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Minutes

                                     

OF Ordinary
COUNCIL MEETING

HELD ON

Tuesday 3 September 2019

AT 6.30pm

In Council Chamber, 25 Ferres Boulevard, South Morang


Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

 

 

COUNCILLORS

 

LAWRIE COX                                   MAYOR, SOUTH WEST WARD

STEVAN KOZMEVSKI                    SOUTH WEST WARD

CAZ MONTELEONE                       SOUTH WEST WARD

KRIS PAVLIDIS                               SOUTH WEST WARD

TOM JOSEPH                                  DEPUTY MAYOR, NORTH WARD

RICKY KIRKHAM                            NORTH WARD

EMILIA LISA STERJOVA               NORTH WARD

SAM ALESSI                                    SOUTH EAST WARD

ALAHNA DESIATO                         SOUTH EAST WARD

NORM KELLY                                  SOUTH EAST WARD

MARY LALIOS                                 SOUTH EAST WARD


Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

 

 

SENIOR OFFICERS

 

 

HELEN SUI                                         ACTING CHIEF EXECUTIVE OFFICER

RUSSELL HOPKINS                         DIRECTOR COMMUNITY SERVICES

NICK MANN                                       DIRECTOR CITY TRANSPORT & PRESENTATION

NICK MAZZARELLA                          ACTING DIRECTOR CORPORATE SERVICES

LIANA THOMPSON                           DIRECTOR PARTNERSHIPS, PLANNING & ENGAGEMENT

MICHAEL TONTA                              MANAGER GOVERNANCE

 


Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

 

ORDER OF BUSINESS

 

The Chief Executive Officer submits the following business:

 

1.            Opening.. 9

1.1         MEETING OPENING AND PRAYER.. 9

1.2         ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT. 9

1.3         AWARDS …………………………………………………………………………..9

  SOCIAL PROCUREMENT AWARD…………………………………...………..9

  WORKSAFE AWARD ………………………………………………..................9

1.4            Present.. 10

2.            Apologies.. 10

3.            Declarations of Interest. 11

4.            Confirmation of Minutes of Previous Meeting.. 11

5.            Questions, Petitions and Joint Letters.. 12

5.1         Questions To Councillors.. 12

5.2         Petitions.. 12

5.2.1       Consideration of English Oak trees located in Matthews Court, Mill Park as inappropriate for a residential locality.. 12

5.3         Joint Letters.. 13

5.3.1       Preventing Further Housing or Building Development on and around Ormond Boulevard Bundoora.. 13

6.            Officers’ Reports.. 15

6.1         Partnerships, Planning & Engagement. 17

6.1.1       47 and 53 The Boulevard Thomastown - Construction of a three storey residential building comprising 20 dwellings.. 17

6.1.2       258 Mahoneys Road Thomastown - Amendment to Planning Permit 714406 to allow for the construction of a permanent crane with a height of 40 metres.. 173

6.1.3       Approval of the Cooper Street West Development Plan   191

6.1.4       Domestic Animal Welfare Support Policy.. 211

6.1.5       Assemblies of Council - 3 September 2019. 219

6.2         Community Services.. 223

Nil Reports.. 223

6.3         City Transport and Presentation.. 225

6.3.1       Response to petition for a cull of kangaroos around Laurimar.. 225

6.4         Corporate Services.. 233

6.4.1       2019-71 Temporary Agency Staff Management. 233

6.4.2       Committee of Council recommendation - Lease - Citywide Service Solutions - Epping Depot - 68-96 Houston Street Epping.. 237

6.4.3       Committee of Council recommendation - Lease - 3ME NETWORK AUSTRALIA (radio) - Part of 100W Great Eastern Way South Morang.. 245

6.4.4       Committee of Council recommendation - Lease - Ausnet Services - Mill Park Leisure Centre Redevelopment. 255

6.4.5       2019-20 Growing Suburbs Fund - Project Applications.. 261

6.4.6       2018/19 NEW WORKS PROGRAM - YEAR END REPORT. 277

6.4.7       Reappointment of Independent Member to the Audit & RIsk Committee.. 301

6.4.8       Quarterly Safety and Wellbeing report - June 2019 update   305

6.4.9       Certification of 2018-19 Financial Statements and unconfirmed minutes of the Audit and Risk Committee meeting.. 311

6.5         Executive Services.. 391

6.5.1       MEETINGS OF THE CHIEF EXECUTIVE OFFICER 25 JULY - 21 AUGUST 2019. 391

7.            Notices of Motion.. 395

7.1           Notice of Motion No 867 - Live Streaming of Council Meetings.. 395

7.2           Notice of Motion No 874 - Public Question Time.. 397

7.3           Notice of Motion 877 - Pokies Reform.. 399

                                      RESUMPTION OF DEBATE OF ITEMS 7.1 & 7.2…………………401

9.            Urgent Business.. 402

10.         Reports from Delegates Appointed to Council by Other Bodies. 402

             ACKNOWLEDGEMENT OF NICK MANN…………………………………………….402

11.         Confidential Business. 403

11.1       Partnerships, Planning & Engagement. 403

Nil Reports.. 403

11.2       Community Services.. 403

Nil Reports.. 403

11.3       City Transport and Presentation.. 403

Nil Reports.. 403

11.4       Corporate Services.. 403

11.4.1    Lease - Council land - South Morang.. 403

11.5       Executive Services.. 403

Nil Reports.. 403

11.6       Notices of Motion.. 403

Nil Reports.. 403

12.         Closure.. 404

 

 

Note:

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

 

 

 


Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

1.         Opening

1.1       MEETING OPENING AND PRAYER

The Acting 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       AWARDS

            PROCUREMENT AUSTRALIA – SOCIAL PROCUREMENT AWARD

On Friday 23 August 2019, the City of Whittlesea along with five other Northern Regional Councils, was presented with the Social Procurement Award by Procurement Australia for achieving excellent outcomes in a regional collaboration on our new contract for Security Services. The project resulted in the engagement of Southern Cross Protection (SCP) who partners with Specialised Recruitment Solutions and the Brotherhood of St Lawrence. SCP has committed to recruit 50% of its permanently deployed security officers in our region via social procurement programs – that’s at least 15 job opportunities created for people from disadvantaged backgrounds such as refugees, Aboriginals and the long term unemployed.

City of Whittlesea also received an honourable mention as runner-up for the Sustainable Procurement Award. This is well deserved recognition for a collaboration which was led by our organisation in partnership with the Cities of Wyndham and Port Phillip, along with the Supply Chain Sustainability School and EY ECO-Buy. The project outcome was the development of a web portal for suppliers and procurement staff that helps them to access their sustainability knowledge and access a wide range of multimedia learning resources to support them in their journey towards achieving better sustainability outcomes.

WORKSAFE AWARDS

I’m pleased to report that the City of Whittlesea is a finalist in two categories at this year’s WorkSafe Awards. Our Injury Management Advisor, Kate Rowe, is one of three finalists in the Return to Work Coordinator Excellence category. 

And we are one of three organisations nominated as a finalist in the Commitment to Workplace Health, Safety and Wellbeing category. Placing as finalists in two categories is a huge achievement and reflect the outstanding work and commitment of the organisation to improve staff health and safety and help injured workers return to work. 

Winners will be announced at the WorkSafe Awards Dinner at Melbourne Town Hall on 31 October.

 

 

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)

Cr Norm Kelly                      Councillor (South East Ward)

Officers:

Mrs Helen Sui                      Acting Chief Executive Officer

Mr Russell Hopkins             Director Community Services

Mr Nick Mann                      Director City Transport & Presentation

Mr Nick Mazzarella              Acting Director Corporate Services

Ms Liana Thompson            Director Partnerships, Planning & Engagement

Mr Michael Tonta                 Manager Governance


Cr Pavlidis entered the Council Chamber at 7:01PM during debate on Item 6.1.1 47 and 53 The Boulevard Thomastown – Construction of a three storey residential building comprising 20 dwellings.


2.         Apologies

The Mayor Cr Cox advised the Council that he had received an email from Cr Lalios as follows:

“I am advising that I will be on leave until 15 October 2019.  Although I was anticipating returning from leave after 23 August 2019, my personal circumstances changed.  Please table my apology and request for leave at the next council meeting, until the period above.”

APOLOGY

Cr Kelly moved that Cr Lalios be granted leave of absence for the period to 15 October 2019.

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Kirkham

 

THAT the Councillor be granted leave of absence for the period to 15 October 2019.

                                                                                                                                    LOST

 

Division

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

 

For

Cr Kirkham

Cr Kelly

Cr Monteleone

Cr Desiato

Against

Nil

Abstained

Cr Kozmevski

Cr Alessi

Cr Cox

Cr Sterjova

Cr Joseph

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

LOST

 

APOLOGY

Cr Alessi moved an apology and leave of absence for Cr Lalios for this meeting.

Council Resolution

Moved:                       Cr Alessi

Seconded:               Cr Sterjova

 

THAT the Councillor’s apology be received and leave of absence.

                                                                                                                                    Carried

 

3.         Declarations of Interest

 

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

4.         Confirmation of Minutes of Previous Meeting

Council Resolution

Moved:                       Cr Joseph

Seconded:               Cr Kozmevski

 

That the Minutes of the Ordinary Meeting of Council held 6 August 2019, as circulated, be confirmed.

 

Carried

 

 

5.         Questions, Petitions and Joint Letters

5.1       Questions To Councillors

NIL 

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    Consideration of English Oak trees located in Matthews Court, Mill Park as inappropriate for a residential locality

 

Petition received from 23 residents requesting Council consider the choice of tree (English Oak) that has been planted in Matthews Court, Mill Park as being inappropriate for a residential locality.

 

Council Resolution

Moved:                       Cr Alessi

Seconded:               Cr Desiato

 

THAT Council resolve to receive the petition regarding the English Oak trees planted in Matthews Court, Mill Park and that the Council Officers meet with the head petitioner and residents of Matthews Court, Mill Park to agree on a more suitable species for a residential locality.

 

Carried

 


Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

5.3       Joint Letters

5.3.1    Preventing Further Housing or Building Development on and around Ormond Boulevard Bundoora

Joint letter from 6 residents of Ormond Boulevard Bundoora regarding several building related issues affecting houses built in Ormond Boulevard Bundoora and adjoining streets.

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Desiato

THAT Council resolve to receive the joint letter requesting Council investigate concerns regarding the building foundations on and around Ormond Boulevard, Bundoora and that Council Officers continue to discuss these issues directly with the head petitioner.

Carried


Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

6.         Officers’ Reports

Council Resolution

Moved:                       Cr Sterjova

Seconded:               Cr Kozmevski

 

THAT Council resolve to adopt the Recommendations for item numbers 6.1.3, 6.1.4, 6.1.5, 6.3.1, 6.4.1, 6.4.4, 6.4.5, 6.4.6, 6.4.7, 6.4.9, 6.4.10, 6.5.1 .

Carried

 

 

Group Adoption of Items En Bloc

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

 

 

 


Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

6.1       Partnerships, Planning & Engagement

6.1.1      47 and 53 The Boulevard Thomastown - Construction of a three storey residential building comprising 20 dwellings

Attachments:                        1        Locality Maps

2        Architectural Plans

3        Environmental Sustainability Report

4        Stormwater Management Report

5        Traffic Report   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Planning Officer   

 

APPLICANT:                                  Spyros Nicolaou

COUNCIL POLICY:               21.09    Housing
22.11     Development Contribution Plan Policy
22.16     Housing Diversity and Design

ZONING:                               Residential Growth Zone

OVERLAY:                            Development Contributions Plan Overlay – Schedule 3

Special Building Overlay

REFERRAL:                          Melbourne Water

OBJECTIONS:                      Eleven (11)

RECOMMENDATION SUMMARY

That Council resolve to approve Planning Application No. 718184 and issue a Notice of Decision to Grant a Planning Permit, for the construction of a three-storey residential building (plus a basement) comprising 20 dwellings, at 47 and 53 The Boulevard Thomastown.

KEY FACTS AND / OR ISSUES

·    The application seeks a permit for the development of 47 and 53 The Boulevard with a three-storey residential building (plus a basement) comprising 20 dwellings.

·    This represents the second application for this site, where previously Council resolved to refuse Planning Permit Application No. 716144, for the construction of a four-storey residential building (including a basement) comprising 21 dwellings on 3 July 2018 following receipt of 24 objections and on the grounds that the application failed to comply with a number of Clause 55 requirements of the Whittlesea Planning Scheme.  This decision was appealed to VCAT, however later withdrawn.

·    Notification of the current application was undertaken and eleven objections were received. The main grounds of objection include: the triple storey nature of the built form, which does not accord with the existing neighbourhood character, overlooking overshadowing, the lack of available on-street car parking, waste collection, excessive noise, overdevelopment, construction impact and decreasing property values. These objections were considered however, the proposal is considered generally in accordance with the requirements of the Whittlesea Planning Scheme.

·    The proposal is appropriately located within a Residential Growth Zone, where increased densities are encouraged.

·    The subject site is also situated within the Neighbourhood Renewal Change Area under Council’s Housing Diversity Strategy (HDS), which encourages higher density housing.

·    The proposal accords with the purposes and design standards of Clause 52.06 – Car Parking as well as the objectives and standards of Clause 55 – ResCode of the Whittlesea Planning Scheme.

 

 

Report

SITE AND SURROUNDING AREA

The site comprises two residentially developed allotments located on the southern side of The Boulevard in Thomastown, approximately 380m northeast of the Thomastown train station (see Attachment 1 Locality Map). 

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

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

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

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

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

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

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

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

·    Thomastown train station (380m southwest);

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

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

·    Poplar Park (610m east);

·    Thomastown Primary School (710m southwest); and

·     Nick Ascenzo Park - (810m east).

restrictions and easements

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

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

The site is not covered by any easements. 

background

On 3 July 2018, Council resolved to refuse Planning Permit Application No. 716144, for the construction of a four-storey residential building (plus a basement) comprising 21 dwellings at 47 and 53 The Boulevard, on the grounds that this application failed to comply with a number of Clause 55 requirements of the Whittlesea Planning Scheme and received 24 objections from local residents including one petition with 72 signatures. This position was to be represented at Victorian Civil and Administrative Tribunal (VCAT) Merits Hearing on 20 September 2018, however the scheduled Merits hearing, and associated review was withdrawn by the applicant on 7 September 2018.

Proposal

The application seeks approval for the construction of a three-storey residential building (including a basement) comprising 20 dwellings (see Attachment 2 Architectural Plans).  The existing dwellings and associated structures will be demolished.  The proposal is summarised as follows:

§ The apartment building will be three storeys plus basement which is accessed from a single consolidated access point from The Boulevard. The maximum overall height of the development is 11.1m, noting that the height above the applicable floor level is 10.3m.

§ The proposed development consists of a mix of one- and two-bedroom apartments, with varying layouts and designs provided. There are 15, one-bedroom apartments and 5 two-bedroom apartments.

§ The internal size of the proposed apartments range from 56sqm to 79sqm.

§ The apartments are all allocated a single car space in the basement with individual storage areas of 6 cubic metres for each dwelling.

§ The design response proposes a double-storey base element with the upper level designed to include an angled roof profile that seeks to reference the proportions of dwellings in the surrounding context.

§ The proposed site coverage is 60%, with 20.5% permeability on site.

Basement   

·    20 car parking spaces;  

·    13 storage areas;

·    A waste storage area (bin room)

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

Ground Level

·    Dwelling Nos. 1 to 8 (seven one-bedroom and one two-bedroom apartments) and associated open space;

·    Seven external storage sheds;

·    Four visitor bicycle parking spaces; and  

·    An entry foyer.

First Floor (Level 1)

·    Dwelling Nos. 9 to 16 (seven one-bedroom and one two-bedroom apartments) and associated balconies.

Second Floor (Level 2)

·    Dwelling Nos. 17 to 20 (one one-bedroom and three two-bedroom apartments) and associated balconies.   

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

Dwelling No.

Height / Scale

No. of Bedrooms

Setbacks

Private Open Space

Car Parking

Dwelling No. 1

Single Storey (Ground Floor)

1

7.5m front (north)

3.7 m side (east)

18m² (balcony)

Min width 2.2m

One Space

Dwelling No. 2

Single Storey (Ground Floor)

1

3.7m side (east)

12m² (balcony)

Min width 2m

One Space

Dwelling No. 3

Single Storey (Ground Floor)

1

3.7m side (east)

12m² (balcony)

Min width 2m

One Space

Dwelling No. 4

Single Storey (Ground Floor)

1

3.7m side (east)

3.0m rear (south)

12m² (balcony)

Min width 2m

One Space

Dwelling No. 5

Single Storey (Ground Floor)

1

3.0m rear (south)

19m² (balcony)

Min width 2m

One Space

Dwelling No. 6

Single Storey (Ground Floor)

1

3.0m rear (south)

3.7m side (west)

 

12m² (balcony)

Min width 2m

One Space

Dwelling No. 7

Single Storey (Ground Floor)

1

 

3.7m side (west)

 

12m² (balcony)

Min width 2m

One Space

Dwelling No. 8

Single Storey (Ground Floor)

2

7.5m front (north) 8.0m side (west)

16m² (balcony)

Min width 2.2m

One Space

Dwelling No. 9

Single Storey (First Floor)

1

7.5m front (north)

3.7 m side (east)

18m² (balcony)

Min width 2.2m

One Space

Dwelling No. 10

Single Storey (First Floor)

1

3.7m side (east)

12m² (balcony)

Min width 2m

One Space

Dwelling No. 11

Single Storey (First Floor)

1

3.7m side (east)

12m² (balcony)

Min width 2m

One Space

Dwelling No. 12

Single Storey (First Floor)

1

3.7m side (east)

3.0m rear (south)

12m² (balcony)

Min width 2m

One Space

Dwelling No. 13

Single Storey (First Floor)

1

3.0m rear (south)

19m² (balcony)

Min width 2m

One Space

Dwelling No. 14

Single Storey (First Floor)

1

3.0m rear (south)

12m² (balcony)

Min width 2m

One Space

Dwelling No. 15

Single Storey (First Floor)

1

 

3.7m side (west)

 

12m² (balcony)

Min width 2m

One Space

Dwelling No. 16

Single Storey (First Floor)

2

7.5m front (north) 7.1m side (west)

16m² (balcony)

Min width 2.2m

One Space

Dwelling No. 17

 

 

Single Storey (Second Floor)

2

10m front (north)

6.0m side (east)

3 balconies

1 x 16m²

Min width 2.5m

1 x 4m²

Min width 2m

 

One Space

Dwelling No. 18

 

 

Single Storey (Second Floor)

1

3.7m side (east)

8m rear (south)

2 balconies

1 x 16m²

Min width 2m

1 x 7m²

Min width 1.8m

One Space

Dwelling No. 19

 

 

Single Storey (Second Floor)

2

3.7m side (west)

8m rear (south)

3 balconies

1 x 18m²

Min width 2m

1 x 7m²

Min width 1.8m

1x3.6m²

Min width 1.8m

One Space

Dwelling No. 20

Single Storey (Second Floor)

2

7.5m front (north) 7.1m side (west)

16m² (balcony)

Min width 2.2m

One Space

Public Notification

The application was advertised by way of sending notices to adjoining property owners and occupiers as well as a sign at the front of the site.  11 objections were received, the grounds of objection can be summarised as follows:

·    The triple storey nature of the dwellings, which does not accord with the existing neighbourhood character;

·    Overlooking into the adjoining land;

·    Overshadowing adjoining land;

·    The structural impact of the basement construction;

·    Rubbish bin placement;

·    Insufficient car parking;

·    Increases in traffic;

·    Overdevelopment of the site;

·    The lack of available on-street car parking;

·    Property value;  and

·    Excessive noise.

HOUSING DIVERSITY STRATEGY

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

The HDS is a reference document in the Planning Scheme.

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

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

·    A range of medium building heights;

·    Building heights that achieve passive surveillance;

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

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

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

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

·     Landscaping to complement medium to higher density-built form.

 

AMENDMENT C200

Amendment C200 is the second stage of implementation of the Housing Diversity Strategy (2013-2033) in the Whittlesea Planning Scheme, which focuses on identifying the appropriate statutory tools to achieve the key strategic objectives of the Housing Diversity Strategy (2013-2033).

