestion and reduce or eliminate the potential for unsafe weaving manoeuvres.

Particular consideration has been given to Clause 22.10 (River Red Gum Protection Policy) of the planning scheme.  This policy applies to River Red Gum trees throughout the City of Whittlesea and seeks to ensure that the development of existing and future urban and rural areas takes into account the presence of and plans for the retention, enhancement and long-term viability of River Red Gum trees.

Up to nine planted River Red Gums within the ESO3 along Merri Creek are likely to require removal for the project along with three remnant River Red Gums located along the southern side of the Hume Freeway / M80 interchange.  While the project involves upgrades to existing road infrastructure rather than expansion of urban development into existing rural areas, the intrinsic value of River Red Gums in the landscape is recognised by the applicant who has undertaken to include in contract specifications to limit the removal of River Red Gums (and other planted native vegetation) to the minimum extent necessary to safely and efficiently construct the works.

To achieve this, and in accordance with the recommendations of the submitted Arboricultural Assessment, a construction tree impact assessment will be completed in accordance with AS4970-2009 Protection of Trees on Development Sites, once the design is finalised.  The construction tree impact assessment will discuss the measures and recommendations to ensure the protection of retained trees within and adjacent to the project, including developing a Tree Protection Management Plan (TPMP) in accordance with AS4970-2009 Protection of Trees on Development Sites. The TPMP will then be incorporated into the construction environmental management plan (CEMP).

In addition, landscaping plans to be implemented following construction of the project will incorporate local indigenous species, including River Red Gums, and will as a minimum, replace any River Red Gums removed for the project.  Appropriate conditions should be included on any permit that issues.

Given the scale of the M80 upgrade project, the overall impacts of the project on biodiversity and landscape values is relatively low, and largely unavoidable given that the project involves upgrading of existing infrastructure within a relatively narrow corridor, providing minimal opportunities to avoid impacts.


 

PLANNING ASSESSMENT

Road Zone, Category 1 / Industrial 1 Zone / Public Park and Recreation Zone

The majority of the works are proposed within the Road Zone, Category 1, however small parts of the project area are located within the Public Park and Recreation Zone (along Merri Creek) and Industrial 1 Zone (near Industrial Avenue overbridge and at the end of Wentworth Court). 

Pursuant to Clause 62.01 (Uses not requiring a permit) of the Whittlesea Planning Scheme, no planning permit is required for the use of land for a Road except within the Urban Floodway Zone (UFZ) and a Public Conservation and Resource Zone (PCRZ). The proposed works will not occur on any land in the UFZ or PCRZ and therefore no planning permit is required for the use of land.

Pursuant to Clause 62.02-2 (Buildings and works not requiring a permit unless specifically required by the planning scheme), no planning permit is required to undertake roadworks except within the PCRZ or if specifically required by the planning scheme. The project will not

occur on any land in the PCRZ and therefore no planning permit is required for buildings and

works unless specifically required by an applicable overlay.

Clause 42.01 - Environmental Significance Overlay (ESO3)

The ESO3 applies to land within the project area along Merri Creek.  Clause 42.01-2 (Permit requirement) of the ESO does not specifically require a permit for roadworks, and therefore no planning permit is required for the proposed roadworks.

Pursuant to Clause 42.01-2 (Permit requirement) of the ESO, a permit is required to remove, destroy or lop any vegetation, including dead vegetation unless specifically identified as exempt under a schedule to this overlay, the table to Clause 42.01-3 (Table of exemptions) or to the removal of native vegetation in accordance with a native vegetation precinct plan specified in the schedule to Clause 52.16 (Native vegetation precinct plan). No relevant exemptions apply to vegetation removal for the project under Section 3.0 of Schedule 3 to the ESO.  A total of 95 trees, including 21 native (Australian Native) trees, 66 indigenous (Victorian Native) trees and eight exotic trees located within the ESO3 are proposed for removal.  Accordingly, a planning permit is required to remove, destroy or lop any vegetation, including planted native and non-native vegetation within this area. 

Clause 44.04 - Land Subject to Inundation Overlay (LSIO)

The LSIO applies to land within the project area at two locations: along Merri Creek and along Central Creek within the Hume Freeway interchange.  Roadworks proposed within the LSIO along Merri Creek include:

 

·        Installation of two additional piles (one upstream and one downstream of the existing

·        bridge) and extension of the eastern abutment to support the widening of the M80 bridge by 2.4m on either side.

·        Reinstatement of wing walls and installation of rock beaching to match existing abutment.

·        Installation of retaining walls, backfill and minor batters along the northern and southern side of the M80 eastern approach to the Merri Creek bridge to support the road widening.

·        Temporary construction activities and removal of vegetation to facilitate these works.

 

Works within the LSIO associated with Central Creek and its tributary include:

 

·        Development of retaining walls, gabion walls and batters to support widening of the M80, existing Hume Freeway access ramps and construction of new access Ramp H and Ramp J including overbridges.

·        Extension of abutments and rock beaching to support widening of the M80 bridge over the Westbound Entry Ramp from the Hume Freeway.

·        Extension of an existing culvert along Central Creek under the Westbound Entry Ramp from the Hume Freeway and construction of new wing walls to accommodate widening for the new Ramp H.

·        Construction of twin pipe culverts along a tributary of Central Creek under the new Ramp H.

·        Installation of noise barriers and safety barriers.

·        Realignment of the Metropolitan Ring Road Trail along the southern side of the Hume Freeway / M80 interchange.

Pursuant to Clause 44.04-2 (Buildings and works), a planning permit is required to construct roadworks if the water flow path is redirected or obstructed, and to construct bicycle pathways and trails within the LSIO. The project will involve bridge and culvert works within the Merri Creek and Central Creek LSIOs that may interfere with the water flow path to a minor extent.

The project will involve realignment of the Metropolitan Ring Road Trail along the southern side of the Hume Freeway interchange within the Central Creek LSIO. As such, a planning permit is required for roadworks, and a bicycle pathway or trail within the LSIO.  There is no requirement for a planning permit for vegetation removal within the LSIO.

Clause 44.05 - Special Building Overlay (SBO)

Pursuant to Clause 44.05-2 (Buildings and Works), a planning permit is required for roadworks within the SBO, if the water flow path is redirected or obstructed. Roadworks within the SBO associated with a tributary to Central Creek will generally be associated with:

 

·        Construction of the new Ramp J bridge over the Hume Freeway eastbound off-ramp to the M80, including installation of two piles within the SBO.

·        Widening of the Hume Freeway eastbound off-ramp to facilitate a new lane to Edgars Road.

The proposed roadworks (e.g. construction of new Ramp J) may interfere with the water flow path. As such, a planning permit is specifically required for roadworks within the SBO.  There is no requirement for a planning permit for vegetation removal within the SBO.  The proposal involves upgrading of existing established road infrastructure, which precludes the re-siting of the upgrades outside the floodplain. However, potential adverse effects on floodplain conveyance and storage capacity have been minimised through design and consultation with Melbourne Water.

Clause 45.06 - Development Contributions Plan Overlay (DCPO3)

The DCPO3 applies to the majority of the project area within the City of Whittlesea except land along Merri Creek and the northern part of the Hume Freeway interchange. Sub-clause 4.0 of Schedule 3 to the DCPO states that all development with the exception of multi-unit residential, retail, industrial and business/commercial buildings is excluded from the DCP.  As such, no development contributions are required under the DCPO3.

Clause 43.02 - Design and Development Overlay (DDO2)

The DDO2 applies to land within the project area surrounding the Hume Freeway, north of the M80.  Clause 43.02-2 (Buildings and works) of the DDO does not specifically require a permit for roadworks.

 

Particular Provisions

Clause 52.17 - Native vegetation

Clause 52.17-1 (Permit requirement) states that a permit is required to remove, destroy or lop native vegetation, including dead native vegetation, unless specifically identified as exempt under Clause 52.17-7 (Table of exemptions) or a schedule to this clause, or the native vegetation removal is in accordance with a native vegetation precinct plan listed in the schedule to Clause 52.16 (Native vegetation precinct plan).

The application will involve the removal of three remnant scattered River Red Gum trees located along the southern side of the Hume Freeway / M80 interchange.  These three trees are identified as Tree 2100, 2090 and 2038.

The remaining native vegetation along this section of the M80, which will be removed for the project, comprises planted native vegetation which is exempt from permit requirements pursuant to Clause 52.17-7 of the Whittlesea Planning Scheme.

The planted native vegetation along this section of the M80 was established as landscaping following the original development of the M80 freeway. Although VicRoads used native species in landscaping as a sustainable approach recognising local biodiversity values in the area, native vegetation plantings were established for the purpose of screening the freeway and improving local aesthetics, rather than being undertaken for conservation purposes.

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 upgrade works is part of a broader $2.25 billion project jointly funded by the Commonwealth and Victorian governments that extends 38km between the Princes Freeway (Laverton North) and the Greensborough Highway (Greensborough) to improve safety for drivers and local communities by adding lanes between some interchanges to reduce merging movements by traffic entering and exiting the freeway.

It is considered that the proposal is in accordance with the relevant provisions of the Whittlesea Planning Scheme and demonstrates a satisfactory level of compliance, including provisions relating to native vegetation removal.  Accordingly, it is recommended that the application be approved subject to conditions. 

 

Recommendation

THAT Council resolve to approve Planning Application No. 718277 for removal of native and non-native vegetation, buildings and works associated with a shared path and road works in accordance with the endorsed plans and subject to the following conditions:

CONDITIONS TO BE MET PRIOR TO THE COMMENCEMENT OF WORKS

 

1.       Before the development hereby permitted starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority.  When approved, the plans will be endorsed and will then form part of this permit.  The plans must be modified to show:

 

a.      Any modifications required by Melbourne Water’s Condition Nos. 21-41.

 

2.       Prior to the commencement of works, (including and demolition, excavations, tree removal, delivery of building / construction materials and / or temporary buildings), a Construction Management Plan must be submitted to and endorsed by the Responsible Authority. No works are permitted to occur until the Plan has been endorsed by the Responsible Authority. Once endorsed, the Construction Management Plan will form part of the permit and must be implemented to the satisfaction of the Responsible Authority.

 

      The plan must:

 

a.       Be in accordance with the Responsible Authority’s Construction Management Plan template and include a detailed Site Management Plan.

b.      Address occupational health and safety, traffic management, environmental controls and cultural heritage and/or dry stone wall protection measures to the satisfaction of the Responsible Authority.

c.       Be submitted to the Responsible Authority a minimum of seven days before a required pre-commencement meeting (attended by authorised representatives of the construction contractor and project superintendent as appointed by the developer) on the site of the works.

d.      Include the proposed route for construction vehicle access to the site including a program for the upgrade and maintenance works required along this route while works are in progress.

e.       Address the location of parking areas for construction and sub-contractors’ vehicles on and surrounding the site, to ensure that vehicles associated with construction activity cause minimum disruption to surrounding properties.

f.       Include measures to reduce the impact of noise, dust and other emissions created during the construction process.

g.      Demonstrate all environmental and cultural heritage and/or dry stone wall protection measures identified on a drawing(s) drawn to scale.

h.      Measures to ensure that no mud, dirt, sand, soil, clay or stones are washed into or allowed to enter the storm water drainage system.

i.        Include means by which foreign material will be restricted from being deposited on public roads by vehicles associated with the building and works on the land to the satisfaction of the Responsible Authority.

j.        Address any recommendations of any approved Cultural Heritage, Dry Stone Wall and Conservation Management Plans applying to the land.

k.       Identify the location and method of any Tree Protection Zones inclusive of trees within nature strips adjacent to the site boundaries in accordance with Appendix 2 of Council’s ‘Street Tree Management Plan’.

l.        Ensure that all contractors working on the site must be inducted into an environmental management program for construction works.

 

          All works must be carried out generally in accordance with the measures set out in the Construction Management Plan approved by the Responsible Authority. Any changes to the Construction Management Plan must be submitted to and approved by the Responsible Authority prior to implementation unless otherwise agreed to in writing by the Responsible Authority.

 

3.       Before works commence, a Site Environment Management Plan (SEMP), must be submitted to and approved by the responsible authority and where relevant other authorities such as Melbourne Water. When approved, the plan will be endorsed and form part of this planning permit.  The SEMP must be in accordance with Melbourne Water Condition No. 39.

 

          The approved SEMP must be implemented to the satisfaction of the Responsible Authority.

 

4.       Before the development hereby permitted starts (including and demolition, excavations, tree removal, delivery of building / construction materials and / or temporary buildings), a Tree Management Plan must be prepared by a suitably qualified and experienced Arborist in relation to the management and maintenance of trees to be retained and must be submitted to and approved by the Responsible Authority.  The Tree Management Plan must make specific recommendations in accordance with the City of Whittlesea’s local tree protection standards and detail the following to the satisfaction of the Responsible Authority ensuring that the tree remains healthy and viable during construction.

 

A Tree Protection Plan, to scale, is to be submitted along with the Tree Management Plan to show:

 

a.      All tree protection zones and structural root zones.

b.      All tree protection fenced off areas and areas where ground protection systems will be used.

c.      The type of footings within the tree protection zone.

d.      All services to be located within the tree protection zone and a notation to state that all services will either be located outside of the tree protection zone or bored under the tree protection zone.

e.      A notation to refer to the Tree Management Plan for specific detail on what actions are required within the tree protection zone.

f.       Results of exploratory trenching as directed by the Responsible Authority as a condition of this permit or if there is any encroachment (construction or excavation) into the tree protection zone (in accordance with the City of Whittlesea’s local tree protection standards) of any tree to be retained.  This must include photographic evidence of any trenching / excavation undertaken.

g.      Details of appropriate footings within the tree protection zone.

h.      Supervision timetable required by the project Arborist to the satisfaction of the Responsible Authority.

i.       The details of how the root zone within the tree protection zone will be managed throughout the project.

j.       All remedial pruning works that are required to be performed on the tree development of the site.  The pruning comments must reference to the City of Whittlesea’s local tree protection standards and a detailed photographic diagram specifying what pruning will occur.

k.      Fixed signs are to be provided on all visible sides of the Tree Preservation Fencing, stating “Tree Preservation Zone – no entry without permission from the City of Whittlesea”.

l.       The area must be irrigated during the summer months with 1 litre of clean water for every 1cm of trunk girth measured at the soil / trunk interface on a weekly basis.

m.     No persons, vehicles or machinery are to enter the Vegetation Protection Zone except with the consent of the Responsible Authority.

n.      No fuel, oil dumps or chemicals are allowed to be used or stored within the Vegetation Preservation Zone and the servicing and re-fuelling of equipment and vehicles must be carried out away from the root zones.

o.      No storage of material, equipment or temporary services wires, nails, screws or any other fixing device, is to be attached to any tree.

p.      The recommendations contained in the approved Tree Management Plan must be implemented to the satisfaction of the Responsible Authority.

 

5.       Before the development hereby permitted starts (including any demolition, excavations, tree removal, delivery of building/construction materials and / or temporary buildings), the trees marked on the endorsed    plans as being retained must have a Tree Protection Zone (TPZ) defined on a plan to the satisfaction of the Responsible Authority. Unless works have already been shown on endorsed plans within the periphery, the zone for each tree shall be marked to extend to at least 1 metre from the drip line of each tree. If works are shown on the endorsed plan within the periphery, then the tree protection zone must be taken in to only the minimum amount necessary to allow the works to be completed. All tree protection fencing required by this permit must be erected in accordance with the approved TPZ.

 

6.       Before the development hereby permitted starts (including any demolition, excavations, tree removal, delivery of building/construction materials and / or temporary buildings, tree protection zone fencing is to be constructed to the following requirements:

 

a.       Ring lock wire mesh approximately 1.8 metres high.

b.      Main posts 100mm treated pine (TP).

c.       Intermediate posts steel star pickets (SP).

d.      The corner posts are to be TP with TP stays.

e.       Every third post is to be TP.

f.       SP to be placed intermediately between the TP posts at 3 metre intervals.

g.      The ring lock mesh to encircle the structure and be firmly secured at each post.

h.      Posts must be sunk into the ground by 450mm (there is to be no concrete to secure posts as this will affect p.H. levels).

 

7.       Before the development hereby permitted starts (including any demolition, excavations, tree removal, delivery of building/construction materials and/or temporary buildings), the tree protection fencing must be erected to the satisfaction of the Responsible Authority in accordance with the approved tree protection zone(s). The fencing must be erected to form a visual and physical barrier, be a minimum height of 1.5 metres above ground level, and include signage clearly marked Tree Protection Zone – No Entry” on all sides.

 

          The area inside the tree protection zone should, where considered relevant by the consulting arborist, be modified in the following manner to enhance the growing environment of the tree and to help reduce stress or damage to the tree:

 

a.      The area within the protection zone may require mulch with wood chips or compose matter to a depth of 150 millimetres.

b.      Trees may require supplementary watering, with the amount to be assessed by the consulting arborist and determined by the extent of disturbance to the trees roots and climatic conditions.

c.      Where severing of roots (greater than 50 millimetres in diameter) is required directly adjacent to the protection zone they must be cut cleanly.  Where possible this is to be completed at the beginning of the development of the site.  Roots are not to be left exposed, but back-filled or covered with damp hessian.

