Minutes of Council - 3 September 2019

Ordinary Council Minutes Tuesday 3 September 2019

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 This decision was appealed to VCAT, however later withdrawn.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:

o 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

o 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:

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

o 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

Neighbourhood Character

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).

Residential Policy

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.

Dwelling Diversity

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.

Infrastructure

Integration with the street

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.

Street setback

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).

Building height

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.

Site coverage

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

Permeability

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

B10

Energy efficiency

N/A

B11

Open space

N/A

B12

Safety

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

Condition

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

B14

Access

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

B15

Parking location

Car parking spaces are conveniently located within the basement.

B17

Side and rear setbacks

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

B18

Walls on boundaries

N/A

B19

Daylight to existing windows

B20

North-facing windows

N/A

B21

Overshadowing open space

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

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

B24

Noise impacts

N/A

B25

Accessibility

N/A

B26

Dwelling entry

N/A

B27

Daylight to new windows

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

B28

Private open space

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

B30

Storage

N/A

B31

Design detail

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

No front fence is proposed.

B33

Common property

B34

Site services

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

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

B37

Solar access to communal outdoor space

N/A

B38

Deep soil areas and canopy trees

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

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

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

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

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

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

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

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

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

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

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

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.

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.

(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;

(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.

(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

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

Plans Required

(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.

(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

Stormwater Management Assessment

Acoustic Assessment

Waste Management Plan

(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

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

Landscaping and Stormwater Management

Actions Before Use Commences

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.

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.

Infrastructure

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.

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.

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.

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

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

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

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:

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

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

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

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

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

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

Initials

Title of Officer

Initials

Title of Officer

AMCP

Acting Manager City Presentation – Anthony Kyrkou

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

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

Executive Officer – Karen Leeder

TLRE

Team Leader Research Engagement – Caralene Moloney

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

TENDERER

CONFORMING

COMPETITIVE

SCORE

RANK

Comensura

Yes

94.5

Tenderer B

N/A

Tenderer C

N/A

Tenderer D

N/A

Tenderer E

N/A

Project	PID	Proposed Funding
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

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

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

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

Planning & Feasibility

512,441

500,000

-12,441

500,000

-12,441

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 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

Key Initiatives

# actions

Status

Continuous improvement of the CoW OHS Management System

In progress - on track

New OHS Committee Structure established across the Council

Achieved

Emergency Management procedures are implemented and tested

Achieved

Develop a Job Task Analysis Register

In progress - on track

Continuous improvement of rehabilitation and RTW programs and support provided to ill or injured workers and their managers

In progress - on track

Identify mandatory / desirable OHS skills and capabilities for managers, supervisors and staff

In progress - on track

Develop and improve Wellbeing@ Work and Proactive Support programs

In progress - on track

Roll-Out Injury Prevention Programs

In progress - on track

Development of Incident Reporting Boards

Achieved - ongoing

Provision of quality OHS Information

Achieved - ongoing

Safety and Wellbeing Implementation Plans are developed by Departments for the implementation of new procedures

In progress - on track

Develop External Networks for professional development and cross learning

In progress - on track

Safety and Wellbeing is a standardised agenda item for all team meetings

Achieved - ongoing

Roll out the Whittlesea Ways to Wellbeing calendar of events 2019

Achieved - ongoing

Creation of the RMSS Champion Program

In progress - on track

Review Department Hazard Registers

In progress - on track

Priority Risk Action Plan review

In progress - on track

Review Contractor Management tools

Achieved - ongoing

Develop auditing tool(s) to measure the implementation of the Wellbeing Plan and ISO 45001:2018 at CoW

Scheduled late 2019

Safety and Wellbeing activities are promoted during Wellbeing Month

Scheduled late 2019

Safety and Wellbeing Initiatives, learning’s and success stories are shared across Council

Achieved - ongoing

RATIO	18/19	COMMENTS
Net Result (Net result / total revenue)	37% Green	This ratio measures Council’s ability to fund operations and asset renewal. Operating deficits cannot be sustained in the long term. A less than -10% (deficit) is deemed high risk (red) and a positive result is desirable (green).
Adjusted underlying result (Adjusted underlying surplus (or deficit) / Adjusted underlying revenue)	8.26% Green	Indicator of the broad objective that an adjusted underlying surplus should be generated in the ordinary course of business. A surplus or increasing surplus suggests an improvement in the operating position. A result of less than 0% is deemed as high risk (red) and a result higher than 5% is desirable (green).
Liquidity (Current assets / current liabilities)	3.62 Green	This ratio measures Council’s ability to pay existing liabilities in the next 12 months. A result of less than 0.75 is deemed as high risk (red) and a result higher than 1 is desirable (green).
Internal financing (Net operating cash flows / net capital expenditure)	137% Green	This ratio measures Council’s ability to replace assets using cash generated from operations. A result of less than 75% is deemed as high risk (red) and a result higher than 100% is desirable (green).
Indebtedness (non-current liabilities / own-sourced revenue)	6.4% Green	This ratio measures Council’s ability to cover its non-current liabilities with its own sourced revenue. A result of more than 60% is deemed as high risk (red) and a result lower than 40% is desirable (green).
Capital replacement (Cash outflows for property, plant and equipment / Depreciation)	2.55 Green	Comparison of the rate of spending on infrastructure with its depreciation. A result lower than 1 is deemed high risk (red) and a result higher than 1.5 is desirable (green).
Renewal gap (Renewal and upgrade expenditure / depreciation)	1.02 Green	Comparison of the rate of spending on existing assets through renewing, restoring and replacing existing assets with depreciation. A ratio lower than 0.5 is deemed high risk (red) and a result higher than 1 is desirable (green).
Overall assessment for long-term financial sustainability	Green	The City of Whittlesea remains low risk (green) for its long-term financial sustainability.