The amendment makes changes to schedules for the Residential Growth Zone and General Residential Zone, introduces the Housing Diversity and Design Policy, and applies to the established areas of the municipality – Lalor, Thomastown, Mill Park, Bundoora, and parts of Epping and South Morang.

Amendment C200 was approved on 9 May 2019. The zoning of the land (Residential Growth Zone - Schedule 1) now includes the following specific Clause 55 requirements:

Ø Standard B6 Minimum street setback

Where there is an existing building on both the abutting allotments facing the same street, and the site is not on a corner, the minimum front setback:

Is one metre less than the average distance of the setbacks of the front walls of the existing buildings on the abutting allotments facing the front street, and

Must not be less than 3 metres.

 

Ø Standard B28 Private open space

An area of 40 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 25 square metres, a minimum dimension of 3 metres and convenient access from a living room, or

A balcony of:

8 square metres with a minimum width of 2 metres and convenient access from a living room for 1-2 bedroom dwellings, or

12 square metres with a minimum width of 2.4 metres and convenient access from a living room for 3 or more bedroom dwellings, or

A roof-top area of 10 square metres with a minimum width of 2 metres and convenient access from a living room.

ASSESSMENT AGAINST CLAUSE 55 OF THE WHITTLESEA PLANNING SCHEME

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

·    Must meet all of the objectives

·    Should meet all of the standards

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

As the proposed development is for a residential apartment building less than four storeys Clause 55.07 of the Whittlesea Scheme additionally applies, which includes the following Clause 55 standards: B35 Energy Efficiency, B36 Communal Open Space, B37 Solar access to communal outdoor space, B38 Deep soil areas and canopy trees, B39 Integrated water, B40 Noise impacts, B41 Accessibility, B42 Building entry and circulation, B43 Private open space above ground floor, B44 Storage, B45 Waste and recycling, B46 Functional layout, B47 Room depth, B48 Windows and B49 Natural Ventilation.

Please note in this instance the following Clause 55 Standards do not apply to the proposed developments: B10 Energy Efficiency, B11 Open Space, B24 Noise Impacts, B25 Accessibility and B30 Storage.

 

 

 

 

 

 

 

 

 

 

 

 

ü - Compliance
× -  Non compliance

Objectives

Standards

Comments

B1

Neighbourhood Character

P

P

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

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

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

Whist the triple storey building height is higher than the existing built form, the development is well articulated and provides appropriate use of materials and finishes to deliver a building that appropriately references the suburban residential nature of the location.

The triple storey building height has been designed to a human scale, with a gradual transition from the dominant single and double storey-built form and is expected to positively enhance passive surveillance of the area and the opportunities for the provision of canopy trees and deep soil planting. 

Finally, the site coverage ratios, usability of the balconies / secluded private open space and landscaping opportunities within the site are all acceptable and consistent with Council’s Housing Diversity Strategy and the specific Clause 55 requirements to the zone (recently introduced via C200 amendment).  

B2

Residential Policy

P

P

The site is located within a Residential Growth Zone and is within a Neighbourhood Renewal Change Area of Council’s Housing Diversity Strategy. 

The proposed building height is considered to be of a human scale and built form is innovatively designed to integrate with the existing housing stock. 

In addition, the siting and massing of the built form and design of the dwellings is consistent with the zoning of the site and Council’s Housing Diversity Strategy.

B3

Dwelling Diversity

P

P

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

B4

Infrastructure

P

P

 

B5

Integration with the street

P

P

The entry / lobby is clearly identified from The Boulevard. It provides a sense of address and identity for the proposal. In conjunction with balconies and dwellings that front the street, the proposal provides a well-articulated and activated frontage to the public realm.

All vehicle access is via a single crossover to maximise landscaping opportunities at the street frontage.

In addition, no front fence is proposed.

B6

Street setback

P

P

The design response proposes a front setback of 7.5m to the street, this setback complies with the specific requirement of the schedule to the zone (Residential Growth Zone Schedule 1).

B7

Building height

P

P

The maximum building height for the proposed building is 11.1metres, which despite the increase Finished Floor Level requirements of the Special Building Overlay, achieves compliance with the maximum allowable height of 13.5 metres.

B8

Site coverage

P

P

The site coverage is 60% which complies with the standard.

B9

Permeability

P

P

On site permeability is 20.5% of the total site area, which complies with the standard

B10

Energy efficiency

N/A

N/A

 

B11

Open space

N/A

N/A

 

B12

Safety

P

P

The dwellings have easily identifiable front entries from the common foyer.

Car parking for all dwellings is appropriately located within the secure basement.

Proposed planting will not create unsafe spaces along streets and accessway.

B13

Landscaping

P

Condition

A Landscape plan will be required to be provided should a permit be issued. 

B14

Access

P

P

The removal of two crossovers and replacement with one single crossover is compliant with the standard and maximises on street parking.

B15

Parking location

P

P

Car parking spaces are conveniently located within the basement.

B17

Side and rear setbacks

P

x

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

B18

Walls on boundaries

N/A

N/A

 

B19

Daylight to existing windows

P

P

 

B20

North-facing windows

N/A

N/A

 

B21

Overshadowing open space

P

P

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

Submitted shadow diagrams (Attachment 2 pp. 14-17) demonstrate that the secluded private open spaces of adjoining properties will not be unreasonably overshowed by proposed development.

B22

Overlooking

P

Condition

The use of planter boxes for the balconies of dwelling at first and second level to address overlooking is considered a high-quality design response providing an innovative response to the standard as well as ensuring better internal amenity.

All other first and second floor windows along the south, east and west elevations will be screened with obscure glazing or windows sill heights of 1.7m in accordance with Standard B22 – Overlooking of Clause 55 – ResCode, this will be included as a condition should a permit be issued as this matter is not clearly outlined on submitted plans.

B23

Internal views

P

P

 

B24

Noise impacts

N/A

N/A

 

B25

Accessibility

N/A

N/A

 

B26

Dwelling entry

N/A

N/A

 

B27

Daylight to new windows

P

P

All dwellings will receive adequate daylight into new habitable room windows in accordance with the requirements of this standard.

B28

Private open space

P

P

At the ground floor, each dwelling is provided with elevated balconies.

At the first and second level each dwelling is provided with appropriate dimensioned balconies.

The dimensions and sizes of balconies achieve compliance with the requirement of this standard, and the specific requirements to the zone.

B29

Solar access to open space

P

P

 

B30

Storage

N/A

N/A

 

B31

Design detail

P

P

The proposed development is an appropriate response to the existing and preferred neighbourhood character of the site and presents an opportunity for the development to merge the existing built form with a contemporary design.

The proposal appropriately responds to the site and surrounding area by providing appropriate façade articulations, material variations, height and setbacks.

B32

Front fences

P

P

No front fence is proposed.

B33

Common property

P

P

 

B34

Site services

P

Condition

The proposal has been designed to ensure that site services can be installed and easily maintained within accessible locations throughout the development.

Bin storage areas and storage units are provided and blend in with the development.

Whilst mailboxes locations are not provided on the submitted plans, this can be addressed via a condition should a permit be issued. 

 

B35

Energy Efficiency

P

P

The objective of this standard is to achieve and protect energy efficient of dwellings and buildings.

The proposed building has been designed to minimise energy consumption and has adopted relevant environmental sustainability design (ESD) principles throughout. ESD initiatives are outlined in the ESD report prepared by Low Impact Development Consulting (Attachment 3)

More specifically, the proposal has been designed to maximise energy efficiency and each dwelling will achieve an average of 6.7 starts (10% improvement on 6 starts) across the development.

Where possible living areas and private open space have been oriented on the north side of the development.

B36

Communal Open Space

N/A

N/A

 

B37

Solar access to communal outdoor space

N/A

N/A

 

B38

Deep soil areas and canopy trees

P

P

This standard promotes climate responsive landscape design and water management to support thermal comfort and reduce the urban heat island effect.

The layout of the development and extent of the basement provides sufficient space for landscaping around the perimeter of the building.

The development is capable of providing canopy trees within deep soil areas within the 5m front setback and 3m rear setback.

Additionally, the perimeter of the site has access to natural soil volume, which will be able to support the planting of medium and large canopy trees, exceeding the requirement of 1 medium canopy tree per 50sqm recommendation.

B39

Integrated water

P

Condition

This standard encourages the use of alternative water sources such as rainwater, stormwater and recycled water.

As per the submitted Stormwater Management Report prepared by Low Impact Development Consulting (Attachment 4), the proposal has been designed to capture and make use of alternative water sources such as rainwater and stormwater runoff. Specifically, the rainwater collection and reuse system is projected to avoid up to 10,000 litres of mains water consumption per year.

However, the proposed stormwater sensitive designs are not outlined on the submitted architectural plans, therefore a water sensitive urban design plan will be required as a condition should a permit be issued.

B40

Noise Impacts

P

P

The objective of this standard is to protect residents from external and internal noise sources.

Noise from the carpark and associated lift system can be addressed with appropriate equipment selection and isolation from the building structure.

The proposed noise sensitive rooms adjoining the lift will be constructed to include acoustic attenuation measures to reduce noise levels from onsite noise sources.

Noise from domestic waste collection can be controlled by adherence to the EPA (Vic) Publication No. 1254, Noise Control Guidelines, this should be addressed via a waste managed plan.

B41

Accessibility

P

P

The objective of this standard it to ensure the design of dwellings meets the needs of people with limited mobility. And requires at least 50 per cent of dwellings should have:

·      A clear opening width of at least 850mm at the entrance to the dwelling and main bedroom.

·      A clear path with a minimum width of 1.2 metres that connects the dwelling entrance to the main bedroom, an adaptable bathroom and the living area.

·      A main bedroom with access to an adaptable bathroom.

·      At least one adaptable bathroom that meets all of the requirements of either Design A or Design B specified in Table B7.

The internal layout of the majority of the proposed apartments have been designed to ensure they can be easily accessed and/or can be easily retrofitted to meet the needs of people with limited mobility.

Specifically, over 50 per cent of apartments meet the accessibility requirements, confirming the proposal’s compliance with this standard.

B42

Building entry and circulation

P

P

The objective of this standard is to provide each dwelling and building with its own sense of identity.

The overall development has been designed to provide their own sense of identity and address. The proposed sheltered building entry has been designed to be convenient and clearly identifiable from the street.

The internal layout of the building also provides for the safe, functional and efficient movement of residents in and around the building whilst ensuring adequate natural ventilation and solar access to common areas.

B43

Private open space above ground floor

P

P

This standard is to ensure adequate private open space is provided for the reasonable recreation and service needs of residents. And requires dwellings to have private open space consisting of:

·      An area of 15 square metres, with a minimum dimension of 3 metres at a podium or other similar base and convenient access from a living room, or

·      A balcony with an area and dimensions specified in Table B8 and convenient access from a living room.

Table B8

Dwelling Type

Minimum area

Minimum dimension

Studio or 1 bedroom

8sqm

1.8m

2 bedroom dwelling

8 sqm

2m

3 + bedroom dwelling

12 sqm

2.4m

The proposal provides adequate private open space (balconies) for the reasonable recreation and service needs of residents.   Specifically, all apartments meet the prescribed minimum areas and minimum dimensions requirements for balconies.

B44

Storage

P

Condition

This standard is to ensure that all dwellings have  convenient access to usable and secure storage space. And requires the total minimum storage space (including kitchen, bathroom and bedroom storage) should meet the requirements specified in Table B9.

 Table B9

Dwelling type

Total minimum storage

Minimum storage volume within the dwelling

Studio

8 cubic metres

5 cubic metres

1-bedroom dwelling

10 cubic metres

6 cubic metres

2-bedroom dwelling

14 cubic metres

9 cubic metres

3 or more-bedroom dwelling

18 cubic metres

12 cubic metres

6 cubic metres of external storage spaces are proposed for each dwelling, it is unclear whether the proposal meets the required minimum storage volume within the dwelling, therefore minor modifications of storage arrangement will be required, and this can be addressed via a condition should a permit be issued.

 

B45

Waste and recycling objectives

P

Condition

This standard is to ensure the followings:

·      dwellings are designed to encourage waste recycling.

·      waste and recycling facilities are accessible, adequate and attractive.

·      waste and recycling facilities are designed and managed to minimise impacts on residential amenity, health and the public realm.

The proposal has been designed to ensure that waste and recycling facilities are accessible, adequate and attractive. The waste storage room nominated within the basement car parking area is acceptable, however a waste management plan is not submitted as a part of the application.

The refuse bins are proposed to be stored in the basement car park and would be serviced by a 6.35 m long waste collection vehicle from within the basement car park by a private contractor.

Council’s Waste Management and Resource Recovery Strategy (‘The Strategy’) sets out the requirements for the storage and collection of waste for medium density development. The Strategy also states developments of six or more dwellings are required to provide on-site waste collection services within the confines of the development, unless permitted otherwise by officers.

Private collection is required for the proposed development and this can be addressed via a condition requiring a waste management plan be submitted and approved in accordance with council’s Waste Management and Resource Recovery Strategy.

B46

Functional layout

P

P

This standard is to ensure dwellings provide functional areas that meet the needs of residents.

Bedrooms should:

·      Meet the minimum internal room dimensions specified in Table B10.

·      Provide an area in addition to the minimum internal room dimensions to accommodate a wardrobe.

 

Table B10

Bedroom type

Minimum width

Minimum depth

Main bedroom

3 metres

3.4 metres

All other bedrooms

3 metres

3 metres

 

Living areas (excluding dining and kitchen areas) should meet the minimum internal room dimensions specified in Table B11.

Table B11

Dwelling type

Minimum width

Minimum area

Studio and 1-bedroom dwelling

3.3 metres

10 sqm

2 or more-bedroom dwelling

3.6 metres

12 sqm

The proposal has been designed to ensure all dwellings are provided functional areas that meet the needs of residents. Specifically, all bedrooms and living areas meet or exceed the prescribed requirements.

 

B47

Room depth

P

P

The purpose of this standard is to allow adequate daylight into single aspect habitable rooms.

This standard specifies the followings:

Single aspect habitable rooms should not exceed a room depth of 2.5 times the ceiling height.

The depth of a single aspect, open plan, habitable room may be increased to 9 metres if all the following requirements are met:

·      The room combines the living area, dining area and kitchen.

·      The kitchen is located furthest from the window.

·      The ceiling height is at least 2.7 metres measured from finished floor level to finished ceiling level. This excludes where services are provided above the kitchen.

The room depth should be measured from the external surface of the habitable room window to the rear wall of the room.

The proposal has been designed to ensure adequate daylight is provided to all single aspect rooms. Specifically, all apartments have 2.7m clear ceilings over living spaces and meet the standards for room depth.

B48

Windows

P

P

This standard is to ensure adequate daylight into new habitable room windows.

The proposal has been designed to allow adequate daylight to filter into habitable rooms across the development. Specifically, all windows of habitable rooms are located on an external façade.

B49

Natural ventilation

P

P

This standard is to encourage natural ventilation of dwellings and allow occupants to effectively manage natural ventilation and requires the design and layout of dwellings to maximise openable windows, doors or other ventilation devices in external walls of the building, where appropriate.

The proposal has been designed to encourage the natural ventilation of the apartments across the development. All habitable rooms have been provided with convenient access to an external window to effectively manage the natural ventilation within the dwelling/building.

More than 40 per cent of the proposed dwellings can achieve cross ventilation, which complies with the objectives of this standard.

CAR PARKING 

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

Dwelling No.

No. of bedrooms

Car spaces required

Car spaces provided

Complies

1-7, 9-15,8

1

1

1

Yes

8,16,17,19,20

2

1

1

Yes

Visitor

N/A

Not Required

0

Yes

Pursuant to Claus 52.06-5 of the Whittlesea Planning Scheme, visitor car space is not required as the subject site is identified as being within the Principal Public Transport Network Area as shown on the Principal Public Transport Network Area Maps (State Government of Victoria, August 2018).

The proposal is also assessed with the following Design Standards: -

Requirements

Compliance

Comment

Number of Car Parking Spaces Required Under Table 1

P

 

The proposed on-site parking provision of 20 spaces satisfies the proposal’s statutory parking requirements of 20 occupier spaces

Design Standard 1 – Accessways

x

The width of the access way at the entrance to the proposed development is 0.5m less than the required 6.1m, it is considered this 0.5m variation is acceptable as the submitted swept paths indicates vehicles can safely entering and existing the basement car parking simultaneously (please refer to Attachment 5 Traffic Assessment Report). 

In addition, the provision of 300 mm wide kerbs along the length of the ramp are provided in accordance with Australian Standard.

Design Standard 2 – Car Parking Spaces (dimensions)

P

The dimensions of all car parking spaces accord with the requirements and all vehicles can safely enter and exit all parking bays.

Design Standard 3 – Gradients

P

The proposed basement parking gradients comply with the requirements of Clause 52.06-9 of the Whittlesea Planning Scheme (design standard 3) and the Australian Standards for off-street car parking, AS 2890.1:2004.

Design Standard 4 – Mechanical Parking

N/A

 

Design Standard 5 – Urban Design

P

The proposed basement car park and accessway design satisfies the requirements of this standard.

Design Standard 6 – Safety

P

Car parking for all dwellings is appropriately located secure within the basement.

Design Standard 7 – Landscaping

N/A

 

bicycle facilities 

Clause 52.34 of the Whittlesea Planning Scheme prescribes the rate of bicycle parking spaces. As the proposed residential building is less than 4 storeys, this particular provision does not apply to the proposed development.  Notwithstanding there being no requirement, the proposal includes provision for ground level bicycle parking at the entrance to the building.

DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY (SCHEDULE 3)

The site is affected by the Development Contributions Plan Overlay.  Pursuant to Clause 45.06 of the Whittlesea Planning Scheme, the Development Contributions Plan Overlay enables the levying of contributions for the provision of works, services and facilities prior to development commencing.  Schedule 3 to the Overlay requires contributions for drainage infrastructure for medium density residential development at a current rate of $2.19 per square metre of the total site area.  This requirement must be included as a condition on any planning permit that is issued.

SPECIAL BUILDING OVERLAY

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

Comparison with previous decision

Although the previous proposal was for a larger building, it is important to understand the previous issues and themes and how the current proposal differs and addresses those issues.  A comparison is provided in the table below:

 

Grounds of Refusal

Previous Proposal

Current Proposal

Clause 55.02-1 - Neighbourhood Character

The previous proposal lacked elements from the existing character such as us of brick features, development scale at four storeys and space for setbacks and landscaping.

 

Elements of the current proposal include the use of brick, pitched roof elements, greater setbacks, reduced form and greater provision for landscaping.

Clause 55.02-2 - Residential Policy

The previous proposal whilst appropriately located, lacked a satisfactory response to Council’s Housing Diversity Strategy (HDS) through built form/massing, landscaping opportunities and setbacks.

The siting and massing of the built form and design of the current residential building is more appropriate and consistent with the zoning and Housing Diversity Strategy (HDS) through reduced height, mass, form, increased setbacks and increased landscaping opportunities.

Clause 55.02-5 – Integration with the Street

The previously proposed fencing and landscaping treatments within the front setback resulted in unacceptable integration with The Boulevard. 

The entry / lobby of the current proposal is clearly identified from The Boulevard. It provides a sense of address and identity for the proposal. In conjunction with balconies and dwellings that front the street, the current proposal provides a well-articulated and activated frontage to the public realm.

Clause 55.03-2 – Building Height

The previous maximum building height was 14.7m. 

The proposed maximum building height is now 11.1metres (3.6m less).

Clause 55.03-4 – Permeability

The previous proposal only included a pervious area of 17.5% of the site. 

The on-site permeability of the current proposal is 20.5% of the total site area (3% greater).

Clause 55.03-8 – Landscaping

The previous setbacks of 1.1m from the side boundaries and 1.9m from the rear boundary did not allow sufficient space for landscaping and where possible were shallow planting conditions.

The current proposal can accommodate canopy trees within deep soil areas within the 5m front setback and 3m rear setback. Additionally, the perimeter of the site has access to natural soil volume, which will be able to support the planting of medium and large canopy trees.