 

8.      The development, including layout of the site and the size, levels, design and location of buildings and works, as shown on the endorsed plans must not be altered unless with the prior written consent of the Responsible Authority.

 

         If the design is amended, a revised construction tree impact assessment must be prepared in accordance with AS4970-2009 Protection of Trees on Development Sites and submitted to the Responsible Authority for approval to demonstrate that no increase in the total extent of impacts to remnant native vegetation and no increase in the total number of indigenous / native trees removed within the Environmental      Significance Overlay (ESO3) will occur compared to the total extent of impacts to remnant native vegetation and the total number of indigenous / native trees removed within the ESO3 identified based on endorsed plans.

 

TREE REMOVAL CONDITIONS

 

9.       The storing or disposing of chemicals or toxic materials must not be undertaken within 10 metres of any tree protection zone.  Where the slope of the land suggests these materials may drain towards a tree protection zone, the storing or disposing of these materials is strictly forbidden.

 

10.     The following actions must not be undertaken in any tree protection zone as identified on the endorsed plan, to the satisfaction of the Responsible Authority:

 

a.       Storage of materials or equipment.

b.      Attachment of materials to trees (including temporary service wires, nails, screws or any other fixing device).

c.       Open cut trenching or excavation works (whether or not for laying of services).

d.      Changes to the soil grade level (including filling).

e.       Parking of vehicles or machinery.

 

11.     In order to offset the removal of native vegetation (patch, scattered trees or re-vegetation) approved as part of this permit, the applicant must provide a native vegetation offset that is in accordance with the Guidelines for the removal, destruction or lopping of native vegetation (DELWP 2017) and the native vegetation gain scoring manual Version 2 (DELWP 2017).

 

          The offset, unless otherwise agreed to in writing by the Responsible Authority,     must:

 

a.       Contribute a gain of 0.035 General Habitat Units (GHUs);

b.      Be located within the boundary of the Whittlesea municipality or the Port Phillip and Westernport Catchment Management Authority area; and

c.       Have a strategic biodiversity score of at least 0.080 of the native vegetation approved for removal.

 

12.     Before any native vegetation is removed, evidence that an offset has been secured must be provided to the satisfaction of the responsible authority. This offset must meet the offset requirements set out in this permit and be in accordance with the requirements of Permitted clearing of native vegetation Biodiversity assessment guidelines and the Native vegetation gain scoring manual. Offset evidence can be either:

 

a.       A credit register extract from the Native Vegetation Credit Register (Third Party Offset); or

b.      A security arrangement, to the required standard for the offset site or sites; including a 10-year offset management plan to the satisfaction of the Department of Environment and Primary Industries and approved by the responsible authority. Every year, for ten years, after the responsible authority has approved the offset management plan, the applicant must provide notification of the management actions undertaken towards implementing the offset management plan, to the department. An offset site condition statement, including photographs must be included in this notification (First Party Offset).

 

13.     Prior to removal, the subject trees must be inspected by a suitably experienced Wildlife Handler to determine the presence of animals living or nesting in the tree.    Should any native animals be detected, reasonable steps must be taken to capture and relocate such animals as recommended by the Wildlife Handler.

 

CONDITIONS TO BE MET DURING CONSTRUCTION

 

14.    The tree protection zone fencing must not be removed or relocated at any time during construction without the prior written consent of the Responsible Authority.

 

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

 

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

b.      Appearance of any building, works or materials;

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

d.      Presence of vermin.

 

16.    Any litter generated by construction activities on the site shall be collected and stored in an appropriate enclosure, which complies with Council’s Code of Practice for building / development sites.  The enclosures shall be regularly emptied and maintained such that no litter overspills onto adjoining land. 

 

17.    All external lighting must be designed, baffled and located so as to prevent adverse effect on adjoining land, to the satisfaction of the Responsible Authority.

 

18.    All roads / storage areas / external stockpiles must be maintained to avoid dust nuisance to any neighbouring residential land, to the satisfaction of the Responsible Authority.

 

GENERAL CONDITIONS

 

19.    Unless with the prior written consent of the Responsible Authority, before the occupation of the development hereby permitted and / or within 6 months and / or 12 months of the completion of the development, the landscaping works shown on the endorsed plans must be carried out, completed and maintained to the satisfaction of the Responsible Authority.

 

20.    Unless otherwise agreed in writing by the Responsible Authority, the landscaping areas shown on the endorsed plans must be used for landscaping and no other purpose and any landscaping must be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.

MELBOURNE WATER CONDITIONS

 

21.    Prior to the endorsement of plans, the following plans must be submitted to Council and Melbourne Water for approval.  The plans must include structural drawings (including previous drawing 2104 revision D) incorporating levels for the Merri Creek Bridge that addressed the previously provided Melbourne Water hydraulic criteria/requirements as assessed in the Jacobs Hydraulic report (Title: “IS142901-001-NW-TECHMEM-0001-M80 Merri Creek Analysis Memo.pdf”; report dated 07/12/2017).

 

22.    Prior to the commencement of works an Asset Interface Agreement be executed between Melbourne Water and Major Road Projects Victoria for the works.

 

23.    Prior to the commencement of works a Water Sensitive Road Design Report in accordance with Best Practice Guidelines must be submitted to Council and Melbourne Water for approval and when approved must be implemented.

 

24.    Prior to the commencement of works a fully detailed landscaping plan must be submitted to Council and Melbourne Water and Council for approval. The plan must include: all landscape treatment with specification of EVC planting, products such as mulching, erosion control matting, rock beaching, a program of weed control designed to eliminate high threat weeds from the corridor during the initial 13-week establishment phase and subsequent 2 years post establishment to ensure the asset is completed to a high standard should any handover take place to Melbourne Water.

 

25.    Prior to the commencement of works, detailed pre-existing surveys of both topographical and flora features, will be required for all impacted / disturbed areas within the waterway zone including within 20 metres of top of bank.

 

26.    Prior to commencement of works, a Work Method Statement must be submitted to Council and Melbourne Water for approval.

 

27.     Prior to the commencement of any works a Site Environmental Management Plan (SEMP) must be prepared.  The SEMP must be implemented to the satisfaction of Melbourne Water.

 

28.     There must be no excavation into the existing natural waterway outside of the agreed scope of works.

 

29.     Any proposed works must not impact upon bank stability. Any area disturbed during the works will be required to be reinstated by the proponent to the satisfaction of Melbourne Water.

 

30.     A separate application must be made to Melbourne Water for any new or modified storm water connections to Melbourne Water’s drains or watercourses. Prior to accepting an application, evidence must be provided by the applicant demonstrating that Council considers that it is not feasible to connect to the local drainage system.

 

31.     Any new or upgraded piped outlet connection works, especially to Melbourne Water’s Campbellfield Creek Drain, will require a Hydraulic Grade Line assessment in order to demonstrate that the proposed drainage connection will not impact existing drain capacity.

 

32.     Any disturbed areas must be fully reinstated to the satisfaction of Melbourne Water including all landscape treatment, revegetation consistent with local EVC and using erosion control matting, mulching and rock beaching.

 

33.     No polluted and/or sediment laden run-off is to be discharged directly or indirectly into the drains or watercourses.

 

34.     Melbourne Water must be provided with all relevant design details associated with any Shared User Path works for its review.

 

35.     Any proposed path trail realignment earthworks / fill must not impact on pre-existing flood flows, levels, or flood storage, and must satisfy the MW shared user path guidelines. https://www.melbournewater.com.au/Planning-andbuilding/Applications/Documents/Shared-pathways-guidelines.pdf.

 

36.    Any proposed waterway crossing or culvert works on any Melbourne Water asset must comply with Melbourne Water’s standards and guidelines including ‘Constructed Waterway Crossings’ guidelines:

         https://www.melbournewater.com.au/Planningandbuilding/ Applications/Documents/Constructing-waterway-crossings-guidelines.pdf.

 

37.    Any proposed ‘temporary’ construction works at Merri Creek must address the following Melbourne Water hydraulic performance criteria / requirements:

 

a.       Prior to the commencement of works a hydrology and hydraulic assessments for any          temporary works will be required to be submitted to Melbourne Water for approval. It must be demonstrated that there will be no adverse (upstream or downstream) conveyance impacts to pre-existing flood storage, flood levels, and flood velocities. A copy of all relevant project hydrology and hydraulic assessments, modelling files or calculations developed for the analysis/assessment, must be submitted to Melbourne Water including for the following:

 

i.     Pre-existing flood conditions

ii.    ‘Temporary’ construction works including any variation from the pre-existing flood conditions, i.e. the works method steps/staging, site access, haul roads, scaffolding, etc. (Alternatively, a flood management plan will be required).

b.      Flood flow rates and levels, across a range of ARIs up to and including the 1 in 100          year ARI event must be assessed at the Melbourne Water underground drainage (or          waterway) locations.

c.       Projects are to have no adverse (upstream or downstream) impacts to pre-existing          flood levels and extents.

 

38.     Melbourne Water’s “Performance_Criteria_for_Modifications_to_and_Protection _of_MW_ Drainage_Assets_Rev1.6.docx” must be applied to the project as relevant.

 

39.     The new Ramp ‘H’ drainage culverts, as shown in Drawings ‘309’ (‘Rev. D.’; Sheet 9 of 17), are at a minimum to match the existing capacity of the Westbound Entry from ‘M31’ culverts capacity.

 

40.     Regarding drawings ‘2106’ (‘Rev E’) and ‘2104’ (‘Rev D’): Melbourne Water is to be consulted for any relevant Culvert or bridge structural design change or alteration proposed, demonstrating that there will be no impact to flood flows, velocities and storage.

 

41.     The following information will be required by Melbourne Water for the completions / handover process:

 

          Practical completion information:

          i.        ‘Draft’ as constructed ‘red line’ mark-up drawings.

         ii.      Pre and post construction CCTV, along with relevant certification from a structural engineer that the current condition of the existing and/ or new Melbourne Water assets have not been damaged by the project, are to be provided to Melbourne Water. (Post construction CCTV to be no more than 5 working days old, and as per WSAA conduit inspection code, including details of all pipe joints, manhole structures and connections);

         iii.     Final reinstatement surface levels to be confirmed as no higher than pre-existing surface levels.

         iv.     A joint site inspection with a supporting ‘Defects and omissions’ register.

 

          Handover information:

          i.       Construction photographs relevant to all new Melbourne Water assets for construction staging, especially structures and pipe connections;

          ii.      Final as constructed drawings accepted by MW, in accordance with Melbourne Water’s ‘Preparation of Drawing documents’ (CORP AM P006), for any new assets.

          iii.     Final hydraulic modelling files and reports;

          iv.     Design sign-off confirming that the project as constructed details are as per design and final hydraulic modelling and reporting;

          v.      Cost breakdown for all new Melbourne Water assets, modifications to existing Melbourne Water assets and asset decommissioning / abandonment.

 

AUSNET TRANSMISSION GROUP CONDITIONS

 

42.    No buildings, structures, roads, footpaths etc. are permitted on the easement without prior written permission from AusNet Transmission Group Pty Ltd.

 

43.    The use of vehicles and equipment involved in construction work on the easement must not exceed 3 metres operating height without prior written permission from AusNet Transmission Group Pty Ltd.

 

44.    Any lighting poles erected on the easement must not exceed 3 metres in height and must be designed so mas to allow lanterns to be lowered to ground level for servicing.  Higher poles may be permitted subject to available conductor to ground clearances at this site.  Power to lighting poles must be installed underground.

 

45.    Scaffolding is not permitted on the easement.

 

46.    All trees and shrubs planted on the easement must not exceed 3 metres maximum mature growth height.

 

47.    The storage of flammable materials, including that within waste bins, is not permitted on the easement.

 

48.    Natural ground surface levels on the easement must not be altered by the stockpiling of excavated material or by landscaping without prior written approval from AusNet Transmission Group Pty Ltd.

 

49.    All services traversing the easement must be installed underground.

 

50.    The use of construction equipment including cranes that have the ability to extend into the easement are not permitted.

 

51.    All future works within the easement must be submitted to AusNet Transmission Group and approved in writing prior to the commencement of work on site.

 

EXPIRY CONDITION

 

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

 

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

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

 

         The responsible authority may extend the periods referred to above if a request is made in writing.  This request must be made before of within six months after the permit expiry date where the development has not yet started and within 12 months after the permit expiry date where the development allowed by the permit has lawfully started before the permit expires.

 

PERMIT NOTES

 

Melbourne Water Note:

 

Any waterway works in the area may impact on native flora and fauna or trigger requirements. You are advised to contact the relevant Council and the Department of Environment, Land, Water and Planning (DELWP) to determine potential impacts and any legislative requirements. You may be required to obtain approvals under environmental and planning legislation, including but not limited to: the Planning and Environment Act 1987 (Vic); the Flora and Fauna Guarantee Act 1988 (Vic); the Environment Protection and Biodiversity Conservation Act 1999.

 

For general development enquiries contact our Customer Service Centre on 131722.

Council Resolution

Moved:                       Cr Kozmevski

Seconded:               Cr Kirkham

 

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

Carried

 


UNCONFIRMEDOrdinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Tuesday 6 August 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 Tuesday 6 August 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

6.1.2      1415 Plenty Road, Mernda - use and development of an office, restricted recreation facility, shop and veterinary centre, buildings and works, and demolition within a Heritage Overlay, removal of native vegetation and alteration of access to a road in a Road Zone – Category 1 

Attachments:                        1        Locality Maps

2        Development / Demolition Plans

3        Dead River Red Gum   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Principal Planner   

 

APPLICANT:                                  Mernda Holdings Pty. Ltd.

 

COUNCIL POLICY:              22.04     Heritage Conservation Policy

                                               22.10     River Redgum Protection Policy

ZONING:                               Comprehensive Development Zone (CDZ1)

OVERLAY:                            Development Contributions Plan Overlay (DCPO8)

Development Plan Overlay (DPO15)

Incorporated Plan Overlay (IPO1)

Vegetation Protection Overlay (VPO1)

Heritage Overlay (HO66)

REFERRAL:                          VicRoads

OBJECTIONS:                      Not applicable

RECOMMENDATION SUMMARY

That Council resolve to approve the Planning Application No. 717562 for the use and development of an office, restricted recreation facility, shop and veterinary centre, buildings and works and demolition within a Heritage Overlay, removal of native vegetation and alteration of access to a road in a Road Zone – Category 1.

KEY FACTS AND / OR ISSUES

·    The application seeks to remove structures and buildings from the former Mernda Cattle Yard and Market, and construct a two-storey commercial building, to be used for a veterinary centre, offices, restricted recreation facility and shops. 

·    The application also seeks the removal of a dead River Red Gum.

·    The application is exempt from advertising and no objections have been raised by any referral authorities.

·    The proposed use and development demonstrates a satisfactory level of compliance with the relevant planning controls, including the Mernda Town Centre South-Western Precinct Development Plan and the Mernda Strategy Plan, and is therefore considered appropriate for approval subject to conditions.

 

Report

SITE AND SURROUNDING AREA

The subject site is located on the western side of Plenty Road, Mernda approximately 50m south of the intersection with Bridge Inn Road (see Attachment 1). The site is irregular in shape and has an area of 2344m2.   There is no significant vegetation on the site, with the exception of one dead River Red Gum.

The site is the former Morang Cattle Yard and Market, which operated as a community market and meeting place since the late 19th Century.  While much of the heritage fabric has been previously removed, some disused outbuildings, structures and foundations remain on the site.   The market was originally the venue for livestock sales and other fresh produce in the Mernda/Morang area and was a hub for the rural community from the 1870’s until its closure in 2012.  The site is located immediately south of the heritage protected Bridge Inn Hotel and north of Ambulance Victoria (Mernda). 

Large areas of former pastoral and agricultural land within the Mernda area have been designated for urban development under applicable planning controls and strategies, with many parts of the locality already experiencing significant residential growth.

The site is located approximately 500m west of the Mernda Train Station within the Mernda Town Centre.  Further details regarding the Town Centre and the surrounding area are described below in the background to the Mernda Strategy Plan (2008).

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.  There are no easements located on the site.

Proposal

The applicant proposes to construct a two-storey commercial building comprising two shops, a veterinary centre with two practitioners, a restricted recreation facility and office space within the north-east corner of the subject site (see Attachment 2).  A car park comprising 42 car spaces and a loading bay will occupy the balance of the site.

The proposed building will have frontage to Plenty Road. The building is proposed to present to the street as a multi-storey glazed façade, with a high-quality appearance to the streetscape.  Access for customers/patrons and staff will be via the rear car park, which will be accessed via a crossover located at the south-east corner of the site to the service road to Plenty Road which is being constructed under Planning Permit No. 716206.

Various elements of the architectural design have been informed by the former Morang Cattle Markets, including the use of long horizontal and vertical unfinished natural timber batons and corrugated iron elements within the façade to reference the former historic uses on the site.  The overall height of the building will be 8.5m.

To facilitate the proposed development, the applicant will need to remove all buildings and other structures on the site.  This includes those protected under Heritage Overlay, HO66.  The applicant has been in discussions and negotiations with Whittlesea Agricultural Society with regard to the possibility of some of those structures being salvaged, and acquired for re-erection at the Whittlesea Showgrounds.  It is noted that these negotiations are ongoing and the terms and timing are unknown at this stage.  Any relocation of the structures will be subject to Whittlesea Agricultural Society sourcing funding for the works and Council approval for the works at the Showgrounds.