RATIO

18/19

COMMENTS

Net Result

(Net result / total revenue)

37%

Green

This ratio measures Council’s ability to fund operations and asset renewal. Operating deficits cannot be sustained in the long term.

A less than -10% (deficit) is deemed high risk (red) and a positive result is desirable (green).

Adjusted underlying result

(Adjusted underlying

surplus (or deficit) /

Adjusted underlying revenue)

8.26%

Green

Indicator of the broad objective that an adjusted underlying surplus should be generated in the ordinary course of business. A surplus or increasing surplus suggests an improvement in the operating position.

A result of less than 0% is deemed as high risk (red) and a result higher than 5% is desirable (green).

Liquidity

(Current assets / current liabilities)

3.62

Green

This ratio measures Council’s ability to pay existing liabilities in the next 12 months.

A result of less than 0.75 is deemed as high risk (red) and a result higher than 1 is desirable (green).

Internal financing

(Net operating cash flows / net capital expenditure)

137%

Green

This ratio measures Council’s ability to replace assets using cash generated from operations.

A result of less than 75% is deemed as high risk (red) and a result higher than 100% is desirable (green).

Indebtedness

(non-current liabilities / own-sourced revenue)

6.4%

Green

This ratio measures Council’s ability to cover its non-current liabilities with its own sourced revenue.

A result of more than 60% is deemed as high risk (red) and a result lower than 40% is desirable (green).

Capital replacement (Cash outflows for property, plant and equipment / Depreciation)

2.55

Green

Comparison of the rate of spending on infrastructure with its depreciation.

A result lower than 1 is deemed high risk (red) and a result higher than 1.5 is desirable (green).

Renewal gap

(Renewal and upgrade expenditure / depreciation)

1.02

Green

Comparison of the rate of spending on existing assets through renewing, restoring and replacing existing assets with depreciation.

A ratio lower than 0.5 is deemed high risk (red) and a result higher than 1 is desirable (green).

Overall assessment for long-term financial sustainability

Green

The City of Whittlesea remains low risk (green) for its long-term financial sustainability.

EXTERNAL MEETINGS
26/07/2019	Russell Kennedy Lawyers	VEOHRC
29/07/2019	YSAS Board Meeting	Chair (external meeting)
30/07/2019	McMillan Property Group and Kaufland Australia	Stakeholder meeting. Also in attendance Mayor Cr Cox
02/08/2019	National Growth Areas Alliance	City Deal Exchange meeting
06/08/2019	Mill Park Leisure Centre	Site visit
07/08/2019	Victorian Treasurer, Hon Tim Pallas	Melbourne Markers and City Deal
12/08/2019	Insync	Engagement survey
14/08/2019	Procurement Australia - Joe Arena, CEO	Meet and greet
15/08/2019	Crowe Horwath	Corporate governance
19/08/2019	Melbourne Market Authority	Epping Food Hub
19/08/2019	Maddocks Lawyers	Mill Park Leisure Centre

EXTERNAL MEETINGS

Date

Organisation or Individual

Purpose of Meeting

26/07/2019

Russell Kennedy Lawyers

VEOHRC

29/07/2019

YSAS Board Meeting

Chair (external meeting)

30/07/2019

McMillan Property Group and Kaufland Australia

Stakeholder meeting. Also in attendance Mayor Cr Cox

02/08/2019

National Growth Areas Alliance

City Deal Exchange meeting

06/08/2019

Mill Park Leisure Centre

Site visit

07/08/2019

Victorian Treasurer, Hon Tim Pallas

Melbourne Markers and City Deal

12/08/2019

Insync

Engagement survey

14/08/2019

Procurement Australia - Joe Arena, CEO

Meet and greet

15/08/2019

Crowe Horwath

Corporate governance

19/08/2019

Melbourne Market Authority

Epping Food Hub

19/08/2019

Maddocks Lawyers

Mill Park Leisure Centre

Criteria	Weighting
Price	50%
Capability	25%
Capacity	20%
Impact	5%

Comprehensive Result from Standard Comprehensive Income Statement	$353.628M
Less Other Comprehensive Income:
Asset revaluation increment (decrement)	236.591M
Net result for the year from Comprehensive Income Statement	$117.037M
Less Non-operating Income and Expenditure
Grants – capital	11.817M
Contributions - capital	2.768M
Contributions – cash (developer contributions)	27.431M
Contributions - Non-monetary assets	61.062M
Underlying surplus (deficit)	$13.959M

SIGNIFICANT INTERNAL ISSUES
29/07/2019	Citizenship Ceremony
29/07/2019	ELT Operational Meeting
30/08/2019	Councillor Briefing
31/07/2019	ELT Governance Meeting
05/08/2019	ELT Strategy Meeting
06/08/2019	Ordinary Council Meeting
07/08/2019	ELT Governance Meeting
12/08/2019	ELT Meeting
13/08/2019	Councillor Briefing
14/08/2019	CLT Meeting
14/08/2019	ELT Governance Meeting
19/08/2019	ELT Meeting
20/08/2019	Councillor Briefing
21/08/2019	ELT Governance Meeting