Clause 55.04-5 - Overshadowing Open Space

The previous proposal generated shadow over the existing secluded private open spaces of adjoining properties due to its built form and height.

The secluded private open spaces of adjoining properties will not be unreasonably overshowed by the current proposal as a result of the reduced building height and built form.

Clause 55.04-6 – Overlooking

The previous proposal relied on excessive use of screening to address overlooking.

The current proposal nominates the use of planter boxes for the balconies at first and second level to address overlooking, providing an innovative response to balance overlooking and internal amenity.

Clause 55.05-1 – Accessibility

Universal design and access was not considered with the previous proposal.

The internal layout of the majority of the apartments have been designed to ensure they can be easily accessed and/or can be easily retrofitted to meet the needs of people with limited mobility.

Clause 55.05-4 - Private Open Space

Previously several dwellings failed to satisfy the minimum open space requirements and several balconies were entirely screened, impacting on internal amenity

The current proposal provides adequate private open space and meets the minimum areas and minimum dimension requirements for balconies.

Clause 55.05-6 – Storage

Previously, sufficient external storage areas were not provided for all dwellings.

Storage spaces are provided for all apartments and meet minimum requirements.

Clause 55.06-1 - Design Detail

The previous proposed finishes were contemporary and clean, with a lack of articulation on the building. 

The proposed use of characteristic materials, planter boxes, and reduced third floor all provide a greater response to the design detail of the area.

Clause 55.06-2 – Front Fences

The previous design response included a 1.6m high steel frame front fence.

No front fence is currently proposed.

Clause 55.06-4 - Site Services.   

Private waste collection was previously nominated to occur from The Boulevard where a large 660litre bin would be transported out.

The proposed refuse will all be managed within the site by a private contractor.

Does not comply with Clause 52.34-4 – Bicycle Facilities.

Details to ensure bicycle facilities comply with Clause 52.34-4 – Design of Bicycle Spaces were not provided with the previous proposal

Although bicycle parking is not required, 4 bicycle parking spaces are proposed at ground level.

Overdevelopment of the site - Adverse impact on neighbourhood character and onsite amenity.

The previous proposal was determined to be inappropriately designed and had a detrimental impact on the character of the neighbourhood and on existing surrounding residential properties.

The current proposal demonstrates a satisfactory level of compliance with all the relevant requirements.

Comments on Grounds of Objection

The triple storey nature of the dwellings, which does not accord with the existing neighbourhood character

Triple storey dwellings within an area dominated by single and double storey dwellings is an acceptable level of change. The Residential Growth Zone contains an overall height limit of 13.5m, which can accommodate up to four storeys, and the Victorian Civil and Administrative Tribunal (VCAT) have consistently upheld this position.  

Overlooking into the adjoining land

The use of planter boxes for the balconies of dwelling at first and second level to address overlooking is considered a high-quality design response and complies with Standard B22 – Overlooking.

All other first and second floor windows along the south, east and west elevations will be screened with obscure glazing or windows sill heights of 1.7m in accordance with Standard B22 – Overlooking of Clause 55 – ResCode. 

Overshadowing adjoining land

Submitted shadow diagrams (Attachment 2 pp. 14-17) demonstrates that the adjoining properties will not be unreasonably overshowed by proposed development.

The structural impact of the basement construction

Not a relevant planning consideration, this is a matter for assessment under the Building Code of Australia and will be considered by the relevant building surveyor.

Rubbish bin placement

The waste storage room nominated within the basement car parking area is considered acceptable.

The refuse bins are proposed to be stored in the basement car park and would be serviced by a 6.35m long waste collection vehicle from within the basement car park by a private waste contractor.

Insufficient car parking

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

Planning Scheme Amendment VC148, gazetted on 31 July 2018, amended the number of car parking spaces required for visitors to the site.  As the site is located within the Principal Public Transport Network, i.e. within walking distance to Thomastown train station, no visitor car parking is required to be provided on site. 

Increases in traffic;

The Parade has the capacity for the additional traffic generation expected from the proposed development and the increase in traffic volumes is considered an acceptable outcome for the site and surrounds due to the proximity to the local activity centre. 

Overdevelopment of the site;

The proposal is appropriately located within a Residential Growth Zone, where increased densities are encouraged. It is considered the proposed development appropriately balances the need to increase residential densities and diversity in areas which are well serviced by existing infrastructure.

The lack of available on-street car parking;

The proposal includes a 6.2 m wide crossover, which will not result in any additional loss of on-street car parking.  Further, the required number of car parking spaces for residents and has been provided in accordance with the Whittlesea Planning Scheme.

Property value;

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

Excessive noise.

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

Declarations of Conflicts of Interest

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

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

Conclusion

The application has been assessed against the Whittlesea Planning Scheme and in particular the objectives and standards of Clause 32.08, Clause 52.06, Clause 55 as well as the relevant State and Local Planning Policy Frameworks, including the Housing Diversity Strategy.  The proposal demonstrates a satisfactory level of compliance, subject to minor modifications.  While the proposal will change the existing character of the area, it is considered that the proposal will not have a detrimental impact on the character of the neighbourhood and on existing surrounding residential properties. Accordingly, approval of the application is recommended.

 

Recommendation

THAT Council resolve to approve Planning Application No. 718184 and issue a Notice of Decision to Grant a Permit for the construction of a three storey residential building (plus a basement) comprising 20 dwellings in accordance with the endorsed plans, at 47 and 53 The Boulevard Thomastown, and subject to the following conditions: -

Payments Required

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


Plans Required

2.       Before the development hereby permitted starts, a digital copy of amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of this Permit. The plans must be generally in accordance with Drawing no. 33-3071 Revision No. G, dated 15.05.19, by Mazark & Associates, but modified to show:

(a)     All first and second floor external windows along the south, east and west elevations will be screened with obscure glazing or windows sill heights of 1.7m in accordance with Standard B22 - Overlooking of Clause 55 of the Whittlesea Planning Scheme.

(b)     Storage area within each dwelling in accordance with Standard B44 – Storage of Clause 55 of the Whittlesea Planning Scheme, this should include a schedule of internal and external storage areas for all dwellings.

(c)     Initiatives contained with the Sustainable Design Assessment in accordance with Condition 4;  

(d)     Water Sensitive Urban Design and on-site stormwater treatments as per STORM report and in accordance with Condition 5;

(e)     A Landscape Plan in accordance with Condition No. 3 of this Permit; and

(f)     A schedule of all proposed external materials finishes and colours.

(g)  Bicycle parking in accordance with the Australian Standard for Bicycle Parking (AS2890.3).

(h)    Mailboxes location in accordance with Australian Post Standard.

3.       Concurrent with the endorsement of plans under Condition No. 2 and before the development hereby permitted commences, a digital copy of a Landscape Plan, prepared by a suitably qualified (or experienced) Landscape Designer, to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority.  When approved, the plan will be endorsed and will then form part of this Permit.  The Landscape Plan must show: -

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

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

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

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

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

(f)      Appropriate irrigation systems;

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

(h)   Stormwater management details in accordance with condition 5, including the specific location of rainwater harvesting tanks, and if proposed; a section detail of permeable paving.

Sustainable Design Assessment

 

4.      Prior to the endorsement of plans, an amended Sustainable Design Assessment (SDA) must be submitted to and approved by the Responsible Authority. The Sustainable Design Assessment must demonstrate a best practice standard of environmentally sustainable design and be generally in accordance with the submitted Environmentally Sustainable Design Report prepared by Low Impact Development Consulting and dated 16/05/2019 but modified to show the correct dwelling configuration and street address to the satisfaction of the Responsible Authority.

Stormwater Management Assessment

 

5.      Prior to the endorsement of plans, an amended Stormwater Management Assessment Report must be submitted to and approved by the Responsible Authority. The Stormwater Management Assessment Report must be generally in accordance with the submitted Stormwater Management Assessment Report prepared by Low Impact Development Consulting and dated 16/05/2019 but modified to show the correct street address and dwelling configurations to the satisfaction of the Responsible Authority.

 

Acoustic Assessment

 

6.      Prior to the endorsement of plans, an Acoustic Assessment of the development must be submitted to and approved by the Responsible Authority. The assessment must be prepared by a suitably qualified acoustic engineer and must detail recommended treatments of the development and/or the adoption of appropriate measures to ensure noise emissions from the development (including operation of plant, lift, roller doors and use of the basement car park) do not impact adversely on the amenity of the dwellings within the development to the satisfaction of the Responsible Authority.

 

Waste Management Plan

 

7.      Before the use and/or development hereby permitted starts, a Waste Management Plan must be prepared to the satisfaction of the Responsible Authority. Once satisfactory, such a 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-tug.  The 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.

Layout Not Altered

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

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

Landscaping and Stormwater Management

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

Actions Before Use Commences

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

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

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

13.     The Permit Holder must be responsible to meet all costs associated with reinstatement and / or alterations to Council or other Public Authority assets deemed necessary by such Authorities as a result of the development.  The Permit Holder shall be responsible for obtaining prior specific written approval for any works involving the alteration of Council or other Public Authority assets.

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

15.     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.

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


Infrastructure

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

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

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

General Amenity – Construction Works

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

(a)     Vehicle access to the site;

(b)     Parking of construction vehicles; and

(c)     Storage of materials / goods.

The developer must keep the Responsible Authority informed in writing of any changes to the Site Management Plan.  If in the opinion of the Responsible Authority the changes represent a significant departure from the approved Site Management Plan then an amended Site Management

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

22.     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.

23.    During the construction phase, 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.

Melbourne Water Conditions

24.    Finished floor levels of the dwelling must be constructed no lower than 108.55 metres to Australian Height Datum (AHD)

25.   The basement carpark must incorporate a flood proof apex and associated bunding constructed no lower than 108.55 metres to AHD.

26.   Any new or modified stormwater connection to Melbourne Water's drainage system must obtain separate approval from Melbourne Water’s Asset Services Team.

27.   Prior to the issue of an Occupancy Permit, a certified survey plan, showing finished floor levels (as constructed) reduced to the Australian Height Datum, must be submitted to Melbourne Water to demonstrate that the floor levels have been constructed in accordance with Melbourne Water's requirements.

Permit Expiry

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

(a)     The approved development does not start within 3 years of the date of this permit; or

(b)     The approved development is not completed within 5 years of the date of this permit. 

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

Notes

Advanced Trees

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

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

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

Easements

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

Property Numbering

Please note that property addresses and numbering is allocated by Council.  This is usually formalised at the time of the subdivision, please check with Council’s Subdivision Department to verify all street numberings.

Council Resolution

Moved:                       Cr Monteleone

Seconded:               Cr Kozmevski

 

THAT Council resolve to adopt the Recommendation.

 

AMENDMENT

Moved:                       Cr Alessi

Seconded:               Cr Joseph

 

THAT the motion be amended to include a new point (i) in part 2 to read as follows:

(i)            The vehicle access way increased in width to comply with Design Standard 1 of Clause 52.06.

                                                                                                                    CARRIED

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


Cr Pavlidis entered the Council Chamber at 7:01PM following the vote on the amendment, during the debate on the substantive motion.


SUBSTANTIVE MOtion

Moved:                       Cr Monteleone

Seconded:               Cr Kozmevski

 

THAT Council resolve to approve Planning Application No. 718184 and issue a Notice of Decision to Grant a Permit for the construction of a three storey residential building (plus a basement) comprising 20 dwellings in accordance with the endorsed plans, at 47 and 53 The Boulevard Thomastown, and subject to the following conditions: -

Payments Required

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


Plans Required

2.       Before the development hereby permitted starts, a digital copy of amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of this Permit. The plans must be generally in accordance with Drawing no. 33-3071 Revision No. G, dated 15.05.19, by Mazark & Associates, but modified to show:

(a)     All first and second floor external windows along the south, east and west elevations will be screened with obscure glazing or windows sill heights of 1.7m in accordance with Standard B22 - Overlooking of Clause 55 of the Whittlesea Planning Scheme.

(b)     Storage area within each dwelling in accordance with Standard B44 – Storage of Clause 55 of the Whittlesea Planning Scheme, this should include a schedule of internal and external storage areas for all dwellings.

(c)     Initiatives contained with the Sustainable Design Assessment in accordance with Condition 4;  

(d)     Water Sensitive Urban Design and on-site stormwater treatments as per STORM report and in accordance with Condition 5;

(e)     A Landscape Plan in accordance with Condition No. 3 of this Permit; and

(f)     A schedule of all proposed external materials finishes and colours.

(g)  Bicycle parking in accordance with the Australian Standard for Bicycle Parking (AS2890.3).

(h)    Mailboxes location in accordance with Australian Post Standard.

(i)      The vehicle access way increased in width to comply with Design Standard 1 of Clause 52.06.

3.       Concurrent with the endorsement of plans under Condition No. 2 and before the development hereby permitted commences, a digital copy of a Landscape Plan, prepared by a suitably qualified (or experienced) Landscape Designer, to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority.  When approved, the plan will be endorsed and will then form part of this Permit.  The Landscape Plan must show: -

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

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

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

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

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

(f)      Appropriate irrigation systems;

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

(h)   Stormwater management details in accordance with condition 5, including the specific location of rainwater harvesting tanks, and if proposed; a section detail of permeable paving.

Sustainable Design Assessment

 

4.      Prior to the endorsement of plans, an amended Sustainable Design Assessment (SDA) must be submitted to and approved by the Responsible Authority. The Sustainable Design Assessment must demonstrate a best practice standard of environmentally sustainable design and be generally in accordance with the submitted Environmentally Sustainable Design Report prepared by Low Impact Development Consulting and dated 16/05/2019 but modified to show the correct dwelling configuration and street address to the satisfaction of the Responsible Authority.

Stormwater Management Assessment

 

5.      Prior to the endorsement of plans, an amended Stormwater Management Assessment Report must be submitted to and approved by the Responsible Authority. The Stormwater Management Assessment Report must be generally in accordance with the submitted Stormwater Management Assessment Report prepared by Low Impact Development Consulting and dated 16/05/2019 but modified to show the correct street address and dwelling configurations to the satisfaction of the Responsible Authority.

 

Acoustic Assessment

 

6.      Prior to the endorsement of plans, an Acoustic Assessment of the development must be submitted to and approved by the Responsible Authority. The assessment must be prepared by a suitably qualified acoustic engineer and must detail recommended treatments of the development and/or the adoption of appropriate measures to ensure noise emissions from the development (including operation of plant, lift, roller doors and use of the basement car park) do not impact adversely on the amenity of the dwellings within the development to the satisfaction of the Responsible Authority.

 

Waste Management Plan

 

7.      Before the use and/or development hereby permitted starts, a Waste Management Plan must be prepared to the satisfaction of the Responsible Authority. Once satisfactory, such a 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-tug.  The 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.

Layout Not Altered

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

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

Landscaping and Stormwater Management

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

Actions Before Use Commences

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

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

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

13.     The Permit Holder must be responsible to meet all costs associated with reinstatement and / or alterations to Council or other Public Authority assets deemed necessary by such Authorities as a result of the development.  The Permit Holder shall be responsible for obtaining prior specific written approval for any works involving the alteration of Council or other Public Authority assets.

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

15.     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.

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


Infrastructure

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

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

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

General Amenity – Construction Works

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

(a)     Vehicle access to the site;

(b)     Parking of construction vehicles; and

(c)     Storage of materials / goods.

The developer must keep the Responsible Authority informed in writing of any changes to the Site Management Plan.  If in the opinion of the Responsible Authority the changes represent a significant departure from the approved Site Management Plan then an amended Site Management

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

22.     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.

23.    During the construction phase, 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.

Melbourne Water Conditions

24.    Finished floor levels of the dwelling must be constructed no lower than 108.55 metres to Australian Height Datum (AHD)

25.   The basement carpark must incorporate a flood proof apex and associated bunding constructed no lower than 108.55 metres to AHD.

26.   Any new or modified stormwater connection to Melbourne Water's drainage system must obtain separate approval from Melbourne Water’s Asset Services Team.

27.   Prior to the issue of an Occupancy Permit, a certified survey plan, showing finished floor levels (as constructed) reduced to the Australian Height Datum, must be submitted to Melbourne Water to demonstrate that the floor levels have been constructed in accordance with Melbourne Water's requirements.

Permit Expiry

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

(a)     The approved development does not start within 3 years of the date of this permit; or

(b)     The approved development is not completed within 5 years of the date of this permit. 

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

Notes

Advanced Trees

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

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

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

Easements

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

Property Numbering

Please note that property addresses and numbering is allocated by Council.  This is usually formalised at the time of the subdivision, please check with Council’s Subdivision Department to verify all street numberings.                                                                                                                                                                                                                                                                                                                               CARRIED

 

 

 

 

 

 

 

 

 

 

Division

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

 

For

Cr Pavlidis

Cr Kozmevski

Cr Alessi

Cr Cox

Cr Sterjova

Cr Joseph

Against

Cr Kirkham

Cr Kelly

Cr Monteleone

Cr Desiato

Abstained

Nil

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

carried

 

                                                                                                                   


Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

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Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

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Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

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Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

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Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

6.1.2      258 Mahoneys Road Thomastown - Amendment to Planning Permit 714406 to allow for the construction of a permanent crane with a height of 40 metres

Attachments:                        1        Locality Maps

2        Architectural Plans   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Planning Officer   

 

APPLICANT:                                  Plan A Planning Pty Ltd

COUNCIL POLICY:              22.09     Industrial Development Policy

 

ZONING:                               Industrial 1 Zone

OVERLAY:                            Development Contributions Plan Overlay (Schedule 3)

Land Subject to Inundation Overlay

Aboriginal Cultural Sensitivity Area

AusNet Transmission Line Easement

REFERRAL:                          AusNet Transmission Group, VicRoads, Melbourne Airport, Melbourne Water

OBJECTIONS:                      Exempt from notice and review

RECOMMENDATION SUMMARY

That Council resolve to refuse the Amendment to Planning Permit No. 714406 for Buildings and works associated with the construction of permanent crane with a height of 40 metres.

KEY FACTS AND / OR ISSUES

·    It is proposed to construct a permanent crane at 258 Mahoneys Road Thomastown with a height of 40 metres for the purpose of crane assembling/dismantling and material loading/unloading which is currently undertaken by temporary and mobile cranes.

·    The proposed structure is of a height and scale unprecedented for the area and there are concerns with its visual impact on the residential amenity to the south of the site as a result of its design and permanency that cannot be lowered when not in use.

·    Unlike the temporary and mobile cranes which currently operate on the subject site the proposed permanent crane is subject to consideration under the relevant requirements of the Whittlesea Planning Scheme which it does not adequately satisfy.

 

Report

SITE AND SURROUNDING AREA

The subject site is an industrial property located on the northern side of Mahoneys Road, Thomastown, approximately 300m east of Industrial Avenue. The site is irregular in shape with a frontage to Mahoneys Road of 184m and a total site area of 12,900m2 (1.2ha) (see Attachment 1 Locality Map).

Access to the site is available via two existing crossovers from Mahoneys Road.

Central Creek, a tributary of Merri Creek, is located on the western boundary. The land slopes downwards slightly from east to west and sharply near the creek.

The surrounding land to the east and west is located within the Industrial 1 Zone where the land has been developed for various industrial uses.  The land to the north is located within the Road Zone Category 1 and contains a large road reservation separating the subject site and the Western Ring Road.  To the south Mahoneys Road (Road Zone Category 1) separates the subject site from residential properties located with the municipality of Darebin City Council.

There is an existing industrial business (MCG Cranes Pty Ltd) operating on the subject site which specialises in the design and fabrication of cranes for construction purposes.

BACKGROUND

Planning Permit No. 714406 was issued on 24 April 2014 for the Construction of a warehouse, office and covered vehicle storage area, the display of business identification signage, waiver of loading and unloading of vehicles provisions and alteration of access to a road in a Road Zone Category 1.

There is a history of enforcement action associated with the subject site which dates back to 2013. In more recent times enforcement action was taken in relation to non compliances with planning permit conditions as well as amenity based complaints.

The Planning Permit was later amended on 5 October 2017 to address the non compliances which related to incorrect crossover locations, works within a Melbourne Water easement and incomplete landscaping works.

restrictions and easements

The Certificate of Title for the property shows that the site is not affected by any covenants or restrictions.