 

A heritage interpretation panel providing information about the Mernda Market and Sale Yards is proposed to be erected at the original market site.  This will provide protection for these important local heritage assets, along with new opportunities for local residents to learn about, engage with and educate the growing community about its rural past.

The application also involves the removal of one dead River Red Gum from the property (see Attachment 3).

Public Notification

An application under any provision of this scheme which is generally in accordance with the development plan and incorporated plan is exempt from the notice requirements of Section 52(1)(a), (b) and (d) of the Planning and Environment Act 1987.  Accordingly, this application did not require public notification.

PLANNING ASSESSMENT

The following Planning Policies, Zoning and Overlay Provisions and Particular Provisions of the Whittlesea Planning Scheme (the Scheme) are considered relevant to this application.

 

Planning Policy Framework

 

The following provisions of the Planning Policy Framework are relevant to this proposal:

 

Clause 11.03-1S Activity Centres seeks to encourage the concentration of major retail, residential, commercial, administrative, entertainment and cultural developments into activity centres that are highly accessible to the community.

 

Clause 15.01-1S Urban Design seeks to create urban environments that are safe, healthy, functional and enjoyable and that contribute to a sense of place and cultural identity.

 

Clause 21.08-1 Urban Design seeks to ‘progressively upgrade the image and appearance of the City of Whittlesea focussing on retention of local environmental features, landscape qualities and urban and landscape design improvements.’

 

Clause 21.08-4 Heritage Conservation seeks to ‘identify, protect and enhance the City’s Aboriginal and European heritage’.

 

Clause 22.04 Heritage Conservation Policy seeks to ‘recognise local heritage and other cultural features when considering development and subdivision proposals in accordance with Council’s guidelines for urban design, infrastructure development, development plans and precinct structure plans’ and to ‘require that heritage places are considered and secured at the earliest stages of the development process’.

 

Clause 22.10 River Red Gum Policy seeks to ensure that the development of urban and rural areas takes into account the presence, retention, enhancement and long term viability of River Red Gums in urban areas.

 

The subject site is located within the Mernda Town Centre which will progressively provide for a vibrant and diverse mixed use precinct including, restricted retail, trade supplies and other commercial and community facilities.  The site’s location between the historic Bridge Inn Hotel and the recently constructed Ambulance Victoria premises provides an appropriate site for the provision of a mixed use development such as that proposed.  The design of the building, while contemporary in nature takes cues from the historic uses of the site and provides an appropriate transition between the double storey Bridge Inn Hotel to the north and single storey ambulance station to the south.

 

The site does not contain any significant vegetation, with much of the site paved as part of the previous uses of the site.  A dead River Red Gum remains on the site and is proposed for removal as part of the application.  Given the health of the tree, it is considered that its removal meets the objective of Clause 22.10 which seeks to ensure development takes into account enhancement and long term viability of River Red Gums.

 

Zone

 

Comprehensive Development Zone - Schedule 1 (Mernda Town Centre Comprehensive Development Plan)

 

The subject site is located within the Comprehensive Development Zone.  The objectives of the Comprehensive Development Zone are as follows:

 

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

·        To provide for a range of uses and the development of land in accordance with a comprehensive development plan incorporated in this scheme.

 

The provisions of this Zone defer to the Schedule matters including requirements for uses; table of uses; the scope for exemption from notice and review provisions; permit required for buildings or works unless specified otherwise in the Schedule.

 

Pursuant to Clause 37.02-1 of the Whittlesea Planning Scheme, Shops, Offices, Veterinary Centres and Restricted Recreation Facility are Section 2 – permit required uses within the Comprehensive Development Zone.

 

Pursuant to Clause 37.02-4 of the Whittlesea Planning Scheme, a permit is required to construct a building or construct or carry out works unless the schedule to this zone specifies otherwise.  Any requirement in the schedule to this zone must be met.

 

Schedule 1 states that a permit is required to construct a building or construct or carry out works for a use in Section 2 of this schedule (other than buildings and works associated with one or more dwellings or residential buildings). The buildings and works must be generally in accordance with the Mernda Town Centre Comprehensive Development Plan (and any further Incorporated Plan and Development Plan required under this scheme).

 

The Mernda Town Centre Comprehensive Development Plan (CDP) designates the site as being in a Retail / Mixed Use Area.

 

The below design themes are provided within the CDP and describe the principles that apply to the proposed development.

 

·        Land Use Integration and Density.

·        Access and Connectivity.

·        Diversity and Adaptability.

·        Local Identity and Legibility.

·        Ecological Responsiveness.

 

The decision guidelines require consideration of the purpose of the schedule, the layout and extent of compliance with the CDP.  These matters have been taken into consideration, and satisfactory compliance with the CDP is achieved.

 


 

Overlays

 

Clause 45.06 - Development Contributions Plan Overlay (DCPO8)

 

The subject site is affected by a Development Contributions Plan Overlay (DCPO8).  The purpose of the Development Contributions Plan Overlay is to identify areas which require the preparation of a development contributions plan for the purpose of levying contributions for the provision of works, services and facilities before development can commence.  A condition should be included on any permit that issues requiring Development Contributions to be paid as part of this development.

 

Clause 43.04 - Development Plan Overlay (DPO15)

 

The subject site is affected by a Development Plan Overlay (DPO15).  The DPO states that a permit should not be granted until a Development Plan is in place (there are exceptions if allowed by the Schedule). The Mernda Town Centre South-West Precinct Development Plan (the DP) was approved on 12 October 2015 and supersedes an earlier Development Plan approved in 2010.

 

The DP designates the site for “Mixed Use – General (Uses including Residential, Mixed Use, Retail, Commercial, Office”) uses.  The proposed use and development of Shops, Offices, a Veterinary Centre and Restricted Recreation Facility are considered to be generally in accordance with the DP. 

 

The remnants of the former Mernda sales yards are of limited heritage value, with the DP conceding that outbuildings and fences will not be retained within future development of the site, however any future development must recognise the former sale yards as a heritage site.  In this regard, the DP seeks to provide interpretive or design references to the Mernda Saleyards to acknowledge the social and economic significance of activities previously held at this heritage place.  Development of this site should acknowledge the heritage and social significance of the site and provide for a development outcome which positively addresses and activates the street.  The design response responds sympathetically to the heritage values on the subject site by incorporating long horizontal and vertical unfinished natural timber elements into the façade design, as well as corrugated iron features.

 

Clause 43.03 - Incorporated Plan Overlay (IPO1)

 

The subject site is affected by the Incorporated Plan Overlay.  The Incorporated Plan Overlay states that any permit issued must be generally in accordance with the Incorporated Plan, unless a schedule to this overlay specifies otherwise.  Schedule 1 to this overlay states the Mernda Strategy Plan (MSP) applies to all the land shown in the Incorporated Plan Overlay Schedule 1 which applies to the subject site.

 

The MSP was approved in 2004 and amended in 2008 and is the primary strategic framework that facilitates development within the Mernda-Doreen growth corridor. The MSP sets out the key objectives and strategic responses to guide development.  A key feature of the MSP is the provision of the Mernda Town Centre (MTC), on the south-east corner of Bridge Inn Road/Plenty Road intersection and the extension of the Epping train line to Mernda.

 

Whilst the MTC area is focussed around the Bridge Inn Road/Plenty Road Intersection, the land to the south and west of this intersection forms a core component of the MTC (Precinct 4 of the MSP).

 

The following key objectives and directions are identified for Precinct 4 in the MSP:

 

·   Designation for retail/mixed uses;

·   Development around the Mernda Town Centre should incorporate key heritage places such as the Bridge Inn Hotel and Mernda Saleyard;

·   Protection of River Red Gums through appropriate subdivision design; and

·   Adoption of ecologically sustainable design.

 

The proposal is considered to be generally in accordance with the Mernda Strategy Plan through providing a mixed use development that includes appropriate interpretation of the heritage values and does not affect any significant red gums.

 

Clause 42.02 - Vegetation Protection Overlay (VPO1)

 

The subject site is affected by the Vegetation Protection Overlay (VPO1).  The Vegetation Protection Overlay states that a permit is required to remove, destroy or lop any vegetation specified in a schedule to this overlay.  Schedule 1 to this overlay that applies to the subject site states that no permit is required to remove, destroy or lop vegetation, which is not native vegetation. Therefore, only vegetation that is native requires a permit for removal.  The application proposes the removal of one dead river red gum (Eucalyptus camaldulensis).  Council’s Parks and Urban Design Department and Sustainability Planning Department have reviewed the application and have no objection to the removal of the dead tree.

 

Clause 43.01 – Heritage Overlay (HO66)

 

The subject site is affected by a Heritage Overlay (HO66).  Pursuant to Clause 43.01-1, a permit is required to demolish or remove a building and to construct a building or construct or carry out works.  The proposal involves removal of all buildings and other structures on the site, and the construction of a two storey commercial building, and associated car parking and landscaping. 

 

The applicant has prepared a conservation management plan for the site which identifies the heritage values and significance of the site, and documents the history of the site including provision of photos and measured drawings of all remaining structures on the site.  At the request of Council officers, the applicant entered into discussions with the Whittlesea Agricultural Society in order to facilitate the relocation and preservation of some of the remaining structures on site to the Whittlesea Showgrounds.  While negotiations continue and the exact terms of the relocation are as yet unknown, it is considered this is an appropriate outcome for the remaining heritage fabric of the site.  Appropriate interpretative signage is proposed to be erected on the site identifying the previous uses and history of the site.

 

The Heritage Assessment and Conservation Management Plan indicate that the use of timber columns and pergola on the eastern and southern elevations appropriately references the original timber animal pens, and that the use of the site for activities associated with animals (veterinary centre) and as a commercial hub is in keeping with the heritage values of the site.

 

Particular Provisions

 

Clause 52.06 – Car Parking

 

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


 

 

Proposed Use

Clause 52.06

Car Parking Rate

Size/No.

No. of Spaces required

No. of Spaces provided

Total Planning Scheme Shortfall

Shop

 

4 to each 100m2 of leasable floor area

 390m2

 15

16

 

6

 

8

 

12

Not applicable

Office

3.5 to each 100m2 of net floor area

153m2

5

Vet

Not specified, car parking must be to the satisfaction of the responsible authority.

Restricted Recreation Facility

Not specified, car parking must be to the satisfaction of the responsible authority.

Total

 

 

20 spaces

42 spaces

Complies

 

Although there is no specified rate for a Veterinary practice or a gym, it is generally accepted to apply rates of 0.3 spaces per patron (Place of Assembly rate) for a gym/restricted recreation facility and medical centre rates for a Vet comprising of 5 spaces for the first practitioner and 3 spaces for each other practitioner.

 

The proposed 8 spaces for the Vet is therefore sufficient for two practitioners and the 12 spaces for the Restricted Recreation Facility is sufficient for the 40 patrons proposed to be in there at any one time.

 

As such, sufficient parking has been provided on site for the proposed uses.

 

Clause 52.17 – Native Vegetation

 

Pursuant to Clause 52.17-1 of the Whittlesea Planning Scheme, a permit is required to remove, destroy or lop native vegetation.  Native vegetation to be removed from a site with a site area of less than 0.4 hectares is exempt from the requirements of this Clause.  The proposal involves the removal of one dead river red gum, however as the site is 2344m2 in area, this vegetation removal is exempt from permit requirements.

 

Clause 52.29 – Land adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 Road

 

Pursuant to Clause 52.29-2 of the Whittlesea Planning Scheme, a permit is required to create or alter access to a road in a Road Zone, Category 1.  The application involves the alteration of access to the Plenty Road service road, which is being constructed as part of Planning Permit No. 716206.  Plenty Road is a Road Zone, Category 1.  Clause 52.29-4 states that an application to create or alter access to a road declared as a freeway or arterial road under the Road Management Act 2004, must be referred to the Roads Corporation under section 55 of the Act.  The application was referred to VicRoads who had no objection to the proposed use and development and no requirement for conditions.

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 Frameworks of the Whittlesea Planning Scheme, and is considered to be consistent with the relevant policies and strategies of the Planning Scheme.  It is considered that the proposed use and development of an office, restricted recreation facility, shops and veterinary centre, buildings and works and demolition within a Heritage Overlay, removal of native vegetation and alteration of access to a road in a Road Zone – Category 1 is consistent with development in the surrounding area.  Therefore, it is recommended that a Planning Permit be issued, subject to appropriate conditions.

 

Recommendation

THAT Council resolve to approve Planning Application No. 717562 for use and development of offices, restricted recreation facility, shops and veterinary centre, buildings and works and demolition within a Heritage Overlay, removal of native vegetation and alteration of access to a road in a Road Zone – Category 1 in accordance with the endorsed plans and subject to the following conditions:

 

CONDITIONS TO BE MET PRIOR TO THE COMMENCEMENT OF DEVELOPMENT

 

1.       Before the development hereby permitted starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of this permit. The plans must be generally in accordance with the plans dated July / August 2018 and prepared by Michael Angus Architecture but modified to show:

 

a.      Landscaping in accordance with Condition No. 2 of this permit.

b.      Recommendations of the Disability Access Report required by Condition No. 3 of this permit.

c.      The driveway and vehicle crossover from the Plenty Road Service Road incorporated into layout plans.

d.      Swept paths for vehicles intended to service the development showing all vehicles can safely and efficiently enter and exit from the Plenty Road Service Road in a forward manner and also manoeuvre within the site.

e.      Details of content, location and design of the heritage interpretation panel / signage to be erected on the site.  The heritage interpretation panel / sign must provide information about the history of the Mernda Market and Sale Yard and its local heritage significance.

 

2.       Concurrent with the endorsement of plans under Condition No. 1 and before the development hereby permitted commences, a landscape plan prepared by a suitably qualified landscape designer to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of this permit.

 

a.      A survey of all existing vegetation and natural features (including any vegetation to be removed);

b.      The area or areas set aside for landscaping;

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

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

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

f.       Appropriate irrigation systems including the use of sustainable water supply and reuse in landscaped areas. (i.e. WSUD, irrigation system with timer and rain sensors, raingardens, infiltration strips, swales, etc.).

g.      Above-ground and underground service locations (i.e. water, gas, easement, light pole, water tank, gas meter, water meter, meter box, irrigation control, etc.).

 

The landscape plans must be prepared in conjunction with the engineering (drainage) plans to ensure levels, grades and drainage design (i.e. required retaining walls, FSL's, etc.) are consistent.

 

3.       A report and additional plan prepared by a suitably qualified and accredited person demonstrating that access to and throughout the public parts of the building (including any public toilets) must be provided in accordance with the Disability (Access to Premises – Buildings) Standards 2010 and applicable Australian Standards: AS 1428.1 2009, AS/NZS 1428.4.1 2009 and AS/NZS 2890.6 2009 and conforms with the objectives of the Disability Discrimination Act 1992 (Commonwealth).

 

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

 

5.       Before the development hereby permitted starts, a Waste Management Plan must be prepared to the satisfaction of the Responsible Authority. Once satisfactory, the plan will be endorsed and must be implemented to the satisfaction of the Responsible Authority. The Plan must provide the following details of a regular private waste (including recyclables) collection service for the subject land including:

 

a.       The type/s and number of waste bins.

b.      Screening of bins.

c.       Type/size of trucks.

d.      Frequency of waste collection.

e.       The provision and use of a bin-tugThe bin-tug must be maintained in an operational state at all times;

f.       Hours of collection (to comply with EPA Regulations).

 

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

 

6.    Prior to the commencement of works, including demolition and excavation, a Construction Management Plan must be submitted to and endorsed by the Responsible Authority. No works are permitted to occur until the Plan has been endorsed by the Responsible Authority. Once endorsed, the Construction Management Plan will form part of the permit and must be implemented to the satisfaction of the Responsible Authority. The plan must:

 

a.       Be in accordance with the Responsible Authority’s Construction Management Plan template and include a detailed Site Management Plan.

b.      Address occupational health and safety, traffic management, environmental controls and cultural heritage and/or dry stone wall protection measures to the satisfaction of the Responsible Authority.

c.       Be submitted to the Responsible Authority a minimum of seven days before a required pre-commencement meeting (attended by authorised representatives of the construction contractor and project superintendent as appointed by the developer) on the site of the works.

d.      Include the proposed route for construction vehicle access to the site including a program for the upgrade and maintenance works required along this route while works are in progress.

e.       Address the location of parking areas for construction and sub-contractors’ vehicles on and surrounding the site, to ensure that vehicles associated with construction activity cause minimum disruption to surrounding properties.

f.       Include measures to reduce the impact of noise, dust and other emissions created during the construction process.

g.      Demonstrate all environmental and cultural heritage and/or dry stone wall protection measures identified on a drawing(s) drawn to scale.

h.      Measures to ensure that no mud, dirt, sand, soil, clay or stones are washed into or allowed to enter the storm water drainage system.

i.        Include means by which foreign material will be restricted from being deposited on public roads by vehicles associated with the building and works on the land to the satisfaction of the Responsible Authority.

j.        Address any recommendations of any approved Cultural Heritage, Dry Stone Wall and Conservation Management Plans applying to the land.

k.       Identify the location and method of any Tree Protection Zones inclusive of trees within nature strips adjacent to the site boundaries in accordance with Appendix 2 of Council’s ‘Street Tree Management Plan’.

l.        Ensure that all contractors working on the site must be inducted into an environmental management program for construction works.