There is a Melbourne Water easement which is located along the western boundary.

Proposal

The applicant is seeking permission for buildings and works associated with the construction of a permeant crane with a height of 40 metres. 

The crane is known as a “luffing tower” which has a 40 metre radius (see Attachment 2 Architectural Plans). The swing area is shown to extend outside of the subject site along the northern boundary; however, the plans indicate that the crane will be controlled in order to ensure it does not operate outside the property boundaries.

The main body of the proposed luffing tower crane has a height of approximately 26 metres AHD, with the tip of the jib able to extend up to 50 metres when fully vertical; however, it is never intended to sit higher than 40 metres when in operation.

The base of the crane will be setback a minimum distance of 40 metres from eastern boundary, a minimum distance of 51.27 metres from the southern boundary and a minimum distance of 28 metres from the northern boundary.   

The applicant has advised that no business or promotional signage is proposed to be placed on the 40 metre tall crane.

The crane is proposed to be erected on a concrete pad and used to assist with the following tasks:

·    assembling cranes on site (which generally takes one day);

·    loading of materials (including cranes) onto vehicles for distribution;

·    delivering assembled cranes to, and receiving assembled cranes from, construction sites around metropolitan Melbourne; and

·    dismantling cranes which have been returned to site (which generally takes less than one day). 

It is worth noting these operations currently occur on the subject site via the use of temporary and mobile cranes. A temporary crane is often moved around the subject site multiple times a day in order to access all necessary areas of the site. When the relevant machinery and equipment is not in use it can then be stored within designated loading and equipment storage bays on the subject site.

Public Notification

An application is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act. This exemption does not apply to an application for a building or works within 30 metres of land (not a road) which is in a residential zone or land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre.

Whilst there is a residential area directly to the south of the subject site it is setback approximately 44 metre. Therefore, as the buildings and works will not be within 30 metres of a residential zone it is exempt from notice and review provisions.   

REFERRALS

AusNet Transmission Group

Notice of the application was given to AusNet Transmission Group as the proposed works fall within the transmission line referral area. AusNet Transmission Group’s response is summarised as follows:

AusNet Transmission Group provided no objection to an amended planning permit to allow for the construction of the permanent crane subject to the following conditions:

 

1.   The proposed Crane must be a minimum horizontal distance of 56 metres away from the nearest transmission line conductor.

2.   Written agreement to the final location of the crane must be obtained from AusNet Transmission Group prior to the erection of the crane.

3.   Details of 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.

 

It is noted that all these requirements are achievable.

VicRoads

Notice of the application was given to VicRoads who provided no objection to the proposed amendment application.

 

Melbourne Airport

Notice of the application was given to Melbourne Airport due to the scale of the proposed crane and its potential impact on flight paths.  Melbourne Airport have advised that they have no objection to the proposal. 

The existing Permit contains conditions (6, 40 and 41) that that set out the parameters for the prescribed airspace, with 228m AHD being the limit which must not be breached without prior consent from APAM or CASA.

The proposed 40m crane will stand at a maximum height of 142.92m AHD, which is below the prescribed airspace level and is therefore considered acceptable.

Melbourne Water 

Whilst the proposed works fall outside of the Land Subject to Inundation Overlay Notice of the application was still given to Melbourne Water as there were outstanding conditions on the existing permit imposed by Melbourne Water. Melbourne Water’s response is summarised as follows:

Melbourne Water reviewed the proposal and provided no objection. There were conditional requirements imposed on the previous permit. Melbourne Water advised that Condition 42 has been satisfied which reads as follows:

Prior to the endorsement of amended plans, a survey plan must be submitted to Melbourne Water for review and approval to demonstrate that the land within 10 metres of the top of bank of Central Creek has been regraded and reinstated to be consistent with the 2009 Lidar surface levels.

It is worth noting that Condition 43 on the Planning Permit requires the submission of an amended landscaped plan to be approved by Melbourne Water. This condition is still outstanding and to date no amended landscape plan has been received or reviewed by Council or Melbourne Water.

PLANNING ASSESSMENT

The following Planning Policy Framework, Local Planning Policies, Zone and Overlays of the Whittlesea Planning Scheme (the Scheme) are considered relevant to this application.

Planning Policy Framework

Industrial Development Siting (Clause 17.03-2S)

The objective of this Clause is to facilitate the sustainable development and operation of industry.

It is considered that the land use for the current industrial purpose is a reasonable outcome; however, given the sensitive residential interface to the south of the site approval of a permanent 40 metre high crane has the potential to impact on the visual amenity of the area.  Cranes are not attractive within the built environment and are usually associated with short term construction as opposed to permanency. 

Whilst cranes are not an uncharacteristic feature of the site where the use of mobile and temporary cranes currently operate, the more formal and permanent nature of the proposed crane will likely have a detrimental impact on the views from the residential properties to the south and form a dominant feature visible from all directions, including by drivers utilising the Metropolitan Ring Road and Mahoneys Road.

The visual impacts associated with the permanency can be avoided without impacting on existing business functions through continuing with the use of mobile or temporary cranes that are lowered or taken down when not in use, providing some visual relief.

Local Planning Policies

Industrial Development Policy (Clause 22.09)

The objective of Council’s Industrial Development Policy is to achieve well designed, quality industrial developments that are suitably located so as to meet stated economic development objectives.

The site while large, is somewhat constrained in its ability to accommodate an efficient swing area for the proposed crane. The layout shows the swing area to extend outside of the title boundary. Whilst the plans demonstrate that the crane would be controlled in order to ensure it does not swing outside of this area it still presents visual concerns.

When considering the existing streetscape and elevations the proposed crane at its resting height of 26 metres is still double the height of existing buildings on neighbouring allotments. When the crane is operational and at a height of 40 metres this would likely have further impacts on the area and demonstrates that the scale and appearance of the crane is not consistent with the surrounding area.

The scale of the proposed 40 metre crane is unlikely able to be softened by any meaningful landscaping opportunities within the 3 metre wide front setback. Whilst the crane is setback internally on the subject site it would still be visible in the landscape.

The permanent crane would be a dominate feature for the immediate and wider area. It is not proposed to be dismantled or stored out of view when not in use and given its scale it is unable to be screened. Therefore, the proposal is not considered to adequately respond to Council’s Industrial Development Policy.

Zoning and Overlay Provisions

Industrial 1 Zone (Clause 33.01)

The site is affected by the Industrial 1 Zone. The objectives of this zone include providing for manufacturing industry, the storage and distribution of goods and associated uses in a manner that does not affect the safety and amenity of local communities.   

Planning approval is required under Clause 33.01-4 of the Whittlesea Planning Scheme for the proposed buildings and works.

It is acknowledged that whilst the use of the site for the purpose of warehousing and storage of cranes is an allowable use within the Industrial 1 Zone the buildings and works require consideration. It is considered that the permanent crane does not result in a good design outcome and does not present an attractive or desirable appearance particularly to the residential properties directly south of the subject site. Approval of a permanent structure of this height, scale and nature would set an undesirable precedent for the area.

The permanent nature of the proposed crane is a fundamental difference between other cranes which are used on the site; however, there are also concerns with its design. Due to the scale of the crane it is required to be supported by a dominate base. The ‘jib’ which extends from the main body is considered bulky compared to mobile cranes which have a slender frame and are not required to be supported by a permanent structure. The design features required for the permanent 40 metre crane to operate add to its visual dominance in the landscape. 

The site has an enforcement history which includes amenity based complaints. It is likely a permanent structure of this nature would add to visual clutter of the area and impact on existing view lines. The subject site has an area where machinery and equipment can be stored in a covered area. Mobile cranes and other machinery when not in operation can easily be moved and stored in this covered space. The proposed 40 metre permanent crane is not proposed to be dismantled and stored in this screened area and therefore would become a prominent feature within the area.

The proposed crane is required to improve the daily operations of the existing business; however, it is not considered that the economic benefits outweigh amenity based impacts particularly when the use is still able to operate with temporary and mobile cranes. Therefore, it is not considered a suitable outcome in relation to the purpose or objectives of the Industrial Zone, nor Council’s Industrial Development Policy and will result in an undesirable outcome for the area.  

Land Subject to Inundation (Clause 44.04)

The proposed works fall outside of the Land Subject to Inundation Overlay and therefore this clause was not considered as a part of the proposed works.

Development Contributions Plan Overlay (Clause 45.06)

The site is affected by the Development Contributions Plan Overlay.  Pursuant to Clause 45.06 of the Whittlesea Planning Scheme, the Development Contributions Plan Overlay enables the levying of contributions for the provision of works, services and facilities prior to development commencing.  Schedule 3 to the overlay requires development contributions for drainage infrastructure for industrial/commercial development at a rate of $3.50 per square metre of new impervious floor space.  This rate is subject to the Consumer Price Index at the time of payment. 

The proposed works do not result in an increase in impervious areas and therefore this clause was not considered relevant in this instance.

Declarations of Conflicts of Interest

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

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

Conclusion

The application has been assessed against the Whittlesea Planning Scheme and in particular the objectives of Council’s Industrial Development Policy (Clause 22.09) and Industrial 1 Zone (Clause 33.01). The proposal demonstrates an unsatisfactory level of compliance with the Whittlesea Planning Scheme and it is considered it cannot be addressed by conditions. It is considered that the proposal will have a detrimental impact on the amenity of the area and in particular the residential areas to the south of the subject site. It is therefore recommended that the application be refused.

 

Recommendation

THAT Council resolve to Refuse the amendment to Planning Permit No. 714406 and issue a Refusal to Grant an Amendment to Planning Permit for Building and works associated with the construction of a 40 metre high permanent crane on the following grounds:

1.       The proposal fails to comply with the Planning Policy Framework in particular Clause 17.03-2S (Industrial development siting) of the Whittlesea Planning Scheme.

2.       The proposal fails to comply with the Local Planning Policy Framework in particular Clause 22.09 (Industrial Development Policy) of the Whittlesea Planning Scheme.

3.       The proposal fails to comply with the purpose of Clause 33.01 (Industrial 1 Zone) of the Whittlesea Planning Scheme. 

4.       The proposal will detrimentally affect the amenity of the area through providing an inappropriate visual impact.

COUNCIL RESOLUtion

Moved:                       Cr Kelly

Seconded:               Cr Alessi

 

THAT Council resolve to adjourn this item to the 1 October 2019 Council Meeting.

                                                                                                                                     CARRIED

 


Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

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Ordinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Tuesday 3 September 2019

 



 


 


 


 

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Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

6.1.3      Approval of the Cooper Street West Development Plan

Attachments:                        1        Locality and Zoning Plan

2        Development Plan Layout

3        Dry Stone Wall Locations   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Strategic Planner   

 

RECOMMENDATION SUMMARY

That Council:

1.   Note the submission of the Cooper Street West Development Plan and delegate to the Chief Executive Officer the power to approve the Cooper Street West Development Plan under Schedule 24 to Clause 43.04 to the Whittlesea Planning Scheme, upon the Chief Executive Officer being satisfied that the following has adequately been addressed:

a.   The owner of the land entering into a Section 173 Agreement to resolve the development contribution obligations for the land.

b.   Incorporation of the amendments to the Development Plan as outlined in the officer recommendations within the Submission Response section of this report.

2.   Advise the proponent and submitters of Council’s resolution.

KEY FACTS AND / OR ISSUES

·    The proposed Cooper Street West Development Plan has been prepared in accordance with the requirements of the relevant Development Plan Overlay (Schedule 24) and will allow the land at 410 Cooper Street and 315 O’Herns Road, Epping, to be developed for employment purposes.

·    The Development Plan incorporates a road layout that responds to the surrounding road network and allows for connections to the south, north and west, while also accommodating for the existing site constraints.

·     The Development Plan appropriately designates buffers for the adjoining active quarry to limit sensitive uses occurring in its proximity.

·    The proposed Development Plan was placed on non-statutory exhibition. Two landowner and four agency submissions were received. Amendments are required to the exhibited Cooper Street West Development Plan to address the submissions received as outlined within the body of this report

·    The landowner is required to enter into a Section 173 Agreement with Council to resolve the development contribution obligations for the land.

·    It is recommended to delegate to the Chief Executive Officer the power to approve the Cooper Street West Development Plan subject to the landowner entering into an agreement providing for its development contribution obligations and subject to the amendments outlined in the body of this report.

Report

INTRODUCTION

The purpose of this report is to consider the Cooper Street West Development Plan (CSWDP) (June 2019), prepared by Mesh Urban Planning and Design. The objective of the CSWDP is to provide greater certainty about the future use and development of land for industrial purposes within the precinct.

The submitted CSWDP has been prepared in accordance with the provisions of Schedule 24 to the Development Plan Overlay. A Development Plan must be in place before any application for subdivision and/or development can be considered for the subject land.

This report will discuss the background and the merits of the CSWDP proposal in the context of the applicable statutory framework and the submissions received from the non-statutory exhibition process.

The report recommends approval of the CSWDP subject to minor changes to the Development Plan in order to address submissions made during the non-statutory exhibition period and upon the landowner entering into a Section 173 Agreement with Council to resolve the development contributions obligations for the land.

SITE DESCRIPTION & CONTEXT

The CSWDP area incorporates two properties, 410 Cooper Street and 315 O’Herns Road, Epping, which have a combined area of approximately 61 hectares (see Attachment 1). The subject site is located north of Cooper Street, south of O’Herns Road and directly west of the Hume Freeway. It forms part of the broader Cooper Street Employment Area.

The topography of the land is gently undulating with a slight fall from the north and south into the centre, which falls to the east toward the Craigieburn Bypass. Sparse native (planted) and exotic vegetation mainly associated with the former use of the land for agricultural purposes exists across the site.

A high-pressure gas pipeline extends through the site on a north/south alignment (known as Keon Park to Wollert T47.1) and 315 O’Herns Road contains a short section of the Somerton Gas Pipeline (T102).

Existing access is provided to the subject land via O’Herns Road and Cooper Street. Cooper Street and O’Herns Road form part of the declared arterial road network and the Hume Freeway forms part of the National Highway network. A full diamond interchange exists at the intersection of Cooper Street and the Hume Freeway and a new full diamond interchange is proposed between O’Herns Road and the Hume Freeway (to be constructred as part of O’Herns Road duplication project).

Land immediately west of the subject site at 335 O’Herns Road, Epping is owned by Council (see Attachment 1) and is a former quarry and landfill site. The northern part of this land is currently being leased as a concrete batching plant and materials recycling facility.

In its broader strategic context, the subject land is located to the west of the developed part of the Cooper Street employment area, to the north of the Biodiversity Business Park and the Melbourne Wholesale Fruit and Vegetable Markets. Land to the west of the subject land comprises a mix of uses including former landfill, an active quarry, a concrete batching plant, a materials recycling centre and the Epping Animal Welfare Facility. Land to the north-west known as the Vearings property is the subject of a current rezoning request which proposes to rezone land from the Farming Zone to the Industrial 1 Zone (north side of O’Herns Road).

The subject land is currently owned by Frasers Property Australia, who are an established developer of employment and mixed use land.

 

BACKGROUND

The Cooper Street West Position Paper was adopted by Council in June 2017. The paper establishes the City of Whittlesea’s policy position with regard to the future use of land within this Precinct. The Position Paper identifies industrial activities located adjacent to Cooper Street including large scale warehousing, manufacturing and distribution activity. It notes that the proximity of the precinct to national road, rail, air and port transport linkages, makes the Cooper Street West precinct an ideal location for industrial development that is reliant on high quality transport networks and freight movement.

Based on this strategic justification, Amendment C113 to the Whittlesea Planning Scheme was prepared and ultimately gazetted on 11 October 2018. This amendment rezoned the subject land from Farming Zone to the Industrial 1 Zone and applied the Development Plan Overlay (Schedule 24) in addition to the Design and Development Overlay. This Planning Scheme Amendment transitioned approximately 61 hectares of rural land for employment purposes. On the basis of the strategic work undertaken and the Planning Scheme Amendment process, Frasers Property Australia purchased the property with the intention of commencing development of the land as soon as possible.

PLANNING ASSESSMENT

Strategic policy

The subject site is affected by the Cooper Street West Position Paper (CSWPP) which is a strategic document adopted by Council in June 2017. The Precincts identified in the CSWPP forms part of the State Significant Northern Industrial Precinct in Plan Melbourne and part of the broader Cooper Street Employment Area. The designation of Cooper Street as a higher order employment area was initiated over 20 years ago, with the City of Whittlesea General Plan (1994). The Plan identified Cooper Street as an opportunity to promote well-designed employment land, which would enhance the image of the industrial areas in the municipality.

Statutory PLANNING Framework

Zoning

The subject land is affected by the Industrial 1 Zone (IN1Z) (Clause 33.01). The primary purpose of the zone is to provide for manufacturing industry, in particular the storage and distribution of goods and associated uses in a manner which does not affect the safety and amenity of local communities.

Additionally, the land is adjacent to Cooper Street and the Hume Freeway, roads in a Road Zone Category 1 (RDZ1) (Clause 36.04).

Overlays

The subject land is covered by 2 planning scheme overlays:

·    Development Plan Overlay – Schedule 24 (DPO24) (Clause 43.04); and

·    Design and Development Overlay – Schedule 2 (DDO2) (Clause 43.02).

Of specific interest in the context of this report is the DPO24. Prior to any subdivision, use and development on the land, a Development Plan must be approved in accordance with the provisions of the DPO24.

The purpose of the DDO2 is to ensure that the development of land adjacent to the alignment of the Hume Freeway is undertaken with appropriate noise attenuation measures to minimise the impact of traffic noise on noise sensitive activities.

Also, an existing Section 173 Agreement exists on the Title requiring a further Agreement to be entered into between Council and the landowner, resolving the Development Contributions obligations of the land.

DEVELOPMENT PLAN PROPOSAL

The CSWDP, includes an overarching Development Concept Plan and accompanying report. It has been prepared in accordance with the requirements of DPO24.

The draft Development Plan designates the land suitable for industrial land uses and seeks to deliver an internal road network that allows for a combination of lots suitable to accommodate larger scale proposals as well as smaller developments. The retarding basin adjacent to the Hume Freeway is utilised as a key feature within the precinct to provide for local amenity. A connector road interface is provided for a majority of its frontage in order to activate this area. Two remnant River Red Gums exist within the site, with one proposed for retention within a tree reserve and the other proposed for removal considering the impracticality of retaining it in its current location. A windrow of existing trees and a dry stone wall (DSW12) will be retained/re-constructed and stabilised within a linear green link adjacent to the central east-west connector road.

The Development Plan proposes access from the Cooper Street and Graystone Crescent intersection, triggering the need to upgrade this to a four way signalised intersection as part of the development. In addition, the layout provides for the potential of a future north-south connection to O’Herns Road via a left-in left-out intersection an additional east-west connection to link into the Vearings Road, creating a full access intersection at O’Herns Road and Vearings Road. Identifying this north-south and east-west local road connections preserve the development opportunities of adjacent land in the future.

In summary, the exhibited CSWDP (as shown in Attachment 2) proposes:

·    Appropriate land use designations considering the surrounding extractive industries buffer;

·    A logical internal road network suitable for the industrial nature of the development;

·    A retarding basin for drainage purposes that also provides for local amenity and passive recreation opportunities;

·    Retention of a remnant River Red Gum;

·    Retention of an east-west windrow of various existing vegetation and dry stone walls; and

·    Provision for future road connections west and north of the subject land.

Attachment 2 shows the proposed layout forming part of the submitted CSWDP.

The Development Plan represents the commencement of the implementation of the strategic direction and vision set by Council for the Cooper Street West precinct. Currently, there is high demand for employment land within the City of Whittlesea and therefore development of this area is important from an economic development perspective. It is anticipated that at full build out of the industrial estate it will result in the creation of well over 2,000 jobs.

Once the Development Plan is approved, planning permits can then be considered and issued for the subdivision and development of land.

NOTIFICATION

Since the formal submission of the Cooper Street West Development Plan in December 2018, there have been ongoing officer discussions with the proponent and relevant Council departments over various iterations of the proposal.