 

         All works must be carried out generally in accordance with the measures set out in the Construction Management Plan approved by the Responsible Authority. Any changes to the Construction Management Plan must be submitted to and approved by the Responsible Authority prior to implementation unless otherwise agreed to in writing by the Responsible Authority.

 

7.      The development, including layout of the site and the size, levels, design and location of buildings and works, and/or use as shown on the endorsed plans must not be altered unless with the prior written consent of the Responsible Authority.

 

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

 

CONDITIONS TO BE MET DURING CONSTRUCTION

 

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

 

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

 

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

 

CONDITIONS TO BE MET PRIOR TO THE COMMENCEMENT OF THE USES

 

12.    Prior to the occupation of any building approved under this permit, development contributions must be paid to the responsible authority in accordance with the approved Mernda Strategy Plan, unless otherwise agreed to in writing by the Responsible Authority.

 

13.    Before occupation of any building approved under this permit, a report from the author of the Sustainable Design Assessment, approved pursuant to this permit, or similarly qualified person or company, must be submitted to the responsible authority. The report must be to the satisfaction of the Responsible Authority and must confirm that all measures specified in the Sustainability Design Assessment have been implemented in accordance with the approved documentation.

 

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

 

15.    Before the use commences and/or occupation of the development hereby permitted, the area(s) set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be:

 

a.      Constructed;

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

c.      Surfaced with an all-weather sealcoat or treated to the satisfaction of the Responsible Authority to prevent dust and gravel being emitted from the site;

d.      Drained and maintained;

e.      Line marked to indicate each car space and all access lanes;

f.       Clearly marked to show the direction of traffic along access lanes and driveways;

 

          to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways must be kept available for these purposes at all times, to the satisfaction of the Responsible Authority.

 

16.     Unless with the prior written consent of the Responsible Authority, before the occupation of the development and/or use hereby permitted commences and / or within 12 months of the completion of the development, the landscaping works shown on the endorsed plans must be carried out, completed and maintained to the satisfaction of the Responsible Authority.

 

17.     Before the uses hereby permitted start, reticulated (water, sewerage, gas and electricity) services must be constructed and available to the satisfaction of the Responsible Authority.

 

GENERAL CONDITIONS

 

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

 

          Stormwater flows in excess of the approved capacity of the pipe drainage system must not be trapped by any construction but must be permitted to flow over the finished surface of the site to the street or drainage easement.

 

19.     The vehicle crossings to the site must be of a heavy duty (industrial) vehicle crossing built in accordance with Council standard drawing EDCM 503, subject to vehicle swept paths required to/from the site. The width of the vehicle crossings at the property boundary must match the width of the internal accessways.  All services above and below ground must be shown, as all costs associated with the vehicle crossovers, including its relocation, re-instatement of nature strip, and the relocation of services will be borne by the applicant. This plan will form part of the Road Opening Permit approval process.

 

20.     The uses hereby permitted must be managed so that the amenity of the area is not detrimentally affected, through the:

 

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

b.      Appearance of any building, works or materials;

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

d.      Presence of vermin.

 

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

 

22.     All external lighting must be designed, baffled and located so as to prevent adverse effect on adjoining land, to the satisfaction of the Responsible Authority.

 

23.     No air conditioning equipment, plant or the like shall be installed on the roof of the building such that it would be visible to the public without prior consent from the Responsible Authority.

 

24.     All car parking spaces must be designed to allow all vehicles to ingress and egress the site in forward gear, to the satisfaction of the Responsible Authority.

 

25.     A minimum of 42 car spaces must be provided on the land for the use and development hereby permitted, to the satisfaction of the Responsible Authority.

 

26.     A minimum of two (2) car spaces must be provided for the exclusive use of disabled persons and be designed in accordance with AS 2890.6 – 2009. The car space(s) must be provided as close as practicable to (a) suitable entrance(s) of the building and must be clearly marked with a sign to indicate that the space(s) must only be utilised by disabled persons.

 

27.     Unless otherwise agreed in writing by the Responsible Authority, the landscaping areas shown on the endorsed plans must be used for landscaping and no other purpose and any landscaping must be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.

 

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

 

29.     The total number of practitioners operating at the Vet must not exceed 2 except with prior written consent of the Responsible Authority.

 

30.     The total number of patrons within the Restricted Recreation Facility at any one time must not exceed 40 except with prior written consent of the Responsible Authority.

 

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

 

32.     No fencing of any type is to be erected along the frontage of the site unless approval in writing has been granted by the Responsible Authority.

 

33.     Vehicles under the control of the operator of the use or the operators staff must not be parked on neighbouring streets.

 

VEGETATION REMOVAL CONDITIONS

 

34.     Prior to removal, the subject trees must be inspected by a suitably experienced Wildlife Handler to determine the presence of animals living or nesting in the tree.    Should any native animals be detected, reasonable steps must be taken to capture and relocate such animals as recommended by the Wildlife Handler.

 

PERMIT EXPIRY CONDITION

 

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

 

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

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

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

d.      The use is discontinued for a period of two years.

          The responsible authority may extend the periods referred to above if a request is made in writing.  This request must be made before or within 6 months after the permit expiry date where the development has not yet started and within 12 months after the permit expiry date where the development allowed by the permit has lawfully started before the permit expires.

 

NOTES:

 

Advanced Trees

 

An advanced tree under this permit shall generally constitute the following:

 

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

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

 

Building Over Easements

 

Any building or works to occur within an easement must be carried out to the satisfaction of the Responsible Authority. In addition, the following will apply:

 

a.       Access to any drainage pit in the easement is to be maintained.

b.      Council reserves the right to excavate, lay, repair or replace pipes within the easement.

c.       Council is not liable for any damage from such works and that reinstatement shall be the owner's responsibility and at the owner's expense.

d.      Prior to a building approval being issued, any drain(s) existing in the easement are required to be shown on the plans, with a detailed sketch indicating any pier and beam footings required to span these public assets.

e.       Building approval must be obtained prior to the commencement of the works.

 

Council Resolution

Moved:                       Cr Kozmevski

Seconded:               Cr Kirkham

 

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

Carried

 


UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                                                                                                                                                                                                                             Tuesday 6 August 2019

 


 


 


 


UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

6.1.3      Planning Scheme Amendment C233 - Open Space Anomalies - exhibition outcomes and adoption

Attachments:                        1        Amendment C233 Zoning Maps   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Strategic Planner   

 

RECOMMENDATION SUMMARY

It is recommended that Council:

1.       Adopt Planning Scheme Amendment C233 to the Whittlesea Planning Scheme; and

2.       Request the Minister for Planning to approve Amendment C233 to the Whittlesea Planning Scheme

KEY FACTS AND / OR ISSUES

·    Amendment C233 proposes to rezone eight existing Council open space reserves to the appropriate Public Park and Recreation Zone to reflect their intended use for open space;

·    It is appropriate that the Whittlesea Planning Scheme reflects the underlying use of the land for open space purposes, which is identified through approved and endorsed strategic planning documentation;

·    Amendment C233 was exhibited from 16 May to 14 June 2019. Two submissions were received from the Environmental Protection Authority and the Department of Environment, Land, Water and Planning. Both submissions supported the amendment;

·    The nominated subject sites proposed for rezoning include:

Main Street Recreation Reserve;

Thomastown East Recreation Reserve;

Laurimar Creek Reserve and Future Doreen Precinct Sports Field;

Laurimar Recreation Reserve;

Waterview Recreation Reserve;

Mosaic Recreation Reserve;

Mill Park Lakes Recreation Reserve and

Hillsview Recreation Reserve; and

·    It is recommended that Council adopt Planning Scheme Amendment C233 to the Whittlesea Planning Scheme and request the Minister for Planning to approve the amendment, with no further changes to the amendment that Council exhibited.

 

Report

INTRODUCTION

Council resolved at its meeting on 11 December 2018, to seek authorisation from the Minister for Planning to prepare and exhibit Planning Scheme Amendment C233 to the Whittlesea Planning Scheme.

Amendment C233 applies to eight Council owned open space reserves and seeks to correct their current residential zoning to the Public Park and Recreation Zone to reflect their current/ proposed use and underlying zone.

Each of the land identified as part of Amendment C233 has been designated for active and/or passive open space under the provisions of approved Local Structure Plans and/or Development Plans.

Planning Scheme Amendment C233 is the first in a series of amendments which intends to address anomaly issues within the Whittlesea Planning Scheme.

Once the Public Park and Recreation Zone is implemented it will negate the need for a planning permit for any works (including improvements or new works) related to park or open space infrastructure, streamlining the statutory planning framework.

The purpose of this report is to seek a resolution of Council to adopt Amendment C233 as required by the Planning and Environment Act 1987. This will enable Officers to progress a request to the Minister for Planning to approve Amendment C233 to the Whittlesea Planning Scheme.

PROPOSAL

The Amendment seeks to rezone eight existing Council owned open space areas from General Residential Zone – Schedule 1 (GRZ1), and in one instance Comprehensive Development Zone (CDZ) (6W Painted Hills Road, Doreen), to the Public Park and Recreation Zone (PPRZ).

A list of the nominated subject sites proposed for rezoning is included below.

Main Street Recreation Reserve

·    Part of 74W Main Street, Thomastown (2 sport fields, pavilion, cricket nets and playground).

Thomastown East Recreation Reserve

·    225W Parklands Drive, Thomastown (2 sports fields, pavilion, playground and passive open space).

Laurimar Creek Reserve and Future Doreen Precinct Sports field

·    108W Eminence Boulevard, Doreen (passive open space);

·    180W Painted Hills Road, Doreen (2 soccer fields, pavilion/community activity centre);

·    160W Painted Hills Road, Doreen (passive open space).

Laurimar Recreation Reserve

·    6W Painted Hills Road, Doreen (2 sports fields, pavilion and skate park).

Waterview Recreation Reserve

·    60W Waterview Drive, Mernda (2 sport fields, pavilion, netball courts and playground).

Mosaic Recreation Reserve

·    1W Mosaic Drive, Lalor (2 sport fields and pavilion).

Mill Park Lakes Recreation Reserve

·    170 The Lakes Boulevard, South Morang (2 sport fields, pavilion, cricket nets and playground).

Hillsview Recreation Reserve

·    Part of 100W The Great Eastern Way, South Morang (2 sport fields and pavilion).

Attachment 1 identifies the zoning of each site.

PLANNING ASSESSMENT

Amendment C233 relates to open space reserves in growth areas and is a technical change to the Planning Scheme to reflect the underlying zone of each site. Once boundaries are set for specific land uses as part of the implementation of strategic plans and documents, there is a need to go back and reflect these boundaries with the applicable underlying zones.

Amendment C233 is consistent with and makes proper use of the Victorian Planning Provisions (VPP) by applying the Public Park and Recreation Zone to land to accurately reflect its current or approved use for open space. The Public Park and Recreation Zone is the appropriate statutory mechanism to maintain the support and control of the land for open space into the future.

NOTIFICATION

A request for an exemption from notice provisions under Section 20(2) of the Planning and Environment Act 1987 was sent to the Minister for Planning on 11 February 2019.

Amendment C233 was granted an exemption from the notice requirements of Section 19 of the Planning and Environment Act 1987 on 6 May 2019. 

Amendment C233 was exempt from notice requirements because it was considered that Council as the land owners, was giving effect to the current use by applying the appropriate zone, and that there would be no negative impact to adjoining landholdings. As a result, no letters were sent to affected and surrounding owners and occupiers.

Amendment C233 was placed on public exhibition between 16 May to 14 June 2019, to prescribed Ministers and relevant government authorities. A Notice appeared in the Government Gazette on 16 May 2019 and Whittlesea Leader on 21 May 2019.

Two submissions were received from the Environment Protection Authority (EPA) and the Department of Environment, Land, Water and Planning (DELWP). Both submissions supported the Amendment. 

Policy strategy and legislation

Amendment C233 has been prepared in accordance with the Planning Practice Note 29 Ministerial Powers of Intervention, whereby the proposal is anomalous in nature and seeks to appropriately reflect the underlying zone of the land, as envisioned in approved council strategic plans and strategies. The rezoning of each site to Public Park and Recreation Zone will expedite the delivery and upgrade of open spaces envisaged by the relevant strategic frameworks

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

Amendment C233 will contribute towards the strategic objectives of Whittlesea 2040 to facilitate open spaces within well designed neighbourhoods for the community. It will also contribute towards streamlining the planning and infrastructure delivery process for open space contributing towards the strategic objective to provide welcoming and safe public gathering spaces.

Declarations of Conflicts of Interest

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

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

Conclusion

Amendment C233 proposes rezoning of eight Council owned reserves to Public Park and Recreation Zone from the General Residential Zone and Comprehensive Development Zone. The planning controls to be applied by Amendment C233 are the most appropriate controls to guide the future planning of open space areas.

The rezoning reflects the intended use of these parcels for open space in accordance with the applicable adopted and approved strategic plans and policy. This in turn will enable Council to expedite the delivery (and in some instances upgrade) of open space areas and facilities throughout the Municipality.

Two submissions were received from the Environment Protection Authority (EPA) and the Department of Environment, Land, Water and Planning (DELWP). These submissions supported the Amendment.

Noting the above, it is therefore recommended that Council resolve to adopt Planning Scheme Amendment C233 and forward this to the Minister for Planning requesting approval.

 

 

 

 

 

RECOMMENDATION

THAT Council resolve to:

1.       Adopt Planning Scheme Amendment C233 to the Whittlesea Planning Scheme;

2.       Request the Minister for Planning to approve Planning Scheme Amendment C233 to the Whittlesea Planning Scheme

 

Council Resolution

Moved:                       Cr Kozmevski

Seconded:               Cr Kirkham

 

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

Carried

 


UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

6.1.4      Wollert Landfill - 45 Bridge Inn Road, Wollert - Compliance with Planning Permit Audit

Attachments:                        1        Hanson Landfill   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Manager Building & Planning   

 

RECOMMENDATION SUMMARY

That Council note the report.

KEY FACTS AND / OR ISSUES

This report has been prepared in accordance with condition 57 of Planning Permit 701889 (Amended) which requires a quarterly audit of compliance for the Wollert Landfill operations.

·    A joint inspection comprising Council officers and the Landfill operators was undertaken on 3 July 2019.

·    All Planning Permit requirements were discussed and a visual site inspection was undertaken to confirm compliance.

·    This compliance inspection provides an initial baseline assessment to be used going forward as quarterly reports are submitted to Council and any non-compliances will be actioned promptly.

·    The site and operations currently comply with all permit requirements to Council’s satisfaction.

 

Report

Introduction

This report has been prepared in accordance with condition 57 of Planning Permit 701889 (Amended) which requires a quarterly audit of compliance for the Wollert Landfill operations.  This Planning Permit authorises the use and development of the land at 45 Bridge Inn Road, Wollert, for the purpose of an engineered landfill progressively rehabilitating quarried land and for a waste transfer station.

Background

The subject site has operated as a landfill since the mid 1990s under Planning Permit 701889. 

An application was subsequently lodged in late 2017 to amend the permit and include provision for a substantial new waste transfer station closer to the front of the site.  This was presented to Council for a decision at its meeting of 4 September 2018, where it was resolved to issue a Notice of Decision to amend the Planning Permit subject to the inclusion of additional conditions.

Condition 57 was included which reads as follows:

A report must be submitted to the Responsible Authority on a three monthly basis (or as otherwise requested by the Responsible Authority) to provide a detailed assessment of the extent of compliance the uses on the site are having with conditions of this Permit.

The amended Planning Permit was ultimately issued in April 2019 and therefore in accordance with the requirement, a three monthly report is provided.

Proposal

In accordance with the requirements of the Planning Permit, a three monthly report is provided for Council to consider and note.

Consultation

There is no consultation required, however it is noted that Council officers attended the site and undertook a joint inspection with the Landfill operators on 3 July 2019 where all Planning Permit requirements were discussed and a visual site inspection was undertaken to confirm compliance.

Critical Dates

There are no critical dates.  This report has been submitted within three months of the Planning Permit being amended and will be submitted at three monthly intervals.

Financial Implications

There are no financial implications associated with this report.

Policy strategy and legislation

This report has been prepared in accordance with the requirements of a Planning Permit issued under the Planning and Environment Act 1987.

link to strategic risks

Strategic Risk Environmental - Failure to prevent significant negative impact of Council’s decisions on land use planning relating to contaminated sites

Planning Permit conditions are included to manage potential impacts associated with land use including to the amenity of nearby residents, safety and environmental conditions.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Our Council monitors and evaluates all of its operations

Council Priority                             Organisational Sustainability

Declarations of Conflicts of Interest

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

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

Conclusion

This report has been provided in accordance with condition 57 of Planning Permit 701889 (Amended), which allows for the land to be used for a landfill and transfer station.

This initial report provides a baseline assessment to be used going forward as quarterly reports are submitted to Council and any non-compliances will be actioned promptly.

The site and operations currently comply with all permit requirements to Council’s satisfaction.