During this time, a range of changes were made to the CSWDP relating to the local road connections and alignments throughout the precinct, active interfaces to the future drainage asset and appropriate retention of existing remnant River Red Gums.

Following these discussions, the CSWDP was placed on non-statutory exhibition over a four week period between 25 June 2019 and 23 July 2019.

Whilst there is no statutory requirement to advertise the CSWDP document, in accordance with Council practice, a copy of the CSWDP land use plan was sent to all owners and occupiers of land adjacent to the subject site affected by the proposal, as well as relevant external authorities for comment.

At the conclusion of the exhibition period two landowner and four agency submissions were received.

SUBMISSIONS RESPONSE

Following the close of the exhibition period, Council Officers have reviewed each of the submissions.

The following table details the submissions received, the officer responses to them, and any recommendations for amendments to the Development Plan as necessary.

Submission Summary

Officer Response

Landowners/tenants

1.   335-355 O’Herns Road, Epping (tenant) – Aurora Construction Materials Pty Ltd

The submission outlines that the traffic assessments supporting the Development Plan demonstrate that the land can be developed with sole access from Cooper Street and the additional north-south road connections.

 

The submission requests removal of this north-south road connections from 335-355 O’Herns Road, Epping in order to reduce the infrastructure burden on the land.

 

The subject north-south road provides an additional left in left out access point to O’Herns Road, increasing the permeability of the development and relieving pressure on the sole access points to Cooper Street.

It is noted that Council owns this parcel of land. The provision of this road connection preserves the opportunity to develop the unencumbered portions of the land in the future. The access generally follows the alignment of the existing driveway/road access to the property.

Taking into account the proposed O’Herns Road diamond interchange works, this location represents the earliest opportunity to provide an additional north-south road connection. The Development Plan protect the opportunity to provide for this north south connection in the future.

Officer Recommendation

No change recommended.

2.   375 O’Herns Road, Epping – Conundrum Holdings Pty Ltd

The submission proposes that the Development Plan needs to further reinforce the discouragement of sensitive uses occurring within the extractive industries buffer area. The additional wording below is suggested to be included within the Development Plan:

 

These sensitive uses are to be discouraged from locating within the extractive industry buffer area and their location in these areas would not be consistent with the objectives of the schedule or generally in accordance with the requirements of this development plan.

 

While it is considered that the Development Plan has responded adequately to the requirements of the Development Plan Overlay relating to sensitive uses and that they will not be supported within the extractive industries buffer, the additional wording is considered appropriate and will further emphasise such uses will be discouraged/not supported. Notwithstanding, it is important to note that the proponent has already proposed restrictions on sensitive uses for Stages 2 and 3 of the Development Plan (see Attachment 2) this has the effect of extending the sensitive use restrictions, the restriction way beyond the quarry buffer.

Officer Recommendation

Include the additional wording to this paragraph as requested and noted below:

These sensitive uses are to be discouraged from locating within the extractive industry buffer area and their location in these areas would not be consistent with the objectives of the schedule or generally in accordance with the requirements of this development plan.

Agencies

3.   Melbourne Water

Melbourne Water offers no objection to the proposal.

Noted. A detailed Stormwater Management Strategy will be required to be provided for Council and Melbourne Water assessment as part of any future planning application to subdivide, use and/or develop the land.

Officer Recommendation

No change recommended.

4.   Environment Protection Authority

The submission indicates the EPA are comfortable with the Development Plan proposals however request that it be re-worded to reflect that the relevant Audit under Section 53V of the Environment Protection Act, has actually been completed and to ensure the implementation of the audits recommendations for any development within 100m of the landfill cell.

The EPA comments are noted and accepted regarding the suggestion requiring development within 100m of the edge of the landfill cells to comply with the recommendations of the completed 53V Audit.

The recommendations refer to particular building construction standards for development within the protection measure zone (land within 100m of the landfill cells).

Currently the legend on the Development plan identifies the need for landfill Gas Assessment. To this end the EPA have noted that a Section 53V Audit has already been undertaken which is a more comprehensive and rigorous assessment. As such the EPA advise that a Landfill Gas Risk assessment is not required but rather the focus of the wording should be on ensuring implementation of the recommendation of the approved Section 53V Audit.

Officer Recommendation

Amend the legend of the Development Plan and any detail requiring land within 100m of the landfill cell (protection measure zone) to undertake a landfill gas risk assessment, and replace this with the requirement for land within 100m of the landfill cell (protection measure zone) to comply with the recommendations of the 53V Audit (EPA Reference: 75658-1).

5.   APA Gasnet

The APA submission makes specific comment in relation to the gas pipeline infrastructure within the subject site. Specifically, the following matters are raised:

 

1.  All road crossings over the pipeline should preferably be at 90 degrees to the pipeline or to the satisfaction of the pipeline licensee/ operator (APA VTS Australia (Operations) Pty Ltd). The details of the northern road crossing will need to be to the satisfaction of APA prior to the certification of a plan of subdivision for this stage of the industrial estate.

 

2.  The plans should clearly identify the above ground APA facility located to the north of the subject site on the larger 35m wide easement. As previously discussed with the landowner there may be a need to expand this above ground facility in the future.

 

3.  The future layout of any industrial lots containing the easement must ensure that the easement is not located in the rear of lots but rather the lot frontage. Where the easement is located in the frontage of a lot it may be utilised as a front landscape setback or car parking subject to the approval of the pipeline licensee/operator (APA VTS Australia (Operations) Pty Ltd).

 

4.  It should be noted on the development plan that;

 

o The current ground level over the existing high pressure gas pipeline easement is not to be reduced and must be maintained to the satisfaction of the pipeline licensee/operator (APA VTS Australia (Operations) Pty Ltd).

o No buildings are to be constructed on the APA VTS gas transmission pipeline easement.

o No stockpiles of material are to be stored on the gas pipeline easement at anytime.

o Any future development of land containing the APA VTS gas transmission easement/pipeline is to be referred to the pipeline licensee/operator (APA VTS Australia (Operations) Pty Ltd) for its consent.

o Prior to the development and/or use commencing, a Safety Management Study, in accordance with Australian Standards 2885 for Pipelines – Gas and Liquid Petroleum, may be required by the pipeline licensee/operator (APA VTS Australia (Operations) Pty Ltd) (subject to the proposal detail) and must be conducted by the landowner/applicant and its recommendations/actions must be implemented to the satisfaction of the pipeline licensee/operator ((APA VTS Australia (Operations) Pty Ltd).

 

5.  APA VTS will also require that its standard planning permit condition be applied for any development and subdivision approval which impacts upon the existing easement. APA VTS will provide Council with these conditions once the relevant planning permit applications are referred.

A number of the APA points are considered reasonable and should be included as part of the finalised Cooper Street West Development Plan. This includes ensuring all roads cross perpendicular to the gas easement rather than diagonal, as well as identifying the gas pipeline measurement lengths and above ground APA facility on the Development Plan.

Some points, in particular those in item 4 opposite, are more appropriate to be addressed at the planning application stage where APA will have the ability to provide a determining referral authority response to assist in considering any future subdivision application.

Officer Recommendation

Amend the Development Plan in the following ways to respond to APA GasNets submission (noting the numbers below correspond directly to each point raised in the APA submission):

1. Provide a notation on the Development Plan stating: The alignment of roads crossing the APA Gas Pipeline are indicative only. The road alignment as part of any future application for subdivision must be to the satisfaction of Council and the pipeline licensee/operator (APA VTS Australia (Operations) Pty Ltd).

 

2. Identify the above ground APA facility in the northern area of the subject site on the plans.

 

3. Include a notation on the Development Plan indicating that private lots containing the gas easement must locate the easement at the site frontage and be utilised as a front landscape setback or car parking subject to further approval.

 

4. Identify the gas pipeline measurement length on the Development Plan and a notation requiring any development for the purpose of a sensitive use within the gas pipeline measurement length must be referred to APA GasNet in accordance with Section 52 of the Planning and Environment Act 1987.

 

5. Pursuant to Clause 66.01 of the Whittlesea Planning Scheme, a planning application to subdivide land crossed by a gas transmission pipeline or a gas transmission pipeline easement must be referred to the relevant gas supply authority as a referral authority. Any standard conditions APA GasNet wish to apply via the Section 55 determining referral authority status will be required on any permit that may be issued at the planning application stage.

6.   Department of Transport

The Department of Transport submission highlighted two key points: The Department of Transport submission stated that a joint meeting between the proponent, the applicant and the Department of Transport would be a useful exercise to discuss their comments and the future development of the land. Particular points raised in the submission include:

 

1.   Maintain the provision for the potential future O’Herns Road upgrade.

 

2.   The specific location of the left in left out access point to O’Herns Road relating to the Hume diamond interchange works.

 

The matters raised in the submission can be dealt via notations on the plan and can be addressed in detail as part of future planning permit process. They should not preclude the approval of the Development Plan.

Officer Recommendation

Amend the Development Plan in the following ways to respond to the Department of Transport submission:

1.   Include a notation on the Development Plan requiring the provision of land for the future upgrade and/or duplication of O’Herns Road, to be determined as part of the subdivision application to the satisfaction of Council and VicRoads.

2.   Include a notation on the Development Plan stating that the location and the alignment of the subsection of O’Herns road intersection is indicative only and to be determined as part of the future subdivision application.

DISCUSSION

This section provides a more detailed discussion on the key themes arising from the Development Plan submissions as well as other matters raised by Council Officers in considering and finalising the CSWDP.

Land Uses

The original Development Plan submission identified Restricted Retail uses adjacent to Cooper Street. The Schedule to the Development Plan Overlay clearly discourages Restricted Retail and other sensitive uses throughout the precinct, particularly along arterial roads. Upon further discussions with the applicant, the Restricted Retail land uses were removed from the Development Plan area.

The land use designations now simply identify the land suitable for industrial purposes. In addition, the Development Plan restricts particular sensitive uses, having regard to the adjoining quarry buffer. The restrictions of these particular uses are applied to the land at 315 O’Herns Road, Epping, reflecting Stages 2 and 3 as identified on the Development Plan. This outcome restricts particular sensitive uses well over and above the actual extractive industry buffer.

Road Network

Amongst the issues raised in the original submission, the most significant relate to the road network throughout the site.

The original submission identified a service road across the frontage of Cooper Street. This service road provided access to proposed Restricted Retail uses and additionally allowed access and egress to and from the internal development. This was not supported due to the traffic conflict point created and thus was requested to be removed, with lots accessed only from the internal road network.

The road network to the north of the precinct was originally designed to terminate with a court bowl. This would have, in effect resulted in a court bowl in excess of 500m in length and only one entrance in and out of the land in the medium to longer term. Council advised that a court bowl of this length did not provide a permeable street network and thus an additional internal east-west road connection was required.

The provision of future north-south and east-west road connections through 335 O’Herns Road, Epping, were matters that required extensive discussion during the Development Plan assessments. It was determined that the preservation of these potential connections to intersections with O’Herns Road, and adjoining properties would provide multiple access and travel routes to service the development. In addition, it was considered prudent planning to ensure flexibility and allow for consideration of future development opportunities for adjacent parcels of land.

Drainage Asset Interface

The original submission of the Development Plan identified a significant amount of rear of warehouse development to the retarding basin land. This created an unsafe and underutilised pocket between the warehouse developments and the Hume Freeway. A road interface was requested adjacent to the wetland in order to activate the frontage and allow the area to be utilised for passive recreation and provide greater amenity to the industrial area.

Native Vegetation and Dry Stone Walls

The arboricultural report identified 260 individual trees across the site, mostly consisting of planted River Red Gums and other various native and exotic species. Planted native vegetation is exempt from requiring a planning permit for removal. Only one tree was confirmed to be a mature remnant River Red Gum (Tree 115), with another designated as potentially being remnant (Tree 107) (but considered as remnant for the purpose of this report). Two additional remnant River Red Gums (Trees 111 and 112) were identified outside the property boundary but directly adjoining the site within the O’Herns Road diamond interchange. A summary of the vegetation across the site is identified below:

The original Development Plan submission did not seek to retain any native vegetation as part of the development. Further consideration of the existing native vegetation was required in order to appropriately address the existing conditions and Council’s River Red Gum protection policy. The Development Plan was revised in order to retain Tree 107 in a tree reserve at the intersection of a north-south local road with the east-west connector road. Council  officers pursued the retention of Tree 115 within a similar tree reserve however it was demonstrated that due to the location and length from the proposed road reserve, it was impractical for this tree to be retained as part of the proposed development given the depth and width requirements of lots with a purpose for industrial uses. Locating the tree within a private lot was also impractical from a long-term protection prospective, particularly given the potential large scale industrial building footprint. Tree 111 and 112 are located outside of the boundary of the development and thus are not proposed to be removed.

Therefore, three out of the four remnant River Red Gums identified will be retained as part of the development.

Further to this, a key windrow of trees and existing dry stone wall (DSW12 as per the Dry Stone Wall Assessment and Management Plan prepared by Ecology and Heritage Partners) is to be retained and incorporated within the Development Plan as a key design feature. The Dry Stone Wall Assessment and Management Plan identified 13 dry stone walls across the subject site. Dry stone walls 1-8 and 13 are identified to be in poor condition and are recommended for removal. Dry stone wall 9 and 10 is designated as fairly well preserved, however is not appropriately located to be retained and incorporated into future development. Dry stone wall 11 is identified as well preserved, however is required to be removed due to the location of the Melbourne Water drainage asset along the eastern boundary of the subject site. The contextual location of all the dry stone walls across the site can be found within the Dry Stone Wall Assessment and Management Plan (see Attachment 3). The stone blocks from the walls to be removed will be stored for re-construction purposes as recommended within the Dry Stone Wall Assessment and Management Plan. There is potential to re-construct these walls within the Drainage Reserve and will be further considered as part of the future planning application.

DEVELOPMENT CONTRIBUTIONS

An existing Section 173 Agreement applies to the land requiring the landowner to enter into a further Agreement prior to the approval of a Development Plan in order to resolve the development contribution obligations of the land.

Negotiations with the landowner are advanced and are required to be resolved prior to the formal approval of the Cooper Street West Development Plan. A key component of this will be signalisation of the Cooper Street and Greystone Court intersection.

CRITICAL DATES

·    September 2016 – Planning Scheme Amendment request proposing to rezone 410 Cooper Street, Epping and 315 O’Herns Road, Epping from Farming Zone to Industrial 1 Zone and to apply a Development Plan Overlay to the land.

·    June 2017 – Cooper Street West Position Paper was adopted by Council.

·    October 2018 – Planning Scheme Amendment C113 gazetted into the Whittlesea Planning Scheme.

·    December 2018 – Formal Cooper Street West Development Plan submission from Mesh on behalf of Frasers Property Australia.

Policy strategy and legislation

It is considered that the CSWDP, is generally consistent with the objectives and general provisions of the Planning Policy Framework and the Local Planning Policy Framework.

Clause 13 – Environmental Risks and Amenity

The CSWDP is consistent with the objectives of this clause as it appropriately considers matters related to land contamination and buffers from adjoining quarry and landfill activities.

Clause 17 – Economic Development

The CSWDP is consistent with the objectives of this clause as the development will increase the supply of industrial land from a former under-utilised site used for agricultural purposes. The development will create local jobs for the surrounding community.

Clause 18 – Transport

The CSWDP is consistent with the objectives of this clause as it outlines a suitable road hierarchy for the industrial land use designation, providing appropriate connections to existing roads and allowing for the provision of future connections. The proposal also has consideration for active transport throughout the Development Plan.

Clause 19 – Infrastructure

The CSWDP is consistent with the objectives of this clause as it provides for road and drainage infrastructure to ensure the development is appropriately serviced.

Clause 21.10 – Economic Development

The CSWDP is consistent with the objectives of this clause as it provides for future employment opportunities for the local community.

Clause 22.09 – Industrial Development Policy

The CSWDP is consistent with the objectives of this clause as it provides the framework for the delivery of a high quality industrial development to occur within the municipality.

Clause 22.1 – River Red Gum Protection Policy

The CSWDP is consistent with the objectives of this clause by retaining a mature remnant River Red Gum as part of the development proposal. As part of this Development Plan, a mature River Red Gum is identified for removal however this is considered appropriate due to the impracticality of its location.

Clause 22.11 – Development Contributions Plan Policy

The CSWDP is consistent with the objectives of this clause by ensuring that the landowner enters into an Agreement as per Section of the Planning and Environment Act 1987 to manage the development contributions obligations prior to the formal approval of the Cooper Street West Development Plan.

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

Advice has been sought from the Environment Protection Authority to ensure that the Development Plan appropriately adopts a best practice approach to dealing with potentially contaminated land and development within an extractive industry buffer.

 

As per the submission received through the non-statutory exhibition period, a 53V Environmental Audit was undertaken and completed in 2018 at the subject site (EPA Reference: 75658-1). The 53V Audit assessed the risk of harm from landfill gas generated at the adjacent landfills to the proposed use of land at the audit site. The audit concluded that the site is characterised as ‘low risk’ and provided recommendations on how to manage ongoing risk posed by landfill gas migration onto the audit site. The Development Plan will require the recommendations of the 53V Audit to be considered and adopted as part of any future development.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Strong local economy

Whittlesea 2040 Key Direction     Increased local employment

Strategic Objective                        We have access to local employment opportunities

Council Priority                             Jobs and Investment

 

The development of the Cooper Street West area will contribute to the wider employment precinct by providing a high level and well considered land use and design framework for future development. The approval of the Cooper Street West Development Plan and future industrial development in accordance with this, will increase local employment opportunities as envisaged by the Cooper Street West position paper (2017).

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 Cooper Street West Development Plan has been developed in consultation between Council officers and the proponent. The plan itself has been the subject of a planning process which has resulted in refinements to the plan, with further recommended amendments in the body of this report to address submissions made during the non-statutory exhibition period.

The development of the Cooper Street West precinct will create a high quality industrial area, leveraging off the existing road infrastructure and proximity to the Hume Highway. This represents an important step in the implementation phase, and realising Council’s strategic vision for employment development within the Cooper Street West precinct.

At full development, the Cooper Street West Development Plan area will result in the creation of over 2,000 jobs.

Accordingly, it is recommended that the Cooper Street West Development plan is approved, subject to amendments as outlined in the officer recommendations within the submissions response section of this report of this report, and subject to the landowner entering into a Section 173 Agreement in order to resolve the development contribution obligations for the land.

Furthermore, it is recommended to delegate to the Chief Executive Officer the power to approve the Cooper Street West Development Plan once the owner of the land has entered into the Section 173 Agreement resolving the development contributions obligations and incorporation of the amendments outlined in officer recommendations within the body of this report arising from the submission process.

 

RECOMMENDATION

THAT Council resolve to:

1.       Note the submission of the Cooper Street West Development Plan and delegate to the Chief Executive Officer the power to approve the Cooper Street West Development Plan under Schedule 24 to Clause 43.04 to the Whittlesea Planning Scheme, upon the Chief Executive Officer being satisfied that the following has adequately been addressed:

a.    The owner of the land entering into a Section 173 Agreement to resolve the development contribution obligations for the land.

b.    Incorporation of the amendments to the Development Plan as outlined in the officer recommendations within the Submission Response section of this report.

2.       Advise the proponent and submitters of Council’s resolution.

Council Resolution

Moved:                       Cr Sterjova

Seconded:               Cr Kozmevski

 

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

Carried

 


Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

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6.1.4      Domestic Animal Welfare Support Policy

Attachments:                        1        Domestic Animal Welfare Support Policy   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Manager City Safety and Amenity   

 

RECOMMENDATION SUMMARY

That Council resolve to adopt the Domestic Animal Welfare Support Policy.

KEY FACTS AND / OR ISSUES

The Domestic Animal Welfare Support Policy outlines temporary care arrangements for cats and dogs owned by residents at risk of, or in a crisis due to family violence.

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

·    Pets often cannot be taken with a person into crisis accommodation or a family violence refuge, which can result in a crisis being prolonged because the person impacted by family violence does not want to leave their pet.

·    The policy primarily caters to temporary accommodation for cats and dogs, however other pets will be considered on a case by case basis and will be accommodated where possible.