 

RECOMMENDATION

THAT Council resolve to note the report.

Council Resolution

Moved:                       Cr Kozmevski

Seconded:               Cr Kirkham

 

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

Carried

 


UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

6.1.5    REVIEW OF COUNCIL DELEGATION TO STAFF

Attachments:                        1        Delegations to Members of Staff - Marked-Up

2        Delegations to Members of Staff - Final   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Team Leader Governance   

 

recommendation summary

It is recommended that Council:

1.   Delegate to the members of Council staff holding, acting in or performing the duties of the positions referred to in the attached Instrument of Delegation to members of Council staff, the powers, duties and functions set out in that Instrument;

2.   Commence operation of the Instrument immediately upon the common seal of Council being affixed to the Instrument;

3.   Revoke all previous delegations to members of Council staff (other than the Chief Executive Officer) on the coming into force of the Instrument; and

4.   Require the duties and functions set out in the Instrument to be performed, and the powers set out in the Instrument to be executed, in accordance with any guidelines or policies of Council that may from time to time be adopted.

key facts and/or issues

·    This Instrument of Delegation was last reviewed and adopted by Council on 4 September 2018.

·    This Instrument only deals with Acts and Regulations that require a direct delegation from Council to officers.

·    Most of the changes relate to position titles that changed following organisational realignments. The legislative amendments are minor and relate only to the Domestic Animals Act 1994, Local Government Act 1989 and Road Management Act 2004

·    The Instrument does not include delegations from Council to the Chief Executive Officer.

·    The updated delegations will facilitate Council's decision-making processes by ensuring that Council officers are delegated appropriate powers to effectively carry out their duties.

 

 

 

 

 

 


 

Report

Background

Where Council acts through members of Council staff, this is formalised through written ‘Instruments of Delegation’. The Local Government Act 1989, as well as other legislation, make express provision for the appointment of delegates to act on behalf of Council and a decision of the delegate, once made, is for all legal purposes a decision of the Council.

This Instrument was last reviewed and adopted by Council on 4 September 2018 and deals with Acts and Regulations that require direct delegations to officers.

The Instrument does not include delegations from Council to the Chief Executive Officer. The Instrument of Delegation to the Chief Executive Officer was last reviewed by Council in December 2018.

Proposal

Legislative references in the Instrument needed to be updated and are now current to 30 June 2019. The amendments largely relate to position titles that have resulted from organisational realignments noting that delegations are to positions and not to individuals.

A marked-up copy of the Instrument highlighting the legislative changes is attached. (Refer Attachment 1).  Changes in position titles are not shown in the marked-up version as the number of changes were extensive.  A clean copy of the Instrument is also attached. (Refer Attachment 2).

Legislative Amendments

The legislative changes are summarised below:

Deleted provisions

·    The function of processing a dangerous dog declaration under s.35(2) and the power to destroy a dog under section s.84P of the Domestic Animals Act 1994 have been deleted from this Instrument and added to the Instrument of Delegation from the CEO to staff as they do not require a direct delegation from Council.

New Provisions

·    The power to declare and levy a cladding rectification charge under s.185L of the Local Government Act 1989; and

·    The duty to conduct a review of the road management plan at prescribed intervals under s.54(5), the power to amend the road management plan under s.54(6) and the duty to incorporate the amendments into the road management plan under s.54(7) of the Road Management Act 2004.

Delegation Protocols

The revised Instrument will ensure that officers are delegated appropriate powers to carry out their duties and that delegations are made to the lowest competent level in the organisation. This will streamline decision-making processes while ensuring accountability.

Some delegated powers have limitations and conditions which are recorded in the Instrument.  Council also has the option of putting in place policies and guidelines under which certain delegations are exercised.

Delegations are made to positions and not to individuals. This ensures that delegations do not become obsolete or ineffective in the event of a position being vacant or a delegate being absent on leave. In these instances, their delegated powers are automatically transferred to staff acting in their position.

It should be noted that Councillors must not direct, or seek to direct, a member of Council staff in the exercise of a delegated power, or the performance of a delegated duty or function of the Council. 

Conflict of Interest Disclosures by Delegates

The Local Government Act 1989 imposes obligations on members of Council staff who have delegated powers to act impartially and with integrity including avoiding conflicts of interest. 

A Council delegate is prohibited from exercising a Council power, duty or function if they have a conflict of interest in a matter and must disclose the type and nature of the interest to the Chief Executive Officer.

Consultation

No public consultation was required in relation to this Instrument. 

Relevant Council Departments were consulted on the revised Instrument.

Financial Implications

The cost of amending this Instrument of Delegation is included within relevant operational budgets.

Critical Dates

It is proposed that the revised Instrument comes into force once the common seal is affixed to the Instrument.

Policy strategy and legislation

This review is carried out in accordance with section 98 of the Local Government Act 1989.

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

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 relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

It is recommended that the revised Instrument of Delegation be adopted by Council. The updated delegations will facilitate Council's decision-making processes by ensuring that the relevant Council officers have the appropriate powers to effectively carry out their Council duties.

 

RECOMMENDATION

THAT Council, in accordance with section 98(1) of the Local Government Act 1989 and the other legislation referred to in the attached instrument of delegation, resolve to:

1.   Delegate to the members of Council staff holding, acting in or performing the duties of the positions referred to in the attached Instrument of Delegation to Members of Council staff, the powers, duties and functions set out in that Instrument;

2.   Commence operation of the Instrument immediately upon the common seal of Council being affixed to the Instrument;

3.   Revoke all previous delegations to members of Council staff (other than the Chief Executive Officer) on the coming into force of the Instrument; and

4.   Require the duties and functions set out in the Instrument to be performed, and the powers set out in the Instrument to be executed, in accordance with any guidelines or policies of Council that may from time to time be adopted.

 

Council Resolution

Moved:                       Cr Kozmevski

Seconded:               Cr Kirkham

 

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

Carried

 


UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

6.1.6      Assemblies of Council - 6 August 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

Councillor Briefing

11 June 2019

Cr Joseph

(Deputy Mayor)

Cr Alessi

Cr Desiato

Cr Kozmevski

Cr Monteleone

CEO

DCS

DCRS

DCTP

DPPE

MLCF

TLLF

 

1.     Confidential Item: Mernda Aquatic Indoor Sports Centre (MAISC) 50m Pool Costings

2.     CEO/Councillor Time

3.     General Business

a)    Raised pavement treatments in Dalton Road

b)    Progress on Shields Street Epping

c)     Tree offset issue

Nil disclosures

Councillor Briefing

18 June 2019

Cr Joseph

(Deputy Mayor)

Cr Alessi

Cr Desiato

Cr Kozmevski

Cr Pavlidis

CEO

DCS

DCRS

DCTP

DPPE

MCCD

 

1.     North East Link Presentation

2.     Culture Policy

3.     General Business

a)    Overview of Kangaroo Forum

Nil disclosures

Councillor Briefing

25 June 2019

Cr Alessi

Cr Desiato

Cr Kirkham

Cr Kozmevski

CEO

DCS

DCRS

DCTP

DPPE

MLCF

TLSR

EOSFP

 

1.     Leisure Policies Update

2.     Renewable Power Purchase Agreement Proposal

3.     Review of Upcoming Council Agenda

Nil disclosures


 

Assembly Details

Councillor attendees

Officer attendees

Matters discussed

Councillor Briefing

9 July 2019

Cr Cox

(Mayor)

Cr Joseph

(Deputy Mayor)

Cr Alessi

Cr Desiato

Cr Kirkham

Cr Kozmevski

Cr Monteleone

Cr Pavlidis

Cr Sterjova

CEO

DCS

DCRS

DCTP

DPPE

MFA

TLFS

CIO

TLOAD

 

1.     Capital Management Proposal

2.     Technology Briefing

3.     General Business

a)    Waste, recycling capacity and our contractor SKM

b)    O’Herns Road interchange

Nil disclosures

The table below represents an Index of Officer titles:

Initials

Title of Officer

Initials

Title of Officer

CEO

Chief Executive Officer – Simon Overland

MCCD

Manager Community Cultural Development – Catherine Rinaudo

CIO

Chief Information Officer – Hans Wolf

MFA

Manager Finance & Assets – Amy Montalti

DCS

Director Community Services – Russell Hopkins

MLCF

Manager Leisure & Community Facilities – Benjamin Waterhouse

DCRS

Director Corporate Services – Helen Sui

TLFS

Team Leader Financial Services – Nicole Montague

DCTP

Director City Transport and Presentation– Nick Mann

TLLF

Team Leader Leisure Facilities – Jacinda Hunt

DPPE

Director Partnerships, Planning and Engagement – Liana Thompson

TLOAD

Team Leader Online and Application Development – Daniel Gibson

EOSFP

Executive Officer Sustainability Flagship Project – Karen Rosenberg

TLSR

Team Leader Sport & Recreation – Allana Sharman

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(2) 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 Desiato

Seconded:               Cr Pavlidis

 

THAT Council resolve to:

1.    Amend the table set out in the report to add Cr Desiato as an attendee at the Councillor Briefing on 11 June 2019; and

2.    Note the record of the Assemblies of Councillors meetings in the table set out in the report.

 

Carried

 


UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

6.1.7    COUNCIL MEETING SCHEDULE FOR 2020  

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Governance Officer   

 

RECOMMENDATION SUMMARY

THAT Council resolve to:

1.       Adopt the Ordinary Council Meeting schedule for 2020 as follows:

4 February                 

4 August

3 March

1 September

7 April

6 October

5 May

17 November

2 June

8 December

7 July

 

2.       Set the commencement time of Ordinary Council Meetings at 6.30pm and the venue as the Council Chamber, Council Offices, 25 Ferres Boulevard, South Morang unless otherwise determined by Council resolution;

3.       Schedule a Special Council Meeting for 6pm Tuesday, 24 March 2020 for the approval to advertise the 2020-2021 proposed Council Budget and Council Action Plan;

4.       Schedule a Special Council Meeting for 6pm Tuesday, 9 June 2020 for adopting the 2020-2021 proposed Budget and Council Action Plan;

5.       Schedule a Special Council Meeting for 7pm Wednesday 4 November 2020 for the swearing-in of new Councillors, the declaration to abide by the Councillor Code of Conduct and the election of the Mayor and Deputy Mayor; and

6.       Give public notice of the adopted 2020 Council Meeting schedule.

KEY FACTS AND / OR ISSUES

·    The proposed Council meeting schedule for 2020 has taken into account the Local Council Election to be held on Saturday 24 October 2020, public holidays and other sector specific events, such as major sector conferences.

·    The Act requires the Mayor to be elected after the fourth Saturday in October but not later than 30 November in each year. 

 

Report

Introduction

To adopt the Council Meeting schedule for 2020, noting that it is proposed to continue with a monthly Council meeting cycle.

Proposal

The proposed Council Meeting schedule for 2020 is set out below, allowing for the Local Council Elections, public holidays and other sector specific events, such as major sector conferences.  It is proposed that meetings continue to be held monthly on the first Tuesday of the month except for November when the meeting will be held on the third Tuesday to allow for Councillor induction and December, when the meeting will be held on the second Tuesday.

Unless otherwise determined by Council, Ordinary Council Meetings will commence at 6.30pm in the Council Chamber at the Council Offices, 25 Ferres Boulevard, South Morang.

The following dates for Council meetings are proposed for 2020 and take account of public holidays and other sector specific events such as major conferences:

4 February                 

4 August

3 March

1 September

7 April

6 October

5 May

17 November

2 June

8 December

7 July

 

It should be noted that the dates for the ordinary Council meetings in November and December are later in the month.  For November it is proposed for the third Tuesday to allow for Councillor induction prior to the first meeting of the newly elected Council and on the second Tuesday in December. The first meeting in 2021 is likely to be in early February. 

In addition, the following dates for Special Council meetings are proposed:

·    Tuesday, 24 March 2020 at 6pm for the approval to advertise the 2020-2021 proposed Council Budget and Council Action Plan;

·    Tuesday, 9 June 2020 at 6pm for adopting the 2020-2021 proposed Budget and Council Action Plan; and

·    Wednesday 4 November 2020 at 7pm for the swearing-in of new Councillors, the declaration to abide by the Councillor Code of Conduct and the election of the Mayor and Deputy Mayor.

Critical Dates

Council Elections are held every four years on the fourth Saturday in October, with the next scheduled for Saturday, 24 October 2020. 

Based on the proposed schedule, the Council meeting scheduled for 6 October 2020 will be within the Election Period so Council will not be able to make any major policy decisions at that meeting, as per provisions under section 93A of the Local Government Act 1989.

The proposed schedule also makes provision for the Mayor to be elected after the fourth Saturday in October and no later than 30 November, as required under the Local Government Act 1989. 

The Local Government Act 1989 requires Council to give public notice of Council meeting dates.

Financial Implications

Costs associated with holding Council Meetings are covered in existing budgets.

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

Regular Council meetings promote open and transparent decision making and civic engagement.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                              Connected community

Whittlesea 2040 Key Direction     A participating community

Strategic Objective                                 Our voice is reflected through inclusive Council decision making processes

Council Priority                                       Organisational Sustainability

Council will work to build a stronger sense of community within neighbourhoods and across the municipality and create new opportunities for social networks and civic engagement.

Conducting Council meetings throughout the year gives the community an opportunity to become involved in Council’s decision-making process on issues that affect the community.

Declarations of Conflicts of Interest

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

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

Conclusion

It is recommended that the proposed meeting dates be adopted and advertised to the public.  The schedule of meeting dates will facilitate Council's decision-making processes by ensuring that regular meetings are held and promote Council meetings to the public.

 

RECOMMENDATION

THAT Council resolve to:

1.       Adopt the Ordinary Council Meeting schedule for 2020 as follows:

4 February                       

4 August

3 March

1 September

7 April

6 October

5 May

17 November

2 June

8 December

7 July

 

2.       Set the commencement time of Ordinary Council Meetings at 6.30pm and the venue as the Council Chamber, Council Offices, 25 Ferres Boulevard, South Morang unless otherwise determined by Council resolution;

3.       Schedule a Special Council Meeting for 6pm Tuesday, 24 March 2020 for the approval to advertise the 2020-2021 proposed Council Budget and Council Action Plan;

4.       Schedule a Special Council Meeting for 6pm Tuesday, 9 June 2020 for adopting the 2020-2021 proposed Budget and Council Action Plan;

5.       Schedule a Special Council Meeting for 7pm Wednesday 4 November 2020 for the swearing-in of new Councillors, the declaration to abide by the Councillor Code of Conduct and the election of the Mayor and Deputy Mayor; and

6.       Give public notice of the adopted 2020 Council Meeting schedule.

Council Resolution

Moved:                       Cr Kozmevski

Seconded:               Cr Kirkham

 

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

Carried

  

 


UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

6.2       Community Services

6.2.1      Mernda Aquatic & Indoors Sports Centre 50m Pool Costings

Attachments:                        1        Mernda Aquatic Centre Planning Study 50m Briefing Paper   

Responsible Officer:           Director Community Services

Author:                                  Team Leader Leisure Facilities   

 

RECOMMENDATION SUMMARY

THAT Council note the Mernda Aquatics Indoor Sports Centre (MAISC) 50m Pool Briefing Paper and associated costings (Attachment 1) and advise the head petitioner.

KEY FACTS AND / OR ISSUES

·    Council considered an Item of Urgent Business on 5 March 2019 and resolved that indicative costs for a 50m competition pool and associated infrastructure for the future MAISC be prepared for Council’s consideration.

 

·    The estimated capital cost of the 50m Pool Option is $60,000,000 which is $11,000,000 higher than the base option (25m pool).  The additional operational cost is in the vicinity of $150,000 per annum.

 

·    At its 2 July 2019 meeting, Council resolved to receive a petition with 1621 signatures calling for Council to review the need for a 50m competition sized pool to service the people of Whittlesea and their families rather than other lesser options.

 

Report

Background

The 2014 Major Leisure and Aquatic Facilities Strategy (MLAFS) and Indoor Sports Facility Feasibility Study (ISSFS) both recommended the development of a ‘local’ scale aquatic and leisure facility on the Mernda Regional Recreation Reserve (MRRR) site. The Strategy identified a ‘base option’ for facility provision to service the social, health and fitness needs of the Mernda and Doreen communities.

At its meeting of 12 February 2019, Council endorsed Options 2 and 7 of the Mernda Aquatic Centre Planning Study (MACPS) for further development through a business case.  While both options vary in the scale of the aquatic and dry components, neither option includes the provision of a 50m pool. The business case for these two preferred options is currently being prepared.

At its meeting on 5 March 2019, Council considered an Item of Urgent Business and resolved that a report be brought to Council providing indicative costs for inclusion of a 50m competition pool. In particular:

·    The option of a 50m competition pool at Mernda;

·    The costings to include a moveable boom to divide the pool into 2 x 25m pools;

·    The pool to include venue seating to enable competition events;

·    The report to include the full cost from both a capital and operational perspective; and

·    Ensure full disability access at all times, including ramps.

At its meeting of 2 July 2019, Council resolved to receive a petition with 1621 signatures calling for Council to review the need for a 50m competition sized pool to service the people of Whittlesea and their families.