·    The scope of the policy currently includes people who are experiencing family violence. The intention is to trial the practicalities of the policy prior to giving consideration to expanding the policy to include other vulnerable people.

·    The policy has been developed by the three Epping Animal Welfare Facility partners (Whittlesea, Darebin and Moreland City Councils) and RSPCA (Vic).

·    Funding is usually available via specialist family support services to recover the cost of temporary boarding. In instances where this is not possible, the three partner councils will cover the cost of accommodation up to a limit of three weeks.

 

Report

Introduction

Threatening to harm or kill pets is a known method used by some perpetrators of family violence as a means to exert control over their partners.  Research reveals one in three women who had experienced violence from a partner had delayed leaving their partner because of fear for a pet’s safety. (Volant, A.M. et al. (2008) “The Relationship Between Domestic Violence and Animal Abuse”. Journal of Interpersonal Violence 23:9. P.12)

The partnership created through the Epping Animal Welfare Facility (City of Whittlesea, Darebin City Council and Moreland City Council) presented an opportunity for a regional approach to providing temporary accommodation for the pets of people experiencing family violence.

The Domestic Animal Welfare Support Policy outlines the proposed assistance to be provided in such circumstances.

Background

Preventing family violence and responding to the needs of victims is a key requirement of Council through the Public Health and Wellbeing Act.

The Domestic Animal Welfare Support Policy reflects the commitment that each of the three councils has to assisting residents impacted by family violence.

The policy supports the implementation of the Municipal Public Health and Wellbeing Plan and the Equal and Safe Strategy.

Proposal

To provide a timely response to requests for temporary boarding of cats and dogs at the Epping Animal Welfare Facility where residents are at risk of, or in a crisis due to family violence.

Consultation

The policy was developed by the three partner Councils operating out of the Epping Animal Welfare Facility (Whittlesea, Darebin and Moreland), RSPCA (Vic) and specialist family violence support agencies including Safe Steps and Merri Community Health.

Consultation was also undertaken with the Victoria Police Whittlesea Family Violence Investigation Unit.

Financial Implications

Funding is usually available via specialist family support services to recover the cost of temporary boarding.

In instances where this is not possible, the three partner councils will cover the cost of accommodation up to a limit of three weeks (maximum cost of $735 per pet).

Councils will waive microchipping and registration fees where applicable.

Policy strategy and legislation

The Domestic Animal Welfare Support Policy has key linkages with a range of legislation and Council policies and strategies, including:

·    Municipal Public Health and Wellbeing Plan

·    Equal and Safe Strategy

·    Domestic Animal Management Plan

·    Family Violence Protection Act

·    Public Health and Wellbeing Act.

link to strategic risks

Strategic Risk Health, Safety and Welfare - Failure of safety management or controls resulting in serious injury or harm to staff or member of public.

The policy aims to support the welfare of people experiencing family violence by removing barriers to obtaining safe accommodation through temporarily housing their pets.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Connected community

Whittlesea 2040 Key Direction     A healthy and safe community

Strategic Objective                        We have access to family violence prevention programs

Council Priority                             Community Safety

Declarations of Conflicts of Interest

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

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

Conclusion

Family violence is an increasing issue within the broader and Whittlesea communities, and often pets can be a barrier for people experiencing family violence to access safe accommodation.

This initiative can be implemented at little, or no cost to Council and will contribute to our responsibilities under the Public Health and Wellbeing Act and our commitment to addressing family violence as stated in the Municipal Public Health and Wellbeing Plan and Equal and Safe Strategy.

The policy reflects the commitment and partnership between the participating councils, RSPCA (Vic) and specialist support agencies to respond to an important community need.

 

 

RECOMMENDATION

THAT Council resolve to adopt the Domestic Animal Welfare Support Policy.

 

Council Resolution

Moved:                       Cr Sterjova

Seconded:               Cr Kozmevski

 

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

Carried

 


Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

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Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

6.1.5      Assemblies of Council - 3 September 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

16 July 2019

Cr Cox

(Mayor)

Cr Alessi

Cr Desiato

Cr Kelly

Cr Kozmevski

Cr Monteleone

Cr Sterjova

CEO

DCS

DCRS

DCTP

AMCP

EPO

MCAP

TLCPI

EO

 

1.     Food Waste Recycling Trial

2.     Service Review Update

3.     Councillors Working Relationship

4.     General Business

a)    Corporate Credit Card Policy

b)    Streamlining Management positions

c)     Process on seeking IT assistance

d)    Update on recycling services

Nil disclosures

Arts Cultural and Sporting Grants Program for Young People

22 July 2019

 

Cr Cox

(Mayor)

Cr Pavlidis

TLCI

DSO

 

1.     Successful Interstate Sporting Grant – River Walker

2.     Successful Interstate Sporting Grant – Shante Pisani

3.     Successful Interstate Sporting Grant – Jasmine Galea

Nil disclosures

City of Whittlesea Australia Day Committee

22 July 2019

Cr Cox

(Mayor)

TLGA

GO

No quorum achieved, meeting adjourned to August.

Councillor Briefing

23 July 2019

 

Cr Cox

(Mayor)

Cr Alessi

Cr Kelly

Cr Kirkham

Cr Kozmevski

Cr Monteleone

Cr Pavlidis

Cr Sterjova

CEO

DCTP

AMCP

1.     Councillors’ Working Relationship

2.     Extraordinary Recycling Processing Issues Briefing

Nil disclosures

 


 

 

Councillor Briefing

30 July 2019

Cr Cox

(Mayor)

Cr Joseph

(Deputy Mayor)

Cr Alessi

Cr Desiato

Cr Kirkham

Cr Kozmevski

Cr Pavlidis

Cr Sterjova

CEO

DCS

DCRS

DCTP

DPPE

MCCD

TLACD

TLRE

RO

1.     Aboriginal Gathering Place – Business Case

2.     Local Government Victoria Community Satisfaction Survey 2019

3.     General Business

a)    Advertised position – Manager Aged & Disability

b)    Recycling update

c)     Cross cultural program

4.     CEO/Councillor Time

Nil disclosures

The table below represents an Index of Officer titles:

Initials

Title of Officer

Initials

Title of Officer

AMCP

Acting Manager City Presentation – Anthony Kyrkou

GO

Governance Officers – Amanda Marijanovic & Diana Vukic

CEO

Chief Executive Officer – Simon Overland

MCAP

Manager Corporate Accountability & Performance – Frank Joyce

DCS

Director Community Services – Russell Hopkins

MCCD

Manager Community Cultural Development – Catherine Rinaudo

DCRS

Director Corporate Services – Helen Sui

RO

Research Officer – David Trathen

DCTP

Director City Transport and Presentation– Nick Mann

TLACD

Team Leader Aboriginal & Cultural Diversity – Nick Butera

EPO

Environmental Project Officer – Simon Chetwynd-Brown

TLCI

Team Leader Community Inclusion – Kelisha Nikitas

DPPE

Director Partnerships, Planning and Engagement – Liana Thompson

TLCPI

Team Leader Corporate Planning & Improvement – Robert Kisgen

DSO

Department Support Officer – Cheryl Gallagher

TLGA

Team Leader Governance Administration – Avi Maharaj

EO

Executive Officer – Karen Leeder

TLRE

Team Leader Research Engagement – Caralene Moloney

Consultation

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

Financial Implications

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

Policy Strategy and Legislation

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

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

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

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

link to strategic risks

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

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

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Our Council monitors and evaluates all of its operations

Council Priority                             Organisational Sustainability

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

Declarations of Conflicts of Interest

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

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

CONCLUSION

It is recommended that the report containing details of the business transacted at recent Assemblies of Councillors meetings be noted.

 

Recommendation

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

 

Council Resolution

Moved:                       Cr Sterjova

Seconded:               Cr Kozmevski

 

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

Carried

  

 


Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

6.2       Community Services

Nil Reports


Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

6.3       City Transport and Presentation

6.3.1      Response to petition for a cull of kangaroos around Laurimar

Attachments:                        1        Laurimar Town Centre Map   

Responsible Officer:           Director City Transport & Presentation

Author:                                  Team Leader Land Management & Biodiversity   

 

RECOMMENDATION SUMMARY

That Council resolve to not support a cull of kangaroos around Laurimar.

KEY FACTS AND / OR ISSUES

·    Council received a petition signed by 24 residents at a meeting on the 2 July 2019, calling for a cull of kangaroos in Laurimar.

·    The Eastern Grey Kangaroo Macropus gigenteus is a native Australian marsupial. It is found throughout the eastern states of Australia and is abundant in many areas of its range.

·    Wildlife in Victoria is protected under the Wildlife Act 1975. This Act is administered by the Department of Environment Land Water & Planning (DELWP) and Council is not responsible for the management of wildlife.

Section 7A of the Wildlife Act 1975 provides circumstances under which protected wildlife may be killed. DELWP will consider applications where wildlife is:

·    damaging buildings, pasture, crops or other property

·    posing a risk to human health and safety, or

·    damaging the environment

·    Laurimar Estate is a densely populated area of Doreen on the edge of Whittlesea’s Green Wedge and Rural Conservation Zones. The City of Whittlesea manages open space areas within the Laurimar Estate.

·    Calls from residents to Council regarding kangaroos increased in many urban areas including Laurimar over summer as kangaroos moved into suburbs in search of green grass in gardens, sports fields and school grounds.

 

Report

Background

At the end of Summer and the start of Autumn 2019 Council experienced an increase in residents contacting Council regarding kangaroos. Calls to Council’s Customer Service team peaked in March 2019 with a total of 74 reports of dead kangaroos compared to 56 reports for March 2018 and 34 in March 2017. Kangaroos are common along the urban fringes of Melbourne and Council’s experience with them is shared by neighbouring municipalities.

A “Living With Kangaroos” forum was organised in response to a resolution arising from Council Meeting of 7 May 2019. The event was attended by approximately 120 residents. Attendees came from suburban parts of the municipality as well as the rural north.

The session was an opportunity for residents to talk to Agency representatives about their concerns regarding kangaroos, receive information and to record problem areas and issues on printed maps. The concerns expressed by residents included:

·        the need to extend the Council funded euthanasia service for injured kangaroos when wildlife carers and police were unavailable;

·        reduced speed limits and roadside signage in known problem areas;

·        welfare for kangaroos with expanding urban development;

·        concern about personal safety when kangaroos are in suburban yards and parks; and 

·        the impact of kangaroo numbers on farming operations.

This information will be provided to DELWP for consideration during the development of the State-wide Kangaroo Management Strategy.

During the event, a petition to cull kangaroos in the Laurimar Estate was handed to Council officers. The resident petition was signed by 24 residents. Council manages and owns numerous open space areas in the Laurimar Estate (Attachment 1) that are inhabited by kangaroos at times. This includes the Laurimar Recreation Reserve and sports fields, which is the subject of this resident petition. The irrigated sports fields provided a food supply for the kangaroos in the dry summer period and the nature and design of public open space allows for movement of kangaroos along constructed wetlands and other water sources.

Proposal

The petition requests that Council cull kangaroos that are using the Laurimar Recreation Reserve and sports fields, citing several concerns mainly relating to the health and safety of residents. These are briefly discussed below.

Fear of kangaroo attack / personal safety of residents

Kangaroos are not typically aggressive animals and, in most circumstances, avoid interactions with humans. Despite this, they are known to adapt to the presence of humans and will tolerate humans in their search for food and water.

Circumstances where kangaroos “attack” people are considered to be avoidable and the best method to do this is through changing the behaviour of people. Council is attempting to educate local residents and has added information to its website on Living With Kangaroos on how to behave in the presence of kangaroos and will install signs at known problem locations to raise awareness.

 

Health concerns regarding kangaroo faeces

The petition has raised concerns about the presence of ‘kangaroo poop’ on sports grounds. Kangaroos are herbivores and only eat plant material. Their faeces are unlike those of a domestic dog or other carnivorous mammals. Kangaroo faeces are dry, pelletised and odourless. The risk of disease from contact with kangaroo faeces is low.

Risk of vehicle accidents because of kangaroo movements

Doreen and South Morang are in the top 10 animal collision hotspots for Victoria according to insurance industry statistics. This aligns with data from Wildlife Victoria that shows South Morang had the highest number of animal rescues. There is no physical way to prevent kangaroos crossing roads. Possible traffic control measures to reduce collisions include driver awareness and enforced speed reductions. Council’s traffic engineers are investigating opportunities for increased signage in consultation with local wildlife carers and VicRoads.

Permit requirements to undertake a kangaroo cull

As a land manager, Council can apply to DELWP for an Authority to Control Wildlife (ATCW). Culling protected native wildlife is possible under Section 7A of the Wildlife Act 1975.

DELWP will consider applications for an ATCW where wildlife is:

·        damaging buildings, pasture, crops or other property

·        posing a risk to human health and safety, or

·        damaging the environment

Information is required to support an ATCW application including actions that have been taken to manage the wildlife problem that do not require an ATCW. Lethal control of wildlife should only be considered when all practical non-lethal methods have been investigated and were proven to be ineffective or impractical in managing the wildlife problem.

Assessment of Cull Request

As a land manager, Council could apply for an ATCW, however officers do not consider that a cull is either an effective or necessary approach to managing kangaroos in this context.

The Laurimar Estate is surrounded by privately owned farm land outside the urban growth boundary. The public open space network provides connectivity for kangaroos to move between the surrounding land uses and the town centre when seasonal conditions require them to seek out new food sources.

Any action to remove kangaroos that are transiently present within the estate would not be effective in the long term as the main population will continue to seek refuge on the irrigated sports grounds and gardens in dry seasons.

The low risk associated with interacting with kangaroos in urban areas can be mitigated through community education.  Signage and other road management measures can also be applied on the surrounding road network to increase driver awareness of the presence of kangaroos.

Notwithstanding the above management measures, a cull of kangaroos in an urban environment is not practical and is likely to be distressing for some residents.

What is Council doing to manage kangaroos

While Council is not directly responsible for the management of kangaroos, there are a number of actions that Council is taking to reduce the impact and negative interactions between kangaroos and residents:

·        Roadside signage: install wildlife signage in problem areas using local knowledge

·        Education: raising awareness of local residents through the provision of information on Council’s website and temporary signage in public parks that kangaroos are known to use.

·        Planning: Require Kangaroo Management Plans (KMP) in all proposed developments where kangaroos have been identified.

·        Liaising with DELWP and local wildlife carers: Providing information to the department to contribute towards the State-wide Kangaroo Management Plan.

·        Euthanasia Service: City of Whittlesea currently provides a euthanasia service for injured kangaroos during business hours when called upon by local wildlife carers or Victoria Police. Wildlife carers and Victoria Police perform these duties out of business hours.

Consultation

Council officers from Parks and Urban Design, Leisure and Community Facilities and Sustainability Planning have been consulted in the preparation of this report.

The Regional Manager of Environmental Compliance for DELWP was also consulted and visited the site with a Council Officer.

Financial Implications

Signage will be installed and funded within existing operational budgets.

Policy strategy and legislation

City of Whittlesea Biodiversity Strategy

Objective 6: Collaborate With Other Land Management Agencies Priority Action B Advocate for State support to collaboratively develop a region wide kangaroo management plan (or similar) to address the issue of kangaroo movement in developing areas.

DELWP Living With Wildlife Action Plan.

Action 2.4 A Victorian Kangaroo Management Strategy will be developed to inform the sustainable management of Victoria's kangaroo populations and to guide future actions and decisions

link to strategic risks

Strategic Risk Not linked to the risks within the Strategic Risk Register.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Sustainable environment

Whittlesea 2040 Key Direction     Valued natural landscapes and biodiversity

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

Council Priority                             Environmental Sustainability

 

Declarations of Conflicts of Interest

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

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

Conclusion

The petition to cull kangaroos in the Laurimar Estate is not supported by Council officers for the following reasons:

·        Management measures exist which mitigate the risk of interaction between residents and kangaroos;

·        Any reduction of kangaroo populations through culling would only be temporary given connectivity to surrounding rural land uses and larger kangaroo populations;

·        Notwithstanding the above, a cull in urban areas is not practical from a safety perspective, and could be distressing for some residents.

 

RECOMMENDATION

THAT Council resolve to:

1.    not support a cull of kangaroos around Laurimar; and

2.    advise the Head Petitioner of Council’s decision.

Council Resolution

Moved:                       Cr Sterjova

Seconded:               Cr Kozmevski

 

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

Carried

 


Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

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Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

6.4       Corporate Services

6.4.1      2019-71 Temporary Agency Staff Management

Attachments:                        1        Contract Evaluation Report - Confidential

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

Responsible Officer:           Director Corporate Services

Author:                                  Team Leader Human Resources   

 

RECOMMENDATION SUMMARY

It is recommended that contract number 2019-71 for the Provision of Labour Hire Neutral Vendor Managed Services - A Collaboration of the Northern Regional group of Councils:

·    Is awarded to Comensura.

·    For the tendered schedule of rates with total expenditure limited to $2,750,000.

·    For a term from 1 November 2019 to 31 October 2021 with extension options to 31 October 2023.

KEY FACTS AND / OR ISSUES

The tender evaluation panel advises that:

·    This was a collaborative tender with the Northern Regions Councils which included the following officers and Councils:

·      Human Resources and Procurement representatives from Hume City Council, Moreland City Council, City of Whittlesea, Nillumbik Shire Council and Darebin City Council.  

·    A total of five tenders were received.

·    The recommended tender from Comensura was the only conforming tender. Therefore, the highest ranked and is considered best value because of their experience in the local government sector and evidence of systems capacity to deliver the services concurrently across all participating councils.

·    Council currently has a contract with Comensura and is achieving savings on labour hire services of 7.6%. On award of this new contract, Council will achieve additional savings of up to 3.5%.

 

Report

Background

The purpose of this contract is to replace the current contract 2014-190 Temp Agency Staff Management System.  This tender will continue to provide the provision of temporary labour services through a contracted neutral vendor which will provide a single solution to enable staff to source, engage, track, manage and pay temporary staff.  On entering this contract Council will be able to continue sourcing temporary labour hire via a single online sourcing portal which reduces repetitive administrative processes, escalates, tracks the approval process and ensures achieving competitive industry rates. Agency staff are used predominantly to cover unplanned staff absence or to meet short term needs, often for critical service delivery areas. Agency staff may be engaged:

   For ad hoc requirements (eg. catering, functions, events)

   To address unexpected absences (eg. sick leave) for critical service areas such as Aged and Disability Services, Local Laws and Litter Collection

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

   To assist with short term project work. 

Tenders for the contract closed on 23 August 2018 via Hume City Council’s electronic tendering portal.  The tendered prices and a summary of the evaluation are detailed in the confidential attachment.

EVALUATION

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

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

Criteria

Weighting

Price

50%

Capability

25%

Capacity

20%

Impact

5%

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

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

 

The evaluation outcome was as follows:

TENDERER

CONFORMING

COMPETITIVE

SCORE

RANK

Comensura

Yes

Yes

94.5

1

Tenderer B

No

No

NA

N/A

Tenderer C

No

No

NA

N/A

Tenderer D

No

No

NA

N/A

Tenderer E

No

No

NA

N/A

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

FINANCIAL IMPLICATIONS

Each department funds recruitment and temporary agency staff procured under the contract within its own recurrent budget.

On entering into this contract Council will be able to source temporary labour hire services via a single online sourcing portal which reduces repetitive administrative processes, escalates, tracks the approval process and ensure achieving competitive industry rates.

link to strategic risks

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

The availability and use of agency and temporary staff is a key control to ensure we can maintain service delivery levels in times of unexpected leave, or where additional resources are required for short term projects.

Links to WHITTLESEA 2040 AND the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Our Council strives to achieve long term financial sustainability

Council Priority                             Organisational Sustainability

 

Declarations of Conflicts of Interest

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

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

CONCLUSION

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

 

 

Recommendation

THAT Council resolve to:

1.         Accept the tender submitted by Comensura for the schedule of rates detailed in the confidential attachment for the following contract:

Number:    2019-71

Title:          Temporary Agency Staff Management

Term:         1 November 2019 to 31 October 2021

Options:    Term extensions up to 31 October 2023 (only to be exercised if separately approved by Council)

Value:        Total expenditure is limited to a maximum of $2,750,000 (excluding GST) unless otherwise approved by Council

subject to the following conditions:

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

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

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

Council Resolution

Moved:                       Cr Sterjova

Seconded:               Cr Kozmevski

 

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

Carried

 


Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

6.4.2      Committee of Council recommendation - Lease - Citywide Service Solutions - Epping Depot - 68-96 Houston Street Epping

Attachments:                        1        Houston Street Accommodation

2        Duffy Street Accommodation   

Responsible Officer:           Director Corporate Services

Author:                                  Senior Property Officer   

 

RECOMMENDATION SUMMARY

1.   That Council officers have completed the statutory processes required under Sections 190 and 223 of the Local Government Act 1989, and that part of Council’s land located at 68-96 Houston Street, Epping and 51-59 Duffy Street, Epping (‘Epping Depot’). 

2.   That:

·    The lease be awarded to CityWide Service Solutions for the purposes of providing suitable accommodation facilities to house its staff within the Epping Depot along with the provision of suitable material stock-piling areas.

·    The lease, commencing on 1 April 2019, will be offered for an initial period of six years and with an option of one further term of three years and a further term of one year.

·   A commencement date rental of $44,000 per annum (plus GST & outgoings) in accordance with the rates tendered under the Parks & Open Space maintenance contract CT 2016-201.

KEY FACTS AND / OR ISSUES

·    Council, at its meeting of 4 June 2019, resolved to invite public submissions on the proposed lease with CityWide Service Solutions (CityWide) to lease part of Council’s land located at 68-96 Houston Street Epping and 51-59 Duffy Street Epping (‘Epping Depot’).

·    No submissions were received as part of the advertising process and the elected Committee of Council was advised that a submissions hearing was not required. The matter may now be presented to Council for their final recommendation. 

 

Report

BACKGROUND

Council, at its meeting of 4 June 2019, resolved to invite public submissions on the proposed lease with CityWide Service Solutions (CityWide) to lease part of Council’s land located at 68-96 Houston Street Epping and 51-59 Duffy Street Epping (‘Epping Depot’).

 

The proposed lease will grant CityWide suitable accommodation facilities to house its staff within the Epping Depot (see Attachment 1 – Houston Street Accommodation) along with the provision of suitable material stock-piling areas (Attachment 2 - Duffy Street Accommodation). The lease areas would replicate that tendered and awarded to CityWide Service Solutions in 2009 under contract CT090801.

 

Proposal

To seek Council’s approval on the proposed lease in consideration that no submissions were received throughout the public submission process.

Financial Implications

A lease gross rental of $44,000 per annum (plus GST & outgoings) is to be charged in accordance with the rates tendered under the Parks & Open Space maintenance contract CT 2016-201.

Policy strategy and legislation

Council officers have completed the statutory processes required under Sections 190 and 223 of the Local Government Act 1989.  Submissions were invited for a period no less than 28 days. No submissions were received as part of the advertising process and the elected Committee of Council was advised that a submissions hearing was not required. The matter may now be presented to Council for their final recommendation. 

link to strategic risks

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

The proposed lease to CityWide Service Solutions will ensure that suitable staff accommodation and material stock-piling facilities are provided under the Parks & Open Space maintenance contract CT 2016-201. The provision of facilities ensures will boost efficiencies of services carried out and ensure Council officers retain a direct and accessible relationship with its appointed contractors.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Sustainable environment

Whittlesea 2040 Key Direction     Valued natural landscapes and biodiversity

Strategic Objective                        We support our community to be environmentally aware and active

Council Priority                             Environmental Sustainability

 

Declarations of Conflicts of Interest

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

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

Conclusion

The proposed lease will enable CityWide Service Solutions (‘CityWide’) to provide suitable staff accommodation facilities and material stock-piling areas within part of Council’s land located at 68-96 Houston Street, Epping and 51-59 Duffy Street, Epping (‘Epping Depot’).

 

RECOMMENDATION

THAT Council resolve to:

1.       Note that public submissions on the proposed lease with CityWide Service Solutions were invited in accordance with Section 223 of the Local Government Act 1989 and that no submissions were received at the close of the public submission period.

2.       Enter in to a lease with CityWide Service Solutions for part of Council’s land located at 68-96 Houston Street, Epping and 51-59 Duffy Street, Epping (‘Epping Depot’).  The lease will be drawn under the following terms and conditions –

a)      The Tenant will be offered a lease for an initial period of six years with an option of one further term of three years and a further term of one year.

b)      The lease will charge a gross rental of $44,000 per annum (plus GST & outgoings) in accordance with the rates tendered under the Parks & Open Space maintenance contract CT 2016-201.

c)      The rent will be reviewed annually to CPI (‘All Melbourne index’) at the anniversary date of the lease commencement date (1 April 2019). Council will reserve the right to undertake a market rent review at the expiry of the initial term and each of the further terms.

3.       Authorise the Chief Executive Officer to negotiate all other terms and conditions, and execute the lease.

Council Resolution

Moved:                       Cr Kozmevski

Seconded:               Cr Joseph

 

THAT Council resolve to adopt the Recommendation.

Carried

 


Ordinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Tuesday 3 September 2019

 

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Ordinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                 Tuesday 3 September 2019

 

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Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

6.4.3      Committee of Council recommendation - Lease - 3ME NETWORK AUSTRALIA (radio) - Part of 100W Great Eastern Way South Morang

Attachments:                        1        Site Plans

2        Construction Drawings   

Responsible Officer:           Director Corporate Services

Author:                                  Senior Property Officer   

 

RECOMMENDATION SUMMARY

1.   That Council officers have completed the statutory processes required under Sections 190 and 223 of the Local Government Act 1989, and that a lease may be negotiated for part of Council’s land located at 100W The Great Eastern Way, South Morang.

2.   That:

·    The lease be awarded to 3ME Network Australia for the purposes of constructing a new telecommunication tower within Council’s reserve (in accordance with planning permit 2018-717318) and enable the decommissioning of the existing tower situated within the Melbourne Water’s land at 91 Williamsons Road, South Morang.

·    A commencement date rental of $24,000 per annum (plus GST) be charged and reviewed annually by fixed 4% increments. Council will reserve the right to undertake a market rent review at the end of the initial term and all further terms.

·    The lease, commencing on 1 September 2019, will be offered for an initial period of ten years with options for two further terms of five years each.

KEY FACTS AND / OR ISSUES

·    Council, at its meeting of 4 June 2019, resolved to invite public submissions on the proposed lease with 3ME Network Australia to lease part of Council’s land located at 100W The Great Eastern Way, South Morang.

·    3ME Network Australia will construct a new telecommunication tower (30m high) and equipment shelter within a 25m2 footprint (5m x 5m) of the reserve, located south of the Hillsview Recreation Reserve soccer pitches (within the Ausnet high voltage powerline easement).

·    No submissions were received as part of the advertising process and the elected Committee of Council was advised that a submissions hearing was not required. The matter is now presented to Council for its final recommendation. 

 

Report

BACKGROUND

Council, at its meeting of 4 June 2019, resolved to invite public submissions on the proposed lease with 3ME Network Australia to lease part of Council’s land located at 100W The Great Eastern Way, South Morang (see Attachment 1 - Site Plans and Attachment 2 – Construction Drawings).

The proposed lease will enable 3ME Network Australia to construct a new 30m high telecommunication facility and equipment shelter within a 25m2 footprint of the reserve, located south of the Hillsview Recreation Reserve soccer pitches. The facility will be built in accordance with planning permit 2018-717318.

Proposal

To seek Council’s approval on the proposed lease in consideration that no submissions were received throughout the public submission process.

Financial Implications

Council’s Manager Property, Rates & Valuations has proposed that a commencement rental of $24,000 per annum plus GST (full market rental) be charged and reviewed annually by fixed 4% increments. Council will reserve the right to undertake a market rent review at the end of the initial term and all further terms.

Policy strategy and legislation

Council officers have completed the statutory processes required under Sections 190 and 223 of the Local Government Act 1989.  Submissions were invited for a period no less than 28 days. No submissions were received as part of the advertising process and the elected Committee of Council was advised that a submissions hearing was not required. The matter may now be presented to Council for their final recommendation. 

link to strategic risks

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

The proposed lease will ensure that 3ME Network Australia’s 24-hour Arabic radio broadcasting network is retained despite the de-commissioning and sale of Melbourne Water’s land located at 91 Williamsons Road, South Morang.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Strong local economy

Whittlesea 2040 Key Direction     Successful, innovative local businesses

Strategic Objective                        Our local, industrial and regional business communities are supported to thrive in our City

Council Priority                             Health and Wellbeing

 

Declarations of Conflicts of Interest

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

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

Conclusion

The proposed lease will enable 3ME Network Australia to construct a new 30m high telecommunication facility and equipment shelter within a 25m2 footprint of the reserve, located south of the Hillsview Recreation Reserve soccer pitches. The facility will be built in accordance with planning permit 2018-717318.

RECOMMENDATION

THAT Council resolve to:

1.       Note that public submissions on the proposed lease with 3ME Network Australia were invited in accordance with Section 223 of the Local Government Act 1989 and that no submissions were received at the close of the public submission period.

2.       Enter into a lease with 3ME Network Australia for the purposes of constructing a new 30m high impact telecommunication facility within part of Council’s land located at 100W The Great Eastern Way, South Morang. The lease will be drawn under the following terms and conditions –

a)      The Tenant will be offered a lease for an initial period of ten years with an option for two further terms of five years each.

b)      The Tenant will pay a commencement date rental of $24,000 per annum (plus GST) be charged and reviewed annually by fixed 4% increments. Council will reserve the right to undertake a market rent review at the end of the initial term and all further terms.

c)      The construction of a new telecommunication facility will be built in accordance with planning permit 2018-717318.

3.       Authorise the Chief Executive Officer to negotiate all other terms and conditions and execute the lease.

COUNCIL RESOLUtion

Moved:                       Cr Alessi

Seconded:               Cr Desiato

 

THAT Council resolve to:

1.       Note that public submissions on the proposed lease with 3ME Network Australia were invited in accordance with Section 223 of the Local Government Act 1989 and that no submissions were received at the close of the public submission period.

2.       Enter into a lease with 3ME Network Australia for the purposes of constructing a new 30m high impact telecommunication facility within part of Council’s land located at 100W The Great Eastern Way, South Morang. The lease will be drawn under the following terms and conditions –

a)      The Tenant will be offered a lease for an initial period of ten years with an option for two further terms of five years each.

b)      The Tenant will pay a commencement date rental of $24,000 per annum (plus GST) be charged and reviewed annually by fixed 4% increments. Council will reserve the right to undertake a market rent review at the end of the initial term and all further terms.

c)      The construction of a new telecommunication facility will be built in accordance with planning permit 2018-717318.

(d)     To ensure a more aesthetically sensitive outcome to the surrounding amenities, the Tenant will be required to maintain the leased area and surrounds with appropriate fencing type, choose fencing and building colours will minimise environmental impact, for example greens, planting of native vegetation, and land management controls (including weeding).

3.       Authorise the Chief Executive Officer to negotiate all other terms and conditions and execute the lease.

                                                                                                                                    CARRIED

 


Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

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Ordinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Tuesday 3 September 2019

 



 


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Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

6.4.4      Committee of Council recommendation - Lease - Ausnet Services - Mill Park Leisure Centre Redevelopment

Attachments:                        1        Site Plan   

Responsible Officer:           Director Corporate Services

Author:                                  Senior Property Officer   

 

RECOMMENDATION SUMMARY

1.   That Council officers have completed the statutory processes required under Sections 190 and 223 of the Local Government Act 1989, and that a lease may be negotiated for part of Council’s land located at 29W Morang Drive, Mill Park (Mill Park Leisure Centre), to Ausnet Services (‘Ausnet’).

2.   That:

·    The lease be awarded to Ausnet Services

·    A commencement date rental of $0.10 per annum (plus GST) will be charged in lieu of the financial contribution provided by Ausnet installing the new power kiosk (total cost of the works is $121,931).

·    The lease commencing 1 September 2019, be offered for an initial period of 30 years with an option of one further term of 20 years.

KEY FACTS AND / OR ISSUES

·    Council, at its meeting of 4 June 2019, resolved to invite public submissions on the proposed lease with Ausnet Services (‘Ausnet’) to lease Council’s land located at 29W Morang Drive, Mill Park (Mill Park Leisure Centre).

·    No submissions were received as part of the advertising process and the elected Committee of Council was advised that a submissions hearing was not required. The matter may now be presented to Council for their final recommendation.

 

Report

BACKGROUND

Council, at its meeting of 4 June 2019, resolved to invite public submissions on the proposed lease with Ausnet Services (‘Ausnet’) to lease Council’s land located at 29W Morang Drive, Mill Park (Mill Park Leisure Centre).

The proposed lease will enable Ausnet to install a new power supply kiosk as part of the redevelopment works to the Mill Park Leisure Centre (see Attachment 1 – Site Plan). The total cost of the works is $121,931 for which Ausnet has only asked Council to contribute $500 plus GST.

Proposal

To seek Council’s approval on the proposed lease in consideration that no submissions were received throughout the public submission process.

Financial Implications

A commencement date rental of $0.10 per annum (plus GST) will be charged in lieu of the financial contribution provided by Ausnet installing the new power kiosk (total cost of the works is $121,931).

Policy strategy and legislation

Council officers have completed the statutory processes required under Sections 190 and 223 of the Local Government Act 1989.  Submissions were invited for a period no less than 28 days. No submissions were received as part of the advertising process and the elected Committee of Council was advised that a submissions hearing was not required. The matter may now be presented to Council for their final recommendation. 

link to strategic risks

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

The proposed lease and installation of the new power supply kiosk will ensure suitable delivery of the Mill Park Leisure Centre redevelopment at a minimal financial cost to Council. The kiosk will also enable other neighbouring community services (i.e. DPV Health, Mill Park softball) to have access to power supply upgrades.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Our Council explores and develops collaborative approaches and partnerships to deliver services, buildings and community spaces

Council Priority                             Organisational Sustainability

 

Declarations of Conflicts of Interest

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

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

Conclusion

The proposed lease will enable Ausnet Services to install a new power supply kiosk within part of Council’s land located at 29W Morang Drive Mill Park. The services will be used to enable the delivery of the Mill Park Leisure Centre redevelopment.

 

RECOMMENDATION

THAT Council resolve to:

1.       Note that public submissions on the proposed lease with Ausnet Services were invited in accordance with Section 223 of the Local Government Act 1989 and that no submissions were received at the close of the public submission period.

2.       Enter into a lease with Ausnet Services to enable the installation of new power kiosk within part of Council’s land located at 29W Morang Drive, Mill Park (Mill Park Leisure Centre).  The lease will be drawn under the following terms and conditions –

a)      The Tenant will be offered a lease for an initial period of 30 years with an option for one further term of 20 years.

b)      A commencement date rental of $0.10 per annum (plus GST) will be charged in lieu of the financial contribution provided by Ausnet installing the new power kiosk (total cost of the works is $121,931).

3.       Authorise the Chief Executive Officer to negotiate all other terms and conditions, and execute the lease.

Council Resolution

Moved:                       Cr Sterjova

Seconded:               Cr Kozmevski

 

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

Carried

 


Ordinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Tuesday 3 September 2019

 


Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

6.4.5    2019-20 Growing Suburbs Fund - Project Applications

Attachments:                        1        Prioritised Projects   

Responsible Officer:           Director Corporate Services

Author:                                  Business Projects Officer   

 

RECOMMENDATION SUMMARY

That Council approve the following seven projects listed in priority order for application to the 2019/20 round of the Growing Suburbs Fund:

1.       Development of Quarry Hills Regional Parkland (PID 0408) for $2,500,000.

2.       Streetscape Improvement Program – Stage 2 & 3, Lalor (PID 2072) for $1,500,000.

3.       Community Energy Efficiency Program (PID 1914) for $750,000.

4.       Whittlesea Community Skate Park Activation (PID 0632) for $375,000.

5.       Mernda Village Adventure Park Development (PID 3113) for $500,000.

6.       McLeans Road Kindergarten Upgrade (PID 2073) for $500,000.

7.       Whittlesea Public Gardens Revitalisation (PID 0405) for $2,000,000.

KEY FACTS AND / OR ISSUES

·        Applications for the 2019/20 round of the Growing Suburbs Fund (GSF) opened on 19 August 2019.  It is proposed that Council submit applications for seven projects, totalling $8,125,000 which will need to be matched by Council funding.  This report seeks Council’s approval to proceed with the GSF applications and a priority order for the funding submissions.

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

·        A working group containing a cross section of Council Officers identified seven priority projects from the 4 Year New Works Program that best aligned with the GSF Guidelines.

·        All project proposals have been discussed with the funding agency, the Department of Environment, Land, Water and Planning (DELWP) and site visits undertaken as required in the grant guidelines.  Applications for projects that have not been discussed with DELWP will not be considered by them.

·        The guidelines place a strong emphasis on projects that are ready to commence work within 18 months of the funding announcement (expected in late 2019) and for construction to be completed within three years of commencement of works.

 

Report

Introduction

Applications for the 2019/20 round of the Growing Suburbs Fund (GSF) opened on 19 August 2019.  It is proposed that Council submits an application for seven projects, totalling $8,125,000.  This report seeks Councils approval to proceed with the GSF application based on the proposed priority.  The listed order of priority is a requirement for DELWP to understand Council’s relative priority of the projects.

Background

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

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

·    Community health, well-being and social interaction

·    Early education, learning and training

·    Sport, recreation and leisure facilities that support multi use purposes

·    Environmental and climate change resilience

·    Place-making, civic amenity and community connecting.

The maximum allocation to any of the 10 eligible councils is 20% of the $50 million fund (i.e. $10 million).  The City of Whittlesea has been very successful in past GSF Rounds and on average has successfully received $5-$6 million per round from this funding program.

It is important to note that the funding agency DELWP, will award the entire $50 million grant from November 2019.  Interface councils must be prepared to enter into funding agreements with DELWP during December 2019, and all successful projects must commence construction within 18 months of the funding announcement (no later than June 2021).  Emphasis is on projects ready to proceed and construction must be completed within three years of commencement of works.

The key difference from previous rounds of this grant program is the requirement to discuss all eligible project applications with DELWP before submission of the applications.  The proposed list of projects has been discussed with DELWP and seven have been supported for application to the GSF.

The GSF will generally not fund:

·    Projects that have already commenced construction

·    Land acquisition

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

·    Maintenance works

·    Recurrent operating costs

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

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

·    Service connections.

In addition, the 2019/20 round of the GSF has the following specific rules:

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

·    Unspent funds must be returned.

Applications for infrastructure funding will be assessed against the following five criteria:

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

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

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

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

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

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

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

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

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

·  Recognised council priority and supported by the community.

Each project must be supported by a business case, concept plan, cost estimates and a project plan.  These are currently being prepared for the proposed projects.  Applications close 2.00pm on 30 September 2019.

Proposal

A cross-organisation working group was established to identify opportunities in the 4 Year New Works Program and shortlist projects that best met the Grant guidelines.

Council officers then met with the funding agency, the Department of Environment Land Water and Planning (DELWP) to discuss the shortlisted projects as identified by the working group (refer to Attachment 1 for summary of project opportunities).  DELWP provided feedback on the likely strength of the shortlisted projects against the Grant fund objectives and criteria, which further helped prioritise the list of possible projects.


 

The projects listed below were identified as best meeting the Grant funding objectives and criteria and are listed in priority order (as Per Attachment 1).

Project

PID

Proposed Funding

Growing Suburbs Fund

Proposed Council Matching Funds/Year

Development of Quarry Hills Regional Parkland

Delivery of Stage 1 of the Council endorsed Quarry Hills Masterplan.  The development of Granite Hills Park as a new major community park within Regional Parkland.





0408

2,500,000

2,500,000 (2020/21+)

Streetscape Improvement Program -
Stage 2 & 3, Lalor

Lalor Shopping Precinct Streetscape Improvement Program is being implemented to enhance access and amenities in line with the Lalor Thomastown Masterplan.