Proposal

This report responds to both the Item of Urgent Business and the petition.  Officers have investigated and determined indicative costings based on the addition of a 50m competition pool and associated infrastructure to the 2017 ‘Base Model’. 

Additional features costed include:

·    A 50m Fina Standard Competition pool (8 lanes x 2.5m) with a moveable boom to divide the pool into 2 x 25 pools

·    Ramp entry

·    Spectator seating for 320 people

·    Wider concourses to allow for competition functions

·    Additional change room capacity

·    Additional storage space for competition equipment and pool covers

·    Increased mechanical and pool plant services

·    Increased car parking to cater for competitions

Capital Costs

Costings based on area schedules prepared by Slattery Quantity Surveyors and Mantric Architects are only indicative, however the estimated cost to construct a 50m competition pool and associated infrastructure at the MAISC site is $60,000,000. This is $11,000,000 higher than the Base Model which is currently estimated at $49,188,000.  Importantly, the assumptions for each option are the same enabling a like-for-like comparison.

 

Base Option

Cost

Base Option with 50 m Pool

Cost*

Building Works

$15,728,000

Building Works

$23,750,000

Pool Plant and Equipment

·      8-lane 25-m pool

·      Warm Water Exercise Pool with Spa and ramp –170m2

·      Water play – 290m2

·      LTS pool – 100m2

·      Steam and Sauna

$  4,991,000

Pool Plant and Equipment

·      8-lane 50m competition pool with boom

·      Warm Water Exercise Pool with Spa and ramp –170m2

·      Water play – 290m2

·      LTS pool – 100m2

·      Steam and Sauna

$  7,500,000

Gymnasium and Program rooms

-     Gymnasium – 450m

-     2 x Program Rms

$  3,113,000

Gymnasium and Program rooms

-     Gymnasium – 450m

-     2 x Program Rms

$  3,100,000

External Works and Services

$  6,956,000

External Works and Services

$  6,950,000

Other allowances, contingencies and functional costs

$18,400,000

Other allowances, contingencies and functional costs

$18,700,000

TOTAL

$49,188,000

TOTAL

$60,000,000

*All costs are rounded figures, not actual.

Operational Costs

Data obtained from comparable aquatic facilities as well as detailed financial data from Thomastown Aquatic and Recreation Centre (TRAC) and Mill Park Leisure Centre has been reviewed to predict the annual operating performance of the inclusion of a 50m pool at MAISC. It is estimated that after an initial establishment period of 12 – 24 months the net financial result could be from break-even to a loss of $100,000 per annum thereafter. Operational costing for the Base Model, projects a potential operating profit of $50,000 to $150,000 per annum.  i.e. a difference of approx. $150,000 per annum.  The additional operational costs include staffing and utilities costs, balanced against the limited additional income associated with a 50m pool.

 

Non-financial Impacts

A 50m competition pool will provide opportunities for a potential swim club and schools to participate in long course swimming and competition. It will also support elite swimming pathways, however demand for this is expected to be relatively low. To ensure the facility is Fina compliant and suitable for competitions the minimum pool depth would need to be 1.35m. Increasing the minimum pool depth to 1.35m and the lowered temperature required to meet competition standards will reduce suitability for large segments of the community including people with lower levels of aquatic skill and activity including older adults, young children and people with a disability. The deeper water will also increase safety risks and supervision requirements and costs.

 

The additional water volume will require increased gas, electricity, water and pool chemical usage that conflict with Council’s sustainability targets.

 


 

Demand Assessment

The Indoor Aquatic and Recreation Facility Development Guidelines developed in partnership by Sport and Recreation Victoria (SRV) and Aquatics and Recreation Victoria (ARV) outline that a 50m pool should be:

·    included where the catchment population is above 100,000

·    considered if the catchment population is between 70,000 – 100,000.

Mernda’s population forecast of 55,000 to 60,000 could be serviced by a 25m pool rather than a 50m pool. With two regional 50m competition pools available within 20kms of Mernda (Greensborough and Craigieburn), the needs of the relatively small cohort of residents whom prefer 50m competition facilities could be met in our neighbouring municipalities. It should be noted that all Whittlesea based swim clubs currently operate with success within 25m facilities across the municipality.

 

Disability Access

All options provided for Councillors’ consideration include full disability access throughout the facility.  Not only is this a key design principle, but it is a criterion for any funding sought from State or Federal Government.

Consultation

Community engagement conducted to date indicates that there is strong community demand and expectation for an aquatic centre in Mernda with 76.7% of survey respondents (1180 total survey responses), indicating they do not use an aquatic and leisure centre (ALC) due to travel distance and time. The engagement findings did not indicate a preference for the provision of competition standard facilities or a 50m pool.

As Whittlesea residents have a higher rate of Type 2 diabetes, high blood pressure and osteoporosis in comparison to the Victorian average, the need to provide a wide range of options to cater for the broader community was a key theme of the consultation findings. This information is supported by Council’s recently adopted Active Whittlesea Policy that articulates: The City of Whittlesea will make a positive contribution to community health and wellbeing outcomes by enhancing opportunities for residents to be more physically active, through addressing barriers to active participation across a diverse range of sport and physical recreation activities and environments.

RESPONSE TO Petition

At its meeting of 2 July 2019, Council resolved to receive a petition with 1621 signatures calling for Council to review the need for a 50m competition sized pool rather than other lessor options being considered. The petition called for Council to dismiss the current proposal of a 25m pool and other lesser options and build a 50m competition sized pool instead for the greater benefit of families and greater community for decades to come.

It is recognised that primary and secondary schools, members of swimming clubs and the general public are currently leaving Whittlesea to travel to the City of Banyule, Hume or further to utilise 50m facilities, however it is not unusual for sporting groups and schools to travel across municipalities to use elite facilities, such as a 50m pool.

While it is recognised that some members of the community would prefer a 50m competition pool in Mernda, feasibility and business planning work completed to date indicates that the population could be serviced by alternate aquatic provision that offers a more wholistic approach and provides better value for money.

Financial Implications

The inclusion of a 50m competition pool with a moveable boom, spectator seating and associated amenities (increased concourse, change rooms and car park) is estimated to add approx. $11m in capital costs, over and above the same facility with a 25m pool.  Operationally the 50m pool option will cost approx. $150,000 extra per annum to run in comparison to a 25m pool.

Policy strategy and legislation

The feasibility and planning for a potential MAISC is closely linked to Whittlesea 2040; specifically, Goal 1: Connected Community. Progression of the Business Case is also a 2018/19 Council Action Plan and aligned to Council’s recently adopted Active Whittlesea Policy. link to strategic risks

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

Successful completion of the MAISC Planning will inform infrastructure delivery which ultimately contributes towards safer, adequate and fit-for-purpose provision of sport, aquatic and recreation facilities within the Mernda, Doreen and rural north.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Connected community

Whittlesea 2040 Key Direction     A healthy and safe community

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

Council Priority                             Health and Wellbeing

Provision of recreation and leisure facilities that are inclusive, accessible and relevant to all members of the community will assist in improving the health and well-being of the community by increasing the number of residents who are physically active through all stages of life.

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 indicative costings for the inclusion of a 50m competition pool and associated infrastructure at MAISC are now available for Councillors’ consideration given factors such as operational and capital costing, demand assessment and suitability restrictions as well as the extensive infrastructure requirements in Mernda as a whole; there is not a strong justification for the provision of a 50m competition pool.


 

 

RECOMMENDATION

THAT Council resolve to:

1.   Note the report; and

2.   Advise the head petitioner.

cOUNCIL RESOLUTION

Moved:                       Cr Joseph

Seconded:               Cr Sterjova

 

THAT Council resolve to:

1.    Note the report;

2.    Receive a Report on this matter as previously resolved by Council at its Meeting of 12 February 2019 subsequent to Council’s consideration of the revised Mernda Regional Recreation Reserve masterplan; and

3.    Advise the head petitioner accordingly.

CARRIED

 

Division

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

 

For

Cr Pavlidis

Cr Kozmevski

Cr Alessi

Cr Cox

Cr Sterjova

Cr Joseph

Against

Cr Kirkham

Cr Monteleone

Cr Desiato

Abstained

Nil

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

carried

 


UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

6.2.2      Leisure Policies Update

Attachments:                        1        Sports Club Contribution Policy 2019

2        Epping Soccer Stadium Policy 2019

3        Summary of Key Changes to Leisure Policies   

Responsible Officer:           Director Community Services

Author:                                  Team Leader Sport & Recreation   

 

RECOMMENDATION SUMMARY

That Council resolve to adopt the Sports Club Contribution Policy 2019 (Attachment 1) and Epping Soccer Stadium Policy 2019 (Attachment 2).

KEY FACTS AND / OR ISSUES

At its meeting on 23 February 2016, Council adopted the current Sports Club Contribution Policy; and on 16 March 2010, Council adopted the current Epping Soccer Stadium (ESS) Policy. These two policies have been reviewed and undergone minor updates to reflect current industry regulations, trends and local club practices. 

The key changes proposed to both include:

Updated links to Council’s current strategic documents such as Whittlesea 2040 and templates;

Improved clarity of club and Council expectations regarding facility management, improvement and development process; and

Higher prioritisation of developing sporting pathways for women, and access for clubs based within the municipality.

 

 

Report

Background

Following the adoption of Whittlesea 2040: A Place for All and the Active Whittlesea Strategy 2019, two Council policies have been reviewed and updated to align to Council’s current strategic priorities and improve Council processes related to the use and financial contribution towards community sporting infrastructure.

Through reviewing and updating the two policies it is intended to:

·    Align with Whittlesea 2040 and Active Whittlesea Strategy 2019;

·    Strengthen the City of Whittlesea’s operational management and foster inclusivity across sporting settings/clubs; and

·    Ensure all sporting clubs and stakeholders have a clear understanding of Council processes and expectations.

The two policies reviewed and updated are:

Sports Club Contribution Policy 2019 – Provides a clear framework outlining the process for local sporting clubs to contribute towards the upgrade of Council owned community and sporting infrastructure. This policy provides an updated position on the existing Club In-Kind Policy adopted by Council during its meeting of 23 February 2016.

Epping Soccer Stadium (ESS) Policy 2019 - Provides a clear framework for the use, management and allocation of ESS. An updated policy provision is required as several stakeholders now access the site, and the existing policy is almost 10 years old. The existing policy was endorsed by Council during its meeting of 16 March 2010.

The proposed changes to both policies provide a greater level of procedural clarity for the clubs and the City of Whittlesea. Neither policy update differs significantly from the previously adopted policy. A summary of the key changes are shown at Attachment 3.

Policy Summaries

Sports Club Contribution Policy 2019

The Sports Club Contribution Policy 2019 builds upon the current Club In-Kind Contribution Policy, by providing a clearer framework and formalised process for clubs to request upgrades to community sporting infrastructure provided by Council to support local sporting clubs to deliver community sport and physical activity competition and training.

This policy outlines a clear process for Council to work in partnership with sports clubs to provide and upgrade quality sporting facilities to the community to an agreed standard and service levels; and provides a consistent and transparent approach to the capital development of Council’s sport and recreation facilities.

The Sports Club Contribution Policy process opens biannually, aligning closely with Council’s annual budgeting and maintenance planning cycle. This policy provides role clarity for both the City of Whittlesea and sporting clubs in the infrastructure development process, sets an expectation that clubs can contribute financially towards the improvement of facilities and outlines to clubs that proposals for upgrades to Council sporting infrastructure is a competitive process and Council has limited capacity to support, manage, monitor or fund projects.

The policy outlines three categories under which sporting clubs can request infrastructure upgrades:

·    Minor works: the donation of goods or services (including labour), to assist in the development of minor improvement works and maintenance projects. The value of projects in this category is typically up to $20,000.

·    Major improvement works: club requests for significant facility improvement or upgrade works. Improvement works requested under this category often sit outside of Council’s minimum standard of infrastructure provision, thus a higher proportion of club contributions is required. The value of projects in this category typically range from $20,000 to $50,000, such as significant kitchen upgrades, removal or reorientation of walls, storage upgrades etc.

·    Major capital works: works requested by clubs that may be undertaken as part of Council’s capital works program to create a new asset or space, or to change the use, function or layout of an existing asset or space. The value of projects in this category will generally exceed $50,000. Applications received in this category will be considered on a case by case basis pending club financials and alignment to Council’s New Works program. 

As outlined in the policy, all requests received will be assessed against the following four priority determinants, to ascertain those with the strongest strategic alignment to Council priorities:

a)   Asset Condition

b)   Participation and community benefit

c)   Utilisation

d)   Funding

Epping Soccer Stadium Policy 2019

The Epping Soccer Stadium Policy 2019 provides a clear framework for the use, management and allocation of ESS. An updated policy provision is needed to guide the ongoing operations and meet increasing demand as several stakeholders now access the site and the existing policy is almost 10 years old.

The existing policy does not reflect the current demand for or utilisation of the site, or respond to the current soccer participation trends within the city. The updated policy confirms Council’s position that:

·    No club will have exclusive use of the ESS or shall promote ESS to this effect.

·    This is a shared use facility and will be managed and allocated for use by the City of Whittlesea.

·    Locally connected clubs will have priority access for allocations.

The City of Whittlesea Soccer Strategy indicates that female soccer participation across the municipality is lower than female soccer participation rates across the state, which is increasing. The updated policy places a greater emphasis on growing female soccer participation, and supports priority action 4.1 of the City of Whittlesea Soccer Strategy that states Council will, ‘work in collaboration with all soccer clubs to establish a women’s National Premier League (NPL) participation pathway within the city’. Football Victoria has set a target of 50:50 gender participation rates by 2028 and the role of ESS is extremely important in providing the participation pathway for women’s soccer within the municipality.


 

Key Changes

A detailed comparison of the changes to both policies has been completed and can be found at Attachment 3.

Consultation

The updated policies respond to sports club feedback received throughout the course of the 2018 and 2019 winter sporting seasons, where officers work with local clubs. Feedback received during the development and implementation of the City of Whittlesea Soccer Strategy has also been central to the policy upgrades. Furthermore, throughout July 2019 Council officers liaised directly with the Soccer Clubs currently utilising ESS to ensure they are familiar with the updated policy.

Critical Dates

NIL

Financial Implications

There are no direct financial implications associated with the revised versions of either policy. It should be noted that potential project proposals from clubs under the Club Contribution Policy 2019 will be subject to funding as part of Council’s annual New Works Program and will be presented as part of future annual budget allocation processes, as required.  

Policy strategy and legislation

These policies are aligned to:

·    Whittlesea 2040 – Goal one Connected Community through increased physical activity rates (direction 1.2).

·    Active Whittlesea Strategy 2019 – Key Direction 3 Open Space / Infrastructure.

·    City of Whittlesea Soccer Strategy.

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

Implementation of these policies will contribute towards safer, adequate and fit-for-purpose provision of sport and recreation infrastructure across the municipality.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Connected community

Whittlesea 2040 Key Direction     A healthy and safe community

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

Council Priority                             Health and Wellbeing

Implementation of the updated Sports Club Contribution Policy 2019 and the Epping Soccer Stadium Policy 2019 will contribute to meeting goal one of Whittlesea 2040, to create liveable communities and neighbourhoods that actively support increased physical activity rates and connected communities.

Declarations of Conflicts of Interest

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

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

Conclusion

It is evident that local sporting clubs play a central role in creating opportunities for social connection, physical activity and community leadership. The proposed policy amendments will provide greater procedural and operational clarity for sporting clubs and Council, therefore creating opportunities for people within the municipality to become more physically active and live healthier lives.

 

RECOMMENDATION

THAT Council resolve to adopt the:

1.       Sports Club Contribution Policy 2019; and

2.       Epping Soccer Stadium Policy 2019.

Council Resolution

Moved:                       Cr Kozmevski

Seconded:               Cr Kirkham

 

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

Carried

 


UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                       Tuesday 6 August 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

6.3       City Transport and Presentation

6.3.1      Petition: Request to Install Raised Pavements on
Montville Street, Doreen

Attachments:                        1        Montville Street Raised Pavements   

Responsible Officer:           Director City Transport & Presentation

Author:                                  Team Leader Transport Engineering   

 

RECOMMENDATION SUMMARY

 

1.       Install two additional raised pavements in Montville Street, Doreen as part of the delivery of the Local Area Parking and Traffic Management Plan for Laurimar Primary School in 2020/21.

2.       Refer the concerns of driver behaviour and excessive speeds in Montville Street to Victoria Police.

3.       Advise the petitioners of Council’s decision on this matter.

KEY FACTS AND / OR ISSUES

·        Montville Street is a local road located in Doreen.

·        A petition signed by twenty-two (22) residents of Montville Street requesting Council install raised pavements in Montville Street was received.

·        Measured traffic speeds in Montville Street are moderately excessive given the function of the road, and it’s proximity to a primary school, local park and surrounding residential development.

 

Report

Background

This report is in relation to a petition tabled at the Council meeting held on Tuesday 2 April 2019.  The petition was signed by twenty-two (22) residents of Montville Street, and requested Council install speed humps on Montville Street, Doreen.  

The petitioners all reside in properties that have a frontage or side to their property abutting Montville Street, between Elliot Avenue and Chaucer Way.   A covering letter was submitted with the petition citing the following concerns summarised in support of the request for raised pavements:

·        Drivers have a total disregard for safe speed limits with vehicles traveling more than the 50km/h speed limit.