2072

1,500,000

1,500,000 (2020/21+)

Community Energy Efficiency Program

Implementation of energy efficient systems at community facilities to minimise energy consumption, reduce corporate greenhouse gas emissions and the impact on the environment.


1914


750,000


750,000 (2020/21+)

Whittlesea Community Skate Park Activation

Upgrade of the Whittlesea Township skate park as identified in the City of Whittlesea Cycle and Skate Strategy to provide stronger connections to adjacent community facilities.

0632

375,000

375,000 (2020/21+)

Mernda Village Adventure Park Development

Upgrade of the Mernda Village Adventure Park to ensure these highly frequented assets meet community needs. 

3113

500,000

500,000 (2020/21+)

McLeans Road Kindergarten Upgrade

Upgrade of facility to improve and increase the kindergarten’s capacity to 66 places to service the surrounding community.  This will address the needs for forecast demand for 3 and 4 year-old kindergarten programs.

2073

500,000

500,000 (2020/21)

Whittlesea Public Gardens Revitalisation

One of four major community parks identified for upgrade and renewal in the City of Whittlesea Open Space Strategy to strengthen community use and connection.

0405

2,000,000

2,000,000 (2020/21+)

Total

$8,125,000

$8,125,000

In summary, the proposed seven project applications listed above best meet the GSF grant criteria for a total application of $8,125,000.  An equivalent funding contribution is required from Council. 

Consultation

A series of meetings and site visits were undertaken with DELWP to discuss potential project applications and feedback was received regarding their suitability.

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

Critical Dates

·    All project proposals must be discussed with DELWP prior to applications being made.  This has occurred.

·    Applications close on 30 September 2019.

·    Funding announcements are expected from November 2019.

·    Funding Agreements are to be executed from December 2019.

·    Successful projects are to commence by June 2021.

Financial Implications

The proposed seven projects listed above amount to a total application amount of $8,125,000.  Council must contribute a matching funding amount to that of the Growing Suburbs Fund application and all projects must commence no later than June 2021 and be completed within 3 years.

The projects are listed and budgeted in the 4 Year New Works Program. If the grant applications are all successful, this will result in offsets to Council’s future New Works Program budget of $8,125,000.

Policy strategy and legislation

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


Links to the CoUNCIL Plan

Council Priority                    Planning and Infrastructure

Future Direction                   Places and spaces to connect people

Theme                                   Planning our space

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

Declarations of Conflicts of Interest

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

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

Conclusion

Applications to 2019/20 round of the Growing Suburbs Fund will close on 30 September 2019.  After extensive consideration of the projects currently listed in Council’s 4 Year New Works Program, seven projects were found to best meet the criteria and are recommended for Council approval in the priority order for submission to the Grant program.

RECOMMENDATION

THAT Council resolve to approve the submission of the following seven projects listed in priority order to the 2019/20 round of the Growing Suburbs Fund:

1.    Development of Quarry Hills Regional Parkland (PID 0408) for $2,500,000.

2.    Streetscape Improvement Program – Stage 2 & 3, Lalor (PID 2072) for $1,500,000.

3.    Community Energy Efficiency Program (PID 1914) for $750,000.

4.    Whittlesea Community Skate Park Activation (PID 0632) for $375,000.

5.    Mernda Village Adventure Park Development (PID 3113) for $500,000.

6.    McLeans Road Kindergarten Upgrade (PID 2073) for $500,000.

7.    Whittlesea Public Gardens Revitalisation (PID 0405) for $2,000,000.

Council Resolution

Moved:                       Cr Sterjova

Seconded:               Cr Kozmevski

 

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

Carried

 


Ordinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                 Tuesday 3 September 2019

 

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Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

6.4.6      2018/19 NEW WORKS PROGRAM - YEAR END REPORT

Attachments:                        1        Financial Summary

2        Project Progress Report

3        Project Status Photos

4        Proposed Carry Forward   

Responsible Officer:           Director Corporate Services

Author:                                  Business Support Officer   

 

RECOMMENDATION SUMMARY

That Council resolve to:

1.      Note the 2018/19 Year End New Works Program report.

2.      Note the adjusted delivery rate of 87%.

3.      Approve the proposed carry forward of projects totalling $16,857,344.

KEY FACTS AND / OR ISSUES

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

·    The 2018/19 New Works Program adopted budget is $95,700,031.

·    The adjusted budget for 2018/19 is $88,855,570 due to individual project budget adjustments as reported through the Quarterly Reports to Council.

·    The value of work completed to the end of the financial year is $70,515,995.

·    The adjusted delivery rate is 87% after consideration of abnormal items.

·    The proposed carry forward is $16,857,344.

 

Report

Introduction

This report provides an overview of the financial performance and status of the New Works Program at the end of the 2018/19 financial year and the proposed carry forward into the 2019/20 New Works Program.  This report includes:

·    A financial summary of the 2018/19 program to the end of June 2019 (Attachment 1).

·    A detailed progress report on individual projects within the New Works Program (Attachment 2).

·    Photos on the progress of a sample of completed and significant projects (Attachment 3).

·    Proposed carry forward of budget into the 2019/20 program (Attachment 4).

The year-end expenditure for the 2018/19 New Works Program is $70,515,995, which includes payments and accruals for work completed to the 30 June 2019.

The adjusted delivery rate is 87% taking into consideration abnormal items such as surplus, unbudgeted income (eg grants) and unavoidable circumstances.

The fourth quarter was a period when many projects progressed to completion or substantially near completion.  In particular, the following key projects have achieved significant milestones throughout the year:

Completion of:

·    Project ID 0002 – Sportsfield Upgrade, Epping Recreation Reserve

·    Project ID 0076 – Local Road Resurfacing Program

·    Project ID 0077 – Local Road Reconstruction/Rehabilitation Program

·    Project ID 0118 – Renewal of Playgrounds and General Landscape Improvements Program

·    Project ID 0252 – Street Tree Renewal Program

·    Project ID 1915 – Stage 1 refurbishment of  Whittlesea Aquatic Facility

·    Project ID 2206 – Construction of Rotunda and Pathway Lighting Installation, Mill Park Lakes

·    Project ID 2214 – CCTV in May Road Lalor

·    Project ID 2215 – Portable Change Rooms – A F Walker Reserve, Whittlesea Township

·    Project ID 2222 – Lighting Upgrade – Church Street, Whittlesea Township

·    Project ID 2228 – Yan Yean Pipe Track – Rail Reserve to Williamsons Road

·    Project ID 2231 – Stage 1 Upgrade – Bubup Wilam Early Learning Centre

·    Project ID 2247 – Pathways to Stations

·    Project ID 3024 – Blackspot Funding - Great Brome Ave Traffic Management Works

Significant Projects nearing Completion in Q1 2019/20:

·    Project ID 0696 – Construction of two soccer fields and pavilion – Lalor West Reserve (Mosaic)

·    Project ID 0703 – Construction of two soccer fields and pavilion – Painted Hills Recreation Reserve

·    Project ID 1324 – Construct Pavilion at Harvest Home Recreation Reserve

·    Project ID 1698 - Pavilion Upgrade at Main Street Reserve, Thomastown

·    Project ID 1701 – Conversion of Janefield School Building into Community Facility, University Hill.

Commencement of:

·    Project ID 1462 – Upgrade Pavilion, Duffy Street Reserve, Epping

·    Project ID 1589 – Redevelopment of Mill Park Leisure Centre

·    Project ID 1915 – Stage 2 refurbishment of Whittlesea Aquatic Facility

·    Project ID 2039 – Signalise Intersection - Ferres Blvd/Findon Road, South Morang

·    Project ID 2052 and 2053 – Upgrade of Sycamore Reserve BMX Facility

·    Project ID 2145 – Masterplan Implementation of.Norris Bank Reserve, Bundoora

Background

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

Throughout the year individual project budget adjustments have been reported through Quarterly Reports to Council providing a revised annual budget of $88,855,570.

This is a result of projects being completed with savings, unbudgeted external funding received, projects delivered as Works in Kind and new and existing projects that required additional funds.

Proposal

The proposed carry forward of funds into 2019/20 is $16,857,344 of which the majority have contracts in place.  The key contributors to this carry forward are:

·    Multi-year projects that have contracts awarded with obligations to deliver projects.

·    Extraordinary and unforeseen delays due to petitions, inadequate tender submissions and land acquisition delays due to land owner negotiations.

·    Unbudgeted external grant funding agreements (eg Urbanise Cookes Road, Refurbishment of Whittlesea Aquatic Facility Stage 2 and Bubup Wilam Facility Upgrade Stage 2).

Many of the carry forward projects are also multi year and have the appropriate resources in place to deliver.

A complete list of proposed carry forward projects are included in Attachment 4. 

Consultation

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

Critical Dates

This report is to be read in conjunction with the 2018/19 Annual Financial Statement.

Financial Implications

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

Financial Status of the New Works Program by Group:

Group

Year End  Actual Expend.

Annual Budget

Variance to Annual Budget

Revised Budget

Variance to Revised Budget

Proposed Carry Forward Budget

Buildings

25,812,645

39,206,646

13,394,001

34,596,336

8,783,691

6,377,060

Drains

65,361

92,819

27,458

92,819

27,458

0

Planning & Feasibility

512,441

500,000

-12,441

500,000

-12,441

0

Open Space

22,280,584

22,378,315

97,731

24,647,875

2,367,291

3,402,644

Plant & Equipment

4,516,141

4,002,436

-513,705

4,322,436

-193,705

715,533

Roads & Paths

11,181,592

23,623,408

12,441,816

17,894,911

6,713,319

6,275,974

Transport

6,147,231

5,896,407

-250,824

6,801,193

653,962

86,133

Total

70,515,995

95,700,031

25,184,036

88,855,570

18,339,575

16,857,344

Key projects contributing to this variance are:

·    Project ID 104 - Replacement of Council Fleet.  This is overspent as purchases were delayed in 2017/18 until 2018/19 to achieve best value.

·    Project ID 1218 - Construct Findon Road extension - Williamsons Road to Danaher Drive.  The finalisation of the land acquisition with the developer was delayed and settlement is scheduled to take place in the first quarter of 2019/20.

·    Project ID 1589 - Redevelopment of Mill Park Leisure Centre.  The excavation works experienced delays due to extensive latent conditions such as rock and poor ground conditions.

·    Project ID 2192 - All Abilities Play Space.  Receipt of a community petition delayed the award of contract for stage 1 of the play space.

The 2018/19 Program year-end result was a net deficit of $708,112 being the direct result of some multi-year projects being ahead of schedule.  These projects have funding available in the 2019/20 budget to offset this deficit and adjustments will be made to the 2019/20 budgets to accommodate the respective project deficits.

A number of key projects will be continuing into the 2019/20 financial year, which have significant commitments and contracts in place and expenditure expected within the first six months of the new financial year.  Examples include the Painted Hills Recreation Reserve, Main Street Reserve Pavilion and the Harvest Home Recreation Reserve Pavilion projects.

Policy strategy and legislation

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

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

link to strategic risks

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

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Our Council strives to achieve long term financial sustainability

Council Priority                             Organisational Sustainability

Declarations of Conflicts of Interest

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

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

Conclusion

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

The adjusted delivery rate is 87% after taking into consideration abnormal items such as net surplus, unbudgeted income (grants) and unavoidable delays.

The total number of projects included in the 2018/19 New Works Program was 135. Of this, 41 projects have been completed and 80 are ongoing or multi year.

 

RECOMMENDATION

THAT Council resolve to:

1.       Note the 2018/19 Year End New Works Program report.

2.       Note the adjusted delivery rate of 87%.

3.       Approve the proposed funding of carry forward projects totalling $16,857,344 (as per Attachment 4).

 

Council Resolution

Moved:                       Cr Sterjova

Seconded:               Cr Kozmevski

 

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

Carried

 


Ordinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Tuesday 3 September 2019

 

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Ordinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                 Tuesday 3 September 2019

 

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Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

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Ordinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                        Tuesday 3 September 2019

 

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Ordinary Council Minutes                                                            Tuesday 3 September 2019

 

6.4.7      Reappointment of Independent Member to the Audit & RIsk Committee   

Responsible Officer:           Director Corporate Services

Author:                                  Internal Compliance Officer   

 

RECOMMENDATION SUMMARY

That Council resolve to reappoint Ms Theresa Glab as an independent member to the City of Whittlesea’s Audit & Risk Committee commencing 1 October 2019 for a three-year term ending 30 September 2022, in accordance with the terms of reference contained in the Audit & Risk Committee Charter.

KEY FACTS AND / OR ISSUES

·    In accordance with the City of Whittlesea Audit & Risk Committee Charter, Council is required to appoint independent external representatives to the Audit & Risk Committee. 

·    This report seeks Council’s approval to reappoint Ms Theresa Glab as an independent member to the Committee, as her current term concludes on 30 September 2019.

 

 

Report

Background

At its meeting on 31 October 2017, Council resolved to appoint Ms Theresa Glab as an independent external representative to the Audit & Risk Committee for a two-year term ending 30 September 2019. In accordance with the Audit & Risk Committee Charter, independent representatives can be reappointed for up to three additional three-year terms, subject to Council approval.

Proposal

Reappointment of Independent Committee Representative

To ensure that all skills, knowledge and expertise are maintained on the Committee and that no two members’ terms end simultaneously, a staggered approach to Committee appointments was introduced in 2015.

To implement a staggered approach to Committee member appointments, Ms Glab’s first appointment to the Committee was for a two-year term ending 30 September 2019. The current terms of the other two independent members of the Committee, Mr Geoff Harry and Mr Michael Ulbrick, conclude on 30 September 2020 and 30 September 2021 respectively.

Ms Glab is considered to be a valuable member of the Audit & Risk Committee and has expressed a strong desire to continue with the City of Whittlesea to further enhance the role and importance of the Audit and Risk Committee. It is recommended to Council that Ms Glab be reappointed to the Audit & Risk Committee for an additional term of three-years commencing 1 October 2019.

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

The Audit & Risk Committee assists Council in monitoring its governance requirements and provides advice to Council to assist with fulfilling its oversight responsibilities.

Links to WHITTLESEA 2040 AND the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Our Council monitors and evaluates all of its                                    operations

Council Priority                              Organisational Sustainability

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

Declarations of Conflicts of Interest

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

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

CONCLUSION

To allow for staggering of independent external Committee member appointments, and as one of the Committee member’s current terms is due to expire, Council is required to make a further appointment. It is recommended that Ms Theresa Glab be reappointed to the Committee for an additional three-year term.

 

Recommendation

THAT Council resolve to reappoint Ms Theresa Glab as an independent member to the City of Whittlesea’s Audit & Risk Committee commencing 1 October 2019 for a three-year term ending 30 September 2022, in accordance with the terms of reference contained in the Audit & Risk Committee Charter.

 

Council Resolution

Moved:                       Cr Sterjova

Seconded:               Cr Kozmevski

 

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

Carried

 

 

 

 

 

 

 


Ordinary Council Agenda                                                            Tuesday 3 September 2019

 

6.4.8    Quarterly Safety and Wellbeing report - June 2019 update 

Responsible Officer:           Director Corporate Services

Author:                                  Manager Corporate Accountability and Performance   

 

RECOMMENDATION SUMMARY

That Council note the report including the progress of the 2019 Wellbeing Plan and improvement in safety performance.

KEY FACTS AND / OR ISSUES

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

Council’s safety performance continues to significantly improve as evidenced through:

·    Improvement in lost time injury frequency rate (nationally recognised measure for safety performance) of 7.1% over the financial year.

·    Significant improvement in successfully returning injured workers to work with the days to return to work reducing from 23 (2017) to 14 (2018) to 9 (2019 year to date).

·    All components of the Wellbeing Plan have been achieved or are on track.

·    Council has strong organisational awareness and focus on safety and wellbeing with 97% of staff confirming in the recent survey that they paid attention to Safety (OHS) and Wellbeing at work. This shows a strong indicator of a positive safety culture.

·    Council’s WorkCover premium rate for 2019/20 has reduced by 28.6% ($605,000 less) than 2018/19 year. The improvement is based on numerous factors but mainly attributed to our improved safety performance including fewer claims costs, fewer claims and successful return to work.  This also reflects a very strong OHS focused leadership and culture.

 


 

Introduction

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

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

Background

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

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

Proposal

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

Council has an Occupational Health and Safety (OHS) management system, policy, procedures and guidelines in place to meet the requirements of the OHS Act 2004.  A proactive approach to managing safety and reducing hazards and risks has been implemented through Council’s 2019 Wellbeing Plan which supports the People Strategy (developed 2017) and includes ‘Wellbeing’ as one of five key focus areas. 

Wellbeing Plan

Council’s Wellbeing Plan identified 32 actions for 2019 sitting under elements of Leadership, Support, Communication, Accountability and Recognition.  The key initiatives and status of the actions are outlined in the table below.  All actions have been achieved or are on track to be achieved in accordance with initial timeframes identified.

Key Initiatives

# actions

Status

1

Continuous improvement of the CoW OHS Management System

3

In progress - on track

2

New OHS Committee Structure established across the Council

2

Achieved

3

Emergency Management procedures are implemented and tested

2

Achieved

4

Develop a Job Task Analysis Register

1

In progress - on track

5

Continuous improvement of rehabilitation and RTW programs and support provided to ill or injured workers and their managers

2

In progress - on track

6

Identify mandatory / desirable OHS skills and capabilities for managers, supervisors and staff

1

In progress - on track

7

Develop and improve Wellbeing@ Work and Proactive Support programs

3

In progress - on track

 

8

Roll-Out Injury Prevention Programs

3

In progress - on track

9

Development of Incident Reporting Boards

1

Achieved - ongoing

10

Provision of quality OHS Information

1

Achieved - ongoing

11

Safety and Wellbeing Implementation Plans are developed by Departments for the implementation of new procedures

2

In progress - on track

12

Develop External Networks for professional development and cross learning

1

In progress - on track

13

Safety and Wellbeing is a standardised agenda item for all team meetings

1

Achieved - ongoing

14

Roll out the Whittlesea Ways to Wellbeing calendar of events 2019

1

Achieved - ongoing

15

Creation of the RMSS Champion Program

1

In progress - on track

16

Review Department Hazard Registers

1

In progress - on track

17

Priority Risk Action Plan review

1

In progress - on track

18

Review Contractor Management tools

1

Achieved - ongoing

19

Develop auditing tool(s) to measure the implementation of the Wellbeing Plan and ISO 45001:2018 at CoW

1

Scheduled late 2019

20

Safety and Wellbeing activities are promoted during Wellbeing Month

2

Scheduled late 2019

21

Safety and Wellbeing Initiatives, learning’s and success stories are shared across Council

1

Achieved - ongoing

Culture pulse survey – safety and wellbeing

Staff recently completed culture pulse surveys In December 2018 and April 2019 with the results being in both surveys that 97% staff agreed that they paid attention to Safety (OHS) and Wellbeing at work. (60% strongly agreed, 37% agreed). This result shows a strong focus on safety and wellbeing, and a strong indicator of a positive safety culture.

Lost time injuries (LTI)

Lost Time Injury Frequency Rate (LTIFR) is a nationally recognised measure for safety performance.  LTIFR refers to the number of lost time injuries within a 12-month period relative to the number of hours worked in that period. 

Strong safety performance has been maintained into 2019 allowing Council to maintain its downward trend in LTIs and our lost time injury frequency rate (LTIFR).

A focus of the 2019 Wellbeing Plan is to maintain our commitment to reduce our lost time injury frequency rate (LTIFR) by 20% each year and the new benchmark has been established (as per the graph below). Council’s current LTIFR is 18.3. The graph below shows a clear downward trend, with an unfortunate spike in May with seven LTIs.

 

Over the financial year we did not achieve the 20% reduction of LTIFR however we did improve by 7.1% (NB: from 19.7 (June 2018) to 18.3 (June 2019).

 

Graph 1 – LTIFR trend analysis – actual vs target.

 

 

Return to work

Over the past year there has been a significant focus on early and sustained return to work for injured workers. The days to return to work have reduced from 23 (2017) to 14 (2018) to 9 (2019 year to date). This is a positive trend demonstrating more effective and responsive Return to work for injured employees.

 

Graph 2  - Average days to return to work from injury.