·        These high speeds are concerning residents living nearby the primary school, two sporting ovals, skate park and local children’s play area.

·        Speeding and hoon behaviour occurs throughout the night keeping residents awake and affecting the local amenity.

·        Reported on-street vehicle damage to parked cars has resulted in residents and their visitors avoiding parking on-street, therefore valuable on-street parking is not being optimised.

Council resolved to receive the petition and that a report be prepared. 

Discussion

Road Network and Land Use

Montville Street is a local street designed to accommodate in the order of 3,000 to 5,000 vehicles per day (vpd).  The 250m section between Elliot Avenue and Chaucer Way has a north-south orientation, is straight and is generally flat, and the 500m section between Chaucer Way and Laurimar Boulevard has a north to southwest orientation, a gentle horizontal curve and is also generally flat. 

The cross-section of the road provides for a traffic lane for each direction, indented parking in front of some residential properties and the school, strategically placed kerb extensions the width of the parking lane, 1.5m footpaths and 4.0m wide nature strips.  

Whilst Montville Street is a local street, it has a collector type road cross-section.  Due to its location within the broader road network and proximity to the Laurimar Shopping Centre (200m to the south), Montville Street was constructed with the potential to accommodate a bus route however it does not currently form part of a bus route.

Land use development surrounding the road is comprised of standard density residential properties, Laurimar Primary School, ovals, skate bowl and playground, refer Attachment 1.

Road Safety

The petitioners raised concerns regarding safety on Montville Street and report occurrences of hit and run crashes.

A review of VicRoads’ CrashStats (casualty crash database) indicates that there have not been any casualty crashes recorded in Montville Street over several years, from 1 January 2014 to 5 November 2018. VicRoads’ CrashStats is a database of motor vehicle crashes for which the Victoria Police has created a crash report; and where a person has been injured or a fatality has occurred.  

Council officers have inspected Montville Street and confirm that the road layout accords with the relevant engineering design standards and guidelines.

Traffic Conditions

The section of Montville Street, between Elliot Avenue and Bateleur Crescent, has a 50km/h speed limit and between Bateleur Crescent and Laurimar Boulevard there is a permanent 40km/h school speed limit.

Traffic surveys were conducted over a seven-day period in April - May 2019 at two locations; one in the 50km/h section where the petitioners reside and the other in the 40km/h section.  Results from both surveys are summarised below.

House No.
(Speed Limit)

Vehicles
per
Day

Speed (km/h)

Vehicles Over (km/h)

Max.
km/h

Ave

85th %ile1

40

50

60

70

No. 69

(50km/h)

1,603

48

55

820
(51%)

500
(31%)

58
(3.6%)

5
(0.3%)

92

No. 47
(40km/h)

1,973

41

46

972
(49%)

112
(6%)

3
(0.1%)

1

(0.04%)

78

1. ‘85%ile speed’ is the speed at which 85 per cent of motorists are travelling at or below; this is a factor used when determining the safe operating speed of road.

These results indicate:

·        Average speeds in the 50km/h section are 2km/h below, and the 85th percentile speed is 5km/h above the legal speed limit.

·        Average speeds in the 40km/h section are 1km/h above, and the 85th percentile speed is 6km/h above the legal speed limit.

Overall, traffic speeds are moderately excessive both for the 50km/h section and the 40km/h section, given the function of the road, especially when it is considered in context of the surrounding road network and land use developments, which in this case includes the Laurimar Primary School, ovals, skate bowl and playground.

Given that operating speeds are higher than the legal limit and this section of Montville Street abuts the Laurimar Recreation Reserve, and is near the Laurimar Primary School, there is merit in Council taking some form of intervention to reduce speeds.  This can be either in terms of requesting Victoria Police speed enforcement, action by Council in the form of periodic deployment of the Speed Observation Trailer, or the implementation of traffic calming works such as raised pavements by Council, or a combination of all three. 

Laurimar Primary School

Laurimar Primary School, which includes the ovals, skate bowl and playground within its precinct boundaries, has been identified as one of Council’s top five priority schools with concerns about road safety, parking and traffic operations matters to be addressed. 

For this reason, a draft Local Area Parking and Traffic Management Plan (LAPTM) to enhance safety, parking and traffic around the school had been prepared for implementation, scheduled in 2020/2021 (Attachment 1).  This is part of Council’s approach to improving road safety and parking around priority local schools across the city. The Montville Street section of the LAPTM includes a flat-top raised pavement at the children’s crossing between Bulimba Boulevard and Eagle Boulevard.

Due to moderately excessive traffic speeds in the section of Montville Street between Chaucer Way and Eagle Boulevard, and between Elliot Avenue and Chaucer Way, it is recommended that two additional flat top raised pavements be included as part of the LAPTM in these sections of Montville Street, thereby extending the traffic management measures within the precinct.

These additional treatments are shown on the draft LAPTM plan (Attachment 1) and will contribute to a speed reduction and an improvement in safety and amenity within the street and the area leading up to the school zone. 

Proposed Intervention

Victoria Police

Concerns about road safety and details of traffic conditions will be forwarded to the Victoria Police for further action and enforcement. 

Council

The installation of raised pavements in Montville Street as part of LAPTM around Laurimar Primary School will be effective in reducing traffic speeds and improve safety in the street.

Whilst Council’s Speed Observation Trailer can be deployed in the street, if raised pavements are installed, the deployment of the Speed Observation Trailer would be unnecessary.

Consultation

Should Council resolve to install raised pavements in the section of Montville Street, between Chaucer Way and Laurimar Boulevard, consultation with residents relating to the placement and design of the raised pavements will need to occur.

The twenty-two (22) petitioners represent all residential properties between Elliot Avenue and Chaucer Way, no additional consultation has been conducted on this matter at this stage.

Laurimar Primary School has indicated support for the LAPTM around the school.

Consultation with emergency services organisations will also be required.  However, as the emergency services organisations are generally supportive of raised pavements in local streets, agreement from these organisations is expected.

Critical Dates

There are no critical dates associated with this matter.  The raised pavements are planned to be implemented, if approved, in the financial year 2020/2021 to coincide with the roll out of treatments surrounding the Laurimar Primary School.

Financial Implications

Implementing the raised pavements as part of the precinct approach to traffic management around the Laurimar Primary School will enable economies of scale, and a co-ordinated community consultation approach. This project is scheduled for the 2020/21 (PID2248). The total estimated cost to implement two additional Montville Street raised pavements into the Local Area Parking and Traffic Management Plan for Laurimar Primary School is approximately $30,000 and can be incorporated within the existing budget allocations.

Policy strategy and legislation

City of Whittlesea Road Safety Strategy (2017):

          Address safety of all road users and path users.

Address driver behaviour and attitude towards vulnerable road users: pedestrians, cyclists, and motorcyclists.

City of Whittlesea Integrated Transport Strategy (2004):

          Action RF 2.2: Manage local roads to improve amenity and safety for users.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Connected community

Whittlesea 2040 Key Direction     A healthy and safe community

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

Council Priority                             Health and Wellbeing

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

Traffic speeds in Montville Street are moderately excessive given the function of the road, especially when it is considered in context of the surrounding road network, land use development and proximity to Laurimar Primary School.

If the high traffic speeds are to be addressed action by both Victoria Police and Council is required.

Concerns about road safety and details of traffic conditions will be forwarded to the Victoria Police for further action. 

The installation of raised pavements in Montville Street Doreen is recommended and will be effective in reducing traffic speeds.  The installation of two raised pavements is proposed to be undertaken as part of a broader Local Area Parking and Traffic Management Plan for Laurimar Primary School precinct, which is scheduled to occur in the 2020/21 financial year.

RECOMMENDATION

THAT Council resolve to:

1.       Install two additional raised pavements in Montville Street, Doreen as part of the delivery of the Local Area Parking and Traffic Management Plan for Laurimar Primary School in 2020/21.

2.       Refer the concerns of driver behaviour and excessive speeds in Montville Street to Victoria Police.

3.       Advise the petitioners of Council’s decision on this matter.

Council Resolution

Moved:                       Cr Sterjova

Seconded:               Cr Joseph

THAT Council resolve to adopt the Recommendation.

CarrieD UNANIMOUSLY

 


UNCONFIRMEDOrdinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                       Tuesday 6 August 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

6.3.2      Renewable Power Purchasing Agreement  

Responsible Officer:           Director City Transport & Presentation

Author:                                  Executive Officer Sustainability Flagship Project   

 

RECOMMENDATION SUMMARY

It is recommended that Council:

1.   Participate in the Local Government Power Purchase Agreement; and

2.   Authorise the Chief Executive Officer to sign the Participant Agreement and other enabling documents.

KEY FACTS AND / OR ISSUES

·    The Local Government Power Purchase Agreement (LG PPA) is a unique opportunity to purchase clean energy at low cost, supported by comprehensive cost analysis and market-testing results

·    Purchasing renewable power represents a significant step in our transition to becoming a 100% renewable power organisation and demonstrates Council’s Whittlesea 2040 Sustainable Environment goal of being leaders in clean, sustainable living.

·    Over 39 Victorian Councils are seeking to join this buying group, and the resulting Contract will be the largest single climate change action activity undertaken by Australian local government.

·    Through this agreement Council will convert 64% of its electricity to a renewable energy source.

·    Councils must confirm their participation through an Agreement by the 9th August 2019 before the project group goes to Tender. This is a once-off opportunity and is unlikely to be available again.

 

Report

Background

The LG PPA has been created after thorough business case and probity investigations confirmed that it is an effective way to reduce electricity costs for Council, while taking action on climate change by purchasing renewable energy.

The collective buying power of the 39 participating Councils could also deliver socio-economic benefits to regional Victoria by supporting investment in new renewable energy facilities.

The City of Whittlesea’s street light and small-market electricity accounts have been nominated for this Agreement. These accounts make up over 64% of Council’s total electricity load and moving them to the LG PPA would represent a major step toward being powered by 100% clean energy and realising Council’s goal of being leaders in clean, sustainable living.

The remaining 36% of Council’s electricity load comes from its 17 largest sites. Officers will assess other ways to transition this power to renewable sources, including through a dedicated renewable energy facility, or participation in a new regional, multi-sector PPA with local business, yet to be established.

Council’s existing sustainable project commitments will also continue alongside the LG PPA. This includes increasing the number of on-site solar and battery systems on our sites and investing in further building, street light, and fleet energy efficiency measures.

The LG PPA group is now preparing for the Tender stage of this project and Councils who wish to continue with this project are required to sign a Participation Agreement by 9th August 2019, prior to the tender process starting. This will ensure that the loads tendered to market are firm commitments upon which retailers will base their prices.

The Tender process and ongoing contract management will be led by the Municipal Association of Victoria (MAV). By signing this agreement, Council is committing to participate in the LG PPA, subject to tender responses meeting tender conditions that include cost parameters (based on cost modelling) and appropriate legal and probity protections.

Proposal

It is proposed that the City of Whittlesea participate in the LG PPA by signing an Agreement and purchasing its Street Lights and Small Market electricity accounts through the LG PPA contract from July 2020. The contract has a ten-year timeframe with interval price review options.

Consultation

This initiative has been led by Council’s Sustainable Projects Officer and Sustainability Flagship Executive Officer in consultation with the Procurement and Finance & Assets departments.

External consultation includes detailed cost forecast, legal, and contractual advice from industry-leading subject matter experts. The LG PPA project leads have implemented similar PPA’s for other consortiums and have provided ongoing support to Council officers confirming the suitability of this proposal for the City of Whittlesea.

Public consultation is not required.

Critical Dates

Councils are required to sign the Participant Agreement by 9th August 2019 to confirm their involvement. This will ensure that the loads tendered to market are firm commitments upon which retailers will base their prices. It will not be possible to join the LG PPA after this date.

The Contract Tender period will run from September to November 2019.

Contracts will be established from January to June 2020, and Council’s electricity accounts may then be rolled in after that date, as the existing Contracts expire.

Financial Implications

Electricity prices are highly variable and are influenced by a wide range of factors. One advantage of the LG PPA is that this part of Council’s electricity bill would be provided at a fixed price, simplifying forward budgets. However, the variability in retail prices also makes it difficult to confidently predict future retail product prices to compare against the fixed cost PPA contract.

Expert energy market economists have modelled Council’s likely future electricity costs based on different electricity market scenarios, to the best possible certainty in this changeable environment. They predict a potential difference of +/- $1.3million over ten years between Council’s current electricity product and the cost of the LG PPA fixed price contract. Council’s electricity budget is over $3million per year, so this is a potential variance of just +/- 4%.

The Tender process for the LG PPA will be administered by the Municipal Association of Victoria and it is necessary for Council to re-establish its membership with this organisation in order to participate in the tender.

There is also an up-front cost of $25,000 to cover the cost of procurement, including appropriate legal and probity advice.

Policy strategy and legislation

Whittlesea 2040, Goal 4: Sustainable Environment: Leaders in clean, sustainable living.

The Sustainability Flagship Project is one of the key vehicles to achieve this, and one goal under this project is to be powered by 100% Renewable Energy by 2022.

link to strategic risks

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

The risk of not participating is that Council will pay a higher price to establish and partake in a renewable power purchasing agreement without the group support; or forego the 100% renewable energy target due to lack of cost/risk mitigation in a singular arrangement.

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

Whittlesea’s climate is changing. By 2050 annual temperatures will rise between 2-3 degrees and there will be more extreme heat and more heat waves, which will have a significant impact on our future community’s financial security, health and wellbeing. This initiative is part of Council’s actions to mitigate climate change impacts and support renewable energy generation within our state.

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 promote sustainable development for housing, transport, public buildings and open spaces

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

The LG PPA is a unique opportunity to purchase renewable energy for low cost, and high confidence arising from the thorough preparatory processes undertaken, and the large, experienced buying group involved.

 

RECOMMENDATION

THAT Council resolve to:

1.       Participate in the Local Government Power Purchase Agreement; and

2.       Authorise the Chief Executive Officer to sign the Participant Agreement and other enabling documents.

 

Council Resolution

Moved:                       Cr Kozmevski

Seconded:               Cr Kirkham

 

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

Carried

 


UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

6.3.3      Food Waste Recycling Trial

Attachments:                        1        FOGO Trial Zones   

Responsible Officer:           Director City Transport & Presentation

Author:                                  Acting Manager City Presentation   

 

RECOMMENDATION SUMMARY

1.   Proceed with the introduction of a Food Waste Recycling Trial commencing in October 2019; and

2.   Commence seeking formal Australian Competition and Consumer Commission approval for the use of the Metropolitan Waste and Resource Recovery Group Organic Waste Disposal contract for the processing of organic waste material generated from any proposed municipal Food Waste Recycling service.

KEY FACTS AND / OR ISSUES

·    Organic waste typically contributes more than 40 per cent (by weight) of household garbage; therefore diverting it from landfill represents a significant opportunity for Council to support our community to reduce Greenhouse Gas emissions associated with waste.

·    The implementation of a trial will provide the information to identify whether, and in what form, a food collection service could be rolled out across the municipality.

·    Implementation of a food recycling service will provide community members with the opportunity to dispose of their food waste in a sustainable and environmentally responsible way, and will make a strong contribution towards the Whittlesea 2040 goal of a sustainable environment, and in particular, the key direction of Council being ‘leaders in clean, sustainable living’.

·    The trial is a first step in rolling out the food recycling service across the municipality, and will be associated with communications flagging the future introduction of a municipal-wide service.

 

Report

Introduction

This report details a proposal to undertake a food waste recycling trial to inform the operational parameters for the introduction of a municipal-wide service.

Background

In 2016-17, councils across metropolitan Melbourne sent an estimated 878,000 tonnes of municipal solid waste to landfill. Organic food waste is estimated to make up over 36 per cent of this landfilled garbage, with organic garden waste contributing a further eight per cent of this total.

Organic waste deposited within landfills is decomposed by bacteria in anaerobic conditions to produce methane, a potent greenhouse gas with at least 25 times stronger global warming potential than carbon dioxide. Most landfills serving metropolitan Melbourne collect some landfill gas, however keeping the organic material out of landfill is the most effective way of reducing emissions. For this reason improving the recovery of the organic material generated by community is a key goal of the State Government’s Victorian Organics Resource Recovery Strategy.

The State Government acknowledges the key role that Local Government plays in the delivery of waste management services to the community. It has therefore produced a variety of strategies to support Local Government in the implementation of Food Organic and Garden Organic (FOGO) collection services, including the Victorian Organics Resource Recovery Strategy and the Statewide Waste & Resource Recovery Implementation Plan.

Council currently provides a user pays kerbside garden waste bin collection service. Residents choosing to utilise this service can dispose of garden waste material within a 240 litre kerbside bin. 43,184 tenements (of 76,425, representing 56 per cent of the applicable properties) currently choose to utilise this service.

Under Council’s current kerbside collection arrangements residents are not able to dispose of their food waste within their garden waste bins. Council’s garbage bin audits demonstrate that more than 40 per cent (by weight) of the waste material within our community’s general waste bin is either food waste or garden waste. As this material is disposed of within landfill, diverting it to a more environmentally efficient processing facility provides a significant opportunity for Council to support the community to reduce its greenhouse gas emissions.  If all this organic waste was diverted it would reduce the communities total annual emissions by 41,529 tonnes per annum, the equivalent of approximately 9,000 cars.

Proposal

In order to progress this deliberation Council Officers presented a range of service options for the implementation of a FOGO service for community at Councillor Briefings on 4 December 2018 and 17 July 2019. Council Officers committed to further investigate the contractual and operational arrangements to accommodate this service expansion. As part of this investigation a trial of food recycling is proposed to inform the parameters of a future municipal-wide food recycling service.

The Victorian State Government has produced a best practice guide for councils seeking to introduce a FOGO collection service. This guide highlights the benefits of a “staged” approach to implementing any proposed service change.  The advantages of a staged approach are as follows:

·        Any unexpected negative outcomes are contained, addressed, and then mitigated;

·        Organics processing contractors can adjust to changes in the waste stream; and

·        Options can be trialled and refined to get a service model that is the ‘best fit’ for the community.

There are a range of potential service options that a food collection service could provide.  The service provided by some councils limit the range of organics that can be placed in the bin, by allowing fruit and vegetable scraps. Other services accept a wider range of organics including plate scrapings, meat, dairy, bones, and pet wastes. The main factors determining what is allowable in the FOGO bin are:

·        What the organics processor is able to receive. Fruit and vegetable scraps typically have lower odour risk than other materials. Some processors prefer to receive only fruit and vegetable scraps because they believe contamination rates will be higher if a wider range of food waste is received; and

·        Whether compostable bags and bin liners are used. Fruit and vegetable scraps have lower odour, mess, and pest risks than meat, dairy and pet wastes. These risks are reduced when compostable bags and bin liners are provided within a service.

Determining our community’s preferences for these issues, and determining their impact on waste diversion (i.e. how much extra material is diverted from the general rubbish bin, and how much contamination enters the green waste bin stream) is an important consideration as each of these factors impact the cost and environmental outcomes provided through the service.

It is proposed that a range of different service model configurations are trialled within selected trial zones, over a period of six months, to determine the best model to be considered in an eventual municipal-wide service rollout. To achieve this Council Officers have identified four trial zones within Council’s broader collection area. Each of these zones contains approximately 350 properties (1400 properties in total) that receive existing garden waste services. (Attachment 1).

Should Council resolve to proceed with the municipal-wide FOGO collection service following the analysis of the trial, a range of contractual and regulatory steps will follow, including obtaining approval from the Australian Competition and Consumer Commission to enter into a processing contract.

Consultation

The Communications Action Plan detailed within the State Government’s Best Practice Guidelines will be used as the basis for the trial’s community engagement and education program. The document provides strategies on dealing with a range of traditional challenges, including how to engage with culturally and linguistically diverse community members.

The plan proposes that communications will be split into three phases, including pre-trial information that will be provided to participants which will detail what can (and can’t) be put in green waste bins and address frequently asked questions, mid-trial communication where bin audits will be undertaken and a door-to-door survey will be conducted to determine participation rates and assess how households are finding the trial, and post-trial where participants will be able to attend a feedback session and be asked to complete a final survey.

Results will be communicated publicly through local media and council channels. Communications in trial areas will be coupled with broader communications across the municipality informing residents of the trial, and advising that the trial is the first step in the roll out of a municipal-wide food recycling service.

Critical Dates

It is proposed that the trial commence in October 2019 and conclude in March 2020. This timeframe will allow for the adopted service delivery model to be included in the 2020/21 Council budget deliberations.

Financial Implications

A budget of $70,000 has been estimated for undertaking the marketing, consultation, and operational process associated with the trial. Organic waste material generated as part of the trial will be processed at the facility that currently processes Council’s kerbside garden bin waste (the SUEZ Green Waste Processing Facility, located at Cooper Street Epping). The extra costs associated with this processing are not significant.  Funding for the trial will be drawn from Council’s Environmental Projects Reserve.

The current opt-in fee to residents for the provision of a Garden Waste Bin is $77 per service per annum.

The cost for the provision of a municipal-wide Food Recycling Service, based on a model that includes the provision of caddies and caddy bin liners, for a full service year is estimated to increase by $20, to an estimated $97 per service per annum. Under the proposal, all residents who previously opted-in to receive a Garden Waste Bin may be charged the increased fee for food waste recyclables processing, subject to Council’s deliberation.

Policy strategy and legislation

The food waste recycling trial aligns with actions in Council’s Waste and Resource Recovery Strategy 2012-2020 which seeks to assess trends in food waste processing technologies for consideration within its provision of waste services and directly aligns with a key direction within Whittlesea 2040 which seeks to reduce waste and increase recycling.

link to strategic risks

Strategic Risk Environmental - Failure to prevent significant negative impact of Council’s decisions on land use planning relating to contaminated sites

The provision of food waste recycling services can prevent the deposition of organic material into landfill, lessening their potential to pollute surrounding land and waterways, as well as reducing the community’s overall environmental footprint.

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

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

Organic waste typically contributes more than 40 per cent (by weight) of household garbage; therefore diverting it from landfill represents a significant opportunity for Council to support our community to reduce greenhouse gas emissions associated with waste. The implementation of a trial will provide the information to identify whether, and in what form, a municipal-wide food collection service should be implemented.

It is proposed that a range of different service model configurations are trialled within selected trial zones, over a period of six months, to determine the best model to be considered in an eventual municipal-wide service rollout. To achieve this Council Officers have identified four trial zones within Council’s broader collection area. Each of these zones contains approximately 350 properties (1400 properties in total) that receive existing garden waste services.

Implementation of a municipal-wide service for our community will provide community members with the opportunity to dispose of their food waste in a sustainable and environmentally responsible way and will assist council in achieving one of the key strategic directions within its Whittlesea 2040 Strategic Plan.

 

RECOMMENDATION

THAT Council resolve to:

1.       Proceed with the introduction of a Food Waste Recycling Trial commencing in October 2019; and

2.       Commence seeking formal Australian Competition and Consumer Commission approval for the use of the Metropolitan Waste and Resource Recovery Group Organic Waste Disposal contract for the processing of organic waste material generated from any proposed municipal Food Waste Recycling service.

Council Resolution

Moved:                       Cr Alessi

Seconded:               Cr Joseph

 

THAT Council resolve to:

1.    That Council in principle commits to the introduction of a FOGO (Food Organics/Garden Organics) service commencing February/March 2020 for residents who participate in Council’s Green Bin Garden Waste programme;

2.    Proceed with the introduction of a three-month Food Waste Recycling Trial commencing in the first week in October 2019;

3.    That the trial be based only on a model that includes the provision of caddies and compostable caddy bin liners;

4.    That Funding for the 2019/20 financial year be drawn from Council’s Environmental Projects Reserve which has been entirely funded from excess funds generated from the Garden Waste programme since its inception;

5.    That costings be provided in the report to include savings from landfill, costs for transport and incorporate normal administration costs for determination of any required increase above the current $77.00 for a green lid bin; and

6.    Commence seeking formal Australian Competition and Consumer Commission approval for the use of the Metropolitan Waste and Resource Recovery Group Organic Waste Disposal contract for the processing of organic waste material generated from any proposed municipal Food Waste Recycling service.

.

Carried

Division

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

 

For

Cr Pavlidis

Cr Kozmevski

Cr Kirkham

Cr Alessi

Cr Cox

Cr Desiato

Cr Sterjova

Cr Joseph

Against

Cr Monteleone

Abstained

Nil

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

carried

 


UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

6.4       Corporate Services

6.4.1      Contract Finalisation Report - Presented Quarter 1, FY 2020

Attachments:                        1        Details of finalised contracts - Confidential

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

Responsible Officer:           Director Corporate Services

Author:                                  Team Leader Procurement   

 

RECOMMENDATION SUMMARY

It is recommended that Council resolve to note finalisation of the following contracts:

•     2013-6           Kindergarten Furniture and Equipment

•     2013-9           Fuel and Associated Products

•     2014-15         Microsoft Software Agreements

•     2016-86         Darebin Creek Trail Stages 4-8, Childs Road to Findon Road

•     2016-116       Brush Road roundabout and road reconstruction

•     2016-151       Queenscliff Road drainage construction

•     2017-125       Painted Hills Recreation Reserve carpark

•     SR070801     Kerbside green organics mobile bin collection services.

KEY FACTS AND / OR ISSUES

For all finalised contracts:

·    All initial contract totals and any further variations were previously approved in reports presented to Council.

·    The contracts have all reached Final Completion and there are no outstanding matters.

 

Report

Background

This report seeks a Council resolution to note finalisation of several contracts from across the organisation.  The financial and other details of those contracts are listed in the confidential attachment.  The process of presenting a consolidated report in this format has been in place since July 2017.

VARIATIONS

On award of each contract Council approved an initial contract sum and funding arrangements. If any variations were required, another report seeking approval of those variations was later presented for Council’s consideration.

On Time / On Budget Reporting

In accordance with the Council’s endorsed Procurement Policy the extent of contracts delivered on time and on budget is detailed in the confidential attachment.

Delivery was considered on time if it was within the agreed delivery deadline.  Note that this could be either the original completion date or a later date approved by the contract manager.

The contract was considered delivered on budget if the final cost was within the initially approved total.  In the case of a service contract with extension options, the initially approved total also includes any reported expenditure estimate for a contract extension that was approved by the Council.

FINALISATION

The contracts listed in the confidential attachment have all reached Final Completion.  Wherever applicable, any remaining security deposit has been returned and the defects liability period has elapsed.  Each Contract Manager has confirmed there are no outstanding matters.

FUNDING

All contract expenditure was funded from operational budgets approved by the Council.

link to strategic risks

Strategic Risk Contractor Management - Failure to manage contractors to deliver agreed outcomes

The contract finalisation process ensures that issues affecting on time and on budget delivery of contracted works, goods and services are reviewed. This supports continuous improvement of contractor management capability and processes.

The process also ensures that all required contractual matters have been addressed. 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Our Council monitors and evaluates all of its operations

Council Priority                             Organisational Sustainability

Declarations of Conflicts of Interest

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

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

Conclusion

All contracts listed in the confidential attachment have been completed satisfactorily and all outstanding matters have been addressed.

 

RECOMMENDATION

THAT Council resolve to note finalisation of the following contracts:

·    2013-6        Kindergarten Furniture and Equipment

·    2013-9        Fuel and Associated Products

·    2014-15      Microsoft Software Agreements

·    2016-86      Darebin Creek Trail Stages 4-8, Childs Road to Findon Road

·    2016-116    Brush Road roundabout and road reconstruction

·    2016-151    Queenscliff Road drainage construction

·    2017-125    Painted Hills Recreation Reserve carpark

·    SR070801  Kerbside green organics mobile bin collection services.

 

Council Resolution

Moved:                       Cr Kozmevski

Seconded:               Cr Kirkham

 

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

Carried

 


UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

6.4.2      Part of Thomastown Primary School - Road Discontinuance

Attachments:                        1        Site Plan

2        Title Plan   

Responsible Officer:           Director Corporate Services

Author:                                  Senior Property Officer   

 

RECOMMENDATION SUMMARY

1.       Resolve to commence the statutory processes required under the Local Government Act 1989 to discontinue and vest a section of the road reserve (being approximately 737m2) which is exclusively occupied as part of the Thomastown Primary School. 

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

KEY FACTS AND / OR ISSUES

·        Council officers and representatives from the Department of Education & Training (DET) have entered in negotiations to discontinue and vest a section of the road reserve (being approximately 737m2) which is currently and exclusively occupied as part of the Thomastown Primary School (10 Spring Street Thomastown).  

·        The land, which is not considered essential for road purposes in its present form, would be discontinued and transferred to facilitate the establishment of a new kindergarten and early years facility.

·        This project is being delivered as part of Council’s endorsed Established Areas Infrastructure Plan (EAIP) which identified the need for additional kindergarten facilities to meet forecast demand in the Thomastown precinct by 2021. 

·        Council must seek public submissions on the proposed discontinuance under Section 206 and 223 of the Local Government Act 1989 with submissions invited for a period no less than 28 days.

·        The land has been valued at a price of $160,000 ($225/m2), however, an agreement has been reached (by both parties) that the land be gifted to the DET given their significant contributions to the establishment of a new kindergarten and early years centre ($650,000). The land will be offered under a long lease to Council (21 years with a 21 year further term) at a nominal annual rental of $1 per annum (if demanded).

 

Report

Background

Council officers and representatives from the Department of Education & Training (DET) have entered in to negotiations to discontinue and vest a section of the road reserve (being approximately 737m2) which is exclusively occupied as part of the Thomastown Primary School (see Attachment 1 – Site Plan and Attachment 2 - Title Plan).  

The land, which is not considered essential for road purposes in its present form, would be discontinued and transferred for the purposes of formalising their existing occupancy of the land, (school facilities already built in part of the road) and enabling a new kindergarten and early years facility that will be delivered by Council’s Major Projects department.

This project is being delivered as part of Council’s endorsed Established Areas Infrastructure Plan (EAIP) which identified the need for additional kindergarten facilities to meet forecast demand in the Thomastown precinct by 2021.  City of Whittlesea is committed to evidence based, best practice approaches to deliver social and physical infrastructure that ensures the provision of accessible quality services and programs, aligned to, and responsive to community needs and regulatory requirements.

Council has undertaken significant analysis of the projected need for kindergarten places in the established areas of the municipality. Taking into account factors such as current strong enrolments (taken as per Council’s Kindergarten Central Enrolment Scheme), birth rates, the condition and capacity of existing kindergartens, and the recent announcement of the State Government’s commitment to introducing 3 year old kindergarten for all families, this project has been identified as a high priority to accommodate the projected demand for places.

The EAIP recommends the delivery of a new and expanded two-room kindergarten on the Thomastown Primary School site which will make it well placed to meet growing demand for both 3 and 4 year old programs. This project will also provide capacity for enrolment, decanting and resourcing service continuity in the Thomastown and Lalor precincts during the implementation of the Established Areas Infrastructure Plan for Families, Children and Young People.

Proposal

To commence the statutory processes required under the Local Government Act 1989 to discontinue a section of the road reserve (being approximately 737m2) which is exclusively occupied as part of the Thomastown Primary School.

The discontinuance and proposed sale/transfer will formalise the ownership of the road with the Department Education & Training and enable a lease to be agreed with Council for the construction of a new kindergarten and early years centre.

Consultation

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

PUBLIC SUBMISSIONS

Public submissions will be invited on the proposed discontinuance under Section 223 of the Local Government Act 1989.  An advertisement will be placed in the Whittlesea Leader newspaper and Council’s website (public notice section) on Tuesday 13 August 2019, requesting that public submissions be received by 12 noon on Wednesday 11 September 2019.

Financial Implications

The land has been valued at an amount of $160,000 ($225/m2), however, an agreement has been reached (by both parties) that the land be transferred to the DET given their significant contributions to the establishment of a new kindergarten and early years centre ($650,000). The land will be offered under a long lease to Council (21 years with a 21 year further term) at a nominal annual rental of $1 per annum (if demanded).

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

DET has confirmed that the land would be acquired through an adverse possession claim in the event that the road discontinuance process was not pursued.

Policy strategy and legislation

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

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

This project is being delivered as part of Council’s endorsed Established Areas Infrastructure Plan (EAIP) which identified the need for additional kindergarten facilities to meet forecast demand in the Thomastown precinct by 2021. 

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                        The built environment in our community is universally accessible

Council Priority                             Planning and Infrastructure

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

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

Conclusion

The discontinuance and proposed sale/transfer will formalise the ownership of the road with the Department Education & Training and enable a lease to be agreed with Council for the construction of a new kindergarten and early years centre.

 

 

RECOMMENDATION

THAT Council resolve to:

1.       Invite public submissions in accordance with Section 206 and 223 of the Local Government Act 1989, on the proposed discontinuance of a section of the road reserve (being approximately 737m2) which is exclusively occupied as part of the Thomastown Primary School (10 Spring Street Thomastown). The land will be acquired by the Department of Education & Training (for a nominal value) and enable a peppercorn lease to be agreed with Council for the construction of a kindergarten and early years centre (21 years and a further term of 21 years).  

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

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

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

Council Resolution

Moved:                       Cr Kozmevski

Seconded:               Cr Kirkham

 

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

Carried

 

 


UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                       Tuesday 6 August 2019

 

PDF Creator


UNCONFIRMEDOrdinary Council Minutes                                                                  Tuesday 6 August 2019

 

6.4.3      Lease - Department of Treasury & Finance - Epping Police Station - 785 High Street Epping

Attachments:                        1        Site Plan & Photo

2        Floor 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 enter in a deed of surrender of lease with the Department of Treasury & Finance (on behalf of the ‘Victoria Police’) for Council’s premises located at 785 High Street, Epping. The current lease will be surrendered in favour a longer term lease.

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 Department of Treasury & Finance (on behalf of the ‘Victoria Police’) for Council’s premises located at 785 High Street, Epping.

KEY FACTS AND / OR ISSUES

·    Department of Treasury & Finance (‘DTF’ on behalf of the ‘Victoria Police’) has recently approached Council officers seeking approval to enter in a deed of surrender and renewal of lease for Council’s premises located at 785 High Street, Epping.

·    The office and car-